WSMU_TRIN_Zoning Ordinance_20221114

TABLE OF CONTENTS
(Amended: 11.14.22)
Trinity Zoning Ordinance
Page
Article I Short Title,Authority,and Effective Date...................................................1-1
Sec. 1-1 Short Title....................................................................................................... 1-1
Sec. 1-2 Authority......................................................................................................... 1-1
Sec. 1-3 Effective Date................................................................................................. 1-1
ArticleII Jurisdiction.....................................................................................................2-1
Sec. 2-1 Territorial Application....................................................................................2-1
Sec. 2-2 Bona Fide Farm Uses Exempt........................................................................2-1
Article III Interpretation of Words and Terms............................................................3-1
Sec. 3-1 Interpretation of Commonly used Words and Terms......................................3-1
ArticleIV Definitions......................................................................................................4-1
Article V Application of Regulations...........................................................................5-1
Sec. 5-1 Zoning Affects Every Building and Use.........................................................5-1
Sec. 5-2 Reduction of Lot and Yard Areas Prohibited..................................................5-1
Sec. 5-3 Lot of Record..................................................................................................5-1
Sec. 5-4 Relationship of Building to Lot......................................................................5-1
Sec. 5-5 Required Open Space Not Used for Other Building.......................................5-1
Sec. 5-6 Road Access....................................................................................................5-2
Sec. 5-7 Buildings and Land Used for Permitted Uses.................................................5-2
Article VI Establishment of Districts and District Boundaries...................................6-1
Sec. 6-1 Use District Names.........................................................................................6-1
Sec. 6-2 Official Zoning District Map..........................................................................6-1
Sec. 6-3 Due Consideration Given to District Boundaries...........................................6-1
Sec. 6-4 Rules Governing Interpretation of District Boundaries..................................6-2
Article VII Description and Purposes of Districts.........................................................7-1
Sec. 7-1 RA Residential Agricultural District..............................................................7-1
Sec. 7-2 R-40 Residential District................................................................................7-2
Sec. 7-3 R-20 Residential District................................................................................7-3
Sec. 7-4 R-12 Residential District................................................................................7-4
Sec. 7-5 R-10 Residential District................................................................................ 7-5
Sec. 7-6 Mixed Residential District..............................................................................7-6
Sec. 7-7 Residential Mixed—Urban.............................................................................7-7
Sec. 7-8 O&I Office and Institutional District............................................................ 7-8
Sec. 7-9 HC Highway Commercial..............................................................................7-9
Sec. 7-10 M-1 Heavy Manufacturing District...............................................................7-10
Sec. 7-11 M-2 Light Manufacturing District................................................................7-11
Trinity Zoning Ordinance Table of Contents-i

Sec. 7-12 Overlay District—Establishment and Requirements....................................7-12
A.MHO Manufactured home Overlay District for
Manufactured Home Subdivisions.........................................................7-12
Sec. 7-13 Conditional Zoning.......................................................................................7-12
Sec. 7-14 Permitted Uses in Zoning Districts...............................................................7-14
Table of Permitted Uses................................................................................7-14
Sec. 7-15 Development Standards for Particular Uses—Notes
To Table of Permitted Uses..........................................................................7-22
Article VIII Conditional Zoning and Special Uses..........................................................8-1
Sec. 8-1 Conditional Zoning Objectives and Purposes..............................................8-1
Sec. 8-2 Conditional Zoning Application...................................................................8-1
Sec. 8-3 Conditional Zoning Land Uses....................................................................8-1
Adult Establishments..........................................................................8-2
Alcohol Establishment.......................................................................8-3
Apartments.........................................................................................8-4
AutomobileSales...............................................................................8-6
Condominiums...................................................................................8-7
Electronic Gaming Operations............................................8-11
Manufactured Home Parks.................................................8-13
Nursing Homes,Assisted Living...........................................8-20
Planned Building Groups,Commercial or Industrial.......................8-21
Radio Controlled Race Car Tracks...................................................8-22
Retail and Membership Warehouses Over 25,000 Square feet........8-23
Service Stations,Convenience Stores with Gas Pumps...................8-24
Shooting Range (Outdoor)...............................................................8-25
Social Service Facility,Temporary Stay..........................................8-26
Solar Energy Systems Level 2 (Solar Farms) ..........................8-27
Townhouse Development..................................................8-29
TruckStop...................................................................8-32
Sec. 8-4 Special Uses Objectives and Purposes.....................................................8-33
Sec. 8-5 Special Uses Application..........................................................................8-33
Sec. 8-6 City Council Review;Notice;Action.......................................................8-33
Sec. 8-7 City Council Hearing;Notice;Action......................................................8-34
Sec. 8-8 Conflicts of Interest..................................................................................8-35
Sec. 8-9 Appeal of Decisions .................................................................................8-36
Sec. 8-10 Failure to Comply with Plans or Conditions............................................8-36
Sec. 8-11 Regulations for Special Use Permits........................................................8-37
Athletic Fields, Swim and Tennis Clubs,
Community Centers,Parks and Playgrounds,Campgrounds...........8-37
Automobile Car Wash......................................................................8-38
Bed and Breakfast,Rooming House ................................................8-39
Cemeteries(as a principal use).........................................................8-40
Churches and Religious Congregations with Their
Customary Accessory Uses..............................................................8-41
Day Care Child or Adult,as Principal Use.......................................8-42
Emergency Services.........................................................................8-43
Fairs and Carnivals(including community and nonprofit) ..............8-44
GolfCourses.....................................................................................8-45
Group Care Facility(Group Home) .................................................8-46
Trinity Zoning Ordinance Table of Contents-ii

Junkyards..........................................................................................8-47
Land Clearing& Inert Debris Landfill(Minor)...............................8-48
Land Clearing& Inert Debris Landfill(Major)................................8-49
Manufactured Home,Boat,Travel Trailer,Camper
And Recreational Vehicle Sales and Service ...................................8-50
Mini Warehouses..............................................................................8-51
Public Utility Facilities and Substations...........................................8-52
Recreation Facility ...........................................................................8-53
Reception Facility.............................................................................8-54
Recycling Convenience Site.............................................................8-55
Schools,Elementary or Secondary...................................................8-56
Storage of Above Ground Bulk Oil or Petroleum
For Wholesale or Retail Distribution...............................................8-57
Telecommunications Towers,Radio or Television Towers.............8-58
Veterinary Clinic and Kennels with Outdoor Runs..........................8-59
Article IX Nonconformities............................................................................................9-1
Sec. 9-1 Purpose and Intent..........................................................................................9-1
Sec. 9-2 Nonconforming Lots of Record......................................................................9-1
Sec. 9-3 Nonconforming Uses of Land.........................................................................9-1
Sec. 9-4 Nonconforming uses of Structures..................................................................9-2
Sec. 9-5 Nonconforming Structures..............................................................................9-3
Sec. 9-6 Repairs and Maintenance................................................................................9-3
Sec. 9-7 Nonconformities Created by Changes in Zoning
Boundaries or Regulations..............................................................................9-3
Sec. 9-8 Nonconforming Signs... .................................................................................9-3
Article X Zoning Vested Rights and Development Agreements ............................. 10-1
Sec. 10-1 Vested Right Conferred................................................................................ 10-1
Sec. 10-2 Obtaining A Vested Right............................................................................. 10-1
Sec. 10-3 Term.............................................................................................................. 10-1
Sec. 10-4 Zoning Permit Required................................................................................ 10-1
Sec. 10-5 Application for a Zoning Permit with vested Rights..................................... 10-1
Sec. 10-6 Action by City Council................................................................................. 10-2
Sec. 10-7 Violations...................................................................................................... 10-3
Sec. 10-8 Other Ordinances Apply............................................................................... 10-3
Sec. 10-9 Changes or Amendments.............................................................................. 10-3
Sec. 10-10 Types and Duration of Statutory Vested Rights........................................... 10-3
Sec. 10-11 Annexation Declaration................................................................................ 10-5
Sec. 10-12 Development Agreements............................................................................. 10-5
ArticleX1 Signs............................................................................................................. 11-1
Sec. 11-1 Intent............................................................................................................. 11-1
Sec. 11-2 General Limitations on All Signs.................................................................. 11-2
Sec. 11-3 Prohibited Signs............................................................................................ 11-2
Sec. 11-4 Signs Not Authorized in All Zoning Districts............................................... 11-3
Sec. 11-5 Signs Requiring A Permit............................................................................. 11-4
Sec. 11-6 Permit Application........................................................................................ 11-4
Sec. 11-7 Signs Permitted in Agricultural and Residential Districts............................ 11-5
Trinity Zoning Ordinance Table of Contents-iii

Sec. 11-8 Signs Permitted in O-I,HC,RM-U,M-1 and M-2....................................... 11-6
Sec. 11-9 Temporary Signs........................................................................................... 11-8
Sec.l 1-10 Sign Area and Height Limitations.............................................................. 11-10
Sec. 11-11 Calculating Area and Number.................................................................... 11-10
Sec. 11-12 Nonconforming Signs................................................................................. 11-10
Article XII Area,Yard and Height Requirements...................................................... 12-1
Sec. 12-1 Front yard Averaging.................................................................................... 12-1
Sec. 12-2 Height Limitations........................................................................................ 12-1
Sec. 12-3 Visibility at Intersections.............................................................................. 12-1
Sec. 124 Table of Area,Yard and Height Requirements............................................ 12-2
Sec. 12-5 Open Space Requirement.............................................................................. 124
Article XIH Parking and Transportation...................................................................... 13-1
Sec. 13-1 General Off-Street Parking.Requirements................................................... 13-1
Sec. 13-2 Parking for Unlisted Uses............................................................................. 13-1
Sec. 13-3 Parking Requirements for Change in Use..................................................... 13-1
Sec. 134 Minimum Off-Street Parking Requirements................................................. 13-2
Table 13.4 Off-Street Parking Requirements................................................ 13-2
Sec. 13-5 Off-Street Loading and Unloading Space..................................................... 13-5
Sec. 13-6 Design Standards for Parking Stacking and Loading................................... 13-5
Table 13-6 Parking Spaces Geometric Design Standards............................. 13-5
Sec. 13-7 Alternatives and Incentives........................................................................... 13-8
Sec. 13-8 Sidewalks,Multi-Use Paths,Bike Lanes.................................................... 13-10
Sec. 13-9 Traffic Analysis.......................................................................................... 13-11
Sec 13-10 Curb and Gutter.......................................................................................... 13-11
Sec. 13-11 General Parking Requirements................................................................... 13-11
Article XIV Buffering and Landscaping Requirements............................................... 14-1
Sec. 14-1 Purpose of Buffering Requirements.............................................................. 14-1
Sec. 14-2 Buffering Between Zoning Districts and/or Uses......................................... 14-1
Sec. 14-3 Landscaping for the Business District.......................................................... 14-2
Sec. 14-4 Buffering Between Single Family Housing and
Planned Developments................................................................................. 14-2
Sec. 14-5 Buffering for Off-Street Parking Areas........................................................ 14-2
Sec. 14-6 Protection of Existing Trees and Required Buffer Strips ............................. 14-2
Sec. 14-7 Utility Equipment......................................................................................... 14-3
Sec. 14-8 Maintenance of Buffering............................................................................. 14-3
Sec. 14-9 Documentation and Variances...................................................................... 14-3
Article XV Zoning Administrator,Permits Required and
Enforcement................................................................................................ 15-1
Sec. 15-1 Zoning Administrator................................................................................... 15-1
Sec. 15-2 Duties of Zoning Administrator.................................................................... 15-1
Sec. 15-3 Questions of Enforcement and Interpretation............................................... 15-1
Sec. 15-4 Permits and Required Submissions............................................................... 15-2
Sec. 15-5 Violations...................................................................................................... 15-2
Sec. 15-6 Enforcement Procedure................................................................................. 15-3
Sec. 15-7 Technical Review Committee (TRC)........................................................... 154
Trinity Zoning Ordinance Table of Contents-iv

Sec. 15-8 Staff Conflict of Interest............................................................................... 154
Article XVI Planning Board,Board of Adjustment and
Role of the City Council in Planning......................................................... 16-1
Sec. 16-1 Planning Board............................................................................................. 16-1
Sec. 16-2 Board of Adjustment Created....................................................................... 16-2
Sec. 16-3 Voting........................................................................................................... 16-2
Sec. 164 Procedures of the Board of Adjustment........................................................ 16-2
Sec. 16-5 Appeals from Decisions of the Zoning Administrator.................................. 16-3
Sec. 16-6 Appeal Stays All Proceedings....................................................................... 16-3
Sec. 16-7 Powers and Duties of the Board of Adjustment............................................ 16-3
Sec. 16-8 Variances—Determinations and Findings.................................................... 164
Sec. 16-9 Rehearings.................................................................................................... 16-5
Sec. 16-10 Review by Certiorari..................................................................................... 16-5
Sec. 16-11 Decisions of the Board of Adjustment.......................................................... 16-5
Sec. 16-12 Role of City Council in Planning.................................................................. 16-5
Article XVII Amendments and Changes......................................................................... 17-1
Sec. 17-1 Motion to Amend.......................................................................................... 17-1
Article XVIII Legal Provisions.......................................................................................... 18-1
Sec. 18-1 Interpretation,Purpose and Conflict............................................................. 18-1
Sec. 18-2 Validity......................................................................................................... 18-1
Sec. 18-3 Remedies....................................................................................................... 18-1
Trinity Zoning Ordinance Table of Contents-v

ARTICLE I
SHORT TITLE,AUTHORITY AND EFFECTIVE DATE
Section 1-1. Short Title.
This ordinance shall be known as"The Zoning Ordinance of the City of Trinity,North Carolina,"and the
map referred to which is identified by the title "Official Zoning Map,Trinity,North Carolina," shall be
known as the "Zoning Map."
Section 1-2 Authority
Pursuant to authority granted by Chapter 160D of the General Statutes of North Carolina, and for the
purpose of promoting the public health, safety,morals and general welfare;promoting the orderly
development of the community; lessening congestion in the roads and streets; securing safety from fire,
panic,and other dangers;providing adequate light and air;preventing the overcrowding of land;avoiding
undue concentration of population; and facilitating the adequate provision of transportation,water,
sewerage, schools,parks, and other public requirements,all in accordance with a reasonably maintained
comprehensive plan pursuant to NCGS 160D-501.
Section 1-3. Effective Date.
This ordinance shall take effect and be in force from and after its passage and adoption and repeals all
prior ordinances or portions of ordinances in conflict herewith.
Duly adopted by the City Council of the City of Trinity, State of North Carolina,on this the day
of
ATTEST:
City Clerk Mayor
Trinity Zoning Ordinance Page 1-1

ARTICLE II
JURISDICTION
Section 2-1. Territorial Application.
The provisions of this ordinance shall apply within the corporate limits of the City of Trinity and within
any area abutting to the City limits within which the City may exercise extraterritorial jurisdiction.
Section 2-2. Bona Fide Farm Uses Exempt.
The provisions of this ordinance shall not apply to bona fide farm uses. Bona fide farm purposes
include production and activities relating to or incidental to production of crops,fruits,vegetables,
ornamental and flowering plants,dairy,livestock,poultry and all other forms of agricultural products
having a domestic or foreign market. (See NCGSNCGS 160D Article 7)
This ordinance does not exercise any controls over crop lands,timber lands,pasture lands,idle or other
farmlands,nor over any farmhouse,barn,poultry house,or other farm buildings,including tenant or other
houses for persons working on said farms,as long as such houses shall be in the same ownership as the
farm and located on the farm.
Property that is in a city's extraterritorial planning and development regulation jurisdiction and that is
used for bona fide farm purposes is exempt from the city's zoning regulation to the same extent bona fide
farming activities are exempt from county zoning pursuant to 160D-903(c).For purposes of complying
with State or federal law,property that is exempt from municipal zoning pursuant to this subsection is
subject to the county's floodplain regulation or all floodplain regulation provisions of the county's unified
development ordinance.
Trinity Zoning Ordinance Page 2-1

ARTICLE III
INTERPRETATION OF WORDS AND TERMS
For the purpose of interpreting this Ordinance,certain words and terms are herein defined. The following
words shall,for the purpose of this Ordinance have the meaning herein indicated.
Section 3-1. Interpretation of Commonly Uses Terms& Words.
A) Words used in the present tense include the future tense.
B) Words used in the singular number include the plural, and words used in the plural number
include the singular,unless the natural construction of the wording indicates otherwise.
C) The word"person"includes a firm,association,corporation,trust and company,as well as an
individual.
D) The words"used for"shall include the meaning"designed for."
E) The word"structure" shall include the word"buildings" and the word"sign."
F) The word"lot"shall include the words"plot,""parcel,"or"tract."
G) The word"shall" is always mandatory and not merely directory.
Trinity Zoning Ordinance Page 3-1

ARTICLE IV
DEFINITIONS
NOTE: Definitions in the Flood Damage Prevention Ordinance are not included in this section,as they
are defined in the Code of Federal Regulations and may vary from these definitions adopted by the
Trinity City Council for interpretation of the zoning, subdivision, and storm water ordinances.
Abutting: For purpose of notice for required legislative and quasi-judicial hearings,"abutting"means
properties that have common,adjacent property boundaries or lot lines as well as properties separated
from the subject property by street,railroad,or any other transportation corridors. (G.S. 160D-602)
Access Lot: A lot having lake or river frontage and road frontage which offers lake frontage and/or lake
access to those lots not having direct lake frontage within a lake front subdivision.
Access Corridors: A strip of land lying between the side lot boundary lines of lake front lots offering
access to lots one lot depth away from the water's edge.
Accessory Use: A use customarily incidental and subordinate to the principal use or building and location
on the same lot with such principal use or building. Accessory buildings are not permitted on lots absent a
principal structure.
Adult Day Care: Relating to or providing supervision and facilities for senior adult persons primarily
during the day. Care may include,but not be limited to,recreational activities,food preparation/dining,
orthopedic exercise and physical therapy.
Adult Establishment: The definition of"adult establishments" for purposes of this ordinance shall be
consistent with Chapter 14,Article 26A of the N.C. General Statutes as currently written or hereafter
amended. Adult establishments include adult bookstores, adult motion picture theaters,adult mini motion
pictures,adult live entertainment business and massage businesses as those terms are defined by G.S.14-
202.10, and adult motels and adult cabarets.Also included in this definition is any establishments that
does not allow people under the age of 18 to enter.This includes all establishments that do not allow
people under the age of 18 without parental signature and is not specifically mentioned anywhere else in
this ordinance.
"Adult motel" is defined as a hotel,motel or similar commercial establishment that: (a)offers
accommodations to the public for any form of consideration;provides patrons with closed-circuit
television transmissions,films,motion pictures,video cassettes, slides or other photographic
reproductions that depict or describe "specified sexual activities," or"specified anatomical areas" as
one of its principal business purposes;or(b)offers a sleeping room for rent for a period of time that
is less than ten hours; or(c)allows a tenant or occupant of a sleeping room to subagent the room for
a period of time that is less than ten hours.
"Adult Cabaret" is defined as a nightclub,bar,restaurant or other commercial establishment that
regularly features,exhibits or displays as one of its principal business purposes: (a)persons who
appear nude or semi-nude,or(b)live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities," or(c)films,motion pictures,video
cassettes, slides or other photographic reproductions which depict or describe "specified anatomical
areas."
Trinity Zoning Ordinance Page 4-1

Adult Motion Picture Theater: An enclosed building or outdoor premises used for presenting
motion pictures, a preponderance of which are distinguished or characterized by an emphasis on
matter depicting,describing,or relating to sexual activities or anatomical areas.Adult Video/Book
Store: A video/book store: a.which receives a majority of its gross income during any calendar year
from the sale or rental of publications which are distinguished or characterized by their emphasis on
matter depicting,describing or relating to sexual activities or anatomical area,or b.having a
preponderance of its publications,books,magazines and other periodicals which are distinguished
or characterized by their emphasis on matter depicting or relating to sexual activities or anatomical
areas.
Alcohol Establishment: A business operated for the primary function of serving alcoholic beverages for
consumption on the premises. The establishment may also serve food or have entertainment. For
defining an alcohol establishment, sales from all types of alcohol(beer,wine,liquor)will exceed 50% of
gross sales. Also referred to as bar,pub,tavern,brewpub,night lounge,beer garden,roadhouse,cocktail
lounge,cigar lounge, saloon,ale house,cafe,or wine bar.
All-Weather Walkway: A walkway dedicated to pedestrian access that has a width of at least four feet
and includes a paved,all-weather surface(excluding gravel or cinders)that is graded and configured to
ensure safe pedestrian movement.
Alley: A roadway which affords only a secondary means of access to abutting properly.
Alterations: The word "alteration" shall include any of the following:
a. Any addition to the height or depth of a building.
b. Any change in the location of any of the exterior walls of a building.
c. Any increase in the interior accommodations of a building.
Animated Signs: Any sign that uses or light or any other material to make it appear to move or have life
in the display.
Apartment: A room or suite of one (1)or more rooms in a multi-family residence(three or more
dwelling units)intended for use as a place of residence of a single-family or a group of individuals living
together as a single housekeeping unit.
Automobile Body Shop: An auto body shop repairs damage to the exterior and non-moving parts.
• Restores vehicles after minor or major collisions
• Repairs dents in the sheet metal
• Restores paint and repaints to match factory colors
• Replaces bumpers,damaged body panels, and other components that are not part of the engine
• Repairs or replaces glass
Automobile Repair Shop: An auto repair shop performs regular maintenance and repairs moving parts.
• Replaces brakes
• Replaces other parts that wear out with during normal driving
• Performs oil changes
• Repair's engine components that wear out or become damaged during use
• Repairs other moving components of the vehicle
Trinity Zoning Ordinance Page 4-2

Automobile Service Station: A building or structure or where gasoline or other fuel, stored in tanks,is
dispensed directly to motor vehicle users. The following activities are included as accessory uses to a
service station: dispensing oil,grease,antifreeze,tires,batteries, and automobile accessories directly to
motor vehicle users;tuning motors,minor wheel and brake adjustment,waxing and polishing and other
minor servicing and repair to the extent of installation of the items listed above;and washing of
automobiles.All other activities shall be prohibited,including,but not limited to,upholstering work,auto
glass work,painting,welding,tire recapping, storage of automobiles not in operating condition,auto
dismantling and auto sales.
Banners: A long strip of flexible material displaying a slogan,advertisement,etc. The material is
suspended in the air by 2 to 4 points.A banner shall have no tears,be folded,or touching the ground.
Bed and Breakfast(Tourist Home): Any dwelling occupied by the owner or operator in which rooms
are rented for lodging of travelers for compensation.
Board of Adjustment: The City Council will act as a quasi-judicial board empowered to hear appeals
from decisions of the Zoning Administrator and grant variances under the Zoning Ordinance, and to grant
minor variances from provisions of the Stormwater Ordinance.
Bona Fide Farm -Bona fide farm purposes include production and activities relating to or incidental to
production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry andall
other forms of agricultural products having a domestic or foreign market.
Buffer(and screen): A horizontal distance between uses that provides a functional and visual separation.
Buffer strip: A solid fence or wall,or a planted strip at least ten(10)feet in width composed of living
deciduous and/or evergreen trees spaced not more than ten(10)feet apart, and not less than one (1)row of
dense,living evergreen shrubs spaced not more than five (5)feet apart,which shall be established and
maintained in perpetuity by the owner of property when a buffer is required under this ordinance.
Building: Any structure used or intended for supporting or sheltering any use or occupancy.
Building
Accessory: A subordinate building,whose use is incidental to that of a principal building on the same lot.
Principal: The building in which the lot's principal use is conducted.
Building Setback Line: A line establishing the minimum allowable distance between the main portion of
any building and the street or highway right-of-way line when measured perpendicularly thereto. Covered
porches,patios and carports,whether enclosed or unenclosed, shall be considered as a part of the main
building and shall not project into the required yard.
Cemetery: A place for burial of the dead.A cemetery can be a combination of one or more of the
following,in a place used or to be used and dedicated or designated for such purposes:
I. a burial park for earth interment.
ii. a mausoleum for burial above the ground.
iii. a columbarium,a structure substantially above the ground,for interment of the cremated
remains of a deceased person.
Trinity Zoning Ordinance Page 4-3

Certificate of Occupancy: A statement, signed by an administrative officer,setting forth that the
building, structure or use compiles with this ordinance and that the same may be used for the purposes
stated therein.
Clerk of Superior Court: Clerk of Superior Court of Randolph County,North Carolina.
Concrete Monuments: Concrete monuments shall be as described on page 20 of the Manual of Practice
for Land Surveying,with the exception that they may have a 611-center steel pin extending 1/21'above
the surface of the top of the monument.At least one monument in the boundary of each subdivision
should contain a metal plat.
Conditional Zoning: A legislative zoning map amendment with site-specific conditions incorporated into
the zoning map amendment(G.S. 160D-102(7))
Condominium Development: Two or more single units in a multi-unit structure with common areas and
facilities on one tract of land.Unit owners own only the interior portion or their unit and accessory space
and have an undivided interest in the common areas and facilities. Residential condominiums are
considered multi-family developments
Dedication: A gift,by the owner,of his property to another party without any consideration being given
for the transfer. Since a transfer of property is involved,the dedication is made by written instrument and
is completed with an acceptance.
Driveway: An access,with no specified development standards,to a single lot from either a public or
private roadway.
Dwelling Unit: A single unit providing complete,independent living facilities for one or more persons,
including permanent provisions for living, sleeping,eating,cooking,and sanitation.
Dwelling, Single Family: A detached building containing one dwelling unit.
Dwelling, Two Family: A detached building containing two dwelling units.
Dwelling,Multi-Family: A building containing three or more dwelling units.
Electronic Changeable Copy Sign: Any sign on which the copy changes automatically on a lamp bank,
such that the message or display does not run continuously in the travel mode and any message or display
remains stationary for a minimum of five seconds.Any sign on which the message or display runs
continuously in the travel mode and/or on which any message or display does not remain stationary for a
minimum of five seconds shall be considered a flashing sign.
Electronic Gaming Operations: Any business enterprise,as a principal use,where persons utilize
electronic machines,including,but not limited to computers and gaming terminals,to conduct games
including but not limited to sweepstakes, and where cash,merchandise,or other items of value are
redeemed or otherwise distributed,whether the value of such distribution is determined by electronic
games or by predetermined odds. Electronic gaming operations may include,but are not limited to,
internet cafes,internet sweepstakes,electronic gaming/machine operations,or cybercafes otherwise
meeting the preceding definition. This definition does not include any lottery endorsed, approved,or
sponsored by the State of North Carolina.
Evidentiary Hearing: A hearing to gather competent,material, and substantial evidence to make
findings for a quasi-judicial decision required by a development ordinance or regulation adopted under
G.S. 1601). (G.S.160D-102(16)
Trinity Zoning Ordinance Page 4-4

Family: Any number of related persons living together as a single housekeeping unit.
Family Care Home: A home defined and described in Article 3 of NCGS 168 as having support and
supervisory personnel,that provides room and board,personal care and habitation services in a family
environment for not more than six resident handicapped persons.A handicapped person is defined as
person with a temporary or permanent physical emotional or mental disability including but not limited to
mental retardation,cerebral palsy,epilepsy,autism,hearing and sight impairments,emotional
disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to
others as defined in NCGS 122-582(1)(b).
Fence: An outdoor structure placed around all or part of a parcel of land constructed of masonry,metal,
plastic,or wood which provides either a physical barrier or visual screen.
Fence,Temporary: Any temporary fencing on,in,or around a construction site shall be installed to keep
erosion from leaving the site. Temporary fencing shall not remain in place longer than is necessary to
perform its function. Common forms of temporary fencing include plastic silt fences,panels constructed
steel or wire,or any fence deemed temporary by the City of Trinity Planning Director. If no construction
is being performed on the site after 15 days,the temporary fence shall be removed. Temporary fencing is
not permitted as permanent fencing.
Flashing Sign: Any sign which gives off light in intermittent bursts at a rate that is faster than 5 seconds.
Flea Market: Sales area(indoors or outdoors) in which space is set aside or rented,and which is intended
for use by one or more individuals to sell a variety of articles such as those which are either homemade,
handcrafted,used,old or obsolete.
Foot-candle: A quantitative unit measuring the amount of light cast onto a given point,measured as one
(1)lumen per square foot.
Frontage: All the property abutting on one (1) side of a street between two (2)intersecting streets,
measured along the street line.
Garage,Private: An accessory structure used for storage,primarily of motor vehicles.
Garage,Repair: A garage in which machinery operated by mechanical power is installed which is
designed for making major repairs to motor vehicles.
Governmental Services:
1. City Owned and/or Operated Facilities and Services: Land,government offices,buildings,
structures, and other facilities owned and/or operated by the City for providing typical and
customary governmental services. Such services may or may not be delivered directly at the
same site on which the buildings and facilities are located. Related activities and structures
(above or below ground)typically associated with these uses and accessory to their operation
include,but are not to,offices,utility facilities,indoor/outdoor storage, and parking.
Greenways: A series of independent and interconnected paths, officially designated by the City,that will
allow bikers,walkers,joggers, etc.,to go from one area of the City to another without driving their car or
using City roads or streets.
Trinity Zoning Ordinance Page 4-5

Gross Floor Area: The interior floor area of a building exclusive of stairways, storage,closets, and
elevators shafts.
Group Home: A residential facility for not more than 12 persons licensed by the State of North Carolina,
by whatever name it is called(e.g. domiciliary home,home for the aged,rest home,etc.)other than a
"family care home" as defined by this ordinance,which has support and supervisory personnel and which
provides room,board and personal care in a family or group setting. Refer to NCGS 131 D-2.
Guest Home(Tourist Home): Any dwelling occupied by the owner or operator in which rooms are
rented for lodging or transients and travelers for compensation.
Home Occupation: Any use conducted entirely within a dwelling and carried on by the occupants thereof
which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not
change the character thereof, and in connection with which there is no display and no more than one (1)
person,not a resident on the premises,is employed specifically in connection with the home occupation.A
home occupation shall comply with the following criteria:
• It shall occupy no more than 25%percent of the gross floor area of a dwelling unit.
• No outside storage or display of items associated with the home occupation is
permitted.
• Signage identifying a home occupation may not be illuminated is limited to one wall
or one freestanding sign per zoning lot and a maximum display surface of four(4)
square feet.A permit is required as provided by Article 11 Signs.
• The home occupation must be conducted entirely within a dwelling unit.
• Only one person may be employed who is not an occupant of the residence.
• Activities shall not generate traffic,parking,noise,odors,or electrical interference
beyond what normally occurs in the zoning district.
• Instruction in music,dancing,art or similar subjects shall be limited to no more than
five
(5)students at one time.
• Permitted home occupations include,but are not limited to: typing services,telephone
sales,barber/beauty services,doctor/dentist office,architects,accountants,music and
art lessons, state licensed family day care (5 or fewer persons),food catering, and
handcrafting,etc.
Hotel and Motel: A building,or other structure which is used,kept maintained,advertised as or held out
to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent
guests or tenants,in which ten(10)or more rooms are furnished for the accommodation of such guests;
and having or not having one (1)or more dining rooms,restaurants,or cafes where meals or lunches are
served to such transients or permanent guests, such sleeping accommodations and dining rooms,
restaurants,or cafes,if existing,being conducted in the same building or buildings in connection
therewith.
Impervious Area: Is a surface composed of any material that impedes or prevents natural infiltration of
water into the soil. Impervious surfaces may include,but are not limited to roofs, streets,parking areas,
tennis courts,driveways,patios, sidewalks,or any concrete,asphalt or compacted gravel surface.Public
roads are excluded from computations of impervious area.
Indoor Shooting Range: Facility that's primary reason is the shooting of firearms,bows, and cross-bows
at,or in conjunction with,both for-profit and non-profit facilities. It does not include incidental target
practice by individuals on private property.
Trinity Zoning Ordinance Page 4-6

• Shall conform to NRA Guidelines,The National Institute of Building Sciences for
Firing Ranges, and the Department of Energy Range Design Criteria.
Junked Motor Vehicle: A motor vehicle that is partially dismantled or wrecked cannot be self-propelled
or moved in the manner originally intended and does not display a current license plate.
Junkyard: The use of more than six hundred(600) square feet of any lot for the storage of junk(as
defined below)for more than 15 days,including scrap metals or other scrap materials or the dismantling
or abandonment of automobiles or other vehicles or machinery.
"Junkyard" shall also include the term"automobile graveyard"as defined in NCGS136-143(1)or
hereafter amended: Any establishment or place of business which is maintained,used,or operated for
storing,keeping,buying or selling wrecked, scrapped,ruined,or dismantled motor vehicles or motor
vehicle parts.Any establishment or place of business upon which six(6)or more unlicensed,used motor
vehicles which cannot be operated under their own power are kept or stored for a period of fifteen days or
more.
The term`junk"shall mean old scrap copper,brass,rope,rags,batteries,paper,trash,rubber,debris,waste,
or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old scrap ferrous or
nonferrous material.
Landfill-Land Clearing and Inert Debris (LCID): A disposal site for stumps, limbs, leaves, concrete,
brick, untreated wood and uncontaminated earth. Disposal of any other types of wastes must be approved
by the State Division of Solid Waste Management.
Land Development Plan: A long range plan for the desirable use of land in Trinity which has been
adopted by the Trinity City Council.The purpose of the plan is to serve as a guide in the zoning of land,
in the subdividing and use of undeveloped land,and in the acquisition of rights-of-way or sites for public
purposes such as parks,public buildings, streets.
Landfill,Sanitary: A place where trash and garbage are disposed of by compacting and covering with
earth at the end of each day of operation.
Lot: A parcel of land occupied or capable of being occupied by a building or group of buildings devoted
to a common use,together with the customary accessories and open spaces belonging to the same and
which is intended as a unit for transfer of ownership. The word "lot" includes the words "peat" or
"parcel."
Corner Lot: A lot abutting upon two streets at their intersections. The street line forming the
least frontage shall be deemed the front of the lot.
Double-Frontage Lot: A continuous(through)lot which is accessible from both of the parallel
street upon which it fronts.
Lot Depth: The depth of a lot is the mean distance of the lines of the lot measured from the
midpoint of the front lot line to the midpoint of the rear lot line.
Lot Front: That part of the lot abutting to the street or land access.
Lot of Record: A lot,which is part of a subdivision,a plat of which has been recorded in the
office of the Register of Deeds of Randolph County,or a lot described by metes and bounds,
the description of which has been so recorded.
Trinity Zoning Ordinance Page 4-7

Lot Width: The distance between side lot lines measures at the building setback line.
Reverse Frontage Lot: A continuous (through)lot which is accessible from only one of the
parallel streets upon which it fronts.
Major Arterials,Roads,and Highways: Major arterials,roads, and highways are those public streets
and highways designated,or hereafter designated,as major streets and highways on a major Thoroughfare
Plan for the County,approved by the North Carolina Department of Transportation,or that may hereafter
be approved by the North Carolina Department of Transportation.
Manufactured Home(also known as a mobile home):A residential dwelling unit,built to HUD
Standards,designed for transportation after fabrication on its own wheels or on flatbeds,or other trailers,
and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy
except for minor unpacking and assembly operations.Travel trailers and campers shall not be considered
mobile homes.
Manufactured Home,Class A: A manufactured home constructed after July 1, 1976,that
meets or exceeds the construction standards promulgated by the U.S. Department of Housing
and,Urban Development that were in effect at the time of construction and that satisfies the
following additional criteria:
(a) The manufactured home has a length not exceeding four times its width(e.g. a
"doublewide"unit); and
(b) The pitch of the manufactured home's roof has a minimum vertical rise of two and two
tenths' feet for each twelve feet of horizontal run(2.2 ft: 12 ft) and the roof is finished
with shingles; and
(c) The exterior siding consists predominately of vinyl or aluminum horizontal lap siding,
wood,or hardboard; and
(d) A continuous,permanent masonry foundation,unpierced except for ventilation and
access is installed under the manufactured home; and
(e) The tongue,axles,removable towing apparatus,and transporting lights are removed
after final placement on the site.
Manufactured Home,Class B: A manufactured home'constructed after July 1, 1976,that
meets or exceeds the standards promulgated by the U.S. Department of Housing and Urban
Development that were in effect at the time of construction,but which does not meet the
definition of a Class A manufactured home.
Manufactured Home, Class C: A manufactured home that does not meet the definition of
either a Class A or a Class B manufactured home.
Manufactured Home Park: A plot of ground, under unified control, which has been planned or
improved for the placement of three or more manufactured homes for dwelling or sleeping purposes,
regardless of whether a charge is made for the unit or the land. This definition shall not include
manufactured home sales lots.
Manufactured Home Space: The land in a manufactured home park allotted to or designed for
accommodation of one (1)manufactured home.
Modular Home. -A factory-built structure that is designed to be used as a dwelling,is manufactured in
accordance with the specifications for modular homes under the North Carolina State Residential
Building Code,and bears a seal or label issued by the Department of Insurance pursuant to NCGS 143-
Trinity Zoning Ordinance Page 4-8

139.1.
To qualify for a North Carolina State Residential Building Code label or seal,a single-family modular
home must meet or exceed the following construction and design standards identified in NCGS143-139.1,
or as hereafter amended:
I. Roof pitch. -For homes with a single predominant roofline,the pitch of the roof shall
be no less than five feet rise for every 12 feet of run.
2. Eave projection. -The cave projections of the roof shall be no less than 10 inches,
which may not include a gutter around the perimeter of the home,unless the roof pitch
is 8/12 or greater.
3. Exterior wall. -The minimum height of the exterior wall shall be at least seven feet six
inches for the first story.
4. Siding and roofing materials. -The materials and texture for the exterior materials
shall be compatible in composition,appearance, and durability to the exterior materials
commonly used in standard residential construction.
5. Foundations. -The home shall be designed to require foundation supports around the
perimeter.The supports may be in the form of piers,pier and curtain wall,piling
foundations,a perimeter wall,or other approved perimeter supports.
Modular Home, Conventional: A factory-built structure which is constructed in accordance
with the North Carolina State Building Code with wood frame construction and set-up on a
brick foundation.
Modular Home, On-Frame: A factory-built structure which is constructed in accordance with
the North Carolina State Building Code on a metal frame and is set-up on block piers with
brick underpinning.
NPDES Phase II Stormwater Program—The storm water program implemented by the City of Trinity
in compliance with the City of Trinity's"PERMIT NO.NCS000502 TO DISCHARGE STORMWATER
UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM",as issued by the
State of North Carolina Department of Environment and Natural Resources,Division of Water Quality,
effective October 1,2005,as may be re-issued from time to time.
Nonconforming Use: A structure or land lawfully occupied by an existing use which does not conform
with the permitted uses for the zoning district in which it is situated,either at the effective date of this
ordinance,or as a result of subsequent amendments to this ordinance.
Obstruction: Any structure,growth,or other object,including a mobile object,which exceeds a limiting
height set forth in this Ordinance.
Open Space: The land used for active or passive recreation,natural resource protection, amenities and/or
buffer yards. Open space may include, but is not limited to, walkways, passive recreation areas, active
recreation areas,playgrounds,wooded areas,greenways and water courses.
Parking Space: A surfaced area not less than nine (9)feet wide and eighteen(18)feet long either within
a structure or in the open,exclusive of driveways or access drives.
Planned Building Group: An area of land under unified control;developed for business,commercial or
industrial uses; consisting of one or more principal structures or buildings and accessory structures or
buildings on a plot not subdivided into customary streets or lots.
Planned Unit Development: An unconventional subdivision of land not subsequently subdivided into
Trinity Zoning Ordinance Page 4-9

conventional streets and lots and designated for ownership by separate property owners.A PUD may
include within it a variety of forms of residential occupancy and ownership such as single-family
detached housing, single family attached housing and some multifamily units. Significant areas of
common properties which may include open space or private streets are owned and maintained by private
ownership associations.
Planning Board: The City of Trinity Planning Board appointed by the City Council to carry out the
duties set forth in NCGS 160D-301.
Quasi-judicial Decision:A decision made after an evidentiary hearing to gather competent,material,and
substantial evidence to make findings of facts regarding a specific application of a development
regulation. A quasi-judicial decision requires the exercise of discretion when applying the standards of the
regulation. Quasi-judicial decisions include but are not limited to variances,special use permits,
certificates of appropriateness,and appeals of administrative determinations as provided in G.S. 160D-
102(28).
Residence: Any building,or portion thereof,which is designed for living and/or sleeping purposes.The
term "residence" shall not be deemed to include a hotel,motel,tourist home,or other building designed
for transient residence.Neither shall it include travel trailers,campers,motor homes,nor other vehicles
designed for transient residence. The term "residence" shall include the term "dwelling unit."
Road,Private: A vehicular right-of-way indicated on an approved survey plat and recorded in the Office
of the Register of Deeds intended to serve residential subdivision of lots or tracts and not offered for
dedication as a public road.Private roads shall require a subdivision road disclosure statement in
accordance with NCGS 136-102.6, shall be privately maintained and meet the design standards for private
roads in the Trinity Subdivision Ordinance.
Reception House: A single family dwelling where a portion of the dwelling is available for receptions
and other similar private functions.Meals may only be served to guests of receptions and other private
functions.For purposes of this definition a private function means a pre=planned,organized social event
for which one host of hostess is responsible. It has a defined beginning and ending times and is a
celebration of a specific event such as a wedding,high school or college graduation,corporate event or a
reception honoring a special person.
Recreational Vehicle Parks: Means any site,lot,field,or tract of land designed with facilities for short-
term occupancy by recreational vehicles and or tiny homes only. Recreational vehicle parks and/or tiny
home parks are prohibited inside the City of Trinity municipal limits.
Recycling Processing Facility: Includes uses engaged in the processing, sorting,assembly,breaking up,
temporary storage and distribution of recyclables or reusable scrap and waste materials.The dismantling
of junk vehicles or otherwise not capable of operating under their own power is not a permitted use.All
recycling, scrap, storage and dismantling must be within an enclosed building. This use does not include
landfills or other waste disposal sites.
Reservation: A reservation of land does not involve any transfer of property rights. It simply constitutes
an obligation to keep property free from development for a stated period of time.
Rooming House: A building which contains more than three (3),but fewer than ten (10) guest rooms
which are let to individuals for compensation.
Trinity Zoning Ordinance Page 4-10

Rotating Sign: Any sign or portion of a sign that turns around on an axis or center.
Scenic Corridor Plan: A site plan that describes unique qualities,conditions,boundaries,and
requirements of a road corridor that creates a visually pleasing impression.
Septage: As defined by NCGS 130A-29002 meaning solid waste that is a fluid mixture of untreated and
partially treated sewage solids, liquids, and sludge of human or domestic origin which is removed from a
septic tank system.
Septage Land Application Site: As regulated under the State requirements set forth in NCGS
130A-291.1;NC, Septage Management Rules, and meaning the area of land on which septage
is applied.
Sewage Disposal System: An approved sewage disposal system which, depending upon ownership
and/or capacity may be:
a. a municipal system
b. a"community" system designed for surface discharge and/or a 300+gallon
capacity(approved by the authorized State agency)
c. a small capacity underground collection system(approved by the Randolph
County Health Department)
Shooting Range: The term"shooting range" shall mean an establishment or place either indoors or
outdoors,used for the discharge of firearms at targets that is available to the public,individual property
owners and their guests and/or law enforcement personnel and other governmental employees.An
establishment that is open to the public or private,used on a regular basis(12 or more times per year or
where operation continues for more than two(2)weeks)and operated for profit,private or non-profit use
shall be deemed to be a shooting range within the meaning of this Ordinance.
Sign: Any words,lettering,parts of letters,pictures,figures,numerals,phrases, sentences,emblems,
devices,design,names,trade names,trademarks,identification,description,display which is affixed to,
painted,or represented directly or indirectly,upon a building,or other outdoor surface,or surface visible
from outside of a building,which directs attention to or is designed or intended to direct attention to the
sign, sign face or to an object,product,place,activity,person,institution,organization or business.
Signs located completely within an enclosed building, and not exposed to view from a street, are
not considered to be signs. Each display surface of a sign or sign face is a sign.
Sign Area: The space enclosed within the extreme edges of the sign for each sign face,
not including the supporting structure or where attached directly to a building wall or
surface, the space within the outline is enclosing all the characters of the words,
numbers or design. In computing area,only one (1) side of a double-faced sign shall be
considered.
Sign,Animated: Any sign that uses or light or any other material to make it appear to move,
flash or have life in the display,including signs on which the message or display runs
continuously in the travel mode and/or on which any message or display does not remain
stationary for a minimum of five seconds.
Sign,Announcement: Any sign that lets the public know a new residential subdivision or
commercial property has vacant land that has been approved by the City of Trinity to be built
Trinity Zoning Ordinance Page 4-11

on.
Sign,Banner: A long strip of flexible material displaying a slogan,advertisement,etc. The
material is suspended in the air by 2 to 4 points.A banner shall have no tears,be folded,or
touching the ground.
Sign,Billboard: Signs regulated under N.C. Gen. Stat. Chapter 136 Transportation,Art. 11.
Outdoor Advertising Control Act including electronic changeable copy signs. These signs are
also known as outdoor advertising signs.N.C. Gen. Stat. Ann. § 136-128 (3) defines it this
way: ""Outdoor advertising"means any outdoor sign, display, light, device, figure,
painting, drawing,message,plaque,poster, billboard, or any other thing which is
designed, intended or used to advertise or inform, any part of the advertising or
information contents of which is visible from any place on the main-traveled way of the
interstate or primary system,whether the same be permanent or portable installation."
Sign,Freestanding: a sign attached to, erected on, or supported by a freestanding frame, mast
pole or structure whose primary function is to support a sign and which is not itself attached to
any building and including ground-mounted or monument signs.
Sign, Government.A government sign is a sign that is constructed,placed or
maintained by the federal, state or local government or a sign that is required to be
constructed, placed or maintained by the federal, state or local government either
directly or to enforce a property owner's rights.
Sign,Electronic Changeable Copy: Any sign on which the copy changes automatically
on a lamp bank, such that the message or display does not run continuously in the
travel mode and any message or display remains stationary for a minimum of five
seconds. This definition includes digital billboards.
Information Sign (in reference to a subdivision): An information sign for a subdivision
helps give guidance to the public on which parcels within a subdivision are still for sale
and which have not been built on. They can also contain general information for the
entire subdivision such as general cost for each lot, covenants, etc... These signs are
usually placed at a model home.
Sign,Marquee/Awning: A sign attached to and hanging under a canopy,marquee or awning.
Sign,Off-Premise: A Sign that advertises goods,products or services which are not sold
manufactured or distributed on or from the premises or facilities on which the sign is located.
Sign,Projecting: A sign attached to and supported by a building and extending beyond the
building to which it is attached at a right angle.
Sign,Political: Any sign that advocates for political action.This does not include a
commercial sign. (NC Gen Stat § 136-32(c))
Sign, Sandwich: A temporary sign not secured or attached to the ground or any building or
structure,composed of a sign panel and supporting structure or one or more panels that form
both the structure and sign face,and that is intended to be placed in a sidewalk or pedestrian
Trinity Zoning Ordinance Page 4-12

way.
Sign, Snipe means any small sign, generally of a temporary nature,made of any
material,when such sign is tacked, nailed, posted, pasted, glued or otherwise attached
to trees,poles, stakes, fences, or other objects not erected, owned and maintained by
the owner of the sign.
Sign,Temporary: A banner,poster,or advertising display constructed of paper,cloth,canvas,
plastic sheet,cardboard,wallboard,plywood,or other like materials and that is intended or
determined by a code official to be displayed for a limited amount of time.
Sign,Wall: A sign attached to or painted on a wall of a building,with the exposed display
surface of the sign in a plane parallel to the plan of the wall to which it is attached or painted,
and including signs affixed to or otherwise displayed on or through a facade window.
Graffiti means any unauthorized inscription,word,figure,painting or other defacement that is
written,marked,etched, scratched, sprayed,drawn,painted,or engraved on or otherwise
affixed to any surface of public or private property by any graffiti implement,to the extent that
the graffiti was not authorized in advance by the owner or occupant of the property,or,despite
advance authorization,is otherwise deemed a public nuisance by the City/County/Town.
Graffiti includes snipe signs.
Graffiti implement means an aerosol paint container,a broad-tipped marker,gum label,paint
stick or graffiti stick,etching equipment,brush or any other device capable of scarring or
leaving a visible mark on any natural or manmade surface.'
Holiday lights or mini lights mean light fixtures that use bulbs that are sized C6,C7,or C9 or
LED bulbs that are 8 min or smaller.
Rope light means a light that has Holiday lights or mini lights inside of a PVC tube.
String lights means a lighting fixture that is composed of electrical wiring encased in plastic
with sockets for bulb placement.
Social Service Facility,Temporary Stay: A residential facility with support and supervisory personnel
that provides temporary room and board,housekeeping,personal care,or rehabilitation services for those
needing emergency services,post-incarceration services,or drug or alcohol rehabilitation assistance (but
not including those with mental illness who are dangerous to others). Examples include homeless shelters,
orphanages, shelters for victims of domestic abuse,crisis centers,halfway houses,and drug and alcohol
treatment facilities.
Solar Energy System (SES): the components and subsystems required to convert solar energy into
electric or thermal energy suitable for use. The area of the system includes all the land inside the
perimeter of the system,which extends to any fencing. The term applies but is not limited to solar
photovoltaic(PV) systems, solar thermal systems, and solar hot water systems.A system fits into one of
three system types: Level 1 SES,Level 2 SES, and Level 3 SES.
Level 1 Solar Energy Systems: Level I SESs include the following:
1. Roof mounted on any compliant structure.
2. Covering paved parking lot and other hardscape or impervious areas.
3. Building integrated solar(ex. Shingle,hanging solar canopy,etc...)
Trinity Zoning Ordinance Page 4-13

