§ 7.10. SPECIAL USE MINIMUM DEVELOPMENT REQUIREMENTS
In addition to the conditions listed above for special uses, some uses, which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area (i.e., not more than one (1) such use within one thousand (1,000) feet of each other which would create such adverse effects). The requirements for each use that follows are additional requirements to the requirements listed in Section 6.3 and Sections 3 and 4.
Adult Entertainment Establishment [C District]
Dimensional Requirements
•
No adult entertainment establishments may be located within one-thousand (1,000) feet of another adult entertainment establishment. No adult entertainment establishment may be located within one-thousand (1,000) feet of any residential use or an existing church, school or other such facility. Measurements shall be taken from the exterior walls of the building(s) containing such regulated use and the adjacent building uses.
Screening and Buffering:
•
Airfield or Airstrip (General Aviation [I District] or Private [RA, C, and I District])
Dimensional Requirements
•
Airport size and layout shall conform to current FAA design standards.
•
There shall be a minimum of three hundred (300) feet between any runway or taxiway and to the nearest property used or zoned for residential purposes, except that a residence may be located on the property of a small private airfield.
•
All standards for the AO (Airport Overlay) also apply.
Screening and Buffering:
•
Additional Site Plan Requirements:
•
Scaled drawings of location and size of landing strips and the location of landing lights.
•
Map of all property within 500 feet of proposed airfield or airstrip property line and within 1,500 feet of each end of the runway, including names and addresses of property owners and type of land use for each property, as given in the tax listings.
•
A map depicting the location, type, and height of any structure, including towers, over two hundred (200) feet in height and within a five (5) mile radius.
•
A copy of the current FAA design, approach, and airspace obstruction standards. Documentation showing FAA permits and design approval.
Automobile and Other Junk, Salvage, or Wrecking Yards and Auto Service That Will Include Junk Vehicle Storage [RA and C Districts]
Dimensional Requirements
•
Minimum setback from any street right-of-way to any outdoor storage area shall be at least one hundred (100) feet.
•
Minimum setback from any other property line shall be at least fifty (50) feet.
•
No junk, salvage, or wrecking yard shall be located less than five hundred (500) feet from any property used or zoned for residential purposes.
Screening and Buffering:
•
•
Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
Camp or Care Centers and Campground, Public and Private (including Recreational Vehicle Park) [RA, C, and CON Districts]
Dimensional Requirements:
•
In areas with developed campsites, separate sanitary facilities for both sexes (including showers) shall be available within four hundred (400) feet of each campsite and drinking water shall be available within one hundred (100) feet of each campsite.
•
In areas with developed campsites, a camp store may by provided, for the use of campground users only, which may sell camping supplies, e.g. food, ice, personal supplies, etc.
•
In primitive camping areas, drinking water and sanitary facilities shall be available within twelve hundred (1200) feet.
•
No permanent camping shall be permitted. It is not intended that any structure, mobile or permanent, be used as a permanent residence except for the owner or operator.
•
In areas with developed campsites, each campsite shall have a minimum of parking for two (2) vehicles.
•
Adequate lighting shall be provided for all common areas, including interior lighting in any building open at night. All sanitary facilities and dumping areas, water faucets, parking areas (other than at each campsite), recreation areas, and other service buildings and general use sites shall be lit at night, either with a light mounted on the building or as a pole light. In developed camping areas, lights will be installed along walkways to water and sanitary facilities and at roadway or driveway intersections.
•
All outdoor lighting shall have a total cutoff at ninety (90) degrees.
Screening and Buffering:
•
Additional Plan Requirements:
•
Topography of the site, at contour interval no greater than five (5) feet.
•
Natural features such as streams, lakes or ponds, rocky outcrops, wooded areas, marshes, meadow land, or any other site in interest.
•
Historic sites and cemeteries.
•
Location and approximate size of all buildings and structures within 500 feet.
•
Proposed layout of the campground, both primitive and developed camping areas, including individual sites, cabins, recreation areas, drinking water outlets, sanitary disposal facilities, comfort stations and other service buildings.
Additional Operational Requirements:
•
In developed camping areas, an attendant will be on the site twenty-four (24) hours a day while the campground is open for business.
•
A public phone in working order shall be available.
•
A fire extinguisher shall be available at each service building and at the office.
•
Individual campsites and general use areas shall be kept clean and free from garbage, refuse, litter, and other conditions, which can lead to the transmission of disease, breeding of rodents and insects, and which may present a fire hazard or contribute to the spread of fire.
•
All sanitary, laundry, and drinking water facilities shall be maintained in a clean, sanitary condition and kept in good repair at all times.
•
A camp store may be permitted, but no alcoholic beverages may be sold on the site.
Firing Range (applies to indoor and outdoor) [RA and C District]
Dimensional Requirements
•
Minimum setback from any street right-of-way to any outdoor shooting area shall be at least two hundred (200) feet.
•
Minimum setback from any other property line shall be at least one hundred (100) feet.
•
Any outdoor firing shall be located five hundred (500) feet from any property used or zoned for residential purposes.
•
An indoor firing range that has walls that will muffle gun fire may adhere to the normal RA and C district requirements.
Screening and Buffering:
•
•
Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
Go Cart or Motor Cross Tracks [RA District]
Distance Requirements:
•
The "track" or any structure must be a minimum of 1,000 feet from any residential structure on surrounding properties. An owner occupied residence on the property of the track is allowed.
•
All buildings, including accessory garages or storage buildings, shall be set back a minimum of 100 feet from all property lines and street rights-of-way.
