USE REQUIREMENTS BY DISTRICT

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 that district in this article.
In no case shall the lot size in any district be less than the stated minimum requirements of this ordinance nor shall any use of the land not specifically permitted be allowed.

Section 601 R-A Residential-Agricultural District

The regulations of this district are intended to encourage the continuance of agricultural uses as well as to insure that residential development not having access to public water supplies and dependent upon septic tanks for sewage disposal will occur at a sufficiently lower density to provide a healthful environment.

601.1 The following uses are permitted:
 
Accessory buildings or structures, provided such shall be permitted only in a side or rear yard and shall not be less than fifteen (15) feet from any property line, and further provided, that in the case of corner lots, such buildings or structures shall be set back at least twenty-five (25) feet from any side street right-of-way line.

Cemeteries – provided that a buffer strip be provided on all property lines abutting residentially zoned land, and further provided that no grave site be located closer than forty-feet (40) feet to any property line or fifty-feet (50) to any public right-of-way.
Churches and customary related uses, provided that all accessory uses shall be at least twenty (20) feet from any property line.

Clubs and Lodges (non-profit only)

Farm-type enterprises when considered as being part of bona fide farms such as plant nurseries, commercial greenhouses, fruit or vegetable packing sheds, retail sale of products grown on premises, fish hatcheries, tobacco storage for sales, and similar commercial and processing activities, specifically excluding commercial poultry operations and hog farms.
 
Government owned buildings and facilities of the Village of Misenheimer. Unless otherwise included within the list of permitted uses of this district, these uses shall not include storage, disposal, processing, or manufacture of hazardous or toxic materials as a principle activity. In addition:

(A) These uses shall not create smoke, odor, dust, or noise, which would cause heath hazard or nuisance to surrounding property.
 
(B) All dangerous apparatus shall be enclosed by a chain link fence at least eight (8) feet in height

Greenhouses and Truck Gardens (commercial and Non-commercial)
Group Homes, provided that they are the sole residential structure on a lot of at least five (5) acres
 
Home Occupation, Customary (Refer to Article IV, Section 411)

Home Occupation, Rural (Refer to Article IV, Section 412)

Hunting Clubs (non-profit)

Manufactured Homes on Individual Lots, Class A and B(Refer to Article XIII, Section 1302.23)

Nursery Schools and Kindergartens

Nursing, Rest, or Convalescent Homes not used for the treatment of contagious diseases, alcoholics, drug addicts, or psychotics.

Public Safety Facilities such as fire and police stations, rescue headquarters, ambulance service, and civil defense centers, provided that all vehicles are stored indoors, except those of the Police Department.

Public Works and Public Utility Facilities such as transformer stations, transmission lines, pumping stations, water towers, and telephone exchanges, etc, provided that:

(A) Such facilities are essential to the service of the immediate area;

(B) No vehicles or materials shall be stored on the premises, and no offices shall be permitted;

(C) All buildings shall (except public utility cabinets) be set back at least thirty (30) feet from all property lines and shall be designed and landscaped in such a way as to blend in with surrounding area. All structures not intended for human habitation are allowed to be placed with a minimum thirty (30) foot front, fifteen (15) side, and zero rear setback as measured from the street right of way or property line;
 
(D) All dangerous apparatus shall be enclosed by a chainlink fence at least eight (8) feet in height.
 
(E) Provided that it is reviewed and approved by the Planning Board and Village Council

Recreational Uses: Community Centers, golf courses, libraries, parks playgrounds, swimming pools.
 
Schools including colleges, universities, public elementary and secondary schools, and private schools having curricula approximately the same as ordinarily given in public schools.

Single-Family Dwellings, either site-built or modular.

Two-family dwellings, either site built or modular provided that they shall be located on a corner lot, with the following restrictions:

(A) One side of the corner lot shall be located on a NCDOT state maintained road;

(B) Each front entrance shall face a separate public street;

(C) Each front entrance shall be considered a front yard for setback purposes;

(D) Total size of the parcel of land is one and one half acres per dwelling unit.

Vinyards and associated wineries

601.2 Prohibited Uses

For the purposes of the Village of Misenheimer commercial poultry operations and hog farms are not a permitted use and are prohibited in the R-A Residential Agriculture District

Section 602 R-R Rural Recreation District

The regulations of this district are intended to create low-to-medium density recreational opportunities within the Village of Misenheimer and its ETJ, while assuring protection of the nature and use of surrounding properties and general vicinity of the recreational areas.
 
602.1 The following uses shall be permitted:

Accessory buildings or structures provided such shall be permitted only in a side or rear year and shall not be less than fifteen (15) feet form any property line, and further provided, that in the case of corner lots, such buildings or structures shall be set back at least thirty (30) feet from any side street right-of-way line.
 
Bed and Breakfast establishments

Board and Rooming Houses, with a limit of four (4) rental rooms and they are within the main residence

Campgrounds

Campers and Travel Trailers

Churches and accessory excluding cemetery
 
Clubs and Lodges

Fishing Clubs

Hunting Clubs

Libraries and Museums

Public Safety Facilities such as fire and police stations, rescue headquarters, ambulance service, and civil defense centers, provided that all vehicles are stored indoors with the exception of police vehicles.

Public Works and Public Utility Facilities such as transformer stations, transmission lines, pumping stations, water towers, and telephone exchanges, etc, provided that:

(A) Such facilities are essential to the service of the immediate area;
 
(B) No vehicles or materials shall be stored on the premises, and no offices shall be permitted;

(C) All buildings shall (except public utility cabinets) be set back at least twenty (20) feet from all property lines and shall be designed and landscaped in such a way as to blend in with surrounding area. All structures not intended for human habitation are allowed to be placed with a minimum 30 foot front, zero side, and zero rear setback as measured from the street right of way or property line;

(D) All dangerous apparatus shall be enclosed by a chainlink fence at least eight (8) feet in height.
 
(E) Provided that it is reviewed and approved by the Planning Board and Village Council

Recreational Uses: Country Clubs, Golf Courses, Parks, Playgrounds, Swimming Pools, Tennis Courts

Restaurants

Saddle Clubs and Commercial Stables
 
Single-Family Dwellings, either site-built or modular (Class A manufactured homes)

Tents

602.2 Reserved

Section 603 R-S Single Family Residential District

The regulations of this district are intended to insure opportunity for primarily residential development, protected from disruptive commercial or agricultural influences; and to insure that development not having access to public water supplies or public sewage disposal will occur at sufficiently low densities to provide a healthful environment.

603.1 The following uses are permitted:

Accessory buildings or structures, with a square footage of no more than one thousand (1000) square feet, provided such shall be permitted only in a side or rear yard and shall be not less than fifteen (15) feet from any property line. Further, provided, that in the case of corner lots, such buildings or structures shall be set back at least twenty-five (25) feet from any side street right-of-way line.  These structures include home recreational facilities such as swimming pools and tennis courts.

Churches and their customary related uses, excluding cemeteries, provided that all buildings be set back at least twenty (20) feet from any property line.

Greenhouses and gardens which are incidental to the residential use and conducted on a non-commercial basis only, provided that no greenhouse heating plant shall be located within sixty (60) feet from any front property line or within thirty (30) feet of any property line.

Home Occupation, Customary (Refer to Article IV, Section 411)
 
Mobile Homes on Individual Lots of two (2) acres or more, Class A only (Refer to Article XIII, Section 1302.23)

Nursery Schools, Child Development Centers and Kindergartens provided they meet all state regulations.

Public Safety Facilities such as fire and police stations, rescue headquarters, ambulance service, and civil defense centers, provided that all vehicles are stored indoors, with the exception of Police Department Vehicles.

Public Works and Public Utility Facilities, such as transformer stations, transmission lines, pumping stations, water towers, and telephone exchanges, etc, provided that:

(A) Such facilities are essential to the service of the immediate area;

(B) No vehicles or materials shall be stored on the premises, and no offices shall be permitted;

(C) All buildings shall (except public utility cabinets) be set back at least twenty (20) feet from all property lines and shall be designed and landscaped in such a way as to blend in with surrounding area. All structures not intended for human habitation are allowed to be placed with a minimum 30 foot front, zero side, and zero rear setback as measured from the street right of way or property line;

(D) All dangerous apparatus shall be enclosed by a chain link fence at least eight (8) feet in height.
 
(E) Provided that it is reviewed and approved by the Planning Board and Village Council

Recreational Uses: Community Centers, Golf Courses, Libraries, Parks, Playgrounds, Swimming Pools and Tennis Courts.

Schools including public elementary and secondary schools, and private schools having curricula approximately the same as ordinarily given in such public schools.

Single-Family Dwellings, either site-built or modular

Section 604 R-M Multi-Family Residential District

The R-M Residential District is established as a higher density district in which the principle use of land is for single family, two family, and multi-family residences and manufactured home parks. Regulations of this district are intended to provide for persons desiring small residences, multi-family structures and manufactured home parks in relative high-density neighborhoods. Residences in this district may be placed on a property so that the average of one acre per dwelling is maintained only if  at least half of the property remains open and undeveloped. Otherwise, two acre per dwelling shall remain the requirement.

604.1 The following uses are permitted:
 
All uses permitted in the R-S Residential District as well as:

Boarding and Rooming houses provided no more than eight (8) residence rooms are for rent

Duplex apartments individual or in complexes

Multi-Family Dwellings provided they meet density requirements

Nursery Schools, Child Development Centers and Kindergartens

Manufactured home parks provided they meet the requirements below:

604.2 R-M District Residential Manufactured Home Park

The purpose of the regulations expressed herein is to guide and regulate the development of Manufactured Home Parks within The Village of Misenheimer in order to preserve the public health, safety and welfare, and to require preparation and approval of a plan whenever a Manufactured Home Park is created or expanded. Specifically, these regulations are designed to provide for an adequately planned street system; to avoid overcrowding of the land and extreme concentration of population; to secure safety from fire, panic and other dangers; to provide for adequate water and sewage systems; to insure against erosion, water and flood damage; to facilitate an orderly system for the design, layout, use of land. In order to achieve these goals the village shall not approve any Manufactured Home Park, where it has been determined through a proper investigation that such a development will include or cause excessive flooding, poor drainage, soil slippage, inadequate soil conditions or other potentially dangerous, unhealthy conditions.
 
