HomeMy WebLinkAboutArchdale NC Amusement Facility OutdoorCity of Archdale Zoning Ordinance
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ARTICLE 5: SUPPLEMENTAL USE REGULATIONS
5.1 Purpose and Intent
The supplemental regulations established in this article are intended to provide additional use
and development standards for certain uses, as identified in the Table of Permitted Uses, for the
purpose of promoting compatibility and maintaining the public health, safety and general
welfare.
5.2 Supplemental Standards for Certain Uses
Where indicated in the Table of Permitted Uses, the following standards shall apply to the design,
development, and operation of sites and uses, as specified below.
5.2.1 Airport / Heliport and Helistop
1. Facilities shall be designed and located in a manner where the operation of aircraft
arriving and departing the facility do not require flight at altitudes below 500 feet AGL
above property zoned for residential use.
2. An engineering analysis demonstrating that no obstructions exist within 14 CFR Part 77
imaginary surfaces shall be provided with an application for a special use permit.
3. All runway protection and clear zones shall be located on the same property as the
aviation facility.
4. Flight operations, other than emergency operations, shall be restricted to the hours
between morning and evening nautical twilight.
5. Approach and departure patterns shall be established that prevent offsite noise exposure
above 65 dB ADNL.
6. Helistops, including temporary helistops, shall not be used for more than 24 combined
takeoffs and landings per operational day when located within 1,000 feet of residentially
zoned property.
5.2.2 Amusement Facility, Outdoor
1. The minimum lot size for all development except miniature golf facilities shall be 2 acres.
2. No principal buildings or structures shall be located within 50 feet of any property line.
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3. Security fencing, a minimum of 6 feet in height, shall be provided along the entire
boundary containing amusement activities and facilities.
4. No amusement equipment, machinery, or mechanical device of any kind may be operated
within 200 feet of any residentially zoned property.
5. Outdoor Amusement Facilities shall not operate between the hours of 10:00 pm and 8:00
am.
5.2.3 Animal Shelter
1. This section shall apply to Animal Shelters located in the R-40 district.
2. Animal Shelters shall be situated on a parcel of land at least 5 acres in size.
3. No structures or facilities, including outdoor animal exercise or holding areas, shall be
located within 200 feet of an external parcel line adjoining a residentially zoned or used
property.
5.2.4 Bars and Nightclubs
1. No such establishment shall be located within 500 feet of a church, school, or public park,
or 200 feet from residentially zoned property.
2. The main entrance of the building shall face a street designated as a collector or arterial
street.
3. A minimum 6-foot-high opaque fence shall be erected adjacent to the property line of
abutting residences.
4. Parking areas related to the establishment shall be located no closer than 30 feet to the
property line of abutting residences.
5. No such establishment shall be located within 500 feet of any other bar or nightclub.
5.2.5 Bed and Breakfast Inn
1. No more than 6 bedrooms shall be made available for guest occupancy.
2. Off-street parking shall be provided in the rear yard of the structure at a minimum rate of
one space per guest bedroom plus two additional spaces.
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3. The dwelling housing the Bed and Breakfast Inn shall have been originally constructed for
residential use.
4. Only one kitchen shall be provided in the dwelling.
5. The Inn shall be operated by a resident manager, and no more than one other person may
be employed in the operation of the Inn in addition to the resident manager.
5.2.6 Childcare Center
1. The provisions of this section hall apply to Childcare Centers in the R-10, R-12.5, R-15,
and R-40 districts.
2. Childcare Centers shall be situated on a parcel of land at least one acre in size.
3. Outdoor recreation areas shall be set back at least 30 feet from the property line of
any parcel zoned or used for residential purposes.
4. The parcel housing the facility shall be situated on a street designated as a collector
or arterial street.
5. Sufficient on-site parking and circulation shall be provided to ensure that all vehicular
traffic can be accommodated on the parcel.
5.2.7 Community Center
1. The provisions of this section hall apply to Community Centers in the R-10, R-12.5, R-
15, and R-40 districts.
2. Community Centers shall be situated on a parcel of land at least one acre in size.
3. Community Centers shall be limited in size so that the maximum fire occupancy rating
of the facility does not exceed 200 occupants.
4. The parcel housing the facility shall be situated on a street designated as a collector
or arterial street, except that in the R-40 district, a Community Center may be located
on a street designated as local, provided that the facility does not have a fire
occupancy rating of more than 100 occupants.
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5.2.8 Crematorium
1. The provisions of this section shall apply to Crematoriums located in the OI, HB, and
B-1 districts.
2. Structures housing a crematorium shall not be located any closer than 500 feet to a
residentially zoned property.
3. Crematorium facilities shall not emit any visible emissions from the operation of the
facility.
5.2.9 Cultural Facility
1. The provisions of this section hall apply to Cultural Facilities in R-40 district.
2. Cultural Facilities shall be situated on a parcel of land at least 20,000 square feet size.
3. Cultural Facilities shall be limited in size so that the maximum fire occupancy rating of the
facility does not exceed 200 occupants.
4. The parcel housing the facility shall be situated on a street designated as a collector or
arterial street, except that, a Cultural Facility may be located on a street designated as
local, provided that the facility does not have a fire occupancy rating of more than 100
occupants.
5.2.10 Dwelling, Single Family Attached and Multi-Family Attached
1. General Requirements:
a. The bulk, scale, and front yard setback of infill development shall be similar to and
consistent with the surrounding neighborhood around all adjoining single-family
residential property boundaries.
b. The maximum impervious surface coverage area is 50%.
c. All streets within the interior of the development shall be public streets as defined in
this Section.
d. All dwelling units shall front upon a public street.
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e. All utilities within the development shall be located underground. Nothing in this
section shall require the placement of off-site electric utilities underground in
conformance with the provisions of NCGS 160D-804(h).
2. Dimensional Requirements:
a. Attached dwelling units may be developed at a density not exceeding 1 unit per 5,000
square feet of lot area, provided that there is no minimum size required for sublots
intended for individual ownership upon a parcel containing units designed and
constructed as single-family attached units.
b. The minimum front yard setback for attached dwellings situated on newly constructed
interior streets is 10 feet as measured from the public right-of-way. If driveway access
to the structure is taken from the front of the lot, the minimum setback shall be 20 feet.
c. The front yard setback for a single structure containing attached dwelling units
developed as an infill project, such as a duplex or triplex, etc., along an existing public
right of way shall be the lesser of 35 feet or the prevailing setback of the structures
situated on the lots on either side of the lot containing the attached dwelling units
d. The exterior side and rear yard setbacks are 20 feet as measured from adjoining
property lines that are not part of the common plan of development containing the
attached dwelling units.
e. The maximum building height is 35 feet.
f. No individual structure shall contain more than 5 attached dwelling units or exceed 120
feet in length.
g. The minimum separation between buildings shall be 20 feet.
3. Streets, Parking, and Walkways:
a. Interior streets shall conform to the City of Archdale Construction and Development
Standards. All streets shall be dedicated to the public.
b. All interior streets must be constructed with curb and gutter.
c. Sidewalks meeting the design requirements of the City of Archdale Construction and
Development Standards shall be installed on both sides of the street.
d. Street stub outs to adjoining property shall be provided wherever feasible.
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e. If the developer provides off-street parking instead of, or in addition to, individual
driveways/garages for each dwelling unit, the following standards must be met:
f. The off-street parking area shall meet all general design standards set forth in this
ordinance and must be maintained by a private property owners association.
g. Walkways must connect the off-street parking area to dwelling units as well as to the
sidewalk along the public street.
h. Off-street spaces shall be provided in accordance to the following schedule:
i. Off street parking areas shall be located to the rear of the structures that they serve.
j. No off-street parking area is permitted to be located within the exterior side and rear
yard setback or buffer areas.
k. Exterior street access shall be provided as follows:
l. Developments containing 30 or fewer single family attached dwelling units are
permitted to provide one street access to the exterior street network. Developments
containing more than 30 single family attached dwelling units shall provide at least two
street access points to the exterior street network.
m. Developments containing 100 or fewer multi-family attached dwelling units are
permitted to provide one street access to the exterior street network. Developments
containing more than 100 multi-family attached dwelling units shall provide at least
two street access points to the exterior street network.
n. Walkways shall be constructed to provide links between residential buildings, off-
street parking areas, mail kiosks, solid waste disposal, and adjoining sidewalks and
greenways.
4. Building Design Standards:
a. All developments containing multi-family attached dwelling unit shall provide a
detailed design elevation for review.
1 Bedroom Units 1.5 spaces per unit
2 Bedroom Units 2.0 spaces per unit
3 Bedroom Units 2.4 spaces per unit
Additional Bedrooms 0.5 spaces per additional unit
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b. To provide for variation and distinction of each individual unit, the following standards
are required:
c. Variation in building designs and/or material colors shall be used to create variety
throughout the development.
d. Offsets in the building face and roof a minimum of 12 inches shall be provided.
e. A minimum of 80% of each building wall shall be clad in high-quality materials,
excluding EIFS, stucco, smooth concrete masonry units, corrugated and smooth metal
panels, and vinyl siding.
f. The type and proportion of materials shall be consistent upon each building wall.
g. Garages shall be designed so that they are not the predominant feature on the front of
the building. Rear access or detached rear garages is preferred.
h. Front porches with a minimum depth of 6 feet and extending a minimum of 40% of the
width of the dwelling unit are required on the front of all units.
i. All rooftop mechanical equipment shall be screened from view of the street.
j. The design of accessory structures shall be similar to the primary structure.