4. Ground mounted solar structures over softscape or pervious
surface are not allowed.
Level 2 Solar Energy Systems: Level 2 SESs are ground mounted systems not included
in Level 1 that meet the area restriction listed below:
1.Zoning: Residential Agriculture greater than 25Acres
Level 3 Solar Energy Systems: Level 3 SESs are systems that do not satisfy the
parameters for a Level 1 or Level 2 SES.
Special Event: A sporting,cultural,business,or other type of unique activity,occurring for a limited or
fixed duration(one-time, annual).A special event cannot be done more than twice in a calendar year.
Special Use Permit:A permit issued to authorize development or land uses in a particular zoning district upon
presentation of competent,material,and substantial evidence establishing compliance with one or more
general standards requiring that judgement and discretion be exercised as well as compliance with specific
standards. (G.S. 160D-102(30))
Subdivision:The divisions of a tract or parcel of land into two or more lots,building sites,or other
divisions when any one or more of those divisions is created for the purpose of sale or development
(whether immediate or future)and shall include all divisions of land involving the dedication of a new
street or a change in existing streets as specified in NCGS 160D-802.
Rural Roads
Principal Arterial.A rural link in a network of continuous routes serving corridor movements
having trip length and travel density characteristics indicative of substantial statewide orinterstate
travel and existing solely to serve traffic.This network would consist of interstate routes and
other routes designated as principal arterials.
Minor Arterial.A rural link in a network joining cities and larger Cities and providing intrastate
and intercounty service at relatively high(85 mph)overall travel speeds with minimum
interference to through movement. This network would primarily serve traffic.
Major Collector.A road which serves major intracounty travel corridors and traffic
generators and provides access to the arterial system.
Minor Collector.A road which provides service to small local communities and links the
locally important traffic generators with their rural hinterland.
Local Road.A local road primarily serves to provide access to abutting land and for travel over
relatively short distances.
Major Thoroughfares.Major thoroughfares consist of Interstate,other freeway and
expressway links,and major streets that provide for the expeditious movement of high
volumes of traffic within and through urban areas.
Minor Thoroughfares.Minor thoroughfares are important streets in urban systems and
perform the function of collecting traffic from local access streets and carrying it to the
major thoroughfare system.Minor thoroughfares may be used to supplement the major
thoroughfare system by facilitating a minor through-traffic movement and may also serve
Trinity Zoning Ordinance Page 4-14

abutting property.
Local Street.A local street is any link not a part of a higher-order urban system and
serves primarily to provide direct access to abutting land and access to higher
systems. It offers the lowest level of mobility and through traffic is usually
deliberately discouraged.
Specific Types of Rural and Urban Streets:
Cul-de-sac.A short street having but one end open to traffic and the other end being
permanently terminated and a vehicular turn-around provided.
Frontage Road.A local street or road that is parallel to a full or partial access-
controlled facility and functions to provide access to abutting land.
Alley.A strip of land,owned publicly or privately, set aside primarily for vehicular
service access to the back or site of properties otherwise abutting on a street.
Expressway.An expressway is a street or road usually with a median which serves
through traffic with full or partial control of access and generally with grade separations
at intersections;however,infrequent at-grade crossings may be permitted.
Freeway.A freeway is a divided street or road which serves through traffic with full
control of access and with grade separations at all intersections.
Public Street.A street located on a right-of-way dedication under the
requirements of this Ordinance.
Private Street.An undedicated private right-of-way which affords access to abutting
properties and requires a subdivision streets disclosure statement in accordance with
NCGS 136-102. 6.
Emergency and other public services may not be provided over such private streets, and
they shall be privately maintained.
Subdivider: Any person,firm,corporation,or official agent thereof,who subdivides or develops any land
deemed to be a subdivision.
Subdivision: A Subdivision shall include all divisions of a tract or parcel of-land into two or more lots,
building sites,or other divisions for the purpose,whether immediate or future,of sale or building
development, and shall include all divisions of land involving the dedication of a new public street or a
change in existing public streets with certain exceptions referenced in State law and listed in the Trinity
Subdivision Ordinance.
Major Subdivision.A subdivision with four(4)or more owner occupied lots
created for the purpose of sale or building development.
Minor Subdivision.A subdivision with three (3)or fewer lots
created for the purpose of sale or building development with all lots having access to
an existing state-maintained road.
Technical Review Committee: A committee authorized to review and provide analysis of planning and
Trinity Zoning Ordinance Page 4-1 S

development projects.This committee shall include Trinity's planning and zoning official, and may
include the city manager,and staff from appropriate county and state agencies.
Telecommunications Tower: Any structure that is designed and constructed primarily for the purpose of
supporting one or more antennas,including self-supporting lattice towers,guy towers or monopole
towers. The term includes radio and television transmission towers,personal communications service
towers(PCS),microwave towers,common-carrier towers,cellular telephone towers,alternative tower
structures and the like. This definition does not include any structure erectly solely for a residential non-
commercial individual use,such as television antennas,satellite dishes or amateur radio antennas.
Townhouse: Two or more attached single-family residences contained within one or more residential
structures with each unit located on a separate plot.
Truck Stop: a facility especially for truckers that is usually by a highway and that includes a diner, fuel
pumps, sleeping and showering rooms, shopping store, and/or a garage.
Use: The purpose for which land or a building or structure is arranged, designed,or intended,or for which
either land or a building or structure is,or may be,occupied or maintained.
Use-Principal Permitted: A use which is permitted outright in a district for which a Zoning
Permit may be issued by the Zoning Enforcement Officer.
Use-Special: A use which is permitted in a district only if a permit therefore is expressly
authorized by the Planning Board.
Variance: A modification of the dimensional requirements of the Zoning Ordinance by the Board of
Adjustment when strict enforcement of this Ordinance would cause undue hardship owing to
circumstances unique to the individual property on which the variance is granted.
Water Quality Critical Area (WQCA): Land located abutting to the shoreline of a public water supply
reservoir,so designated by a Governmental authority,and is located from normal pool level extending
from '/2 to 1 mile from the reservoir high water mark depending on the size of the watershed,and
specifically delineated on the official watershed map.
Water Supply System: An approved water supply system which,depending upon ownership and/or
number of hook-ups,may be:
a. a municipal system
b. a privately owned system serving an extended geographic area(extensions approved by the
Department of Human Resources,Division of Health Services)
c. a private well serving up to 14 hook-ups in a mobile home park(approved by the County
Health Department)
d. a"community" system with 15 or more connections(approved by the Department of
Human Resources,Division of Health Services)
Watershed: An area in which all water drains to a particular body ofwater.
Yard
a. Front: An open,unoccupied space on the same lot with a principal building,extending the full
width of the lot and situated between the front line of the lot and the front line of the building
projected to the side lines of the lot. Where a lot abuts more than one street,the Zoning
Enforcement Officer shall determine the front yard for purposes of this Ordinance.
Trinity Zoning Ordinance Page 4-16

b. Rear: An open,unoccupied space on the same lot with a principal building,extending the full
width of the lot and situated between the rear line of the lot and the rear line of the building
projected to the sideline of the lot.
c. Side: An open,unoccupied space on the same lot with a principal building, situated
between the building and the side lot line,and extending from the rear line of the front
yard to the front line of the rear yard.
Zoning Administrator—The City of Trinity employee(s)responsible for enforcement of zoning,
subdivision,floodplain,erosion and sedimentation control and other planning related ordinances
authorized by NCGSNCGS 160D and adopted by the City of Trinity.
Zoning Lot: A parcel or contiguous parcels of land under single ownership containing sufficient land
area for the proposed development including well and septic tank repair area.
Zoning Permit: A permit issued by the Zoning Administrator which must be obtained prior to
establishment of a use within a zoning district.
Zoning Vested Right:A right pursuant to NCGS160D-102; -100(d)to undertake and complete the
development and use of property under the terms and conditions of an approved site development plan.
Trinity Zoning Ordinance Page 4-17

ARTICLE V
APPLICATION OF REGULATIONS
Section 5-1. Zoning Affects Every Building and Use.
No building or land shall hereafter be used,or its use changed, and no building or part thereof shall be
erected,moved or altered except in conformity with the regulations herein specified for the district in
which it is located.
Section 5-2. Reduction of Lot and Yard Areas Prohibited.
No yard or lot existing at the time of passage of this ordinance shall be reduced in size or area below the
minimum requirements set forth herein,except for street widening.Yards or lots created after the
effective date of this ordinance shall meet at least the minimum requirements established by this
ordinance.
Section 5-3 Lot of Record
Single Lots of Record:
When a lot has an area or width which does not conform to the dimensional requirements of the district
where they are located,but such lot was of record at the time of adoption of this Ordinance or any
subsequent amendment which renders such lot nonconforming,then such lot may be built upon if
compliance is achieved with regard to setback dimensions and other requirements,except lot area or
width. Lots that cannot meet the setback and buffering requirements of this Ordinance may seek a
variance from the Board of Adjustments.
Lots with Contiguous Frontage in One Ownership:
When two(2) or more adjoining lots with contiguous frontage are in one ownership and said lots
individually have area or width which does not conform to the dimensional requirements of the district
where located,but such lots were of record at the time of adoption of this Ordinance or any subsequent
amendment which renders such lots nonconforming,for the purpose of development such lots must be
combined to form a parcel of no less than 20,000 square feet.All lots must comply with the setbacks
established for the zoning district in which they are located. Lots that cannot meet the setback and
buffering requirements of this Ordinance may seek a variance from the Board of Adjustments.
Section 5-4. Relationship of Building to Lot.
Every building hereafter erected,moved or structurally altered shall be located on a lot and in no case
shall there be more than one (1)principal building and its customary accessory buildings on any lot,
except in the case of a specially designed complex of institutional,residential,church,commercial,
governmental services or industrial buildings in an appropriate zoning district,i.e., school campus,
shopping center,industrial park, and so forth,as permitted by this ordinance.
Section 5-5. Required Open Space Not Used for Other Building
No part of any yard,other open space,or off-street parking or loading space required for any building,
structure or other use shall be considered to be a part of a required yard,open space,off street parking or
loading space for any other buildings, structures or use unless explicitly provided to the contrary in this
Trinity Zoning Ordinance Page 5-1

Ordinance.
Section 5-6. Road Access
No building shall be erected on a new lot created after adoption of this amendment which does not have
access,directly or by easement,to a road whether publicly or privately maintained.All private roads shall
be constructed and maintained in accordance with the specifications adopted by the City of Trinity.
Section 5-7 Buildings and Land Used for Permitted Uses
Within the districts indicated on the zoning map,no building or land shall be used,and no building shall be
erected or altered which is intended or designed to be used in whole or in part,for any use other than those
listed as permitted for the district in this Article.
Trinity Zoning Ordinance Page 5-2

ARTICLE VI
ESTABLISHMENT OF DISTRICTS AND DISTRICT BOUNDARIES
Section 6-1. Use District Names:
For the purpose of this ordinance,the City of Trinity is hereby divided into the following use
districts with the designation and purposes as listed below:
HC Highway Commercial District
M-1 Heavy Manufacturing District
M-2 Light Manufacturing District
O&I Office and Institutional
RA Residential Agricultural District
R-40 Residential District
R-20 Residential District
R-12 Residential District
RM Mixed Residential District
RM-U Residential Mixed—Urban
Overlay District Names:
MH-O Manufactured Home Overlay District
Section 6-2. Official Zoning District Map.
The boundaries of the districts are shown on the map accompanying this ordinance and made a part
hereof entitled"Official Zoning Map,Trinity,North Carolina."The zoning map and all the notations,
references,and amendments thereto, and other information shown thereon are hereby made a part of this
ordinance the same as if such information set forth on the map were all fully described and set out herein.
The zoning map properly attested is posted at the City Hall in Trinity and is available for inspection by
the public.
(A)Zoning district maps that are so adopted shall be maintained for public inspection in the Town Hall
office.The maps may be maintained and in paper or a digital format,with current and prior zoning
maps available for public inspection(NCGS 16013-105).
(B) Copies—Copies of the zoning district map may be reproduced by any method of reproduction that
gives legible and permanent copies and,when certified by the Town clerk in accordance with G.S.
160A-79, shall be admissible into evidence and shall have the same force and effect as would the
original map.
Section 6-3. Due Consideration Given to District Boundaries.
In the creation,by this ordinance,of the respective districts,careful consideration is given to the peculiar
suitability of each district for the particular uses and regulations applied thereto, and the necessary and
proper grouping and arrangement of various uses and densities of population in accordance with a well-
considered comprehensive plan for the physical development of the community.
Trinity Zoning Ordinance Page 6-1

Section 6-4. Rules Governing Interpretation of District Boundaries.
(a) Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on
the zoning map,the following rules shall apply:
1. Where district boundaries are so indicated that they approximately follow lot lines, such
lotlines shall be construed to be said boundaries.
2. Where such district boundaries are indicated as approximately following street,alley,or
highway lines,the centerline of said facilities shall be construed to be such boundaries.
3. Where district boundaries are so indicated that they are approximately parallel to the
center line of streets,alleys or highways,or the rights-of-way of same, such district
boundaries shall be construed as being parallel thereto and at such distance there from
as indicated on the zoning map.
4. Where a district boundary line divides a lot or tract in single ownership,the
district requirements for the least restricted portion of such lot or tract shall be
deemed to apply to the whole thereof, provided such extensions shall not
include any part of a lot or tract more than thirty-five (35) feet beyond the
district boundary line. The term "least restricted" shall refer to zoning
restrictions.
(b) The Zoning Administrator or Planning Director shall determine boundary
interpretations based on the above criteria. Appeals from the decision of the Zoning
Administrator or Planning Director shall be made to the Board of Adjustment
(NCGS 160D-405). Appeals from the decision of the Board of Adjustment shall be
made to Superior Court of Randolph County.
Trinity Zoning Ordinance Page 6-2

ARTICLE VII
DESCRIPTION AND PURPOSES OF DISTRICTS
Section 7-1 RA Residential Agricultural District
At the time of adoption of Trinity's initial Zoning Ordinance considerable land in Trinity is zoned
Residential Agricultural.This is a carryover from its Randolph County zoning classification.This
classification provides a place for agricultural operations and scattered non-farm residences on traditional
rural lots. Only minor conventional residential subdivisions(three or fewer lots)are allowed in this
district.Requests for higher intensity residential use or other uses,consistent with the Trinity Land
Development Plan,are handled through the rezoning process.
ZONING REQUIREMENTS
ToR Exnlanation See E=
CGS 143.139.1 or Section 7-
Exterior Building Meet NC Building Code 16.12 of the Zoning Ordinance
See section 8-11 or Article
Enclosed Facilities Depends on use. IV Definitions.
See section 8-11 to see if
your particular use is listed
Parking Requirements Depends on use. with a
requirement.
Paved Parking Depends on use. See Section 13-6.3.1
See section 8-11 to see if your
particular use is listed with a
Buffering Depends on use. re uirement.
See section 8-11 to see if
your particular use is listed
Depends on use. If a corner lot,visibility with a requirement.For
Fencing instructions in Section 12-3. general
requirements, see Section 12-4.
Planting Area None
Curb&Gutter None
Setbacks&Lot Widths Varies Section 12-4
Sidewalks None
See Section 11-4(don't need a
Signs Variespermit)& 11-7(need apermit).
Bona Fide Farm Uses Exempt See NCGS 160D-903
Trinity Zoning Ordinance Page 7-1

Section 7-2 R-40 Residential District.
The R-40 Residential District is established for low density residential with some limited public,semi-
public,and recreational uses permitted when they are compatible to low density residential developments.
ZONING REQUIRF.MF.NTS
Topic Explanation See Pages
NCGS NCGS 143.139.1 or
Exterior Building Meet NC Building Code Section 7-
16.12 of the Zoning Ordinance
See section 8-11 to see if
your particular use is listed
with a requirement or in
Enclosed Facilities Depends on use. Article IV
Definitions.
See section 8-11 to see if your
particular use is listed with a
Parking Requirements Depends on use. requirement.
Paved Parking Depends on use. See Section 13-6.3.1
See section 8-11 to see if
your particular use is listed
Buffering Depends on use. with a
requirement.
See section 8-11See section
8-11 to see if your particular
Depends on use. If a corner lot,visibility use is listed with a
Fencing instructions in Section 12-3. requirement.For general
requirements, see Section 12-4.
Planting Area None
Curb&Gutter None
Setbacks&Lot Widths Varies Section 12-4
Sidewalks None
See Section 11-4(don't need a
Signs Variespermit)& 11-7 (need apermit).
Open Space None
Trinity Zoning Ordinance Page 7-2

Section 7-3 R-20 Residential District
The R-20 Residential District is established for medium density residential uses,some public, semi-
public,and recreational activities that are compatible with residential development.Public water and
sewer are a pre-requisite to development in this district.
ZONING REQUIREMENTS
Tom Exnlan ation &LEam
NCGS 143.139.1 or Section 7-
Exterior Building Meet NC Building Code 16.12 of the Zoning Ordinance
See section 8-11 to see if
your particular use is listed
with a
Enclosed Facilities Depends on use. requirement or in Article IV
Definitions.
See section 8-11 to see if
your particular use is listed
Parking Requirements Depends on use. with a
requirement.
Paved Parking Depends on use. See Section 13-6.3.1
See section 8-11 to see if your
particular use is listed with a
Buffering Depends on use. requirement.
See section 8-11 to see if
your particular use is listed
Depends on use. If a corner lot,visibility with a
Fencing instructions in Section 12-3. requirement.For general
requirements, see Section 12-4.
Planting Area None
Curb&Gutter None
Setbacks&Lot Widths Varies Section 12-4
Sidewalks None
See Section 11-4(don't need a
Signs Variespermit)& 11-7 (need apermit).
Open Space None
Trinity Zoning Ordinance Page 7-3

Section 7-4 R-12 Residential District
The R-12 Residential District is established for medium-to-high density residential uses with lot sizes a
minimum of 12,000 square feet, some public, semi-public, and recreational activities that are compatible
with residential development. Public water and sewer are a prerequisite to development in this district.
ZONING REQUIREMENTS
ToR Explanation See Paw
NCGS 143.139.1 or Section 7-
Exterior Building Meet NC Building Code 16.12 of the Zoning Ordinance
See section 8-11 to see if
your particular use is listed
with a
Enclosed Facilities Depends on use. requirement or in Article IV
Definitions.
See section 8-11 to see if
your particular use is listed
Parking Requirements Depends on use. with a
requirement.
Paved Parking Required See Section 13-6.3.1
See section 8-11 to see if your
particular use is listed with a
Buffering Depends on use. requirement.
See section 8-11 to see if
your particular use is listed
Depends on use. If a corner lot,visibility with a
Fencing instructions in Section 12-3. requirement.For general
requirements, see Section 12-4.
Planting Area None
Required
Curb&Gutter
Front: 30 Ft; Side: 10 Ft; Rear: 25 Ft; Lot
Setbacks&Lot Widths Width: 75 Ft. Section 12-4
Sidewalks Required Section 13-8
See Section 11-4(don't need a
Signs Variespermit)& 11-7 (need apermit).
Open Space None
Trinity Zoning Ordinance Page 7-4

Section 7-5 R-10 Residential District
The R-10 Residential District is established for high density residential uses with lot sizes a minimum of
10,000 square feet, some public, semi-public,and recreational activities that are compatible with
residential development. Public water and sewer are a prerequisite to development in this district.
ZONING REQUIRF.MF.NTS
ToR Exnlanation See Page:
NCGS 143.139.1 or Section 7-
Exterior Building Meet NC Building Code 16.12 of the Zoning Ordinance
See section 8-11 to see if
your particular use is listed
with a requirement or in
Enclosed Facilities Depends on use. Article IV
Definitions.
See section 8-11 to see if
your particular use is listed
Parking Requirements Depends on use. with a
requirement.
Paved Parking Required See Section 13-6.3.1
See section 8-11 to see if
your particular use is listed
Buffering Depends on use. with a requirement.
See section 8-11 to see if
your particular use is listed
Fencing Depends on use. If a corner lot,visibility with a requirement.For
instructions in Section 12-3. general requirements, see
Section 12-4.
Planting Area None
Curb&Gutter Mountable curbs are required. Section 13-10
Front: 30 Ft; Side: 10 Ft;Rear: 25 Ft; Lot
Setbacks&Lot Widths Width: 60 Ft. Section 12-4
Sidewalks Required Section 13-8
See Section 11-4(don't need a
Signs Variespermit)& 11-7(need apermit).
Open Space None
Trinity Zoning Ordinance Page 7-5

Section 7-6 Mixed Residential District.
The purpose of this district is to provide a place for residential uses of all types(single family residences;
multi-family dwellings. R-10 or less density development is permitted provided that water and sewer
systems are made available and approved by the appropriate authorities.
ZONING REQUIREMENTS
To& Explanation See E=
If denser than R-10 residential development
then all common building materials,aside from
metal and cinderblock sidings,are acceptable
except vinyl use is limited to no more than 30%
Exterior Building of the front fagade of the structure.
See section 8-11 to see if
your particular use is listed
Depends on use. If not specified,all outside with a requirement or in
Enclosed/Screened storage not enclosed must be screened. Article IV Definitions.
See section 8-11 or Table
13.4 to see if your particular
Parking Requirements Depends on use. use is listed.
Paved Parking Depends on use. See Section 13-6.3.1
See section 8-11 to see if
your particular use is listed
Depends on use. Will need screening if with a requirement.For
buffering a single-family residentially zoned general requirements, see
Buffering property. Section 12-4.
Depends on use. If a corner lot,visibility See section 8-11
Fencing instructions in Section 12-3. and/or Section 124.
Planting Area None
Curb&Gutter Mountable curbs are required. Section 13-10.
Setbacks&Lot Widths Varies Section 12-4
Sidewalks Required Section 13-8
See Section 114(don't need
a permit)& 11-7 (need a
Signs Varies permit).
Open Space Yes Section 12-5
Trinity Zoning Ordinance Page 7-6

Section 7-7 Residential Mixed—Urban
This medium to high density predominately residential district is established to accommodate compact,
walkable neighborhoods near mixed-use activity centers. Public water and sewer are necessary
prerequisites for this type of development. Limited commercial activities are also permitted subject to
issuance of a Special Use.Minor subdivisions consisting of single-family lots sized 10,000 s.f. or greater
are exempt from the provisions of this section.
ZONING REQUIREMENTS
Tom Explanation ,egg =
If denser than R-10 residential
development or a non-residential use,
then all common building materials,
aside from metal and cinderblock
sidings,are acceptable except vinyl
use is limited to no more than 30%of
Exterior Building the front fagade of the structure.
See section 8-11 to see if
Depends on use. If not specified,all your particular use is listed
outside storage not enclosed must be with a requirement or in
Enclosed/Screened screened. Article IV
Definitions.
See section 8-11 or Table 13.4 to
see if your particular use is listed
Parking Requirements Depends on use. with a requirement.
Paved Parking Depends on use. See Section 13-6.3.1
Depends on use. Will need screening See section 8-11 to see if
if buffering a single-family your particular use is listed
Buffering residentially zoned property. with a
requirement.
Depends on use. If a corner lot,
Fencing visibility instructions in Section 12-3. See section 8-11 or Section 12-4.
Curb&Gutter Mountable curbs are required. Section 13-10
Sidewalks Required Section 13-8
Setbacks&Lot Widths Varies Section 12-4
See Section 11-4(don't need a
permit), 11-7 (if residential),and
Signs Varies 11-10(if non-residential).
Open Space Yes Section 12-5
Trinity Zoning Ordinance Page 7-7

Section 7-8 O&I Office and Institutional District.
The O &I Office and Institutional District is established to provide for business and professional office
use, service occupations and light commercial uses.Because the Office and Institutional uses are subject
to the public view,developers and operators of offices and business should provide an appropriate
appearance,parking and design of entrances and exits to offices and businesses in a manner to minimize
the traffic congestion.
ZONING REQUIREMENTS
Tom Exnlanation See -=
Building exteriors may consist of any
of the following materials: utility
brick, standard brick,colored split
faced brick,glass,stone,wood,
concrete composite siding,or other
similar high-quality material.
- Stucco, synthetic stucco,iron,
and steel may be used as
secondary materials however
they may not cover more than
20%of the surface area of
Exterior Building any one elevation.
See section 8-11 to see if
Depends on use. If not specified,all your particular use is listed
outside storage not enclosed must be with a requirement or in
Enclosed/Screened screened. Article IV
Definitions.
See section 8-11 or Table 13.4 to
see if your particular use is listed
Parking Requirements Depends on use. with a requirement.
Paved Parking Depends on use. See Section 13-6.3.1
See section 8-11 to see if
Depends on use. Will need screening your particular use is listed
if buffering a residentially zoned with a
Buffering property. requirement.For general
requirements, see Section 14.
See section 8-11 to see if
your particular use is listed
Depends on use. If a corner lot, with a requirement.For
Fencing visibility instructions in Section 12-3. general
requirements, see Section 14-2.
Planting Area None
Curb&Gutter Mountable Curbs are required.
Setbacks&Lot Widths Varies Section 12-4
Sidewalks Required Section 13-8
See Section 11-4(don't need a
permit),and 11-8 through 11-10
Signs Varies (need apermit).
Open Space No
Trinity Zoning Ordinance Page 7-8

Section 7-9 HC Highway Commercial District.
The Highway Commercial District is established to provide for a compact neighborhood shopping district
which provides convenience goods such as groceries and pharmacies and some types of personal services
to the surrounding residential area. The regulations are designed to protect the surrounding residential
districts and provide an appropriate community appearance. Parking and design of entrances and exits to
businesses must be established in a manner to minimize traffic congestion.
ZONING REQUIRF.MF.NTS
Tom Exnlanation See -=
Building exteriors may consist of any
of the following materials: utility
brick, standard brick,colored split
faced brick,glass,stone,wood,
concrete composite siding,or other
similar high-quality material.
- Stucco, synthetic stucco,iron,
and steel may be used as
secondary materials however
they may not cover more than
20%of the surface area of
Exterior Building any one elevation.
See section 8-11 to see if
Depends on use. If not specified,all your particular use is listed
outside storage not enclosed must be with a requirement or in
Enclosed/Screened screened. Article IV
Definitions.
See section 8-11 or Table 13.4 to
see if your particular use is listed
Parking Requirements Depends on use. with a requirement.
Paved Parking Depends on use. See Section 13-6.3.1
See section 8-11 to see if
Depends on use. Will need screening your particular use is listed
if buffering a residentially zoned with a
Buffering property. requirement.For general
requirements, see Section 14.
See section 8-11 to see if
your particular use is listed
Depends on use. If a corner lot, with a requirement.For
Fencing visibility instructions in Section 12-3. general
requirements, see Section 14-2.
Planting Area None
Curb&Gutter Mountable curbs are required. Section 13-10
Setbacks&Lot Widths Varies Section 12-4
Sidewalks Required Section 13-8.13.
See Section 11-4(don't need a
permit),and 11-8 through 11-10
Signs Varies (need apermit).
Open Space No
Trinity Zoning Ordinance Page 7-9

Section 7-10 M-1 Heavy Manufacturing District.
The M-I Heavy Manufacturing District is established for those areas of the community where the
principle use of land is for manufacturing,industrial,and warehousing uses.These uses,by their nature,
may create some nuisances which are not properly associated with residential,institutional,commercial
and/or service establishments. These uses normally seek outlying locations on large tracts of land where
the operations involved do not detract from the development potential of nearby undeveloped properties.
ZONING RE01T1REMLbt.0
Topic Explanation See Pages
NCGS 143.139.1 or Section 7-
Exterior Building Meet NC Building Code 16.12 of the Zoning Ordinance
See section 8-11 to see if
your particular use is listed
with a
Enclosed/Screened Depends on use. requirement or in Article IV
Definitions.
See section 8-11 or Table 13.4
to see if your particular use is
Parking Requirements Depends on use. listed with a requirement.
Paved Parking Depends on use. See Section 13-6.3.1
See section 8-11 to see if
your particular use is listed
Depends on use. Will need screening if with a requirement.For
Buffering buffering a residentially zoned property. general
requirements, see Section 14.
See section 8-11 to see if
your particular use is listed
Depends on use. If a corner lot,visibility with a requirement.For
Fencing instructions in Section 12-3. general
requirements, see Section 14-2.
Planting Area None
Curb&Gutter None
Setbacks&Lot Widths Varies Section 12-4
Sidewalks No
See Section 11-4(don't need a
permit),and 11-8 through 11-10
Signs Varies (need apermit).
Open Space No
Trinity Zoning Ordinance Page 7-10

Section 7-11 M-2 Light Manufacturing District.
The M-2 Light Manufacturing District is established for manufacturing,industrial and warehousing
located on planned sites with access to major highways and streets and with adequate utility facilities.
This district is intended to allow a lower density of manufacturing and warehousing operations which
create a more desirable appearance and less environmental pollution than a denser manufacturing zone.
These uses by their nature may create some nuisance which is not properly associated with residential,
institutional,commercial and or service establishments. These uses normally seek outlying locations on
large tracts of land where the operations involved do not detract from the development potential of nearby
development property. The purpose of these regulations is to control building and traffic congestion and
to provide an appropriate community appearance.
ZONING REQUIREMENTS
To"ic Explanation See Pages
NCGS 143.139.1 or Section 7-
Exterior Building Meet NC Building Code 16.12 of the Zoning Ordinance
See section 8-11 to see if
your particular use is listed
with a requirement or in
Enclosed/Screened Depends on use. Article IV
Definitions.
See section 8-11 or Table 13.4
to see if your particular use is
Parking Requirements Depends on use. listed with a requirement.
Paved Parking Depends on use. See Section 13-6.3.1
See section 8-11 to see if
your particular use is listed
Depends on use. Will need screening if with a
Buffering buffering a residentially zoned property. requirement.For general
requirements, see Section 14.
See section 8-11 to see if
your particular use is listed
Depends on use. If a corner lot,visibility with a requirement.For
Fencing instructions in Section 12-3. general
requirements, see Section 14-2.
Planting Area None
Curb&Gutter Mountable curbs are required See Section 13-10
Setbacks&Lot Widths Varies Section 12-4
Sidewalks Required Section 13-8
See Section 11-4(don't need a
permit),and 11-8 through I I-10
Signs Varies (need apermit).
Open Space No
Trinity Zoning Ordinance Page 7-11

Section 7-12 Overlay Districts—Establishments and Requirements
Overlay districts make regulations applicable to certain areas which are in addition to the regulations
applicable to underlying general use district.
A.MH-O Manufactured Home Overlay District for Manufactured Home Subdivisions
The Manufactured home Overlay District sets forth regulations governing the
development of subdivisions for manufactured homes in Trinity.
1) Criteria for Establishment of District—Manufactured homes may be permitted
in a subdivision of single-family lots in a residential district,provided overlay
district zoning is approved by the City Council.A minimum of ten contiguous
lots,meeting the dimensional requirements of the applicable zoning district,
excluding public street right-of-way,is required to establish a manufactured
home subdivision in a Manufactured Home Overlay District.
2) Standards for Dwelling Units - Only manufactured dwellings meeting Class A
criteria as defined in Article V Definitions of this Ordinance shall be permitted.
3) Manufactured Homes Front Entrance Requirements. Every manufactured home
site shall have a minimum 5 ft.x 10 ft.x 4 in.thick concrete slab at the front
door area or a 8 ft.x 12 ft.treated lumber deck or porch built of treated lumber
and built to North Carolina Building Code specifications at the front entrance.
4) Rezoning—An application for a Manufactured home Overlay district shall be
processed,considered and voted on in the same manner as for a rezoning.
5) Site Development and Parking-Consistent with Trinity subdivision requirements.All
manufactured home subdivisions shall be located on roads constructed to North
Carolina Department of Transportation,Division of Highways, subdivision road
standards.
Section 7-13 Conditional Zoning Districts
General Requirements
1. Application: Only the property owner(s)of all the property to be included in the district
shall apply for rezoning to an appropriate conditional zoning district. Specific conditions
applicable to these districts may be proposed by the petitioner or the City or its agencies,
but only those conditions mutually approved by the city and the petitioner may be
incorporated into the zoning regulations or permit requirements.
2. Other Regulations Apply: Within a conditional zoning district,all requirements of any
corresponding general zoning district, and all other requirements of this Ordinance,
shall apply except to the extent that the approved conditions are more restrictive that
those requirements.
3. Uses Within District: Within a parallel conditional zoning district, only those uses
Trinity Zoning Ordinance Page 7-12

authorized by Section 7-15 (Permitted Uses in Zoning District)as allowed in the general
zoning district to which the conditional zoning district corresponds shall be permitted.No
use(s) shall be permitted except those use(s) authorized by the conditional zoning district
approval.
4. Conditions: In a conditional zoning district,conditions may specify the location on the
property of the proposed use(s);the number of dwelling units;the location and extent of
supporting facilities such as parking lots,driveways,and access streets;the location and
extent of buffer areas and other special purpose areas;the timing of development;the
location and extent of rights-of-ways and other areas to be dedicated for public
purposes; and other such matters as the applicant may propose as conditions upon
request.
5. Approval Statement: A statement analyzing the reasonableness of the proposed rezoning
shall be prepared for each petition for a rezoning to a conditional district or other small
scale rezoning.
6. Compliance with Approved Plan: No permit shall be issued for any development activity
within a conditional zoning district except in accordance with the approved conditional
zoning site plan.
7. Violation of Conditions: Any violation of a condition in an approved conditional zoning
district shall be treated the same as any other violation of this Ordinance and shall be
subject to the same remedies and penalties as any such violation.Any violation of such a
condition shall be deemed to be the same type of violation as the use of a property for a
use not permitted under the district regulations,for the same reason that any use
permitted in a conditional zoning district is permitted only subject to the specified
conditions.
8. Cancellation of Site Plan Approval: If for any reason any condition imposed pursuant to
theses regulations is found to be illegal or invalid,or if the applicant should fail to accept
any condition,the approval of the conditional zoning site plan shall be null and void and
of no effect and proceedings shall be instituted to rezone the property to its previous
zoning classification.
Procedure
1. Processing Application: Applications for condition zoning districts shall be processed,
considered, and voted upon in the same procedure as that required in Article XVII.No
conditional zoning site plan shall be approved prior to approval of the conditional zoning
district to which it applies.
2. Application Consideration: In considering applications for conditional zoning districts,the
Planning&Zoning Board and City Council shall give due regard that the purposes and
intent of this Ordinance shall be served.
3. Conditions Perpetually Binding: Any conditions in association with a conditional zoning
district and so authorized shall be perpetually binding upon the property included in such
conditional zoning district unless subsequently changes or amended as provided for in this
Article.
Trinity Zoning Ordinance Page 7-13

4. Greater Restrictions: In approving a conditional zoning district the City Council may impose
only more restrictive requirements upon such district as may be necessary to comply with
the purpose and intent of this ordinance.
5. No removal of Other Requirements:No condition on a conditional zoning district application
shall have the effect of removing or amending any requirements of this ordinance.
6. A conditional zoning site plan shall be submitted for review for any development made
pursuant to any conditional zoning district to the Planning and Zoning Board and City
Council. Site specific conditions must be shown on this plan. Three copies of a site plan
shall be submitted on sheets no larger than 36"by 24"drawn to a scale of no less than 1"_
50'.The plans shall conform to the Community Development checklists.
7. Amendment of Conditions: The City Council may change or amend a conditional zoning
district in the same procedure as that required for the original approval of the conditional
zoning district. Specific conditions may be proposed by the petitioner or the local
government or its agencies,but only those conditions approved by the local government
and consented to by the petitioner in writing may be incorporated into the zoning
regulations(160D-703(b)).
Timing of Amendment Proposal:No proposal to change or amend any conditional zoning district shall be
considered within one (1)year after the date of the original approval of such district,or within one (1)
year after the hearing of any previous proposal to change or amend
Section 7-14 Permitted Uses in Zoning Districts
Permitted Uses in Zoning Districts: In accordance with the applicable ordinance provisions,in each
zoning district,land,building and structures shall only be used,and buildings and structures shall only be
erected which are intended to be used for the uses,as listed in the Table of Permitted Uses,unless
otherwise stated in Article IX. In the appropriate columns of the Table below,uses permitted by right in
the various districts are indicated with an"X;"uses requiring a conditional zoning are indicated by a"C";
uses requiring a Special Use Permit are indicated by an "S;"uses requiring a Manufactured Home
Overlay Zone are indicated with an "O."
Table of Permitted Uses:
Q 17 N 1N O1 c C - U 1 N
°C ac ac ac & °= 1= o = 2 2
Accessory Uses X X X X X X X X X X X
(Residential)—See Note
2
Trinity Zoning Ordinance Page 7-14

Table of Permitted Uses: a N c D N
oc CL CL o _
Accessory Uses X X X
(Commercial) X X X
ATM X X X
Movie Rental X X X
Kiosk
Outdoor Storage
Adult Uses (see Sexually C
Oriented Businesses)
Agricultural Uses— Field X X X X X X X
Crops
Agricultural Uses— X
Livestock, See Note 14
Alcohol Establishment C
Amusements, indoor X X X
commercial (e.g. bowling
alleys, skating rinks, pool
halls, video arcades)
Antique Store/Mall X X
Apparel & accessory OT X X X
sales
Apartment Buildings C C
Art Galleries OT X X
Athletic fields, S S S S S S S S
recreational use
buildings, playgrounds,
swim, and racquet
clubs
(non-profit)
Auction sales, permanent X X
facility
Automobile body shops X X
(includes screened
storage of wrecked
vehicles-See Note 3
Automobile car wash
(see below)
Drive Through (Accessory S X X
Uses—existing gas
station)
Drive Through S X X
(standalone)
Self Service Car Wash S X X
Trinity Zoning Ordinance Page 7-1 S

Table of Permitted Uses: a N 4 c N
O =
Automobile parts sales, X X X
(no open storage)
Automobile parking lots, X S X X
(stand alone
public/private)
Automobile repair S X X
service, See Note 3
Automobile sales, and C C C
rental (new& used)
Banks & Savings & Loans X X X X
Barber& Beauty S X X X X
Shops/Salons OT
Bed Breakfast/Tourist S S S X X X
Home
Boats, Recreational S S S
Vehicles (sales & service)
Bottling Plants X X
Cabinet Making X X
Cemeteries, Mausoleum S S S
Chemical Manufacturing X
Churches, religious S S S S S S S
congregations &their
customary accessory
uses
Clinics, medical, dental, OT X X X
professional
Clubs & lodges, (see S S S S X
"Athletic Fields")
Community centers, S S S S S S S S
public/private non-profit,
for assembly&
recreation
Concrete& asphalt X
products plant
Condominiums C C
Convenience Store with S X X
gas pump
Day care facility, adult S S S S
Day care facility, child S S S S S S
and pre-School
Day care, in-home 5 or X X X X X X
fewer
Dairy products, X X
wholesale & processing
Trinity Zoning Ordinance Page 7-16

Table of Permitted Uses: a N 4 c N
o =
Doctors, Dentists Offices OT X X
Drive-in window services X X X X
(banks, laundries,
restaurants, pharmacies,
etc.)where permitted
Dry cleaning & laundry OT X X X
(retail)
Electronic Gaming C C
Operation
(See Article Vill, Section
8-8)
Emergency Services S S S S S S S S
(Police, Fire, Ambulatory)
Exterminating services X X X
Fairs, amusements, S S S S S
carnivals, rides, Ferris
wheels, etc.,temporary
Family Care Homes—See X X X X X X X
Note 15
Farm machinery S X X
sales/service
Farm supplies sales, S S X X
(feed, seed, fertilizer,
etc.)
Flea markets, (indoors) X X
Florists/Gift shops OT X X
Foundries, metal X
Funeral Homes S X X
Furniture refinishing X X
Golf, miniature X
Golf Courses S S S S
Governmental Offices X X X
Governmental Services X
Grading and Utility X X
Contractor
Grocery Stores S X X X
Group Homes S S S S S
Hardware, paint& S X X
garden supplies, See
Note 4
Trinity Zoning Ordinance Page 7-17

Table of Permitted Uses: a N c D N
o =
Health Club/Spa X X X X
Hobby and Craft Stores OT X
Home furnishing & X X X
appliance sales
Home and Garden Supply S S S
Retailer, over 25,000 sq.
ft.
Home occupations—See X X X X X X
Note 5
Hotels & Motels X
Industrial Equipment X X
sales/service
Junkyards S
Kennels, commercial with S S S
Outdoor Runs
Laboratory, medical & X X X X
dental
Laboratory, research X X X
Land Clearing and Inert S
Debris Landfill (LCID) -
Minor
Land Clearing and Inert S S
Debris Landfill (LCID) -
Major
Lawn and Garden X X X
supplies, See Note 4
Library, public X X X
Live-Work Units, See S
Note 6 OT
Locksmith, gunsmith OT X
Machine shop,welding X X
shop
Manufactured Home C
Park—See Note 7
Manufactured Home on O
Individual Lot (Class A
only), See Section 7-13A,
9-3
Manufactured Home O
Class A, See Notes 7,9 &
Sections 7-13A, 9-3
Manufactured Home S
Class B, See Notes 7,9 &
Sections 7-13A, 9-3
Trinity Zoning Ordinance Page 7-18

Table of Permitted Uses: a N c D N
Manufactured Home O
Subdivision, See Section
7-13A
Manufactured Home S S
Sales
Manufactured structures X X X X
temporary, See Note 8
Manufacturing, apparel, X X
soft goods, textiles
Manufacturing, brick, X
tile/cement
Manufacturing, furniture X X
and upholstery
Manufacturing, machine X
tools
Manufacturing, X
fertilizers, metal plating,
milling (feed, flour, etc.),
paper goods, etc.
Manufacturing, sawmills X
Mini warehouse, Storage S S X X
Buildings
Monument, cut stone X
manufacture &sales
Nursery& plant X X X X X
cultivation sales, See
Note 4
Nursing & rest homes C C C C C
Office supply sales X X
Outdoor storage yards S X X
(primary use) See Note 4
Pet Grooming X X
Pharmacy& drug store X X X
Photographic Studio S X X X X
Planned Building Groups, X C C C
Commercial or Industrial
Post Office, Public X X X X X
Buildings
Printing and copy shops X X
Professional & business S X X
offices
Public Events, See Note X X X X X X X X X X X
10
Trinity Zoning Ordinance Page 7-19

Table of Permitted Uses: a N c D N
oc CL CL o _
Public utility substations S S S S S S S S S S S
&facilities, See Note 11
Radio-control model C C C
races-car track(electric
model cars)
Radio or television studio X X X
Radio or television tower S S S S
Reception House S S X
Recycling Convenience S S S S S
Site
Recycling Processing X X
Facility, Indoors
Repair, rental & service X X X X
of products sold within
the same district,
conducted indoors
Residence, duplex X X S X
Residence, single-family X X X X X X X
detached, site built and
modular, See Note 12
Restaurants OT X X
Retail and Membership C C C
Warehouse
Establishments, over
25,000 sq.ft.
Retail (less than 25,000 X X
sq/ft)(music, books,
electronics, household
and similar sales)
Rooming House (see B S X
&B)
Schools, elementary and S S S S S S S S S
secondary
Schools, business/trade X X X
Seafood sales X
Service stations C X X
Sheet metal fabrication X
Shooting Range, Outdoor C C
Sign, (manufacturing) X X X
Trinity Zoning Ordinance Page 7-20

Table of Permitted Uses: a N c D N
o =
Social Service Facility, S S S
Temporary Stay
Solar Energy Systems X X X X X X X X X X X
Level 1
Solar Energy Systems C
Level 2
Solar Energy Systems
Level 3
Storage, above ground S S
flammable liquids for
distribution
Studios, for artist, S OT X X
dancers,gymnastics,
martial arts, designers,
musicians,
photographers
Swimming Pool, as X X X X X S X X
Accessory use—See
Notes 2,13
Tailor Shop X X X
Tattoo and body piercing X
Taxidermy X
Telecommunications S S S
Towers
Temporary offices, X X X X X
(mobile structures for
use during construction),
See Note 8
Theatre, indoor X
Tire recapping X
Townhouse C C
Developments
Trailer rentals/sales X X
(semi-tractor-trailers)
Truck Stops C
Trucking terminal X
Urgent Care Clinic X X
Veterinary clinic with S S S
Outdoor Run
Veterinary Clinic, No OT X X X X
Outdoor Run
Trinity Zoning Ordinance Page 7-21

Table of Permitted Uses:
Q N iN-I
0 = C C
With the exclusion of X
wine and spirits,
warehousing/wholesaling
and packaged food
products
Section 7-15 Development Standards for Particular Uses-Notes to the Table of
Permitted Uses
1. Accessory Dwelling Unit:Accessory dwelling units within single-family houses or on single-
family lots shall be encouraged and designed to meet housing needs.
a. The accessory dwelling unit shall be subordinate to the primary living quarters.
b. Not more than one accessory dwelling unit is permitted per lot.
C. Any accessory dwelling unit shall be located in the rear yard of a single-family use lot
subject to the requirements of this Section.
d. Accessory dwelling units may be created as a second story within detached garages
provided that the height of the secondary dwelling unit and/or garage does not exceed the
height of the principal structure on the lot.There shall be a two-story height maximum.
C. The accessory dwelling unit may not be larger than fifty percent of the gross floor area of
the principal structure.The minimum habitable area of the secondary dwelling shall not
be less than 300 square feet.Maximum building footprint for a secondary dwelling unit
shall be 750 square feet.
f. No additional parking spaces are required for the accessory dwelling unit provided the
number of spaces for the principal structure(per Article XIII, Section 13-4)is satisfied.
g. Accessory dwelling units shall be architecturally compatible to the principal building
(e.g.pitch of roof,wall or trim materials,architecture style,window details).
h. The property owner(s) on which the accessory dwelling unit is to be located shall occupy
at least one of the dwelling units on the premises.
i. Home occupations may be conducted in an accessory dwelling unit.
2. Accessory Uses
a. For swimming pools as an accessory structure see Note 13 and Article XII, Section 124(g).
b. Accessory Structures
• Location: Detached accessory buildings shall be located at least 10 feet behind the
front plane of the primary structure.
• Height: Accessory buildings shall not exceed the roofline of the existingprimary
structure as measured from the center of the building.
• Building Footprint: The gross square footage of the accessory building shall not exceed
the gross floor area of the first floor of the principal building.The total built footprint of
the lot shall not exceed twenty four percent(24%) including all development.
• Utilities: Water,sanitary sewer,gas and electric utilities shall be provided by branching
service from the principal building.
• Larger Structure: A request for a larger structure than permitted under this section or
for separate utilities connection shall be approved as a special use permit by the city
council.The applicant shall follow the procedure for application of a special use permit
and supply a site plan depicting existing conditions as well as proposed development.
Trinity Zoning Ordinance Page 7-22

