In addition to the conditions listed above for special uses, some uses, which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several such uses are concentrated under certain circumstances, which can thereby cause a detrimental effect upon adjacent areas. Conditional regulation of these uses is necessary to insure that these negative effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These conditional regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area (i.e. not more than 1 such use within 1,000 feet of each other which would create such adverse effects). The requirements for each use that follows are additional requirements to the requirements listed in § 156.082 and §§ 156.030 through 156.033, 156.040 through 156.063:
(A) Adult entertainment establishments.
(1) Dimensional requirements. No adult entertainment establishments may be located within 1,000 feet of another adult entertainment establishment. That distance shall be measured from the exterior walls of the building(s) containing such regulated use.
(a) No adult entertainment establishment may be located within 1,000 feet of any residential use or from the property line of the adult establishment to the property line of the residential unit (s), churches, synagogues, temples, nursery schools, child care centers and public or private schools in all zoning zones, which will be measured from the property line(s) containing such regulated use. Areas zoned for residential use shall be classified as A-R, R-30, R-20, R-10, R-M-H-C, and shall include residential uses in the O-S and W-O-Z Zones.
(3) A required plan shall be submitted that shows the location of existing structures on property within 1,000 feet of exterior wall(s) of the regulated use, and the zoning properties within 1,000 feet of each property line of the regulated use from the property line of the adjacent use.
(4) Hours of operation shall be between 11:00 a.m. and 10:00 p.m., Monday through Thursday and until 12:00 a.m. on Friday and Saturday.
(5) All viewing booths shall be open and visible to the manager(s) of the establishment.
(6) If applicable, no viewing booth shall be occupied by more than 1 person at a time.
(7) If applicable there shall be a minimum separation of 6 feet between patrons and performers.
(8) Servers of food and beverage shall at all times wear a shirt and pants.
(9) No nude or semi-nude service/entertainment of any kind shall be allowed outside the building of a regulated use.
(10) The adult establishment shall be limited to 1 wall sign per premise; the sign shall be internally lighted, and shall be allowed maximum size of 20 square feet.
(11) No adult establishment shall allow, permit or condone patronage of any person under the age of 18 years of age upon the premises of the business.
(B) Airports (include heliports, private landing strips and general aviation).
(1) An airport under this section and as defined in § 156.015 shall demonstrate compliance with the following requirements:
(a) Heliports (see § 156.015, refers to the entire site): Dimensional requirements for this use shall be a minimum site of 5 acres.
1. Setbacks from helicopter pads shall be at least 100 feet for each helicopter operating from the facility, up to a maximum setback of 400 feet.
(b) Private landing strips: Dimensional requirements for this use shall be a minimum of 10 acres.
1. An area equal to 15% of the runway length shall be within the site at both ends of the runway.
2. The setback from the runway shall be a minimum of 100 feet for each aircraft operating from the facility, up to a maximum of 400 feet.
3. No dwelling unit shall be within 500 feet of either end of the runway.
(c) General aviation airport: Dimensional requirements for this use shall be 100 acres. Development plans for this classification shall be submitted with a noise impact assessment. Said assessment shall identify the initial 20 year projected day-night level (DNL - see § 156.015) noise contour lines beginning with 50 DNL and proceeding to 75 DNL.
1. The 20 year, 70 DNL line shall be completely contained within the airport property, or adjacent land that has been granted a noise easement.
2. If the 55 DNL area expands, land use plan for all land within the 55 DNL noise contour shall be submitted.
3. This plan shall indicate the feasibility of restricting such land to non-residential uses.
4. Airport approval shall be based on the ability to minimize noise intrusion (pollution) to existing residential areas and to prohibit residential development that would limit future airport expansion.
5. Once established, Vance County shall require all re-zonings that would permit residential use within the 20 year, 55 DNL noise contour to record the noise contours on the property.
6. All developments and all individual lot surveys would be required to identify (illustrate) the noise contours, to be indicated on the preliminary and final plats as reviewed by the Vance County Planning and Development Department and Vance County Planning Board. In addition, to be included on the final recorded plat for the development, a warning would accompany all such lots to indicate that Vance County will not limit future airport expansion due to residential development within the 55 DNL noise contour.
7. This use (general aviation airport) shall be separated from all residential districts and schools by a minimum of 1,500 feet.
(C) Automobile and other storage, parking, junk, salvage, or wrecking yards including manufactured home storage and/or junk yard.