5. Landscaping and Buffering
a. All generally applicable landscaping and buffering standards, as set forth in Article X
shall apply.
6. Open Space Standards:
Dedicated open space shall be provided based on the following schedule:
a. Developments of less than 100 units – minimum 10% of the development excluding
required setbacks and buffer areas.
b. Developments of more than 100 units – minimum 1 acre for each 100 units excluding
required setbacks and buffer areas.
c. The open space shall be owned and maintained by a property owners association.
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d. In any case where the City Council agrees to accept open space from the developer,
the dedication shall count to serve this open space requirement assuming it meets the
minimum requirements from paragraph 1 and 2.
7. Mail Kiosks:
a. When mail kiosks are used as opposed to a mailbox at each unit, the kiosk shall not be
located in any front setback from the thoroughfare, or side or rear setback from
adjoining property.
8. Sign Standards:
a. 1 monument-type ground sign shall be provided for each entranceway from a
thoroughfare.
b. The maximum height shall be 6 feet above ground level (prior to any berm
construction).
c. The maximum copy area shall be 32 square feet.
d. Signs may be located in the front planting yard.
5.2.11 Dwelling, Multi-Family Stacked
1. General Requirements:
a. The maximum impervious surface coverage area is 50%.
b. All structures shall front upon a public street.
c. All utilities within the development shall be located underground. Nothing in this
section shall require the placement of off-site electric utilities underground in
conformance with the provisions of NCGS 160D-804(h).
2. Dimensional Requirements:
a. The minimum lot size shall be 10,000 square feet, upon which a maximum of 4 multi-
family stacked dwelling units shall be permitted. Additional dwelling units shall be
permitted at an overall density of 12 dwelling units per acre.
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b. The front yard setback for interior streets is 15 feet as measured from the edge of the
street or curb.
c. The side and rear yard setback is 20 feet as measured from adjoining property lines.
d. The maximum building height is 35 feet.
e. The maximum building length is 120 feet.
f. Buildings shall be separated by a minimum of 20 feet.
3. Streets, Parking, and Walkways:
a. Interior streets shall conform to the City of Archdale Construction and Development
Standards. All streets shall be dedicated to the public.
b. All interior streets must be constructed with curb and gutter.
c. Sidewalks meeting the design requirements of the City of Archdale Construction and
Development Standards shall be installed on both sides of all streets.
d. Street stub outs to adjoining property shall be provided wherever feasible.
e. Off-street parking areas shall meet all general design standards set forth in this
ordinance.
f. Sidewalks shall be constructed to connect off-street parking areas to each building that
they serve as well as to the sidewalk along the public street.
g. Off-street spaces shall be provided in accordance to the following schedule:
h. Off street parking areas shall be located to the rear of the structures that they serve.
1 Bedroom Units 1.5 spaces per unit
2 Bedroom Units 2.0 spaces per unit
3 Bedroom Units 2.4 spaces per unit
Additional Bedrooms 0.5 spaces per additional unit
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i. No off-street parking area is permitted to be located within the exterior side and rear
yard setback or buffer areas.
j. Developments containing 100 or fewer multi-family dwelling units are permitted to
provide one street access to the exterior street network. Developments containing
more than 100 multi-family dwelling units shall provide at least two street access points
to the exterior street network.
k. Walkways shall be constructed to provide links between residential buildings, off-street
parking areas, mail kiosks, solid waste disposal areas, and sidewalks and greenways
external to the development.
4. Building Design Standards:
a. The primary exterior cladding material applied to front and side building walls shall
consist of masonry (brick or stone only, including cast panels or veneers) or fibrous
cement horizontal lap siding (or similar) that is installed with a minimum 7” vertical
exposure. The primary material shall clad a minimum of 80% of each applicable building
wall.
b. A single primary cladding material shall be utilized, and shall be identical in type and
style on front and side building walls.
c. EIFS, stucco, plain concrete masonry units, and vinyl siding shall be prohibited as
secondary materials on front and side building walls.
d. Windows shall be included on each front and side building wall. The end units of
attached dwellings shall have a minimum of 10% glazed area per story on their exposed
side building walls.
e. Windows shall be recessed by a minimum of 1” from the surrounding frame and
cladding material.
f. Where pitched roof forms are utilized, they shall meet the following:
g. Minimum 4:12 pitch
h. Minimum 12” overhang
i. Roof drainage shall be provided with gutters and downspouts.
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j. Where flat roof forms are used, they shall be screened by a continuous parapet wall.
5. Open Space Standards:
Dedicated open space shall be provided based on the following schedule:
a. Developments of less than 100 units – minimum 10% of the development excluding
required setbacks and buffers.
b. Developments of more than 100 units – minimum 1 acre for each 100 units excluding
required setbacks and buffers.
c. The open space should be dedicated to a private association.
d. In any case where the City Council agrees to accept open space from the developer,
the dedication shall count to serve this open space requirement assuming it meets the
minimum requirements from paragraphs 1 and 2 above.
6. Landscaping and Buffering Standards:
1. All generally applicable landscaping and buffering standards, as set forth in Article X
shall apply.
7. Solid Waste Facilities:
1. The developer shall install solid waste storage facilities consisting of a minimum 10
foot by 20-foot concrete pad with vehicle apron and a minimum 6-foot-high opaque
fence on the sides and rear of the facility with a gated front. 2 bollards are also
required to protect the fence. The facility shall not be in any required front setback
from the thoroughfare or in any side or rear yard setback or buffer from adjoining
property.
8. Mail Kiosks:
1. Mail kiosks shall not be located in any front setback from the thoroughfare or any side
or rear setback from adjoining property.
9. Sign Standards:
1. One monument-type ground sign shall be provided for each entranceway from a
thoroughfare. The maximum height shall be 6 feet above ground level (prior to any
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berm construction). The maximum copy area shall be 32 square feet. Signs may be
located in the front planting yard.
5.2.12 Equestrian Riding Facilities / Schools, Commercial and Equestrian Stables, Commercial
1. The provisions of this section shall apply to Equestrian facilities in the R-40 district.
2. The facility shall be situated on a parcel of at least 10 acres in size, provided that if
boarding is provided, at least one acre of pasture shall be provided for each stall that is
available for boarding.
3. All barns, stables, riding instruction areas, arenas, parking lots, and similar facilities shall
be located no closer than 100 feet to an adjoining property line.
4. Horse shows, competitions, and other events shall be permitted only upon the issuance
of a Special Use Permit authorizing the use of the property as an Event Venue.
5. Overnight accommodations, whether permanent or temporary, shall not be permitted
with the exception of the owner / operator of the venue or a caretaker residence.
5.2.13 Event Venue
1. The provisions of this section shall apply to Event Venues in the R-40 district.
2. Event Venues shall be situated on a parcel of land at least 10 acres in size,
3. No structures used for events or outdoor event areas shall be located within 100 feet of
an external property line.
4. Events shall not exceed 200 guests unless a larger number is approved as part of the
Special Use Permit. In authorizing a larger number, the City Council shall consider
sanitation, traffic impacts, and impacts to adjoining residential properties.
5. Event Venues shall not operate or permit guests (other than catering or other event
personnel) to remain onside between the hours of 10:00 pm and 8:00 am.
6. When access to the venue is from a street having greater than 2,000 AADT, the venue
shall employ the services of one or more off-duty law enforcement officers to direct traffic
entering and exiting the venue for any event where more than 200 guests are attending.
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7. Event Venues shall not operate on more than 52 days per calendar year unless a larger
number of operational days is authorized by the City Council in approving the Special Use
Permit. In authorizing a larger number of operating days, the City Council shall consider
sanitation, traffic impacts, and impacts to adjoining residential properties.
5.2.14 Family Childcare Home
1. The provisions of this section hall apply to Family Childcare Homes in the R-10, R-12.5, R-
15, and R-40 districts.
2. No Family Childcare Home shall be issued a Zoning Permit unless it is located on a parcel
separated by at least 500 feet from any other parcel containing an existing Family
Childcare Homes.
5.2.15 Government Office / Facility
1. The provisions of this section hall apply to Government Offices / Facilities in the R-10, R-
12.5, R-15, and R-40 districts.
2. Government Offices / Facilities shall be situated on a parcel of land at least 20,000 square
feet in size.
3. The parcel housing the office or facility shall be situated on a street designated as a
collector or arterial street.
5.2.16 Home Occupation
1. Customary home occupations such as dressmaking, cooking and baking, hairdressing,
music instruction, and the practice of such professions as psychology and accounting are
permitted in each residential zoning district.
2. Only 1 person other than those residing in the home shall be engaged in the occupation.
3. The use of the dwelling unit for the home occupation shall be clearly incidental and
subordinate to its use for residential purposes by its occupants and not more than 25% of
the floor area of the dwelling unit shall be used in the conduct of the home occupation.
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4. There shall be no changes in the outside appearance of the building or premises, or other
visible evidence of the conduct of such home occupation except 1 non-illuminated sign
not exceeding 4 square feet.
5. No traffic shall be generated by such home occupation in greater volumes than would
normally be expected in a residential neighborhood and any need for parking generated
by the conduct of such home occupation shall be met off the street and other than in a
required front yard.
6. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odors, or electrical interference detectable to the normal senses
off the lot. In the case of electrical interference, no equipment or process shall be used
which creates visual or audible interference in any radio or television receivers off the
premises or which causes fluctuations in line voltage off the premises.
5.2.17 Kennel / Animal Boarding
1. The minimum parcel size shall be one acre for the boarding of up to 10 animals, provided
that one additional acre shall be required for each 10 additional animals boarded at the
facility.
2. The minimum lot size requirements may be waived if a kennel is constructed to entirely
enclose all kennel facilities so as to adequately protect all animals from weather extremes
and to protect adjacent residences from noise, odors, and other objectionable
characteristics, provided all building setback requirements are in accordance with
Subsection 2 below.
3. All structures used in the operation of the kennel shall have minimum front, side, and rear
yards of 150 feet. There shall be a separation of at least 500 feet between residences on
adjoining tracts and any building used for kennel operation.
4. Sewage disposal system and sanitation control methods as approved by the County Board
of Health shall be required for all kennels.
5.2.18 Lodging Establishment
1. Lodging Establishments shall be designed so that all guest rooms are accessible from an
enclosed interior corridor.
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5.2.19 Mobile Food Vending
1. Mobile Food Vendors shall be permitted to conduct sales on commercial and business
property, but shall be prohibited from conducting sales on residential property, public
property, public right-of-way, or public roads, unless otherwise authorized by the City of
Archdale.
2. All activities related to the Mobile Food Vendor’s operation - including but not limited to
queuing, ordering, waiting, etc. - shall not block or impede any driveway or lane of travel.
3. Mobile Food Vendors shall be prohibited from utilizing any portion of a designated
handicapped parking space.
4. Mobile Food Units must be located at least 100 feet away from the primary entrance of
any restaurant unless the Unit is located on the same parcel and is authorized by said
restaurant owner.
5. Mobile Food Units must be located at least 15 feet away from all property lines.
6. Mobile Food Units must be located at least 15 feet away from any driveway entrance,
public street, utility box or vault, handicapped ramp, and sidewalk.
7. Mobile Food Units must be located at least 15 feet away from any fire hydrant.
8. Mobile Food Units must be located at least 15 feet away from the nearest building.
9. Signage associated with a Mobile Food Unit shall be limited to signs permanently attached
to the Mobile Food Unit and/or one portable menu sign, no more than six (6) square feet
in display area, located on the ground in the customer waiting area. Under no
circumstances shall menu signs associated with a Mobile Food Unit impede
traffic/visibility, be located within the public right-of-way, or block sidewalks.
10. Mobile Food Vendors shall be prohibited from conducting sales on the same parcel for
more than 12 hours within a 24-hour period.
11. Mobile Food Vendors shall not operate on the same parcel for more than 10 days within
a single month. No parcel shall be occupied by a Mobile Food Unit for more than 10 days
within a single month. If the parcel on which a Mobile Food Unit is located has a primary
building, overnight storage of the Unit shall be permitted so long as the Unit is stored
behind the building so as to be concealed or shielded from street view.
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12. Mobile Food Vendors conducting sales after-dark shall provide appropriate lighting that
is located, screened, or shielded to prevent direct glare onto neighboring lots or the
impairment of passing motorists.
13. Mobile Food Vendors shall be responsible for the proper disposal of all trash or waste
associated with the operation of a Mobile Food Unit.
14. In no case shall a Mobile Food Vendor dispose of any solid or liquid waste into sanitary
sewer lines, public storm drains, or onto sidewalks, streets, or other public space.
15. Mobile Food Vendors shall have a valid permit from the North Carolina Department of
Health. The permit shall be placed in a conspicuous manner for public inspection.
16. Mobile Food Vendors shall provide to the City of Archdale proof of an insurance policy
issued by an insurance company licensed to do business in the State of North Carolina,
protecting the Mobile Food Vendor and the City of Archdale from all claims for damages
to property and bodily injury, including death, which may arise from the operation of a
Mobile Food Unit. Such insurance shall name the City of Archdale as additional insured
and shall always remain in full force and effect during which the Mobile Food Vendor is
operating in the City of Archdale. Such insurance shall afford minimum limits of one
hundred thousand dollars ($100,000.00) per person bodily injury, three hundred
thousand dollars ($300,000.00) per occurrence bodily injury, and of one hundred
thousand dollars ($100,000.00) per occurrence property damage.
5.2.20 Mobile Vendors and Services, Other
1. Mobile Vendors shall be permitted to operate in the districts indicated in the Table of
Permitted Uses, provided that within a residential district, a vendor may only provide
services upon the property of a client who has requested the service. Services may be
offered to the public upon any property where the zoning would allow the use by-right in
a nonresidential zoning district.
2. The owner of the property upon which a Mobile Vendor offers their services to the public
shall sign the application for the establishment of the temporary use on the property.
3. When offering services to the public, mobile vendors shall not park their unit or offer their
goods or services within 15 feet of a property line, a public the right-of-way, or a structure
on the property on which the unit is situated.
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4. Mobile vendors shall not block any driveway, parking place, fire hydrant, utility
equipment, or otherwise impede circulation or access upon the site which they are
located.
5. No mobile vendor shall operate within the right-of-way.
6. Mobile vendors may offer their services to the public during daylight hours only.
7. The permit application shall specify the manner that the vendor intends to capture and
dispose of any waste, including wastewater from automobile washing.
8. Permits for any individual location shall be issued for a maximum period of 10 consecutive
days. In no case may any parcel host a mobile vendor of any type for more than 10 days
in a calendar month.
9. Signage associated with a Mobile Vendor shall be limited to signs permanently attached
to the Mobile Food Unit and/or one portable sign, no more than six (6) square feet in
display area. Under no circumstances shall signs associated with a Mobile Vendor impede
traffic/visibility, be located within the public right-of-way, or block sidewalks.
5.2.21 Outdoor Adventure Recreation
1. Outdoor Adventure Recreation uses shall not operate between the hours of 10:00 pm and
8:00 am.
2. No structures or recreation facilities shall be located within 100 feet of the property line
of an adjoining residentially zoned property.
3. Loding, camping, and other overnight accommodations for patrons are prohibited.
5.2.22 Outdoor Entertainment and Temporary Outdoor Entertainment
1. Outdoor Entertainment shall not be permitted between 10:00 pm and 8:00 am.
2. Performance areas shall be located at least 100 feet from any residential dwelling, except
within the Downtown District.
5.2.23 Public Safety Facility
1. The provisions of this section shall apply to Public Safety Facilities in the R-10, R-12.5, R-
15, and R-40 districts.
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2. Public Safety Facilities shall be situated on a parcel of land at least 20,000 square feet in
size.
3. The parcel housing the office or facility shall be situated on a street designated as a
collector or arterial street, except that in the R-40 district, a Public Safety Facility shall be
permitted to be located on a street designated as local.
5.2.24 Real Estate Development Sales Office
1. One Real Estate Development Sales Office shall be permitted to be established within a
new single-family residential subdivision containing 100 or more lots.
2. The structure used for the sales office may be either a dwelling built for sale within the
subdivision or a temporary structure placed on-site for the purpose of serving as the sales
office.
3. Following the closing of the sale of the final lot in the subdivision, the sales office shall
cease operation for other than residential use, and if a temporary structure, shall be
removed within 30 days of closing.
5.2.25 Residential Care Facility
1. The provisions of this section shall apply to Residential Care Facilities in the R-40, R-15, R-
12.5, and R-10 districts.
2. Residential Care Facilities shall be located on a parcel of land having a minimum size of
one acre.
3. No portion of the principal structure or any accessory structures shall be located within
50 feet of a property line.
4. The facility shall be located on a road designated as a collector or arterial.
5.2.26 Self-Storage Facility, Outdoor
1. All outdoor storage areas shall be enclosed by an opaque fence or wall with a minimum
height of 6 feet.
2. No outdoor storage area shall be located within 50 feet of a public road or within 50 feet
of a property zoned for residential use.
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5.2.27 Sexually Oriented Business
1. Sexually Oriented Businesses shall not be located within 500 feet of a religious institution,
public park, childcare center, school, or residentially zoned or used property.
2. No Sexually Oriented Business shall be established within 1,000 feet from the premises of
an existing Sexually Oriented Business.
3. Unless an establishment holds an on-premises alcohol sales license issued by the North
Carolina ABC Commission, it shall not operate between the hours of 10:00 pm and 8:00
am. Licensed establishments shall be permitted to operate during the hours within which
sales are permitted under the ABC license.
5.2.28 Shooting Range, Outdoor
1. Outdoor shooting ranges shall be situated on a parcel of land at least 10 acres in size, but
in no case shall the size or configuration of the parcel upon which the range is situated be
smaller than that which is necessary to ensure that munitions fired on the range(s) are
unable to leave the parcel upon which the range is situated, as designed.
2. All ranges shall be designed in conformance with the best practices and technical
standards for safety and noise reduction as set forth in the most recent edition of the
National Rifle Association Range Source Book.
3. Range owners / operators shall prohibit the use of firearms or ammunition that exceed
the safety tolerances of the design of the range.
4. Outdoor ranges may only operate during the hours between 8:00 am and 8:00 pm.
5. Amplified sound, other than those used to provide warnings and ensure the safe
operation of the range are prohibited.