The applicant shall also submit in writing reasons for exceeding the size requirement or
why a separate utility connection is requested,or both.
• Exterior Building Materials: Accessory structures placed in a side yard shall utilize
exterior building materials that match and/or complement the primary structure. The
developer shall present a plan to the Zoning Administrator for use of exteriorbuilding
materials which must be approved prior to issuance of a zoning permit.
• Limit: There shall be no more than two(2)accessory structures per lot.Accessory
structures are only permitted on lots where a principal structure exists.
• Size: Lots measuring 40,000 sq. ft. or smaller: 1,500 sq. ft.or the size allowed by
limiting built-upon area of the lot to 24%,whichever is smaller.
Lots larger than 40,000 sq. ft.but smaller than 2.5 acres: 2,000 sq.ft.or the size
allowed by limiting built-upon area of the lot to 24%,whichever is smaller.
c. Structures associated with Bona Fide farms or lots 2.5 acres and larger shall be excluded
from this section.
d. Residential use shall be permitted in an accessory structure in the RA and R-40 district;
however,the accessory structure shall not be more than 40% of gross floor area of the first
floor of the primary building.
e. Outside storage as an accessory use is permitted only in the Heavy Manufacturing district,
provided it is enclosed by a fence at least six feet high.
f. Portable Storage Containers
General
• Portable Storage Containers shall be allowed in the City of Trinity and Extra Territorial
Jurisdiction(ETJ)only in accordance with a Temporary Use Permit issued by the
Planning and Zoning Administrator.
• A Portable Storage Container is not a building or structure.
• A Portable Storage Container is designed for the storage of personal property and
transport by commercial vehicle. Portable Storage Containers are typically rented for
household moving or temporary storage at a central, secure location.
• Portable Storage Containers when on site shall be in a vehicular parking area and shall
not obstruct any required parking space or public safety installation.
Household or Personal Use
• Portable Storage Containers for Household or Personal use shall be for household
moving or storage of personal property at a separate location.The Temporary Use
Permit shall be valid for fifteen(15)days with one fifteen(15)day extension.
Contractor Use
• Contractors may use Portable Storage Containers for the storage of construction
materials and equipment at a site with a valid Building Permit. The Temporary
Trinity Zoning Ordinance Page 7-23

Use Permit shall be in the name of the Contractor and will expire with the Building
Permit.
• A portable storage container may also be used for storage of household items
for the duration of a renovation project. If a building permit is required for
the project,the Temporary Use Permit shall be in the name of the Contractor
and will expire with the Building Permit. If no Building Permit is required,
the Temporary Use Permit shall expire in 90 days.
3. Automobile Body Shop; Automobile Repair Service—Outdoor servicing,repair or disassembly
is not allowed. Junkyards,automobile graveyards,or the outside storage of secondhand material for
resale are prohibited in any form.All vehicles stored overnight must be stored every night behind
the front lot line.Temporary storage of more than 10 vehicles is permitted only if an opaque
screened enclosure at least 6 feet high is provided.All fence locations must conceal vehicles from
public right-of-way and the fenced location must be approved by the Trinity Zoning Administrator.
4. Builders Supply Sales,Contractors Yards,Sales and Rental with Outdoor Storage—All
outside storage shall be completely screened from view from all streets. Security fencing,a
minimum of six feet in height, shall be provided around all outside storage yards.All storage areas
shall be maintained in a manner to limit dust from drifting onto adjoining properties. Where storage
yards abut a residential use,the storage area shall be screened and buffered by plantings at least six
feet tall.
5. Home Occupations(including renting of rooms).Home occupations are permitted only as an
incidental use to the home and must operate within the following guidelines:
• A home occupation shall occupy no more than 25%percent of the gross floor area of a
dwelling unit.
• No outside storage or display of items associated with the home occupation is permitted.
• Signage identifying a home occupation may not be illuminated and is limited to one wall or one
freestanding sign per zoning lot and a maximum display surface of four(4) square feet.A
permit is required as provided by Article 11 Signs.
• The home occupation may be conducted entirely within a dwelling unit.
• An accessory structure not to exceed 25% of the gross floor area of the primary residence is
allowed to host the home occupation, provided the same materials and design of the primary
residence are incorporated into the structure.
• Only one person may be employed who is not an occupant of the residence.
• Activities shall not generate traffic,parking,noise,odors,or electrical interference beyondwhat
normally occurs in the zoning district.
• Instruction in music,dancing,art or similar subjects shall be limited to no more than five (5)
students at one time.
• Permitted home occupations include,but are not limited to: typing services,telephone sales,
barber/beauty services,doctor/dentist office,architects,accountants,music and art lessons,
family day care (5 or fewer persons),food catering,and handcrafting,etc.
Home Occupation—(Grading and Contractors Operation)
• The minimum lot or parcel size shall be five (5)acres.
• All buildings shall be set back a minimum of fifty(50)feet from any side lot line and 200 feet
from the street right of way.
• The operator of the home occupation must reside on the same parcel of land upon which the
Trinity Zoning Ordinance Page 7-24

home occupation is located.
• No outdoor storage of materials is permitted.
• No more than five (5)commercial and/or employee vehicles may be parked at the property at
one time.Vehicles with three axels or more are prohibited.
• One home occupation shall be permitted.
• The home occupation shall not create smoke,odor, dust or noise which would cause health
hazard or nuisance to surrounding property.
• The home occupation shall not be operated on site between the hours of 9 p.m.to 6 a.m.
• The property owner shall screen the use to the highest extent possible from adjoining properties
and roadways using location of the building,existing vegetation, and new vegetation.New
vegetation shall include a row of Leland cypress or similar trees to obstruct the view of the
building.
• The residence must be approved for occupancy and a site plan shall be present prior to permits
being issued to ensure compliance with the above conditions.
6. Live-Work Unit: Construction shall meet requirements of residential and commercial building
codes,and the following:
• Non-residential use areas shall meet accessibility requirements of the North Carolina
Accessibility Code (including site access and parking).
• The maximum total size of Live-Work unit is 3000 square feet and three stories in height.
• The work area shall occupy 50%or less of the total unit.
• Permitted Uses within live-work buildings include retail uses permitted in RM-U district as
well as home occupations.
7. Manufactured Home Parks—
New Manufactured Home Parks -See Special Use provisions parks.
Existing Manufactured Home Parks—Replacement of Homes:
Manufactured Homes may be replaced in existing manufactured home parks by Class A or
B homes and must meet the following requirements:
• Underpinning Requirement.Manufactured homes entering approved manufactured home parks
shall,after the adoption of this Ordinance,and upon installation of the unit,may have a
permanent masonry foundation or vinyl,aluminum,galvanized metal or simulated
rock/masonry panels,underpinning installed.
• Tying Down Manufactured Homes. Every manufactured home placed in the park must be tied
down to resist overturning in the event of high winds.All such tie downs shall be in accordance
with the State of North Carolina Regulations for Manufactured Homes.
• Wheel and Axle Removed. Every manufactured home placed in the park must have
wheels and axles removed.
• Manufactured Homes Front Entrance Requirements.Every manufactured home placed
in the park shall have a concrete pad(5ft x 1Oft x 41n) or a deck or porch (8ft x 12ft)
built of treated lumber and built to North Carolina Building Code specifications at the
front entrance.
Trinity Zoning Ordinance Page 7-25

9. Manufactured Structures, Temporary—Manufactured structures are allowed as temporary
facilities in specific situations:
a. As temporary office quarters but not for human habitation;and
b. As temporary classroom units where,public schools are permitted if the units are approved by
the N.C. Department of Insurance.The Zoning Administrator shall issue temporary use permits
for 12 months,renewable for successive six-month periods if the specific conditions which
created the need for the temporary unit exist.
10. Manufactured Home, Class B-Class B manufactured homes are permitted in manufactured home
parks,not on individual lots unless otherwise stated in the Zoning Ordinance.
11. Public Events—Temporary public events of a civic,religious or of a nonprofit nature may be
issued a temporary zoning permit. Such events shall include but not be limited to outdoor concerts,
revivals,fundraisers,and festivals. Such permits shall be issued for a fixed period,not to exceed 30
days. Public Events shall be permitted in all zoning districts with issuance of a temporary permit.
To receive this permit the applicant must present a site plan showing where the event will take
place,adequate parking,and points of ingress and egress.The applicant must be the coordinator
and contact person for the event. The applicant must also present a letter of approval to use the
property if the applicant is not the property owner.This permit must be applied for before any tents,
equipment or utilities are set up.
12. Public Utility Substations Including Transformer Stations,Pump and Lift Stations, etc.-The
entire facility shall have a security fence at least six feet high unless the structure is secured and
built of brick or concrete. If the installation abuts a residence,it must be at least 50 feet from the
residence and shall be screened from the residence with a thick buffer of evergreen shrubbery or
trees which will reach at least six feet in height. Equipment producing noise in excess of 70
decibels shall be located at least 100 feet from the nearest residence.
13. Residence Single Family Detached (Site Built and Modular) - NCGS 143-139.1 as currently
written or hereafter amended identifies the following construction and design standards for modular
homes to qualify for a North Carolina State Residential Building Code seal or label.
• Roof pitch. -For homes with a single predominant roofline,the pitch of the roof shall be no less
than five feet rise for every 12 feet of run.
• Eave projection.-The cave projections of the roof shall be no less than 10 inches,which may
not include a gutter around the perimeter of the home,unless the roof pitch is 8/12 or greater.
• Exterior wall. -The minimum height of the exterior wall shall be at least seven feet six inches
for the first story.
• Siding and roofing materials.-The materials and texture for the exterior materials shall be
compatible in composition,appearance, and durability to the exterior materials commonly used
in standard residential construction.
• Foundations. -The home shall be designed to require foundation supports around the perimeter.
The supports may be in the form of piers,pier and curtain wall,piling foundations,a perimeter
wall,or other approved perimeter supports.
In addition,the following appearance standard shall apply to all new site-built and modular
residential structures in Trinity:
Trinity Zoning Ordinance Page 7-26

• Foundation Materials-A continuous masonry curtain wall at the foundation shall be required,
un-pierced except for required access and ventilation points.Acceptable facing materials
include brick,decorative concrete masonry units or similar masonry material as approved by
the Zoning Administrator.
Residential structures which cannot meet this standard may appeal to the Board of Adjustment
under the provisions of Article XVI.
Single Family detached,site built and modular homes are allowed under Mixed Residential(RM)
but only with a Planned Unit Development and only when a special use permit is issued.
14. Swimming Pools(as accessory uses)-Pools shall be located so as to comply with the minimum
setback requirements for accessory structures for the district in which it is located. Pools which are
not an integral part of the principal building shall be located a minimum of ten feet from the
principal building. Security Fencing: Swimming pools located outdoors shall be protected by a
fence,or equal enclosure four feet high and equipped with a self-closing and positive self-latching
gate provided with hardware for permanent locking.
15. Agricultural Uses-Livestock-A minimum lot size of 2 1/2 acres shall be required to keep
livestock.Appropriate fencing shall be required to contain the livestock.A zoning permit shall be
required for the construction of any accessory structures associated with livestock use.All livestock
shall be maintained in accordance with the City of Trinity Animal Control Ordinance.
16. Family Care Homes—No family care home shall be in a multi family residence (townhouse,
condominium or apartment.
17. Recycling Processing Facilities. Recycling Processing Facilities are subject to the following
additional standards and requirements:
a. All outside storage shall be enclosed in a structure or a truck trailer.Areas used for storage shall
be screened from view from public Local Roads and Local Streets as well as all adjoining
properties that are zoned for residential use or contain an existing,legal residential use.Required
screening shall employ fencing a minimum of eight(8) feet in height. To supplement required
fencing,a row of evergreen trees selected from the recommended List of Recommended Species
shall be planted in a staggered pattern for every fifteen(15)feet of fencing used along public Local
Roads and Local Streets.Required plantings shall be between the fence and the public road right-
of-way.All fence gating shall be maintained in a operational manner and all gating shall be closed
and secured outside of business hours.
Trinity Zoning Ordinance Page 7-27

b. A minimum separation of five feet shall be maintained along the interior perimeter between all
required screening and stored materials.
c. Outside storage shall not extend into any portion of the Front Yard or any Side Yard fronting on
a public Local Road or Local Street.
d. Recycling Processing Facilities shall be maintained in a manner to limit dust from drifting onto
adjoining properties. Weeds and grass heights shall be controlled within the property and along
public rights-of—way.
Trinity Zoning Ordinance Page 7-28

ARTICLE VIII
CONDITIONAL ZONING
Section 8-1 Objectives and Purposes
The rezoning of land to a conditional zoning is intended to provide the landowner and the City the ability
to prepare for the challenges that come with high-density development. This includes, but not limited to,
timing, transportation, landscaping, sewer, trash, lighting, and environmental standards. Some
environmental impacts to be looked are wetland location,buffering, stormwater,and recreational areas.
Items in Section 8-3 are required for that land use in a conditional rezoning.However,additional conditions
or restrictions on the range of allowable uses, use standards, development intensities, development
standards,and other regulations applicable to the property.This enables the City and the landowner to tailor
a zoning classification to accommodate desirable development while avoiding or addressing anticipated
problems that may arise from development otherwise allowed.
Section 8-2 Application
The process for a conditional use rezoning is the same as a regular rezoning.Development in a conditional
zoning shall be subject to all the use and development standards and requirements that apply to the general
rezoning. However, specific requirements are required certain land types, and those uses are specifically
detailed below in Section 8-3.
As part of the conditional use rezoning,a site plan will be required of the proposed development along with
any other studies/reports that are required by the City of Trinity before going in front of City Council.
Section 8-3 Land Uses that Require a Conditional Rezoning.
Use: Adult Establishments
Zoning District: M-1
Information Required for The following information is required for the Conditional Zoning:
Special Use Permit
Application: a) Name,address,and age of the applicant;or if a partnership,the
names,addresses and ages of the persons who constitute such
partnership; or if a corporation,the names,addresses and ages of its
directors,officers,and principal stockholders. Each application
shall also include the names,ages and addresses of all present
employees.
b) A complete statement of convictions of any person whose name is
required to be given in paragraph(a)for any crime other than traffic
violations,including but not limited to,any felony,prostitution or
violation of any local ordinance or state law related to adult
establishments,pornography,or indecent exposure.
c) A description of any other business to be operated on the same
premises or on adjoining premises owned by or controlled by
anyone listed in(a)above.
Trinity Zoning Ordinance Page 8-1

Location Restrictions: No adult establishment may be located within 1500 feet of residence,
school,church,community center,community college,community
recreational facility,government owned facility,or another adult
establishment
All measurements shall be made by drawing straight lines from the
nearest point of the lot line where the proposed adult establishment is to
be located to the nearest point of the lot line or boundary of the closest
residence or other use enumerated above.
Light and Noise: Flashing lights or fluttering devices designed and used to attract
attention are not permitted.
Amplification of sound directed outside the building used by the
establishment is also not permitted.
Verification of Application The application for a special use permit for an adult establishment shall
Information: be acted on as prescribed by this ordinance. In addition:
a) The City shall be given 30 days from receipt of a properly
completed application form to verify the information contained in
the application before any further steps are taken.
b) The application must contain no misstatement of fact.
c) The applicant,or any person having a legal or beneficial interest in
the establishment,or any employee cannot have been convicted of
any crime or ordinance violation involving sexual misconduct,
including but not limited to G.S.14-177,G.S. 14-202.1,G.S.14-203,
G.S. 14-208,or any local, state or federal law related to
racketeering or the possession, sale or distribution of a controlled
substance.
Compliance with applicable The applicant must conform to all requirements of applicable law,
ordinances and codes: including building and fire prevention codes and the approval has been
obtained pursuant to zoning requirements provided by law.
Trinity Zoning Ordinance Page 8-2

Use: Alcohol Establishment
Zoning District: M-1, M-2
Information Required for The following information is required for Conditional Zoning:
Special Use Permit
Application: a) Name,address and age of the applicant;or if a partnership,the
names,addresses and ages of the persons who constitute such
partnership; or if a corporation,the names,addresses and ages of its
directors,officers and principal stockholders. Each application
shall also include the names,ages,and addresses of all present
employees.
b) A description of any other business to be operated on the same
premises or on adjoining premises owned by or controlled by
anyone listed in(a)above.
Location Restrictions: No such establishment shall be located within 1500 feet of a church,
school,daycare,or publicly owned property,or 500 feet from
residentially zoned property.
No such establishment shall be located within 500 feet of any other
alcohol establishment
Light and Noise: Flashing lights or fluttering devices designed and used to attract
attention are not permitted.
Amplification of sound directed outside the building used by the
establishment is also not permitted.
Street Location: The main entrance of the building shall be toward a street zoned
predominately for non-residential uses.
Fencing: A minimum 6-foot-high opaque fence shall be erected adjacent to the
property line of abutting residences.
Parking: Parking areas related to the establishment shall be located no closer than
30 feet to the property line of abutting residences.
Trinity Zoning Ordinance Page 8-3

Use: Apartments.
Zoning District: RM, RM-U
Density Density: 12,000 square feet,plus 3,000 square feet for each
additional unit over 2.
Site Plan Site Plan: The site plan shall show the location of the building,
streets,walkways,parking,(as per Article XII)recreational areas
and facilities within the site;all existing buildings and structures
within one hundred(100)feet; and public or private easements or
rights-of-way adjoining or intersecting such property.
Design Standards Timing: Proposed schedule of development phases.
Included in Site Plan:
Circulation: Proposed points of ingress and egress and proposed
pattern of internal automobile and pedestrian circulation.
Landscaping: When a proposed apartment complex abuts a
residentially zoned lot,the complex must adhere to the following
landscaping requirements.
a) At least two(2)rows of evergreen trees which may be selected
from the recommended List of Recommended Species(on file
with the Zoning Administrator) shall be planted. Trees shall
have a minimum height of three feet(3')when planted. The
rows shall be spaced seven feet(T)apart and centered within
the buffer strip. Tree spacing shall be eight feet(8')off
centered with trees in adjacent rows offset(staggered)four
feet(4'); and a solid visual barrier fence six feet(6')in height
shall be erected around any loading,unloading, or outdoor
storage areas; and
b) Earth berms may be used in conjunction with planting to
satisfy height requirements;but slopes shall not exceed one
foot(1')to two feet(2')horizontal.
c) At least one (1)deciduous tree shall be planted along the street
no less than ten feet(10')off of the right-of-way(on private
property),for each forty feet(40')of street frontage or fraction
thereof for new construction or extensive rehabilitation. Each
tree shall be at least one and one-half inches(1 '/2")in caliper
and may be selected from the List of Recommended Species
or otherwise approved by the Zoning Administrator and shall
be provided with adequate space for water percolation and root
growth. In lieu of this requirement,the developer shall
provide a Landscaping Plan and detailed plant list,
approved by the Planning Director or Zoning Administrator,
which provides for a variety of plantings which achieve the
desired aesthetic goals of the buffering requirement.
Trinity Zoning Ordinance Page 8-4

Traffic: A developer shall present a traffic analysis on projected
traffic counts at peak hours and proposed plans to mitigate any
congestion associated with the development.
Utilities: Proposed provisions for storm drainage and sanitary
sewerage,approved by a N.C. certified registered engineer.
Proposed solid waste storage facilities consisting of a minimum
10' X 20' concrete pad with vehicle apron and a six foot(6')high
stockade fence on minimum of three (3)sides with six foot(6')
high ballads to protect said fence.
Proposed water system and firefighting facilities such as hydrants
or sprinkler connections.
All plans showing utility construction details must meet the
current specifications of the City of Trinity.
Types of surfacing, slope,grade and cross section of drives,
sidewalks,malls,etc. Private streets shall be designed to assure
proper access and turn around for service and emergency vehicles.
Buffering: Location and heights of all fences,walls, and hedges.
Environmental Impact:
Lighting plan: A lighting plan shall be provided that shows the
type,height and density of all outdoor lighting.
When abutting a residential district lighting shall be designed so as
not to create a nuisance on abutting property owners. The
maximum illumination at the edge of the property line adjacent to
a residential zoning district is '/2 foot candles.
Recreation Area: Location and amount of recreation area,if any.
Signage: Size and proposed location of any freestanding signs.
Placement of Buildings: There shall be maintained at least
twenty(20)linear feet of open space between individual and
unattached buildings of one story and thirty(30)linear feet
between building two stories or greater in an apartment
development;
Setbacks from public street right-of-ways shall be the same as
required by the zoning district where the apartments are located;
and
Any group of buildings forming a courtyard shall have at least
twenty-five (25%)percent of the perimeter of such courtyard open
for access by emergency vehicles.
Trinity Zoning Ordinance Page 8-5

Use: Automobile Sales (New or Used) or Rental/Leasing
Zoning District: HC;M-2;M-1
Plans: Plans shall be presented which show:
Setbacks
Location and layout of all buildings
Fencing, screening, and landscaping
Provision for minimizing and slowing runoff from the site.
Sales Facilities: Sales facilities shall be in permanent site-built structure.Buildings shall
consist of at least 80%of the following materials: utility brick, stucco,
synthetic,colored split faced block,tile,or other similar high-quality
materials.
Setback: Vehicles for sale,rent,or lease, shall be set back from public streets and
adjoining property lines a minimum of one-half(1/2)the minimum
building setback.
Parking: All sales and parking lots shall be paved.
Lighting: All lighting shall be directed away from adjoining residential properties.
Trinity Zoning Ordinance Page 8-6

Use: Condominiums
Zoning District: RM&RM-U
Density Densi . 12,000 square feet,plus 3,000 square feet for each
additional unit over 2.
Site Plan The site plan shall show the location of the building, streets,
walkways,parking,recreational areas and facilities within the site;
all existing buildings and structures within one hundred(100)feet;
and public or private easements or rights-of-way adjoining or
intersecting such property.
Design Standards Timing: Proposed schedule of development likely to be followed
Included In Site Plan: shall be submitted.
Common Areas: All condominium developments shall contain
commonly owned land for the use of residents of the development.
Landscaping_ When a proposed apartment complex abuts a
residentially zoned lot,the complex must adhere to the following
landscaping requirements.
a) At least two(2)rows of evergreen trees whish may by selected
from the recommended List of Recommended Species(on file
with the Zoning Administrator) shall be planted. Trees shall
have a minimum height of three feet(3')when planted. The
rows shall be spaced seven feet(7')apart and centered within
the buffer strip. Tree spacing shall be eight feet(8')off
centered with the trees in adjacent rows offset(staggered four
feet(4'); and a solid visual barrier fence six feet(6')in height
shall be erected around any loading,unloading,or outdoor
storage areas; and
b) Earth berms may be used in conjunction with planting to
satisfy height requirements;but slopes shall not exceed one
foot(1')to two feet(2')horizontal.
c) At least one (1)deciduous tree shall be planted along the street
no less than ten feet(10')off of the right of way(on private
property),for each forty feet(40')of street frontage or fraction
thereof for new construction or extensive rehabilitation. Each
tree shall be at least one and one-half inches(1 '/2)in caliper
and may be selected from the List of Recommended Species
or otherwise approved by the Planning and Zoning
Enforcement Officer and shall be provided with adequate
space for water percolation and root growth. In lieu of this
requirement,the developer shall provide a Landscaping plan
and detailed plant list,approved by the Planning and Zoning
Enforcement Officer,which provides for a variety of plantings
which achieve the desired aesthetic goals of the buffering
requirements.
Trinity Zoning Ordinance Page 8-7

Traffic: A developer shall present a traffic analysis on projected
traffic counts at peak hours and proposed plants to mitigate any
congestion associated with the development.
Plans and Declaration: Before a declaration establishing a unit,ownership development
may be recorded in the office of the Randolph County Register of
Deeds as prescribed in the North Carolina Unit Ownership Act,
the declaration and plan shall be approved by the City Council.
No unit shall be conveyed until the declaration and plan have been
approved by the City Council and recorded in the Office of the
Randolph County Register of Deeds._
Homeowners Association: The establishment of a homeowners association shall be mandatory.
The homeowners association shall be organized and established as
a legal entity before or as a part of the final plat is approved and
recorded. Membership in the homeowners association is
mandatory for each original purchaser and each successive
purchaser of a residential site.
The homeowners association shall be responsible for payment of
premiums for liability insurance,local taxes,maintenance for
recreational and other facilities located on the common areas,
payment of assessments for public and private capital
improvements made to or for the benefit of the common areas,
maintenance and repair to the exterior of all attached residences
located within the development or other common area facilities. It
shall be further provided that upon default by the homeowners
association in the payment to the governmental authority of any ad
valorem taxes levied against the common areas or assessments for
a period of six(6)months,then each owner of a residential site in
the development shall become obligated to pay to the taxing or
assessing governmental authority a portion of such taxes or
assessments in an amount determined by dividing the total taxes
and/or assessments due to the governmental authority by the total
number of residential sites in the development. If the sum is not
paid by the owner within thirty (30)days following receipt of
notice of the amount due,then the sum shall become a continuing
lien on the residence of the then owner,his heirs,governmental
authority may either bring an action at law against the owner
obligated to pay the same or may elect to foreclose the lien against
the residence of the owner.
The homeowners association shall be empowered to levy
assessments against the owners of residential sites within the
development for the payment of expenditures made by the
homeowners association for the items set forth in the preceding
subparagraph and any such assessment not paid by the owner
against whom such are assessed shall constitute a lien on the
residence of the owner.
Trinity Zoning Ordinance Page 8-8

Homeowners Association Proposed Articles of Incorporation. Such Articles of
Documents To Be Incorporation shall provide for homeowners control when over
Submitted: 50% of the dwelling units are sold.
Proposed bylaws. Such bylaws shall provide for annual meetings
of the association,election of officers, and distribution of an
annual financial accounting to members.
Proposed annual budget. The association shall have an annual
budget showing monthly assessments. The monthly assessments
must be set at a sufficient level to insure success of the
association.
Proposed restrictions and covenants. for the common area and
residential sites.
Declaration: The Declaration shall be a complete legal document prepared in
accordance with the North Carolina Unit Ownership Act and shall
be submitted along with a plan drawing described below.
The plan of the proposed development shall be prepared and shall
contain the following particulars:
The unit designation of each unit and a statement of its location,
approximate area,number of rooms, and immediate common area
to which it has access and any other data necessary for its proper
identification.
Description of the general common areas and facilities as defined
in the North Carolina Unit Ownership Act and the proportionate
interest of each unit owner therein;
Description of all boundary lines between portions of the structures
designed for different ownership;
Description of all garages,balconies,patios, etc.,which form a part
of each unit;
Description of any special common areas and facilities stating
what units shall share the same and in what proportion;
Proposed water system and firefighting facilities such as hydrants
or sprinkler connections;
Types of surfacing, slope,grade and cross section of drives,
sidewalks, malls, etc. (private streets shall be designed to assure
proper access and turn around for service and emergency
vehicles);
The location and amount of parking spaces as per Article XII;
Trinity Zoning Ordinance Page 8-9

The location and heights of all fences,walls,and hedges shall be
shown;
Location and amount of recreation area;
Signs: Size and proposed location of any freestanding signs along
the public street
Utilities: All plans showing utility construction details must meet
the current specifications of the City of Trinity; and
Proposed provision for storm drainage and sanitary sewerage,
approved by a N.C. certified registered engineer.
Solid Waste: Proposed solid waste storage facilities consisting of a
minimum 10' x 20' concrete pad with vehicle apron and a six foot
(6)high stockade fence on minimum of three(3)sides with six foot
(6)high bollards to protect said fence;
Lighting plan: A lighting plan shall be provided that shows the
type,height and density of all outdoor lighting.
When abutting a residential district lighting shall be signed so as
not to create a nuisance on abutting property owners. The
maximum illumination at the edge of the property line adjacent to
a residential zoning district is '/2 foot candles.
Placement of Buildings: Space Between Buildings: There shall be maintained at least
twenty(20)linear feet of open space between individual and
unattached buildings of one story and thirty(30)linear feet
between building two stories or greater in a condominium
development;
Setbacks: Setbacks from public street right-of-ways shall be the
same as required by the zoning district where the condominium
development is located; and
Co ards: Any group of buildings forming a courtyard shall
have at least twenty-five (25%)percent of the perimeter of such
courtyard open for access by emergency vehicles.
Construction; Final Because a"final"plan may not be possible until an engineering
Engineering Survey survey has been made of the constructed condominium,City
Council may permit the applicant to build under conditional
zoning providing all items other than the final engineering survey
data of the boundary line have been provided by the applicant and
approved by Council.
Recording of Declaration No declaration and plan shall be recorded until all final boundary
and Plan description have been added to the plan and approved by the
Zoning Administrator.
Trinity Zoning Ordinance Page 8-10

Use: Electronic Gaming Operations
Zoning District: M-1,M-2
Standards for Evaluation The following specific standards shall be used to evaluate an
application for approval of this use:
a) Electronic Gaming Operations are not allowed as an accessory
use.
b) Minors are not allowed on the premises of any Electronic
Gaming Operation.
c) No Electronic Gaming Operation shall be established within:
a. Five hundred(500)feet of a residentially zoned lot
line or lot line of a parcel in residential use; or
b. One thousand(1,000)feet of any place of worship,
school,park,playground,convent,or library; or
c. A one thousand(1,000)foot radius of another
Electronic Gaming Operation.
The location and amount of parking spaces as per Article XII;
The location and heights of all fences,walls,and hedges shall be
shown;
Location and amount of recreation area;
Signs: Size and proposed location of any freestanding signs along
the public street
Utilities: All plans showing utility construction details must meet
the current specifications of the City of Trinity; and
Proposed provision for storm drainage and sanitary sewerage,
approved by a N.C. certified registered engineer.
Solid Waste: Proposed solid waste storage facilities consisting of a
minimum 10' x 20' concrete pad with vehicle apron and a six foot
(6')high stockade fence on minimum of three(3)sides with six foot
(6')high ballards to protect said fence;
Lighting plan: A lighting plan shall be provided that shows the
type,height and density of all outdoor lighting.
When abutting a residential district lighting shall be signed so as
not to create a nuisance on abutting property owners. The
maximum illumination at the edge of the property line adjacent to
a residential zoning district is '/2 foot candles.
Placement of Buildings: Space Between Buildings: There shall be maintained at least
twenty(20)linear feet of open space between individual and
unattached buildings of one story and thirty(30)linear feet
Trinity Zoning Ordinance Page 8-11

between building two stories or greater in a condominium
development;
Setbacks: Setbacks from public street right-of-ways shall be the
same as required by the zoning district where the condominium
development is located; and
Co ards: Any group of buildings forming a courtyard shall
have at least twenty-five (25%)percent of the perimeter of such
courtyard open for access by emergency vehicles.
Construction; Final Because a"final'plan may not be possible until an engineering
Engineering Survey survey has been made of the constructed condominium,City
Council may permit the applicant to build under the conditional
zoning,providing all items other than the final engineering survey
data of the boundary line have been provided by the applicant and
approved by Council.
Recording of Declaration No declaration and plan shall be recorded until all final boundary
and Plan description have been added to the plan and approved by the
Zoning Administrator.
Trinity Zoning Ordinance Page 8-12

Use: Manufactured Home Parks
Zoning District: RM
Minimum Lot Size: a) 40,000 sq. 'with individual well and septic tank;40,000 sq.'inside
watershed
b) 15,000 sq. 'with individual septic tank and public or community
water system;40,000 sq. 'inside watershed
c) 7,500 sq. 'with individual well and public community sewer;
12,500 sq. 'inside watershed
d) 7,500 sq. 'with public or community water and sewer system;
12,500 sq. 'inside watershed
Any and all lot sizes may be increased by the City Council to protect
public health, safety and welfare
Class A and Class B Homes Class A and Class B manufactured homes may be placed in a
Permitted; Tie Downs and manufactured home park. Class C manufactured homes are a
Appearance nonconforming use and may not be placed in a manufactured home
park.
Additional criteria:
a) Underpinning Requirement. Manufactured homes entering
approved manufactured home parks shall,after the adoption of this
Ordinance, and upon installation of unit,have vinyl,aluminum,
galvanized metal or simulated rock/masonry panels,underpinning
installed.
b) Tying Down Manufactured Homes. Every manufactured home
placed in the park must be tied down to resist overturning in the
event of high winds. All such tie downs shall be in accordance with
the State of North Carolina Regulations for Manufactured Homes.
c) Wheel and Axle Removal. Every manufactured home placed in the
park must have wheels and axles removed.
d) Manufactured Homes Front Entrance Requirements. Every
manufactured home placed in the park shall have a concrete pad
(5ft.x 1 Oft.x 4m.)or a deck or porch(8ft.x 12ft.)built of treated
lumber and built to North Carolina Building Code specifications at
the front entrance.
Setbacks: a) Park Setback Requirements.
Front 30 ft.from street lines
Rear exterior 25 ft.,from rear property line
Side interior 10 ft.,from adjoining parcels
Trinity Zoning Ordinance Page 8-13

Side street 30 ft. from side street line
b) A manufactured home shall be sited so that:
• It is located at least twenty-five feet(25)from adjacent
homes and
• A minimum five (5)foot setback from adjacent home
spaces is maintained.
c) Parking spaces shall be at least five (5)feet from adjacent home
spaces.
Parking: Each park shall provide at least two(2)parking spaces per home. The
minimum size of each space shall be eight and one-half feet(8 '/2)feet
by eighteen(18)feet. Parking spaces shall be at least five (5)feet from
adjacent home spaces.
Signage: Each manufactured home park shall have located at its entrance,
perpendicular to the public road,a permanent sign not to exceed sixteen
(16)sq. ft. and not less than twelve (12) sq. ft.,indicating the park name
in a minimum of six(6)inch letters on both sides of the sign.
• The sign shall be bordered with shrubs or other year-round
plantings that are maintained so as to enhance the park
entrance.
• Any lighting of the sign shall be directed so that adjacent
properties are not subject to glare.
All signage must comply with the Randolph County 911 addressing
requirements.
Identification of Spaces: Each proposed home space in a manufactured home park shall be
clearly marked by a permanent home space number sign or marker.
The home space number shall be of a size,reflectivity and color and in
a location which is readily identifiable by emergency personnel and
inspectors. All home space number signs shall be consistent within a
park and must be approved by the Randolph County 911 addressing
requirements.
Spaces Staked: Mobile home spaces shall be properly staked.
Open Space: Each park containing ten(10)or more home spaces shall provide at
least one (1) specifically designated passive recreational area amounting
to 200 sq. ft.per home space.
Landscaping: a) Internal-Landscaping shall be provided throughout the park with
ample trees and shrubs to provide shade and break up open areas.
All banks and open areas shall be grassed.
b) External—A continuous border of trees or shrubs shall be planted
along the perimeter of the park to provide a visual break between
the park and adjacent uses.
Trinity Zoning Ordinance Page 8-14

Roads and Streets: a) Each manufactured home park shall have public access. Entrance
from a public highway shall meet all North Carolina Department of
Transportation specifications.
b) Roads shall be constructed to North Carolina Department of
Transportation,Division of Highways,minimum standards. All
interior streets shall be retained as private streets on manufactured
home park property
c) All roads shall be paved.
d) All roads within new parks or additions to existing parks shall have
a forty-five (45) foot minimum right-of-way and maintain a four(4)
inch minimum stabilized base.
e) Cul-de-sacs shall be provided with a turnaround for emergency
service and vehicles,having forty(40)foot radius.
No Development in Flood Manufactured home parks shall not be located in a designated flood
Plain: plain,and those located on ground that is susceptible to flooding should
be graded so as to prevent any water from ponding or accumulating on
the premises. Where storm drainage pipes are located in adjacent
streets,underground drainage facilities with connections to the storm
drainage system shall be provided for the manufactured home park.
Topographic information and National Flood Insurance elevations shall
be provided to determine areas susceptible to flooding.
Preliminary Plan Review: A preliminary plan shall be submitted to the Planning Board for review
and the City Council for review and approval. Such preliminary plan
shall be drawn at a scale of not less than one-hundred(100)feet to the
inch and shall show the following on one or more sheets:
a) The name of the manufactured home park,the names and addresses
of the owner(s)and the designer of the park;date,approximate north
arrow and scale; and the boundary line of the tract with accurate
linear and angular dimensions drawn to scale;
b) Locations of existing and platted property lines,streets,buildings,
water courses,railroads,bridges,water mains, sewers,culverts,
drain pipes and any utility easement on the land to be developed as
a manufactured home park. The names of owners of adjoining
properties shall also be shown.
c) The names, proposed location and approximate dimensions of
proposed streets, alleys, driveways, entrances, exits, walkways,
easements, recreation areas, parks and other spaces, reservations,
Trinity Zoning Ordinance Page 8-15

trailer spaces and building lines within the park. This information
should be graphical only,not requiring detailed computations or field
work above that required to obtain the above information; and
d) Plans of proposed utility layouts (sewer lines, water lines, storm
drainage,etc.)showing feasible connections to existing and proposed
utility systems; plan for location and height of electric lighting, and
the location and number of garbage receptacles;
Final Plan Review and Two copies of the final plan shall be submitted to the Planning Board
Public Hearing: for review and to the City Council for final approval,pending public
hearing for the Conditional Zoning. It shall conform with the
preliminary plan as approved. If desired by the applicant,it may
constitute only that portion of the approved preliminary plan to be
developed at the time;provided,however,that such portion conforms to
the minimum requirements of this Section. The final plan shall be
submitted on mylar(reproducible sheets)either fifteen(15)inches by
twenty-one (21)inches or twenty(20)inches by twenty-four(24)inches
in size,to a scale of not less than one(1)inch equals one-hundred(100)
feet. It shall contain the following:
a) A site plan with the same graphical information required for the
preliminary plan;
b) Name of the manufactured home park,names and address of
owner(s) and park designer.
c) Date,approximate north arrow and scale;
d) Boundary line of the tract with accurate linear and angular
dimensions drawn to scale;
e) Names,location and dimensions of proposed streets,driveways,
entrances,exits,walkways,easements,recreation areas, and other
open spaces,reservations,manufactured home spaces and building
lines within the park. The information should be drawn accurately
with detailed computations and field work completed.
f) Final engineering plans of proposed utility layouts(sewer lines,
water lines,storm drainage,etc.) showing feasible connections to
existing and proposed utility systems;plan for location and height
of electric lighting; and location and number of garbage receptacles.
Notice shall be given and a public hearing held according to the
provisions of this Article.
Procedure after Conditional a) The Zoning Administrator shall send a copy of the survey plat to
the Land Quality Section,Division of Environmental
Trinity Zoning Ordinance Page 8-16

Zoning is Approved. Management,North Carolina Department of Environment,Health
and Natural Resources,when it is deemed necessary.
b) Following the issuance of the permit, the Health Department shall
release improvement permits to the developer,who may then begin
development.
c) After road construction has been completed, the Zoning
Administrator shall verify that all new roads have been built as
required in section 75.3(e).
d) When all improvements as required by this Ordinance have been
completed,a Certificate of Manufactured Home Park Operation
shall be issued. The Certificate of Manufactured Home Park
Operation shall be signed by the Zoning Administrator and Mayor
certifying that the manufactured home park is in compliance with
all city,county and state regulations. This shall apply to new
parks or expansions to existing parks. The manufactured home
park developer may then begin placing manufactured homes in the
park.
e) The manufactured home park developer may begin placing
manufactured homes in the park before all improvements have
been completed and a Certificate of Manufactured Home Park
Operations has been issued if the Planning Board grants a waiver
allowing the posting of a performance bond that insures
completion of improvements. The bond shall be 100%of the cost
of completion as determined by the Zoning Administrator. In
granting this waiver,the Planning Board shall find that the public
welfare, safety and health will not be endangered. In those cases
where improvements have not been installed within the terms set
by the Planning Board,the Board may declare the bond in default
and require all improvements to be installed. The City will take
such actions necessary to collect on the defaulted bond and
provide for the required improvements.
Compliance with A permit to develop a manufactured home park may be revoked by the
Requirements of Permit: City Council upon a finding of fact,after notice and hearing,that a
violation of the requirements of this Ordinance exists. The Owner,
Lessee,or other responsible person shall be notified in writing of such
violation,and shall accept service personally or by certified mail with
signed return receipt. The date for hearing shall be set no earlier than
thirty(30)days from the date or receipt of said notice. Upon correction
of said violation satisfactory to the Zoning Administrator,the Notice of
Hearing may be withdrawn and the hearing canceled,or the Owner,
Lessee or other responsible person may re-apply for the required permit.
Trinity Zoning Ordinance Page 8-17

Requirements Applicable to Manufactured Home Park Owners
And
Criteria Applicable to All Homes in Manufactured Home Parks
Requirements Applicable to Park Management
A) Erosion Control-An erosion control plan which provides information as specified in the
regulations of Land Quality Section of the North Carolina Department of Natural Resources and
Community Development shall be submitted to the state agency for all manufactured home parks
where one or more acres of land is disturbed.
B) Manufactured Home Park Ownership-Manufactured home park operators shall be required under
this ordinance to specifically comply with GS 105-316(a)(1),which requires that each year
manufactured home park operators furnish the County Tax Supervisor with the name of the
owner and a description of each manufactured home located in the park.
C) Sale of Parks or Lots-Manufactured home parks may not be sold or transferred unless the
existing water and sewer systems meet Health Department standards. Individual spaces in a
manufactured home park may not be sold unless the individual lot size and road construction
meet all county and state regulations.
D) Animal Control-Manufactured home park owners shall establish park regulations to insure
adequate control of animals.
E) Garbage Disposal -The collection of trash and garbage and their disposal shall be provided for in
such a manner as to maintain a clean and orderly appearance.Junked vehicles,appliances,
furniture,and similar materials shall not be allowed to accumulate on manufactured home park
premises.
F) Fencing of Private Sewage Treatment Plants-Private sewage treatment plants as approved by the
North Carolina Division of Environmental Management shall be required to be enclosed with a
chain link fence a minimum of seven feet in height and locked when the plants are unattended.
G) Water Supply-All Manufactured Home Parks with less than 15 spaces or less than 25 people,
shall provide a safe,potable and adequate water supply. Safe shall be defined as free of bacteria
and chemicals that are detrimental to public health; and adequate being defined as providing
enough water for normally accepted standards of domestic use.
H) 911/Addressing. All manufactured home parks must comply with the County 911/Addressing
Regulations.
I) Commercial Operations within a Manufactured Home Park. Commercial operations are prohibited
within a manufactured home park.
J) Roads. All access roads must be maintained in a manner as to provide adequate and safe egress
and ingress.
K) Certificate of Manufactured Home Park Operation. All manufactured home parks shall obtain a
Certificate of Operation.
Trinity Zoning Ordinance Page 8-18

L) Inspections. All manufactured home parks shall be inspected bi-annually for compliance by the
City Zoning Administrator.
M) Electrical Releases. All manufactured home parks shall be required to be in full compliance with
the regulations of this section prior to issuance of electrical service for individual manufactured
homes.
N) Conflict with Health Department Regulations. In the event the State or County Board of Health
has adopted or adopts regulations governing manufactured homes or manufactured home parks,
the requirements of this ordinance or the requirements of the State or County Board of Health,
whichever is more stringent, shall govern.
Criteria Applicable to New and Replacement Homes in Existing Manufactured Home Parks
O) Class A and B—Only a Class A home or a Class B home may be placed in a manufactured home
park. Class C homes are a nonconforming use. If a Class C home exists,it may not be replaced
with another Class C home.
P) Underpinning Requirement. Manufactured homes entering approved manufactured home parks
shall, after the adoption of this Ordinance, and upon installation of unit, have vinyl, aluminum,
galvanized metal or simulated rock/masonry panels,underpinning installed.
Q) Tying Down Manufactured Homes. Every manufactured home placed in the park must be tied
down to resist overturning in the event of high winds. All such tie downs shall be in accordance
with the State of North Carolina Regulations for Manufactured Homes.
R) Wheel and Axle Removal. Every manufactured home placed in the park must have wheels and
axles removed.
S) Manufactured Homes Front Entrance Requirements. Every manufactured home placed in the park
shall have a concrete pad(5ft.x 1 Oft.x 41n.)or a deck or porch(8ft.x 12ft.)built of treated lumber
and built to North Carolina Building Code specifications at the front entrance.
Trinity Zoning Ordinance Page 8-19

Use: Nursing Homes,Assisted Living
Zoning District: RA, R-40, RM,
Plans Required: a) Structures - Location and approximate size of all existing and
proposed buildings and structures within the site and on the
lots adjacent thereto.
b) Circulation - Proposed points of access and egress and pattern
of internal circulation
c) Parking and Loading - Layout of parking spaces
Parking and Loading: One space for each assisted living unit;plus one space for each 3
resident nursing beds;plus staff parking.
Operation: a) The facility shall provide centrally located shared food
preparation, service and major dining areas.
b) Common recreation, social and service facilities shall be
provided at a minimum rate of thirty(30) square feet per
dwelling unit or per rooming unit.
c) All facilities shall be solely for the use of residents and their
guests.
d) Facilities for administrative services and limited medical services
for the exclusive use of the resident shall be located on the site.
Other Requirements: Must meet all requirements for licensing by the State of North Carolina.
Where located in a residential district,there must be ample site area,
adequate open space on all sides of the proposed structure and other
considerations,including landscaping,to the character of the
neighborhood so that its residential nature will be preserved.
Trinity Zoning Ordinance Page 8-20

Use: Planned Building Groups,Commercial or Industrial
Zoning District: OI, HC, M-1, M-2
Site Plan_ The site plan shall show the location of the buildings, streets,
walkways,parking areas,casements or rights-of-way adjoining or
intersecting the property,and shall also include:
a) Proposed provisions for storm drainage and sanitary sewerage,
approved by a N.C. certified registered engineer;
b) Size and proposed location of any freestanding signs;
c) Proposed solid waste storage facilities consisting of a minimum
10' X 20' concrete pad with vehicle apron and a six foot(6')high
stockade fence on minimum of three (3)sides with six foot(6')
foot high bollards to protect said fence;
d) Proposed water system and fire fighting facilities such as
hydrants or sprinkler connections;
c) The location and heights of all fences,walls,and hedges shall be
shown;
f) Lighting plan: All lighting shall be directed away from all
residential zoned areas;and the location and height of all lighting
shall be shown;
g) All plans showing utility construction details must meet the
current specifications of the City of Trinity.
Parking: As required by Article 13.
Timing: Developer shall submit a proposed schedule of development likely to
be followed.
Trinity Zoning Ordinance Page 8-21

Use: Radio Controlled Race Car Tracks
Zoning District: M-1, M-2
Plans Required: Plans shall be submitted which show layout and placement of the track
and any buildings; parking,ingress,and egress,plans for controlling
stormwater runoff from the site, signage and landscaping.
Storage: No outside storage is permitted on-site.
Operation: The City and the operator shall mutually agree on days and hours of
operation which shall be written into the Conditional Zoning and posted
on site.Violation of the hour's operation shall be a violation of the
Zoning Ordinance.
Lighting: Lights shall be arranged so that no light or glare is directed into a
residence.
Screening: An opaque screen at least eight feet high shall be provided along
each property line adjoining a residentially zoned district.
Trinity Zoning Ordinance Page 8-22

Use: Retail and Membership Warehouses,Building,Home and
Garden, and Other Retail Stores over 25,000 sq. ft. in Size
Zoning District: HC,M-1, M-2
Plans Required: Plans shall be submitted which show layout and placement of buildings,
ingress, and egress,plans for minimizing stormwater runoff from the
site,parking, signage and landscaping.
Parking: a) Parking shall be distributed around the principal building with
significant parking areas at the side and rear of the building to
reduce parking area between the front fagade of the principal
building and the street.
b) There shall be a landscaped planting yard at least 10 feet wide
between the street and all off-street parking areas.
c) Parking areas shall be interspersed with trees and planting areas
absorb stormwater and break up the view of hard surfaces and
parked cars.
Stormwater Control: The site design shall incorporate features such as grassy and/or planted
berms, swales,and planting areas throughout parking lots and other
hard surfaces to retain dispersed rainfall on site and significantly reduce
runoff.
Storage: Outside storage shall be completely screened from view from all streets.
Security fencing,a minimum of six feet in height, shall be provided
around all outside storage yards. All storage areas shall be maintained
in a manner to limit dust from drifting onto adjoining properties.
Where storage yards abut a residential use,the storage area shall be
screened and buffered by plantings at least six feet tall.
Lighting: Lights shall be arranged so that no light or glare is directed into a
residence.
Screening: Where the retail establishment is adjacent to residential uses, an
earth berm planted with evergreen trees is required.
Trinity Zoning Ordinance Page 8-23

Use: Service Stations, Convenience Stores with Gas Pumps
Zoning District: HC
Lot Area and Frontage: Each such station shall have a minimum lot area of 6000 square feet
with a frontage of not less than 100 feet.
Automobile Storage: Outdoor automobile storage is not permitted in conjunction with service
stations in these districts.
Setbacks: No portion of a service station building,or fixtures shall be nearer than
25 feet from the curb line.
Landscaping: A six-foot-high fence and suitable landscaping shall be provided when a
service station abuts a residential district or use.
Trinity Zoning Ordinance Page 8-24

