Edits made to May 9, 2012, Polk County Unified Development Ordinance

Published 4:16 pm Thursday, September 13, 2012

81.       19.9.1  Preexisting.  Salvage yards in existence on the effective date of this Article or before April 21, 2006, including any salvage yard along any state road or highway, shall comply with this Article by obtaining a permit as provided in Section 19.4 and meeting the requirements for preexisting salvage yards as set forth in Section 19.8.1, and meeting one of the following conditions:

 

82.       19.9.2.  Removed “New.”  Changed “Article 14” to Section 14.6.6.

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83.       Section 20.3 Added No tower over fifty feet (50′) shall be constructed, altered, reconstructed or expanded until a Polk County tower permit is obtained as provided in this Article. Provided, however, no permit shall be required for a tower associated with a public safety facility so long as it complies with the following:

 

1)        The tower shall not exceed 120’ in height.

2)        A fall radius, equal to the height of the tower, shall only encroach on property owned by the State of North Carolina or a local government.

3)        No antennas shall be placed on the tower except those dedicated to the public safety.

 

No tower permit shall be issued that is not in compliance with this Ordinance. No building permit shall be issued for any tower subject to this ordinance that has not received a tower permit.

 

84.       20.4.2  Siting.  Replace the term, “hierarchy”, with the term “order of preference”.

 

 

85.       20.5.2.2 Freestanding Tower.  This measure shall include the foundation of the tower, but exclude lightning rods for the dissipation of lighting or lights required by the FAA that do not provide support for any antennae.  The maximum height will be 160 120 feet in all districtsprovided, however, an additional 20 feet in height will be allowed for every four additional antennae up to a maximum height of 160 feet.

 

86.       21.3.4.  Setback requirements shall be specified by the conditional use permit  The Board of Adjustment shall establish setback requirements which shall be sufficient to meet the standards for conditional uses contained in Section 5.5.4.5, above.

 

87.       21.3.8.  Glare resistant solar panels shall be used if the solar facility is adjacent to any airport or in a mountain ridge protection area.

 

88.       22.2(2) Environmental Checklist.  (2) Developed areas (non-open space) in Mountain Ridgeline Protection Area.

 

89.       22.2(4)  Environmental Checklist. 33% or greater of total project parcel(s) includes slopes of 30 25% or greater.

 

90.       22.2(12) Environmental Checklist. 33% or greater of total project parcel(s) includes slopes between 20% and 30% <25%.

 

91.       22.3 Section 2.  Changed format of references (i.e., Section 22.2, items 8,11).

 

92.       ARTICLE 23.  Added note to contents page as follows: See Appendix A for definitions or words and phrases in quotes.  Inserted quotes around all words within Article 23 which were listed in Appendix A.

 

93.       24.2  Deleted (f) and inserted “and” before (e).

 

94.       24.2.4. Steep slope Development on steep slopes, if unregulated, can take place at the expense of environmental concerns.  Stormwater runoff from slopes is greater in both quantity and velocity than it would be from level ground. Preserving existing vegetation reduces erosion by maintaining roots which increase infiltration and bind soils. Constructing mountainside and ridgeline roads involves cuts in the upslope side and fills on the downslope side. Such cuts and fills are often much wider than the minimum required road right-of-way and can be more susceptible to failure.