The Board of Adjustment or the Board of Commissioners may grant permission for the establishment of the following uses, subject to any specific conditions either set forth below or which the Board may deem necessary to satisfy the conditions set forth in § 157.136.
(A) Adult Day Care Center. An adult day care facility may be permitted in districts designated in the Table of Permitted Uses, subject to the dimensional requirements of the district and provided:
(2) A paved or otherwise improved driveway, with ingress and egress directly onto a public street, is constructed in such a manner as to provide entrance to and exit from the property without backing onto the street right-of-way;
(3) No outside sign in excess of four square feet in area shall be permitted; and
(4) The construction and operation of such facilities shall comply with the provisions of the General Statutes of the State of North Carolina and any other applicable Federal, State, or local codes.
(B) Bars, cabarets, and discos. May be permitted in districts designated in the Table of Permitted Uses, provided: bars, cabarets, and discos which, because of their very nature, are recognized as having potential objectionable operational characteristics, particularly when located near a residential area, church, child nursery, school, college or university. Therefore, a minimum separation of 1,000 feet from the nearest property line of any residential zoning district, residential use property, church, child nursery, school, college or university shall be required for purposes of such establishments.
(C) Bed and Breakfast Inn. Bed and breakfast inns may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of those districts, and where the buildings are principally used as private residences, or in accessory structures as defined in §§ 157.046 and 157.121(C)(5) of this chapter. Such accommodations are intended to offer temporary lodging in a private home which usually has architectural and/or historical interest, rather than the provision of food service or the offering of facilities for long-term occupancy, such as provided by boarding houses, inns, and similar guest lodging. Plans for such a use must be submitted to the Planning Department at the time of request for a special use permit.
(D) Cabinet and Woodworking Shop. A cabinet and woodworking shop may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of the district and provided:
(1) No other principle use exists on the property;
(2) Maximum lot size of two acres;
(3) No more than 25% lot coverage including structure and impervious surfaces;
(4) Must be screened from adjacent residential uses by a vegetative buffer ten feet in width and which reaches a minimum of six feet in height within a three-year time period; and
(5) A maximum of ten employees.
(E) Cemetery. A cemetery may be permitted in districts designated in the Table of Permitted Uses, provided it shall meet the minimum requirements of the North Carolina Cemetery Commission.
(F) Child Day Care Center. A child day care center may be permitted in districts designated in the Table of Permitted Uses, subject to the dimensional requirements of the district and provided:
(2) A paved or otherwise improved driveway, with ingress and egress directly onto a public street, is constructed in such a manner as to provide entrance to and exit from the property without backing onto the street right-of-way;
(3) The entire play area is enclosed with a fence having a minimum height of four feet and constructed in such a manner that maximum safety is ensured.
(4) No outside sign in excess of two square feet in area shall be permitted in residential districts; and
(5) The construction and operation of such facilities shall comply with the provisions of the General Statues of the State of North Carolina and any other applicable Federal, State, or local codes.
(G) Colleges, universities, professional schools, and technical institutions. Such appropriate educational facilities may be developed in districts designated in the Table of Permitted Uses, subject to the requirements of those districts and a case by case review by the Planning Department concerning:
(1) Appropriateness and feasibility, including parking, ingress and egress;
(2) Aesthetics; and
(3) Compatibility with surrounding land uses.
(H) Convenience food store. A convenience food store may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of the district in which it is to be located and provided that:
(1) The total amount of land devoted to such use shall not exceed one acre.
(2) The gross square footage of the structure shall not exceed 3,000 square feet.
(3) The use shall be limited to providing convenience food sales and gasoline sales to the surrounding residential area, provided that vehicular services such as, but not limited to, auto repair, sale of auto accessories, washing, etc. shall not be permitted.
(4) A convenience food store shall not be permitted within the interior of a residential subdivision.
(5) Specifications for a proposed principal use sign shall be submitted with the application for the special use permit.
(7) Fuel sales may be approved provided such sales shall be limited to one pump island located a minimum distance of 30 feet from any street right-of-way and 40 feet from any side or rear lot line.
(I) Duplexes. Duplexes may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of the district and that the proposed development is in keeping with the rural, low-density requirements of the district.
(J) Event Center. An event center may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of the district and provided:
(1) Hours of operation shall be no earlier than 7:00 a.m. and no later than 1:00 a.m. when the use abuts a residential use or a residentially zoned lot;
(2) All weddings and events shall adhere to the Pasquotank County Noise Ordinance and no outside amplified sound is permitted past 11:00 pm;
(3) Off-street parking shall be provided at a ratio of one parking space per four seats or one parking space per four persons of maximum building occupancy, whichever is greater. Parking surfaces are not required to be paved, however, parking stops are required;
(4) Exterior lighting shall be such that it is not directed onto any adjacent residential lot;
(5) Environmental Health requirements for sewage disposal and water supply shall be met at all times;
(7) On agriculturally zoned property, one on-premise sign is allowed with a maximum height of eight feet and maximum size of 32 square feet. Sign setbacks shall be a minimum of ten feet from rights-of-way, property lines, and structures.
