§ 21-60. Conditional use requirements for specific uses.

The following criteria shall be used in evaluating specific conditional use permit applications. If no specific requirements are listed for a specific use, then only the general criteria will be used in evaluating the application.

(1)

Mining group: Metal mining (SIC 10), mining and quarrying of non-metallic minerals (SIC 14) except common sand mining.

a.

New Facilities. Facilities regulated under this section are considered to be those operations where no mining or quarrying activity has ever occurred; or operations have been abandoned or discontinued for a period of three hundred sixty (360) consecutive days; or its NC Department of Environmental Quality authorized mining permit has expired.

1.

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

2.

Access. Access shall be gained from a principal arterial or major collector. All access roads shall be fifty (50) feet from any property line and maintained in a dust free manner.

3.

Setbacks. All land disturbing activities shall be located at least three hundred (300) feet from any zone lot line, except uses listed as SIC 1459 "Clay, Ceramic and Refractory Minerals, Not Elsewhere Classified" may reduce the setback to one hundred (100) feet as provided below:

i.

There is no residence within five hundred (500) feet of the property line.

ii.

A fifty-foot wide solid vegetative buffer separates the properties which contains, at a minimum, a row of trees, forty (40) percent of which are large maturing trees and which are not less than ten (10) feet high at the time of planting and are spaced not more than six (6) feet apart.

iii.

The buffer may be used for drainage, erosion control or similar uses but shall not contain areas form which material extraction occurs.

4.

Noise. Noise shall not exceed the levels prescribed in section 21-241 of this chapter.

b.

Existing Facilities. Facilities regulated under this section are those mining or quarrying operations that existed prior to enactment of this chapter [February 16, 1998] and have continuously operated and maintained an active mining permit with NC Department of Environmental Quality. Said facilities seeking conforming use status or expansions to their operational areas are subject to these standards.

1.

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

2.

Access. Current and proposed roads leading to any part of the operation shall be constructed with a gravel or asphalt stone surface and maintained in a dust free manner.

3.

Setbacks. All operational areas not in common ownership of the facility entity shall be setback a minimum of fifty feet (50') from adjoining property lines.

4.

Noise. Noise shall not exceed the levels prescribed in section 21-241 of this chapter.

5.

Blasting. All activities and operations involving blasting that are discernable beyond the external property line shall only be conducted during daylight hours.

(2)

Manufacturing group. Pulp mills (SIC 261); paper mills (SIC 262); chemicals and allied products (SIC 28); petroleum refining and related products (SIC 29); leather and finishing (SIC 3111); hydraulic cement (SIC 324); structural clay products (SIC 325); concrete, gypsum and plaster products (SIC 327); abrasives, asbestos, non-metallic mineral products (SIC 329); primary metal industries (SIC 33); ammunition except for small arms (SIC 3483), ordinance and accessories (SIC 3489); power, distribution and specialty transformers (SIC 3612); and wholesale trade group: chemical and allied products (SIC 516) and petroleum and petroleum related products (SIC 517).

a.

Minimum lot size.

1.

Five (5) acres for manufacturing group uses regulated under this subsection.

2.

Ten (10) acres for wholesale trade group uses regulated under this subsection.

b.

Location of structures, storage of materials. The location of principal structures and storage of flammable or hazardous materials shall be two (2) times the required buffer area in article IX. However, parking, storage of nonflammable and nonhazardous materials, etc. may be placed up to the required additional buffer.

c.

Site location. The site shall have primary access to an arterial or major collector street. This requirement is not applicable to expansions of facilities regulated under this subsection, which are contiguous to facilities existing prior to August 16, 2004.

d.

Security restrictions. Access shall be controlled through the use of gates, fences, etc. to prevent entrance to the operational area by unauthorized persons. Fencing standards shall be as specified in section 21-215(2)(b)2.

e.

Dust, odor, glare. Dust, odor, and glare shall not be noticeable at adjacent residential property lines.

f.

Removal and reclamation. Applications for new facilities classified in SIC 28, 29, 3612, 516 and 517 and temporary use permits for facilities classified as SIC 2951 and 3241 seeking approval pursuant to section 21-281(2) of this chapter may be required to provide written documentation substantiating that the applicant or operator has and will maintain a surety bond payable to Rowan County sufficient to disassemble and remove any outdoor equipment, stockpiles, etc. or reclaim any excavated areas once the facility ceases production for a period of three hundred sixty (360) days. The bond amount shall be based on an estimate provided by a registered professional engineer or architect having professional credentials, recognized expertise or specialization in construction and removal of similar facilities. Renewable bonds are expected to provide updated estimates and reflect increases due to labor costs, demolition practices, addition of equipment, etc. The requirements of this item are not applicable to expansions of facilities regulated under this subsection, which are contiguous to the facilities that existed prior to August 16, 2004.

g.

Screening. Screening standards for new facilities and expansions to existing facilities regulated under this subsection shall be as follows:

1.

