(A) Purpose and applicability. This subchapter provides for several uses to be located by right in each general zoning district, subject to meeting certain area, height, yard, and off-street parking and loading requirements. Uses shown with references in the far-right column in the Table of Uses of § 154.007-01 shall also be subject to the requirements and review process in this section. Some of those uses are also subject to the issuance of a special use permit by the Board of Adjustment or Planning Board (for uses in the VR District) to ensure compatibility with surrounding development and in keeping with the purposes of the general zoning district in which they are located. Those uses that require a special use permit are shown with an "S" in the Table of Uses. These development standards are supplementary to the general requirements of this chapter. They are designed to allow development of uses that may need extra buffering or attention to layout to make them compatible with surrounding uses.
(B) Conditions imposed. For uses that require a special use permit, the Board of Adjustment or, for the VR District, the Planning Board, may impose reasonable conditions in addition to those given in this section and elsewhere in this chapter. To do this, the approval body must determine that additional conditions are necessary to protect the welfare and safety of the public and of property, or to meet the tests given elsewhere in this chapter.
(C) Requirements. Below are specific requirements for specific uses by name. They are as follows:
(1) Accessory dwelling units on same lot as principal dwelling.
(a) Accessory dwellings in non-residential districts: in zoning districts not otherwise permitting residential buildings. A watchman or caretaker may occupy a residential dwelling on the same premises where he or she is employed. The residential dwelling must clearly be incidental to the non-residential operation on the zoning lot.
(b) Exemptions for mobile homes. In a zoning district where manufactured homes are permitted, an individual may petition the Planning Board to place a manufactured home as a temporary second dwelling on a single parcel that does not meet minimum lot size requirements. However, prior to issuance of a conditional use for hardship, the Environmental Health Department must approve the additional septic system on the parcel in question. Conditional uses for hardship must be renewed annually by the Planning Board. If, for any reason, the conditions of the hardship cease to exist, the conditional use shall become null and void. Conditional uses for hardship are for temporary situations only.
(2) Adult entertainment. See Permitted Use Table NAICS Classification Number 71.
(a) It is and shall be unlawful for any person, firm, or corporation, as hereafter defined, to operate or allow to be operated adult live entertainment or an adult live entertainment business within the boundaries of Surry County outside the corporate limits of any city or town within the boundary of Surry County, except as otherwise permitted by this chapter.
(b) Adult live entertainment which permits less than completely or opaquely covered human genitals or pubic region of either males or females is expressly prohibited.
(c) For definitions of adult entertainment and establishments see § 154.003-02.
(d) Locations.
1. Adult live entertainment involving the display of less than completely or opaquely covered female breasts has been recognized by the State of North Carolina as a protected display of free speech which is subject to reasonable local regulation as to geographic location to serve a substantial governmental interest if such regulation allows for reasonable alternative areas for the regulated activity. Accordingly, adult live entertainment which includes the display of less than completely or opaquely covered female breasts, uncovered below a point immediately at the top of the areola, is permitted only in an enclosed building, premises or structure where the activity is not visible from outside of the enclosed building or structure. Such enclosed building or structure must be located at least 2,000 feet from an area of interest. Furthermore, such adult live entertainment conducted within said enclosed building shall be conducted in such manner so that viewing, display, or sound from within the building cannot be experienced outside the walls of the building. Any building containing an adult live entertainment business must be 100 feet from the right-of-way of a publicly owned road and 50 feet from the neighboring side or rear property boundary. An adult live entertainment business shall be screened along all property lines with an opaque fence not less than seven feet in height or a solid landscaped area at least 15 feet in width and seven feet in height at time of initial planting. Landscaping shall always be maintained. Notwithstanding the foregoing, adult live entertainment businesses shall not be required to screen the Department of Transportation (DOT) minimum driveway requirement, the purpose of which is to provide safe and suitable access from adult entertainment premises to and from a state-maintained road.
2. AREA OF INTEREST shall include all of the following: churches and other places of public organized worship; schools and educational facilities; parks; child care and day care facilities; retirement, rest or nursing homes; inns and bed and breakfasts; hotels or motels; cemeteries; public libraries; residential subdivisions; approved mobile home parks; public recreational facilities; residentially zoned districts (by county or municipality) and buildings included in the National Register of Historic Places. Surry County has substantial interests in protecting the public health, safety and morals of those areas, activities and individuals defined within area of interest.
3. However, should an activity, individual or use defined as an area of interest be located within 2,000 feet of an existing enclosed adult live entertainment business, as defined by this chapter, the prescribed minimum separation requirement shall not apply. Should an adult live entertainment business cease operation for a period of 60 consecutive days, it shall not constitute an existing adult live entertainment business as defined by this chapter.
(e) For penalty, see §§ 154.005.
(3) Agricultural culture center. See Permitted Use Table NAICS Classification Number 11.
(a) Site standards.
1. The minimum lot area for an agricultural cultural center shall be ten acres.
2. Structures, storage areas and parking areas associated with the agritainment enterprise shall be set back at least 75 feet from all property lines and public rights-of-way. The Planning Board may require greater setbacks on a case-by-case basis.
3. All storage areas associated with the enterprise shall not be visible from adjoining or nearby properties or any public rights-of-way.
(b) Screening and fencing. The portion of the property utilized for the cultural center and its associated activities shall be screened from adjacent properties used or zoned for residential or agricultural purposes. These buffers must meet the requirements of §§ 154.015. However, if the cultural center is in a state or federally designated historic structure, then screening and fencing devices shall not be required if it will injure the structure's historic integrity as it relates to the property.
(c) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(d) Additional requirements.
1. Retail goods may be sold as an incidental option so that the items sold are related to the cultural center. This includes a gift shop, snack bar, and the like.
2. Any activities associated with the cultural center shall be subject to the Surry County Noise Ordinance.
3. Festivals related to the cultural center may be held no more than four times per year on-site. Intent to convene festivals on-site shall be disclosed on the site plan and the owner shall submit documentation that complies with the Surry County Mass Gathering Ordinance with the application for a special use permit.
(4) Agritainment. See Permitted Use Table NAICS Classification Number 11.
(a) Site standards.
1. The minimum lot size for this type of use shall be ten acres.
2. Structures associated with the agritainment enterprise shall be set back at least 75 feet from all property lines and public rights-of-way. The Planning Board may require greater setbacks on a case-by-case basis.
3. Shall only be permitted in conjunction with agriculture support and services directly associated with on-going agricultural activity on-site.
4. The agritainment enterprise shall be operated and maintained by the owner, operator, or occupant of the farm on which it is located. Multiple properties in common ownership are acceptable for agritainment if they are considered a single farm entity.
5. The total square footage of all structures associated with the agritainment enterprise shall not exceed 2,000 square feet for lot sizes up to 50 acres. The total square footage of all structures associated with the agritainment enterprise shall not exceed 4,000 square feet for lot sizes over 50 acres. Use of an historic structure may be permitted in conjunction with the enterprise and may be exempt from the minimum square footage requirements. The structure must be listed as historically significant in the county's historic properties inventory, on file in the county Development Services Department.
6. All storage areas associated with the enterprise shall not be visible from adjoining or nearby properties or any public rights-of-way.
(b) Screening and fencing. The portion of the property utilized for the enterprise and its associated activities shall be screened from adjacent properties used or zoned for residential or agricultural purposes. These buffers must meet the requirements of §§ 154.015.
(c) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(d) Additional requirements.
1. Retail goods may be sold as an incidental option so that the items sold are related to the agritainment enterprise. This includes a gift shop, snack bar, and the like.
2. Any activities associated with the agritainment enterprise shall be subject to the Surry County Noise Ordinance.
(5) Airport, public. See Permitted Use Table NAICS Classification Number 48811.
(a) Site standards.
1. Airport size and layout shall conform to current FAA design standards.
2. There shall be a minimum of 300 feet between any runway or taxiway to the nearest property used or zoned for residential purposes.
(b) Screening and fencing. When located within 100 feet of the property line or street rights-of-way and abutting property used or zoned for residential uses, hangars, storage buildings, terminals, loading docks, parking lots and any other associated structure, shall be screened in accordance with §§ 154.015.
(c) Required plan.
1. Scaled drawings of location and size of landing strips and the location of landing lights.
2. Map of all property within 500 feet of proposed airfield property line and within 1,500 feet of each end of the runway, including names and addresses of property owners and type of land use for each property, as given in the tax listings.
3. A map depicting the location, type, and height of any structure, including towers, over 200 feet in height and within a five-mile radius.
4. A copy of the current FAA design, approach, and airspace obstruction standards.
5. Documentation showing FAA permits and design approval.
(6) Airstrip, private. See Permitted Use Table NAICS Classification Number 48811.
(a) Site standards.
1. There shall be a minimum of 300 feet between any runway or taxiway to the nearest property used or zoned for residential purposes, except that a residence may be located on the same property as the airstrip.
2. Airstrip shall be constructed of a natural vegetative material (i.e., grass).
3. Scaled drawings of location and size of landing strips.
4. Location of landing lights, if applicable.
5. No signage shall be allowed in conjunction with an airstrip.
(b) Screening and fencing. Hangars, storage buildings and any other associated structure shall be buffered from any property used or zoned for residential purposes, in accordance with §§ 154.015.
(c) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(d) Additional requirements.