(1) For the purpose of protecting the residents of Vance County from possible injury at junkyards (also called salvage yards), preserving the aesthetic quality of the local natural resources, preserving the integrity of land in close proximity to residential areas, and protecting and enhancing the economic viability and interest of the county residents, the following minimum standards for salvage/junkyards apply:
(a) Dimensional requirements:
1. Minimum parcel size shall be at least 4 acres excluding right-of-ways; and
2. Minimum setback from any property line to any buildings (except existing buildings), equipment, operations (except roads) or junk shall be at least 50 feet excluding right-of-ways, unless an opaque or semi-opaque fence is utilized then the setbacks from property lines shall be at least 25 feet.
(c) Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
(d) Existing nonconforming junkyards and/or salvage yards:
1. All existing junkyards and/or salvage yards have previously been given an amortization period of 30 days from June 2, 2008 (adoption of original junkyard ordinance, Ord. No 37). As such, junkyards and/or salvage yards not registered during that time are considered new and shall adhere to the regulations for such new establishments. Existing junkyards and/or salvage yards are exempt from the following within this section:
a. Division (C)(1)(a)1.
b. Division (C)(1)(e)2.
c. Division (C)(1)(e)3.
d. Division (C)(1)(e)4.
2. Owners and operators of junkyards and/or salvage yards shall be registered with the NC Department of Revenue.
3. Shall comply with state and federal requirements for commercial uses and all applicable environmental requirements.
(e) New junkyards and/or salvage yard approved as a special use:
1. Shall have a site plan approved.
2. No junk, salvage, or wrecking yard shall be located closer than 1,000 feet to a pre-existing church, school, day care center, nursing home, skilled health care facility, hospital, public buildings, public recreation facilities, historical buildings, lakes, watershed areas, floodplain areas, residences, or residential areas (excluding residence of the owner or his agent).
3. No junk, salvage, or wrecking yard shall be located less than 1,000 feet from any property used or zoned for residential purposes. Areas zoned for residential use shall be classified as R-30, R-20, R-10, R-M-H-C, and shall include residential uses in the O-S and W-O-Z Zones.
4. Shall not have a driveway or entrance roadway located closer than 60 feet from any side property line; and
5. Shall be fenced and screened completely, at minimum, with a protective fence, and screened from public view with vegetation.
6. Shall be registered with the NC Department of Revenue.
7. Shall comply with state and federal requirements for commercial uses and all applicable environmental requirements.
(f) Annual inspections of junkyards/salvage yard:
1. The Vance Granville Health Department or NC DENR shall inspect each junkyard annually to determine that no vectors are present. Should vectors be identified, the owner, operator or maintainer shall immediately take steps to eliminate such vectors and shall submit satisfactory evidence to the Health Department and the Planning and Development Department that such vectors have been eliminated.
2. Annual fire and safety inspections shall be made by the Vance County Fire Inspector or designee and a certificate of compliance issued. Failure to comply with inspection requirements may result in revocation of permits or other penalties and remedies as provided for in §§ 156.020, 156.021 and 156.999.
(D) Commercial and/or non-residential uses in residential zoned areas.
(1) Dimensional requirements: The Zone dimensional requirements shall apply.
(3) Lighting: Lighting must be directed away from adjacent property and roadways. Lighting shall be directed onto the applicant’s site only.
(E) Electronic gaming operations.
(1) Days/hours of operation: Businesses engaging in electronic gaming operations activities may operate from 8:00 a.m. to 10:00 p.m. Sunday through Thursday and 8:00 a.m. to 12:00 midnight Friday and Saturday nights.
(2) The maximum number of machines/terminals/computers for any electronic gaming operations business is 20.
(3) Minimum paved parking spaces:
(a) One space per every 2 terminals or 1 space per every 100 square feet of total floor area, whichever is greater;
(b) One handicapped space per every 25 or fewer spaces;
(c) One in every 8 accessible spaces, but not less than 1, shall be served by an access aisle 96 inches wide minimum and shall be designated “van accessible”;
(d) One additional space per each 1 employee.
(4) If food or beverage is served, the establishment must meet the requirements of the Vance County Health Department, including any and all necessary permits and/or licenses.
(5) The establishment must be a minimum of 300 feet from any building being used as a dwelling.
(6) The establishment must be a minimum of 2,000 feet from any other organization engaged in an electronic gaming operations business or any adult or sexually oriented business.
(7) The establishment must be a minimum of 2,000 feet from any established religious institution/synagogue, school, daycare center/home; library, public park, recreation area or motion picture establishment where “G” or “PG” rated movies are shown to the general public on a regular basis.
