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HomeMy WebLinkAboutZoning Ordinance-1986 TITLE: Zoning Ordinance (Second Printing), Camden County, North Carolina DATE: November 1, 1972 - 1st Printing October 10, 1986 - 2nd Printing SUBJECT: Land Use Control in Camden County LOCAL PLANNING AGENCY: Camden County Planning Board SOURCE OF COPIES: Camden County Zoning Office Camden County Courthouse Camden County, North Carolina 27921 NUMBER OF PAGES: 49 ABSTRACT: This Zoning Ordinance contains the criteria for land use districting within the boundaries of Camden County. A primary purpose of this ordinance is to provide a means of assuring compatible development in all areas of the County. The Ordinance was enacted under the authority of Chapter 153, Article 20B of the General Statutes of the State of North Carolina. It is applicable to all areas demarcated on the Official Zoning Map of Camden County. THE PREPARATION OF THIS REPORT WAS FINANCED IN PART THROUGH A GRANT PROVIDED BY THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM, THROUGH FUNDS PROVIDED BY THE.COASTAL ZONE MANAGEMENT ACT OF 1972, AS AMENDED, WHICH IS ADMINISTERED BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. Cj ARTICLE ONE ARTICLE TWO _...._._ARTICLE THREE ARTICLE FOUR ARTICLE FIVE ARTICLE SIX Section 60 Section 61 Section 62 Section 63 Section 64 Section 65 ARTICLE SEVEN Section 70 Section 71 Section 72 Section 73 Section 74 ARTICLE EIGHT TABLE OF CONTENTS APPLICABILITY 1 EFFECTIVE DATE ............................... 1 PURPOSE......................................... 2_- LEGAL STATUS AND VALIDITY .................... 3 APPLICATION OF REGULATIONS ................... 4 DEFINITIONS .................................. 5 Interpretation of Commonly Used Terms........ 5 Definition of Specific Terms & Words......... 5 GeneralProvisions ..........................10 Nuisancesand Hazards ........................11 Board of Adjustment ..........................11 Changes and Amendments .......................15 GENERAL PROVISIONS ...........................18 Non -Conforming Uses ..........................18 Advertising Signs and Structures.............19 Off -Street Parking and Storage...............20 Off -Street Loading and Unloading Space ....... 24 Administration...............................24 ESTABLISHMENT OF DISTRICTS...................26 Section 80 Use of Districts Named.......................26 Section 81 District Boundaries Shown on Zoning Map ...... 26 Section 82 Due Consideration Given to District Boundaries.. ......... .....................26 Section 83 Rules Governing Interpretation of District Boundaries. ................... ............26 ARTICLE NINE USE REQUIREMENTS BY DISTRICT ................. 28 Section 90 Agricultural Open Space District (A-O)....... 28 Section 91 Residential -Agricultural Districts (RA-20, RA-20 MH)............................30 Section 94 H-C Highway Commercial District..............33 Section 96 Industrial District ..........................37 ARTICLE TEN MISCELLANEOUS................................44 Section 100 Manufactured Home Parks......................44 Section 101 Manufactured Home License Required ........... 45 Section 102 Extractive Operations ........................46 Section 103 Flood Plain Zone.............................49. NOTES..........................................................50 CAMDEN COUNTY ZONING ORDINANCES ARTICLE ONE Section 10. Applicabilit The provisions of this Ordinance shall apply to land designated on the Official Zoning Map of Camden County. The provisions of this Ordinance do not apply to bona fide farms, farms being defined as agricultural land consisting of 10 (ten) acres or more, horticultural land of 5 (five) acres or more, and forest land of 20 (twenty) acres or more. A farm may consist of more than one tract, but at least one of the tracts must meet the minimum size requirement laid out above. Any use of farm property for non -farm purposes is subject to the provisions of this Ordinance. (See Note 1) ARTICLE TWO Section 20. Effective Date This Ordinance shall take effect on November 1, 1972. This October 0 printing reflects all amendments through 1986.. • s ARTICLE THREE Section 30. Purpose It is the purpose of this Ordinance: To recognize the clear interest of the residents of Camden County in the efficiency, prosperity, appearance, health, and safety of their county. To recognize the basic right of each resident to use and enjoy land which he legally owns or controls. To avoid potential conflicts between the land user and the general public. To protect the present and future enjoyment of property by all residents in all portions of Camden County.. To these ends this Ordinance is designed to* promote the sound and harmonious development of Camden County and to further the general welfare of all residents by safeguarding property values. This Ordinance is further designed to provide for residential, commercial and industrial growth in Camden County, by the establishment of districts within which each type of use can develop properly and profitably and not interfere with the use of land in adjacent parcels or districts. 2 'u ARTICLE FOUR Section 40. Legal Status and Validity 41. Conflict with Other Provisions of Law It is not intended that this Ordinance shall repeal, abrogate, annul,. impair or interfere with any existing provisions of laws, regulations, easements, covenants or other Ordinances or agreements between parties, provided that where this Ordinance imposes a greater restriction on the location or use of structures, premises, or lands than are imposed or required by said provisions or agreements, the provisions of this Ordinance shall control. 42. Validity If any section, provision, clause, or portion of this Ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, provision, clause or portion of this Ordinance which is not of itself held to be invalid or unconstitutional. 3 0 ARTICLE FIVE APPLICATION OF REGULATIONS Section 50. Zoning Affects Every Building and Use. No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered except- in conformity with the regulations herein specified for the district in which it is located, except as hereinafter provided in this Ordinance. Section 51. Reduction of Lot and Yard Areas Prohibited No yard or lot existing at the time of passage of this Ordinance shall be reduced in size or area below the minimum requirements set forth herein, except for street widening. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance and shall not thereafter be reduced in size, if such reduction will result in a lot below the minimum requirements setforth herein. (See Note 1) Section 52. Relationship of Building to Lot. Every building hereafter erected, moved or structurally altered shall be located on a lot and in no case shall there be more than one (1) principal building and its customary accessory buildings on the lot, except in the case of a specifically designed complex of institutional, residential, commercial or industrial buildings in an appropriate zoning district, i.e., school campus, cluster housing, shopping center, industrial park, and so fourth, as permitted or conditional uses in each Zoning District. (Article Nine). 4 r• c• C.� ARTICLE SIX DEFINITIONS For the purpose of interpreting this Ordinance certain words or terms are herein defined. Unless otherwise expressly stated, the following words shall, for the purpose of this Ordinance, have the meaning herein indicated. Section 60 Inter retation of Commonly Used Terms and Words. 60.1 Words used in the present tense include the future tense. 60.2 Words used in the singular number include the plural, and words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise. 60.3 The word "person" includes a firm, association, corporation, trust and company, as well as an individual. 60.4 The words "used for" shall include the meaning "designed for". 60.5 The word "structure" shall include the word "building". 60.6 The word "lot" shall include the words "plot", "parcel", or "tract". 60.7 The word "shall" is always mandatory and not merely directory. Section 61. Definitions of Specific Terms and Words. 61.1 ACCESSORY USE. A use customarily incidental and subordinate to the principal use or buildings and located on the same lot with such principal use or building. 61.2 ALLEY. A public way which affords only a secondary means of access to abutting property and not intended for general traffic circulation. 61.3 BILLBOARD. An outdoor structure or display, pictorial or otherwise, which advertises or directs attention to a business, commodity, service or other activity conducted, sold or offered elsewhere than on the premises on which sign is located. 5 61.4 BUFFER STRIP. A buffer strip shall consist of a planted strip at least ten (10) feet in width, composed of deciduous or evergreen trees or a mixture of each, spaced not more than twenty (20) feet apart and not less than one (1) row of dense shrubs, spaced more than five (5) feet apart. 61.5 BUILDING. Any structure -having a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattels. 61.6 BUILDING, ACCESSORY. A building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith. 61.7 BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which said building is situated. 61.8 BUILDING SETBACK LINE. A line establishing the minimum allowable distance between the nearest portion of any building, excluding the outermost three (3) feet of any uncovered porches, steps, eaves, gutters and similar fixtures, and the street or highway right-of-way line when measured perpendicularly thereto. 61.9 CUSTOMARY HOME OCCUPATION. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof, and in connection with which there is no display, no outside storage, no stock - in -trade, nor commodity sold on the premises; provided further, no person, not a resident on the premises shall be employed specifically in connection with activity, except that not more than one (1) assistant may be employed by the following occupations: physician, dentist; chiropracter and osteopath. Provided further, that no mechanical equipment shall be installed or used except such as is normally used for domestic or professional purposes: and not over twenty-five percent (25%) of the total floor space of any structure shall be used for home occupation. 61.10 DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities 14 for one (1) family. The term "dwelling" shall not be deemed to include a motel, hotel, tourist home or other similar arrangement. (See Note 1) 2 �. 61.11 DWELLING, SINGLE-FAMILY. A detached building designed for or occupied exclusively by one (1) family. 61.12 DWELLING, TWO-FAMILY. A building arranged or designed to be occupied by two (2) families living independently of each other. 61.13 DWELLING, MULTI -FAMILY. A building or portion thereof -'-used or designed as a residence for three -(3) or more families living independently of each other, including apartment houses, apartment hotels, and group housing projects. 61.14 GROUP DEVELOPMENT. A group of two (2) or more - - principal structures built -on --a sings-e -lot, tract or parcel or land not subdivided into the customary streets and lots and which will not be so subdivided, and designed for occupancy by separate families, businesses or other enterprises. Example would be: cluster type subdivisions, planned unit development, row houses, apartment courts, housing projects, school and hospital campuses, shopping centers and industrial parks. 61.15 FAMILY. Any number of related persons living together as a single housekeeping unit. 61.16 JUNK YARD. The use of more than six -hundred (600) square feet of the area of any lot for the storage, keeping, or abondonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, or abondonment of automobiles or other vehicles or machinery or parts thereof. 61.17 LOT. A parcel of land occupied or capable of being _ occupied by a building or group of buildings devoted to a common use, together with customary accessories and open spaces belonging to the same. 61.18 LOT, CORNER. A lot which occupies the interior angle at the intersection of two (2) street lines which make an angle of more than forty-five (45) degrees and less than one hundred and thirty-five (135) degrees with each other. The street line forming the least frontage shall be deemed the front of the lot except where the two (2) street lines are equal, in which case the owner shall be required to specify which is the front when requesting a zoning compliance permit. 7 61.19 LOT DEPTH. The depth of a lot is the mean distance of the side lines of the lot measured from the midpoint of the front lot line to the midpoint of the rear lot line. 61.20 LOT OF RECORD. A lot which is part of a subdivision, a plat of which has been recorded in the office of the Register of Deeds of Camden County, or a lot - described by metes and bounds, the description of which has been so recorded. 61.21 LOT WIDTH. The distance between side lot lines measured at the building setback line. 61.22 MANUFACTURED HOMES.-- - -(Formerly Mobile Homes) A - ----- - - structure that (a) consists of a single unit completely assembled at the factory or of 2 (double wide) or 3 (triple wide) principal components totally assembled at the factory and joined together at the site; and (b) is designed so that the total structure (or in the case of a double wide or triple wide, each component thereof) can be transported on its own chassis; and (c) is over 32 feet long and over 8 feet wide; and (d) is designed to be used as a dwelling and provides complete, independent living facilities • for one family, including permanent provisions for living, sleeping. eating, cooking and sanitation; and (e) is actually being used, or is held ready for use, as a dwelling. A Structure that is otherwise defined herein as a manufactured home is permanently attached to the foundation if; (1) the foundation was constructed in such a way as to make it unlikely that the manufactured home placed upon it will later be moved; or (2) if -the manufactured home cannot be removed from the foundation without•great expense or severe damage to the manufactured home. (See Note 1) 61.23 MANUFACTURED HOME PARK. Any place or tract of land maintained, offered, or used for the parking of two (2) or more manufactured homes or trailer houses, used or intended to be used for living or sleeping purposes. (See Note 1) 61.23 (a) MODULAR HOME. Dwellings's which are fabricated prior to a building site and may be shipped to their final on site location either as individual prefabricated units or prefabricated subassemblies. (See Note 1) • i61.24 NON -CONFORMING USE. Any use of a building or land which does not conform to the use regulations of this Ordinance for the district in which it is located, either at the effective date of this Ordinance, or as a result of subsequent amendments which may be incorporated into this Ordinance. 61.25 OPEN STORAGE. Unroofed storage area, whether fenced or not. 61.26 PARKING SPACE. A storage space of not less than ten (10) feet by twenty (20) feet for one (1) automobile, plus the necessary access space. It shall always be located outside the dedicated street or highway right-of-way. 61.27 SIGN AREA. Sign area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof, which will encompass the entire advertising copy area including architectural trim and structural members. In computing area only one (1) side.,of a double-faced sign shall be considered. 61.28 SIGNS, BUSINESS. Any outdoor notice containing words, letters, figures, numerals, emblems, devices, trademarks, or trade names, or combinations thereof, by which anything is made known such as the designation of a firm, corporation, profession, business, comodity or product located -or available on the premisies. 61.29 STREET (Road). A dedicated and accepted public right-of-way for vehicular traffic which afford the principal means of access to abutting properties. 61.30 STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location -on the ground. 61.31 WATER SYSTEM, (MULTI -CONNECTION) PUBLIC. Water systems serving ten (10) or more connections are classified as public water supplies by State Law, and plans and specifications must be approved by the Sanitary Engineering Division of the State Board of Health. (See Note 1) 61.32 YARD. An open space on the same lot with.a principal building, unoccupied and unobstructed from the ground upward except as otherwise provided herein. 61.33 YARD, FRONT. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street or highway right-of-way line and the front line of the building, projected to the side lines of the lot. 61.34 YARD, REAR. An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. 61.35 YARD, SIDE. An open, unoccupied space on the same lot with a principal building, situated between the -- side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. Section 62. General Provisions 62.1 New uses to be in Compliance Within the area covered by this Ordinance no structure shall be hereafter erected,, structurally altered, converted, reconstructed, moved to or placed upon new premises, nor shall any -structure or land be used except in compliance with the provisions of this Ordinance. . 62.2 Undersized lots. (See Note 1) (1) A structure may be erected on any lot for which there was a contract or instrument of conveyance for that specific lot on. record on the effective date of this Ordinance even if the lot does not meet the area . requirements of the applicable district, provided: (See Note 1) a. that such lot does not abutt upon one or more unoccupied lots in -the same ownership in which case it shall be combined with said lot, and b. that water supply and sewage, disposal facilities for such lot are approved by the District Health Officer, and C. that yard. requirements for the applicable • district are adhered to as closely as, possible in the determination of the Zoning Officer. 10 n time an individual or other legal 0 (2) Hereinafter, any g entity purchases or otherwise takes title to two adjacent, unoccupied, undersized, lots, whether said ownership was created by one transaction or a series of transactions, the two lots shall be merged and deemed to thereafter be one lot. 62.3 Creation of_ -Under Sized Lots. - No land shall hereafter be subdivided so as to create lots which cannot comply with the minimum area and yard requirements of the appropriate district. 62.4 One residential Building Per Lot. _.__-___.Only one principal residence building_shal_1 be built or installed on each lot in residential districts. 62.5 Health Officer Approval of Sewage Disposal Facilities. The Zoning Officer shall not issue a zoning permit for any use, building, or purpose without written approval of any and all needed or proposed sewage disposal facilities from the Camden County Health Office. Issuance and use of zoning permits shall be subject to all terms and qualifications imposed by the District Health Officer and copies of all approvals terms and qualifications shall be kept on file in the Zoning Office. (See Note 1) Section 63. Nuisances and Hazards 63.1 In no case shall any permitted non-residential use conduct operations resulting in noise, smoke, odors,. glare, vibration, dust, gases, electrical or other radiation, or other characteristics of a type and to.. an extent which would create a nuisance or a hazard for adjacent or neighboring properties. Section 64. Board of Adjustment. 