WSMU_GRAN_WSWP Other Info_20200911 (5)

ARTICLE VIII
EXCEPTIONS AND MODIFICATIONS
Section 801. Lots of Record. Where the owner of a lot of official record in any
residential district at the time of the adoption of this ordinance or his successor in title
does not own sufficient contiguous land to enable him to conform to the minimum lot
size requirements of this ordinance, such a lot may be used as a residential building site
provided, however, that the requirements of the district are complied with or a variance is
obtained from the Board of Adjustment.
Notwithstanding the foregoing, whenever two or more adjoining vacant lots of record are
in single ownership at any time after the adoption of ordinance and such lots individually
have less area or width than the minimum requirements of the district in which such lots
are located, such lots shall be considered as a single lot or several lots which meet the
minimum requirements of this ordinance for the district in which such lots are located.
Section 802. Front Yard for Dwellings. The front yard requirements of this ordinance
for dwellings shall not apply to any lot where the average setback of existing buildings
located wholly or in part within 100 feet on either side of the proposed dwelling and on
the same side of the street in the same block and use district as such lot is less than the
minimum required front yard depth. In such case, the setback on such lots may be less
than the required setback but not less than the average of the existing setbacks on the
aforementioned lots, or a distance of 10 feet from the street right-of-way, whichever is
greater.
Section 803. Wireless Communication Facilities
Wireless communication facilities are allowed in all zoning districts as conditional uses.
In the R-20, R-20A, RSF-15, RSF-15A, R-8, R-8A, R-8SF, R-MH, CBD and NB zoning
districts, stealth or total concealment technology will be required. Concealment shall be
the goal of the applicant and stealth or concealment technology may be required in other
zones when deemed appropriate by the Planning Board.
803.1 Conditional Use Permit Required. It shall be unlawful for any person to place,
construct or modify any wireless communication facility within the jurisdiction of
the Town of Granite Falls without first obtaining a Wireless Communication
Facility Conditional Use Permit. Permits shall be regulated as follows:
A. Applications for Conditional Use Permits will be classified and processed
in one of the following categories depending on the characteristics of the
proposed installation:
Installations utilizing existing structures
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2. Communications towers
Modifications to approved facilities
B. A Conditional Use Permit shall become null and void if the permitted
facility is not constructed and placed in service within one year of the date
of the town's approval provided, however, that the permit may be
extended one time for six (6) months upon payment of an additional $250
fee if the Zoning Administrator determines that_substantial construction
has commenced before expiration of the initial year.
C. Nonconforming communication towers in existence on the date of
enactment of this Section shall be exempt from the Conditional Use
Permit requirements. However, any increase in height of such a
nonconforming communication tower shall be subject to the provisions of
this section.
803.2 Applicant's Certifications. An application for a Conditional Use Permit for a
wireless communication facility shall not be deemed complete until the applicant
certifies that:
A. It has not constructed, maintained, operated or modified any wireless
communications facility within the Town of Granite Falls' zoning
jurisdiction without the approval of the Town of Granite Falls; and
B. If it has constructed, maintained, operated or modified any wireless
communications facility within the Town of Granite Falls' zoning
jurisdiction without the approval of the Town of Granite Falls that it has
ceased operating and has removed all above -ground portions of such
facilities (not including any part of the foundation); and
C. The proposed wireless communication facility complies with and at all
times will be maintained and operated in accordance with, all applicable
FCC rules and regulations with respect to environmental effects of
electromagnetic emissions; and
D. Any communication tower to be constructed as part of the proposed
wireless communications facility is not required to be lighted or painted
by rules and regulations of the Federal Aviation Administration; and
E. All improvements constructed, as part of the wireless communication
facility shall comply with the Uniform Building Code, National Electrical
Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Fire
Code, and structural standards of the Electronic Industries
Association/Communications Industry Association, where applicable.
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803.3 FCC License Required. The applicant for a wireless communication facility
Conditional Use Permit must currently be licensed by the FCC to provide fixed or
mobile wireless communication services or, if the applicant is not such an FCC
licensee, must demonstrate that it has binding commitments from one or more
FCC licensees to utilize the proposed wireless communication facility. An
application for a Conditional Use Permit shall not be deemed complete unless it is
accompanied by a copy of each applicant's or tenant's FCC license and, if the
applicant is not an FCC licensee, the Zoning Administrator shall verify that the
applicant holds executed leases from each FCC licensee proposing to locate
wireless facilities at the site. If a copy of an FCC license has previously been
supplied to the Zoning Administrator in conjunction with an application for a
wireless communication facility, the Applicant may certify that such license
remains valid in lieu of submitting an additional copy of such license.
803.4 Electromagnetic emissions compliance. Wireless communication facilities shall
at all times comply with FCC standards for radio frequency emissions.
803.5 Liability insurance. Prior to the issuance of a Conditional Use Permit that
applicant shall be required to provide certificates of insurance demonstrating it
has a minimum of $1,000,000 in general liability insurance covering any liability
arising out of its construction or operation of the wireless communication facility.