New facilities. When a new facility shares a common property line(s) with a more restrictive zoning district, Type B screening requirements established in section 21-215(2)(b)1.—3. of this chapter are applicable to the portion of the facility's operational area bordering that property line(s). New facilities sharing a common property line with an identical zoning district are subject to the screening requirements based on the land use relationships established in section 21-216. However, Type B screening may be necessary in some instances to provide visual separation from the side and rear property lines when characteristics of the site such as topography, vegetation, line of sight with adjacent developed properties, etc. prevent effective screening when employing the standards of section 21-216. Type A screening requirements established in section 21-215(1)(b)1.—4. are applicable to the front yard of the operational area of the facility. Notwithstanding the screening requirements of this section, the preservation of existing vegetation as outlined in section 21-218 shall be depicted of the site plan as appropriate. Applicability of screening and buffering standards of this section are not preempted when adjacent tracts are in common ownership or a tract is subdivided in an attempt to circumvent these requirements.

2.

Expansions to existing facilities. Contiguous expansions of facilities regulated under this subsection, which existed prior to August 16, 2004, are subject to the land use relationships established in section 21-216.

h.

Separation. The facility shall be no closer than one-half (½) mile from a church, licensed daycare, public or private school, health care facility, public park or existing inhabited dwelling. The distance shall be measured from any portion of the property dedicated or utilized for the function of the church, licensed daycare, public or private school, health care facility, public park or existing inhabited dwelling including but not limited to buildings, recreation and parking areas, etc. and the nearest point of the operational area of the proposed facility. The standards of this item are not applicable to expansions of facilities regulated under this subsection, which are contiguous to the facilities that existed prior to August 16, 2004.

(3)

Transportation, communications, electric, gas and sanitary services group: Communications and wireless support structures (SIC 48 (part)).

a.

New wireless support structures. For all new wireless support structures, the county encourages the applicant to investigate preferred sites and those locations that minimize the impact to the North Carolina Scenic Byway corridor. In the event the new wireless support structure cannot be located at a preferred site, evidence that the applicant has investigated the possibilities for co-location on an existing wireless support structure shall be presented with its application. At a minimum the evidence should contain:

1.

Copies and responses of certified letters sent to owners/operators of all existing towers and structures with telecommunications facilities within the search ring of the proposed site, requesting the following information:

i.

Height above ground and sea level.

ii.

Existing tenants, including any telecommunication service providers and planned tower use.

iii.

Whether the existing site could accommodate the addition of their wireless facilities.

v.

If the addition of their wireless facilities cannot be accommodated, an assessment of whether the existing site could be upgraded and a general description of the means and projected costs of shared use of the tower.

2.

Inventory of all preferred sites and alternative tower structures considered within the search ring, including specific analysis of each preferred site and alternative tower structure outlining positive and negative aspects for utilizing.

3.

A completed application for a new wireless support structure shall include:

i.

Two (2) copies of a site plan registered professional engineer or a professional land surveyor as provided in section 21-52.

ii.

Topography information for the equipment compound and fall zone including base elevation of wireless support structure or alternative tower structure.

iii.

Tower height and height of antenna location (if different).

iv.

Setbacks including ingress and egress easements, fall zone, fencing and screening requirements found in subsection 21-215(1)b.1.—3.

v.

Adjacent land uses and the separation distance from antenna facility to the nearest occupied residential dwelling.

4.

Using the latitude and longitude of the proposed wireless support structure location as a fixed point, obtain actual photographs of the site that present a 0-degree (north); 90-degree (east); 180-degree (south); 270-degree (west) perspective toward the fixed point from the nearest North Carolina DOT maintained roads in relation to the site.

5.

Utilizing each of the photographs from item 4. above, create a simulated photographic image of the proposed wireless support structure or antenna addition to an alternative tower structure from each of the perspectives referenced above depicting the tower at a scale relative to its surroundings with specific regard to height and width.

6.

Engineering report certifying the tower is compatible for co-location with a minimum of five (5) compatible users including the primary user and copy of co-location policy.

b.

Tower heights and types. To maintain the character of the rural areas of the county and allow for placement in the commercial and industrial areas of the county, new wireless support structures will be regulated in the following manner:

1.

Rural Agricultural (RA), Rural Residential and Neighborhood Business (NB) districts. Monopole not to exceed one hundred ninety-nine (199) feet based on five (5) co-located antenna arrays.

2.

Commercial, Business, Industrial (CBI), Industrial (IND), 85-ED-1, 85-ED-2, 85-ED-3, and 85-ED-4. Monopole or lattice tower not to exceed two hundred fifty (250) feet based on six (6) co-located antenna arrays.

3.

Requirements 1. and 2. of this subsection may be modified by the board of commissioners based upon:

i.

Evidence presented by the applicant that demonstrates a height increase is in the interest of public safety or is necessary to provide the applicant's designed service.

ii.

An alternative design would better blend into the surrounding environment regardless of zoning district.

c.

Provisions for tower safety. New towers must either be so designed as to land upon its own property or lease area in the event of a fall as certified by a North Carolina registered professional engineer or have a minimum lot size or lease area no less than ten thousand (10,000) square feet and have an accompanying fall zone easement equal to the tower height plus ten (10) feet. New composite tower shall, at a minimum, fully loaded, comply with TIA/EIA-222F.

d.