64.1 Creation of the Board A Board of Adjustment is hereby established., Such Board shall consist of five (5) members and two alternate members, residents and citizens of Camden County, and appointed by the Camden County Board of Commissioners. (The Vice -Chairman of the Camden County Planning Board shall be ex-officio a member of the Board of Adjustment,_ without full rights and privileges.) Alternate members shall vote only in the absence of regular members and shall serve in 11 (• rotation. Members of the Board of Adjustment will be appointed to terms of three (3) years, except that the original Board shall be appointed to serve terms as follows: one meber three (3) years, two members two (2) years each, and two members one (1) year each. One calendar year must elapse before any member may be reappointed for a subsequent term of office. Vacancies shall be filled as they occur and to serve for the expiration of the unexpired term. - The. members of the Board of Adjustments-- shall receive no compensation for their services, but shall be reimbursed for "out of pocket" expenditures made in connection with their duties. 64.2 Rules of Procedure The Board of Adjustment is a quasi-judicial administrative body whose decisions affect private property rights to the same extent as court decisions. For that reason it shall promptly adopt rules of procedure which must be in accordance with the recognized body of law in its field and its rules of procedure. To comply with statutory and case law, at least the following provisions must be included: (See Note 1) a. The Board shall fix the time within which notices of appeal from the Zoning Officer's decision must be filed by the property owner. b. The Board shall make provisions for the giving of notice prior to hearing the appeal. C. The Board shall fix a reasonable time within which the appeal must be heard. d The quorum for the purpose of hearing cases - shall be not less than four members. e. The concurring vote of not less than four members shall be necessary to: 1. Reverse any order, requirement, decision or determination of the Zoning Officer. 2. Authorize an exceptional use permitted by this Ordinance. 3. Grant a variance from the literal terms of this Ordinance. 12 J f. The Board shall fix a reasonable time within which said reversal, exceptions, and variances must be decided. g. The. Board shall deny any application for a rehearing if there is no substantial change in facts, evidence or conditions. ---- -- h_ _ The Board shall keep a complete---set.-of Minutes �- and records showing the evidence presented, the Board's findings of fact, and the Board's decision on each case heard by the Board. i. The Board shall in all paticulars comply with the formal requirements set forth in its rules. 64.3 Powers and Duties a. General The Board of Adjustments is not a legislative body. It shall enforce the meaning and the spirit of this Ordinance as enacted by the Board of County Commissioners. Where consistent injustice appears to result from the provisions of this Ordinance, it shall be the duty of the Board of County Commissioners that the Ordinance be amended. The Board of Adjustment shall make no decisions which will have the cumulative effect of amending this Ordinance. b. Interpretation The Board of Adjustment shall have the power to hear appeals from the Zoning Officer's decisions in matters of the interpretation of-' the Zoning Ordinance. The Board's power of interpretation shall .consist of determining the, true facts in a case and applying to these facts what the Board considers to be the meaning of the Ordinance. . In the exercise of this power the Board must apply, not vary, the terms of this Ordinance, and no showing of hardship is required. Any variation must meet the requirements for a variance as set forth in Section 64.3.c. of this Ordinance. C. Variances The Board is to make decisions regarding the granting of "variances" from the literal terms 13 of the Ordinance in hardship cases where such variances will not subvert the meaning and spirit of this Ordinance except in cases where each and all of the following shall be determined. 1. There are practical difficulties or unnecessary .hardships in the way of carrying out the --- Ordinance, where the property owner -shall prove (a) that if he complies with the provisions of the Ordinance, he can accrue no reasonable return from, or make no reasonable use of his property; (b) that the hardship results from the application of the Ordinance; (c) that the hardship is suffered directly by the property in question, and is not merely a general need such as lack of desireable developments or arrangements in the surrounding area; (d) that the hardship is peculiar to the applicant's property; (e) that the hardship is not the result of the applicant's own actions. 2. The variance is in harmony with the general purpose and intent of the Ordinance, and preserves its spirit. The Board shall grant no variance which would permit any use of land or buildings prohibited by any other section of the Ordinance. Only variances in setback, lot area, yard and other dimensional requirements are permitted. 3. In the granting of the variance the public safety and welfare are assured, substantial justice is done both to the applicant property owner and the owners of adjacent properties, and the best interests of the public as a whole are preserved. d. Exceptional Uses Where a district boundary line divides a lot or - property in single ownership at the time said boundary line shall be determined,- the Board shall have the power to permit a use authorized on either portion of said lot or property to extend not more than 150 feet from said district boundary line. In the exercise of this power the Board shall follow the language of the Ordinance exactly. e. When required by the terms of the Ordinance, the Board of Adjustment may hear requests for, and shall have the power to issue, Conditional Use Permits in accordance with the conditions, safeguards, and procedures specified in the Ordinance. (See Note 1) 14 (0 f. Conditions In the issuance of a permit for a variance, a specialized permit, or exception, the Board shall have the power to impose any reasonable conditions on the permit which will minimize the impact of the proposed use of the property upon its neighbors and to preserve the best interest of the public as a whole. Section 65. Changes and Amendments The Board of Commissioners may amend the text regulations and map district lines according to the following procedures. 65.1 Action by the Applicant The following actions shall be taken by the applicant a. Initiation of Amendments. Proposed changes or amendments may be initiated by the Board of Commissioners, Planning Board, Board of Adjustment, or by one or more owners of property within the area proposed to be changed or affected. b. Application. An application for any amendment shall contain a description and/or statement of the present and proposed zoning regulation or district boundary to be applied, the names and addresses of the owner or owners of the adjacent property to the lot in question, and the use of each adjacent property. Such application shall be filed with theClerk to the County Commissioners who shall thereafter promptlly contact the chairman of the Planning Board. Upon notification from the Clerk, the Chairman - shall within 30 days schedule a meeting at which the application is to be considered. The Planning Board will not reconsider a similar case for a period, of twelve (12) months. (See Note 1) C. Fee. A fee of ten (10.00) dollars shall be paid to the Clerk to the County Commissioners for each application for an amendment to cover the costs of advertising and other administrative expenses invloved. 65.2 Action by the Planning Board (See Note l) (i The Planning Board shall consider and make recommendations to the Board of Commissioners 15 concerning each proposed zoning amendment. The Planning Board may hold public hearings, and may hear proposals and solicit information at the public hearing held by the Board of Commissioners. The Planning Board's procedure for advertising public hearings will follow those used by the Board of Commissioners enumerated in 65.3.b below. All Planning Board recommendations must be submitted to the County Commissioners within 30 days following the Commissioners public hearing. 65.3 Action by the Board of Commissioners The following actions shall be taken by the Board of Commissioners: a. Board of Commissioners Consideration. The Board of Commissioners shall consider amendments to this Ordinance not more than four (4) times a year at one (1) meeting of. the Board of Commissioners during the months of February, May, August, and November. The Board of Commissioners by vote of two thirds (2/3) vote of its total membership may waive this restriction if it finds an emergency exists. b. Notice of Public Hearing. No amendment shall be adopted by the Board of Commissioners until after public notice and hearing. Notice of public hearing shall be published in a newspaper of general circulation in the County - of Camden at least once each week for two (2) successive weeks prior to the hearing. The initial notice shall appear 15 days prior to the hearing date. Notice shall.also be made by posting the property concerned. C. Board of Commissioners Action. Before taking such lawful action as it may deem advisable, the Board of Commissioners shall consider the Planning Board's recommendations on each proposed zoning amendment. If no recommendation is received from the Planning Board within thirty (30) days after public hearing by the Board of Commissioners, the proposed amendment shall be deemed to have been approved by the Planning Board. 