§ 21-56. Specific criteria for uses listed as SR in section 21-113.

Uses listed as SR in section 21-113 shall meet the following requirements expressly provided below.

(1)

Additional standards applicable to specific uses listed as SR in the residential group.

a.

Duplex, individual located in the RR district; minimum lot size. The minimum lot size shall be one hundred fifty (150) percent of the lot size required for a single-family dwelling.

b.

Family care home.

1.

Occupancy. No more than six (6) handicapped persons may reside in a family care home.

2.

Separation. No family care home shall be located within a four-hundred-foot radius of another family care home.

c.

Family manufactured home park.

1.

Application. The proposed park must be located on a lot of record existing prior to June 8, 1999. An application and site plan shall be completed by the applicant. Applications that do not meet the standards of this subsection may be considered under the family subdivision provisions of the subdivision ordinance.

2.

Setbacks within park. Setbacks for spaces within parks, measured from edge of applicable street or property line:

Front ..... 20 feet

Side ..... 15 feet

Rear ..... 20 feet

3.

Setbacks from external property lines. Setbacks for manufactured homes from adjacent property lines and rights-of-ways are fifty (50) feet.

4.

Occupancy of homes. Manufactured homes shall be occupied by members of the immediate family of the property owner.

5.

Number of units in park. The maximum number of manufactured homes allowed under this subsection are subject to the lesser of the density standards in section 21-84 or the following:

i.

No more than three (3) manufactured homes are allowed in a family manufactured home park in the RA district.

ii.

No more than two (2) manufactured homes are allowed in a family manufactured home park in the RR district.

Single-family dwellings existing prior to the family manufactured home park application shall be included toward the number of homes permitted under this subsection.

6.

Type of manufactured homes allowed. The manufactured homes shall meet the placement criteria for manufactured homes in section 21-284(1) and the skirting requirements of subsection 21-276(b). While single-family dwellings are not eligible as new dwelling units under this provision, their existence prior to a family manufactured home park application would not preclude the application from consideration.

7.

Change of occupancy or ownership. When occupancy or change of ownership of the family manufactured home park occurs which results in such park not meeting the original criteria for approval as a family manufactured home park, the manufactured homes shall become conforming with the underlying district.

(2)

Additional standards applicable to specific uses listed as SR in the agriculture, forestry and fishing in the rural district.

a.

Veterinary services (SIC 074) and animal shelters, boarding kennels, dog pounds (SIC 0752 pt).

1.

Site plan. A site plan shall be provided showing the lot and all existing and proposed buildings as well as all runs and/or training facilities.

2.

Siting. Kennels not wholly enclosed by a security fence at least six (6) feet in height; and all kennels not wholly enclosed within a building shall be located at least one hundred (100) feet from the lot line of any residentially developed lot.

3.

Runs. No run area is allowed with the setback.

b.

Reserved.

(3)

Additional standards applicable to specific uses listed as SR in the mining group.

a.

Common sand mining special requirements.

1.

Site plan. A site plan shall be provided showing the existing lot and all existing and proposed buildings, quarries, pits, stock piles, and other relevant features of the quarrying operation.

2.

Access. All access roads shall be at least twenty (20) feet from any adjoining property line not part of the mining operation; constructed with a paved, gravel, or crushed stone surface; and maintained in a dust-free manner.

3.

Setbacks. All land disturbing activities shall be located at least one hundred (100) feet from any zone lot line.

4.

Operation. Hours of operation shall be limited to sunrise to sunset.

5.

Minimum lot size. The minimum lot size is five (5) acres.

6.

Smoke, odors, dust. Operations shall not create any smoke, odors, or dust at a level which creates a nuisance to any person or normal sensitivities at the zone lot line.

b.

Reserved.

(4)

Additional standards applicable to specific uses listed as SR in the construction group.

a.

Heavy construction and other building construction (SIC 16).

1.

Minimum lot size. The minimum lot size is one (1) acre.

2.

Storage. All storage shall be a minimum of fifty (50) feet from adjoining residentially developed property lines.

b.

Reserved.

(5)

Additional standards applicable to specific uses listed as SR in the manufacturing group.

a.

Meat packing plants (SIC 201).

1.

Location. No building, structure, storage or animal holding area shall be located within three hundred (300) feet of any lot line.

2.

Minimum lot size. The minimum lot size is five (5) acres.

b.

Saw mills (SIC 242).

1.

Location. All mechanized sawing equipment must be located a minimum of five hundred (500) feet from lot boundary lines. Residential lots owned by the sawmill operator are exempt from this requirement.

2.

Reserved.