(8) A straight-line drawing shall be prepared by a registered land surveyor depicting the property lines and the structures containing any existing electronic gaming businesses within 2,000 feet of the property; the property lines of any established religious institution/synagogue, school, daycare center/home; library, public park, recreation area or motion picture establishment where “G” or “PG” rated movies are shown to the general public on a regular basis that is within 2,000 feet of the property. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
(9) Measurement of distance separation shall be in a straight line from the closest point of the buildings at which the internet café/sweepstakes business is located.
(F) Industrial uses in non-industrial zones.
(1) Dimensional requirements: The Zone dimensional requirements shall apply.
(G) Landfill (demolition, sanitary, land clearing inert debris).
(1) Distance requirements (only applies to demolition or sanitary landfills): The landfill or any structure must be a minimum of 1,000 feet from any residential structure on surrounding properties. An owner occupied residence on the property of the tract is allowed. All buildings, including accessory garages or storage buildings, shall be set back a minimum of 100 feet from all property lines and street right-of-ways.
(a) Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
(b) Screening is required which completely screens from view the stored items. Such screening shall be a durable wall or fence at least 8 feet high in addition to a minimum 15 foot wide vegetated strip around the entire perimeter of any outdoor storage area. This vegetated strip shall consist of a naturally wooded area or planted with a mixture of evergreen and deciduous trees and shrubs to simulate a naturally wooded area.
(3) Licensing requirements.
(a) LCID (Land Clearing Inert Debris) landfills minor, under two acres, require a copy of the facility plan approved by NCDEQ to be filed with the county planning department. Landfills major, greater than two acres, require a copy of the licensing issued by the North Carolina Division of Waste Management to be filed with the County Planning Department.
(b) LCID (Land Clearing Inert Debris) landfill facilities may not operate prior to 7:00 a.m. or after 7:00 p.m. unless allowed by the County Manager in responding to excess debris resulting from a natural disaster.
(H) Mining and quarrying or other extraction operations.
(1) Additional site plan requirements:
(a) The names and addresses of property owner(s) or developers(s) and the designer or registered surveyor or professional engineer, if the plans are drawn other than by the property owner, operator or developer.
(b) Date, scale and approximate north arrow.
(c) Boundaries of the tract, parcel, plot or lot shown with bearing and distances.
(d) Buffers, ingress and egress, surrounding land usage and any other specific information pertinent to the parcel, plot or lot.
(e) A vicinity map showing the location of the parcel, plot or lot.
(f) The names for each adjoining property owner, shown on the parcel, plot or lot they own.
(g) Land contours with vertical intervals of not less than 10 feet. U.S.G.S. 7.5 Minute Topographical Quadrangle Maps are acceptable.
(h) When an expansion is being requested, the size and location of any existing area that is being operated as a mine or mining operation.
(i) A letter or other certification of approval must be submitted from the North Carolina Department of Transportation, as to the safety and design of the access or entrance on to a state maintained street or road from the mine. In place of this requirement, the applicant may submit a completed application as required by the State of North Carolina for a mining permit.
(2) Access: Access to a mine or mining operation must be from a road or street that is a state maintained road or a private road with a right-of-way width of not less than 30 feet and a cleared or drivable area of not less than 20 feet. Any ingress or egress that does not abut one of the above roads, entrance etc. must also have a right-of-way width of not less than 30 feet and a cleared and drivable area that is adequately maintained at all times for vehicular travel and that is at least 20 feet in width.
(3) Screening and buffering: An area of land, which shall not be less than 150 feet in width, (unless the Board of Adjustment approves a lesser width) shall be provided along all boundaries of the affected land with the exception of permitted ingress and egress to public roadways. This buffer area may be left in a natural vegetative state if sufficient visual buffering is provided otherwise the buffer, where practicable, must be planted with trees, shrubs or plants that create a visual screen. Trees, plants, and ground covers to be planted must be native to the area and trees shall not be less than 8 feet in height when mature. Alternatively, an earthen berm (or berms) may be placed within the buffer for visual screening. Any berm must have a vegetative groundcover and side slopes sufficient to minimize erosion. If the berm(s) is (are) less than ten feet in height, trees not less than 6 feet in height at the crown shall be planted on the berm(s) to supplement visual screening.