6. Noise levels related to the operation of the range shall not exceed 87dB at an exterior
property line adjoining a residentially zoned property, as demonstrated by a noise model
of the range prepared using the types of firearms and ammunition that will be permitted
on the range.
7. Applications for a special use permit for an outdoor shooting range shall contain sufficient
information related to the design and construction specification of the range to
demonstrate compliance with all applicable standards.
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5.2.29 Solar Energy Production Facility, Commercial
Commercial Solar Energy Production Facilities shall be required to comply with the following
standards.
1. Energy: The electricity generated by the facility shall be sold to a wholesale electricity
market through a regional transmission organization and an inter-connection with the
local utility power grid and/or for direct distribution to a number of properties and
consumers.
2. The construction of the facility shall be in accordance with an approved building permit
application. If the solar energy facility is to be inter-connected to the local utility power
grid, a copy of the conditional approval from the local utility must be provided prior to or
at the time of application for the required building permit.
3. Setback: Ground-mounted systems shall be setback a minimum of 100 feet from any
property line.
4. Ground-Mounted Systems:
a. The total height of the solar energy system, including any mounts, shall not exceed 25
feet above the ground when orientated at maximum tilt.
5. Shall be mounted onto a pole, rack, or suitable foundation, in accordance with
manufacturer specifications, in order to ensure the safe operation and stability of the
system. The mounting structure (fixed or tracking capable) shall be comprised of
materials approved by the manufacturer, which are able to fully support the system
components and withstand adverse weather conditions.
6. Multiple mounting structures shall be spaced apart at the distance recommended by the
manufacturer to ensure safety and maximum efficiency.
7. Shall be fully screened from adjoining properties and adjacent roads by a buffer yard. The
location of this buffer yard must take shading into account so it does not affect the
system’s efficiency.
8. Any glare generated by the system must be mitigated or directed away from an adjoining
property or adjacent road when it creates a nuisance or safety hazard.
9. It shall be demonstrated that the solar energy facility shall not unreasonably interfere
with the view of, or from, sites of significant public interest such as a public park, a state
designated scenic road, or historic resources.
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10. Any electrical wiring used in the system shall be underground (trenched) except where
wiring is brought together for inter-connection to system components and/or the local
utility power grid.
11. No ground-mounted solar energy systems shall be affixed to a block wall or fence.
12. Roof-Mounted Systems:
13. Roof-Mounted systems shall include integrated solar shingles, tiles, or panels as the
surface layer of the roof structure with no additional apparent change in relief or
projection (the preferred installation), or separate flush or frame-mounted solar panels
attached to the roof surface.
14. Separate flush or frame-mounted solar energy systems installed on the roof of a building
or structure shall not:
15. project vertically above the peak of the sloped roof to which it is attached; or
16. project vertically more than 5 feet above a flat roof installation. The combined height of
a roof-mounted system and the principal structure to which it is attached may not exceed
the maximum height for the relative zone, in which it is located.
17. It shall be demonstrated that the placement of the system shall not adversely affect safe
access to the roof, pathways to specific areas of the roof, and safe egress from the roof.
18. Any glare generated by the system must be mitigated or directed away from an adjoining
property or adjacent road when it creates a nuisance or safety hazard.
19. Appearance:
a. The system shall remain painted or finished the color or finish that was originally
applied by the manufacturer.
20. All signs, other than the manufacturer's identification, installer's identification,
appropriate warning signs, or owner identification on a solar energy system shall be
prohibited. Not more than 1 manufacturer label bonded to or painted upon the solar
energy system shall be permitted.
21. Code Compliance:
a. A solar energy system shall comply with all applicable building and electrical codes.
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22. All obsolete or unused systems shall be removed within 12 months of cessation of
operations without cost to the City. Reusable components are to be recycled whenever
possible.
5.2.30 Solar Energy System, Accessory
Accessory solar energy systems shall be a permitted as an accessory use by right in all zoning
districts, subject to the requirements set forth in this Section. Solar energy systems include
ground, pole, and roof mounted systems.
1. Energy: The energy generated by the solar energy system shall be used for direct
consumption on the subject property and/or for inter-connection to the electric utility
power grid to off-set energy use on the subject property, in accordance with current state
net-metering laws.
2. The construction of the solar energy system shall be in accordance with an approved
building permit application. If the solar energy system is to be inter-connected to the
local utility power grid, a copy of the conditional approval from the local utility must be
provided prior to or at the time of application for the required building permit.
3. Setback: Ground- or pole-mounted solar energy systems shall be placed so that no
individual component of the solar system may extend into the side or rear setback. Solar
energy systems may be placed no closer than 10 feet from the rear lot line (except on
double frontage lots) and 10 feet from side lot lines. Ground- or pole-mounted solar
energy system shall only be allowed in rear yards.
4. Ground-Mounted Accessory Solar Energy Systems:
a. The total height of the solar energy system, including any mounts shall not exceed 12
feet above the ground when orientated at maximum tilt. If the solar energy system is
intended to provide power for outdoor lighting, the system shall not extend higher than
the permitted height of the structure to which it is attached and/or inter-connected to.
b. Shall be mounted onto a pole, rack, or suitable foundation, in accordance with
manufacturer specifications, in order to ensure the safe operation and stability of the
system. The mounting structure (fixed or tracking capable) shall be comprised of
materials approved by the manufacturer, which are able to fully support the system
components and withstand adverse weather conditions.
c. Multiple mounting structures shall be spaced apart at the distance recommended by
the manufacturer to ensure safety and maximum efficiency.
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d. Any glare generated by the system must be mitigated or directed away from an
adjoining property or adjacent road when it creates a nuisance or safety hazard.
e. It shall be demonstrated that the solar energy system shall not unreasonably interfere
with the view of, or from, sites of significant public interest such as a public park, a state
designated scenic road, or historic resources.
f. Any electrical wiring used in the system shall be underground (trenched) except where
wiring is brought together for inter-connection to system components and/or the local
utility power grid.
g. No ground-mounted solar energy systems shall be affixed to a block wall or fence.
5. Roof-Mounted Solar Energy Systems
a. Roof-mounted solar energy systems shall include integrated solar shingles, tiles, or
panels as the surface layer of the roof structure with no additional apparent change in
relief or projection (the preferred installation), or separate flush or frame-mounted
solar panels attached to the roof surface.
b. Separate flush or frame-mounted solar energy systems installed on the roof of a
building or structure shall not:
i. project vertically above the peak of the sloped roof to which it is attached; or
ii. project vertically more than 5 feet above a flat roof installation.
c. The combined height of a roof-mounted system and the principal structure to which it
is attached may not exceed the maximum height for the zoning district in which it is
located.
d. It shall be demonstrated that the placement of the system shall not adversely affect
safe access to the roof, pathways to specific areas of the roof, and safe egress from the
roof.
e. Any glare generated by the system must be mitigated or directed away from an
adjoining property or adjacent road when it creates a nuisance or safety hazard.
6. Appearance
a. The solar energy system shall remain painted or finished the color or finish that was
originally applied by the manufacturer.
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b. All signs, other than the manufacturer's identification, installer's identification,
appropriate warning signs, or owner identification on a solar energy system shall be
prohibited. Not more than 1 manufacturer label bonded to or painted upon the solar
energy system shall be permitted.
7. Code Compliance:
a. A solar energy system shall comply with all applicable construction and electrical codes.
8. All obsolete or unused systems shall be removed within 12 months of cessation of
operations without cost to the City. Reusable components are to be recycled whenever
possible.
9. Violations: Subsequent to the effective date of this Ordinance, it is unlawful for any
person to construct, install, or operate a solar energy system that is not in compliance
with this Article or with any condition contained in a building permit issued pursuant to
this Article.
5.2.31 Special Events, Outdoor
1. A permit for an Outdoor Special Event may be issued upon a finding by the Administrator
that the proposed use meets the standards set forth below.
2. The nature and hours of operation of the proposed use will not negatively impact nearby
or adjoining residential properties.
3. Adequate plans have been prepared for public sanitation and the removal of solid waste.
4. Adequate plans have been prepared to ensure public safety.
5. Sufficient off-street parking will be provided onsite, or accommodations for remote
parking and access are in place.
6. The proposed manner of ingress, egress, onsite traffic circulation, and traffic control will
not negatively impact traffic safety.
7. Permits for Outdoor Special Events may be issued for a maximum duration of seven days,
provided that the issuance of such permits for any individual parcel or group of parcels
under common ownership shall be limited to 10 days total per calendar year.
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5.2.32 Sports Instruction Schools and Sports Parks, Private / Commercial
1. The regulations in this section are applicable in the R-40 district.
2. The minimum parcel size shall be 5 acres.
3. No structures or recreation areas shall be permitted within 100 feet of a property line
when adjoining a parcel zoned for residential use.
4. Outdoor lighting is prohibited for any recreation field or facility within 500 feet of a
residential dwelling.
5. The hours of operation are limited to 8:00 am until 8:00 pm Monday – Thursday, 8:00 am
until 10:00 pm Friday and Saturday, and 12:00 pm until 8:00 pm on Sunday.
5.2.33 Truck Stop
1. Truck Stops shall be situated on a parcel with direct access to a street classified as an
arterial.