1. Required plan: documentation showing applicable FAA permits and design approval.
2. Airstrip shall only be used by the property owner and members of their immediate family.
3. Operations related to the airstrip shall comply with the Surry County Noise Ordinance.
(7) Alteration, expansion, change, rebuilding or resumption of a non-conformity. Refer to state and local guidelines.
(8) Ambulance service/rescue squad, police and fire station operations. See Permitted Use Table NAICS Classification Number 62191.
(a) Site standards. All structures and accessory structures associated with the use must be set back from all property lines a minimum of twice the applicable side and rear setbacks of the corresponding zoning districts, from all properties used or zoned for residential or agricultural purposes.
(b) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. Buffers shall be installed which meet the requirements of §§ 154.015 along all property lines abutting property used or zoned for residential or agricultural purposes.
(9) Amusement park; arcade; circus, carnival, or fair. See Permitted Use Table NAICS Classification Number 7131.
(a) Site standards.
1. The site must be located on a major roadway that can handle the anticipated traffic volume when the fairground is in use.
2. All buildings, arenas, stadiums, exhibit areas, barns, and similar activity areas, shall be set back from all property lines and street rights-of-way a minimum of 100 feet.
3. In addition to the requirements of §§ 154.014, parking lots must be set back at least 20 feet from any property line or street right-of-way.
(b) Screening and fencing. A fence shall be at least eight feet in height and shall enclose activity areas and buildings that will stay locked when the fairground is not in use. Additional buffering may be required by the Planning Board in the case of facilities for outdoor functions, such as outdoor arenas, to protect adjacent properties from noise, light and glare.
(c) Lighting. Outdoor lighting shall be shielded to prevent light from directly hitting adjacent property or any public right-of-way.
(10) Auction house; car wash; farm supplies; gas or service station; machine and welding shops; monument sales; motor vehicle body and paint shop; motor vehicle repair; commercial and industrial machinery repair and maintenance; restaurant (walk-in); tree service; parts packaging. See Permitted Use Table NAICS Classification Numbers 811192, 447, 8113, 327991, 8111, 7225, 113, and 42491.
(a) Site standards.
1. Minimum setbacks of twice what is required by this chapter.
2. Site shall not create a greater nuisance than the existing or previous commercial use.
3. Noise created by the proposed use shall not be any greater than that which was created by the existing or proposed commercial use.
4. Traffic flow and conditions created by the proposed use shall not be any greater than those created by the existing or previous commercial use.
5. Applicant shall present evidence and support materials to the Planning Board that demonstrate compliance with above requirements.
6. Operations with drive-through service must be reviewed by NCDOT for a determination of the required number of stacking spaces.
(b) Lighting. Outdoor lighting shall be so designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. Buffers shall be installed which meet the requirements of §§ 154.015.
(11) Manufacturing of asphalt products; petroleum products; explosives; chemicals; explosives including storage; fertilizers including storage; manufactured and prefabricated homes including lot homes; varnishes, finishes; oil and gasoline bulk storage; paints processing plants; recycling plants; refineries; and sawmills. See Permitted Use Table NAICS Classification Numbers 32113, 32412, 325, and 32551.
(a) Site standards.
1. The boundary of the property shall be a minimum of 200 feet from any residential use, hospital, nursing or convalescent home, retirement home, life care community, school, or church. However, the Planning Board shall be authorized to increase this setback if the situation warrants, based on the specific substances that are to be manufactured or stored and in what specific quantities.
2. All structures (except fences and walls), buildings, storage areas, and the like used in the operation shall be a minimum of 100 feet from all property lines or street rights-of-way.
3. Buildings must meet all requirements for hazardous occupancy under the NC Building Code.
(b) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. The use shall be totally enclosed by a security fence or wall at least eight feet high or enclosed within a locked fire-proof building. A vegetative screen, either planted or natural wooded area, shall be provided along any street right-of-way and any property line within 400 feet of property used or zoned for residential purposes.
(d) Operational requirements.
1. The site shall be utilized in a manner that shall not pose a hazard off-site.
2. All unpaved storage areas shall be maintained in a manner that prevents dust from adversely impacting adjacent properties.
3. Buildings must be maintained to meet all requirements for hazardous occupancy under NC Building Code.
4. The County Fire Marshal and local fire department shall be kept notified of the types of materials used, manufactured, or stored on-site.
(12) Automobile salvage yards. See also § 154.005-12(G) and Permitted Use Table NAICS Classification Number 42393.
(a) Site standards.
1. Minimum setback of twice what is required by §§ 154.006.
2. No automobile salvage yard or junkyard shall be permitted to locate or expand within one-half mile radius of any property used or zoned for residential purposes, and any property used as a hospital, nursing or convalescent home, retirement home, life care community, school, or church.
3. Yards shall comply with Ch. 40 of the North Carolina Fire Prevention Code.
4. All parking and designated loading and unloading areas shall be provided within the buildable portion of the property in question. Loading and unloading shall be prohibited in any other location.
5. Yards shall not be permitted to locate or expand within the 100-year floodplain as shown on the latest Federal Emergency Management Agency maps of Surry County.
6. Yards shall not locate or expand within 500 feet of any watercourse such as a stream, river, reservoir, pond, or lake.
7. Yards shall not locate or expand within 1,000 feet of any water course such as a stream, river, reservoir, pond, or lake that is in any water supply watershed (WS-I through WS-IV) or any outstanding resource watershed.
8. Yards shall have their own deeded direct access to a state-maintained road, not to be shared with any other use.
9. Bona fide garages, repair shops and service stations where the short-term storage of not more than two junked vehicles is incidental to the business shall not apply to these requirements.
(b) Lighting. Outdoor lighting shall be so designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. The use shall be totally enclosed by an opaque wood fence. In addition, a 50 foot vegetative buffer shall be planted along all property lines, leaving space for an ingress and egress location. Yards shall not be visible from any adjacent property or public right-of-way. The buffer shall be included as part of the required setbacks and shall meet the planting requirements of §§ 154.015.
(d) Additional requirements. If the ownership of an approved auto salvage yard or junkyard is transferred to another individual, group, or entity, the new owner(s) shall complete a "change of ownership" form with the Zoning Ordinance Officer.
(e) Non-conforming automobile salvage yards. All non-conforming automobile salvage yards are subject to § 154.005-12(G).
(13) Bed and breakfast. See Permitted Use Table NAICS Classification Numbers 721191 and 721199.
(a) Site standards.
1. Guestrooms or guesthouses shall not be equipped with kitchen or cooking facilities.
2. If operation utilizes guesthouses, then maximum density requirements shall be two units per acre; however, the Surry County Health Department may revise minimum lot size requirements through site evaluations on a case-by-case basis.
3. There shall be no less than one bathroom, consisting of a bath or shower, water closet and lavatory, for every two guestrooms.
4. Parking shall not be allowed in any front yard unless facility utilizes guest houses.
(b) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. Parking areas and outdoor areas used for storage of equipment or supplies must be screened from adjacent properties. These buffers must meet the requirements of §§ 154.015.
(14) Billboards. See §§ 154.016 and Permitted Use Table NAICS Classification Number 51.
(15) Blacksmith; building supply and materials; bus terminal; taxi and limousine services; couriers and express delivery services; dry-cleaning plants; governmental maintenance facility; lumber and building materials sales; research activities; slaughterhouse; septic services; transfer companies; packing and crating companies; truck/freight terminal, utility company operation center; vending companies; warehousing; wholesale distribution; woodworking plant. See Permitted Use Table NAICS Classification Numbers 3116, 848, 4542, 493, 444, and 3371.
(a) Site standards.
1. All structures and associated uses, parking areas, loading areas, storage areas and outdoor assembly areas shall be set back a minimum of twice the applicable setbacks of the corresponding zoning districts, from all properties used or zoned for residential purposes.
2. Considerations shall be made for additional traffic flow from a state-maintained road into the site in question to reduce the possibility of traffic congestion and hazards, if necessary.
(b) Lighting. Outdoor lighting shall be so designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. Buffers shall be installed which meet the requirements of §§ 154.015.
1. The site shall be utilized in a manner that prevents noise and dust from adversely impacting adjacent properties.
2. All unpaved storage areas shall be maintained in a manner that prevents dust from adversely impacting adjacent properties.
(16) Campgrounds and recreational vehicle parks. See Permitted Use Table NAICS Classification Number 7212.
(a) Site standards.
1. Minimum campground or RV park size is ten acres.
2. Minimum lot space of 25 feet by 40 feet is required; however, the Surry County Health Department may revise minimum lot size or site requirements through site evaluations on a case-by-case basis.
3. Maximum development density not to exceed 45% of total gross land area (excluding roads).
4. No more than one recreational vehicle per lot site.
5. Minimum 10% total gross land area dedication for recreational uses excluding maximum density development.
6. Property owner may dedicate a minimum of 5% total gross land area for the use of tent camping, excluding the use of recreational vehicles.
7. No more than two vehicles per site allowed for parking.
8. No site or lot shall have direct access to a public road.
9. Minimum interior street widths of 20 feet of gravel with a six-inch gravel base within the park or campground. Interior streets developed to only be open to one-way traffic shall be a minimum of 12 feet in width with a six-inch gravel base.
10. The park and/or campground shall be set back 50 feet from all public or private rights-of-way and side and rear property lines.