(A) Manufactured Home Parks with site plan approval by the Planning Board and Village Council. A fee as specified by The Village of Misenheimer shall accompany each Manufactured Home Park application. This fee shall be in addition to any other applicable fees, such as the fee for a rezoning application, an improvement permit or a building permit.
 
(1) The Planning Board shall consider a site plan and application only after a completed application has been submitted to the Zoning Officer. (Note: Prior to submission of the site plan and application, and prior to any disturbance of any land or vegetation it is required that the applicant consult with the Zoning Officer in order for the applicant to be briefed on the requirements of this Ordinance and that consideration be given to natural features of the site.) Prior to the formal submission of the site plan and application, the applicant is required to submit a preliminary sketch plan for review by the Planning Department and Village Council.

The formal site plan and application shall, as a minimum, include the following items:

(a) The proposed name of the Manufactured Home Park, the names, addresses and phone number(s) of the owner(s) and the designer of the park; date, approximate north arrow, and scale, and the boundary line survey of the tract with accurate linear and angular dimensions drawn to scale by a professional surveyor or engineer.

(b)  The locations of existing and platted property lines, streets, buildings, water courses, railroads, bridges, known grave site areas, water mains, sewers, culverts, drainpipes and any utility easements, both on the land to be developed as a Manufactured Home Park within 250 feet of land immediately adjoining the proposed Manufactured Home Park.

(c) The proposed names, proposed location and approximate dimensions of proposed streets, entrances, exits, walkways, easements, recreation areas, parking areas, parks and other spaces, reservations, manufactured home spaces (with area calculations shown) and building lines (with setback distances shown). See Section 2(C)(5) for staking requirements where individual septic tanks will be used.

(d) Plans of proposed utility layouts (sewer lines, water lines, hydrants, storm drainage, etc.) showing feasible connections to existing and proposed utility systems; plans for electric lighting; and the location and number of trash dumpsters and mail boxes.

(e) Proposed screening, including walls, fences or planting areas as well as treatment of any existing natural features.

(f) Delineation of areas within the regulatory flood plain as shown on the official Flood Hazard Boundary Maps.

(g) Proposed number and location of signs including both park identification signs and space identification numbers.

(h)  Proposed phasing, if any, and approximate completion time of the project.

(i) Topographic lines at intervals of no greater than two (2) feet, unless the Zoning Officer in writing approves a greater interval.

(j)  The above items (1) through (9) shall be submitted on a plan drawn to a scale of one (1) inch equals fifty (50) feet or one (1) inch equals one hundred (100) feet on sheet(s) not exceeding twenty-four (24) inches by thirty-six (36) inches. Ten (10) complete copies of the application plus fifteen (15) copies of the scaled site plan shall be submitted. In addition, one reproducible copy shall be submitted. The Zoning Officer may require additional copies if outside agency review is deemed appropriate.

(k) A management plan describing at a minimum how the common facilities will be maintained and how the park will be maintained in accordance with Section AA of this Ordinance.

(l) Sedimentation control plan information in accordance with State regulations.

(2) All completed applications for a Manufactured Home Park shall be submitted to the Zoning Officer at least thirty (30) days prior to the Planning Board meeting. If individual septic tanks are to be used in the park, the minimum submittal period shall be increased to forty-five (45) days to allow outside agencies additional time for review prior to the meeting. The Zoning Officer shall have an opportunity at the meeting to present any written comments made by outside agencies concerning the proposed park.

(3) The Planning Board shall have a maximum of sixty (60) days from the date of the meeting to approve, conditionally approve, or deny the proposed plan. Failures to approve, conditionally approve, or deny the proposed plan within the 60 days shall constitute denial of the application, unless a written extension from the applicant is granted. Decisions of the Planning Board are subject to final approval by the Village Council, and may be appealed to the Village Council, under Village policy.

(4) When dealing with the application review process, it may be desirable to request additional information in order to evaluate the project and its relationship to the surrounding area. Therefore, the Zoning Officer, and/or Planning Board may request needed additional information as they deem necessary which the applicant should furnish within fourteen (14) days of the request, or the approval process may be delayed beyond the 60 day limit.

(5) The applicant shall address requirements of the Village Zoning Ordinance in obtaining a proper zoning for a Manufactured Home Park. The Planning Board approval of a park plan shall not constitute approval of zoning district changes. These changes shall be governed under guidelines in the Village of Misenheimer Zoning Ordinance.

(B) Standards

This section sets forth the standards required for all new Manufactured Home Parks and expansions of existing Manufactured Home Parks. Where the intent of the standards herein contained can be met by other means not specifically listed, the Planning Board may approve other methods and designs to solve unique problems associated with individual developments, on an individual basis. In no case may the Planning Board approve a design of less than the minimum standards herein contained.

(1) Occupancy

There must be at least four (4) improved manufactured home spaces at first occupancy. No manufactured home space shall be occupied, nor may a certificate of compliance be issued unless the requirements of this Ordinance have been met. The requirement of a minimum four (4) spaces at first occupancy shall apply only to the first four (4) spaces of a new Manufactured Home Park. In all other situations a Manufactured Home Park may increase in any increments.
 
(2) Minimum Park Area

All Manufactured Home Parks shall have a gross land area of at least ten (10) acres outside of any street right-of-way. Park additions shall have at least 10 acres in gross area (including old and new) for any expansions.

(3) Space Sizes and Staking
 
All manufactured homes within the park shall be located in designated manufactured home spaces. Minimum space sizes shall be as follows:

(a) Where a well and septic tank are on the same space – Thirty thousand (30,000) square feet.

(b) Where one of either public or a state regulated and monitored community water service, or public or state regulated and monitored community sewer service are provided to each space, a minimum of Twenty-five thousand (25,000) square feet shall be required.
 
(c) Where both public or state regulated and monitored community water and sewer services are provided to each space – Twenty thousand (20,000) square feet.

(d) The above space sizes are to be deemed the minimum size requirements and may be increased by the Planning Board due to requirements for placement of well and septic tank systems (such as soil conditions and separation distances), the topography of the land or other factors. The applicant shall indicate on the application the specific number of bedrooms per manufactured home for which the septic tank system should be evaluated.
 
(e) Where individual septic tanks are used, each manufactured home space shall have all corners marked during the application review and construction phase of the project.

(f) Under no circumstance shall the overall density of the park exceed one manufactured home per acre.

(4) Availability of Land for Spaces

Each manufactured home space shall be located on ground not located within the one hundred (100) year flood plain as established by maps published by the Federal Emergency Management Agency. No manufactured home shall be placed on land having excessive slope (30 degrees) or other characteristics making the land unsuitable for placement of manufactured homes. Each manufactured home space shall be graded so as to prevent any water from ponding or accumulating on the space.

(5) Space Widths

Each manufactured home space shall be at least forty (40) feet in width at the interior street right-of-way line and sixty (60) feet in width at the front yard setback line.
 
(6) Orientation
Each manufactured home shall be placed on its lot so that the front entrance faces the street which serves as it physical address.
 
(7) Setbacks
Minimum separation distances between manufactured homes within a Manufactured Home Park shall be observed. In addition, setbacks of manufactured homes from property lines and publicly maintained street right-of-way lines shall also be observed as herein required.

(a) The minimum setback for any structure within a Manufactured Home Park from a publicly maintained street right-of-way line or any property line shall be seventy-five (75) feet. Where a required screen area lies between a manufactured home space and a property line or street right-of-way line, all required setbacks shall be measured from the edge of the required screen nearest the manufactured home. In addition to these requirements a fifty (50) foot minimum front setback from any interior street right-of-way line shall be observed.

(b) All manufactured homes within a Manufactured Home Park shall be located no closer than fifty (50) feet from each other.

(8) Location of Accessory Structures and Common Structures

(a) Accessory structures belonging to a particular manufactured home shall be located only on the lot containing that manufactured home. All such structures shall be (1) residential in character; (2) located only in the side or rear yards; (3) no closer than (10) feet from the Manufactured home space boundary and no closer than ten (20) feet from any Manufactured home on another space within the park. However, for detached carports having a capacity not exceeding two (2) car spaces, the only requirements shall be that such structures observe the same front yard setback as required for the Manufactured home and that such structures be located no closer than ten (10) feet from any property line.
 
(b) Accessory structures of benefit to all residents of the Manufactured Home Park shall be permitted within the park. Said structures (i.e., community pools, laundry facilities, game rooms, club houses, etc.) shall be located at least thirty (30) feet from any interior street line and fifty (50) feet from any manufactured home located within the park. Outdoor vending machines and public phones may be located in the Manufactured Home Park. All vending machines and public phones must be located indoors or, if outdoors, under a covered surface adjacent to a common building (i.e., administrative office) or facility (i.e., community pool). Vending machines or phones of any type on individual Manufactured home spaces shall be prohibited. No retail establishments (other than customary home occupations) may be allowed within the Manufactured Home Park.

(9) Manufactured Home Standards
 
No manufactured home shall be placed in a Manufactured Home Park unless it is a Class A or Class B Manufactured Home. In addition, no Class C nor Class D Manufactured Home shall be placed within any Manufactured Home Park as of the adoption of this ordinance. This prohibition shall also apply to moving an existing Class C or Class D Manufactured Home from one location to another within Village jurisdiction.
 
