The special requirements contained in this article apply to the named uses whenever they are identified as special uses or as permitted uses subject to special requirements. Notwithstanding any other provisions of this chapter, whenever these regulations provide that a use in a nonresidential zone or a nonconforming use in a residential zone is permissible with a zoning permit, a special use permit (see section 36-102) shall nevertheless be required if the administrator finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In making this determination, the administrator shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question.
(1) Residential vacation rentals. Residential vacation rentals are hereby recognized as a use within the planning jurisdiction of the town. Except as provided herein, on and after January 1, 2010, it shall be a violation of these zoning regulations to operate a residential vacation rental without a vacation rental operating permit from the town.
a. Exceptions. The following activities and/or uses shall not be deemed residential vacation rentals and the requirements of this subsection shall not apply to them:
1. Incidental residential vacation rentals, defined to mean no more than two such rentals in any calendar year where the total annual rental period for both rentals does not exceed two weeks.
2. Rentals of property in any hotel, lodge, motel, bed and breakfast establishment, boardinghouse or roominghouse, with a valid certificate of zoning compliance. For purposes of this regulation, the term does not include multifamily dwellings nor does it apply to duplexes other than those situated within the R-1, R-1A, R-1B, R- 1C, R-1D, R-2 and M-1 zoning districts.
b. Vacation rental operating permits. Every residential vacation rental not excepted as in subsection (1)a of this section shall require a vacation rental operating permit issued pursuant to the regulations contained herein. The vacation rental operating permit may also function as a certificate of zoning compliance for a residential vacation rental. Any vacation rental operating permit issued prior to February 28, 2012, is recognized as having a vested status to operate under this chapter as amended on February 28, 2012. Additionally, anyone that can establish via tourism and development authority tax records or other suitable proof that they were engaged in vacation rental activity at their home prior to January 1, 2010, would also have vested status. Any future revisions and amendments to this chapter shall not apply to those vested residences. This status is transferable; although, a new vacation rental operating permit must be obtained in the name of the new owner. This status is forfeited if there is no vacation rental activity at the home for a period of five years.
1. Application. In order to obtain a vacation rental operating permit the owner or the operator shall submit an application for each such residential vacation rental which complies with the requirements of the town's zoning regulations and the additional requirements as found in subsection (1)c of this section and shall pay all applicable fees in accordance with the town's adopted fee schedule.
2. Procedure. From and after the effective date of the ordinance from which this chapter is derived, applications for a residential vacation rental use shall submit an application for a vacation rental operating permit, to be processed as a certificate of zoning compliance application with all additional supporting documentation as per subsection (1)c of this section.
c. Contents of application. The application for a vacation rental operating permit shall contain the following information:
1. The address of the property.
2. Name and contact information for the owner of the property.
3. Name and contact information for the operator if other than the owner.
4. A site plan showing the off-street parking area for the property. One parking space for every two rental bedrooms shall be required. Parking areas shall not encroach into any road right-of-way or neighboring private properties.
5. The number of bedrooms on the property intended to be used for occupancy.
6. A copy of the county revenue department property information card for the subject property.
7. If the property is served by the town's sewer system, a certificate from a qualified licensed professional that the connection to the town's system is operational and free of detectable leaks.
8. If the residential vacation rental includes the use of a boat on Lake Lure, proof of a valid town commercial boat license.
9. Proof that the property is registered with the county tourism development authority.
10. A copy of the standard rental agreement used for the residential vacation rental which contains information required by this section.
11. An acknowledgment that the applicant is aware of the occupancy restrictions on the use of the property as a residential vacation rental and the applicant's agreement to abide thereby.
12. A statement by the operator, under oath, that the information in the application is correct.
d. Inspections. In conjunction with an application for a vacation rental operating permit, the town shall conduct an initial inspection to confirm compliance with the requirements of this section.
e. Operational requirements. The following operational requirements shall apply to all residential vacation rentals:
1. Occupancy limits. On those occasions when the property is being utilized for vacation rental activity, the overnight occupancy shall not exceed two persons per bedroom plus four additional persons. For any permits issued subsequent to February 28, 2012, occupancy shall be the lesser of the total determined by the foregoing formula or 12 persons. Bedrooms used in calculating occupancy limits shall be taken from the application as affirmed by the owner/manager and shall be the same as the number of bedrooms as listed on the county revenue department's property information card to also assure the sufficiency of the wastewater system on site.
2. Signs. In the R-1, R-1A, R-1B, R-1C, R-1D and M-1 zoning districts, residential vacation rental properties shall not have any signs visible from the exterior of the premises which advertise the use of the property as a residential vacation rental, other than as required by this section. In the remaining zoning districts, residential vacation rental properties may have signage as authorized by article X of this chapter.
3. Display of contact information. Residential vacation rental operators shall prominently display on the exterior of the residential vacation rental property the name and 24-hour per day, 365 days-per-year telephone number for the residential vacation rental operator who will take and resolve complaints regarding operation of the residential vacation rental property and its occupants and guests. The town will prescribe the form of this display which shall also include a telephone number to report violations of this section to the zoning administrator.
