Zoning Ordinance Revised Draft-1984

"DRAFT"
' ZONING; ORDINANCE
OF THE
COUNTY OF CHOWN, NORTH CAROLINA
z
' DCM COPY DCM COPY
lease do not remove!!!!!
' Division of Coastal Management Copy
DUNE, 1984
' 'she preparation of this report was financially
aided through a federal grant from the National
' Oceanic and Atmospheric Administration_ she grant
was made through the North Carolina Department of
Natural Resources and Community Develooment.
Talbert, Cox & Associates, Inc.
Engineers, Architects and Planners
Wf
ATLANTA,GA BLOUNTVILLE,TN CHARLOTTE, NC COLUMBIA,SC
NASHVILLE,TN RALEIGH, NC WILMINGTON, NC

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ZONING ORDINANCE
OF THE
COUNTY OF CHOWAN, NORTH CAROLINA
JUNE, 1984
(Revised Draft)
6-25-84
The preparation of this report was financially
aided through a federal grant from the National
Oceanic and Atmospheric Administration The grant
was made through the North Carolina Department of
Natural Resources and Community Development.

DRAFT ZONING ORDINANCE
PREPARED FOR
CHOWAN COUNTY, NORTH CAROLINA
CHOWAN COUNTY BOARD OF COMMISSIONERS
Alton G. Elmore, Chairman
Joe Hollowell
Mrs. Clara Boswell
Mrs. Barbara Ward
C. A. Phillips
PREPARED BY
CHOWAN COUNTY PLANNING BOARD
Tony Webb, Chairman
T. D. Berryman
A. C. Hudson
Mrs. April Lane
Marvin Smith
W. Percy White
Mrs. Mary Nixon
PLANNING ASSISTANCE PROVIDED
BY
T. Dale Holland, AICP Project Manager
Talbert, Cox & Associates, Inc.
Kenneth Weeden, APA Project Planner
Talbert, Cox & Associates, Inc.

'
ZONING ORDINANCE
OF THE
COUNTY OF CHOWAN
TABLE OF CONTENTS
Page
ARTICLE I.
TITLE,
ENACTMENT & PURPOSE . . . . . . . . .
. . 1
Section
1.01
- Title and Enactment . . . . . . . .
1
Section
1.02
- Short Title . . . . . . . . . . . .
1
Section
1.03
- Purpose . . . . . . . . . . . . . .
. . 1
ARTICLE II.
ESTABLISHMENT OF ZONING DISTRICTS AND
PROVISION OF ZONING MAP . . . . . . . . .
. . 1
Section
2.01
- Official Zoning Map . . . . . .
. . 1
'
Section
2.02
- Zoning Map Changes . . . . . .
. . 2
Section
2.03
- Replacement of Official Zoning Map .
. . 2
Section
2.04
- Responsibility for Maintenance of
'
the Official Zoning Map . . . . . .
. . 3
Section
2.05
- Rules for Interpretation of
Zoning District Boundaries . . . . .
. . 3
'
ARTICLE III.
EXEMPTIONS . . . . . . . . . . . . . .
. . 4
Section
3.01
- Bona Fide Farm Operations Exempt . .
. . 4
'
ARTICLE IV.
DEFINITION OF TERMS . . . . . . . . . . . .
. . 4
Section
4.01
- General Interpretation . . . . . . .
. . 4
Section
4.02
- Word and Term Definitions . . . . .
. . 4
'
ARTICLE V.
ESTABLISHMENT OF ZONING DISTRICTS . . . . .
. . 12
Section
5.01
- Districts Established . . . . . .
. . 12
Section
5.02
- R-15, Residential District . . . . .
. . 12
'
Section
5.03
- R-25, Residential District . .
. 12
Section
5.04
- R-MH25, Residential District . . . .
. . 12
'
Section
Section
5.05
5.06
- B-1, Commercial District . . . . . .
- I-1, Industrial District . . . . . .
. . 13
. . 13
Section
5.07
- A-1, Agricultural District . . . . .
. . 13
' ARTICLE VI. APPLICATION OF GENERAL REGULATIONS . . . . . . 13
Section 6.01 - Use
Section 6.02 - Only One Main Building, One Main Use
on Lot & Orientation of a Building . .
. 13
'
Section
6.03
- Minimum Yards . . . . . . . .
. 13
Section
6.04
- Lot Subdivision . . . . . . . . . .
. . 14
'
Section
6.05
- Certificate of Occupancy . . . . . .
. . 14
ARTICLE VII.
DISTRICT REGULATIONS . . . . . . . . . . .
. . 14
Section
7.01
- Table of Permitted Uses . . . . . .
. . 14
I
Section 7.02 - Notes to the Table of Permitted Uses . . 24

Zoning Ordinance
Table of Contents, cont'd.
Page 2
ARTICLE VIII. TABLE OF AREA, YARD AND HEIGHT . . . . . . . 26
Section 8.01 - Notes to the Table of Area, Yard
& Height Requirements . . . . . . . . . 27
ARTICLEIV. SPECIAL USES . . . . . . . . . . . . . . . . . 30
Section 9.01 - Objectives & Purpose . . . . . . . . . . 30
Section 9.02 - Procedure for Special Use Permits
Approved by the Board of Adjustment 30
ARTICLE X. OFF-STREET PARKING AND OFF-STREET LOADING
REQUIREMENTS. . . . . . . . . . . . . . . . . 39
Section 10.01 - General Regulations . . . . . . . . . . 39
ARTICLE XI.
SIGN
REGULATIONS
42
Section
11.01
- General Regulations
42
Section
11.02
- Projecting Signs & Devices . . . . . .
. 43
Section
11.03
- Area Computation . . . . . . . . . . .
. 43
Section
11.04
- Sign Illumination . . . . . . . . . .
. 43
Section
11.05
- Conditional Setback . . . . . . . .
. 44
Section
11.06
- Permanent Subdivision Sign
Regulations . . . . . . . . . . . . .
. 44
Section
11.07
- Signs Not Requiring a Permit From
the County Building Inspector . . . .
. 44
Section
11.08
- Outdoor Advertising Signs . . . . . .
. 45
Section
11.09
- Public Service Information Signs . . .
. 46
Section
11.10
- Business Identification Signs . . . .
. 46
Section
11.11
- Table of Business Sign Requirements .
. 47
ARTICLE XII.
AIRPORT HEIGHT RESTRICTIVE AREAS . . . . . .
. 48
Section
12.01
- Airport Height Restrictive Areas
Established as Supplementary . . . . .
. 48
Section
12.02
- Intent . . . . . . . . . . . . . . . .
. 48
Section
12.03
- Definitions . . . . . . . . .
. 48
Section
12.04
- Airport Zone Height Limitations
. 50
Section
12.05
- Use Restriction
. 51
Section
12.06
- Nonconforming Use . .
. 51
Section
12.07
- Permits . . . . .
. 51
ARTICLE XIII.
NONCONFORMING SITUATIONS . . .
53
Section
13.01
- Definitions o. . . . .
54
Section
13.02
- Continuation of Non -Conforming
Situations & Completion of Non -
Conforming Projects . . . . .
55
Section
13.03
- Nonconforming Lots . . . . . .
55
Section
13.04
- Extension or Enlargement of
Nonconforming Situations . . .
55
Section
13.05
- Change in Kind of Nonconforming Use
57

' Zoning Ordinance
Table of Contents, cont'd.
Page 3
Section 13.06 - Abandonment or Discontinuance of
Nonconforming Situations . . . . . . . . 58
Section 13.07 - Termination of Nonconforming
' Situations . . . . . . . . . . . . . . . 59
Section 13.08 - Completion of Nonconforming Projects . . 59
ARTICLE XIV. CERTIFICATE ISSUANCE . . . . . . . . . . . . 61
' Section 14.01 - Zoning Certificate . . . . . . . . . 61
Section 14.02 - Certificate of Occupancy/Compliance 61
Section 14.03 - Compliance with State Guidelines for
Areas of Environmental Concern . . . . . 62
Section 14.04 - Penalties for Violations . . . . . . . . 62
' ARTICLE XV. BOARD OF ADJUSTMENT . . . . . . . . . . . . 62
Section 15.01 - Composition of the Board of Adjustment
Pursuant to N.C.G.S. Chapter 943,
Session Laws of 1973 . . . . . . 62
'
Section
15.02
- Jurisdiction of Board of Adjustment
62
Section
15.03
- Rules for Proceedings of the Board of
Adjustment . . . . . . . . . . . .
. 62
Section
15.04
- Powers of Board . . . . . . . . .
. 63
'
Section
15.05
- Appeal to the Board of Adjustment . .
. 65
Section
15.06
- Appeal from Decision of the Board of
Adjustment . . . . . . . . .
. 65
'
ARTICLE XVI.
AMENDMENT PROCEDURE
Section
16.01
- Amendment by Own Motion
. 65
' Section 16.02 - Amendment by Petition . . . . . . . : . 65
Section 16.03 - Protest to Amendment . . . . . . 66
' ARTICLE XVII. LEGAL STATUS PROVISION . . . . . . . . . 66
Section 17.01 - Validity . . . . . . . . . . . . 66
Section 17.02 - Effective Date . . . . . . . . . . . . . 66
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' ZONING ORDINANCE
OF THE
COUNTY OF CHOWAN, NORTH CAROLINA
' ARTICLE I. TITLE, ENACTMENT, AND PURPOSE
ISECTION 1.01 - TITLE AND ENACTMENT
' AN ORDINANCE, IN PURSUANCE OF THE AUTHORITY GRANTED BY THE
NORTH CAROLINA GENERAL STATUTES, ARTICLE 18, CHAPTER 153A-340, FOR
THE PURPOSES OF PROMOTING THE PUBLIC HEALTH, SAFETY, MORALS, AND
GENERAL WELFARE; TO PROVIDE FOR THE ESTABLISHMENT OF ZONING DIS-
TRICTS WITHIN THE COUNTY; TO REGULATE WITHIN THOSE DISTRICTS THE
HEIGHT OF TREES AND THE LOCATION, HEIGHT, BULK, NUMBER OF STORIES,
AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE PERCENTAGE OF LOT
THAT MAY BE OCCUPIED, THE REQUIRED OPEN SPACE, THE DENSITY OF
POPULATION, AND THE USES OF LAND, BUILDINGS, AND OTHER STRUCTURES;
TO PROVIDE METHODS OF ADMINISTRATION OF THIS ORDINANCE; TO PRE-
SCRIBE PENALTIES FOR THE VIOLATION THEREOF; AND TO SUPERSEDE ANY
ORDINANCES IN CONFLICT HEREWITH.
NOW THEREFORE, the Board of Commissioners of the County of
' Chowan, North Carolina, does hereby ordain and enact into law the
following Articles and Sections, this the _ day of , 1984.
' SECTION 1.02 - SHORT TITLE
This ordinance shall be known as the "Zoning Ordinance." The
map herein referred to, which is identified by the title "Official
Zoning Map of Chowan County, North Carolina," shall be known as
the "Zoning Map."
SECTION 1.03 - PURPOSE
In accordance with the provisions of Chapter 153A, Article
' 18, and Chapter 63, Article 4, of the General Statutes of North
Carolina, and for the purposes more fully set out in those chap-
ters, the Board of Commissioners of the County of Chowan, North
Carolina, adopts this ordinance to provide for the orderly growth
and development of the County.
ARTICLE II. ESTABLISHMENT OF ZONING DISTRICTS AND PROVISION FOR
' ZONING MAP
' SECTION 2.01 - OFFICIAL ZONING MAP
For the purposes of this ordinance, the Chowan County zoning
jurisdiction is hereby divided into zones or districts as shown on
' the "Official Zoning Map of Chowan County, N.C.," which, together
with all explanatory matter thereon and the height limitation
areas as specified on the Edenton Municipal Airport Noise Impact

and Land Use Control (ANILUC)
Base Map, are hereby adopted by
reference and declared to be
a part of
this ordinance.
'
The Official Zoning Map
shall be
identified by the signature
of the Chairman of the County
Board of
Commissioners and attested
by the County Clerk and bear
the seal
of the County under the
'
following words:
"This is to certify that
this is
the Official Zoning Map
referred to in Article II
of the
Zoning Ordinance of Chowan
'
County, N.C.," together
with the
date of adoption of this
ordinance.
' The Offical Zoning Map, which shall be located in the Chowan
County Courthouse and recorded in the Chowan County Register of
Deeds Office, shall be the final authority as to the current zon-
ing status of land and water areas, buildings, and other struc-
tures in the zoning jurisdiction of Chowan County.
1 SECTION 2.02 - ZONING MAP CHANGES
If, in accordance with Article XVII of this ordinance,
changes are made in the zoning district boundaries or other matter
shown on the map, such changes shall be made, together with an
entry on the map, as follows.
' "On (date), by official action of the Chowan County Board of
Commissioners, the following changes were made in the Offi-
cial Zoning Map: (brief description of change)."
The entry shall be signed by the Chairman of the County Com-
missioners and attested by the County Clerk. No amendment to this
ordinance which involves a matter portrayed on the map shall be-
come effective until after such change and entry have been made on
said map. The Board of Commissioners shall give official notice
of the zoning change to the zoning administrator within twenty-
four (24) hours after passage of said change.
SECTION 2.03 - REPLACEMENT OF OFFICIAL ZONING MAP
In the event that the official zoning map becomes damaged,
destroyed, lost, or difficult to interpret, the Board of Commis-
sioners, may, by ordinance, adopt a new official zoning map which
shall be the same in every detail as the map it supersedes. The
new map shall bear the signatures of the Chairman of the Board of
Commissioners and the County Clerk and shall bear the seal of the
County under the following words"
"This is to
'
and replaces
adoption of
tion of the
certify that this Official Zoning Map supersedes
the Official Zoning Map adopted on (date of
map replaced)" --together with the date of adop-
new map."
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' SECTION 2.04 - RESPONSIBILITY FOR MAINTENANCE OF THE OFFICIAL
ZONING MAP
The zoning administrator shall be responsible for the main-
tenance of and revision of the official zoning map. Upon notifi-
cation by the Board of Commissioners that a zoning change has been
' made, the zoning administrator shall make the necessary changes on
the official zoning map within twenty-four (24) hours following
notification.
SECTION 2.05 - RULES FOR INTERPRETATION OF ZONING DISTRICT
BOUNDARIES
Where uncertainty exists with respect to the boundaries of
any of the districts as shown on the "Official Zoning Map of
Chowan County, North Carolina," the following rules shall apply:
' 1. Boundaries indicated as approximately following the cen-
terlines of streets, highways, alleys, or railroads shall
' be construed to follow such centerlines;
2. Boundaries indicated as approximately following platted
lot lines shall be construed as following such lot
lines;
3. Boundaries indicated as following shorelines shall be
' construed to follow such shorelines, and in the event of
change in the shoreline shall be construed as moving with
the actual shoreline; boundaries indicated as approxi-
mately following the centerlines of streams, rivers,
canals, lakes, or other bodies or water shall be con-
strued to follow such centerlines;
4. Boundaries indicated as parallel to or extensions of
features indicated in Subsections 1 through 4 above shall
be so construed. Distances not specifically indicated on
' the official zoning map shall be determined by the scale
of the map;
5. Where physical or cultural features existing on the
ground are at variance with those shown on the official
zoning map, or in circumstances not covered by Subsec-
tions 1 through 5 above, the Board of Adjustment shall
interpret the district boundaries;
6. Where a district boundary line divides a lot which was in
single ownership at the time of passage of this ordi-
nance, the Board of Commissioners may permit, as condi-
tional use, the extension of the regulations for either
portion of the lot, not to exceed fifty (50) feet beyond
' the district line into the remaining portion of the lot.
In addition, the remaining parcel shall not be less than
the minimum required for the district in which it is
' located.