Screening and Buffering:
•
•
Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
Parking:
•
Parking is allowed on site only (Also see section 8).
Lighting:
•
Outdoor lighting shall be shielded so as to prevent light from directly hitting adjacent property or any public right-of-way (See section 4.19).
Internet Sweepstakes Cafes/Electronic Gaming Operations [C District]
Internet Sweepstakes Cafes/Electronic Gaming Operations shall be allowed in the Commercial Zoning District as a special use. The special use permit shall be approved by the Bladen County Planning Board.
Landfill, Demolition [RA and I Districts]
Distance Requirements:
•
The landfill or any structure must be a minimum of 1,000 feet from any residential structure on surrounding properties. An owner occupied residence on the property of the track is allowed.
•
All buildings, including accessory garages or storage buildings, shall be set back a minimum of 100 feet from all property lines and street rights-of-way.
Screening and Fencing:
See section 4.18
•
Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
Landfill, Sanitary [RA and I Districts]
Distance Requirements:
•
The landfill or any structure must be a minimum of 1,000 feet from any residential structure on surrounding properties. An owner occupied residence on the property of the track is allowed.
•
All buildings, including accessory garages or storage buildings, shall be set back a minimum of 100 feet from all property lines and street rights-of-way.
Screening and Fencing:
•
Screening is required which completely screens from view the stored items. Such screening shall be a durable wall or fence at least six (6) feet high in addition to a minimum fifteen (15) foot wide vegetated strip around the entire perimeter of any outdoor storage area. This vegetated strip shall consist of a naturally wooded area or planted with a mixture of evergreen and deciduous trees and shrubs to simulate a naturally wooded area within three (3) years.
•
Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not open for business.
Manufactured Home Parks [RA District]
A.
Intent:
The intent of this use with conditions is to regulate and guide the establishment of manufactured home parks in order to promote the public health, safety and general welfare of the citizens of Bladen County, North Carolina. This district is designed to accomplish the following specific objectives: (a) to further the orderly layout of manufactured home parks; (b) to secure safety from fire, panic, and other danger; (c) to provide adequate light and air; and (d) to ensure that facilities for transportation, parking, water, sewage, and recreation are provided for manufactured home park residents and visitors. Each new request will be reviewed so that the manufactured home park and its location will not be detrimental to the public health safety or general welfare.
B.
Application
This section shall govern the establishment of each and every new manufactured home park and the alteration or expansion of existing manufactured home parks lying within the jurisdiction of Bladen County.
C.
Terms
1.
Manufactured Home Park: Any place, area, or tract of land maintained for the purpose of renting or leasing a space where three (3) or more manufactured homes will be used for human habitation purposes and as a year-round residence, whether the manufactured homes are owned by the owner of the manufactured home park or owned by the individual occupants.
2.
Solid Waste: Garbage, refuse, rubbish, trash or other discarded materials resulting from industrial, commercial and agricultural operations from community activities and from household use of products and materials, but does not include solids or dissolved materials and domestic sewage or other significant pollutants, dissolved or suspended solids and industrial waste effluents, dissolved materials and irrigation, return flows or other common water pollutants.
3.
Household Solid Waste: Waste normally generated by households.
4.
Self Contained: Contained within and becoming a part of the manufactured home.
D.
Interpretation of this section
This Ordinance shall in no way regulate, restrict, prohibit or otherwise deter any bona fide farm within the jurisdiction of this Ordinance, except that any use of such property for non-farm purposes shall be subject to these regulations. The property owner shall be required to provide a notarized statement stating that the manufactured homes will be used for farm labor housing only.
E.
Procedure for securing approval of a Manufactured Home Park
1.
Approval Required
No person shall construct or engage in the construction of any manufactured home park or make any addition or alteration to a manufactured home park that either alters the number of lots for manufactured homes within the park or affects the facilities required therein until approval has been granted by the Bladen County Inspections Department.
2.
Manufactured Home Park Initial Permit Application Procedure
a.
Prior to the construction of a manufactured home park, or the expansion of an existing manufactured home park, the developer shall make application to the Bladen County Building Inspection Office for a permit to construct, expand or alter such a park. The application shall be accompanied by three (3) copies of the proposed park plan.
b.
The park plan shall be drawn at a scale no smaller than one-fourth (¼") inch = fifty (50) feet. When the park contains seven (7) or more manufactured homes, the plan must be drawn by a registered engineer or licensed surveyor. All plans shall include the following:
1.
The name of the park, the names and addresses of the owner or owners, and the designer or surveyor;
2.
Date, scale, and approximate North arrow;
3.
Boundaries of the tract shown with bearing and distances; drawn to scale and the area of the park in square feet or acres.
4.
Site plan showing streets, traffic circulation, walkways, driveways, recreation areas, parking spaces, service buildings, water courses, easements, manufactured home lots, lot numbers, all structures to be located on the park site, and total acreage on the park;
5.
Vicinity map showing the location of the park and the surrounding land usage; with a scale of no less than 1 inch = 1,000 feet.
6.
Names of adjoining property owners;
7.
The existing and proposed utility system for surface water drainage, streetlights, water supply, and solid waste and sewage disposal facilities;
8.
A detailed plan for electrical installations prepared to meet the National Electrical Code and state and local codes or ordinances;
9.
A detailed drawing to scale of not less than 1" = 10' shall be prepared of a typical manufactured home space showing the location of the manufactured home stand, all utilities, the patio, concrete footing, walks, parking spaces, driveways, and all other improvements;
10.