The applicant shall be required to maintain such coverage in full force and effect
until such time as all above ground portions of the facility (not including any part
of the foundation) have been removed and all other conditions of its
Maintenance/Removal Agreement have been satisfied.
803.6 Public property preference. Applicants shall first consider properties owned by
the Town of Granite Falls, or instrumentalities thereof, including State and
Federal properties, before considering private properties as locations for wireless
communication facilities. The Planning Department will provide an inventory of
such properties. Public properties shall be subject to the same restrictions and
standards of appropriateness as private properties. If suitable public properties
cannot be located, justification shall be provided which clearly explains why the
properties are not suitable and what alternatives were considered.
803.7 Existing Structures. It is the policy of the Town of Granite Falls to encourage use
of existing structures and co -location, therefore these locations shall be
considered first. In furtherance of these policy objectives, wireless
communication facilities which do not require the placement or construction of a
communications tower, increases in tower height, or increases by the antenna
apparatus of more than twenty (20) feet, and which otherwise meet the
requirements of this Section, shall enjoy a streamlined approval process. For
purposes of this Section, existing communication towers or alternative structures
requiring an increase of more than twenty (20) feet in height to accommodate a
wireless communication facility shall be treated the same as applications for a
new or additional communication tower.
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A. Approval process. Applications for Conditional Use Permits for wireless
communication facilities which do not require a new or additional
communications tower, increases in tower height, or increases in height of
alternative structures, may be approved by the Site Review Board without
a public hearing. Applications shall be in a form and shall contain such
information as required by this Section and, in addition, such other
information as the Site Review Board shall deem necessary and
appropriate. An application shall not be deemed complete until the
application fee and maintenance/removal bond have been received by the
Town.
B. Maintenance/Removal Bond. An applicant for a Conditional Use Permit
for a wireless communication facility that does not include a new or
additional communications tower, or require an increase in tower height or
heights of alternative structures, shall be required to post a $5,000 cash
bond to secure the costs of maintaining the exterior appearance of the
facility if the wireless provider fails to continually do so, or removing such
facility in the event the applicant shall fail to do so within 90 days of
abandonment or cessation of operation of the facility. The applicant shall
be required to continue such bond or other security until such time as all
above -ground portions of the facility (not including any part of the
foundation) have been removed and all other requirements of its
Maintenance/Removal Agreement have been satisfied. Private business
users operating a single wireless communication facility at their principal
place of business and governmental users are exempt from the
maintenance/removal bond.
803.8 Maintenance/Removal Agreement. An application for a Conditional Use Permit
shall be accompanied by those portions of an executed copy of a lease requiring
the applicant to remove all above -ground portions of wireless communication
facilities (not including any part of the foundation) no later than ninety (90) days
after cessation of operations. In addition, each applicant for a wireless
communication facility Conditional Use Permit shall execute a facility
maintenance/removal agreement prior to issuance of the Conditional Use Permit.
Said agreement shall bind the applicant and the applicant's successors -in -interest
to properly maintain the exterior appearance of and ultimately remove the facility
in compliance with the provisions of this Section and any conditions of approval.
It shall further bind them to pay all costs for monitoring compliance with, and
enforcement of, the agreement and to reimburse the Town for all costs incurred to
perform any work required of the applicant by the agreement that the applicant
fails to perform. Such costs shall include, but not be limited to, administrative
and job supervision costs. It shall also specifically authorize the Town and/or its
agents to enter onto the property and undertake said work so long as the Zoning
Administrator has first provided the applicant the following written notices at the
applicant's last known address:
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A. An initial compliance request identifying the work needed to comply with
the agreement and providing the applicant at least thirty (30) days to
complete the work; and
B. A follow-up notice of default specifying the applicant's failure to comply
with the work within the time period specified and indicating the Town's
intent to commence the required work within ten (10) days.
803.9 Abandonment and removal. Abandoned or unused wireless communication
facilities shall be removed as follows:
A. All abandoned or unused wireless communication facilities located above
ground (not including any part of the foundation) that are not removed
within ninety (90) days of the cessation of operations, the facility may be
removed as provided in the applicant's Maintenance/Removal Agreement
by the Town and the costs of removal recovered from the applicant's bond
or other security.
803.10 Nonconforming uses. Any wireless communication facility in existence on the
date of enactment of this Section, which does not comply in all respects with
these provisions, shall be deemed a nonconforming use. Such pre-existing
facilities may not be increased in height without complying with these provisions.
In the event such facility shall be destroyed, or suffer damage in excess of 50% of
the tax value of the facility's improvements, such facility shall not be repaired or
replaced and shall be removed unless any replacement facility complies in all
respects with the provisions of this Section. Except in the case of destruction or
damage in excess of 50% of the tax value of the facility's improvements,
technological upgrades of electronics and antennas are permitted.
803.11 New Towers Including Additions And Increases. In addition to the general
requirements set forth above for wireless communication facilities, applications
for Conditional Use Permits for wireless communication facilities requiring a new
or additional communication tower, increases in tower height, or increases in
height of alternative structures, shall comply with the provisions of this Section.