ARTICLE III. EXEMPTIONS
SECTION 3.01 - BONA FIDE FARM OPERATIONS EXEMPT
' This ordinance shall in no way regulate, restrict,or prohibit
bona fide farm and its related uses, but any use of such property
' for non -farm purposes shall be subject to such regulations.
ARTICLE IV - DEFINITIONS OF TERMS
' SECTION 4.01 GENERAL INTERPRETATION
' For the purpose of interpreting this ordinance, certain words
and terms used are defined in this section. Except as defined in
this section all other words used in this ordinance shall have
their standard dictionary definition. For general interpretation
the following shall apply in all uses and cases in this ordi-
nance:
' 1. The present tense includes the future tense, and the
future tense includes the present tense.
' 2. The singular number includes the plural number and the
plural number includes the singular number.
3. The word "may" is permissive, and the word "shall" is
mandatory.
4. The word "person" includes a firm, association, organiza-
tion, partnership, trust, company or corporation as well
as an individual.
5. The words "used" or "occupied" include the words "inten-
ded, designed or arranged to be used or occupied."
SECTION 4.02 - WORD AND TERM DEFINITIONS
Accessory Use of Structure. A use or a structure on the same lot
with, but of a nature customarily incidental and subordinate to,
the principal use or structure.
Airport: A tract of land or water with facilities for aircraft
' landing, take -off, shelter, supply and repair. Often used for
receiving and discharging passengers and cargo.
' Alley: A roadway easement which affords only a secondary means of
access to abutting property and is not intended for general traf-
fic circulation.
' Alter: To make any structural changes in the supporting or load -
bearing members of a building, such as walls, columns, beams,
girders or floor joints.

Apartment: A room or suite of one or more rooms, each of which
have kitchen facilities, and are designed or intended to be used,
as an independent unit, on a rental basis.
Areas of Environmental Concern: (AEC's) Areas specifically
defined in subchapter 7-H of Chapter 15 of the North Carolina
Administrative Code. These defined areas which are located within
the jurisdiction of Chowan County include: Coastal Wetlands;
Estuarine Waters; Estuarine Shorelines, and Public Tract Areas.
If an AEC is involved in any permitted activity covered by this
ordinance, then additional permits may be required by the State of
North Carolina; the four major AECs are further briefly defined
as follows: (See Article XIV, Section 14.03).
1. Coastal Wetlands: Any salt marsh or other marsh subject
to regular or occasional flooding by tides.
2. Estuarine Waters: All waters of the Atlantic Ocean, and
associated bays, sounds, rivers and tributaries, within
the boundaries of North Carolina.
3. Estuarine Shorelines: Non -ocean shorelines especially
vulnerable to erosion, flooding, or other adverse effects
of wind or water, and which are connected to the
estuary.
4. Public trust areas: All public navigable waters, and
lands thereunder subject to measurable lunar tides.
' Assembly: A joining together of completely fabricated parts to
create a finished product.
Board of Adjustment: A semi -judicial body composed of represent-
atives from the zoning jurisdiction area which are given certain
powers under and relative to this ordinance.
Boarding House: A rooming house or a structure which contains
four (4) or more rooms, each of which have no kitchen facilities,
and are designed or intended to be used for residential occupancy
on a rental basis.
Building: Any building, structure, edifice or improvements as
commonly defined.
Building Commercial: Any building used for business purposes.
Building, Detached: A building having no party or common wall
with another building except an accessory building.
Building, Height of: The vertical distance from the average side-
walk or street grade, or finished grade of the building line,
whichever is the highest, to the highest point of the building.
E

Building Line: A line located a minimum horizontal distance from
the right-of-way line of a street or road parallel thereto, be-
tween which and the right-of-way line no building or parts of
buildings may be erected, altered, or maintained except as other-
wise provided herein.
Building, Main: A building in which the principle use of the lot
on which the building is situated is conducted.
Certificate of Occupancy/Compliance: A statement signed by an
administrative officer authorized by the Chowan County Board of
Commissioners, setting forth that the building, structure, or use
complies with the Zoning Ordinance, and that the same may be used
' for the purpose stated herein.
Club, Private: A non-profit social organization whose premises
' are generally limited to its members or guests; excepting those
the chief activity of which is a service customarily carried on as
a commercial activity. Fund-raising activities incidental or
' accessory to the overall purpose of the non-profit organization
are not considered "commercial."
Contractor, General: One who is engaged in all or most aspects of
building construction and/or land develoment through a legal
agreement.
' Contractor, Trades: One who accomplishes work or provides facili-
ties under contract with another and specifically engages in a
specialized trade such as plumbing, heating, wiring, sheet metal,
roofing work, etc.
Day Care Center. Inclusive of kindergarten, a facility for the
care and/or education of preschool age children.
Drive -In (eating or drinking facility): An establishment that
provides employee curb service or accommodations through special
' equipment or facilities for the ordering of food or beverage from
a vehicle.
Dwelling, Single Family: A detached residential dwelling unit,
' other than a mobile home, designed for and occupied by one family
only.
' Dwelling, Multiple: A building used for or designed as a resi-
dence for more than two families living independently of each
other.
' Dwelling Units: A residential structure or that portion of a
residential structure used or designed as a residence for one
family.
Erect: Build, construct, rebuild, reconstruct as the same are
commonly defined.

' Fabrication: Manufacturing, excluding the refining or other ini-
tial processing of basic raw materials such as metal ores, lumber,
or rubber. Fabrication relates to stamping, cutting or otherwise
shaping the processed materials into useful objects.
Family: One or more persons related by blood, adoption or mar-
riage, or a group of not more than five persons not related by
blood, adoption or marriage living together as a single housekeep-
'ing group in a dwelling unit.
Farm: A bona fide farm is defined as any tract of land containing
at least three (3) acres which are used for the dairying or the
raising of agricultural products, forest products, livestock or
' poultry, and including facilities for the sale of such products on
the premises where they were produced.
Frontage: All property abutting on one side of a street measured
along the street line.
' Garage, Private: A building or space used as an accessory to or a
part of the main building permitted in any residential district
that provides storage space for motor vehicles and in which no
business, occupation or service for profit is in any way conduc-
ted.
Home Care Unit: A facility meeting all the requirements of the
' State of North Carolina for boarding and care of not more than
five persons who are not critically ill and do not need profes-
sional medical attention, to include homes for the aged.
L Home Occupation: Certain occupations customarily conducted for
profit within a dwelling and carried on by the occupant thereof,
which use is clearly subordinate to the use of the dwelling for
' residential purposes -limitations are prescribed in this ordinance
to insure against the growth of a home occupation into a commer-
cial enterprise.
' Improvements: The addition of any building, accessory building,
parking area, loading area, fence, wall, hedge, lawn or mass
planting (except to prevent soil erosion) to a lot or parcel of
property.
Junk: Pre -used or unusable metallic parts and other non-metallic
' manufactured products that are worn, deteriorated or obsolete
making them unusable in their existing condition, but are subject
to be dismantled and salvaged.
' Junk Yard: A place where junk, waste, discarded or salvaged ma-
terials are bought, sold, exchanged, stored, baled, packed, disas-
sembled or handled, including automobile wrecking yards, house
' wrecking, structural steel materials and equipment, but not in-
cluding the purchase or storage of used furniture, used cars in
operable condition, used or salvaged materials as part of manu-
facturing operations.

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Lot: A portion of a subdivision, or any other parcel of land,
intended as a unit for transfer of ownership or for development
and which is recorded as such in the Chowan County Registrar of
Deeds office.
Lot, Area Of: The parcel of land enclosed within the boundaries
formed by the property lines.
-Lot, Corner: A lot abutting upon two streets or road (including
platted but unopened streets or roads) thus having (2) front
lines.
Lot Depth: The depth of a lot, for the purpose of this ordinance,
is the distance measured in the mean direction of the sidelines of
the lot from the mid -point of the front line to the mid -point of
the opposite lot line.
Lot Line: Any boundary of a parcel of land.
Lot Line, Front: Any boundary line of a lot running along a
street right-of-way line. If a lot abuts two right-of-way lines,
the front lot line shall be the shorter of the two. If a lot
abuts more than two right-of-way lines, the front lot line shall
be determined by the Board of Adjustment.
Lot Line, Rear: The lot line opposite the front lot line.
Lot Line, Side: Any lot line which is not a front or rear lot
line.
Lot of Record: A lot, a plat or a map which has been recorded in
the Office of the Chowan County Registrar of Deeds, or a lot des-
cribed by metes and bounds, the description of which has been
recorded in the Chowan County Registrar of Deeds Office.
Lot Width: The distance between the side lot lines as measured
along the front building line as specified by the applicable front
yard setback in this ordinance.
Mobile Home: Any structure which consists of a single unit com-
pletely assembled at the factory and is designed so that the total
structure (not including double wides or triple wides) can be
transported on its own chasis; and is over 32 feet in length and 8
feet in width; and is designed to be used as a dwelling and pro-
vides complete, independent living facilities inclusive of perman-
ent provisions for living, sleeping, eating, cooking and sanita-
tion. Such units shall be considered a mobile home; regardless
of the shape of the unit; whether or not the wheels have been
removed, set on jacks, skirting, masonry blocks or other temporary
or permanent facilities.
Nonconforming Use: A use of building or land that does not con-
form with the regulations of the district in which such building
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or land is situated but was lawful before adoption of this ordi-
nance.
Nursing Home: A convalescent facility having over five beds meet-
ing all of the requirements of the State of North Carolina for the
boarding and care of persons who cannot care for themselves.
Permitted Structural Use: A structure/use meeting all of the
requirements of this ordinance for the zone district in which it
is located.
Planned Building Group: A group of two or more buildings or two
or more mobile homes located on a single parcel of land.
Processing: Any operation changing the nature of material or
material's chemical composition or physical properties. Does not
include operations described as fabrication.
Retail: Sale of a commodity to the ultimate consumer and not
customarily subject to sale again.
Salvage Operation: The reclamation, dismantling or storage of
pre -used commodities, junk and similar material for the purpose of
resale, processing, distribution or deposition.
Service Station: A building or lot where gasoline, oil, grease
and automotive accessories are supplied and dispensed to the motor
vehicle trade.
Setback Line: The line on the front, rear and sides of a lot
which delineates the area upon which a structure may be built and
maintained, according to the district regulations.
Sign: Any words, lettering, parts of letters, pictures, figures,
numerals, phrases, sentences, emblems, devices, design, trade
names or trademarks, by which anything is known such as the desig-
nation of an individual, firm, association, profession, business
commodity or product which are visible from any public way and
used to attract attention.
Sign, Area of: Sign area shall be computed by the smallest
square, triangle, rectangle, circle or combination thereof which
encompass the entire sign including lattice work, wall work, frame
or supports incidental to its decoration. In computing the area,
only one side of a double -face sign structure shall be consid-
ered.
Sign, Outdoor Advertising: Any sign which advertises an estab-
lishment, service commodity, good or entertainment sold or offered
on premises other than that on which such sign is located.
Special Use: A use that would not be generally appropriate with-
out restriction throughout the zoning district but which, if con-
trolled as to number, area, location, or relation to the neighbor-
6

hood, would promote the health, safety, morals, general welfare,
order, comfort, conveniences, appearance, or prosperity. Such
uses may be permitted in such zoning district as special excep-
tions if specific provision for such special exceptions is made in
this zoning ordinance.
' Storage: A depository for commodities or items for the purposes
of future use or safekeeping.
' Street: A public thoroughfare which affords access to abutting
property and is recorded as such in the office of the Chowan
County Registrar of Deeds.
Structure: See Building.
Subdivision: A "subdivision" shall include all divisions of a
tract or parcel of land into two or more lots, building sites, or
other divisions for the purpose, whether immediate or future, of
sale, or building development, and shall include all divisions of
land involving the dedication of a new street or a change in
existing streets; provided, however, that the following shall not
be included within this definition nor be subject to the regula-
tions prescribed by this ordinance:
1. The combination or recombination of portions or previously
platted lots where the total number of lots is not increased
' and the resultant lots are equal to or exceed the standards of
the County as shown by the regulations prescribed by this
ordinance.
' 2. The division of land into parcels greater than ten acres where
no street right-of-way dedication is involved.
' 3. The public acquisition by purchase of strips of land for the
widening or opening of streets.
' 4. The division of a tract in single ownership whose entire area
is no greater than two acres into not more than three lots,
where no street right-of-way dedication is involved, and where
' the resultant lots are equal to or exceed the standards of the
County, as shown by the subdivision regulations contained in
this ordinance.
' Travel Trailer: Any structure which:
a. consists of a single unit completely assembled at the factory;
and
b. is designed so that the total structure can be transported on
its own chasis; and
' c. is not over 32 feet in length and 8 feet in width; and
d. may be used as a dwelling unit.
1 10

' Such structures shall be considered travel trailers regardless of
other titles that may also be applicable such as camper, mini
mobile home, etc.
Use: The purpose for which land or structures thereon are.de-
signed, arranged or intended to be occupied or used; or for which
it is occupied, maintained, rented or leased.
.Use, Accessory: A use incidental to and customarily associated
with the Use By Right and located on the same lot with the Use By
' Right, and operated and maintained under the same ownership with
the operation of the Use By Right.
' Use By Right: A use which is listed as an unconditionally permit-
ted activity in this ordinance.
' Use Situation, Nonconforming: A use of building or land that does
not conform with the regulation of the district in which the
building or land is situated.
' Use, Non -Farm: Any use of property which is not encompassed by
the definition of a farm as so defined in this ordinance.
' Use, Special: A use permitted in a zone only after specific
findings by the Board of Adjustment or Chowan County Board of
Commissioners.
' Variance: A modification or alteration of any of the requirements
of this ordinance.
Warehouse: A building or compartment in a building used and ap-
propriated by the occupant for the deposit and safekeeping or
selling of his own goods at wholesale, and/or for the purpose of
' storing the goods of others placed there in the regular course of
commercial dealing and trade to be again removed or reshipped.
Wholesale: Sale of a commodity for resale to the public for di-
rect consumption.
Yard: Any open space on the same lot with a building and unoccu-
pied from the ground upward except by trees, shrubbery or fences.
Yard, Front: A yard across the full width of the lot, extending
from the front line of the building to the front lot line.
Yard, Rear: A yard located behind the rear line of the main
' building, if extended, to the perimeter of the lot. Yard, Side: A yard between the building and side lot line, exten-
ding from the front building line to the rear building line.
' Zoning Certificate: A certificate by the Chowan County Board of
Commissioners or its authorized agents that a course of action to
' use or occupy a tract of land or a building; or to erect, install
1 11