(10) Stand, Underpinning and Tiedown

The location of each manufactured home stand must be at an elevation, distance and angle in relation to the adjacent access drive so that placement and removal of the manufactured home is practical by means of customary moving equipment. All manufactured homes shall have continuous brick, cinder block, concrete block, stucco, stone, or other masonry-type underpinning, unpierced except for required ventilation and an access door. Such underpinning shall be installed under all elements of the manufactured home. Each manufactured home in the park shall conform to North Carolina Department of Insurance Standards for tie-down requirements.
 
(11) Steps and Patios
 
All manufactured homes within the park shall have steps that comply with the NC Building Codes. All manufactured home spaces shall contain a patio. The patio shall be constructed of four (4) inch thick concrete and shall be at least fifty (50) square feet in area and shall be located at the front entrance to each manufactured home. In lieu of a patio, a deck that is at least fifty (50) square feet may be permitted.
 
(12) Space Numbers

Each manufactured home space shall have a space number assigned by the County E-911 Department. Such space number shall use numerals at least four (4) inches in height and shall be of a color that contrasts with the background material on which it is placed. The numerals shall be placed on the side of the manufactured home which lies in closest proximity to the manufactured home space's point of ingress and egress with the interior road.
 
(13) Public Road Frontage
 
All Manufactured Home Parks shall abut and have at least fifty (50) feet of frontage on a road maintained by NC DOT. Alternatively, a Manufactured Home Park may be developed on a lot that was recorded at the effective date of this Ordinance which does not abut a NC DOT-maintained street, provided that the park is given access to a NC DOT-maintained street by an easement, at least fifty (50) feet in width, for the exclusive use of persons traveling to and from the Manufactured Home Park. Such easement shall be maintained in a condition passable for automobiles, service, and emergency vehicles. This easement may not be extended to provide access to any other lots not having frontage on a NC DOT-maintained street. Said easement shall be paved to a minimum width of twenty (20) feet and shall be maintained by the manufactured home park owner in the same manner as any other interior road within the Manufactured Home Park.
 
(14) Ingress and Egress
 
The number of points of ingress and egress onto a public road in a Manufactured Home Park shall be as follows:

Number of Manufactured Home Spaces	Points of Ingress and Egress
Less than 25	1
25 – 50	2
51 – 75	3
76 – 100	4
over 100	requires a plan pre-approved by village council

 

No two points of ingress and egress onto a public road shall be closer than two hundred fifty (250) feet as measured from their nearest right-of-way.
 
(15) Park Identification Signs

All Manufactured Home Parks shall have one ground-mounted park identification sign at each point of ingress and egress on a public road,. Such signs shall not exceed 32 square feet in sign face area nor be greater than 6 feet in height. Each Manufactured Home Park shall be named, and the name of the park shall be shown on the identification sign. The sign shall show the park name in letters at least five (5) inches in height and the address in numerals at least five (5) inches in height. All signs shall conform to the Village Sign Ordinance and the Village Outdoor Lighting Ordinance

(16) Interior Streets, Drainage, and Markings

No structure within a Manufactured Home Park shall have direct access to a public street. Access to all manufactured homes and accessory structures within the Manufactured Home Park shall be made using internal two-way streets. All internal streets within a Manufactured Home Park shall be privately owned and maintained. All such streets shall be constructed to minimum NC DOT subdivision road standards. Two-way streets shall be paved to a minimum width of twenty (20) feet located within a thirty (30) foot right-of-way. Such area shall be used for street maintenance, underground utility and drainage purposes. The developer may be required to increase the width of said area to properly accommodate the slope and natural terrain of the area. If curb and gutter is provided, a right-of-way width of less than specified above may be approved.
 
Permanent street names shall be assigned to all internal streets. Permanent street name signs shall also be installed at street intersections within the park. All streets shall be named and all street signs shall be in accordance with the Stanly County ROAD NAME AND ADDRESS DISPLAY ORDINANCE (adopted January 20, 1981, as amended). Upon completion of the construction site, the Planning Department will install these signs following the developer submitting any related fees for such signs as specified on the county fee schedule. It shall be the developerís responsibility to maintain these signs including the cost of replacement by the County. The developer will be responsible for advising tenants of the property address assignments for respective manufactured home spaces and instructing them in the purpose of these addresses.

Permanent traffic control signs shall be installed within the park. Such signs shall include, as a minimum the following:

(a) Stop sign(s) where park streets access public roads;
 
(b) Four-way Stop sign(s) are required at the intersections of interior streets;

Roads in Manufactured Home Parks must be designed and graded in such a manner as to allow for the adequate runoff of storm water from interior streets and other surface areas within the Manufactured Home Park.
 
Speed reduction bumps on paved internal streets are permissible, but they shall be painted and appropriate signs indicating the bump must be placed along the street.
All dead-end internal streets that provide access to two (2) or more manufactured home spaces shall be provided with a permanent turnaround. All such turnarounds shall have a minimum paved surface diameter of seventy (70) feet.
 

Streets and roads within the Manufactured Home Park shall intersect as nearly as possible at right angles, and no street shall intersect at an angle of less than seventy (70) degrees. Where streets intersect with a State maintained road, the design standards of NC DOT shall apply.

Maintenance of all internal streets, signage, and all drainage facilities shall be the responsibility of the owner of the Manufactured Home Park. Such street shall be maintained in a manner to be free from pot holes, breaks in the pavement, rough surfaces, ponding of water during rainy periods, excessive washing of drainage ditches, and other associated problems which would impede or cause hazards to motor vehicles.

Street jogs ("T" intersections with a street or road, on opposite sides of said road) of less than one hundred twenty five (125) feet within and abutting the Manufactured Home Park shall be prohibited.

(17) Parking

At least three (3) off-street parking spaces with not less than four (4) inches of crushed stone or other suitable material (such as concrete, asphalt paving or bituminous surface treatment (BST) paving) on a well compacted sub-base shall be provided for each manufactured home space. Required parking spaces may be located in the required front or side yards of the manufactured home space. Parking spaces shall be located outside the roadway, shoulder, or drainage ditches. One or more separate common visitor parking areas may be designated within any Manufactured Home Park. Such areas shall be separate from any manufactured home space, roadway, drainage facility, buffer or required open space and recreation areas.
 
Utility lots designated for the storage of the residents’ unoccupied campers or boats may be located within the Manufactured Home Park in designated areas. No vacant manufactured homes shall be stored on said lot(s). All such lots shall be screened from all manufactured home spaces within the park with a minimum buffer strip as shown in Section 1302.
 
(18) Trash Facilities

Each manufactured home lot in a shall be provided with a trash receptacle that meets the requirements of the Village of Misenheimer solid waste disposal service.

(19) Lighting
 
Manufactured Home Parks which contain over five (5) manufactured home spaces or contain more than one internal street shall contain street lights throughout the Manufactured Home Park. Such lights shall be located at all internal street intersections, at the intersection of any internal street and a public street and elsewhere in the park at a maximum of three hundred (300) feet intervals. Said lighting shall be directed so as to cast light downward and not skyward.

(20) Electric, Telephone and Cable Television Utilities

Each manufactured home space shall have individual electric and telephone service connections provided.
 
All electric, telephone, and cable television, and other utility lines shall be placed underground unless unsuitable underground conditions (i. e., rock, swamp, etc.) exist. In such cases, above-ground utility lines may be provided, upon approval of the Village of Misenheimer Village Council, or its designee.
 
Each manufactured home must have an individual metered connection to an electric supply and must have an approved fuse disconnect box at the metered location. All wires from the meter to the manufactured home must be buried underground cable in conformance with the North Carolina Electrical Code. Each meter box shall be properly and distinctly identified with either paint or indelible ink.
 
(21) Mailboxes

Spaces for mailboxes within the Manufactured Home Park shall be provided in accordance with United States Postal Services Standards. At least one (1) mailbox per manufactured home space shall be provided. Where twenty (20) or more mailboxes are provided in one centralized location, the owner of the Manufactured Home Park shall provide at least two (2) parking spaces in the vicinity of the mailboxes specifically designated for persons using the mailbox area.
 
(22) Administrative Office

One manufactured home may be used solely as an administrative office within the park or an administrative office may be located in a manufactured home that is used as a residence by the resident manager. An administrative office is not required.

(23) Water Service

An accessible, adequate, safe and potable supply of water shall be provided in each Manufactured Home Park and to each manufactured home therein.
Adequate water supply shall be developed and its supply used exclusively, in accordance with the standards of the State of North Carolina and the Stanly County Health Department. Any water supply must be capable of providing three hundred (300) gallons of water per day per manufactured home space.
 
Each space shall be provided a minimum three-fourths (3/4)-inch size water service line that complies with the NC Building Codes.

(24) Sewage Facilities

Adequate and safe sewage disposal facilities shall be provided in all Manufactured Home Parks. Collection systems and sewage treatment plants complying with the requirements of the North Carolina Department of Health and Environment and the County Health Department shall be provided. Individual septic tank systems are permissible in accordance with the requirement of the County Health Department's Sewage Disposal Regulations. There shall be no more than one (1) manufactured home connected to an individual septic tank, unless permitted by the Stanly County Health Department.

Each manufactured home space shall be provided with at least a three (3) inch PVC or ABS, Schedule 40 or equivalent sewer riser.

 
The sewer riser pipe shall be located on each space so that the sewer connection is located a distance of at least one hundred (100) feet or greater from any ground water supply.

All material used for sewer connections shall be semi-rigid, corrosion resistant, nonabsorbent, and durable. The inner surface shall be smooth.
 
A clean-out shall be provided at each space. Surface drainage shall be diverted away from the sewer connection. The sewer connection shall extend at least four (4) inches above ground elevation.
 
