Zoning Ordinance-1997

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Division of Coastal Management
DRAFT
CITY OF HAVELOCK
ZONING ORDINANCE
NOVEMBER, 1997

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DRAFT
CITY OF HAVELOCK
ZONING ORDINANCE
NOVEMBER, 1997
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TABLE OF CONTENTS
ZONING ORDINANCE
OF
HAVELOCK, NORTH CAROLINA
Page
ARTICLE 1: AUTHORITY AND ENACTMENT
1.1 Authority....................................................... 3
1.2 Title.......................................................... 3
1.3 Purpose....................................................... 3
1.4 Intent......................................................... 3
1.5 Interpretation.................................................... 4
ARTICLE 2: GENERAL PROVISIONS
2.1
Introduction..................................................... 5
2.2
Jurisdiction..................................................... 5
2.3
Application of District Regulations ..................................... 5
2.4
Provision for Official Zoning Map ..................................... 6
2.5
Replacement of Official Zoning Map ................................... 6
2.6
Relationship to Land Use Plan ....................................... 6
2.7
Relationship to Existing Subdivision and Flood Control Ordinances ............ 6
2.8
No Use or Sale of Land or Buildings Except in Conformity With
Chapter Provisions ................................................ 7
2.9
Fees.......................................................... 7
2.10
Severability..................................................... 7
2.11
Computation of Time .............................................. 7
ARTICLE 3: DEFINITION OF TERMS
O
3.1 General
8
3.2 Word and Term Definitions ..........................................
9
aARTICLE
4: LOCATIONS AND BOUNDARIES OF DISTRICTS ..................
22
ARTICLE 5: ESTABLISHMENT OF ZONING DISTRICTS ......................
23
ARTICLE 6: APPLICATION OF GENERAL REGULATIONS
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6.1 Use ..........................................................
and Orientation 6.2 Only One Main Building, One Main Use on Lot, a
27
of Building ...................................................
27
6.3 Minimum Yards .................................................
27
6.4 Lot Subdivision .................................................
27
6.5 Certificate of Occupancy ..........................................
27
6.6 Improvements Bond ..............................................
27
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6.7 Conflict with Other Laws of Covenants
28
6.8 Bona Fide Farm Exemption ................................
28
ARTICLE 7: DISTRICT REGULATIONS
7.1 Table of Permitted Uses . 29
7.2 Notes to the Table of Permitted Uses ................................. 42
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ARTICLE
8: TABLE OF AREA, YARD, AND HEIGHT REQUIREMENTS ...........
45
8.1
Notes to the Table of Area, Yard and Height Requirements .................
46
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ARTICLE 9: PLANNED BUILDING GROUP REGULATIONS
9.1
Planned Building Group Regulations for Apartments and Condominiums .......
48
9.2
Planned Building Group Regulations for Attached Dwelling Unit for
Individual Ownership .............................................
49
9.3
Planned Unit Development (PUD)....................................
51
9.4
Residential Cluster Development ....................................
52
9.4.1 Density Transfer ......................................
52
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9.4.2 Homeowners' Association ...............................
52
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9.4.3 Site Plan ...........................................
54
9.4.4 Construction Standards ................................
54
9.4.5 Bond or Letter of Credit Requirements .....................
54
9.5
Business Planned Building Group Regulations ..........................
55
9.6
Planned Building Group Regulations for Manufactured Home Parks ...........
57 n
9.7
Industrial Parks and All Uses Contained Herein Shall Be Allowed Only
u
as a Planned Building Group .......................................
62
ARTICLE 10: SPECIAL EXCEPTION USE REGULATIONS
10.1
General Regulations .............................................
67
10.2
Application for Special Exception Use Permits ...........................
68
10.3
Review and Approval of Special Exception Uses .........................
69
D
10.4
Specific Requirements for Some Special Exception Uses ..................
70
10.4.1 Automobile Sales/Repair Lot ..............................
70
10.4.2 Borrow Pits .......................
70
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10.4.3 Accessory Buildings ...................................
70
10.4.4 Churches ...........................................
70
10.4.5 Day Care Centers and Nurseries ..........................
70
10.4.6 Hospitals, Nursing Homes, and/or Extended Medical Facilities ....
70
10.4.7 Junk and Salvage Yards ................................
70
10.4.8 Landfills, Construction or Demolition Type ...................
70
10.4.9 Landfills, Sanitary .....................................
70
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10.4.10 Manufactured Homes on Individual Lots ....................
70
10.4.11 Manufactured Home Parks ..............................
71
10.4.12 Manufactured Structures ................................
73
10.4.13 Schools, Public or Private ...............................
73
10.4.14 Service Stations and Other Automotive Business Establishments ..
74
10.4.15 Theaters, Outdoor ....................................
74
10.4.16 Adult Establishments ..................................
74
10.4.17 Telecommunication Towers .............................
75
ARTICLE 11: OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS
a
11.1
Exemptions....................................................
77
11.2
General Regulations
77
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11.3
Off -Street Loading Requirements ....................................
78
11.4
Parking Ratios ..................................................
79
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ARTICLE 12: SIGN REGULATIONS
12.1
12.2
12.3
12.4
Purpose ...........................
Permit Required for Signs
Signs Exempt from Regulation ........................::::::::::
Temporary Signs , ,
81
81
81
83
12.5
Determining the Number of Signs ....................................
83
12.6
12.7
Computation of Sign Area .......................................
Total Sign Surface Area
83
83
12.8
'Freestanding Sign Surface Area .....................................
84
12.9
12.10
Number of Freestanding Signs ....................::................
Subdivision and Multifamily Development Entrance Signs
85
85
12.11
Location and Height Requirements ...................................
85
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12.12
12.13
Sign Illumination and Signs Containing Lights ....... ..: ........... .
Miscellaneous Requirements
86
86
ARTICLE 13: NONCONFORMING SITUATIONS
13.1 Nonconforming Lots of Record ......................................
88
a13.4
13.2
13.3
Nonconforming Structures .........................................
Nonconforming Use of Land and/or Minor Structures ......................
Loss of Nonconforming Status ......................................
88
88
89
ARTICLE 14: BOARD OF ADJUSTMENT
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14.1
Creating the Board of Adjustment ....................................
90
14.2
14.3
Meetings ...........................
Filing and Notice for an Appeal ......................................
90
91
14.3.1 Hearing of this Appeal .................................
91
14.3.2 Notice
14.3.3 Fees for Appeals or Variances ...........................
91
91
14.3.4 Stay of Enforcement Pending Appeal ......................
91
14.4
Powers and Duties .
92
14.4.1 Administrative Review ..................................
92
14.4.2 Interpretation...... .................................
14.4.3 Variance
92
92
14.4.4 Special Exception Permits ..............................
93
14.5
14.6
Additional Powers
••.....•.......••....•.•••
Judicial Review .•...........•........
93
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Page
ARTICLE 15: CHANGES AND AMENDMENTS
15.1 Application ........................ .......................... 94
15.1.1 Amendment Initiation ................ 94
15.1.2 Petition for Amendment ............ 94
15.1.3 Required Information .................................. 94
15.1.4 Fee ............................................... 94
15.2 Planning Board Review and Recommendations .......................... 94
15.3 Public Hearing by Board of Commissioners ........................... 94
15.3.1 Advertisement ...................................... 94
15.3.2 Vote of the Board ..................................... 95
ARTICLE 16: ADMINISTRATION AND ENFORCEMENT
16.1
Permits Required ................................................
96
16.2
Certificates of Occupancy ..........................................
96
16.3
Application for Building Permit and Certificate of Occupancy ................
96
16.4
Issuance of Permits ............................................:.
96
16.5
Records and Invalidation ..........................................
97
16.6
Remedies .....................................................
97
16.7
Violations.....................................................
97
16.8
Right of Appeal .................................................
97
ARTICLE 17: LEGAL STATUS PROVISIONS
17.1 Validity....................................................... 98
17.2 Effective Date .................................................. 98
EXHIBITS
Exhibit 1 Examples of Yard Definitions
Exhibit 2 Illustration of Sign Area
Exhibit 3 Illustration of Sign Area
Exhibit 4 Examples of Parking
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ZONING ORDINANCE
OF THE
CITY OF HAVELOCK, NORTH CAROLINA
ENACTMENT:
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR
THE CITY OF HAVELOCK, NORTH CAROLINA, AND PROVIDING FOR THE
ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, IN ACCORDANCE WITH
THE PROVISIONS OF NORTH CAROLINA GENERAL STATUTES 160A, ARTICLE 19 PART
3 (160A-381), AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH.
PREAMBLE:
WHEREAS, the General Statutes of North Carolina empowers the City of Havelock to
enact a zoning ordinance and to provide for its administration, enforcement, and amendment,
and
WHEREAS, the Board of Commissioners deems it necessary for the purpose of
promoting the health, safety, morals, or general welfare of the city to enact such an ordinance,
and
WHEREAS, the Board of Commissioners has appointed a Planning Board to recommend
the boundaries of the various original districts and appropriate regulations to be enforced therein,
and
WHEREAS, the Planning Board has divided the city and its extraterritorial planning
jurisdiction into districts and has prepared regulations pertaining to such districts in accordance
with the city's land use plan designed to lessen congestion throughout the city; to secure safety
from fire, panic, and other dangers; to promote health and the general welfare; to provide
adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of
population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks,
and other public requirements, and
WHEREAS, the Planning Board has given reasonable consideration, among otherthings,
a to the character of the districts and their peculiar suitability for particular uses, with a view to
conserving the value of buildings and encouraging the most appropriate use of land throughout
the city and its extraterritorial jurisdiction, and
OWHEREAS, the Board of Commissioners has given due public notice of hearings relating
to zoning districts, regulations, and restrictions, and have held such public hearings, and
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WHEREAS, all requirements of the General Statutes of North Carolina with regard to the
preparation of the report of the Planning Board and subsequent action of Board of
Commissioners has been met;
NOW THEREFORE BE IT ORDAINED BY THE CITY OF HAVELOCK, NORTH
CAROLINA, AS FOLLOWS: n
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ARTICLE 1. AUTHORITY AND ENACTMENT
1.1 Authority
This ordinance is adopted under the authority granted by Chapter 160A, Article 19, Part
3 of the North Carolina General Statutes and Amendments thereto. The Board of
Commissioners of the City of Havelock, North Carolina, does ordain as follows:
1.2 Title
This ordinance shall be known as, referred to, and cited as the "ZONING ORDINANCE,
CITY OF HAVELOCK, NORTH CAROLINA" and hereinafter referred to as the "ordinance".
1.3 Purpose
The purpose of this ordinance is to promote the health, safety, morals, and general
welfare of the City of Havelock, North Carolina.
1.4 Intent
It is the general intent of this ordinance to:
1. Regulate and restrict the use of all structures and lands within the city limits and
the extraterritorial jurisdiction of the City of Havelock.
2. Regulate and restrict lot coverage, population density and distribution, and the
location and size of all structures within the city limits and the extraterritorial
jurisdiction of the City of Havelock.
3. Regulate development so as to accomplish the following:
a) Secure Safety from fire, flooding, panic and other dangers;
b) Provide Adequate light, air, sanitation, drainage;
c) Further the Appropriate use of land, and conservation of natural
resources;
d) Obtain the Wise Use, conservation, development, and protection of the
city's water, soil, woodland, and wildlife resources and attain a balance
between land uses and the ability of the natural resource base to support
and sustain such uses;
e) Prevent Overcrowding, and avoid undue population concentration and
urban sprawl;
f) Stabilize and Protect the natural beauty and property values.
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g) Lessen Congestion in and promote the safety and efficiency of the streets
and highways.
h) Facilitate the Adequate provision of public facilities and utilities;
j) Preserve Natural Growth and Cover and promote the natural beauty of the
community.
1.5 Interpretation
In interpreting and applying the provisions of this ordinance, those provisions shall be
held to be the minimum requirements for the promotion of the public safety, health,
convenience, prosperity, and general welfare. It is not intended by this ordinance to
interfere with or abrogate or annul any easements, covenants or other agreements
between parties; provided, however, that where this ordinance imposes a greater
restriction upon the use of buildings or premises, or upon the height of buildings, or
requires larger open spaces than are imposed or required by other ordinances, rules,
regulations, or by easements, covenants or agreements, the provisions of this ordinance
shall govern. Likewise, where other ordinances, easements, covenants or other
agreements impose additional or greater restrictions than those regulations set forth
herein, the more restrictive regulations shall have precedence.
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aARTICLE 2.
U2.1 Introduction
GENERAL PROVISIONS
The proper regulation of the use of certain structures, lands and water, only through the
use of the zoning districts contained within this ordinance, is neither feasible nor adequate.
Therefore, the following restrictions and regulations, which shall be applied in addition to the
district regulations, are necessary to accomplish the intent of this ordinance.
2.2 Jurisdiction
1. This chapter shall be effective throughout the city's planning jurisdiction. The
city's planning jurisdiction comprises the area within the corporate boundaries of
the city as well as the area described in that ordinance adopted by the Board of
Commissioners on , entitled an "Ordinance Establishing
Extraterritorial Jurisdiction," which ordinance is recorded in Book , page
of the Craven County Registry. Such planning jurisdiction may be modified
from time to time in accordance with NCGS 160A-360 of the North Carolina State
Law.
2. In addition to other locations required by law, a copy of a map showing the
boundaries of the city's planning jurisdiction shall be available for public inspection
in the planning department.
2.3 Application of District Regulations
a The regulations set by this ordinance within each district shall be minimum regulations
and shall apply uniformly to each class or kind of structure or land, except as hereinafter
provided.
1. No building, structure, or land shall hereafter be used or occupied, and no
building or structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved, or structurally altered except in conformity with all of the
regulations herein specified for the district in which it is located.
2. No building or other structure shall hereafter be erected or altered:
a) to exceed the height or bulk;
b) to accommodate or house a greater number of families;
c) to occupy a greater percentage of lot area;
d) to have narrower or smaller rear yards, front yards, side yards, or other
open spaces than herein required, or in any other manner be contrary to
the provisions of this ordinance.
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3. No part of a yard, or other open space required about or in connection with any
building for the purpose of complying with this ordinance, shall be included as part
of a yard, or open space similarly required for any other building.
4. No yard or lot existing at the time of passage of this ordinance shall be reduced
in dimension or area below the minimum requirements set forth herein. Yards
or lots created after the effective date of this ordinance shall meet at least the
minimum requirements established by this ordinance.
2.4 Provision for Official Zoning Map
Official Zoning Map - The City of Havelock is hereby divided into zones, or districts, as
shown on the Official Zoning Map, dated , 1997, and adopted by the Board of
Commissioners, which, together with all explanatory matter thereon, is 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 Mayor of the City of Havelock, attested by the City Clerk, and bearing the
seal of the City. No changes of any nature shall be made on the Official Zoning Map or matter
shown thereon except in conformity with the procedures set forth in this ordinance. Regardless
of the existence of copies of the Official Zoning Map which may from time to time be made or
published, the Official Zoning Map located in the City of Havelock City Clerk's Office shall be the
final authority as to the current zoning status of land and water areas, buildings, and other
structures in the city's planning jurisdiction. The map shall be available for inspection by the
public.
2.5 Replacement of Official Zoning Map
In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult
to interpret because of the nature or number of changes and additions, the Board of
Commissioners may by resolution adopt a new Official Zoning Map which shall supersede the
prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or
omissions in the prior Official Zoning Map, but no such correction shall have the effect of
amending the original Official Zoning Map. The new Official Zoning Map shall be identified by
the signature of the Mayor of the City of Havelock, attested by the City Clerk, and bearing the
seal of the City of Havelock. Unless the prior Official Zoning Map has been lost, or has been
totally destroyed, the prior map or any significant parts thereof remaining shall be preserved,
together with all available records pertaining to its adoption or amendment.
2.6 Relationship to Land Use Plan
It is the intention of the Board of Commissioners that this chapter implement the planning
policies adopted by the board for the city and its extraterritorial planning area, as reflected in the
land use plan and other planning documents. While the Board of Commissioners reaffirms its
commitment that this chapter and any amendment to it be in conformity with adopted planning
policies, the board hereby expresses its intent that neither this chapter nor any amendment to
it may be challenged on the basis of any alleged nonconformity with any planning document.
2.7 Relationship to Existing Subdivision and Flood Control Ordinances
To the extent that the provisions of this chapter are the same in substance as the
previously adopted provisions that they replace in the city's subdivision or flood control
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ordinances, they shall be considered as continuations thereof and not as new enactments unless
otherwise specifically provided.
a2.8 No Use or Sale of Land or Buildings Except in Conformity With Chapter Provisions
1. Subject to Article 13 of this ordinance (Nonconforming Situations), no person may
O use, occupy, or sell any land or buildings or authorize or permit the use,
occupancy, or sale of land or buildings under his control except in accordance
with all of the applicable provisions of this chapter.
2. For purposes of this section, the "use" or "occupancy" of a building or land relates
to anything and everything that is done to, on, or in that building or land.
2.9 Fees
1. Reasonable fees sufficient to cover the costs of administration, inspection,
publication of notice and similar matters may be charged to applicants for zoning
permits, sign permits, conditional -use permits, special -use permits, subdivision
plat approval, zoning amendments, variances and other administrative relief. The
amount of the fees charged shall be as set forth in the city's budget or as
established by resolution of the Board of Commissioners filed in the office of the
City Clerk.
2. Fees established in accordance with Subsection (a) shall be paid upon
submission of a signed application or notice of appeal.
2.10 Severability
It is hereby declared to be the intention of the Board of Commissioners that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any such
section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid
by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or
invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or
phrase of this ordinance since the same would have been enacted without the incorporation into
this ordinance of such unconstitutional or invalid section, paragraph, sentence, clause, or phrase.
2.11 Computation of Time
1. Unless otherwise specifically provided, the time within which an act is to be done
shall be computed by excluding either the first or the last day. If the last day is
a Saturday, Sunday, or legal holiday, that day shall be excluded.
2. Unless otherwise specifically provided, whenever a person has the right or is
required to do some act within a prescribed period after the service of a notice or
other paper upon him and the notice or paper is served by mail, three days shall
be added to the prescribed period.
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OARTICLE 3.
U3.1 General
DEFINITION OF TERMS
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 ordinance:
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, organization, partnership, trust,
company or corporation, as well as an individual.
5. The words "used" or 'occupied" include the words "intended, designed, or
arranged to be used or occupied."
6. Words in parting the masculine gender include the feminine and neuter.
7. The word "lot" includes the words "plot, parcel, site, and premises."
8. The word "building" includes the word "structure."
9. The words "map," "zoning map," and "City of Havelock Zoning Map" shall mean
the "Official Zoning Map for the City of Havelock, North Carolina."
10. The word "city" shall mean the "City of Havelock, a municipal corporation of the
State of North Carolina."
11. The words "ordinance" and "regulation" shall mean the "Official Zoning Ordinance
for the City of Havelock, North Carolina."
12. The words "Planning Board" shall mean the "City of Havelock Planning Board."
13. The words "board or Board of Commissioners" shall mean the 'Board of
Commissioners of the City of Havelock, North Carolina."
14. The words 'Board of Adjustment" shall mean the "City of Havelock Board of
Adjustment."
15. The words "planner," "administrative officer," and "director of planning" shall mean
the "City of Havelock Director of Planning and Inspections." City Planner is
Enforcement Officer.