' or alter a structure, building or sign situated in the jurisdic-
tional area of the zoning ordinance fully meets the requirements
of this ordinance.
ARTICLE V. ESTABLISHMENT OF ZONING DISTRICTS
' SECTION 5.01, DISTRICTS ESTABLISHED
For the purpose of this ordinance, the areas included within
' the boundaries of the Chowan County Zoning jurisdiction (Section
2.01), are divided into the following classes of zones:
' R-15 Residential District
R-25 Residential District
RMH-25 Residential District
' B-1 Commercial Business District
I-1 Industrial District
A-1 Agricultural District
SECTION 5.02 - R-15, RESIDENTIAL DISTRICT
This district is defined as low -density residential areas and
additional open areas where similar residential development will
be a viable land use. The minimum lot size is 15,000 square feet.
The uses permitted in this district are designed to stabilize and
protect the essential character of the area and prohibit all
' activities of a commercial nature except certain home occupations
controlled by specific limitations. Mobile homes are not
permitted. (See Articles VII and VIII for permitted uses and
' additional area and yard requirements).
SECTION 5.03 - R-25, RESIDENTIAL DISTRICT
This district is defined as low -density residential areas and
additional open areas where similar residential development will
be a viable land use. The minimum lot size is 25,000 square feet.
The uses permitted in this district are designed to stabilize and
protect the essential character of the area and prohibit all
activities of a commercial nature except certain home occupations
' controlled by specific limitations. Mobile homes are not
permitted. (See Articles VII and VIII for permitted uses and
additional area and yard requirements).
' SECTION 5.04 - RMH-25, RESIDENTIAL DISTRICT
This district is defined as low -density residential areas and
additional open areas where similar residential development will
be a viable land use. The minimum lot size is 25,000 square feet.
The uses permitted in this district are designed to stabilize and
' protect the essential character of the area and prohibit all
activities of a commercial nature except certain home occupations
controlled by specific limitations. Mobile homes on individual
' lots are permitted. (See Articles VII and VIII for permitted uses
and additional area and yard requirements).
12

SECTION 5.05 - B-1, COMMERCIAL DISTRICT
This district is defined as certain areas that are designed
' to serve both non-residents and residents using the major state
and county roads that run through the areas zoned. This district
is designed to accommodate retail or service establishments cus-
tomarily patronized by transient traffic as well as non -transient
traffic. (See Articles VII and VIII for permitted uses and area
-and yard requirements).
' SECTION 5.06 - I -I, INDUSTRIAL DISTRICT
This district is defined as an area where manufacturing es-
tablishments may be developed. The purpose of this district is to
permit the normal operations of almost all industries except those
that would be detrimental to adjoining properties. Excluded from
this district are those industries which deal primarily in hazar-
dous products such as explosives. (See Articles VII and VIII for
permitted uses and area and yard requirements).
' SECTION 5.07 - A-1, AGRICULTURAL DISTRICT
This district is defined as large, open land areas. The
' regulations of this district are designed to retain the open char-
acteristics of the land. For that reason, the permitted uses are
limited in number. (See Articles VII and VIII for permitted uses
and area and yard requirements).
ARTICLE VI. APPLICATION OF GENERAL REGULATIONS
' SECTION 6.01 - USE
No building or land shall hereafter be used or occupied and
' no building or part thereof shall be erected, moved or structural-
ly altered except in conformity with the uses and dimensional
regulations of this ordinance, or amendments thereto, for the
' district in which it is located.
SECTION 6.02 - ONLY ONE MAIN BUILDING, ONE MAIN USE ON LOT AND
ORIENTIATION OF A BUILDING
In all districts every main building hereafter erected or
altered shall be located on a separate lot, as defined in this
ordinance, and in no case shall there be more than one main build-
ing and permitted accessory buildings on the lot nor more than one
main use (e.g. commercial, industrial or residential) per building
and lot; provided that this requirement shall not apply to motels
where permitted, nor to a bona fide farm use. This ordinance in
no way regulates the orientation of a building.
' SECTION 6.03 - MINIMUM YARDS
The minimum yards or other open spaces required by this or-
dinance, including those provisions regulating intensity of use,
for each and every building hereafter erected or structurally
' 13

I
�7
'1
altered shall not be encroached upon or considered as meeting the
yard or open space requirements or the intensity of use provisions
for any other building.
SECTION 6.04 - LOT SUBDIVISION
No lot shall hereafter be so reduced in area as to cause any
open space required by this ordinance to be less in any dimension
than is herein required by the minimum yard requirement of the
zone in which the lot in question is situated.
SECTION 6.05 - CERTIFICATE OF OCCUPANCY
No final Certificate of Occupancy/Compliance will be issued
until all required site improvements have been completed.
ARTICLE VII. DISTRICT REGULATIONS
SECTION 7.01 - TABLE OF PERMITTED USES
Districts in which particular uses are permitted as a Use -By -
Right are indicated by "x". Districts in which particular uses
are permitted as a Use -By -Right with certain conditions are indi-
cated by "x" with a reference to a footnote to this Table.
' Districts in which particular uses are permitted as a Special
Use upon approval of the Board of Adjustment indicated by "s".
See Table of Special Uses, for details of each Special Use.
Districts in which particular uses are prohibited are indi-
cated by a blank.
14

u
D I S T R I C T S
1
1
.1
.0
En
m
Uri
�
�I-
A-1
R-15
-25
B-1
25
I-1
PERMITIED USES
ACCESSORY BUILDING
x
x
X.
X.
x
x.
ACCESSORY USES
x
x
x
x
Incidential to any permitted
use (See Note 1)
x
x
ADDRESSING SERVICE
x..
AGRICULTURAL OR FARM USE
x
AIRPORT
x
ALCOHOLIC BEVERAGES,
PACKAGED, RETAIL SALE
x
SCE SERVICE
x
ANEVIAL MEDICAL CARE
(including kennel operations
(See Note 6)
x
APPAREL & ACCESSORY SALES
x
ASSEMBLIES
x
(Assembly Hall, Armory
Stadium, Coliseum)
ART CRY
x
AUCTION SALES (excluding
livestock auctioning)
x
AUIOTMOBILE OFF-STREET
PARKING, (commercial lots)
x
x
AUTOMOBILE PARTS &
ACCESSORY SALES
x
15

D I S T R I C T S
1
II
RMH
PERMI'= USES
A-1
R-15
-25
B-1
25
I-1
AUTOMBILE AND TRUCK RENTAL.
x
x
AUTrOMOBILE REPAIR AND/OR
BODY WORK (excluding ccm-
mercial wrecking, dismantlinq
or storage of junked vehicles)
x
AUTOMOBILE SALES, NEW AND USED
x
AUTOMOBILE SERVICE STATION
OPERATIONS
x
AUTOMOBILE LAUNDRYING
x
BAKERY PRODUCTION AND
WHOLESALE SALES
x
x
BAKING, ON -PREMISES AND
RETAIL ONLY
x
BANK, SAVINGS & LOAN COMPANY
& OTHER FINANCIAL ACTIVITIES
x
BARBER OR BEAUTY OOLLEGE
INSTRUCTION
x
BARBERING & HAIRDRESSING
SERVICES
x
BICYCLE SALES & REPAIR
x
BLACKSMITH SERVICES
x
BOATS AND ACCESSORIES,
RETAIL SALES AND SERVICE
x
BOOKS AND PRINTED MATTER,
DISTRIBUTION
x
x
BOOK BINDING
x
BOTTLED GAS DISTRIBUTTION
BULK STORAGE (See Note 2)
B(=ING
x
BUILDING SUPPLY (no outside
storage)
x
x

I
D I S T R I C T S
1
PERMITTED USES
A-1
R-15
-25
B-1
RMH
25
I-1
BUILDING SUPPLY (with outside
storage) (See Note 1)
x
BUS REPAIR AND STORAGE
I UMI DIAL ACTIVITIES
x
x
BUS STATION ACTIVITIES
x
CABINET MAKING
x
CANDY OR CONFECTIONARY MAKING
ON PREMISES & RETAIL ONLY
X
CARPET AND RUG CLEANING
X
CATALOGUE SALES
X
CEMETERY
s
s
s
s
CHURCH
X
X
X
X
X
.CLINIC SERVICES, MEDICAL &
DENTAL
x
CLUB OR LODGE
x
COAL SALES & STORAGE
X
CONTRACTOR, GENERAL (excluding
outside storage of equipment
or supplies)
x
x
CONTRACTOR, ORAL (with
outside storage of equipment
or. supplies) (See Note 1)
x
CONSTRUCTION STORAGE
(See Noted)
x
Ca1TRACTOR, TRADES (excluding
outside storage of equipment
or supplies)
x
x
CONTRACTOR, TRADES (with
outside storage of equipment
or supplies) (See Note 1)
x
CURIO AND SOUVENIR SALES
X
DAIRY PRODUCTS SALES, ON
PREMISES RETAIL SALES OITLY.
x
17

D I S T R I C T S
1
PERMITTED USES
A-1
R 15
R-25
B-1
RMH
25
I-1
DAIRY PRODUCT'S, SALES &
PROCESSING
x
x
DAY CARE CENTER (kindergarten)
s
s
s
s
s
DELICATESSEN OPERATION
(including catering)
x
DRY CLEANING & LAUNDRY,
COMMERCIAL (See Note 3)
x
DRY CLEANING OR LAUNDRYING
(customer self-service)
(See Note 3)
x
DP,MIING, SINGLE-FAMILY
x
x
x
x
DV=LING, TWD-FAMILY
x
EATING OR DRINKING FACILITIES
(drive-ins excluded)
x
EATING OR DRINKING FACILITIES
(drive-ins included)
x
EMPLOYEES' SERVICE (not
designed for or available to
public customers)
x
x
EXTERMINATING SERVICE
x
FAIRGROUND ACTIVITIES (includ-
ing carnivals & circuses)
x
FARM MACHINERY SALES AND
SERVICING
x
x
FARM SUPPLIES MERCHANDISING
(excluding farm machinery)
x
x
FIRE STATION OPERATIONS
x
x
x
FLC WER SHOP
x
FOOD SALES
x
Mr:3

C
D I S T R I C T S
rl
PERMITTED USES ..........
A-1
R-15
PMH
255
B-1
R-25
I,-1
FOOD FREEZER OPERATIONS
X.
x
FUNERAL HOME
x.
FUR SALES, INCLUDING COLD
STORAGE
x
GAME FARM
x
HARDWARE, PAINT, & GARDEN
SUPPLY SALES
x
HATCHERY OPERATIONS
x
x
HOME CARE UNIT
s
s
HOME FOR THE AGED
s
s
HOME FURNISHING & APPLIANCE
SALES
x
HOME OCCUPATION (See Note 4)
x
x
x
x
ICE MANUFACTURING
x
INDUSTRIAL SALES OF EQUIPMENT
OR REPAIR SERVICE
x
INDUSTRIAL OPERATIONS NOT
OTHEWISE LISTED HEREIN
(except the uses listed in Note 5)
x
JANITORIAL SERVICE
x
KENNEL OPERATIONS, CARE
(See Note 6)
x
LABORATORY OPERATIONS, MEDICAL
OR DENTAL
x
LABORATORY RESEARCH
x
LIBRARY
x
LIVESTOCK SALES & AUCTIONING
x
LOCKSMITH, GUNSMITH
x
.MACHINE TOOL MANUFACTURING OR
WELDING
x
7
19

DISTRICTS
L
f'
PJvIH-
PERMITIhD USES
A l
R-15
R-25
B-1
25
I--1
MOBILE HOME (Individual) for
Office and Exhibition .
s
s
s
MOBILE HOME SALES but excluding
any residential occupancy
x
MOTEL, HOTEL OR MOTOR COURT
OPERATIONS
x
MONU�NT SALES
x
MONU,N= WORKS
x
NEWSPAPER PUBLISHING
x
NEWSSTAND SALES
x
NURSERY OPERATION (Plant)
x
x
x
NURSING HOME
x
OFFICE USE of a doctor, den-
tist, osteopath, chiropractor,
optometrist, physiotherapist,
or other medically oriented
profession
x
OFFICE USE with no on -premises
stock of goods for sale to the
general public and the opera-
tions and services of which are
customarily conducted by means
of written verbal or mechani-
cally reproduced communications
material
x
x
OFFICE SUPPLIES & EQUIPMENT
SALES AND SERVICE
x
OPTICIAN SERVICE
x
PAWN SHOP
x
PET SALES, excluding kennel
activities or outside storage
of animals
x
20

D I S T R I C T S
r1
u
J
RMH
PERMITTED USES ....... .......
A-;1
R-15
25
B--1
25
L--1
PHARMACEUTICAL.SALES
x...
PHOI'OG APHY, COMMERCIAL
x
POST OFFICE
x
PRIVATE RECREATION CLUB OR
SWIMMING CLUB ACTIVITIES NOT
OPERATED AS A BUSINESS FOR
PROFIT
x
s
s
s
PRINT]JG & REPRODUCTION_
x
x
PUBLIC RECREATION (such as
community center buildings,
parks, museums, playground,
and similar facilities operated
on a nonprofit basis
x
x
x
x
x
x
PUBLIC UTILITY STATIONS OR
SUBSTATIONS
s
s
s
s
s
s
PUBLIC UTILITY WORK, SHOPS
OR STORAGE YARDS
x
RECREATION OR AMUSEMENT ENTER-
PRISE conducted outside a
building and for profit, and
not otherwise listed herein
x
RECREATION OR AMUSEMENT ENTER-
PRISES conducted inside a
building and for profit, and
not otherwise listed herein
x
REDUCING SALON CARE
x
21

D I S T R I C T S
1
1
11
RMH-
PERMITTED USES ......
A-1
R�-15
R-2
B-1
' 25
IR1
REPAIR, RENTAL AND/OR SERVICING
Of any product the retail sale
of which is a Use -By -Right in
the same district and not other-
wise listed herein
x
x
RETAILING OR SERVICING with
operations conducted and mer-
chandise stored inside and/or
outside a building and not
otherwise listed below (See
Note 2)
x
RETAILING OR SERVICING with
operations conducted and mer-
chandise stored entirely within
a building and not otherwise
listed herein
x
RIDING ACADEMY ACTIVITY
x
SECOND HAND AND SQP SHOP SALES
x
SCHOOL, BUSINESS & CalIERCIAL
x
x
SCHOOL, PRIVATE, ELE14ENTARY
OR SECONDARY
s
s
s
SCHOOL, PUBLIC
x
x
x
x
SCHOOL, TRADE OR VOCATIONAL
x
x
SHEET METAL FABRICATION
x
SIGN
See Article
11
for
per-
mitted areas
& regulations
SIGN, OUTDOOR ADVERTISING
(See Article 11 Section 11.07)
x
x
SIGN, PUBLIC SERVICE INFORMATION
x
x
STORAGE, FLAMMABLES (See Note 2)
x
22