Community sewage disposal systems (commonly referred to as package plants), as permitted by the State of North Carolina, shall be an acceptable method of disposal of residential sewage for Manufactured Home Parks within the jurisdiction of this Ordinance, provided it is not visible from homes or roadways inside or outside of the mobile home park (i.e., hidden by a tree line, hedge line or opaque fencing, or other suitable, council approved, means). The following information must be submitted when a sewage package plant is proposed.
 
The developer shall indicate on the plans that a sewage package plant is being proposed for the Manufactured Home Park, and show on the preliminary plan the following: 
 
(a) Size and location of the package treatment plant.

(b) All proposed sewer lines, including:
-location and line size of gravity lines
-locan and line size of force mains
-location and size of pump stations
 
(c) Location of discharge point into surface water stream.

(d) All associated easements and rights-of-way.
 
(e) A plan for required visual barrier(s)

The developer shall provide a copy of the State Permit Application to the Zoning Officer and the County Health Department at the time of application.

The developer shall submit, at the time the application for a permit is submitted to the State, the following information:
 
(a) Name of owner and licensed operator of the plant and name of the licensed firm that will operate the package plant, if different from the owner.

(b) Amount of liability insurance required for operation of the system.
 
(c) Name of owner and responsible party for the package plant.

(d) Other pertinent information.
 
The developer shall submit the following, upon completion:

(a) A set of as-built plans and drawings certified by the project engineer for the package treatment plant and all sewer lines, pump stations and other devices used in the sewer system.

(b) Operation and maintenance agreements for:           -the package treatment plant            -the sewer lines and other devices which are a part           of the sewer system

(c) Copy of the executed and notarized agreement(s) for the ownership and maintenance of the package plant and sewer lines.
   
(d) Copy of insurance liability riders, required by the State, pertaining to the operation of the package plant.

(e) Copy of the approved State Permit, along with any and all conditions set forth in the operating permit.

(f) Copies of other agreements and information for plans pertaining to the maintenance and operation of the sewer system.

 

(25) Screening

All Manufactured Home Parks shall be screened from all adjoining properties and public streets. Such screening shall be located within the Manufactured Home Park and shall materially screen all structures within the Manufactured Home Park from all adjacent properties and public streets. All manufactured home setbacks shall be measured from the edge of the buffer strip area nearest the manufactured home, except when a screen indicated in Section 1302 is used. When such a buffer strip is used, the width of said buffer strip may be included within the required setback area. All required buffer strip areas shall contain either option listed in Section 1302.
 
Required screening shall be installed and maintained in conformance with the standards set forth in Section 1302 of the Village Zoning Ordinance. If a wall, fence or planted berm is used as a supplement to the required screening, it shall be installed in accordance with Section 1302 of the Village Zoning Ordinance.

(26) Interior Landscaping

Landscaping inside the Manufactured Home Park shall be provided at locations within the park as follows:

At least one large or small tree shall be planted and maintained on each manufactured home space within the Manufactured Home Park.

(27) Open Space Areas

Open space areas are required as follows in order for parks to meet required densities:

 None of the following may be counted as an open space area:

(a) Any portion of a manufactured home space;

(b) Any parking areas or any area used as a utility lot as set forth in Section 604.2(B)(17);

(c) Any area designated for street purposes, except that traffic medians and islands designated as special landscape areas may be counted as open space areas; (Refer to Open Space Areas below);
 
(d) Any land occupied by a building, swimming pool, tennis court or other structure;
 
(e) Any minimum screen area required by Section X;
 
(f) Any area designated for common trash facilities;

(g) Drainage ditches, structures or facilities.

Open space areas may consist of one or more of the following:
 
(a) Screen areas in addition to any minimum screen areas required in this ordinance;

(b) Natural wooded areas;
 
(c) Open fields or lawns that are not individual home’s yards;

(d) Community garden plots, but not garden plots belonging to individual homes;

(e) Special landscaped areas containing plant material such as traffic islands, medians and flower gardens that are outside street right of ways;
 
(f) Ponds or perennial streams (the aggregate area of which within any Manufactured Home Park may constitute up to fifty (50) percent of the required open space).
 
Open space areas shall be well-maintained by the park owner to prevent the overgrowth of plant material and or other conditions which could create unsafe or unhealthy conditions for park residents or adjoining property owners.
 
 The designated open space area within a Manufactured Home Park may consist of a single area or multiple areas. Except as provided in (e) above, any required open space shall consist of a contiguous area of at least two thousand (2,000) square feet.
 
(28) Maintenance
 
The grounds of a Manufactured Home Park shall be kept free of trash, litter, debris, noxious weeds, open sewage or other unhealthy matter. Any septic tanks that fail shall be immediately repaired or replaced by the Manufactured Home Park owner. Grounds, buildings and storage areas shall be properly maintained. The Manufactured Home Park owner or operator shall take all necessary steps to prevent infestation by rodents, vermin and insects. All grounds shall have proper drainage to prevent the accumulation of water. It shall be the responsibility of the Manufactured Home Park owner or operator to maintain the Manufactured Home Park in accordance with these standards at all times.

(29) Operating Permits

When the developer has completed the construction of the entire park or any phase, he shall make application to Zoning Officer for an Operating Permit Inspection. Any variance from the approved plan shall be noted. The Zoning Officer and representatives of any consulting agencies shall make an on-site inspection to verify the proper installation of the improvements.
 
(a) If the construction conforms to the approved park plan, the Zoning Officer shall issue the developer an Operating Permit.

(b) If the construction does not conform to the approved plan, the Zoning Officer shall delay issuance of the Operating Permit until it comes into conformity. The Zoning Officer shall inform the developer in writing of deficiencies in the construction and advise as to actions needed to be in compliance with the approved plan.

The Operating Permit issued to the developer shall constitute authority to lease or rent spaces in the Manufactured Home Park.

 
When a Manufactured Home Park is to be developed in stages, the proposed park plan may be submitted for the entire development, and application for Operating Permits may be made for each stage of development upon completion.

The County Health Department, Zoning Officer, and/or other County Or Village personnel designated by the Village of Misenheimer Village Council are hereby authorized, and directed to make such inspections as are necessary to determine satisfactory compliance with this Ordinance. It shall be the duty of the owners or occupants of the Manufactured Home Park to give these agencies free access to such premises at reasonable times for the purpose of inspection.

(30) Enforcement and Appeals

(a) Enforcement of this section shall be regulated through ARTICLE IX of the Village of Misenheimer Zoning Ordinance.

(b) A decision of the Planning Board under this section may be appealed to the Village of Misenheimer Village Council.

(31) Variances

The Planning Board may grant variances only when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the Planning Board shall make the findings required below, taking into account the nature of the proposed Manufactured Home Park, the existing use of land in the vicinity, the number of persons to reside in the proposed Manufactured Home Park and the probable effect of the proposed Manufactured Home Park upon traffic conditions in the vicinity. No variance shall be granted unless the Planning Board finds:

(a) That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land.

(b) That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
 
(c) That the circumstances giving rise to the need for the variance are peculiar to the parcel and are not generally characteristic of other parcels in the jurisdiction of this ordinance.
 
(d) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.

A decision of the Planning Board under this Section may be appealed to the Village Council.

(32) Interpretation of Terms and Words; Definitions

(a) Words 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.
 
(c) The word “shall” is always mandatory and not merely directory.
 
(d) Any word denoting gender includes the female and the male.
 
(e) The term “Village Council” shall mean the “Village Council of The Village of Misenheimer, North Carolina”.

(f) The term “Planning Board” shall mean the “Planning Board of The Village of Misenheimer, North Carolina”.

(g) The term “Zoning Officer” shall mean a duly appointed representative of the Village of Misenheimer, North Carolina as designated by the Village Council.
 
(h) The term “NC DOT” shall mean the “North Carolina Department of Transportation”.

(i) The term “Health Department” shall mean the “Stanly County Health Department”.
 
(j) The Term “Street” shall mean “Road”.
 
(k) The term “Private Road” shall mean any right-of-way having a width of twenty (20) feet for two-way traffic or greater for purposes of motor vehicle travel which has not been accepted for maintenance or ownership purposes by a public entity.

(l) The term “Street gravel” shall mean three inches of crushed stone or other suitable material on a well compacted sub-base to a continuous width of 20 feet, exclusive of required parking spaces or drainage ditches.

Section 605 I-U Institutional Use District

The regulations of this district are intended to provide for institutional uses such as secondary schools, colleges (universities) assisted living communities, in such a way as to blend such uses harmoniously with those in abutting areas.

605.1 The following uses are permitted;
 
Assisted Living Communities

Automobile parking lots

Automobile washing establishments

Bakeries, where the products are sold exclusively at retail on the premises.
 
Banks and other financial institutions including loan and finance companies.

Barber and beauty shops

Bicycle sales and repair shops

Bookstores

Child development centers and kindergartens

Churches and their related uses, except cemeteries

Clubs, lodges, social, civic and other similar non-profit organizations.

Coffee shops

Colleges and Universities, including auxiliary structures such as gymnasiums,
dormitories, stadiums, cafeterias, etc.

Convenience Store

Dairy bars and ice cream manufacturing for retail sales on the premises only.
 
Dry cleaning and laundry pick-up stations provided chemical processing of clothes is done at another properly zoned site

Floral and gift shops, but excluding commercial greenhouses.

Food stores, retail only, but excluding the killing or dressing of any flesh or fowl, provided that they do not exceed ten (10) thousand square feet of total floor space.

Funeral homes and mortuaries
 
Group Homes

Health clubs, reducing salons, exercise centers

Hospitals

Launderettes and Laundromats

Libraries, museums and art galleries
 
Medical and dental clinics and laboratories

Multi-family housing, provided that:

(A) No building stands more than two stories high,

(B)There are no more than eight (8) dwellings per building,

(C) Each dwelling has a minimum of a thousand square feet,

(D) The property where the building is located includes a minimum of one half acre per dwelling that is to be attractively maintained by the property owner.
 