(K) Fraternal and social organizations. Fraternal and social organizations may be allowed in the districts designated in the Table of Permitted Uses, subject to the requirements of the district where located and provided that:
(1) The lot size shall be no less than 20,000 square feet for new construction and no less than 15,000 square feet for the conversion of existing buildings;
(2) The usable floor space shall be no less than 250 square feet per resident;
(4) The parking lot shall be provided with a continuous visual buffer with a minimum height of six feet. The buffer shall be a combined fence and evergreen hedge or shrubbery screen.
(L) Hospital or nursing and personal care facilities. A hospital or nursing and personal care facility may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of the districts and provided that:
(1) The lot size shall be no less than two acres; and
(2) The structure shall have minimum side and rear yards of 50 feet and a front yard of at least 25 feet greater than that required of single family residences within the district in which located.
(M) Indoor shooting ranges. Indoor Shooting Ranges may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of that district.
(N) Junkyards, scrap processing. A junkyard or scrap processor may be permitted in districts designated in the Table of Permitted Uses, subject both to the requirements of that district, and to the requirements of the "Ordinance Regulating the Operation or Maintenance of Automobile Graveyards and Junkyards in Pasquotank County" (April, 1987, and any subsequent amendments), the latter having certain restrictions regarding fencing and proximity to residential areas. In addition, the following requirements will apply:
(1) All fluids from vehicles, transmission, brake fluid, gasoline, etc. shall be drained from any vehicle before the vehicle is stored. The fluids shall be drained into approved containers and be disposed of according to approved environmental procedures and Environmental Protection Agency (EPA) regulations.
(2) A cement pad shall be installed for fluid drainage to prevent soil pollution or contamination.
(3) If at any inspection, fluids are determined to have been placed or drained in the ground/soil, the permit shall be revoked immediately.
(4) Unless specifically approved otherwise, vehicles shall not be stacked.
(5) If stacking is specifically approved, the stacked vehicles are to be shielded in such a manner that they cannot be seen from any adjacent residentially zoned or residentially used properties.
(6) The vehicle storage area shall be contained entirely within a six-foot high solid fence with a vegetative buffer planted along the outside of the fence along the entire perimeter of the property.
(7) The maximum number of vehicles stored on the site at any one time may be restricted to a specific number.
(8) The vehicle storage area shall not exceed more than 50% of the property.
(O) Mining and quarrying. Mining and quarrying may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of the I-1, I-2, A-1,and A-2 districts with a special use permit except as provided below. The special use permit shall be issued only if the applicant has received the State of North Carolina mining permit and complies with the general standards and following specific standards:
(1) Any mine or quarry activity affecting more than one acre (including excavation, area where overburden is placed, area used for processing or treatment and settling ponds, access roads, etc.) shall be subject to these regulations and require a special use permit. In the event that one acre or less is disturbed, excluding haul roads, such use shall be permitted by right with a zoning permit in all zoning districts subject to a minimum 100 foot excavation area setback from all property lines, a maximum 3 to 1 slope above the water, a maximum 2 to 1 slope in the water, an average minimum depth of four feet, and a $1,000 bond posted with the Planning and Inspections Department to ensure proper reclamation of the mine.
(2) If at any time a state agency suspends or revokes any permits it has issued for the mining and quarrying operation, the revocation or suspension shall cause the special use permit to become void;
(3) All state permits and applications for state permits associated with the mining and quarrying activity, including permit modifications, shall be filed within ten working days of issuance or submittal in the Planning and Inspections Department by the applicant;
(4) The special use permit shall be valid for a period of ten years from the date it is granted. In the event the property owner desires to continue the mining and quarrying operation thereafter, he shall again petition the Board of Adjustment for a new permit;
(5) The hours of operation of all mining and quarrying related facilities and activities on the mining or quarrying site shall be established by the Board of Adjustment to minimize:
(a) Traffic delays and interruptions on public roads; and
(b) Noise levels and sound disturbances to adjoining property owners and the community at large;
(6) Appropriate buffers and screens for mining and quarrying activities shall be determined by the Board of Adjustment in order to minimize the negative impacts on adjoining properties and street right-of-ways. The use of earth berms for visual screening shall be encouraged where appropriate;
(7) No activities associated with the mine or quarry, including but not limited to excavation activities, vehicular access (except for driveways providing access to the site) and detention ponds, shall be located within 100 feet of any property line and 300 feet of any residence, school, church, hospital, commercial or industrial building, public road, or cemetery. Setbacks will be reduced by 50% when there is a visual screen of at least six feet in height between the mining or quarrying activity and the adjoining use. Further, the Board of Adjustment may reduce non-modified setbacks by 50% when the mining or quarrying activity adjoins a vacant parcel or farmland. Where mining or quarrying activities remove four feet or less of soil and maintain at least one foot above the seasonal high water table, the mining or quarrying activity setback shall not be less than 25 feet from any property line or use;
(8) When shared with other uses, roads entering mining or quarrying areas shall be properly graded and drained in order to minimize potholes and standing water;
(9) Where two or more accesses to the mining or quarrying operation exist, traffic shall be routed to the access having the least negative impact on adjoining properties;
(10) All trucks hauling mined or quarried materials (i.e., sand, clay, topsoil) shall be covered with a tarpaulin when materials extend above the raised board of the truck;
(11) Overburdened to be used for future reclamation shall be placed where it will not be disturbed by normal mining or quarrying activities and shall be stabilized to reduce wind and water erosion. Use of overburden for earth berms is encouraged to reduce the impact of the mining or quarrying operation on adjoining properties;
(12) No bulk waste, hazardous waste, commercial waste, garbage, construction or demolition waste shall be placed on site;
(13) Discharging of water from the mine or quarry site shall be permitted subject to obtaining a state permit. The county may take random samples and have the results tested for settable solids, turbidity, and pH at the operator's expense. Such testing shall not exceed six tests per year. Discharging without proper state permits will result in initiating procedures to revoke the special use permit.