D I S T R. I C T S
PERMITI`ED ' USES
A^l
R-45
R-25
B--1
25
T�1
STORAGE, OPEN (See Note 1)
x
STORAGE, 11AREHOUSE
x
x
TAILORINQ, (DRESSMAKING)
x
TAXICAB STAND OPERATIONS
x
TEACHING OF ART, MUSIC, DANCE,
DRAMATICS, OR OTHER FINE ARTS
x
TELEPHONE EXCHANGE OPERATIONS
s
s
s
x
s
x
TEMPORARY CONSTRUCTION BUILDING
x
x
x
x
x
x
THEATER PRODUCTIONS, INDOOR
x
THEATER PRODUCTIONS, OUTDOOR
s
TIRE RECAPPING (See Note 1)
x
x
TOBACCO SALES 11AREHOUSING
x
x
TOURIST HOME OPERATIONS
x
TRAILER RENTALS
x
x
TRUCK TERMINAL ACTIVITIES
REPAIR & HAULING AND/OR STORAGE
x
UPHOLSTERING OR FURNITURE
REFINISHING
x
x
VARIETY GIFT & HOBBY SUPPLY
SALES
x
VENDING MACHINE RENTAL
x
47HOIESALE SALES with operations
conducted and merchandise
stored entirely within a
building and not otherwise
listed herein
x
x
S = Special Use by Permit Only
23

1
P
Ll
it
SECTION 7.02 - NOTES TO THE TABLE OF PERMITTED USES
NOTE 1. ACCESSORY USES
In B-1 district there shall be no open storage as an acces-
sory use. In the I-1 district open storage as an accessory use
shall be permitted provided it is enclosed by a fence not less
than six feet in height. No permanent residential occupancy shall
be allowed as an accessory use in B-1 and I-1 districts. An ac-
cessory use in a R-15, R-25, RMH-25 or A-1 district, shall not
include the residential occupancy of an accessory building except
by domestic employees on the premises and the immediate families
of such employees. Swimming pools as an accessory use in A-1, R-
15, R-25 or RMH-25 districts shall be enclosed by protective fenc-
ing not less than five feet in height.
NOTE 2. STORAGE OF FLAMMABLES
The storage of flammables shall not be permitted or consid-
ered an Use -By -Right except when such authorization for said use
is given by the Chowan County Fire Marshall relative to compliance
of proposed storage facilities with State and Chowan County fire
regulations.
NOTE 3. DRY CLEANING OR LAUNDERING
Dry cleaning and laundry establishments shall be permitted
when only oil, gas or electricity is used for heat. Screening and
filtering devices shall be used to prevent the emission of smoke,
dust, fumes, odors, or steam into the atmosphere.
NOTE 4. HOME OCCUPATION
Home occupations are permitted only as an incidental use and
are limited to the following:
a. The office or studio of a physician, artist (not inclusive of
a studio of a commercial photographer), general or trades
contractor, musician, insurance agent, lawyer, real estate
broker, teacher or other like professional person residing on
the premises, provided no chattels or goods, wares or merchan-
dise are commercially created, displayed, exchanged or sold;
b. Workshops not conducted for profit;
c. Customary home occupations such as millinery, dressmaking,
laundering or pressing and tailoring conducted by a person
residing on the premises;
d. Rooming and/or board of not more than three persons; for which
a rent is charged;
24

' e. Single operator beauty shop or barber shop; and
Provided furthermore the home occupations listed above shall be
' permitted subject to the following limitations:
-- No display of products;
-- No mechanical equipment shall be installed or used except
such that is normally used for domestic or professional
purposes and which does not cause noises or interference
in radio and television reception.
-- No accessory buildings or outside storage shall be used in
connection with the home occupation;
-- Not over 25% of the total floor area or 500 square feet of
' the principal residence, whichever is less, shall be used
for a home occupation;
-- Only residents of the dwelling may be engaged in the home
' occupation except any physician or dentist licensed by the
State of North Carolina shall be allowed to have one nurse
or assistance who is not a resident of the dwelling.
NOTE 5. INDUSTRIES
' The following industrial uses shall not be allowed:
a. The manufacturing, processing, fabrication and/or bulk storage
of acetylene .gas (except for use on premises), ammunition,
explosives, fireworks, gunpowder, junk or matches;
b. The manufacturing, processing, and/or fabrication of acids
' (except non -corrosive acids), ammonia, ammonium nitrate, ani-
mal by-products, bleaching powder, cellulose, chlorine, cre-
sote and cresote treatment, detergents, enamels, lacquers,
' "lime", linoleum, oil cloth, paints, paper pulp, pigments,
lime plastic, rubber (except tire recappers), soaps, tannery
products, turpentine, varnishes, whiting and/or wood fillers.
The fabrication of plastics is exempt from this prohibition.
NOTE 6. KENNEL OPERATIONS
i If the rear lot lines or side lot lines of a kennel opera-
tion, which is permitted in the B-1 commercial district directly
abuts a residential district, then such operation shall be com-
pletely enclosed within a building. No outside storage of animals
may be permitted.
P
A
1
25

ARTICLE VIII. TABLE OF AREA, YARD AND HEIGHT REQUIREMENTS
MAXIMUM
HEIGHT
OF
DISTRICT MINIMUM LOT SIZE MINIMUM YARD REGULATIONS STRUCTURE
(See Notes 2 and 3) (See Note 6)
Front Side Rear
Minimum Front- Yard Yard Yard
Area in age in Setback Width Depth
Square Feet Feet in Feet in Feet in Feet In Feet
A-1
Agricultural
R-15
Residential
R-25
°1 Residential
RMH-25
Residential
B-1
I-1
As required by the
Chowan County Sani-
100
tarian but no less
than 15,000
15,OOO or larger as
75
required by Chowan
County Sanitarian
25,000 or larger as
100
required by Chowan
County Sanitarian
25,000 or as required
100
by Chowan County Sani-
tarian
15,000 or as required
75
by Chowan County Sani-
tarian
25,000 or as required
100
by Chowan County Sani-
tarian
50 15 40
30
12
30
50
15
40
50
15
40
25
10
10
25
10
10
35
35
35
35
35
56

SECTION 8.01 - NOTES TO THE TABLE OF AREA, YARD AND HEIGHT
REQUIREMENTS
' NOTE 1. SPECIAL USE REQUIREMENTS TAKE PRECEDENCE
Area, yard and height requirements as specified in the is-
' _ suance of a Special Use Permit shall take precedence over area,
yard and height requirements as set forth in the TABLE OF AREA,
YARD AND HEIGHT REQUIREMENTS.
NOTE 2. VARIANCE FOR PRIOR LOTS OF RECORD
Notwithstanding the other setback provisions of this ordi-
nance a building or structure may be constructed and occupied by
one -family on any lot recorded prior to adoption of this.ordinance
and meeting all of the requirements of the Chowan County Sanitar-
ian and maintaining minimum side yards of 5 feet, a front yard of
25 feet and a rear yard of 5 feet.
NOTE 3.
a. CORNER LOTS
' On a corner lot, in a residential area, a side yard setback
consisting of a minimum distance of 15 feet shall be maintained
between any building and the side street. On a .corner lot in a
' commercial, agricultural, or industrial district, a side yard
setback consisting of a minimum distance of 20 feet shall be main-
tained. This requirement shall not be applied so as to reduce the
building width of a residentially zoned corner lot of record at
the time of passage of this ordinance to less than 40 feet, nor to
prohibit the erection of any accessory building where this
requirement cannot reasonably be complied with as determined by
the Board of Adjustment.
b. MISCELLANEOUS EXCEPTIONS
' Steps, fire escapes, stairways, balconies and chimneys only
project into a minimum yard not more than six feet and an unen-
' closed porch may project into the required front or rear yard not
more than 15 feet.
Sills, cornices, buttresses, ornamental features and similar
items may project into a required yard not more than thirty
inches.
' Carports open on three sides may encroach on a side yard to a
distance of not less than five feet from a side lot line, except
on the street side yard of a corner lot where the setback shall be
one-half of the distance of the required front yard setback.
' Storage areas may be constructed across the rear of a carport open
on three sides that encroaches on a side yard, provided such stor-
age area shall not contain more than 18% of the area contained in
' the carport.
1 27

ac. RETAINING WALLS
' The setback and yard requirements of this ordinance shall not
apply to a retaining wall not more than five feet high, as mea-
sured from the lowest ground elevation to the top of the wall.
The Board of Adjustment may permit a retaining wall greater than
' five foot height where it finds that due to the topography of the
lot such a wall is necessary.
d. FENCES AND WALLS
In residential zones, fences and walls not over 4' high may
project into or may enclose any front yard; however, no fence may
' be constructed on or in a public street right-of-way. Side and
rear yards may be enclosed by fences or walls up to 6' high. In
the I-1 and B-2 zones a solid or open fence or wall may be erected
to a maximum height of ten feet.
e. OPEN STORAGE
Any open storage not enclosed within the confines of a build-
ing, such as boxes, crates, trash -piles, machinery and merchandise
with open display, that results from the commercial operation it
' is part of, shall be enclosed or hidden from view along any pro-
perty lines adjacent to or in a residential zone by a wall, fence
and/or screening. This provision shall apply in any commercial or
industrial use abutting or in a residential zone.
f. ACCESSORY BUILDINGS
' Detached garages and accessory buildings to residential uses
may be constructed in the rear yard provided they are located no
closer than 5' to any adjoining lot line, except on the street
' side yard of a corner lot where the setback shall be one-half of
the distance of the required front yard setback.
' NOTE 6. HEIGHT RESTRICTIONS/MODIFICATIONS
In addition to the height limitations listed in the Table of
' Area, Yard and Height Requirements, any building in B-1, and I-1
districts may be increased in height provided that a ratio of
floor area to lot area, excluding yard requirements, of 8 to 1 is
adhered to. At no time shall the gross floor area of the building
exceed by eight times the allowable building area of the lot.
NOTE 7. BUFFER REQUIREMENTS
' Where the rear lot lines or side lot lines of industrial
property abuts a residential district, a densely planted and main-
tained vegetative buffer shall be required. Such buffer shall
1 28

reach a minimum height of six (6) feet within three years. No
such buffer shall, however, extend nearer a street right-of-way
line than the established building line of the adjoining
' residential lot. No buffer strip shall be required upon any rear
lot line or side lot line, which abuts a public street.
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1 29

it
ARTICLE IX. SPECIAL USES
' SECTION 9.01 - OBJECTIVES AND PURPOSE
Permitted Special Uses add flexibility to the Zoning Ordi-
nance. Subject to high standards of planning and design, certain
property uses are allowed in the several districts where those
'uses would not otherwise be acceptable. By means of controls
exercised through the Special Use Permit procedures, property uses
which would otherwise be undesirable in certain districts can be
developed to minimize any bad effects they might have on surround-
ing properties.
The uses for which Special Use Permits are required are list-
ed in this Article, along with a detailed descripton of the pro-
cedures which must be followed in the approval of each such per-
mit. Uses specified in this section shall be permitted only upon
the issuance of a Special Use Permit.
SECTION 9.02 - PROCEDURE FOR SPECIAL USE PERMITS APPROVED BY THE
BOARD OF ADJUSTMENT
1 A Special Use Permit may be issued by the Chowan County
Building Inspector after approval by the Board of Adjustment for
the uses as designated in the Table of Regulations for Special
' Uses. The application for a Special Use Permit shall accompany
the application for a Certificate of Occupancy/Compliance. The
application for the Special Use Permit shall be filed seven (7)
' days prior to the date of review by the Board of Adjustment. With
the exception of Special Use Permit requests for the occupancy of
individual mobile homes under the Hardship, Agricultural Areas
Exception, or Office and Exhibition provisions of this ordinance,
' the Board of Adjustment shall hold a public hearing prior to ren-
dering a decision on the approval of a Special Use Permit. The
Special Use Permit, if approved, shall include approval of such
plans as may be required. In approving the permit, the Board of
Adjustment shall find:
1. that the use will not materially endanger the public health,
safety or general welfare if located where proposed and devel-
oped according to the plan as submitted and approved;
2. that the use meets all required conditions;
3. that the use will not adversely affect the use or any physical
' attribute of adjoining or abutting property, or that the use
is a public necessity; and
4. that the location and character of the use, if developed ac-
cording to the plan as submitted and approved, will be in
harmony with the area in which it is to be located and in
general conformity with the plan of development of Chowan
' County.
1 30

In approving the Special Use Permit the Board of Adjustment
may designate such conditions, in addition and in connection
therewith, as will, in its opinion, assure that the use in its
proposed location will be harmonious with the area in which it is
proposed to be located and with the spirit of this ordinance. All
such additional conditions shall be entered in the minutes of the
meeting at which the Special Use Permit is granted, recorded on
the Special Use Permit and on the plans submitted therewith. All
conditions shall run with the land and shall be binding on the
original applicant for the Special Use Permit, the heirs, succes-
sors and assigns. In order to insure that such conditions and
requirements of each Special Use Permit will be fulfilled, the
petitioner for the Special Use Permit may be required to enter
into a contract with Chowan County providing for the installation
of the physical improvements required as a basis for the issuance
of the Special Use Permit. Performance of said contract shall be
secured by cash or surety bond which will cover the total esti-
mated cost of the improvements as determined by the Chowan County
Board of Commissioners; provided, however, that said bond may be
waived by the Chowan County Board of Commissioners within their
discretion.
If the Board of Adjustment denies the Special Use Permit the
' reasons therefore shall be entered in the minutes of the meeting
at which the permit is denied.
' In addition to the specific conditions imposed by Article IX,
Section 9.03, and whatever additional conditions the Board of
Adjustment deems reasonable and appropriate, Special Uses shall
comply with the height, yard, area and parking regulations of the
zone in which they are located.
In the event of failure to comply with the plans approved by
' the Board of Adjustment, or with any conditions imposed upon the
Special Use Permit, the permit shall thereupon immediately become
void and of no effect. No Certificate of Occupancy/Compliance for
the Special Use Permit shall be issued, and the use of all com-
pleted structures shall immediately cease and not thereafter be
used for any purpose other than a use -by -right as permitted by the
zone in which the property is located.
' Where plans are required to be submitted and approved as part
of the application for a Special Use Permit, modifications of the
original plans may be made by the Board of Adjustment.
SECTION 9.03 - REGULATIONS FOR SPECIAL USES
' Detailed regulations for each special use are set forth in
this Section.
Use - Cemetery
Approved By - Board of Adjustment
31

Special Use Districts - A-1
Minimum Lot Area - Lot area shall conform to specifications
established by the North Carolina Burial Commission
Parking and Loading - Adequate off-street parking facilities
for funeral procession
Screening and Fencing - A screen of dense plant material not
less than six feet high where cemetery abuts a residential
lot
Plans are Required and Must Show:
Topography - Well drained site with adequate storm drainage
facilities.
Structures - Location of signs, entrance and buildings must
be shown on the plan.
Circulation - Proposed points of access and egress and pat-
tern of internal circulation and funeral procession route, if
possible.
Other Details - Proposed restrictions, if any.
Maximum size of sign shall be 36 square feet and a limit of
one sign per street frontage.
Use - Day Care Center (including Kindergarten)
Approved By - Board of Adjustment
Special Use District - A-1, R-15, R-25 and RMH-25
Minimum Lot Area - Same as zoning district requirement
Parking and Loading - One space for each adult attendant and
one space for every six children or fraction thereof.
Plans are Required and Must Show:
Structures - Location and approximate size of all existing
and proposed buildings and structures within the site and on
the lots adjacent thereto.
Circulation - Proposed points of access and egress and pat-
tern of internal circulation.
Parking and Loading - Layout of parking spaces
Other Details - Location and extent of open play area
-- Day Care Center shall provide 100 square feet of outdoor
play space per pupil.
32