2. No more than 50 spaces for the overnight parking of truck / trailers may be provided.
5.2.34 Vehicle Repair Facility, Major
1. A screened storage yard shall be provided for the storage of any vehicle that is to be kept
on the lot for more than 24 hours.
2. The storage yard shall be enclosed by a fence or wall with a minimum height of 6 feet.
3. The storage yard shall be situated at the rear of the property, and shall be set back from
any adjacent residentially zoned property by a minimum of 50 feet.
5.2.35 Vehicle Sales and Rental, Passenger
1. Vehicle display areas shall be set back a minimum of 20 feet from all property lines and
public rights-of-way.
2. The requirement for internal parking lot landscaping shall be waived, provided that all
other street landscaping, buffering, and screening requirements shall be applicable. If a
vehicle display area is converted to parking for another use, all landscaping requirements
shall be met prior to receipt of final zoning clearance.
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3. A permanent structure shall be located on the parcel to serve as the sales office.
4. All vehicle display areas, vehicle storage areas, and customer parking areas shall be paved
with asphalt or concrete.
5. No outdoor lighting, other than that which is generally permitted for vehicle parking areas
may be utilized.
5.2.36 Veterinary Services
1. The following standards shall apply to Veterinary Services establishments in the R-40
district.
2. The minimum lot size shall be 3 acres. If animal boarding services are provided, the
minimum lot size shall be increased by the amount of acreage required for an Animal
Boarding use, in addition to the minimum 3 acres standard.
3. The parcel on which the use is situated shall take access from a street designated as a
collector or arterial.
4. No structure or parking area shall be located within 100 feet of a property line of a parcel
zoned for residential use.
5. If Animal Boarding is provided, all requirements for that use shall be met.
5.2.37 Wireless Telecommunications and Small Cell Facilities
1. Purpose and Legislative Intent
a. The Telecommunications Act of 1996 affirmed the City of Archdale’s authority
concerning the placement, construction and Modification of Wireless
Telecommunications Facilities or Complexes. This ordinance provides for the safe and
efficient integration of Wireless Facilities or Complexes Necessary for the provision of
advanced wireless telecommunications services throughout the community and to
ensure the ready availability of reliable wireless services to the public, government
agencies and first responders, with the intention of furthering the public safety and
general welfare.
b. The City of Archdale (City) finds that Wireless Telecommunications Facilities (Facilities)
and Complexes may pose significant concerns to the health, safety, public welfare,
character and environment of the City and its inhabitants. The City also recognizes that
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facilitating the development of wireless service technology can be an economic
development asset to the City and of significant benefit to the City and its residents. In
order to assure that the placement, construction or Modification of a Facility or
Complex is consistent with the City’s land use policies, the City is adopting a single,
comprehensive, Wireless Telecommunications Facility or Complex application and
permitting process. The intent of this Section is to minimize the physical impact of
Wireless Telecommunications Facilities on the community, protect the character of the
community to the extent reasonably possible, establish a fair and efficient process for
review and approval of applications, assure an integrated, comprehensive review of
environmental impacts of such facilities, and protect the health, safety and welfare of
the City.
2. Severability
a. If any word, phrase, sentence, part, section, subsection, or other portion of this Section
or any application thereof to any person or circumstance is declared void,
unconstitutional, or invalid for any reason, then such word, phrase, sentence, part,
section, subsection, or other portion, or the proscribed Application thereof, shall be
severable, and the remaining provisions of this Section, and all applications thereof, not
having been declared void, unconstitutional, or invalid, shall remain in full force and
effect.
b. Any Special Use Permit issued pursuant to this Section shall be comprehensive and not
severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any
material respect, by a competent authority, or is overturned by a competent authority,
the permit shall be void in total, upon determination by the City.
3. Fees
All fees and charges, including but not limited to application fees, Expert Assistance fees,
Inspection fees and permit fees, shall be as set forth in the City’s Schedule of Fees and
Charges.
4. Exclusions
a. Any facilities expressly exempt from the City’s zoning, land use, siting, building and
permitting authority.
b. Any reception or transmission devices expressly exempted under the
Telecommunications Act of 1996.
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c. A Facility used exclusively for private, non-commercial radio and television reception
and private citizen’s bands, licensed amateur radio and other similar non-commercial
Telecommunications that is less than 100’ above ground level.
d. Facilities used exclusively for providing wireless service(s) or technologies where i)
there is no charge for the use of the wireless service; ii) the Facility or Complex does
not require a new Tower or increase the height or profile of the structure being
attached to; and iii) the service is not intended to be useable more than seventy-five
feet (75’) from the Antenna.
5. Application Requirements for a New Tower, Support Structure, or a Substantial
Modification or Co-location
All Applicants for a Special Use Permit for a new Wireless Facility or Complex, including
for a new Tower or other new support structure or that constitutes a Substantial
Modification, shall comply with the requirements set forth in this Section. In addition to
the required information set forth in this Section, all applications for the construction or
installation of new Wireless Facility or Complex or Substantial Modification shall contain
the information hereinafter set forth prior to the issuance of a Building Permit. Any
technical information must be provided in such a manner, form and with such content
that it is able to be verified by a third party using the information used and provided by
the applicant.
a. Ownership and Management
i. The Name, address, phone number and e-mail address of the person preparing
the Application;
ii. The Name, address, phone number and e-mail address of the property owner
and the Applicant, including the legal name of the Applicant. If the owner of the
structure is different than the applicant, the name, e-mail address and all
Necessary contact information shall be provided;
iii. The Postal address and tax map parcel number of the property;
iv. A copy of the FCC license(s) applicable for the intended use(s) of the Wireless
Telecommunications Facilities, including all FCC licensed frequency bands to be
used;
v. The Applicant shall disclose in writing any agreement in existence that would limit
or preclude the ability of the Applicant to share any new Telecommunication
Tower or support structure that it constructs or has constructed for it;
b. Zoning and Planning
i. The Zoning District or designation in which the property is situated;
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ii. The size of the property footprint on which the structure to be built or attached
is located, stated both in square feet and lot line dimensions, and a survey
showing the location of all property lot lines;
iii. The location, size of the footprint and height of all existing and proposed
structures, enclosures and cabinets on the property on which the structure is
located and that are related to the subject of the Application;
iv. A site plan to scale, not a hand drawn sketch, showing the footprint of the
Support Structure and the type, location and dimensions of access drives,
proposed landscaping and buffers in compliance with the City’s Building or
Development Code, including but not limited to fencing and any other
requirements of site plans;
v. Elevation drawings showing the profile or the vertical rendition of the Tower or
support structure at the Facility or Complex and identifying all existing and
proposed attachments, including the height above the existing grade of each
attachment and the owner or operator of each, as well as all lighting;
vi. The type of Tower or support structure, the number of antenna arrays proposed
to be able to be accommodated and the basis for the calculations of the Tower’s
or support structure’s capability to accommodate the required number of antenna
arrays for which the structure must be designed;
vii. Disclosure in writing of any agreement in existence prior to the submission of the
Application that would limit or preclude the ability of the Applicant to share any
new Telecommunication Tower that it constructs.
viii. A certified statement of i) the total cost of construction for the work associated
with the Application; and ii) the total cost of all equipment of the Applicant at the
Facility. To verify the accuracy of the information, the City reserves the right to
require copies of applicable invoices or other clear and convincing corroborating
evidence.
c. Safety
i. the age of the Tower or support structure and Complex stated in years, including
the date of the grant of the original permit;
ii. a description of the type of Tower, e.g., guyed, self-supporting lattice or
monopole, or other type of support structure;
iii. for a tower, the make, model, type and manufacturer of the Tower and the
structural design analysis and report, including the calculations, certified by a
Professional Engineer licensed in the State, proving the Tower or support
Structure’s capability to safely accommodate the Facilities of the Applicant
without change or Modification.
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iv. if a Substantial Co-location, change or Modification of a Facility or Complex is
needed, a detailed narrative explaining what changes are needed and why they
are needed;
v. a Complete, unredacted copy of the foundation design and report for the Tower
or other structure, including a geotechnical sub-surface soils investigation report
and foundation design for the Facility;
vi. if Substantially Modifying or Co-locating on an existing Tower or other support
structure, a Complete, unredacted and certified TIA ANSI 222 Report regarding
the physical condition of the Complex and all of its components done within the
previous six (6) months. If such report has not been done within the previous six
(6) months, one shall be done and submitted as part of the Application. No
Building Permit shall be issued for any Wireless Facility or related equipment
where the structure being attached to is in need of remediation to comply with
the requirements of this subsection and other adopted standards of the City
regarding the physical condition and/or safety of the Facility, unless and until all
remediation work that is deemed needed has been completed, or a schedule for
the remediation work has been approved by the City Planning Department ;
vii. In an instance involving a Tower with only a single array of antennas, or for the
first antenna array to be attached to a Tower where the array will be thirty-three
feet (33’) or more above ground level, and not within 100 feet of areas to which
the public has or could reasonably have or gain access to, in lieu of a full RF
emissions study, if deemed appropriate by the City, signed documentation in the
form of the FCC’s “Checklist to Determine whether a Facility may be
Categorically Excluded” may in certain cases be allowed to be used and shall be
provided to verify that the Facility and Complex with the proposed installation
will be in full compliance with the current FCC’s RF Emissions regulations;
viii. In certain instances, the City may deem it appropriate to have a post-
construction on-site RF survey of the Facility or Complex done after the
construction or Modification and activation of the Facility or Complex, such to be
done under the direction of the City or its designee, and an un-redacted copy of
the survey results provided, along with all calculations, prior to issuance of a
Certificate of Compliance. Such study shall reflect the cumulative effects,
readings or levels of all active RF equipment at the Site;
ix. In the event the City deems it necessary to determine compliance with the FCC’s
Maximum Permitted Exposure (MPE) rules, and in lieu of the procedure
contained in the preceding §A,(21) of this Section, the City expressly reserves the
right to request the involvement of the FCC and/or OSHA (Occupational Safety
and Health Administration) to determine or verify compliance with federal
standards and guidelines that the City, itself, may be prohibited from
determining.