4. Parking. Occupants or guests of any residential vacation rental property shall not park vehicles on the property other than within parking areas designated on the application for the residential vacation rental. Vehicles parked in undesignated areas, or in the street so as to violate the town's street ordinances, shall be subject to towing at the vehicle owner's expense.
5. Trash disposal. Household trash must be bagged and disposed of in trash receptacles. Trash receptacles shall be the size and number authorized by existing refuse contracts and shall be animal resistant.
f. Contract addendum. Every residential vacation rental contract shall contain an addendum, in a form prepared by the town, setting forth the requirements of this section and other applicable provisions of law. The operator shall obtain a signed acknowledgment from the renter that they have received such addendum prior to delivering possession of the residential vacation rental property. This requirement shall be deemed satisfied if the provisions of the addendum are included as part of the rental contract.
g. Duties of the operator to respond to complaints. To assure prompt response to complaints and issues concerning a residential vacation rental, the operator shall comply with the following:
1. Maintain a call center that is staffed by a live person and fully responsive at any time that the property is used as a residential vacation rental.
2. Continuously maintain on file with the town the operator's current address, telephone number, and facsimile number and/or email address.
h. Noncompliance with vacation rental operating permit/residential vacation rental regulations. Failure to comply with the standards and regulations as found in this section shall be enforced by the remedies and penalties as provided in chapter 1 and this chapter.
i. Notification to contiguous property owners of the issuance of a vacation rental operating permit. Upon issuance of the permit, the zoning official shall, by first-class U.S. Mail, notify all contiguous property owners of the decision to allow the use of the property as a residential vacation rental.
(2) Breweries, distilleries and wineries. An applicant seeking authorization to develop and/or operate a brewery, brewpub, distillery, micro-brewery, micro-distillery, micro-winery, nano-brewery or winery shall obtain a sewer use permit for the facility prior to issuance of such authorization, whether it be a certificate of zoning compliance or a special use permit.
(3) Campgrounds. Campgrounds shall comply with the general standards and procedures for special uses contained in section 36-101 as well as the specific standards and procedures contained herein.
a. Campground standards for all campgrounds. The following standards shall apply to all campgrounds containing two or more campsites or camp lots, including sites for tents, accommodations for backpackers and recreational vehicles (RVs):
1. Size. All proposed campgrounds shall be a minimum of three acres in size.
2. Certificate of compliance required. Any proposed campground shall not be allowed to open until such campground has met all planning and building requirements of this chapter for the town and the state.
3. Fire prevention and protection. The application for a special use permit shall include a plan for fire prevention and protection to be reviewed by the fire [chief]. The applicant shall be provided with a copy of the fire [chief's] comments and recommendations and shall address those at the hearing on the special use permit application.
4. Other permanent structures. Permanent structures other than camp platforms and recreational support and sanitary facilities shall be prohibited unless the developer or owner can demonstrate the necessity or desirability for such a structure. Structures commonly deemed necessary or desirable include a gatehouse, office, laundry area, video/amusement area, common area shelters, picnic table shelters for campsites, and camping cabins.
5. Storage of RVs. Storage of all types of recreational vehicles within campgrounds shall be limited to no more than one stored RV per ten RV sites. Such storage area shall be buffered and screened, preferably by vegetation, from the campground or outside areas.
6. Number of days permitted to camp. With the exception of campers who work for the campground, camping shall be restricted to a period of no more than 90 consecutive days within any one-year period. Tent camping shall be limited to a period of 30 consecutive days within a 60-day period.
7. Access to water for all campsites/RV utility islands. Each campground shall have reasonable access to a source of potable water approved by the applicable health authority and building codes.
8. Road circulation pattern. The road circulation pattern should be a one-way paved or gravel reinforced system attached to a main two-way circular thoroughfare. If a loop system is used, it shall contain a pull-through site arrangement or back-in site ranging from a 45- to a 90-degree angle. Parking on all access roads to the entire campground area shall be prohibited. A turning radius for all emergency vehicles shall be required as approved by the fire department. The turning radius in loops and turns shall not be less than those required by the fire department, including those for parking spurs at individual RV sites.
(i) Road width/slope in campground. Road widths on the one-way loop shall be at least 15 feet wide. Double lane roads shall have a minimum width of 20 feet. The circulation system shall parallel existing contours as closely as possible, and shall not exceed a 16-percent slope.
(ii) Land disturbance. A soil and erosion sedimentation plan shall be filed and approved by the town prior to any construction.
9. Campfires shall be contained and controlled. Campfires are permitted only within fire rings, which shall not be placed within ten feet of a bottled gas container or other combustible source of fuel. The campground management shall require that no open fire is left unattended.
10. Refuse disposal. All campgrounds shall provide fly-proof, watertight containers for the disposal of refuse. These containers shall also be constructed and located such that they are not subject to rodent infestation or dog and bear invasion. Containers shall be provided in sufficient number and capacity to properly store all refuse. Refuse for camping areas shall be collected at least once a day.