7
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' -- Outdoor play area shall be enclosed by a solid or open
fence or wall at least 4 feet in height. Where the out-
door play area is directly adjacent to a residentially
' used or zoned lot(s), a solid fence or wall at least 6
feet high or the maximum applicable fence/wall height
limitations, or an open fence at least 4 feet high and a
screen planting designed to grow 3 feet thick and 6 feet
high shall be erected. The Board of Adjustment may at
its discretion require additional screening and/or fenc-
ing to be located adjacent to abutting non-residential
land uses.
-- In an R-15, R-25, or RMH-25 residential district, a day
care center shall not be operated between the hours of
7:00 p.m. and 7:00 a.m.
' Use - Mobile Home (Individual) For Office and/or Exhibition
Approved By - Board of Adjustment
Special Use District - B-1, I-1
Minimum Lot Area - None
Parking - One space for each person employed in the office at
any given time during a 24 hour period.
OFFICE AND EXHIBITION EXCEPTION
A temporary Certificate of Occupancy/Compliance allowing -
mobile homes used solely as offices or for purposes of exhibition
to be temporarily parked, maintained and/or occupied on a desig-
nated lot or land location, may be issued by the Chowan County
' Building Inspector where the Board of Adjustment finds as a fact
that the use of such mobile home does not violate the State or
Chowan County health regulations. All such Certificates of Occu-
pancy/Compliance shall be valid for a period of twelve months,
after which they may be renewed upon similar evidence of use of
such mobile home.
' Notwithstanding the foregoing, a Certificate of Occu-
pancy/Compliance may be issued for a mobile home for use as a
temporary field office for contractors by the Chowan County Build-
ing Inspector without approval of the Board of Adjustment if the
mobile home:
' 1. and the structure under construction are located on the same
property; and
2. is not moved to the site more than thirty (30) days prior to
construction and is not removed later than thirty (30) days
after construction has been completed; and
1
33

' 3. is not used for any other purpose other than that connected
with on -site construction; and
' 4. is justified by the size and nature of the construction proj-
ect; and
' 5. is for a period not to exceed eighteen months;
+6. is utilized only incidental to on -site construction during
' daylight hours and not for residential living quarters.
7. sanitary facilities are approved by the Chowan County Sanitar-
ian.
Use - Mobile Homes (Individual) for Residential Occupancy
Hardship Special Use and Agricultural Exception Special Use
Approved by - Board of Adjustment
Special Use District - A-1, R-15 and R-25
Parking - Two spaces for each mobile home
INDIVIDUAL MOBILE HOMES
Mobile homes, as defined, when used for dwelling purposes may
be located in A-1, R-15 and R-25 zones only when either a Hardship
Exception or Agricultural Area Exception is approved by the Board
of Adjustment as provided below:
HARDSHIP EXCEPTION
A temporary Certificate of Occupancy/Compliance for parking
' a mobile home for use for dwelling purposes to the rear or side of
a dwelling and located on the same residential lot as said dwell-
ing may be issued by the Chowan County Building Inspector in cer-
tain hardship cases where the Board of Adjustment finds each item
below as a fact:
1. That the person or persons occupying the mobile home are phy-
sically dependent upon the person or person occupying all or a
portion of the dwelling house, or that the person or persons
occupying all or a portion of the dwelling house are physical-
ly dependent upon the person or persons occupying the
mobile home; and
2. That the person or persons occupying the mobile home and/or
dwelling house, cannot, becaue of financial or other condi-
tions, move to avoid hardship, necessitating parking the
mobile home adjacent to the dwelling house; and
' 3. That the parking of the mobile home adjacent to the dwelling
house will not create unhealthy or unreasonable living stan-
dards; and
1 34

I
4. That the mobile home is parked in a location approved in ad-
vance by the Board of Adjustment
All such Certificates of Occupancy/Compliance shall be valid
for a period of eighteen months, after which they shall be renewed
only upon a similar finding of facts by the Board of Adjustment.
' If, during any time that a Certificate of Occupancy/Compliance is
valid and outstanding any of the foregoing conditions cease to be
complied with or the hardship is removed, the Certificate of Oc-
cupancy/Compliance shall automatically be revoked and the mobile
home removed.
AGRICULTURAL AREA EXCEPTION
A temporary Certificate of Occupancy/Compliance for locating a
mobile home in the A-1 Agricultural Zone District for use for
dwelling purposes may be issued by the Chowan County Building
Inspector where the Board of Adjustment finds each item below as a
fact:
1. That applicable health and sanitary requirements of this
and other ordinances and laws are fully met; and
2. That the mobile home is situated on a lot meeting the A-1
yard area requirements and fronting on a public road; and
3. That the applicant for such certificate has agreed to
relocate his mobile home within 90 days after any action
rezoning his lot from A-1 Agricultural District.
All such Certificates of Occupancy/Compliance shall be valid
for a period of two years and no more, after which they shall be
renewed only upon a similar finding of facts by the Board of Ad-
justment.
Other Requirements for Hardship and Agricultural Exceptions:
-- Mobile homes used as a dwelling unit have at least 200
square feet of gross floor area.
-- Mobile homes located through the issuance of a Special Use
Permit must be anchored to protect against wind damage.
-- That the mobile home's sanitary facilities are connected
with sewer system approved by the Chowan County Health
Department.
Use - Private Recreation Club or Swimming Club, not Operated
as a Business for Profit.
' Approved By - Board of Adjustment
Special Use Districts - R-15, R-25 and RMH-25
1 35

Minimum Lot Area - Swimming Club - One acre for each 40 club
members (or families). Private non-profit clubs having only a
swimming pool with bathhouse facilities and open only during
the swimming season are exempt from the minimum lot area re-
quirement if all activities and facilities (other than park-
ing) are located no closer than 50 feet to any property line.
Parking - One space for each five members (or families).
Screening and Fencing - The swimming pool area shall be en-
closed by fencing not less than five feet in height.
Plans are Required and Must Show:
Structures - Location and approximate size of all existing and
proposed structures and playfields on the site.
Parking - Layout parking spaces and traffic circulation.
Other Requirements - 1) No improvements, structures, sidewalks
or play areas or equipment shall be closer than 50 feet to any
adjoining property lines. 2) Adjacent to swimming pools there
shall be provided paved patio area(s). 3) Lights shall be
located and shielded so as not to adversely affect adjacent
property.
Use - Public or Private Electrical Utility Station or Substa-
tion
Approved By - Board of Adjustment in all districts
Special Use Districts - A-1, R-15, R-25, RMH-25, B-1 and I-1
Minimum Lot Area - One-half acre for public utility station
Parking and Loading - One space for each regular employee
employed primarily at the site at any given time
Screening and Fencing - A screen of not less than 6 feet in
height of dense plant material shall be provided where lot
abuts a residential lot. Electrical substations shall be
enclosed by a fence not less than 8 feet in height with three
strands of barbed wire turned out at the top.
Plans are Required and Must Show:
Structures - Location of all existing and proposed structures
within the site and all buildings and structures with 100
feet.
Circulation - Proposed points of access and egress
Parking and Loading - Location and arrangement of all proposed
off-street parking
KL

Other Details - Proposed provisions for fencing and other
protective screening at the lot lines adjacent to abutting
residential property.
Use - School, Private, Elementary or Secondary
Approved By - Board of Adjustment
Special Use District - R-15, R-25 and RMH-25
Minimum Lot Area - Five acres
Parking and Loading - Two spaces for each regular employee
Plans are Required and Must Show:
Structures - Location and approximate size of all existing and
proposed buildings and structures within the site and on the
lots adjacent thereto.
Circulation - Proposed points of access and egress and pattern
of internal circulation
Parking and Loading - Layout of parking spaces
Other Details - Location and extent of open play area
Use - Telephone Exchange Operation
Approved By - Board of Adjustment
Special Use Districts - All zoning Districts
Minimum Lot Area - One acre
Parking and Loading - One space for each two regular employ-
ees.
Screening and Fencing - A screen of not less than 6 feet in
height of dense plant material shall be provided where the lot
abuts a residential lot or a lot zoned exclusively for resi-
dential purposes.
Plans are Required and Must Show:
Structures - Location and approximate size of all existing and
proposed structures within the site.
Circulation - Proposed points of access and egress.
Parking and Loading - Location and arrangement of all proposed
off-street parking.
37

Other Details - Proposed provisions for fencing and other
protective screening at the lot lines adjacent to abutting
residential property.
1 38

ARTICLE X. OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS
SECTION 10.01 - GENERAL REGULATIONS
If structures or uses are enlarged, expanded or changed, there
shall be provided off-street parking for the enlargement or expan-
sion in accordance with the ratios contained herein. If existing
land uses are converted to another type of land use or classified
by the ordinance, then the off-street ratios as contained herein
must be complied with.
Off-street parking space (either garage or properly graded
Open space) shall be provided in accordance with the requirements
set forth below in all classes of districts. In cases where dif-
ferent parking and/or loading ratios are specified in Section 9.02
Table of Regulations for Special Uses), those ratios shall have
precedence over the parking ratios specified in this section.
Each applicant for a Certificate of Occupancy/Compliance
submitted to the Chowan County Building Inspector as provided for
in Section 6.05 shall include information as to:
-- location and dimensions of off-street parking and loading
space
-- distance between that parking/loading space and the street
or alley
-- ingress and egress of the property
' This information shall be in sufficient detail to enable the
Planning Board or its authorized agents to determine whether or
not the requirements of this ordinance are met.
' The Certificate of Occupancy/Compliance for the use of any
building, structure or land where off-street parking or loading
space is required shall be withheld by the Chowan County Building
Inspector until provisions of this section are fully met. If at
any time such compliance ceases, any Certificate of Occupancy/Com-
pliance which shall have been issued for the use of the property
shall immediately become void and of no effect.
Where parking or loading areas are provided adjacent to
a public street, ingress or egress thereto shall be made only
through driveways or openings not exceeding 25 feet in width at
the curb line of said street, except where the Planning Board or
I its authorized agent finds that a greater width is necessary to
accommodate the vehicles customarily using the driveway.
No part of an off-street area required for any building or
use for the purpose of complying with the provisions of off-street
parking requirements in this ordinance shall be included as part
of any off-street parking area similarly required for another
1 39

1
11
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1
building or use unless the times of usage of such buildings or
uses will not be simultaneous.
Off-street parking space shall be located on the same lot as
the use for which provided or on a separate lot within 200 feet of
any entrance to the building, provided that such parking space
land is owned by the owner of the building or leases for the same
period of time as the building.
The off-street parking requirements for two or more uses on
the same lot may be combined and used jointly, provided that the
parking space shall be adequate in area to provide the same total
off-street parking requirements with all such uses.
In the B-1 and I-1 districts, no parking shall be provided
that would necessitate the automobile backing onto any street
right-of-way. Sufficient maneuvering space shall be provided on
the lot to enable the motorist to enter all street rights -of -ways
in a forward direction.
An off-street parking shall not be less than the site
required below for the angle parking shown:
Angle
(Degrees)
Stall Width
(Feet)
Curb Length Per Stall Depth
Car (Feet) (Feet)
00
8'
2 3'
8'
200
8'
23' 6"
14'
300
8'
16'
16'6"
450
8'
111411
19' 2"
600
8'
91411
20' 6"
700
8'
8' 6"
20' 10"
900
8'
8'
19'
Section Parking Ratios
Residence, single-family 2 spaces
Residence, duplex 4 spaces
Offices 1 space for every 250 square feet of
gross floor area
Retail business .5 of a space for every 100 square feet
of gross floor area; 1 space minimum
Churches 1 space for every 8 seats in principal
auditorium
Auditoriums, Stadiums and 1 space for every 5 seats
Theatres
40

Motels, Tourist Homes and
1 space for every rental room
Boarding Houses
'
Medical Clinics
4 spaces for each doctor plus one space
for each employee
Section
Parking Ratios
Wholesale establishments,
1 space for every 3 employees during
warehouses, and other
maximum employment and 1 space for
businesses not catering
every truck to be stored or stopped
to retail or package
simultaneously
trade
Industries
1 space for every 1.5 employees during
maximum employment and 1 space for
every truck to be stored or stopped
simultaneously
Institutions and Clubs
1 space for every 5 seats in principal
assembly room
Community or Private
1 space for every 5 memberships
Swimming Clubs
I
Dwelling unit having home
2 additional spaces
beauty or barber shop
Day Care Center
1 space for each adult attendant and 1
space for every 6 children or fraction
thereof
Elementary School
3 spaces for each room used for
administration offices, or class
instruction, or 1 space for each six
(6) seats in auditoriums and other
places of assembly or facilities
available for the public, whichever is
greater
Restaurants or other
1 space for each 4 seats
eating places
Special situations which
are not covered by the above shall
be handled by the Board of
Adjustment. The Board of Adjustment
shall make the final determination as to the number of spaces to
'
be required,.but shall in
all cases give due consideration to the
needs.
1
41

IARTICLE XI. SIGN REGULATIONS
' SECTION 11.01 - GENERAL REGULATIONS
These regulations shall apply in all districts. With the
' exception of legal notices, identification, information, direc-
tional or regulatory signs erected or required by governmental
.bodies or otherwise specifically excepted herein, no exterior sign
may be erected, painted, repainted, posted, reposted, placed, re-
placed, or hung in any district, except in compliance with these
regulations.
With the exception of those signs specifically authorized in
the preceding paragraph or Section 11.07, no sign may be erected
without a permit from the Chowan County Building Inspector. Ap-
plication for permits shall be submitted on forms obtainable at
the Office of the Chowan County Building Inspector. Each applica-
tion shall include a statement by the applicant attesting to com-
pliance with the requirements of this ordinance. If conditions
warrant, the Building Inspector may require such additional infor-
mation as will enable him to determine if such a sign is to be
erected in conformance with this ordinance.
' No sign shall be permitted on any pubic right-of-way except
as specifically authorized herein. No sign shall be attached to
' or painted on any telephone pole, power pole, or other man-made
object not intended to support a sign, nor on any tree, rock or
other natural object, except as specifically authorized herein.
' Signs shall not obstruct any window, door, fire escape,
stairway, ladder, or opening intended to provide light, air, in-
gress, or egress for any building, structure or lot. No sign
shall:
1. be erected or continued that would tend by its location, color
' or nature, to be confused with or obstruct the view of traffic
signs or signals, or would tend to be confused with a flashing
light of an emergency vehicle, or
2. use words such as "stop", "go", "slow", "danger", etc., which
might be confused with traffic directional signs or signals;
or
3. obstruct the line of sight of motorists at intersections or
along a public right-of-way.
' All signs of a temporary nature shall be removed within one
week after their reason for being has ceased to exist; provided,
however, that when a shortern period of time is specified for
' removal of signs elsewhere in this ordinance, the shorter time
period shall be observed.
42

I
n
All signs shall be maintained in a state of good repair. No
sign shall be continued which becomes structurally unsafe and
endangers the safety of the public or property. The Planning
Board or its authorized agent, upon discovering or having brought
to his attention evidence of an unsafe sign, shall order that such
sign be made safe or be removed. A period of five days following
receipt of said notice by the person, firm, or corporation owning
or using the sign shall be allowed for compliance.
SECTION 11.02 - PROJECTING SIGNS AND DEVICES
Projecting signs, outdoor advertising signs and similar over-
hanging devices, where they are permitted, shall be at least ten
feet above the finished grade of any walkway. Signs attached to
the underside of a canopy shall be at least nine feet above the
finished grade of any walkway.
Signs affixed flat against the walls of buildings or vertical
surfaces of canopies and not more than 12 inches in thickness
shall not be deemed a projecting sign. Business identification
signs mounted on the parapet or on the roof line and not project-
ing more than 12 inches beyond the building face shall not be
deemed a projecting sign. The thickness of such non -projecting
signs shall not be used in measuring setbacks. In no case shall
the signs covered in this section extend closer than two feet to a
vertical plan at any street curb line.
SECTION 11.03 - AREA COMPUTATION
For the purposes of this ordinance, the square footage area
of any sign shall be computed by the smallest square, triangle,
rectangle, circle or combination thereof, which encompass all
words, numbers and symbols situated on the sign including lattice
work and wall work, incidental to its decoration.
SECTION 11.04 - SIGN ILLUMINATION
Where illuminated signs are permitted, they shall conform to
the following criteria:
Illuminated signs may have either interior or exterior source
of illumination or a combination of both.
Interior illumination, where the source of illumination is
from within the sign itself, it shall be such that the illum-
ination emanating from the sign is diffused.
Exterior illumination, where the source of illumination is
provided by such devices as, but not limited to, flood lights
or spot lights, they shall be placed and shielded as to pre-
vent the direct rays of illumination from being cast upon
neighboring lots and/or vehicles approaching on a public
right-of-way from any direction.