Use: Shooting Ranges, Outdoor
Zoning District: RA &R-40
Site Plan: The site plan shall show:
a) Location of any and all buildings on the site and adjacent
properties
b) Proposed shooting range(s)and targets and their proximity to
adjacent properties.
c) Firing line requirements.
d) Backstop requirements.
e) Operating hours of shooting range.
Minimum Acreage A five (5)acre minimum site is required for new shooting range
operations.
Siting Requirements: Primary backstops shall be required,located one hundred(100)yards
or less from the firing point,at least eight(8)feet high,ten(10)feet
thick at the base and two(2)feet thick at the top and sufficiently wide
to extend five (5)feet beyond both sides of the center of the target.
For each additional one hundred(100)yards of distance from the
firing point,two(2)feet in height and one(1)foot in width shall be
added to the dimensions of the backstop.
A site location having special conditions of natural topography for a
primary backstop and meeting the above dimensions shall be
considered for meeting minimum requirements. These backstop
requirements shall not apply to the shot gun shooting activities which
do not involve the use of slugs(i.e. skeet,trap and sporting clays.)
Setback: No outdoor firing line shall be located closer than 300 ft. of any
exterior property line.
Hours of Operation: The discharge of firearms at outdoor shooting ranges shall be
prohibited between sunset and sunrise. Sunday discharge of firearms
shall be allowed from Noon until 9:00 p.m. only.
Temporary Activities: Firing ranges established on a temporary basis for the purpose of
firearms safety training shall be allowed. Training shall be conducted
by a certified or equivalent instructor utilizing normally accepted
standards for safe firearms training. A permit shall be obtained from
the Zoning Administrator after his approval of the site to be used.
This permit will be good for seventy two(72)hours.
Unregulated Activities: The standards of these requirements do not regulate or prohibit an
individual's right to discharge firearms on their property for target
practice, sighting or hunting;nor shall the standards apply to those
lands legally used by Private Hunting Clubs for traditional hunting
activities.
Trinity Zoning Ordinance Page 8-25

Use: Social Service Facility, Temporary Stay
Zoning District: RA, R-40, O&I
House Plan:
a) Minimum 50 square feet of gross floor for each person being housed or sheltered
b) Minimum 250 square feet of common area to be used as a recreation room, living room,
lounges, dining room, or other gathering areas.
c) Bathroom, laundries, hallways, lobby areas, vending areas, and kitchens shall not be
counted as common area.
d) Manual fire alarm system
e) Automatic, commercial, monitored, smoke detection system.
a. Smoke alarm shall be single and multi-station
f) Exit signs and emergency lighting required
Management: On-site management shall be provided on a 24-hour basis.
Drug &Alcohol Treatment Facility: Allowed in 0&1 Zone only.
Property Size: Minimum of 1 acre
Buffer Distance: Another social service facility cannot be within '/z mile of
another social service facility.
Trinity Zoning Ordinance Page 8-26

Use: Solar Energy Systems, Level 2
Zoning District: RA
Site Plan: The site plan shall show:
a) Setback and height limitations.
b) If impervious percentage goes over 24%,a stormwater plan is
needed.
c) Lighting
d) Signage locations
e) Fence
f) Tree buffering
Minimum Acreage A twenty-five (25)acre minimum site is required.
Height: Twenty-five (25)feet.
Setback: No solar panels can be put within 100 feet of the property line.
Lighting: If lighting is provided at the site,it shall be shielded and downcast
such that the light does not spill onto adjacent properties. Motion
sensor control is preferred.
Signage: Public signage as permitted by Zoning Ordinance. Security, safety,
and/or warning signage need to be placed every 500 feet.
Tree Buffering: Two rows of approved trees will need to be placed between the fence
and solar panels where the property abuts a non-vacant property or is
within 60 feet of a state or city-maintained road.
Decommissioning Plan: A decommissioning plan signed by the party responsible for
decommissioning and the landowner(if different)addressing the
following shall be submitted with permit application. Requirements
for the decommission plan are below.
a) Anticipated life of the solar farm
b) Estimated decommissioning costs in current dollars
c) Method for ensuring that funds will be available for
decommissioning and restoration.
d) Anticipated manner in which the solar farm project will be
decommissioned,and the site restored.
Following a continuous six-month period in which no electricity is
generated,the permit holder will have six months to complete
decommissioning of the solar farm. Decommissioning includes
removal of solar panels,buildings,cabling,electrical components,
and any other associated facilities below grade as describe in the
approved decommissioning plan.
Prior to the issuance of a zoning compliance certificate,the applicant
must provide the City with a performance guarantee as provided
Trinity Zoning Ordinance Page 8-27

below. The amount of the guarantee shall be one and a quarter times
the
estimated decommissioning cost minus the salvageable value,or
$500,000.00,whichever is greater. Estimates for decommissioning
the site and salvage value shall be determined by a North Carolina
licensed engineer or a licensed contractor. It is the responsibility of
the applicant to provide the City with the certified cost estimate.
Performance Guarantee
A surety or performance bond that renews automatically,includes a
minimum 60-day notice to the City prior to cancellation,is approved
by the Finance Director, and is from a company on the U.S.
Department of Treasury's Listing of Certified Companies. A bond
certificate must be submitted to the finance department each year
verifying the bond has been properly renewed.
Trinity Zoning Ordinance Page 8-28

Use: Townhouse Development
Zoning District: RM
Density: Densi : 12,000 square feet,plus 3,000 square feet for each
additional unit over 2.
Exterior: All common building materials besides metal and cinderblock is
acceptable except vinyl use is limited to no more than 30% of the
frontfagade.
Site Plan: A site plan shall be submitted that shows the location of the
buildings, streets,alleys,walkways,parking areas,recreational
areas and facilities,numbered and dimensional residential sites and
common areas within the site and all existing buildings and
structures within one hundred(100)feet in addition to public or
private easements or rights-of-way adjoining or intersecting such
property.
Design Standards Included in Timing: Proposed schedule of development phases.
Site Plan:
Circulation: Proposed points of ingress and egress and proposed
pattern of internal automobile and pedestrian circulation.
Landscaping_ When a proposed apartment complex abuts a
residentially zoned lot,the complex must adhere to the following
landscaping requirements.
a) At least two(2)rows of evergreen trees whish may by
selected from the recommended List of Recommended
Species(on file with the Zoning Administrator) shall be
planted. Trees shall have a minimum height of three feet(3')
when planted. The rows shall be spaced seven feet(T)apart
and centered within the buffer strip. Tree spacing shall be
eight feet(8')off centered with the trees in adjacent rows
offset(staggered four feet(4'); and a solid visual barrier fence
six feet(6')in height shall be erected around any loading,
unloading,or outdoor storage areas; and
b) Earth berms may be used in conjunction with planting to
satisfy height requirements;but slopes shall not exceed one
foot(1')to two feet(2')horizontal.
c) At least one (1)deciduous tree shall be planted along the
street no less than ten feet(10')off of the right of way(on
private property),for each forty feet(40')of street frontage
or fraction thereof for new construction or extensive
rehabilitation. Each tree shall be at least one and one-half
inches(1 '/2)in caliper and may be selected from the List of
Recommended Species or otherwise approved by the
Planning Director or Zoning Administrator and shall be
provided with adequate space for water percolation and root
Trinity Zoning Ordinance Page 8-29

growth. In lieu of this requirement,the developer shall
provide a Landscaping plan and detailed plant list,approved
by the Planning Director or Zoning Administrator,which
provides for a variety of plantings which achieve the desired
aesthetic goals of the buffering requirements.
Traffic: A developer shall present a traffic analysis on projected
traffic counts at peak hours and proposed plants to mitigate any
congestion associated with the development.
Storm Drainage: Proposed provisions for storm drainage and
sanitary sewerage,approved by a N.C. certified registered engineer;
Signs: Size and proposed location of any freestanding signs;
Solid Waste: Proposed solid waste storage facilities consisting of a
minimum 10' X 20' concrete pad with vehicle apron and a six foot
(6')high stockade fence on minimum of three(3)sides with six foot
(6')foot high ballards to protect said fence;
Water System: Proposed water system and firefighting facilities
such as hydrants or sprinkler connections;
Lighting plan: A lighting plan shall be provided that shows the
type,height and density of all outdoor lighting.
When abutting a residential district lighting shall be signed so as not
to create a nuisance on abutting property owners. The maximum
illumination at the edge of the property line adjacent to a residential
zoning district is '/2 foot candles.
Recreation Area: Location and amount of recreation area,if any;
and
All plans showing utility construction details must meet the current
specifications of the City of Trinity.
Common Areas: Areas not shown as lots on the site development plan shall be
designated as common areas and on any subdivision plan as areas to
be held in separate ownership for the use and benefit of residents of
the development.
Easements over the common areas for access,ingress,and egress
from and to public streets and walkways and easements for
enjoyment of the common areas,as well as for parking, shall be
granted to each owner of a residential site.
All common walls between individual residences shall be party walls
and provisions for the maintenance thereof and restoration in the
event of destruction or damages shall be established.
Homeowners Association The establishment of a homeowners association shall be mandatory.
Documents to Be Submitted: The homeowners association shall be organized and established as a
Trinity Zoning Ordinance Page 8-30

legal entity prior to or as a part of the final plat approval and
recording process. Membership in the homeowners association
shall be mandatory for each original purchaser and each successive
purchaser of a residential site.
Responsibilities of Homeowners Association-The homeowners
association shall be responsible for the payment of premiums for
liability insurance,local taxes,maintenance or recreational and
other facilities located on the common areas,payment of
assessments for public and private capital improvements made to or
for the benefit of the common areas,maintenance and repair to the
exterior of all attached residences located within the development or
other common area facilities.
It shall be further provided that upon default by the homeowners
association in the payment to the governmental authority of any ad
valorem taxes levied against the common areas or assessments in an
amount determined by dividing the total taxes and/or assessments
due to the governmental authority by the total number of residential
sites in the development. If the sum is not paid by the owner within
thirty(30)days following receipt of notice of the amount due,then
the sum shall become a continuing lien on the residence of the then
owner,his heirs,governmental authority may either bring an action
at law against the owner obligated to pay the same or may elect to
foreclose the lien against the residence of the owner.
Assessments - The homeowners association shall be empowered to
levy assessments against the owners of residential sites within the
development for the payment of expenditures made by the
homeowners association for the items set forth in the preceding
subparagraph and any such assessment not paid by the owner against
whom such are assessed shall constitute a lien on the residence of the
owner.
Proposed Articles of Incorporation - Such Articles of Incorporation
shall provide for homeowners control when over 50%of the
dwelling units are sold.
Proposed b, l�- Such bylaws shall provide for annual meetings
of the association,election of officers, and distribution of an annual
financial accounting to members.
Proposed annual budget-The proposed annual budget shall show
monthly assessments.The monthly assessments must be set at a
sufficient level to insure success of the association.
Proposed restrictions and covenants - A document containing
proposed restrictions and covenants for the common area and
residential sites shall be submitted along with the previously
mentioned documents.
Trinity Zoning Ordinance Page 8-31

Use: Truck Stops
Special Use District: M-2
Lot Area and Frontage: Each such station shall have a minimum lot area of 8 acres with a
frontage of not less than 200 feet.
Location: Hopewell Church Rd/I-85 Regional Center or the Employment
Center of the ETJ.Also,must have frontage on or be located within
a 1/4 mile of I-85 or US Hwy 70.
Automobile Storage: Outdoor automobile storage is not permitted in conjunction with
service stations in these districts.
Setbacks: No portion of a service station building,or fixtures shall be nearer
than 50 feet from the curb line or any abutting residentially zoned
property.
Landscaping: A six-foot-high fence and suitable landscaping shall be provided when
a service station abuts a residential district or use.
Landscaping in the form of deciduous trees,proper fencing,bushes,
berms, and/or a combination of the group will be used along the road
that the truck stop has its main driveway located off. Landscaping will
be approved by the Planning Director or his/her designee.
Trinity Zoning Ordinance Page 8-32

SPECIAL USES
Section 8-4 Objectives and Purposes
Permitting Special Uses adds flexibility to the Zoning Ordinance. Subject to high standards of planning and
design,certain property uses which would otherwise be undesirable in certain districts can be developed to
minimize any bad effects they might have on surrounding properties.
The uses for which Special Use Permits are required are listed in the Table of Permitted Uses.A detailed
description of the procedures which must be followed in the issuance of each permit is contained in the
following pages.Uses specified in this section shall be permitted only upon the issuance of a Special Use
Permit by the City Council.
Section 8-5 Application
The applicant for a Special Use Permit is the owner or owners of all property covered by the request. It is
recommended that the applicant,or his/her representative,meet with the Zoning Administrator before
beginning the application process to discuss the proposed plans and the special use process.
In applying for a Special Use Permit,the burden is on the applicant to present sufficient evidence to allow
the City Council to make a finding that all of the required specific standards will be met.
The owner(s)of all property included in the petition for a Special Use Permit shall submit a complete
application to the Zoning Administrator at least 20 days before the meeting of the City Council at which it
is to be first considered. Such application shall include all of the requirements pertaining to it in this
section and without such information cannot be processed for consideration.Applications shall include
site plans and shall be prepared to provide a full and accurate description of the proposed use including its
location,appearance,and operational characteristics.Three copies of a site plan shall be submitted on
sheets no larger than 36"by 24"drawn to a scale of no less than I"= 50'.The plans shall conform to the
Community Development checklists.
At the time of submission,applicants shall pay a fee established by the City Council.
Section 8-6 City Council Review; Notice; Recommendations.
When deciding special use permits the City Council shall follow quasi-judicial procedures.
The City Council shall review the application. During its review, the City Council shall consider the site
plan, all requirements for the particular use,the compatibility of the proposed use with the zoning district
and surrounding properties,and its compatibility with Trinity's Land Development Plan.
At the meeting during which the application is considered,the Planning Board shall conduct a
public hearing.Notice of the hearing shall be sent by first class mail to the owner of the
property and to owners of abutting properties as listed in the Randolph County tax registry;it
shall be posted on the property for which the Special Use Permit is sought and run in a
newspaper of local distribution once weekly for two consecutive weeks.At the hearing,
substantial,competent,and material evidence shall be presented under oath.
Trinity Zoning Ordinance Page 8-33

The City Council decision shall be done by applying the land-use impact facts of the
proposed special use to the following standards:
a) that the use or development is located,designed,and proposed to be
operated so as to maintain or promote the public health, safety, and general
welfare.
b) that the use or development complies with all required regulations and
standards of this ordinance and with all other applicable regulations.
c) that the use or development is located,designed,and proposed to be operated so
as not to substantially injure the value adjoining or abutting property,or that the
use or development is a public necessity; and
d) that the use or development will be in harmony with the area in which it is to be
located and conforms with the general plans for the land use and development of
City of Trinity and its environment.
Section 8-7 City Council Hearing; Notice;Action
When deciding special use permits,the City Council shall follow quasi-judicial procedures.
On receiving the application,the City Council shall give notice of a public hearing on the application.
Notice of the public hearing shall be sent by first class mail to the owner of the property and to owners of
property within six hundred(600)feet as listed in the Randolph County tax registry;posted on the
property for which the special use permit is sought and run in a local newspaper once weekly for two
consecutive weeks before the public hearing.
In exercising these powers,the Board shall follow statutory procedures for quasi-judicial development
decisions as set forth in G.S. 160D-102(28).The Board must hold an evidentiary hearing to gather
competent,material, and substantial evidence to establish the facts of the case. The evidentiary hearing
must have testimony under oath and must establish written findings of fact and conclusions of law as
provided in G.S. 160D-406. All evidence presented at the public hearing shall be under oath, and
evidence shall be competent, substantial, and material.The Chairman of the Board of Adjustment is
authorized to administer oaths or affirmations to any witnesses in any quasi-judicial matter coming before
the Board.
The applicant,the local government, and any person who would have standing to appeal the decision
under G.S. 160D-1402(c) shall have the right to participate as a party at the evidentiary hearing. Other
witnesses may present competent,material,and substantial evidence that is not repetitive as allowed by
the board. Objections regarding jurisdictional and evidentiary issues,including,but not limited to,the
timeliness of an appeal or the standing of a party,may be made to the board.The board Chair shall rule
on any objections,and the chair's rulings may be appealed to the full board. These rulings are also subject
to judicial review pursuant to G.S. 160D-1402. Objections based on jurisdictional issues may be raised
for the first time on judicial review. In the case of an appeal of administrative or staff decision,the official
who made the decision(or the successor if no longer employed)must appear as a witness in the appeal.
The City Council shall consider the application and comments at the public hearing and may grant or
deny the special use permit requested. If the Council grants the special use permit,the approval shall
Trinity Zoning Ordinance Page 8-34

include approval of plans as may be required. In granting the permit,the City Council shall make a
written decision that: (a)identifies the key facts of the case,and(b)applies these facts to the following
standards:
a) that the use or development is located,designed,and proposed to be operated
so as to maintain or promote the public health, safety,and general welfare.
b) that the use or development complies with all required regulations and standards
of this ordinance and with all other applicable regulations.
c) that the use or development is located,designed,and proposed to be operated so
as not to substantially injure the value adjoining or abutting property,or that the
use or development is a public necessity;and
d) that the use or development will be in harmony with the area in which it is to be
located and conforms with the general plans for the land use and development of
City of Trinity and its environs.
The concurring vote of four-fifths of the Board shall be necessary to grant a variance. The affirmative
vote of most of the members shall be required to decide any other quasi-judicial matter or to determine an
appeal made to the Board.
For this section,vacant positions on the Council and member who are disqualified from voting on quasi-
judicial matter shall not be considered members of the Council for calculation of the requisite majority.
In granting the Permit,the Council may designate only those conditions,in addition and in connection
therewith,as will,in its opinion,assure that the use in its proposed location will be harmonious with the
area in which it is proposed to be located,with the spirit of this ordinance and clearly in keeping with the
public welfare.The Council may not impose conditions on special-use permits that the local government
does not otherwise have statutory authority to impose per NCGS 160D-705(c).All such additional
conditions shall be entered into the minutes of the meeting at which the Special Use Permit is granted,on
the Special Use Permit itself and on the approved plans,written consent to conditions related to a special
use permit must be obtained from the applicant/landowner to ensure enforceability.Unless provided
otherwise by law,all rights,privileges,benefits,burdens,and obligations created by development
approvals made pursuant to NCGS 160D attach to and run with the land.
If the Council denies a request for a Special Use permit, it shall enter the reasons for its action in the
minutes of the meeting at which the action was taken.
Section 8-8 Conflicts of Interest
A governing board member shall not vote on any legislative decision regarding a development regulation
adopted pursuant to NCGS 160D-109 where the outcome of the matter being considered is reasonably
likely to have a direct, substantial, and readily identifiable financial impact on the member.A governing
board member shall not vote on any zoning amendment if the landowner of the property subject to a
rezoning petition or the applicant for a text amendment is a person with whom the member has a close
familial,business,or other associational relationship.
A member of any board exercising quasi-judicial functions pursuant to this Chapter shall not participate
in or vote on any quasi-judicial matter in a manner that would violate affected persons'constitutional
rights to an impartial decision maker. Impermissible violations of due process include,but are not limited
to,a member having a fixed opinion prior to hearing the matter that is not susceptible to change,
Trinity Zoning Ordinance Page 8-35

undisclosed ex parte communications,a close familial,business,or other associational relationship with
an affected person,or a financial interest in the outcome of the matter.
Section 8-9 Appeal of Decisions
No appeal may be taken from the action of the City Council in granting or denying a Special Use Permit,
except through Superior Court of Randolph County.Any petition for review shall be filed with the Clerk
of Superior Court within 30 days after decision of the Council is filed in the office of the City Clerk,or
after a written copy of the decision is delivered to every aggrieved party who has filed a written request
for such copy with the clerk at the time of the hearing of the case,whichever is later.The Council's
decision may be delivered to the aggrieved party either by personal service or by registered mail or
certified mail return receipt requested.
An appeal of a notice of violation or other enforcement order stays enforcement action,including fines,
during the appeal(NCGS 160D405 unless a stay would cause imminent peril to life or property or,
because the violation is transitory in nature,a stay would seriously interfere with enforcement of the
development regulation.
Section 8-10 Failure to Comply with Plans or Conditions
In the event of failure to comply with the plans approved by the City Council or Board of Adjustment or
with any other conditions imposed upon the special use permit,the permit shall thereupon immediately
become void and of no effect.No building permits for further construction or certificates of occupancy
under this special use permit shall be issued. If a failure to comply with conditions in a special use permit
occurs after occupancy,the owner,lessee,or other responsible person shall be notified in writing of the
violation.No earlier than five days after the receipt of the written notice,the body issuing the special use
permit may issue a finding of fact that a violation of the requirements of this ordinance exists. If such
finding of fact is made,it shall be unlawful for any person,firm or corporation to continue the special use
until the responsible party makes the necessary corrections and the body authorized to issue the permit
conducts a public hearing and finds that the violation no longer exists.
Trinity Zoning Ordinance Page 8-36

Section 8-11 Regulations for Special Use Permits
Detailed regulations for the special uses subject to this section are set forth in the following
regulations for special uses and the notes related to those provisions.
Use: Athletic Fields, Swim and Tennis Clubs, Community Centers,Parks
and Playgrounds,Campgrounds, Clubs and Lodges
Special Use District: RA,R40,R-20,R-12,R-10,RM-U,M-2,for Athletic Fields,Parks
and
Playgrounds,Community Centers, Swim and Tennis
Clubs,etc.RA,R-40,&RM-U for Clubs and Lodges
Required Plans: The applicant shall submit plans which show:
a) location and approximate size of all existing and proposed
buildings and structures on the site and within 500 feet ofthe
site;
b) proposed points of ingress and egress and the proposed pattern of
internal circulation;
c) proposed parking areas;
d) proposed provision for storm and sanitary sewer;and the proposed
treatment of ground cover, slopes,banks, and ditches.
Setbacks: All activities and facilities shall be located at least 20 feet from
any property line.
Planted Buffers: There shall be a planted buffer at least three feet thick and six feet high
between this property and adjoining properties.
Lighting: Lighting shall be located and shielded so as not to adversely affect
abutting property.
Fenced Swimming Pool: A swimming pool area shall be enclosed by a fence at least five feet
high approved by the Zoning Administrator.
Trinity Zoning Ordinance Page 8-37

Use: Automobile Car Wash
Special Use District: HC
Plans: Plans shall be presented which show:
Setbacks
Location and layout of all buildings
Fencing, screening and landscaping
Provision for minimizing and slowing runoff from the site.
Setback: Building(s) shall be at least 75 feet from any interior, side or rear
property line which adjoins residentially or public-institutionally zoned
property.
Screening: A minimum six foot high opaque fence shall be provided abutting to all
residentially-zoned property. In addition, shrubs or trees with a height
of six feet at maturity shall be planted on the side of the fence abutting
to the residential property.
Operational Requirements: a) All washing operations shall be contained in a building.
b) Specific areas shall be provided for the manual drying,
waxing,polishing and vacuuming of vehicles where these
services are offered on the site. These areas shall not
conflict with on-site circulation patterns.
c) Hours of operation shall be between 8:00 a.m. and 8:00
p.m.when adjoining developed residentially zoned
property.
d) Adequate provision shall be made for the safe and
efficient disposal and/or recycling of waste products and
runoff.
Condition of Property: The entire property shall be kept in a clean,neat and orderly condition.
Trinity Zoning Ordinance Page 8-38

Use: Bed and Breakfast(Tourist Home) & Rooming House
Special Use District: RA,R-40,R-20,&RM-U for Bed and Breakfast/Tourist Home
RM for Rooming House
Required Plan: Applicant shall submit a plat showing the location of parking,buildings,
abutting uses,accessibility to thoroughfares, and buffering. The plat shall
show or state the type of buffering.
Parking and Buffering: a) Parking shall be allowed in the rear yard at one space per each room
to be rented plus one space for each employee, plus two spaces for
permanent occupants of the dwelling.
b) All parking shall be buffered from abutting properties by a buffer
strip consisting of a screened fence or a planted strip at least five
feet in width,composed of deciduous or evergreen trees or a
mixture of each,less than one row of dense shrubs, spaced not
more than five feet apart.
Use Separation: No bed and breakfast or other similar use shall locate within four
hundred(400)feet of a rooming house,boarding house or another tourist
home.
Operation: a) The facility must be owned by the landowner who also
resides on the property.
b) The use shall be in a structure which was originally constructed
as a dwelling.
c) Meals served on premises shall be only for guests of the
facility.
Signs: Signs identifying the operation shall be non-illuminated and shall be
either wall or yard signs,no more than 2 square feet in area.
One sign per zoning lot.
Trinity Zoning Ordinance Page 8-39

Use: Cemeteries(as a principal use, not accessory to a church or
synagogue)
Special Use District: RA,R-40,RM-U
Plans Required Must Show: The applicant shall present plans which show:
a) topography of the area and assures a well-drained site with
adequate storm drainage facilities.
b) location of signs,entrances and exits and buildings.
c) proposed points of access and egress and pattern of internal
circulation.
d) proposed restrictions,if any.
Street Access and Parking: a)Adequate off-street room shall be provided for funeral processions.
b)The site shall have direct access to a collector or arterial street.
Buffer: A screen of dense plant material at least six feet high shall be provided
when a cemetery abuts a residential lot.
Trinity Zoning Ordinance Page 8-40

Use: Churches and Religious Congregations with Their
Customary Accessory Uses
Special Use Districts: RA,R-40,R-20,R-12,R-10,RM-U,O&I
Plans Required Must Show: The applicant shall present plans which show:
a) topography of the area and assures a well-drained site with
adequate storm drainage facilities.
b) location of signs,entrances,and exits and buildings.
c) proposed points of access and egress and pattern of internal
circulation.
d) proposed restrictions,if any.
Street Access and Parking: a)The site shall have direct access to a collector or arterial street.
Buffer: A screen of dense plant material at least six feet high shall be provided
when a church/synagogue abuts any residential lot.
Trinity Zoning Ordinance Page 8-41

Use: Day Care, Child, as Principal Use
Day Care Adult, as Principal Use
Special Use District: Child Day Care RA,R-40,RM-U,RM,OI, &HC
Adult Day Care RA,R-40,RM,&RM-U
Required Plans: Plans required,must show:
1. Location and approximate size of all existing and proposed
buildings and structures within the site;also,location of
buildings on abutting lots.
2. Proposed points of access and egress and pattern of internal
circulation.
3. Layout of parking spaces or arrangements for on-street parking if
off street parking is not available.
4. Location and extent of open play area.
Fenced Play Area: For child day care centers:
1. The facility must meet state regulations for minimum square
footage per child for interior and outdoor play space.
2. The aggregate play area must be surrounded by sturdy fence at
least four feet high.
Screening: Suitable screening must be provided to avoid any nuisance to adjoining
residential properties. Where property abuts residentially zoned land,
screening shall incorporate plantings at least six feet high that retain
foliage year-round.
Hours of Operation: In residential districts,day care centers shall not be operated between
7:00 pm and 6:00 am.
Licensing Requirements: All required state licensing requirements must be met,and
permits obtained.
Trinity Zoning Ordinance Page 8-42

Use: Emergency Services(Fire,Police,Ambulatory)
Special Use Districts: RA,R-40,R-20,R-12,R-10,RM,RM-U & OI
Plans Required Must Show: The applicant shall present plans which show:
a) topography of the area and storm drainage facilities that assure a
well-drained site with adequate storm drainage;
b) location of signs,entrances and exits and buildings;
c) proposed points of access and egress;and
d) parking for on-duty fire fighters beside or behind the fire station
Street Access and Parking: The site shall have direct access to a collector or arterial street.
Buffer: A screen of dense plant material at least six feet high shall be provided
when a fire station abuts a residential lot.
Trinity Zoning Ordinance Page 8-43

Use: Fairs and Carnivals(including community and nonprofit
carnivals)
Special Use District: RA,R-40,OI,M-1,M-2
Required Plans: The applicant must submit plans which show:
a) internal circulation patterns and provisions for parking
b) how noise,dust and traffic will be controlled-and the visual
impact of the fair or carnival
c) size and location of signage
d) surrounding land uses within 500 feet of the property
Facilities: Adequate bathroom facilities shall be provided.
Trash Removal: The applicant shall coordinate with the city to provide for trash
removal.
Days of Operation: The special use permit shall specify the number of days of operation for
the event.
Trinity Zoning Ordinance Page 8-44

Use: Golf Courses
Special Use District: RA, R-40, R-20, R-12, R-10
Required Site Plan: A site plan must be submitted showing:
a) property boundaries
b) proposed buildings and parking areas
c) proposed points of ingress and egress
d) proposed pattern of internal automobile and pedestrian
circulation
c) size and proposed location of signs
f) lighting plan
g) proposed schedule of development phases, if applicable
Runoff and Erosion Control: Plans must be submitted which demonstrate how run-off and erosion
will be minimized and controlled.The plans must include proposed
provisions for storm drainage and sanitary sewer approved by an N.C.
certified registered engineer.
Trinity Zoning Ordinance Page 8-45

Use: Group Care Facility (Group Home)
Special use District: RA, R-40, RM, RM-U, OI
Operation: All group homes shall be licensed and/or sponsored by the
appropriate state or local agency.
The facility shall be limited to no more than thirty(30)persons.
Property Separation: No Such facility shall be located within one-half(1/2)mile of an
existing group care facility.
Parking: One space for every five (5)residents or fraction thereof, plus one
parking space for each employee on the premises.
Signage: One sign permitted, not to exceed three square feet in area.
Trinity Zoning Ordinance Page 8-46

Use: Junkyards
Special Use District: M-1
Minimum Acreage: Ten(10)acres minimum are required for new junkyard/automobile
graveyard facilities.
Site Plan: The site plan shall show the location of the buildings,proposed
storage areas as well as the following details:
(1)A solid fence or wall not less than eight(8')feet in height
shall be placed and maintained around all setback boundaries;
an open space setback of at least fifty(50')feet shall be
maintained around the enclosure; such area shall not be used
for storage and shall be grassed and maintained in natural
vegetation outside the enclosed area.
(2)Weeds and grasses shall be controlled within the
Junkyard/automobile graveyard.
(3)The height of items inside the junkyard/automobile graveyard
shall not exceed the height of the barrier fence.
(4)Items shall not be stored closer than five hundred(500')feet
to any adjoining residential occupancy.
Copies of the site plan and application shall be sent to the appropriate
State agencies.
Stormwater and Erosion Stormwater runoff and erosion control measures shall be installed
Control: around the site in accordance with state standards.
Monitoring Well: A monitoring well shall be installed on the site,if applicable.The
applicant shall have the well tested at least once a year by an
approved company or laboratory. Results of all tests shall be
forwarded to the City of Trinity and appropriate state agencies.
Tire Storage: All unmounted tires(200 maximum) shall be stored in an enclosed
building to prevent the accumulation of storm water within the well of
the tire.
Financial Responsibility: The owner understands that he/she will be financially responsible for
any contamination of the site and/or its environs.
Trinity Zoning Ordinance Page 8-47

Use: Land Clearing and Inert Debris Landfill(Minor):
Special Use Districts: RA
Required Plans:
1) Maximum Area: Two (2) acres.
2) Maximum Duration: Landfills are limited to a maximum period of operation of three(3)
years from the date of issuance of the Certificate of Occupancy by City of Trinity,
provided that the Planning Board may upon request grant one (1) or more three-year
renewals.
3) Use separation: One hundred (100) feet minimum from any property line to the edge of
the fill area and three hundred (300) feet minimum from any residence not on the same
tract as the landfill.
4) Buffer: Where possible a minimum fifteen (15) foot tree buffer shall be retained around
the exterior property line.
5) Access: Access to the landfill shall be from a state maintained paved road, provided that
the Planning Board may grant a waiver to the paving requirement upon reasonable
conditions and shall be controlled with gates, chains, fences, ditches and/or trees to
prevent unregulated dumping.
6) Dust: All unpaved areas shall be maintained in a manner which prevents dust from
leaving the property.
7) Operation:
a) No filling is permitted in the 100-year floodplain of any stream. Filling to the
edge of the 100-year floodplain is permitted only if the back slope is stable and no
steeper than 3:1;
b) No filling is permitted in minor drainage ways unless the drainage has been piped
or otherwise diverted in accordance with approved plans; and
c) No filling is permitted in utility easements, except electrical transmission
easements for 44kv or greater lines.
8) Closure: Landfills shall be closed with a minimum of one (1)foot of clean soil, graded to
a maximum slope of three to one (3:1), and stabilized with vegetation or by other
approved means.
Trinity Zoning Ordinance Page 8-48

Use: Land Clearing and Inert Debris Landfill(Major):
Special Use Districts: M1 &M2
Required Plans:
Setbacks &Buffers
1) Use separation: One hundred(100) feet minimum from any property line to the edge of the fill
area and three hundred (300) feet minimum from any residence not on the same tract as the
landfill.
2) Buffer: Where possible a minimum fifteen (15) foot tree buffer shall be retained around the
exterior property line.
Access
1) Access to the landfill shall be controlled with gates,chains,fences,ditches and/or trees to prevent
unregulated dumping.
2) Dust: All unpaved areas shall be maintained in a manner which prevents dust from
leaving the property.
Operation
1) No filling is permitted in the 100-year floodplain of any stream.Filling to the edge of the 100-
year floodplain is permitted only if the back slope is stable and no steeper than 3:1;
2) No filling is permitted in minor drainage ways unless the drainage has been piped or
otherwise diverted in accordance with approved plans;and
3) No filling is permitted in utility casements,except electrical transmission casements for 44kv
or greater lines.
Closure
1)Landfills shall be closed with a minimum of one (1)foot of clean soil,graded to a maximum slope
of three to one(3:1), and stabilized with vegetation or by other approved means.
Trinity Zoning Ordinance Page 8-49

Use: Manufactured Home,Boat, Travel Trailer, Camper and
Recreational Vehicle Sales and Service
Special Use District: M-1,M-2
Plan Required: A placement plan for the manufactured homes shall be approved by the
city before the sales lot opens.
Open Space: At least 60%of the property must be open land.
Setbacks and Separation a) A setback of at least 15 feet from any exterior boundary line is
Between Structures: required.
b) Front yard and corner lot setbacks must be met.
c) There shall be a 20-foot separation between manufactured
homes and between a manufactured home and any other
structure.
Proximity to Other Sales No manufactured home sales and display lot may be located within
Lots: 5000 feet of another manufactured home sales lot.
Parking: There shall be off-street parking at a ratio of one parking space per two
manufactured homes and a minimum of five spaces.
Signs: Banner type signs are not permitted.
Trinity Zoning Ordinance Page 8-50

Use: Mini Warehouses
Special Use District: HC,RM
Plans Required: Plans shall be submitted which show layout and placement of buildings,
ingress and egress,plans for minimizing stormwater runoff from the
site, signage and landscaping.
Maximum Height: 20 feet not exceeding one story
Storage: a) No outside storage is permitted
b) Storage of hazardous,toxic,or explosive substances is
prohibited.
Operation: No business activity other than the rental of storage units shall be
conducted on the premises.
Lighting: Lights shall be arranged so that no light or glare is directed into a
residence.
Screening: An opaque screen at least eight feet high shall be provided along each
property adjoining a residentially zoned district,and six feet high along
any public right-of-way.
Trinity Zoning Ordinance Page 8-51

Use: Public Utility Facilities and Substations / Public Works
Facilities Essential to the Immediate Area (transformer
stations, pumping stations, water towers, and telephone
exchanges)
Special Use District: RA,R-40,R-20,R-12,R-10,RM,RM-U,OI,HC,M-1,M-2
Setbacks and Landscaping: All buildings and apparatus shall be set back at least 20 feet from all
property lines.
They shall be designed,landscaped and maintained in accordance with
other public facilities
On-site Storage: Vehicles or material shall be stored on the premises inside a building or
under cover.
Outside storage of apparatus and equipment is permitted only in the M-
1 district and must be enclosed by a solid fence at least 6 feet high.
Fenced facilities: Such facilities as water towers,pumping stations and so forth shall be
surrounded by a chain link fence six feet high.
Trinity Zoning Ordinance Page 8-52

Use: Recreational Facility(Commercial, Outdoor)
Conditional Zoning: RA,HC,M-1,M-2
Minimum Lot Size: Five (5)acres.For an equestrian facility or other livestock facility
is twenty-five (25)acres.
Plans Required: A site plan showing the boundaries of the property,proposed
buildings,parking,gaming area, and proposed buffers.
Boundaries: Boundaries of the gaming area shall be clearly identified by a fence,
netting,trees,or berms or combination thereof,
Setbacks: 100 feet from any property line adjacent to residential districts and
75 feet when adjacent to other districts.
Minimum of two hundred(200)foot distance between manure
storage areas,barns,or stables and any adjacent residentially zoned
property.
Adjacent Uses: Shall not be permitted if located adjacent to any existing
place of worship,day care,nursing home,or school.
Parking: Number of spots is 1/200 sq ft of activity space. Parking spots
will have to clearly marked.
Appraisal: Either testimony or a signed letter from an appraiser will need to
be given stating if there is any financial impact on neighboring
Liability: properties from the use.
Evidence that
Trinity Zoning Ordinance Page 8-53

Use: Reception Facility
Special Use District: RA, R-40
Site Plan: The site plan shall show the location of parking,buildings,abutting
uses,accessibility to thoroughfares,and buffering. The plat shall show
or state the type of buffering. The application and site plan must also
satisfy the following requirements.
Design Standards Included in Site Plan:
(1) Parking
(a) Parking shall be allowed at one space per 3 guests plus one per employee.
(b) All parking shall be buffered from abutting properties by a buffer strip
consisting of a screened fence or a planted strip at least five feet in width,
composed of deciduous or evergreen trees or a mixture of each,less than one
row of dense shrubs,spaced not more than five feet apart.
(c) A parking plan shall be presented to show adequate parking for a variety of
events and guests as well as space for overflow parking.
(2) Use Separation
(a) No reception house or other similar uses shall locate within four hundred(400)
feet of a rooming house,boarding house or another tourist home.
(3) Operation:
(a) An owner or manager shall be on the premises for every event.
(b) The use shall be located in a structure which was originally constructed as a
single-family dwelling or an approved accessory structure.
(c) Meals served on premises shall be only for guests of the facility.
(d) The reception house shall meet all applicable health,fire safety and building
codes and shall be operated so as not to give the appearance of being a business.
Minimal outward modifications of the structure or grounds may be made only if
such changes are compatible with the character of the area or the neighborhood.
(e) No additional dwellings shall be placed on the same lot as the reception house
unless otherwise permitted.
(f) Outdoor activity hours: Special functions conducted outdoors, and outdoors
activities related to special functions are prohibited after 10:00 pm on Sunday
through Thursday nights.Friday and Saturday and evenings before national
holidays,outdoor activities are prohibited after 11:00 pm.All activities shall
comply with the Noise Ordinance of the City of Trinity.
(4) Signs:
(a) Signs identifying the operation shall be non-illuminated and shall be either wall
or yard signs,no more than 4 square feet in area. One sign per zoning lot.
Trinity Zoning Ordinance Page 8-54

Use: Recycling Convenience Site
Special Use District: RA,R-40,OI,HC,M-1,M-2
Required Plans: The applicant must submit plans which show:
a. Location and approximate size of all existing and proposed
buildings and structures on the site.
o. rroposea points or access ana egress ana pattern or mternai
circulation;
c. Layout of parking spaces;
Operation: a. The facilities shall only be operated by a local government
or by a non profit.
b. The use must be secondary to another primary use such as a
school,fire station or other government facility.
Trinity Zoning Ordinance Page 8-55

Use: Schools,Elementary and Secondary
Special Use District: RA, R-40,R-20,R-12,R-10,RM,RM-U,O&I,HC
Required Plans: The applicant must submit plans which show:
a. location and approximate size of all existing and proposed
buildings and structures on the site and on the lots which
adjoin the site;
b. proposed points of access and egress and pattern of internal
circulation;
C. layout of parking spaces;
d. location and extent of playgrounds and athletic fields;
e. estimated number of students at opening and capacity for
additional students;
f. parking for elementary and middle schools- 5 spaces,plus
1 space per classroom employee and staff member
g. parking for senior high schools- 1 space per four students,
plus 1 space for each classroom,administrative and non-
educational employee
Building Height
The maximum building height for any school building shall be
50 feet
Trinity Zoning Ordinance Page 8-56

Use: Storage of Above Ground Bulk Oil or Petroleum Products for
Wholesale or Retail Distribution
Special Use District: M-1,M-2
Minimum Lot Size: The minimum size lot,tract or parcel must be one acre.
Setbacks and Buffers: a) All storage tanks and loading facilities shall be located atleast
25 feet from any side or rear property line.
b) The minimum building setback line is 40 feet.
c) All storage tanks and loading facilities shall be located a
minimum of 85 feet from any exterior property line bordering a
residential district.
d) A buffer strip is required for side or rear lot lines that abut a
residential or office district.
General Health and Safety a) The proposed site shall not endanger the safety of properties in
Conditions: the area, and vehicular access shall not require the use of minor
residential access streets.
b) All facilities shall comply with the American Insurance
Association's Flammable and Combustible Liquid's Code.
c) Facilities must meet all E.P.A. and state environmental
requirements.
Trinity Zoning Ordinance Page 8-57

Use: Telecommunications Towers
Radio or Television Towers
Special Use District: RA,M-1,M-2
Standards: See Appendix A-A Local Ordinance Regulating the
Siting of Wireless Telecommunications Towers and
Facilities
Trinity Zoning Ordinance Page 8-58

Use: Veterinary Clinics and Kennels with Outside Runs
Special Use District: RA,M1 &M-2
Construction Requirements: 1. Three sides of each run must have four-foot-high walls of
block concrete.
2. A concrete floor is required.
3. The open side of the run must be screened from the public.
Noise: There shall be no noise generated activities between sunset and
sunrise.
Plan Approval: The city must approve a site plan of the kennel and runs and a waste
treatment plan.
Trinity Zoning Ordinance Page 8-59

ARTICLE IX
NONCONFORMITIES
Section 9-1 Purpose and Intent
If,within the districts established by this ordinance,or by amendments that may later be adopted,there
exist lots, structures and use of land and structures which were lawful before this ordinance was passed or
amended,but which would be prohibited under the terms of this ordinance,it is the intent of this
ordinance to permit these nonconformities to continue until they are removed but not to encourage their
continuance. Such nonconformities are declared by this ordinance to be incompatible with permitted uses
in the districts in which they are located.
It is further the intent of this ordinance that nonconformities shall not be enlarged upon,expanded or used
as grounds for adding other structures or uses prohibited elsewhere in the same district.
Section 9-2 Nonconforming Lots of Record
Single Lots of Record
When a lot has an area which does not conform to the dimensional requirements of the district where they
are located,but such lot was of record at the time of adoption of this Ordinance or any subsequent
amendment which renders such lot nonconforming,then such lot may be built upon if compliance is
achieved with regard to setback dimensions,width, and other requirements,regardless of lot area. Lots
that cannot meet the setback,width,and/or buffering requirements of this Ordinance may seek a variance
from the Board of Adjustments.
Section 9-3 Nonconforming Uses of Land
1) Extensions of Use.Nonconforming uses of land shall not be enlarged or extended in any way
unless otherwise stated in this section.
2) Change of Use. When a non-conforming use of land has been changed to a conforming use,it shall
not thereafter be used for any nonconforming use.
3) Nonconforming Residential Uses of Land - In the case of a residence that is a nonconforming
use of land in a commercial or industrial zone, such residence may be repaired,rebuilt or added to
as long as the dimensional requirements of the district are met.Minor variances in setbacks due to
lot size may be presented to the Board of Adjustment for consideration.This policy is adopted in
the interest of maintaining an adequate stock of housing in Trinity.
4) Manufactured Homes as Nonconforming Residential Uses -Manufactured homes on individual
zoning lots,are a nonconforming use in Trinity.However,in the interest of maintaining an
adequate housing stock in the community,existing manufactured homes are allowed to continue
and in certain instances may be replaced.
(a) Continuation of a Manufactured Home on An Individual Lot—A manufactured home on an
individual lot may be continued,provided that within six months from the date of adoption
of this Ordinance it shall be tied down to resist overturning in the event of high winds.All
tie downs shall be in accordance with the State of North Carolina Regulations for
Manufactured Homes.
Trinity Zoning Ordinance Page 9-1

(b) Replacing a Manufactured Home on an Individual Lot
1. Replacements can be made only in zones R-A, R-40&RM.
2. No replacements will be allowed on property that contains another principal
use.
3. In the interest of preserving housing stock within Trinity,a single wide
manufactured home may be replaced by a Class A or a Class B manufactured
home.
4. A permit must be obtained from the Zoning Administrator.
5. The permit applicant must be the property owner and occupant of the
manufactured home being replaced. Rental units may only be replaced if
destroyed by natural causes.
6. The manufactured home shall have a continuous,permanent masonry
underpinning or simulated rock/masonry panels,unpierced except for
ventilation and access.
7. It shall be tied down to resist overturning in the event of high winds.All such
tie downs shall be in accordance with the State of North Carolina Regulations
for Manufactured Homes.
8. It shall have a front entrance with a minimum 4 ft.x 8 ft.x 4 in.thick concrete
slab at the front door area,or a 5 ft.x 10 ft.treated lumber deck or porch built
of treated lumber and built to North Carolina Building Code specifications at
the front entrance
Section 9-4 'nonconforming Uses of Structures
This category of nonconformities consists of structure used,at the time of passage of this
ordinance,for purposes not permitted in the district in which they are located.
(1) A nonconforming use of a structure may be changed to a conforming use.
(2) A nonconforming use of a structure shall not be changed to another nonconforming use.
(3) When a nonconforming use of a structure has been changed to a conforming use,it
shall not thereafter be used for any nonconforming use.
(4) Normal maintenance and repair of a building occupied by a nonconforming use is
permitted and encouraged provided it does not extend the non-conforming use.
(5) A nonconforming use of a structure shall not be extended or enlarged beyond the
structure in existence at the time the use became nonconforming. Extensions of the
structure to accommodate expansion of a nonconforming use are not permitted.
Trinity Zoning Ordinance Page 9-2

(6) When a nonconforming use of a structure is discontinued for a continuous period of
180 days,any future use of the structure shall be limited to those uses permitted in that
district under the provisions of this ordinance.
Section 9-5 Nonconforming Structures
When a lawful structure exists at the effective date of adoption or amendment of this ordinance that
could not be built under the terms of this ordinance by reason of restrictions on lot coverage,height,
yard size or setbacks,the structure may be continued as long as it remains otherwise lawful, subject
to the following provisions:
1) No structure may be enlarged or altered in a way that increases its nonconformity.
2) Normal maintenance and repair of a nonconforming structure is permitted and encouraged
provided it does not extend the nonconformity.
Section 9-6 Repairs and Maintenance
Buildings or structures other than single-family houses that are destroyed by any means to an extent of
more than 60% of assessed value,exclusive of land value, shall not be reconstructed except in conformity
with the provisions of this ordinance. Nonconforming single family houses that are damaged or
destroyed may be rebuilt on the same lot as long as the amount of nonconformity is not increased.
Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of
any building or part thereof declared to be unsafe by any officials charged with protecting the public
safety,upon order of such official.
Section 9-7 Nonconformities Created by Changes in Zoning Boundaries or
Regulations
Any nonconformance created by a change in district boundaries or ordinance regulations after the date of
passage of this ordinance shall also be governed by the provisions of this Article.
Section 9-8 Nonconforming Signs: See Section 11-12.
Trinity Zoning Ordinance Page 9-3