Certification of approval of water supply system plans by the appropriate state agency or County Health Department.
11.
Certification of approval of sewage collection systems by the appropriate state agency or County Health Department.
a.
Certification of solid waste storage, collection, and disposal shall be approved by the Bladen County Solid Waste Department.
F.
Review of the Proposed Manufactured Home Park Plan
The Bladen County Inspections Department shall review the proposed manufactured home park plan to determine if it is in accordance with the requirements set forth in this Ordinance. If the inspections Department should disapprove the proposed park plan, the reasons for such action and the recommended changes shall be given to the developer or his/her agent.
G.
Issuance of Initial Permit and Operator's License
1.
The Building Inspector is authorized to issue a permit allowing the construction of the park according to the proposed plan, but shall not be construed to entitle the applicant to offer spaces for rent or lease, or to operate a manufactured home park.
2.
If construction of the manufactured home park has not begun within six (6) months from the issued date of the initial permit, the permit is void. To obtain another permit the developer must resubmit the plans to the Building Inspector.
3.
When the developer has completed the construction of the manufactured home park, he/she shall apply to the County Inspections Office, who shall make an on-site inspection of the park.
A.
If the park conforms to the plan approved by the Inspections Department and other agencies, the Planning Department shall issue the developer an operator's license.
B.
If the park does not conform with the approved plan, the Planning Department shall not issue the operator's license until it comes into conformity.
4.
The operator's license issued to the applicant shall constitute the authority to operate the manufactured home park. The operator's license shall expire after a one (1) year period and must be renewed each year on January 1 to be valid. The inspections Department has the authority to withhold Certificate of Occupancy Permits for parks without a valid operator's license.
5.
When a manufactured home park is to be developed in phases, the proposed plan may be submitted for the entire development. All sections of a manufactured home park must meet the requirements of this Ordinance in order for an operator's license to be issued for any additional phases, then application for an operator's license may be made for each phase completed.
6.
Upon determination that an existing sanitary sewerage system has a valid operating permit or a valid certificate of completion and is operating properly in a manufactured home park, the County Health Department shall issue authorization in writing for a manufactured home to be connected to the existing system and to be occupied.
7.
All manufactured home parks in Bladen County shall be inspected by the Bladen County Planning Department at least once every year. The operator's license of parks with sewerage problems based on current North Carolina sanitation regulations may be revoked upon request from the Bladen County Health Department.
H.
Minimum Standards of Design, Construction and Layout
1.
Minimum Park Size: Manufactured home parks created after the adoption of this Ordinance by the Bladen County Board of Commissioners must be a minimum of two (2) acres of contiguous land in total park size and shall contain at least three (3) manufactured home lots/spaces at first occupancy.
2.
Water supply: Every manufactured home shall be required to connect to the County water system if it is available. Where County water is not available, the water supply shall be from a source approved by the County Health Department. (Amendment # 12 effective January 23, 2006)
3.
Every manufactured home park shall be located on a well-drained site and shall be so graded as to prevent the accumulation or ponding of water on their premises.
4.
No manufactured home park shall be so located that the drainage of the manufactured home park area will endanger any public or private water supply.
5.
Flood Hazard: Manufactured home parks shall not be located in areas that are susceptible to regular flooding as noted on FEMA Maps. Existing manufactured home parks located in flood hazard areas shall not be allowed to add additional spaces or manufactured homes.
6.
All new manufactured home parks or additions to existing manufactured home parks shall have manufactured home spaces complying to the following:
a.
Where a community or municipal sewage disposal system is used, each manufactured home space shall not be less than fifty (50') feet wide, which shall be open and unobstructed, and every manufactured home shall be located on a manufactured home space not less than five thousand (5,000sf) square feet in size.
b.
Where individual sewage disposal system is used, each manufactured home lot shall not be less than sixty (60') feet wide and not less than ten thousand (10,000 sf) square feet in size or as determined by the Bladen County Health Department for a single-wide unit, and no less than fifteen thousand (15,000 sf) square feet for a double or triple-wide unit. (Amendment # 17 effective June 1, 2009)
7.
In all cases, the corners of every manufactured home space shall be plainly marked by corner markers. The distance between manufactured homes, including any enclosed extension thereof, shall not be less than fifteen (15') feet. No manufactured home shall be located closer than fifty (50') feet to any property line of the manufactured home park or twenty - five (25') feet to any other structure, with the exception of a pump house, on the premises and not closer than twenty-five (25') feet to any public street or highway.
8.
Every manufactured home park shall have at all entrances a clearly visible sign stating the name of the manufactured home park. Each individual lot shall be visibly numbered.
9.
Each manufactured home park sign shall be lighted and a minimum of twelve (12) square feet and visible to traffic entrances. Signs designating lot spaces should be at least six (6") inches by six (6") inches with numbers large enough to be seen by traffic inside the manufactured home park. Street signs must be erected before any homes enter the park.
10.
Storage buildings, sheds, garages, dog pens, and other animal structures may be no more than twelve (12') feet on one side or a total of 144 square feet provided that such buildings are located adjacent to the rear lot line and set back at least five (5') feet from any lot line.
11.
Storage of Possessions: Storage of possessions and equipment in the area beneath manufactured homes is prohibited to prevent storage of flammable and toxic materials, which may place its occupants in undue danger.
I.
Additional Requirements (Section Deleted)
(Amendment # 4 effective September 22, 2003)
J.