Retention of consultant. The county may elect to retain a consultant or professional services to review the application and make determinations and recommendations on relevant issues including, but not limited to, verification of the applicant's due diligence, analysis of alternatives and compliance with state and federal rules and regulations. The applicant shall pay any expense for consulting or professional services in excess of the application fee. The county shall require any consultants to disclose any potential conflicts of interest and to hold confidential any proprietary information supplied by the applicant. At the request of the applicant, the zoning administrator shall arrange an informal consultation with the applicant to review the consultant's report prior to any public hearing on the application. All determination costs not excluded by NCGS 153A-349.52(f) are reimbursable by applicant.

e.

Obstruction lighting and marking. Wireless support structures located within the county's airport zone overlay may exhibit obstruction lighting and marking in accordance with the Federal Aviation Administration standards. All other towers shall be of galvanized finish, or painted with a rust protective paint of an appropriate color to harmonize with the surroundings as approved by the board of commissioners. Requirements of this subsection may be modified by the board of commissioners based upon an increase in tower height or location in another jurisdiction's regulated air space or in the interest of public safety.

f.

FCC license required. The applicant for a new wireless telecommunication facility must be currently licensed by the FCC to provide fixed or mobile wireless communication services, or if the applicant is not such an FCC licensee, must demonstrate that it has binding commitments from one (1) or more FCC licensees to utilize the wireless telecommunication site once constructed.

(4)

Electric, gas and sanitary services.

a.

Electric, gas and water services (SIC 491, all except solar energy systems 492, 493, 494) sewerage systems (SIC 495), dumps, sanitary land fills, rubbish collection and disposals (SIC 4953 pt.).

1.

Setbacks. All improved areas, including disposal areas, shall be at least two hundred (200) feet from a zone lot line.

2.

Separation. Improved areas shall be at least three hundred (300) feet from any residence, church, or school.

3.

Dust, odor, glare. All access roads and storage areas shall be at least twenty (20) feet from any property line. constructed with a paved, gravel, or crushed stone surface; and maintained in a dust-free manner.

4.

Operation. An information sign shall be posted and maintained at the entrance(s) which lists the name and phone number of the operator, types of material accepted, and hours of operation.

5.

Security restrictions. Access shall be controlled through the use of gates, fences, etc. to prevent unregulated dumping of materials.

6.

Other special conditions. Proof of a permit issued by the state in accordance with applicable provisions of the General Statutes.

b.

Ground-mounted solar energy systems over six thousand (6,000) sq. ft. (SIC 491 pt.).

1.

Setbacks. Solar collectors shall be located a minimum of fifty (50) feet from adjoining property lines.

2.

AZO. Systems proposed within the portion of the approach surface contained by the horizontal surface of the AZO shall provide an approved FAA form 7460-1.

(5)

Wholesale trade group.

a.

Motor vehicle parts, used in the IND district.

1.

Setbacks. No material shall be stored closer than one hundred (100) feet to a public right-of-way.

2.

Security fencing. Security fencing, a minimum of six (6) feet in height, shall be provided and maintained to preclude unauthorized access.

b.

Motor vehicle parts, used in the RA district.

1.

Front yard setback. The facility shall be one hundred (100) feet from the edge of the right-of-way.

2.

Separation from certain uses. The facility shall be a minimum of one thousand (1,000) feet from a school, residence, church or place of public assembly. The separation shall be measured from the closest point of the structure containing the school, residence, church or place of public assembly and the nearest point of the operational area of the automobile salvage yard. This requirement shall not apply to residences owned by the operator of the facility.

3.

Side and rear yard buffering and screening. The facility shall be completely surrounded by type B buffer and screening, as provided in article IX.

4.

Operational area. No operations shall occur in the required buffer.

c.

Livestock yard.

1.

Setbacks. One hundred (100) feet between improvements such as buildings, animal enclosures, and storage areas and any zone lot line.

2.

Dust, odor, glare. All access roads and storage areas shall be maintained in a dust-free manner.

d.

Chemical and allied products (SIC 516) and petroleum and petroleum related products (SIC 517). This item was repealed effective August 16, 2004. Refer to section 21-60(2) for requirements regulating these uses.

(6)

Retail trade group: Drinking Places (alcoholic beverages - SIC 5813).

a.

Separation. No drinking place shall be located within one thousand (1,000) feet of a church, public or private school, licensed day care, public park, or another drinking place. This distance shall be measured between the nearest point of operational areas for both the above uses and the proposed drinking place. This separation standard does not apply to non-conforming drinking places seeking approval under this subsection to expand within the existing operational area but does apply to drinking places deemed abandoned or discontinued per section 21-137.

(7)

Services group.

a.

Shooting ranges, skeet ranges, trapshooting facilities and similar establishments including turkey shoots. The requirements for all facilities requiring a conditional use permit are as follows. Turkey shoots operated by churches, civic groups or similar nonprofit organizations are exempt from these requirements.

1.

Shot containment. Shooting range facilities shall be designed to contain all the bullets, shot, or arrows or any other debris on the range facility.

2.

Noise mitigation. Noise levels measured at the property line where the facility is maintained or, in the case of leased land at the property line of any leased parcel shall not exceed the limits as provided in the county noise ordinance.

3.

Setbacks. Notwithstanding the performance standards above, all shooting stations on a range facility shall be located a minimum of three hundred (300) feet from any zone lot line.