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x. If not submitted in a previous application, a signed statement that the Applicant
will expeditiously remedy any physical or RF interference with other
telecommunications or wireless devices or services.
d. A written copy of an analysis completed by a qualified individual or organization to
determine if the proposed Wireless Telecommunications Facility or Complex is in
compliance with Federal Aviation Administration Regulation Part 77, and if it requires
lighting, including any Facility or Complex where the application proposes to increase
the height of the existing Tower or support structure.
e. New Towers shall be prohibited on private property in Residential Districts, Historic
Districts and areas officially deemed to be visual or sensitive scenic areas within the
City’s Corporate Limits.
f. All Applications for a proposed Facility or Complex applicable to this Section shall
contain clear and convincing evidence that the Facility or Complex is sited and designed
so as to create the least visual intrusiveness reasonably possible given the facts and
circumstances involved. To achieve this goal the City expressly reserves the right to
require the use of Stealth or Camouflage siting techniques such as, but not limited to,
DAS (Distributive Antenna System), a Small Cell Facility or a functional equivalent as
regards size, and such shall be subject to approval by the Council.
g. If proposing a new Tower or support structure, or a Substantial Co-location or
Modification of an existing structure, the Applicant shall be required to submit clear
and convincing evidence that there is no alternative solution within the search ring of
the proposed site that would be less visually intrusive and that not to permit the
proposed new Tower or support structure, or a Substantial Co-location or Modification
would result in the prohibition of service or the perpetuation of a significant gap in
service.
h. The Applicant shall provide certified documentation in the form of a structural
analysis and report, including all calculations, showing that the Facility or Complex will
be constructed to meet all local, state and federal structural requirements for loads,
including wind and ice loads and including, but not limited to all applicable ANSI
(American National Standards Institute) TIA 222 guidelines. In the event of a conflict
the more stringent shall apply.
i. The Applicant shall furnish a Visual Impact Assessment, which may be required to
include:
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i. a computer generated “Zone of Visibility Map” at a minimum of one mile radius
from the proposed structure shall be provided to illustrate locations from which
the proposed installation may be seen, with and without foliage; and
ii. To-scale pictorial representations (photo simulations) of “before and after” views
from key viewpoints inside of the City as may be appropriate and required,
including but not limited to state highways and other major roads, state and local
parks, other public lands, historic districts, preserves and historic sites normally
open to the public, and from any other location where the site is visible to a large
number of visitors, travelers or residents. Guidance will be provided concerning
the appropriate key viewpoints at the pre-application meeting. In addition to
photographic simulations to scale showing the visual impact, the applicant shall
provide a map showing the locations of where the pictures were taken and the
distance(s)of each location from the proposed structure;
j. The Applicant shall provide a written description and a visual rendering demonstrating
how it shall effectively screen from view the bottom fifteen feet (15’) of the Facility or
Complex and all related equipment and structures associated with the Facility or
Complex.
k. A Building Permit shall not be issued for the construction of a new Tower or other
support structure until i) there is an Application for or by a specific carrier that
documents with verifiable technical evidence that the Facility or Complex is Necessary
for that carrier to serve the community and that co-location on an existing Structure is
not feasible, or ii) that no owner of an existing structure within the Applicant’s search
ring will allow attachment to the owner’s building or other type of structure.
l. Co-location on an existing structure is not reasonably feasible if such is technically or
Commercially Impracticable or the owner of the Structure is unwilling to enter into a
contract for such use at a fair and reasonable price. If an Applicant feels the price is
unreasonable, sufficient documentation in the form of clear and convincing evidence
to support such a claim shall be submitted to determine whether co-location on a given
existing structure is Commercially Impracticable or otherwise unreasonable.
6. Requirements for Eligible Facility Co-locations or Modifications
For the co-location, modification or upgrade of a wireless facility that qualifies as an
Eligible Facilities request under applicable law, the following information shall be required
to be contained in an application. Any technical information must be provided in such a
manner, form and with such content that it is able to be verified by a third party using the
information used and provided by the applicant.
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a. Safety
i. the age of the Tower or other support structure in years, including the date of
the grant of the original permit;
ii. a description of the type of Tower, e.g., guyed, self-supporting lattice or
monopole, or a description of another other type of support structure;
iii. certified documentation in the form of a structural analysis and report done by
a Professional Engineer licensed in the State of North Carolina. Said analysis
and report shall include all supporting calculations, showing that the Facility,
as it exists, will meet all local, state and federal structural requirements for
loads, including wind and ice loads and including, but not limited to, the North
Carolina Building Code and all applicable ANSI (American National Standards
Institute) TIA 222 guidelines. In the event of a conflict, the more stringent shall
apply.
iv. a copy of i) the installed foundation design, including a geotechnical sub-
surface soils investigation report; and if necessary ii) a foundation remediation
design and recommendation for the Tower or other structure;
v. a certified, unredacted report and supporting documentation, including
photographs, regarding the physical situation and physical condition of all
equipment and facilities at the site in the form of a report based on an on-site
inspection done pursuant to and in compliance with the latest version of
TIA/ANSI 222. The inspection shall be done by a qualified individual
experienced in performing such inspections and the report shall be signed by
an individual with authority to order any needed remediation or resolution of
issues.
vi. a copy of the FCC licenses for each frequency band applicable for the intended
use of the Wireless Telecommunications transmission and/or receive
equipment;
vii. a list of all frequencies, to be used at the Facility;
viii. the number, type and model of the Antenna(s) proposed, along with a copy of
the manufacturer’s specification sheet(s), i.e., cut sheet(s), for the antennas;
ix. certification from the owner of the Facility certifying that the Facility and all
attachments thereto are currently in compliance with the conditions of the
approved Special Use Permit or Administrative Approval or identifying any
non-compliant situation.
b. Ownership and Management
i. the Name, address and phone number of the person preparing the Application;
ii. the Name, address, and phone number of the property owner and the Applicant,
including the legal name of the Applicant. If the owner of the structure is different
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than the applicant, the name and all Necessary contact information shall be
provided;
iii. the Postal address and tax map parcel number of the property;
iv. a copy of the FCC license applicable for the intended use of the Wireless
Telecommunications Facilities.
c. Construction
i. The total cost of construction showing the cost of labor all new and/or
replacement components and equipment.
d. In certain instances, the City may deem it appropriate to have an on-site RF survey of
the facility performed after the construction or Modification and activation of the
Facility, such to be done under the direction of the City or its designee, and an un-
redacted copy of the survey results provided, along with all calculations, prior to
issuance of a Certificate of Compliance. Such study shall reflect the cumulative effects,
readings or levels of all active RF equipment at the Site;
e. In the event the City deems it necessary to determine compliance with the FCC’s
Maximum Permitted Exposure (MPE) rules, and in lieu of the procedure contained in
the previous §B of this Section, the City expressly reserves the right to seek the
involvement of the FCC and/or OSHA (Occupational Safety and Health Administration)
to determine or verify compliance with federal standards and guidelines that the City,
itself, may be prohibited from determining.
f. Attachments to Existing Structures Other Than Towers
i. Attachments to Buildings: To preserve and protect the nature and character of the
area and create the least visually intrusive impact reasonably possible under the
facts and circumstances, any attachment to a building or other structure with a
facie, the antennas shall be mounted on the facie without increasing the height of
the building or other structure, unless it can be proven that such will prohibit or
have the effect of prohibiting the provision of service, and all such attachments and
exposed cabling shall use camouflage or stealth techniques to match as closely as
possible the color and texture of the structure.
ii. Utility poles and light standards: If attaching to a utility pole or light standard, no
equipment may extend more than ten percent (10%) of the existing height beyond
the top of the structure and no equipment other than cabling shall be lower than
fifteen feet (15’) above the ground.
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iii. Attachments to Water Tanks: If attaching to a water tank, in order to maintain the
current profile and height, mounting on the top of the tank or the use of a corral
shall only be permitted if the Applicant can prove that to locate elsewhere less
visually on the tank will prohibit or have the effect of prohibiting the provision of
service or that to do so would be technologically impracticable.
iv. Profile: So as to be the least visually intrusive and create the smallest profile
reasonably possible under the facts and circumstances involved, and thereby have
the least adverse visual effect, all antennas attached shall be flush mounted or as
near to flush mounted as is possible, unless it can be proven that such would
prohibit or serve to prohibit the provision of service or be technologically
impracticable.