Planting Strip
The manufactured home park shall have a planting strip not less that ten (10') feet wide adjacent to the park boundary extending along the entire perimeter of the manufactured home park. The planting strip shall not be a portion of any manufactured home space, street or private drive. It shall be planted with evergreen and/or deciduous trees not more than eight (8') feet apart and must be at least four (4') feet in height when planted, and a minimum of eight (8') feet tall at maturity; dead trees must be replaced. It shall be adequately landscaped with grass and shrubbery in such a manner as to be harmonious with the landscaping and/or adjacent properties and in keeping with the general character of the surrounding neighborhood. A privacy fence at least six (6') feet in height may meet the buffering requirements in such instances where landscaping is impracticable or in instances where the Planning Department determines that a fence would be the most effective buffer.
All required planting strips, must be continually maintained by the owner. Failure to maintain any required planting strip may cause the manufactured home park operator's license to be withheld or revoked.
K.
Non-Residential Uses
No part of any park may be used for non-residential purposes, except uses that are required for the direct servicing and well being of park residents and for the management and maintenance of this park. This section shall not be construed to prohibit the sale of a manufactured home located on a manufactured home lot and connected to the pertinent facilities.
L.
PARKING
Each manufactured home park shall provide sufficient parking and maneuvering space so that the parking, loading or maneuvering of a manufactured home incidental to parking shall not necessitate the use of any public street, sidewalk or right-of-way or any private grounds not part of the manufactured home park.
Two (2) off-street parking spaces, each with a minimum length of twenty (20') feet and a minimum width of ten (10') feet shall be provided for each manufactured home lot in the park. The parking spaces shall be constructed with the same material as the interior streets.
M.
Exterior Lighting
Adequate lights shall be provided to illuminate streets, common driveways, walkways and dead-end streets for the safe movement of vehicles and pedestrians at night. Minimum requirements will be based on 0.4 foot candles per light spaced at a minimum of two hundred (200') feet between lights and nine thousand five hundred (9500) lumens at a twenty-five (25') feet mounting height.
N.
Interior Street System
1.
Access
All manufactured home parks shall be provided with a network of streets, roads or driveways that will allow safe and convenient vehicular access to an improved public street from each manufactured home lot, but no individual manufactured home within a park may have direct-driveway access to an abutting public street.
The intersection of the public street with the entrance way or private access road to the manufactured home park shall be designed to facilitate the free movement of traffic on the public street and to minimize the hazards caused by traffic entering or leaving the park development. All driveways shall be of an improved surface (see N, Section 2) and the minimum width of such driveways shall be well marked and lighted in the manufactured home parks. All manufactured home lots must enter and exit the park through the use of the interior road network of the park; no direct access to public roads from a lot shall be allowed.
2.
STREETS
Manufactured Home Parks with six (6) or less manufactured homes shall maintain all-weather roads year round.
All streets or roads in the manufactured home park that contain seven (7) or more manufactured homes will be built and maintained to minimum construction standards as follows:
a.
The minimum right of way shall be established at fifty (50') feet.
b.
The unpaved street must be graded to a minimum travel-way width of twenty (20') feet and thirty-two (32') feet exclusive of side ditches. Note: See Exhibit 1 for scale drawing.
c.
The grade and alignment of the street must be reasonable engineering standards so as to have adequate drainage.
d.
The street must be stabilized with a compact all-weather base of at least four (4") inches of material meeting N.C.D.O.T. specifications.
CABC - Aggregate Base Course, No. 7 Stone
STBC - Soil Type Base Course
e.
The streets shall be maintained by the developer at all times so as to have a safe travel-way for residents and emergency vehicles.
f.
If the private road will connect to a state road, a permit must be obtained from the N.C.D.O.T.
O.
Responsibilities and Duties of Park Operators/Operating Standards
1.
Manufactured Home Park Maintenance
Manufactured home park operators shall be required to provide adequate supervision to maintain the park in compliance with the requirements of this Ordinance. The manufactured home park operators shall keep all park-owned facilities, improvements, equipment, and all common areas in good repair and maintained in such a manner as to prevent the accumulation of storage of materials which could constitute a fire hazard or would cause insect or rodent breeding and harborage. Abandoned vehicle storage or the accumulation of junk is expressly prohibited in existing and/or new manufactured home parks. Either item may be cause to revoke a manufactured home park operator's license.
2.
Placements and Anchoring
Operators shall be required to supervise the placement of all manufactured homes to guarantee that they are properly anchored and attached to utilities.
All manufactured homes within a manufactured home park shall be properly anchored or provided with tie downs, in accordance with the State of North Carolina Regulations for Manufactured Homes. Technical assistance will be provided by the Bladen County Building Inspection Office. All manufactured homes in manufactured home parks will be set up and anchored according to manufacturer's instructions or state requirements.
3.
Assist County Tax Administrator
Operators shall be required to comply with North Carolina General Statutes 105-316(a)(1) which requires that as of January 1 of each year, each operator of a park renting lots of three (3) or more manufactured homes, furnish to the County Tax Supervisor the name of the owner of and a description of each manufactured home located in the park.
4.
Solid Waste Disposal
All applicable solid waste regulations shall apply to manufactured home parks within the jurisdiction of the County except where such regulations are in conflict with the provisions of this Ordinance, in which case the more restrictive provisions shall apply.
5.
Numbering and Park Signs
The park operator shall be required to provide numbers which are a minimum of four (4") inches in size and to supervise the placement of these numbers to clearly identify each manufactured home lot from the street. These numbers shall be displayed either on each manufactured home or on a post placed within the lot area.