4.

Warning signs. Warning signs meeting NRA guidelines for shooting ranges shall be posted at one-hundred-foot intervals along the entire perimeter of the shooting range facility.

5.

Hours of operation. Shooting ranges shall be allowed to operate between sunrise and sunset, except that the hours may be extended for other purposes as follows:

i.

When a permit allowing such activity is issued in advance by the administrator;

ii.

For operation of the shotgun shooting range; or

iii.

For purposes of subdued-lighting certification of law enforcement officers; and

iv.

On Sundays, shooting shall not commence before 12:30 p.m.

6.

Additional site plan information. Complete layout of each range, including shooting stations or firing lines, target areas, shotfall zones or safety fans, backstops, berms and baffles, projected noise contours, and existing and proposed structures, occupied dwellings within one-fourth (¼) mile, roads, streets, or other access areas, buffer areas, and parking areas for the range facility.

7.

Additional requirements for pistol/rifle shooting ranges. Projectiles from pistol/rifle shooting areas shall be contained by an earthen berm a minimum of fifteen (15) feet in height.

8.

Exceptions. Operational hours may be increased under the following conditions:

i.

A permit allowing such activity is issued in advance by the administrator; or

ii.

The hours of operation may be increased no more than six (6) times a year for an official shooting tournament involving thirty (30) or more participants, without requiring a permit from the administrator.

b.

Cabins (SIC 7011), Campgrounds and recreational vehicle parks (SIC 7033).

1.

Minimum lot size. The minimum lot size is two (2) acres.

2.

Setbacks.

Front ..... 50 feet

Side street ..... 30 feet

Side ..... 20 feet

Rear ..... 20 feet

3.

Density. The minimum size of spaces shall be determined by the county health department.

4.

Interior drives. Interior drives shall be a minimum of eighteen (18) feet compacted gravel six (6) inches thick. "Hammerhead" style turnarounds or suitable alternative shall be provided at the terminus of all interior roads subject to inspection and approval by the Rowan County Fire Marshal. Each internal road shall have a road name and addresses for each site or space displayed, regardless of occupancy, in accordance with provisions of Chapter 19.5 of the Rowan County Code of Ordinances.

5.

Parking. No parking will be allowed on public streets. Off-street parking and loading space shall be provided in sufficient quantity to accommodate all parking and loading on-site. At a minimum, one (1) parking space per space or unit shall be provided.

6.

Screening and buffering. Land uses in this category shall be considered a group 2 use and shall be screened accordingly.

7.

Additional standards. The standards noted below are in addition to those listed in this subsection, but applicable only to RV parks:

i.

Water supply. A dedicated method for providing an adequate on-site potable water supply, which may include an individual or multi-connection well system approved and permitted by the Rowan County Health Department or connection to a municipal system where available.

ii.

Sewage disposal. A dedicated method for providing an adequate on-site sewage collection disposal system, which may consist of an engineered septic tank system or dump station subject to approval by Rowan County Health Department or connection to a municipal system where available.

iii.

Trash removal. Provide a centralized trash dumpster(s) to accept the solid waste and or garbage generated by the RV park occupants. The dumpster should be emptied on a regular basis to prevent odor, rodents, etc., with its contents being disposed of at a facility licensed to accept the material(s).

iv.

Street addressing. Unless currently in compliance, the owner or operator of any RV park subject to the jurisdiction of this chapter, shall have twelve (12) months from the adoption of these amendments to have all internal streets and each site or space addressed and displayed in accordance with Chapter 19.5 of the Rowan County Code of Ordinances.

v.

Additions. Additions are not prohibited, but must be freestanding structures and obtain all requisite permits.

c.

Zoological garden.

1.

Site plan. A site plan shall be provided showing all fencing, exhibit and storage areas, with types of animals specified.

2.

Minimum lot size. The minimum lot size is twenty (20) acres.

3.

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 property lines.

4.

Setbacks. All animal waste storage areas shall be a minimum of two hundred (200) feet from any zone lot line.

5.

Security restrictions. Access shall be controlled through the use of gates, fences, etc. to prevent entrance by unauthorized persons. Containment of animals shall be sufficient to ensure the safety of the surrounding area and the county.

d.

Nonprofit athletic fields (SIC 7997 part).

1.

Site plan. A site plan shall be required as provided in article III, section 21-52.

2.

Buffering. All parking areas shall be screened by a type A buffer from residentially zoned area.

3.

Nonprofit status. The organization shall be non profit.

4.

Lighting. Lighting shall be located and designed to prevent light from directly shining on adjacent residential property.

e.

Archery ranges (SIC 7999 part).

1.

Arrow containment. The range shall be so constructed as to contain all arrows on the site. This shall be accomplished via berms or natural topography.

2.

Setbacks. All targets shall be a minimum of fifty (50) feet from zone lot line and all shooting stations shall be a minimum of two hundred (200) feet from the zone lot line.

3.

Warning signs. Warning signs shall be posted at one hundred-foot intervals along the entire perimeter of the site. The signs shall be constructed of highly visible materials and colors.

4.

Site plan. In addition to general site plan criteria the site plan shall include shooting stations and firing lines, target areas existing and proposed structures.