7. Location of Wireless Telecommunications Facilities
a. No tower or other new support structure taller than 50’ shall be permitted in any
existing or planned (i.e., platted) residential neighborhood, nor within one-half mile of
any existing or planned (i.e., platted) residential neighborhood.
b. If a new telecommunications support structure is proposed to be located within one-
half mile of an existing or planned residential neighborhood and is proven by clear and
convincing technical information to be a Technical Necessity for the Applicant’s service
to be provided in the intended service area of the proposed facility, irrespective of the
type of zoning, the support structure shall not be taller than ten feet (10’) above the
tallest obstruction between the proposed support structure and a residential
neighborhood.
c. Applicants shall locate, site and erect all Facilities and associated equipment in
accordance with the following priorities, in the following order:
i. On existing structures without increasing the dimensions or size of the
structure;
ii. On existing structures more than one thousand feet from the nearest boundary
of the public right-of-way without increasing the height or size of the profile of
the Tower or structure by more than is allowed for an Eligible Facility.
iii. On existing structures without increasing the height of the structure by more
than is Needed, as such Need can be proven by clear and convincing verifiable
technical evidence.
iv. On properties in areas zoned for Commercial use.
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v. In designated Renaissance or Historic Districts in the public right-of-way, but
without increasing the height or size of the profile of the support structure, and
only if Camouflaged or Stealth to the satisfaction of the Planning Director.
vi. In areas zoned for Residential use, in the public right-of-way, but without
increasing the height of the size or dimensions of the support structure, and
only if Camouflaged or Stealth to the satisfaction of the Planning Director.
d. If the applicant proposes and commits to locate on City-owned property or structures,
the City reserves to right to waive the City’s Application Fee that would otherwise be
paid to the City.
e. If the proposed site is not proposed for the highest priority listed above, then a detailed
narrative and technical explanation shall be provided as regards why a site from all
higher priority designations was not selected. The person seeking such an exception
must demonstrate to the satisfaction of the Planning Director and the City Council the
reason or reasons why a Special Use Permit or Administrative Approval should be
granted for the proposed Facility.
f. Notwithstanding anything else to the contrary, the City may approve any site located
within an area in the above list of priorities, provided that the City finds that the
proposed site is in the best interest of the health, safety and welfare of the City and its
inhabitants and will not have a deleterious effect on the nature and character of the
community and neighborhood. The City may also direct that the proposed location be
changed to another location that is more in keeping with the goals of this Section and
the public interest as determined by the Council and that serves the intent of the
Applicant.
g. Notwithstanding that a potential site may be situated in an area of highest priority or
highest available priority, the City may disapprove an Application for any of the
following reasons:
i. Conflict with safety and safety-related codes and requirements, including but not
limited to setback and Fall Zone requirements;
ii. Non-Compliance with zoning or land use regulations;
iii. The placement and location of a Facility or Complex would create an unacceptable
risk, or the reasonable possibility of such, to any person or entity for physical or
financial damage, or of trespass on private property;
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iv. The placement and location of a Facility or Complex would result in a conflict with,
compromise in or change in the nature or character of the adjacent and
surrounding area, and expressly including but not limited to loss in value as
measured over the twelve (12) months preceding the Application having been
filed;
v. Conflicts with the provisions of zoning or land use regulations;
vi. Failure to submit a Complete Application within sixty (60) days after proper notice
and opportunity to make the Application Complete.
h. Notwithstanding anything to the contrary in this Section, for good cause shown such
as the ability to utilize one or more shorter, smaller or less intrusive Facilities elsewhere
and still accomplish the primary service objective, the City may require the relocation
of a proposed site if relocation could result in a less intrusive Facility or Complex singly
or in combination with other locations, , including allowing for the fact that relocating
the site chosen by the Applicant may require the use of more than one (1) Facility to
provide substantially the same service.
8. Type and Height of Towers
a. No new Towers of a lattice or guyed type shall be permitted, unless relief is otherwise
expressly granted.
b. Except in the public rights-of-way and in Residentially zoned areas, the maximum
permitted total height of a new tower or other proposed support structure, shall be
one hundred feet (120’) above pre-construction ground level, unless it can be shown
by clear and convincing verifiable technical evidence from a carrier who has committed
to use the tower that such height would prohibit or have the effect of prohibiting the
provision of service in the intended service area within the City. The maximum
permitted height is permissive and is expressly not as-of-right.
c. As the policy decision has been made that more Facilities of a shorter and less intrusive
height is in the public interest, as opposed to fewer but taller support structures,
spacing or the distance between Facilities shall be such that the service may be
provided without exceeding the maximum permitted height.
d. If proposed to be taller than the maximum permitted height, the Applicant for a new
Tower or support structure shall submit clear and convincing technical evidence by a
carrier or wireless service provider that has committed to use the Tower or other
support structure justifying the total height requested. If the Applicant chooses to
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provide evidence in the form of propagation studies, to enable verification of the Need
for the requested height such must include all modeling information and support data
used to produce the studies at the requested height and at a minimum of ten feet (10’)
lower. The City or its designee will provide the form that shall be used for providing the
modeling information.
e. The City reserves the right to require a drive test to be conducted under the supervision
of the City or its designee to verify the technical Need for what is requested.
f. At no time shall a Tower or other support structure be of a height that requires lighting
by the FAA.
g. Towers shall be structurally designed to support a minimum of four (4) carriers using
functionally equivalent equipment to that used by the first carrier attaching to a Tower
or other support structure, so that the height can be increased if needed.
h. New structures within Rights-of-Ways – Required Design Characteristics.
i. Wireless installations shall be consistent throughout the city limits and the
extraterritorial jurisdiction (ETJ);
ii. Wireless installations shall be on non-conductive poles;
iii. All antennas shall be undiscernible by an average person from 250 feet away;
iv. Wireless installations shall utilize a “concealed” design, including all cabling
being inside a hollow pole;
v. All radios, network equipment and batteries will be enclosed in a pedestal
cabinet near the pole, or in a pole-mounted cabinet or under a pole-mounted
shroud;
vi. Cabinets should be consistent in size and no larger than standard DOT streetlight
signal cabinets;
vii. Unless proven unfeasible by clear and convincing evidence, in lieu of installing
new poles, any wireless installation in the PROW shall replace a pre-existing
distribution pole, secondary pole or streetlight;
viii. Wireless installations shall be on poles that meet or exceed current NESC
standards and wind and ice loading requirements of ANSI 222 Version G;
ix. Any new poles installed shall be “green” and not leach any volatile organic
compounds or toxic materials into the ground; and
x. To avoid unsightly rust and corrosion, any new pole installed shall not be metal
or reinforced concrete.
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9. Visibility and Aesthetics
a. No Tower or support structure that is not a building and is constructed after the
effective date of this Section shall be tall enough to require lighting by the FAA.
b. Stealth: All new Facilities, including but not limited to Towers, shall utilize Stealth or
Camouflage siting techniques that are acceptable to the City, unless such can be shown
to be either commercially or technologically Impracticable.
c. Finish/Color: Towers shall be galvanized and/or painted with a rust-preventive paint of
an appropriate color to harmonize with the surroundings and shall be maintained in
accordance with the requirements of this Section.
d. Lighting: Notwithstanding the prohibition of lighting, in the event lighting is
subsequently required by the FAA, the Applicant shall provide a detailed plan for
sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under
State and Federal regulations. For any Facility or Complex for which lighting is required
under the FAA’s regulations, or that for any reason has lights attached, all such lighting
shall be affixed with technology that enables the light to be seen as intended from the
air, but that prevents the ground scatter effect so that it is not able to be seen from the
ground to a height of at least 20 degrees vertical for a distance of at least 1 mile in a
level terrain situation. Such device shall be compliant with or not expressly in conflict
with FAA regulations. A physical shield may be used, as long as the light is able to be
seen from the air, as intended by the FAA.
e. Retrofitting: In the event a Tower or other support structure that is lighted as of the
effective date of this Section is modified, at the time of the first Modification of the
Facility the City reserves the right to require that the Tower be retrofitted so as to
comply with the lighting requirements of the preceding §(D) of this Section or be
reduced to a height that does not require lighting.
f. Flush Mounting: Except for omni-directional antennas, all new or replacement
antennas, shall be flush-mounted or as close to flush-mounted on the support structure
as is functionally possible, unless it can be demonstrated by clear and convincing
technical evidence that such has the effect of prohibiting the provision of service to the
intended service area, alone or in combination with another site(s), or unless the
Applicant can prove that it is technologically impracticable.
g. Placement on Building: If attached to a building, all antennas shall be mounted on the
fascia of the building and camouflaged so as to match the color and, if possible, the
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texture of the building, or in a manner so as to make the antennas as visually innocuous
and undetectable as is reasonably possible given the facts and circumstances involved.
10. Security
All Facilities shall be located, fenced or otherwise secured in a manner that prevents
unauthorized access. Specifically:
a. All Facilities, including Antennas, Towers and other supporting structures, such as guy
anchor points and guy wires, shall be made inaccessible to unauthorized individuals and
shall be constructed or shielded in such a manner that they cannot be easily climbed or
collided with and shall expressly include removing the climbing steps for the first ten
feet (10’) from the ground on a monopole; and
b. Transmitters and Telecommunications control points shall be installed so that they are
readily accessible only to persons authorized to operate or service them.
