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Where permitted by this chapter, bed and breakfast establishments shall meet the following requirements:
(A) Dwelling cannot provide more than three bedrooms for overnight guests.
(B) One parking space per guest room must be provided off the street in addition to two off street parking spaces for the principal occupants. The parking area must not encroach beyond the side, and rear setback lines of the zoning district.
(C) Bed and breakfast establishments located within a residential zoning district shall be permitted a maximum sign surface area of 32 square feet. Said signs shall also not exceed a height of ten feet.
(D) No pulsating, flashing, oscillating or other types of attention getting devices shall be permitted.
(E) No outdoor activities other than those associated with the normal activities of a single-family home are permitted.
(F) The use must annually meet the health standards of the state and county government and proof will be presented to the Zoning Administrator.
(G) The dwelling must be the primary residence of the owner.
(H) A buffer of vegetation which will grow to a height of four feet must surround the parking area on three sides.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
Private horse stables shall be permitted in the A-5 and R-20 Zoning Districts. Public horse stables shall be permitted by special use in the A-5 and R-20 Zoning Districts.
(B) Both private and public horse stables shall meet the following minimum requirements.
(1) Storage areas for manure, feed and tack supplies shall be provided for each stable according to the following schedule:
1 to 3 horses | 500 square feet |
4 to 8 horses | 1,000 square feet |
9 to 12 horses | 2,000 square feet |
13 to 16 horses | 3,000 square feet |
17 to 20 horses | 4,000 square feet |
21 plus horses | 6,000 square feet |
(2)
The storage areas for manure shall be maintained away from the stalls and enclosed pasture area.
(3) A minimum stall size of 120 square feet must be provided for each horse on site.
(4) The minimum area requirements for both private and public stables are as follows.
(a) The minimum lot size is two acres.
(b) The minimum pasture area is two acres for one to seven horses and an additional 1.25 acres for each horse after seven.
(c) The minimum setbacks for pasture areas are 100 feet from dwellings and 20 feet from property lines.
(d) Stalls shall be at least 200 feet from dwellings and 50 feet from property lines.
(e) Manure and feed storage shall be at least 400 feet from dwellings and 100 feet from property lines.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined below shall have the meaning set forth when used in this section. If a word or phrase used in this section is not defined by this section or elsewhere in this chapter, to the extent such word or phrase is defined in G.S. Ch. 160D, that definition shall control.
(B) Manufactured home. A structure as defined in G.S. § 143-145(7).
(1) Manufactured home, Class A.
(a) A manufactured home that:
1. Is not constructed in accordance with the requirements of the State Uniform Residential Building Code as amended;
2. Is composed of two or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site;
3. Meets or exceeds the construction standards of the U.S. Department of Housing and Urban Development; and
4. Conforms to the following appearance criteria:
a. The manufactured home has a minimum width, as assembled on the site, of 20 feet;
b. The pitch of the manufactured home's roof has a minimum nominal vertical rise of three inches for each 12 inches of horizontal run and the roof is finished with asphalt or fiberglass shingles;
c. A continuous, permanent masonry curtain wall, unpierced except for required ventilation and access, is installed under the manufactured home;
d. The primary entrance has a landing which is no smaller than three feet by three feet in size; and
e. The tongue, axles, transporting lights and towing apparatus are removed after placement on the lot and before occupancy.
(b) Class A manufactured homes are allowed as a permitted use in manufactured home parks and the A-5, R-6 and RM-6 Zoning Districts. Please refer to the Table of Uses for a complete listing of permitted locations.
(2) Manufactured home, Class B. A manufactured home constructed after 7-1-1996 that meets or exceeds the construction standards by the U.S. Department of Housing and Urban Development and which is at least 14 feet wide but less than 20 feet wide. A Class B may not satisfy all the criteria necessary to qualify as a Class A manufactured home, but a Class B manufactured home must have a continuous, permanent masonry curtain wall, unpierced except for required ventilation and access. Class B manufactured homes are only permitted in manufactured home parks and the A-5 and RM-6 Zoning Districts.
(3) Manufactured home, Class C. Any manufactured home that is less than 14 feet wide or does not meet the definition of a modular home or a travel trailer. Class C manufactured homes are not allowed in any zoning district for any use.