Such applications shall be reviewed and processed in accordance with the
following provisions:
A. Approval process. Applications for communication towers, increases in
tower height of more than twenty (20) feet, or increases in height of
alternative structures, shall be submitted in writing to the Zoning
Administrator and shall contain all information required by this Section as
well as any additional information the Zoning Administrator deems
necessary and appropriate. A quasi-judicial public hearing shall be
required before the Board of Commissioners before any decision to grant
or deny an application. Public notice of the application and hearing shall
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be in accordance with the notice provisions set forth below. A hearing
before the Town of Granite Falls Planning Board will be held first to
receive public input and recommendations.
B. Application fee. Applications shall require payment of a nonrefundable
$2500 fee. This fee may be reduced to $1000 when applicant is utilizing
existing publicly owned structures such as water tanks, school stadium
lights and flag poles or is locating within areas which are not zoned
residential.
C. Maintenance and removal bond payable to the Town of Granite Falls. An
applicant for a Conditional Use Permit for a wireless communication
facility that includes a new or additional communication tower, increases
in tower height, or for increases in height of alternative structures, shall be
required to post a $10,000 cash bond, or other security satisfactory to the
Town, to secure costs of removing all above ground portions of a wireless
communication facility (not including any part of the foundation) in the
event the applicant shall fail to do so within ninety (90) days of cessation
of operation of the facility. The applicant shall be required to continue
such bond or other security until such time as the facility has been
removed and all other requirements of its Maintenance/Removal
Agreement have been satisfied. Private business users operating a single
wireless communication facility at their principal place of business and
governmental users are exempt from the bond requirement.
D. Public Notice. Notice of an application for a proposed communication
tower shall comply with the provisions of N.C.G.S. 153A-323 and 153A-
343 as amended.
E. Notice to adjacent property owners.
F. Posted notice. A sign advertising the application for a proposed
communication tower, and any scheduled public hearings, shall be posted
by the Zoning Administrator in a prominent location on or near the parcel
containing the proposed communication tower, or on a nearby public road.
Such signs shall be posted at least ten (10) days prior to any public
hearings.
803.12 Applicant's Burden. The applicant for a communications tower shall bear the
burden of demonstrating by substantial evidence that a bona fide need exists for
the proposed communication tower and that no reasonable combination of
locations, techniques or technologies will obviate the need for, or mitigate the
height or visual impact of, the proposed communications tower.
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803.13 Electric transmission towers. It is the policy of the Town of Granite Falls to
encourage the use of electric transmission towers to deploy wireless
infrastructure. In furtherance of that policy objective:
A. No communications tower shall be approved if an electric transmission
tower is located within a one quarter mile radius (1320) feet laterally of
the proposed communications tower site and if road access and necessary
utilities can be obtained within a one quarter mile radius (1320) feet of the
existing electric transmission tower, unless the applicant can demonstrate
that sufficient easements or other interests in real property cannot be
obtained to accommodate the wireless communication facility, or that the
electric utility owning the electric transmission tower is unwilling to allow
its use for wireless facilities, or if the planned equipment would exceed the
structural capacity of the existing electrical transmission tower.
B. Electric transmission towers less than one hundred (100) feet in height
may be replaced by pressure -treated wooden or metal electric transmission
towers up to one hundred (100) feet in height. Such replacement shall be
at the discretion of the electric utility which owns or operates the electric
transmission tower, taking into account safety, service disruptions,
structural capacity and structure life or duty cycle. For purposes of this
Section, such replacement electric transmission tower shall be deemed to
be an existing structure.
803.14 Presumption favoring existing structures. A proposal for a new or additional
communication tower shall not be approved unless the Town Council finds that
the equipment planned for the proposed communication tower cannot be
accommodated on existing or approved towers, buildings or alternative structures
more than thirty (30) feet in height (after first considering electric transmission
towers) within a one quarter mile search radius (1320 feet) of the proposed
communication tower site due to one or more of the following reasons:
A. 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
a reasonable cost.
B. 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.
C. Existing or approved towers, buildings or other structures within the
search radius, or combinations thereof, cannot accommodate the planned
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equipment at a height necessary to function reasonably as documented by
a qualified and licensed North Carolina professional engineer.
D. Other unforeseen reasons that make it infeasible to locate the planned
communications equipment upon an existing or approved tower, building
or other structure.
803.15 Tower Height Limitations. The height of any communication tower shall be
limited in accordance with the following provisions:
A. Protected mountain ridges:
Where the tower site is surrounded by a dense mature vegetative
canopy within 100 feet of the tower site, the tower shall not extend
more than thirty (30) feet higher than the average height of the
mature vegetative canopy found within 500 feet of the site.
2. Where no vegetative canopy exists within 100 feet of the tower
site, the maximum tower height shall be 60 feet.
B. Towers not on a protected mountain ridge.
1. Shall not exceed 110 feet.
2. However, where the tower site is surrounded by a dense vegetative
canopy within 100 feet of the tower site, the tower may extend
thirty (30) feet higher than the average height of the mature
vegetative canopy found within 500 feet of the site.