11. Signage
Facilities shall contain a sign no larger than four (4) square feet and no smaller than two
(2) square feet in order to provide adequate warning to persons in the immediate area of
the presence of RF radiation. A sign of the same size is also to be installed bearing the
name(s) of the owner(s) and operator(s) of the Antenna(s) as well as emergency phone
number(s). The sign shall be on the equipment shelter or cabinet of the Applicant and
must be visible from the access point of the Facility or Complex and must identify the
equipment owner of the shelter or cabinet. On Tower sites, an FCC registration sign, as
applicable, is also to be present. The signs shall not be lighted, unless applicable law, rule
or regulation requires lighting. No other signage, including advertising, shall be permitted
12. Setback and Fall Zone
a. All proposed Towers and any other proposed Wireless support structures shall be set
back from abutting parcels, recorded rights-of-way and roads and streets by the greater
of the following distances: i) a distance equal to the height of the proposed Tower or
support structure plus ten percent (110%) of the height of the Tower or other structure,
otherwise known as the Fall Zone; or ii) the existing setback requirement of the
underlying zoning district, whichever is greater.
b. For any Facility located within a fenced compound, any Accessory structure shall be
located within the fenced compound as approved in the Special Use Permit and so as
to comply with the applicable minimum setback requirements for the property on
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which it is situated. The Fall Zone or setback shall be measured from the nearest portion
of the tower to the nearest portion of the right-of-way of any public road or
thoroughfare and any occupied building or domicile, as well as any property boundary
lines.
c. The nearest portion of any private access road leading to a Facility shall be no less than
ten (10) feet from the nearest property line.
d. There shall be no development of habitable buildings within the Setback area or Fall
Zone.
13. Removal and Performance Security
a. Removal and Performance: The Applicant and the owner of record of any proposed
new Tower or other support structure or Complex shall, at its sole cost and expense, be
required to execute and file with the City a bond or other form of security that is
acceptable to the City as to the type of security and the form and manner of execution,
in an amount of at least $75,000.00 for a Tower or other support structure and with
such sureties as are deemed adequate by the City to assure the faithful performance of
the terms and conditions of this Section and the conditions of any Special Use Permit
issued pursuant to this Section. The full amount of the bond or security shall remain in
full force and effect throughout the term of the Special Use Permit and/or, if
abandoned, until any necessary site restoration is completed to restore the site to a
condition comparable to that, which existed prior to the issuance of the original Special
Use Permit. The amount of the Bond is, in part, determined by the current cost of
demolition, removal and site restoration multiplied by the compounding or cumulative
effect of a three percent (3%) annual cost escalator over a thirty (30) year projected
useful life of the structure.
b. Performance: The owner of any equipment attached to a support structure or located
in a Complex shall be required to execute and file with the City a performance bond or
other form of performance security that is acceptable to the City as to the type of
security and the form and manner of execution, in the amount of $25,000.
14. Liability Insurance
a. A holder of a Special Use Permit for a Wireless Telecommunications Support Structure
shall secure and at all times maintain public liability insurance for personal injuries,
death and property damage, and umbrella insurance coverage, for the duration of the
Special Use Permit in amounts as set forth below:
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i. Commercial General Liability covering personal injuries, death and property
damage: $2,000,000 per occurrence/$5,000,000 aggregate; and
ii. Automobile Coverage: $1,000,000.00 per occurrence/ $3,000,000 aggregate;
and
iii. A $5,000,000 Umbrella coverage; and
iv. Workers Compensation and Disability: Statutory amounts.
b. For a Facility or Complex located on City property, the Commercial General Liability
insurance policy shall specifically name the City and its officers, Boards, employees,
committee members, attorneys, agents and consultants as additional insureds.
c. The insurance policies shall be issued by an agent or representative of an insurance
company licensed to do business in the State and with an AM Best’s rating of at least
A.
d. The insurance policies shall contain an endorsement obligating the insurance company
to furnish the City with at least thirty (30) days prior written notice in advance of the
cancellation of the insurance.
e. Renewal or replacement policies or certificates shall be delivered to the City at least
fifteen (15) days prior to the expiration of the insurance that such policies are intended
to renew or replace.
f. Before construction of a permitted Wireless Telecommunications Facility or Complex is
initiated, but in no case later than fifteen (15) days prior to the grant of the Building
Permit, the holder of the Special Use Permit shall deliver to the City a copy of each of
the policies or certificates representing the required insurance in the required amounts.
g. A Certificate of Insurance that states that it is for informational purposes only and does
not confer rights upon the City shall not be deemed to comply with this Section.
15. Indemnification
a. Any application for Wireless Telecommunication Facilities that is proposed to be
located on City property shall contain a signed statement fully and completely
indemnifying the City. Such provision shall require the applicant, to the extent
permitted by applicable law, to at all times defend, indemnify, protect, save, hold
harmless and exempt the City and its officers, Boards, employees, committee members,
attorneys, agents, and consultants from any and all penalties, damages, costs, or
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charges arising out of any and all claims, suits, demands, causes of action, or award of
damages, whether compensatory or punitive, or expenses arising there from, either at
law or in equity, which might arise out of, or are caused by, the placement,
construction, erection, Modification , location, products performance, use, operation,
maintenance, repair, installation, replacement, removal, or restoration of said Facility
or Complex. Notwithstanding the preceding, there shall be no claim of indemnification
with respect to any act attributable to the negligent or intentional acts or omissions of
the City, or its servants or agents. With respect to the penalties, damages or charges
referenced herein, reasonable attorneys’ fees, consultants’ fees, and expert witness
fees are included in those costs that are recoverable by the City.
b. Notwithstanding the requirements noted in subsection A of this section, an
indemnification provision will not be required in those instances where the City itself,
or an agency or department of the City, applies for and secures a Special Use Permit for
a Wireless Telecommunications Facility or Complex.
16. RF Emissions
a. As may be deemed appropriate from time to time, to assure the protection of the
public health and safety, the City expressly reserves the right under its Police Powers to
require that a user of a Facility or Complex or the owner of the Facility or Complex,
verify compliance with the FCC's regulations regarding cumulative RF emissions at the
Site under the observation of a qualified staff member or the City’s consultant, , and
that all users of the Facility or Complex cooperate with the party responsible for such
testing or verification. Failure to cooperate shall be deemed a violation of this Section
and subject the non-cooperating party to all applicable and permissible fines and
penalties.
b. In the event the City deems it necessary to determine compliance with the FCC’s
Maximum Permitted Exposure (MPE) rules, and in lieu of the procedure contained in
the preceding §(A) of this Section, the City expressly reserves the right to request the
involvement of the FCC and/or OSHA (Occupational Safety and Health Administration)
to determine or verify compliance with federal standards and guidelines that the City,
itself, may be prohibited from determining.
c. With respect to Support Structures other than Towers, if any section or portion of the
structure attached to or to be attached to is not in compliance with the FCC’s
regulations regarding RF radiation, that section or portion must be barricaded with a
suitable barrier to discourage approaching into the area in excess of the FCC’s
regulations, and be marked off with brightly colored plastic chain or striped warning
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tape, as appropriate, as well as placing RF Radiation signs as needed and appropriate
to warn individuals of the potential danger. As deemed warranted by the City at any
time, the right of the City is expressly reserved to do itself, or order done, an on-site RF
emissions survey.
17. Adherence to State and/or Federal Rules and Regulations
a. To the extent that the holder of a Special Use Permit or Administrative Approval for a
Wireless Telecommunications Facility or Complex has not received relief, or is
otherwise exempt, from appropriate State and/or Federal agency rules or regulations,
then the holder of such a Special Use Permit shall adhere to, and comply with, all
applicable rules, regulations, standards, and provisions of any State or Federal agency,
including, but not limited to, the FAA and the FCC. Specifically included in this
requirement are any rules and regulations regarding height, lighting, security, electrical
and RF emission standards.
b. To the extent that applicable rules, regulations, standards, and provisions of any State
or Federal agency, including but not limited to, the FAA and the FCC, and specifically
including any rules and regulations regarding height, lighting, and security are changed
and/or are modified during the duration of a Special Use Permit or Administrative
Approval for Wireless Telecommunications Facilities, then the holder of such a Special
Use Permit or Administrative Approval shall conform the permitted Facility or Complex
to the applicable changed and/or modified rule, regulation, standard, or provision
within a maximum of twenty-four (24) months of the effective date of the applicable
changed and/or modified rule, regulation, standard, or provision, or sooner as may be
required by the issuing entity.
18. Conflict with Other Laws
Where this Section differs or conflicts with other Local Laws, rules and regulations, unless
the right to do so is preempted or prohibited by the City, State or federal government,
the more stringent shall apply.
19. Authority
This Section is enacted pursuant to applicable authority granted by the State and federal
government.
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5.2.38 Yard Sale
1. A yard sale is allowed no more than twice per dwelling unit (street address) in a calendar
year (January through December).
a. Yard sales are allowed during daylight hours only.
b. Yard sales are allowed only Thursday through Sunday and on public holidays.
2. Signs
a. Signs may only be placed on the premises of the dwelling unit that is conducting the
sale.
b. Signs may not be attached to utility poles, public signs, or other public utility structures.
c. No signs may be placed in the public right-of-way or in any location that may impede
the vision of passing motorists.
d. All signs shall be removed at the conclusion of the yard sale event.
3. Exceptions
a. Persons selling goods pursuant to an order or process of a court of competent
jurisdiction.
b. Persons acting in accordance with their powers and duties as public officials.
c. Any person conducting an incidental sale or one or two separate items which such sale
is not part of a general sale or a number of items of personal property.