(E) Open space areas shall be well-maintained by the property owner to prevent the overgrowth of plant material and or other conditions which could create unsafe, unsightly, unhealthy, or nuisance conditions for residents or adjoining property owners

Nursing Homes

Offices, business, professional and public
 
Parks

Public Safety Facilities such as fire and police stations rescue squad headquarters and civil defense centers, provided that all vehicles, except police vehicles, are stored indoors.
 
Public Works and Public Utility Facilities such as transformer stations, transmission lines, pumping stations, water towers, and telephone exchanges, etc, provided that:

(A) Such facilities are essential to the service of the immediate area;

(B) No vehicles or materials shall be stored on the premises, and no offices shall be permitted;

(C) All buildings shall (except public utility cabinets) be set back at least thirty (30) feet from all property lines and shall be designed and landscaped in such a way as to blend in with surrounding area. All structures not intended for human habitation are allowed to be placed with a minimum 30 foot front, 30 foot side, and 30 foot rear setback as measured from the street right of way or property line

(D) All dangerous apparatus shall be enclosed by a chainlink fence at least eight (8) feet in height.

Recreation facilities, provided that such do not exude smoke, odor, dust, noise, light or other, which would cause health hazard or nuisance to surrounding property

Restaurants, excluding drive-in or drive-through restaurants

Retail establishments such as department, clothing, fabric, shoe, variety, notion, drug, hardware, furniture, appliance, floor covering, paint, antique, art goods, jewelry, gift, music, toy, sporting goods, book and stationery, magazine, candy, tobacco, pet and hobby and craft stores, provided they do not exceed ten (10) thousand square feet of total floor space

Schools, elementary and secondary

Single-family homes

Taxicab stands
 
Theaters, housed in a permanent indoor structure

Section 606 H-B Highway Business District

This commercial district is designed to serve the special needs of the traveling public, provide space for indoor and outdoor recreation and other limited commercial activities requiring large lots. They are located at intersections of, or along, major highways traversing the area in order to prevent spot or strip zones and resultant disruption to traffic patterns and residential areas along the highways.
 
606.1 The following uses are permitted:

Accessory uses and structures when located on the same lot as the principle structures, however, all open storage of items for sale and display lots must have a Buffer Strip as provided in Article XIII, Section 1302.7, on any side or rear lot line which abuts a residential district.
 
Alcoholic beverages, packaged, retail sales

Animal Hospital, provided there are no open kennels

Assembly halls, coliseums, ballrooms, and similar structures

Automobile parking lots

Automobile parts and supplies, new

Automobile/Truck Rental
 
Automobile washing establishments

Bakeries, where the products are sold exclusively at retail on the premises.

Banks
 
Barber and beauty shops

Boat works, sales, and display lots

Churches and related uses except cemeteries
 
Clubs and lodges
 
Convenience Store

Curio and souvenir shops

Dairy bars

Flea Markets, indoor only

Fruit stands and grocery stores housed in reasonably permanent structures

Government owned buildings, facilities, and institutions. Unless otherwise included
within the list of permitted or special uses of this district, these uses shall not include storage, disposal, processing, or manufacture of hazardous or toxic materials as a principle activity.

Greenhouses and horticultural nurseries

Lumber yards, building materials storage and sales, including open storage when fenced.

Motels and motor lodges
 
Motel Supplies Sales and Display
 
Offices, business, professional and public
 
Public Safety facilities

Public Works and Public Utility facilities

Radio and TV repair shops, electric shops
 
Recreational facilities operated on a commercial basis, both indoors and outdoors, provided all outdoor activities must have a buffer strip as provided in Article XIII, Section 1302.7, on any side or rear lot line which abuts a residential district. These uses shall not create smoke, odor, dust, or noise, which would cause heath hazard or nuisance to surrounding property.

Restaurants

Retail Sales and businesses and professional, financial and personal services, provided that total floor space of a retail establishment shall not exceed twenty (20) thousand square feet.

Service Stations, including minor repair service conducted indoors only.

Storage Garage – enclosed, rental

Theaters, drive-in, subject to the following stipulations:

(A) No part of any theater screen, projection booth, or other building shall be located closer than five-hundred (500) feet to any residential district or closer than fifty (50) feet to any property line or public right-of-way; and no parking space shall be located closer than one-hundred (100) feet to any residential district.

 
(B) The theater screen shall not face a major street or highway, and reservoir parking space off the street shall be provided for patrons awaiting admission in an amount of not less than thirty percent (30%) of the vehicular capacity of the theater.

Theaters housed in a permanent indoor structure, whether for movies or live performances

Section 607 C-B Central Business District

The regulations of this district are intended to permit the convenient performance of functions requiring a location near the transportation and population center of a trade area and to provide municipalities with a compact and efficient retail shopping, consumer services, financial and governmental center.

607.1 The following uses are permitted:

Accessory uses and structures when located on the same lot as the principal structures, excluding, however, open storage.
 
Alcoholic beverages, packaged, retail sales.

Antique stores

Automobile parking lots and structures

Automobile parts and supplies, new

Automobile rental
 
Bakeries where the products are sold exclusively on the retail on the premises.
 
Banks and other financial institutions, including loan and finance companies.
 
Barber and beauty shops

Bicycle sales and repair shops

Bus stations

Business colleges, barber and beauty colleges, art schools, music and dance studios, and similar uses, but excluding industrial trade schools.
 
Churches and their customary related uses, except cemeteries.

Clubs and lodges

Convenience Store
 
Dairy bars and ice cream manufacturing for retail sales on the premises only.

Dry cleaning and laundry pickup stations and dry cleaning plants, having less than two-thousand (2,000) square feet of floor space, provided the emission of steam and other obnoxious by products is controlled.
 
Dwellings in buildings actively used for business provided they are on floors above the first floor (street level) and there are no more than two residences per business at least one of which is occupied by the business operator

Floral shops, but not commercial greenhouses.
 
Food stores and meat markets, retail only, but excluding the killing or dressing of flesh or fowl.

Furriers and fur storage

Hotels, inns, and motels

Jewelry repair

Libraries, museums, and art galleries
 
Locksmiths and gunsmiths
 
Medical and dental clinics and laboratories
 
Newspaper offices and printing plants incidental to such offices.
 
Offices, business, professional and public

Office supplies and equipment, sales and services

One and two family accessory residential units subject to the following conditions:

(A)  No more than two (2) accessory dwelling units per building or business;

(B) Shall be located on the second floor or above;

(C) Shall comply with all applicable fire and building standards;
 
(D) Must own or operate a principle business within two hundred (200) feet of the residence

Opticians and optical goods stores

Parks, excluding recreational playing fields or other extensive outdoor recreational uses.
 
Photographic studios and camera supply stores

Physical culture and reducing salons

Printing, publishing, and reproducing establishments

Public Safety facilities such as fire and police stations, rescue headquarters, ambulance
service, and civil defense centers, provided that all vehicles are stored indoors.
 
Public Works and Public Utility Facilities such as transformer stations, transmission lines, pumping stations, water towers, and telephone exchanges, etc, provided that:

(A) Such facilities are essential to the service of the immediate area;

(B) No vehicles or materials shall be stored on the premises, and no offices shall be permitted;

(C) All buildings shall (except public utility cabinets) be set back at least thirty (30) feet from all property lines and shall be designed and landscaped in such a way as to blend in with surrounding area. All structures not intended for human habitation are allowed to be placed with a minimum 30 foot front, fifteen (15) foot side, and fifteen (15) foot rear setback as measured from the street right of way or property line;
 
(D) All dangerous apparatus shall be enclosed by a chainlink fence at least eight (8) feet in height.

Radio and TV repair shops, electric shops

Recreational facilities – indoor

Restaurants, but not drive-in or drive-through restaurants

Retail establishments such as department, clothing, fabric, shoe, variety, notion, drug, hardware, furniture, appliance, floor covering, paint, antique, art goods, jewelry, gift, music, toy, sporting goods, book and stationery, magazine, candy, tobacco, pet and hobby and craft stores.

Second-hand stores, pawn shops

Shoe repair and shine shops
.
Tailoring, dressmaking and millinery shops

Taxicab stands

Telephone and Telegraph offices

Theaters housed in a permanent indoor structure

Section 608 G-B General Business District

These commercial districts are generally located on the fringe of highways leading out of urban commercial areas. They dispense retail goods and services to the community and provide space for wholesaling and warehousing activities.
 
608.1 The following uses are permitted:

Accessory uses and structures, including open storage, provided the areas devoted to open storage are enclosed by a fence not less than eight (8) feet in height and providing a Buffer Strip in accordance with Article XIII, Section 1302.7 on all sides abutting residentially zoned properties.

All uses permitted in the C-B Central Business District except as excluded under the provisions of this section.
 
Animal Hospitals, provided there shall be no open kennels

Antique stores

Assembly halls, coliseums, ballrooms and similar structures
 
Auction Houses
 
Automobile washing establishments

Bottling works

Building materials and equipment sales, providing total square

Cabinet, woodworking and upholstery shops
 
Churches and related uses except cemeteries

Dairy products processing and distributing facilities

Dry cleaning and laundry plants
 
Electrical supplies and equipment, sales and service

Farm machinery assembly, sales and repairs

Feed and seed stores

Flea Markets

Freezer lockers and ice plants

Funeral homes and mortuaries

Glass and mirror shops, venetian blind and awning shops, tile companies, and similar building specialty outlets.
 
Government owned buildings, facilities, and institutions. Unless otherwise included within the list of permitted or special uses of this district, these uses shall not include storage, disposal, processing, or manufacture of hazardous or toxic materials as a principle activity.
 