1
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llumination signs are required to be non -flashing; the il-
lumination for the sign shall not either totally or in part,
flash on and off except for public service information signs
as regulated by Section 11.09.
SECTION 11.05 - CONDITIONAL SETBACK
If the lot on which a sign is to be located is zoned other
.than residential, but is immediately adjacent to a lot zoned sole-
ly for residential use, the distance of at least twenty feet shall
intervene between the closest part of such sign and the adjacent
lot line of the property in the residential zone. Provided fur-
ther, that all outdoor advertising signs shall conform to Section
11.08 of this ordinance, which requires such signs to maintain a
150 foot setback from a lot zoned exclusively for residential pur-
poses.
SECTION 11.06 - PERMANENT SUBDIVISION SIGN REGULATIONS
Permanent subdivision identification signs having -a maximum
sign area of 36 square feet may be erected. There shall be a
limit of one double -face sign or two single -face signs (if two
single -face -signs are employed, maximum area per sign is 18 square
feet) for each street entrance into the development identified by
the sign. The sign shall be set back at least five feet from the
street right-of-way. Applicable side yard setbacks for buildings
shall also be adhered to.
SECTION 11.07 - SIGNS NOT REQUIRING A PERMIT FROM THE CHOWAN
COUNTY BUILDING INSPECTOR
IDENTIFICATION SIGNS
' Signs not exceeding two square feet in area and bearing only
property numbers, post office box numbers, names of occupants of
premises or other identification of premises shall not require a
' permit.
TEMPORARY REAL ESTATE SIGN
' One temporary real estate sign not exceeding four square feet
of sign area per minimum area of the zone in which located, plus
four square feet of sign area per additional 5,000 square feet of
lot up to a maximum of 72 square feet of sign area, may be placed
on a property that is for sale, lease, rent or barter. When the
property on which said sign is placed fronts on more than one
' street, one sign shall be allowed on each street frontage. Such
signs shall not be illuminated.
44

CONSTRUCTION SIGN
One temporary construction sign may be erected on the site
' during the period of construction or reconstruction to announce
the name of the owner and/or developer, contractor, subcontractor,
architect, land planner, landscape architect, engineer and devel-
opment. Such signs shall be removed within two days after the
construction work has been completed. Maximum size of construc-
•tion signs shall be as follows:
a. In residential zones, 24 square feet.
b. In all other zones, 72 square feet.
Construction signs in residential zones shall not be illuminated.
DIRECTIONAL OR INFORMATIONAL SIGN
No permit shall be required for directional or informational
signs of a public or quasi -public nature and such signs shall not
exceed eight square feet in area relative to items 1 and 2 listed
' above. Those signs may be illuminated in conformance with Section
11.04 of this ordinance or they may be of the beaded reflector
type. Such signs shall be used only for the purpose of stating or
calling attention to:
1. the name or location of a city, town, village, hospital,
' community center, public or private school, church or
other place of worship;
2. the name or place of meeting of an official or civic body
' such as the Chamber of Commerce, Rotary, Lions or Kiwanis
Club.
' INCIDENTAL SIGNS
The following incidental signs as described are allowed:
1. One incidental professional announcement sign.
a. In residential districts such signs shall not exceed
' one square foot in area, shall be flat -mounted against
the building and shall not be illuminated.
2. Any sign not exceeding 1-1/3 square feet in area. There
shall be a limit of three such signs per lot.
' SECTION 11.08 - OUTDOOR ADVERTISING SIGNS
Outdoor advertising signs shall be permitted only in A-1, B-1
and I-1 districts. For the purposes of this ordinance the follow-
ing shall be considered as one outdoor advertising sign:
-- Side -by -side signs if structurally tied together.
1 45

r7
L
' -- V-type and back-to-back signs if not located more than 15
feet apart at the nearest points of each sign.
' Setback - Outdoor advertising signs shall observe all setback
requirements of the districts in which they are located. In any
case, no outdoor advertising structure shall be located closer
than 150 feet to a lot zoned exclusively for residential pur-
poses.
Size - Outdoor advertising signs shall not be larger than 800
' square feet in area.
Location - Outdoor advertising signs on either side of a thorough-
fare shall not be located nearer to another advertising sign on
the same side of the street than 200 feet inside the County
line and 300 feet outside the County line.
Requirements - Outdoor advertising signs attached to a building
structure shall not be higher than the wall to which they are
attached. Outdoor advertising signs shall not be mounted on the
' rooftop of any building.
SECTION 11.09 - PUBLIC SERVICE INFORMATION SIGNS
Public service information signs are those signs which dis-
play public service information such as time, date, temperature,
weather or other similar information. These shall be allowed in
the B-1 and I-1 zoning districts. Public service information
signs shall be allowed to be flashing signs. Public information
signs will conform to the size and height requirements for the
' zone in which they are located.
SECTION 11.10 - BUSINESS IDENTIFICATION SIGNS
' Business identification signs shall be subject to the limita-
tions in the Table of Business Sign Requirements. All business
' identification signs itemized in the table may be illuminated.
46

SECTION 11.11 - TABLE OF BUSINESS SIGN REQUIREMENTS
Total Area of Signs
Number of Signs Permitted (See Notes Locational
District Permitted (See Note 2) 1 and 2) Requirements
B-1 One flush mounted or One square foot per
protecting sign per linear foot of
establishment building frontage
allotted to each
establishment
AND
One free-standing One square foot Maximum height
sign per separate lot per linear foot of of 35 feet at 2
of record storage feet from a
property line
relative to free-
standing signs
I-1 One flush -mounted or One square foot per
projecting sign per linear foot or build -
establishment ing frontage allotted
to each establishment
AND
One free-standing One square foot per Maximum height limi-
sign per separate linear foot of lot tation of 35 feet and 5
lot of record and frontage feet from a property
per establishment line relative to free-
standing signs
NOTE 1. Marquees for indoor theaters in the B-1 zoning districts shall not be subject
to the sign area limitations.
NOTE 2. Establishments developed on a corner lot may have one additional sign having
one square foot of sign area per linear foot of the building's corner side in addition
to the specified total number of area of signs permitted. Such signs shall be flush -
mounted and be affixed to said corner side.

ARTICLE XII. AIRPORT HEIGHT RESTRICTIVE AREAS
' SECTION 12.01 - AIRPORT HEIGHT RESTRICTIVE AREAS ESTABLISHED AS
SUPPLEMENTARY
The (AP -)designation is not intended to be utilized as a
district classification, but as a designation which identifies
" areas subject to regulations which are supplementary to the regu-
lations of the district to which such designation is attached,
appended, or "overlaid." Regulations which apply to areas desig-
nated on the zoning map as being within such appended or overlaid
' designation must be determined by joint reference to the regula-
tions of both the basic district classification and the appended
or overlay classification.
' SECTION 12.02 - INTENT
It is the intent of this ordinance to restrain influences
' which are adverse to the property and safe conduct of -aircraft in
the vicinity of the Edenton Municipal Airport, to prevent creation
of conditions hazardous to aircraft operation, to prevent conflict
with land development which may result in loss of life and proper-
ty, and to encourage development which is compatible with airport
use characteristics within the intent and purpose of zoning. To
this end, the (AP-) designation, when appended to a basic district
' classification, is intended to coordinate the purpose and intent
of this Ordinance with other regulations duly established by
Chowan County whose primary intent is to further the purposes set
' out above.
SECTION 12.03 - DEFINITIONS
1. Airport - Edenton Municipal Airport
2. Airport Elevation - The highest point of an airport's
' useable landing area measured in feet above mean sea
level. (19.01).
3. Approach Surface - A surface longitudinally centered on
' the extended runway centerline of each runway, extending
outward and upward from the end of the primary surface and
at the same slope as the approach zone height limitation
slope set forth in Section 12.04 of this ordinance.
4. Approach Zone - The inner edge approach zone coincides
with the width of the primary surface and begins 200 feet
from the runway end and is 500 feet widefor all runways.
The approach zone expands outward uniformly to a width of
3500 feet at a horizontal distance of 10,000 feet from the
' primary surface for runway 19. The approach zone expands
outward uniformly to a width of 1,500 feet at a horizontal
distance of 5,000 feet from the primary surface for runway
' 1. For runway 5, the approach zone expands outward uni-
' 48

'
formly to a width of 2,000 feet at a horizontal distance
of 5,000 feet from the primary surface; and, the approach
zone for runway 23 expands outward uniformly to a width of
1,250 feet at a horizontal distance of 5,000 feet. Its
centerlines are the continuation of the centerlines of the
respective runway.
5.
Conical Surface - A surface extending outward and upward
from the periphery of the horizontal surface at a slope of
20 to 1 for a horizontal distance of 4000 feet.
6.
Conical Zone - The conical zone is established on the area
that commences at the periphery of the horizontal zone and
'
extends outward therefrom for a distance of 4000 feet, and
upward at a slope of 20:1.
7.
Hazard to Navigation - An obstruction determined to have a
'
substantial adverse effect on the safety and efficient
utilization of the navigable airspace.
'
8.
Height - For the purpose of determining the height limits
in all zones set forth in this ordinance and shown on the
zoning map, the datum shall be mean sea level elevation
unless otherwise specified.
9.
Horizontal Surface - A horizontal plane 150 feet above the
estabished airport elevation, the perimeter of which in
plan coincided with the perimeter of the horizontal zone.
'
10.
Horizontal Zone - The horizontal zone is established by
swinging arcs of 10,000 feet radii from the center of the
end of the primary surface of runways 1 and 19 and
connecting the adjacent arcs by drawings lines tangent to
those arcs. The horizontal zone does not include the
approach and transitional zones.
11.
Obstruction - Any structures, growth, or other object,
'
including a mobile object, which exceeds a limited height
set forth in Section 12.04 of this ordinance.
'
12.
Primary Surface - A surface longitudinally centered on a
runway. The primary surface extends 200 feet beyond each
end of that runway. The elevation of any point on the
primary surface is the same as the elevation of the near-
est point on the runway centerline. The width of the
primary surface is 500 feet for all runways.
'
13.
Runway - A defined area on an airport prepared for landing
and takeoff of aircraft along its length.
'
14.
Structure - An object, including a mobile object, con-
structed or installed by man, including but without limi-
tation, building, towers, cranes, smokestacks, earth for-
mations, and overhead transmission lines.
49

15. Transitional Surfaces - These surfaces extend outward at
right angles (90 degree angles) to the runway centerline
and extend at a slope of 7 feet horizontally for each foot
vertically from the sides of the primary and approach
surfaces to where they intersect the horizontal and/or
conical surfaces.
16. Transitional Zones - The transitional zones are the areas
beneath the transitional surfaces.
SECTION 12.04 - AIRPORT ZONE HEIGHT LIMITATIONS
Except as otherwise provided in this ordinance, no structure
shall be erected, altered or maintained, and no trees shall be
allowed to grow in any zone created by this ordinance to a height
in excess of the applicable height limitations herein established
for each zone in question as follows:
1. Approach Zone, APA - a) For runway 19, the approach slopes
34 feet outward for each foot upward beginning at the end
of and at the same elevation as the primary surface and
extending to a horizontal distance 10,000 feet along the
extended runway centerline. The inner dimension is 500
feet and its outer dimension is 3,500 feet; b) For runway
1, the approach zone slopes 20 feet outward for each foot
upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal dis-
tance of 5,000 feet along the extended runway centerline.
The inner dimension is 500 feet and its outer dimension is
1,500 feet; c) For runway 5, the approach zone slopes 20
feet outward for each foot upward beginning at the end of
and at the same elevation as the primary surface and ex-
tending to a horizontal distance of 5,000 feet along the
extended runway centerline. The inner dimension is 500
feet and its outer dimension is 2,000 feet; d) For runway
23 the approach zone slopes 20 feet outward for each foot
upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal dis-
tance of 5,000 feet along the extended runway centerline.
The inner dimension is 500 feet and its outer dimension if
1,250 feet.
2. Transitional Zones, APT - Slopes 7 feet outward for each
foot upward beginning at the side of and at the same ele-
vation as the primary surface and the approach surface,
and extending to a height of 150 feet above the airport
elevation or 169 feet above mean sea level. In addition
to the foregoing, there are established height limits.
sloping 7 feet outward for each foot upward beginning at
the sides and at the same elevation as the approach sur-
face, and extending to where they intersect the horizontal
surfaces.
50

I
3. Horizontal Zone, APH - Established at 150 feet above the
airport or at a elevation of 169 feet above the mean sea
level.
4. Conical Zone , APC - Slopes 20 feet outward for each foot
upward beginning at the periphery of the horizontal zone
and at 150 feet above the airport elevation and extending
to an elevation 369 feet above mean sea level.
SECTION 12.05 - USE RESTRICTION
Notwithstanding any other provisions of this ordinance, no use
may be made of land or water within any zone established by this
ordinance in such a manner as to create electrical interference
with navigational signals or radio communication between the air-
port and aircraft, make it difficult for pilots to distinguish
between airport lights and others, result in glare in the eyes of
pilots using the airport, impair visibility in the vicinity of the
airport, create bird strike hazards, or otherwise in any way en-
danger or interfere with the landing, takeoff, or maneuvering of
aircraft intending to use the airport.
SECTION 12.06 - NONCONFORMING USE
1. Regulations not Retroactive - The regulations prescribed
by this ordinance shall not be construed to require the
removal, lowering, or other change or alteration of any
structure or tree not conforming to the regulations as of
the effective date of this ordinance, or otherwise inter-
fere with the continuance of nonconforming use. Nothing
contained herein shall require any change in the consrtuc-
tion, alteration, or intended use of any structure, the
construction or alteration of which was begun prior to the
effect date of this ordinance, and is diligently prose-
cuted.
2. Obstruction, Marking and Lighting - Notwithstanding the
preceding provision of this Section, the owner of any
existing nonconforming structure or tree is hereby re-
quired to permit the installation, operation, and main-
tenance thereon of such markers and lights as shall be
deemed necessary by the Chowan County Board of Commis-
sioners and the Edenton Municipal Airport to indicate to
the operators of aircraft in the vicinity of the airport
and the presence of such airport obstruction. Such mark-
ers and lights shall be installed, operated and maintained
at the expense of the Edenton Municipal Airport.
SECTION 12.07 - PERMITS
The Zoning Administrator shall
in an "APA" , "APH" , "APT" , or "APC"
mined that the proposal upon which
compliance with the terms of these
not issue a zoning permit with -
area until it has been deter -
he is requested to act is in
regulations.
51