16 0 65.4 Protest. In case, however, of a protest against such amendments signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change or of those immediately adjacent in the rear thereof extending one hundred (100) feet from the street frontage of such opposite lots, such amendment shall not become effective except by favorable vote of two thirds- (2/3) of all the members of the Board of Commissioners. 65.5 Violation and Penalties a. Any person, firm, or corporation violating any provision of this Ordinance shall be guilty of a misdemeanor. b. Where any building or structure exists, is proposed to be erected, constructed, reconstructed, altered, maintained, or used, or any land is used or is proposed to.be used in violation of this Ordinance, the Board of Commissioners may, in addition to other remedies provide by law, institute injunction, mandamus, abatement, or other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use. 17 ARTICLE SEVEN GENERAL PROVISIONS Section 70. Non -Conforming Uses Any building, structure, or use of land existing at the time of the enactment of this Ordinance, or any amendment thereto, in use for a purpose not permitted in the zoning district in which it is located shall be considered a non -conforming use. However: 70.1 An existing non -conforming use may be changed to another non -conforming use of the same or higher classification. For the purpose of this Ordinance the rank and order of uses from higher to lower shall be: residential, public, commercial, and industrial. 70.2 When a non -conforming use has been changed to a conforming use it shall not thereafter be used for any non -conforming use. 70.3 A non -conforming use may not be extended or enlarged, nor shall a non -conforming structure be altered except as follows: 0"i alterations as required b law or a. Structural a Q Y ordinance or as ordered by the Zoning Enforcement Officer to secure the safety of the structure are permissable. b. Maintenance and repair necessary to keep a non- conforming structure in sound condition are permissable. C. Existing single-family residential structures in business or industrial districts may be enlarged, extended or. structurally altered provided that no additional dwelling units result therefrom. However, any such enlargement, extension, or alteration shall comply with dimensional requirements of the RA- 20 District. d. Any existing building which is situated on a lot which at the time of adoption of this Ordinance is non -conforming in area, width, setback or side yard requirements may be enlarged as long as the non -conformity of such building is not increased. 18 • 0 70.4 A non -conforming use may not be re-established after discontinuance for a period of one -hundred eighty (180) days. 70.5 Reconstruction Prohibited. Nothing in this Ordinance shall be construed to prevent the restoration of a non -conforming building destroyed by fire, explosion, or other casualty or act of nature, or the public enemy, if such building is repaired, rebuilt or replaced within one hundred and eighty (180) days of the date of such damage or destruction. Section 71. Advertising Signs and Structures All advertising signs and stuctures, which include billboards and business signs as defined by this Ordinance, shall be approved by the Zoning Enforcement Officer and shall comply with the following regulations: 71.1 Location. No advertising sign or structure shall be erected, constructed or maintained so as,to interfere with vision clearance along any street, road, or highway or at any intersection or junction of two or more traffic arteries. Nor shall any advertising sign or structure be located within the street, road or highway right-of-way. 71.2 Illumination. No flashing, intermittent, red, green or yellow illumination shall be used on any sign or structure located in the same line of vision as a traffic control signal. Nor shall any flashing or intermittent sign be so arranged as to have the effect of partially blinding on -coming drivers. All illuminated signs or structures shall be placed as to prevent the light rays or illumination therefrom being cast directly upon residential dwellings. All advertising signs or structures with flashing or intermittent lights shall be located at least two - hundred (200) feet from residential district boundaries. 71.3 Maintenance. All advertising structures, together with any supports, braces, guys and anchors shall be kept in repair and in a safe state of preservation. All signs erected to serve temporary purpose shall be removed within thirty (30) days from the date the purpose ceased to exist. 71.4 Administration. The Zoning Enforcement Officer shall refuse a permit for the erection or construction of 19 an advertising sign or structure which does not meet Y g g the requirements of this section. The Zoning Enforcement Officer shall order the removal of any signs that are not constructed or maintained in accordance with the provisions of this section. Section 72. Off -Street Parking and Storage Off -Street automobile parking or -storage space shall be provided on every lot on which any of the following uses are hereafter established. At the time of the erection of any building, or at the time any principal building is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area, or before conversion from one type of use to another, permanent off-street parking space in the amount specified by this section shall be provided. Such parking space may be provided in a parking garage or properly graded open space. 72.1 Certification of Minimum Parking Requirements. Each application for a certificate of zoning compliances or certificate of occupancy'submitted to the Zoning Enforcement Officer shall include information as to the location and dimensions of off-street parking and loading space and the means of ingress and egress to such space. This information shall be in sufficient detail to enable the Zoning Enforcement Officer to determine whether the requirements of this section are met. 72.2 Combination of Required Parking Space. The required parking space for any number of separate uses may be combined in one (1) lot, but the required space assigned to one use may not be assigned to another use, except that one-half (1/2) of the parking space required for churches, theaters, or assembly halls whose peak attendance.will beat night or on Sundays may be assigned.to a use which will be closed at night or on Sundays. 72.3 Remote Parking Space. If the off-street parking space required by this Ordinance cannot reasonably be provided on the same lot on which the principal use is located, such space may be provided on any land within five hundred (500) feet or the main entrance to such principal use, provided such land is in the same ownership.as the principal use. Said land shall be used for no other purpose so long as no other adequate provision for parking space 0 meeting the requirements of this Ordinance has been 20 Ce made for the principal use. Remote parking property shall be owned by the same corporation or person as that of the principal use; to insure the continuing parking use of the remote area. 72.4 Water Related Establishments. If the applicant for a certificate of zoning compliance or certificate of occupancy can demonstrate satisfactorily that., the affected_ establishment generates or is expected- to. generate a substantial portion (>20%) of its revenues or visitor count from persons using waterways (boats) rather than highways (motor vehicles), the minimum required number of parking spaces may be reduced by a figure not to exceed 10% of otherwised required number. (See Note 1) 72.5 Requirements for Parking Lots in Residential Districts Where parking lots for more than five (5) automobiles are permitted or required in residential districts, the following provisions shall be complied with: (See Note 1) a. The lot may be used only for parking and not for any type of loading, sales, repair work, dismantling or servicing. b. All entrances, exits, barricades at sidewalks, and drainage works shall be approved by the Zoning Enforcement Officer prior to construction. c. A buffer strip as defined in Subsection 61.4 shall be required along all side and rear lot lines. d. Only one (1) entrance and one (1) exit sign not larger than four (4) square feet (eg. 2x2 or 1x4) prescribing parking regulations may be erected at each entrance or exit. No other signs shall be permitted.- 72.6 Minimum Parking Requirements. The required number of off-street parking.spaces specified below for each use shall be considered as the absolute minimum, Unless the "water -based" business rule applies, in which case an appropriate adjustment will be made. (See Note 1) 21 LAND USE Automobile sales and repair garages. Automobile Washeterias Bowling Alleys. REQUIRED PARKING SPACE One (1) space for each two (2) employees at maximum employment on single shift, plus two (2) spaces for each three hundred (300) square feet of repair maintenance space. One (1) space for each two (2) employees at maximum employment on a single shift. Reserve spaces equal to five (5 ) times the capacity of the facility at the location of ingress and egress. Two (2) spaces for each lane, plus one (1) additional space for each`` two (2) employees. Churches and Funeral Homes. One (1) space for each four 10 (4 ) seats —in in the main chapel. Elementary Schools and Junior High Schools, both public and private. Hospitals. Kindergartens or nurseries. Libraries. One (1) space for each classroom and administrative office. One (1) space for each four (4) patient beds plus one (1) space for each staff or visiting doctor plus one (1) space for each four (4) employees. One (1) space for each employee and four (4)spaces for off-street drop off and pickup. One (1) space for each four (4) seats provided for patron use. Medical Offices and Clinics: Four (4) spaces for each doctor practicing at the clinic, plus one (1) space for each employee. 