Greenhouses and horticultural nurseries

Industrial supplies and equipment, sales and service

Industrial trade schools, research laboratories
 
Launderettes and Laundromats
 
Motorcycle, lawnmower, and power saw sales and service

Plumbing and heating supply houses

Public works and public utility facilities, including service and storage yards.

Radio and TV stations

Railroad stations and yards

Recreation equipment sales and display lots

Recreational facilities operated on a commercial basis, both indoors and outdoors, but excluding race tracks of any type; provided all outdoor activities must have a buffer strip as provided in Article XIII, Section 1302.7, on any side or rear lot line which abuts a residential district. These uses shall not create smoke, odor, dust, or noise, which would cause heath hazard or nuisance to surrounding property.

Restaurants, including drive-in restaurants (but not drive-through restaurants), provided such drive-in restaurants are fenced on all sides which abut residential districts. Such fences shall be solid from the ground to a height of six (6) feet.
 
Sheet metal, roofing, plumbing, heating and refrigeration shops.
 
Sign painting and fabricating shops

Storage Garage, enclosed rental

Vending companies

Section 609 M-1 Light Manufacturing District

The M-1 Light Manufacturing District is designed to accommodate industries and warehousing operations which can be operated in a clean and quiet manner and which will not be obnoxious to adjacent residential and business districts.
 
609.1 The following uses are permitted:

Animal Hospitals (excluding large animals except for office visits)

Automobile parking lots and structures

Automobile repair garages (excluding open storage of more than five (5) dismantled, wrecked, inoperable or unlicensed motor vehicles on any single parcel of property)
 
Bakeries and other establishments manufacturing prepared food products for wholesale distribution but not including meatpacking or other noxious enterprises.
 
Bicycle manufacturing, service and sales
 
Boat works and sales, and storage

Bottling works
 
Building materials and equipment sales, including open storage when fenced by a wooden fence of at least eight (8) feet in height fence or other visual screening.

Cabinet, woodworking and upholstery shops

Churches and related uses except cemeteries

Clothing and textile manufacturing

Contractors’ offices and storage yards, provided open storage is enclosed by a wooden fence of at least eight (8) feet in height or other appropriate visual screening.
 
Customary accessory uses and structures including open storage, provided the area devoted to open storage is enclosed by a fence at least eight (8) feet in height, and visually screened from adjoining residential uses.

Dairy products processing and distributing facilities including dairy bars.

Dry cleaning and laundry plants

Electrical appliances and electronic equipment manufacturing, sales, service and assembly

Electrical supplies and equipment, sales and service

Feed and Seed stores

Furniture manufacturing
 
Glass and mirror shops, venetian blind and awning shops, tile companies, and similar building specialty outlets.

Government owned buildings, facilities, and institutions. Unless otherwise included within the list of permitted or special uses of this district, these uses shall not include storage, disposal, processing, or manufacture of hazardous or toxic materials as a principle activity

Greenhouses and horticultural nurseries
 
Ice and cold storage plants, freezer lockers

Indoor Shooting Ranges and related sales provided that:

(A) An architect is employed to design and supervise building construction.
 
(B) Must have U. L. approval

(C) Must meet safety standards as shown in the model code in Stanly County case file ZA 91-3 Bill

Industrial supplies and equipment, sales and service

Lumber yards, building materials storage and sales, including open storage when fenced.

Machine and welding shops provided that they are conducted in a structure, which is enclosed except for movable doors
 
Machine tool manufactures provided that they are conducted in a structure, which is enclosed except for movable doors

Metal fabrication plants provided that they are conducted in a structure, which is enclosed except for movable doors and the property is appropriately buffered in order to protect the desirability of adjoining and or surrounding property provided such do not exude smoke, odor, dust, or noise which would cause health hazard or nuisance to surrounding property.
 
Monument works and sales

Pharmaceutical manufacturing and distributing.

Plumbing and heating supply houses, including open storage when fenced with opaque fencing.
 
Precision instrument manufacturing

Public Safety facilities, subject to the conditions listed under Subsection 609.1 of Section 609.
 
Public Works and Public Utility facilities subject to the conditions listed under Subsection 609.1 of Section 609.

Railroad stations and yards, including rail spurs

Sheet metal, roofing, plumbing, heating, and refrigeration shops provided that they are conducted in a structure, which is enclosed except for movable doors provided such do not exude smoke, odor, dust, or noise which would cause health hazard or nuisance to surrounding property.
 
Sign painting and fabricating shops provided such do not exude smoke, odor, dust, or noise which would cause health hazard or nuisance to surrounding property.

Tire recapping shops provided that they are conducted in a structure, which is enclosed except for movable doors provided such do not exude smoke, odor, dust, or noise which would cause health hazard or nuisance to surrounding property.

Trucking terminals, transfer companies provided such do not exude smoke, odor, dust, or noise which would cause health hazard or nuisance to surrounding property.
Vending companies

Warehousing and wholesale distribution facilities for retail goods.

Wholesale storage of gasoline and oil products, including bottled gas and oxygen.

Wholesale and warehousing establishments, except for the storage of dangerous or offensive items such as uncured hides and explosives.

Section 610 H-O Highway Overlay District

The Highway Overlay District is intended to protect and preserve the natural scenic beauty along designated major access corridors and specified principal arterials which are located now or will be constructed within this Overlay District. Maintaining the attractiveness of these roadway corridors will enhance the economic value of the community by encouraging tourism and trade. This Overlay District is established also for the purpose of:

(A) Protecting the public investment in and lengthening the time during which highways can continue to serve their functions without expansion or relocation by expediting the free flow of traffic and reducing the hazards arising from unnecessary points of ingress and egress and cluttered roadside development;

(B) Reducing the cost of future highway expansions by requiring the buildings and structures be sufficiently set back from the right-of-way to provide adequate storage for vehicles until they can safely enter the highway;

(C) Reserving adequate roadside space through which neighborhood traffic may be admitted to and from the highway system in a manner that avoids undue traffic concentrations, sudden turnings and stopping and other hazards; and

(D) Achieving a pleasing appearance along a roadway that blends with surrounding environs of the village.

(1) Approval

A major site plan shall be required per Section 710 of this ordinance unless noted below:

(a) Interior improvements, renovations, replacement or repairs to existing structures or buildings which do not expand the existing use.

(b) Change in use that does not require an expansion or addition

(c) No new driveway connections are made.

(2) Permitted uses
 
All permitted uses that are allowed in the underlying zoning district are allowed in the Highway Overlay District with the same conditions and approval process required.
 
(3) Prohibited Uses

The following uses are prohibited even if permitted or allowed in the underlying zoning district.

(a) Advertising signs, billboards or off-premise signs.

(b) Flashing light signs.

(4) Yard Requirements

Front yard setback shall be 75 feet from the front property line unless the underlying zoning district requires greater in which the greater shall apply.
 
(5) Signs

Signs in this overlay district shall be limited to the following unless the underlying zoning district restricts in which the more stringent regulation shall apply. Furthermore, no sign may be erected without approval and a permit issued by the Village Council.

(a) Maximum height – 15 feet.
 
(b) Maximum area – 32 square feet.
 
(c) Maximum number of signs shall be one freestanding sign per lot.
 
(d) Set back at least 30 feet from the front and twenty (20) feet from the side and rear property lines.

(6) Driveways

(a) All lots, parcels, or any other divisions of land of 300 linear feet or less of road frontage adjacent to a U.S. Highway, N.C Route, Scenic By-way or other major thoroughfare (as designated by the village council) shall have no more than one access point. All lots having more than 400 linear feet of road frontage adjacent to a U.S. Highway, N.C. Route, Scenic By-way or way or other major thoroughfare (as designated by the village council) shall have no more than one access point onto the road for each 400 linear feet of road frontage.
 
(b) No access shall be allowed within 200 linear feet of the intersecting right-of-ways lines of the intersecting street closest to the access point.

(c) No access shall be granted within 200 linear feet from an existing access point unless no access will be granted if this provision is enforced. In this case, the access shall be granted at the greatest point away from all existing access points.

(d)  The NCDOT may reduce or increase the requirements by up to thirty percent if the site distances for a vehicle entering the corridor at the locations described above does not meet the standards established in “ A Policy on Geometric Design of Highways and Streets”, 1984 by the American Association of State Highway and Transportation Officials.

Section 611 Telecommunications Towers, Antennae and Facilities Overlay District

611.1 In recognition of the Telecommunications Act of 1996, it is the intent of The Village of Misenheimer to allow communication providers the opportunity to locate telecommunications towers, and related facilities, within the village, or its ETJ, in order to provide an adequate level of service to its customers, while protecting the health, safety, welfare, and the aesthetics of the community. Wireless towers may be considered undesirable with other types of uses, most notably residential; therefore special regulations are necessary to ensure that any adverse affects to existing and future development are mitigated.

Accordingly, the Village of Misenheimer Village of Council finds that regulations related to telecommunications towers are warranted and necessary:

(A) To direct the location of communication towers in The Village of Misenheimer and its ETJ;
 
(B) To protect residential areas and land uses from potential adverse impacts of telecommunications towers;

(C) To minimize adverse visual impacts of telecommunications towers through careful design, siting, landscape screening, and innovative camouflaging techniques;
 
(D) To accommodate the growing need for telecommunication towers to residents and businesses in the region;
 
(E) To promote and encourage shared use/co-location of existing and new communication towers as a primary option rather than construction of additional single-use towers;

(F) To consider the public health and safety of telecommunication towers; and to avoid potential damage to adjacent properties from tower failure through structural standards and setbacks.
 
(G) To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of telecommunication towers.

611.2 Telecommunications towers and facilities are allowed only in the telecommunications tower overlay district. A telecommunications tower overlay district rezoning must be requested by the applicant or property owner for any property with an underlying zoning of H-B and M-1 and all the supplemental regulations of Section 611 shall be met. Once the Council approves a site for a telecommunications tower overlay designation, the applicant shall obtain a Zoning Compliance Authorization as per Section 611.3 and its subsection.