3.2 Word and Term Definitions
Accessory Building or Use - A subordinate building or use, the use of which is incidental to that
of the principal building or use on the same lot. Accessory buildings or uses shall not be utilized a
for permanent or temporary residential occupancy or habitation.
Accessory Buildings, attached - An accessory building is considered attached to a principal
building, and thus is subject to the dimensional requirements that apply to the principal building,
when sharing a common structural wall.
Accident Potential Areas (APZ) - Areas identified in the Air Installation Compatible Use Zone D
Study (AICUZ) which indicate lands which may be exposed to accidents resulting from aircraft
operations. The zones are based on analyses of Army, Navy, Air Force, and Marine Corps (�
aircraft accident data. The accident potential area is divided into two (2) zones. These zones j
are designated as HC APZ, the area beyond the clear zone which possesses a significant
potential for accidents, and as LI APZ, an area that has a measurable potential for accidents.
The following provides the dimensions for the APZs:
OUTSIDE
ALL ZONES O
AD). RWY
CLEAR
IRWY
ZONE APZ I APZ If
3000' 5000' - 7000' +�
a
Administrative Officer (Director of Planning or City Planner) - The official charged with the
enforcement of this zoning ordinance. a
Adult Arcade - An establishment where, for any form of consideration, one or more motion
picture projectors, slide projectors, or similar machines for viewing by five or fewer persons each
are used to show films, motion pictures, video cassettes, slides, or other photographic
reproductions that are characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas. a
Adult Bookstore - An establishment that has as a substantial portion of its stock -in -trade and
offers for sale, for any form of consideration, any one or more of the following: 1) books,
magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video a
cassettes, slides, or other visual representations that are characterized by an emphasis upon the
depiction or description of specified sexual activities or specified anatomical areas; or 2)
instruments, devices, or paraphernalia that are designed for use in connection with specified
sexual activities.
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Adult Cabaret - A nightclub, bar, restaurant, or similar establishment that regularly features live
performances that are characterized by the exposure of specified anatomical areas or by
a specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic
reproductions in which a substantial portion of the total presentation time is devoted to -the
showing of material that is characterized by an emphasis upon the depiction or description of
Ospecified sexual activities or specified anatomical areas.
Adult Motion Picture Theater - An establishment where, for any form of consideration, films,
O motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and
in which a substantial portion of the total presentation time is devoted to the showing of material
characterized by an emphasis on the depiction or description of specified sexual activities or
specified anatomical areas.
Adult Theater - A theater, concert hall, auditorium, or similar establishment characterized by
aactivities featuring the exposure of specified anatomical areas or by special sexual activities.
Agricultural Land - Agricultural land, forestland, or horticultural land as defined in NCGS 105-
277.2, located within the jurisdiction of the City of Havelock.
Air Installation Compatible Use Zone Study (AICUZ) - A study of the Marine Corps Air Station,
Cherry Point, and its surrounding areas which was done to insure compatible land development
in high noise and accident potential areas while, at the same time, protecting the capability of
the installation to conduct air operations in fulfillment of its mission, the foregoing study being
entitled Air Installation Compatible Use Zone Study, updated 1981, a copy of such study being
aon file in the office of the city clerk.
Alley - A roadway easement which affords only a secondary means of access to abutting
property and not intended for general traffic circulation.
Alter - To make any structural changes in the supporting or load -bearing members of a building,
asuch as walls, columns, beams, girders or floor joists.
Apartment - See "dwelling, multi -family."
Assembly - A joining together of completely, fabricated parts to create a finished product.
Assisted Living Facility - A facility providing shelter and services for ambulatory individuals who
by reason of functional impairment or infirmity may require meals, housekeeping, and personal
care assistance. Congregate care facilities do not include nursing home or similar institutions
devoted primarily to the care of the chronically ill or the incurable.
aAttached - Abutting, connected, or fastened together.
Block, City - A parcel of land intended for urban purposes which oftentimes includes one or more
lots and which is entirely surrounded by public streets, highways, railroad rights -of -way, public
walks, parks or green strips, rural land or drainage channels or a combination thereof.
OBreezeway - A roofed, unclosed passage connecting two (2) buildings (such as a house and a
garage).
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Boardinq House - A rooming house or a structure which contains four (4) or more rooms, each a
of which has no kitchen facilities, and is designed or intended to be used for residential
occupancy on a rental basis.
Bona Fide Farm - Any tract of land larger than ten (10) acres and otherwise eligible for tax
deferral as authorized in NCGS 105-277.1 et. seq. shall be considered a bona fide farm. Any
trade of land on which agricultural activities are clearly of an incidental nature may also be
considered as a bona fide farm upon determination by the building inspection upon consideration
of agricultural productivity and improvements, and any other necessary or available information.
Under no circumstances will any parcel smaller than five (5) acres be considered either an (�
agricultural tract or a bona fide farm. Bona Fide farms do not include intensive livestock U
operations or aquaculture activities.
Buffer Strip - A buffer strip shall consist of an approved wall, fence or planted strip of such a
characteristics as will provide an obscuring screen. The purpose of the buffer strip is to screen
light, noise, odor, and dust. The buffer shall be no less than six (6) feet in height, except when
extending into a front yard, in which case the buffer shall be a maximum of four (4) feet in height.
If composed of planted material, the buffer strip shall be composed of evergreen trees, or other
vegetation designed to grow three (3) feet in thickness and six (6) feet or four (4) feet in height a
depending upon the location in the front or rear/side yard.
Building - Any structure enclosed and isolated by exterior walls or columns constructed or used
for residence, business, industry or other public or private purposes, or accessory thereto. The
term "building" shall be construed as if followed by the words "or parts thereof."
Building, Detached - A building having no party or common wall with another building except an a
accessory building.
Building Groups, Planned - More than one building on a single lot or tract developed in
accordance with the provisions of Article 9.
Building, Height of - The vertical distance from the average sidewalk or street grade, or finished
grade of the building line, whichever is the highest, to the highest point of the building.
Building, Line - A line located a minimum horizontal distance from the right-of-way line of a street 0
or road parallel thereto, between which and the right-of-way line no building or parts of buildings
may be erected, altered, or maintained except as otherwise provided herein.
Building, Principal - A building in which is conducted the principal use of the lot on which the a
building is located.
Building Setback Line -A line establishing the minimum allowable distance between the nearest
portion of any building, excluding the outermost three (3) feet of any uncovered porches, decks,
steps, chimneys, eaves, gutters, and similar fixtures, and the street right-of-way line when a
measured perpendicularly thereto.
Bulk Storage of Petroleum Liquids and Other Flammable Materials - The storage above ground
in open or closed tanks or barrels, or any variety of pressurized containers, in excess of twelve D
hundred (1200) gallons.
11

Certificate of Occupancy/Compliance - A statement, signed by an administrative officer or his
designee authorized by the Havelock Board of Commissioners, setting forth that the building,
a structure or use complies with the zoning ordinance, and that the same may be used for the
purpose stated herein.
Clinic - An establishment for the medical examination and treatment of patients, but without
provision for keeping such patients overnight on the premises. For the purposes of this
ordinance, a doctor's office in his own home, when it qualifies as a home occupation (see "home
occupation") shall not be considered a clinic, but any doctor's or dentist's office which is not a
part of his own home, or the office or two (2) or more doctors or dentists, whether in a residence
or not, shall be considered a clinic.
aComposite Noise Rating (CNR) - Noise zones are determined by using day -night average sound
level (DNL). DNL is an objective measure and attempts to predict the impact on a person's
health and welfare. DNL uses.a continuous function to describe impact from a number of aircraft
operations and provides refinements in the locations of contour lines in a given area.
Contractor, General - One who is engaged in all or more aspects of building construction and/or
land development through a legal agreement.
Contractor. Trades - One who accomplishes work or provides facilities under contract with
another and specifically engages in a specialized trade, such as plumbing, heating, wiring, sheet
metal and roofing work, etc.
Coverage - An area determined in square footage.
Day Care Center - Inclusive of kindergarten, a facility for the care and/or education of pre-school
age children.
Dance Hall/Disco - An establishment that provides music and space for dancing.
Developed or Development - Any new construction, not otherwise excluded by the provisions of
this regulation.
Director - The City of Havelock Director of Public Works or his designee.
Display - An eye-catching arrangement by which something is exhibited. This includes
abillboards, signs of all varieties, window exhibits, and placement. of articles for retail in view of
the public. However, this definition does not include automobiles, boats and boat trailers, and
manufactured , homes.
Duplex - See dwelling, two-family."
D Dwelling, Multiple Family - A residential building designed for or occupied by three (3) or more
families living independently (with separate housekeeping and cooking facilities) of each other.
a Dwelling, Single -Family - A detached residential building, other than a manufactured home,
designed for and occupied exclusively by one (1) family.
I
0 12

Dwelling, Two Family - A residential building designed for or occupied by two (2) families living
independently (with separate housekeeping and cooking facilities) of each other.
Dwelling Unit - A building or portion thereof, providing complete and permanent living facilities
for one (1) family. The term "dwelling" shall not be deemed to include a motel, hotel, tourist
home, or other structure designed for transient residence.
Erect - Build, construct, rebuild, or reconstruct, as the same are commonly defined.
Essential Site Improvements - Any construction or reconstruction of site development features
required by a local, state, or federal regulations, ordinances, or laws, such as underground
drainage, off-street parking, driveways, retention areas, or similar improvements required for the
intended use of the site, which cannot be accommodated on the site without removal of
regulated trees.
Fabrication - Manufacturing, excluding the refining or other initial 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.
Facility for Multiple Vendors - An indoor/outdoor facility which has a primary use of multiple
vendors selling or displaying merchandise for sale or showing to the general public without
separate bathroom facilities and without a tenant separation in accordance with the NC State
Building Code. Goods may include but are not limited to specialty items, hardware, arts and
crafts, produce, and other related objects. Secondary uses could include concession of food and
sundries, special events, public meetings, social events, or other activities of this nature.
Family - Any number of persons related by blood, adoption, or marriage, or not to exceed four
(4) persons not so related, living together in a dwelling unit as a single housekeeping entity.
Farmer's Market - A structure or location wherein space is provided to multiple independent
operators for the purpose of retail and/or wholesale trade of raw agricultural products. Provided,
however, such use shall not include the processing of any product or the sale of poultry, fish,
shellfish, pork, beef, or other wildlife or domesticated meat products.
Floor Area - The sum of the total horizontal areas of the several floors of all buildings on a lot,
measured from the interior faces of exterior walls. The term gross floor area shall include
basements; elevator shafts; stairwells at each story; floor space used for mechanical equipment
with structural headroom of six feet, six inches or more; penthouses; attic space, whether or not
a floor has actually been laid, providing structural headroom of six feet, six inches or more;
interior balconies; and mezzanines.
Frontage - All property abutting on one side of a street measured along the street line.
Health Centers - See "clinic."
Home Care Unit A facility meeting all the requirements
boarding and care of not more than five (5) persons who
individuals and do not need on -site professional medical
uninterrupted power source, to include homes for the aged,
13
of the State of North Carolina for
are not critically ill or ambulatory
attention and do not require an

aHome for the Aged - A boarding home with .more than six (6) beds meeting all of the
requirements of the State of North Carolina for the boarding and care of persons who are not
acritically ill and who do not need regular professional medical attention.
Home Occupation - Any profession or occupation for gain carried on by a member of a family
a or a member of a recognized profession residing on the premises, such use being incidental and
subordinate to the residential use.
Hospital - A building or complex of buildings wherein medical services are provided on an out-
patient and overnight room and board guest basis and wherein the sick and injured are given
medical and/or surgical care.
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.
Incidental - Secondary to the primary use.
a Intensive Livestock Operations - Intensive livestock operations (ILO) means any such facility as
defined by North Carolina General Statutes.
Junk - Pre -used or unusable metallic parts and other nonmetallic manufactured products that are
worn, deteriorated or obsolete, making them unusable in their existing condition, but are subject
to being dismantled and salvaged.
Junk Vehicle - As defined by NCGS 153A-132, a junked motor vehicle is an abandoned motor
vehicle that also: (1) is partially dismantled or wrecked; or (2) cannot be self-propelled or moved
Q in the manner in which it originally was intended to move; or (3) is more than five (5) years old
and appears to be worth less than one hundred dollars ($100.00); or (4) does not display a
current license plate.
Junk Yard - The use of more than two hundred (200) square feet of the area of any lot for the
open or visible storage, keeping, or abandonment of junk, including scrap metals, or other
O materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or
machinery or parts thereof.
a Landfills, Other Than Sanitary - Landfills that solely contain noncombustible or non biodegradable
solid waste materials.
Landfills, Sanitary - Sanitary landfill is a method of disposing of solid waste on land without
creating nuisances or hazards to public health or safety, by utilizing the principles of engineering
to confine the solid waste to the smallest practical volume, and to cover it with a layer of earth
at the conclusion of each day's operation, or more frequent intervals if necessary.
Lot - Land area of defined boundaries in single ownership, set aside for separate use or
occupancy, and recorded as such in the office of the Craven County Register of Deeds.
Lot, Comer - A lot abutting upon two (2) or more streets at their intersection(s). The street line
forming the least frontage shall be deemed the front of the lot except where the two (2) street
Olines are equal, in which case the owner shall be required to specify which is the front when
U14

requesting a building permit. Setback requirements for street side yards of comer lots shall be
equal to the front yard regulations for that district; essentially, a comer lot has two front yards
(see Exhibit 1, Examples of Yard Definitions).
Lot. Depth - The mean horizontal distance between the front and rear lot lines.
Lot. Front Footage - The lot width measured on the street right-of-way line.
Lot Line - Any property boundary of a parcel of land.
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 which is part of a subdivision, a plat of which has been recorded in the
office of the Craven County Register of Deeds, or a lot described by metes and bounds, the
description of which has been so recorded.
Lot Width - The distance between side lot lines measured at the front building setback line.
Manual - The City of Havelock Technical Standards and Specifications Manual.
Manufactured Home - A structure, transportable in one or more sections, which in the traveling
mode is eight body feet or more in width, or 40 body feet (less the tongue) or more in length,
or, when erected on site, is 900 or more square feet; was constructed no earlier than twelve (12)
years prior to the effective date of this ordinance; and which is built on a permanent chassis and
designed to be used as a dwelling, with or without permanent foundation when connected to the
required utilities, including the plumbing, heating, air conditioning and electrical systems
contained therein. "Manufactured home" includes any structure that meets all of the
requirements of this definition except the size requirements and with respect to which the
manufacturer voluntarily files a certification required by the Secretary of the United States
Department of Housing and Urban Development and complies with the standards established
under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42
U.S.C. §5401, et seq, and Zone II Wind Requirements.
For manufactured homes built prior to June 15, 1976, "manufactured home" means a portable
manufactured housing unit designed for transportation on its own chassis and placement on a
temporary or semipermanent foundation having a measurement of over 32 feet in length and
over eight feet in width. "Manufactured home" also means a double -wide manufactured home,
which is two or more portable manufactured housing units designed for transportation on their
own chassis that connect on site for placement on a temporary or semipermanent foundation
having a measurement of over 32 feet in length and over eight feet in width.
Manufactured Home Park - Any single parcel of land upon which two or more manufactured
homes or travel trailers, occupied for dwelling or sleeping purposes, are located, regardless of
whether or not a charge is made for such accommodations.
Massage Parlor - An establishment where, for any form of consideration, massage, alcohol rub,
fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human
body is administered, unless such treatment or manipulation is administered by a medical
15

I
practitioner, chiropractor, acupuncturist, physical therapist, orsimilar professional person licensed
by the state. This definition does not include an athletic club, health club, school, gymnasium,
a reducing salon, spa, or similar establishment where massage or similar manipulation of the
human body is offered as an incidental or accessory service.
Mini -Storage Warehouse - A building consisting of individual, small, self-contained units that are
leased or owned for the storage of business and/or household goods which were originally
constructed to meet the purpose of mini -storage and having obtained a special use permit.
Mobile Office - A factory manufactured structure designed for year-round or temporary
commercial use with major components or modules preassembled and transported to a site for
a final assembly and/or utility connection. Such a structure must meet all building code
requirements as conventionally constructed buildings and may be used wherever and however
conventional buildings are used.
More Intensive Use - A use that will have a greater impact on the surrounding area than the
previous use, including activities which generate more traffic, require more employees or service
deliveries, or utilize more square footage than the previous use existing on the site.
New Construction - Any structure or building for which a building or construction permit is issued
or upon which construction actually begins on or after the effective date of this regulation.
Night Club - An establishment which serves alcoholic beverages and provides live entertainment,
a floor show or music, and space for dancing.
Nonconforming Use - A use of building or land that does not conform with the regulations of the
district in which such building or land is situated but was lawful before adoption of this ordinance.
Nursing Home - A convalescent facility having over five (5) beds meeting all the requirements
of the State of North Carolina for the boarding and care of persons who cannot care for
themselves.
Open Space - All land area not covered by buildings, structures, parking area, or street
pavement.
Open Storage - An unroofed storage area, whether enclosed by fence or not.
Park - A recreation area in public or private ownership that is operated for the convenience and
recreation of the public, and containing such facilities as the owning public or private agency or
party shall see fit.
Patio - A court or terrace, often paved, that is open to the sky and adjoins a dwelling.
Permitted Structural Use - A structure or 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 manufactured homes
located on a single parcel of land.
Planned Unit Development - See Article 9.3.
16