ARTICLE X
ZONING VESTED RIGHTS AND DEVELOPMENT AGREEMENTS
Section 10-1 Vested Right Conferred
A vested right is conferred pursuant to NCGS 160D-102;-100(d)to undertake and complete the
development and use of property according to the terms and conditions of a site-specific development plan,
approved as provided for in this Article.
Section 10-2 Obtaining a Vested Right
A developer may obtain a vested right as provided by NCGS 160D-102-100(d)to commence a project at a
future date.A vested right is obtained:
(1) automatically when a special use permit is granted by virtue of approval of aspecial use by
the City Council,and
(2) when the City Council approves a site-specific development plan submitted by a developer
in conjunction with an application for a zoning permit with vestedrights.
Section 10-3 Term.
The right to commence a project authorized by any of the above means vests from the date the applicable
permit is authorized and remains vested for two years.
Section 10-4 Zoning Permit Required
A zoning permit is required before commencing work on any project in which a vested right exists.
(1) The Zoning Administrator shall issue the zoning permit for a project in
which the vested right has been conferred by a special use permit.
(2) In any other case,an applicant shall apply for a zoning permit with vested
rights as outlined in Section 10-5 below.
Section 10-5 Application for a Zoning Permit with Vested Rights.
The applicant shall submit seven copies of a site-specific development plan drawn to scale describing
with reasonable certainty the type and intensity of use of the specific parcel or parcels of land.The plan
shall include:
(1) boundaries of the site;
(2) significant topographical and other natural features affecting the
development of the site;
(3) location on the site of the proposed buildings, structures and other improvements;
(4) dimensions,including height of the proposed buildings and other structures;
Trinity Zoning Ordinance Page 10-1

(5) location of all existing and proposed infrastructure on the site including
water, sewer,roads and walkways; and
(6) such other information as the Zoning Administrator may determine to be
necessary in order to determine the specifics of the plan
Section 10-6 Action by City Council.
Upon receipt of a properly prepared site-specific development plan,the Zoning Administrator shall
arrange to bring the plan to the Planning Board for its recommendations and then to the City Council.
(a) Public Hearing-The City Council shall conduct a public hearing with notice
given as provided for in Section 17-1(2)of this Ordinance.
(b) Considerations-In considering an application for a zoning permit with
vested rights,the City Council shall give due regard to whether issuance of
the permit would serve the purpose and intent of this ordinance,secure
public safety and welfare and do substantial justice. If the Council should
find,after public hearing,that the proposed permit should not be granted,
the permit should be denied.
(c) Findings. In granting a zoning permit with vested rights the City Council
shall make the following affirmative findings:
(1) the use requested is among those permitted in the district in
which the property is located and complies with all the
requirements of this and other applicable ordinances;
(2) the requested permit is either essential or desirable for
the public convenience or welfare;
(3) the requested permit will not impair the integrity or
character of the surrounding or adjoining districts and will
not be detrimental to the health, safety, or welfare of the
community;
(4) adequate utilities,access roads,drainage, sanitation
and/or other necessary facilities have been or are being
provided.
(d) Additional Conditions-In granting a zoning permit with vested rights,
the City Council may impose such additional restrictions and
requirements upon the permit as it may deem necessary in order that the
purpose and intent of this ordinance are served,public welfare secured,
and substantial justice done.Approval of a site-specific development
plan with the condition that a variance or modification be obtained shall
not confer a vested right unless and until the necessary variance or
modification is obtained.
(e) Acceptance by pplicant-If all requirements and conditions are accepted by
the applicant,the Council shall authorize the issuance of the permit;
Trinity Zoning Ordinance Page 10-2

otherwise,the permit shall be denied.Any permit so authorized shall remain
vested for two years from the date of the action granting the Permit.
Section 10-7 Violations
Any violation of a term of condition involved the granting of a zoning permit with vested rights shall be
treated the same as a violation of this ordinance and shall be subject to the same remedies and penalties as
any such violation. In addition,the City Council may,after public hearing,revoke any such vested rights
for failure to abide by any such term or condition.
Section 10-8 Other Ordinances Apply.
The establishment of a vested right shall not preclude the application of overlay zoning which imposes
additional requirements but does not affect the allowable type or intensity of use,or ordinances or
regulations which are general in nature and are applicable to all property subject to land use regulation,
including,but not limited to,building, fire,mechanical,electrical and plumbing codes.
Section 10-9 Changes or Amendments.
No change or amendment to any zoning permit with vested rights shall be made except after public
hearing and except as provided for in this ordinance for the original issuance or such permit. If,at the
time of consideration of a proposed change or amendment to an existing permit,the permit or proposed
change or amendment could not be lawfully made under ordinance conditions existing at that time,the
proposed change or amendment shall be denied. In addition,in no case shall there be an extension of the
two-year time period for which the development right is vested. Nothing herein shall exempt plans
related to the permit from subsequent reviews and approvals to ensure compliance with the terms and
conditions of the original approval,provided that such reviews and approvals are not inconsistent withthe
original approvals.
Section 10-10 Types and Duration of Statutory Vested Rights
Amendments to Trinity development regulations shall not be applicable or enforceable regarding
development that has been permitted or approved pursuant to NCGS 160D-108 if one of the types of
approvals listed in this subsection remains valid and unexpired. Each type of vested right listed in this
subsection is defined by and is subject to the limitations provided in this section.Vested rights established
under this section are not mutually exclusive. The establishment of a vested right under this section does
not preclude the establishment of one or more other vested rights or vesting by common law principles.
Vested rights established by Trinity approvals are as follows:
A. Six months-Building permits.-Pursuant to NCGS 160D-1109,a building
permit expires six months after issuance unless work under the permit has commenced.
Building permits also expire if work is discontinued for a period of 12 months after work
has commenced.
B. One year-Other local development approvals. -Pursuant to NCGS 160D-403(c),
unless otherwise specified by statute or local ordinance,all other local development
approvals expire one year after issuance unless work has substantially commenced.
Expiration of a local development approval shall not affect the duration of a vested right
established under this section or vested rights established under common law.
C. Two years- Site-specific vesting plans.
1. Duration. -A vested right for a site-specific vesting plan shall remain vested for a
period of two years.This vesting shall not be extended by any amendments or
Trinity Zoning Ordinance Page 10-3

modifications to a site-specific vesting plan unless expressly provided by Trinity
ordinance.
2. Relation to building permits. -A right vested as provided in this subsection shall
terminate at the end of the applicable vesting period with respect to buildings and uses for
which no valid building permit applications have been filed.Upon issuance of a building
permit,the provisions of NCGS 160D-1109 and NCGS 160D-1113 shall apply,except
that the permit shall not expire or be revoked because of the running of time while a
vested right under this subsection exists.
3. Requirements for site-specific vesting plans.-For the purposes of this section,a
"site-specific vesting plan"means a plan submitted to the Town of Trinity describing
with reasonable certainty the type and intensity of use for a specific parcel or parcels of
property. The plan may be in the form of,but not be limited to, any of the following plans
or approvals: a planned unit development plan,a subdivision plat,a site plan,a
preliminary or general development plan,a special use permit,a conditional zoning,or
any other development approval as guided by Town of Trinity ordinance.What
constitutes a site-specific vesting plan shall be defined by the relevant development
regulation, and the development approval that triggers vesting shall be so identified at the
time of its approval.At a minimum,the regulation shall designate a vesting point earlier
than the issuance of a building permit. In absence of a Town of Trinity regulation setting
forth what constitutes a site-specific vesting plan, any development approval shall be
considered to be a site-specific vesting plan.A variance shall not constitute a site-specific
vesting plan and approval of a site-specific vesting plan with the condition that a variance
be obtained shall not confer a vested right unless and until the necessary variance is
obtained. If a sketch plan or other document fails to describe with reasonable certainty
the type and intensity of use for a specified parcel or parcels of property,it may not
constitute a site-specific vesting plan.
4. Process for approval and amendment of site-specific vesting plans.-If a site-specific
vesting plan is based on an approval required by the Town of Trinity development
regulations,a notice and hearing is required for that underlying approval. If the duration
of the underlying approval is less than two years,that shall not affect the duration of the
site-specific vesting plan established under this subdivision. If the site-specific vesting
plan is not based on such an approval,a legislative hearing with notice as required by
NCGS 160D-602 shall be held. The Town of Trinity may approve a site-specific vesting
plan upon such terms and conditions as may reasonably be necessary to protect the public
health, safety,and welfare. Such conditional approval shall result in a vested right,
although failure to abide by its terms and conditions will result in a forfeiture of vested
rights.The Town of Trinity shall not require a landowner to waive vested rights as a
condition of developmental approval.A site-specific vesting plan shall be deemed
approved upon the effective date of the local government's decision approving the plan or
such other date as determined by the governing board upon approval.An approved site-
specific vesting plan and its conditions may be amended with the approval of the owner
and the local government as follows: any substantial modification must be reviewed and
approved in the same manner as the original approval;minor modifications may be
approved by the Zoning Administrator,if such are defined and authorized by local
regulation.
D. Seven years-Multiphase developments. -A multiphase development shall be
vested for the entire development with the zoning regulations, subdivision regulations,
and unified development ordinances in place at the time a site plan approval is granted
for the initial phase of the multiphase development. This right shall remain vested for a
Trinity Zoning Ordinance Page 10-4

period of seven years from the time a site plan approval is granted for the initial phase of
the multiphase development.For purposes of this subsection, "multiphase development"
means a development containing 100 acres or more that(i)is submitted for site plan
approval for construction to occur in more than one phase and(ii)is subject to a master
development plan with committed elements,including a requirement to offer land for
public use as a condition of its master development plan approval.
E. Indefinite -Development agreements. -A vested right of reasonable duration
may be specified in a development agreement approved under NCGS 160D-1001.
Section 10-11 Annexation Declaration
Any landowner who signs an annexation petition to the City pursuant to NCGS 160A-31 or
NCGS 160A-58.1 shall,as part of that petition,file a signed statement declaring whether or not
vested rights with respect to the property subject to the petition have been established under
NCGS160D-102;-100(d). If the statement declares that such rights have been established,the
City may require petitioners to provide proof of such rights.A statement which declares that no
vested rights have been established by law shall be binding on the landowner and any such vested
right shall be terminated.
Section 10-12 Development Agreements
A. Purpose
The purpose of this Article is to establish standards and procedures for the Town to enter
into Development Agreements for long-term,large-scale developments,in recognition of the
following findings and statements of intent:
1. Large-Scale Development Projects and Long-Term Commitment of Resources
Large-scale development projects often occur in multiple phases extending over a period of
years,requiring a long-term commitment of both public and private resources.
2. Potential Community Impacts
Such large-scale developments often create potential community impacts and potential
opportunities that are difficult or impossible to accommodate within traditional zoning
processes.
3. Careful Integration between Public Capital Facilities Planning, Financing, Schedules
Because of their scale and duration, such large-scale projects often require careful integration
between public capital facilities planning,financing and construction schedules and the
phasing of the private development.
4. Stable Development Standards
Because of their scale and duration, such large-scale projects involve substantial commitments
of private capital by private developers,which private developers are unwilling to risk without
sufficient assurances that development standards will remain stable through the extended
period of the development.
5. Nontraditional Development Types
Because of their size and duration,such developments often permit communities and
developers to experiment with different or nontraditional types of development concepts and
standards,while still managing the impacts on the surrounding areas.
6. Negotiating Flexibility
To better structure and manage development approvals for such large-scale developments and
ensure their proper integration into local capital facilities programs,local governments need
the flexibility in negotiating such developments.
Trinity Zoning Ordinance Page 10-5

7. Plan Consistency
In negotiating for such developments,it is the intent of the Town to remain consistent with the
adopted plans,policies,and goals of the Town as they relate to land use and capital
improvements.
B. Authority
The Town may enter into a Development Agreement with a developer,subject to the procedures
and standards of this Article. In entering into such a Development Agreement,the Town may not
exercise any authority or make any commitment not authorized by general or local act and may
not impose any tax or fee not authorized by otherwise applicable law. If more than one local
government is made party to an agreement,the agreement must specify which local government
is responsible for the overall administration of the Development Agreement.
C. Relationship to Prior Development Approvals
Although an application for a Development Agreement generally is submitted and reviewed
before,or in conjunction with,the first development approval required for the proposed
development(e.g.,a Mixed-Use Development), such an application may be submitted
and decided at any stage of the development. If the application is submitted after
development approvals have been granted,either the Development Agreement should
incorporate the terms and conditions of those prior approvals or any approval of the
Development Agreement shall be contingent upon any amendments to those prior
approvals necessary to ensure conformance between the Development Agreement and
applicable development approvals.
D. Initiation
An application for a Development Agreement may be initiated by any person who may submit
applications in accordance with the provisions of this Article.Applications for development
approvals may be made by the landowner,a lessee or person holding an option or contract to
purchase or lease land,or an authorized agent of the landowner.An easement holder may also
apply for development approval for such development as is authorized by the easement.
E. Procedures
1.Application Contents
An application for a Development Agreement shall include a proposed Development
Agreement that shall, at a minimum, include all of the following:
a) A legal description of the property subject to the agreement and the names of
its legal and equitable property owners.
b) The duration of the agreement.
c) A development schedule,including commencement dates and interim
completion dates at no greater than five-year intervals.
d) The development uses permitted on the property,including population
densities and building types,intensities,placement on the site, and design.
e) A description of public facilities that will service the development,including
who provides the facilities,the date any new public facilities,if needed,will
be constructed, and a schedule to assure public facilities are available
concurrent with the impacts of the development.
Trinity Zoning Ordinance Page 10-6

f) If the Development Agreement provides that the Town shall provide certain
public facilities,the Development Agreement shall provide that the delivery
date of such public facilities will be tied to successful performance by
the developer in implementing the proposed development(such as meeting
defined completion percentages or other performance standards).
g) A description,where appropriate,of any reservation or dedication of land for
public purposes and any provisions to protect environmentally sensitive
property.
h) A description of all local development permits approved or needed to be
approved for the development of the property together with a statement
indicating that the failure of the agreement to address a particular permit,
condition,term,or restriction does not relieve the developer of the necessity
of complying with the law governing their permitting requirements,
conditions,terms,or restrictions.
i) A description of any conditions,terms,restrictions,or other requirements
determined to be necessary by the Town for the public health, safety,or
welfare of its citizens.
j) A description,where appropriate,of any provisions for the preservation and
restoration of historic structures.
k) An indemnification and "hold harmless" clause whereby the
developer/property owner holds the Town and its agents harmless from
liability for damages,injury,or death that may arise from the direct or
indirect operations of the owner,developers,contractors, and subcontractors
that relate to the project.
The proposed Development Agreement may include the following:
1) A provision that the entire development or any phase of it be commenced or
completed within a specified period of time.
2) Other defined performance standards to be met by the developer.
3) Other matters not inconsistent with law.
The application shall include a master plan that depicts the general configuration and
relationship of the principal elements of the proposed development, including major uses,
general building types, pedestrian and vehicular circulation, open space,public facilities,
and phasing.
2. Review and Report by Town Manager or Administrator
As part of the staff review of the application,the Manager/Administrator or the
designee may negotiate revisions to the proposed Development Agreement consistent
with the provisions of Subsection H Development Agreement Standards.
3. Review and Recommendation by Planning Board
Following staff review,preparation of a staff report,and provision of public
notification in accordance with Subsection g. Development Agreement Standards,the
staff shall recommend that:
• the Town enter into the Development Agreement as submitted;
• the Town enter into the Development Agreement application subject
to modifications agreed to by the applicant,in writing;or
Trinity Zoning Ordinance Page 10-7

• the Town does not enter into the Development Agreement.
4. Review and Action by Governing Board
Following Planning Board review,the governing body shall conduct a legislative
public hearing on the application in accordance with public hearing guidance.
Thereafter the Board may vote:
• To enter into the Development Agreement as submitted;
• To enter into the Development Agreement, subject to modifications
agreed to by the applicant,in writing;
• Not to enter into the Development Agreement; or
• Remand the application to the Planning Board for further
consideration.
Trinity Zoning Ordinance Page 10-8

DEVELOPMENT AGREEMENT PROCEDURES DIAGRAM
Pre-Application
Town Board Conference
Hearing/ Decision
(Optional)
Hearing0 PF
0 0 0
hedule : 40 Submit Applicati
• blic Notification
Now
F. Recording the Agreement
Within 14 days after entering into a Development Agreement,the Town shall record the agreement
with the Register of Deeds.
G. Development Agreement Standards
In consideration of the Town's participation in a Development Agreement,a development subject to
the agreement must meet the following criteria:
1. Planned Development
The information regarding the property subject to the Development Agreement
Trinity Zoning Ordinance Page 10-9

shall contain details of the property and the planned development in accordance
with NCGS 160D Article 10 Development Agreements.
2. Phasing and Duration of Development
The development shall demonstrate phasing and participation in the proposed
agreement shall be of reasonable terms that shall be specified in the agreement.
3. Impact on Capital Improvements
The development shall demonstrate the impact on existing and future provisions
of capital improvements by the Town including at least one of the following:
transportation,potable water, sanitary sewer, solid waste, stormwater
management,educational,parks and recreational, and health systems and
facilities.
H. Effect of Development Agreement
1. Burdens and Benefits
The burdens of the Development Agreement are binding upon,and the benefits
of the agreement shall inure to,all successors in interest to the parties to the
agreement.
2. Rights and Obligations
Rights and obligations established by a Development Agreement shall not
preclude or supersede rights and obligations established pursuant to other law
regarding building permits,site specific development plans,phased
development plans or other provisions of law.
3. Building Code
A Development Agreement shall not exempt the property owner or developer
from compliance with the State Building Code.
4. Subsequently Enacted Laws
Unless the Development Agreement specifically provides for the application of
subsequently enacted laws,the laws applicable to development of the property
subject to a Development Agreement are those in force at the time of execution
of the agreement.
5. Application of Subsequently Adopted Laws
Except for grounds specified in Section 160D-1-(e)of the North Carolina
General Statutes,the Town may not apply subsequently adopted ordinances or
development policies to a development that is subject to a Development
Agreement.
6. Change in State or Federal Law
If State or Federal law is changed after a Development Agreement has been
entered into and the change prevents or precludes compliance with one or more
provisions of the Development Agreement,the Town,by ordinance after notice
and a hearing,may modify the affected provisions,upon a finding that the
change in State or Federal law has a fundamental effect on the Development
Agreement.
7. Vested Rights
This Ordinance does not abrogate any rights preserved by NCGS 160D-1-8,or
Trinity Zoning Ordinance Page 10-10

that may vest pursuant to common law or otherwise in the absence of a
Development Agreement.
I. Approval of Debt
If any of the obligations of the Town in the Development Agreement constitute debt,the Town shall
comply,at the time of the obligation to incur the debt and before the debt becomes enforceable
against the Town,with any applicable constitutional and statutory procedures for the approval of this
debt.The agreement shall be signed by the Town Attorney,Finance Director, and Town Manager.
J. Periodic Review and Breach of Agreement
1. Annual Review
During any period of time in which a development permit is active,the Town shall
review the development at least once every 12 months for compliance with the
agreement. The developer shall be required to demonstrate good faith compliance
with the terms of the Development Agreement. The failure to meet a
commencement or completion date specified in the Development Agreement shall
not,in and of itself,constitute a material breach of the agreement,but must be
judged based upon the totality of the circumstances.
2. Material Breach
If the Town finds and determines that the developer has committed a material
breach of the terms or conditions of the Development Agreement,the Town shall
serve written notice of the breach upon the developer within a reasonable time
after the periodic review. Such notice shall set forth with reasonable particularity
the nature of the breach and the evidence supporting the finding and determination
and shall provide the developer a reasonable time in which to cure the material
breach.
3. Failure to Cure Material Breach
If the developer fails to cure the material breach within the time given,then the
Town unilaterally may terminate or modify the Development Agreement.
4. peal
The notice of termination or modification may be appealed to the Board of
Adjustment for review and decision in accordance with Section 7-13(D Appeals.
K. Amendments to Development Agreement
1. Mutual Consent
A Development Agreement may be amended or canceled by mutual consent of
the parties to the agreement or by their successors in interest.
2. Major Modification
Consideration of a proposed major modification of a Development Agreement
shall follow the same procedures as required for initial approval of the
agreement.
3. Minor Modification
The Planning Director may approve minor modifications of the Development
Agreement with the mutual consent of the other parties to the agreement,without
following the same procedures as required for initial approval of the agreement,
upon making written findings that the proposed modifications would not
significantly change the use,intensity,or design of the development,would be
consistent with the purposes and goals of the agreement,would comply with this
Ordinance, and would not adversely affect the public health, safety,or general
welfare.
Trinity Zoning Ordinance Page 10-11

L. Assumption of Jurisdiction Over Development Agreements
1. Town Assumes Planning Jurisdiction
If the Town assumes planning jurisdiction over property subject to a
Development Agreement established by another jurisdiction, such development
agreement shall be valid for the duration of the agreement,or eight years from
the effective date of the Town's assumption of planning jurisdiction over the
subject property,whichever is earlier.
2. Rights and Obligations
The parties to the development agreement and the Town shall have the same
rights and obligations with respect to each other regarding matters addressed in
the Development Agreement as if the property had remained in the previous
jurisdiction.
3. Modification or Suspension
The Town may modify or suspend the provisions of the Development Agreement
if the Town determines that the failure to do so would place the residents of the
area subject to the Development Agreement,or the residents of the Town's
planning jurisdiction,or both,in a condition dangerous to their health or safety,
or both.
Trinity Zoning Ordinance Page 10-12

ARTICLE XI
SIGNS
Section 11-1. Findings,Purpose,Intent,&Interpretations
(a) The intent of this Article is to authorize use of signs whose types, sizes, and arrangements are
compatible with their surroundings;appropriate to the type and intensity of activity to properties or
occupants of products or on the community as a whole;legible in the circumstances in which they
are seen; and appropriate to traffic safety.
(b) Signs obstruct views,distract motorists,displace alternative uses for land,and pose other problems
that legitimately call for regulation. The purpose of this article is to regulate the size, color,
illumination, movement, materials, location, height, and condition of all signs placed on private
property for exterior observation,thus ensuring the protection of property values,the character of
the various neighborhoods, the creation of a convenient, attractive and harmonious community,
protection against destruction of or encroachment on historic convenience to citizens and
encouraging economic development. This article allows adequate communication throughsignage
while encouraging aesthetic quality in the design,location,size and purpose of all signs.This article
must be interpreted in a manner consistent with the First Amendment guarantee of free speech.
(c) If any provision of this article is found by a court of competent jurisdiction to be invalid, such
finding shall not affect the validity of other provisions of this article which can be given effect
without the invalid provision.
(d) A sign placed on land or on a building for the purpose of identification, protection or directing
persons to a use conducted therein is deemed to be an integral but accessory and subordinate part
of the principal use of land or building. Therefore,the intent of this article is to establish limitations
on signs in order to ensure they are appropriate to the land, building, or use to which they are
appurtenant and are adequate for the intended purpose while balancing the individual and
community interests identified in this section.
(e) These regulations do no regulate every form and instance of visual communication that may be
displayed anywhere within the jurisdictional limits of the City. Rather,they are intended to regulate
those forms and instances that are most likely to meaningfully affect one or more of the purposes
set forth above.
(f) These regulations do not entirely eliminate all of the harms that may be created by the installation
and display of signs. Rather, they strike an appropriate balance that preserves ample channels of
communication by means of visual display while still reducing and mitigating the extent of the
harms caused by signs.
(g) This ordinance is not intended to and does not apply to signs erected,maintained or
otherwise posted, owned or leased by the State of North Carolina,the federal government
or this City. The inclusion of"government"in describing some signs does not intend to
subject the government to regulation, but instead helps illuminate the type of sign that
falls within the immunities of the government from regulation.
Trinity Zoning Ordinance Page 11-1

Section 11-2 .General Limitations on All Signs
(a) Unless specifically exempted,no sign visible from a public right-of-way,whether exterior or interior
to a structure, shall be erected,displayed or substantially altered except in accord with the provisions
of this Article and until a permit has been issued by the City.
(b) No sign,including the supports,frames,and embellishments, shall be located on a public right-of way
unless otherwise exempted Section 114.g.
(c) No sign shall obstruct a door,fire escape, stairway,ladder,or opening intended to provide ingress or
egress for buildings, structures or lots.
(d) No sign shall have more than two(2)display surfaces.
(e) Illuminated signs may have either an exterior or interior source of illumination. Exterior illumination
shall be beamed down and away or shielded from any public street or right of way,residential district,
or from abutting properties or oncoming traffic. Internal illumination,where the source of
illumination is from within the sign itself,shall not present a glare such that it distracts traffic or is a
nuisance to nearby property owners.All wiring,grounding,etc.for illuminated signs shall meet the
requirements of the National Electric Code.
(f) All signs shall be maintained in a state of good repair.No sign shall be continued which becomes
structurally unsafe or endangers the safety of the public or property. When evidence of an unsafe
sign is brought to the attention of the Zoning Officer,he shall order that such sign be made safe or be
removed.A period of forty-eight(48)hours following receipt of the notice by the person or firm
owning or using the sign shall be used for compliance.
Section 11-3 Prohibited Signs
Unless otherwise permitted under this Article,the following signs are prohibited in all zoning districts:
(a) Any sign not authorized by the Code of Ordinance s2;and
(b) Any sign not constructed pursuant to a valid building permit where one is required.
(c) Animated rotating,flashing or other moving or apparently moving signs(except as permittedin
the O&I zoning district),
(d) Signs and/or devices consisting of wind-blown propellers, strung light bulbs,balloons more than
three feet in diameter,gas filled figures and similar devices(except as permitted in the non-
residential temporary sign section(Section 11-9(b)).
(e) Sign which encroaches over a public right-of-way,except that projecting signs, shall
clear sidewalks, and pedestrian paths by a height of at least eight(8)feet.
2"The Code of Ordinances"is intended to mean the code of the city and is not intended to be limited to this Sign
Code ordinance.Other City ordinances mention signs and/or have the potential to do so in the future.
Trinity Zoning Ordinance Page 11-2

(f) Signs that are attached to or mounted on vehicles that are parked in the same location visible to
the general public for more than seven days in one year and it are evident that the principal use of
the vehicle is for advertising rather than transport.
(g) Signs or lights of any type that make use of the words"STOP,""SLOW,""CAUTION,"
"DANGER,"or any other word,phrase, symbol or character in such a manner as is reasonably
likely to be confused with traffic directional and regulatory signs and do not conform the Uniform
Manual of Traffic Control devices,published by the N.C. Dept. of Transportation;
(h) Signs located in such a manner as to obscure,or physically interfere with the effectiveness of an
official traffic sign, signal or device,obstruct or physically interfere with the driver's view of
approaching,merging or intersecting traffic;
(i) Mobile or portable signs(including A and T shaped signs).
(j) Snipe signs,including but not limited to signs affixed to or painted on a utility pole,light
standard,traffic control post or painted on trees,rocks,or other natural features.
(k) Graffiti.
Section 11-4 Signs Not Authorized in All Zoning Districts
The following signs are exempt from permit requirements provided they comply with Section 11-2:
(a) Signs bearing only property identification numbers and names,post office box numbers of
occupants of the premises or other identification of premises so that public safety agencies can
easily identify the property from a public street. In cases where the building is not located within
view of the public street,the identifier shall be located on a mailbox or other suitable device
visible from the street. Such signs shall not be illuminated. The size and location of the
identifying numerals and letters(if any)must be proportional to the size of the building and the
distance from the street to the building and in no case larger than two (2) square feet in area per
display surface.Two(2) signs per zoning lot are permitted;
(b) Government signs which form the expression of that government are allowed in every zoning
district when erected and maintained pursuant to law. Examples include,but are not limited to,
flags and insignia of government,legal notices,bankruptcy,estate and legal sale signs,and traffic
directional or regulatory signs as allowed under the Manual of Uniform Traffic Control Devices,
published by the N.C. Dept. of Transportation,most recent edition as erected by or on behalf of a
governmental body;
(c) Memorial signs or tablets, and names and construction dates of buildings when cut into any
masonry surface or affixed to a building;
(d) Traffic control devices on private or public property erected and maintained to comply with the
Manual on Uniform Traffic Control Devices adopted in this state and if not adopted by this state
with the Manual on Uniform Traffic Control Devices adopted by the N.C. Department of
Transportation.
(e) Premise signs are permitted on private property with the permission of the property owner,
provided such signs do not exceed nine square feet in area per display surface.The material of
the signs must be permanent in nature. Signs cannot be made up of aluminum,fiberglass,
cardboard,or plastic without a metal frame around the sign to protect it from weathering. Grass
cannot be allowed to cover the message of the signs. Off-premise signs are not allowed to be
Trinity Zoning Ordinance Page 11-3

illuminated.
(f) One sandwich board sign,per street frontage per business,in any of the commercial districts as
a. The total area of the signboard shall not exceed eight square feet per side.
b. Any sandwich board shall not exceed two linear feet in width,width with amaximum
height of 48 inches.
c. The sign shall be located within the storefront of the business installing the sign,andits
location shall not interfere with pedestrian or vehicular traffic.
d. The sign must be constructed of materials that present a finished appearance.The sign
lettering should be professionally painted or applied; however,chalkboard signs shall be
permitted.
e. The sign shall be removed at the end of the day.
f. Any person erecting a sandwich board sign shall indemnify and hold harmless the City of
Trinity and its employees from any claim arising out of the presence of the sign on city
property or right-of-way.
(g) Signs erected in the right of way.
a. During the period beginning on the 30th day before the beginning date of"one stop"early
voting and ending on the 10t1i day after the primary or election day,person may place signs
in the right-of-way of the State highway system or City Street as provided in this section.
Signs must be placed in compliance with subsection i(below) and removed by the end of
the period prescribed herein.
i. Sign Placement—The permittee must obtain the permission of any property ownerof
a residence,business or religious institution fronting the right-of-way where a sign
would be erected. Signs must be placed in accordance with follow:
1. No sign shall be permitted in the right-of-way of a fully controlled access
highway.
2. No sign shall be closer than three feet from the edge of the pavement of
the road.
3. No sign shall obscure motorist visibility at an intersection.
4. No sign shall be larger than 864 square inches.
5. No sign shall obscure or replace another sign.
6. No sign shall be higher than 42 inches above the edge of the pavement of
the road.
Section 11-5. Signs Requiring a Permit
Unless specifically exempted,no sign visible from a public right-of-way,whether exterior or interior to a
structure, shall be erected,displayed or substantially altered except in accord with the provisions of this
Article and until a permit has been issued by the City.
Section 11-6. Permit Application.
(a) Application for sign permits shall be submitted on forms obtained at the Trinity City Hall. Each
application shall be accompanied by plans which:
(1) Indicate the proposed site by identifying the property by ownership,location and use;
(2) Show the location of the sign on the lot in relation to property lines and buildings,zoning
district boundaries,right-of-way lines,and existing signs;and
(3) Show(drawing to scale)size,character,complete structural specifications and methods of
anchoring and support.
Trinity Zoning Ordinance Page 11-4

(b) The Zoning Administrator may also require such additional information as will enable a
determination that the sign can or cannot be erected in conformance with this ordinance.
(c) A fee established by the City shall be charged to erect a sign in the City of Trinity.
Section 11-7. Specific Sign Regulations in Agricultural and Residential Districts.
The following signs require a permit from the Zoning Administrator. With the exception of signs
generally permitted in Section 11-4 and 11-9,no sign shall be erected or displayed in any residential
district except as provided below:
(a) For Residential Developments(including identification of a subdivision,multi-family
development,or planned development,or the name,name of management firm and telephone
number of an apartment group)the maximum size and number of signs that the owner(s)may
erect and maintain at the entrance(s)to the development must meet the following standards:
(1) No more than two freestanding entrance signs per access, sixty(60) square feet in area per
display surface,with a maximum height of eight(8)feet if ground mounted or no higherthan
the roof line if wall mounted.
(2) One announcement sign for subdivisions with open lots is allowed. The ground mounted
post(s)may have a max of 2 signs,maximum size of each sign is 50 square feet, and the
maximum height of the sign is 15 feet.The announcement sign must be removed 30 days
after the last lot has been sold.
(3) One information sign may be allowed in a subdivision entrance at a model home location.
The information sign maybe free standing or on a wall. The ground mounted post(s)or wall
may have no more than 2 signs,each sign can be no larger than 16 square feet in area.And
no higher than 10 feet or the roof line if wall mounted. These signs must be removed 30 days
after the model home has been sold.
(b) Home occupation signs identifying a home occupation,provided such signs are not illuminated
and are limited to one wall or one freestanding sign per lot and a maximum display surface of
four(4) square feet;and
(c) Nonresidential signs identifying nonresidential uses permitted as a principal or special use in
residential districts;provided such signs are limited to one freestanding sign per zoning lot orone
wall sign per lot and thirty-two(32) square feet in area and 10 feet high. Such signs may be
illuminated upon review and approval of the Zoning Administrator.
(d) Off-Premise Signs facing the Interstate (Outdoor Advertising Signs)—Off-premises signs
(outdoor advertising signs)are permitted within,400 feet of Interstate-85 right-of-way. If within
the 400 feet distance to the right-of-way,billboard signs are allowed with a maximum height of
Trinity Zoning Ordinance Page 11-5

60 feet,maximum area of display surface of 672 square feet(14 feet by 48 feet),minimum
distance apart of 1,320 feet or%4 of a mile; and are oriented to face the travel lane(s)of the
interstate. The parcel that the sign is located on must not have a housing density greater than one
house per 2.5 acres and the sign location must be more than 100 feet from the house or any other
structure. The minimum parcel size must be 2.5 acres.
(e) Off-Premises Signs not facing the Interstate—Off-premise signs not facing the interstate will
have a max area of display of nine (9) square feet, and a maximum height of 6 feet.All signs
must have a frame around them unless approved by the Zoning Administrator or Code
Enforcement Officer. Signs cannot be in the right-of-way,they cannot be partially or completed
covered by grass/weeds, and they cannot be illuminated.
(f) Location: Permitted signs may be anywhere on the premises,except in a required side yard or
within a site triangle,or within street right-of-way.
Section 11-8. Signs Permitted in O-I,HC,RM-U,M-1,&M-2.
(a) The following signs require a permit from the Zoning Administrator. With the exception of signs
generally permitted in Section 11-4, no sign shall be erected or displayed in the above listed districts
except as provided below for the type of sign and the zoning district in which it is located.
(b) Where a zoning lot contains more than one principal use or establishment,the provisions below shall
apply to the zoning lot as a whole, and the owner(s)of the zoning lot shall be responsible for
allocating permitted signs and display surface areas among the individual uses or establishments.The
sign plan submitted for such zoning lot shall show all signs located or proposed thereon and shall be
designed so that all signs are in harmony and consistent with each other.
(c) Freestanding Signs-On premise freestanding signs may be erected and displayed on a zoning lot in
compliance with the maximum dimensional limitations stated below,provided:
(1).The zoning lot on which a freestanding sign is located shall be accessible by
automobile and contain off-street parking for the principal uses(s);
(2).Freestanding signs shall be limited to one sign per street frontage for each zoning lot;
(3).No freestanding sign shall be permitted on the same lot frontage where there is
projecting sign;
(4).Freestanding signs shall clear driveway and parking areas by a height of at least
fourteen(14)feet and shall clear sidewalks and pedestrian paths by a height of least
nine(9)feet.
(5).Announcement Signs—One announcement sign is allowed outside of the normal
advertising freestanding sign as long as all lots/or building sites located on the site
plan have not been built on.The ground mounted post(s)may have a max of 2 signs,
maximum size of each sign is 50 square feet, and the maximum height of the sign is
15 feet. The announcement sign must be removed 30 days after the last lot/or building
site has been sold.
Trinity Zoning Ordinance Page 11-6

(d) Projecting Signs -Projecting signs may be erected and displayed on a zoning lot in compliance with
the maximum area per display surface limitations contained below provided:
(1).The building to which a projecting sign is attached shall be twenty(20)feet or more in
width;
(2).Projecting signs shall be limited to one sign per street frontage, and shall notbe
located closer than fifty(50)feet to any other projecting sign;
(3).No projecting sign shall be permitted on the same street frontage where there is a
freestanding sign;
(4).Projecting signs shall clear sidewalks and pedestrian paths by a height of at least ten
(10)feet and shall project no more than five (5)feet from the building to which they
are attached, and shall not extend beyond the inner edge of the curb line;
(5).No projecting sign shall extend above the soffit,parapet or eave line,as appropriate,
of the building to which it is attached;
(6).Projecting signs shall not be located at the intersection of building comers except at
right angles to a building fagade; and
(7).The message of projecting signs shall be limited to the names(s)of the
establishment(s)located on the zoning lot and/or the name of a multi-use development
located thereon.
(e) Wall Signs-Wall signs may be erected and displayed on a zoning lot in compliance with the
requirements below:
(1).Posters and paper signs displayed on or through windows are exempt;
(2).Wall signs placed in the space between windows on different stories of a building
shall not exceed in height two-thirds(2/3)of the distance between the top of a window
and the sill of the window above;
(3).No wall sign shall protrude more than twelve(12)inches from the wall to which it is
attached nor exceed 150 square feet per principle business;
(4).No wall sign shall extend above the peak of the roof of the building to which it is
attached;
(5).The display area of wall signs painted on,affixed to or otherwise displayed on or
through a fagade window shall not exceed 15%of the area of the window;
(6).Wall signs,or portions of wall signs,placed between window spandrels shall not
exceed in height two-thirds of the height of the spandrel;
(7).In industrial zones,wall signs on the side of buildings abutting to lots zoned
residential are permitted only when the building is at least fifty(50)feet from the side
lot line of the residential lot;and
Trinity Zoning Ordinance Page 11-7

(8).Wall signs on the side of buildings in the O&I zone are not permitted.However,
individual letters that identify the name of said building are permitted;
(9).Wall signs shall not cover or interrupt major architectural features.
(f) Marquee or Awning Signs-Marquee signs may be erected and displayed on a zoning lotin
compliance with the requirements below:
(1) Signs hung below a marquee or awning shall conform in size and appearance to
existing signs under the same marquee or awning. Where there are no such existing signs
under a marquee or awning, signs being under them shall be no more than ten(10)inches
high and three (3)feet long;
(2) Marquee and awning signs shall not be illuminated;and
(3) Signs below a marquee or awning shall not be less than nine(9)feet above the ground or
sidewalk.
(g) Off-Premises Signs facing the Interstate (Outdoor Advertising Signs) — Off-premises signs (outdoor
advertising signs) are permitted within, 400 feet of Interstate-85 right-of-way. If within the 400 feet
distance to the right-of-way,billboard signs are allowed with a maximum height of 60 feet,maximum
area of display surface of 672 square feet(14 feet by 48 feet),minimum distance apart of 1,320 feetor
%4 of a mile; and are oriented to face the travel lane(s)of the interstate.
(h) Off-Premise Signs not facing the Interstate—Off-premise signs not facing the interstate will have a
max area of display of nine(9)feet,and a maximum height of 6 feet.All signs must have a frame
around them unless approved by the Zoning Administrator or Code Enforcement Officer. Signs
cannot be in the right-of-way,they cannot be partially or completed covered by grass/weeds, and they
cannot be illuminated.
(1) Animated signs are allowed in O&I zoning as long as the sign meets the other requirement described
in section 11-8 and 11-10.
Section 11—9 Temporary Signs
Temporary signs are allowed at any time without a permit under section 11-4 may receive a permit from
the zoning administrator provided they meet the standards of this section:
(a) Residential Zoning Districts:
a. The signs may be erected only with the permission of the property owner;
b. Temporary sign permits may be issued for no more than thirty days each;
c. Temporary sign permits may be issued for no more than six times per year for each
property;
d. The total area of all temporary signs may be no larger than six square feet. Signs may be
no taller than four feet.3
e. This section does not authorize snipe signs.
(b) Non-Residential Zoning Districts:
a. The signs may only be erected with the permission of the property owner;
3 For example,three 2-foot square signs are permitted.
Trinity Zoning Ordinance Page 11-8

b. Temporary signs permits may be issued for no more than thirty days each are allowed,
this includes banners,flags, and pennants;
c. Temporary sign permits may be issued no more than six times per year for each property
d. The total area of all temporary signs may be no larger than thirty-two square feet. Signs
may be no taller than eight feet.4
e. This section does not authorize snipe signs.
(c) Signs in residential properties that open the property up to the public are allowed,provided such signs
do not exceed one sign per street frontage per zoning lot or one sign per four hundred(400)feet of
street frontage,or six(6)square feet in area per display surface for residential properties.For non-
residential properties, said signs can be used when the property is open to the public during abnormal
business hours or when the company/entity is closed. Said sign can be thirty-two (32) square feet in
size. Said signs are to be removed in no more than seventy-two (72)hours after the property has
been closed to the public.'
(d) Construction site identification signs whose message is limited to identification of architects,
engineers,contractors and other individuals or firms involved with the construction,the name of the
building,the intended purpose of the building,and the expected completion date,provided such signs
do not exceed thirty-two(32) square feet in area per display surface,are not erected before issuance
of a Building Permit,and are removed within seven(7)days of issuance of a Certificate of
Occupancy. Construction signs in residential zones shall not be illuminated orreflectorized.
Fence wraps displaying signage when affixed to perimeter fencing at a construction site are permitted
until the certificate of occupancy is issued for the final portion of any construction at that site.No
fence wrap affixed pursuant to this subsection may display any advertising other than advertising
sponsored by a person directly involved in the construction project and for which monetary
compensation for the advertisement is not paid or required.6
(e) One temporary sign may be located on the owner's property when the property owner is opening the
property to the public;provided,however,the owner may not use this type of sign for more than three
(3)consecutive days. This Section does not authorize snipe signs.'
(f) During the 40-day period December 1 to January 10,a property owner may place unlimited
temporary signs on the property to decorate the property even if the lights might be arranged to form
a sign.This Section does not authorize snipe signs.
4 For example,two 16 square foot signs are permitted.
"Ibis Section offers an opportunity for a person to put a"for sale"sign on the property.A"for sale"sign will allow for the
public to look at a property when it normally wouldn't be able to when it was not"for sale".
6 Fence wraps were added to NC Gen Stat. 160A-3810)in 2015.(160D-908)
7 This Section offers an opportunity for signs for garage sales,yard sales and the like.
Trinity Zoning Ordinance Page 11-9

Section 11-10. Sign Area and Height Limitations.
Freestanding Signs Projecting Signs Wall Signs
District Maximum Area Maximum Height Maximum Area Per Maximum Percentage
Per Display to Top of Sign Display Surface Fagade Coverage
Surface
HC 100 sq/ft** 50* 32 sq. ft. 5%
RM-U 32 sq. ft. 15 ft. 32 sq. ft. 5%
OI 50 sq. ft.** 15 ft. 32 sq. ft. 5%
M-1 100 sq. ft.** 10 ft. 32 sq. ft. 5%
M-2 100 sq. ft.** 10 ft. 32 sq. ft. 5%
Except where the sign is located within four hundred(400)feet of an interstate right-of-way or
interchange,in which case,the maximum height shall be sixty(60)feet.
** Two free standing signs are allowed if abutting two roads.
Section 11-11. Calculating Area and Number
(a) The area of a display surface of a sign shall be computed as including the entire area,within a regular
geometric form or combination of forms,comprising of all the display area of the surface and
including all of the elements of the matter displayed and the sign frame. Structural members not
bearing advertising matter shall not be included in the computation of a sign area.
(b) For the purpose of determining number of signs,a sign shall be considered to be a single display
device containing elements organized,related,and composed to form a unit.
Section 11-11. Calculating Area and Number
(c) The area of a display surface of a sign shall be computed as including the entire area,within a regular
geometric form or combination of forms,comprising of all the display area of the surface and
including all of the elements of the matter displayed and the sign frame. Structural members not
bearing advertising matter shall not be included in the computation of a sign area.
(d) For the purpose of determining number of signs,a sign shall be considered to be a single display
device containing elements organized,related,and composed to form a unit.
Section 11-12. Nonconforming Signs
(a) It shall be unlawful for any person to erect or place any sign which does not conform to the
requirements of this Article.
(b) Minor repairs and maintenance of nonconforming signs such as repainting and electrical repairs are
permitted.However,no repair in excess of 50%of a sign's original cost shall be made in any twelve-
month period without complying with the provisions of this ordinance.
Trinity Zoning Ordinance Page 11-10

(c) A nonconforming sign shall not be replaced by another nonconforming sign except that the
substitution or interchange of poster panels,painted boards or demountable material on
nonconforming signs shall be permitted.
(d) If any sign is erected or maintained in violation of this section,the Zoning Administrator shall notify
the owner of such violation and the manner in which such violation is to be remedied. If the violation
is not remedied within a reasonable time as set forth in this notice,or the sign is not removed after
notice of violation,the City Council shall have the right to have the sign removed at the expense of
the owner for which the City shall bear no liability.
Trinity Zoning Ordinance Page 11-11

ARTICLE XII
AREA,YARD AND HEIGHT REQUIREMENTS
Section 12-1 Front Yard Averaging
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 partially within one-hundred(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 front yard on such lots may be less
than the required front yard but not less than the average of the existing front yard on the aforementioned
lots,or a distance of ten(10) feet from the street right-of-way,whichever is greater.
Section 12-2 Height Limitations.
The height limitations of this ordinance shall not apply to church spires,belfries,cupolas,and domes not
intended for human occupancy;monuments,water towers,observation towers,chimneys,masts,aerials
and similar structures, smoke stacks,conveyors, and flag poles,except as otherwise provided in the
vicinity of airports.
Section 12-3 Visibility at Intersections.
On a corner lot in any residential district no planting, structure, sign,fence,wall or obstruction to
vision more than three (3)feet in height measured from the center line of the street may be placed or
maintained within the triangular area formed by the intersecting street right-of-way lines and a straight
line connecting points on said street right-of-way lines,each of which is thirty-five (35)feet distant from
the point of intersection.
Trinity Zoning Ordinance Page 12-1

Section 12-4 Yard, Area and Height Requirements
Table 12-4 AREA,YARD&HEIGHT REQUIREMENTS
Minimum Lot Min.Lot Width Min.Front Min.Side Yard Min.Rear Yard Max Height
District Size,(Sq.ft.) at Bldg.Line Yard Setback Setback(ft.) Setback(ft.) (ft.)
ft. ft.
RA Residential Agricultural
Single Family 2.5 acres 100 40 low 25(e)(9) 35
Two Family 100 40 low 25(e)(9) 35
R-40 Residential
Single-Family 40,000 100 40 l0w 25(e)(9) 35
Two-Family 50,000 100 40 l0w 25(e)(9) 35
R-20 Residential
Single-Family 20,000 80 30 low 25(e)(9) 35
R-12 Residential(3 units/acre) 12,000 75 30 low 25(e)(9) 35
Single-Family
R-10 Residential(4 units/acre) 10,000 60 30 low 25(e)(9) 35
Single-Family
RM Mixed Residential
Single Family 10,000(4 60 30 low 25(e)(g) 35
units/acre)
Two Family(1) 20,000 80 30(d) low 25(e)(g) 35
Multi Family(Special use)(1) 12,000+ N/A N/A low 25(e)(g) 35
3,000 for each
unit over 2
Townhomes Same as multi- N/A 15 10'between 25(e)(g) 35
family buildings
RM-U Mixed Residential Urban
Single Family 10,000(4 N/A 10 10w 25(e)(g) 35
units/acre)
Two Family(1) 20,000 low 25(e)(g) 35
Multi Family(Special use)(1) 12,000+ low 25(e)(g) 35
3,000 for each
unit over 2
Same as multi- 15 10'between 25 e
Townhomes buildings O(g) 35
family
Non-Residential N/A
Trinity Zoning Ordinance Page 12-2