22 Manufactured Homes. Motels, Hotels, tourist homes and tourist courts. Offices, _Business, professional or public including banks. Places of Public assembly, including private clubs and lodges, auditoriums, dance halls, pool rooms, theaters, stadiums, gymnasiums, amusement parks, community centers, and all similar places of public assembly. Rescue squads and armories. Two (2) spaces for each Manufactured Home. One (1) space for each accomodation plus two (2) additional spaces for employees. _...One (1) space for each 200 square feet of gross.floor area. One (1) space for each four (4) seats provided for patron use, plus one (1) space for each 100 square feet on floor or ground area used for amusement or assembly but not containing fixed seats. Parking space equivalent to three (3 ) times-t the floor space in the main building. Residential dwellings, Two (2) spaces for each single-family and two family. dwelling unit. Residential dwellings, multi- One and one-half (1/2) family. spaces for each dwelling unit. Restaurants, drive-in Parking space equivalent to five (5) times the floor space in the main building. Restaurants, indoor One (1) space for each three (3) seats or stools, plus .one (1) space for each two (2) employees on the shift. or. largest employment. Retail business and One (1) space for each 200 consumer services outlet. square feet of gross floor area. Sanitariums, rest and One (1) space for each six convalescent homes for the aged (6) patient beds, plus one and similar institutions. (1) space for each staff or visiting doctor, plus one ` (1) space for each four employees. 23 Senior High Schools, and Colleges, One (1) space for each ten both public and private. (10) students for whom the school was designed, plus one (1) space for each classroom and administrative office. Service Stations Shopping Centers Two (2) spaces for each gas pump plus three (3 ) .. apoces for each grease rack —.or similar facility. Three (3) square feet of parking space for each square foot of gross floor area. Wholesaling and Industrial uses One (1) space for each two (2) employees at maximum employment on a single shift. Section 73. Off -Street Loading and Unloading Space. Every building or structure used for business, trade or industry hereafter erected shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. Such space shall have access to an alley or, if there is no alley, to a street. For the purposes of this section an off-street loading space shall have a minimum dimension of twelve (12) feet by forty (40) feet and an overhead clearance of fourteen (14) feet in height above the alley or street grade. (A) Retail Operations One (1) loading space for each twenty -thousand (20,000) square feet of gross floor area or fraction thereof. (B) Industrial and One (1) loading space for each Wholesale Operations fifty -thousand (50,000) square feet of gross floor area or fraction thereof. Section 74. Administration 74.1 The Camden County Code Enforcement Officer is charged with the responsibility of enforcing this Ordinance. 74.2Powers and Duties of the Camden County Code CaEnforcement Officer. 24 0, The Code Enforcement Officer shall enforce the provisions of theOrdinances and regulations exactly as written. The Camden County Code Enforcement Officer shall have no powers of interpretation or for the granting of exceptions or variances. In any case of doubt as to the legality of a request for a Zoning Permit the Code Enforcement Officer shall deny the request. Appeal from decisions of the Code Enforcement Officer may be made to the Board of Adjustment. 74.3 Zoning Permit. a. No building, structure or part thereof designed or intended -to be used for other than farm purposes shall be erected or structurally altered, nor shall a manufactured home be located or relocated on a lot or space other than in a manufactured home park, nor shall any manufactured home, regardless of location, be structurally altered or accessory added thereto, nor shall any excavation or other land preparation be commenced nor shall land be used for'non-farm purposes until a Zoning Permit therefor has been issued by the Code Enforcement Officer. b. Each application for a Zoning Permit shall be made by the record owner of the affected land, and shall include a plat in duplicate, drawn to a suitable scale, showing accurate dimensions of the lot to be used, accurate location and dimensions of the structure or manufactured home to be erected, located, or altered and such other information necessary for the enforcement of this Ordinance. A statement of intended use of each lot, structure or manufactured home shall be - filed with each application. A careful record of all zoning permits and certificates of occupancy applications and supporting information, together with the action taken, shall be kept on file in the office of the Code Enforcement Officer. (See Note 1) 25 ARTICLE EIGHT ESTABLISHMENT OF DISTRICTS Section 80. Use Districts Named For the purpose of this Ordinance the County of Camden is hereby divided into use districts with the designations and purposes as listed below: -- A-O Agricultural Open Space RA-20 Residential -Agricultural District RA-20 (MH) Residential -Suburban District HC Highway Commercial District I Industrial (See _Note _1.) Section 81. DistrictBoundaries Shown on Zonin Maw The boundaries of the districts are shown on the map accompanying this Ordinance and made a part hereof entitled "Official Zonin Map. Camden County, North Carolina." The zoning map and all the notations, references and amendments thereto, and other information shown thereon are hereby made to part of this Ordinance the same as if such information set forth on the map were all fully described as -set out herein. The zoning map, properly attested, is posted at the Office of the Camden County Code Enforcement Officer, and is available for inspection by the public. (See Note 1) Section 82. Due Consideration Given to District Boundaries. In the creation of the. respective districts, careful consideration is given to the peculiar suitability of each and every district for the particular uses and regulations applied thereto, and the necessary and proper grouping and arrangement of various uses and densities of population in accordance with a well -considered comprehensive plan for -the physical development of the county. Section 83. Rules Governing Interpretation of District Boundaries Where uncertainty exist as to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply: 83.1 Where such district boundaries are indicated as approximately following street, alley, or highway lines, such lines shall be construed to be such boundaries. ey 83.2 Where district �! bowndiotelines suchare so nlotalinestshallthbe approximately folio construed to be said boundaries. 26 0 83.3 Where district boundaries are so indicated that they are approximately parallel to the center line of streets, alleys or highways, or the rights -of -way of same, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. 83.4 Where a district boundary line divides a lot or tract in single ownership, the district requirements for the least restricted portion of such lot or tract shall be deemed to apply to the whole thereof, provided such extensions shall not include any part of a lot or tract more than thirty-five (35) feet beyond the district boundary line. The terms "least restricted" shall refer to use restrictions, not lot or tract —size. 27 ARTICLE NINE USE REQUIREMENTS BY DISTRICT Section 90. Agricultural -Open Space District (A-O) Areas of prime agricultural and timber land are of great importance to the open, rural character of Camden County from both aesthetic and economic- standpoints.. _..Therefore,.the purpose of creating this agricultural open space district shall be: (1) to preserve the agricultural and forestry components of the county's economy. (2) to preserve the open character of the county as an important general amenity to all residents, and as an important factor in the county's economy. (3) to aid in controlling the location of urban -type development and concentrated residential development, thereby preserving the integrity of open space and limiting development to a pace consistent with the county's ability to provide utilities, schools, and other governmental services. (See Note 1) Residential subdivisions and manufactured home parks may not be established in this district. (See Note 1) 90.1 PERMITTED USES. All bonafied farm use as stipulated by state law such as: (1) Agricultural uses a. crop production b. livestock and poultry production C. fish farming d. vegetable and fruit (2) Hunting preserves (3) Recreational uses a. hiking b. fishing C. boating d. golf courses (4) Road -side farm markets 28 90.2 CONDITIONAL USES (See Note 1) The following uses shall be permitted subject to the following conditions: (1) A finding by the Board of Zoning Adjustments that the location and character of the use, if developed according'to the plan submitted and approved, will be in harmony with the neighboring area in which it is to be located, and in general conformity with the purposes underlying the Agricultural -Open Space District. (2) Any lots established must front existing roads - - or lanes and must meet RA-20 design standards. (A) Duplexes (B) Customary home occupations (C) Recreational uses (not previously listed) (D) Convenience Stores (E) County Services (sites and buildings) (F) Manufactured Homes subject to the following, additional conditions: (a) Before transporting or causing to be transported any manufactured home which the owner of the manufactured home intends to locate in Camden County on land other than an approved trailer park, a permit shall be acquired by the owner of the land upon which said mobile is to be located, from the Zoning Code Enforcement Officer. This permit shall expire 3 months from date of issuance. (b) Within 3 months of receiving a manufactured home permit, the permit holder shall permanently attach or cause to be permanently attached the manufactured home to a permanent foundation after removing any wheels from the manuufactured home. (c) The manufactured home shall be connected to water, sewarage, and electrical utilities in a permanent manner, and skirted. (G) Single family homes (except manufactured homes) outside platted subdivisions. 