11. Overflow parking area. All campsites shall be limited to a total of one non-RV parking space. An additional area for parking of such vehicles shall be provided equal to one parking place for every ten campsites. Such parking area can be surfaced with gravel. At no time shall parking be permitted on access roads to the campground.
12. Insect control. Owners of such parks shall be responsible for adequate insect control in the camping area, such as the periodic spraying for mosquitoes.
13. Lighting. Cut-off, overnight lighting for all bathhouses and centralized water sources shall be required. Reflectors denoting paths to above-mentioned structures are recommended. Other minimal lighting should be installed as needed for the safety and comfort of campground residents.
14. Floodplains. Campgrounds proposed to be developed in whole or in part in floodplains shall demonstrate compliance with the flood damage prevention regulations contained in chapter 14.
15. Emergency evacuation. The application for a special use permit shall contain an emergency evacuation plan which is adequate to protect the safety of those utilizing the campground.
b. Campsites for accommodation of independent RVs.
1. Electricity hook up prohibited. RVs shall not be permitted to hook up to electricity or water for occupation on individual camp lots unless as part of an approved campground.
2. Density of sites. To prevent intensive site use, and to maintain an aesthetic camping atmosphere, density shall not exceed 15 sites per acre.
3. RV parking sites material/slope. Each recreational vehicle site with individual parking shall contain at least five inches of crushed gravel leveled to not more than three percent slope.
4. RV utility islands. Each RV site shall contain, within the utility island, hookups to water, sewer, and electrical service.
5. RV utility islands water/sewer plumbing requirements. Campgrounds with access to a sewage system shall provide that each campsite contain a sewer connection with suitable fittings to permit a watertight junction with the RV outlet. Each sewer connection shall be constructed so that it can be closed, and when not in use shall be capped to prevent escape of odors. All water taps or outlets serving RV campsites shall be of a type compatible with garden hose connections. Sewer and water piping and installation shall be constructed as specified in the state building code.
6. Electrical outlets. Each RV site shall have access to electrical power. All electrical outlets shall be located in a properly constructed utility island.
7. Parking dimensions RV sites. A parking plan shall be submitted which is adequate to accommodate the campground's expected clientele. Parking spurs shall be located so that trailer doors face away from interior roads and into the site. Parking for all recreational vehicles and any additional vehicle shall be of a minimum five-inch gravel base.
8. RV campsite spacing. RV parking sites shall be at least 20 feet apart (this 20-foot area will include any yard, cooking areas, dining areas, and utility island for next RV site), edge-to-edge, and the center of all camping units should be at least ten feet from the edge of the campground road.
9. RV dump station. A sanitary dump station built to the requirements of the local health department shall be provided at the entrance to the campground or other location convenient to all campsites. The dump station shall be located so that the left rear of vehicles will slope slightly toward the dump station when connected for emptying.
c. Sanitary facilities for accommodation of dependent RVs and tent campsites.
1. All campgrounds for the accommodation of dependent RVs and tents shall provide sanitary facilities connected to a sewerage system. Whenever possible, these facilities shall be connected to a public sewerage system.
2. Toilets, lavatories, and bathing facilities shall be as provided under state building code volumes 1C and 2.
3. Toilet facilities shall be plainly marked, separate for each sex, lighted at night, and shall be located no farther than 200 feet from any camp pad.
4. Toilet facilities may be located in a central building or in two or more buildings according to the size of the campground and location of the campsites in relation to the facilities.
5. Adequate provisions shall be made for the disposal of dishwater according to the size of the campground. A suggested ratio is one disposal unit per ten campsites.
d. Campsites for tents. Construction of tent pads is not required for pup tents or other small shelters used by backpackers. Provisions for walk-in campgrounds are contained in this subsection.
1. Each tent site should contain a minimum space of 30 feet by 30 feet. Density shall not exceed 15 sites per acre. Tent sites with individual parking arrangements shall contain one automobile parking space at least 18 feet by nine feet.
2. Each site should contain a reinforced, fairly level tent pad. The pads shall be approximately 16 feet by 16 feet to provide maximum flexibility of use, but shall not contain less than an area of 12 feet by 12 feet. The tent pad shall be a minimum of six inches high and constructed of gravel, crushed aggregate, or equivalent material that will allow run-off from precipitation to flow through the pad. Pads constructed of tamped earth, asphalt or other impervious materials are prohibited. Tent pads in excess of ten percent slope should be leveled. A three-percent slope is preferable.
3. Provisions for sanitary facilities are the same as for dependent RVs set out hereinabove.
e. Walk-in campgrounds.
1. Camping is prohibited in areas where a source of potable water and access to sanitary facilities is not provided.
2. Walk-in campgrounds shall have access to potable water within 75 feet of all sleeping areas. In locations where a water supply system is not possible, potable water may be supplied by an approved well with a hand pump or by water from pickup stations.