11. Minimum interior side setbacks of 20 feet and rear setbacks of ten feet between sites.
12. Minimum 45 feet deeded, platted easement to a state-maintained road.
13. All utilities must be provided through underground access, which may include water, sewer, power, phone, cable, natural gas, and the like.
14. Adequate lighting shall be provided for all common areas, including the interior lighting of any building open after dusk.
15. Owner shall provide a refuse disposal plan satisfactory to the Zoning Ordinance Officer. The approved plan shall be noted on the site plan.
16. Separate sanitary facilities for both sexes (including showers), as well as drinking water, shall be available within 400 feet of each campsite.
17. Existing recreational vehicle parks and campgrounds shall have one year from the effective date of this chapter to comply with these requirements. Consideration will be given to those parks and campgrounds that do not meet the minimum acreage requirements.
18. Campgrounds and recreational vehicle parks shall not be in a floodplain.
(b) Lighting. Outdoor lighting shall be designed to minimize light from directly lighting adjacent property or any public right-of-way.
(c) Screening and fencing. A vegetative buffer shall be planted along all side and rear property lines or around the boundary of the campground and recreational vehicle park. The buffer shall be included as part of the required setbacks and shall meet the requirements of §§ 154.015.
(d) Required plan. Proposed layout of the campground, including individual sites, cabins, recreation areas, drinking water outlets, sanitary disposal facilities, and other service buildings.
(e) Operational requirements.
1. No recreational vehicle shall be used as a permanent dwelling within a recreational vehicle park.
2. There shall be no removal of wheels or axles from any recreational vehicle to keep the residence temporary.
3. Surry County, at any time, can request the owner to display vehicular mobility of any vehicle on the premises.
4. All porches, decks and other attachments shall not be attached permanently to accommodate any request of mobility by the County of Surry.
5. There shall be no manufactured homes or mobile homes allowed in any recreational vehicle park or campground other than the residence of the owner or caretaker of the facility.
6. A fire extinguisher shall be available at each service building and at the office.
7. Campgrounds and parks shall be maintained free of accumulations of debris, which may contribute to rodent harborage or distinct breeding grounds for flies, mosquitoes, insects, or other pests. The growth of brush, weeds, shrubbery, and grass shall be controlled to prevent harborage of ticks, chiggers and other noxious insects. Open areas shall be maintained free of heavy undergrowth and maintained to promote a pleasing aesthetic appearance.
(17) Cemeteries/mausoleums. Site standards.
(a) Tombstones, crypts, monuments, and mausoleums shall be located a minimum of 20 feet from any side or rear lot line and at least 30 feet from a street right-of-way.
(b) Adequate off-street parking/circulation facilities for funeral processions shall be provided.
(c) Cemeteries shall have direct access to a major or minor thoroughfare.
(18) Childcare center. See Permitted Use Table NAICS Classification Number 6244.
(a) Site standards.
1. Indoor activity areas shall be provided equivalent to at least 25 square feet per attendee.
2. Access to the facility shall not create traffic flow problems on nearby streets. Road improvements may be required to ease traffic flow concerns.
(b) Screening or fencing. Play areas shall be enclosed by a chain link or solid fence or wall at least four feet high. Side and rear property lines must be screened from adjoining properties in accordance with §§ 154.015.
(c) Operational requirements. The construction and operation shall comply with the provisions of the North Carolina General Statutes and any other applicable federal, state, or local standards.
(19) Child care center in home. A child day care center in a home is an accessory use permitted for 12 or fewer attendees, including after school attendees (see G.S. § 110-86). See Permitted Use Table NAICS Classification Number 48811.
(a) Site standards.
1. The operator of the day care center shall reside in the facility.
2. Outdoor activity areas, play space and open space requirements for a child daycare shall be provided in accordance with the regulations of the North Carolina Department of Health and Human Services (DHHS), Child Development Division.
(b) Screening and fencing. Shall comply with the requirements in §§ 154.015 and shall be located outside the street setback.
(c) Additional requirements.
1. No more than one program, including after school care, may be operated at the same location during a 24-hour period.
2. After school care is separate from childcare.
3. After school care is up to four hours of care per day on school days.
(20) Children's home.
(a) Site standards.
1. The following minimum site sizes shall apply:
a. Five acres for 25- to 75-child capacity.
b. Ten acres for 76- to 125-child capacity.
c. Fifteen acres for 126- to 175-child capacity; or
d. Twenty acres for 176 or more children.
2. Buildings, structures, recreation areas, places of assembly, dumpsters, and the like shall be set back at least 75 feet from any property line or right-of-way.
3. Parking areas shall be placed completely within the minimum building area as required by the applicable zoning district.
(b) Screening or fencing. Parking areas shall be screened from adjoining properties used or zoned for agricultural or residential purposes in accordance with §§ 154.015. On a case-by-case basis, the Planning Board may require that the property be completely enclosed by a wall or fence for the protection of the home occupants and the surrounding community.
(c) Lighting. Outdoor lighting shall be so designed to minimize light from directly hitting adjacent property or any public right-of-way.
(d) Operational requirements.
1. The construction and operation shall comply with the provisions of the North Carolina General Statutes and any other applicable federal, state, or local standards.
2. Proper licensing by federal, state, and local agencies shall be required by time of application.
3. Activities associated with the home shall comply with the Surry County Noise Ordinance.
(21) Commercial greenhouses and nurseries. See Permitted Use Table NAICS Classification Number 1114.
(a) Site standards. All commercial buildings, greenhouses, storage sheds, and similar structures and parking or storage areas for vehicles, equipment, or supplies shall be set back from all property lines and street rights-of-way a minimum of twice the required setbacks for the principal building in the zoning district in which the property is located.
(b) Screening and fencing. Parking areas and outdoor areas used for storage of equipment or supplies must be screened from adjacent properties. These buffers must meet the requirements of §§ 154.015.
(22) Clubs and lodges; community centers; libraries; museums; outdoor recreation; post office; private recreation clubs; public swimming pools. See Permitted Use Table NAICS Classification Numbers 491, 51912, 712, and 71394.
(a) Site standards. All commercial buildings, greenhouses, storage sheds and similar structures or uses shall meet twice the required setbacks for the applicable zoning district in which the proposed use is located.
(b) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. A vegetative buffer must be provided which will screen adjacent properties used or zoned for residential purposes from the effects of light and noise generated on the site, as well as parking areas and all structures, outbuildings, loading areas, places of assembly, outdoor display areas and other facilities associated with the use. The buffer shall comply with §§ 154.015. The Planning Board may require a solid fence or wall constructed of wood, stone, or masonry, up to eight feet in height, in addition to the required screening if the conditions on the site and adjacent properties warrant it.
(23) Correctional facilities. See Permitted Use Table NAICS Classification Number 92214.
(a) Site standards.
1. No correctional facility shall be permitted to locate or expand within a one-mile radius of any property used or zoned for residential purposes and any property used as a hospital, nursing or convalescent home, retirement home, life care community, school or church.
2. All structures, recreation areas, work areas, parking and loading areas and common areas associated with the correctional facility shall be required to maintain five times the applicable setbacks of the corresponding zoning district.
(b) Lighting. Outdoor lighting shall be so designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. As a part of the required setbacks, a buffer twice what is required in accordance with §§ 154.015 shall be installed.
(24) Country inn. See Permitted Use Table NAICS Classification Number 721191.
(a) Site standards.
1. Minimum lot sizes are as follows:
A. Five acres: 15 guest rooms or less.
B. Ten acres: 16 to 30 guest rooms.
C. Twenty acres: 31 to 60 guest rooms; and
D. Forty acres: 61 or more guest rooms.
2. The structure, storage areas and parking areas shall be set back at least 75 feet from all property lines and rights-of-way.
3. The owner or manager shall always provide full-time management of the premises when guests occupy the establishment.
4. The establishment may contain a full-service restaurant, in addition to guestrooms, that provide meal service to guests and the public. The restaurant may not exceed 25% of the total floor area of the country inn.
5. Development of a country inn shall architecturally reflect the character of its surroundings; development should mesh well with surrounding properties.
6. There shall be no less than one bathroom, consisting of a bath or shower, water closet and lavatory, for every two guestrooms.
(b) Screening and fencing. The portion of the property utilized for the country inn and its associated activities shall be screened from adjacent properties used or zoned for residential or agricultural purposes. These buffers must meet the requirements of §§ 154.015. However, if the country inn is in a local, state or federally designated historic structure, then screening and fencing devices shall not be required if it will injure the structure's historic integrity as it relates to the property.
(c) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(d) Additional requirements.
1. If the country inn is proposed to be new construction, floor plans and renderings of the proposed façade shall be submitted with the application. If the country inn is proposed to locate in an existing structure, floor plans, pictures of the structure and renderings of any proposed façade improvements shall be submitted with the application.
2. Any activities associated with the country inn shall be subject to the Surry County Noise Ordinance.
(25) Dragstrip or racetrack. See Permitted Use Table NAICS Classification Number 711212.
(a) Site standards.
1. Minimum lot size of 40 acres.
2. The lot shall have its own direct access to a state-maintained road. The access shall serve only the drag strip or racetrack.