Processing - Any operation changing the nature of a material or a material's chemical
composition or physical properties; does not include operations described as fabrication.
Produce Stand - See Farmer's Market, page 13.
Recreation Facilities - A broad classification which includes, but is not limited to: parks,
playgrounds, tot lots, and the wide range of required recreational equipment necessarily
accompanying these recreation facilities.
Recreation. Indoor - A broad classification which includes a wide variety of recreational activities
designed for housing in an enclosed building excluding all adult entertainment establishments.
Examples are: (1) bowling alley, (2) movie houses (excluding adult), (3) museums, (4) pool
halls, (5) archery lanes, and (6) gymnastics classes: aerobics, karate, dance.
Recreation. Space - The part of the open space which is specifically designed to serve the needs
of residents of the district with active recreation which may include, but is not limited to,
swimming, tennis, golf and ball fields.
Recreational Vehicle - A recreational vehicle is a vehicle which is: (1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projections; (3) self-propelled
or permanently towable by a light duty truck; (4) any motor vehicle (including buses) converted
for temporary living; and (5) designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational camping, travel, or seasonal use. Recreational vehicles
placed on sites shall:
(a) be on site for a period of two consecutive weeks in a thirty day period, limited to
electrical hook-up (no sewer hookup).
(b) be fully licensed and ready for highway use.
Storage of a recreational vehicle at a home shall be allowed only if the vehicle is not in use
Recreational Vehicle (RV) Parks - Any lot of land upon which two or more recreational vehicle
sites are located, established, or maintained for occupancy by recreational vehicles of the
general public as temporary living quarters for recreation or vacation purposes. Recreational
vehicle parks are referred to in this ordinance as "RV park(s)."
Retail - Sale of a commodity to the ultimate consumer and not customarily subject to sale again.
Retaining Wall - A wall built to keep a bank of earth from sliding or water from flooding.
Rooming House - A building or part thereof, not a hotel or inn, in which five (5) or more boarders
are housed in sleeping rooms that are available for hire as lodging with or without meals. Where
equipment for cooking or provisions for the same are included in a sleeping room, such room
shall be deemed a dwelling unit.
Salvage Operation - The reclamation, dismantling or storage of preused commodities, junk and
similar material for the purposes of resale, processing, distribution or deposition. This does not
include the purchase or storage of used furniture, used cars in operable condition, and used or
salvaged materials as part of manufacturing operations.
Service Station - Any premises where gasoline and other petroleum products are sold and/or
light maintenance activities such as engine tuneups, lubrication, minor repairs, and carburetor
17

i
cleaning are conducted. Service stations shall not include premises where heavy automobile
maintenance activities such as engine overhauls, automobile painting, and body fender work are
aconducted.
Setback Line - The line on the front, rear or sides of a lot which delineates the area upon which
Qa structure may be built and maintained, according to the district regulations.
Sexual Encounter Establishment - An establishment other than a hotel, motel, or similar
establishment offering public accommodations which, for any form of consideration, provides a
place where two or more persons may congregate, associate, or consort in connection with
specified sexual activities or the exposure of specified anatomical areas. This definition does
not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar
aprofessional person licensed by the state engages in sexual therapy.
Shed - An unattached one (1) story non-residential accessory building.
OSign - Any surface, fabric, or device bearing lettered, pictorial, or sculptured matter designed to
convey information visually and exposed to public view; or any structure (including billboard or
poster panel) designed to carry the above visual information, including but not limited to:
-- Advertising Sign. A sign which directs attention to a business, commodity,
n service, or entertainment conducted, sold, or offered (i) only elsewhere than upon
�u! the premises where the sign is displayed, or (ii) is [as] a minor and incidental
activity upon the premises where the sign is displayed.
— Billboards. A sign which directs attention to and is located other than on the
premises where a business, commodity, service, or entertainment is conducted,
sold, or offered.
D— Bulletin Board. A sign used to announce meetings or programs to be held at a
church, school, auditorium, library, museum, community recreation center or
similar noncommercial place of public assembly and is located on the premises
where the meeting or program is conducted.
n — Business Sign. A sign which directs attention to a business, profession, or
U industry located upon the premises where the sign is displayed, to types of
products sold, manufactured or assembled, and/or to service or entertainment
offered on said premises, but not a sign pertaining to the preceding if such activity
is only minor and incidental to the principal use of the premises.
Directional Sign. Signs other than business signs which contain only the name
U of a parking area or similar accessory use to a business establishment to which
.! direction is given, i.e., entrance/exit signs.
— Flush Mounted Sign. A sign mounted flat against the surface of a building.
Freestanding Sign. A sign that (i) is permanent, and (ii) is attached to, erected
on, or supported by some structure such as a pole, mast, or frame that is not
itself an integral part of a building or other structure having a principal function
other than the support of a sign.
0 18

Home Occupation Sign. A sign used to identify the name of the individual, family, 0
organization, or enterprise occupying the home and engaged in a home
occupation or the profession of the occupant. n
Off -premises Sign. A sign that draws attention to or communicates information
about a business, service, commodity, accommodation, attraction, or other activity
that is conducted, sold, or offered at a location other than the premises on which (�
the sign is located. The structure on which an advertising sign is displayed of lJ
type commonly known as a 'billboard" is also an advertising sign.
Projecting Sign. A sign which is attached to a building by supports which extend
at any angle from the building more than two (2) feet.
— Temporary Sign. A sign that (i) is used in connection with a circumstance,
situation, or event that is designed, intended, or expected to take place or to be
completed within a reasonably short or definite period after the erection of such
sign, or (ii) is intended to remain on the location where it is erected or placed for
a period of generally not more than 15 days, or (iii) is displayed on a premises
only during normal operating hours and then removed from that_location. If a sign
display area is permanent but the message displayed is subject to periodic a changes, that sign shall not be regarded as temporary.
Wall Sign. A sign attached or erected against the wall of a building or structure, P
only one side of which is visible.
-- Shingle Sign. A small signboard hanging or protruding so that both sides are
visible, which has no dimension more than two feet, which is no larger in area
than three square feet. A shingle sign may be mounted as a wall sign so that
only one side is visible.
Sign, Area of - Sign area shall be computed by the smallest square, triangle, rectangle, circle,
or combination thereof which will encompass the entire sign including lattice work, wall work,
frame or supports incidental to its decoration. In computing the area, only one (1) side of a
double face sign structure shall be considered, provided the opposite side is identical. Frames
and structural members designed solely for support and do not contain decorative or attention
drawing matter which do not bear any advertising matter, are not lit, or are not designed to
increase the sign face shall not be included in the computation of sign area. When signs are
painted or attached to walls or fences, only the area covered by the sign shall be included in the
computation (see Exhibit 2 and 3).
Social Service Center - A public institution for dispensing of social services information,
foodstuffs, food stamps, welfare services, social security services, or the like.
Special Use - A use that would not be generally appropriate without restriction throughout the
zoning district but which, if controlled as to number, area, location, or relation to the
neighborhood, 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 exceptions if specific provision for such special exceptions is made in this zoning
ordinance. These uses are allowed only after approval by the Havelock Board of Adjustment.
Specified Anatomical Areas - As used herein, specified anatomical areas means and includes
any of the following: 1) less than completely and opaquely covered human genitals, pubic
19

region, buttocks, anus, or female breasts below a point immediately above the top of the areolae;
or 2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities - As used herein, specified sexual activities means and includes any
of the following: 1) the fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts; 2) sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy; 3) masturbation, actual or simulated; or 4) excretory
functions as part of or in connection with any of the activities set forth in subdivisions 1 through
3 of this definition.
Storage - A depository for commodities or items for the purpose of future use or safekeeping.
Street - A private accessway or a dedicated and accepted public right-of-way for vehicular traffic
which affords the principal means of access to abutting properties.
Street Yard - The area of a parcel immediately adjacent to a street right-of-way and reserved for
planting. The minimum dimensions of street yards are established by this regulation.
(� Structure - Anything constructed or erected, the use of which requires more or less permanent
u location on the ground or which is attached to something having more or less permanent location
on the ground.
Subdivision - (a) Inclusion. A "subdivision" means any division of a tract or parcel of land into
two (2) or more lots, building sites, or other divisions for the purpose of sale or building
development (whether immediate or future) and shall include all divisions of land involving the
dedication of a new street or a change in existing streets except as provided in subsection (b)
of this definition.
(b) Exceptions. A "subdivision" shall not include:
(1) The combination or recombination of portions of 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 city as required by this chapter.
(2) The division of land into parcels greater than ten (10) 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 of land in single ownership whose entire area is no greater
than two (2) acres into not more than three (3) lots, where no street right-of-way
dedication is involved, and where the resultant lots are equal to or exceed the
standards of the city.
(5) Any tract of land which was divided into two (2) or more lots pursuant to a plat
(1) prepared prior to the enactment of this provision on September 24, 1974 and
(2) from which tract one or more lots shown on such plat were conveyed of record
prior to September 24, 1974; provided, however, that this exception shall not
apply to any further division of such tract or lots or the modification of such plat
after September 24, 1974, and any such further division or modification shall
comply with the provisions of this chapter.
(6) The conveyance of an independent dwelling unit within any residential building
arranged or designed for either two (2) or three (3) or four (4) families living
independently (with separate housekeeping, sleeping, and cooking facilities) of
each other, so long as each such conveyance shall consist of fee simple title to
20

one independent dwelling unit, the portion of the lot which lies directly between
the unit and the public street on which the unit fronts, the portion of the lot which
lies directly between the unit and the back lot line, and, in the case of end units,
the remainder of the open lot which lies directly between such end unit and the
side lot line; provided, however, there shall be no further division of any such
independent dwelling unit and that the building in which such dwelling unit is
located shall have been constructed in compliance with the fire -wall standards for
townhouse construction in effect within the jurisdiction of the city as of the date
of the initial conveyance of such independent dwelling unit.
Tavern - An establishment which serves alcoholic beverages to be consumed primarily on the 0
premises, the revenues from alcoholic beverages exceeding revenues from food.
Tourist Home - A building or part thereof occupied by the owner or operator, not a hotel or motel, 0
in which sleeping rooms are available for hire as lodging and used by the traveling public on a
short term basis.
Use - The purpose for which land or structure thereon is designed, arranged or intended to be
occupied or used, or for which it is occupied, maintained, rented or leased.
Use By Right - A use which is listed as an unconditionally permitted activity in this ordinance
Use. Nonconforming - A use of building or land that does not conform with the regulations 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.
Warehouse - A building or compartment in a building used and appropriated by the occupant for
the deposit and safekeeping or selling of his own goods at wholesale and/or for the purpose of 0
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 ultimately for resale to the public for direct consumption. 0
Yard - Any open space on the same lot with a building and unoccupied from the ground upward 0
except by trees, shrubbery, or fences.
Yard. Front - The space on the same lot with the principal building between the building 0
(exclusive of steps) and the front property or street right-of-way line and extending across the
full width of the lot (see Exhibit 1).
Yard, Rear - The space extending the full width of the lot and situated between the rear line of 0
the lot and rear lines of the building projected to the side lines of the lot (see Exhibit 1).
Yard. Side - The space situated between the side lines of the building and the adjacent side lines 0
of the lot and extending from the rear line of the front yard to the front line of the rear yard.
Zoning Certificate - A certification by the 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 or alter a
structure, building, or sign including those situated in the extraterritorial jurisdiction of the city,
fully meets the requirements of this ordinance.
21
0

0 ARTICLE 4. LOCATIONS AND BOUNDARIES OF DISTRICTS
The boundaries of such districts as are shown upon the official zoning map attached to
this ordinance are hereby adopted. The provisions of this ordinance governing within each type
of district the use of land and buildings, height of buildings, building site areas, sizes of yards
a around buildings and other matters as are hereinafter set forth are hereby established and
declared to be in effect upon all land included within the boundaries of each and every district
as shown upon said map.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts
as shown on the zoning map, the following rules shall apply:
— Boundaries indicated as approximately following the center lines of streets,
highways, alleys, or railroads shall be construed to the following such center lines.
a-- Boundaries indicated as approximately following platted lot lines shall be
construed as following such lot lines.
-- 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 shoreline.
OWhere a district boundary divides a lot, the location of such boundary, unless the same
is indicated by dimensions on the zoning map, shall be one hundred fifty (150) feet from the
a nearest street which it parallels. Where a district boundary divides a lot, the zoning of the
majority of the lot shall apply to the entire lot.
a In case any further uncertainty exists, the Board of Adjustment shall interpret the intent
of the zoning map as to the location of the district boundaries.
C
R
C
I
II
0
0
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0
ARTICLE 5. ESTABLISHMENT OF ZONING DISTRICTS
For the purpose of this ordinance, the City of Havelock and its extraterritorial jurisdiction
are divided into the following classes of zones:
Residential Districts
R-20A
Single -Family Residential
R-20
Single -Family Residential
R-15
Single -Family Residential
R-13
Single -Family Residential
R-12
Single -Family Residential
R-10
Single -Family Residential
R-7
Single -Family Residential
R-M
Multi -Family Residential
R-MH
Manufactured Home Residential
PUD
Planned Unit Development
Business Districts
H-C
0&1
Highway Commercial
Office and Institutional
B-1
Shopping Center District
aIndustrial
Districts
L-I
Light Industrial
I -A
Industrial and Agricultural
I-P
Industrial Park
Accident Potential Zone Districts
HC APZ Accident Potential Zone Area - Significant
potential for accidents
LI APZ Accident Potential Zone Area - Measurable
potential for accidents
Residential Districts:
R-20A Single -Family Residential District (20, 000 square feet minimum lot area). The R-
20A district is established as a district in which the principal use of land is intended for low
density residential purposes. Residential development in this district will not generally have
access to the City of Havelock water and sewer facilities.
R-20 Single -Family Residential District (20,000 square feet minimum lot area). The R-20
district is established as a district in which the principal use of land is intended for low density
residential purposes. It is expected that this district will generally have access to the City of
Havelock water and sewer facilities.
0
o23

R-15 Single -Family Residential District (15,000 square feet minimum lot area). The R-15
district is established as a district in which the principal use of land is for medium density
residential purposes. All dwellings in this district shall be connected to the City of Havelock
water and sewer facilities where available, or to approved private/public water and sewer
facilities.
R-13 Single -Family Residential District (13,500 square feet minimum lot area). The R-13
district is established as a district in which the principal use is for medium -density residential
purposes. All dwellings shall be connected to the City of Havelock water and sewer facilities
where available, or to approved public water and sewer facilities.
R-12 Single -Family Residential District (12, 000 square feet minimum lot area). The R-12
district is established as a district in which the principal use of land is for medium density
residential purposes. All dwellings in this district shall be connected to the City of Havelock
water and sewer facilities where available, or to approved private/public water and sewer
facilities.
R-10 Single -Family Residential District (10, 000 square feet minimum lot area). The R-10
district is established as a district in which the principal use of land is intended for medium
density residential purposes. All dwellings in this district shall be connected to the City of
Havelock water and sewer facilities where available, or to approved private/public water and
sewer facilities.
R-7 Single -Family Residential District (7,000 square feet minimum lot area). The R-7
district is established as a district in which the principal use of land is intended for high density
residential purposes. All dwellings in this district shall be connected to the City of Havelock
water and sewer facilities where available, or to approved private/public water and sewer
facilities.
R-M Multi -Family Residential District. The R-M district is established as a district in which
the principal use of land is for high density residential purposes. All dwellings in this district shall
be connected to the City of Havelock water and sewer facilities where available, or to approved
private/public water and sewer facilities.
PUD Planned Unit Development. This district is defined as an area characterized by an
orderly integration of residential, commercial (inclusive of offices and institutions), industrial, and
open space land uses which conform to the design requirements contained herein.
R-MH Manufactured Home Residential District (5, 000 square feet minimum lot area). The
R-MH district is established as a district in which the principal use of land is intended for high
density residential purposes. Manufactured homes are permitted for use only as single-family
dwellings, and all dwellings in this district shall be connected to the City of Havelock water and
sewer facilities where available, or to approved private/public water and sewer facilities.
In addition to all other requirements of the code applicable to manufactured homes, all
manufactured homes located in the R-MH district shall be subject to the following minimum
standards and conditions:
(a) No manufactured home shall be permitted within the R-MH district which shall
have less than nine hundred (900) square feet of heated interior space and shall
have been constructed pursuant to the Federal Manufactured home Construction
and Safety Standards as reflected by a certification to such effect upon the
structure.
24

a(b) Manufactured homes within the R-MH district shall be installed in accordance with
the State of North Carolina Regulations for Manufactured/Mobile homes.
Business Districts:
a H-C Highway Commercial. The H-C district is established to allow commercial
development for retailing of goods and services, and providing offices and personal services on
major highways and other thoroughfares in the community. Because these commercial uses are
a subject to the public view, which is a matter of important concern to the whole community, they
should provide a pleasing appearance, ample parking, controlled traffic movement, and suitable
landscaping. For those uses that may require use of property outside of the principal buildings,
a special use provisions are generally required in order to maintain and promote healthful
environment for the business community. Further, open storage and accessory buildings may
be specifically limited in scope.
aO-I Office and Institutional District. The 0&1 district is defined as certain land areas with
structures that provide office space for professional services and for certain institutional functions
and residential accommodations, usually medium or high density in nature. The district is
Onormally small and may include older homes undergoing conversion. This district is usually
situated between business and residential districts, and the regulations are designed to permit
development of the permitted functions and still protect and be compatible with nearby residential
adistricts.
B-9 Shopping Center District. This district is defined as certain commercial areas which
a provide a wide selection of convenience and comparison shopping outlets and personal services
for both residents and nonresidents in an orderly arrangement of retail facilities, parking and
other amenities. This district shall be located at the intersection of one or more arterials or major
thoroughfares. In order to ensure that these major retail centers are developed with adequate
facilities for public health, safety and convenience, it is the intent of this ordinance that all
existing and future B-1 districts be developed as planned building groups meeting certain
aminimum standards contained herein.
Industrial Districts:
OL-1 Light Industrial. The L-I district is established as a district in which the principal use
of land is intended for warehousing, shipping facilities, and light manufacturing and assembly
operations.
/ A Industrial and Agricultural Use. The I -A district is established for those areas of the
community where the principal use of land is intended to be of industrial and agriculturally related
uses.
I-P Industrial Park. This district is defined as certain lands more suited for industrial uses
a than other land uses as a result of proximity to major utility lines and transportation arteries, but
situated where residential or office -institutional development is, or may be, in close proximity to
one or more sides of the district. The purpose of this district is to permit selected quality
aindustries in a planned physical setting for manufacturing establishments.
I
0
25

a
Accident Potential Zone Districts:
III
HC APZ Accident Potential Zone Area. The HC APZ district is established to allow
commercial development for retailing of goods and services, and providing offices and personal
services on major highways and other thoroughfares in the community. Because these
commercial uses are subject to the public view, which is a matter of important concern to the
whole community, they should provide a pleasing appearance, ample parking, controlled traffic
movement, and suitable landscaping. For those uses that may require use of property outside
of the principal buildings, special use provisions are generally required in order to maintain and
promote healthful environment for the business community. Further, open storage and (�
accessory buildings may be specifically limited in scope. In addition, no use is allowed which l)
is incompatible with the Air Installation Compatible Use Zone Study findings regarding noise and
crash potential areas in the HC APZ zones.
Ll APZ Accident Potential Zone Area. The LI APZ district is established. as a district in
which the principal use of land is intended for retail uses, offices, warehousing, shipping facilities,
and light manufacturing and assembly operations. No use is allowed which is incompatible with
the Air Installation Compatible Use Zone Study findings regarding noise and crash potential
areas in the LI APZ zones. n