The park operator shall also be required to provide a park sign, which identifies the name of the park and a telephone number at which the park owner may be contacted. These signs must be visible from the road adjacent to the park. The park operator will provide address information to E-911 Addressing Office. All streets will be named and display a street sign visible from entrance ways.
6.
Manufactured home sales in manufactured home parks
It shall be unlawful to conduct, on a commercial basis, the sale of manufactured homes or travel trailers within a manufactured home park.
7.
Residential Units Not to be Travel Trailers
No manufactured home park shall permit a travel trailer to locate within its boundaries if used for any dwelling purpose whatsoever.
8.
Manufactured Home Equipment
Each manufactured home shall have a flush toilet, lavatory, bathtub or shower; cooking facilities, and electric wiring and shall be required to connect with the utilities provided at each manufactured home space.
9.
Health Regulations
All applicable health regulations shall apply to manufactured home parks within the jurisdiction of the County except where such regulations are in conflict with the provisions of this Ordinance, in which case the more restrictive provisions shall apply.
10.
SKIRTING
Each manufactured home shall be properly installed with skirting that is anchored down and of the type that is manufactured specifically for such use. The skirting shall be made of a material compatible with the siding of the manufactured home.
11.
Fire Prevention and Detection
In addition to any fire prevention regulations of the County, the following shall apply:
a.
The operator of a manufactured home park is responsible for informing each park resident of the location of the nearest fire alarm box, if any; the location of an accessible telephone and the telephone number to be used to report fires; and procedures to be followed in case of fire.
b.
The park owner shall install a fire extinguisher labeled as suitable for Class A, B, C fires and of a type approved by the Fire Marshall in each building open to the public and in the park office. The park staff shall be instructed in the proper use of any fire protection equipment available in the park and their specific duties in the event of fire.
c.
The park owner or operator shall maintain the park area free of rubbish, dry brush, leaves, weeds, and any other materials, which might communicate fires between manufactured homes and other buildings.
d.
Empty liquefied petroleum gas containers and other objects and materials not approved by the Fire Marshall shall not be stored under manufactured homes.
e.
The manufactured home owner shall be responsible for payment of any applicable fees if the Fire Department is called upon.
12.
Infestation Prevention
a.
Grounds, buildings, and structures shall be maintained free of insect and rodent infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the County Health Officer.
b.
Parks shall be maintained free of accumulations of debris, which may provide rodent harborage or breeding places for flies, mosquitoes, and other pests.
c.
Storage areas shall be so maintained as to prevent rodent harborage. Lumber, pipes, and other building materials shall be stored at least one foot above the ground.
d.
Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire, mesh, or other suitable materials.
e.
The growth of brush, weeds, and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumacs, and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.
P.
Non-conforming Manufactured Home Parks (Pre-existing Parks)
Manufactured home parks existing at the time of adoption of the Ordinance that do not meet the minimum standards contained herein shall have sixty (60) days to comply with the following requirements:
a.
Street name signs installed on all streets within the park. [See O. (5)]
b.
Install park signs. [See O. (5)]
c.
Solid waste disposal plan [See O. (4)]
d.
Register with Bladen County Tax Office [See O. (3)] and
e.
Obtain an operator's license to operate from the County Planning Department (See H).
Existing parks shall maintain a valid operator's license and health and safety factors must be brought to the standards described in the regulations. An existing manufactured home park shall have a barrier, divider, or an appropriate fence for a buffer zone when real estate is unavailable
Operators of all manufactured home parks existing at the time of adoption of this Ordinance shall be required to maintain a valid operator's license. Failure of a manufactured home park operator to renew the operator's license within thirty (30) days following the expiration of such license shall result in the permanent loss of the existing status. Once the Ordinance is adopted, park operators will have not more than sixty (60) days after adoption to obtain a valid operator's license. If they fail to do so, the park operator may forever lose their right to obtain an operator's license. Any expansion of the manufactured park, either in area or in the number of homes, shall also immediately result in the loss of existing status. Any manufactured home park which loses its existing status shall be required to meet all the minimum standards contained in this Ordinance before a new operator's license will be issued.
(Amendment # 5 effective September 22, 2003)
Manufactured Home Storage and or repair yard [RA and C District]
Dimensional Requirements
•
Minimum setback from any street right-of-way to any outdoor storage area shall be at least one hundred (100) feet.
•
Minimum setback from any other property line shall be at least fifty (50) feet.
•
No Manufactured Home Storage and or repair yard shall be located less than five hundred
•
No Manufactured Home Storage and or repair yard shall be located less than five hundred (500) feet from any property used or zoned for residential purposes.
Screening and Buffering:
•
•
Any gates allowing for access must meet the same height requirement and must be kept closed and locked after dark and at any time when not pen for business.
Mining and Quarrying or other Extraction Operations [I District]
Additional Site Plan Requirements
1.
The names and addresses of property owner(s) or developer(s) and the designer or Registered Surveyor or Professional Engineer, if the plans are drawn other than by the property owner, operator or developer.
2.
Date, scale and approximate North allow.
3.
Boundaries of the tract, parcel, plot or lot shown with bearing and distances.
4.
Boundaries of the area requesting to be permitted, if different from 3. above.
5.
Buffers, ingress and egress, surrounding land usage and any other specific information pertinent to the parcel, plot or lot.
6.
A vicinity map showing the location of the parcel, plot or lot.
7.