(b) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. A vegetative buffer must be provided which will screen adjacent properties used or zoned for residential purposes from the effects of light and noise generated on the site, as well as parking areas and all structures, outbuildings, loading areas, places of assembly, outdoor display areas and other facilities associated with the use. The buffer shall comply with §§ 154.015. The Planning Board may require a solid fence or wall, made of wood, stone or masonry, up to eight feet in height, in addition to the required screening, if the conditions on the site and adjacent properties warrant it.
(26) Drinking establishments; gun and ammunition sales; night clubs and places of entertainment. See Permitted Use Table NAICS Classification Numbers 7224, and 4511.
(a) Site standards.
1. No night club or place of entertainment shall be permitted to locate or expand within a 500-foot radius of any property used as a nursing or convalescent home, retirement home, life care community, school, or church.
2. All structures shall be set back from all property lines a minimum of twice the applicable setbacks of the corresponding zoning district from all properties used or zoned for residential purposes.
(b) Screening and fencing. Buffers shall be installed which meet the requirements of §§ 154.015.
(c) Lighting. Outdoor lighting shall be so designed to minimize light from directly hitting adjacent property or any public right-of-way.
(d) Operational requirements.
1. The site shall be utilized in a manner that prevents noise from adversely impacting properties in the vicinity.
2. All unpaved storage areas shall be maintained in a manner that prevents dust from adversely impacting adjacent properties.
(27) Eco-tourism enterprise. See Permitted Use Table NAICS Classification Number 71.
(a) Site standards.
1. All structures, accessory structures, assembly areas, parking areas, recreation areas, trails, and the like shall be setback 75 feet from all property lines and rights-of-way.
2. Any outdoor storage areas shall be hidden from view from any adjoining or nearby properties and any public rights-of-way.
3. Enterprise development site shall be near the natural feature or ecosystem to which it provides access.
4. Enterprise development shall be designed to aesthetically compliment the natural feature/ecosystem it serves so that the impact on the natural feature/ecosystem is minimal.
(b) Screening and fencing. The portion of the property utilized for the enterprise and its associated activities shall be screened from adjacent properties used or zoned for residential or agricultural purposes. These buffers must meet the requirements of §§ 154.015.
(c) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(d) Additional requirements.
1. Retail goods may be sold as an incidental option so that the items sold are related to the eco-tourism enterprise. This includes a gift shop, snack bar, and the like.
2. Any activities associated with the eco-tourism enterprise, whether on-site or off-site, shall be subject to the Surry County Noise Ordinance.
(28) Electronic gaming operations. See Permitted Use Table NAICS Classification Number 71312.
(a) Site standards.
1. Gaming operations shall be located at a minimum distance of 500 feet, measured in a straight line in any direction from the structure of the proposed electronic gaming operation to the structure of any of the following:
A. A place of worship or other religious institution;
B. A day care center or facility;
C. A public or private school;
D. A public park, playground, library, community pool or any area where large numbers of minors regularly travel or congregate including, but not limited to, public swimming pools;
E. A fire station, police station or other public safety facility;
F. A nursing home or assisted living facility or medical facility;
G. A funeral home; or
H. Another electronic gaming operation.
2. All structures shall be set back from all property lines a minimum of twice the applicable setbacks of the corresponding zoning district from all properties used or zoned for residential purposes.
(b) Screening and fencing. Buffers shall be installed which meet the requirements of this chapter.
(c) Lighting. Outdoor lighting shall be so designed to minimize light from directly hitting adjacent property or any public right-of-way.
(d) Operational requirements.
1. The site shall be utilized in a manner that prevents noise from adversely impacting properties in the vicinity.
2. All unpaved storage areas shall be maintained in a manner that prevents dust from adversely impacting adjacent properties.
3. Electronic gaming operations are not allowed as an accessory use.
(29) Executive or institutional retreat. See Permitted Use Table NAICS Classification Number 7131.
(a) Site standards.
1. All structures, accessory structures, assembly areas, parking areas, recreation areas, and the like, shall be set back twice the applicable setbacks for the corresponding zoning district.
2. Facility may consist of lodging, recreation facilities, assembly areas, dining facilities and meeting facilities.
3. Kitchen and dining facilities shall be in a single, centrally located building or buildings, and not located within individual lodging units.
4. Facility may be located on one parcel, or multiple parcels in the same ownership.
5. Institutional retreats that plan to utilize tent camping or open-air sleeping quarters shall also comply with the special use requirements for "campgrounds" found in this section.
(b) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. The portion of the property/properties utilized for the retreat and its associated activities shall be screened from adjacent properties. These buffers must meet the requirements of §§ 154.015.
(d) Operational requirements.
1. Executive or institutional retreat activities shall comply with the Surry County Noise Ordinance.
2. Lodging facilities and kitchen and dining facilities shall not be open to the public.
3. Retreats shall only be utilized for professional, educational, or religious conclaves, meetings, conferences, seminars, or training.
(30) Family care home. Site standards.
(a) Shall not provide room and board to more than six individuals at one time.
(b) Parking shall be in the rear of the home.
(c) Principal structure, accessory structures, and the property itself shall be maintained as a residential property.
(31) Firing range. See Permitted Use Table NAICS Classification Number 7131.
(a) Site standards.
1. Shall not be located within 3,000 feet of any residential use, hospital, nursing or convalescent home, retirement home, life care community, school, or church.
2. A projectile-proof backstop, consisting of concrete, steel, earth, or a combination thereof, at least 20 feet high, shall be erected and maintained behind all target areas.
(b) Screening and fencing. A vegetative buffer must be provided which will screen adjoining residential uses from the effects of light and noise generated on the site, as well as parking areas and all structures, outbuildings, loading areas, places of assembly, outdoor display areas and other facilities associated with the use. The buffer shall comply with §§ 154.015. The Planning Board may require a solid fence or wall, made of wood, stone or masonry, up to eight feet in height, in addition to the required screening, if the conditions on the site and adjacent properties warrant it.
(c) Operational requirements.
1. Shall not be open between the hours of 7:00 p.m. to 7:00 a.m. (applies to outdoor ranges only).
2. Shall comply with the Surry County Noise Ordinance, as amended, in addition to the above requirements.
(32) Funeral homes/crematories.
(a) Site standards. Separation from residential uses must be maximized to the greatest possible extent.
(b) Screening and fencing. Type A vegetation must separate the site and specific features, such as the smoke stack, from adjoining residential areas, whether existing or zoned.
(c) Additional requirements. Stacking lanes must be shown on site plan, and should be distinct from employee and visitor parking.
(33) Go-cart track. See Permitted Use Table NAICS Classification Number 711212.
(a) Site standards. All structures and track areas must be set back from all property lines of all properties used or zoned for residential purposes a minimum of twice the applicable setbacks of the corresponding zoning districts.
(b) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. Buffers shall be installed which meet the requirements of §§ 154.015 along all property lines abutting property used or zoned for residential or agricultural purposes.
(34) Golf courses; par 3 golf courses; miniature golf. See Permitted Use Table NAICS Classification Numbers 71391, and 7131.
(a) Site standards.
1. No maintenance building, outbuilding, storage building, or clubhouse shall be closer than 100 feet from any property line.
2. These uses shall be located so that adjoining properties are not adversely affected by the activity due to noise, glare, traffic, or other factors.
(b) Screening and fencing. Fencing, netting, trees, earth berms or other approved control measures shall be provided around the perimeter of the golf course to prevent golf balls from leaving the property.
(c) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(d) Operational requirements. The volume of any outdoor speakers or public address system must be kept low enough to not be heard off the premises.
(35) Golf driving ranges - independent. See Permitted Use Table NAICS Classification Number 7131.
(a) Site standards.
1. No maintenance building or clubhouse shall be closer than 100 feet from any property line.
2. Driving ranges shall be located so that adjoining properties are not adversely affected by the activity due to noise, glare, traffic, or other factors.
3. Driving ranges shall have a minimum depth of 1,000 feet from the tees to the end of the driving area or the end shall be controlled with netting and/or earth berms to prevent golf balls from leaving the property.
(b) Screening and fencing. Fencing, netting, trees, earth berms or other approved control measures shall be provided around the perimeter of the driving area to prevent golf balls from leaving the property. Driving ranges shall be screened from adjacent properties used or zoned for residential purposes. These buffers must meet the requirements of §§ 154.015.
(c) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(d) Operational requirements. The volume of any outdoors speakers or public address system must be kept low enough to not be heard off the premises.
(36) Group development. See Permitted Use Table NAICS Classification Number 4522. Development where two or more structures are to be constructed on a single parcel, which is not intended to be subdivided. These include, but are not limited to, manufactured home parks, mini-warehousing, multi-family developments and shopping centers. Processes for the approval of group developments are in §§ 154.011.
(37) Historic property ventures. See Permitted Use Table NAICS Classification Number 71212.
(a) Site standards.
1. Structure or property shall be designated a historic property or located in a designated historic district by the State of North Carolina State Historic Preservation Office or the United States Department of the Interior.
2. All parking areas and new structures shall be located within the principal building setback area for the corresponding zoning district.
3. Gift shops located outside the confines of any historic structure shall be allowed if they minimize negative visual and noise impacts on adjoining properties used or zoned for residential or agricultural uses.
(b) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. The Planning Board may require buffers to be installed that will screen new structures and/or parking areas which meet the requirements of §§ 154.015 along all property lines abutting property used or zoned for residential or agricultural purposes. Historic structures shall not be required to be screened from adjoining properties.