ARTICLE 6. APPLICATION OF GENERAL- REGULATIONS
a6.1 Use
No building or land shall hereafter shall be used or occupied and no building or part
thereof shall be erected, moved or structurally altered except in conformity with the uses and
dimensional regulations of this ordinance, or amendments thereto, for the district in which it is
alocated.
6.2 Only One Main Building, One Main Use on Lot, and Orientation 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
building and permitted accessory building 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 manufactured homes or manufactured home parks where permitted, permitted
accessory uses, nor to unified developments of planned building groups approved by the Board
a of Commissioners, nor to a bona fide farm use. This ordinance in no way regulates the
orientation of a building.
6.3 Minimum Yards
The minimum yards or other open spaces required by this ordinance, including those
provisions regulating intensity of use, for each and every building hereafter erected or structurally
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.
6.4 Lot Subdivision
No lot shall hereafter be so reduced in area as to cause any open space yard area
required by this ordinance to be less in any dimension than is herein required by the minimum
yard requirements of the zone in which the lot in question is situated.
6.5 Certificate of Occupancy
O No final certificate of occupancy/compliance for a commercial or residential building, or
manufactured home park will be issued until all required site improvements have been
completed. A thirty (30) day temporary Certificate of Occupancy may be issued upon approval
of both the City Planner and Public Works Director.
6.6 Improvements Bond
a No final certificate of occupancy/compliance for a commercial, residential, manufactured
home park, or planned building group will be issued until all required site improvements have
been completed. In lieu of completion of required site improvements, the developer of the
planned group may enter into a contract with the City of Havelock providing for the installation
of city improvements within a designated period of time. Performance of said contract shall be
secured by a cash or surety bond which will cover the total estimated cost of the improvements
as determined by the City Planner, provided, however, that said bond may be waived by the
0 27

0
Board of Commissioners within its discretion when insignificant improvement remains. Upon
provision of a surety bond, a temporary certificate of occupancy may be issued.
6.7 Conflict with Other Laws of Covenants lJ
(a) Whenever the regulations made under the authority of this ordinance require a lJ
greater width or size of yards or courts, or require a lower height of building or less number of Q
stories, or require a greater percentage of lot to be left unoccupied, or impose higher standards
than those required in other local ordinances or by statutes which are in force in the city and its
area of jurisdiction, the provisions of the regulations made under authority of this ordinance shall
govem. Whenever the provisions of any other statute or local ordinance or regulation impose
stricter standards than those required by the regulations made under authority of this ordinance,
the provisions of such statute or local ordinance or regulation shall govern.
(b) Nothing in this ordinance shall modify or repeal any deed restriction. on land within
the area of jurisdiction of this ordinance, but no such deed restriction shall constitute a basis for n
failing to comply with the ordinance. 1,
6.8 Bona Fide Farm Exemption
This ordinance shall in no way regulate, restrict, prohibit or otherwise deter any bona fide -"
farm and its related uses within the extraterritorial jurisdiction; except that in case of conversion
of such uses to nonagricultural or nonfarm purposes, a zoning certificate shall be procured, and
the new use must comply with all regulations for the district in which it is situated. Within the
corporate limits, vegetative crop production shall be exempt from the provisions of this ordinance.
Intensive livestock operations as defined by this ordinance are not considered bona fide farms. o

ARTICLE 7. DISTRICT REGULATIONS
7.1 Table of Permitted Uses
Districts in which particular uses are permitted as a use by right are indicated by "P."
Districts in which particular uses are permitted as a special use upon approval of the
Planning Board or Board of Adjustment are indicated by "SE." See the Table of Permitted Uses
for details of each special use.
Districts in which particular uses are prohibited are indicated by a blank. Any use that
is not listed in the Table of Permitted Uses is prohibited.
29

TABLE OF PERMITTED USES
(see District Definitions. Pape 23)
Use
R-20A
R-20
R-15
R-13
R-12
R-10
R-7
R-M
R-
MH
PUD
(See
Note 1;
See
Article 9)
H-C
0&1
B-1
(See
Article
8)
L-1
I -A
I-p**
(See
Article
8)
HC
APZ
LI
APZ
Parking
Code***
Accessory Buildings
P
P
P
P
P
P
P
P
SE
P
I SE
P
I P
P
I P
SE
P
—
Accessory Uses (See Note 2)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
SE
P
—
Addressing Service
P
P
P
P
SE
P
X
Adult Establishments*
SE
SE
SE
AA
Agricultural/Farm Use
P
SE
Agricultural Supply Sales
SE
P
P
SE
P
Y
Alcoholic Beverage Control
Stores
P
P
SE
P
X
Ambulance Service/Rescue
Squad
P
P
P
P
SE
P
K
Animal Hospital/Veterinarian
Clinic
SE
SE
P
SE
P
P/X
SE/AA
Antique Shop
SE
X
Aquaculture Activities
SE
SE
SE
SE
P
AA
Art Gallery
P
P
P
P
SE
P
X
Apparel and Accessory Sales
P
P
P
SE
X
Auditoriums, Armories, Public
Assembly Buildings and Civic
Centers
SE
SE
P
P
SE
PIA
SE/AA
Auction Sales (excluding
livestock)
P
P
SE
X
Auction and Estate
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
SE
P
Automobile Detailing (No Wash)
SE
P
SE
SE
Automobile Part Sales (no
service)
P
SE
P
X
Automobile Off -Street Parking
SE
SE
SE
SE
SE
SE
SE
SE
I
SE I
I
I
I
17SEtj
AA
*Adult Establishments include Adult Arcade, Adult Bookstore, Aduft Carbaret, Adult Motion Picture Theater, Adult Theater, Massage Parlor, Sexual Encounter Establishment, and Specified Sexual Activities
as defined by this Ordinance.
**All uses in I-P district must be approved as a Planned Building Group. See Article 9.
**`Parking Code: See Article 11 for specifications. 30

Table of Permitted Uses (Continued)
Use
R-20A
R-20
R-15
R-13
R-12
R-10
R-7
R-M
R-
PUD
H-C
0&1
B-1
L-1
I -A
I-p**
HC
Lt
Parking
MH
(See
(See
(See
APZ
APZ
Code***
Note 1;
Article
Article
See
9)
9)
Article 9)
Automobile Repair
SE
SE
SE
X
Automobile Repair with Bays
SE
SE
SE
SE
Automobile Repair with Gas
SE
SE
SE
SE
Sales
Automobile Sales
SE
SE
SE
M
Automobile, Truck and Trailer
P
P
SE
P
M
Rental Service
Automobile Sales (New and
P
SE
P
M
Used)
Automobile Service Station
SE
P
SE
P
X
(Manned and Unmanned)
(See Note 3)
Automobile Wash (Automatic)
SE
P
SE
P
X
and Detailing
Automobile Wash (Hand Wash)
SE
P
SE
SE
Bakeries (Retail)
P
P
P
SE
P
X
Banks and Savings and Loan
P
P
P
P
SE
P
X
Associations
Barber Shops
P
P
P
P
SE
P
X
Beauty Shops/Nail Salons and
P
P
P
P
SE
P
X
Tanning Beds
Beach Bingo
P
P
SE
P
Bed and Breakfast
P
P
SE
P
Bicycle Sales and Repair
P
P
P
SE
P
X
Blueprinting Services
SE
P
P
P
SE
P
X
Book Stores
P
P
P
SE
P
X
Book Binding
SE
P
P
SE
P
P/X
SE/AA
Boat and Boat Trailer Sales and
SE
P
SE
P
Y
Services (including accessories)
**All uses in I-P district must be approved as a Planned Building Group. See Article 9.
17 ***Pa, tkirlq Code: See Article 11 for specifications. 31
k-- L-- =, r--' r—I r r--I ----I

Table of Permitted Uses (Continued)
Use
R-20A
R-20
R-15
R-13
R-12
R-10
R-7
R-M
R-
PUD
H-C
0&1
B-1
L-1
I -A
I-p**
HC
LI
Parking
MH
(See
(See
(See
APZ
APZ
Code***
Note 1;
Article
Article
See
9)
9)
Article 9)
Borrow Pit
SE
SE
Bottling Works
P
P
SE
P
M
Building Supplies and Hardware
SE
P
P
SE
P
Y
Bulk Storage of Oil, Liquid
SE
SE
SE
AA
Petroleum, Gasoline, Natural
Gas or Other Flammable
Materials, excess of 1,200
gallons
Bus Station
P
SE
P
Y
Cabinet, Woodworking,
P
P
P
SE
P
X
Upholstery Shops (under 2,000
sq. ft. no outside displays or
storage)
Cabinet, Woodworking (over
SE
P
SE
SE
2,000 sq. ft.)
Candy or Confectionery Making
P
P
SE
P
P/X
SE/AA
Carpet Sales and Service
P
P
P
SE
P
X
Catalogue Sales Store
P
SE
P
X
Catering Service
P
P
P
SE
P
Cemeteries
SE
SE
SE
I SE
I
SE
SE
SE
SE
SE
AA
Cemeteries (Pet)
IP
P
SE
P
X
Circuses, Carnivals, Non-profit
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
AA
Civic Functions and Temporary
Religious Revival Facilities (not
to exceed 30 days)
Churches and their Customary
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
B
Accessory Uses
Clinics and Health Centers
SE
P
P
P
P
SE
P
C
Clothing Stores and Shops
P
P
P
SE
P
X
Club or Lodge I
I
I
I
I
I
I
SE
P
SE
SE
P
N
"All uses in I-P district must be approved as a Planned Building Group. See Article 9.
***Parking Code: See Article 11 for specifications. 32

Table of Permitted Uses (Continued)
Use
R-20A
R-20
R-15
R-13
R-12
R-10
R-7
R-M
R-
PUD
H-C
0&1
B-1
L-I
I -A
I-p**
HC
LI
Parking
MH
(See
(See
(See
APZ
APZ
Code***
Note 1:
Article
Article
See
9)
9)
Article 9)
Concrete Facility, Sells Pre-
SE
SE
P
P
SE
SE
Mixed and Asphalt
Contractor's Equipment and
SE
P
P
SE
P
M
Storage (See Note 2)
Contractor General (no outside
P
P
P
P
SE
P
P/BB
storage)
SE/AA
Convenience Store
P
SE
X
Delicatessen (including catering)
P
P
P
SE
P
X
Dairy Products (for sale on
P
P
P
SE
P
X
premises, retail only)
Dairy Products, sales and
SE
P
SE
P/X
processing
SE/AA
Day Care Center (Kindergarten)
SE
SE
SE
SE
SE
SE
SE
SE
SE
P
P
SE
P/E
SE/AA
Department Stores
P
P
P
SE
X
Dress Shop
P
P
P
SE
X
Drug Stores
P
P
P
SE
P
X
Dry Cleaning and Laundry Plants
P
P
P
P
P
SE
P
X
Dwelling (single-family)
P
P
P
P
P
P
P
P
P
P
P
SE
T
Dwelling (two-family)
P
P
P
SE
U
Dwelling (multi -family) (sae Article
P
P
SE
SE
V
9. Planned Building Group Regulations
Electrical Equipment Sales and
P
P
P
SE
P
X
Service (5,000 sq. ft. or less in
gross floor area)
Electrical Equipment Sales and
P
P
SE
P
Y
Service (greater than 5,000 sq.
ft. in gross floor area)
"All uses in I-P district must be approved as a Planned Building Group. See Article 9.
*`*Parking Code: See Article 11 for specifications. 33

a +■■■� � � illlllll� 11111111� � Illililil� IIIIIiII� � illlllli� llllllil� +_ � +• � w_ 1�
Table of Permitted Uses (Continued)
Use
R-20A
R-20
R-15
R-13
R-12
R-10
R-7
R-M
R-
PUD
H-C
0&1
B-1
L-1
I -A
I-p**
HC
LI
Parking
MH
(See
(See
(See
APZ
APZ
Code**"
Note 1;
Article
Article
See
9)
9)
Article 9)
Employee Services****
P
P
P
P
P
SE
P
G
(not available to public
E00ainr ent - Theater, Beach
P
Bingo, Arcades, and Similar
SE
A
Uses
Exterminating Service
P
P
SE
P
G
Fabric/Cloth Assembly
SE
P
P
SE
P
M
Fabric Shops
P
P
P
P
SE
P
X
Fair Ground
SE
SE
SE
AA
Farm Equipment Sales and
SE
P
P
SE
P
Y
Repair
Farm Supplies
P
SE
X
Farmer's Market
P
SE
P
H
Fill (earth elevation)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
I P
SE
P
--
Fire and Safety Equipment Sales
P
SE
P
X
Florists
P
P
P
P
SE
P
X
Flea Market
P
SE
H
Food Sales (excluding Farmer's
P
P
P
SE
X
Market and Restaurants)
Freight Station (Rail)
P
P
SE
P
Y
Fuel Oil Dealers
SE
SE
SE
P
Y
Funeral Homes
SE
SE
P
SE
SE
P/I
SE/AA
Furniture Sales
P
P
P
P
SE
P
X
Fur Sales (including cold
P
P
P
SE
P
X
storage)
****Services such as employee cafeteria and child care.
**All uses in I-P district must be approved as a Planned Building Group. See Article 9.
***Parking Code: See Article 11 for specifications. 34

Table of Permitted Uses (Continued)
Use
R-20A
R-20
R-15
R-13
R-12
R-10
R-7
R-M
R-
PUD
H-C
0&1
B-1
L-1
I -A
I-p**
HC
LI
Parking
MH
(See
(See
(See
APZ
APZ
Code***
Note 1;
Article
Article
See
9)
9)
Article 9)
Gift Shops, Hobby Shops, Craft
P
P
P
P
SE
P
X
Shops
Glass Shops (sales and service)
P
SE
P
X
Golf Courses
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
P
SE
SE
P/J
SE/AA
Government Services:
Administrative Offices
P
P
P
P
P
P
SE
P
K
Civic/Event Center
P
P
P
P
SE
K
Public Safety Facilities
P
P
P
P
P
P
P
P
P
P
P
P
P
P
SE
K
Public Works/Maintenance
P
P
P
P
SE
P
K
Recreation Facilities, Indoor
P
P
P
P
P
P
P
P
P
P
P
P
P
P
SE
P
R
Outdoor Sports Arena,
P
P
P
P
P
P
P
P
P
P
P
P
P
SE
S
Spectator Sports
Recreational Activities (incl.
SE
SE
SE
SE
SE
SE
SE
S
riding stables, etc.)
Low intensity only
Wastewater Treatment Plant
P
P
P
SE
P
K
Water Tanks (elevated and
P
P
P
P
P
P
P
P
P
P
P
P
P
P
SE
K
ground storage)
Water Treatment Plant
P
P
P
P
SE
P
K
Grocery Sales
P
P
P
SE
X
Gun Shops (sales and repair)
P
P
P
SE
P
X
Home for the Aged
SE
P
SE
SE
P/L
SE/AA
Home Furnishings and Appliance
P
P
P
SE
P
X
Sales
Home Occupations (See Note 5)
P
P
P
P
P
P
P
P
P
P
P
SE
F
Hospitals
SE
P
SE
P
SE
SE
L
Hotels and Motels I
I
I
IP
SE
SE
SE
P/A
I
SE/AA
**All uses in 1-P district must be approved as a Planned Building Group. See Article 9.
***Parking Code: See Article 11 for specifications. 35

Table of Permitted Uses (Continued)
Use
R-20A
R-20
R-15
R-13
R-12
R-10
R-7
R-M
R-
MH
PUD
(See
Note 1;
See
Article 9)
H-C
0&1
B-1
(See
Article
9)
L-I
I -A
I-p**
(See
Article
9)
HC
APZ
LI
APZ
Parking
Code***
Ice Manufacturing
P
P
SE
P
M
Industrial Parks
P
SE
Y
Industrial Sales of Equipment or
Repair
P
P
SE
P
Y
Jewelry Sales and Watch Repair
Service
P
P
P
P
SE
P
X
Junk and Salvage Yards (see
Note 6)
SE
SE
SE
SE
AA
Kennels
P
SE
P
X
Laboratory Research
P
P
SE
P
Q
Landfills (construction or
demolition type)
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
AA
Libraries
SE
SE
SE
SE
SE
SE
SE
SE
SE
P
I P
P
SE
P
K
Livestock Sales and Auctioning
P
SE
BB
Loan Companies and Pawn
Shops
P
SE
P
X
Locksmith/Gunsmith
P
SE
P
X
LP Gas Sales and Service
SE
P
P
SE
Y
Machine and Welding Shops
SE
P
P
SE
P
Y
Manufactured Home Parks
SE
SE
SE
V
Manufactured Home (not in
Manufactured Home Parks)
SE
P
SE
T
Manufactured Home Sales
SE
P
SE
Y
Manufactured Structures Used
for Office and/or Exhibition
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
AA
**All uses in I-P district must be approved as a Planned Building Group. See Article 9.
***Parking Code: See Article 11 for specifications. 36

Table of Permitted Uses (Continued)
Use
R-20A
R-20
R-15
R-13
R-12
R-10
R-7
R-M
R-
PUD
H-C
0&1
B-1
L-1
I -A
I-P""
HC
LI
Parking
MH
(See
(See
(See
APZ
APZ
Code'""
Note 1;
Article
Article
See
9)
9)
Article 9)
Manufacturing, Processing,
Assembly and Wholesale of:
Food and Kindred Products
SE
P
SE
SE
M
Lumber and Wood Products
SE
P
SE
SE
M
including Furniture
Paper Products
SE
P
SE
SE
M
Plastic Products
SE
P
P
SE
P
M
Printing and Publishing
SE
P
P
SE
P
M
Fabricated Metal Products
SE
P
SE
SE
M
Electrical Equipment and
P
SE
P
SE
SE
P/M
Supplies
SE/AA
Electronic Equipment
SE
P
P
SE
P
P/M
SE/AA
Professional, Scientific,
SE
P
P
SE
P
M
Photographic, and Optical
Goods
Marinas
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
P
P
SE
SE
P/O
SE/AA
Mini -Storage Warehouse
SE
SE
SE
SE
SE
AA
Mobile Offices
SE
SE
SE
Monument Sales
P
P
SE
X
Monument Works
SE
AA
Motorcycle Sales
SE
P
SE
Y
Music Stores (N, Radio,
P
P
P
P
SE
X
Instruments, etc.) Sales and
Repair
Newspaper Publishers &
SE
SE
SE
SE
SE
SE
SE
Y
Advertising Agencies with
Publishing
"All uses in I-P district must be approved as a Planned Building Group. See Article 9.
"""Parking Code: See Article 11 for specifications. 37