803.16 Tower Spacing. Communication towers shall be located at least 2 miles from
other communication towers and no closer than a quarter mile to the perimeter
line of an R-20 Zone based upon a survey of surrounding sites using GPS or other
methods provided by the applicant. Closer spacing may be
recommended/approved by the Board of Adjustment when the applicant can
prove the need as set forth in Section 803.18(A)(1-4).
803.17 Reserved.
803.18 Co -location Requirements. To minimize cumulative visual impacts, it is the
policy of the Town of Granite Falls to encourage co -location of new wireless
communication facilities with existing and planned facilities whenever feasible
and aesthetically desirable. All wireless communication towers erected,
constructed, or located within the Town of Granite Falls shall comply with the
following co -location requirements.
A. A proposal for a new commercial wireless communication tower shall not
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be approved unless the Town Council find that the communications
equipment planned for the proposed tower cannot be accommodated on
existing or approved towers or alternative structures more than thirty (30)
feet in height within one -quarter mile search radius of the proposed
location due to one or more of the following reasons:
The planned equipment would exceed the structural capacity of the
existing or approved towers, buildings or other structures, as
documented by a qualified and licensed North Carolina
professional engineer, and the existing or approved structure
cannot be reinforced, modified or replaced to accommodate
planned or equivalent equipment at a reasonable cost;
2. The planned equipment would cause interference materially
impacting the usability of other existing or planned equipment at
the tower or building as documented by a qualified and licensed
North Carolina professional engineer and the interference cannot
be prevented at a reasonable cost;
Existing or approved towers, buildings or other structures within
the search radius, or combination thereof, cannot accommodate the
planned equipment at a height necessary to function reasonably as
documented by a qualified and licensed North Carolina
professional engineer, or;
4. Other unforeseen reasons that make it infeasible to locate the
planned communications equipment upon an existing or approved
tower, building or other structure.
B. Except in the case of a communications tower on a protected mountain
ridge, any proposed wireless communication tower over sixty (60) feet in
height shall be designed structurally, electrically, mechanically and in all
respects to accommodate both the applicant's antennas and comparable
antennas for at least one additional user. In the case of wireless
communication facilities placed on an electric transmission tower, co -
location may not be required if the electric utility owning the tower
determines that for structural, safety and operational reasons the tower
cannot accommodate additional users. Towers must be designed to allow
for future rearrangement of antennas upon the tower and to accept
antennas mounted at varying heights.
C. Antennas or antenna arrays employed as part of a wireless communication
facility operated by a private business user, governmental user or
commercial wireless service provider may not be co -located on a tower or
other support structure used by an amateur radio operator.
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803.19 Tower and Antenna Design & Appearance Requirements. No Conditional Use
Permit shall be approved for a communication tower, increase in tower height, or
increase in height of an alternative structure, unless the Town Council finds that
the design standards of this section have been met. Proposed or modified towers
and antennas shall meet the following design requirements:
A. Towers and antennas may be required to blend into the surrounding
environment. Stealth or concealment technology may be required in areas
deemed appropriate.
B. Guyed towers are prohibited. Commercial wireless communication
towers shall be of a monopole design unless Town Council determines
that an alternative design would better blend into the surrounding
environment.
C. Use of polarized antennas which electronically combine the functions of
transmit and receive antennas (rather than spatial diversity antenna arrays
which rely on antennas being physically separated) and dual-band/multi-
band antennas (allowing two or more providers of different types of
commercial wireless services to share a common antenna) is encouraged.
D. Antennas shall be mounted on communication towers so as to present the
smallest possible silhouette, profile, or cross-section. Preferred antenna
mounting scenarios are, in order of descending preference:
Compact polarized antennas in a cylindrical unicell arrangement
less than 22 inches in diameter mounted atop the tower;
2. Panel antennas flush -mounted against the tower;
Antennas mounted at the end of straight or curved davit arms or
brackets extending from the sides of the tower.
E. No communication tower shall have constructed thereon, or attached
thereto, in any way, any platform, catwalk, crow's nest, triangular
framework, climbing devices (within the first 20 feet), or like structures or
equipment, except during periods of construction or repair. Curved or
straight davit arms or brackets used for antenna mounting shall be
connected to the tower at the base of the arms or brackets only and such
arms or brackets (and any antennas or hardware mounted thereon) shall
not be physically inter -connected with any similar arm or bracket.
F. All equipment enclosures and other improvements accessory to a tower
shall be architecturally designed to blend in with the surrounding
environment and shall be maintained in good appearance and repair. No
equipment enclosure may exceed ten (10) feet in height. Ground mounted
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equipment shall be screened from view by suitable vegetation, except
where a design of non -vegetative screening better reflects and
complements the architectural character of the surrounding neighborhood.
G. To the greatest extent possible, wireless communication facilities shall be
designed to survive a natural disaster and wind sheer without interruption
in operation.
H. Communication towers, equipment enclosures and other improvements
shall be enclosed within a security fence consisting of chain link fencing at
least eight (8) feet in height. The fence may be topped with barbed wire.