611.3 No telecommunications tower, antennae, or facilities shall be erected, moved, extended in height, or enlarged or structurally altered, nor shall any excavation or filling of any lot for the construction of any tower or facility be commenced until the Zoning Enforcement Officer or his designated agent has issued a zoning clearance for such work, in the form of a Zoning Compliance Authorization. Such authorization will only be provided once a property is rezoned to the telecommunications tower overlay district. When a rezoning to the overlay district designation is approved, the proposed tower type, tower height, setbacks, easements, as well as other specifics presented to the Village Council shall be included in the Zoning Compliance Authorization. The telecommunications provider must abide by the specifics they presented to the Board when they obtained their rezoning. If, at a later date, the provider wishes to modify those specific conditions, an amendment to telecommunications tower overlay district must be obtained through a new review and public hearing by The Misenheimer Village Council.
 
611.3.1 Each application to the Zoning Enforcement Officer for Zoning Compliance Authorization shall be accompanied by plot plans showing:

(A) The actual dimensions of the lot to be built upon or leased. If leased, then also the dimensions of the lot on which leased portion is located

(B) The size and height of the tower to be erected.

(C) Tower type (i.e. monopole or lattice).
 
(D) The location of any existing structures on the lot, if any.

(E) The distance to the nearest residential structure.

(F)  Setbacks or the collapse zone. If collapse zone is used, documentation verifying the collapse zone dimensions.

(G) Other information as may be essential for determining whether the provisions of this ordinance are met.

611.3.2 Any Certificate of Zoning Compliance issued shall expire and be canceled unless the work authorized by it shall have begun within six (6) months of its date of issue, or if the work authorized by it is suspended or abandoned for a period of one (1) year. Written notice thereof shall be given to the persons affected, including notice that further work as described in the canceled permit shall not proceed unless and until another zoning compliance clearance has been obtained.
 
611.4 Telecommunication tower overlay rezoning requests can be denied on the basis of negative influence on property values or on aesthetic concerns provided that there is evidence to prove the impact on adjacent property owners will be significant. As per the Telecommunications Act of 1996, Misenheimer Village Council must clearly state the reasoning and available evidence of the impact on adjacent property values if the request is denied on this basis, which in essence denies the tower.
 
The following factors may be used to evaluate a tower for aesthetic reasons:

(A) To protect the view in scenic areas, unique natural features, scenic roadways, etc.
 
(B) To prevent the concentration of towers in one specific area.
 
(C) The height, design, placement, and other characteristics of the tower can be modified to have a less intrusive visual impact on the region or community.

611.5 Supplementary Regulations for new Telecommunications Towers, Antennae, and Facilities

If it is determined, to the satisfaction of the Village of Misenheimer Village Council, that telecommunications providers cannot:

(A) provide an adequate service level by co-locating on an existing telecommunications tower,

(B) locate on an existing Duke Power transmission tower or similar structure, or

(C) locate camouflaged antennae within an existing structure,

then telecommunications towers and facilities will be allowed if and when property is rezoned by the Village Council to a tower overlay district, subject to the following regulations in addition to applicable requirements set forth in each underlying zoning district and elsewhere in this Ordinance:

(1) In all underlying zoning districts, H-B and M-1, all telecommunication towers shall be of a monopole design and construction. All monopoles must be designed to ìtelescopeî or collapse inward unless documentation can be provided to prove that such design is not feasible. In M-1 underlying zoning district, a monopole or lattice construction steel structure tower is acceptable. Monopoles must be designed to ìtelescopeî or collapse inward; lattice towers must be designed to collapse inward upon themselves.

(2)  It is the intent of The Village of Misenheimer to encourage providers to co-locate facilities in an effort to reduce the number of telecommunication towers in the Village or its ETJ. Unless it is determined to be unfeasible, new communications towers should be capable of supporting additional communications antennas. This will assist the village in reducing the total number of towers in the jurisdiction. The Village of Misenheimer requires providers to negotiate in good faith with other providers to lease space at a reasonable cost and for reasonable terms, and to publicize the fact that space is available on a lease basis as part of the overlay district rezoning process.

(3)  The maximum allowable height of a tower is 199.9 feet in the H-B district. The maximum height of a tower located in the M-1 underlying zoning district is 250 feet. No variance to the height may be. The height of the tower or structure shall be the vertical distance measured from the mean elevation of the finished grade at the front of the structure to the highest point of the structure.

(4)  Where a telecommunication tower is to be located on a lot with an existing principal use, the tower shall be located in the rear yard only. In addition, a recorded easement for an access road at least twelve (12) feet wide shall be maintained by the property owner and/or the applicant from a public street to the tower for use by service and emergency vehicles.

(5) The Village of Misenheimer encourages stealth tower locations. Telecommunications towers which can locate in or on an existing structures or which can be camouflaged to resemble a tree (not a flagpole) are encouraged, or towers which are located in a stand of trees, rather than in an open field, are preferred.

(6) Towers are prohibited on the top of buildings, or structures, the H-B district. In the M-1 underlying zoning district, towers may be, but need not necessarily be, permitted on roofs or walls, after submittal of a report by a qualified and licensed professional engineer indicating the existing structureís suitability to accept the antenna, and the proposed method of affixing the antennae to the structure. Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated, for review by The Misenheimer Village Council.

(7) Towers on roofs may be allowed when the tower height does not exceed more than 30% of the height of the building, or  is no more than 50 feet above the building/structure, whichever is less. Towers on roofs or walls shall be screened, constructed, and/or colored to match the structure to which they are attached.

(8) The Village of Misenheimer recognizes that telecommunications facilities (both towers and co-locators) cannot be prohibited, nor can a rezoning for a telecommunications tower overlay district be denied on the basis of environmental or health concerns relating to radio emissions, if the telecommunications equipment and facility complies with the Federal Radio Frequency Emission Standards. The Village of Misenheimer requires that each applicant for a permit must provide documentation proving that their telecommunications equipment complies with the Federal Radio Frequency Emission Standards.

(9)  All accessory structures on the ground which contain switching equipment or other related equipment should be architecturally compatible with surrounding buildings and land uses in the underlying zoning district, or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical. This means structures with pitched roofs, made of local construction materials, such as brick, wood, stone, or vinyl lapped siding.

(10)  A minimum eight-foot high chain link fence, visually obscured by vegetation, is required immediately around the telecommunications tower and any equipment building(s) since the tower can be considered an attractive nuisance. Barbed wire shall be used along the top of the fence and access to the tower area and equipment buildings shall be through a locked gate. The Village Council may waive fencing requirements for stealth towers and other types of structures if the fencing serves no useful purpose.

Note: Applicants building new towers shall plan the fence and screening (see below) to accommodate all future providers on the site such that the fence and screening materials surround the land designated for all future equipment buildings and the tower.

(A) Landscape screening shall be required along the outside area of the perimeter-fenced area(s) to mitigate the visual impacts of the tower and equipment buildings from nearby viewers. Landscape materials shall consist of evergreen shrubs planted with a twenty (20) foot screen/buffer with twelve (12) trees [1/3 shall be evergreen] and twenty (20) shrubs required per one-hundred (100) feet of buffer strip. Evergreen shrubs should be of a size expected to reach a minimum of 6’ in height at maturity. Trees may be evergreen or deciduous. All landscaping shall be xeriscape (drought) tolerant or irrigated to ensure good health and vitality.

 Screening requirements shall not apply to telecommunications providers who have camouflaged (stealth towers) towers or who have located antennas within another structure (such as a steeple), or who have co-located on an existing tower. Nor shall screening apply when an antennae will be mounted on an electrical transmission tower or on structures such as a water tower/tank, grain silos, etc. or similar structures.

 The Board of Commissioners may waive any or all of the screening requirements upon determining that the existing topography or existing natural materials on site will screen the property as effectively as the required screening, provided that the spirit and intent of this subsection are met. The Board of Commissioners may also waive screening on those sides of the proposed tower that are located adjacent to undevelopable property. Such a waiver may not be sought to relieve the screening requirement for towers to be located adjacent to vacant properties or along any public right-of-way. Undevelopable property shall constitute any such property or land that is unable to be used as a building site, i.e. a floodplain, etc.
 
(B)  Plant Standards and Plant Installation Standards.

(1) Minimum tree caliper measured 6î above ground on all trees shall be 2 1/2î and the minimum height shall be 8 feet.

(2) Shrubs must be at least 2 feet tall when planted and shall be of a variety and adequately maintained so that an average height of 5 to 6 feet could be expected as normal growth within 3 years of planting.

(3)  All plant material installed shall be free from disease.

(4)  Plant materials shall be planted in accordance with generally accepted and recommended planting and growing practices.

(5) All plant material shall be installed in a fashion that ensures the availability of sufficient soil and water to sustain healthy growth.

(C) Landscaping Maintenance.

(1)  The plantings that constitute a required landscaping shall be properly maintained in order for the landscaping to fulfill the purpose for which it is established. The owner of the property and any tenant on the property where a screen is required shall be jointly and severally responsible for the maintenance of all screen materials. Such maintenance shall include all actions necessary to keep the screened area free of litter and debris and to keep plantings healthy. Any vegetation that constitutes part of a screen shall be replaced in the event that it dies.

(2)  Minimum setback requirements for free-standing shall be one (1) foot for every one (1) foot of actual tower height plus twenty-five (25) feet. (i.e. A 199.9 foot tower would require a 224.9 foot setback on all sides.) These setback requirements are applicable on all sides of the property including any side along the road right-of-way, and for all leased areas of a parcel. The purpose of these setback requirements is to prevent icefall materials and/or debris from tower failure or collapse from damaging off-site property. For the purpose of establishing setbacks, the measurements shall be from the edge of the concrete base on which the tower is

The Village of Misenheimer Village Council may reduce minimum setback requirements, if warranted, or to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standards, power line support device, or similar structure.
 