Table of Permitted Uses (Continued)
Use
R-20A
R-20
R-15
R-13
R-12
R-10
R-7
R-M
R-
PUD
H-C
0&1
B-1
L-I
I -A
I-p**
HC
LI
Parking
MH
(See
(See
(See
APZ
APZ
Code***
Note 1;
Article
Article
See
9)
y)
Article 9)
Newspaper Publishers &
P
P
P
P
SE
P
Y
Advertising Agencies without
Publishing, Offices only
Newsstand Sales
P
SE
P
SE
P
X
Night Clubs, Dance Halls,
SE
SE
P
N
Discos, and Similar Uses
Nurseries (horticultural)
SE
SE
P
SE
SE
P
X
Nursing Homes, Rest Homes
SE
SE
SE
SE
SE
AA
and Assisted Living Facilities
Offices for Business,
SE
SE
SE
P
SE
SE
P/Q
Professional, and Personal
SE/AA
Services (see Note 7)
Office Supplies and Equipment,
SE
P
SE
P
Q
Sales and Service (see Note 7)
Open Air Markets
SE
SE
SE
SE
Optician Services
P
SE
P
P
SE
P
X
Pawn Shop
SE
SE
P
X
Pet Shops/Grooming (excluding
P
SE
SE
P
X
veterinary services and outside
kennels
Pharmaceutical Sales,
SE
SE
SE
P
P
SE
SE
X
Wholesale
Pharmaceutical Sales, Retail
P
P
P
SE
P
X
Photography, Commercial
SE
P
SE
P
X
Photo Shops
P
SE
P
P
P
SE
P
X
Postal Facilities
P
SE
P
P
SE
P
K
Printing and Reproduction
SE
P
SE
P
Y
Private Recreation Club or
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
AA
Swimming Club Activities (not
operated as a business for
profit)
"All uses In I-P district must be approved as a Planned Building Group. See Article 9.
'Parking Code: See Article 11 for specifications.. 38

Table of Permitted Uses (Continued)
Use
R-20A
R-20
R-15
R-13
R-12
R-10
R-7
R-M
R-
PUD
H-C
0&1
B-1
L-I
I -A
I-p**
HC
LI
Parking
MH
(See
(See
(See
APZ
APZ
Code***
Note 1;
Article
Article
See
9)
g)
Article 9)
Produce Stands
SE
SE
AA
Pumps, Electric Substations, and
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
AA
Kindred Devices
Radio or Television, Studio
SE
P
SE
P
Q
Activities Only
Recreational Vehicles
P
SE
—
Recreation or Amusement
SE
SE
P
S
Enterprise (conducted outside a
building and for profit and not
otherwise listed herein)
Recreation or Amusement
P
SE
SE
P
R
Enterprise (conducted inside a
building and for profit and not
otherwise listed herein)
Recreation or Amusement
P
SE
P
Entertainment (non-profit)
Rehabilitation Facility
SE
SE
SE
SE
AA
Residential Cluster Development
P
P
P
P
P
P
P
P
P
P
SE
T
Restaurants
P
P
P
P
SE
P
W
Retail Sales
SE
P
SE
P
X
Rooming Houses/Tourist Home
P
SE
P
SE
SE
P
P
Sales and Rental of Goods,
Merchandise, and Equipment:
Outside Storage and/or
P
P
SE
P
Y
Display
No Outside Storage or
P
P
P
SE
P
X
Display
Signs (see Article 12)
**All uses in I-P district must be approved as a Planned Building Group. See Article 9.
***Parking Code: See Article 11 for specifications. 89

Table of Permitted Uses (Continued)
Use
R-20A
R-20
R-15
R-13
R-12
R-10
R-7
R-M
R-
PUD
H-C
0&1
B-1
L-1
I -A
I-p**
HC
LI
Parking
MH
(See
(See
(See
APZ
APZ
Code***
Note 1;
Article
Article
See
9)
9)
Article 9)
Schools:
SE
Elementary
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
AA
Jr. or Sr. High Schools
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
AA
Vocational, Technical
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
AA
Business/Commercial
P
P
Z
Sheet Metal Fabrication
P
SE
M
Shoe Sales and Repair
P
P
P
SE
P
X
Small Engine Repair
P
P
SE
P
X
Social Service Centers
P
P
SE
K
Social Fraternal Clubs and
P
P
SE
N
Lodges, Union Halls and Similar
Use
Solid Waste Disposal - Transfer
P
P
P
SE
P
M
Station and Recycling Center
Sports Shops
P
P
P
SE
P
X
Storage of Flammables
P
SE
M
Storage Yards (except junk
SE
P
P
SE
P
BB
yards, building materials, and
mini storage) (See Note 2 and 7)
Tailor Shops
P
P
P
P
SE
P
X
Tavern
P
SE
W
Taxi Stands
SE
SE
P
BB
Telecommunication Towers
SE
SE
SE
Telephone Exchange Operations
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
AA
Temporary Uses
SE
SE •
SE
SE
SE
SE
SE
Theater Productions, Drive -Ins
SE
P
SE
SE
SE
Theater Productions, Indoors
P
P
P
SE
A
Theater Productions, Outdoors
SE
SE
P
A
(excluding drive-ins)
::SE
Tire Sales
P
P
X
**All uses in I-P district must be approved as a Planned Building Group. See Article 9.
***Parking Code: See Article 11 for specifications. 40

Table of Permitted Uses (Continued)
Use
R-20A
R-20
R-15
R-13
R-12
R-10
R-7
R-M
R-
PUD
H-C
0&1
B-1
L-1
I -A
I-P**
HC
LI
Parking
MH
(See
(See
(See
APZ
APZ
Code***
Note 1;
Article
Article
See
9)
9)
Article 9)
Tire Sales/Recapping
SE
SE
SE
X
Toy Stores
P
P
P
P
P
SE
P
X
Travel Agency without Buses
P
P
P
P
SE
Q
Travel Agency with Buses
SE
SE
SE
AA
Truck Terminal Activities, repair,
P
P
SE
P
BB
hauling, and/or storage
Upholstery Shops
P
SE
P
SE
SE
X
Vacuum Cleaner Sales and
P
P
SE
SE
SE
X
Repair
Variety Gift and Hobby Shops
P
P
P
SE
P
X
Warehouse
P
P
SE
P
P/BB
SE/AA
Wholesale Sale (with operations
P
SE
P
P/BB
conducted and merchandise
SEIAA
stored entirely within a building
not otherwise listed herein)
Wholesaling and Warehouse
P
P
SE
P
BB
Storage, Trucking Terminals,
Rail, Terminals, and Commercial
Trucking
P=Use Permitted by Right.
SE=Special Exception Permitted Upon Approval by Board of Adjustment after recommendation of the Planning Board.
Blank or Unlisted Activity = Prohibited Use.
**All uses in I-P district must be approved as a Planned Building Group. See Article 9.
***Parking Code: See Article 11 for specifications. 41

D7.2 Notes to the Table of Permitted Uses
Q Note 1. Land Use Within the Planned Unit Development. All uses listed in the table
of permitted uses as a use -by -right in the PUD district shall be specified to be developed on
certain sites within the PUD district at the time of the approval of the preliminary plan.
(� Commercial activities shall be situated only in a B-1 designed planned building group.
Note 2. Accessory Uses and Buildings. In 0&1 and B-1 districts, there shall be no
a open storage as an accessory use. In the I-P, L-I, and H-C districts, open storage as an
accessory use shall be permitted, provided it is enclosed by an opaque fence not less than six
(6) feet in height. No permanent residential occupancy shall be allowed as an accessory use
D in any zoning district. Swimming pools are an accessory use in R-20A, R-20, R-15, R-12, R-10,
R-7, R-M, R-MH, or 0&1 districts. Swimming pools pertain to those pools, above ground or at
ground level, that are an accessory use on a private residential lot. Public pools such as those
at a commercial recreation center or on motel or hotel property are considered separately and
must meet the regulations for the district where they are permitted. Swimming pools may be
permitted as an accessory use in residential districts, provided said pool is -not more than six (6)
feet above the normal lot ground level where it is located, and provided further that the pool
(; retaining wall or deck is not placed or constructed within ten (10) feet of any rear or side lot line.
No swimming pool shall be permitted in the required front yard of a lot. Swimming pools
permanently constructed below the ground level, and exceeding forty (40) square feet in water
O area shall be protected by a five (5) foot fence and latching gates to keep children and animals
from having unsupervised access.
Accessory buildings shall not exceed the height of the principal or primary structure.
Tractor trailers cannot be utilized for accessory buildings.
Note 3. Automobile Service Stations. Automobile service stations shall meet the
afollowing conditions:
(a) The service station is contained in a structure limited in size to two (2) single -car
service bays, office, restroom, and storage.
(b) The service station is limited in function to dispensing gasoline, oil, grease,
(j antifreeze, tires, batteries, and automobile accessories directly related to motor
�j vehicles; to washing, polishing, and servicing motor vehicles, only to the extent
of installation of the above -mentioned items; and to selling at retail the items
customarily sold by service stations.
(c) The service station shall not overhaul motors, provide upholstery work, auto glass
work, painting, welding, bodywork, tire recapping, or auto dismantling.
(d) The service station shall not rent or sell motor vehicles, trailers, or major
replacement parts.
D(e) The service station shall provide a screen planting and/or fence along the
property lines that abut residential properties. Lighting facilities shall be arranged
and of such nature that nearby residential properties are not disturbed. Service
stations shall not begin operation prior to 6:00 a.m.
(f) Any vehicles left on the premises overnight shall be contained in an enclosed
0 structure not allowing visibility in garage or behind a privacy fence.
U42

Automobile service stations located within the city shall have no gasoline or oil pump a
located within twelve (12) feet of any street right-of-way. Outside the city, no such pump shall
be located within fifteen (15) feet of any street right-of-way line. n
Note 4. Reserved. `J
Note 5. Home Occupations. Home occupations are permitted only as an incidental use
and are limited to the following:
(a) The use of the dwelling unit for the home occupation shall be clearly incidental
and subordinate to the residential use of a dwelling unit, and not more than
twenty-five (25) percent of the floor area of a dwelling unit shall be used in the
conducting of home occupations; a
(b) The home occupation shall be carried on within a dwelling unit, by one or more
occupants of such dwelling unit, except that, in connection with the practice of a
profession, one person not residing in such dwelling unit may be employed;
(c) There shall be no change in the outside appearance of the building;
(d) No home occupation shall be conducted in any accessory building; a
(e) No traffic shall be generated by such home occupation in greater volumes than 0
would normally be expected in a residential neighborhood. Any need for parking
generated by the conducting of such home occupation shall be met by providing
such space in the rear yard; D
(f) No equipment or process shall be used in such home occupation which creates
noise, vibration, fumes, odors, or which causes electrical interference in radio and
television reception;
(g) There shall be no exterior displays, or a display of goods visible from the outside;
(h) A home occupation may include the accommodation of no more than two (2) O
roomers nor provision of board to more than four (4) boarders; n
(i) There shall be no selling of articles produced elsewhere than on the premises; U
(j) There shall be no storing of materials or products outside of a principal or a
accessory building or other structure;
(k) There may be a maximum of one (1) sign used on the premises to identify the a
home occupation. This sign may be a maximum of two (2) square feet of an
unilluminated nature and mounted flat against the principal building.
Note 6. Fence and Screen required for Salvage Yards and Junkyards. The salvage a
yard and junkyard shall be entirely surrounded by a screened security fence, or by a
nonscreened security fence and vegetation screen. In the event that a salvage yard or junkyard
shall be surrounded by a nonscreened security fence, a vegetation screen shall be planted on
at least one side and contiguous to the security fence. The vegetation shall be of a type that will
reach a minimum height of six (6) feet within five (5) years and shall be planted at intervals
evenly spaced and in close proximity to each other so that a continuous, unbroken hedgerow will a
43
a

7
exist along the length of the security fence surrounding the salvage yard or junkyard. Each
owner, operator, or maintainer of a salvage yard or junkyard to which this ordinance applies, and
who chooses to surround said salvage yard or junkyard with a security fence and vegetation
a screen, shall utilize good husbandry techniques with respect to said vegetation, including, but
not limited to, proper pruning, proper fertilizer and mulching so that the vegetation will reach
maturity as soon as possible and will have maximum density and foliage. Dead or diseased
Uvegetation shall be replaced at the next appropriate planting time.
The security fence shall be maintained in good order and shall not be allowed to
deteriorate. All gates shall be closed and securely locked at all times, except during business
hours.
The city planner or his authorized agents shall have discretion to determine whether
screened fence or security fence and vegetation screen is in compliance with this section. The
division of inspection services shall be available to assist an owner, operator, or maintainer or
a salvage yard or junkyard, upon request of the said owner or operator, in the formulation of
plans for said fencing and vegetation screen.
Note 7. Tractor Trailers. Tractor Trailers cannot be utilized for offices or storage.
J
'I
11
I
I
U
I
44
A

ARTICLE 8. TABLE OF AREA, YARD AND HEIGHT REQUIREMENTS (see Notes 1 and 2)
All zones shall comply with the following:
Minimum Lot Size Minimum Yard Requirements (see Note 3)
Minimum Lot Area Minimum Lot Minimum Lot Minimum Lot Minimum Yards (ft.)
District and Use (sq.ft.) Depth (ft.) Width (ft.) Frontage (ft.) (see Notes 4 and 6)
R-20A Single -Family Residential
R-20 Single -Family Residential
R-15 Single -Family Residential
R-13 Single -Family Residential
R-12 Single -Family Residential
R-10 Single -Family Residential
R-7 Single -Family Residential
R-M' Multi -Family Residential
R-MH Manufactured home
Residential
PUD Planned Unit Development
H-C Highway Commercial
HC APZ
L-I Light Industrial
B-1 Shopping Center
0&1 Office & Institutional
Residential Use
Office & Institutional Use
LI APZ
I -A Industrial and Agricultural
I-P Industrial Park
20,000
20,000
15,000
13,500
12,000
10,000
7,000
8,000 plus 2,000
for each dwelling
unit over one (1)
5,000
120
120
120
120
120
120
100
100
80
100
100
100
85
80
80
60
70 plus 5 for
each unit over
one (1)
40
Maximum Bldg. Maximum Lot
Height (ft.) Coverage by
(see Note 5) Bldq. (%)
Front
Rear
Side
35
40
40
10
35
30
35
40
40
10
35
30
35
35
25
10
35
30
35
35
25
10
35
30
35
30
25
10
35
35
35
30
25
10
35
35
35
30
25
7
35
40
n/a
30
15
15
35
40
20 15 10 10 35
25 acres
The design standards for PUD are provided in Article 9.3.
none
none none none
20
20
15
50
none
none none none
20
20
15
35
60,000
300 200 n/a
60
50
30
50
3 acres
Minimum lot size per building not applicable in
50
20
20
50
business and industrial districts.
50
40
40
50
n/a
7,000
100
60 35 30 25 7
35
40
none
none
none none 25 20 8
56
50
60,000
300
200 none 60 50 30
50
50
90,000
300
300 none 60 50 50
50
50
The design standards for I-P are provided in Article 9.
45

8.1 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 issuance of a special use permit or as contained in Board of
Adjustment recommendations 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. In any district in which single-family O
dwellings are permitted, a single-family dwelling and customary accessory buildings may be
erected on any single lot of record at the effective date of adoption or amendment of this
ordinance. Such lot must be in separate ownership and not of continuous frontage with other
lots in the same ownership. This provision shall apply even though such lot fails to meet the
requirements for area or width, or both, that are generally applicable in the district. Unless a a
variance of yard requirements is obtained through action of the Board of Adjustment, all yard
standards shall be complied with.
Note 3. Additional Land Requirements. D
(a) Comer Lots. The set back requirements for the street side yard shall be the same
as the front yard requirement for the district in which the lot is located. a
On a comer lot in any district nothing shall be erected, planted, placed, or allowed to
grow in such manner as to materially impair vision between a height of two and one-half (2 1/2) a
and ten (10) feet above the center line grades of the intersecting streets in the area bounded by
the street lines of such comer lots and a line joining points along said street lines fifty (50) feet
from the point of the intersection.
(b) Miscellaneous Exceptions.
Certain architectural features, fences, walls, and hedges may project into required yards
as follows:
— Cornices, eaves, and sills — not more than two (2) feet into any required yard.
— Balconies, bay windows, and chimneys — not more than three (3) feet into any
required yard.
— Covered patios, decks, and porches — shall not project into required side yards.
— Uncovered patios, decks, and porches — shall not extend into the required side
yard.
— Uncovered stoops — not more than three (3) feet into front yards.
— Planted buffer strips, hedges, fences, or walls — The buffer shall be no less than
six (6) feet in height, except when extending into a front yard, in which case the
buffer shall be a maximum of four (4) feet in height. If composed of planted
material, the buffer strip shall be composed of evergreen trees, or other
vegetation designed to grow three (3) feet in thickness and six (6) feet or four (4)
feet in height depending upon the location in the front or rear/side yard. However,
in all cases, the comer lot visibility provisions as specified in part (a), above shall
be observed.
46
a

a(c) Open Storage. Any open storage not enclosed within the confines of a building, 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 property lines
adjacent to or in a residential zone by a wall, fence and/or screening in a manner acceptable to
the supervisor of inspection services or his authorized agent. This provision shall apply in any
commercial or industrial use abutting or in a residential zone, and all properties affected by this
Oprovision shall comply within three (3) years after (date of adoption of this ordinance).
(d) Accessory Buildings. Detached garages or carports and accessory buildings to
0 residential uses may be constructed in the rear yard provided they meet side or rear yard
setback requirement for a primary or principal structure. An accessory building not attached to
the principal building on a lot shall not occupy more than thirty percent (30%) of the rear yard
O area or exceed the height of the principal structure. Accessory buildings shall not be located in
the side or front yard. The accessory building shall not be utilized as a dwelling unit or for
commercial uses.
0
LN
ki
C
I
II
(e) L-1, LI APZ, I -A, or IP Side Yards. If any L-I, LI APZ, I -A or IP zoned property is
located adjacent to a dwelling unit or residentially zoned property, a fifty (50) foot side yard is
required.
(0 Canopies. Any nonresidential land use that incorporates a canopy which is totally or
partially supported by a structural pillar (upright support), such as, but not limited to, canopies
over gasoline pumps, said canopy may extend to the street right-of-way line, or property line of
a nonresidentially used or zoned property if no street right-of-way line is involved, provided that
such pillar is located at least ten (10) feet from a property line and the canopy is open on all four
(4) sides. Any side of a canopy may be enclosed provided that side meets the required yard
setbacks. Any canopy shall not extend or be located within any easement.
47