(14) No trespassing signs shall be posted around the site being mined or quarried at a maximum distance of 250 feet apart indicating that a mining or quarrying operation is being conducted on the property;
(15) Reclamation shall be conducted simultaneously with mining and quarrying operations. Annual reclamation reports shall be submitted to the Planning and Inspections Department within ten days of being filed with the state;
(16) Drainage patterns shall not be altered so as to cause flooding off-site while the permit is valid and after reclamation;
(17) All provisions of state and local permits issued for the operation shall be met; and
(18) Application/mapping requirements. In addition to all other application submittal requirements established in this chapter, the applicant shall provide the following:
(a) Name of mine/quarry;
(b) Mine/quarry manager, address and phone number;
(c) Mining/quarrying methods;
(d) Steps taken to maintain haul roads when appropriate;
(e) Description of day to day operations;
(f) Statement of timing of reclamation;
(g) Description of project stages at beginning, halfway through, and reclamation (size, timing, status of site);
(h) Description of sedimentation control measures and drainage patterns;
(i) All state permits issued and all materials turned in to obtain such permits;
(j) Proposed use after mining/quarrying along with site plans and a description of how sewage will be handled;
(k) Boundaries of pit(s);
(l) Location of haul roads; and
(m) Buffers, existing vegetation on site and berms.
(P) Motor sport activities. Motor sport activities may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of the district and provided that:
(1) The hours of operation shall be determined by the Board of Commissioners based upon surrounding land use and the proposed business activities (frequency, duration, time of day, etc).
(2) All activities shall comply with Pasquotank County Noise Ordinance and the following:
(a) Consideration for adjacent property uses shall be considered when installing loudspeakers. Location, height, etc. shall be approved by the Board of Commissioners.
(b) Hours of use of the PA system shall be 10:00 a.m. to 7:00 p.m.; unless amended by the Board to accommodate the nature of the business.
(3) Access.
(a) Ingress/igress and roads leading to event sites and parking areas shall:
1. Be constructed with a minimum 24-foot width and minimum six-inch depth stone;
2. Have a paved apron at the connection to the state road extending 50feet into the site beginning at the state road edge of pavement to minimize loose rocks on the road;
3. Be properly maintained with the use of dust control measures as needed; and
4. A second entrance, constructed to the same standards, must be provided for emergency situations.
5. Board of Commissioners may require a traffic study and increase entrance standards.
(b) Supply documentation from NCDOT that a turning lane has been requested if the site has direct access to a primary road.
(4) Required fencing/protection barriers.
(a) A controlled access, as approved by the Board of Commissioners, shall be combined with a treed buffer and enclose all property used for the activity, excludes parking areas.
(b) Opaque fence, minimum six feet in height shall be installed along portions of the facility that abut residentially used/zoned property (modified chain link fences are not acceptable).
(c) Fencing/protection barriers shall be established between spectators and participants. Detailed drawings and specifications for materials shall be included with site plan for approval.
(5) Parking.
(a) All parking shall be contained within the property boundaries (no parking on road shoulders); and
(b) Parking control shall be provided by the applicant for special events.
(6) Dust control.
(a) Dust control shall be provided in the form of a fast growing evergreen vegetated buffer around dirt areas (fast growing trees include but not limited to chryptomania, Nellie Stevens Holly, Legostrum). Trees shall be minimum six feet in height at time of planting. Location of vegetated buffer and species shall be identified on the site plan and maintained at all times to remain compliant with the conditional use permit.
(b) Irrigation systems and/or water trucks shall be used during events to control dust. The irrigation system shall be shown on the site plan.
(7) Setbacks.
(a) All activities shall be located no closer than 500 feet to each property line;
(b) All activities shall be located no closer than 1,000 feet to any residentially used or residentially zoned property.
(8) Adequate trash receptacles and dumpsters shall be provided.
(9) Restrooms facilities shall be provided as required by Albemarle Regional Health Services and/or NC State Building Code. These requirements shall be submitted at the time of application for the special use permit.
(10) Outdoor lighting shall be 90 degree cut-off and the site plan shall indicate the style and location of all outdoor lighting.