(6)

Additional standards applicable to specific uses listed as SR in the transportation, communication, electric, gas and sanitary services group.

a.

Trucking (SIC 421).

1.

Minimum lot size. The minimum lot size is three (3) acres.

2.

Buffer. All operations shall be a minimum of fifty (50) feet from adjacent residentially developed property lines.

3.

Applicability. The provisions of this subsection shall apply to trucking businesses with three (3) or more trucks.

b.

Dead storage of manufactured homes.

1.

Compliance with applicable standards of Chapter 14.5, Nuisance Ordinance.

2.

Dead storage of more than one (1) manufactured home by an individual is not allowed in the RA, RR, and MFR district.

3.

Dead storage of more than one (1) manufactured home is allowed in the CBI and IND district on property owned or leased by a licensed manufactured home dealer.

4.

Dead storage of more than one (1) manufactured home is allowed in the MHP district in a manufactured home park.

5.

Manufactured homes shall not be kept in dead storage for more than sixty (60) days in accordance with section 14.5-34 of the nuisance ordinance.

c.

Ground mounted solar energy systems six thousand (6,000) square feet or less (SIC 491 pt). For the purposes of this subsection, the requirements of sections 21-54, 21-55, and 21-65 do not apply for RA or NB zoned properties.

1.

Size and setbacks. Solar collectors shall conform to the lesser of six thousand (6,000) square feet or ten (10) percent of the lot size and maintain a ten (10) foot setback from all property lines.

d.

Co-location of wireless and eligible facilities requests (SIC 48 part). Co-location of wireless and eligible facilities requests are recognized as an efficient method for providing wireless facilities and are encouraged due to their minimization of adverse visual impacts and the opportunity for an expedited and effective administrative review.

1.

Applications for co-location of wireless facilities shall include two (2) copies of a site plan prepared by a registered professional engineer or a professional land surveyor as provided in section 21-52 including items in section 21-56 (6)(e)5 and section 21-60(3)a.1.i,.

2.

Consideration of eligible facilities requests pursuant to this subsection shall comply with all standards prescribed below, otherwise the request may be deemed a substantial modification and subject to the provisions of subsection 21-60(3)(a):

i.

Not increase the existing vertical height of the structure by the greater of (a) more than ten (10) percent, or (b) the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet regardless of height limitations prescribed in subsection 21-60(3)b.

ii.

Not add an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (a) more than twenty (20) feet, or (b) more than the width of the wireless support structure at the level of the appurtenance. A statutory exception (ref. NCGS 153A-349.51(7a)b) to this standard allows for sheltering the antenna from inclement weather or to connect the antenna to the tower via cable.

iii.

Not increase the square footage of the existing equipment compound by more than two thousand five hundred (2,500) square feet.

iv.

Provide information from Section 21-56 (6)(e) 4, and 5; and Section 21-60(3)(a) 1.i. and 21-60(3)(c).

e.

Use of alternative tower structures (SIC 48 part). The county acknowledges the merits of alternative tower structures for their innovative use as a means to provide current and future wireless telecommunications coverage and are encouraged as a secondary option to co-location and eligible facilities requests. Wireless facilities applications for placement on or within alternative tower structures may be evaluated in all zoning districts and approved administratively, provided the following SR are met:

1.

The addition of an antenna shall not add more than twenty (20) feet in height.

2.

The associated wireless facilities shall comply with the setbacks for the underlying zoning district, screened according to subsection 21-215(1)b.1.—3. and be constructed of similar materials/color as the host structure.

3.

The existing host structure may not be externally altered, except to accommodate the addition of the antenna.

4.

Two (2) copies of a site plan as provided in section 21-52 and photograph documentation as required in subsection 21-60(3)a.4 and 5.

5.

Certification from a North Carolina registered professional engineer that any and all structures have sufficient structural integrity to accommodate the addition of an antenna with a design minimum of TIA/EIA-222F (as amended).

6.

Failure to comply with any of the criteria in items 1. through 5. shall require the application to be reviewed as a new wireless support structure.

f.

Public safety tower. The deployment of wireless infrastructure for use by local, state and federal government agencies is critical to ensuring the public safety and general welfare of the county's citizens at all times. The provision of reliable and uniform radio and telecommunications coverage by these agencies can only be secured through construction, operation and maintenance of its own infrastructure. Applications for a public safety tower shall include:

1.

Two (2) copies of a site plan prepared by a registered professional engineer or a professional land surveyor as provided in section 21-52 including items in subsection 21-60(3)a.1.i.

2.

Documentation substantiating the owner and applicant for the public safety tower is either a local, state or federal agency.

3.