It is required as a condition of approval that the fencing be screened by
appropriate landscaping or other means.
803.20 Fall zones, setbacks and buffers. Communication towers shall conform with each
of the following minimum setback requirements:
A. A fall zone clear of any dwellings on the parcel containing the
communication tower (other than equipment enclosures associated with
the wireless communication facility) equal to one-half the height of the
tower shall be required. Non-residential zones will have a zero fall zone.
The minimum setback measured from the property line shall be equal to
100% of the communication tower height.
B. Buffer. A buffer of a 100-foot radius consisting of the mature trees that
comprised the vegetative canopy shall be maintained. In residentially
zoned areas where no vegetative canopy exists, a buffer of evergreen trees
of a minimum of four (4) feet in height shall be provided and maintained
and shall be part of the site development plan.
C. A communication tower's setback may be reduced or its location in
relation to a public street varied, at the sole discretion of the Town
Council, to allow the integration of a communication device into an
existing or proposed structure such as a church steeple, lighting structures,
electric transmission tower, or similar structure.
803.21 Tower Lighting.
A. No communication tower shall be of a type or height, or placed in a
location that the Federal Aviation Administration would require the
communication tower to be lighted or painted.
B. Communication towers shall not be illuminated by artificial means and
shall not display strobe lights or other warning lighting unless, in a
particular instance, the Town Council requires a communication tower to
be lit. The applicant shall be required to certify that the proposed
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communication tower is not required to be painted or illuminated by any
FAA rule or regulation.
C. When incorporated into the approved design of a tower, light fixtures used
to illuminate ball fields, parking lots, or similar areas may be attached to
the communication tower.
D. A wireless communication facility may utilize a security light controlled
by a motion -detection sensor at or near the entrance to the facility.
803.22 Site Development Plans. A site development plan shall be prepared by a North
Carolina registered land surveyor, landscape architect or professional engineer
and shall contain the following information:
A. Provide a tree survey to determine density and average mature vegetative
canopy height within a 500-foot radius.
B. The name, address and telephone number of the applicant and the property
owner, tax parcel identification number, scale, north arrow, a copy of the
section of the 1:24,000 USGS quadrangle showing the proposed site and
latitude and longitude coordinates.
C. The name, address and telephone number, signature and seal of the
professional preparing the site development plan.
D. All identifiable structures located on the parcel, all private and public
roads, highways and underground and overhead utilities.
E. Surveyed boundary lines of the parcel containing the proposed
communication tower construction and its fall zone.
F. All existing communication towers on the property or any communication
tower whose fall zone encroaches onto the property.
G. Description of adjacent land use and all property owner names, tax parcel
numbers and mailing addresses.
H. The ground elevation of the proposed communication tower's base, all
proposed support structures, property corners, and permanent site
benchmark.
L Site development plan shall be recorded and not subject to subdivision
regulations.
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Section 804. Planned Development. The purpose of a Planned Development (PD) is to
allow diversification in the relationship of residential, office, commercial and/or
industrial uses and structures to their sites and to permit a more flexible development of
such sites through site specific, unified planning. The application of PD concepts is
intended to encourage innovative architectural and site design, efficient use of public
facilities and protection of environmentally sensitive areas while ensuring substantial
compliance with the intent of the Town of Granite Falls Zoning Ordinance and other
provisions related to public health, safety and general welfare. Furthermore it is the
purpose of this section to:
a. Encourage development that enhances the quality of life while protecting the
health, safety and general welfare of residents;
b. Encourage variety in housing opportunities;
c. Encourage the development of a viable economic base;
d. Encourage the development of land uses that will complement existing land
uses;
e. Encourage implementation of the goals and objectives of the Granite Falls
Pedestrian Master Plan;
f. Provide guidelines for development of Planned Developments.
In return for greater flexibility in site design requirements, Planned Developments are
expected to deliver exceptional quality community designs that preserve critical
environmental resources, provide above average open space amenities, incorporate
creative design in the layout of buildings, open space and circulation, assure
compatibility with surrounding land uses and neighborhood character, and provide
greater efficiency in the layout and provision of roads, utilities, and other infrastructure.
The PD option shall not be used as a means of circumventing the Town's adopted land
development regulations for routine developments.
This form of development may be approved in the districts that allow it as a conditional
use, provided:
804.1 The design and layout of a PD shall take into account the relationship of the site
to the surrounding areas. Additionally, the perimeter of the PD shall be so
designed as to minimize any negative impacts on adjacent properties.
804.2 Planned Developments may be approved for any use or combination of uses
except combinations of residential and industrial uses.
804.3 The minimum site area required for planned unit developments shall be
determined based upon its use. The following table outlines the area requirements
for each type of PD.
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PD Type
Minimum Area
Single Family Residential
No Minimum
Multi Family Residential
No Minimum
Single/Multi Family Mixed Residential
No Minimum
Office and/or Commercial
Two 2 Acres
Office/Commercial/Residential Mixed
Use
Two (2) Acres
Industrial
Ten 10 Acres
Industrial/Office/Commercial Mixed Use
Ten 10 Acres
804.4 The total parcel of land is under single ownership or control and there is
reasonable assurance that the project can be successfully completed and
maintained, including care and maintenance of all common open space, recreation
space, sidewalks or pedestrian facilities and other common land area.