(11) The use permit shall be valid for a period of three years from the date it is granted. If operation of the motor sport activity is desired to continue, the applicant must petition the Board of Commissioners for a new permit before the current permit expires.
(Q) Moving and storage service. Moving and storage services are permitted as indicated by the Table of Permitted Uses. Establishments that require a special use permit in the A-1, Agricultural District shall also meet the following requirements:
(1) All new sites shall be no less than two acres in size.
(2) No outside bulk storage shall be permitted.
(3) The property where the business is located shall have road frontage on a state maintained road.
(4) The maximum lot coverage permitted for the site shall be 24%.
(R) Outdoor recreation establishments commercially operated. These establishments may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of the district and provided that:
(1) Outdoor lighting shall be 90 degree cut-off and the location of all outdoor lighting shall be shown on the site plan;
(2) The Board of Commissioners may set the hours of operation to keep in harmony with surrounding land uses; and
(3) The Board of Commissioners may increase the setback requirements.
(S) Outdoor shooting ranges. Outdoor shooting ranges may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of the district and provided that:
(1) All shooting areas shall be setback a minimum distance of 100 feet from any street right-of-way;
(2) The firing range shall have a natural earth embankment a minimum of 15 feet high placed behind all targets within the shooting area;
(3) The firing range shall be posted “No Trespassing - Danger - Shooting Range” at 100- foot intervals around the perimeter;
(4) At least one qualified individual in the sponsoring club or organization shall be certified for shooting range supervision. Each facility shall adopt safety rules and regulations as determined by the sponsoring club or organization.
(T) Private club or lodge. A private club or lodge may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of the district and provided that:
(1) All new sites shall be no less than two acres in size:
(2) Structures shall have minimum side and rear yards of 50 feet and a front yard of at least 25 feet greater than that required for single family residences within the district located; and
(3) Provisions for food, refreshment, and entertainment for club members and their guests may be allowed in conjunction with such use if the Board of Adjustment determines that said provisions will not constitute a nuisance.
(5) The parking lot shall be provided with a continuous visual buffer with a minimum height of six feet. The buffer shall be a combined fence and evergreen hedge or shrubbery screen.
(U) Residential marina. This type of use may be permitted in districts designated in the Table of Permitted Uses, provided:
(1) A buffer shall be provided along all property lines abutting residential property;
(2) Night lighting by design and construction shall be contained on the site; and
(3) A site plan shall be submitted for review and approval.
(V) Residential support center. A residential support center may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of the districts and provided that:
(1) The structure shall have a minimum side yard of 20 feet and front yard of 50 feet, and;
(2) A paved driveway, with ingress and egress directly onto a public street, is constructed in such a manner as to provide entrance to exit from the property without backing onto the street right-of-way.
(W) Restaurant/catering. Restaurant/Catering may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of the district and provided:
(1) Restaurant seating shall be limited to 75 seats.
(3) A paved or otherwise improved driveway, with ingress and egress directly onto a public street, is constructed in such manner as to provide entrance to and exit from the property without backing onto the street right-of-way.
(4) Setback requirements. In addition to minimum setback dimensions specified in §§ 157.120 and 157.121, Table of Area, Yard and Height Requirements, there shall be no structure or parking within 25 feet of side or rear lot boundary lines.
(5) Night lighting by design and construction shall be contained on site.
(6) Proposed restaurant/catering structures located within 100 feet of a parcel used for residential purposes as its principal use or located within 100 feet of an adjacent residential zoning district shall provide a vegetated buffer to screen the commercial activity from the residential use.
(X) Sanitary landfill. A sanitary landfill may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of the district and provided that:
(1) No refuse shall be deposited within 100 feet of the nearest property line; and
(2) The operation of said fill shall be carried out in accordance with the requirements of the Department of Environment, Health, and Natural Resources.
(Y) Septage disposal. Septage disposal may be permitted in districts designated in the Table of Permitted Uses subject to the requirements of the district and provided:
(1) The operation and responsibility of said use shall be carried out in accordance with all standards and rules prescribed by the N. C. Department of Environment, Health, and Natural Resources and the County Health Department.
(Z) Sexually oriented business. A sexually oriented business may be permitted on parcels accessed by US 17 South and US 17 North (either by direct access, frontage road, or minor street) in districts designated in the Table of Permitted Uses, subject to the requirements of the districts and provided that:
(1) Structures in which sexually oriented businesses are located shall not be:
(a) Located within 1,320 feet of any building that occupies an existing sensitive use such as churches or other religious uses, educational facilities, child or adult daycare facilities, health care facilities, library, and recreational facilities. This is not intended to be an all inclusive list.
(b) Located within 1,320 feet of a residential zoning district.
(c) Located within 1,320 feet of an existing structure used for residential purposes.
(d) Located within 500 feet of an existing structure in which a sexually oriented business is located.
(e) Located within 500 feet of an existing structure in which a restaurant is the principal business.
(2) Measurements shall be made along the street right-of-way beginning at a point perpendicular to the nearest portion of the building or structure where a sexually oriented business is conducted or is proposed to be conducted to a point that is perpendicular to the nearest portion of an existing building or structure occupying a use listed in division (1) above or to a residential zoning district.