1. Future Uses - Except as specifically provided in a, b, and
c hereunder, no material change shall be made in the use
of land, no structure shall be erected or otherwise es-
tablished, and no tree shall be planted in any zone hereby
created unless a permit therefore shall have been applied
for and granted. Each application for a permit shall
indicate the purpose for which the permit is desired, with
sufficient particularity to permit it to be determined
whether the resulting use, structure, or tree would con-
form to the regulations herein prescribed. If such deter-
mination is in the affirmative, the permit shall be grant-
ed. No permit for a use inconsistent with the provisions
of this ordinance shall be granted unless a variance has
been approved in accordance with Section 15.04.
a. In the area lying within the limits of the horizontal
zone and conical zone, no permit shall be required for
any tree or structures less than 75 feet of vertical
height above the ground, except when, because of ter-
rain, land contour, or topographic features, such tree
or structure would extend above the height limits
prescribed for such zones.
b. In areas lying within the limits of the approach
zones, but at a horizontal distance of not less than
4200 feet from each end of the runway, no permit shall
be required for any tree or structure less than 75
feet of vertical height above the ground, except when,
because of terrain, land contour, or topographic fea-
tures, such tree or structure would extend above the
height limits prescribed for such zones.
c. In the areas lying within the limits of the transition
zones, no permit shall be required for any tree or
structure less than 75 feet above the ground, except
when such tree or structure because of terrain, land
contour, or topographic features, would extend above
the height limit prescribed for such transition
zones.
Nothing contained in any of the foregoing exceptions,
shall be construed as permitting or intending to per-
mit any construction, alteration of any structure, or
growth of any tree in excess of any of the height
limits established by this ordinance.
2. Existing Uses - No permit shall be granted that would
allow the establishment or creation of an obstruction or
permit a nonconforming use, structure, or tree to become a
greater hazard to air navigation than it was on the effec-
tive date of this ordinance or any amendments thereto or
than it is when the application for a permit is made.
Except as indicated, all applications for such a permit
shall be granted.
52

n
111
3. Nonconforming Uses Abandoned or Destroyed - Whenever the
Zoning Administrator determines that a nonconforming tree
or structure has been abandoned or more than 75 percent
torn down, physically deteriorated, or decayed,no permit
shall be granted that would allow such structure or tree
to exceed the applicable height limit or otherwise deviate
from the zoning regulations.
4. Variances - Any person desiring to erect or increase the
height of any strcuture, or permit the growth of any tree,
or use property, not in accordance with the regulations
prescribed in this ordinance, may apply to the Board of
Adjustment for a variance from such regulations (See Sec-
tion 15.04).
The application for variance shall be accompanied by a
determination from the Federal Aviation Administration as
to the effect of the proposal on the operation of air
navigation facilities and the safe, efficient use of navi-
gable airspace. Such variances shall be allowed where it
is duly found that a literal application or enforcement of
the regulations will result in unnecessary hardship and
relief, if granted, will not be contrary to the public
interest, will not create a hazard to air navigation, will
do substantial justice, and will be in accordance with the
spirit of this ordinance. Additionally, no application
for variance to the requirements of this ordinance may be
considered by the Board of Adjustment unless a copy of
this application has been furnished to the Edenton
Municipal Airport for advice as to the aeronautical ef-
fects of the variance. If the Edenton Municipal Airport
does not respond to the application within 15 days after
receipt, the Board of Adjustment may act on its own grant
or deny said application.
5. Obstruction Marking and Lighting - Any permit or variance
granted may, if such action is deemed advisable to effec-
tuate the purpose of this ordinance and be reasonable in
the circumstances, be so conditioned as to require the
owner of the structure or tree in question to install,
operate, and maintain, at the owner's expense, such mark-
ings and lights as may be necessary. If deemed proper by
the Board of Adjustment, this condition may be modified to
require the owner to permit Edenton Municipal Airport at
its own expense, to install, operate and maintain the
necessary markings and lights.
ARTICLE XIII. NONCONFORMING SITUATIONS
53

SECTION 13.01 - DEFINITIONS
'
Unless the context clearly indicates otherwise, the terms
defined below are used in this section in the following manner:
a.
Nonconforming Situation. A situation that occurs when, on
the effective date of this ordinance or any amendment to
it, an existing lot or structure or use of an existing lot
or structure does not conform to one or more of the regu-
lations applicable to the district in which the lot or
structure is located. Among other possibilities, a non-
conforming situation may arise because a lot does not meet
minimum acreage requirements, because structures do not
satisfy maximum height or minimum floor -space limitations,
because the relationship between existing buildings and
the land (in such matters as density and setback require-
ments) is not in conformity with the ordinance, or because
land or buildings are used for purposes made unlawful by
the ordinance.
'
b.
Nonconforming Use. A nonconforming situation that occurs
when property is used for a purpose or in a manner made
unlawful by the use regulations applicable to the district
'
in which the property is located. (For example, a commer-
cial office building in a residential district may be
nonconforming use). The term also refers to the activity
that constitutes the use made of the property. (For exam-
1
ple, all the activity associated with running a bakery in
a residentially zoned area is a nonconforming use).
c.
Dimensional Nonconformity. A nonconforming situation that
occurs when the height, size, or minimum floor space of a
structure or the relationship between an existing building
or buildings and other buildings or lot lines does not
conform to the regulations applicable to the district in
which the property is located.
d.
Nonconforming Lot. A lot existing at the effective date
of this ordinance or any amendment to it (and not created
for the purpose of evading the restrictions of this ordi-
nance) that cannot meet the minimum area or lot -width
requirements of the district in which the lot is located.
e. Ordinance. This ordinance, including any amendments.
Whenever the effective date of the ordinance is referred
to, the reference includes the effective date of any
amendment to it.
f. Nonconforming Project. Any structure, development, or
undertaking that is incomplete at the effective date of
this ordinance and would be inconsistent with any regula-
tion applicable to the district in which it is located if
completed as proposed or planned.
54

' g. Expenditure. A sum of money paid out in return for some
benefit or to fulfill some obligation. Whenever the term
is used hereafter, it also includes binding, contractual
' commitments to make further expenditures,.as well as any
other substantial changes in position.
SECTION
13.02 - CONTINUATION OF NONCONFORMING SITUATIONS AND
COMPLETION OF NONCONFORMING PROJECTS
a.
Nonconforming situations that were otherwise lawful on the
effective date of this ordinance may be continued, subject
to the restrictions and qualifications set forth in Sec-
tions 13.03 through 13.08 of this Article.
b.
Nonconforming projects may be completed only in accordance
with the provisions of Section 13.08 of this Article.
LSECTION
13.03 - NONCONFORMING LOTS
a.
When a nonconforming lot can be used in conformity with
'
all of the regulations (other than the area or width re-
quirements) applicable to the district in which the lot is
located, such a use may be made as of right. Otherwise,
the nonconforming lot may be used only in accordance with
'
a special -use permit issued by the Board of Adjustment.
The Board shall issue such a permit if it finds that (i)
1
the proposed use is one permitted by the regulations ap-
plicable to the district in which the property is located,
and (ii) the property can be developed as proposed without
any significant negative impact on the surrounding proper-
ty or the public health, safety, or welfare. In issuing
the permit authorized by this paragraph, the Board may
allow deviations from applicable dimensional requirements
(such as setback lines and yard size minimums) if it finds
that no reasonable use of the property can be made without
such deviations.
'
b.
Whenever this ordinance creates a nonconforming lot and
the owner of the nonconforming lot also owns land adjacent
to it, and a portion of this other land can be combined
with the nonconforming lot to create a conforming lot
(without hereby creating other nonconformities), the owner
of the nonconforming lot, or his successor in interest,
may not take advantage of the provisions of paragraph (a)
'
of this Section.
SECTION
13.04 - EXTENSION OR ENLARGEMENT OF NONCONFORMING
SITUATIONS
a.
Except as specifically provided in this subsection, it
shall be unlawful for any person to engage in any activity
'
that causes an increase in the extent of nonconformity of
a nonconforming situation.
1 55

b. Subject to paragraph (d) of this subsection, a nonconform-
ing use may be extended throughout any portion of a com-
pleted building that, when the use was made nonconforming
by this ordinance, was manifestly designed or arranged to
accommodate such use. However, subject to Section 13.08
of this Article (authorizing the completion of nonconform-
ing projects in certain circumstances), a nonconforming
use may not be extended to additional buildings or to land
outside the original building.
c. Subject to Section 13.08 of this ordinance (authorizing
the completion of nonconforming projects in certain cir-
cumstances), a nonconforming use of open land may not be
extended to cover more land than was occupied by that use
when it became nonconforming.
d. The volume, intensity, or frequency of use of property
where a nonconforming situation exists may be increased
and the equipment or processes used at a location where a
nonconforming situation exists may be changed -if these or
similar changes amount only to changes in the degree of
activity rather than changes in kind and no violations of
other paragraphs of this section occur.
e. Physical alteration of structures or the placement of new
structures on open land are unlawful if they result in:
-- An increase in the total amount of space devoted to a
nonconforming use;
-- Greater nonconformity with respect to dimensional restric-
tions such as yard requirements, height limitations, or
density requirements; or
-- The enclosure of previously unenclosed areas, even though
those areas were previously used in connection with the
nonconforming activity. An area is unenclosed unless at
least 75% of the perimeter of the area is marked by a
permanently constructed wall or fence.
f. Minor repairs to and routine maintenance of property where
nonconforming situations exist are permitted and encour-
aged. Major renovation--i.e., work estimated to cost more
than 10% of the appraised value of the structure to be
renovated (and not required by the partial or total des-
truction of a structure [see paragraph (h)1--may be done
pursuant to a special -use permit issued by the Board of
Adjustment. The Board of Adjustment shall issue such a
permit if it finds that the work will not result in a
violation of any other paragraphs of this Section
[particularly paragraph (c)"l or make the property more
incompatible with the surrounding neighborhood.
56

I
H
n
g. Notwithstanding paragraph (e), any structure used for
single-family residential purposes and maintained as a
nonconforming use may be replaced with a similar structure
of a larger size, so long as the replacement does not
create new nonconformities or increase the extent of
existing nonconformities with respect to yard size and
setback requirements. In particular, a mobile home may be
replaced with a larger mobile home, and a "single -wide"
mobile home may be replaced with a "double -wide." This
paragraph is subject to the limitations stated in Section
13.06 on abandonment and discontinuance of nonconforming
situations.
h. A structure that is nonconforming in any respect or a
structure that is used in a nonconforming manner may be
reconstructed or replaced if partially or totally des-
troyed, subject to the following restrictions;
-- The total amount of space devoted to a nonconforming use
may not be increased, except that a larger, single-family
residential structure may be constructed in place of a
smaller one and a larger mobile home intended for residen-
tial use may replace a smaller one;
-- The reconstructed building may not be more nonconforming
with respect to dimensional restrictions such as yard
requirements, height limitations, or density requirements,
and such dimensional nonconformities must be eliminated if
they can reasonably be accomplished without unduly burden-
ing the reconstruction process or limiting the right to
continue the nonconforming use of such building;
-- The reconstructed building may not enclose areas that were
previously unenclosed, even though those areas were used
in connection with the nonconforming activity. An area is
unenclosed unless at least 75% or more of the perimeter of
the area is marked by a permanently constructed wall or
fence.
i. Except for single-family residential structures (including
mobile homes), if the estimated cost of the reconstruction
work exceeds 10% of the appraised value of the structure,
the work may be done only after issuance of a special -use
permit by the Board of Adjustment. The Board shall issue
the permit if it finds that the work will be done in ac-
cordance with this paragraph and that the reconstructed
building will not make the property more incompatible with
the surrounding property than it was before the destruc-
tion occurred.
SECTION 13.05 - CHANGE IN KIND OF NONCONFORMING USE
a. A nonconforming use may be changed to a conforming use.
Thereafter, the property may not revert to a nonconforming
use.
57

1
1
I
b. A nonconforming use may be changed to another nonconform-
ing use only in accordance with a special -use permit is-
sued by the Board of Adjustment. The Board shall issue
such a permit if it finds that the proposed use will be
more compatible with the surrounding neighborhood than the
use in operation at the time the application is made for
the permit. If a nonconforming use is changed to any use
other than a conforming use without obtaining a special -
use permit pursuant to this paragraph, that change shall
constitute a discontinuance of the nonconforming use, with
consequences as stated in Section 13.06 of this Article.
C. If a nonconforming use and a conforming use, or any combi-
nation of conforming and nonconforming uses, or any combi-
nation of nonconforming uses exist on one lot, the use
made of the property may be changed substantially (except
to a conforming use), only in accordance with a special -
use permit issued by the Board of Adjustment. The Board
shall issue such a permit if it finds that the proposed
use will be more compatible with the surrounding neighbor-
hood than the use or combination of uses in operation at
the time the permit is applied for.
SECTION 13.06 - ABANDONMENT OR DISCONTINUANCE OF NONCONFORMING
SITUATIONS
a. When a nonconforming use is (i) discontinued for a consec-
utive period of 180 days, or (ii) discontinued for any
period of time without a present intention to reinstate
the nonconforming use, the property involved may there-
after be used only for conforming purposes, except as
provided in paragraph (b) of this Section. Present
intention to reinstate the use shall not be considered if
the abondoned property lacks maintenance or continuity of
public services such as water, electricity and trash
removal.
b. The Board of Adjustment may issue a special -use permit to
allow a nonconforming use that has been discontinued for
more than 180 consecutive days to be reinstated if it
finds that (i) the nonconforming use has been discontinued
for, less than two years, and (ii) the discontinuance re-
sulted from factors that, for all practical purposes, were
beyond the control of the person maintaining the noncon-
forming use.
C. If the principal activity on property where a nonconform-
ing situation other than a nonconforming use exists is (i)
discontinued for a consecutive period of 180 days, or (ii)
discontinued for any period of time without a present
intention of resuming that activity, then that property
may thereafter be used only in conformity with all of the
regulations applicable to the district in which the pro-
perty is located, unless the Board of Adjustment issues a
ON