Minimum Lot Size, Min.Lot Width at Min.Front Yard Min. Side Yard Min.Rear Yard
District Sq.ft.) Bldg.Line(ft.) Setback(ft.) Setback(ft.) Setback(ft.) Max Height(ft.)
Office&Institutional
CommerciaUProfessional Office N/A 75 25(d) 8(a) 20(e)(g) 50
HC Business N/A 50 15(b)(d) 5(h) 20(e)(g) 50
M-1 Manufacturing N/A (f) 50(c)(d) 20 20 50
M-2 Manufacturing N/A (f) 50(c)(d) 15(a) 20 50
(a) Comer lot add five(5')feet on street side.
(b) Minimum required front yard setback shall be developed for sidewalks,grass and/or plants and the necessary entrance driveways.
(c) Except for the necessary drives and walks,the front yard shall not include off street parking,other than for visitors and office employees. All other employees
parking and loading shall be behind or beside the structure.
(d) Front yard shall also be landscaped in grass and ornamental shrubs and trees.
(e) Detached accessory structures may be placed no closer than five (5)feet from the rear lot line.
(f) In these zoned districts,the frontage on an individual lot on a public street shall not be below seventy-five(75')feet.
(g) In all zoned districts,where a swimming pool is an approved accessory to a primary residence or other structure there shall be provided around the perimeter,
an enclosed fence with a minimum height of four(4')feet,with all gates provided being self-closing and all vertical or horizontal openings being no more than
four(4")inches,which would deter and/or prevent the accidental or unauthorized use of said swimming pool.Fences which enclose the rear yard of the
property shall be approvable if they totally secure that area in and around the swimming pool structure.
(h) One side lot line may be zero(0')feet while the opposite line may be no closer than fifteen(15')feet.
(i) Fences shall be allowed in all yards,but any fence located in a front yard area shall neither exceed a height of four(4')feet nor impede vehicular visibility or
movement at any intersection or driveway entrance nor shall it encroach upon the right-of-way of any street. Stockade type privacy fences in residentially zoned
areas shall not exceed eight(8')feet in side and rear yard areas.All fences in side yard areas adjoining a public street shall be set back at least 5 feet from the
right-o-way of the public street to provide adequate sight visibility for vehicular and pedestrian traffic.
(j) When subdividing large lots within older residential subdivisions as per Trinity Subdivision Regulations,it shall be demonstrated by the developer prior to plat
approval by the Zoning Administrator,that all newly constructed dwellings will conform to the same setback as existing structures located on either side of the
lot being subdivided.
(k) Placement of Manufactured Homes in the RM zone must conform to Section 7-11B Manufactured home Overlay District.
(1) Requirements of Trinity's Watershed Ordinance supersede the Zoning Ordinance in cases where the Watershed Ordinance is more restrictive.
• Note: Line of sight landscaping shall not be allowed within any public right-of-way unless written permission is granted by the City of Trinity
and the NC Department of Transportation.
o Lot areas and setbacks shall be increased if required by County Health Department regulations
o Lot areas in designated watersheds are controlled by the City of Trinity Watershed Ordinance.
Trinity Zoning Ordinance Page 12-3

Section 12-5 Open Space Requirements
No less than 20 percent of the total land area in the following zoning districts shall be planned and dedicated as
open space for the enjoyment and benefit of residents:
• R-12
• R-10
• Mixed Residential(RM)
• Residential Mixed—Urban(RM-U)
Private yards, street right-of-way,vehicular use areas including parking spaces,and land covered by buildings not
designated for active recreational use,as well as land within a designated floodway area, shall not count towards
the 20 percent minimum open space requirement.
Features that count towards the open space requirement include:
• Pedestrian amenities;
• Farm and forestry lands within the boundary of the development;
• Park lands,trails,and greenways,both public and private;
• Active recreation areas including athletic fields,playgrounds, swimming pools,courts,tracks,walking
trails,paths,porches,and other similar uses;
• Passive recreation areas including walking trails,pathways,gazebos,picnic areas,fountains,plazas, and
similar areas. Such areas may also include undisturbed natural vegetation; and
• Urban features including: plazas,fountains,courtyards,roof gardens,pedestrian areas,indoor atriums
open to public,and public sidewalks at least 5 feet in width with pedestrian amenities.
Dedicated open space shall be shall be accessible by residents and users of the development by means of a street,
private drive,or an all-weather walkway within a common area or casement. Open space shall be distributed
throughout a subdivision so that no lot is further away than 1500 feet as measured along a publicly accessible
pathway.A dedicated open space area shall be at least 24 feet in width and 1,000 square feet in area.
Trinity Zoning Ordinance Page 12-4

ARTICLE XIII
Parking& Transportation
Section 13-1. General Off-Street Parking Requirements.
1. Parking. Stacking and Loading Space Required: When any building or structure is erected,modified,
enlarged or increased in capacity,or any open use is established,modified or enlarged,the
requirements of this Article shall be met.For enlargements,modifications,or increases in capacity,
the requirements of this Article apply only to such enlargements,modifications,or increases in
capacity.
2. Required Number: The minimum number of required off-street parking, stacking, and loading spaces
are indicated in Section 13-4 of this Article. In cases of mixed occupancy,the minimum number of
off-street parking, stacking, and loading spaces shall be the cumulative total of individual use
requirements unless otherwise specified.
3. Handicapped Spaces: Spaces for the physically handicapped shall be provided as required by the NC
State Building Code.
4. Reduction of Minimum Requirements: Unless there is a change in use requiring a lesser number of
spaces,the number of spaces shall not be reduced below the minimum requirements of this
Ordinance.
5. Maintenance: All parking, stacking,and loading facilities shall be permanently maintained by the
owners or occupants as long as the use they serve exists.
6. Access: All parking, stacking,and loading facilities shall have vehicular access to a publicly
dedicated street,road or highway maintained by either the North Carolina Department of
Transportation or the City of Trinity.
7. Use for No Other Purpose: Land used to provide required parking, stacking,loading shall not be used
for any other purposes,except for temporary events. If such land is devoted to any other purpose,it
shall be a violation of this Zoning Ordinance.
8. Change in Size: Only those portions of existing buildings or structures enlarged after the adoption of
this Ordinance shall comply with the requirements of this section.
Section 13-2 Parking for Unlisted Uses
For any use not specifically listed in this Section,the parking, stacking, and loading requirements shall be
those of the most similar use.
Section 13-3 Parking Requirements for Change in Use
If a change in use causes an increase in the required number of off-street parking, stacking,or loading
spaces, such additional spaces shall be provided in accordance with the requirements of this Ordinance;
except that if the change in use would require an increase of less than five percent(5%)in the required
number of parking spaces or fewer than five (5) spaces,no additional off-street parking shall be required.
Trinity Zoning Ordinance Page 13-1

Section 13-4. Minimum Off-Street Parking Requirements
The following off-street parking shall be required
TABLE 13.4
OFF STREET PARKING REQUIREMENTS
USE SPACES REQUIRED
Amusement parks,fairgrounds; skating rinks 1/200 sq. ft. of activity area
Athletic fields 1 space/each 4 fixed seats.
Without fixed seats,2.5 spaces/ 100 sq. ft.,
plus 1 space for each 100 sq. ft.of floor or
ground area used for assembly.
Auditorium;assembly halls;coliseums; 115 persons based on designed capacity of
convention centers; stadiums building(s)
Automobile repair or services 3/service bay plus 1/wrecker or service
vehicle plus 2/3 employees on largest shift
Banks and financial institution *1/200 sq ft gross floor area plus stacking for 4
vehicles at each drive-through window or
automatic teller machine.
Barber and Beauty shop 3/operator
Batting cages,driving ranges; miniature golf, 1/cage,tee,or firing point
shooting ranges
Bed&breakfast; boarding and rooming house 1/bedroom plus 2/3 employees
Bowling centers 4/lane
Car Washes,full-service *Stacking for 30 vehicles or 10/approach lane,
whichever is greater plus 3 spaces in the manual
drying area plus 2/3 employees on largest shift
Car washes, self-service 3 stacking spaces/approach lane plus 2 drying
spaces/stall
Churches 1/4 seats in main assembly room/sanctuary
Clubs,lodges,coin-operated amusement, fitness 1/200 sq. ft. of gross floor area
centers; similar indoor recreation
Communication towers;demolition debris No required parking
landfills;heliports;utility lines or substations
Congregate care or group care facilities 1/4 beds plus 1/employee and visiting
specialist plus 1/vehicle used in operation
Convenience stores *1/200 sq ft gross floor area plus 4 stacking spaces
at pump islands
Day care, child or adult 1/employee plus 1.5/5 children
Delivery services 2/3 employees on largest shift plus 1/vehicle
used in operation
Trinity Zoning Ordinance Page 13-2

TABLE 13.4
OFF STREET PARKING REQUIREMENTS
USE SPACES REQUIRED
Drive-through(Not otherwise classified) *Stacking for 4 vehicles at each window
lane,or machine in addition to use
requirement
Equipment rental and leasing 1/200 sq. ft gross floor area
Fire stations;police stations 1/employee on largest shift
Flea markets; open air sales, salvage yards 2/10,000 sq. ft. site area plus 2/3 employees on
largest shift
Fuel oil sales 2/3 employees on largest shift plus 1/vehicle
used in operation
Funeral homes or crematoria 1/4 seats in main chapel plus 2/3 employees on
the largest shift plus 1/vehicle used in operation
Furniture;floor covering sales 1/1,000 sq ft gross floor area
Furniture market showroom 1/1,000 sq. ft. gross floor area
Grocery stores 1/200 sq ft gross floor area
Golf courses 4/tee
Government offices;post offices 1/150 sq. ft. of public service area plus 2/3
employees on largest shift
Home occupations minimum 1 space,maximum 3 space in
addition to required resident spaces
Hospitals 1/4 in-patient or out-patient beds plus 2/3
employees on largest shift plus 1/staff doctor
Hotels and motels containing 5,000 square feet or 1/rental unit
less ancillary space,i.e.restaurant,meeting rooms,
lounge,lobby,or a restaurant/lounge containing
3,000 square feet or less
Hotels or motels containing more than 5,000 1.25/rental unit
square feet of ancillary space,i.e.restaurant,
meeting rooms,lounge or lobby or a
restaurant/lounge containing over 3,000 square
feet
Kennels or pet grooming 1/300 sq. ft. of sales,grooming or customer
waiting area plus 2/3 employees on largest
shift
Laboratories *2/3 employees on largest shift plus 1/250 sq.
ft. of office space
Laundromats,coin operated 1/4 pieces of rental equipment
Laundry&dry cleaning services 2/3 employees on largest shift plus 1/vehicle
used in operation plus stacking for 4
vehicles/pickup station
Trinity Zoning Ordinance Page 13-3

TABLE 13.4
OFF STREET PARKING REQUIREMENTS
USE SPACES REQUIRED
Libraries,museums, and art galleries 1/450 sq. ft. gross floor area for public use
plus 2/3 employees on largest shift
Manufacturing and industrial uses 2/3 employees on largest shift plus 1/200 sq. ft.
of retail sales or customer service area plus I
vehicle used in operation
Medical,dental or related offices 3/examining room plus 1/employee
including doctors
Motor vehicle,motorcycle,or recreational 5 spaces plus 1/10,000 sq. ft. of display area
vehicle sales or display rental;manufactured plus 2/3 employees on largest shift
home sales
Nursing homes,assisted living 1/4 beds plus 1/employee and visiting specialist
plus 1/vehicle used in operation
Offices(Not Otherwise Classified 1/250 sq. ft. gross floor area
Reception House I per 3 guest plus one per employee
Recycling Processing Facility, Indoors 1/250 sq. ft of office space, plus 1 space per
2,000 sq/ft of floor space plus 1 per vehicle used
in operation
Residences,apartments,condominiums 1
bedroom unit 1.50/unit
2 bedroom units 3+ 1.75/unit
bedroom units 2.00/unit
Residences, single family detached and duplex 2/dwelling unit on the same lot
Residences,townhomes 2/unit
Restaurants&Alcohol Establishments *1/4 seats plus 2/3 employees on largest
shift
For drive-up service, I I total stacking spaces with
minimum 5 spaces at or before ordering station
Retail stores over 25,000 sq. ft.in size 1/250 sq. ft. of gross floor area
Retail sales not otherwise classified 1/200 sq. ft. gross floor area
Schools,elementary,middle&kindergartens 5 spaces,plus 1 space per classroom employee
and staff member
Schools, senior high schools I space per four students,plus 1 space for
each classroom,administrative and non
educational employee
Self-storage warehouses 5 spaces for employees and office customers
Service stations *3/service bay plus 1/wrecker or service
vehicle plus 2/3 employees on largest shift
plus 4 stacking spaces at pump islands
Services and repairs not otherwise classified 1/250 sq ft gross floor area plus 1/vehicle used in
operation
Trinity Zoning Ordinance Page 13-4

TABLE 13.4
OFF STREET PARKING REQUIREMENTS
USE SPACES REQUIRED
Shopping Centers<250,000 sq. ft. gross floor 1/200 sq. ft. gross floor area in main building(s)
area (excluding theaters)plus parking as required for
outparcels or theaters
Shopping Center>250,000 sq. ft. gross floor 1,250 spaces plus 1/225 sq. ft. gross floor
area area above 250,000 sq. ft.
Swimming pools as principal use 1/100 sq. ft. of water&deck space
Theaters 1/4 seats
Transportation,warehousing and utility uses 2/3 employees on largest shift plus 1/vehicle
(not otherwise classified) used in operation
Veterinary services 4/doctor plus 1/employee including doctors
Wholesale uses 2/3 employees on largest shift plus 1/200 sq. ft.
of retail sales or customer service area plus
I/vehicle used in operation
*NOTE:NCDOT may require additional stacking space on state or federal highways.
Section 13-5. Off-Street Loading and Unloading Space,
All structures erected for business or industry shall provide space (see below)for off-street loading and
unloading.The space shall have access to an alley or a street.An off-street loading space shall have be a
minimum of 12 feet by 60 feet with an overhead clearance of 14 feet above street level.
Retail Operations One (1)loading space for each twenty thousand(20,000)
square feet of gross floor area or fraction thereof.
Industrial and Wholesale Operations One (1)loading space for each twenty thousand(20,000)
square feet of gross floor area or fraction thereof.
Section 13-6 Design Standards for Parking, Stacking, and Loading
1. Design: Parking facilities shall be designed and constructed to:
a. Allow unobstructed movement into and out of each parking space without interfering
with fixed objects or vehicles.
b. Minimize delay and interference with traffic on public streets and access drives;and
c. Maximize sight distances from parking lot exits and access drives;and
d. Require all spaces in parking lots to have access from parking lot driveways and not
directly from streets.
2. Dimensional Requirements: Parking facilities shall be designed and constructed to meet minimum
parking space dimensions,aisle dimensions and other standards found in this Article.
Trinity Zoning Ordinance Page 13-5

3. Paving
a. paved parking spaces,access drives,and loading areas shall be paved and maintained
with concrete,asphalt,or similar material of sufficient thickness and consistency to
support anticipated traffic volumes and weights;
b. Access drives shall be paved and maintained from the edge of the public road to apoint
at least ten(10)feet beyond the public right-of-way line for all parking and loading
facilities,whether paved or unpaved;and
c. Where parking facilities are paved,curb and gutter or an equivalent drainage system shall
be provided except where it is determined by the Zoning Administrator that such system
is not practical for storm drainage purposes;
d. Facilities shall be graded,drained, stabilized, and maintained to minimize dust and
erosion;
e. All parking spaces and stacking lanes shall be clearly identified with paint lines,bumper
guards,curbs,or similar treatment;
f. All parking spaces shall be provided with wheel guards or curbs located so that no part of
the parked vehicle will extend beyond the property line or encroach more than two(2)
feet into a required planting area;
g. Properly constructed load bearing concrete pads for stationary refuse containers shall be
located beneath and in the approach to each container.
h. Parking lots shall be designed and constructed such that walkways shall maintain a
minimum unobstructed width of 4 feet.(Vehicle encroachment is calculated as two (2)
feet beyond curb.)
I. Parking areas shall provide for unobstructed movement into and out of each space
without interfering with fixed objects such as lighting fixtures,dumpsters, signs,or
vehicles.
J. Except for single family dwellings,duplexes, and multi-family developments of four(4)
units or less,all maneuvers associated with parking and loading must occur in the off-
street parking area. Private alleys may be used to conduct parking maneuvers.
k. All parking areas shall provide for internal circulation such that each space is accessible
to all other parking spaces without requiring use of a public street or alley.
1. Paving shall not be required for:
I. Parking facilities used on an irregular basis for churches,private clubs,or
similar nonprofit organizations;
ii. Parking for residential uses where six(6)or fewer spaces are required;
iii. Parking areas for agricultural uses in properly zoned areas;
Trinity Zoning Ordinance Page 13-6

iv. Parking areas in the Heavy Manufacturing(M-1)District,or for manufacturing
and industrial uses in the Light Manufacturing(M-2)District,provided they
are constructed with gravel graded to a minimum of 4 inches of crushed rock.
v. Parking areas for tracked heavy construction equipment, skid-mounted and
similar equipment,provided they are constructed with gravel graded to a
minimum of four(4)inches of crushed rock,comparable all-weather surface;
Table 13.6 Parking Space Geometric Design Standards
fl-----------------------f2
Center-to-Center Width of
a b c Stall d e Two Row Bin With Access
Parking Stall to Curb Aisle Curb Road Between (ft.)
Angle Width(*) (ft.) Width Length
(degrees) (ft.) (ft.) Curb-
to- Overlap C-C
Curb
7'-6" 7.5 12.0 23.0 27.0
8'-6" 8.5 12.0 23.0 29.0 -
0 9'-0" 9.0 12.0 23.0 30.0 -
9'-6" 9.5 12.0 23.0 31.0 -
10'-0" 10.0 12.0 23.0 1 32.0 -
7'-6" 16.5 11.0 17.5 44.0 41.0
8'-6" 16.9 11.0 17.0 44.8 37.4
30 9'-0" 17.3 11.0 18.0 45.6 37.8
9'-6" 17.8 11.0 19.0 46.6 38.4
10'-0" 18.2 11.0 20.0 47.8 38.7
7'-6" 17.0 11.0 10.5 43.0 48.1
8'-6" 19.4 13.5 12.0 52.3 46.3
45 9'-0" 19.8 13.0 12.7 52.6 46.2
9'-6" 20.1 13.0 13.4 53.2 46.5
10'-0" 20.5 13.0 14.1 54.0 46.9
7'-6" 17.7 14.0 8.7 47.4 44.0
8'-6" 20.7 18.5 9.8 59.9 55.6
60 9'-0" 21.0 18.0 10.4 60.0 55.5
9'-6" 21.2 18.0 11.0 60.4 55.6
10'-0" 21.2 18.0 11.5 61.0 56.0
7'-6" 17.0 20.0 7.5 54.0
8'-6" 19.0 25.0 8.5 63.0 -
90 9'-0" 19.0 24.0 9.0 62.0 -
9'-6" 19.0 24.0 9.5 62.0 -
10'-0" 19.0 24.0 10.0 62.0 -
Trinity Zoning Ordinance Page 13-7

(*)9'-0"recommended
(*) 8'-6"minimum
(*)T-6" compact cars only,for non-required spaces only
STACKING SPACE GEOMEMC DESIGN STANDARDS
STACKING SPACES SHALL BE TWELVE (12)
FEET BY TWENTY (20) FEET
fl ,
a!o
I C le
,
d ,
,
,
,
f
Section 13-7. Alternatives and Incentives.
A. RMose—The purpose of this section is to encourage the property owner to reduce the amount of
impervious surface cover needed for parking by providing a variety of alternatives and incentives.
Any parking alternative proposed or incentive utilized by the property owner must be approved by the
Zoning Administrator and shall accomplish the following:
(1) Intent. The intent of the parking requirements is preserved.
(2) Sufficient parking. The parking provided will be sufficient to serve the use for which it is
intended; and
(3) Impact. The modification will not be detrimental to the public health, safety,orwelfare.
B. Shared Parking
(1) Reduction of Parking Requirements.The Zoning Administrator may authorize a
reduction of the parking requirements or parking spaces for any mixed-use project or
nearby uses where peak parking demand characteristics or hours of operation are
distinctly different in accordance with this section.All reductions of parking
requirements authorized by the Zoning Administrator within the City of Trinity must also
receive approval from the City Manager.
(2) Requirements.A request for approval of shared parking shall be accompanied by such
information determined by the Zoning Administrator as necessary to evaluate the relevant
Trinity Zoning Ordinance Page 13-8

factors listed in the section below,including,but not limited to, a description of the uses,
a site plan, and a transportation engineering report.
(3) Accessibility.All shared parking spaces shall be located in a parking facility providing
reasonably equivalent accessibility and usability to all uses which the parking is intended
to serve.
(4) Ownership. In cases where the uses for which shared parking is requested are located on
lots under different ownership,a contract approved by the City Attorney shall be
provided.
(5) Conditions. In determining whether to approve a reduction for shared parking,the
Zoning Administrator shall consider all relevant factors,including the following:
(a). Peak Parking Demand. The characteristics of each use and the
differences in projected peak parking demand,including days or hours of
operation;
(b).Reduction in Vehicle Movements.Potential reduction in vehicle
movements afforded by multi-purpose use of the parking facility by
employees,customers,or residents of the uses served;and,
(c). Potential Improvements. Potential improvements in parking facility design,
circulation, and access afforded by a shared parking facility.
(C) Park and Shuttle Lots in Business and Industrial Zoning Districts
(1) Conditions. The Zoning Administrator may authorize any business use(s), or zoning lot
which has a minimum of one hundred and seventy-five (175) contiguous parking spaces
to establish a park and shuttle lot provided that:
(a).Maximum.Not more than ten percent(10%)of the required parking spaces for
the use(s)or for the zoning lot may be designated as a park and shuttle lot.
(b).Location.All designated park and shuttle spaces shall be located n outlying areas
of the parking lot so as not to interfere with customer or employee parking needs.
(2) Short-term Parking.All designated park and shuttle areas shall be for short-term(less
than twenty-four[24] hours)parking for commuters of any public carpooling,
vanpooling,or transit program.
(D) Reduction in the 01 Districts
(1)In the OI District:
(a).Amount Required. For any permitted use in the OI District,the required amount
of parking may be reduced by(15%). This reduction shall not affect the required
disabled parking or loading spaces for that use.
(b).Location. All off-street parking shall be provided to the rear or to the side of the
principal structure with the exception of two (2)parking spaces which maybe
Trinity Zoning Ordinance Page 13-9

located in the front of the structure.The side parking area may be no closer to
the street than the principal structure.
(E) Parking Reduction for Required Landscaping in Motor Vehicle Use Areas-For all uses,the
property owner may reduce the number of required parking spaces for the installation of required
interior planting areas up to a maximum of ten percent(10%).Up to an additional five percent
(5%)reduction is permitted where an area which would otherwise be devoted to parking cannot be
used in order to preserve an existing tree with a diameter of six(6")inches or greater.
Section 13-8. Sidewalks,Multi-Use Paths and Bicycle Lanes
(A) Sidewalks-Residential.
A sidewalk with a minimum width of five (5)feet may be installed within the right-of-way.New
sidewalks must adjoin existing sidewalks on abutting property.Access for handicapped persons
must be provided to side walk facilities at appropriate locations,including street intersections.
When constructing a sidewalk,the location of the sidewalk should be based on whether or not the
street has a curb. If the street has a curb,then the sidewalk shall be built with a 4-foot vegetative
buffer between the sidewalk and edge of curb. If the street has no curb,then the sidewalk must be
constructed and set back beyond the ditch and Swale.
(B) Sidewalks Commercial.
A sidewalk with a minimum width of five (5)feet may be installed within the public right-of-way
or on private property within a recorded public access easement.New sidewalks must be installed
to connect existing sidewalks. Sidewalks shall be constructed in compliance with the latest
version of the Americans with Disabilities Act.Wider sidewalks may be required where higher
pedestrian traffic is anticipated.
When constructing a sidewalk,the location of the sidewalk should be based on whether or not the
street has a curb. If the street has a curb,then the sidewalk shall be built with a 4-foot vegetative
buffer between the sidewalk and edge of curb. If the street has no curb,then the sidewalk must be
constructed and set back beyond the ditch and Swale.
(C) Multi-Use Paths.
These trails are designed to accommodate several different users,including walkers,joggers,
bicyclists,equestrians, and in-line skaters and would have an improved surface of concrete,asphalt,
crushed stone,compacted dirt or grass.A multi-use path with dimensions and allowed users shall
be specified by the City shall be installed within the public right-of-way or on private property
within a recorded public access easement.Multi-use paths shall be required when indicated on
official City of Trinity transportation plans/maps,pedestrian plans/maps.
1. Multi-use paths shall be either concrete,asphalt or other suitable material as specifiedby
the City of Trinity.
2. Multi-use path users shall be specified by the City of Trinity on a case by case basis.
(D) Bicycle Lanes.
Bicycle lanes shall be established within the right-of-way or on private property within a recorded
public access easement in accordance with approved City of Trinity transportation plans/maps.
Trinity Zoning Ordinance Page 13-10

Unless otherwise specified,bicycle lanes shall be a minimum of five (5)feet in width,well-
marked with striping and have adequate signage for the safety of pedestrians,bicyclists and
motorists.
Section 13-9 Traffic Analysis
When sufficient information on a proposed development is available,the City may require that the
developer provide preliminary North Carolina Department of Transportation(NCDOT)review for
driveway and development entrances to NCDOT maintained roads and a proposed traffic count for the
new development or redevelopment. If required by the City,this information shall be submitted with a
preliminary plat, special use permit application or conditional rezoning application. It is recommended
that developers of new major subdivisions,multi-family developments and commercial and industrial
developments that exceed one acre in size provide the above information.
Section 13-10 Curb and Gutter
Standard or mountable curb(such as valley curb)and gutter is required along public roadways in all R-12,
R-10, RM, and RM-U districts. All construction within a North Carolina Department of Transportation
(NCDOT)right of way shall comply with NCDOT construction standards and permits.
Section 13-11 General Parking Requirements
The purpose of this ordinance is to promote the health,safety, and general welfare of Trinity residents
and citizens residing in the City's extraterritorial zoning jurisdiction while protecting the livelihood of
owner-operator independent truck drivers by prohibiting Tractor and Trailer parking in residential
zoning districts and terminating through attrition owner-operator Tractor and Trailer parking existing as
of March 18, 2010.
1. Definition: Tractor shall be defined as a truck with three or more axles or any truck intended for
use as an over-the-road commercial freight hauler.Trailer shall be defined as being more than 80
inches wide and more than 25 feet in length and intended to be used to transport freight when
powered by a tractor.
2. It shall be unlawful to park Tractors and/or Trailers on public streets and rights-of-way in all
zoning districts subject to the following:
A. Exceptions: Temporary parking of Tractors and/or Trailers may be permitted in
all zoning districts under certain conditions which include:
1. Loading and unloading of vehicles.
2. Emergency service vehicles in response to an urgent situation.
3. Lawn care and other home service vehicles while providing contract
services to a nearby home or property.
3. It shall be unlawful to park Trailers containing hazardous materials in all zoning districts.
4. Illicit Discharges: In conformance with the City's adopted Stormwater Ordinance,in all zoning
districts it shall be unlawful to allow the discharge,emission,disposal,pouring, or pumping
directly or indirectly to any stormwater conveyance,the waters of the State,or upon the land in
manner and amount that the substance is likely to reach a stormwater conveyance or the water of
the State, any liquid, solid,gas,or other substance,other than stormwater.
Trinity Zoning Ordinance Page 13-11

5. It shall be unlawful to park Tractors and/or Trailers in residential zoning districts subject to the
following:
A. Exception: Notwithstanding the provisions of any and all City ordinances,
Tractors or Tractors and Trailers may be permitted to park on property zoned
residential if ALL of the following conditions are met:
1. The owner or leaseholder of the Tractor or Tractor and Trailer is also:
i. The owner of the property or spouse of the property owner or
child of the property owner; and
ii. Resides at the property.
2. The owner or leaseholder of the Tractor or Tractor and Trailer certifies
that the Tractor or Tractor and Trailer was parked at the property
between February 16,2010 and March 18,2010.
3. The owner or leaseholder of the Tractor or Tractor and Trailer applied to
the City between February 16,2010 and March 18,2010 for a permit to
continue parking the Tractor or Tractor and Trailer at the property.
4. The owner or leaseholder of the Tractor or Tractor and Trailer possesses
a valid and current North Carolina Commercial Drivers License.
B. Permit to Park: The City will issue a permit to park a Tractor and Trailer
depending on which existed on the property between February 16,2010 and
March 18,2010 if all of the following conditions are met:
1. The applicant shall be in compliance with provisions 5-A 1,2, 3, and 4
of this ordinance.
2. Permit fees shall be paid in full in accordance with the City's adopted
Fee Schedule.
3. There shall be no outstanding City code violations existing at the
property.
4. The Tractor or Tractor and Trailer shall be properly licensed,insured,
operational,and in compliance with NC Division of Motor Vehicles
laws.
C. Applicants for Permits to Park shall present to the City Planning Department
documentation necessary to verify ownership of the Tractor no later than June 1,
2010 after which permit eligibility shall expire.
D. Permits shall not be issued for more than one Tractor and Trailer per applicant.
E. Permits to Park are not transferrable to future owners of the property or to other
properties.
F. Nothing in this ordinance shall prohibit the replacement of a permitted Tractor or
Trailer by the permit holder.
Trinity Zoning Ordinance Page 13-12

G. While a Permit to Park is under consideration,code enforcement action by the
City specific to the Request shall be suspended.
H. Permits to Park shall be revoked if the permit holder is issued more than two
citations for violations of this ordinance.
6. Effective Date: This ordinance shall be effective April 20,2010.
7. Enforcement: This ordinance shall be enforced through the general penalties section of Trinity's
Code of Ordinances.
Trinity Zoning Ordinance Page 13-13

ARTICLE XIV
BUFFERING AND LANDSCAPING REQUIREMEMTS
Section 14-1 Purpose of Buffering Requirements
The purpose of this section is to protect an abutting property from less desirable characteristics of the
property for which buffering is required due to a dissimilar district,use, and/or primary transportation
route(s)thereby promoting the general public's health and welfare. Such characteristics may include but
are not limited to visually incompatible structures and land uses,overhead lighting,wind and dust, and
increased activity associated with commercial,industrial,institutional and other land uses. In addition,
the buffering/landscaping requirements of this section will encourage the preservation of existing trees
and the planting and maintenance of others,both of which constitute an important aesthetic resource for
the City of Trinity.
Section 14-2. Buffering Between Zoning Districts and/or Uses.
A buffer strip shall be provided in all Commercial,Office/Institutional,Light Industrial, and Heavy
Industrial zoning districts and/or uses.Buffers for major residential subdivisions shall be provided
according to the requirements of Article 6 Section 6-19 of the City of Trinity Subdivision Ordinance.
Unless an existing buffer meets requirements of this section and sufficiently shields and protects the
abutting property as determined by the Planning Director or Zoning Administrator,buffer strips shall
meet the following requirements:
1. Where the abutting lot is zoned residential or has been developed with a residential use and
shares a common lot line with a lot or one acre or greater whose use requires buffering, a
buffer of twenty feet(20')in width shall be placed according to one or a combination of the
following methods:
(a).At least two(2)rows of evergreen trees which may be selected from the
recommended List of Recommended Species(on file with the Zoning Administrator)
shall be planted. Trees shall have a minimum height of three feet(3')when planted.
The rows shall be spaced seven feet(7')apart and centered within the buffer strip.
Tree spacing shall be eight feet(8')off centered with trees in abutting rows offset
(staggered)four feet(4'); and a solid visual barrier fence six feet(6')in height shall
be erected around any loading,unloading,or outdoor storage areas; and
(b).Earth beams may be used in conjunction with planting to satisfy height requirements;
but slopes shall not exceed one foot(1')to two feet(2')horizontal.
2. Where the abutting lot is not residentially zoned or used but shares a common lot line with
the lot on one acre or greater whose use requires buffering,the required buffer strip of
twenty feet(20')in width shall be planted:
(a).Two(2)rows of evergreen trees planted in a staggered pattern and located
approximately in the center of the buffer strip. The two(2)rows shall be no more
than seven feet(7')apart and the trees shall be planted no more than eight feet(8')
apart within each row. The evergreens used in this planting shall be at least three feet
(3')in height and must be healthy,nursery grown plants which meet the requirements
set forth in the American Standard for Nursery Stock,which are staked when planted
and protected.
Trinity Zoning Ordinance Page 14-1

3. If the lot whose use requires buffering is less than one acre,the buffer strip shall be a
minimum of twelve feet(12')wide and placed in the manner(s)outlined previously.
4. The buffer strip shall be placed on the commercial,office/institutional and industrial
properties such that it fulfills the intent of this Article.
Section 14-3 Landscaping for Community Shopping,Highway Commercial and Office &
Institutional Districts
At least one (1)deciduous tree shall be planted along the street no less than ten feet(10')off of the right-
of-way(on private property),for each forty feet(40')of street frontage or fraction thereof for new
construction or extensive rehabilitation. Each tree shall be at least one and one-half inches(1 '/2")in
caliper and may be selected from the List of Recommended Species or otherwise approved by the
Planning and Zoning Administrator and shall be provided with adequate space for water percolation and
root growth. In lieu of this requirement,the developer shall provide a Landscaping Plan and detailed
plant list,approved by the Planning Director or Zoning Administrator,which provides for a variety of
plantings which achieve the desired aesthetic goals of the buffering requirement.
Section 14-4 Buffering Between Single Family Housings& Planned Developments
In each Planned Unit Development located in any residential district where the project abuts single family
housing,a buffer shall be provided in accordance with the buffer requirements presented in Section 14-2.
Section 14-5 Buffering Off-Street Parking Areas
1. Each off-street parking area designed for one hundred (100)or more spaces,which has been issued a
zoning permit after the effective date of this section and each existing area to which spaces are added
totaling one hundred(100)or more spaces after the effective date of this ordinance shall have
provided and maintained one (1)tree for each twenty(20) spaces constructed.Areas designed and
designated for truck maneuvering are exempt from the requirement.
2. Each planting area shall have an unobstructed width dimension of not less than seven and one-half
feet(7 '/2')and shall not be less than one hundred ten(110) square feet in area for each requiredtree.
3. Each planting area shall be protected by curbing,bollards,or parking barriers and contain at least one
(1)tree which may be selected from the List of Recommended Species.The minimum caliper of
each tree shall not be less than one and one-half inches(1 '/2").No barrier is required if the trees are
set back at least eight feet(8')from the edge of pavement.
4. Planting areas shall be located within the parking area as islands,or around the perimeter of the
parking area within sixteen feet(16')of the pavement or curb.At least fifty percent(50%)of the
planting areas shall be islands within the parking area. Curbing along the parking area perimeter is
not required if the trees are set back at least five feet(5')from the edge of the pavement.
Section 14-6 Protection of Existing Trees in Required Buffer Strips
1. Preservation of existing trees is strongly recommended.
2. When healthy,well-shaped existing trees,three inches(3")in caliper,are successfully preserved,a
consideration will be given to crediting said tree toward a portion of the buffer required by this
section. Successful tree preservation in or along a required buffer yard may allow for a reduction
in the required depth of said buffer yard by up to 50%.
Trinity Zoning Ordinance Page 14-2

2. Monument trees are to be given special consideration.
3. A plan to preserve existing trees shall be prepared and submitted for approval by the Planning and
Zoning Administrator before the issuance of the Zoning Permit.
Section 14-7 Utility Equipment
1. Utility meters,transformers and fixed trash disposal receptacles which cannot be located out ofsight
shall be screened by fencing or landscaping.
2. New subdivisions over 25 lots must use underground utility lines.
Section 14-8 Maintenance of Buffering
1. Evergreen trees shall be maintained so that dense branching begins at ground level and continuesto
the top of each plant.
2. Unhealthy or dead plants shall be promptly replaced.
2. Each required fence shall be maintained in good repair,including periodic painting or finishing.
3. Failure to maintain the plantings,earth berms, and/or fences in good condition shall constitute a
violation of this section.
4. When attempting to comply with these requirements,the property owner shall contact all public
utility agencies in order to protect public utilities buried underground.
Section 14-9 Documentation &Variances
1. Graphic documents indicating compliance with the requirements set forth herein shall be submitted
prior to the issuance of a Zoning Permit.
2. Variances to the requirements of this section may be appealed to the Board of Adjustment forreview.
Trinity Zoning Ordinance Page 14-3

ARTICLE XV
ZONING ADMINISTRATOR,PERMITS REQUIRED,AND ENFORCEMENT
Section 15-1 Zoning Administrator
The City Manager shall appoint a zoning administrator to enforce this ordinance.
Section 15-2 Duties of the Zoning Administrator
The Zoning Administrator shall:
1. establish and publish application procedures for permits,appeals,and actions pursuant to this
Ordinance and forms implementing the same;
2. issue permits and certificates pursuant to this Ordinance;
3. review and approve all development plans and permits to assure that the permit requirements of
this Ordinance have been satisfied;
4. interpret the applicability of the provisions of this Ordinance in matters where the text does not
clearly provide guidance;
5. maintain all records pertaining to the provisions of this Ordinance in his office(s)and make said
records open for public inspection;
6. periodically inspect properties and activities for which permits have been issued to determine
whether the use(s)is being conducted in accordance with the provisions of this Ordinance;
staff are authorized to enter any premises within the jurisdiction of the local government
at all reasonable hours for the purposes of inspection or other enforcement action,upon
presentation of proper credentials;provided,however,that the appropriate consent has
been given for inspection of areas not open to the public or that an appropriate inspection
warrant has been secured(G.S. 160D-403(e)).
7. cause to be investigated violations of this Ordinance;
8. enforce the provisions of this Ordinance;
9. issue notice of corrective action(s)when required;
10. use the remedies provided in this Ordinance to gaincompliance;
11. be authorized to gather evidence in support of saidactivities;
12. receive appeals and forward cases to the appropriate body;and perform other duties as may be
assigned by the City Council.
Section 15-3 Questions of Enforcement and Interpretation
All questions arising from the enforcement of this ordinance shall be presented initially to the Zoning
Administrator. If not satisfactorily resolved,the aggrieved party shall appeal to the Board of Adjustment.
If the matter is still not resolved,the aggrieved party's only recourse is to take the matter to court as
Trinity Zoning Ordinance Page 15-1

provided by law. The City Council shall not resolve disputed questions that may arise from the
enforcement of this ordinance. The City Council's duties shall be limited to granting of special uses
specifically assigned it by the ordinance; amending the ordinance;or repealing the entire ordinance.
Section 15-4 Permits and Required Submissions
A Zoning Permit—A zoning permit issued by the Zoning Administrator is required when a building,
sign or other structures is to be erected,moved,added to or structurally altered.All buildings that
exceed 100 sq/ft shall be required to have a zoning permit.No zoning permit shall be issued except
in conformity with the provisions of this ordinance except after written order from the Board of
Adjustment.A development approval shall be in writing and may contain a provision requiring the
development to comply with all applicable State and local laws.Applications for development
approvals may be made by the landowner,a lessee or person holding an option or contract to
purchase or lease land,or an authorized agent of the landowner.An easement holder may also
apply for development approval for such development as is authorized by the easement(160D-
403(a)).
1. Application and Site Plan-All applications for a zoning permit shall be accompanied by two
sets of site plans which show:
■ dimensions and shape of the parcel to be built upon
■ exact sizes,uses and locations on the parcel of buildings already existing,if any
■ location and dimensions of the proposed building or alterations
■ location of driveways,means of egress and ingress and parking
■ signage
■ landscaping and buffering
■ other information necessary to determine conformance with and provide for
enforcement of this ordinance.
B Certificate of Occupancy-A certificate of occupancy issued through the Randolph County
Inspections Department is required before a building is occupied or used,erected,altered or
moved.
1. Application -A certificate of occupancy either for the whole or a part of a building shall be
applied for at the same time as the application for a zoning permit and shall be issued within
10 days after completion of the erection or structural alteration of the buildings or part of a
building.A certificate of occupancy shall not be issued unless the proposed use of a building
or land conforms to the applicable provisions of this ordinance. If the certificate of
occupancy is denied,the Zoning Administrator shall state in writing the reasons for refusal
and the applicant shall be notified of the refusal.A record of all certificates shall be kept on
file in the office of the Zoning Administrator.
Section 15-5 Violations
Any of the following shall be a violation of this Ordinance and shall be subject to the enforcement remedies
and penalties provided by this Article and by state law.
1. Development Without Permit-To engage in any development,use,construction,remodeling or
other activity of any nature upon the land or improvements thereon subject to the jurisdiction of
this Ordinance without all required permits,certificates or other forms of authorization as set
forth in this Ordinance.
2. Development Inconsistent With Permit-To engage in any development,use,construction,
remodeling,or other activity of any nature in any way inconsistent with any approved plan,
Trinity Zoning Ordinance Page 15-2

permit,certificate,or other form of authorization granted for such activity.
3. Violation by Act or Omission-To violate,by act or omission,any term,variance or waiver,
condition,or qualification placed by the governing body or its agent boards upon any required
permit,certificate or other form of authorization for the use,development or other activity upon
land or improvements thereon.
4. Use in Violation-To erect,construct,reconstruct,alter,repair,convert,maintain or use any
building or structure or to use any land in violation of this Ordinance,or any other regulation
made under the authority conferred thereby.
Section 15-6 Enforcement Procedure
When the Enforcement Officer or his agent finds a violation of this Ordinance,it shall be his duty to notify the
owner or occupant of the land, building, structure, sign, or use of the violation. The owner or occupant shall
immediately remedy the violation.
Written Notice of Violation(NOV)-If the owner or occupant of the land,building,sign,
structure,or use in violation fails to take prompt corrective action,the Zoning Administrator
shall deliver the NOV to the holder of the development approval and to the landowner of the
property involved,if the landowner is not the holder of the development approval,by
personal delivery,electronic delivery,or first-class mail and may be provided by similar
means to the occupant of the property or the person undertaking the work or activity. The
notice of violation may be posted on the property. The person providing the notice of
violation shall certify to the local government that the notice was provided, and the
certificate shall be deemed conclusive in the absence of fraud(G.S. 160D-404(a)).
(a). that the land,building,sign,structure,or use is in violation of this Ordinance
(b). the nature of the violation,and citation of the section of this ordinance violated;and
(c).the measures necessary to remedy the violation.
2. Appeal—If the owner or occupant disagrees with the Notice of Violation,he/she may appeal to
the Board of Adjustment within 10 days of receipt of a Written Notice of Violation.The Board
of Adjustment shall either find in favor of the owner/occupant or issue and Order of Corrective
Action requiring correction of the violation.
3. Failure to Comply-If the owner or occupant fails to comply with a Notice of Violation from
which no appeal has been taken,or an Order of Corrective Action following an appeal,he/she
shall be subject to such remedies and penalties as may be provided for by state law and this
Ordinance. If the owner or occupant fails to comply with the remedies and penalties
prescribed,enforcement shall be sought through an order of a court of competent jurisdiction.
4. Continuing Violation-Each day that any violation continues after receipt of the final written
notice of such violation,except when appealed,shall constitute a separate violation and a
separate offense for purposes of the penalties and remedies specified herein.
Trinity Zoning Ordinance Page 15-3

Section 15-7 Technical Review Committee(TRC)
A Technical Review Committee shall be established to assist the staff, Planning Board, and City Council
in review of site development plans. The purpose of the TRC shall be to determine whether or not proposed
developments meet the standards established in the Ordinance and all other applicable regulations within
the City of Trinity and to provide guidance as how to provide for the betterment of public safety and welfare.
The TRC review of development plans shall be of a technical nature only,and shall not involve negotiation
with developers. All development requests that require review from the Planning Board and City Council
shall first be reviewed by the TRC.
1. TRC Membership - A member shall represent the TRC from City Administration, Planning
Department, Public Works, Stormwater, Local Fire Protection Agency and the NC Department of
Transportation and any other department and/or professional that would be beneficial for technical
review.
2. TRC Chair-The Planning and Zoning Administrator shall serve as chair of the TRC. A secretary
shall be appointed to compile notes on all projects reviewed by the TRC.
3. TRC Meetings-The TRC shall meet every Wednesday as needed.After receipt of a development
proposal,the TRC shall complete its review within 30 days.
4. Powers and Duties
a) To review and consider commercial,industrial,and multi-family site plans for
development within the City and its zoning limits.
b) To review and consider site plans that are a permitted use by right as per Section 6.4.
c) To review and consider site plans that requires a conditional or special use.
d) To approve, approve with conditions, table, or disapprove site plans through a majority
vote of those present at the TRC meeting.In the event of a tie,the Chair shall have the final
and deciding vote.
5. Appeal of TRC Decision-Appeals shall be to the City Council after review and recommendation
from the Planning and Zoning Board provided the appeal is made by the applicant within thirty
(30)days of the TRC determination.All decisions on appeals made by the City Council are final.
Section 15-8 Staff Conflict of Interest
No staff member shall make a final decision on an administrative decision required by NCGS 160D if the
outcome of that decision would have a direct, substantial,and readily identifiable financial impact on the
staff member or if the applicant or other person subject to that decision is a person with whom the staff
member has a close familial,business,or other associational relationship. If a staff member has a conflict of
interest under this section,the decision shall be assigned to the supervisor of the staff person or such other
staff person as may be designated by the development regulation or other ordinance.
No staff member shall be financially interested or employed by a business that is financially interested in a
development subject to regulation under NCGS 160D unless the staff member is the owner of the land or
building involved.No staff member or other individual or an employee of a company contracting with a local
government to provide staff support shall engage in any work that is inconsistent with his or her duties or
with the interest of the local government,as determined by the local government(160D-109(c)).
Trinity Zoning Ordinance Page 15-4

ARTICLE XVI
PLANNING BOARD,BOARD OF ADJUSTMENT
AND
ROLE OF THE CITY COUNCIL IN PLANNING
Section 16-1 Planning Board
A. There is hereby created a planning agency,pursuant to NCGS 16013-301to be known as the Planning
Board.
B. Powers and Duties.The City of Trinity Planning Board shall have certain powers and duties to be
carried out in accordance with this Ordinance which include,but are not limited to the following:
(1) to review and make recommendations to the City Council on all matters relating
to land use planning and zoning within the jurisdiction of the City of Trinity,
whenever such matters require the attention of the City Council;
(2) to adopt such rules of procedure necessary for the administration of its responsibilities
consistent with this Ordinance;and
(4) to assume any other duties assigned by the City Council.
C. Number of Board Members:Appointment.The Planning Board shall consist of five (5)who shall be
citizens and residents of the City of Trinity. They shall be appointed by the City Council of the City
of Trinity.
D. Length of Terms. Length of terms for Planning Board members shall be three year staggered terms.
E. Vacancies.The City Clerk shall notify the City Council of all vacancies occurring for reasons other
than term expiration. Such vacancies shall be filled by appointment of the City Council for the period
of the unexpired term.
E. Open Meetings,Minutes-All meetings and hearings of the Planning Board shall be open to the
public.The Board shall keep minutes of its proceedings showing the vote of each member upon each
question and the absence or failure of any member to vote.Minutes must be kept of proceedings for
each board(NCGS 16013-308).Minutes shall be maintained by the City Clerk and shall be available
for public review.
F. Notice.The Board shall not make recommendations for a special use permit until a public hearing is
held.Notice of such public hearing shall be posted on the property for which the petition is sought
and in a local newspaper at least ten(10)days and no more than twenty-five (25)days prior to the
public hearing.
G. Conflict of Interest—A Planning Board member shall not vote on any advisory or legislative decision
regarding a development regulation adopted pursuant to G.S. 160D-109 where the outcome of the
matter being considered is reasonably likely to have a direct,substantial,and readily identifiable
financial impact on the member. Nor shall member vote on a recommendation regarding a rezoning
or text amendment,if the landowner of the property subject to a rezoning petition or the applicant for
a text amendment is a person with whom the member has a close familial,business or other
associational relationship. "Close familial relationship"means a spouse,parent,child,brother,
sister,grandparent,or grandchild."
Trinity Zoning Ordinance Page 16-1

H. Oath of Office -All members appointed to boards under 160D-309 shall,before entering their duties,
qualify by taking an oath of office as required by G.S. 153A-26 and G.S. 160A-61.
Section 16-2 Board of Adjustment Created.
A. A Board of Adjustment is hereby created. The individuals to serve on the City Council shall also
serve as the Board of Adjustment.
B. Number of Members, Appointment-The Board shall consist of six(6)members of the City Council.
C. Length of Terms-Upon adoption of this amendment to the Trinity City Zoning Ordinance,length of
terms for Board of Adjustment members shall coincide with length of terms for City Council
members.
D. Vacancies-Vacancies occurring for reasons other than expiration of terms shall be filled as they
occur for the period of the unexpired term.
E. Officers,Rules,and Regulations-The Board shall elect such officers,and adopt such rules and
regulations for its own government as it deems necessary to carry out the provisions of this article.
The Mayor or in his/her absence,the Mayor Pro Tempore,may administer any oaths and compel
attendance of witnesses by subpoena.All meetings of the Board shall be open to the public
F. Conflict of Interest A Board of Adjustment member when exercising any quasi-judicial function
shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected
persons' constitutional rights to an impartial decision maker. Impermissible violations of due process
include,but are not limited to,a member having a fixed opinion prior to hearing the matter that is not
susceptible to change,undisclosed ex parte communications,a close familial,business,or other
associational relationship with an affected person,or a financial interest in the outcome of the matter.
"Close familial relationship"means a spouse,parent,child,brother, sister,grandparent,or
grandchild,the step,half and in-law relationships. (NCGS 160D-109)
G. Oath of Office -All members appointed to boards under 160D-309 shall,before entering their duties,
qualify by taking an oath of office as required by G.S. 153A-26 and G.S. 160A-61.
Section 16-3 Voting
The concurring vote a simple majority of the Board shall be necessary to reverse any order,requirement,
decision or determination of the Zoning Administrator,or to decide in favor of the applicant on any
matter which it is required to pass under the Zoning ordinance.A four fifths(4/5)vote is required to
affect any variance in the Zoning Ordinance.
For the purpose of this section,vacant positions on the Board and members who are disqualified from
voting on a quasi-judicial matter shall not be considered members of the Board for calculation of the
requisite supermajority if there are no qualified alternates available to take the place of such members.
Section 16-4 Quasi-Judicial Proceedings of the Board of Adjustment
In exercising these powers,the Board shall follow statutory procedures for quasi-judicial development
decisions as set forth in G.S. 160D-102(28). The Board must hold an evidentiary hearing to gather
competent,material,and substantial evidence to establish the facts of the case. The evidentiary
hearing must have testimony under oath and must establish written findings of fact and conclusions of law
as provided in G.S. 160D-406.
Trinity Zoning Ordinance Page 16-2