804.5 Development of a PD may be phased, in which case all the property anticipated
for PD development shall be submitted as part of the PD development plan
showing a conceptual depiction of the eventual development through all phases. If
phasing is proposed a phasing schedule shall be provided and approved by the
Board of Adjustment. This schedule shall be adhered to unless otherwise
authorized by the Board of Adjustment. During the phased development of a PD
an equal proportion of the overall open space required shall be dedicated and
installed or improved by the end of construction of each phase.
804.6 Plats for PDs may be processed concurrently with the PD approval procedures.
804.7 Design Standards and Requirements
a. If land or structures within a proposed PD are to be sold to more than one
person, partnership, firm or corporation, or are to include the dedication of
land, then the proposed PD shall be subject to the Town of Granite Falls
Subdivision Ordinance.
b. The Town's right-of-way requirements and street improvement standards, as
described in the Town of Granite Falls Subdivision Ordinance, may be waived
or modified within a PD.
c. A PD shall be exempt from the minimum lot size, building height, setback and
density requirements of the underlying zoning district, but shall be subject to
all other applicable requirements.
d. The basic density of a PD shall be established on the approved development
plan.
e. The PD shall provide not less than twenty percent (20%) of the gross land area
for common open space, or ten percent (10%) exclusive of dedicated rights-
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of -way. In residential or residential mixed use PDs required open space may
not be part of any proposed or platted single-family residential lots. Required
open space may be reduced if safe, convenient access is available to public
recreation facilities.
f. A distance between all structures shall at a minimum comply with any
applicable Local, State and/or Federal Standards.
g. Off Street parking shall be provided at a ratio of two spaces per dwelling.
h. All principal buildings and accessory buildings or uses abutting the property
lines of the project must meet the minimum yard requirements and height
requirements of the district where the project is located for all yards abutting
said property lines.
804.8 Procedure for Approval of Planned Developments. Planned Developments shall
be approved as Conditional Uses by the Town of Granite Falls Board of
Adjustment upon recommendation of the Granite Falls Planning Board and shall
be in accordance with the following procedures:
a. Who May Apply: Any owner, group of owners, or representative of such
owners of contiguous property acting jointly may submit an application for a
PD.
b. Pre -Application Conference: Prior to acceptance of an application for PD
approval a pre -application conference between representatives of the Town
and the potential applicant is required.
c. Application: The applicant(s) shall file an application for a PD approval as
Conditional Use Permit. The application shall be accompanied by the
following:
The application fee as set forth by the Granite Falls Town
Council;
2. A vicinity map;
Sufficient copies of maps and plans, as determined by the
Town Planning Staff, comprising the PD Development
Plan.
d. PD Development Plan: The PD Development Plan shall indicate or include
the following:
Written documentation of the following:
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a. Statement of intent, including plans for
selling or leasing/renting the property;
b. A timetable of development, including a
phasing schedule if project will be
developed in phases;
C. Provision to ensure maintenance of all
common areas and open space.
2. Relationship of the property to surrounding areas
including identification of adjacent property owners,
existing land uses and zoning of both the proposed PD
site and adjacent properties.
Names, right-of-way widths and pavement dimensions of
all streets bounding, traversing or touching upon the
proposed site.
4. Location and layout of the proposed landscape design of
all common yards, open space and recreational areas.
5. Location and layout of proposed street lighting and street
signs.
6. Location and dimensions of all proposed signage.
7. Existing topographical conditions and location of
significant geographical features including watercourses.
Floodplain and Water Supply Watershed designation
should also be included.
8. Location of drainage facilities/basins and other features
both existing and proposed.
9. A boundary survey of the entire property.
10. Location, size and height of all structures indicating
either the dimensions or the limits within which
structures will be constructed.
11. A calculation (%) of all impervious (built upon area)
including building footprints, streets, driveways and other
impervious surfaces to ensure compliance with the Water
Supply Watershed Protection Ordinance.
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12. Preliminary subdivision plat if the property is to be
subdivided.
13. Location, arrangement and design of parking facilities
and loading areas.
14. Architectural plans and elevations of typical structures.
e. Planning Board Consideration: Following consideration the Planning Board
shall within sixty (60) days from original receipt of the application
recommend to the Board of Adjustment approval or denial of the application
and accompanying PD plans or may recommend conditional approval with
such conditions as are necessary to ensure conformity to all applicable
requirements. If conditions are placed on the approval of the PD a revised plan
including the required changes must be submitted to the Board of Adjustment.