(3) Signs. One sign is permitted per sexually oriented business establishment and said sign shall conform to the following:
(a) Maximum size shall be four feet by four feet.
(b) Shall depict name of business and business hours only.
(c) No photographs, silhouettes, drawings or pictorial representations.
(d) No flashing or obtrusive lights.
(4) Sleeping quarters. No sexually-oriented business shall have sleeping quarters.
(5) Prohibition against youth. No person under the age of 18 years shall be permitted on the premises.
(6) Hours of operation. Except for adult motels, sexually oriented businesses shall be permitted to operate daily only between the hours of 11:00 a.m. through 2:00 a.m. Monday through Saturday.
(7) Setback requirements. In addition to the minimum setback dimensions specified in §§ 157.120 and 157.121, Table of Area, Yard, and Height Requirements, there shall be no structure or parking located within 25 feet of side yard lot boundary lines and within 30 feet of rear yard lot boundary lines.
(8) All parking areas and exterior entrance/exits shall be fully illuminated with night-lighting to deter criminal activities. Lighting shall be shielded so as not interfere with adjoining property owners or traffic traveling the public highways.
(9) Major special use permit required.
(a) It shall be unlawful for any person to operate a sexually oriented business without a special use permit issued by the Board of Commissioners.
(b) Application for a conditional use permit shall be submitted to the Zoning Administrator. Information shall be submitted to clearly indicate that items in divisions (1) through (8) listed above are being properly addressed. Specific information to be submitted shall include:
1. A map certified by a registered land surveyor in the State of North Carolina indicating sufficient information to verify that the proposed location for the sexually oriented business meets minimum requirements of item (1) listed above.
2. A site plan accurately drawn to a scale no larger than 1"=100' for the proposed location for the sexually oriented business shall be submitted to indicate that minimum building setbacks defined in §§ 157.120, 157.121 and item (Z)(7) above and parking requirements defined in §§ 157.150 through 157.159.
3. A scaled drawing of the sign that will be used for identifying the sexually oriented business.
4. A statement defining the type of sexually oriented business for which the conditional use permit application is submitted. The statement shall include a description of the product and/or services to be provided.
(AA) Solar farms. Solar farms are permitted in districts as designated in the Table of Permitted Uses, subject to the following requirements:
(1) No solar farm shall exceed a maximum of 1,500 acres. The size of a solar farm shall be calculated based on the parcel size(s) where the development is located.
(2) Solar farms shall observe a minimum separation of one mile from any other solar farm that has received a use permit approval. This separation shall be measured from the closest points of the property lines where solar farms are located and proposed.
(3) Structures shall not exceed 25 feet in height, as measured from grade at the base of the structure to its highest point;
(4) All structures and security fencing shall meet the following setbacks:
(a) One hundred fifty feet front property line setback;
(b) Fifty feet side and rear property line setback;
(c) One hundred fifty feet setback from adjacent residential property lines or residential zoning districts;
(d) One hundred feet minimum setback from adjacent water bodies, wetlands, or any other additional setback required by the Army Corps of Engineers or CAMA;
(e) One-half mile setback from Highway 17, Future I-87 and Halstead Boulevard Extended.
(5) All exterior sides of the security fence shall be screened with a landscape buffer that meets one of the following criteria:
(a) Existing on-site mature vegetation at a minimum height of ten feet and depth of 50 feet remains between the security fence and adjacent property including rights-of-way; or
(b) A single row of evergreens in combination with mature vegetation, installed at a height of five feet achieving opaqueness and a minimum height of 10 feet in five years; or
(c) A double row of off-set evergreens absent existing mature vegetation, installed at a height of five feet achieving opaqueness and a minimum height of ten feet in five years; or
(d) A berm combined with evergreen vegetation installed at a height of five feet achieving opaqueness and a minimum height of ten feet in five years.
(6) Solar farms shall be developed in accordance with an approved site plan that includes the following information:
(a) The location of the solar farm facility (including the arrangement of any existing or proposed buildings, structures, or panels);
(b) The distance from any proposed solar farm facility or structure to the surrounding property lines;
(c) Any existing or proposed signs, fencing, lighting, construction and permanent parking areas, driveways, landscaping, vegetative screening or required buffers. All parking must be located outside of the state right-of-way;
(d) Horizontal and vertical (elevation) to-scale drawings with dimensions of proposed solar collector structures.
(7) Solar energy components must have a UL listing and must be designed with anti-reflective coating(s).
(8) Landscape buffers, ground cover, security fences, gates, and signage must be maintained in good condition until the solar farm is dismantled and removed from the site. Grass, weeds, and other ground cover must not exceed 12 inches in height at any time.
(9) An engineered drainage plan meeting the minimum requirements of the Pasquotank County Stormwater Design Manual shall be required with the submittal of the major special use permit application. solar farms are required to be constructed according to their approved drainage plan.
(10) Decommissioning.