(4) Manufactured home park. A residential use in which three or more Class A or B manufactured homes are located on a single lot or tract. See § 153.114 for specific provisions related to manufactured home parks. Manufactured home parks are only permitted, by special use permit, in the A-5 Zoning Districts.
(5) Modular home. A dwelling unit constructed in accordance with the standards set forth in the State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Modular homes are allowed in all zoning districts, except I-2.
(6) Travel trailer. A small house trailer on wheels, usually drawn by a passenger automobile or small truck, which is equipped for temporary use as a dwelling while traveling and meant for short-term occupancy and which may also be moved on short notice.
(B) Unless hereinabove authorized, or hereinbelow authorized, it shall be unlawful for any person to place or maintain any Class A or Class B manufactured home used for living, sleeping, business or utility purposes on any premises in the town's zoning jurisdiction, other than in a manufactured home park duly permitted by this chapter and maintained pursuant to the provisions of this section, except:
(1) That one travel trailer not to exceed 30 feet in length may be parked or stored in the rear yard of any lot; provided that, no living quarters shall be maintained, nor any business conducted therein while such trailer is so parked or stored;
(2) That manufactured homes may be parked in manufactured home sales lots for the purpose of inspection or sale within a district in which such use is permitted; provided that, no living quarters or offices shall be maintained in any of the manufactured homes so parked;
(3) That manufactured homes used in connection with and by owners and/or employees of circuses, fairs, carnivals, duly authorized by the town and complying with the requirements of this chapter may be permitted by a special 14-day permit issued by the Zoning Administrator. Such manufactured homes, if they are located on the same lot as the circus, or carnival, or fair, may be used temporarily for living quarters of the owners and/or employees of the circuses, fairs or carnivals. If such manufactured homes are not located on the same lot, then they must be located in a manufactured home park;
(4) Notwithstanding any other provision of this chapter, a Class A or Class B manufactured home, as defined in this chapter, and in G.S. § 160D-910, the standards established therein, and otherwise, by state law and regulations, may be placed and maintained upon a lot in accordance with the Table of Permissible Uses, found in § 153.080, for use as a single-family dwelling, under the same terms and conditions as if it were a house being constructed thereon, subject to the following conditions:
(a) The installation and set-up shall comply with State Building Code;
(b) The primary entrance, defined as an entrance leading to a living room, foyer, vestibule, kitchen or other common area, shall face on a public improved street;
(c) No manufactured home shall be used solely for storage purposes;
(d) No owner or manufactured home dealer may deliver, or cause anyone, including his, her or its set-up contractor to deliver, a manufactured home to a site within the planning jurisdiction of the town until the manufactured home dealer, or the set-up contractor, shall have in hand all zoning/building permits required by the land use ordinance to enable the manufactured home to be legally located on the proposed site. No manufactured home shall be located in the town's planning jurisdiction as herein provided until a building permit shall have been issued by the Planning and Inspections Department of the town. The building permit shall authorize:
1. The location of said manufactured home on the proposed site;
2. The installation of the required masonry piers;
3. The installation of appropriate skirting; and
4. The construction of the specific stairs, porches, entrance platforms, ramps or other means of entrance and exit required by this chapter.
(e) No such building permit shall be issued for the location of a manufactured home, as hereinabove permitted, until the Planning and Inspections Department shall have received a written commitment from the owner of the premises and from the applicant for the building permit (if different), in a manner and form satisfactory to the Town Attorney, that he, she or they will cause said manufactured home to be set up as required herein within 30 days on the subject premises on penalty of being required to remove the said manufactured home from the premises within 48 hours if the required setup shall not be accomplished. Further, no building permit shall be issued for the location of a manufactured home, as hereinabove permitted, until the Planning and Inspections Department shall have received a written commitment from the owner of the premises or the applicant (if different), in manner and form satisfactory to the Town Attorney, that he, she or they will remove the piers and curtain walls from the premises within 30 days of removal of the manufactured home from said lot, should said manufactured home not be replaced by another within said period.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
In districts in which this chapter provides for manufactured home parks, they shall be permitted; provided that, the following occurs before the Zoning Administrator issues a permit for the construction of the park. The Zoning Administrator shall certify the authenticity of each approval before the permit is issued and shall keep copies of the manufactured home park plan and certified approvals as a record.
(B) Plans for the proposed manufactured home park shall be submitted to and approved by the:
(1) County Health Department (if required);
(2) Zoning Administrator; and
(3) Town Planning and Zoning Board.