(d) Operational requirements. An associated small-scale restaurant or like use, which may enhance the overall property in relation to tourism, may be permitted on a case-by-case basis by the Planning Board. Associated uses are subject to the above requirements as well.
(38) Heliport/helistop. See Permitted Use Table NAICS Classification Number 48811.
(a) Site standards.
1. Heliports/helistops shall be so located and designed as to minimize disturbance of residential areas.
2. There shall be a minimum 500 feet between the helipad and the nearest existing residence.
3. No structures, runways, taxiways, tiedown areas, parking lots, towers, beacons, and the like, shall be located within 50 feet of any property line.
4. No petroleum storage tanks or refueling facilities shall be located within 100 feet of any property line.
(b) Lighting. All outdoor lighting except navigational, safety, and other lighting related to aircraft operations, shall be so designed as to not disturb adjoining properties.
(c) Additional requirements.
1. The design and construction of heliport/helistops shall follow FAA guidelines.
2. In addition to site plans required, a full master plan including plans or information detailing flight approach patterns and noise cones shall be presented.
3. All plans shall be drawn by a registered professional qualified to design airports.
(39) Home occupation of a commercial nature.
(a) Site standards.
1. Unlike the usual home occupation, accessory buildings or structures may be used in connection with the home occupation of a commercial nature, with a minimum setback of twice what is required by this chapter.
2. All uses associated with the home occupation of a commercial nature must be in the side or rear yard of the property.
3. All storage associated with the home occupation of a commercial nature must be stored indoors; outdoor storage shall not be permitted.
4. The Planning Board will determine if the proposed use fits the definition of home occupation of a commercial nature.
(b) Screening. All structures associated with the home occupation of a commercial nature shall be buffered from adjacent property used or zoned for residential purposes by fencing or vegetation meeting the requirements of §§ 154.015.
(c) Operational requirements.
1. The owner of the business must reside on the property on which the business is located.
2. The business use shall not create any noxious fumes, odors, traffic congestion, noise, or other nuisance factors.
(40) Kennel (as a principal use). See Permitted Use Table NAICS Classification Number 54194.
(a) Site standards.
1. The Planning Board shall determine case-by-case the minimum lot size and total facility capacity, defined as the maximum number of animals that may be housed or kept on the property; provided that, if a lesser capacity is required by state or federal licensing requirements existing or as amended, the lesser capacity shall apply.
2. All buildings or other structures pertaining to the operation, including outdoor runs and pens, shall maintain required setbacks from all property lines the same as required for the principal structure on the property.
3. No accessory building, outdoor run, or other animal holding or exercising facility shall be in the front or side yard.
(b) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening. All kennel buildings, runs, pens or other facilities shall be buffered from adjacent property used or zoned for residential purposes by fencing or vegetation meeting the requirements of §§ 154.015.
(41) Landfill, sanitary and demolition, including hazardous and nonhazardous waste. See Permitted Use Table NAICS Classification Number 562212.
(a) Site standards. No landfill, whether sanitary or demolition, shall be permitted to locate within one-half mile radius of any property used or zoned for residential purposes and any property used as a hospital, nursing or convalescent home, retirement home, life care community, school, or church.
(b) Screening and fencing. The entire property, or portion of it being used for the landfill and all supporting functions, shall be fenced with a security fence at least eight feet high and screened meeting the requirements of §§ 154.015.
(c) Additional requirements. All landfill uses are subject to the requirements of the State of North Carolina and Surry County.
(42) Livestock production and sales, livestock sale barns (non-bona fide farm). See Permitted Use Table NAICS Classification Number 1114.
(a) Site standards.
1. All structures and associated uses, parking areas, loading areas, storage areas, and outdoor assembly areas shall be set back a minimum of 75-feet from all properties used or zoned for residential or agricultural purposes.
2. Livestock waste shall be managed to prevent from spreading to adjacent properties.
3. In the area where animals are kept, 80% of the existing vegetation must be maintained.
4. Considerations shall be made for additional traffic flow from state-maintained roads into the site in question to reduce the possibility of traffic congestion and hazards, if necessary.
(b) Lighting. Outdoor lighting shall be designed so as to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing.
1. Buffers shall be installed which meet the requirements of §§ 154.015.
2. The portion of the property being used to keep the livestock shall be fenced with a security fence at least five feet high, as to keep livestock confined and off adjoining properties.
(d) Operational requirements.
1. The site shall be utilized in a manner that prevents noise and dust from adversely impacting adjacent properties.
2. All unpaved storage areas shall be maintained in a manner that prevents dust from adversely impacting adjacent properties.
(43) Manufactured home and recreational vehicle sales; farm/heavy equipment sales. See Permitted Use Table NAICS Classification Numbers 45393, and 42382.
(a) Site standards.
1. Minimum lot size of two acres.
2. Minimum setbacks of two times the applicable setbacks of the corresponding zoning district.
3. Site shall not create a greater nuisance than the existing or previous commercial use.
4. Noise created by proposed use shall not be any greater than that which was created by the existing or proposed commercial use.
5. Traffic flow and conditions created by the proposed use shall not be any greater than that created by the existing or previous commercial use.
6. Applicant shall present evidence and support materials to the Planning Board that demonstrate compliance with above requirements.
(b) Screening and fencing. Buffers shall be installed which meet the requirements of §§ 154.015.
(c) Lighting. Outdoor lighting shall be so designed to minimize light from directly hitting adjacent property or any public right-of-way.
(44) Manufactured home parks. Refer to §§ 154.019.
(45) Mini-warehousing. See Permitted Use Table NAICS Classification Number 493.
(a) Buildings and accessory structures shall be located a minimum of 50 feet from any street right-of-way and 30 feet from any side or rear property lines.
(b) Buildings and accessory structures shall be located no closer than 20 feet from one another, providing adequate access for loading, unloading, ingress and egress.
(c) The total ground cover of all principal buildings and all accessory structures shall not exceed 70% of the total site.
(46) Mining and quarrying. See Permitted Use Table NAICS Classification Number 212.
(a) Site standards.
1. Submit a copy of a completed application as required by the State of North Carolina for a mining permit.
2. A letter or other certification of approval must be submitted from the NCDOT, as to the safety and design of the access or entrance on to a state-maintained road from the mine.
3. Access to a mine or mining operation must be from a state-maintained road. The access leading from the state-maintained road to said operation must be 45 feet in width, with a cleared drivable area of not less than 20 feet. All interior access roads on the said property must also have a right-of-way of 45 feet with a cleared drivable area of not less than 20 feet. All accesses shall always be maintained to ensure smooth traffic flow.
4. The boundary of the property shall be located at least 500 feet from any residential use, hospital, nursing or convalescent home, retirement home, life care community, school, or church.
(b) Screening and fencing. An area of land, which shall not be less than 50 feet in width, shall be provided along all boundaries of the affected land. This buffer area must be always left in a natural vegetative state or planted with trees, shrubs, or plants that create a visual screen. Trees and plants must be native to the area and trees shall not be less than six feet in height in three years.
(47) Motocross track. See Permitted Use Table NAICS Classification Number 711212.
(a) Site standards.
1. Minimum lot size of 40 acres.
2. The lot shall have its own direct access to a state-maintained road. The access shall serve only the motocross track.
3. All structures and accessory structures shall be located at least 100 feet from any adjoining property lines.
4. No portion of the riding course shall be located within 200 feet of any adjoining property line.
5. Hours of operation shall be no earlier than 9:00 a.m. and no later than 30 minutes before dusk.
6. Ancillary support activities, such as the provision of food, beverages, and other concessions or vending operations may be permitted on a temporary basis and only during the operation of the use; and shall meet all applicable state health codes.
(b) Screening and fencing. A vegetative buffer must be provided which will screen adjacent properties used or zoned for residential purposes from the effects of light and noise generated on the site, as well as parking areas and all structures, outbuildings, loading areas, places of assembly, outdoor display areas and other facilities associated with the use. The buffer shall comply with §§ 154.015. The Planning Board may require a solid fence or wall as deemed necessary to screen from noise, in addition to the required buffer.
(c) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(48) Movie drive-in; stadium; coliseum; exhibition building. See Permitted Use Table NAICS Classification Number 512132.
(a) Site standards.
1. All buildings and structures, accessory structures and places of assembly shall be set back at least 75 feet from all property lines.
2. All parking areas shall be set back 25 feet from all properties used or zoned for residential or agricultural purposes.
(b) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. A vegetative buffer must be provided which will screen adjacent properties used or zoned for residential purposes from the effects of light and noise generated on the site, as well as parking areas and all structures, outbuildings, loading areas, places of assembly, outdoor display areas and other facilities associated with the use. The buffer shall comply with §§ 154.015. The Planning Board may require a fence or wall made of wood, stone or masonry, up to eight feet in height, in addition to the required screening, if the conditions on the site and adjacent properties warrant it.
(49) Multi-family development.
(a) Minimum density requirements shall be two units per acre; however, the Environmental Health Department may increase lot size requirements through site evaluations on a case-by-case basis. A developer shall be permitted to develop up to 16 units per acre if access to public water and sewer systems is available.
(b) A minimum of 15% of the gross acreage shall be preserved as open space.
(c) Parking spaces and internal streets shall not be located closer than 25 feet from the front, side, or rear of any building.