(a) A decommissioning plan shall be required as part of the major special use permit application. this plan shall be prepared by a third party engineer and must be signed off by the party responsible for decommissioning and all landowners of property included in the project. The following items are required to be addressed or included in the decommissioning plan:
1. A description of any agreement (e.g. lease) with all landowners regarding decommissioning;
2. The identification of the party currently responsible for decommissioning;
3. The type of panels and material specifications being utilized at the site;
4. All costs for the removal of solar panels, buildings, cabling, electrical components, roads, fencing, and any other associated facilities down to 36 inches below grade;
5. All costs associated with the grading and re-seeding of disturbed earth from the project.
(b) Prior to the issuance of the building permit, the decommissioning plan shall be recorded by the applicant in the Pasquotank County Registry of Deeds.
(c) The decommissioning plan and estimated cost of removal shall be updated every five years or upon change of ownership of either the property or the project's owner. Any changes or updates to the plan shall be recorded in the County's Registry of Deeds.
(d) The owner of the solar farm shall provide a bond, cash escrow, or irrevocable letter of credit in favor of the county in an amount equal to one and a quarter times the estimated decommissioning cost. Should the solar farm owner elect to use a letter of credit, it shall be issued by a federally chartered bank with a branch office in northeastern North Carolina in favor of Pasquotank County. The institution issuing the guarantee shall provide to the county a notice no less than 90 days in advance of any renewal, cancellation, termination, or expiration of the guarantee. The bond or letter of credit shall remain in full force and effect until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the major special use permit.
(e) Solar farms shall have 12 months to complete decommissioning of the facility if no electricity is generated for a continuous period of 12 months. For purposes of this section, this 12 month period shall not include delay resulting from force majeure.
(f) The decommissioning bond shall be drawn and paid for an amount equal to the estimated removal costs of the solar facility in the event the responsible party fails to decommission the solar facility pursuant to the requirements of this section and the major special use permit.
(BB) Temporary field office/storage unit. A temporary field office/storage unit may be permitted in districts designated in the Table of Permitted Uses, subject to the requirements of the district and provided:
(1) Residential subdivision must consist of a minimum ten lots;
(2) No more than one unit per ten lots will be permitted;
(3) Location for each unit(s) shall be located within the subdivision so that it is aesthetically pleasing for both the development and all lots within the subdivision and the adjoining properties. Unit(s) shall not be located on residential lots that adjoin a state maintained road;
(4) Duration for special use permit will be one year. The applicant may reapply for the special use permit to be extended in increments of no more than one year. Applications for extensions must be submitted prior to expiration date of the special use permit; and
(5) Unit(s) must be anchored in accordance with the manufacturer's specifications and inspected by the County Building Inspector. Henceforth, a building permit must be obtained for each unit before it is placed onsite.
(CC) Wind energy facilities. Wind energy facilities may be permitted in districts as designated in the Table of Permitted Uses, subject to the following requirements:
(1) Permit applications for a wind energy facility shall contain the following:
(a) A narrative describing the wind energy facility, including an overview of the project;
(b) The proposed total rated capacity of the wind energy facility;
(c) The specific number, representative types and height or range of heights of wind turbines to be constructed; including their rated capacity, dimensions and respective manufacturers,
and a description of ancillary facilities;
(d) Identification and location of the properties on which the proposed wind energy facility will be located;
(e) A site plan showing the planned location of all wind turbines, property lines, setback lines, access roads and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, building(s), transmission and distribution lines. The site plan must also include the location of all structures and property lines, demonstrating compliance with all applicable setbacks;
(f) Any environmental assessment required by the state or federal law;
(g) Other relevant information as may be requested by Pasquotank County, including but not limited to a shadow flicker analysis, to ensure compliance with the requirements of this chapter;
(h) Decommissioning plans that describe the anticipated life of the wind power project, the estimated decommissioning costs in current dollars, the method for ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the wind power project will be decommissioned and the site restored;
(i) Documentation of agreement between participating landowner(s) and the applicant; and
(j) Signature of the applicant.
(2) Throughout the permit process, the applicant shall promptly notify Pasquotank County of any proposed changes to the information contained in the permit application that would materially alter the impact of the project.
(3) Changes to the approved application that do not materially alter the initial site plan may be administratively approved by the Pasquotank Planning Department.
(4) A temporary anemometer or meteorological tower, for the purpose of gathering data on wind speeds and directions, may be installed with the issuance of a zoning permit and must be setback from all property lines at a distance equal to one linear foot for every foot of height. Zoning permits shall be valid for a period of one year and may be renewable in the event that more data is needed to determine the viability of a wind energy project. Prior to the issuance of a building permit for an anemometer or meteorological tower, a decommissioning bond or letter of credit shall be required in an amount equal to the estimated removal cost of the structure.
(5) Setbacks shall be calculated by multiplying the required setback number by the wind turbine height and measured from the center of the wind turbine base to the property line, nearest point on a public road right-of-way, or nearest point on the foundation of a dwelling or occupied building.
(6) Setback requirements from occupied buildings and property lines may be waived by adjacent property owners so long as such waiver is in provided in writing, signed by the property owner and recorded in the Pasquotank Register of Deeds office.