(C) Manufactured home parks shall be located on a well-drained site which shall be properly graded to ensure rapid drainage and freedom from stagnant pools of water.
(E) The number of manufactured homes in the manufactured home park shall not exceed the density of six units per gross acre of land contained within the park.
(F) The minimum land area of any manufactured home space shall be 3,500 square feet.
(G) Each manufactured home space must be at least 40 feet wide.
(H) No manufactured home, nor appurtenance thereto, shall occupy land within ten feet of the boundary of the manufactured home space to which it is assigned. No permanent addition shall be constructed to any manufactured home.
(I) No manufactured home space shall be within 50 feet of any public street right-of-way, nor 30 feet of any property line.
(J) No manufactured home shall have direct access to a public street, but shall abut upon and have access to a private drive, built to State DOT standards, with a width of not less than 20 feet, which shall have unobstructed access to a public right-of-way.
(K) Automobile parking shall not be permitted, except in the areas specified. One and one-half off-street and off-drive parking spaces shall be provided for each manufactured home the park is designed to accommodate. In locating the parking spaces, consideration shall be given to vehicular and pedestrian safety and convenience of park residents. In no instance shall there be more than one parking space permitted on any manufactured home space.
(L) Each manufactured home park shall provide the following minimum facilities on the site for the common use of all manufactured home occupants:
(1) Refuse collection as provided by local government with jurisdiction;
(2) Approved water and sewer connections must be available at each manufactured home space. Manufactured homes shall be connected to the water and sewer lines;
(3) Electrical connections (110-220 volts) shall be provided for each manufactured home space. Service connections to each manufactured home space shall be made in accordance with the National Electrical Code;
(4) All driveways and walkways within the park shall be lighted at night with electric lamps of not less than 200 watts each, spaced at intervals of not more than 100 feet or equivalent lighting; and
(5) Adequate and suitable recreation facilities shall be developed within the park consisting of at least 400 square feet of recreation area for each manufactured home space in the park. Safety, convenience of the park residents, presence of existing vegetation and good drainage are among the features that shall be considered in locating the recreational areas.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
A building permit is required when installing, moving or substantially constructing or reconstructing a dish antenna over four feet in diameter.
(B) A dish antenna must be installed in compliance with the manufacturer's specifications at a minimum.
(C) In all residential districts dish antennas which exceed four feet in diameter must be permanently installed on the ground in the rear yard, and shall not exceed 12 feet in diameter.
(D) In business and industrial districts, dish antennas may either be installed on the ground or on the roof of the building. If installed on the roof, the dish shall not be larger than 12 feet in diameter, shall not project higher than ten feet above the maximum building height of the zoning district or more than one-third the actual height above the roof, whichever is less, shall be set back from the front and sides of the building at least 18 feet and shall not be used for any advertising purposes. A dish antenna may be installed on the top of another part of the building which is lower than the roof, and such as a balcony or parking deck only if such location is at the rear or side of the building and all other requirements are met.
(E) Digital dish antenna 24 inches in diameter or less may be attached to the principal building in any residential district.
(F) A dish antenna may be attached to an accessory building which is permanently secured to the ground, but may not be attached to the principal building, except as provided in division (D) above.
(G) If a dish antenna is repainted, the only permissible colors are the original color used by the manufacturer, off-white, pastel beige, grey or pastel grey-green. The paint must have a dull (non-glossy) finish and no patterns, lettering or numerals shall be permitted on either side of the dish surface.
(H) No dish antenna shall be installed in any public right-of-way or in any drainage or utility easement.
(I) A dish antenna shall be installed in the rear yard only in all districts, except as provided for in division (J) below.
(J) In business and industrial districts, a dealer selling dish antennas may have a maximum of one such antenna installed in the front or side yard for display purposes providing all other requirements are met. If a dealer displays a dish antenna in a front or side yard, his or her permissible sign area shall be reduced by one-half. In residential districts, a digital dish antenna 24 inches or less in diameter may be placed in the front yard only if such placement is necessary to acquire a sufficient satellite signal.
(K) The minimum required setback for dish antennas, from the side lot line, shall be the same as the principal building setback. On corner lots, on the side abutting the street, the minimum required setback shall be the same as the required front yard setback.