(50) Nursing, convalescent, assisted living facility. See Permitted Use Table NAICS Classification Number 623.
(a) Site standards.
1. Minimum lot size of two acres.
2. Minimum setback from any street right-of-way shall be at least 25 feet greater than is required for the district said use is located.
3. Minimum side and rear setbacks shall be 50 feet.
4. Service facilities, such as gift shops, snack bars and personal service shops may be provided if the facilities are completely within the building and designed to serve patrons of the facility and their visitors only.
(b) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. Any parking area, common space or outdoor gathering place shall be screened from adjacent properties used or zoned for residential purposes. This buffer must meet the requirements of §§ 154.015.
(51) Personal storage buildings in the Rural Agricultural (RA) and Conservation Protected (CP) Districts. A personal storage building shall be permitted as a principle or stand-alone use in the Rural Agricultural District or Conservation Protected District, under the following conditions:
(a) The permit shall certify, and the owner shall ensure while such permit is valid, that the structure is to be used only for non-commercial storage purposes.
(b) Intermittent garage sales may be held; however, permanent outdoor storage area shall at no time exceed 20% of the floor area of the structure.
(c) Hazardous materials as defined by OSHA, 29 Code of Federal Regulations (CFR) 1910.1200 shall not be stored in a personal storage building as permitted by this chapter.
(d) The floor area of the structure shall be limited to 1,000 square feet for any zoning lot less than or equal to one acre, and 1,000 square feet per acre, prorated, for any zoning lot greater than one acre.
(52) Pet care without kennels. Site standards. No outdoor containment of animals shall be located less than 250 feet from any residentially zoned property and 50 feet from any other adjacent property line.
(53) Pet care with kennels.
(a) Site standards. No outdoor containment of animals shall be located less than 250 feet from any residentially zoned property and 50 feet from any other adjacent property line.
(b) Screening and fencing. Kennel areas must be surrounded by an opaque fence not less than six feet in height and enclosed as to prevent escape.
(c) Additional requirements.
1. Kennels shall be designed to effectively buffer all noise audible to surrounding properties.
2. The kennel and surrounding area shall be cleaned of pet waste, uneaten feed, and other waste, and shall be always kept in a neat and sanitary condition to preclude odors and aesthetic nuisances.
3. One on-premises sign shall be permitted. The sign shall be no larger than nine sq. ft. unless approved by the Zoning Administrator.
(54) Public utility facility (large-scale). See Permitted Use Table NAICS Classification Number 2211.
(a) Site standards.
1. The following uses and structures shall be set back at a minimum, as follows, from all property lines and public rights-of-way:
A. Power plants: 100 feet.
B. Large-scale buildings/structures: 75 feet.
C. Small-scale buildings/structures: 40 feet.
D. Telephone exchanges: 15 feet.
E. Switching boxes, pump stations, collectors: may be located in the public right-of-way.
F. Any equipment producing noise or sound shall be set back 100 feet from any property line.
2. All storage must be located indoors; no outdoor storage shall be allowed.
(b) Screening and fencing. Utility facilities and all associated structures and equipment shall be enclosed with a security fence with a minimum height of eight feet and screened with either a minimum three-foot wide strip planted with dense evergreen vegetation or a 20-foot-wide strip of a natural wooded area. The vegetative buffer shall be located adjacent to the property line and between the property line and fence. Transmission line rights-of-way shall be exempt from the buffer requirements. Large-scale buildings/structures, small-scale buildings /structures, and telephone exchanges shall comply with the screening requirements found in §§ 154.015.
(c) Exemptions.
1. Exemptions to the dimensional standards, §§ 154.006, do not apply to any proposed appurtenances or other structures. Proposed appurtenances or other structures that exceed the maximum allowed height of the applicable zoning district must be issued a special use permit, as described in §§ 154.010, prior to construction.
2. Lines for the transportation, transmission, and distribution of utility commodities are exempt from the provisions of this division (C). This category includes, but is not limited to, electricity, telephone sewer, water, oil, steam, gas, and railroad track.
(55) Recycling collection center. See Permitted Use Table NAICS Classification Number 921.
(a) Site standards.
1. All structures associated with collection centers shall maintain standard setbacks applicable in the zoning district from street rights-of-way and twice the standard setbacks from any other property line.
2. All equipment producing noise or sound and waste or recyclable material containers shall be set back 100 feet from any property line.
3. All storage must be located indoors; no outdoor storage shall be allowed, other than waste containers.
(b) Screening and fencing. Collection centers and all associated structures and equipment shall be enclosed and screened in accordance with §§ 154.015. The buffer shall be located adjacent to the property line and between the property line and fence.
(56) Rehabilitation facility; sanitarium and mental institutions. See Permitted Use Table NAICS Classification Number 623.
(a) Site standards.
1. No facility or institution shall be permitted to locate or expand within one-half mile radius of any property used or zoned for residential purposes and any property used as a hospital, nursing or convalescent home, retirement home, life care community, school, or church.
2. Minimum lot size of five acres.
3. Minimum setbacks of two times the applicable setbacks of the corresponding zoning district.
(b) Screening and fencing. The use shall be totally enclosed by an opaque fence along all side and rear property lines. In addition, a vegetative buffer shall be planted along all side and rear property lines, leaving space for an ingress and egress location. The buffer shall be included as part of the required setbacks and shall meet the requirements of §§ 154.015.
(57) Resort; hotel; motel. See Permitted Use Table NAICS Classification Number 72.
(a) Site standards.
1. All structures, accessory structures, parking areas, recreation areas, and the like shall be set back twice the applicable setbacks for the corresponding zoning district.
2. Facility may consist of lodging, recreation facilities, assembly areas, convention areas and restaurants, which all contribute to the resort facility.
3. Facility may be located on one parcel, or multiple parcels in the same ownership.
4. If a resort is developed within a RE, RR, RL or RG District, the resort must be developed concurrently with a residential subdivision. Intermingling a resort with an established/existing residential subdivision is not desirable.
(b) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. The portion of the property/properties utilized for the resort and its associated activities shall be screened from adjacent properties. These buffers must meet the requirements of §§ 154.015.
(d) Operational requirements. Resort activities shall comply with the Surry County Noise Ordinance.
(58) Roadside stands.
(a) Site standards. Adequate off-street parking shall be provided.
(b) Additional requirements.
1. Roadside stands require a zoning permit signed by the operator and by the owner of the property.
2. Produce and/or flowers shall be sold directly to consumers on a temporary and/or seasonal basis.
3. The sale of items other than fresh produce or flowers shall be limited to items associated with the products and shall not be allowed as a principal use.
4. Roadside stands may be permitted for a maximum of six months but may be re-permitted upon submission of a new application.
(59) Rodeo. See Permitted Use Table NAICS Classification Number 71.
(a) Site standards.
1. All structures, accessory structures, parking areas, bleachers, stables, arenas, and like uses shall be set back at least 75 feet from all property lines.
2. There shall be one parking space for every three seats in the largest arena area associated with the rodeo.
(b) Lighting. Outdoor lighting shall be so designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. All parking areas, structures, accessory structures, bleachers, stables, arenas, storage areas and like uses associated with the rodeo shall be screened from adjoining properties used or zoned for residential or agricultural purposes. If existing topography and natural vegetation does not provide an existing visual barrier, selective screening may be required. Screening shall meet the requirements of §§ 154.015.
(d) Operational requirements.
1. Rodeo shall only hold events on Saturdays and Sundays.
2. Events shall be held between the hours of 7:00 a.m. and 11:00 p.m.
(60) Reserved for future use.
(61) Seafood product preparation and packaging.
(a) Site standards. The area surrounding the facility shall be kept clean of waste, and shall be always kept in a neat and sanitary condition to preclude odors and aesthetic nuisances.
(b) Additional requirements. The Zoning Administrator must receive proof of approval from the Environmental Health Division of the Surry County Health and Nutrition Center prior to permitting.
(62) Solar energy system, Level 2. See Permitted Use Table NAICS Classification Number 221114.
(a) Site standards.
1. The minimum lot size for this type of use shall be five acres.
2. Structures and fixed equipment shall be setback at least 50 feet from all property lines and public rights-of-way. The Planning Board may require greater setbacks on a case-by-case basis.
3. Height. Structures, including mounted solar collection systems, shall not exceed a height of 25 feet (excludes utility poles and antenna constructed for project). The Planning Board may lower the maximum height on a case-by-case basis as site conditions warrant.
4. Electric solar collection system components must have a UL listing.
5. All solar collection systems shall meet state building code requirements and the National Electric Code and shall be inspected by a county building inspector.
6. If proposed SES is within one mile of an existing airport, the FAA must be notified using FAA Form 7460-1. This can be sent to their regional ADO in Memphis, Tennessee.
7. Placement is not allowed in historical districts, such as the Village of Rockford.
(b) Screening. The portion of the property utilized for the facility shall be screened from adjacent properties and from road rights-of-way. These buffers must meet the requirements of §§ 154.015. Additionally, the Planning Board may require more extensive buffering and/or screening on a case-by-case basis.
(c) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(d) Additional requirements: decommissioning. A decommissioning plan should be recorded with Register of Deeds and signed by party responsible for SES addressing:
1. Conditions leading to decommissioning (i.e., lease ends, no power produced in 12 months, and the like).
2. Removal of non-utility owned equipment, conduit, structures, fencing, and foundations.
3. Restoration of property to condition prior to installation of SES.
4. Name or address of person responsible for decommissioning.
(63) Shopping centers. See Permitted Use Table NAICS Classification Number 4522.