3. All walk-in campgrounds shall have access to the use of a toilet facility to be located within 300 feet of each camping space.
f. Campsites for mixed uses. Campgrounds may be developed to provide more than one type of camping site in the same area. When uses are mixed, the highest, or most strict, standards shall apply to development of the entire campground with the exception of walk-in camping areas in a campground designed for mixed uses. In such a development, walk-in camping shall be separated from other types of campsites so that campfire smoke or noise will not constitute a nuisance to other campers.
g. Campground design. The campground shall be designed in a manner which is compatible with the natural features and topography of the tract undergoing development, and in a manner which provides safe, healthful and convenient camping facilities for campground users consistent with minimum land disturbance.
1. A complete master plan of any new, expanded or altered park shall be submitted to the town for approval before construction in accordance with the checklist for campgrounds found in the appendices.
2. All campgrounds containing two or more campsites or camp lots, including sites for tents, accommodations for backpackers and RVs, require a special use permit.
3. Density shall not exceed 15 sites per acre.
4. Campgrounds shall be developed to minimize noise, campfire smoke, or trespassing so as not to create a nuisance to abutting properties.
5. Sanitary and bathing facilities shall be provided per the state building code. Sanitary dump stations built to the requirements of the local health department shall be provided at the entrance to the campground or other location convenient to all campsites. The dump station shall be located so that the left rear of vehicles will slope slightly toward the dump station when connected for emptying.
6. All campsites shall be limited to a total of one non-RV parking space per site or RV parking space. An additional area for parking of such vehicles shall be provided equal to one parking place for every ten campsites in a common location or spread throughout the campground.
(4) Telecommunications support facilities and antenna.
a. Purpose and intent. The town desires to encourage the orderly development of wireless communication technologies for the benefit of the town and its citizens. The town also recognizes the need to protect the character and appearance of its community. As a matter of public policy, the town desires to encourage the delivery of new wireless technologies throughout the town while controlling the proliferation of communication towers. Such development activities will promote and protect the health, safety, prosperity and general welfare of persons living in the town. Unless superseded by Session Law 2013-185, the Cell Tower Deployment Act, or Session Law 2017-159, Wireless Communication Infrastructure Siting, both of which shall control, the following provisions shall apply to the erection or replacement or modification of a wireless facility.
b. Severability.
1. If any word, phrase, sentence, part, section, subsection, or other portion of this section or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this section, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.
2. Any zoning permit issued pursuant to this section shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the town.
c. Definitions. The following words, terms and phrases, when used in this subsection (4), shall have the meanings ascribed to them in this subsection (4)c, except where the context clearly indicates a different meaning:
Accessory facility or structure means an accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities or complexes, including, but not limited to, utility or transmission equipment storage sheds or cabinets.
Amend, amendment and amended mean any change, addition, correction, deletion, replacement or substitution, other than typographical changes of no effect.
Antenna means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.
Applicant means any wireless service provider submitting an application for a zoning permit for wireless telecommunications facilities.
Application means all necessary and required documentation that an applicant submits in order to receive a zoning permit and building permit if applicable for wireless telecommunications facilities.
Certificate of completion (COC) means a required document issued by the town that confirms that all work represented in the application:
1. Was properly permitted;
2. Was done in compliance with and fulfilled all conditions of all permits, including any final completion deadline;
3. Was fully constructed as approved and permitted; and
4. A final inspection was requested, conducted and the facility or complex passed the final inspection.
Collocation means the use of an approved telecommunications structure to support antenna for the provision of wireless services.
Commercial impracticability or commercially impracticable means the inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone and for a single site, shall not deem a situation to be commercially impracticable and shall not render an act or the terms of an agreement commercially impracticable.
Completed application means an application that contains all necessary and required information and/or data as set forth in this chapter and that is necessary to enable an informed decision to be made with respect to an application and action on the application.
Complex means the entire site or facility, including all structures and equipment located at the site.
Distributive access system or DAS means a technology using antenna combining technology allowing for multiple carriers or wireless service providers to use the same set of antennae, cabling or fiber optics.
Eligible facility means an existing wireless tower or base station that involves collocation of new transmission equipment or the replacement of transmission equipment that does not constitute a substantial modification. An eligible facility application shall be acted upon administratively and shall not require a special use permit, but shall require staff administrative approval.
Expert assistance fee means a set fee intended to prevent taxpayer subsidization for the town's review of an application for telecommunication support facilities, WTFs, DAS systems, or antennae.
FAA means the Federal Aviation Administration, or its duly designated and authorized successor agency.
Facility means a set of wireless transmitting and/or receiving equipment, including any associated electronics and electronics shelter or cabinet and generator.
FCC means the Federal Communications Commission, or its duly designated and authorized successor agency.
Height means the distance measured from the preexisting grade level to the highest point on the tower or support structure, even if said highest point is an antenna or lightening protection device. As regards increasing the height of an existing structure, the term "height" means the height above the top of the structure prior to any work related to a wireless facility.
In-kind replacement means replacing a component that is malfunctioning with a properly functioning component of the same weight and dimensions and that does not enable an increase in revenue for the service provider or increase the compensation paid to the owner or manager of the support structure.
Maintenance means plumbing, electrical, carpentry or mechanical work that may or may not require a zoning permit and building permit, if applicable, but that does not constitute a modification of the WTF.