(L) The minimum require setback for dish antennas, from the rear lot line, shall be six feet or the same as accessory buildings, whichever is greater, but in no case shall any part of the antenna come closer than one foot to the property line.
(M) In districts where there are no side or rear yard requirements, a minimum setback of six feet from the side and rear lot lines shall be required of dish antennas, but in no case shall any part of the antenna come closer than one foot to the property line.
(N) In all cases no dish antenna shall be located within 15 feet of any street right-of-way.
(O) In all residential districts the maximum height of dish antennas shall be 15 feet or the height of the principal building, whichever is less.
(P) In business and industrial districts, the maximum height of dish antennas installed on the ground shall be 20 feet. Dish antennas mounted on the roof of a building shall not project higher than ten feet above the maximum building height of the district or more than one-third the actual building height above the ground, whichever is less.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
Condominiums established in accordance with the provisions of G.S. Ch. 47C may be erected in the town's planning jurisdiction within any residential zoning classification so long as the use to be made of each individual unit in a particular condominium is permitted within that zoning classification in which the site lies.
(B) Although condominium ownership does not involve ownership in fee simple of any portion of the land on which the condominium is located, area and dimensional requirements, including front, rear and side yards, if any are required by the zoning classification in which the site lies, shall apply. The development shall be platted so that it might be determined by the Zoning Administrator whether the structure housing one or more condominium units complies with the area and other dimensional requirements of the particular zoning classification in which the site lies.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
Notwithstanding any other provision of this chapter, the individual dwelling units of two-family and multi-family units which are, or have been, constructed in compliance with the terms of this chapter, which qualify as townhouses as the same are defined in this chapter, or the individual business, office, institutional or commercial units which are, or have been, constructed in compliance with the terms of this chapter and the state building code which qualify as townhouses, as the same are defined in this chapter, may be conveyed as separate units so that the same might be individually owned. Each such conveyance shall consist of the unit, including the portion of the lot on which it is constructed, and a portion of the lot which lies between the unit and the front and back line of the lot on which the townhouses are constructed. In the case of end units, the conveyance shall include the remainder of said lot to the side lot line. There shall be no further division of such townhouse lots by conveyance of a portion of same, or otherwise, and no additional construction shall be permitted on any lot, which, had it (conveyance or construction) occurred prior to division into townhouses, would have caused the structure of which said townhouse is a part to be a violation of the dimensional requirements of this chapter; provided, however, nothing herein contained shall obviate the requirements that the subdivision of land as defined in the subdivision regulations, be submitted to the town for approval as set forth in this chapter; provided further, however, the division of a tract in single ownership, whose entire area is no greater than two acres, into not more than three lots, where no street right- of-way dedication is involved, and where the resultant lots are equal to or exceed the standards of the town, shall not constitute the subdivision of land, and such division into not more than three lots for the purpose of conveying townhouses, as herein permitted, shall constitute compliance with the provisions of this chapter.
(B) The dimensional requirements, if any, including area, front, side and rear yard, shall be determined by the zoning classification applicable to the particular site. Said dimensional requirements shall be applied to the overall structure, as opposed to the individual townhouse units, as if the individual units were going to be owner-occupied or rented, as opposed to being sold as townhouses.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
Studies have shown that lowered property values and increased crime rates tend to accompany and are brought about by the concentration of adult establishments as defined herein. Regulation of these uses is necessary to ensure that these effects do not contribute to the blighting of surrounding neighborhoods and to protect the integrity of the town's schools, churches, childcare centers, parks and playgrounds which are typically areas in which juveniles congregate. It is the intent of this provision to establish reasonable regulations to prevent a concentration of adult establishments within the town and to separate adult establishments from those sensitive uses listed below.
(B) Adult establishments shall include an adult bookstore, adult motion picture theater, adult mini motion picture theater, adult live entertainment business, massage business as they are defined in G.S. § 14-202.10 and any establishment meeting the definition of "sexually oriented business" as defined in G.S. § 160D-902(f). These definitions shall be construed consistent with G.S. §§ 14-202.10 et seq., but shall not include art studios which use nude models for the purpose of drawing, painting or sculpting.
(C) (1) No adult establishment shall be located in the following areas:
(a) Within a minimum distance of 1,000 feet from any residentially-zoned district;
(b) Within a minimum distance of 2,500 feet from any child day care center, park, playground, public or private school, and/or church; and
(c) Within a minimum distance of 1,000 feet from any other adult establishment.