Facility Type | Minimum Lot Size | Minimum Setback Requirements | Maximum Height | |||
Occupied Buildings* (Participating Property) | Occupied Buildings* (Non- Participating Property) | Property Lines (Non- Participating Property) | Public Roads | |||
Small Facility | 0.0 | 1.5 | 1.0 | 1.5 | 120 feet | |
Medium Facility | 5 acres | 1.1 | 2.0 | 1.5 | 1.5 | 250 feet |
Large Facility | 25 acres | 1.1 | 2.5 | 1.5 | 1.5 | 600 feet |
* For the purposes of this Section, farm or accessory structures shall not be considered as occupied buildings.
(7) Sound and shadow flicker.
(a) Audible sound from a wind energy facility shall not exceed 55 dBA, as measured at any occupied building on the property of a non-participating landowner.
(b) Shadow flicker at any occupied building on a non-participating landowner's property caused by a large wind energy facility must not exceed 30 hours per year.
(c) Sound and/or shadow flicker provisions may be waived by a property owner so long as such waiver is in writing, signed by the property owner and recorded in the Pasquotank County Register of Deeds office.
(8) Installation and design.
(a) The installation and design of the wind energy facility shall conform to the applicable industry standards, including those of the American National Standards Institute, and take into consideration of local conditions.
(b) All structural, electrical and mechanical components of the wind energy facility shall conform to relevant and applicable local, state, and national codes.
(c) The visual appearance of a wind turbine shall at a minimum:
1. Be a non-obtrusive color such as white, off-white or gray;
2. Not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety; and
3. Not display advertising (including flags, streamers or decorative items), except for identification of the wind turbine manufacturer, facility owner and operator.
(9) Decommissioning.
(a) The wind energy facility owner shall have 12 months to complete decommissioning of the wind energy facility if no electricity is generated for a continuous period of 12 months. This period may be extended by the Pasquotank County Board of Commissioners, if evidence is provided that the delay is due to circumstances beyond the facility owner/operator's reasonable control.
(b) Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, and any other associated facilities down to 36 inches below grade.
(c) Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas are not to be restored.
(d) Prior to the issuance of a building permit, the owner of a large wind energy farm shall provide a bond or irrevocable letter of credit in favor of the county in an amount equal to the estimated removal cost of the wind energy farm, less the salvage value of the equipment prior to construction. If the wind farm owner elects to use a letter of credit, it shall be issued by a federally chartered bank with a branch office in northeastern North Carolina. The bond or letter of credit shall remain in full force and effect until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the use permit.
(DD) Wireless communication towers and facilities. Wireless communication towers and facilities are allowed in accordance with Section 7.01. Table of Permitted Uses and with the requirements listed below. The removal or replacement of transmission equipment on an existing wireless communication tower that does not result in a substantial modification of the wireless facility and/or ordinary maintenance of existing wireless facilities shall be permitted by right. These regulations shall not apply to noncommercial amateur/ham radio towers.
(1) Towers and antennas shall be required to maintain a setback from all property lines a distance equal to 50% of the height of the tower. Towers shall be setback from existing structures and public rights-of-way a distance equal to the height of the tower and antenna(s) plus 10%. Guy wires and utility buildings shall conform to the principal structure setback provisions within §§ 157.120 and 157.121, Table of Area, Yard and Height Requirements.
(2) Performance security. The applicant and the owner of record of any proposed wireless telecommunications facilities property site shall, at its cost and expense, be jointly required to execute and file with the county a bond, or other form of security acceptable to the county as to type of security and the form and manner of execution, in an amount set forth in the commissioners fee schedule, and with such sureties as are deemed sufficient by the county to assure the faithful performance of the terms and conditions of this chapter. The full amount of the bond or security shall remain in full force and effect until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original zoning permit.
(3) Abandoned or unused towers.
(a) Abandoned or unused towers and antennas located on land owned or leased by the utility owner shall be removed by the utility owner within 365 days of cessation of operations;
(b) If the tower/antenna is not removed within the required 365 days of cessation of operations, the county will attempt to contact the utility owner and order the removal of the tower/antenna within 60 days of receipt of the notice. If the county is not successful in contacting the utility owner, the county will notify the landowner that the tower/antenna must be removed within 60 days of receipt of the notice; and
(c) Upon successful notification to either the utility owner or the landowner and failure to remove the tower/antenna as ordered, the county may remove the tower/antenna and tax the costs of removal to the landowner or place a lien upon the property for the costs of removal if such cost is above the amount of the performance security.
(4) Towers and antennas proposed for local business internal communication purposes only shall be exempt from the one mile search radius required.
(5) Antennas placed on existing structures shall be considered accessory uses that are permitted by right subject to a zoning permit provided they are no higher than 20 feet above the structure to which they are attached and a qualified and licensed engineer certifies the existing structure can suitably accept the antenna. No additional setbacks shall be required for antennas placed on existing structures, excluding existing towers. Antennas that are placed on existing towers cannot be placed above that which exists unless required setbacks can be met.