(4) Additional considerations: In the case of denial because all the requirements of this section were not met, the application may be resubmitted when all requirements have been met, with no additional fee required, provided the plan is resubmitted within 180 days of the notice of rejection or denial. Following approval by the Vance County Board of Adjustment, the Zoning Administrator is authorized to issue a special use permit. No site disturbing activities are allowed until all required permits have been issued by the State of North Carolina, including but not limited to a mining permit, an air quality permit and a water quality permit.
(5) If compliance with all terms of approval by the Vance County Board of Adjustment has not been completed within 1 year (365 days) from the date of approval of the application by the Board of Adjustment, the approval of the application and special use permit shall be null and void and a new application must be submitted, unless the Board of Adjustment authorizes an extension beyond the 1 year time limit.
(I) Non-single-family residential: multi-family residential, group homes, camp or care centers and campground, public and private (including recreational vehicle park), manufactured home parks (see the Vance County ordinances for requirements to establish manufactured home parks), motels, hotels, and other temporary residential use
(1) Non-single-family residential (multi-family residential).
(a) Dimensional requirements: Large scale multi-family dwelling developments shall comply with the lot, yard, and height requirements of the district in which the development is located, unless otherwise provided herein or by the Board of Adjustment. The dimensional requirements shall apply to the entire development proposal rather than to only individual structures.
(b) Landscaping, buffers, and screening: Outdoor storage must meet the requirements of § 156.054. Screening and buffering must be provided in accordance with § 156.055.
(c) Other requirements: Individual structures shall be separated by at least 40 feet end-to-end, and 50 feet in all other configurations. No multi-family structure shall be more than 200 feet in length. There shall be provided a minimum of 300 square feet of usable open space for each multi-family unit. Such open space shall be improved active and passive recreation areas for the use of residents thereof.
(d) Roads: Private, hard surface, drives are required. Individual structures or land uses need not front on a public street. Private drives shall allow for public safety vehicles to efficiently maneuver. The developer shall provide an assurance bond as outlined in § 156.062, acceptable to the Board of Adjustment, that the owner, homeowners association, or agent thereof, will assume maintenance responsibilities for all private drives.
(e) Utilities: Utilities, including storm sewers, sanitary sewers, refuse collection; water system shall be submitted by the project engineer for review by the Vance County plan review staff. As-built drawings of the facilities will be required where the utilities are to be dedicated to, and accepted by, the county, city or state, or any other public entity. The developer shall provide assurances, acceptable to the Board of Adjustment, that the owner, homeowners association, or agent thereof, will assume maintenance responsibilities for all private utility systems.
(2) Camp or care centers and campground, public and private (including recreational vehicle park).
(a) Dimensional requirements: In areas with developed campsites, separate sanitary facilities for both sexes (including showers) shall be available within 400 feet of each campsite and drinking water shall be available within 100 feet of each campsite.
(b) In areas with developed campsites (those with paved/gravel camp sites and accessory structures for use by patrons), a camp store may be provided, which may sell camping supplies, e.g. food, ice, personal supplies, etc.
(c) In primitive camping areas (those without paved/gravel camp sites and no accessory structures), drinking water and sanitary facilities shall be available within 1,200 feet of the campground.
(d) In areas with developed campsites, each campsite shall have a minimum of parking for 2 vehicles.
(e) Adequate lighting shall be provided for all common areas, including interior lighting in any building open at night. All sanitary facilities and dumping areas, water faucets, parking areas (other than at each campsite), recreation areas, and other service buildings and general use sites shall be lit at night, either with a light mounted on the building or as a pole light. In developed camping areas, lights will be installed along walkways to water and sanitary facilities and at roadway or driveway intersections.
(f) All outdoor lighting shall have a total cutoff at 90 degrees.
(h) Additional plan requirements:
1. Topography of the site, at contour interval no greater than 5 feet.
2. Natural features such as streams, lakes or ponds, rocky outcrops, wooded areas, marshes, meadow land, or any other site in interest.
3. Historic sites and cemeteries.
4. Location and approximate size of all buildings and structures within 500 feet.
5. Proposed layout of campground, natural and developed camping areas (includes individual sites, cabins, recreation areas, drinking water outlets, sanitary disposal facilities, comfort stations, other service buildings.
6. In submitting a preliminary plan with the special use permit application, upon completion of review by the Board of Adjustments, if there are no changes to be made to the preliminary plan and the special use permit is approved, then no final plan review is required.
(i) Additional site operational requirements:
1. In developed camping areas, an attendant will be on the site 24 hours a day while the campground is open for business.