(2) All measurements shall be made by drawing a straight line from the nearest point of the lot line where the proposed adult establishment is to be located to the nearest point of the lot line or boundary of the closest residentially zoned district, adult establishment, child day care center, park, playground, public or private school and/or church.
(D) This chapter does not conflict with state laws regulating pornographic materials and activities; but, rather, it regulates the locations of adult establishments whose materials or activities are legal.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A) Where allowed. Telecommunications towers, when located on privately-owned property are permitted by special use permit in A-5, I-1 and I-2 Districts. Telecommunications towers are permitted by zoning permit in the C-3 District. Collocation of telecommunication equipment on existing facilities and structures is permitted by zoning permit.
(B) Submission requirements. Applications for special use permits and zoning permits for a telecommunications tower and facilities shall include:
(1) The names, addresses and telephone numbers 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 to be situated, the written consent of the owner shall be evidenced in the application.
(2) The legal description, property tax parcel identification number and address of the parcel of land upon which the tower is proposed to be situated.
(3) Inability to collocate. The applicant must provide evidence of an inability to collocate on existing towers or usable antenna support structures within the applicant's search ring. The applicant's search ring is the area in which the telecommunication facility must be located in order for the applicant's equipment to function as intended. The applicant must submit the following information in support of its assertion of an inability to collocate:
(a) A map of the applicant's search ring;
(b) The names, addresses and telephone numbers of all owners of other towers or usable antenna support structures within the applicant's search ring, including town owned property;
(c) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or collocate the applicant's telecommunications facilities on existing towers (government or privately-owned) with sufficient capacity for applicant's equipment or usable (having sufficient capacity for applicant's equipment) antenna support structures within the applicant's search ring; and
(d) Written technical evidence from an engineer(s) that the proposed tower or telecommunication facilities cannot be installed or collocated on another tower or usable antenna support structure located within the applicant's search ring.
(4) A description of the design plan proposed by the applicant. The applicant must identify the utilization of the most recent technological design as part of the design plan.
(5) A written statement from an engineer(s) that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television or other communications services enjoyed by surrounding properties.
(6) Written, technical evidence from an engineer(s) that the proposed structure meets the standards set forth in division (E) below.
(7) Written, technical evidence from a qualified individual(s) reasonably acceptable to the fire chief and the Zoning Administrator that the proposed site of the tower or telecommunications facilities does not pose an undue risk of explosion, fire or other danger to life or property due to its proximity to volatile, flammable, explosive or hazardous materials such as LP gas, propane, gasoline, natural gas or corrosive or other dangerous chemicals.
(8) In order to assist the reviewing authority in evaluating visual impact, the applicant shall submit 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 streets.
(9) The Telecommunications Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the reviewing authority to condition or deny any permit for telecommunications facilities on the basis of RF impacts (whether mounted on towers or antenna support structures) which meet FCC standards. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards.
(10) The Zoning Administrator may require an applicant to supplement any information that the Zoning Administrator considers inadequate or that the applicant has failed to supply. The Zoning Administrator may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this division (B).
(C) Height. Towers shall be permitted to a height of 250 feet in accordance with division (P) below, criteria for site plan development modifications. Measurement of tower height for the purpose of determining compliance with all requirements of this section shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto which extend more than 20 feet over the top of the tower structure itself. Tower height shall be measured from the existing, undisturbed grade.
(D) Setbacks.
(1) All towers up to 100 feet in height shall be set back on all sides a distance equal to the underlying building setback requirement in the applicable zoning district. Towers in excess of 100 feet in height shall be set back one additional foot per each foot of tower height in excess of 100 feet.
(2) Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel of land on which it is located.
(3) Setback requirements may be modified for telecommunication facilities requiring a special use permit, as provided in division (P) below, when placement of a tower in a location, which will reduce the visual impact, can be accomplished. For example, adjacent to trees which may visually hide the tower.
(4) Setback requirements may be modified for telecommunication facilities requiring a zoning permit by the Zoning Administrator upon the applicant's submission of an engineer's fall zone letter certifying that the tower will not cross adjacent property lines or any public right-of-way in the event of tower failure.
(E) Structural requirements.