90.3 DIMENSIONAL REQUIREMENTS (See Note 1) Any lots must front on existing roads or lanes and Cmust meet RA-20 design standards. 29 Section 91. Residential -Agricultural Districts (RA-20, RA-20 MH) (See Note 1) The purpose of the Residential -Agricultural Districts is to provide for all types of residential, agricultural and related land uses in conditions of good health and safety; and to safeguard the investment and property value of existing and future development.. (A) RA-20 District This district is established as a district in which the principle use of land is for low density residential and agricultural purposes. The RA-20 District is intended to insure a healthful residential environment at a sufficiently low density in areas not having access to public water supplies and that are dependent on septic tanks for sewage disposal, Manufactured homes are not permitted in the RA-20 District. (B) RA-20 MH District The RA-20 MH District is similar to the RA-20 District; in every respect with regard to lot sizes and design standards. The RA-20 MH District, however, permits the location of individual manufactured homes on individual lots. Manufactured Home Parks are a conditional use in this district. 91.1 PERMITTED USES Single-family dwellings in compliance with 91 (A) and 91 (B). Any form of agriculture or horticulture, including the sale of products at a retail stand on the property where produced. Customary home occupations. Backyard workshops for building.tradesmen,, and small appliance repair shops, but excluding open storage. Churches and their customary related uses including cemeteries, provided that all buildings and graves shall be set back at least twenty (20) feet from any property line. Public or private parks, playgrounds, community centers,. clubs and lodges, golf courses, swimming pools, fishing lakes, family camp grounds, and similar recreation uses. 30 00 Public elementary and secondary schools, colleges and universities, and private schools having curricula approximatley the same as ordinarily given in public schools. Customary accessory uses and structures including private garages, swimming pools and other accessory structures in the rear yard where they shall not cover more than .thirty percent (30%) of said rear yard.- - Signs: (a) One (1) professional or announcement sign per lot for customary home occupations, kindergartens, and_._rest homes. Such signs shall not _-exceed three (3) square feet in area. No such sign shall be illuminated. (b) Church bulletin boards and signs announcing clubs and other recreation facilities and schools. Such signs shall be limited to one (1) per lot and eighteen (18) square feet in area. Such signs may be of the type which is lighted from behind to silhouette letters and figures. 91.2 CONDITIONAL USES The following uses shall be permitted subject to the additional conditions 0- listed below being met. (See Note 1) 10 Manufactured Homes Parks in the RA-20 (MH) District only, provided all requirements of Section 100 and 101 are satisfied. Kindergartens and day nurseries, provided that not less than one -hundred (100) square feet of the play area is provided for each child and provided further said aggregate play space is surrounded by a sturdy fence at least six (6) feet in height. Public safety facilities such as fire and police stations and rescue squad headquarters, provided that all vehicles and equipment shall be stored indoors; provided further, that all buildings shall be set back at least twenty (20) feet from all property line and shall be designed and landscaped in such a way as to blend in with the surrounding area. Public works and public utility facilities such as transformer stations, pumping stations, water towers, and telephone exchanges, provided: 31 (a) such facilities are essential to the service of the community and no vehicles or material shall be stored on the premises. (b) all buildings and apparatus shall 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 the surrounding area. Rest and convalescent homes not used primarily for the treatment of contagious diseases, alchoholics, drug addicts or psychotics. 91.3 (a) Dimensional Requirements for lots in RA-20 & RA-20 MH Districts. (See Note 1) Areas with public Areas with public Areas without water and sewer water only both Public water and sewer MIN. LOT AREA 11,250 square feet 15,000 square feet 20,000 square feet MIN. LOT WIDTH 75 feet 100 feet 100 feet MIN. LOT DEPTH 100 feet 100 feet 100 feet (Minimum lot area for building purposes must comply with Health Department Regulations.) 91.3 (b) Minimum Setback: with which no stucture shall be located. From front property line 20 From side property line 10 From rear property line 25 From side property line on corner lots 20 91.4 Maximum permissable lot coverage by the principal building and all accessory buildings shall not exceed twenty percent (20%) of the total lot area. 91.5 Accessory buildings shall not be erected in any required front or side yard or within twenty (20) feet of any street or highway line or within five (5) feet of any lot line not a street or highway line. An accessory building or usemaybe located not less than ten (10) feet from the principal building and five (5) feet from the rear yard •line. 91.6 Off-street parking shall be provided as required in Section 72 of this Ordinance. 32 PSection 94. H-C Highway Commercial District The H-C Highway Commercial District is established as a district in which the principal use of land is for the retailing of durable goods, the provision of commercial services to industrial areas, and the provision of services to the travelling public. 94.1 PERMITTED USES Apple packaging sheds. Assembly halls, coliseums, armories, ballrooms, and similar structures. - - Automobile repair garages, but excluding the open storage of wrecked or abandoned cars. Automobile and truck rentals. Automobile washing establishments. Bakeries and other establishments manufacturing or packaging food products for wholesale distribution. 0 Bicycle sales and repair shops. Boat and trailer works and sales. Bottling works. Bowling alleys and skating rinks, minature golf courses, riding stables, go-cart tracks, and other commercial recreation facilities. Building. material storage and sales yards, provided they are fenced by a solid fence not less than six (6) feet in height. Business signs and billboards, provided such are located within fifty (50) feet on any residential district, provided further that not more than one (1) billboard structure shall be allowed per one -hundred (100) feet or less of lot frontage in single ownership, with one (1) additional billboard structure allowed per additional one -hundred (100) feet of lot frontage. Cabinet, woodworking and upholstery shops. (0 % 33 0 Circuses, carnivals and revival grounds. Contractors' offices and storage yards, provided the latter are fenced by a solid fence not less than six (6) feet in height. Dairy products processing and distributing facilities, including dairy bars. Dry cleaning and laundering plants. Electrical supplies and equipment, sales and repairs. Farm machinery assembly, sales and repairs, provided all open storage areas are screened from view by a solid fence not less than six (6) feet in height. Feed and seed stores, hatcheries and feed mills. Freezer lockers and ice plants. Fruit stands and produce markets. Greenhouses and horticultural nurseries. Grocery Stores. Industrial supplies and equipment, sales and service, provided all open storage is fenced by a solid fence not less than six (6) feet in height. Industrial trade schools and research laboratories. Machine and welding shops. Manufactured home display lots. Monument works and sales. Motorcycle, lawnmower and power saw sales and services. Multi -family dwellings (Not to exceed 12 units per acre) (See Note 1) • Plumbing and heating supply houses, provided 34 • to, f-I all open storage is fenced by a solid fence not less than six (6) feet in height. Second-hand stores and swap shops. Sheet metal, roofing, plumbing and heating and refrigeration shops, but excluding open storage unless it shall be fenced by a solid fence not less than.six (6) feet in height. Sign painting and fabricating shops. Tire recapping shops. Trucking terminals, transfer companies. Woodworking shops. Wholesale and warehousing establishments. Wholesale storage of gasoline and oil products including open storage, provided the area devoted to open storage is�enclosed by a solid fence not less than six (6) feet in height. 94.2 CONDITIONAL USES. The following uses shall be permitted subject to a finding by the Board of Adjustment that the additional conditions listed below will be met: Animal hospitals, provided no pens or kennels are located closer than twenty (20) feet to any property line, and similar veterinary uses. Mixed uses, i.e., buildings erected for both dwelling and business purposes, provided such buildings shall be furnished with side yards on each side of the building measuring not less than eight (8) feet in width; provided, however, that this regulation shall not apply to the street side of a corner lot. Manufactured homes, on individual lots meeting RA-20-MH design standards. Single- family dwellings, provided they meet the same area, yard, and height, parking and sanitary requirements as are required of such dwellings in the RA-20 Residential - Agricultural District. 