2. A public phone in working order shall be available.
3. A fire extinguisher shall be available at each service building and at the office.
4. Individual campsites and general use areas shall be kept clean and free from garbage, refuse, litter, and other conditions, which can lead to the transmission of disease, breeding of rodents and insects, and which may present a fire hazard or contribute to the spread of fire.
5. All sanitary, laundry, and drinking water facilities shall be maintained in a clean, sanitary condition and kept in good repair at all times.
(3) Manufactured housing parks: (Refer to the Vance County Manufactured Housing Park Ordinances, Chapter 152 of this Code for requirements to establish manufactured housing parks). Where applicable to develop a manufactured home community (also called a mobile home park) in other zoning categories as identified in this chapter, the more restrictive regulations of that particular zoning category shall apply in addition to the development standards as outlined in Chapter 152.
(4) Motels, hotels, and other temporary residential use.
(a) Dimensional requirements: The zone dimensional requirements shall apply.
(c) Lighting: Lighting must be directed away from adjacent property and roadways and shall be directed onto the applicant’s site only.
(f) Other requirements:
1. Roads: Private, hard surface, drives are required. Individual structures or land uses need not front on a public street. Private drives shall allow for public safety vehicles to efficiently maneuver. The developer shall provide, an assurance bond as outlined in § 156.062, acceptable to the Board of Adjustment, that the owner, homeowners association, or agent thereof, will assume maintenance responsibilities for all private drives.
2. Utilities: Utilities, including storm sewers, sanitary sewers, refuse collection, and water system shall be submitted by the project engineer for review by the Vance County plan review staff. As-built drawings of the facilities will be required where the utilities are to be dedicated to, and accepted by, the county, city or state, or any other public entity. The developer shall provide assurances, acceptable to the Board of Adjustment, that the owner, homeowners association, or agent thereof, will assume maintenance responsibilities for all private utility systems.
(J) Public and semi public uses; facilities and buildings including schools, colleges, hospitals, parks, community centers and other similar uses.
(1) Dimensional requirements: The Zone dimensional requirements shall apply.
(3) Lighting: Lighting must be directed away from adjacent property and roadways. Lighting shall be directed onto the applicant’s site only.
(K) Radio and television studios.
(1) Dimensional requirements: The Zone dimensional requirements shall apply. Transmission towers shall be setback a minimum distance that equals half the towers height subject to engineering plans and requirements.
(3) Lighting: Lighting must be directed away from adjacent property and roadways. Lighting shall be directed onto the applicant’s site only.
(L) Recreation, outdoor (including, but not limited to, ball fields, swimming pools, horseback riding trails, saddle clubs and community rodeos).
(1) Dimensional requirements: The Zone dimensional requirements shall apply.
(3) Lighting: Lighting must be directed away from adjacent property and roadways. Lighting shall be directed onto the applicant’s site only.
(4) Access: Adequate space must be provided on the site that allows vehicles to exit onto the street without backing into the road, highway, or street.
(6) Hours of operation: Hours of operation are limited to 7:00 a.m. to 10:00 p.m. with the exception of any use that may require overnight stay, such as a bed and breakfast or campground.
(M) Shooting ranges.
(1) The purpose of the following requirements is to promote and to protect the public health, welfare, and safety by regulating existing and proposed shooting ranges. The requirements are intended to minimize the adverse effects on adjoining properties relating to shot containment and noise mitigation. Each shooting range facility shall be designed to contain the bullets, shot, arrows and ricochets discharged on or within the range facility. Each shooting range shall also be designed to minimize off-site noise impacts generated by the activities conducted on the range facility. This section does not otherwise apply to the general discharge of firearms or the use of bows and arrows in accordance with other applicable laws and regulations.
(3) Performance standards: The following performance standards shall apply to all shooting range facilities:
(a) Shot containment. Shooting range facilities shall be designed to contain all of the bullets, shot, arrows or other projectiles or any other debris on the range facility.
(b) Noise mitigation. Noise levels measured at the property line shall not exceed 65 dBA when located adjacent to residential or commercial property or 75 dBA when adjacent to industrial property.
(4) Development requirements:
(a) Minimum design requirements. Where not otherwise specified within this chapter, shooting range facilities shall apply for and have a Range Technical Team Advisor from the National Rifle Association (NRA) or an equivalent organization inspect and evaluate the range according to the guidelines specified by the NRA’s Range Source Book: A Guide to Planning and Construction, current edition, and follow the suggestions made by the advisor.