(1) No new tower shall be built, constructed or erected unless the tower is capable of supporting at least three operating telecommunications facilities comparable in weight, size and surface area to the telecommunications facilities installed by the applicant on the tower within six months of the completion of the tower construction.
(2) All towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the State Building Code and any other standards outlined in this chapter.
(F) Separation requirements. For the purpose of this section, the separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower. Tower separation distances from residentially-zoned lands shall be measured from the base of a tower to the closest point of residentially-zoned property. The minimum tower separation distances from residentially zoned land and from other towers shall be calculated and applied irrespective of town jurisdictional boundaries.
(1) Towers in excess of 200 feet in height shall be separated from all residentially zoned lands by a minimum of 200% of the height of the proposed tower.
(2) Towers less than 200 feet in height shall be separated from all residentially zoned lands by 200 feet.
(3) Proposed towers must meet the following minimum separation requirements from existing tower or towers which have received zoning approval, but are not yet constructed at the time a special use permit or zoning permit is granted pursuant to this section.
(a) Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice or guyed, by a minimum of 1,500 feet.
(b) Self-supporting lattice or guyed tower structures shall be separated from all other self-supporting or guyed towers by a minimum of 2,500 feet.
(c) Self-supporting lattice or guyed tower structures shall be separated from all monopole towers by a minimum of 1,500 feet.
(G) Illumination. Towers shall not be artificially lighted, except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of a tower, in cases where there are residential uses located within a distance which is 300% of the height of the tower from the tower and when required by federal law, dual mode lighting shall be requested from the FAA.
(H) Exterior finish. Towers not requiring FAA painting or marking shall have an exterior finish, which enhances compatibility with, adjacent land uses, as approved by the Zoning Administrator for a permitted use or the Board of Aldermen for a special use.
(I) Landscaping. All landscaping on a parcel of land containing towers, antenna support structures or telecommunications facilities shall be in accordance with §§ 153.285 through 153.290. The Board of Adjustment may require landscaping in excess of the requirements of §§ 153.285 through 153.290 in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing.
(J) Access/parking. A parcel of land upon which a tower is located must provide access to at least one maintained vehicular parking space on site.
(K) Design.
(1) All towers which must be approved as a special use shall be of stealth design or reasonably similar (i.e., designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles and trees). The term STEALTH does not necessarily exclude the use of un-camouflaged lattice, guyed or monopole tower designs.
(2) All towers in the C-3 zoning district must be of monopole design.
(L) Telecommunication facilities on antenna support structures. Any telecommunications facilities which are not attached to a tower may be permitted on any antenna support structure at least 50 feet tall, regardless of the zoning restrictions applicable to the zoning district where the structure is located. Telecommunications facilities are prohibited on all other structures. The owner of such structure shall, by written certification to the Zoning Administrator, establish the following at the time plans are submitted for a building permit:
(1) That the height from grade of the telecommunications facilities shall not exceed the height from grade of the antenna support structure by more than 20 feet;
(2) That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, if such facilities are appropriately screened from view through the use of panels, walls, fences or other screening techniques approved by the Board of Adjustment. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the primary roof but, which do not protrude more than 18 inches from the side of such an antenna support structure.
(M) Modification of towers. A tower existing prior to the effective date of this amendment may continue in existence as a non-conforming structure. Such non-conforming structures may be modified or demolished and rebuilt without complying with any of the additional requirements of this section, except for divisions (F) above and (N) and (O) below; provided:
(1) The tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six months of the completion of the modification or rebuild, additional telecommunications facilities comparable in weight, size and surface area to the discrete operating telecommunications facilities of any person currently installed on the tower;
(2) An application for a zoning permit is made to the Zoning Administrator who shall have the authority to issue a zoning permit without further approval. The grant of a zoning permit pursuant to this division (M) allowing the modification or demolition and rebuild of an existing non-conforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming;
(3) The height of the modified or rebuilt tower and telecommunications facilities attached thereto do not exceed the maximum height allowed under this section; and
(4) Except as provided in this division (M), a non-conforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than 180 days. This section shall not be interpreted to legalize any structure or use existing at the time the amendment authorizing this section is adopted which structure or use is in violation of the town's land use ordinance prior to enactment of the amendment authorizing this section.
(N) Certifications and inspections.