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0
I
I
I
I
I
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R
ARTICLE 9. PLANNED BUILDING GROUP
Planned building groups must be approved by the Havelock Planning Board unless
otherwise specified. Planned building groups shall be submitted to the secretary of the Planning
Board at least twenty-one (21) days prior to the regular Planning Board meeting at which it is
to be reviewed. Approval of the planned building group shall be valid for a period of two (2)
years from the date of approval. All construction specifications as noted and approved with the
planned building group shall be applied to any construction conducted in the planned building
group during the same two-year period of time.
Upon the expiration of that two-year period of validity, a revised planned building group
must be submitted in the same manner as the initial planned building group for reapproval by
the Planning Board. Design changes or construction specifications revisions may be invoked in
the reapproval of the planned building group. A substantial improvement installed as a part of
the previously approved planned building group shall be incorporated in the revised plan.
9.1 Planned Building Group Regulations for Apartments and Condominiums
Approved by: Planning Board.
Minimum Lot Area: See Article 8, Table of Yard, Area and Height Regulations.
Parking: As specified in Article 11 of this ordinance.
Accessory Structures: Accessory structures are prohibited. However, each individual unit shall
be provided a minimum of twenty-four (24) square feet enclosed exterior storage space.
Recreation Area: Play areas shall be provided for all apartments and condominium planned
building groups with over five dwelling units. A minimum play area of two thousand (2,000)
square feet having a minimum width of forty (40) feet or a minimum radius of twenty-six (26) feet
shall be provided for the first six (6) to twenty-five (25) dwelling units. For each dwelling unit
over 25 in number, an additional fifty-six (56) feet per dwelling unit shall be provided. The spatial
distribution and number of individual play areas within the planned building group shall be
determined by the Planning Board on the basis of the spatial arrangement of the dwelling units,
topography, and other physical features. Swimming pools and their accessory areas shall not
constitute any part of the open space requirements. No part of the required plan area shall be
used for any other purpose.
Timing: Proposed schedule of development, including stages likely to be followed.
Other Details:
(1) Proposed provision for storm drainage and sanitary sewerage, approved by the city
engineer.
(2) Size and proposed location of any signs.
(3) Proposed solid waste storage facilities.
Q (4) Proposed water system and fire fighting facilities such as hydrants or sprinkler
connections.
(5) Types of surfacing, slope, grade and cross-section of drives, sidewalks, malls, etc.
a (6) The location and heights of all fences, walls, and hedges shall be shown.
(7) Profiles of publicly maintained water and sewer lines.
48

(8) Profiles, cross -sections and slopes of on -site and off -site ditches carrying water runoff.
(9) Erosion and sedimentation control plan.
(10) Lighting plan inclusive of wattage and illumination.
(11) Installation of curb and gutter shall be mandatory.
(12) Depict traffic control devices.
(13) All plans and construction details must meet the current specifications of the City of
Havelock.
(14) Location and amount of recreation areas.
Placement of Buildings:
(1) There shall be maintained at least twenty (20) linear feet of open space between
individual and unattached buildings in a residential planned building group.
(2) Any group of buildings forming a courtyard shall have at least twenty-five (25) percent of
the perimeter of such courtyard open for access by emergency vehicles.
(3) Where the length of a street exceeds two hundred (200) feet and where there exists six
(6) or more dwelling units, an area must be provided for the tumaround of fire fighting
vehicles on a paved or graveled surface. This area shall not be used for parking and
shall subscribe a circular area having a radius of thirty-five (35) feet or shall have a
configuration which provides comparable turnaround space.
(4) All fire hydrants, whenever possible, should be located adjacent to the paved roadways
suitable for transporting fire fighting vehicles. Where possible, such hydrants shall be
located at least fifty (50) feet from any building. Hydrants shall be located at entrance
and exit ways, and additional hydrants shall be located so that each building and portion
thereof will be within three hundred fifty (350) feet of a hydrant. If buildings have
standpipes and sprinkler systems, one (1) hydrant shall be located within seventy-five
(75) feet of each standpipe and sprinkler system connection. 'The Guide For
Determination of Required Fire Flow," as updated, published by the insurance service
offices, will be utilize din determining the estimated water needs for fire protection. All
hydrants must be served by a water main of sufficient size. In no case shall the minimum
size main be less than six (6) inches in diameter.
Miscellaneous Requirements: The minimum construction standards for parking lots shall be
four inch coarse aggregate base with one and one-half (1-1/1) inches of asphalt. The drainage
system shall be designed to accommodate expected runoff. The solid waste storage plan shall
indicate the type of service to be provided. If dumpsters are required, the plan shall show the
dumpster locations. Dumpsters and pads shall be sized according to the number of dwelling
units. All pads shall be of concrete six (6) inches thick.
9.2 Planned Building Group Regulations for Attached Dwelling Unit for Individual Ownershi
Approved by: Planning Board.
Minimum Lot Area: Seven thousand (7,000) square feet for the first two (2) dwelling units of U
each building; one thousand eight hundred (1,800) square feet for each additional dwelling unit
of each building. Individual lots shall be exclusive of any public land or street right-of-way. In
no case shall the number of dwelling units exceed sixteen (16) per acre, exclusive of any streets
or publicly dedicated land. It is noted that the Planning Board may recommend, and the city
council may require, a lower dwelling unit density per acre than the density specified by the
minimum lot area due to factors such as, but not limited to, traffic congestion; projected demands a
on community facilities; availability of water, sewer and electrical utilities; and consistency with
the comprehensive plan of the City of Havelock.
49

I
Accessory Structures: Accessory structures are prohibited. However, each individual unit shall
be provided a minimum of twenty-four (24) square feet enclosed exterior storage space.
DMinimum Lot Width: Fourteen (14) feet.
QMaximum Height: See Article 8, Table of Yard Area and Height Requirements.
Maximum Number of Dwelling Units Per Building: Eight (8)
aSetbacks:
(1) Front Yard: Twenty-five (25) feet.
O(2) Rear Yard: Twenty (20) feet.
(3) Side yard For End Dwelling Unit: Fifteen (15) feet. There shall be no setback between the
building line of the dwelling unit and interior side lot lines. In order to ensure proper and
functional development under these regulations, it is mandatory that interior dwelling units be
o constructed.to encompass the total building width of the lot, and at least fifty (50) percent of the
linear distance of the common building wall dividing the interior living quarters of the two (2)
attached dwelling units shall be located between the two (2) said attached dwelling units.
a Access: Each lot shall front on a public street. A five (5) foot pedestrian, drainage, and utility
easement shall be provided on each lot along the entire length of all rear lot lines and side lot
lines which are situated between the end walls of buildings. No fences, trees, shrubbery or other
D similar obstructions shall be permitted in that five (5) foot pedestrian, drainage, and utility
easement.
OParking: As specified in Article 11 of this ordinance.
Plans are required and must show:
OTopography: Topography of the site at contour intervals no greater than two (2) feet.
Structures: Location and approximate size of all existing and proposed buildings and
structures within the site and all existing buildings and structures within one hundred
(100) feet, in addition to public or private easements or rights -of -way adjoining or
intersecting such property.
Circulation: Proposed points of ingress and egress and proposed pattern of internal
automobile and pedestrian circulation.
Parking and Loading: Location and extent of parking areas.
Timing: Proposed schedule of development, including stages likely to be followed.
OOther Details:
(1) Proposed provision for storm drainage and sanitary sewerage, approved by the city
engineer.
(2) Size and proposed location of any signs.
(3) Proposed solid waste storage facilities.
a
0 50

(4) Proposed water system. All fire hydrants, whenever possible, should be located adjacent
to paved roadways suitable for transporting fire fighting vehicles. Where possible, such
hydrants shall be located at least fifty (50) feet from any building. Hydrants shall be
located at entrance and exit ways, and additional hydrants shall be located so that each
building and portion thereof will be within three hundred fifty (350) feet of a hydrant. If
buildings have standpipes and sprinkler systems, one (1) hydrant shall be located within
seventy-five (75) feet of each standpipe and sprinkler system connection. 'The Guide
For Determination of Required Fire Flow," as updated, published by the insurance service
offices, will be utilize din determining the estimated water needs for fire protection.
(5) Types of surfacing, slope, grade and cross-section of drives, sidewalks, malls, etc.
(6) The location and heights of all fences, walls, and hedges shall be shown.
(7) Profiles of publicly maintained water and sewer lines.
(8) Profiles, cross -sections and slopes of on -site and off -site ditches carrying water runoff.
(9) Erosion and sedimentation control plan.
(10) Lighting plan inclusive of wattage and illumination.
(11) Installation of curb and gutter shall be mandatory.
(12) All plans and construction details must meet the current specifications of the City of
Havelock and appropriate state agencies.
9.3 Planned Unit Development (PUD)
The procedure for the establishment of a planned unit development shall be consistent
with the following courses of action. The developer of the PUD shall meet with the director of
planning and the director of public works to discuss the PUD relative to its proposed composition
and municipal land use controls. The developer may then submit a rezoning application for a
PUD district designation to the department of planning. The rezoning application will be
processed as prescribed by this ordinance. Upon establishment of the PUD zone, the developer
shall submit a preliminary map of the total PUD. The preliminary map shall contain information
consistent with the requirements of a preliminary plat as prescribed in the City of Havelock
subdivision ordinance. After approval of the preliminary plan of the PUD by the Planning Board,
the developer shall submit final plats and planned building groups drafted in accordance with the
applicable regulations.
Approved by: Planning Board.
Minimum Size: Twenty-five (25) acres.
Maximum Overall Density: Six (6) dwelling units per acre.
Maximum Height: See Article 8, Table of Yard Area and Height Requirements.
Open Space Requirements: A minimum of fifteen (15) percent of the total PUD area shall be
maintained as open space. Street rights -of -way, parking lots, building areas (as defined) and
yards held in individual ownership shall not constitute any part of the required open space;
however, building areas for recreational facilities may be computed as open space. The Board
of Commissioners may also require the developer to provide the city with an option to purchase
open space sites at fair market prices for the development of future public recreational areas
and/or community facilities. Said option shall become null and void if the city has not exercised
the option prior to the completion of seventy (70) percent of the proposed dwelling units in the
PUD. Any open space land use not included under approval of the PUD preliminary plan must
be reviewed by the Planning Board and approved by the Board of Commissioners prior to its
development.
51

Residential Development: The applicable area, yard and height requirements as contained in
Article 8 of this ordinance shall be adhered to. With the exception of predesignated lots
employing the zero lot line provisions, the applicable yard setback requirements for single-family
structures shall be based upon the square footage of the lot. All multi -family developments shall
adhere to the applicable development regulations contained herein. The approved preliminary
and final site plans shall designate the zoning district category which shall apply to each parcel
of property.
Commercial Development: Any proposed commercial land use will be developed under the
regulations of the B-1 zone. No commercial construction may be commenced until at least fifty
(50) percent of the proposed dwelling units within the PUD or five hundred (500) dwelling units,
whichever is smaller, are completed and ready for occupancy.
Industrial Development: Any industrial development within the PUD shall adhere to the
regulations set forth in the industrial park provisions (Section 10.3.11) of this ordinance.
9.4 Residential Cluster Development
Residential cluster development is to be considered as an alternative to conventional
single-family, townhouse, or condominium subdivisions. A residential cluster development must
be approved by the Planning Board. Plans for a residential cluster development must be
submitted to the secretary of the Planning Board at least twenty-one (21) days prior to the
regular monthly Planning Board meeting at which it is to be reviewed.
Approved by: Planning Board.
9.4.1 Density Transfer: Cluster development permits the transfer of density, dwelling
a units, from one portion of a land parcel to another, and will permit the clustering of dwelling units
in one or more locations upon the property. The uses permitted within the residential cluster
development shall be the same as those permitted in the zoning district in which it is located.
The cluster development shall be considered a use -by -right in all residential districts and shall
not require a zone change, but shall be subject to all other applicable provisions of the city code.
The development shall result in a permitted number of dwelling units which shall in no case
exceed the number which could be permitted if the land was subdivided into lots conforming to
the minimum lot size and density requirements of the zoning district or districts in which the land
is located. Every parcel intending to be sold shall front on either a public street or common area
to be owned by a homeowners' association. Because of the fact that the density allowed by a
cluster development is consistent with a conventional development within the district in which the
development is located, no minimum acreage is required.
In locations where the residential cluster development is proposed to be developed
immediately adjacent to a developed or undeveloped single-family subdivision which is recorded
in the register of deeds office and is zoned solely for single-family land use, the Planning Board
may, at its discretion, require one tier of lots not utilizing the residential cluster development
regulations to be developed around the perimeter or a portion thereof of the property in which
the residential cluster development is to be employed.
O9.4.2 Homeowners' Association: The establishment of a homeowners' association
shall be mandatory. As a part of the approval process, the developer shall submit to the city the
( following documents for review:
U52

(a) Proposed article of incorporation for the association. Such article of incorporation
shall provide for homeowners' control when over fifty (50) percent of the dwelling
units are sold.
(b) Proposed bylaws of the association. Such bylaws shall contain provisions which
will facilitate the selection of the most capable officers of the association. The
bylaws shall also contain provisions requiring an annual audit and distribution of
that audit to all the members of the association.
(c) Proposed annual budget of the association showing monthly assessments. The
monthly assessments must be set at a sufficient level to ensure success of the
association.
(d) Proposed ten-year income and expense budget reflecting the establishment of a
sinking fund for capital replacement.
(e) Proposed document granting rights of entry to the common areas by rescue
officers, fire fighting personnel, police officers, and service personnel while
performing their duties.
(f) Proposed information packet for prospective buyers. The packet shall include a
complete listing of all land, buildings, equipment, facilities, nd other existing or
proposed holdings of the association; time schedule for maintenance of major
facilities; and information regarding the association's assessments and fiscal
program.
(g) Proposed restrictions and covenants for the common areas and residential sites.
The homeowners' association shall be organized and established as a legal entity prior
to or as a part of the final plat approval and recording process. Membership in the homeowners'
association shall be mandatory for each original purchaser and each successive purchaser of
a residential site.
The homeowners' association shall be responsible for the payment of premiums for
liability insurance, local taxes, maintenance of recreational and other facilities located on the
common areas, payment of assessments for public and private capital improvements made to
or for the benefit of the common areas, maintenance and repair to the exterior of all attached
residences located within the development or other common area facilities. It shall be further
provided that upon default by the homeowners' association in the payment to the governmental
authority of any ad valorem taxes levied against the common areas or assessments for public
improvements to the common areas, should default continue for a period of six (6) months, then
each owner of a residential site in the development shall become obligated to pay to the taxing
or assessing governmental authority a portion of such taxes or assessments in an amount
determined by dividing the total taxes and/or assessments due to the governmental authority by
the total number of residential sites in the development. If the sum is not paid by the owner
within thirty (30) days following receipt of notice of the amount due, then the sum shall become
a continuing lien on the cluster real estate of the then owner, his heirs, devises, personal
representatives and assigns, and the taxing or assessing governmental authority may either
bring an action at law against the owner obligated to pay the same, or may elect to foreclose the
lien against the cluster real estate of the owner.
53

I
The homeowners' association shall be empowered to levy assessmen
ts against the
owners of the residential sites within the development for the payment of expenditures made by
Qthe homeowners' association for the items set forth in the preceding paragraph, and any such
assessments not paid by the owner against whom such are assessed shall constitute a lien on
the cluster site of the owner.
OEasements over the common areas for access, ingress and egress from and to public
streets and walkways and easements for enjoyment of the common areas, as well as for parking,
Qshall be granted to each owner of a residential site.
All common walls between individual residences shall be party walls and provisions for
0 the maintenance thereof and restoration in the event of destruction or damages shall be
established.
O 9.4.3 Site Plan: The site plan shall show applicable zoning districts; the location of the
buildings, streets, alleys, walks, parking areas, recreational areas and facilities; numbered and
dimensioned residential sites; and common areas to be conveyed to a nonprofit homeowners'
association, the members of which shall be all the owners of residential sites within the
development.
O All design standards as set forth in this zoning ordinance, and subdivision as set forth in
the subdivision ordinance, shall be applicable; and, in addition, the following requirements shall
be complied with.
(a) Residential Sites. The site plan shall number and show the location and
dimensions of residential sites within the development. A residential site is that
property intended for conveyance to the fee simple owner for the purpose of
(� construction thereon of a residence and shall be sufficient in size to contain the
U residence and applicable setbacks. The residential site may be of any larger size
desired by the developer, provided that in no case shall a residential structure be
Olocated within twenty (20) feet of any public street right-of-way.
(b) Common Areas. All areas on the site plan, other than public streets and
residential sites, shall be shown and designated as common areas, the fee simple
title to which shall be conveyed by the developer to the homeowners' association.
Such common areas shall not be subdivided or conveyed by the homeowners'
R association.
U 9.4.4 Construction Standards: All utilities, including street construction, shall conform
to the standards of the City of Havelock, except that the minimum graded drive width shall be
twenty-six (26) feet. The minimum pavement width shall be twenty (20) feet. Curb and gutter
shall not be required at locations where curb and gutter is neither desirable nor necessary.
n Street dedication is not required; however, sufficient right-of-way should be reserved in order to
�Uf allow for future dedication in the event that such future dedication becomes desirable to the
homeowners' association and the city or North Carolina Department of Transportation.
O 9.4.5 Bond or Letter of Credit Requirements. Common -owned facilities, including
utilities, shall be bonded, or a letter of credit shall be provided to the city against defective quality
and workmanship. The bond or letter of credit shall include all common -owned facilities to be
Oconstructed within the bond area covered by the final plat. Such bond or letter of credit shall be
U54

released by the city upon completion of such common -owned facilities and conveyance to the
homeowners' association.
9.5 Business Planned Building Group Regulations
The following planned building group regulations shall apply in the development of B-1
property. In addition, projects located within O-I, HC, and HC APZ districts involving the
construction of a building greater than seven thousand (7,000) square feet, or projects involving
the construction of more than one (1) building, structure or combination thereof, shall also
comply with the following regulations:
Approved by: Planning Board.
Minimum project and lot area: Within a B-1 district, the minimum lot size shall be three
(3) acres.
Parking and loading: Forty hundredths (0.40) of a parking space per one hundred (100)
square feet of leasable building area for planned building groups having a leasable
building area of 400,000 square feet or less; forty-five hundredths (0.45) of a parking
space per one hundred (100) square feet of leasable building area for planned building
groups having a leasable building area from 400,001 to 600,000 square feet; and fifty
hundredths (0.50) of a parking space per one hundred (100) square feet of leasable
building area for planned building groups having a leasable building area over 600,000
square feet.
One loading bay for up to twenty thousand (20,000) square feet of leasable building area;
one loading bay for each thirty thousand (30,000) square feet over twenty thousand
(20,000) square feet, up to one hundred ten thousand (110,000) square feet; one loading
bay for each fifty thousand (50,000) square feet over one hundred ten thousand
(110,000) square feet.
Screening and fencing: A screen not less than six (6) feet high of dense plant material
and/or fence where the lot abuts a residential lot.
Lots fronting on a public street: The planning board may approve plans with lots
within the interior of a business planned building group project provided that the board
finds that adequate access is assured by the design of the planned building group.
Minimum yard requirements: The planning board may approve plans which do not
provide minimum yards along interior lot lines within a business planned building group
project. All exterior lot lines located along the perimeter of the business planned building
group shall satisfy the standards listed within Article 8 entitled 'Table of Area, Yard and
Height Requirements."
Maximum Height: See Article 8, Table of Yard Area and Height Requirements.
55