5.

Trail marking. All trails shall be clearly marked to the shooting stations and shooting station signs shall be clearly visible.

6.

Nonprofit status. The organization shall be nonprofit. For profit archery ranges shall meet the same standards as shooting ranges.

7.

Lighting. Lighting shall be located and designed to prevent light from directly shining on adjacent residential property.

8.

Licenses and permits. All required and permits shall be obtained prior to operation of the facility.

9.

Insurance. The organization shall obtain minimum of one million dollars ($1,000,000.00) general premises liability insurance for accident or damage suffered by persons on or near the site.

10.

Lot size. Minimum lot size shall be ten (10) acres.

11.

Zoning district. The facility shall be located in the RA zoning district.

f.

Civic, service and social fraternities (SIC 8641).

1.

Location. The facility will be located on and be accessed via a collector minor or major thoroughfare.

2.

Buffers. All buildings off street parking and service areas will be separated by a type A buffer from an abutting property in a residential zoning district or abutting a residential use.

3.

Site plan. A site plan is required.

4.

Lot size. The minimum zone lot size shall be two (2) acres.

5.

Setbacks. Structures shall have fifty (50) feet side and rear yard setbacks.

6.

Provision of food and refreshments. Provision for food, refreshment and entertainment for club members and their guests may be allowed in conjunction with this use if the board of commissioners determines that said provisions will not constitute a nuisance

g.

Model automobile racing. The use of these vehicles on a personal basis shall not be regulated in this section.

1.

Minimum lot size. The minimum lot size shall be three (3) acres.

2.

Setbacks. A fifty-foot separation from operational area to adjacent properties and road rights-of-way.

3.

Screening. Type A screen is required around operational area.

4.

Noise. The operation shall not exceed the maximum allowable noise levels as provided in section 21-241.

5.

Facility. Track operation must be outdoors. Indoor operations must be located in the NB, CBI, or IND zoning districts. The zoning administrator shall determine elements that constitute indoor.

h.

Rodeos, horse shows and similar uses (SIC 7999 (part)).

1.

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 property line.

2.

Setbacks. All animals and animal storage areas shall be a minimum of one hundred (100) feet from any zone lot line.

3.

Parking. Adequate off-street parking shall be provided for participants and spectators.

4.

Noise. Noise shall not exceed the level allowed in the county noise ordinance for residential districts.

(8)

Unclassified uses: Adult uses.

a.

Spacing. No adult use shall be located within one thousand three hundred twenty (1,320) feet from any church, public or private school, day care, public park, single-family or multifamily residence, any hotel, motel, inn, tourist camp, or similar place designed for overnight accommodation, or another adult use. This distance shall be measured from any portion of the property dedicated or utilized for the function of the above uses and the nearest point of the operational area for the proposed adult use.

b.

Treatment of windows, doors, etc. All windows, doors, openings, etc. for all adult uses shall be so located, covered, screened or otherwise treated so that views into the interior of the establishment are not possible.

c.

No adult use shall include within the establishment any quarters designed for more than one person to view any adult materials while in the same immediate vicinity, other than the primary sales area of said adult establishment.

d.

No adult use shall include within the establishment any private viewing areas designed for use by more than one person at any given time, nor shall any adult use permit more than one person at a time to occupy any private viewing area.

e.

No adult use shall include within the establishment any means of adjoining connections between private viewing areas designed to allow more than one person any access to a single private viewing area at a time. "Adjoining connections" includes, but is not limited to, any doors, windows, access panels, opening of any size whatsoever, in walls that separate individual viewing areas.

An adult use operating as a conforming use shall not be made nonconforming by the subsequent location of a church, public or private school, day care, public park, single-family or multifamily residence, any hotel, motel, inn, tourist camp, or similar place designed for overnight accommodation, or another adult use within one thousand three hundred twenty (1,320) feet of the adult use.

f.

If approved for a conditional use permit, an application and a nonrefundable fee must be presented to the zoning administrator to obtain an adult use license. At a minimum, the application shall include the following:

1.

Sufficient evidence to determine compliance with applicable portions of subsection 21-60(8).

2.

Sufficient evidence to determine compliance with any conditions of approval imposed by the board of commissioners.

3.

Acknowledgement that a supervisor will be present during hours of operation to enforce all applicable standards of approval.

4.

Acknowledgement that the business shall permit staff from appropriate county, state, or federal governments to inspect site for compliance with all applicable regulations any time during hours of operation.

5.

License fee as required by the board of commissioners.

6.

Acknowledgement that, if approved, license must be renewed annually to continue operation of business. Applicants must promptly reapply thirty (30) days before the expiration date to ensure a timely response.

The zoning administrator will approve or deny the license request within thirty (30) days of receiving the request. A license may not be issued if one (1) of the following findings has been made:

1.

License fee has not been received.

2.

Application is not complete or contains false information.

3.

Site is currently in violation of zoning ordinance or condition of approval.

No adult use business may operate until the zoning administrator has approved the license request. The license shall expire one year from the date of approval and may only be renewed by a subsequent application.

Inspections. The zoning administrator shall suspend an adult use license for thirty (30) days if one of the following determinations has been made:

1.

Refuse inspection by officials permitted by this ordinance during hours of operation.