Modification or modify means the addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility or complex with identical components, including, but not limited to, antennae, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or change-out of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to an existing support structure or tower as a collocation is a modification, unless the height, profile or size of the compound is increased, in which case it is not a modification.
Necessary, necessity, or need means what is technologically required for the equipment to function as designed by the manufacturer and that anything less will result in the effect of prohibiting the provision of service as intended and described in the narrative of the application. The term "necessary," "necessity" or "need" does not mean what may be desired, preferred or the most cost-efficient approach and is not related to an applicant's specific chosen design standards.
NIER means non-ionizing electromagnetic radiation.
Person means any individual, corporation, estate, trust, partnership, joint stock company, association of two or more persons having a joint common interest, or any other entity.
Personal wireless facility. See Wireless telecommunications facilities.
Personal wireless services or PWS and personal telecommunications service or PTS shall have the same meaning as defined in the 1996 Telecommunications Act.
Repairs and maintenance means the replacement or repair of any components of a wireless facility or complex where the replacement is identical to the component being replaced, or for any matters that involve the normal repair and maintenance of a wireless facility or complex without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility or complex that will impose new visible burdens of the facility or complex as originally permitted. Any work that changes the services provided to or from the facility, or the equipment, is not repairs or maintenance.
Stealth or stealth siting technique means a design or treatment that minimizes adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean building the least visually and physically intrusive facility and complex that is not technologically or commercially impracticable under the facts and circumstances. Stealth techniques include such techniques as:
1. DAS or its functional equivalent; or
2. Camouflage where the tower is disguised to make it less visually obtrusive and not recognizable to the average person as a wireless facility complex.
Structural capability, structural capacity, or structural integrity means, notwithstanding anything to the contrary in any other standard, code, regulation or law, up to and not exceeding a literal 100 percent of the designed loading and stress capability of the support structure.
Substantial modification means a change or modification that increases the existing vertical height of the structure by the greater of:
1. More than ten percent; or
2. The height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet; or except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of:
(i) More than 20 feet; or
(ii) More than the width of the wireless support structure at the level of the appurtenance; or increases the square footage of the existing equipment compound by more than 2,500 square feet.
Telecommunications means the transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
Telecommunications site. See Wireless telecommunications facilities.
Telecommunications structure means a structure used primarily to support equipment used to provide wireless communications or was originally constructed primarily for such purpose.
Temporary means not permanent in relation to all aspects and components of this section and that will exist for fewer than 90 calendar days.
Tower means any structure designed primarily to support an antenna and/or other equipment for receiving and/or transmitting a wireless signal and is the lesser of:
1. More than ten feet taller than the adjacent buildings or trees; or
2. Taller than 40 feet.
Wireless telecommunications facility or facilities (WTF or WTFs), facility, site, complex, telecommunications site and personal wireless facility site mean a specific location at which a structure that is designed or intended to be used to house, support or accommodate antennae or other transmitting or receiving equipment is located. This includes, without limit, towers and support structures of all types and kinds, including, but not limited to, buildings, church steeples, silos, water towers, signs or other any other structure that is used or is proposed to be used as a support structure for antennae or the functional equivalent of such. It expressly includes all related facilities and equipment such as cabling, radios and other electronic equipment, equipment shelters and enclosures, cabinets and other structures associated with the complex used to provide, though not limited to, radio, television, cellular, SMR, paging, 911, personal communications services (PCS), commercial satellite services, microwave services, internet access services and any commercial wireless telecommunication services whether or not licensed by the FCC.
Zoning permit means a permit denoting compliance with this chapter and other applicable zoning requirements and standards that must be granted as a prerequisite to applying for and being granted any other required permit.
d. General policies and procedures for applications under this section.
1. It shall be unlawful for any person, corporation, partnership or other entity to erect any wireless facility without first obtaining a zoning permit from the administrator. A permit shall also be required for the erection of a replacement wireless support structure or the modification of an existing wireless support structure.
(i) Existing wireless support structures owned by government agencies and designed for noncommercial emergency communications may be replaced with a wireless support structure equal in height to the existing wireless support structure; however, all other chapter provisions are applicable.
(ii) The placement or collocation of wireless facilities on existing structures, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities, requires a zoning permit in compliance with requirements of this article.
(iii) Wireless support structures are allowed, with standards as in this article, in all zoning districts.
2. The administrator or board of adjustment shall approve or disapprove the zoning permit based upon the receipt of a completed site plan as required above and the following provisions:
(i) The wireless facility design plan was prepared by a professional engineer registered in the state, including engineer's signature, seal and address.
(ii) The site plan shall illustrate, with details, the foundation and base of the wireless support structure, the foundation for all the guy line anchors and support structures, all proposed buildings, and any other proposed improvements, including access roads and utility connections, within and to the proposed site.
(iii) In addition to any other materials required for a standard permit under this section or any other ordinance of the town, all applicants for permits to construct a telecommunications support facility or antenna shall submit visual impact demonstrations using photo or similar graphic simulations of the proposed facility as it would be seen from residential areas, public rights-of-way, and public parks and other sites.