(A) All towers shall be a minimum of 300’ from the nearest residential dwelling unit.
 
(B) Telecommunications providers who are leasing a portion of a lot for the proposed telecommunication tower shall obtain written a signed certification from the property owner that no future development or subdivisions or leased portions will be made within the established setbacks of the telecommunication tower until such tower is removed from the site (i.e. is abandoned and removed by the provider). This does not apply to telecommunication providers seeking to co-locate on an existing tower.

(C)  Towers and related facilities must be removed by the applicant and/or property owner upon abandonment of the tower (no longer used for its original intent) for a period greater than ninety (90) consecutive days. Such removal (clearing from the site) shall take place within six (6) months of the first day the tower was abandoned, and be completed within this same six (6) month period. It shall be the responsibility of the applicant to notify the Village of Misenheimer in writing, when the tower has been abandoned for greater than ninety (90) days.

(D) When towers are removed, the overlay designation becomes null and void, and the zoning on the property then becomes the underlying zoning district designation only.

(E) Towers having a height of 199.9 feet or less shall not contain lights or light fixtures at a height exceeding fifteen (15) feet. Furthermore, lighting of all towers in any district shall be directed toward the tower and/or accessory uses to reduce glare onto adjacent properties. It is recognized that towers over 200 feet in height require night time strobe lights as per the Federal Aviation Administration.

(F) Freestanding telecommunications towers should be located to avoid a dominant silhouette on ridges or in open fields.

(G) Any planned increase in tower height to an existing approved telecommunication tower located within an overlay district requires the provider to apply for a zoning amendment to the telecommunication tower overlay district. Once such an amendment has been approved by the Village Council, a Zoning Compliance Authorization can be issued to permit the increase in tower height. Normal maintenance and repair of the structure can be completed without the issuance of Zoning Compliance at the discretion of the Zoning Enforcement Officer. Planned height increases for towers which were constructed prior to the adoption of these regulations shall require the provider or owner to apply for a rezoning to the telecommunications tower overlay district, which includes a review and approval by the Village. Once such rezoning is approved, the Zoning Enforcement Officer will review a Zoning Compliance Authorization application. Required information for this application is described in Section 611.3.1.

(H)  Applications by providers to use co-location space on an existing tower, within an approved telecommunications tower overlay district shall be permitted by right, provided that the tower height is not increased. The issuance of a Zoning Compliance Authorization form shall be required. If the co-locator or owner proposes to increase the tower height in an established telecommunications tower overlay district, this would require a zoning amendment of the telecommunications tower overlay district which includes review and approval by the Village Council, prior to the issuance of a Zoning Compliance Authorization.

(I) Freestanding signs are prohibited. Wall signs shall be limited to 1) identification signage allowed on equipment structures or fences surrounding the telecommunication tower/structure provided it does not exceed nine square feet in size and 2) ìNo trespassingî signs, ìDanger – High Voltageî signs, and other similar warning signs shall be installed to discourage trespassing by unauthorized persons. Signs shall be installed and/or mounted on the perimeter fence, and/or on the tower at its base.

(J) The provider must show proof of adequate insurance coverage for any potential damage caused by or to the telecommunications tower prior to the issuance of a Zoning Compliance Authorization. Once such authorization is approved, documentation of adequate insurance must be provided to the Misenheimer Village Council, every twelve (12) months.

(K)  Outdoor storage of equipment or other related items is prohibited.

(L) Associated telecommunications equipment buildings located in any zoning district shall not be used as an employment center. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.

(M) All applications for a telecommunications tower overlay district, or any amendment to the overlay district must include the following information in addition to any other applicable information contained in the Zoning Ordinance:

(1) Identification of intended provider(s);

(2)  Documentation by a registered engineer that the tower has sufficient structural integrity to accommodate more than one user, if applicable. A statement about the general capacity of the tower in terms of the number of additional providers, or co-locators, it is designed to accommodate.

(3) A statement from the provider indicating intent to allow shared use of the tower and how others will be accommodated;

(4) Documentation that all property owners of residentially zoned property within 300 feet of the edge of all sides of the property (for leased sites this means the edge of the larger parcel in which the leased portion is located), as well as adjacent property owners, have been notified by the applicant of the proposed tower height and design. Notification of property owners is also required for amendments to the overlay district.

(5) Documentation that the telecommunication equipment complies Federal Radio Frequency Emission Standards;

(6) Documentation that towers over 199.9 feet are necessary for a minimal level of service;

(7) A site plan(s) drawn to scale, identifying the site boundary, tower(s), existing and proposed structures, including equipment buildings, access, fencing area, fall radius and landscape screening, detailing the type of landscaping, amount of plantings, and location. A site plan is not needed for providers who are seeking co-location on an existing tower within an approved telecommunication tower overlay district, when the equipment building is to be located within the existing fenced area.

(8) Documentation of monopole tower or lattice tower collapse area, if applicable.

(9) Expert testimony that demonstrates to the satisfaction of The Village of Misenheimer Village Council that the provider has explored all means for stealth tower locations and co-location opportunities, if applicable. Evidence may consist of the following:

(10) Existing or approved telecommunications towers with available co-location space are not located within the search area.

(11) Existing or approved towers or structures are not of sufficient height to meet the provider’s specifications.

(12) Existing or approved towers or structures do not have sufficient structural strength to support the applicant’s proposed antennae.

(13) The provider’s proposed antenna would cause objectionable radio frequency interference with existing or planned antennae on an existing or planned tower, (i.e. the spacing requirement between antennae cannot be met).

(14) Existing or approved towers lack co-location space.

(15) If it is determined that an existing tower does not have the structural strength or integrity to support additional antennae and associated equipment, then the proposed provider shall provide documentation that the existing tower can not be structurally strengthened to accommodate an additional user.

Towers shall not restrict or interfere with air traffic or air travel to and from any existing or proposed public or private airport. All proposed towers shall comply with the Federal Aviation Administration (FAA) standards.
 
The following requirements apply for Telecommunications Tower Overlay District rezoning:

(A) Decisions by The Village of Misenheimer Village Council to approve or deny a telecommunications tower overlay district for a telecommunications tower must be in writing to the applicant, along with detailed reasoning for the approval/denial, as per federal law.

(B) The applicant and the public are requested to submit their comments and arguments in writing prior to addressing the Village of Misenheimer Village Council at the public hearing, as suggested by federal law.

(C) The decision of the Village of  Misenheimer Village Commissioners must be based upon substantial evidence, which must be recorded in the Minutes, as per federal law.

(D)  In determining if a telecommunications tower should be approved/denied, through the rezoning to a telecommunication tower overlay district, the Planning Board and The Village of Misenheimer Village Council may take into account the towerís harmony with the surrounding area and its compatibility with adjacent properties. The aesthetic effects of the tower, as well as any mitigating factors concerning the aesthetics may be used to evaluate the telecommunications tower overlay district rezoning. In reaching a decision, the Village Council may request the height, design, screening, placement, or other characteristics of the tower be modified to produce a more harmonious situation.

611.6 Supplementary Regulations for Telecommunications Antennae and Associated Equipment Locating on Existing Towers and Structures.

(A) Applications by providers to use co-location space on an approved existing telecommunications tower in an approved telecommunications tower overlay district shall be allowed with an approved Zoning Compliance provided that the tower height is not increased. Any co-location which will result in an increase to the tower height, shall require the co-locator or applicant to apply for an amendment to the telecommunications tower overlay district, allowing an increase in tower height if the tower existed prior to the adoption of these regulations, a rezoning to the telecommunication tower overlay district status is required.

(B) Provided the structural integrity of the structure/tower is not compromised or diminished as determined or documented by a licensed professional structural engineer, telecommunications antennae and its associated equipment buildings may locate on any Duke power transmission tower, water tank/tower, or similar structures by right in all underlying zoning districts so long as the addition does not increase the original height of the existing structure or tower, when Zoning Compliance authorization has been approved. Such antennae shall be painted to match the color of the building/structure or the background against which it is most commonly seen. Note: No antennae used for the purpose of telecommunications shall be mounted on any structure used solely for residential purposes.

(C) The Village requires that each applicant shall provide documentation proving that their telecommunications equipment complies with the Federal Radio Frequency Emission Standards.

(D) Screening requirements shall not apply to telecommunications providers, when the provider camouflages antennas within another structure (stealth locations), such as a church steeple, or co-locate on an existing tower. Nor shall any screening apply when an antennae will be mounted on an electrical transmission tower or on structures such as a water tower/tank, grain silos, etc. or similar structures.

(E)  Outdoor storage of equipment or other related or non-related items are prohibited.

(F)  The associated telecommunication antennae equipment buildings located in all underlying zoning districts shall not be used as an employment center. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.

(G)  Telecommunications antennae and associated equipment shall not restrict or interfere with air traffic or air travel to or from any existing or proposed public or private airport. All proposed towers shall comply with Federal Aviation Administration (FAA) standards.

Section 612    Park and Recreation District

The purpose of this district is to provide for areas where the recreational needs, both public and private, of the citizenry can be met without undue disturbance of natural resources and adjacent uses.  When applied to privately owned recreation lands, this district is intended to avoid the conversion of such lands to other urban uses without adequate public review and approval.  The district should be used for areas designated as parks in the adopted Village Land Use Plan.

Permitted Uses:

Art exhibitions

Botanical gardens and arboretums

Forest reserves (wilderness areas)

Forest reserves (wildlife refuges

Golf courses

Historic monument sites

Museums

Parks — General recreation, Leisure, and Ornamental

Picnicking area

Planetarium

Playfields or athletic fields

Playgrounds

Play lots or tot lots

Swimming pools

Tennis courts

Trails for biking or hiking