A PD may be recommended for approval only when it has been determined
that:
The PD will be compatible with nearby developments
and land uses;
2. Peripheral treatment ensures proper transition between
PD uses and nearby developments and land uses;
The development will be consistent with the
comprehensive plan and the purposes of the PD section;
4. The health, safety and welfare of the public have been
preserved.
f. Board of Adjustment Consideration: After receiving Planning Board
approval, the applicant shall submit to the Board of Adjustment an adequate
number of copies of a detailed Final Development Plan in conformity with the
requirements of this ordinance and with any additional requirements specified
by the Planning Board. Upon receiving recommendation of approval from the
Planning Board the Board of Adjustment, following a public hearing, shall
consider the PD request and shall approve, conditionally approve or
disapprove the PD request with a period of sixty (60) days, unless an
extension is requested by the applicant. If the PD is approved conditionally by
the Board of Adjustment the applicant must provide a revised plan including
the required changes to the Town Planning Department.
g. Expiration and Time Limitations: Construction of improvements in a PD
shall begin within one (1) year from the date of approval by the Board of
Adjustment. An extension of one (1) year for construction to begin may be
granted by the Board of Adjustment upon written request by the applicant. If
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construction has not commenced within this time frame the PD approval shall
be considered null and void. Once construction has commenced the applicant
shall have one (1) year in which to complete the required infrastructure, if a
phasing schedule was not approved with the PD Development Plan.
h. Changes and Modifications: The Town Planning Department may approve
changes in the development which are minor in nature and are consistent with
the approved PD Development Plan. Major changes to the approved PD
Development Plan shall be considered as a new application for approval.
Major changes include:
Change in use;
2. Major realignment of vehicular circulation patterns;
Increase in density or relocation of density pattern;
4. Reduction of open space;
5. Change in exterior boundaries except survey adjustments;
6. Increase in number of structures;
7. Increase in structure height.
i. Zoning Permits and Building Permits: No Zoning or Building Permit shall be
issued for the PD or phase, if a phasing schedule was approved, until the
required physical infrastructure (streets, sidewalks, water and sewer lines,
etc.) has been properly installed and inspected. The applicant/developer shall
provide to the Town of Granite Falls Planning Department a construction and
inspection report certified by a professional engineer licensed in the State of
North Carolina which verifies that the physical infrastructure has been
properly installed and inspected. Additionally, the construction and
development of all common areas and open space of each PD or phase, if a
phasing schedule was approved, shall be completed to coincide with the
completion of structures. For example, when twenty-five percent (25%) of the
structures are completed, twenty-five percent (25%) of the common areas and
open space shall be required to be completed. Furthermore, a Certificate of
Occupancy (CO) shall not be issued until and unless such common areas and
open space have been completed.
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Section 805. Special Use Permit. A permit issued by the Town Council after said Board
has held a public hearing. Special Use Permits may be issued within any of the use
districts outlined in this Ordinance. For example within an R-20A District an NB-SU
permit may be issued for a site -specific development proposal for any use permitted by
right within the NB District. The development proposal authorized by a Special Use
Permit shall comply with all provisions of the corresponding district. Additional
conditions may be attached to any Special Use Permit. Non-compliance with approved
conditions would constitute a revocation of the Special Use Permit.
Section 805.1 Purpose of Special Use Permits.
The permitting process allows particular uses to be established, but only in
accordance with a specific development project. Uses authorized by special use
permits shall be permitted uses in one of the established districts created by this
Ordinance. The special use permit approval process is established to address
those situations when a particular use may be acceptable in the Town as a whole,
but the existing underlying zoning district does not permit for the establishment of
such use. No special use permit shall be issued until the owner(s) of the property
in question (or his/her authorized agent) requesting the permit has submitted an
application for the issuance of a special use permit and the Granite Falls Town
Council has approved such application in accordance with the procedures stated
herein.
Section 805.2 Plans and Other Information to Accompany Petition.
Every application for a special use permit shall be submitted with a scale drawn
site plan and any necessary supporting text shall include the following
information:
A. A boundary survey and vicinity map showing the property's total acreage,
zoning classification(s), Watershed designation, general location in relation to
major streets, railroads, and/or waterways, date, and north arrow.
B. All existing easements, reservations, and rights -of -way;
C. Proposed number and location of all structures, their approximate area, and
their approximate exterior dimensions (site plan);
D. A description of all screening and landscaping required by these regulations
and/or proposed by the applicant.
E. All existing and proposed points of access to public streets;
F. The owner's names and addresses, property identification numbers and
existing land use(s) of all adjoining properties.
G. Traffic, parking, and circulation plans, showing the proposed location and
arrangement of parking spaces and ingress and egress to adjacent streets
H. Town Staff submittals shall be exempted from the preceding requirements.
Section 805.3 Additional Information. In the course of evaluating the proposed use, the
Planning Board or Town Council may request additional information from the
applicant. A request for such additional information shall stay any further
consideration of the application by the Planning Board or Town Council. This
information may include (but not be limited to) the following:
1. Storm water drainage plan;
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2. Existing and proposed topography at five-foot contour intervals or less;
3. The existing and proposed location of all water and sewer lines and fire
hydrants intended to serve the proposed development.