2.

Provided false or misleading information during the conditional use or licensing process.

3.

Site is not in compliance with zoning ordinance or conditions of approval.

The adult use license will be revoked if, after the suspension period, the zoning administrator has determined that one of the above findings is still accurate.

(9)

Racetracks (SIC 7948 (part)).

a.

Lot size. The minimum lot size shall be twenty (20) acres for a go-kart track and shall be fifty (50) acres for drag strips and motor speedways.

b.

Location. The racetrack facility shall be located on a lot which has direct access to; or is contained in a commercial or industrial park which has direct access to a major thoroughfare, major collector, minor thoroughfare, minor collector, principle arterial, interstate, or service road.

c.

Lighting. No lights shine on abutting residential property.

d.

Setbacks. Go-kart tracks and stands shall be set back three hundred (300) feet from the property line. All other operations including parking shall be set back one hundred (100) feet from the property line. Drag strip and motor speedway operations, including parking, shall be set back three hundred (300) feet from side and rear property lines and one hundred (100) feet from all front and side street property lines.

e.

Security fencing. A secure fence shall be provided to restrict entry when the facility is not open.

f.

Buffer. Notwithstanding other provisions of this chapter, a type B buffer shall be provided along all side and rear property lines unless the facility abuts a similar operation.

g.

Hours of operation. Hours of operation shall not exceed 7:00 a.m. to 11:00 p.m.

h.

Muffled race vehicles. All vehicles shall be equipped with mufflers.

i.

Noise standards. The operation of the track will not exceed the maximum allowable noise levels as provided in this chapter or the county noise ordinance.

(10)

Reserved.

(11)

Manufactured home parks.

a.

Application. An application shall be provided with:

1.

Site plan as provided in section 21-52; and

2.

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

b.

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. In approving the plan, the following criteria must be met:

1.

Adequate transportation access to the site exists;

2.

The use will not significantly detract from the character of the surrounding area;

3.

Hazardous safety conditions will not result;

4.

The use will not generate significant noise, odor, glare, or dust;

5.

Excessive traffic or parking problems will not result; and

6.

The use will not create significant visual impacts for adjoining properties or passersby.

c.

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

d.

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

Front ..... 20 feet

Side ..... 15 feet

Rear ..... 20 feet

e.

Proximity to a livestock facility. No manufactured homes within a manufactured home park shall be located within three hundred (300) feet of any livestock facility.

f.

Parking. Each manufactured home space shall have four hundred (400) square feet of parking with four (4) inches of compacted stone on a well compacted subgrade.

g.

Public road frontage. The park is required to have thirty-five (35) feet of frontage on a publicly maintained road.

h.

Internal street standards.

1.

Generally. All lots shall be served by an internal street. No access directly to an existing state road is allowed for individual lots. Internal streets shall be paved a minimum of sixteen (16) feet wide. The base course shall be six-inch ABC or three-inch BCBC. The pavement surface shall consist of BST or one and one-half-inch BST or I-2. All materials shall meet the standards set forth in the latest edition of the North Carolina Standard Specifications for Roads and Structures. The subgrade, base course, and pavement surface shall be inspected and approved by the county planning and development department before a certificate of occupancy is issued. The owner of the park shall be responsible for coordinating inspection of each phase of street construction with county planning and development department. The owner of the manufactured home park shall be responsible for arranging required internal street inspections with the planning department a minimum of twenty-four (24) hours in advance. Drainage shall be reviewed prior to issuing a certificate of occupancy for the manufactured home park. All storm drainage shall be adequate so that the road may be maintained without excessive cost and will not cause flooding. In areas where ditch grades or qualities of flow deem it impractical to maintain and establish vegetation, an erosive resistant lining, such as paving or rock riprap may be required. Subsurface drainage shall be adequate to maintain a stable subgrade.

Note: Subgrade. No base course shall be placed on muck, pipe clay, organic matter or other unsuitable material. The zoning administrator may require a subgrade soil test, if needed, to determine the soils classification type.

2.

Abbreviations.

ABC: Aggregate Base Course, No. 7 Stone.

BCBC: Bituminous Concrete Base Course, Type HB (Black Base).

BST: Bituminous Surface Treatment.

I-2: Bituminous Concrete Surface Course, Type I-2 (Note: I-1 may be used in lieu of I-2).

SA: Bituminous Concrete Surface Course, Type F-1 (Sand Asphalt).

i.

Street names. Permanent street names shall be assigned to all internal streets.

j.

Signs. Signs shall be provided as follows:

1.

Street name signs shall be provided;

2.

One (1) identification sign is required at each entrance to the manufactured home park.

k.

Space numbering. Each space shall have a site number, a minimum of four (4) inches in height clearly visible from the internal street serving the space.

l.

Lighting. Street light at all intersections, internal and with public roads. Street lights at intervals no greater than five hundred (500) feet for parks with ten (10) or more spaces.

m.

Trash removal. The owner of the park shall provide one (1) of the following methods:

1.

Provision of centralized trash dumpsters; or

2.

Provision of individual covered trash containers, picked up at least once a week.

n.

Density. Density shall be calculated per gross acre as follows:

1.

Individual well and septic tank: Twenty thousand (20,000) square feet per unit.