special -use permit to allow the property to be used (for a
conforming purpose) without correcting the nonconforming
situation. The Board shall issue such a permit if it
finds that (i) the nonconforming situation cannot be cor-
rected without undue hardship or expense, and (ii) the
nonconforming situation is of a minor nature that does not
adversely affect the surrounding property or the general
public to any significant extent.
d. For purposes of determining whether a right to continue a
nonconforming situation is lost pursuant to this section,
all of the buildings, activities, and operations main-
tained on a lot are generally to be considered as a whole.
' But if a nonconforming use is maintained in conjunction
with a conforming use, discontinuance of a nonconforming
use for the required period shall terminate the right to
' maintain it thereafter.
e. When a structure or operation made nonconforming by this
' ordinance is vacant or discontinued at the effective date
of this ordinance, the 180 day period for purposes of this
Section begins to run at the effective date of the ordi-
nance.
SECTION 13.07 - TERMINATION OF NONCONFORMING SITUATIONS
' Subject to all other terms and conditions of Article XIII of
this ordinance, nonconforming situations shall not be subject to
specific time limitations for permanent discontinuation.
' SECTION 13.08 - COMPLETION OF NONCONFORMING PROJECTS
a. All work on any nonconforming project shall cease on the
' effective date of this ordinance. Thereafter, work on
nonconforming projects may begin, or may continue, only
pursuant to a special -use permit issued by the Board of
' Adjustment (except as provided in paragraph (b) of this
section). The board shall issue such a permit if it finds
that the applicant has in good faith made substantial
' expenditures or incurred substantial binding obligations
or otherwise changed his position in some substantial way
in reasonable reliance on the land use law as it existed
before the effective date of this ordinance and thereby
would be unreasonably prejudiced if not allowed to
complete his project as proposed. In considering whether
these findings may be made, the Board shall be guided by
the following:
-- To the extent that expenditures are recoverable with a
reasonable effort, a party shall not be considered pre-
judiced by having made those expenditures. For example, a
party shall not be considered prejudiced by having made
expenditure to acquire a potential development site if the
' property obtained is just as valuable under the new class-
59

ification as it was under the old, for the expenditure can
be recovered by resale of the property.
'
-- An expenditure shall be considered substantial if it is
significant both in dollar amount and in terms of (i) the
total estimated cost of the proposed project, and (ii) the
'
ordinary business practices of the developer.
-- A person shall be considered to have acted in good faith
if actual knowledge of a proposed adoption of land -use law
'
affecting the proposed development site could not be at-
tributed to him.
-- Even though a person had actual knowledge of a proposed
adoption of land -use law affecting a development site, the
Board may still find that he acted in good faith if he did
not proceed with his plans in a deliberate attempt to
'
circumvent the effects of the proposed ordinance. The
Board may find that the developer did not proceed in an
attempt to undermine the proposed ordinance if it deter-
'
mines that (i) at the time the expenditures were made,
either there was considerable doubt about whether any
oridnance would ultimately be passed, or it was not clear
'
that the proposed ordinance would prohibit the intended
development; and (ii) the developer had legitimate
business reasons for making expenditures.
'
b. The requirements of paragraph (a) of this Section shall
not apply to a nonconforming project if the zoning en-
forcement officer certifies that actual construction of
that project began at least 180 days before the effective
date of this ordinance and that the work is at least 75%
complete at the effective date of this ordinance.
'
c. The Board of Adjustment shall not consider any application
for the special -use permit authorized by paragraph (a) of
this section that is submitted more than 90 days after the
'
effective date of this ordinance, unless it waives this
requirement for good cause shown.
'
d. If the Board of Adjustment issues a special -use permit
pursuant to paragraph (a) of this section, it may attach
such reasonable conditions to the permit as it finds nec-
essary to reduce the extent to which the nonconforming
project is incompatible with the surrounding neighborhood.
In particular, the Board may require that work on the
nonconforming project be continuously maintained, if pos-
sible, and that the project be completed as expeditiously
as possible.
e. When it appears from the developer's plans or otherwise
that the nonconforming project was intended to be or reas-
onably could be completed in stages, segments, or other
'
discrete units, the Board of Adjustment shall not allow
1 60

I�
the nonconforming project to be constructed or completed
in a fashion that is larger or more extensive than is
necessary to allow the developer to recoup and obtain a
reasonable rate of return on the expenditures he has made
in connection with that nonconforming project.
ARTICLE XIV. CERTIFICATE ISSUANCE
SECTION 14.01 - ZONING CERTIFICATE
No building or structure or any part thereof designed or in-
tended to be used for other than farm or agricultural purposes
shall be erected or repaired until a Zoning Certificate therefore
has been issued by the Chowan County Building Inspector. A fee of
$30.00 shall be charged for the issuance of each Zoning Certifi-
cate.
Each application for a Zoning Certificate shall be accompanied
by a plat, drawn to scale, showing accurate dimensions of the lot
to be built upon, accurate dimension of the building to be erec-
ted, its location on the lot, and such other information as may be
necessary to provide for the enforcement of this ordinance. A
careful record of such applications and plats, together with a
record of the action taken thereon shall be kept in the Office of
the Chowan County Building Inspector.
No permit for excavation for or erection of any building or
part of a building, or for repairs to or alteration of a building,
or the relocation of a building from the lot on which it is situ-
ated shall be issued until after a statement of its intended use
has been filed by the applicant.
SECTION 14.02 - CERTIFICATE OF OCCUPANCY/COMPLIANCE
No land shall be used or occupied, except for farm purposes,
and no building or structure erected, altered, used or changed in
use for other than farm purposes until a Certificate of Occu-
pancy/Compliance shall have been issued by the Chowan County
Building Inspector stating that the building and/or the proposed
use has been determined to be in compliance with the provisions of
this ordinance. A like certificate shall be issued for the pur-
pose of changing any existing use, as well as for maintaining,
renewing, changing, or extending any nonconforming use. A Certif-
icate of Occupancy/Compliance either for the whole or part of a
building, shall be applied for prior to occupancy and shall be
issued within five days after the erection of alterations of such
building or part shall have been found in compliance with the
provisions of this ordinance and other applicable codes and ordi-
nances. A record of all such certificates shall be kept on file
in the Office of the Chowan County Building Inspector and shall be
furnished on request, to any person having a proprietary of ten-
ancy interest in the building or land. A fee of $30.00 shall be
61

P
charged for the issuance of each Certificate of Occupancy/Compli-
ance and $5.00 for a copy thereof.
SECTION 14.03 - COMPLIANCE WITH STATE GUIDELINES FOR AREAS OF
ENVIRONMENTAL CONCERN
Prior to the issuance of any initial zoning permit, zoning
change permit, or conditional use permit, the zoning administrator
and local AEC Permit Officer in consultation with the State AEC
Field Consultant, shall determine whether the proposed use or
structure is located within an Area of Environmental Concern.
This determination shall result from an on -site investigation. If
the proposed use or structure is located in an Area of Environ-
mental Concern, the zoning administrator and local AEC Permit
Officer shall certify that the proposed use or structure complies
with development standards of the State Guidelines for Areas of
Environmental Concern prior to issuing any zoning permit.
SECTION 14.04 - PENALTIES FOR VIOLATION
Any person, firm, or corporation who violates any provision of
this ordinance shall be guilty of a misdemeanor. Each day that
violation continues to exist shall be considered a separate of-
fense.
ARTICLE XV. BOARD OF ADJUSTMENT
SECTION 15.01 - COMPOSITION OF THE BOARD OF ADJUSTMENT PURSUANT TO
N.C.G.S. CHAPTER 943, SESSION LAWS OF 1973
There is hereby established the composition of the Chowan
County Board of Adjustment. The Board of Adjustment shall consist
of five active members and two alternate members. An alternate
member or members will be called upon to hear appeals in cases
where the issue to be decided upon involves a personal conflict of
interest with one or more regular Board of Adjustment members.
The members shall be appointed by the Chowan County Board of Com-
missioners. All five members of the Board of Adjustment shall
have the same and equal powers and duties.
SECTION 15.02 - JURISDICTION OF BOARD OF ADJUSTMENT
The Board of Adjustment shall have authority on any appeal
relative to the provisions of this ordinance originating from
within the area encompassed by the legal description of the jur-
isdiction of this ordinance as described in Section 2.01.
SECTION 15.03 - RULES FOR PROCEEDINGS OF THE BOARD OF ADJUSTMENT
The Board shall adopt rules governing its organization and
for all proceedings before it. Such rules shall provide and re-
quire the following in addition to such other rules and regula-
tions the Board shall adopt.
62

J
-- The Board shall elect a Chairman and Vice -Chairman on an
annual basis.
-- The Chowan County Building Inspector or his designee
shall serve as the Secretary of the Board. The Secretary
shall keep minutes of the proceedings. The minutes shall
contain relevant facts and testimony of each appeal, the
vote of each member on each appeal, abstention from vot-
ing and attendance.
-- No appeal may be heard unless a quorum is present. A
quorum shall consist of three/fifths of the membership of
the Board.
-- Due notice shall be given to all parties having interest
in an appeal.
-- Any interested party may appear in person, by agent or by
Attorney to offer _evidence and testimony relative to an
appeal.
-- Fees for filing appeals to the Board of Adjustment shall
be as follows:
Variance Request 30.00.
Special Use Permit Request 30.00.
Renewal of Special Use Permit Request 15.00.
SECTION 15.04 - POWERS OF BOARD
Review of Enforcement Officers Decision
Where it is alledged that there is any error in any order,
decision, or requirements of the Enforcement Officers appointed by
the Chowan County Board of Commissioners, the Board shall have the
power to hear and decide any appeal taken from the order, decision
or requirement of the Enforcement Officer and to grant a variance
to the appellant to rectify any error of the Enforcement Officer.
A concurring vote of four members of the Board shall be required
to reverse any order, decision, or determination of the Enforce-
ment Officer or to decide in favor of the applicant any matter
which the Board is required to pass under the provisions of this
ordinance, or to grant any variation in this ordinance.
UnrinnrP-q
' A variance may be granted to authorize upon appeal in spe-
cific cases such variance from the terms of this ordinance as will
not be contrary to the public interest where owing to special
conditions a literal enforcement of the provisions of this ordi-
nance will result in undue hardship, and so that the spirit of
this ordinance shall be observed and substantial justice done. In
considering all proposed variances to this ordinance, the Board
' shall, before making any finding in a specified case, first deter-
mine tht the proposed variances will not constitute any change in
M.

' the district boundaries shown on the Zoning Map and will not im-
pair any adequate supply of light and air to adjacent property, or
materially increase the public danger of fire and safety, or ad-
versely affect the use or physical attributes of property within
the surrounding area, or in any other respect impair the public
health, safety, and general welfare.
' In granting a variance the Board may impose thereto such
conditions regarding the location, character, and other features
' of the proposed building, structure or use as it may deem advis-
able in furtherance of the purposes of this ordinance.
Before a variance is granted it shall be shown that special
' circumstances attached to the property which do not generally
apply to other property in the neighborhood. A variance may be
granted only.when the practical difficulty of undue hardship com-
plained of is due to the particular characteristics of the proper-
ty and not to the general conditions of the neighborhood which may
reflect an undue stringency of the ordinance itself. A hardship
' peculiar to the applicant as distinguished from others affected by
the general rule must be shown.
The ' Board may grant a variance in the dimensional yard re-
quirements of this ordinance only where by reason of exceptional
narrowness, shallowness, or shape of a specific piece of property
which was a lot of record as of the effective date of this ordi-
nance, or where due to the topographical conditions of a piece of
property the strict application of the said dimensional require-
ments of this ordinance would result in practical difficulties or
' undue hardship of such nature as described in the preceeding para-
graph.
The fact that property may be utilized more profitably will
' not be considered as a justification for granting a variance by
the Board.
' The Board shall have the power to grant, in particular cases
and subject to appropriate safeguards, permits for Special Uses as
authorized by Article IX, Section 9.02.
' Additional Power
In addition to the general powers conferred upon the Board in
' the foregoing, the Board shall have authority to make the follow-
ing exception to the general provisions of this ordinance:
' Where a use district boundary line crosses a lot,
the Board, after a public hearing in which it has
determined that the spirit and intent of this
ordinance has been carried out, may permit a use
' of either classification on the whole lot, but
not to exceed a distance of 150 feet from the
boundary line.
1 64

' SECTION 15.05 - APPEAL TO THE BOARD OF ADJUSTMENT
An appeal may be taken to the Board of Adjustment by any
' person aggrieved by a decision of any officer, department or Board
of the County relative to enforcement or interpretation of this
ordinance. Such appeal shall be taken within a reasonable time as
provided by the rules of the Board filing the appeal with the
Office of the County Building Inspector. The officer from whom
the appeal is taken shall forthwith transmit to the Board all
papers constituting the record upon which the action appealed from
was taken.
' SECTION 15.06 - APPEAL FROM DECISION OF THE BOARD OF ADJUSTMENT
Any person or persons aggrieved by a decision of the Board of
Adjustment may within 90 days, but not thereafter, present to
Superior Court of Chowan County a petition for a write of cer-
tiorari, duly verified, setting forth that such a decision is
illegal, in whole or in part, specifying the grounds of illegali-
ty, whereupon such a decision of the Board shall be subject to
review as provided by law.
I
ARTICLE XVI. AMENDMENT PROCEDURE
' SECTION 16.01 - AMENDMENT BY OWN MOTION
The Chowan County Board of Commissioners may from time -to -
time amend, supplement, change, modify, or repeal the boundaries
or regulations herein or subsequently amended. This may be done
on the Commissioners own motion or as a result of a recommendation
after a public hearing as prescribed below.
SECTION 16.02 - AMENDMENT BY PETITION
' The Chowan County Board of Commissioners may also desire to
take such action as a result of a petition presented by a private
citizen or citizens in accordance with the following procedures.
Such petitions shall be presented to the Board at least fifteen
working days prior to the meeting of the Planning Board
meeting at which it is to be heard, not to include the day of the
meeting. The petition shall contain such information, and shall
' be presented in such manner as specified by the Planning Board.
The Planning Board, after studying the petition, shall prepare a
recommendation to be considered by the Board of Commissioners at
' its next regular meeting. This recommendation will contain all
reasons considered in the deliberations of the Planning Board. In
cases of petitions requesting rezoning of property, a non-refund-
able fee of $30.00 shall be paid by the applicant prior to place-
ment of the request on any agenda of the Planning Board.
Acceptance by the Chowan County Board of Commissioners of a
' recommendation of the Planning Board for an amendment of this
1 65

ordinance will be only in the form of an authorization for notice
of a public hearing as prescribed by law. Notice for such public
' hearing shall be given once a week for two successive calendar
weeks in a newspaper distributed in the County and the first such
notice shall be published the first time not less than 15 days and
not more than 25 days prior to the date fixed for the hearing.
SECTION 16.03 - PROTEST TO AMENDMENT
1 In cases of a protest against any proposed amendments, signed
by the owners of 20% or more either of the area of the lots in-
cluded in such proposed change, or of those in immediately adja-
cent thereto either in the rear thereof or on either side thereof,
' extending 100 feet therefrom, or of those directly opposite there-
of extending 100 feet from the street frontage of such opposite
lots, such amendment shall not become effective except by favor-
able vote of three -fourths of all the members of the Chowan County
Board of Commissioners.
IARTICLE XVII. LEGAL STATUS PROVISIONS
SECTION 17.01 - VALIDITY
If any section, sentence, clause, or phrase of this ordinance
' is for any reason held to be invalid such decision shall not af-
fect the validity of the remaining portions of this ordinance.
The Chowan County Board of Commissioners hereby declares that it
' would have passed this ordinance and each section, clause and
phrase thereof, irrespective off the fact that any one or more
sections, sentences or clauses be declared invalid.
' SECTION 17.02 - EFFECTIVE DATE
This ordinance shall be in full force and effective hence-
forth from This ordinance was duly adopted by the
Chowan County Board of Commissioners on , with
an effective date of
' 66