(iv) Location requirements. The applicant shall identify all possible alternatives considered within the service area for the proposed wireless facility location and explain why the proposed wireless facility is necessary and why existing wireless facilities or other structures cannot accommodate the proposed antenna.
3. Wireless support structure height, operational limitations/requirements, and access infrastructure (for traditional wireless support facilities).
(i) A wireless support structure shall not exceed an overall height (OAH) of 200 feet, including the height of all antennae and lightning rods.
(ii) A wireless support structure located on any major mountain ridge shall be monopole and no taller than 30 feet higher than the vegetative canopies immediately surrounding the base of the tower.
(iii) The proposed wireless support structure shall be designed and constructed for collocation of at least three additional telecommunication antenna systems. The wireless facility area shall be of sufficient size to accommodate the accessory equipment for at least three additional telecommunication providers.
(iv) Contingent upon space available, the wireless facility operator shall also be equitable to allowing government emergency service communications to collocate on their facility at a reduced industry standard price.
(v) The wireless facility access road must be a minimum of 12 feet in width accommodating, to the satisfaction of the town fire [chief], all emergency equipment and vehicles; and, if gated, shall employ a Siren Operated Sensor access system.
4. The applicant shall be required to provide written documentation certifying compliance or, when appropriate, exemption from all applicable federal and state regulations.
5. The applicant shall present to the administrator or board of adjustment, if applicable, proof of either fee simple ownership, an option to purchase or lease, a recorded leasehold interest, or an easement, from the record owner of all property involved and any necessary rights-of-way to the wireless facility site.
6. Signage shall be limited to a sign identifying the owner and operator of the tower, an emergency telephone number and any other signage as required by any government agency. Signage shall be placed in a clearly visible location on the premises of the tower.
7. Setback requirements (engineered fall zone facilities).
(i) A tower shall be separated from other on-site and off-site towers and supporting structures such that one tower will not strike another tower or its support structure if it falls. Towers shall be set back from property lines in accordance with the twice the setback requirements for the district or 110 percent of the documented engineered fall zone, whichever is greater. Additionally, telecommunications towers must set back from any residential districts or uses a distance equivalent to the fall radius of the tower being erected times ten percent.
(ii) Wireless facilities located within transmission line easements are not required to meet the requirements of subsection (4)d.7(i) of this section.
(iii) There shall be no setback requirement from structures located on the same parcel as the proposed wireless facility as long as a professional engineer, registered in the state, certifies that the fall zone of the wireless support structure is designed to avoid said structures and the owner of the structures in question records a legally valid hold harmless agreement, indemnifying the town from all liability and claims for damages arising from the performance of the telecommunications facility designer, contractor and installer; including any subcontractors or consultants associated with the project.
8. The wireless support facility shall be constructed to the Electronics Industries Association/Telecommunications Industries Association 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Support Structures," as the same may be amended from time to time. Any tower shall also comply with the requirements of the state building code, National Electrical Code, Uniform Plumbing Code, and Uniform Mechanical Code. The wireless support structure shall be designed to meet the ANSI/EIA/TIA-222-G (as minimum) one-half inch of solid radial ice standard.
9. The wireless facility and any guy wires shall be surrounded by a commercial grade chain link secure fence at least eight feet in height, which may include no more than two feet of barbed or razor wire.
10. Lighting on wireless support structures shall not be permitted except as required by federal and state regulations.
11. Wireless support structures shall be light gray except when specific colors and color patterns are required by federal or state regulations or a different natural color, as approved by the administrator, which would make the tower blend into its natural surroundings more readily.
12. All wireless facilities shall be landscaped by semi-opaque vegetative screening on all sides. All plants and trees shall be indigenous to western North Carolina and shall be drought resistant.
13. Stealth wireless facility.
(i) Antennae must be enclosed, camouflaged, screened, obscured or otherwise not readily apparent to a casual observer.
(ii) The structure utilized to support the antennae must be allowed within the underlying zoning district. Structures may include, but are not limited to, flagpoles, bell towers, clock towers, crosses, monuments, parapets, and steeples.
14. A DAS system that is owned or operated by a commercial carrier and is part of a commercial wireless system, or is used for commercial purposes, is expressly included in the context of this section, regardless of the location or whether the facility or any of its components is located inside or outside a structure or building.
15. Wireless facilities shall comply with all other applicable regulations of this chapter, and, where applicable, shall meet the requirements for a special use permit.
16. The applicant shall provide the administrator with a certificate of general liability insurance in the minimum amount of $1,000,000.00. The certificate shall contain a requirement that the insurance company notify the town 30 days prior to cancellation, modification or failure to renew the insurance coverage required.
17. The collocation of facilities and/or stealth technology shall be considered a mitigating factor to a variance request and may be justification for the request.
18. Any tower constructed under a permit pursuant to this article shall be removed within 180 days of the date which it ceases to be in active use, or upon notice from the ordinance administrator, whichever is more favorable to the owner.