4. Proposed number, type, and location of signs;
5. A traffic study of the proposed development prepared by a qualified
transportation or traffic engineer or planner. The traffic impact study shall include
the following information:
A. Existing traffic conditions within the study area boundary;
B. Traffic volumes generated by the existing and proposed development
on the parcel, including the morning peak, afternoon or evening peak,
and average annual traffic levels.
C. The distribution of existing and proposed trips through the street
network:
D. Analysis of the capacities of intersections located within the study
area:
F. Recommendations for improvements designed to mitigate traffic
impacts and to enhance pedestrian access to the development from the
public right-of-way: and
G. Other pertinent information including, but not limited to, accidents,
noise, and impacts on air quality and other natural resources.
805.4 Fees.
No application shall be considered complete unless it contains or is accompanied
by all items listed in Section 805.2 and any required items under Section 805.3
and all applicable fee(s) for the submittal of a Special Use Permit application.
Section 805.5 Planning Board Review.
The Planning Board shall have a maximum of forty-five (45) days from the date
at which it initially met to review the application to submit its recommendation to
the Town Council. If a recommendation is not made during said forty-five (45)
day period, the application shall be forwarded to the Town Council.
Section 805.6 Town Council Action.
Once a recommendation has been received from the Planning Board, or the forty-
five (45) day Planning Board review period has expired, the Town Council shall
schedule a public hearing concerning the application.
Section 805.7 Town Council Decision.
The Town Council may issue the special use permit only after having evaluated
an application and having determined that:
A. The proposed development will not materially endanger the public
health or safety if located where proposed and developed according to
plan; and
B. The proposed development meets all required conditions and
specifications; and
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C. The proposed development will not substantially injure the value of the
adjoining or abutting property unless it is a public necessity; and
D. The location and character of the use, if developed according to the
plan as submitted and approved, will be in harmony with the area in which
it is to be located and will be in general conformity with the Town of
Granite Falls Land Development Plan.
The applicant has the burden of producing competent material and substantial
evidence tending to establish the facts and conditions. If any person submits
evidence allegedly contrary to any of the facts or conditions listed in this
Ordinance, the burden of proof for overcoming such evidence shall rest with the
applicant.
In approving a petition for a Special Use Permit, the Town Council may attach
fair and reasonable conditions. Any such conditions shall relate to the relationship
of the proposed use to surrounding property, proposed support facilities such as
parking areas and driveways, pedestrian and vehicular circulation systems,
screening and landscaping areas, the timing
of development, street and right-of-way improvements, water and sewer
improvements; storm water drainage, the provision of open space, and other
matters that the Town Council may find appropriate or the applicant may propose.
Such conditions to approval of the Special Use Permit may include dedication of
rights -of -way or easements for streets, water, sewer, or other public utilities
necessary to serve the proposed development. The petitioner shall have a
reasonable opportunity to consider and respond to any such conditions prior to
final action by the Town Council.
Section 805.8 Effect of Approval.
If an application for a Special Use Permit is approved under this process, the
approved Special Use Permit, and all conditions which may have been attached to
the approval are binding on the property as an amendment to these regulations.
All subsequent development and use of the property shall be in accordance with
the standards for the approved Special Use Permit, and all conditions attached to
the approval. Following the approval of the application for a Special Use Permit,
the subject property shall be identified on the Zoning Map by the appropriate
symbol which recognizes that a Special Use Permit has been issued for the subject
property.
Section 805.9 Alterations to Approval.
Changes to the approved application or to the conditions attached to the approval
shall follow the same procedures as initial approval of the Special Use Permit.
Any Special Use Permit so authorized shall be perpetually binding to the property
included in such permit unless subsequently changed or amended by the Town
Council. However, minor changes in the detail of the approved plan which (1)
will not alter the basic relationship of the proposed development to adjacent
property, and (2) will not alter the uses permitted or increase the density or
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intensity of development, and (3) will not decrease the off-street parking ratio or
reduce the yards provided at the periphery of the site may be made with the
approval of the Town Planner on a one time basis only. Such increase in building
size may thereby take place provided the increase does not exceed 10% of the
existing floor area on the site or 1,000 square feet of gross floor area on the entire
site, whichever is less; and provided such building, when expanded, shall lie no
closer than fifty (50) feet from any adjoining lot which lies in a residential district.
Section 805.10 Revocation of Approval of Special Use Permit.
It is intended that a Special Use Permit be issued only in light of firm plans to
develop the property. Therefore, after the date of approval of the Special Use
Permit, the Town Planner shall periodically examine the progress made toward
developing the property in accordance with the approved application and any
conditions attached to the approval. If the Town Planner determines that a
building permit has not been secured within one (1) year (unless a greater time
period was listed as one of the conditions contained in the Town Council's
approval) following the date of the approval of the Special Use Permit or that a
building permit has been secured but has since lapsed, the Town Planner shall
notify the applicant of such a finding, and within sixty (60) days of said
notification, the Planning Board shall make a recommendation to the Town
Council. The Town Council, after having conducted a public hearing, may vote to
extend the life of the Special Use Permit or to rescind it.
(Pages 123 Through 130 Are Reserved For Future Use)
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