(b) Setbacks. Notwithstanding the performance standards above the following setbacks shall apply.
1. All shooting stations and targets on a range facility shall be located a minimum of 300 feet from any property line; and
2. The surface danger zone shall be contained within the leased boundary line of the range facility on leased land or the property boundary line for non-leased land.
(c) Warning signs. Warning signs meeting National Rifle Association (NRA) guidelines for shooting ranges shall be posted at 100 foot intervals along the entire perimeter of the shooting range facility and along the entire perimeter of the property lines in the same intervals.
(d) Distance from occupied dwelling. All shooting stations, targets, and firing lines shall be located at least ½ mile from any existing, occupied dwelling.
(e) Access to facility. Access to the facility and shooting range shall be secured and controlled, with ingress and egress permitted only during operating hours as established below. Prior to issuance of a permit, a valid driveway permit must be obtained from North Carolina Department of Transportation.
(f) Written variance. The distance requirements of this section may be varied with written permission in the form of an affidavit from all adjoining property owners and all rightful leaseholders of dwellings located within the ½ mile surrounding area affected thereby, except that written approval is not needed for any adjoining land owned by the State of North Carolina.
(5) Operational requirements:
(a) Maintenance. Where not otherwise specified within this chapter, shooting range facilities shall be operated and maintained in a manner that shall meet or exceed the guidelines as specified by the Range Technical Team Advisor upon inspection going by the guidelines in the NRA’s Range Source Book: A Guide to Planning and Construction, current edition.
(b) Best management practices. Outdoor shooting ranges shall provide a plan outlining its best management practices (BMPs) relating to lead management. Said plan shall meet or exceed the guidelines as specified by the Environmental Protection Agency’s (EPA) Best Management Practices for Lead at Outdoor Shooting Ranges, current edition.
(c) Hours of operation. Shooting ranges shall be allowed to operate between sunrise and sunset Monday through Saturday, except that the hours may be extended after sunset for purposes of subdued-lighting certification of law enforcement officers, or may be extended for other purposes only when a permit allowing such activity is issued in advance by the Sherriff’s Office.
(d) Liability insurance. The permittee shall be required to carry a minimum of $3,000,000 per occurrence of liability insurance. Such insurance shall name Vance County as an additional insured party and shall save and hold Vance County, its elected and appointed officials, and employees acting within the scope of their duties harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of a person or group’s members or employees or third parties on account of any property damage arising out of the acts or omissions of the permittee, his/her group, club, or its agents or representatives. The county shall be notified of any policy changes or lapses in coverage
(N) Wireless communications towers (cell towers).
(1) The purpose of the following requirements is to promote and to protect the public health, welfare, and safety by regulating existing and proposed communication towers. The requirements are intended to protect property values, create a more attractive economic and business climate, and enhance and protect the scenic and natural beauty of designated areas.
(2) General requirements. When allowed, such towers and associated equipment shall be subject to the following additional requirements:
(a) Towers shall not interfere with normal radio and television reception in the vicinity. Commercial messages shall not be displayed on any tower. Violations shall be considered zoning violations and shall be corrected under the enforcement provisions.
(b) Lighting shall not exceed the Federal Aviation Administration (FAA) minimum if lighting is required by the FAA. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements. Prior to issuance of a building permit, the applicant shall be required to submit documentation from the FAA that the lighting is the minimum lighting required by the FAA.
(c) Towers shall be constructed and maintained in conformance with all applicable building code requirements.
(d) In order to protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide appropriate Federal Communications Commissioner (FCC) documentation indicating that the power output levels do not exceed federally approved levels.
(e) In allowed districts, towers of 75 feet or more require that a special use permit be granted by the Board of Adjustment. The Board of Adjustment may consider variances up to 10 % of the setback requirements for such towers as a part of the Special Use Permit approval.
(f) 1. To encourage shared use of towers, the applicant for new wireless facilities shall be required to evaluate the reasonable feasibility of collocating new antennas and equipment on an existing wireless support structure or structures within the applicant's search ring. The Board of Adjustment may allow a new wireless facility to be placed within their search ring which includes existing wireless facilities upon being presented with written documentation that:
a. Appropriate space on the tower is not available,
b. The petitioner has made good faith efforts to negotiate an agreement with the owner of the existing wireless facility, or
c. Equipment currently on the tower is not compatible with the proposed equipment.
2. If the petitioner cannot locate on an existing tower and a new tower has to be constructed, the height of the tower cannot exceed 200 feet. The new tower cannot be located closer than one mile from an existing tower.