19. Collocation of small wireless facilities. Pursuant to guidance as provided by G.S. 160D, the town shall allow collocation of small wireless facilities on eligible facilities pursuant to the following guidelines:
(i) A zoning compliance permit is required.
(ii) All ground support equipment shall require semi-opaque vegetative landscape screening on any sides visible to the motoring public such as can be accomplished without compromising underground utilities, and while maintaining a 12-foot by 25-foot sight triangle from intersections, and 15 feet of clear area along perpendicular streets culminating at a corner lot.
(iii) Each new facility in the right-of-way shall not extend more than ten feet above the utility pole, city utility pole, or wireless support structure on which it is collocated. Extensions proposed higher than ten feet shall require a variance from the board of adjustment.
(iv) Each new utility pole and each modified or replacement utility pole or city utility pole installed in the right-of-way shall not exceed 50 feet above ground level. In residentially zoned areas, the height limit for new pole installation shall be 40 feet unless granted a variance by the board of adjustment.
(v) Wireless providers are responsible for damages due to their activities to town rights-of-way while occupying, installing, repairing or maintaining wireless facilities, wireless support structures, city-owned or other utility poles.
(vi) Collocations on private support structures shall require a letter of consent from the owner of the structure.
e. Fees. Subject to the provisions of G.S. 160A-400.54(e), 160A-54(f), 160A-296(a)(6), 160A-206(b), and 160D, all fees and charges, including, but not limited to, application fees, inspection fees and permit fees, shall be as set forth in the town's schedule of fees and charges. For new towers, support structures, or substantial modifications, an expert assistance fee shall be established in advance to prevent taxpayer subsidization of the applicant. This fee shall be established in the town schedule of fees and charges, and shall be tendered in cash or a certified cashier's check upon submittal of the telecommunications support facility application. It shall be held by the town's finance officer in an escrow account, whereby it may be drawn upon as necessary for payment of professional services related to the town's review of the application.
(5) Mobile food vendors
a. Definitions.
1. Mobile Food Vendor means a readily movable trailer or motorized wheeled vehicle, currently registered with the N.C. Division of Motor Vehicles, equipped to serve food.
2. Regulatory Fee means a fee assessed to cover the cost of regulating a particular type of business activity that is assessed to an operator of that type of business.
b. Permitting.
1. Permit required for Mobile Food Vendor operator: An annual Mobile Food Vendor permit from the Zoning Administrator of the Town of Lake Lure shall be required prior to operating a Mobile Food Vendor in Lake Lure. A regulatory fee will be assessed to cover the costs associated with regulation of Mobile Food Vendors in Lake Lure.
2. A Mobile Food Vendor Permit is valid for one (1) year from the month in which the permit was issued. This permit shall be posted in a visible location on the food truck.
3. The Mobile Food Vendor shall have the signed approval of the property owner for any location at which the Mobile Food Vendor operates.
4. Mobile Food Vendors operating on Town-owned property must provide evidence of at least $300,000 liability insurance coverage.
5. Mobile Food Vendors shall provide documentation of approval from the North Carolina Department of Health and Human Services. A valid health permit must be maintained for the duration of the Mobile Food Vendor permit and shall be placed in a conspicuous location on the vehicle for public inspection.
6. Zoning permit required for property use: No land may be used for a Mobile Food Vendor operation until a certificate of zoning compliance shall have been issued to the property owner. The zoning permit shall be for Mobile Food Vendor operations as either a commercial primary use or as an accessory to a commercial use. Zoning district yard setbacks shall apply to any Mobile Food Vendor location.
c. Locations and Restrictions.
1. Permitted Mobile Food Vendors may operate on private property that has a valid zoning permit for Mobile Food Vendor use within the following districts:
R-3 Resort Residential: with a special use permit when in conjunction with a hotel, motel, lodge or resort; or as an accessory use to an existing restaurant
CN Commercial Neighborhood District
CTC Commercial Town Center District
CG Commercial District
CSG Commercial Shopping Center District
S-1 Scenic Natural Attraction District
GU Governmental Institutional Use District, upon approval of Town Council
2. Permitted Mobile Food Vendors may operate on private property as an accessory use to a legally permitted campground in any zoning district.
3. Permitted Mobile Food Vendors may operate on Town-owned property with approval from Town Council regardless of the zoning district.
4. Permitted Mobile Food Vendors may be utilized for a specific, temporary event in conjunction with the following uses, regardless of the zoning district in which they are located:
Primary Event Venues in connection with an event at the venue.
Accessory Residential Event Venues in connection with an event at the venue.
Churches or school, in connection with temporary event on that location.
Town Council approved Farmers’ Markets with Mobile Food Vendor(s) use approved.
Town Council approved festival or event with Mobile Food Vendor(s) use approved.
Residences, in connection with a private event at the residence.
5. The Mobile Food Vendor vehicle shall be positioned at least 100 feet from the customer entrance of an existing restaurant during its hours of operation, unless the Mobile Food Vendor operator provides documentation from the restaurant owner supporting a closer proximity.