(6) No new or existing tower and antenna service shall interfere with public safety telecommunications. Further, where it can be shown that telecommunication service interferes with reception received by surrounding properties, the permit holder shall be responsible for taking reasonable steps to eliminate that interference in accordance with Federal Communications Commission regulations.
(7) Prior to obtaining a building permit, the applicant shall submit proof of compliance with Federal Aviation Administration and Federal Communications Commission regulations and any other documentation to demonstrate compliance with state building code regulations.
(8) Every tower, affixed to the ground, and guy wires shall be protected to discourage climbing by unauthorized persons. The base of the tower along with any individual guy wires shall be enclosed by a commercial grade chain link fence (or some other fence of equal or greater quality) a minimum of eight feet in height, and in addition to, shall include a minimum of two strands of barbed-wire and/or razor wire affixed to the top of the fence.
(9) The permit, when issued, shall include a condition that the accumulative electromagnetic radiation levels maintain compliance with requirements of the Federal Communications Commission (FCC), regarding emission of electromagnetic radiation. The tower or antenna owner shall provide documentation of accumulative emission levels to FCC standards.
(10) When deemed appropriate to minimize the potential impact on surrounding properties, landscaping may be required around the tower, antenna, guy wires, and associated buildings. In addition, the following shall be required:
(a) Existing mature tree growth and natural vegetation on the site shall be preserved to the extent feasible; provided however, that vegetation that causes interference with the antennas or inhibits access to the equipment facility may be trimmed or removed;
(b) Grading for the new tower or antenna shall be minimized and limited only to the area necessary for the new facility.
(11) All telecommunication facilities and accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and /or to harmonize with the natural surroundings, this shall include the utilization of stealth technology.
(12) Wireless communication towers may not be illuminated or marked except as required by the Federal Aviation Administration (FAA).
(13) Towers and antennas shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature, except for a small message containing provider identification and emergency telephone numbers and such other information as may be required by local, state or federal regulations governing tower and antenna facilities.
(14) No unusual sound emissions such as alarms, bells, buzzers or the like are permitted.
(15) Shared facilities and collocation.
(a) All new tower and antenna facilities (other than those proposed for local business utilization) shall be engineered, designed and constructed to be capable of sharing the facility with other applicants, to collocate with other existing tower and antenna facilities and to accommodate the future collocation of other tower and antenna facilities. A permit for a tower shall not being issued until the applicant proposing a new tower and antenna facility shall demonstrate that it has made a reasonable good faith attempt to locate its antenna facility on an existing structure. Competitive conflict and financial burden alone are not deemed to be adequate reasons against collocation.
(b) All towers and antenna facilities (other than those proposed for local business utilization) with a support structure up to a height of 150 feet shall be engineered and constructed to accommodate at least three antenna arrays. All towers and antenna facilities with support structures 150 feet or greater in height shall be engineered and constructed to accommodate at least four antenna arrays.
(c) Collocation agreements. All applicants for towers and antenna facilities (other than those proposed for local business utilization) are required to submit a statement with the application for a zoning permit agreeing to allow and reasonably market collocation opportunities to other tower and antenna facility users. The statement shall include the applicant's policy regarding collocation of other providers and the methodology to be used by the applicant in determining reasonable rates to be charged other providers.
(16) A proposal for a new wireless communication tower shall not be approved unless the equipment planned for the proposed tower cannot be accommodated on existing or approved towers, buildings or alternative structures within a one-mile search radius of the proposed wireless communications facility due to one or more of the following reasons:
(a) The planned equipment would exceed the structural capacity of the existing or approved tower, building or structures, as documented by a qualified and licensed North Carolina professional engineer, and the existing or approved tower, building or structure cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost.
(b) The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower, building or other structure as documented by a qualified and licensed North Carolina professional engineer and the interference cannot be prevented at a reasonable cost.
(c) Existing or approved towers, buildings or other structures within the search radius, or combinations thereof, cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed North Carolina professional engineer.
(d) Other unforeseen reasons that make it infeasible to locate the planned telecommunication equipment upon an existing or approved tower, building or other structure.
(17) All applications for wireless communications towers shall include the following:
(a) The name, address, and telephone number of the owner and lessee of the parcel of land upon which the tower is proposed to be situated. If the applicant is not the owner of the parcel of land upon which the tower is proposed, the written consent of the owner shall be evidenced in the application.
(b) The legal description, parcel identification number, and address of the parcel of land upon which the tower is proposed to be situated.
(c) The names, addresses, and telephone numbers of all owners of other towers or usable antenna support structures within a one mile radius of the proposed new tower site, including county-owned property.
(d) A site plan that must be signed and sealed by a qualified and licensed North Carolina professional engineer. All plans shall include a certification that the tower is designed to be structurally sound and in conformance with the state building code, and any other standards outlined in this chapter.
(e) Color, photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property and from adjacent roadways.
(f) A copy of the Federal Communications Commission license applicable for the intended use of the structure.
(g) Certification from the Federal Aviation Administration that the proposed wireless communication facility will not propose a hazard to air navigation.
(Ord. passed 6-21-2021)