The names for each adjoining property owner, shown on the parcel, plot or lot they own.
8.
Land contours with vertical intervals of not less than ten (10) feet. U.S.G.S. 7.5 Minute Topographical Quadrangle Maps are acceptable.
9.
When an expansion is being requested, the size and location of any existing area that is being operated as a mine or mining operation.
10.
A letter or other certification of approval must be submitted from the North Carolina Department of Transportation, as to the safety and design of the access or entrance on to a State maintained street or road from the mine.
In place of 1-9 above, the applicant may submit a completed application as required by the State of North Carolina for a Mining Permit.
Access:
Access to a mine or mining operation must be from a road or street that is a State maintained road or a private road with a right-of-way width of not less than thirty (30) feet and a cleared or drivable area of not less than twenty (20) feet. Any ingress or egress that does not abut one of the above roads, entrance etc. must also have a right-of-way width of not less than thirty (30) feet and a cleared and drivable area that is adequately maintained at all times for vehicular travel and that is at least twenty (20) feet in width.
Screening and Buffering
An area of land, which shall not be less than fifty (50) feet in width (unless a lesser width is approved by the Planning Board) shall be provided along all boundaries of the affected land. This buffer area must be left at all times in a natural vegetative state or planted with trees, shrubs or plants that create a visual screen. Trees and plants must be native to the area and trees shall not be less than six (6) feet in height within six (6) years. If an earthen berm or berms are to be used within the buffer for visual screening they shall be planted with vegetation and shall not be less than six (6) feet in height at the crown and with slopes sufficient to minimize erosion.
Additional Considerations
In the case of denial because all the requirements of this section were not met, the Application may be resubmitted when all requirements have been met, with no additional fee required, provided the plan is resubmitted within one hundred eighty (180) days of the notice of rejection or denial.
Following approval by the Bladen County Planning Board, the Zoning Administrator is authorized to issue a Special Use Permit. No site disturbing activities are allowed until a Mining Permit has been issued by the State of North Carolina.
If the proper permit has not been or is not obtained from all appropriate Departments of the State of North Carolina and/or compliance with all terms of approval by the Bladen County Planning Board have not been completed within one year (365 days) from the date of approval of the application by the Bladen County Planning Board, the approval of the application and Special Use Permit shall be null and void and a new application must be submitted.
Public Facilities & Buildings including schools, colleges, hospitals, parks, community centers, ambulance services, fire stations, hospitals and other similar uses [RA, R, C, I, CON Districts]
Dimensional Requirements
•
The district dimensional requirements shall apply
Screening and Buffering
•
Outdoor storage must meet the requirements of Section 4.17.
•
If the development is located within 30' to 100' of the adjacent property line of an existing residential occupied property, screening and buffering must be provided in accordance with Section 4.18.
Lighting
•
Lighting must be directed away from adjacent property and roadways. Lighting shall be directed onto the applicant's site only.
Access
•
Adequate space must be provided on the site that allows vehicles to exit onto the street without backing into the road, highway, or street (Also see section 7).
Radio and Television Studios [RA District]
Dimensional Requirements
•
The district dimensional requirements shall apply
•
Transmission towers shall be setback a minimum distance that equals half the towers height.
Screening and Buffering
•
Outdoor storage must meet the requirements of Section 4.17.
•
If the development is located within 30' to 100' of the adjacent property line of an existing residential occupied property, he/she must provide a screening and buffering in accordance with Section 4.18 C.
Lighting
•
Lighting must be directed away from adjacent property and roadways. Lighting shall be directed onto the applicant's site only.
Access
•
Adequate space must be provided on the site that allows vehicles to exit onto the street without backing into the road, highway, or street (Also see section 7).
Radio and Television Tower [RA District]
(Amendment # 15 effective November 20, 2006)
Dimensional Requirements
The minimum distance from the base of the tower to the nearest property line shall be equal to or greater than the height of the tower. The Planning Board shall have the option to waive this provision upon receiving documentation from the petition that the tower is engineered such that in the event of collapse, the tower will fall upon itself within the property boundaries upon which it is located. This option may require the establishment of a setback equivalent to a fall zone easement certified by a professional engineer registered in North Carolina. In any case, the minimum setback for radio or television tower and all appurtenant structures shall be 25 feet from the nearest property line.
Screening and Buffering
•
Outdoor storage must meet the requirements of Section 4.17.
•
If the development is located within 30' to 100' of the adjacent property line of an existing residential occupied property, he/she must provide a screening and buffering in accordance with Section 4.18 C.
Lighting
•
Lighting must be directed away from adjacent property and roadways. Lighting shall be directed onto the applicant's site only.
Access
•
Adequate space must be provided on the site that allows vehicles to exit onto the street without backing into the road, highway, or street (Also see section 7)
Recreation, Outdoor (including, but not limited to, ball fields, swimming pools, horseback riding trails, saddle clubs and community rodeos) [R District]
Dimensional Requirements
•
The district dimensional requirements shall apply
Screening and Buffering
•
Lighting
•
Lighting must be directed away from adjacent property and roadways. Lighting shall be directed onto the applicant's site only.
Access
•
Adequate space must be provided on the site that allows vehicles to exit onto the street without backing into the road, highway, or street.
Hours of Operation
•
Hours of operation are limited to 7:00 am - 10:00 pm with the exception of any use that may require overnight stay, such as a bed and breakfast or campground.
Parking and Loading
a.
All rules and regulations listed in Section 8 shall apply.
Signage
a.