6. The Mobile Food Vendor vehicle shall not block drive aisles, other access to loading/service areas, or emergency access and fire lanes. The Mobile Food Vendor vehicle must also be positioned at least 15’ away from fire hydrants, any fire department connection, driveway entrances, alleys, or handicapped parking spaces and must have at least three off-street parking spaces in addition to spaces required by Section 36-218 for any other existing uses on parcel.
7. These Mobile Food Vendor permitting requirements, rights or privileges shall not apply in any respect to food vending at any event that is approved and sanctioned, or sponsored, by Town Council. Town Council shall consider the recommendations of the Police Chief, Fire Chief and Community Development Director when approving specific, individualized requirements, rights and/or privileges for any such event.
d. Public Safety and Nuisance Provisions
1. A trash receptacle shall be provided for customers. Town trash receptacles do not satisfy this requirement. All associated equipment, including trash receptacles, must be within five (5) feet of the Mobile Food Vendor vehicle.
2. Temporary connections to potable water are prohibited. All plumbing and electrical connections shall be in accordance with the State Building Code.
3. No liquid, grease or solid wastes may be discharged from the Mobile Food Vendor. Absolutely no waste may be disposed of in tree pits, storm drains, or onto the sidewalks, streets, or other public space. Under no circumstances shall grease be released or disposed of in the Town’s sanitary sewer system.
4. Mobile Food Vendor vehicle must have the following fire extinguisher on board during hours of operation: minimum Class 2A, 10B, and C rated extinguisher. If food preparation involves deep frying, a Class K fire extinguisher must also be on the vehicle. All National Fire Protection Association (NFPA) standards shall be met to include fire extinguishers and fire suppression hood systems shall be maintained.
5. If the Mobile Food Vendor vehicle operates after dark, the Vendor shall provide appropriate lighting. Lighting shall be such that minimizes the glare on roadways and surrounding properties.
6. No signage shall be allowed other than signs permanently attached to the Mobile Food Vendor vehicle and one (1) sandwich style menu sign.
7. The noise level from the Mobile Food Vendor vehicle and operations shall comply with the Town’s noise ordinance.
8. Mobile Food Vendors shall only operate between the hours of 7am to 11pm.
e. Revocation of permit
1. The permit issued for the Mobile Food Vendor operator may be revoked if the Vendor violates any of the provisions contained in this article; or any Environmental Health Department, county or state regulation pertaining to mobile food vendor operations.
2. If at any time evidence of the improper disposal of liquid waste or grease is discovered, all permits for the Mobile Food Vendor shall be rendered null and void, and the operation within the Town will cease.
3. If at any time, the Environmental Health Department revokes or suspends the issued food vending permit, all Town permits shall be revoked or suspended simultaneously.
4. The town manager may revoke a permit if he or she determines that the Mobile Food Vendor's operations are causing parking, traffic congestion, or litter problems either on or off the property where the use is located or that such use is otherwise creating a danger to the public health or safety.
f. Exceptions
1. A temporary event sponsored by local schools, churches, registered not-for-profit organizations, or the local Chamber of Commerce may have Mobile Food Vendor permit fees waived or reduced with recommendation of Zoning Administrator and Town Council approval.
2. Actively operating restaurants within the Town limits may apply for up to one (1) waived Mobile Food Vendor permit fee. The Mobile Food Vendor permit will still be required.
g. Penalties.
1. Any violation of subsections B, C, and D shall constitute a civil violation and subject the violator to a civil penalty in the amount of fifty dollars ($50.00). Each day that a violation continues uncorrected shall constitute a separate violation. In addition, these violations subject the vendor to permit revocation as outlined in subsection (E).
2. The Code Enforcement Officer and his/her designees are authorized to determine the existence of the violations and to assess the civil penalties established by this article by issuing a citation to the person determined to be in violation or by sending a letter to the vendor responsible for the violation. Any such notice or citation shall state the nature of the violation and the procedures available for review of the penalty imposed.
3. Any violation and penalty assessed under this article may be appealed to the town manager provided such appeal is filed with the town manager's office within fifteen (15) days after notice of said civil penalty. If an appeal is timely filed, the manager or his designee shall conduct an administrative hearing; shall consider any information the party assessed the penalty presents; and shall render a decision on the appeal within ten (10) days of the conclusion of the hearing. If no appeal is filed, the determination of the Code Enforcement Officer or his or her designee shall be final.
4. Any penalty not paid within thirty (30) days of assessment, or the conclusion of any appeals taken under the provisions of this section may be recovered by the town in a civil action in the nature of the debt. In addition to the penalties and remedies provided by this section, the Town may institute any appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this Section.
(Code 1989, § 92.042; Ord. of 10-13-2009; Ord. of 1-1-2010; Ord. of 2-28-2012; Ord. of 10-14-2014; Ord. of 7-14- 2015; Ord. of 3-13-2018; Ord. of 2-12-2019; Ord. of 7-9-2019; Ord. No. 21-05-11, 5-11-2021; Ord. No. 21-11-09, 11- 09-2021, Ord. No. 22-11-08A)