(g) All new towers shall be constructed to be able to accommodate at least 2 or more users so that future co-location will be available. In addition, reasonable accommodation for public service uses is also suggested.
(3) When permitted, towers shall conform to the following dimensional requirements:
(a) On top of structures. Towers (with the exception of concealed towers) may not be located on top of structures in any residential district. Towers which are located on top of structures in nonresidential districts (which are not tower accessory structures) shall not be more than 75 feet above the top of the structure. The structure shall meet the normal setbacks of the zone.
(b) Setbacks. Towers located on the ground or top of a tower accessory structure:
1. If the tower is more than 75 feet high and adjacent to, inside, or separated by a public right-of-way from property that is residentially zoned or used, the setback shall be 1 foot for every foot in height, or the setback of the zoning district, whichever is greater. If the tower is more than 75 feet in height and adjacent to, inside, or separated by a public right-of-way from nonresidential property, the setbacks shall be 1 foot for every 2 feet in height or the setback in the zoning district, whichever is greater, and in no case less than 50 feet.
2. To encourage shared use of towers, applications for towers which will operate with more than one user immediately upon completion may reduce setbacks from adjacent nonresidential property. The setback from adjacent nonresidential property may be reduced by 25% when 2 users commit to occupy the tower immediately upon its completion, or reduced by 50% when 3 or more users commit to occupy the tower immediately upon its completion. However, the required setback distance may not be reduced to less than 50 feet. The reductions do not apply if the tower adjoins a residential zone on any side.
3. No setbacks shall be required if the tower is to be located on an existing structure.
(4) Residential district. Towers (with the exception of concealed towers) where allowed in residential districts shall conform to the following setbacks:
(a) Where allowed, towers 75 feet or more in height may be permitted subject to the issuance of a special use permit. A tower shall have a setback from all property lines that is in compliance with this section.
(b) To prevent a clear view of the base of the tower, the setback shall contain an established forested area with a depth of at least 100 feet. When the 100-foot forested area requirement cannot be met, a natural buffer shall be provided as required in division (5) below. The Board of Adjustment, when deciding the special use permit, may reduce the setback adjacent to nonresidential property upon consideration of circumstances which reduce the offsite effects of the tower such as topography, berms, the proximity of other existing or potential uses, and existing vegetation and improvements made to the site to obscure or reduce the visibility of the tower. The Board of Adjustment shall not reduce the required setback from adjacent property which has residential use.
(c) No outdoor storage yards shall be allowed on tower sites, storage buildings that are secondary and/or incidental to the primary use of the site are allowed within the provisions of the designated zoning category.
(5) Buffers.
(a) The base of the tower, any guy wires, and any associated structures, walls, or fences shall be surrounded by a landscaped buffer. The site developer may have the option of:
1. Providing a buffer around the tower base and associated items individually; or
2. Providing a buffer around the perimeter of the entire site.
(b) A 10-foot buffer shall be provided between the tower and the property boundaries in all zones other than residential. In all residential zones, the buffer shall be a minimum of 25 feet in width.
(c) The planting shall consist of a mix 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 6 feet, and they shall have an expected minimum maturity height of 35 feet under normal growing conditions. There shall also be 1 row of dense shrubs, spaced not more than 8 feet on centers. Shrubs shall be a minimum of 2 feet high at planting and shall have a minimum expected maturity height of 8 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 meet this requirement.
(6) Site plan requirements. The following information must be supplied with the site plan or building permit application for towers that are 75 feet in height or more prior to any approval:
(a) Identification of the intended user(s) of the tower.
(b) Documentation provided by registered engineer that the tower has sufficient structural integrity to accommodate more than 1 user.
(c) Documentation by the applicant that no suitable existing facilities within the coverage area are available to the applicant.
(d) A statement indicating the owner’s intent to allow shared use of the tower and how many other users can be accommodated.
(7) Co-location. To further encourage co-location, additional users and associated equipment that do not add to the tower’s height may be added without additional approval. However, additional Building Code regulations may apply. Site plans must show the locations for at least 2 equipment buildings, even if the tower is proposed for a single user.
(8) Collocation of small wireless facilities.
(a) Small wireless facilities that meet the height requirements of G.S. § 160D-936(b)(2) shall only be subject to administrative review and approval under G.S. § 160D-936(d) if they are collocated outside of city rights-of-way on property other than single-family residential property.