(a) Minimum lot size of two acres.
(b) Buildings and accessory structures shall be located a minimum of 50 feet from any street right-of-way and 30 feet from any side or rear property lines.
(c) Buffers shall be installed meeting the requirements of §§ 154.015.
(d) A plan for solid waste storage, collection and disposal shall be approved by the Zoning Ordinance Officer.
(e) The total ground cover of all principal buildings and all accessory structures shall not exceed 30% of the total site.
(f) Ten percent of all parking areas shall be comprised of landscaped medians.
(64) Supermarkets. See Permitted Use Table NAICS Classification Number 44511.
(a) Site standards.
1. All structures and accessory structures shall be set back twice the applicable side and rear setbacks for the corresponding zoning district.
2. The proposed structures shall be designed to complement the community in which it is located, with an emphasis on blending with the surrounding rural framework.
(b) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. Buffers must meet the requirements of §§ 154.015.
(65) Wedding chapel. See Permitted Use Table NAICS Classification Number 813.
(a) Site standards.
1. All structures, accessory structures, parking areas, assembly areas, and the like, shall be set back twice the applicable setbacks for the corresponding zoning district.
2. Facility may consist of the wedding chapel and banquet rooms for receptions only.
(b) Lighting. Outdoor lighting shall be designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. The property utilized for the wedding chapel and its associated activities shall be screened from adjacent properties. These buffers must meet the requirements of §§ 154.015.
(d) Operational requirements.
1. Outdoor assembly areas shall be designed to soften noise related to on-site activities from negatively affecting adjoining or nearby properties.
2. Receptions such as wedding/baby showers, church-related events, and the like shall also be permitted within the facility. Owner should consult with the Zoning Administrator on proposed events not associated with a wedding for compliance with this chapter before holding said event.
(66) Wind energy facilities. See Permitted Use Table NAICS Classification Number 221115.
(a) Compliance with other county ordinances. Proposed wind energy facilities and additions of wind turbines to existing wind energy facilities reaching a total height from ground level of 40 feet or higher shall be considered as tall buildings or structures as defined in §§ 154.018; and shall not be construed as any one of the provided exceptions listed in that definition, if such development is proposed to be located on a protected mountain ridge as defined in §§ 154.018.
(b) Additional site plan requirements.
1. Engineer's certification that the facility as proposed will meet all industry standards for safety and durability.
2. A narrative describing the proposed wind energy facility, including an overview of the project.
3. The proposed total rated capacity of the wind energy facility.
4. The proposed number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
5. Identification and location of the properties on which the proposed wind energy facility will be located and of all adjacent properties, including information regarding owners and any leases or other agreements pertaining to the proposed wind energy facility.
6. 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), and transmission and distribution lines. The site plan must also include the location of all structures and properties, demonstration of compliance with the setbacks, and location of all electrical metering points and associated equipment.
7. Certification of compliance with applicable local, state, and federal regulations, such as FAA and FCC regulations.
8. An environmental assessment for large wind energy facilities, which shall be provided for review by the applicant to the Zoning Administrator and to NCDEQ. The applicant must also present a certification of distribution of the environmental assessment.
9. Other relevant information as may be reasonably requested by Surry County to ensure compliance with the requirements of this chapter.
10. 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 way the wind power project will be decommissioned and the site restored.
11. Throughout the permit process, the applicant shall promptly notify the Zoning Administrator of any proposed changes to the information contained in the permit application that would alter the impact of the project.
12. Changes to the approved application that do not materially alter the initial site plan in the estimation of the Zoning Administrator may be adopted administratively. The Zoning Administrator may waive this provision at his or her discretion.
(c) Height and setback requirements. Maximum height of a wind energy facility shall be determined by application of the setback standards below. The following setback requirements shall apply for wind energy facilities in any proposal where such a setback would exceed the general district requirements of §§ 154.006:
1. Small wind energy systems shall be set back a minimum distance of twice the wind turbine height as measured from the center of the proposed facility base to all property lines.
2. Large wind energy systems shall be set back a minimum distance of three times the wind turbine height as measured from the center of the proposed facility base to all property lines.
(d) Noise and shadow flicker. This provision shall only apply to large wind energy facilities.
1. Audible sound from a wind energy facility shall not exceed 55 dBA, as measured at any property line.
2. Shadow flicker at any building on surrounding property caused by a wind energy facility located within 2,500 feet of the building shall not exceed 30 hours per year.
(e) Installation and design.
1. The installation and design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute, and take into consideration local conditions.
2. All structural, electrical, and mechanical components of the wind energy facility shall conform to relevant and applicable local, state, and national codes.
3. Any on-site collector system shall be placed underground.
4. The visual appearance of wind energy facilities shall at a minimum:
A. Be a non-obtrusive color such as white, off-white, or gray;
B. Not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety; and
C. Not display advertising (including flags, streamers, or decorative items), except for identification of the turbine manufacturer, facility owner and operator.
5. The blade tip of any wind turbine shall, at its lowest point, have ground clearance of no less than two-thirds the height of the tower to the center of the turbine; or 15 feet, whichever is greater.
(f) Decommissioning.
1. The wind energy facility owner shall have six months to complete decommissioning of the facility if no electricity is generated for a continuous period of 12 months.
2. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, and any other associated facilities down to 36 inches below grade.
3. Disturbed earth shall be graded and re-seeded unless the landowner requests in writing that the access roads or other land surface areas not be restored.
(67) Winery; craft distillery including tasting rooms (less than 15,000 gallons of craft spirits per year); micro-brewery (less than 15,000 gallons of malt beverages per year). See Permitted Use Table NAICS Classification Number 7224.
(a) Site standards.
1. Facility must be located in such a manner that visual impact to adjoining properties used or zoned for residential or agricultural purposes is minimal.
2. All structures, buildings, storage areas, and the like (except fences or walls) associated with the operation must be set back a minimum of 75 feet from all property lines or street rights-of-way. The Planning Board may require greater setbacks on a case-by-case basis for large- scale wineries.
3. A facility serving as an established cooperative winery may be permitted without the presence of an on-site vineyard, if in the Board's estimation, the facility will benefit, cater to, and serve the independent vineyards of Surry County and surrounding areas. Cooperative wineries shall be allowed in commercial zoning districts regardless of the existence of an on-site vineyard.
(b) Lighting. Outdoor lighting shall be so designed to minimize light from directly hitting adjacent property or any public right-of-way.
(c) Screening and fencing. All parking and storage areas, as well as the operation itself, shall be screened from adjoining properties used or zoned for residential or agricultural purposes. If existing topography and natural vegetation does not provide an existing visual barrier, selective screening may be required. Screening shall meet the requirements of §§ 154.015.
(d) Additional requirements.
1. Festivals to be held in conjunction with the operation may occur no more than four times per year on-site. Intent to convene festivals on-site shall be disclosed on the site plan and the owner shall submit documentation that complies with §§ 154.010 with the application for a special use permit. Maximum occupancy for any on-site festival shall also be disclosed.
2. The maximum number of bottles to be produced and/or total volume of wine, beer or spirits to be produced on-site shall be disclosed on the site plan.
(68) Wireless communication towers. See Permitted Use Table NAICS Classification Number 5173. These requirements are intended to promote and protect the public health, welfare, and safety by regulating existing and proposed wireless communication towers. They are intended to protect property values, create a more attractive economic and business climate and to enhance and protect the scenic and natural beauty of designated areas.
(a) Development application. Before developing a tower, the tower owner must apply for and receive a special use permit, unless otherwise stated in this subchapter. The tower owner shall prepare an application for review by the Planning Board and other applicable government agencies.
1. Area map. The application shall contain an area map prepared by a registered land surveyor on a full sheet or full sheets of the Surry County tax maps showing property to be developed. The area map shall show the following:
A. The boundary of the property to be developed;
B. The names and addresses of adjoining property owners;
C. The location of existing streets, buildings, railroads, transmission lines, sewers, bridges, culverts, drainpipes, and easements, to the extent that these may be ascertained from a field inspection by the county;
D. Municipal boundaries and extraterritorial jurisdictions, township lines, and zoning district classifications;
E. Name of the applicable fire district;
F. Topography, proximity to streams, susceptibility to flooding as determined from available flood maps, soil characteristics and other natural features which may impose restrictions on the development of the site; and
G. Distance to airports in Elkin and Mount Airy.
2. Detailed development plan. The application shall contain a detailed development plan showing the following information on a sheet not less than 18 inches by 24 inches drawn at a scale of sufficient size to show all required information, including additional information accurately and clearly as required with the area map. The detailed development plan shall be recorded with, or as part of, the boundary survey in the Office of Register of Deeds. Approved detailed development plans shall be recorded before issuance of a zoning permit.