Plans are required and must show:
Structures: Location and approximate size of all existing and proposed structures
within the site and all buildings and structures within five hundred (500) feet, in
addition to public or private easements or rights -of -way adjoining or intersecting
such property.
Circulation: Proposed points of access and egress and proposed pattern of
internal automobile and pedestrian circulation.
Parking and Loading: Location and extent of proposed parking and loading areas.
Timing: Proposed schedule of development, including stages likely to be
followed.
Other details:
(1) Proposed provision for storm drainage and sanitary sewerage, approved
by the city engineer.
(2) Size and proposed location of any signs.
(3) Proposed solid waste storage facilities.
(4) Proposed water system. Hydrants shall be located within three hundred
(300) feet of any building or portion thereof. Where possible, such
hydrants shall be located at least fifty (50) feet from any building. If
buildings have standpipes and sprinkler systems, one (1) hydrant shall be
located within seventy-five (75) feet of each standpipe and sprinkler
system connection. The City of Havelock Fire Chief shall determine the
estimated water needs for fire protection.
(5) Types of surfacing, slope, grade and cross section of driveways,
sidewalks, malls, etc.
(6) The location and heights of all fences, walls and hedges shall be shown.
(7) Profiles of publicly maintained water and sewer lines.
(8) Profiles, cross sections and slopes of on -site and off -site ditches carrying
water runoff.
(9) Erosion and sedimentation control plan.
(10) Lighting plan, inclusive of wattage and illumination.
(11) Installation of curb and gutter shall be mandatory.
(12) Depict traffic control devices.
K-�

to
(13) All plans and construction details must meet the current specifications of a
the City of Havelock.
Other requirements:
(1) Unified business developments- shall be located within five hundred (500)
feet of a major thoroughfare and shall have direct access thereto.
(2) Points of access and egress shall consist of driveways or roadways at
least twenty (20) feet in width and shall be set back a sufficient distance lJ
from highway intersections to minimize traffic hazards, inconvenience, and lJ
congestion.
(3) Parking areas shall have a stabilized surface with parking spaces and lJ
traffic lanes clearly marked.
(4) The property shall not extend across any major arterial street. U
Placement of buildings:
(1) Exterior walls of unattached buildings shall be located no closer than a
distance equal to the height of the taller building. a
(2) Any courtyard created by the placement of the buildings shall have at least
twenty-five (25) percent of its perimeter open for access by emergency a
vehicles.
Planned Building Group Regulations for Manufactured Home Parks
Approved by: Planning Board.
Special use district: R-M. 0
Requirements:
1. Manufactured homes in manufactured home parks shall comply with the U
permit, registration, and set up standards of this article:
— All manufactured homes and manufactured structures shall be a
anchored in conformance with the "State of North Carolina
Regulations for Manufactured Homes," as from time to time n
amended, published by the North Carolina Department of u
Insurance. The anchoring required hereunder shall be completed
within fifteen (15) days after the issuance of a manufactured home O
permit.
— Manufactured homes and manufactured structures shall be
equipped with skirting, said skirting shall contain an access door 0
measuring not less than eighteen (18) inches by twenty-four (24)
inches.
57
a

All manufactured homes and manufactured structures, except
manufactures homes and manufactured structures attached to or
joined with other structures so as to form a single unit, shall
receive electrical service from an individual meter and service
hookup for such manufactured home or manufactured structure,
and no manufactured home or manufactured structure shall receive
electric service from or through another structure of any type
located on the same or another lot.
All structural additions to manufactured homes and manufactured
structures other than those which are built into the unit and
designed to fold out or extend from same shall be erected only
after a building permit shall have been obtained, and such
additions shall conform to state and local laws and ordinances.
The building permit shall specify whether such structural additions
may remain permanently, must be removed when the
manufactured home or manufactured structure is removed, or must
be removed within a specified length of time after the
manufactured home or manufactured structure is removed. Such
structural additions existing prior to the effective date hereof shall
be removed within thirty (30) days after the manufactured home or
manufactured structure which such structure serves is moved
unless said structural addition is approved by the director of
inspections as meeting the requirements hereof and is attached to
another manufactured home or manufactured structure on the
same site within such thirty (30) day period.
2. It shall be unlawful for any person to maintain or use any lot or other
parcel of land within the jurisdiction of this ordinance for a manufactured
home park until a special exemption use permit and an occupancy permit
have been issued in compliance with the terms of this ordinance.
3. In addition to the information required for all special exception uses, a
complete "manufactured home park plan" shall be submitted showing all
existing conditions and proposed site development as required in this
ordinance including preliminary plans of all buildings, improvements, and
facilities constructed or to be constructed within the manufactured home
park.
4. Application for a special use permit shall constitute concurrent application
for an occupancy permit. The director of inspections shall inspect the
manufactured home park upon completion and, if it conforms with the
approved manufactured home park plan and special exception use permit,
issue an occupancy permit. The occupancy permit shall be revoked
whenever the director of inspections makes a finding that the requirements
of this ordinance are not being met. In such an event, a new occupancy
permit shall be issued only upon application and only after compliance
with the requirements of this ordinance.
58

5. The "manufactured home park plan" shall show or propose all a
requirements listed in this subsection and, in addition, upon issuance of
a manufactured home park special exception use permit, all of said D
requirements shall be complied with before an occupancy permit is issued.
a. The minimum manufactured home park size shall be three (3)
acres. (�
b. The park shall have minimum side and rear yards of twenty (20) l�
feet and a front yard of at least thirty (30) feet. a
C. The parks shall be located on a well -drained and properly graded
site. n
d. A manufactured home shall not be occupied by more than one (1) tJ
family and only one (1) manufactured home is allowed per space.
e. The minimum space size shall be no less than five thousand
(5,000) square feet and the average minimum space width shall be O
no less than fifty (50) feet. All spaces shall be clearly marked.
f. The minimum setback requirements for each space shall be:
Yard Setback (ft.)
Front 15
Side 10
Rear 10
g. All manufactured home spaces shall abut on an unobstructed right- a
of -way at least thirty (30) feet wide. Within such right-of-way, there
shall be a road at least twenty (20) feet wide, paved in accordance a
with city policy.
h. Buildings shall be separated by a distance of not less than twenty
(20) feet, provided, however, that accessory buildings shall not be
less than ten (10) feet from a manufactured home located on the
same space. a
i. Each manufactured home space shall be provided with at least two
(2) off -drive parking spaces. Such parking spaces shall be no
farther away than fifty (50) feet from the manufactured home space
which they serve. In addition, there shall be provided one (1) off -
drive parking space for each four (4) manufactured home spaces
in the manufactured home park. Each off -drive parking space shall
be at least two hundred (200) square feet. No automobile parking
shall be allowed in other than the parking areas specified in the
"manufactured home park plan" and areas so specified shall be off
the drive.
59

I
j. A playground or playgrounds shall be provided by the park owner
at a ratio of two hundred (200) square feet for each manufactured
a home space. The length of such playground shall be no greater
than twice its width. Such open spaces shall be maintained by the
owner and shall be exclusive of area required for manufactured
home spaces, interior drives, parking, and utility spaces. No
playground shall contain less than four thousand (4,000) square
feet of contiguous land.
a6. No manufactured home shall be placed in said park which has less than
five hundred (500) square feet of interior floor space or does not contain
a built-in bathroom with water closet, lavatory, and shower or tub which
are in working condition. Travel trailers not meeting the above
requirements shall be permitted for a period not to exceed two months in
any one year provided adequate sanitary facilities are provided in the
trailer or in a separate building which meets the general requirements of
this ordinance.
U 7. Each manufactured home space shall be connected to the sanitary
sewerage and water supply system of the City of Havelock, or, in the
absence of public sewerage and water, and with approval of the Craven
County Health Department or appropriate authorizing agency, shall be
connected to a private well and septic tank constructed under standards
required by the Craven County Health Department.
a8. All interior drives and walkways within the park shall be lighted at night
with electric lamps of no less than fifty (50) watts each, spaced at intervals
of no more than one hundred (100) feet or with equivalent lighting as
approved by the Board of Adjustment. Such lighting shall be the
responsibility of the park owner.
9. Waste disposal will be determined by the Board of Commissioners.
10. Underpinning/skirting shall be installed within ninety (90) days following
0 installation of the manufactured home.
11. Service, administration, and other buildings:
a. Within a manufactured home park, a manufactured structure may
a be used as an administrative office. Other administrative and
service buildings housing sanitation and laundry facilities or any
other such facilities shall be of permanent structure, complying with
all applicable ordinances and statutes regarding buildings,
electrical installations, and plumbing and sanitation systems.
b. All service buildings and the grounds of the park shall be kept
clean and free from any condition that will menace the health of
a any occupant or the public or constitute a nuisance. This shall be
the responsibility of the owner of the manufactured home park.
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12. Individual fuel containers and outdoor storage facilities shall be installed
and maintained in such a manner as to meet the requirements of the state
building code and other applicable state and local regulations.
13. In each manufactured home park, the permittee or duly authorized
attendant or caretaker shall be in charge at all times to keep the
manufactured home park, its facilities and equipment in a clean, orderly,
safe, and sanitary condition, and all property which is allowed to count for
meeting the density requirements of this ordinance shall be kept clear of
all underbrush, and grass on such property shall not be allowed to exceed
eight (8) inches in height.
14. It shall be the duty of each permittee to keep a register containing a
record of all manufactured home owners and occupants located within the
park. Upon the arrival of units into or departure from the manufactured
home park, the permittee is charged with informing the director of
inspections of each arrival or departure.
15. If the director of inspections finds that a park operating under a special
exception use permit is violating the terms of this ordinance or of special
conditions set forth in such special exception use permit, he may revoke
said permit.
16. Manufactured homes/structures:
a. Manufactured homes/structures shall comply with the requirements
of the permit and registration and setup standards of this article:
— All manufactured homes and manufactured structures shall be
anchored in conformance with the "State of North Carolina
Regulations for Manufactured Homes," as from time to time
amended, published by the North Carolina Department of
Insurance. The anchoring required hereunder shall be completed
within fifteen (15) days after the issuance of a manufactured home
permit.
— Manufactured homes and manufactured structures shall be
equipped with skirting, said skirting shall contain an access door
measuring not less than eighteen (18) inches by twenty-four (24)
inches.
— All manufactured homes and manufactured structures, except
manufactures homes and manufactured structures attached to or
joined with other structures so as to form a single unit, shall
receive electrical service from an individual meter and service
hookup for such manufactured home or manufactured structure,
and no manufactured home or manufactured structure shall receive
electric service from or through another structure of any type
located on the same or another lot.
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— All structural additions to manufactured homes and manufactured
structures other than those which are built into the unit and
designed to fold out or extend from same shall be erected only
after a building permit shall have been obtained, and such
additions shall conform to state and local laws and ordinances.
a The building permit shall specify whether such structural additions
may remain permanently, must be removed when the
manufactured home or manufactured structure is removed, or must
a be removed within a specified length of time after the
manufactured home or manufactured structure is removed. Such
structural additions existing prior to the effective date hereof shall
be removed within thirty (30) days after the manufactured home or
manufactured structure which such structure serves is moved
unless said structural addition is approved by the director of
inspections as meeting the requirements hereof and is attached to
another manufactured home or manufactured structure on the
same site within such thirty (30) day period.
b. Manufactured structures shall comply with the lot dimensional
requirements of the district in which they are allowed.
O C. A manufactured structure is a principal building. Only in cases
where a manufactured structure is used for (1) a temporary
construction office, (2) a manufactured classroom in conjunction
a with a school or church, or (3) an administrative office within a
manufactured home park, shall a manufactured structure be
allowed on a lot occupied by another principal building.
a9.7 Industrial Parks and All Uses Contained Herein Shall Be Allowed Only As A Planned
Building Group
Approved by: Planning Board.
a Special Use District: IP. The admission of any industry to the park shall be subject to
approval by the Board of Commissioners after recommendation by the Planning Board;
provided, however, that the Board shall be uniform in its treatment of each class or kind
of building or use in the district. No industry or other business shall be established,
maintained or permitted thereon which may be or become an annoyance or nuisance by
the reason of unsightliness or the excessive emission of smoke, dust, glare, odor, fumes,
or vibrations. Determination of whether an industry or business is or may be
objectionable for any of the above reasons shall be by the judgment of the Board of
Commissioners. No property shall be used for storage, distribution, or sale of a material
or products which shall increase the insurance rates over the standard industrial rates set
by the insurance services office.
Minimum IP Area: 50 Acres. No buildings or other structures including off-street
parking areas, shall be built or maintained which in the aggregate cover more than fifty
(50) percent of the total industrial park zone.
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Parking and Loading: Off-street parking facilities shall be provided for employees,
customers, and visitors through application of the following ratios:
(1) One Shift - One Space for each one and five -tenths (1.5) employees.
(2) Two or more shifts - One space for each one and five -tenths (1.5)
employees, using the sum of the two (2) work shifts which constitute the 11
largest work force. 0
(3) Plus one space for each managerial employee; one visitor space for each D
ten (10) managerial staff.
The parking area may be provided anywhere on the premises except in the
minimum front yard. In the event that the side or rear property lines abut
residential, medical arts, or office -institutional zones, the off-street parking area
can extend no closet than twenty-five (25) feet to said zones and a planting
screen must be maintained along such property line of such type and height as
to obscure from view any vehicles parked thereon. Whenever parking is provided
between the front of the building and the required minimum front yard, it shall be
screened from the view from the street. The maneuvering of trucks and trailers
shall be confined to the premises of each establishment. Minimum requirements
for off-street loading facilities shall be one loading space at least ten (10) feet by
sixty (60) feet with a fourteen -foot height clearance, if covered, for every ten
thousand (10,000) square feet, or fraction thereof, of floor area, except that all
establishments must have a minimum of one space. Loading bays shall be
located only on those sides of the building not facing streets and at least sixty
(60) feet from the nearest street right-of-way. Whenever a loading dock is to be
located partially or wholly within a building; such loading dock and every part
thereof shall be located twenty-five (25) feet from the nearest street right-of-way.
The actual depth of such loading dock within the building or structure shall be
determined in connection with the building plans or improvement plans. All areas
subject to wheeled traffic shall be paved with all-weather surfacing.
Plans are required and must show:
Topography: Topography of the site at contour intervals not greater than
two (2) feet.
Structures: Location and approximate size of all existing and proposed
structures within the site and all buildings and structures within five
hundred (500) feet, in addition to all public and private rights -of -way and
easements adjoining or intersecting such property.
Circulation: Proposed points of access and egress and proposed pattern
of internal automobile and pedestrian circulation.
Parking and Loading: Location and extent of proposed parking and
loading areas. Parking areas shall have a stabilized surface with parking
space and traffic lanes clearly marked.
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Lighting: Lighting plan, inclusive of wattage and illumination.
Timing: Proposed schedule of development, including stages likely to be
followed.
Other Details:
(1) Proposed provision of sanitary sewerage, approved by the Public
Works Director.
(2) Size and proposed location of any signs.
(3) Proposed solid waste storage facilities.
(4) Proposed water system and firefighting facilities such as hydrants
or sprinkler connections.
(5) Types of surfacing; slope, grade, and cross section of drives,
sidewalks, malls, etc.
(6) The location and heights of all fences, walls, and hedges shall be
shown.
(7) Complete landscaping plan for the site.
(8) Type of construction of all structures to be located on the site.
(9) A report in written form completely describing the manufacturing
process, including types of products, raw materials, by-products,
sanitary waste, solid waste, atmospheric emissions, noise levels
and proposed employment levels and shift operations.
(10) Profiles of publicly maintained water and sewer lines.
(11) Profiles, cross section, and slopes of on -site and off -site ditches
carrying water runoff.
(12) Erosion and sedimentation control plan.
(13) Lighting plan, inclusive of wattage and illumination.
(14) All plans and construction details must meet the current
specifications of the City of Havelock.
Other Requirements:
(1) Industrial parks shall be located with direct access to a major
thoroughfare and major utilities.
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(2) Points of access and egress shall consist of driveways or roadways D
at least twenty (20) feet in width and shall be set back a sufficient
distance from highway intersections to minimize traffic hazards, D
inconvenience, and congestion. All points of ingress and egress
shall be subject to the approval of the traffic engineer.
(3) The property shall not extend across any major arterial street. D
(4) Building placement:
(a) Exterior walls of opposite buildings shall be located no D
closer than a distance equal to the height of the taller
building. D
(b) Any courtyard created by the placement of the buildings
shall have at least twenty-five (25) percent of its perimeter
open for access by emergency vehicles.
(5) Building setback lines: All building sites shall face an interior
(within the industrial park) street. Property facing all streets within
the park shall have a building line setback of fifty (50) feet from the
street right-of-way. No structures or buildings shall be located D
closer than thirty (30) feet to any side property line, it being the
intent that an open area of at least sixty (60) feet shall exist
between all adjacent but separately owned improvements within
said industrial park and that adequate protection be ensured to
surrounding property owners. No building shall be located closer
than fifty (50) feet to any rear lot line of an interior lot. No building
shall be located closer than two hundred (200) feet to any exterior D
line of the IP zone.
(6) Site requirements: It is hereby declared that said area between D
the side and rear building lines and property lines is to be used
either for open landscaped areas or for off-street parking areas.
If said area is to be landscaped, it shall be done attractively with D
lawn, trees, shrubs, etc., according to plans first approved by the
Board of Commissioners upon recommendation of the Planning
Board. Any landscaped areas shall be properly maintained D
thereafter in a sightly and well -kept condition. Parking areas shall
likewise be maintained in good condition. The maximum height of
any structure shall be regulated as provided in note 6 of the Table D
of Area, Yard, and Height Requirements.
(7) Front Yard: Required front yards of building sites shall be D
maintained in grass, except walks, drives, planting, and flagpoles.
No driveway parallel to the street shall be permitted in the required
minimum front yard.
D