The applicant,the City,and any person who would have standing to appeal the decision under G.S.
160D-1402(c) shall have the right to participate as a parry at the evidentiary hearing. Other witnesses
may present competent,material, and substantial evidence that is not repetitive as allowed by the board.
Objections regarding jurisdictional and evidentiary issues,including,but not limited to,the timeliness of
an appeal or the standing of a parry,may be made to the board. The board chair shall rule on any
objections,and the chair's rulings may be appealed to the full board. These rulings are also subject to
judicial review pursuant to G.S. 160D-1402. Objections based on jurisdictional issues may be raised for
the first time on judicial review.
All hearings of the Board shall be open to the public. The Board shall keep minutes, showing the vote of
each member upon each question, and the absence or failure of any member to vote.
Section 16-5 Appeals from Decisions of the Zoning Administrator
Appeals to the Board of Adjustment may be taken by any person aggrieved by a decision of the Zoning
Administrator or other authorized official,based on this ordinance. Such appeal shall be taken within 15
days by filing with the Zoning Administrator a written notice of appeal specifying the grounds. The
Zoning Administrator shall immediately transmit to the Secretary of the Board all papers constituting the
record upon which the action appealed was taken.
(1) Hearing-Notice and Representation.The Board of Adjustment shall schedule a hearing
of an appeal within 30 days from the filing of the notice of appeal.At least 10 days but not
more than 25 days before the date of the hearing,the City shall mail written notice of the
hearing to all parties in interest and to all adjoining property owners. and any other persons
entitle to receive notice related to the appeal. Within the same time period suitable notice shall
also be published in the local paper and posted on site.At the hearing, any parry may appeal in
person,or by an agent or attorney.
(2) Fees. A fee established by the City Council shall be paid to cover administrative costs
for each appeal to the Board of Adjustment. Payment of the fee shall be a prerequisite to the
filing of the appeal with the Board of Adjustment.
Section 16-6 Appeal Stays All Proceedings
An appeal stays all proceedings in furtherance of the action appealed from,unless the Zoning
Administrator certifies to the Board after the notice of appeal shall have been filed with him by reason of
facts stated in the certificate a stay would in his opinion cause imminent peril to life or property,or
because the violation charged is transitory in nature and a stay would interfere with enforcement of the
ordinance. In such case,proceedings shall not be stayed otherwise than by a restraining order issued by
the Board or by a court of record,
Section 16-7 Powers and Duties of the Board of Adjustment
The Board shall have the following powers:
(a).Administrative Review. To hear and decide appeals where it is alleged that there is error in
any order,requirement,decision,or determination made by the Zoning Administrator or other
duly authorized official.
(b).Variances.To authorize upon appeal in specific cases such variance from the terms of this
ordinance that will not be contrary to the public interest where,owing to special conditions a
literal enforcement of the provisions of this ordinance will result in undue hardship,that the
Trinity Zoning Ordinance Page 16-3

spirit of this ordinance shall be observed, substantial justice done and provided no change in
permitted uses be authorized by variance.
(c).Variances for Watershed Overlay Districts.To authorize variances from the specific
requirements of the watershed overlay districts,provided that the notice required in Section
16 - 1(G)of this Article shall also be mailed by first class mail to all other local governments
having watershed regulation jurisdiction in the particular watershed where the variance is
requested and to each entity using that water supply for consumption;provided that favorable
action by the Board of Adjustment on any major variance, as defined in this ordinance,shall
constitute a favorable recommendation but such major variance shall not become effective
unless authorized by the Environmental Management Commission in accordance with their
rules and procedures.Unfavorable action by the Board of Adjustment on a major variance
shall constitute a denial.
(d).to hear and decide appeals and requests for variances from the requirements of the Flood
Control Ordinance.
Section 16-8 Variances-Determinations and Findings
When practical difficulties or unnecessary hardships would result from carrying out the strict letter of the
zoning ordinance,the board of adjustments shall have the power to vary or modify any of the regulations
or provisions of the ordinance so that the spirit of the ordinance shall be observed,public safety and
welfare secured,and substantial justice done.No change in permitted uses may be authorized by
variance.Appropriate conditions,which must be reasonably related to the condition or circumstance that
gives rise to the need for a variance,may be imposed on any approval issued by the Board.
These regulations may provide that the Board of Adjustments may determine and vary their application in
harmony with the general purpose and intent and in accordance with general or specific rules therein
contained,provided no change is permitted uses may be authorized by variance.
(1) Determination that Variance Will Not Violate Other Ordinance Provisions.In considering all
proposed variances to this ordinance,the Board shall,before making any finding in a specific case,
first determine that the proposed variance will not allow the establishment of a use not otherwise
permitted in a district by this ordinance; extend in area or expand a non-conforming use of land;
change the district boundaries shown on the zoning map; impair any adequate supply of light and air
to abutting property;materially increase the public danger of fire;materially diminish or impair
established property values within the surrounding area; or in any other respect impair the public
health, safety,morals, and general welfare.
(2) Findings.A variance may be granted in an individual case of unnecessary hardship upon a finding by
the Board of Adjustment that the following conditions exist:
(a).Unnecessary hardship would result from the strict application of the regulation. It is not
necessary to demonstrate that,in the absence of the variance,no reasonable use can be made
of the property.
(b).The hardship results from conditions that are peculiar to the property, such as location,size,
or topography.Hardships resulting from personal circumstances,as well as hardships
resulting from conditions that are common to the neighborhood or the general public,may
not be the basis for granting a variance.A variance may be granted when necessary and
appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a
person with a disability.
(c). Granting the variance requested will not confer upon the applicant any special privileges that
Trinity Zoning Ordinance Page 16-4

are denied to other residents in the district in which the property is located.
(d).A literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other residents of the district in which the property is located.
(e). The requested variance will be in harmony with purpose and intent of this ordinance and will
not be injurious to the neighborhood or to the general welfare.
(f). The hardship did not result from actions taken by the applicant or the property owner.
The act of purchasing property with knowledge that circumstances exist that may
justify the granting of a variance is not a self-created hardship.
(g).The variance requested is the minimum variance that will make possible the legal use ofthe
land,building or structure.
(h).The variance is not a request to permit a use of land,building or structure which isnot
permitted by right or by conditional zoning in the district involved.
(i). The requested variance is consistent with the spirit,purpose, and intent of the
regulation,such that public safety is secured and substantial justice is achieved.
(3) Conditions. In granting a variance,the Board of Adjustment may prescribe appropriate conditions
and safeguards in conformity with this ordinance.Violations of the conditions and safeguards,
when made a part of the terms under which the variance is granted, shall be deemed a violation of
this ordinance punishable under Section 18-3 of this ordinance.
Section 16-9 Re-hearings
The Board shall refuse to hear an appeal or application previously denied,if it finds there have been no
substantial changes in conditions or circumstances bearing on the appeal or application.
Section 16-10 Review by Certiorari
A decision by the Board is subject to review by certiorari as provided by law.Any appeal shall be made
to the Randolph County Superior Court within 30 days after the decision of the Board is filed with the
City or a written copy thereof is delivered to the appellant by personal service or registered mail,
whichever is later.
Section 16-11 Decisions of the Board of Adjustment
In exercising the abovementioned powers,the Board of Adjustment may reverse or affirm,wholly or in
part,or may modify and order requirements,decisions or determinations as ought to be made, and to that
end shall have the powers of the administrative official from whom the appeal is taken.
Section 16-12 Role of City Council in Planning
The City Council shall have certain powers and duties to be carried out in accordance with this Ordinance
which include,but are not limited to,the following:
(1) to initiate and make amendments to the text of this Ordinance and to the Zoning Maps;
(2) to hear,review and adopt or reject amendments to the text of this Ordinance and to the
Zoning Map;
Trinity Zoning Ordinance Page 16-5

(3) to appoint members of the Planning Board and establish their terms,and;
(4) to take such other action not delegated to the Planning Board as the City Council may deem
desirable and necessary to implement the provision of this Ordinance.
Conflict of Interest— A City Council member when exercising any quasi-judicial function shall not
participate in or vote on any quasi-judicial matter in a manner that would violate affected persons'
constitutional rights to an impartial decision maker. Impermissible violations of due process include,but
are not limited to,a member having a fixed opinion prior to hearing the matter that is not susceptible to
change,undisclosed ex parte communications,a close familial,business,or other associational
relationship with an affected person,or a financial interest in the outcome of the matter."Close familial
relationship"means a spouse,parent,child,brother, sister,grandparent,or grandchild,the step,half and
in-law relationships. (NCGS 160D-109)
Trinity Zoning Ordinance Page 16-6

ARTICLE XVII
AMENDMENTS AND CHANGES
Section 17-1 Motion to Amend.
(1) Council Authority to Amend-The City Council may,on its own motion or upon the recommendation
of the Planning Board, staff or upon petition by any person within the zoning jurisdiction,after public
notice and hearing,amend,or repeal the regulations or the maps which are a part of this ordinance.
No regulation or maps shall be amended, supplemented,changed,modified or repealed until after a
public hearing in relation thereto,at which all parties in interest and citizens shall have an opportunity
to be heard. Third-party down-zonings shall be prohibited.
(2) Notice and Public hearing on Amendment
Planning and Zoning Board Review
a. Posting of Property—When a zoning map amendment is proposed,the local government shall
prominently post a notice of the hearing on the site proposed for the amendment or on an
adjacent public street or highway right-of-way. The notice shall be posted within the same
time period specified for mailed notices of the hearing. When multiple parcels are included
within a proposed zoning map amendment,a posting on each individual parcel is not required
but the local government shall post sufficient notices to provide reasonable notice to interested
persons.
b.Mailed Notice—Notice to abutting property owners shall be sent no less than ten(10)days
prior to the public hearing but not more than twenty(25)days. For the purpose of this
section,properties are "abutting" even if separated by a street,railroad,or other
transportation corridor(NCGS 160D-602).
City Council Public Hearing
c.Hearing with Published Notice. -Before adopting,amending,or repealing any ordinance or
development regulation authorized by 160D-601(a),the governing board shall hold a
legislative hearing.A notice of the hearing shall be given once a week for two successive
calendar weeks in a newspaper having general circulation in the area. The notice shall be
published the first time not less than 10 days nor more than 25 days before the date scheduled
for the hearing. In computing such period,the day of publication is not to be included but the
day of the hearing shall be included.
d.Mailed Notice—Notice to abutting property owners shall be sent no less than ten(10)days
prior to the public hearing but not more than twenty(25)days.
(3) Information and Fee Required from Applicant and Processing of Information -Applicants must
present the following information:
1. a completed rezoning application;
2. an accurate survey of the property to be rezoned,and;
3. a deed or legal description which establishes ownership.
4. if the proposed zoning boundary splits an existing parcel a metes and bounds description shall
be required in addition to the survey
A rezoning fee established by the City Council shall be required. Processing of zoning amendment
applications shall begin within ninety(90) days from submission to the City Clerk.However,this
requirement is not intended to prevent the Planning Board or City Council from delaying action after
review by either body. If more than one tract or parcel is being sought for rezoning at the same time
by a single applicant,each parcel having a different zone shall constitute a separate rezoning request.
(4) Planning Board Review—Subsequent to initial adoption of a zoning ordinance,all proposed
Trinity Zoning Ordinance Page 17-1

amendments to the zoning ordinance or zoning map shall be submitted to the Planning Board for
review and comments.Any development regulation other than a zoning regulation that is proposed
to be adopted pursuant to 160D-604 may be referred to the planning board for review and
comment. If no written report is received from the Planning and Zoning Board within thirty(30)
days of referral of the amendments to the Board,the City Council may proceed in its consideration
of the amendment without the Planning Board report.The Council is not bound by the
recommendation,if any,of the Board.
(5) Plan Consistency-The Planning Board shall advise and comment on whether the proposed
amendment is consistent with any comprehensive plan that has been adopted and any other officially
adopted plan that is applicable.
The Planning Board shall provide a written recommendation to the governing board that addresses
plan consistency and other matters as deemed appropriate by the planning board,but a comment
by the planning board that a proposed amendment is inconsistent with the comprehensive plan
shall not preclude consideration or approval of the proposed amendment by the governing board.
If a zoning map amendment qualifies as a"large-scale rezoning" under G.S. 160D-602(b),the
planning board statement describing plan consistency may address the overall rezoning and
describe how the analysis and policies in the relevant adopted plans were considered in the
recommendation made.
(6) Council Statement—Prior to adopting or rejecting any zoning amendment,City Council must adopt
a statement describing whether its action is consistent with an adopted comprehensive plan and
explaining why the Council considerers the action taken to be reasonable and in the public interest.
When adopting or rejecting any petition for a zoning map amendment,a statement analyzing the
reasonableness of the proposed rezoning shall be approved by the governing board(NCGS 160D-
605).
(7) Withdrawal of Request-Any applicant for rezoning,may withdraw his/her petition anytime prior to
consideration by the Planning Board. If the applicant should choose to withdraw his/her petition after
being reviewed by the Planning Board but before it is to be considered by the City Council,he/she
must do so in writing no later than 5 p.m. on the first Friday following the last Planning Board
meeting where the item was dispensed.Failure to withdraw the rezoning petition by that time, shall
cause it to advance automatically to the City Council for consideration at their next regular session,
provided however that City Council may in its discretion,allow the withdrawal of a rezoning petition
at anytime for cause upon request by an applicant.
(8) Resubmission of Application- Should a petition for the amendment of these regulations and/or maps
be denied by action of the City Council,the applicant may resubmit an application for rezoning for
the same tract or parcel within the same calendar year so long as the request for rezoning is dissimilar
to the original request denied by the City Council. Should the second request be denied by the City
Council,the applicant must withhold all petitions for rezoning said tract or parcel for a period of
twelve (12)months from the date of the second denial by the City Council.
Trinity Zoning Ordinance Page 17-2

ARTICLE XVIII
LEGAL PROVISIONS
Section 18-1 Interpretation,Purpose and Conflict.
In interpreting and applying the provisions of this ordinance,they shall be held to be the
minimum requirements for the promotion of the public safety,health,convenience,prosperity,
and general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any
easements,covenants,or other agreements between parties,provided,however,that where this
ordinance imposes a greater restriction or requires larger open spaces than are imposed or
required by other ordinances,rules,regulations,or by easements,covenants or agreements,the
provisions of this ordinance shall govern,provided that nothing in the ordinance shall be
construed to amend or repeal any other existing ordinance of the City.
Section 18-2 Validity
Should any section or provisions of this ordinance be declared by the courts to be invalid, such
declaration shall not affect the validity of the ordinance as a whole or any part thereof otherthan
the part so declared to be invalid.
Section 18-3 Remedies
Anyone or all of the following procedures may be used to enforce the provisions of this Ordinance.
1. Denial of Permit or Certificate—If the violation is related to a permit that has been
issued or is pending,the Zoning Administrator may withhold or deny the permit,
certificate of occupancy or other form of authorization.
2. Conditional Permit or Temporary Certificate—If the violation is related to a permit,the
Zoning Administrator may condition the authorization of any permit or certificate upon
the correction of the deficiency,payment of civil penalties within a specified time,or the
posting of a compliance security approved by appropriate governmental authority.
3. Stop Work Orders-Whenever a building,sign,or structure,or part thereof is being
constructed,reconstructed,altered or repaired in violation of this Ordinance,the Zoning
Administrator may order the work to be immediately stopped.The stop order shall be in
writing and directed to the owner,occupant,or person doing the work.The stop order
shall state the specific work to be stopped,the specific reasons for the stoppage,and the
conditions under which the work may be resumed. Such action shall be in accordance
with NCGS 160D404(b);-1112,as applicable,or the NC Building Code.
4. Revocation of Permits-In addition to initiation of enforcement actions under
G.S. 160D-404,development approvals may be revoked by the local government
issuing the development approval by notifying the holder in writing stating the reason
for the revocation.The local government shall follow the same development review
and approval process required for issuance of the development approval,including
any required notice or hearing,in the review and approval of any revocation of that
approval. Development approvals shall be revoked for any substantial departure from
the approved application,plans,or specifications;for refusal or failure to comply
with the requirements of any applicable local development regulation or any State
law delegated to the local government for enforcement purposes in lieu of the State;
Trinity Zoning Ordinance Page 18-1

or for false statements or misrepresentations made in securing the approval.Any
development approval mistakenly issued in violation of an applicable State or local
law may also be revoked. The revocation of a development approval by a staff
member may be appealed pursuant to G.S. 160D-405. If an appeal is filed regarding a
development regulation adopted by a local government pursuant to this Chapter,the
provisions of G.S. 160D-405(e)regarding stays shall be applicable.
5. Criminal Penalty-Any violation of this Ordinance shall be a misdemeanor as provided
by NCGS 14-4.Each calendar day during which a violation continues shall
constitute a separate offense.
6. Civil Penalty. Any violation of this ordinance shall also subject the offender to a civil
penalty of$50.00. If the offender fails to pay the penalty within 10 days of receiving
final written Notice of a Violation,the penalty may be recovered by the City in a civil
action in the nature of a debt. A civil penalty may not be appealed to the Board of
Adjustment if the offender received a final written notice of violation and did not
appeal to the Board of Adjustment as prescribed in Section 16-5 above. Eachcalendar
day during which a violation continues shall constitute a separate offense.
7. Injunction-Any violation of this Ordinance or of any condition,order,or requirement,
or remedy adopted pursuant hereto may be restrained,corrected,abated,mandated,or
enjoined by other appropriate proceeding pursuant to state law.
Trinity Zoning Ordinance Page 18-2

APPENDIX A
A LOCAL ORDINANCE REGULATING THE SITING OF WIRELESS
TELECOMMUNICATIONS TOWERS AND FACILITIES
Section 1.Purpose and Legislative Intent.
The Telecommunications Act of 1996 affirmed the City of Trinity's authority concerning the
placement,construction and modification of Wireless Telecommunications Facilities. The City
of Trinity finds that Wireless Telecommunications Facilities may pose significant concerns to the
health, safety,public welfare,character and environment of the City of Trinity and its inhabitants.
The City also recognizes that facilitating the development of wireless service technology can be
an economic development asset to the City and of significant benefit to the City and its residents.
In order to insure that the placement,construction or modification of Wireless
Telecommunications Facilities is consistent with the City's land use policies,the City is adopting
a single,comprehensive,Wireless Telecommunications Facilities application and permit process.
The intent of this Local Ordinance is to minimize impact of Wireless Telecommunications
Facilities,establish a fair and efficient process for review and approval of applications,assure an
integrated,comprehensive review of the visual and environmental impacts of such facilities, and
protect the health, safety and welfare of the residents and Visitors of the City of Trinity.
Section 2. Title.
This Ordinance shall be known and cited as the Wireless Telecommunications Facilities Siting
Ordinance for the City of Trinity.
Section 3. Severability.
A) If any word,phrase,sentence,part, section, subsection,or other portion of this Ordinance
or any application thereof to any person or circumstance is declared void,
unconstitutional,or invalid for any reason,then such word,phrase, sentence,part,
section,subsection,or other portion,or the proscribed Application thereof, shall be
severable, and the remaining provisions of this Ordinance,and all applications thereof,
not having been declared void,unconstitutional,or invalid, shall remain in full force and
effect.
B) Any Special Use Permit issued under this Ordinance shall be comprehensive and not
severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any
material respect,by a competent authority,or is overturned by a competent authority,the
permit shall be void in total,upon determination by the City Council.
Section 4.Definitions.
For purposes of this Ordinance,and where not inconsistent with the context of a particular
section,the defined terms,phrases,words,abbreviations,and their derivations shall have
the meaning given in this section. When not inconsistent with the context,words in the
present tense include the future tense,words used in the plural number include words in
the singular number and words in the singular number include the plural number.The
word"shall"is always mandatory,and not merely directory.
Trinity Zoning Ordinance Page A-1

A) "Accessory Facility or Structure"means an accessory facility or structure serving or
being used in conjunction with Wireless Telecommunications Facilities, and located on
the same property or lot as the Wireless Telecommunications Facilities,including butnot
limited to,utility or transmission equipment storage sheds or cabinets.
B) "Applicant"means any Wireless service provider submitting an Application fora
Special Use Permit for Wireless Telecommunications Facilities.
C) "Application"means all necessary and appropriate documentation that an Applicant
submits in order to receive a Special Use Permit for Wireless Telecommunications Facilities.
D) "Antenna"means a system of electrical conductors that transmit orreceive
electromagnetic waves or radio frequency or other wireless signals.
E) "City"means the City of Trinity,North Carolina
F) "Co-location"means the use of an existing Tower or structure to support Antenna for the
provision of wireless services.
G) "Commercial Impracticability"or"Commercially Impracticable"means the
inability to perform an act on terms that are reasonable in commerce;the cause or occurrence
of which could not have been reasonably anticipated or foreseen and that jeopardizes the
financial efficacy of the project.The inability to achieve a satisfactory financial return on
investment or profit, standing alone, shall not deem a situation to be"commercial
impracticable" and shall not render an act or the terms of an agreement"commercially
impracticable".
IT) "Completed Application"means an Application that contains all information and/or
data necessary to enable an informed decision to be made with respect to an Application.
I) "Council'means the City Council of Trinity,North Carolina.
J) "DAS"or"Distributive Access System"means a technology using antenna combining
technology allowing for multiple carriers or Wireless Service Providers to us the same set of
antennas.
K) "FAA"means the Federal Aviation Administration,or its duly designated and authorized
successor agency.
L) "FCC"means the Federal Communications Commission,or its duly designated and
authorized successor agency.
M) "Height"means,when referring to a Tower or structure,the distance measured from the
pre-existing grade level to the highest point on the Tower or structure,even if said highest
point is an Antenna or lightening protection device.
N) "Modification"or"Modify"means,the addition,removal or change of any of the
physical and visually discernable components or aspects of a wireless facility, such as
antennas,cabling,equipment shelters,landscaping,fencing,utility feeds,changing the color
or materials of any visually discernable components,vehicular access,parking and/or an
upgrade or change-out of equipment for better or more modern equipment.Adding anew
Trinity Zoning Ordinance Page A-2

wireless carrier or service provider to a Telecommunications Tower or Telecommunications
Site as a co-location is a modification.A Modification shall not include the replacement of
any components of a wireless facility where the replacement is identical to the component
being replaced or for any matters that involve the normal repair and maintenance of a
wireless facility without adding,removing or changing anything.
O) "Need"means anything that is technically required for the wireless service to be
provided primarily and essentially within the City and creates the least physical and visual
impact. This does not necessarily mean the internal design standards of the applicant,as
companies' standards can vary greatly and normally reflect preferences. Rather,Needrelates
to the ability of the user-equipment to function as designed.
P) "NIER"means Non-Ionizing Electromagnetic Radiation.
Q) "Person"means any individual,corporation,estate,trust,partnership,joint stock
company,association of two(2)or more persons having a joint common interest,or any other
entity.
R) "Personal Wireless Facility" See definition for`Wireless Telecommunications
Facilities'.
S) "Personal Wireless Services"or"PWS"or"Personal Telecommunications Service"
or"PTS"shall have the same meaning as defined and used in the 1996
Telecommunications Act.
T) "Repairs and Maintenance" means the replacement or repair of any components of a
wireless facility where the replacement is identical to the component being replaced or for
any matters that involve the normal repair and maintenance of a wireless facility without the
addition,removal or change of any of the physical or visually discernable components or
aspects of a wireless facility that will add to the visible appearance of the facility asoriginally
permitted.
U) "Special Use Permit"means the official document or permit by which an Applicant is
allowed to file for a building permit to construct and use Wireless Telecommunications
Facilities as granted or issued by the City.
V) "Stealth"or"Stealth Technology"means to minimize adverse aesthetic and visual
impacts on the land,property,buildings and other facilities abutting to, surrounding, and in
generally the same area as the requested location of a Wireless Telecommunications Facility,
which shall mean using the least visually and physically intrusive facility that is not
technologically or commercially impracticable under the facts and circumstances. Stealth
technology expressly includes such technology as DAS or its functional equivalent.
W) "State"means the State of North Carolina
X) "Stealth"or"Camouflage"means disguising a tower or wireless telecommunications
facility so as to make it less visually obtrusive and not recognizable to the average person asa
wireless telecommunications facility.
Trinity Zoning Ordinance Page A-3

Y) "Telecommunications"means the transmission and/or reception of audio,video,data,
and other information by wire,radio frequency,light, and other electronic or electromagnetic
systems.
Z) "Telecommunication Site" See definition for Wireless Telecommunications Facilities.
AA) "Telecommunications Structure"means a structure used in the provision of
services described in the definition of`Wireless Telecommunications Facilities'.
BB) "Temporary"means temporary in relation to all aspects and components of this
Ordinance, something intended to,or that does,exist for fewer than ninety(90)days.
CC) "Tower"means any structure designed primarily to support an antenna for receiving
and/or transmitting a wireless signal.
DD)"Wireless Telecommunications Facilities"means and includes a
"Telecommunications Site" and "Personal Wireless Facility".It means a structure,
facility or location designed,or intended to be used as,or used to support Antennas or other
transmitting or receiving devices.This includes without limit,Towers of all types,kinds and
structures,including,but not limited to buildings,church steeples,silos,water towers,signs
or other structures that can be used as a support structure for Antennas or the functional
equivalent of such. It further includes all related facilities and equipment such as cabling,
equipment shelters and other structures associated with the site. It is a structure and facility
intended for transmitting and/or receiving radio,television,cellular, SMR,paging, 911,
Personal Communications Services(PCS),commercial satellite services,microwave services
and any commercial wireless telecommunication service not licensed by the FCC.
Section 5. Overall Policy and Desired Goals for Special Use Permits for Wireless
Telecommunications Facilities.
In order to ensure that the placement,construction, and modification of Wireless
Telecommunications Facilities protects the City's health, safety,public welfare,environmental
features,the nature and character of the community and neighborhood and other aspects of the
quality of life specifically listed elsewhere in this Ordinance,the City hereby adopts an overall
policy with respect to a Special Use Permit for Wireless Telecommunications Facilities for the
express purpose of achieving the following goals:
A) Requiring a Special Use Permit for any new,co-location or modification of a Wireless
Telecommunications Facility.
B) Implementing an Application process for person(s) seeking a Special Use Permit for
Wireless Telecommunications Facilities.
C) Establishing a policy for examining an application and issuing a Special Use Permit for
Wireless Telecommunications Facilities that is both fair and consistent.
D) Promoting and encouraging,wherever possible,the sharing and/or co-location of
Wireless Telecommunications Facilities among service providers.
E) Requiring,promoting and encouraging,wherever possible,the placement,height and
quantity of Wireless Telecommunications Facilities in such a manner,including butnot
Trinity Zoning Ordinance Page A-4

limited to the use of stealth technology,to minimize adverse aesthetic and visual impacts
on the land,property,buildings, and other facilities abutting to, surrounding, and in
generally the same area as the requested location of such Wireless Telecommunications
Facilities,which shall mean using the least visually and physically intrusive facility that
is not technologically or commercially impracticable under the facts and circumstances.
F) In granting a Special Use Permit,the City has found that the facility shall be the most
appropriate site as regards being the least visually intrusive among those available in the
City.
Section 6.Exceptions from a Special Use Permit for Wireless Telecommunications
Facilities.
A) No Person shall be permitted to site,place,build,construct,modify or prepare any site
for the placement or use of a Wireless Telecommunications Facility within the control of
the City's Police Powers as of the effective date of this Ordinance without having first
obtained a Special Use Permit for a Wireless Telecommunications Facility as defined in
Section Four(4) of this ordinance or an administratively granted authorization granted
under Section Nine(9)of this ordinance,whichever is applicable.Notwithstanding
anything to the contrary in this section,no Special Use Permit shall be required for those
non-commercial exceptions noted in Section Seven(7),unless deemed in the public
interest by the City.
B) If constructed as required by permit,all legally permitted Wireless Telecommunications
Facilities that existed on or before the effective date of this Ordinance shall be allowed to
continue as they presently exist,provided however,that any visible modification of an
existing Wireless Telecommunications Facility will require the complete facility,
including the tower if applicable,and any new installation to comply with this Ordinance,
as will anything changing the structural load.
C) Any Repair and Maintenance of a Wireless Facility does not require an application for a
Special Use Permit.However,no additional construction or site modification will be
permitted.
D) Notwithstanding any other provisions of this section and all subparts thereof, the co-
location and/or shared use of antennas on existing telecommunication towers or other tall
structures or compatible use structures, such as utility poles, water towers, and other
towers, shall be exempt from the Public Hearing requirement otherwise required for a
tower, and shall be subject only to an administrative review process by the City and its
designee.
Section 7.Exclusions. The following shall be exempt from this Ordinance:
A) The City's fire Department,Police's, Sheriffs or other public service facilities owned
and operated by the City.
B) Any facilities expressly exempt from the City's siting,building and permitting authority.
C) Over-the-Air reception Devices including the reception antennas for direct broadcast
satellites(DBS),multi-channel multipoint distribution(wireless cable)providers
(MMDS)receive-only equipment mounted on subscriber property,television broadcast
Trinity Zoning Ordinance Page A-S

stations (TUBS) and other customer-end antennas that receive and transmit fixed wireless
signals that are primarily used for reception,but not including microwave dishes.
D) Facilities used exclusively for private,non-commercial radio and television reception and
private citizen's bands,licensed amateur radio facilities shorter than 90' and other similar
non-commercial Telecommunications.
E) Facilities used exclusively for providing unlicensed spread spectrum technologies, such
as IEEE 802.1 la,b,g services(e.g. Internet Access Hot spots and Bluetooth)where the
facility does not require a new tower.
Section 8. Special Use Permit Application and Other Requirements for a New Tower or for
Increasing the Height of the Structure to be Attached to or the size of the
Profile of an attachment.
A) All Applicants for a Special Use Permit for Wireless Telecommunications Facilities or
any modification of such facility shall comply with the requirements set forth in this
Ordinance. The City Council is the officially designated agency or body of the City to
whom applications for a Special Use Permit for Wireless Telecommunications Facilities
must be made, and that is authorized to review,analyze,evaluate and make decisions
with respect to granting or not granting or revoking special use permits for Wireless
Telecommunications Facilities.The City may at its discretion delegate or designate the
City's Planning Board or other official agencies or officials of the City or expert
consultants to accept,review, analyze,evaluate and make recommendations to the City
Council with respect to the granting or not granting or revoking Special Use Permits for
Wireless Telecommunications Facilities.
B) The non-refundable Application fee for attaching to an existing Tower or other structure
without increasing the height shall be as set forth in the City's Schedule ofFees.
C) All Applicants shall closely follow the instructions for preparing an Application that shall
be provided prior to the submittal of an Application or at any time upon request.Not
closely following the instructions without permission to deviate from such may result in
the Application being returned without action and forfeiting the Application fee,but not
the escrow deposit.
D) When placing wireless facilities on government-owned property or facilities,only non-
commercial wireless carriers and users are exempt from the permitting requirements of
this Ordinance.
E) The City may reject applications not meeting the requirements stated herein or which are
otherwise not complete.
F) No Wireless Telecommunications Facilities shall be installed,constructed or modified
until the Application is reviewed and approved by the City, and the Special Use
Permit has been issued.
G) Any and all representations made by the Applicant to the City on the record during the
Application process,whether written or verbal, shall be deemed a part of the Application
and will be deemed to have been relied upon in good faith by the City.Any verbal
misrepresentation shall be treated as if it were made in writing.
Trinity Zoning Ordinance Page A-6

H) An Application for a Special Use Permit for Wireless Telecommunications Facilities
shall be signed on behalf of the Applicant by the person preparing the same and with
knowledge of the contents and representations made therein and attesting to the truth and
completeness of the information.
I) The Applicant must provide documentation to verify it has the right to proceed as
proposed on the Site.This requires an executed copy of the lease with the landowner or
landlord or a signed letter of agency acknowledging authorization. If the applicant owns
the site,a copy of the ownership record is required.
J) The Applicant shall include a statement in writing:
1) That the applicant's proposed Wireless Telecommunications Facilities shall be
maintained in a safe manner, and in compliance with all conditions of the Special Use
Permit,without exception,unless specifically granted relief by the City in writing,aswell
as all applicable and permissible local codes,ordinances, and regulations,including any
and all applicable City, State and Federal Laws,rules,and regulations; and
2) That the construction of the Wireless Telecommunications Facilities is legally
permissible,including,but not limited to the fact that the Applicant is authorized to
do business in the State.
K) Where a certification is called for in this Ordinance, such certification shall bearthe
signature and seal of a Professional Engineer licensed in the State.
L) In addition to all other required information as stated in this Ordinance,all applications
for the construction or installation of new Wireless Telecommunications Facilities or
modification of an existing facility shall contain the information hereinafter set forth.
Note that an Applicant will be granted permission for anything that it can conclusively
prove the technical need for,but that there is often a significant difference between
`need' and `want' or`desire'.For example, an assertion that the `need' is based on an
Applicant's own design criteria shall not suffice to prove the technological need for what
is requested.For purposes of permitting under this Ordinance, `need' shall mean what is
technologically needed for the equipment to function as designed by the manufacturer
and that anything less will result in prohibiting or acting in a manner that prohibits the
provision of service as intended and described in the narrative of the Application.
Proof of Need for the Facility
1) A detailed narrative description and explanation of the specific objective(s)for
the new facility,or the modification of an existing wireless facility,expressly
including and explaining the purpose and need for the facility, such as coverage
and/or capacity needs or requirements,and the specific geographic area of
intended coverage;
2) Technical documentation that proves the need for the Wireless
Telecommunications Facility to provide service primarily and essentially within
the City of Trinity. Such documentation shall include a propagation study of the
proposed site and all adjoining planned,proposed or existing sites,that
demonstrates a significant gap in coverage and/or,if a capacity issue is involved,
to include an analysis of the current and projected usage (traffic studies)using
generally accepted industry methods and standards so as to conclusively prove
Trinity Zoning Ordinance Page A-7

the need for what is proposed.A desire to change,upgrade,or improve the
technology or the service shall not be deemed a need in the context of this
Ordinance;
3) All of the modeling information(i.e. data)inputted into the software used to
produce propagation studies,including,but not limited to any assumptions made,
such as ambient tree height;
4) A copy of the FCC license applicable for the intended use of the Wireless
Telecommunications Facility,as well as a copy of the five (5) and ten(10)year
build-out plan required by and filed with the FCC;
5) The frequency,modulation and class of service of radio or other transmitting
equipment;
6) The maximum transmission power capability of all radios,as designed,if the
Applicant is a cellular or functional equivalent carrier,or the maximum
transmission power capability,as designed,of all transmission facilities if the
Applicant is not a cellular or functional equivalent carrier;
7) The actual intended transmission power stated as the maximum effective radiated
power(ERP)both in dBm's and watts;
Note: In effect what is needed is the information that the Company used to make its
determination as regards the need for the facility in the first place,the need and reason
for the requested location and the need for the height requested.
Ownership and Management
8) The Name,address and phone number of the person preparing the Application;
9) The Name,address, and phone number of the property owner and the Applicant,
including the legal name of the Applicant. If the owner of the structure is
different than the applicant,the name and all necessary contact information shall
be provided;
10) The Postal address and tax map parcel number of the property;
11) A copy of the FCC license applicable for the intended use of the Wireless
Telecommunications Facilities;
Zoning and Planning
12) The Zoning District or designation in which the property is situated;
13) The size of the property on which the structure to be attached to is located,stated
both in square feet and lot line dimensions, and a survey showing the location of
all lot lines;
14) The location,size and height of all existing and proposed structures on the
property on which the structure is located and that is the subject of the
Application;
15) If attaching to an existing Tower,a site plan showing the vertical rendition of the
Tower identifying all users and attachments to the Tower and all related fixtures,
structures,appurtenances and apparatus,including height above pre-existing
grade,materials,color and lighting;
16) If attaching to a building or other structure,a site plan showing the proposed
attachments and all related fixtures, structures,appurtenances and apparatus,
including height above the roof or balustrade,whichever is appropriate;
17) The azimuth, size and center line height location of all proposed and existing
antennas on the supporting structure;
18) The number,type and model of the Antenna(s)proposed,along with a copy of the
specification sheet(s)for the antennas;The Type,locations and dimensions of all
Trinity Zoning Ordinance Page A-8

proposed and existing landscaping, and fencing;
19) The number, type and design of the Telecommunications Tower(s) and
Antenna(s)proposed and the basis for the calculations of the Telecommunications
Tower's capacity to accommodate multiple users;
20) The applicant shall disclose in writing any agreement in existence prior to
submission of the Application that would limit or preclude the ability of the
Applicant to share any new Telecommunication Tower that it constructs;
Safety
21) If attaching to an existing Tower,the age of the tower in years,including the date
of the grant of the original permit or authorization for the Tower;
22) If attaching to an existing Tower,a description of the type of tower,e.g. guyed,
self-supporting lattice or monopole;
23) If attaching to an existing Tower,the make,model,type and manufacturer of the
Tower and the structural design calculations,certified by a Professional Engineer
licensed in the State,proving the tower's capability to safely accommodate the
facilities of the Applicant without change or modification;
24) If any change or modification of the Tower or other structure to be attached to is
needed,a detailed narrative explaining what changes are needed,why they are
needed and who will be responsible to assure that the changes are made;
25) If the structure proposed to be attached to is a Tower that has not previously been
permitted under this Law,or unless the Applicant can provide proof that this was
provided at the time of the initial application for the Tower or other structure,the
Applicant shall provide a copy of the installed foundation design,as well as a
geotechnical sub-surface soils investigation,evaluation report and foundation
recommendation for the tower site or other structure;
26) If increasing the height of an existing structure,or a Tower that is five (5)years
old or older,or for a guyed Tower that is three(3)years old or older,a copy of
the latest ANSI Report done pursuant to the latest edition of ANSI-EIA/TIA
222F—Annex E for any self-supporting Tower. If an ANSI report has not been
done pursuant to the preceding schedule,an ANSI report shall be done and
submitted as part of the Application.No Building Permit shall be issued for any
Wireless Facility where the structure being attached to is in need of remediation,
unless and until all remediation work needed has been completed or a schedule
for the remediation work has been approved by the Planning Department;
27) If not attaching to an existing Tower,a Structural Report signed by a Professional
Engineer licensed to do business in the State and bearing that engineer's
currently valid stamp, showing the structural adequacy of the structure to
accommodate the proposed Wireless Facility(s),including any equipment shelter,
unless the equipment shelter is located on the lowest floor of a building;
28) If attaching to a structure and thereby increasing the height of the structure,other
than a Tower,to which the public has or could reasonably have or gain access to,
documentation shall be provided,including all calculations,proving that the
potential exposure to RF Radiation(i.e.NIER or Non-Ion Emitting Radiation),
will be in compliance with the most recent Federal Communications Commission
regulations governing RF Radiation and exposure thereto, and further denoting
the minimum distance from any antennas an individual may safely stand without
being exposed to RF radiation in excess of the FCC's permitted standards and
any portion(s)of the structure that would be exposed to RF radiation in excess of
the FCC's permitted standards . In compliance with the FCC's regulations,in
such an instance the RF Radiation from all wireless facilities at that location shall
Trinity Zoning Ordinance Page A-9

be included in the calculations to show the cumulative effect on any area of the
building or structure deemed accessible by the public or workers. Such report or
analysis shall be signed and sealed by a Professional Engineer licensed in the
State; or
29) In an instance involving a Tower where the new Wireless Facilities will be ten
(10)meters or more above ground level,signed documentation such as the FCC's
"Checklist to Determine whether a Facility may Categorically Excluded" shall be
provided to verify that the Wireless Telecommunication Facility with the
proposed installation will be in full compliance with the current FCC's RF
Emissions regulations. If not categorically excluded,a complete RF Emissions
study is required to enable verification of compliance,pursuant to subsection
(E)(21)of this section,including providing all calculations so that such may be
verified;
30) In certain instances,the City may deem it appropriate to have an RF survey ofthe
facility done after the construction or modification and activation of the Facility,
such to be done under the direction of the City or its designee,and anun-redacted
copy of the survey results provided,along with all calculations;
31) If any section or portion of the structure to be attached to is not in compliance
with the FCC's regulations regarding RF radiation,that section or portion must
be barricaded with a suitable barrier to discourage approaching into the area in
excess of the FCC's regulations,and be marked off with yellow and blackplastic
chain and striped warning tape,as well as placing RF Radiation signs as needed
and appropriate to warn individuals of the potential danger;
32) A signed statement that the Applicant will expeditiously remedy any physical or
RF interference with other telecommunications or wireless devices or services.
M) The applicant will provide a written copy of an analysis,completed by a qualified
individual or organization,to determine if the proposed new Tower or existing structure
intended to support wireless facilities is in compliance with Federal Aviation
Administration Regulation Part 77 and if it requires lighting. This requirement shall also
be for any existing structure or building where the application increases the height of the
structure or building. If this analysis determines that an FAA determination is required,
then all filings with the FAA,all responses from the FAA and any related correspondence
shall be provided with the application.
N) Application for New Tower versus Co-location
1) In the case of a new Tower,the Applicant shall be required to submit a written report
demonstrating its meaningful efforts to secure shared use of existing Tower(s)or the
use of alternative buildings or other structures within the City that are at or above the
surrounding tree height or the tallest obstruction and are within one(1)mile of the
proposed tower. Copies of written requests and responses for shared use shall be
provided to the City in the Application,along with any letters of rejection stating the
reason for rejection.
2) In order to better inform the public,in the case of a new Telecommunication Tower,
the applicant shall hold a"balloon test"prior to the initial public hearing on the
application. The Applicant shall arrange to fly,or raise upon a temporary mast,a
minimum of a ten(10)foot in length brightly colored balloon at the maximum height
of the proposed new Tower.
Trinity Zoning Ordinance Page A-10

3) At least fourteen (14) days prior to the conduct of the balloon test, a sign shall be
erected so as to be clearly visible from the road nearest the proposed site and shall be
removed no later than fourteen(14)days after the conduct of the balloon test.The sign
shall be at least four feet(4') by eight feet(8') in size and shall be readable from the
road by a person with 20/20 vision.
4) Such sign shall be placed off,but as near to,the public right-of-way as is possible.
5) Such sign shall contain the times and date(s)of the balloon test and the date,time and
location of the required Planning Board hearing,as well as a copy of the proposed site
plan.
6) The dates, (including a second date, in case of poor visibility or wind in excess of 15
mph on the initial date) times and location of this balloon test shall be advertised by
the Applicant seven (7) and fourteen (14) days in advance of the first test date in a
newspaper with a general circulation in the City and as agreed to by the City of Trinity.
The Applicant shall inform the City in writing, of the dates and times of the test, at
least fourteen (14) days in advance. The balloon shall be flown for at least four (4)
consecutive hours between 10:00 am and 2:00 p.m. on the dates chosen. The primary
date shall be on a weekend,but the second date,in case of poor visibility on the initial
date,may be on a weekday.A report with pictures from various locations of the balloon
shall be provided with the application.
7) The Applicant shall notify all property owners and residents located within one-
thousand five hundred feet(1,500) of the nearest property line of the subject property
of the proposed construction of the Tower and Wireless Facility and of the date(s)and
time(s) of the balloon test. Such notice shall be provided at least fourteen (14) days
prior to the conduct of the balloon test and shall be delivered by US Certified Mail.
8) The Tower shall be structurally designed to accommodate at least five (5)additional
Antenna Arrays equivalent to those of the Applicant as regards the load and stress
created on the tower, and located as close to the Applicant's Antenna as possible
without causing interference.A claim of interference because of a need to have
greater than six feet(6')of vertical clearance between facilities,measured from the
vertical centerline of one array to the vertical centerline of another,must be proven
by technical data and not merely verbal or written assertions.This requirement may
be waived,provided that the Applicant,in writing,demonstrates that the provisions
of future shared usage of the Tower is not technologically feasible,is Commercially
Impracticable or creates an unnecessary and unreasonable burden,based upon:
a) The kind of Wireless Telecommunications Facilities site and structure
proposed;
b) Available space on existing and approved Towers;
c) The need for more than six feet(6')of vertical clearance between antenna
arrays,measured from the vertical centerline of one array to the vertical
centerline of another, such that there would not be adequate vertical space to
accommodate a total of four(4)carriers.
Trinity Zoning Ordinance Page A-11

9) The owner of a proposed new Tower, and his/her successors in interest, shall
negotiate in good faith for the shared use of the proposed Tower by other Wireless
service providers in the future, and shall:
a) Respond within 60 days to a request for information from a potential shared-
use Applicant;
b) Negotiate in good faith concerning future requests for shared use of the new
Tower by other Telecommunications providers;
c) Allow shared use of the new Tower if another Telecommunications provider
agrees in writing to pay reasonable charges. The charges may include,but
are not limited to,a Pro rata share of the cost of site selection,planning,
project administration,land costs, site design,construction and maintenance
financing,return on equity,less depreciation, and all of the costs of adapting
the Tower or equipment to accommodate a shared user without causing
electromagnetic interference;
d) Failure to abide by the conditions outlined above may be grounds for
revocation of the Special Use Permit.
O) The Applicant shall provide certification with documentation(i.e. structural analysis)
including calculations that the Telecommunication Facility tower and foundation and
attachments,rooftop support structure,water tank structure,or any other supporting
structure as proposed to be utilized are designed and will be constructed to meet all local,
state and federal structural requirements for loads,including wind and ice loads and
including,but not limited to all applicable ANSI(American National Standards Institute)
and other safety-related requirements and guidelines.
P) All proposed Wireless Telecommunications Facilities shall contain a demonstration that
the Facility be sited so as to create the least visual intrusiveness reasonably possible given
the facts and circumstances involved, and thereby have the least adverse visual effect on
the environment and its character,on existing vegetation, and on the residences in the
area of the Wireless Telecommunications Facility. The City expressly reserves the right
to require the use of Stealth or Camouflage technology or techniques such as DAS
(Distributive Antenna System technology)or its functional equivalent to achieve this goal
and such shall be subject to approval by the Council.
Q) If the application is for a new tower,or a new antenna attachment to an existing structure
other than a tower,or for a modification that noticeably changes the appearance of the
structure,the Applicant shall furnish a Visual Impact Assessment,which shall include:
1) If a new tower or increasing the height of an existing structure is proposed,a
computer generated"Zone of Visibility Map"at a minimum of one mile radius from
the proposed structure shall be provided to illustrate locations from which the
proposed installation may be seen,with and without foliage;
2) Pictorial representations(photo simulations)of"before and after"views from key
viewpoints inside of the City as may be appropriate and required,including but not
limited to state highways and other major roads; state and local parks;other public
lands; historic districts;preserves and historic sites normally open to the public;and
Trinity Zoning Ordinance Page A-12

from any other location where the site is visible to a large number of visitors,
travelers or residents.Guidance will be provided concerning the appropriate key
sites at the pre-application meeting. The applicant shall provide a map showing the
locations of where the pictures were taken and the distance(s)of each location from
the proposed structure;
3) A written description of the visual impact of the proposed facility,including,as
applicable,the tower base,guy wires,fencing and accessory buildings from abutting
and abutting properties and streets as relates to the need or appropriateness of
screening.
R) The Applicant shall demonstrate and provide in writing and/or by drawing how it
shall effectively screen from view the base and all related equipment and structures
of the proposed Wireless Telecommunications Facility.
S) The Wireless Telecommunications Facility and any and all accessory or associated
facilities shall maximize the use of building materials,colors and textures designedto
blend with the structure to which it may be affixed and/or to harmonize with the
natural surroundings.This shall include the utilization of stealth or camouflage or
concealment technology as may be required by the City.
T) All utilities at a Wireless Telecommunications Facilities site shall be installed
underground and in compliance with all Laws,ordinances,rules and regulations of
the City,including specifically,but not limited to,the National Electrical Safety
Code and the National Electrical Code where appropriate.
U) At a Wireless Telecommunications Facilities site an access road,turn around space
and parking shall be provided to assure adequate emergency and service access.
Maximum use of existing roads,whether public or private, shall be made to the
extent practicable. Road construction shall at all times minimize ground disturbance
and the cutting of vegetation. Road grades shall closely follow natural contours to
assure minimal visual disturbance and reduce soil erosion.
V) All Wireless Telecommunications Facilities shall be constructed,operated,
maintained,repaired,provided for removal of,modified or restored in strict
compliance with all current applicable technical, safety and safety-related codes
adopted by the City, State,or United States,including but not limited to the most
recent editions of the ANSI Code,National Electrical Safety Code and the National
Electrical Code,as well as accepted and responsible workmanlike industry practices
and recommended practices of the National Association of Tower Erectors.The
codes referred to are codes that include,but are not limited to,construction,building,
electrical,fire, safety,health, and land use codes. In the event of a conflict between
or among any of the preceding the more stringent shall apply.
W) A holder of a Special Use Permit granted under this Ordinance shall obtain,at its
own expense,all permits and licenses required by applicable law,ordinance,rule,
regulation or code,and must maintain the same,in full force and effect,for as long as
required by the or other governmental entity or agency having jurisdiction over the
applicant.
Trinity Zoning Ordinance Page A-13