2.

Public water or public sewer: Fifteen thousand (15,000) square feet per unit.

3.

Public water and public sewer: Ten thousand (10,000) square feet per unit.

(12)

Broadcast towers: SIC 4832 radio and SIC 4833 television broadcasting.

a.

Co-location. In order to limit visual impacts in the RA district, co-location of radio and broadcast antennas on existing broadcast towers should be the primary method for providing new or expanded radio and television coverage. Inasmuch as co-location is the preferred method for providing new or expanded radio and television coverage, co-locations may be approved administratively provided the following criteria accompanies the request:

1.

Two (2) copies of a site plan prepared by a registered professional engineer or professional land surveyor as provided in section 21-52.

2.

Height above ground and sea level of broadcast tower and height of antenna for proposed co-location.

3.

Existing tenants on the broadcast tower and their heights above ground and sea level.

b.

Analysis of existing broadcast towers. In the event the broadcast antennas cannot be co-located on an existing broadcast tower, evidence that the applicant has explored co-location opportunities with all broadcast towers in Rowan County shall accompany an application for a new broadcast tower. At a minimum, evidence of their due diligence should include:

1.

Inquires and responses to existing broadcast tower owners/operators within Rowan County requesting the following information:

i.

Tower height and height available for co-location.

ii.

Assessment of whether tower could be upgraded to accommodate their co-location, i.e. structural and/or increase in height.

2.

Using each of the broadcast towers inventoried above, provide a station coverage map depicting the anticipated signal contours for city grade vs. market grade based on height available for co-location. Areas of signal overlap and interference with other broadcast stations (as applicable) should be distinguished as well or provided on a separate map. The map(s) should depict principal arterial roads, municipal and county boundaries.

c.

New broadcast towers. All applications for new broadcast towers should contain the following:

1.

Two (2) copies of a site plan prepared by a registered professional engineer or professional land surveyor as provided in section 21-52.

2.

Topography information for site; base elevations of tower site; tower height and antenna location.

3.

Setbacks including access easements, fall zone, fencing and screening requirements found in section 21-215(1)b.1.—3.

4.

Using the latitude and longitude of the proposed tower location as a fixed point, obtain actual photographs of the site that present a zero (0) degree (north); ninety (90) degree (east); one hundred eighty (180) degree (south); two hundred seventy (270) degree (west) perspective toward the fixed point from the nearest North Carolina DOT maintained roads in relation to the site.

5.

Create photo simulations from each of the perspectives referenced above depicting the tower at a scale relative to its surroundings with specific regard to height and width.

6.

Certification from registered professional engineer that channel, frequency and power of transmitter are operating within FCC licensing limits.

7.

Provide a station coverage map depicting the anticipated signal contours for city grade vs. market grade. The map should depict principal arterial roads, municipal and county boundaries.

8.

Indicate the total population and number of persons located within the coverage area based on most recent decennial census; specifically indication the same for Rowan County.

9.

If the broadcast tower application is a site move or city of licensure change, provide the total population based on most recent decennial census and population based on most recent decennial census that will no longer receive coverage.

d.

Tower viewshed. New broadcast tower locations should limit visual impacts to the North Carolina Scenic Byway, National Register of Historical Properties and those on the statewide study list for inclusion in the National Register program. In an effort to portray the visual impacts the tower has on the surrounding area, the applicant shall provide terrain profile maps prepared in the following manner:

1.

Using the latitude and longitude of the proposed tower location as a fixed point, prepare terrain profile maps portraying line-of-site from the highest point on tower to limits of its visibility.

2.

Maps should be from the perspective that present zero (0) degree (north); ninety (90) degree (east); one hundred eighty (180) degree (south); two hundred seventy (270) degree (west) perspective from the fixed point to its limit of visibility.

3.

For reference each map should graphically portray the location of the North Carolina DOT maintained road nearest the limits of visibility.

e.

Provisions for tower safety. New broadcast towers must either be so designed as to land upon its own property or lease area in the event of a failure as certified by a North Carolina registered professional engineer. In the event tower failure is expected to occur beyond the property boundaries or lease area, a fall zone easement equal to the tower height plus ten (10) feet must be obtained.

f.

Retention of consultant. The county may elect to retain a consultant or professional services to review the application and make determinations and recommendations on relevant issues including, but not limited to, verification of the applicant's sue diligence, analysis of alternatives and compliance with state and federal rules and regulations. The applicant shall pay any expense for consulting of professional services in excess of the application fee. The county shall require any consultants to disclose any potential conflicts of interest and to hold confidential any proprietary information supplied by the applicant. At the request of the applicant, the zoning administrator shall arrange an informal consultation with the applicant to review the consultant's report prior to any hearing on the application. All determination costs are reimbursable by applicant.

g.

Removal. The applicant shall provide a surety bond substantiating that the applicant or tower owner has and will sustain the financial ability to disassemble and remove the tower, once no longer in operation. Notice shall be provided to the zoning administrator when any broadcast tower is not operational for a continuous period of three hundred sixty (360) days. Upon receipt of notification, the owner shall remove the tower within one hundred twenty (120) days.

h.