35 Theaters, drive-ins provided that: (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. 94.3 DIMENSIONAL REQUIREMENTS. Within the H-C Highway Commercial District, as shown on the zoning map, the following dimensional requirements shall be complied with: 94.31 Minimum lot area and yard requirements shall be: is (a) Twenty -thousand (20,000) square feet lot area. (b) One -hundred (100) feet minimum mean lot width. (c) Fifty (50) feet minimum front yard. (d) Ten (10) feet minimum side yard setback and twenty (20) feet minimum rear yard setback. 94.32 The total ground area covered by the principal building and all necessary buildings shall not exceed fifty percent (50%) of the total lot area. 94.33 No building shall exceed thirty-five (35) feet in height unless the depth of the front and total width of the side yards required herein shall be increased by one (1) foot for each two (2) feet, or fraction thereof, of building height in excess of thirty-five (35) feet. Height shall be measured from the height of actual ground level or, in Flood Zone areas, from minimum M . approved building elevation as estimated by National Flood Insurance programs. 94.34 Buildings constructed or converted to uses permitted in this district shall provide off-street loading and unloading space as required in Section 73 of this Ordinance. 94.35 Off-street parking_space shall be provided as required in Section 72 of this Ordinance. Section 96. I Industrial District. (See Note 1) The I Industrial District is designed to accomadate all but the most obnoxious industries. However, it is expected that industries permitted here by right, as well as thos permitted conditionally, will minimize their emission of _smoke, dust, fumes, glare, noise and vibrations. 96.1 PERMITTED USES. Air conditioning and heating equipment manufacturing. toAircraft and missiles manufacturing. Airports. Alcohol and alcohol beverages manufacturing. Amusement, recreational and sporting goods manufacturing. Animal hospitals. Apparel and clothing manufacturing, including hosiery. Assembly halls, armories, coliseums, ballrooms and similar structures. Auction sales, except livestock. Automobile parking lots and structures. Automobile parts and accessories manufacturing. Automobile repair garages, including body works, but excluding open storage of wrecked cars unless they are enclosed by a solid fence at least six (6) feet in height. 37 Bakeries and other establishments manufacturing prepared food products for wholesale distribution. Banks and other financial institutions, including loan and finance companies. Barber and beauty shops. Bedding and brake linings, manufacturing. Boat and trailer works and sales. Book binding. Bottling works. Bowling alleys and skating rinks. Brick, tile and pottery yards. Building materials storage and sales yards, provided all open storage is fenced by a solid fence not less than six (6) feet in height. IsBuilding materials and specialties manufacturing. Business machines manufacturing. Business signs and billboards, provided such are not located with fifty (50) feet of any residential district, provided further that not more than one (1) billboard structure shall be allowed per one -hundred (100) feet or less of lot frontage in single ownership with one (1) additional billboard structure allowed per additional one -hundred (100) feet of lot frontage. .Cabinet, casket,,woodworking and upholstery shops. Cafeterias and snack bars to serve employees of the industrial concern in which they -are employees. Candy and confectioneries manufacturing. Carbon and battery products manufacturing. Chemical manufacturing, household or industrial. Circuses, carnivals and fairs. Coal and wood yards, pole treating plants. Coffee, tea and spices processing. W. Concrete and asphalt products plants. Contractors' offices and storage yards, provided all open storage is fenced by a solid fence not less than six (6)'feet in height. Dairy products processing and distributing facilities. Drugs, medicines and cosmetics manufacturing. Dry Cleaning and laundry plants. Electrical appliances and electronic equipment manufacturing. Electrical supply houses and repair shops. Exterminators. Farm machinery assembly, sales and repairs. Feed and seed stores and hatcheries. Fertilizer manufacturing and sales. Felt and sandpaper manufacturing. Flour and feed mills. Food stores, fruit stands and produce markets. Foundries producing iron, steel, copper, brass, and aluminum products. Freezer lockers and ice plants. Furniture manufacturing. Glass, ceramic and tile manufacturing. Greenhouses and horticultural nurseries. Hardware and housewares manufacturing. Industrial supplies and equipment, sales and services provided all open storage is fenced by a solid fence not less than six (6) feet in height. Ink manufacturing. Insulation materials and wallboard manufacturing. Industrial trade schools and research laboratories. 39 Laboratories for researching and testing of products the manufacturing or processing of which is premitted in this district. Leather products, including luggage and shoe manufacturing. Light machine tool manufacturing. Livestock sale barns. Machine and welding shops. Machinery tool manufacturing. Manufactured home display areas. Meat packing and poultry processing plants. Metal fabricating plants, including boiler and tank works. Monument works and sales. . Motorcycle, lawnmowers, and power saw sales and service. Musical instruments manufacturing. Offices pertaining to any permitted use. Oilcloth and linoleum manufacturing. Outdoor recreation uses such as minature and par-3 golf courses, go-cart tracks, and riding stables. _.. Paper products manufacturing. .Pickle processing. Plastics products manufacturing. Plating works. Plumbing and heating supply houses, provided all open storage is fenced by a solid fence not less than six (6) feet in height. Pottery, porcelain or vitrecose shina manufacturing. Precision instruments and jewlery manufacturing. 40 Printing, engraving and publishing establishments. Public safety facilities such as fire and police stations and rescue squads. Public works and public utility facilities, including service and storage yards, provided they are fenced by a solid fence not less than six (6) feet in height. Radio and television stations, studios and towers. Restaurantss, including drive-in restaurants. Rodenticides, insecticides and pesticides manufacturing. Rubber products manufacturing. Sawmills, planning mills, pallet and basket factories. Seafood processing. Second-hand stores and swap shops. Service stations, including major repair work, provided that all gasoline pumps shall be located at least twelve (12) feet behind the property line.) Sheet metal, roofing, plumbing, heating and refrigeration shops. Sign painting and fabricating shops. Soap, detergent and washing compounds. Textile and cordage manufacturing. Tire recapping shops. Trailer manufacturing. Trucking terminals. Vinegar and yeast manufacturing. Wholesale and warehousing establishments, except for the storage of dangerous or offensive items such as uncured hides and explosives. 41 �( Wholesale storage of gasoline and oil products, including bottled gas and oxygen. Windows and doors manufacturing. Customary accessory uses and structures, including open storage, provided the area devoted to open storage is enclosed by a fence at least six (6) feet in height. 96.2 CONDITIONAL permitted Adjustment below will USES. subject that be met: The following uses shall be to a finding by the Board of the additional conditions listed Automobile wrecking yards or junk yards and similar types of used material industries when conducted within a structure or on a lot enclosed by a solid fence at least six (6) feet in height, and provided further that the Board of Adjustment finds that such wrecking yard or used material industry will have no injurious affects on the interest or welfare. Extractive Uses - subject to restriction noted in Section 102 Manufacturing uses not otherwise named herein, subject to a finding by the Zoning Board of Adjustments that such use will not likely be dangerous or detrimental to the health, safety, welfare, or general character of this zoning district or of the community. 96.3 Dimensional Requirements. Within the H-I Heavy Industrial District, as shown on the zoning map, the following dimensional requirements shall be complied with: (1) No building shall be less than forty (40) feet from the right-of-way line of a street or highway. No other yards are required except that where the rear yard of a lot abuts a residential district, there shall be a twenty-five (25) foot rear yard clearance and where a lot abuts a side yard clearance of at least fifteen (15) feet. In cases where a side yard, not required, is provided it shall be at least eight (8) feet in width. (2) Buildings constructed or converted to uses permitted in this district shall provide off-street loading 42 (0 and unloading space as required in Section 73 of this Ordinance. (3) Off-street parking space shall be provided as required in Section 72 of this Ordinance. (4) Prior to the issuance of a permit of occupancy the Camden County Enforcement Officer shall be in possession of written assurances from official of the County, North Carolina State, and Federal governments stating that water systems and pollution abatement systems have been properly installed and inspected, and are of sufficient capacity to handle projected loads with a reasonable margin of safety. 