X) There shall be a pre-application meeting for all intended applications. The purpose of
the pre-application meeting will be to address issues that will help to expedite the
review and permitting process and certain issues or concerns the City may have. A
pre-application meeting shall also include a site visit,if there has not been a prior site
visit for the requested facility. Costs of City consultants to prepare for and attend the
pre-application meeting will be borne by the applicant and paid for out of the
required escrow deposit.
Y) An Applicant shall submit to the City the number of completed Applications
determined to be needed at the pre-application meeting.However,applications will
not be provided to the City,other than for staff,until the application is deemed
complete.
Z) If the proposed site is within three(3)miles of another municipality or City,written
notification of the Application shall be provided to the legislative body of all such
abutting municipalities as applicable and/or requested.
AA) The holder of a Special Use Permit shall notify the City of any intended Modification
of a Wireless Telecommunication Facility and shall apply to the City to modify,
relocate or rebuild a Wireless Telecommunications Facility.
BB) An application to increase the height of a Tower or other structure shall be deemed
new tower and shall not qualify for treatment as an attachment to an existing Tower
or other structure under this Section.
Section 9.Requirements for an application to attach to an Existing Tower or other
Structure without increasing the height of the Tower or structure being
attached to or increasing the size of the profile of the structure.
A) If attached to an existing structure,unless the City Council deems doing so to be in the
public interest,it shall be impermissible for a wireless carrier's facilities andequipment
to be relocated from one structure to another without proof that not to do so would
prohibit or serve to prohibit the provision of service in the service area served by the
existing wireless facility.
B) The non-refundable Application fee for attaching to an existing Tower or other structure
without increasing the height shall be as set forth in the City's Schedule ofFees.
C) To prevent the taxpayers from having to pay for the expert technical assistance needed by
the City that is necessitated by the application, an Applicant shall be required to place
with the City an escrow deposit of no less than $6,500.After all invoices have been paid
and the Certificate of Completion or Occupancy has been granted, any unexpended
balance of the escrow deposit shall be returned to the Applicant upon request.
D) An application to increase the height of a Tower or other structure shall be deemed a new
tower and shall not qualify for treatment as an attachment to an existing Tower or other
structure under this Section.
E) There shall be no public hearing required for an application to attach to an existing tower
or other structure or to modify an existing Wireless Telecommunications Facility, as long
as there is no proposed increase in the height of the Tower or other structure to be
Trinity Zoning Ordinance Page A-14

attached to,including attachments thereto,unless for good cause such shall be required
by the City Council or Planning Director. Instead,the Special Use Permit or other
appropriate authority shall be issued by the appropriate department head.
F) An Application for a Special Use Permit for attaching wireless facilities to an existing
structure,including but not limited to cellular or PCS facilities and microwave facilities,
shall be contain the following information and comply with the following requirements.
G) Documentation shall be provided proving that the Applicant has the legal right to proceed
as proposed on the Site,including an executed copy of the lease with the owner of the
facility proposed to be attached to,or a letter of agency, showing the right of the
Applicant to attach to the structure.
H) A Pre-Application meeting shall be held and at or before the Pre-Application meeting,the
Applicant shall be provided instructions for completing an Application. Said instructions
are to be controlling as regards the form and substance of the issues addressed in the
Instructions and must be followed.
1) The Applicant shall include a written statement that:
1) The Applicant's proposed Wireless Telecommunications Facility shall be maintainedin
a safe manner, and in compliance with all conditions of all applicable permits and
authorizations,without exception,as well as all applicable and permissible local codes,
ordinances, and regulations,including any and all applicable City, State and Federal
Laws,rules, and regulations;and
2) The construction of the Wireless Telecommunications Facilities is legally
permissible,including,but not limited to the fact that the Applicant is authorized
to do business in the State.
J) An application for attaching to an existing structure or for modifying an existing facility
without increasing the height of the structure shall contain the following information.
Proof of Need for the Facility
1) A detailed narrative description and explanation of the specific objective(s)for
the new facility,or the modification of an existing wireless facility,expressly
including and explaining the purpose and need for the facility, such as coverage
and/or capacity needs or requirements,and the specific geographic area of
intended coverage;
2) Technical Documentation that proves the need for the Wireless
Telecommunications Facility to provide service primarily and essentially within
the City. Such documentation shall include a propagation study of the proposed
site and all adjoining planned,proposed or existing sites,that demonstrates a
significant gap in coverage and/or,if a capacity issue is involved,to include an
analysis of the current and projected usage (traffic studies)using generally
accepted industry methods and standards so as to conclusively prove the need for
what is proposed. The City may require the provision of all technical or
engineering data and information used by the Applicant to make it's
determination as regards the need for the facility or the change to the existing
facility.
Trinity Zoning Ordinance Page A-1 5

3) All of the modeling information(i.e. data)inputted into the software used to
produce the propagation studies,including,but not limited to any assumptions
made, such as ambient tree height;
4) A copy of the FCC license applicable for the intended use of the Wireless
Telecommunications Facility,as well as a copy of the five (5) and ten(10)year
build-out plan required by the FCC;
5) The frequency,modulation and class of service of radio or othertransmitting
equipment;
6) The maximum transmission power capability of all radios,as designed,if the
Applicant is a cellular or functional equivalent carrier,or the maximum
transmission power capability,as designed,of all transmission facilities if the
Applicant is not a cellular or functional equivalent carrier;
7) The actual intended transmission power stated as the maximum effective radiated
power(ERP),both in dBm's and watts;
Note: In effect what is needed is the information that the Company used to make its
determination as regards the need for the facility in the first place,the need and reason
for the requested location and the need for the height requested.
Ownership and Management
8) The Name,address and phone number of the person preparing the Application;
9) The Name,address, and phone number of the property owner and the Applicant,
including the legal name of the Applicant. If the owner of the structure is
different than the applicant,the name and all necessary contact information shall
be provided;
10) The Postal address and tax map parcel number of the property;
11) A copy of the FCC license applicable for the intended use of the Wireless
Telecommunications Facilities.
Zoning and Planning
12) The Zoning District or designation in which the property is situated;
13) The size of the property on which the structure to be attached to is located, stated
both in square feet and lot line dimensions, and a survey showing the location of
all lot lines;
14) The location, size and height of all existing and proposed structures onthe
property on which the structure is located and that is the subject of the
Application;
15) If attaching to an existing Tower,a site plan showing the vertical rendition of the
Tower identifying all users and attachments to the Tower and all related fixtures,
structures,appurtenances and apparatus,including height above pre-existing
grade,materials,color and lighting;
16) If attaching to a building or other structure,a site plan showing the proposed
attachments and all related fixtures, structures,appurtenances and apparatus,
including height above the roof or balustrade,whichever is appropriate;
17) The azimuth, size and center line height location of all proposed and existing
antennae on the supporting structure;
18) The number,type and model of the Antenna(s)proposed,along with a copy of
the specification sheet(s)for the antennas;
Trinity Zoning Ordinance Page A-16

Safety
19) If attaching to an existing Tower,the age of the tower in years,including the date
of the grant of the original permit or authorization for the Tower;
20) If attaching to an existing Tower,a description of the type of tower,e.g. guyed,
self-supporting lattice or monopole;
21) If attaching to an existing Tower,the make,model,type and manufacturer of the
Tower and the structural design calculations,certified by a Professional Engineer
licensed in the State,proving the tower's capability to safely accommodate the
facilities of the Applicant without change or modification,taking into account the
geotechnical situation and the foundation design;
22) If any change or modification of the Tower or other structure to be attached to is
needed,a detailed narrative explaining what changes are needed,why they are
needed and who will be responsible to assure that the changes are made;
23) If the structure proposed to be attached to is a Tower that has not previously been
permitted under this Law,or unless the Applicant can provide proof that this was
provided at the time of the initial application for the Tower or other structure,the
Applicant shall provide a copy of the installed foundation design,as well as a
geotechnical sub-surface soils investigation,evaluation report and foundation
recommendation for the tower site or other structure;
24) If attaching to an existing Tower,a copy of the latest ANSI Inspection Report
done pursuant to the latest edition of ANSI-EIA/TIA 222F—Annex E for any
self-supporting Tower that is five (5)years old or older or for any guyed Tower
that is three (3)years old or older. If an ANSI Inspection report has not been
done pursuant to the preceding schedule,an ANSI report shall be done and
submitted as part of the Application;
25) If not attaching to an existing Tower,but rather a different type of structure,a
Structural Report signed by a Professional Engineer licensed to do business in the
State and bearing that engineer's currently valid stamp, showing the structural
adequacy of the structure to accommodate the proposed Wireless Facility(s),
including any equipment shelter,unless the equipment shelter is located on the
ground or on the lowest floor of a building;
26) If attaching to a structure other than a Tower,to which the public has or could
reasonably have or gain access to,an Applicant shall provide documentation,
including all calculations,proving that the potential exposure to RF Radiation
(i.e.NIER or Non-Ion Emitting Radiation),will be in compliance with the most
recent Federal Communications Commission regulations governing RF Radiation
and exposure thereto, and further denoting the minimum distance from any
antennas an individual may safely stand without being exposed to RF radiation in
excess of the FCC's permitted standards and any portion(s)of the structure that
would be exposed to RF radiation in excess of the FCC's permitted standards . In
compliance with the FCC's regulations,in such an instance the RF Radiation
from all wireless facilities shall be included in the calculations to show the
cumulative effect on any area of the building or structure deemed accessible by
the public. Such report or analysis shall be signed and sealed by a Professional
Engineer licensed in the State;or
27) In an instance on a Tower where the new Wireless Facilities will be ten(10)
meters or more above ground level,signed documentation such as the FCC's
"Checklist to Determine whether a Facility may Categorically Excluded"shallbe
provided to verify that the Wireless Telecommunication Facility with the
proposed installation will be in full compliance with the current FCC's RF
Emissions regulations. If not categorically excluded,a complete RF Emissions
Trinity Zoning Ordinance Page A-17

study is required to enable verification of compliance,pursuant to subsection
(E)(21)of this section,including providing all calculations so that such may be
verified;
28) If any section or portion of the structure to be attached to is not in compliance
with the FCC's regulations regarding RF radiation,that section or portion must
be barricaded with a suitable warning barrier to discourage approaching into the
area in excess of the FCC's regulations, and be marked off with yellow and black
striped warning tape or a suitable warning barrier,as well as placing RF
Radiation signs as needed and appropriate to warn individuals of the potential
danger;
29) A signed statement that the Applicant will expeditiously remedy any physical or
RF interference with other telecommunications or wireless devices or services.
K) To protect the nature and character of the area and create the least visually intrusive
impact reasonably possible under the facts and circumstances, any attachment to a
building or other structure with a facie,the antennas shall be mounted on the facie,unless
it can be proven that such will prohibit or have the effect of prohibiting the provision of
service,and all such attachments and exposed cabling shall use camouflage or stealth
techniques to match as closely as possible the color and texture of the structure to which
such equipment is attached.
L) If attaching to a water tank,mounting on the top of the tank or the use of a corral shall
only be permitted if the Applicant can prove that to locate elsewhere will prohibit orhave
the effect of prohibiting the provision of service.The provisions of the preceding
subsection(J)of this section shall also apply to any attachment to a watertank.
M) The Applicant shall provide a certification by a Professional Engineer licensed in the
State,along with documentation(a structural analysis),including calculations,that prove
that the tower or other structure and its foundation as proposed to be utilized are designed
and were constructed to meet all local State,Federal and ANSI structural requirements
for loads,including wind and ice loads and the placement of any equipment on the roof a
building after the addition of the proposed new facilities.
N) If the Application is to attach to or modify existing facilities on a Tower,the applicant
shall provide signed documentation of the Tower condition; specifically a report done
pursuant to the latest edition of ANSI-EIAMA 222F(or 222G if adopted by the State)—
Annex E for any self-supporting Tower that is five (5)years old or older or for a guyed
Tower that is three (3)years old or older.Any deficiencies,other than strictly cosmetic
ones,must be completed or remedied prior to the issuance of a Building Permit for the
attachment of any component of the proposed Wireless Facilities.
O) So as to be the least visually intrusive reasonably possible given the facts and
circumstances involved, and thereby have the least adverse visual effect and create the
least intrusive or lowest profile or visual silhouette reasonably possible,unless it canbe
proven that such would be technologically impracticable So as minimize the visual
profile of the antennas all antennas attached to a tower or other structure shall be flush
mounted or as near to flush mounted as is possible without prohibiting or having the
effect of prohibiting the provision of service,or prove technically,with hard data and a
detailed narrative,that flush mounting can not be used and would serve to prohibit or
have the effect of prohibiting the provision of service.
Trinity Zoning Ordinance Page A-18

P) Unless it is deemed inappropriate or unnecessary by the City given the facts and
circumstances,the Applicant shall demonstrate and provide in writing and/or by drawing
how it shall effectively screen from view the base and all related equipment and
structures of the proposed Wireless Telecommunications Facility up to a height often
(10)feet.
Q) The Wireless Telecommunications Facility and any and all accessory or associated
facilities shall maximize the use of building materials,colors and textures designed to
blend with the structure to which it may be affixed and/or to harmonize with the natural
surroundings. This shall include the utilization of stealth,camouflage or concealment
technology as may be required by the City and as is not impracticable under the facts and
circumstances.
R) All utilities installed for a new Wireless Telecommunications Facility shall be installed
underground and in compliance with all Laws, ordinances,rules and regulations of the
City, including specifically,but not limited to,the National Electrical Safety Code and
the National Electrical Code where appropriate.
S) If deemed necessary or appropriate, an access road,turn around space and parking shall
be provided to assure adequate emergency and service access.Maximum use of existing
roads,whether public or private, shall be made to the extent practicable. Road
construction shall at all times minimize ground disturbance and the cutting of vegetation.
Road grades shall closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion and shall comply with any local or State regulations for the
construction of roads. If the facility currently has an access road or turn around space,but
such is deemed in disrepair or in need of remedial work to make it serviceable and safe
and in compliance with any applicable regulations,the Application shall contain a
commitment to remedy or restore the road or turn around space so that it is serviceable
and safe and in compliance with applicable regulations.
T) The Applicant, and the owner of record of any structure or tower attached to, shall,
jointly or separately,at its cost and expense,be required to place with the City a bond,or
other form of security acceptable to the City as to type of security and the form and
manner of execution,in an amount of at least$25,000 for attaching to an existing
structure or existing tower and with such sureties as are deemed sufficient by the City to
assure the faithful performance of the terms and conditions of this Law and conditions of
any Special Use Permit issued pursuant to this Law. Said bond or other security shall also
serve as a Removal Security to prevent the taxpayers from bearing the cost of removal in
the event of the abandonment or cessation of use for more than ninety(90)consecutive
days. The full amount of the bond or security shall remain in full force and effect
throughout the term of the Special Use Permit and/or until any necessary site restoration
is completed to restore the site to a condition comparable to that which existed prior to
the issuance of the original Special Use Permit.
Section 10.Location of Wireless Telecommunications Facilities.
Applicants for Wireless Telecommunications Facilities shall locate,site and erect said
Wireless Telecommunications Facilities in accordance with the following priorities,one(1)
being the highest priority and five (5)being the lowest priority. There shall be no towers
permitted in Residential zoning districts except RA(Residential Agricultural).
Trinity Zoning Ordinance Page A-19

1) On existing structures on publicly-owned property without increasing the height of
the tower or structure.
2) On publicly-owned properties or facilities.
3) On existing Towers or other structures without increasing the height of the toweror
structure.
4) On properties in areas zoned for Commercial or Business use.
5) In areas zoned for Agricultural use.
6) In areas zoned for Residential use.
B) If the proposed site is not proposed for the highest priority listed above,then a detailed
explanation and justification must be provided as to why a site of any higher priority
designations was not selected. The person seeking such an exception must satisfactorily
demonstrate the reason or reasons why such a permit should be granted for the proposed
site, and the hardship that would be incurred by the Applicant if the permit were not
granted for the Wireless Facility as proposed.
C) An Applicant may not by-pass sites of higher priority by stating the site proposed is the
only site leased or selected or because there is an existing lease with a landowner.An
Application shall address co-location as an option. If such option is not proposed,the
applicant must explain to the reasonable satisfaction of the City why co-location is
commercially impracticable or otherwise impracticable.Agreements between providers
limiting or prohibiting co-location shall not be a valid basis for any claim ofcommercial
impracticability or hardship.
D) Notwithstanding the above,the City may approve any site located within an area in the
above list of priorities,provided that the City finds that the proposed site is in the best
interest of the health, safety and welfare of the City and its inhabitants and will not have a
deleterious effect on the nature and character of the community and neighborhood.
Conversely,the City may direct that the proposed location be changed to another location
that is more in keeping with the goals of this Ordinance and the public interest as
determined by the Council.
E) If appropriate,based on selecting a site of lower priority,a detailed written explanation as
to why sites of a higher priority were not selected shall be included with the Application,
including the technical justification for such.
F) Notwithstanding that a potential site may be situated in an area of highest priority or
highest available priority,the City may disapprove an Application for any of the
following reasons:
1) Conflict with safety and safety-related codes and requirements;
2) Conflict with the historic nature or character of a neighborhood or district;
3) The use or construction of Wireless Telecommunications Facilities which is contrary
to an already stated purpose of a specific zoning or land use designation;
4) The placement and location of Wireless Telecommunications Facilities which would
create an unacceptable risk,or the reasonable probability of such,to residents,the
public,employees and agents of the City,or employees of the service provider or
other service providers;
5) The placement and location of a Wireless Telecommunications Facility wouldresult
in a conflict with,compromise in or change of the nature or character of the
surrounding area;
Trinity Zoning Ordinance Page A-20

6) Conflicts with the provisions of this Ordinance;
7) Failure to submit a complete Application as required under this Ordinance.
G) Notwithstanding anything to the contrary in this Ordinance,for good cause shown, such
as the ability to utilize a shorter or less intrusive facility elsewhere and still accomplish
the primary service objective,the City may require the relocation of a proposed site,
including allowing for the fact that relocating the site chosen by the Applicant may
require the use of more than one (1) site to provide substantially the same service if the
relocation could result in a less intrusive facility or facilities,singly or in combination,so
long as such does not prohibit or serve to prohibit the provision of service.
Section 11. Shared use of Wireless Telecommunications Facilities and other structures.
A) Unless such is proven to be technologically impracticable,the City requires Wireless
Facilities to be located on existing Towers or other suitable structures without increasing
the height of the tower or structure,as opposed to the construction of a new Tower. The
Applicant shall submit a comprehensive report inventorying all existing Towers and other
suitable structures within one (1)mile of the location of any proposed new Tower,unless
the Applicant can show that some other distance is more appropriate and reasonable and
demonstrate conclusively why an existing Tower or other suitable structure cannot be
used.
B) An Applicant intending to locate on an existing Tower or other suitable structure shall be
required to document the intent of the existing owner to permit its use by the Applicant.
C) Such shared use shall consist only of the minimum Antenna array technologically
required to provide service primarily and essentially within the City,to the extent
practicable,unless good cause is shown.
Section 12.Height of Telecommunications Tower(s).
A) All new towers shall be of the monopole type,unless such is able to be proven to be
technologically impracticable.No new towers of a lattice or guyed type shall be
permitted,unless relief is otherwise expressly granted.
B) The Applicant shall submit documentation justifying the technical need by the service
provider for the total height of any Tower,Facility and/or Antenna requested and the
basis therefore. To enable verification of the need for the requested height,
documentation in the form of propagation studies must include all backup data used to
produce the studies at the height requested and at a minimum of ten feet(10')lower
height. Such documentation will be analyzed in the context of the justification of the
height needed to provide service primarily and essentially within the City,to the extent
practicable,unless good cause is shown.
C) The maximum permitted total height of a new Tower shall be one hundred twenty feet
(120')above pre-construction ground level,unless it can be proven that such height
would prohibit or have the effect of prohibiting the provision of service in the intended
service area. The 120' maximum permitted height is not as-of-right height,but rather the
maximum permitted height,absent proof of the technological need for a greaterheight.
Trinity Zoning Ordinance Page A-21

D) Notwithstanding the one hundred twenty feet(120)maximum permitted height,
Telecommunications Towers and Facilities shall be no taller than the minimum height
technologically necessary to enable the provision of wireless service coverage or capacity
as needed within the City, and only within the City.
E) Spacing or the distance between towers shall be such that the service may be provided
without exceeding the maximum permitted height.
Section 13.Visibility of Wireless Telecommunications Facilities.
A) Wireless Telecommunications Facilities shall not be artificially lighted or marked,except
as required by Ordinance.
B) Stealth: All new Wireless Telecommunications facilities,including but not limited to
towers, shall utilize Stealth or Camouflage techniques and technology,unless such canbe
shown to be either Commercially or Technologically Impracticable.
C) Dual Mode: In order to minimize the number of antenna arrays and thus the visual
impact,the City may require the use of dual mode antennas to be used,including by two
different carriers,unless it can be proven that such will not work technologically and that
such would have the effect of prohibiting the provision of service.
D) Tower Finish/Color: Towers shall be galvanized and/or painted with a rust-preventive
paint of an appropriate color to harmonize with the surroundings and shall be maintained
in accordance with the requirements of this Ordinance.
E) Lighting: If lighting is required,Applicant shall provide a detailed plan for sufficient
lighting of as unobtrusive and inoffensive an effect as is permissible under State and
Federal regulations.All towers requiring lighting shall be lighted so as to effectively
eliminate the ground scatter effect of the lighting and so as to prevent the light from being
seen from the ground.
F) Flush Mounting: All new or replacement antennas,except omni-directional whip
antennas,shall be flush-mounted on any tower or other structure,unless the Applicant
can prove that it is technologically impracticable. If not flush-mounted,the antennas shall
be attached so as to create the smallest profile reasonably possible under the facts and
circumstances,unless it can be proven that to do so would prohibit or have the effect of
prohibiting the service.
G) Placement on Building—Facie: If attached to a building,all antennas shall be mounted on
the facie of the building and camouflaged so as to match the color and,if possible,texture
of the building or in a manner so as to make the antennas as visually innocuous and
undetectable as is possible given the facts and circumstances involved.
IT) Lighting—Preventing Ground Scatter Effect: For any Wireless Facility for which lighting
is required under the FAA's regulations,or that for any reason has lights attached,all
such lighting shall be affixed with technology that enables the light to be seen as intended
from the air,but that prevents the ground scatter effect so that it not able to be seen from
the ground to a height of at least 12 degrees vertical for a distance of at least 1 mile in a
level terrain situation. Such device must be compliant with or not in conflict with FAA
Trinity Zoning Ordinance Page A-22

regulations.A physical shield may be used,as long as the light is able to be seen from the
air,as intended by the FAA.
I) In the event a tower that is lighted is modified, at the time of the modification the City
may require that the Tower be retrofitted with the technology set forth in the preceding
subsection(F).
Section 14. Security of Wireless Telecommunications Facilities.
All Wireless Telecommunications Facilities and Antennas shall be located,fenced or otherwise
secured in a manner that prevents unauthorized access. Specifically:
A) All Antennas,Towers and other supporting structures,including guy anchor points and
wires, shall be made inaccessible to individuals and constructed or shielded in such a
manner that they cannot be climbed or collided with;and
B) Transmitters and Telecommunications control points shall be installed in such a manner
that they are readily accessible only to persons authorized to operate or service them.
Section 15. Signage.
Wireless Telecommunications Facilities shall contain a sign no larger than four(4) square feet in
order to provide adequate notification to persons in the immediate area of the presence of RF
radiation or to control exposure to RF radiation within a given area.A sign of the same size is
also to be installed to contain the name(s)of the owner(s)and operator(s)of the Antenna(s)as
well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the
Applicant and be visible from the access point of the site and must identify the equipment owner
of the shelter or cabinet. On tower sites, an FCC registration site,as applicable,is also to be
present.The signs shall not be lighted,unless applicable law,rule or regulation requires lighting.
No other signage,including advertising, shall be permitted.
Section 16.Lot Size and Setbacks.
A) All proposed Towers and any other proposed Wireless Telecommunications Facility
attachment structures shall be set back from abutting parcels,recorded rights-of-way and
road and street lines by the greater of the following distances: A distance equal to the
height of the proposed Tower or Wireless Telecommunications Facility structure plus ten
percent(10%)of the height of the Tower or structure,otherwise known as the Fall Zone,
or the existing setback requirement of the underlying zoning district,whichever is
greater.Any Accessory structure shall be located so as to comply with the applicable
minimum setback requirements for the property on which it is situated.The fall zone or
setback shall be measured from the nearest portion of the right-of-way of any public road
or thoroughfare and any occupied building or domicile.Further,the nearest portion of
any access road to a wireless facility shall be no less than fifteen(15) feet from the
nearest property line.
B) There shall be no development of habitable buildings within the Fall Zone or setback area
set forth in the preceding subsection(A).
Trinity Zoning Ordinance Page A-23

Section 17.Retention of Expert Assistance and Reimbursement by Applicant.
A) The City may hire any consultant and/or expert necessary to assist the City in reviewing
and evaluating the Application,including the construction and modification of the site,
once permitted,and any site inspections.
B) To prevent the taxpayers from having to bear the cost related to the issue of the regulation
of Wireless Telecommunications Facilities, an Applicant shall deposit with the City
funds sufficient to reimburse the City for all reasonable costs of i)consulting and expert
evaluation and consultation with the City or the Applicant in connection with the
submission and/or review of any Application ii),including any requests for waiver,
relief or exemption,any lease negotiations and any pre-submittal review requested by
the applicant,all of which are deemed part of the pre-approval evaluation, and including
the construction and modification of the site,once permitted. The initial deposit shall be
at least$6,500 or other greater amount as may be set forth in the City's Schedule of Fees.
The placement of the $6,500 with the City shall precede the pre-application meeting or
any work being done as regards processing an application. The City of Trinity will
maintain a separate escrow account for all such funds. The City of Trinity's
consultants/experts shall invoice the City for its services in reviewing the Application,
including the construction and modification of the site,once permitted. If at any time
during the process this escrow account has a balance less than $2,500.00,the Applicant
shall immediately,upon notification by the City,replenish said escrow account so that it
has a balance of at least$5,000.00. Such additional escrow funds shall be deposited with
the City before any further action or consideration is taken on the Application.In the
event that the amount held in escrow is more than the amount of the actual invoicing at
the conclusion of the project,the remaining balance shall be promptly refunded to the
Applicant upon written request.
B) To prevent the taxpayers from having to bear any cost related to the issue of the
regulation of Wireless Telecommunications Facilities,no work shall be done on an
application for which the full amount of the escrow deposit as set forth in the preceding
subsection(B)of this section has not been placed with the City. In the event the escrow
deposit minimum balance as set forth in this subsection(B)is not maintained,all work on
the Application shall cease until the deposit is replenished as required.
C) The total amount of the funds needed as set forth in subsection(B)of this section may
vary with the scope and complexity of the project,the completeness of the Application,
necessary discussions with the Applicant and other information as may be needed to
complete the necessary review, analysis and inspection of any construction or
modification.
D) Records of all outside costs associated with the review and permitting process shall be
maintained and available for public inspection,in compliance with applicable law.
Section 18.Public Hearing and Notification Requirements.
A) Prior to the approval of any Application for a Special Use Permit for a new tower or for any
facility that increases the height or profile of the structure to which it is to be attached,a
public hearing shall be held by the City,notice of which shall be published in accordance
with the City's Zoning Ordinance. In order that the nearby landowners are aware ofthe
Trinity Zoning Ordinance Page A-24

public hearing,all landowners within one-thousand five hundred(1,500)feet of any
property line of the lot or parcel on which the new Wireless Telecommunications Facilities
are proposed shall be notified of the public hearing.
B) The City shall schedule the public hearing referred to in Subsection(A)of this section
once it finds the Application is complete and is not required to set a date if the
Application is not complete. The City,at any stage prior to issuing a Special Use Permit,
may require such additional information as it deems necessary as such relates to the issue
of the siting,construction or modification of a Wireless Telecommunications Facility.
Section 19.Action on an Application for a Special Use Permit for Wireless
Telecommunications Facilities.
A) The City will undertake a review of an Application pursuant to this Article in a timely
fashion,consistent with its legal responsibilities, and shall act within a reasonable period
of time given the relative complexity of the Application and the circumstances,with due
regard for the public's interest and need to be involved,and the Applicant's desire for a
timely action on the Application.The City shall comply with the FCC's regulations
regarding the maximum permitted time to act on an application.
B) The City may refer any Application or part thereof to any advisory or other entity ofits
choice for a non-binding recommendation.
C) After the public hearing and after formally considering the Application,the City may
approve,approve with conditions,or deny a Special Use Permit. Its decision shall be in
writing and shall be supported by substantial evidence contained in a written record. The
burden of proof for the grant of the permit shall always be upon the Applicant.
D) If the City approves the Special Use Permit for Wireless Telecommunications Facilities,
then the Applicant shall be notified of such approval in writing within ten(10)calendar
days of the City's action, and the Special use Permit or other appropriate authorization
shall be issued within thirty(30)days after such approval. Except for necessary building
permits, and subsequent Certificates of Compliance,once a Special Use Permit has been
granted hereunder,no additional permits or approvals from the City, such as site plan or
zoning approvals, shall be required by the City for the Wireless Telecommunications
Facilities covered by the Special Use Permit.
E) If the City denies the Special Use Permit or other appropriate authorization for Wireless
Telecommunications Facilities,then the Applicant shall be notified of such denial in
writing within ten(10)calendar days of the City's action and shall set forth in writingthe
reason or reasons for the denial.
Section 20.Extent and Parameters of Special Use Permit for Wireless Telecommunications
Facilities.
The extent and parameters of a Special Use Permit for Wireless Telecommunications Facilities
shall be as follows:
A) Such Special Use Permit shall not be assigned,transferred or conveyed without the
express prior written notification to the City.
Trinity Zoning Ordinance Page A-25

B) In the event of a violation of this Ordinance,following an opportunity to cure and,if not
cured within the time frame set forth in the notice of violation,a hearing shall be held
upon due prior notice to the Applicant.Following such hearing,if found to be in violation
of this Ordinance,the Special Use Permit may be revoked,canceled,or terminated for a
violation of the conditions and provisions of the Special Use Permit,or for a material
violation of this Ordinance or other applicable law,rule or regulation.
C) Notice of a violation and of the date,time and place of a hearing shall be provided by
registered mail to the last known address of the holder of the Special Use Permit.
Section 21.Application Fee.
At the time that a person submits an Application for a Special Use Permit or other appropriate
authorization for a new Tower or a co-located facility, such person shall pay a non-refundable
application fee as set forth in the City's Fee Schedule as may be amended or changed from time
to time.
Section 22.Removal and Performance Security.
The Applicant and the owner of record of any proposed tower or other support structure shall,at
its cost and expense,be required to file with the City a bond,or other form of security acceptable
to the City as to the type of security and the form and manner of execution,in an amount of at
least$75,000.00 for i)the removal of the tower or structure with such sureties as are deemed
sufficient by the City and ii)to assure the faithful performance of the terms and conditions of this
Ordinance and conditions of any Special Use Permit or any other applicable permit or
authorization issued pursuant to this Ordinance.The full amount of the bond or security shall
remain in full force and effect throughout the term of the Special Use Permit to assure faithful
performance under this Ordinance and in the event of abandonment until any necessary site
restoration is completed to restore the site to a condition comparable to that which existed prior to
the issuance of the original Special Use Permit.
Section 23.Reservation of Authority to Inspect Wireless Telecommunications Facilities.
In order to verify that the holder of a Special Use Permit for Wireless Telecommunications
Facilities and any and all lessees,renters,and/or licensees of Wireless Telecommunications
Facilities,place and construct such facilities,including Towers and Antennas,in accordance with
all applicable technical, safety,fire,building,and zoning codes,Laws,ordinances and regulations
and other applicable requirements,the City may inspect all facets of said permit holder's,renter's,
lessee's or licensee's placement,construction,modification and maintenance of such facilities,
including,but not limited to,Towers,Antennas and buildings or other structures constructed or
located on the permitted site.
Section 24.Liability Insurance.
A) A holder of a Special Use Permit for Wireless Telecommunications Facilities shall secure
and at all times maintain public liability insurance for personal injuries,death and
property damage, and umbrella insurance coverage,for the duration of the Special Use
Permit in amounts as set forth below:
Trinity Zoning Ordinance Page A-26

1) Commercial General Liability covering personal injuries,death and property
damage: $1,000,000 per occurrence/$2,000,000 aggregate; and
2) Automobile Coverage: $1,000,000.00 per occurrence/$2,000,000 aggregate;and
3) A $3,000,000 Umbrella coverage;and
4) Workers Compensation and Disability: Statutory amounts.
B) For a Wireless Telecommunications Facility on City property,the Commercial General
Liability insurance policy shall specifically include the City and its officers,employees,
committee members,attorneys,agents and consultants as additional insureds.
C) The insurance policies shall be issued by an agent or representative of an insurance
company licensed to do business in the State and with a Best's rating of at leastA.
D) The insurance policies shall contain an endorsement obligating the insurance company to
furnish the City with at least thirty(30)days prior written notice in advance of the
cancellation of the insurance.
E) Renewal or replacement policies or certificates shall be delivered to the City at least
fifteen(15)days before the expiration of the insurance that such policies are to renew or
replace.
F) Before construction of a permitted Wireless Telecommunications Facilities is initiated,
but in no case later than fifteen(15)days after the grant of the Special Use Permit,the
holder of the Special Use Permit shall deliver to the City a copy of each of the policies or
certificates representing the insurance in the required amounts.
G) A Certificate of Insurance that states that it is for informational purposes only anddoes
not confer rights upon the City shall not be deemed to comply with this Section.
Section 25.Indemnification.
A) Any application for Wireless Telecommunication Facilities that is proposed for City
property,pursuant to this Ordinance, shall contain a provision with respect to
indemnification. Such provision shall require the applicant,to the extent permitted by the
Ordinance,to at all times defend,indemnify,protect, save,hold harmless, and exemptthe
City,and its officers,employees,committee members,attorneys,agents, and consultants
from any and all penalties,damages,costs,or charges arising out of any and all claims,
suits,demands,causes of action,or award of damages,whether compensatory or
punitive,or expenses arising therefrom,either at law or in equity,which might arise out
of,or are caused by,the placement,construction,erection,modification,location,
products performance,use,operation,maintenance,repair,installation,replacement,
removal,or restoration of said Facility,excepting,however, any portion of such claims,
suits,demands,causes of action or award of damages as may be attributable to the
negligent or intentional acts or omissions of the City, or its servants or agents.With
respect to the penalties,damages or charges referenced herein,reasonable attorneys' fees,
consultants' fees,and expert witness fees are included in those costs that are recoverable
by the City.
B) Notwithstanding the requirements noted in subsection(A) of this section, an
indemnification provision will not be required in those instances where the City itself
applies for and secures a Special Use Permit for Wireless Telecommunications Facilities.
Trinity Zoning Ordinance Page A-27

Section 26.Fines.
A) In the event of a violation of this Ordinance or any Special Use Permit issued pursuant to
this Ordinance,the City may impose and collect, and the holder of the Special Use Permit
for Wireless Telecommunications Facilities shall pay to the City,fines or penalties as set
forth below.
B) If the holder of a Special Use Permit fails to comply with provisions of this Ordinance
such shall constitute a violation of this Ordinance and shall be subject to a fine not to
exceed $350 per day per violation following due and proper notice and,further,each day
or part thereof that a violation remains uncured after proper notice shall constitute a
separate violation,punishable separately.
C) Notwithstanding anything in this Ordinance,the holder of the Special Use Permit for
Wireless Telecommunications Facilities may not use the payment of fines,liquidated
damages or other penalties,to evade or avoid compliance with this Ordinance or any
section of this Ordinance.An attempt to do so shall subject the holder of the Special Use
Permit to termination and revocation of the Special Use Permit. The City may also seek
injunctive relief to prevent the continued violation of this Ordinance,without limiting
other remedies available to the City.
Section 27.Default and/or Revocation.
If a Wireless Telecommunications Facility is repaired,rebuilt,placed,moved,re-located,
modified or maintained in a way that is inconsistent or not in compliance with the
provisions of this Ordinance or of the Special Use Permit,then the City shall notify the
holder of the Special Use Permit in writing of such violation.A Permit holder in
violation may be considered in default and subject to fines as in Section 24 and if a
violation is not corrected to the satisfaction of the City in a reasonable period of time the
Special Use Permit is subject to revocation.
Section 28.Removal of Wireless Telecommunications Facilities.
A) The owner of any tower or wireless facility shall be required to provide a minimum of
thirty(30)days written notice to the City Clerk prior to abandoning any tower or
wireless facility.
B) Under the following circumstances,the City may determine that the health, safety, and
welfare interests of the City warrant and require the removal of Wireless
Telecommunications Facilities.
1) Wireless Telecommunications Facilities with a permit have been abandoned
(i.e.not used as Wireless Telecommunications Facilities)for a period
exceeding ninety consecutive (90)days or a total of one hundred-eighty
(180)days in any three hundred-sixty five (365)day period,except for
periods caused by force majeure or Acts of God,in which case,repair or
removal shall commence within 90 days;
2) Permitted Wireless Telecommunications Facilities fall into such a state of
disrepair that it creates a health or safety hazard;
3) Wireless Telecommunications Facilities have been located,constructed,or
modified without first obtaining,or in a manner not authorized by,the
Trinity Zoning Ordinance Page A-28

required Special Use Permit,or any other necessary authorization and the
Special Permit may be revoked.
C) If the City makes such a determination as noted in subsection(A)of this section,then the
City shall notify the holder of the Special Use Permit for the Wireless
Telecommunications Facilities within forty-eight(48)hours that said Wireless
Telecommunications Facilities are to be removed,the City may approve an interim
temporary use agreement/permit, such as to enable the sale of the Wireless
Telecommunications Facilities.
D) The holder of the Special Use Permit,or its successors or assigns, shall dismantle and
remove such Wireless Telecommunications Facilities,and all associated structures and
facilities,from the site and restore the site to as close to its original condition as is
possible, such restoration being limited only by physical or commercial impracticability,
within ninety(90)days of receipt of written notice from the City.However,if the owner
of the property upon which the Wireless Telecommunications Facilities are located
wishes to retain any access roadway to the Wireless Telecommunications Facilities,the
owner may do so with the approval of the City.
E) If Wireless Telecommunications Facilities are not removed or substantial progress has
not been made to remove the Wireless Telecommunications Facilities within ninety(90)
days after the permit holder has received notice,then the City may order officials or
representatives of the City to remove the Wireless Telecommunications Facilities at the
sole expense of the owner or Special Use Permit holder.
F) If,the City removes,or causes to be removed,Wireless Telecommunications Facilities,
and the owner of the Wireless Telecommunications Facilities does not claim and
remove it from the site to a lawful location within ten(10)days,then the City may take
steps to declare the Wireless Telecommunications Facilities abandoned,and sell them
and their components.
G) Notwithstanding anything in this Section to the contrary,the City may approve a
temporary use permit/agreement for the Wireless Telecommunications Facilities,for no
more than ninety(90)days,during which time a suitable plan for removal,conversion,or
re-location of the affected Wireless Telecommunications Facilities shall be developed by
the holder of the Special Use Permit, subject to the approval of the City, and an
agreement to such plan shall be executed by the holder of the Special Use Permit and the
City. If such a plan is not developed,approved and executed within the ninety(90)day
time period,then the City may take possession of and dispose of the affected Wireless
Telecommunications Facilities in the manner provided in this Section and utilize the bond
in Section 21.
Section 29.Relief.
Any Applicant desiring relief,waiver or exemption from any aspect or requirement of this
Ordinance may request such at the pre-Application meeting,provided that the relief or exemption
is contained in the submitted Application for either a Special Use Permit,or in the case of an
existing or previously granted Special Use Permit a request for modification of its Tower and/or
facilities. Such relief may be temporary or permanent,partial or complete.However,the burden
of proving the need for the requested relief,waiver or exemption is solely on the Applicant to
prove. The Applicant shall bear all costs of the City in considering the request and the relief,
Trinity Zoning Ordinance Page A-29

waiver or exemption.No such relief or exemption shall be approved unless the Applicant
demonstrates by clear and convincing evidence that,if granted,the relief,waiver or exemption
will have no significant affect on the health, safety and welfare of the City,its residents or other
service providers.
Section 30.Periodic Regulatory Review by the City of Trinity.
A) The City may at any time conduct a review and examination of this entire Ordinance.
B) If after such a periodic review and examination of this Ordinance,the City determines
that one or more provisions of this Ordinance should be amended,repealed,revised,
clarified,or deleted,then the City may take whatever measures are necessary in
accordance with applicable Ordinance in order to accomplish the same. It is noted that
where warranted,and in the best interests of the City,the City may repeal this entire
Ordinance at any time.
C) Notwithstanding the provisions of subsections(A) and(B)of this Section,the City may
at any time and in any manner(to the extent permitted by Federal, State,or local law),
amend,add,repeal,and/or delete one or more provisions of this Ordinance.
Section 31.Adherence to State and/or Federal Rules and Regulations.
A) To the extent that the holder of a Special Use Permit for Wireless Telecommunications
Facilities has not received relief,or is otherwise exempt,from appropriate State and/or
Federal agency rules or regulations,then the holder of such a Special Use Permit shall
adhere to, and comply with,all applicable rules,regulations, standards,and provisions of
any State or Federal agency,including,but not limited to,the FAA and the FCC.
Specifically included in this requirement are any rules and regulations regarding height,
lighting, security,electrical and RF emission standards.
B) To the extent that applicable rules,regulations, standards,and provisions of any State or
Federal agency,including but not limited to,the FAA and the FCC,and specifically
including any rules and regulations regarding height,lighting,and security are changed
and/or are modified during the duration of a Special Use Permit for Wireless
Telecommunications Facilities,then the holder of such a Special Use Permit shall
conform the permitted Wireless Telecommunications Facilities to the applicable changed
and/or modified rule,regulation, standard,or provision within a maximum oftwenty-four
(24)months of the effective date of the applicable changed and/or modified rule,
regulation, standard,or provision,or sooner as may be required by the issuing entity.
Section 32.Reservation of Police Powers.
The City expressly reserves and preserves its inherent police powers as may be to administer or
enforce this Ordinance and nothing shall in any way diminish or lessen said powers and authority.
Section 33. Conflict with Other Laws.
Where this Ordinance differs or conflicts with other Laws,rules and regulations,unless the right
to do so is preempted or prohibited by the City, State or federal government,this Ordinance shall
apply.
Trinity Zoning Ordinance Page A-30

Section 34.Effective Date.
This Ordinance shall be effective immediately upon passage,pursuant to applicable legal and
procedural requirements.
Section 35.Authority.
This Local Ordinance is enacted pursuant to applicable authority granted by the State and federal
government.
Trinity Zoning Ordinance Page A-31

INDEX
SECTION 1.PURPOSE AND LEGISLATIVE INTENT.........................................................................6
SECTION2.TITLE.....................................................................................................................................6
SECTION 3.SEVERABILITY...................................................................................................................6
SECTION4.DEFINITIONS.......................................................................................................................6
SECTION 5.OVERALL POLICY AND DESIRED GOALS FOR SPECIAL USE PERMITS FOR
WIRELESS TELECOMMUNICATIONS FACILITIES.........................................................................9
SECTION 6.EXCEPTIONS FROM A SPECIAL USE PERMIT FOR WIRELESS
TELECOMMUNICATIONS FACILITIES............................................................................................10
SECTION 7.EXCLUSIONS.THE FOLLOWING SHALL BE EXEMPT FROM THIS
ORDINANCE.............................................................................................................................................10
SECTION 8.SPECIAL USE PERMIT APPLICATION AND OTHER REQUIREMENTS FOR A
NEW TOWER OR FOR INCREASING THE HEIGHT OF THE STRUCTURE TO BE
ATTACHEDTO.........................................................................................................................................11
SECTION 9.REQUIREMENTS FOR AN APPLICATION TO ATTACH TO AN EXISTING
TOWER OR OTHER STRUCTURE WITHOUT INCREASING THE HEIGHT OF THE TOWER
OR STRUCTURE BEING ATTACHED TO...........................................................................................19
SECTION 10.LOCATION OF WIRELESS TELECOMMUNICATIONS FACILITIES.................24
SECTION 11.SHARED USE OF WIRELESS TELECOMMUNICATIONS FACILITIES AND
OTHERSTRUCTURES............................................................................................................................26
SECTION 12.HEIGHT OF TELECOMMUNICATIONS TOWER(S)...............................................26
SECTION 13.VISIBILITY OF WIRELESS TELECOMMUNICATIONS FACILITIES.................27
SECTION 14.SECURITY OF WIRELESS TELECOMMUNICATIONS FACILITIES..................28
SECTION15.SIGNAGE...........................................................................................................................28
SECTION 16.LOT SIZE AND SETBACKS...........................................................................................28
SECTION 17.RETENTION OF EXPERT ASSISTANCE AND REIMBURSEMENT BY
APPLICANT...............................................................................................................................................29
SECTION 18.PUBLIC HEARING AND NOTIFICATION REQUIREMENTS................................29
SECTION 19.ACTION ON AN APPLICATION FOR A SPECIAL USE PERMIT FOR WIRELESS
TELECOMMUNICATIONS FACILITIES.............................................................................................30
SECTION 20.EXTENT AND PARAMETERS OF SPECIAL USE PERMIT FOR WIRELESS
TELECOMMUNICATIONS FACILITIES.............................................................................................30
SECTION 21.APPLICATION FEE.........................................................................................................31
SECTION 22.REMOVAL AND PERFORMANCE SECURITY.........................................................31
SECTION 23.RESERVATION OF AUTHORITY TO INSPECT WIRELESS
TELECOMMUNICATIONS FACILITIES.............................................................................................31
SECTION 24.LIABILITY INSURANCE................................................................................................31
SECTION 25.INDEMNIFICATION.......................................................................................................32
SECTION26.FINES.................................................................................................................................33
SECTION 27.DEFAULT AND/OR REVOCATION.............................................................................33
SECTION 28.REMOVAL OF WIRELESS TELECOMMUNICATIONS FACILITIES..................33
Trinity Zoning Ordinance Index-1

SECTION29.RELIEF...............................................................................................................................34
SECTION 30.PERIODIC REGULATORY REVIEW BY THE CITY OF TRINITY........................35
SECTION 31.ADHERENCE TO STATE AND/OR FEDERAL RULES AND REGULATIONS.....35
SECTION 32.RESERVATION OF POLICE POWERS........................................................................35
SECTION 33.CONFLICT WITH OTHER LAWS.................................................................................35
SECTION 34.EFFECTIVE DATE...........................................................................................................36
SECTION 35.AUTHORITY.....................................................................................................................36
Trinity Zoning Ordinance Index-2