Obstruction lighting and marking. The broadcast tower shall be of a galvanized finish, or painted with a rust protective paint of an appropriate color to harmonize with the surroundings as approved by the board of commissioners. Lighting of the tower shall be as required by the FAA.

i.

FCC license required. The applicant for a new broadcast tower must be currently licensed by the FCC to provide AM, FM or television broadcast services within an area of licensure that includes Rowan County.

(13)

Specific conditional use criteria for off-premises signs.

a.

Separation of off-premises signs shall be one thousand (1,000) feet per road side as measured parallel to the road travelway. The road side is considered to consist of one (1) side of the road. Only one (1) sign per one thousand (1,000) feet shall be allowed per roadside. This standard shall apply to all roads, except signs exempted in section 21-181.

b.

Location of off-premises signs, excluding those exempted in sections 21-135(g) and 21-181, shall be limited to the CBI and IND zoning districts. In addition the property shall meet the following standards:

1.

On property (tax parcel) which has one (1) or more permanent structures devoted to commercial or commercial activity or otherwise on which commercial or industrial activity is conducted extending outward five hundred (500) feet beyond the edge of the activity. The building shall be within six hundred sixty (660) feet of nearest edge of right-of-way.

2.

Said activity shall have been on the site three (3) months or more.

3.

Site shall have all required local state and federal privilege licenses as required by law.

4.

The activity shall be serviced by approved utilities.

5.

The activity shall have direct or indirect vehicular access and be a generation of traffic volume.

6.

Employees shall be on site during usual normal and customary hours for that activity.

7.

The activity shall be visible and recognizable as commercial or industrial.

c.

For the purpose of this section none of the following activities shall be commercial or industrial:

1.

Outdoor advertising structures or activity or any other business or industrial activity carried on in connection with an outdoor advertising activity.

2.

Agricultural uses.

3.

Transient or temporary activities including seasonal activities.

4.

Activities conducted in a building principally used as a residence.

5.

Railroad tracks or sidings.

d.

Sign face area per side shall not exceed four hundred fifty (450) square feet on I-85 or three hundred (300) feet on all other roads. "Double-decker" signs are prohibited as are tandem signs.

e.

Height shall not exceed fifty (50) feet over roadway.

f.

The signs shall have a one thousand (1,000) foot separation from residences to limit detrimental effects on the residential property.

(14)

Winery, wine tasting room.

a.

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

b.

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

c.

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

(15)

Residential clustering.

a.

Purpose. The purpose is to encourage innovative development by allowing variations from normal regulations pertaining to dimensional criteria provided in article IV. In addition to the requirements of this subsection, approval of cluster subdivisions shall require approval as required by the subdivision ordinance.

b.

Development standards. Proposed residential clustering shall contain a minimum of four (4) dwelling units on a total area of two (2) or more acres.

c.

Setbacks from exterior lot lines.

Front, from rights-of-way ..... 75 feet

Side ..... 40 feet

Side street, from rights-of-way ..... 50 feet

Rear ..... 40 feet

d.

Internal setbacks.

Front, from edge of roadway ..... 20 feet

Side ..... 0 or 10 feet

Rear ..... 0 or 10 feet

e.

Buffers. As required for MFR districts.

f.

Density. To determine the total number of dwellings allowed for gross acreage excluding rights-of-way on public roads shall be divided by the minimum lot size allowed in the zoning district the subject property is in.

g.

Common areas. Maintenance of the common areas shall be the responsibility of a homeowners' association, unless a written agreement is made or the area has been deeded or accepted by the county or a local municipality. If required, the homeowners' association shall be responsible for the maintenance, payment of taxes, and shall control the open space area subject to restrictive covenants.

(16)

Multifamily developments.

a.

Application. An application shall be provided with:

1.

Site plan as provided in section 21-52; and

2.

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

b.

Density. The maximum number of units allowed is as follows:

Public water and sewer: Twelve (12).

Public or community water or public sewer or approved package treatment plant: Eight (8).

Individual or multi connection well and individual septic tank: Three (3).

c.

Modification of dimensional requirements. Notwithstanding other provisions of this chapter, the board of commissioners may approve a site plan as provided herein which modifies the dimensional criteria from article IV. Additionally, the subdivision of lots may be allowed as provided by section 22-58 of the subdivision ordinance for a planned unit development (PUD).

(Ord. of 1-19-98, § IV; Ord. of 7-12-99; Ord. of 10-18-99(2), § 2; Ord. of 1-15-01; Ord. of 7-9-01; Ord. of 3-18-02(2); Ord. of 8-19-02(2); Ord. of 5-19-03; Ord. of 8-16-04; Ord. of 9-20-04; Ord. of 11-15-04; Amend. of 3-7-05; Amend. 7-1-05; Amend. of 8-20-07; Amend. of 4-21-08; Amend. of 11-2-09; Amend. of 10-4-10; Amend. of 9-6-11; Amend. of 3-5-12; Amend. of 3-5-12; Amend. of 1-22-13; Amend. of 3-4-13; Amend. of 8-9-13; Amend. of 12-2-13; Amend. of 4-21-14; Ord. of 1-5-15; Amend. of 9-6-16; Amend. of 10-17-16; Amend. of 10-15-18; Amend. of 2-4-19)