(b) In no instance in an area zoned single-family residential where the existing utilities are installed underground may a utility pole, public utility pole, or wireless support structure exceed 40 feet above ground level, unless the Board of Adjustment grants a waiver or variance approving a taller utility pole, public utility pole, or wireless support structure.
(9) Removal of towers. Towers that are not used for a period of 6 months or more shall be removed by the owner within 180 days after receiving notice from the county to remove the tower. To assure the removal of towers that do not meet requirements for use or maintenance, this section serves as notice that the county may remove said tower and may file a lien collectable as taxes against the property.
(10) Additional requirements for special use permits for telecommunication towers and equipment:
(a) When considering a special use permit request, the Board of Adjustment shall be required to make a determination of the electromagnetic field (EMF) effects of the tower on the health of the public.
(b) All property owners within a 1,500 foot radius and/or adjoining the property where the tower is proposed shall be notified, in writing, of the hearings at which the application will be considered.
(c) Special use permits for all towers shall expire unless documentation, including but not limited to an FCC license, is submitted each January to the Board of Adjustment indicating that the tower is being utilized.
(d) The tower shall meet all other applicable supplementary requirements.
(O) Solar energy systems, large scale (solar farms).
(1) Height. Systems, equipment and structures shall not exceed 25 feet in height when ground-mounted. Excluded from this height requirement, however, are electric transmission lines and utility poles. Roof-mounted systems shall not exceed the maximum height for the applicable zoning district.
(2) Setback. Ground-mounted solar energy systems as part of a solar farm shall have a setback for all equipment including fences a minimum of 100 feet from street right-of-ways and 50 feet from other property lines. The Board of Adjustment may reduce such setback requirement if the proposed or existing buffer is sufficient to screen the project from view from adjoining properties or public right-of-ways.
(3) Screening and fencing. Systems, equipment and structures shall be fully enclosed and secured by a fence with a minimum height of 8 feet. A 30-foot vegetative buffer consisting of a compact evergreen hedge or other type of evergreen foliage shall be required along the entire perimeter of the facility. The buffer shall be planted at a minimum of 3 feet tall and reach the height of at least 8 feet within 3 years and shall be maintained in good condition. Failure to maintain the buffer shall constitute a violation of this chapter. Earth-berms, other topographical features and existing wooded areas may be accepted in lieu of the above requirements, if they conceal the use from public view and are maintained.
(4) Lighting. If lighting is provided at the site, lighting shall be shielded and downcast such that the light does not spill onto the adjacent parcel or the night sky. Motion sensor control is preferred.
(5) Noise. Noise levels measured at the property line shall not exceed 50 decibels when located adjacent to an existing residence or residential district.
(6) Power transmission lines. To the extent practical, all new power transmissions lines to any building, structure or utility connection shall be located underground. Existing above ground utility lines shall be allowed to remain in their current location.
(7) Installation and design. Electric solar system components must have a UL listing and must be designed with anti-reflective coating(s). Individual arrays/solar panels shall be designed and located in order to prevent glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.
(8) Compliance with Building and Electrical Codes. All solar farms shall be in conformance with the requirements of the State Building and Electrical Codes (current addition), the State of North Carolina and Vance County. All active solar systems shall be inspected by a Vance County Building Inspector.
(9) Inspections. Each solar farm shall be required to have the facility inspected annually for 3 years following the issuance of the zoning permit to verify continued compliance with this chapter. Additional inspections necessitated by complaints or otherwise shall not replace the annual inspection requirement.
(10) Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the Planning and Development Department that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(11) Abandonment and decommissioning.
(a) It is the responsibility of the solar system owner and landowner to notify the county and to remove all obsolete or unused systems within 12 months of cessation of operations. Reusable components are to be recycled whenever possible.
(b) A decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) addressing the following shall be submitted with the permit application.
1. Defined conditions upon which decommissioning will be initiated (i.e. end of land lease, no power production for 12 months, etc.)
2. Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and foundations
3. Restoration of property to condition prior to development of the solar farm.
4. The time frame for completion of decommissioning activities.
5. Description of any agreement (e.g. lease) with landowner regarding decommissioning.
6. The party currently responsible for decommissioning.
7. Plans for updating this decommissioning plan.
(Ord. 39, passed 10-3-2011; Am. Ord. passed 2-4-2013; Am. Ord. passed 12-1-2014; Am. Ord. passed 9-8-2015; Am. Ord. passed 10-7-2019; Am. Ord. 5-3-2021)