See section 9. Signs for any additional requirements
Wireless Communications Towers [RA, C, I, CON Districts]
Towers Allowed by Administrative Review
The following Wireless Communication Facilities may be allowed within Bladen County by Administrative Review as follows:
1.
Antenna Attachments. Antenna attachments onto existing Support Structure or onto an Attached Wireless Communication Facility shall be permitted by administrative approval subject to the development criteria of Section.
2.
All lands identified in Table A. Antenna attachments or Wireless Communication Facilities with support structures shall be permitted by administrative approval subject to the development criteria of this section
TABLE A
G. Site # H. Field Site Name Site Recommended Wireless Communication Facility Use NC-0469 Water Tank #1 140' Tall
10,000 Sq. Ft.Attachments Only NC-0470 Vacant Land 10 Acres 300' New Guyed Tower NC-0475 School Bus Storage 5 Acres Attachment to existing tower or New 190' Monopole NC-0476 County Park 40 Acres 150' Reconstructed Light Pole & Fixtures NC-0477 Waste Transfer Station 50 Acres 300' Guyed Tower NC-0481 Water Tank #2 140' Tall
1 AcreAttachments or New 190' Monopole NC-0485 Vacant Lot 18,300 Sq. Ft. New 190' Monopole NC-0486 Water Tank #3 130' Tall
1 AcreAttachments or New 190' Monopole NC-0487 Vacant Lot 4,022 Sq. Ft. New 190' Monopole NC-0488 Vacant Lot 1 Acre New 190' Monopole NC-0491 Vacant Lot 1 Acre New 190' Monopole NC-0492 Well Pump 40,000 Sq. Ft. New 190' Monopole NC-0495 Water Tank 171'
1 AcresAttachments or New 190' Monopole NC-0496 Vacant Land 31,500 Sq. Ft. New 250' Guyed Tower NC-0501 Ag. Center & Animal Shelter 3 Acres New 190' Monopole Towers Requiring Conditional Use Review by the Board of Adjustment
Wireless Communication Facilities with support structures shall only be permitted on all other lands not identified in Table A by means of approval of a Conditional Use Permit. Prior to applying for a Conditional Use Permit, the applicant shall provide the County with adequate information to establish that lands included in 1 or 2 above (Towers Allowed by Administrative Review) cannot be made suitable for Wireless Communication Facility locations.
A proposal for a new wireless communication facility shall not be approved unless the Planning Board finds that the equipment planned for the proposed tower cannot be accommodated on existing or approved towers, buildings or alternative structures within a one-half (½) mile search radius of the proposed wireless communications facility due to one or more of the following reasons:
i)
The planned equipment would exceed the structural capacity of the existing or approved tower, building or structures, as documented by a qualified and licensed North Carolina professional engineer, and the existing or approved tower, building or structure cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at the reasonable cost.
ii)
The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower, building or other structure as documented by a qualified and licensed North Carolina engineer and the interference cannot be prevented at a reasonable cost.
iii)
Existing or approved towers, buildings or other structures within the search radius, or combinations thereof, cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed North Carolina professional engineer.
iv)
Other unforeseen reasons that make it infeasible to locate the planned telecommunication equipment upon an existing or approved tower, building or other structure.
Wireless Communication Facilities
Wireless telecommunication towers that are used for emergency communication for county and state personnel shall be exempt from the Bladen County Zoning Ordinance and are not required to obtain a special use zoning permit.
Development Standards
Development standards for Wireless Communication Facilities will include the following development standards:
1.
Height Standards. The following height standards shall apply to all Wireless Communications Facility installations:
a.
Attached Wireless Communications Facilities. Attached Wireless Communication Facilities shall not add more than twenty (20) feet to the height of the existing building or structure to which it is attached (Attachment Structure). However, antenna attachments to existing communication towers shall not increase the height of tower above the maximum original permitted height of that tower.
b.
Wireless Communication Facilities with Support Structures identified in Table A shall have a maximum height as set out in Table A.
c.
Height for Wireless Communication Facilities with Support Structures on other lands not identified in a. or b. above shall be reviewed on a case-by-case basis as part of the Special Use Permit process. The height of the proposed Wireless Communication Facility should be consistent with the height standards indicated in Table A for similar properties in similar locations; and considering ground elevations, topographical conditions and other site development criteria within this Ordinance.
2.
Setback Standards. The following setback standards shall apply to all Wireless Communication Facility installations.
a.
Attached Wireless Communication Facilities. Attached Wireless Communications Facilities shall meet the setback provisions of the underlying zoning district in which they are located. However, an Attached Wireless Communication Facility Antenna Array may extend up to 30 inches horizontally beyond the edge of the Attachment Structure so long as the Antenna Array does not encroach upon an adjoining parcel.
b.
Wireless Communications Facilities with Support Structures. The minimum setback from all property lines for wireless communication facilities (cell towers and support structures) shall be a minimum of 300 feet and the setback shall be at least the height of the tower plus 25 feet.
3.
Landscaping. The following landscaping requirements shall be maintained by the applicant and shall apply to all Wireless Communications Facility installations.
a.
New Construction. New Wireless Communications Facilities with Support Structures and Attached Wireless Communication Facilities with new building construction shall be landscaped with a minimum landscaped area of ten (10) feet around the perimeter of the security fence meeting the following standards:
i.
One row of evergreen trees with a minimum caliper of 1.75 inches shall be installed with a maximum spacing of 25 feet.
ii.
Evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least five (5) feet shall be planted with a maximum spacing of five (5) feet. Plants shall be at least three (3) gallon container plants or 24 inches tall at the time of planting.
iii.
All plants and trees shall be indigenous to eastern North Carolina and drought resistant.
b.
Land Form Preservation. Existing mature tree growth and natural Land Form on the site shall be preserved to the extent feasible; provided however, that vegetation that causes interference with the antennas or inhibits access to the Equipment Facility may be trimmed or removed.
c.
Existing Vegetation. Existing vegetation on a Wireless Communication Facility site may be used in lieu of required landscaping where approved by the Planning Director or designee.
d.
Minimum Site Disturbance. Grading for the new Wireless Communication Facility shall be minimized and limited only to the area necessary for the new facility.
4.
Aesthetics, Placement, Materials and Colors. The following standards shall apply to all new antenna arrays and new wireless communications facilities:
a.
Antenna Array Attachments shall be designed so as to be compatible with the wireless communication facility to which it is to be affixed; including but not limited to matching the proposed array with existing structural design, facade colors, and camouflage technology;
b.
New Wireless Communication Facilities shall be designed to be compatible with existing structures and surroundings to the extent feasible. The proposed wireless communication facility should be consistent with the tower type and height standards indicated in Table A for similar properties in similar locations; including but not limited to considerations of scale and space of the immediate vicinity of the new facility, placement in a location which is consistent with proper functioning of the wireless communications facility, the use of compatible or neutral colors, and camouflage technology.
5.
Lighting. The following lighting requirements shall apply to all Wireless Communications Facility installations. Wireless Communications Facilities shall not be artificially illuminated, directly or indirectly, except for:
a.
Security and safety lighting of equipment buildings if such lighting is appropriately down shielded to keep light within the boundaries of the site; and
b.
Such illumination of the Wireless Communications Facility, as may be required by the FAA or other applicable authority installed in a manner to minimize impacts on adjacent residences;
c.
Unless otherwise required by the FAA or other applicable authority, the required light shall be red and a type of lens used to reduce ground lighting when the site is within 100' of a residential dwelling.
6.
Signage. Wireless Communications Facilities shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature, except for a small message containing provider identification and emergency telephone numbers and such other information as may be required by local, state or federal regulations governing Wireless Communications Facilities.
7.
Fencing. Wireless Communications Facilities with Support Structures shall be enclosed by an opaque fence (excluding slatted chain link) not less that 6 feet in height. Security features may be incorporated into the buffer and landscaping requirements for the site. Nothing herein shall prevent fencing that is necessary to meet requirements of State or Federal agencies.
8.
Radio Frequency Emissions/Sound. The following radio frequency emissions standards shall apply to all Wireless Communications Facility installations:
a.
Radio Frequency Impact. The FTA gives the FCC jurisdiction of the regulation of Radio Frequency (RF) emissions, and Wireless Communications Facilities that do not exceed the FCC standards shall not be conditioned or denied on the basis of RF impact.
b.
FCC Compliance. In order to provide information to its citizens, copies of ongoing FCC information concerning Wireless Communications Facilities and RF emissions standards may be requested from time to time. Applicants for Wireless Communications Facilities shall be required to provide information with the application on the measurement of the effective radiated power of the facility and how this meets the FCC standards.
c.
Sound Prohibited. No unusual sound emissions such as alarms, bells, buzzers or the like are permitted.
9.
Structural Integrity. Wireless Communications Facilities with Support Structures shall be constructed to the Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antennas Towers and Antenna Support Structures" (or equivalent), as it may be updated and amended. Each Support Structure shall be capable of supporting multiple antenna arrays.
10.
Collocation Support Structure Design. All Wireless Communication Facilities with a support structure up to a height of 150 feet shall be engineered and constructed to accommodate at least 3 antenna array. All Wireless Communication Facilities with a support structures up to a height of 150 feet or greater shall be engineered and constructed to accommodate at least 4 antenna array.
11.
Collocation Agreement. All applicants for Wireless Communications Facilities are required to submit a statement with the application agreeing to allow and reasonably market collocation opportunities to other Wireless Communications Facility users. The statement shall include the applicant's policy regarding collocation of other providers and the methodology to be used by the applicant in determining reasonable rates to be charged other providers. The Collocation Agreement shall be considered a condition of issuance of a Tower Antenna Use Application (TAA). A TAA shall not be issued unless the applicant complies with the collection policy outlined in below.
12.
Shared Facilities and Collocation. All new Wireless Communication Facilities shall be engineered, designed and constructed to be capable of sharing the facility with other applicants, to collocate with other existing wireless communication facilities and to accommodate the future collocation of other wireless communication facilities. A TAA shall not be issued until the applicant proposing a new wireless communications facility shall demonstrate that it has made a reasonable good faith attempt to locate its Wireless Communication Facility onto an existing structure. Competitive conflict and financial burden alone are not deemed to be adequate reasons against collocation.
13.
Removal of Abandoned Support Structures
Any support structure that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the County, at its election, may require the support structure owner to remove the support structure within 90 days after notice from the County to remove the support structure. If there are two or more users of a single support structure, this provision shall not become effective until all providers cease to use the support structure. If the owner of an abandoned support structure cannot be located or is no longer in business, the requirements of this section shall be the responsibility of the landowner on whose property the support is located.
(Amendment # 13 effective June 5, 2006; Amendment # 16 effective June 2, 2008; Ord. of 10-21-2013(1); Amd. 13.19, eff. 8-20-12)