(1) All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the State Building Code and all other construction standards set forth by town, federal and state law. For new monopole towers, such certification shall be submitted with an application pursuant to division (B) above and every five years thereafter. For existing monopole towers, certification shall be submitted within 60 days of the effective date of this section and then every five years thereafter. For new lattice or guyed towers, such certification shall be submitted with an application pursuant to division (B) above and every two years thereafter. The tower owner may be required by the Zoning Administrator to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.
(2) The town or its agents shall have authority to enter on the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with the State Building Code and all other construction standards provided by town, federal and state law.
(3) The town reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner.
(O) Maintenance.
(1) Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.
(2) Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electric safety code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property.
(3) All towers, telecommunications facilities and antenna support structures shall at all times be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person.
(4) All maintenance or construction of towers, telecommunications facilities or antenna support structures shall be performed by insured certified or licensed maintenance and construction personnel.
(5) All towers shall maintain compliance with current RF emission standards of the FCC.
(6) In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the Zoning Administrator if its intent to discontinue use and the date when the use shall be discontinued.
(P) Criteria for site plan development modifications. Notwithstanding the tower requirements provided in this section, a modification to the requirements may be approved by the reviewing authority in accordance with the following.
(1) In addition to the requirement for a tower application, the application for modification shall include the following:
(a) A description of how the plan addresses any adverse impact that might occur as a result of approving the modification;
(b) A description of off-site or on-site factors which mitigate any adverse impacts that might occur as a result of the modification;
(c) A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties;
(d) For a modification of the setback requirement, the application shall identify all parcels of land where the proposed tower could be located, attempts by the applicant to contract and negotiate an agreement for collocation, and the result of such attempts. Documentation of undertaking these actions shall be provided by the applicant; and
(e) The Zoning Administrator may require the application to be reviewed by an independent engineer under contract to the town to determine the basis for the modification requested. The cost of review by the town's Engineer shall be reimbursed to the town by the applicant. Such fees shall be fixed in advance and incorporated into a permit or application fee and shall be based on the reasonable costs to be incurred by the town in connection with such review. On request, the amount of the consultant charges incorporated into the permit or application fee shall be separately identified and disclosed to the applicant. The fee imposed by the town for such review may not be used for (i) travel time or expenses, meals, or overnight accommodations incurred in the review of an application by the engineer; or (ii) reimbursements for the engineer based on a contingent fee basis or a results-based arrangement.
(2) The reviewing authority shall consider the application for modification based on the following criteria:
(a) That the tower as modified will be compatible with and not adversely impact the character and integrity of surrounding properties;
(b) Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification; and
(c) In addition, the reviewing authority may include conditions on the site where the tower is to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed tower and mitigate any adverse impacts which arise in connection with the approval of the modification.
(3) In addition to the requirements of division (P)(1) above, in the following cases, the applicant must also demonstrate, with written evidence, the following:
(a) In the case of a requested modification to the setback requirements, division (D) above that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the person is to locate the tower at another site which is closer in proximity to a residentially zoned land;
(b) In the case of a request for modification to the separation requirements from other towers of division (F) above, separation requirements that the proposed site is zoned for industrial use and the proposed site is at least double the minimum standard for separation from residentially zoned lands as provided for in division (F) above;
(c) In the case of a request for modification of the separation requirements from residentially-zoned land of division (F) above, if the person provides written technical evidence from an engineer(s) that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system and if the person is willing to create approved landscaping and other buffers to screen the tower from being visible to residentially zoned property; and
(d) In the case of a request for modification of the height limit for towers and telecommunications facilities or to the minimum height requirements for antenna support structures, that the modification is necessary to:
1. Facilitate collocation of telecommunications facilities in order to avoid construction of a new tower; or
2. To meet the coverage requirements, capacity requirements or both of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer(s) that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than such minimum height shall be approved.
(Q) Abandonment.
(1) If any tower shall cease to be used for a period of 365 consecutive days, the Zoning Administrator shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the Zoning Administrator that such site has been abandoned. The owner shall have 30 days from receipt of said notice to show, by a preponderance of the evidence that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the Zoning Administrator shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within 75 days, dismantle and remove the tower.
(2) To secure the obligation set forth in this section, the applicant (and/or owner) shall post a bond in an amount to be determined by the Zoning Administrator based on the anticipated cost of removal of the tower.
(Ord. passed 4-9-2013; Ord. 2018-02, passed 2-13-2018; Ord. 2021-03, passed 6-8-2021)
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