A. Name and address of owner and surveyor, engineer, and land planner;
B. Scaled vicinity map inset showing the location of the tower in relationship to nearby towns, communities, and roads;
C. Boundaries of tract to be developed shown with bearings and distances as established by the boundary survey;
D. Site data table, including total square footage of lease or purchase site, impervious surfaces calculations and total acreage;
E. Proposed rights-of-ways or easements, location, widths, and purposes;
F. Proposed setback lines from property boundaries;
G. Title, date, north arrow, and graphic scale; and
H. Watershed designation, if applicable.
3. Additional information. In addition to the detailed development plan, the application shall contain the following:
A. A letter from the N.C. Division of Highway Engineers indicating that his or her office has reviewed the area map and site plan and specifying any problems such as highway access or right-of-way encroachments, which need to be resolved prior to approval of the application;
B. A letter stating approval of a sedimentation and erosion control plan from NCDEQ;
C. Identification of the intended wireless user(s) of the tower. A statement indicating the owner's intent to allow shared use of the tower and how many other users can be accommodated;
D. Documentation provided by a registered engineer that the tower has sufficient structural integrity to accommodate more than one user;
E. Documentation by the applicant that no suitable existing facilities within the coverage area are available to the applicant;
F. Proof of ownership of the proposed site or authorization to utilize it;
G. Landscape and lighting plan; and
H. FAA certification that the tower is not a hazard to air navigation.
4. Additional requirements. The application shall also be accompanied by the following items:
A. Written indemnity document from the property owner and the applicant; and
B. Certificate of insurance to the county showing applicant's liability arrangements.
(b) Development standards. Towers and associated equipment shall be subject to the following development standards:
1. Towers shall not interfere with normal radio and television reception in the vicinity. Commercial messages or signage shall not be displayed on any tower. Violations shall be corrected under the enforcement provisions of this chapter.
2. All towers regardless of height must be registered with the FAA to ensure that such towers are appropriately constructed, marked, painted and lighted so that they do not create a hazard to air navigation. Lighting shall meet the Federal Aviation Administration (FAA) minimum lighting requirements. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements.
3. Towers shall be constructed and maintained in conformance with all applicable Building Code requirements.
4. In order to protect the public from unnecessary exposure to radio frequency emissions, the tower owner shall provide accurate documentation certifying that the power output levels do not exceed FCC federally approved levels.
5. Towers may be constructed to a height of 199 feet. If the Board of Adjustment grants a variance, it shall not permit a tower to exceed a height of 300 feet.
6. All towers shall be self-supporting, of either monopole or lattice construction.
7. No new tower shall be located within two miles of an existing tower. The Planning Board may allow a tower to be placed within two miles of an existing tower upon being presented written documentation that supports one of the following:
A. Appropriate space on the tower is not available;
B. The new sponsor has made good faith efforts to negotiate an agreement with the owner of the current tower and submit documents outlining those negotiations;
C. Equipment currently on the tower is not compatible with the proposed equipment; or
D. The coverage objective cannot be met at that location with the provisions set forth herein.
8. All new towers shall be engineered and constructed in such a manner as to be able to accommodate at least two or more antennas so that future co-location may be possible. In addition, reasonable accommodation for public service uses such as, but not limited to, local or state government wireless communications systems, is suggested.
9. No outdoor storage yards shall be permitted on tower sites.
10. Towers must comply with the requirements of the National Environmental Policy Act (NEPA) which addresses such things as wilderness areas, wildfire preserves, endangered species, historical sites, Indian religious sites, floodplain, wetlands, high intensity white lights in residential neighborhoods, and excess radio frequency emissions. Prior to final application, the applicant shall be required to submit documentation that all the requirements of the NEPA have been met.
11. Towers must meet the ANSI/EIA/TIA-222.E standards and the North Carolina Department of Insurance, Building Code Standards.
12. Towers that are located within the viewshed of Pilot Mountain State Park, Raven Knob Scout Reservation, and Cumberland Knob Recreation Area must not detract from surrounding said viewsheds. Applicants shall provide a viewshed visibility analysis depicting how the tower will appear from multiple given points within Pilot Mountain State Park, Raven Knob Scout Reservation, and Cumberland Knob Recreation Area, as applicable. The applicant shall determine these points with the Zoning Administrator prior to submission of the viewshed visibility analysis. The Zoning Administrator shall consult with the appropriate staff at Pilot Mountain State Park, Raven Knob Scout Reservation, and Cumberland Knob Recreation Area for their comments regarding viewshed impacts. The Planning Board shall consider the impact of the tower on the applicable viewshed when determining its suitability.
13. Towers shall comply with §§ 154.018.
(c) Dimensional requirements. Towers shall conform to the following dimensional requirements:
1. Towers shall be set back two and one-half times the height of the tower from any residential or non-residential structure on the same parcel or on parcels in the vicinity of the tower site.
2. Towers shall be set back the height of the tower from all property lines.
(d) Buffers. To prevent a clear view of the base of the tower, the setback area shall contain an established forested area with a depth of at least 100 feet. When the 100-foot forested area requirement cannot be met because of the lack of the sufficient natural vegetation, a planted buffer shall be planted as required below:
1. The base of the tower, and any associated structures, walls or fences shall be surrounded by a landscaped buffer. The developer shall:
A. Provide the landscape buffer around the tower base; or
B. Provide a buffer around the perimeter of the entire site.
2. For safety purposes, all towers shall be screened in the form of a wall or fence, such wall or fence shall be opaque and shall be composed of materials such as wood, brick, or metal with a height of no less than eight feet.
3. The planting shall consist of deciduous or evergreen trees and evergreen shrubs. Trees shall be planted along the full length of the buffer strip in a triangular pattern with a maximum spacing of 25 feet on centers. The minimum height at planting for trees shall be six feet, and they shall have an expected minimum maturity height of 35 feet under normal growing conditions. There shall also be one row of dense shrubs, spaced not more than eight feet on centers. Shrubs shall be a minimum of two feet in height at planting and shall have a minimum expected maturity height of eight feet under normal growing conditions. It is the intent of this section to encourage the use of existing vegetation, in whole or in part, to substantially meet this requirement. The tower owner is responsible for maintaining the buffer at all times.
(e) Road requirements. Access to the tower site shall be provided by a deeded easement of no less than 30 feet in width. The road base shall be no less than eight feet in width with a three-inch gravel base. Unless the easement is a common use easement, it shall be gated for security purposes. Each site shall have two signs composed of night reflective material, two inches by two inches, which state the name of the owner and an emergency contact number. Each sign shall be in a conspicuous place.
(f) Co-location. To further encourage co-location, additional users, and associated equipment, which do not add to the tower height, may be added without additional approval from the respective county boards; all zoning approvals for co-locations as provided in this section shall be finalized within 45 days after the date of application. However, additional Building Code regulations may apply, and a site plan in accordance with this subchapter must be submitted to the Zoning Administrator. The Zoning Administrator shall review and approve or disapprove the application based on the provisions provided herein.
(g) Removal of towers. Towers which are not used for transmission or relay for a period of six months or more shall be removed by the owner within 180 days after receiving notice from the county to remove said tower. The tower users shall notify the Zoning Administrator within 30 days after discontinuing the tower use and submit its removal plans. Furthermore, a form of surety equal to 100% of the cost of decommissioning under the plan, as estimated by a North Carolina licensed engineer (under seal), and approved by the Zoning Administrator and County Attorney, either through cash, a surety performance bond, irrevocable letter of credit or other instrument readily convertible into cash at face value, shall be provided at the time of application approval, either with the county or in escrow with a financial institution designated as an official depository of the county. This surety shall be retained by the county to cover all cost of the decommissioning requirements.
(h) Modification of permits and site plans. Where plans are required to be submitted and approved as part of the application for a special use permit, modifications of the originally approved plans may be authorized by the appropriate approval authority for major or minor modifications. Major modifications of the site plan, which is a part of the permit, are permitted following a quasi-judicial hearing consistent with §§ 154.010. Minor modifications, defined as those involving addition of no more than ten feet to the tower height, no more than one additional antenna, addition of no more than 20 feet to the width of the support structure, or addition of no more than 2,500 square feet to the existing equipment compound, may be permitted without additional approval from the respective county boards; all zoning approvals for minor modifications as provided in this section shall be finalized within 45 days after the date of application. Additional building code regulations may apply.
(i) Low cover stealth wireless systems.
1. This provision is designed to assist the development of wireless coverage in rural areas that will not benefit from the construction of a wireless communication tower. Wireless communication antennae and supporting equipment that are developed in a small-scale, stealth manner to be located on existing structures (i.e., utility poles or rooftops) that were constructed for purposes other than supporting wireless communication equipment, shall be permitted administratively.
2. Application shall be made to the Zoning Administrator meeting the following requirements:
A. Maximum height of the wireless antennae shall be determined by the height of the existing structure, not to exceed 100 feet above ground level. The existing structure shall only be replaced if the structural integrity will not support the proposed wireless system. The height of the new structure shall not exceed the height of the existing structure. If the wireless antenna is placed on a rooftop, the height of the antenna shall not exceed six feet above the rooftop.
B. Minimum distance between two structures with antennas shall be 2,000 feet.
C. Antenna size shall be no greater than six square feet; no more than three antennas per structure.
D. Equipment cabinet/shelter shall be no larger than 12 square feet and shall be guarded from tampering by the public.
E. Application shall comply with division (C)(68)(a) above as well as other sections of this chapter as the Zoning Administrator deems necessary. However, the following sections of this code shall not apply to low coverage stealth wireless systems: divisions (C)(68) (c) through (68)(e) above.
(Ord. passed 4-17-2023)