Fall zone certification from an NC Registered Professional Engineer in compliance with subsection 21-60(3)c.

4.

No Hazard to Air Navigation determination from the Federal Aviation Administration (FAA) and No Adverse Effect determination from the NC State Historic Preservation Office (NCSHPO). Both determinations must be dated within twelve (12) months of the public safety tower application submittal.

5.

A public safety tower is not subject to the height and location standards of subsection 21-60(3)b.

6.

Co-locations of commercial wireless facilities on a public safety tower may be considered under the provisions of subsection 21-56(6)d.

(7)

Additional standards applicable to specific uses listed as SR in the retail sales group

a.

Automotive dealers and gasoline service stations (SIC 55).

1.

Display area. The outdoor display area for automotive sales shall not exceed five thousand (5,000) square feet.

2.

Reserved.

(8)

Additional standards applicable to specific uses listed as SR in the services group.

a.

Educational services (SIC 82) that include overnight boarding or lodging.

1.

Proof of accreditation by a recognized board, or provide proposed articles of incorporation and by-laws that provide specific criteria for a board of directors including membership makeup and general responsibilities for oversight of the facility.

2.

Projected school enrollment and number of boarders.

3.

Description of curriculum.

4.

Traffic study.

5.

Overnight staffing.

b.

Recreational facilities, membership and nonmembership.

1.

Required licenses and permits. The applicant shall provide a copy of all required licenses and permits prior to issuance of a zoning permit.

2.

Recreational facilities located within a major subdivision used exclusively by resident members and their guests in the RA, RR, and RS districts are exempt from the locational requirements of section 21-55(2).

c.

Automotive repair and services (SIC 75).

1.

Screening required. Junked motor vehicles and motor vehicle parts shall be screened from adjacent property by a six-foot high opaque screening. Vegetative screening, if used, shall be opaque during all seasons of the year and planted and maintained in accordance with article IX.

2.

Storage of junked motor vehicles. The junked motor vehicles shall not be stored in the front yard of the property or in the required front yard setback.

3.

Setbacks for stored junked motor vehicles. The junked motor vehicles shall be a minimum of fifteen (15) feet off the side and rear property line or side street right-of-way and twenty (20) feet off the right-of-way existing at the effective date of this chapter or fifty (50) feet off the centerline of the road if the right-of-way is not established.

4.

Stacking of junked motor vehicles. The junked motor vehicles shall not be stacked higher than the screening.

(9)

Additional standards applicable to specific uses listed as SR in the unclassified uses group.

a.

Multitenant developments.

1.

Application. An application shall be provided with:

i.

Site plan as provided in section 21-52; and

ii.

Development name, name(s) and address(es) of owners and park designers.

2.

Board of commissioners review of the development proposal. The board of commissioners shall review the site plan and other pertinent information to ensure that the general health, safety and public welfare have been adequately protected.

3.

Uses allowed. Uses are limited to those provided in the district the multitenant development is located. Uses requiring conditional use permits shall obtain the required approval prior to issuance of a building permit.

b.

Winery, wine tasting room.

1.

Setbacks. The facility shall meet the setback requirements of section 21-84, (table of dimensional requirements.)

2.

Screening. The facility shall meet the screening requirements of article IX, (screening and buffering).

3.

Licenses and permits. All required licenses and permits (i.e. environmental health, ABC, etc.) shall be obtained prior to operation of the facility.

(10)

Residential storage facilities.

a.

The parcel shall be in fee simple ownership.

b.

Minimum lot size shall be the same as for a single-family residence.

c.

The structure shall not exceed the lesser of three (3) percent of the lot size or three thousand (3,000) square feet.

d.

Setbacks shall be at a minimum the same as single family dwellings.

c.

No outdoor storage is allowed except as specifically provided otherwise.

d.

Storage of vehicles shall not be in the front yard.

e.

Outside lighting shall be designed to prevent direct glare on adjoining residences.

Requests for residential storage facilities that exceed three (3) percent of the lot size referenced in subsection (c) but do not exceed three thousand (3,000) sq. ft. may be considered as a conditional use subject to the process outline in sections 21-57 through 21-59 if all other standards in this subsection are met.

(Ord. of 1-19-98, § IV; Ord. of 2-1-99(1), §§ 6, 7; Ord. of 10-18-99(1); Ord. of 4-21-03; Amend. of 2-20-06(1); Amend. of 4-21-08; Amend. of 11-2-09; Amend. of 9-6-11; Amend. of 3-5-12; Amend. of 3-4-13; Amend. 8-9-13; Amend. of 12-2-13; Amend. of 4-21-14; Amend. of 9-6-16; Amend. of 10-15-18)