43 ARTICLE TEN MISCELLANEOUS Section 100. Manufactured Home Parks. (See Note 1) Approved manufactured home parks shall be permitted as a Conditional Use in the following districts: RA-20 MH. 100.1 The minimum area for a manufactured home park is to be at least ten acres and provide for a minimum of 50 manufactured home spaces. 100.2 Each manufactured home in a manufactured home park shall occupy a designated manufactured home space of at least 5,000 square feet, with a width of at least 50 feet, exclusive of common driveway. 100.3 Driveways shall be graded and surfaced with not less than ,four (4) inches of crushed stone or other suitable material on a well compacted sub -base to a continuous width of 25 feet exclusive of required parking space. 100.4 Two off -driveway parking spaces surfaced with no less than four (4) inches of crushed stone or other suitable material on a well compacted sub -base be provided for each manufactured home space. Required parking space may be included within the 5,000 square feet required for each manufactured home space. 100.5 At least 200 square feet of recreation space for each manufacturedhome space be .reserved within each manufactured home park as common recreation space for the residents of the park. If the park is located on property fronting on the Albemarle Sound, North River, or Pasquotank River or its tributaries, the common recreation area shall provide access to the water. Minimum of 100 feet of waterfront area shall be provided. 100.6 All central facilities in a manufactured home park, such as wash and laundry rooms, garbage pickup stations, recreation or meeting halls be made accessible to each manufactured home space by means of a walk way at least three (3) feetwide, surfaced with crushed stone or other suitable all-weather material exclusive of common dirt or clay. 100.7 All driveways and walkways be adequately lighted for co safety. 44 100.8 No manufactured homes or other structures within a manufactured home park be closer together than 12 feet, except that storage or other auxiliary structures for the exclusive use of a manufactured home may be closer to that manufactured home than 12 feet. Such auxiliary structures. may not be so located as to interfere with removal of the manufactured home in the event of fire or other imminent disaster. Water. and waste disposal facilities for .each manufactured. - home in a manufactured home park must be approved in writing by the District Health Officer, with one copy of each approval to be kept on file in -the Zoning Office. 100.10 No manufactured home nor accessory thereto, shall be located nearer to a lot line than is permitted by the RA- 20 MH district. 100.11 Plans clearly indicating compliance with the provisions of this Section shall be approved in writing by the Planning Board in advance of permit issuance. In granting such approval. The Zoning Board of Adjustments shall have the authority to impose such reasonable conditions and safeguards as it may deem necessary for the protection of adjoining properties and the public interest. Section 101. Manufactured Home License Required. (See Note 1) 101.1 It shall be unlawful for any person to locate a manufactured home in any zoned area of Camden County after the effective date of this Ordinance except under the following conditions: a. That it be located in an approved Manufactured Home Park, or b. That it be located on an acceptable lot in an RA- 20 MH District, that 'it be approved as a conditional use in the AO Zone, or c. A permit to allow one manufactured home may be approved by the Zoning Board of Adjustments in any area provided the manufactured home is located to the rear or side, and on the same lot or parcel of a principal residential building, and dimensional requirements for two dwellings are complied with; and provided further that such manufactured home does not encroach upon the required yards or open space of the principal dwelling. The Zoning Board of Adjustments shall f., not approve -such permit until the Camden Health Department has approved the method of sewage disposal for the manufactured home. 45 d. A permit for temporary free-standing home or a travel trailer as office quarters for firms engaged in the construction of buildings, highways, etc., and firms engaged in trucking operations that require temporary office quarters may be approved by the Planning Board for a period not to exceed six months. This permit may be renewed for one additional six -months period by the Planning Board. Section 102. Extractive Operations (See Note 1) Extractive operations including quarrying, the removal of sand, gravel, minerals, clay, soil, topsoil, and similar operations for non-agricultural purposes shall be permitted in the industrial district as a conditional use subject to the following terms and conditions: 102.1 Buffer strip No excavating, storage, processing, or truck loading shall be conducted within 100 feet of any property line or highway right-of-way. 102.2 Blasting Normally, blasting operations shall be conducted only between the hours of 8:00 AM and 5:00 PM, except when mining safety standards as defined by the United States Bureau of Mines dictate otherwise. Furthermore, all blasiting, drilling and other sources of noise, vibrations, flying debris, and dust shall be conducted in such a way as to cause the minimum nuisance or hazard to adjacent or neighboring properties at any time. 102.3 Nuisance or Hazard All blasting, drilling, and other sources of noise, vibrations, flying debris, and dust shall be conducted in such a way as to cause no nuisance or hazard to adjacent or neighboring properties. 102.4 Stream Pollution At no time shall extractive or processing operations result in an effluent or discharge wich discolors, "muddles up," or otherwise pollutes any stream or water course. .All effluent or discharge from extractive or processing operations shall be treated 46 if necessary by techniques approved by the State Stream Sanitation Committee. 46 0 102.5 Stream Flow No extractive use of processing shall impede the normal.flow of any stream or water course. 102.6 Flooding No extractive use or processing shall be conducted in such a way as to produce -a flooding hazard to adjacent or neighboring properties at any time. Dikes, dams, or other barriers necessary to prevent such, flooding such be erected before beginning said operations or as necessary during the course of such operations. These barriers shall.afford the same protection as if no excavation or processing had been made. 102.7 Public Road or Bridge No extractive use shall be conducted in a manner which may undermine a public road or bridge. 102.8 Fencing Areas being excavated shall -be enclosed with a cyclone type fence no less than six feet in height, of wire mesh, located no less than 10 feet from the excavation edge, wherever in the determination of the Zoning Officer it shall be necessary for safety. 102.9 Rehabilitation Plan A rehabilitation plan for each extractive use site shall be approved by the Planning Board prior to the. issuance of a zoning permit. (a) Plans for the. continual transformation of extractive area to gently rolling surface .topography as each portion of the extractive site is."mine out" and operations are moved to new portions of the extractive site. Slopes in such area of discontinued operations shall not exceed 15% in grade except in areas where rock or other conditions would cause the creation of such slopes to be an extreme burden and hardship. In no case shall any surface slope have a grade.in excess of 50% when extractive or processing operations have been terminated. (b) All buildings, structures, equipment and. stockpiles shall be removed from areas of discontinued extractive -operations. 47 (c) All areas of discontinued extractive operations shall be covered with soil of a type which will support the growth of vegetation, and shall be planted with grasses, legumes, trees, or other planting in such a way as to minimize wind and water erosion in such area where the Planning Board shall determine such covering to be practical. -- - - (d) All -extractive uses -existing- on the effective date of this Ordinance, whether actually in operation of said date or not, shall within 90 days of said date or 90 days of resuming operations, whichever is greater, present a rehabilitation plan to the Planning Board for its consideration. (e) Said rehabilitation plan shall include estimates of any and all costs necessary to carry it out. Said cost estimates including those covering modifications which the Planning Board may request shall be certified by a civil engineer licensed to practice in the State of North Carolina, the Camden Soil and Water Conservation District or its designated represenatives, or other authority acceptable to the Planning Board. (f) A performance bond in the amount of said estimated costs shall be posted with the County Planning Board to insure the making of improvements called for in said reahbilitation plan. Portions of said bond may be released by the Planning Board upon satisfactory evidence by the Zoning Officer that portions of the plan have been completed. All portions of said bond shall be released by the Planning Board within 15 days after presentation of satisfactory evidence that the rehabilitation plan has been completed in all particulars. SECTION 103. FP Flood Plain Zone In addition to the applicable zoning regulations established by this Ordinance, all uses in -the Flood•Plain Zones must comply with NFIP regulations, as adopted by Camden County on July 15, 1985. The areas covered by this district consist of all Zone A areas as identified on the NFIP map for Camden County (December 4, 1985 Edition). (See Note 1) 48 (D re (6 NOTES 1. This Section is amended as of October 01 1986. 49