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(8) Unpaved portion of site: Any area not paved shall be maintained
in grass and landscaped, including any such property which may
be in a street or utility right-of-way.
(9) Power used in, or developed or obtained for the operation of, any
establishment within the confines of the site shall be confined to
electrical or a substantially equivalent type of power using only oil,
gasoline, gas, or liquid petroleum products or other approved
combustible materials in its production, or other products which
meet the requirements of the Division of Water and Air Resources,
North Carolina Department of Natural and Economic Resources.
(10) The storage of flammable materials within the industrial park shall
conform to the appropriate regulations as set forth by the Fire
Prevention Code, edition, and as subsequently adopted by
the Board of Commissioners.
(11) No billboards or advertising signs other than those identifying the
name, business, and products of the person or firm occupying the
premises shall be permitted, except that plaques, directional signs,
and a sign offering the premises for sale or lease may be
permitted as provided in Section X.
(12) Signs identifying the industrial park shall be limited to one per
industrial park entrance and must be shown by location and size
on plans to be approved by the Board of Commissioners upon the
recommendation of the Planning Board.
(13) Outside storage shall not be permitted unless it is completely
screened from public view by an opaque screen of sufficient height
to hide the materials. Finished or semifinished products and other
materials placed temporarily outside the plant will be placed on the
rear half of the property. All fencing for screening, security or
other purposes shall be attractive in appearance, well -maintained,
and shall be of a durable type approved by the Board of
Commissioners upon recommendation of the Planning Board.
(14) All utility lines shall be installed underground.
0

DARTICLE 10. SPECIAL EXCEPTION USE REGULATIONS
0 10.1 General Regulations
Permission may be granted by the board of adjustment for the establishment of uses
listed as special exception uses (SE) in the district use regulation tables in Article 7 after
planning board review and recommendations and after a public hearing held by the board of
adjustment; provided that the board of adjustment finds that:
10.1.1 The proposed use does.not affect adversely the general plans for the physical
development of the city as embodied in these regulations or in any plan or portion thereof
adopted by the planning board or the board of commissioners;
10.1.2 The proposed use will not be contrary to the purposes stated in these regulations;
10.1.3 The proposed use will not affect adversely the health and safety of residents and
workers in the zoned area;
10.1.4 The proposed use will not be detrimental to the use or development of adjacent
properties or other neighborhood uses;
10.1.5 The proposed use will not be affected adversely by the existing uses;
10.1.6 The proposed use will be placed on a lot of sufficient size to satisfy the space
requirement of said use;
10.1.7 The proposed use will not constitute a nuisance or hazard because of the number
of persons who will attend or use such facility, vehicular movement, noise or fume generation,
or type of physical activity.
10.1.8 The standards set forth for each particular use for which a permit may be granted
have been or will be met;
10.1.9 The proposed use shall be subject to the minimum area, setback, and other
dimensional requirements of the zoning district in which it will be located;
a 10.1.10 The proposed use shall be subject to the off-street parking and service
requirements of these regulations.
D10.1.11 The proposed use complies with all applicable state and federal regulations.
The board of adjustment shall impose or require such additional restrictions and
standards as may be necessary to protect the health and safety of workers and residents of the
community, and to protect the value and use of property in the general neighborhood.
a Whenever the director of inspections shall find, in the case of any permit granted
pursuant to the provisions of these regulations, that any of the terms, conditions, or restrictions
upon which such permit was granted are not being complied with, the director of inspections
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shall rescind and revoke such permit after giving due notices to all parties concerned. The
applicant may appeal the action of the director of inspections to the board of adjustment.
If construction of a use authorized by a special exception use permit does not begin
within one (1) year of the time the permit is issued, said permit automatically shall be revoked.
When the special exception use permit begins, the applicant shall have thirty (30) days to ensure
all conditions of the permit have been accomplished.
10.2 Application for Special Exception Use Permits
One application packet for a special exception use permit shall be made in duplicate to a
the director of inspections fourteen (14) days prior to the meeting at which it is to be reviewed
on forms furnished by the Administrative Officer. Following review by the Administrative Officer, 0
eighteen (18) corrected copies plus one (1) original shall be submitted to the Administrative
Officer. If rezoning is to be requested in connection with the request for a special exception use,
said request shall be made concurrent with the application for the special exception use. The
application shall include the following if pertinent and .necessary for proper review by the O
planning board and board of adjustment.
10.2.1 Plat of survey prepared by a land surveyor registered in North Carolina or other a map drawn to a scale and approved by the director of inspections, showing the location, property
boundaries, dimensions, elevations, uses, and size of the following: subject site; existing and
proposed structures; existing and proposed easements, streets, and other public ways; off-street O
parking, loading areas and driveways; existing highway access restrictions; existing and
proposed front, side, and rear yards. In addition, the plat of survey shall show the location,
elevation, and use of any abutting lands and their structures within forty (40) feet of the subject
site; soil mapping unit lines; mean and historic highwater lines on or within forty (40) feet of the
subject site; soil mapping unit lines; mean and historic highwater lines on or within forty (40) feet
of the subject premises, and existing and proposed landscaping;
10.2.2 The applicant shall provide names and addresses of the applicant, owner of the
site, architect, professional engineer, contractor, if any, and all opposite and abutting owners of
record. This information shall be certified on a form approved by the Administrative Officer. The a
applicant shall notify all abutting and adjoining property owners of the hearing with certification
that this requirement has been accomplished provided to the Administrative Officer.
10.2.3 Description of the subject site by lot, block, and recorded subdivision or by metes
and bounds; address of the subject site; type of structure or site; number of employees; and the
zoning district within which the subject site lies; and (�
10.2.4 Additional information as may be required by the planning board, board of U
adjustment, director of inspections, or county sanitary inspector, such as ground surface 0
elevations, basement and first floor elevations, utility elevations, historic and probable future
floodwater elevations, areas subject to inundation, floodproofing measures, soil types, slopes,
and boundaries, and plans for proposed structures giving dimensions and elevations pertinent
to the determination of the hydraulic capacity of the structure or its effects on flood flows.
A fee will be paid to the City of Havelock for each application for a special exception use
permit. In addition, costs for retaining legal, planning, engineering, and other technical or
professional services in connection with the review of special exception use permit applications
may be charged the applicant.

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10.3 Review and Approval of Special Exception Uses
The application forms for a special exception use permit shall be transferred along with
the required plans, plats, etc., to the planning board by the director of inspections before a
regularly scheduled planning board meeting so that the application can be placed on the
Planning Board's agenda. At the Planning Board at which the case is scheduled to be heard,
the owner of the property for which the special exception use is sought or his agent or attorney
shall appear, failure to appear shall result in postponement of the hearing.
The planning board shall review the application for details, where applicable, of the site,
situation, existing and proposed structures, architectural plans, neighboring land and water uses,
proposed parking areas, driveway locations, highway access, traffic generation and circulation
potential, drainage, waste disposal, water supply systems, and the effects of the proposed use,
structure, operation and potential changes in water quality, shoreland cover, natural beauty, and
wildlife habitat.
The planning board shall consider recommending conditions that may be placed in the
granting of the special exception use permit by the board of adjustment. These conditions may
include such items as landscaping, architectural design, type of construction, construction
commencement and proposed completion dates, sureties, lighting, fencing, location, size and
number of signs, water supply and waste disposal systems, performance standards, street
dedication, certified survey maps, flood -proofing, ground cover, sedimentation control from the
project construction, terraces, stream bank protection, planting of buffer screens, operational
control, hours of operation, improved traffic circulation, deed restrictions, highway access
restrictions, yard sizes, or additional parking.
In addition, the planning board shall check for compliance of the requested special
exception use with all other relevant provisions of this ordinance, such as lot dimensional
requirements, building heights, parking, and loading standards.
Within forty-five (45) days of first receiving the application, the planning board shall make
its written recommendations and pass them on to the board of adjustment. The director of
inspections shall set a date and advertise for board of adjustment public hearing. The board of
adjustment shall review the application and all recommendations from the planning board.
DThe board of adjustment will approve or deny the application following a public hearing
provided for in the above paragraph.
After approval or conditional approval of the special exception use by the board of
adjustment, such board shall advise the director of inspections of such approval. Notification to
the applicant shall be by a written letter signed by the director of inspections and a copy of the
approval letter shall be forwarded to the special exception use permit applicant and to the
planning board chairman.
a Rejection of an application for a special exception use permit shall be recorded in the
minutes of the board of adjustment meeting during which the decision was made. Notification
of the rejection or denial of an application for a special exception use permit shall be by a letter
signed by the director of inspections. Such letter shall state reasons for denial and reference
the specific sections or paragraphs in this ordinance that would be violated if the special
exception use were granted. The denial letter shall be forwarded to the chairman of the planning
n board and the board of adjustment. One copy shall be retained in the files of the board of
U adjustment.
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10.4 Specific Requirements for Some Special Exception Uses NOTE: All uses must comply
with state and federal regulations.
10.4.1 Automobile Sales/Repair Lot: All areas subject to vehicular traffic and with
parked/stored vehicles must be paved. Any vehicles, tires, or the like waiting for repair must be
kept behind a solid fence or in an enclosed garage and not in public view.
10.4.2 Borrow Pits: All borrow pits shall have a ten (10) foot fence buffer with a
lockable gate.
10.4.3 Accessory Buildings: Accessory buildings will not be allowed in front and side
yards.
10.4.4 Churches: Churches and accessory uses including cemeteries shall have
minimum side and rear yards of at least twenty-five (25) feet.
10.4.5 Day care centers and nurseries: Day care centers and nurseries shall comply
with the North Carolina General Statutes.
10.4.6 Hospitals, nursing homes, and/or extended medical facilities: Side, front, and
rear yards shall be at least twenty-five (25) feet.
10.4.7 Junk and salvage yards: A buffer strip as defined in Article 3 shall be provided
along all property lines of the junk and salvage yard lot.
10.4.8 Landfills, construction or demolition type: Building construction may be
allowed upon landfills containing materials of a nonbiodegradable nature only.
10.4.9 Landfills, sanitary: The operation of a sanitary landfill shall be carried out in
accordance with the standards and procedures prescribed by the NC State Board of Health's
Division of Sanitary Engineering. Building construction upon a sanitary landfill shall not be
allowed.
10.4.10 Manufactured homes on individual lots: Manufactured homes that are not
located in manufactured home parks may be permitted in the R-20A Residential District with a
special exception use permit. When replacing a manufactured home with a larger manufactured
home (i.e., replacing a 10' x 50' with a 14' x 60'), this will be increasing an existing
nonconforming use/structure. The goal is to eliminate old manufactured homes.
10.4.10.1 Manufactured homes on individual lots shall comply with the permit and
registration and set-up standards of Article 9.6.
10.4.10.2 Manufactured homes on individual lots in the R-20A Residential District
shall comply with the lot dimensional requirements of that District (see Article 8).
10.4.10.3 A manufactured home is a principal building. In no case shall a
manufactured home be allowed on a lot occupied by another manufactured home, dwelling unit,
or other principal building provided, however, a manufactured home may be occupied temporarily
on the same lot where a new permanent single-family dwelling unit is being constructed, or
where an existing permanent single-family dwelling unit is undergoing extensive remodeling. In
70

these cases, the manufactured home may be occupied by the owner of the lot and dwelling unit
being constructed on the same lot. Further, the manufactured home must be removed from the
lot within thirty (30) days after the new or remodeled structure is occupied. During the period
of temporary use, the manufactured home must be anchored and registered under the provisions
of this ordinance as well as being connected to approved water supply and sewerage system
and electrical connections.
10.4.11 Manufactured Home Parks: Manufactured Home Parks may be allowed within
R-M Multi -family Residential Districts as a special exception provided that:
10.4.11.1 Manufactured homes in manufactured home parks shall comply with
the permit, registration, and set-up standards of Article 9.6.
10.4.11.2 It shall be unlawful for any person to maintain or use any lot or other
parcel of land within the jurisdiction of this ordinance for a manufactured home park until a
special exception use permit and an occupancy permit have been issued in compliance with the
terms of this ordinance.
10.4.11.3 In addition to the information required for all special exception uses a
complete "manufactured home park plan" shall be submitted showing all existing conditions and
proposed site development as required in this ordinance including preliminary plans of all
a buildings, improvements, and facilities constructed or to be constructed within the manufactured
home park.
a 10.4.11.4 Application for a special exception use permit shall constitute
concurrent application for an occupancy permit. The director of inspections shall inspect the
manufactured home park upon completion and, if it conforms with the approved manufactured
a home park plan and special exception use permit, issue an occupancy permit. The occupancy
permit shall be revoked whenever the director of inspections makes a finding that the
requirements of this ordinance are not being met. In such an event a new occupancy permit
a shall be issued only upon application and only after compliance with the requirements of this
ordinance.
10.4.11.5 The "manufactured home park plan" shall show or propose all
requirements listed in this subsection and in addition, upon issuance of a manufactured home
park special exception use permit, all of said requirements shall be complied with before an
occupancy permit is issued.
a. The minimum manufactured home park size shall be three (3) acres.
b. The park shall have minimum side and rear yards of twenty (20) feet and
O a front yard of at least thirty (30) feet.
C. The parks shall be located on a well -drained and properly graded site.
d. A manufactured home shall not be occupied by more than one (1) family
and only one (1) manufactured home is allowed per space.
e. The minimum space size shall be no less than five thousand (5,000)
square feet and the average minimum space width shall be no less than
Ofifty (50) feet. All spaces shall be clearly marked.
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f. The minimum setback requirement for each space shall be: O
Yard Setback (feet)
Front 15 lJ
Side 10 lJ
Rear 10
g. All manufactured home spaces shall abut on an unobstructed right-of-way
at least thirty (30) feet wide. Within such right-of-way there shall be a
road at least twenty (20) feet wide, paved in accordance with city policy. (�
h. Buildings shall be separated by a distance of not less than twenty (20) �J
feet, provided, however, that accessory buildings shall not be less than ten
(10) feet from a manufactured home located on the same space. (�
i. Each manufactured home space shall be provided with at least two (2) off- ( J
drive parking spaces. Such parking spaces shall be no farther away than
fifty (50) feet from the manufactured home space which they serve. In
addition, there shall be provided one (1) off -drive parking space for each
four (4) manufactured home spaces in the manufactured home park.
Each off -drive parking space shall be at least two hundred (200) square
feet. No automobile parking shall be allowed in other than the parking
areas specified in the "Manufactured Home Park Plan" and areas so
specified shall be off the drive.
j. A playground or playgrounds shall be provided by the park owner at a 0
ratio of two hundred (200) square feet for each manufactured home space.
The length of such playground shall be no greater than twice its width.
Such open spaces shall be maintained by the owner and shall be D
exclusive of area required for manufactured home spaces, interior drives,
parking, and utility spaces. No playground shall contain less than four
thousand (4,000) square feet of contiguous land. (�
10.4.11.6 No manufactured home shall be placed in said park which has less than �J
two hundred (200) square feet of interior floor space or does not contain a built-in bathroom with
water closet, lavatory and shower or tub which are in working condition. Travel trailers not
meeting the above requirements shall be permitted for a period not to exceed two months in any
one year provided adequate'sanitary facilities are provided in the trailer or in a separate building n
which meets the general requirements of this ordinance. U
10.4.11.7 Each manufactured home space shall be connected to the sanitary O
sewerage and water supply systems of the City of Havelock or, in the absence of public
sewerage and water and with approval of the Craven County Health Department or appropriate
authorizing agency, shall be connected to a private well and septic tank constructed under
standards required by the Craven County Health Department.
10.4.11.8 All interior drives and walkways within the park shall be lighted at night
with electric lamps of no less than fifty (50) watts each, spaced at intervals of no more than one
hundred (100) feet or with equivalent lighting as approved by the board of adjustment. Such
lighting shall be the responsibility of the park owner.
10.4.11.9 Waste disposal will be determined by the board of commissioners.
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10.4.11.10 Service, administration, and other buildings:
a. Within a manufactured home park, a manufactured structure may be used
as an administrative office. Other administrative and service buildings
housing sanitation and laundry facilities or any other such facilities shall
be of permanent structure, complying with all applicable ordinances and
statutes regarding buildings, electrical installations, and plumbing and
sanitation systems.
b. All service buildings and the grounds of the park shall be kept clean and
free from any condition that will menace the health of any occupant or the
public or constitute a nuisance. This shall be the responsibility of the
owner of that manufactured home park.
10.4.11.11 Individual fuel containers and outdoor storage facilities shall be
installed and maintained in such a manner as to meet the requirements of the state building code
and other applicable state and local regulations.
10.4.11.12 In each manufactured home park, the permittee or duly authorized
attendant or caretaker shall be in charge at all times to keep the manufactured home park, its
facilities and equipment, in a clean, orderly, safe, and sanitary condition, and all property which
is allowed to count for meeting the density requirements of this ordinance shall be kept clear of
D all underbrush, and grass on such property shall not be allowed to exceed eight (8) inches in
height.
10.4.11.13 It shall be the duty of each permittee to keep a register containing a
record of all manufactured home owners and occupants located within the park. Upon the arrival
of units into or departure from the manufactured home park, the permittee is charged with
informing the director of inspections of each arrival or departure.
10.4.11.14 If the director of inspections finds that a park operating under a special
exception use permit is violating the terms of this ordinance or of special conditions set forth in
such special.exception use permit, he may revoke said permit.
10.4.12 Manufactured Structures:
10.4.12.1 Manufactured structures shall comply with the requirements of the
permit and registration and set up standards of Article 10.4.9.
10.4.12.2 Manufactured structures shall comply with the lot dimensional
requirements of the district in which they are allowed.
10.4.12.3 A manufactured structure is a principal building. Only in cases where
a manufactured structure is used for. (1) a temporary construction office, (2) a manufactured
classroom in conjunction with a school or church, or (3) an administrative office within a
manufactured home park, shall a manufactured structure be allowed on a lot occupied by
another principal building.
10.4.13 Schools, public or private:
10.4.13.1 Shall have minimum side and rear yards of at least fifty (50) feet.
73

10.4.13.2 All accessory buildings and related uses shall be at least twenty-five
(25) feet from the nearest property line.
10.4.13.3 An off-street loading and unloading area for vehicles carrying pupils
shall be provided.
10.4.14 Service Stations and Other Automotive Business Establishments: Due to
the nature of the materials handled, the light, noise, and other nuisances that sometimes are
related to service stations, automobile repair facilities, automobile washing facilities, and similar
establishments catering to the needs of the motoring public, certain minimum standards for
development of such business uses are established as follows:
10.4.14.1 A buffer, as defined in this ordinance, shall be provided along all
property lines of such uses which abut a residential district or lot which is occupied by a
residential use.
10.4.14.2 All gasoline pumps and other stationary equipment shall be at least
twenty-four (24) feet off the edge of pavement or twelve (12) feet off the edge of right-of-way,
whichever is greater.
10.4.14.3 All areas subject to daily or frequent use of vehicles shall be paved.
(Note: Tires, vehicles, and the like for service or repair must be stored in an enclosed garage
or behind a solid fence).
10.4.15 Theaters, outdoor:
10.4.15.1 No part of any theater screen, projection booth or other building shall
be located closer than five hundred (500) feet to any residential district or closer than fifty (50)
feet to any property line or public right-of-way; and no parking space shall be located closer than
one hundred (100) feet to any residential district.
10.4.15.2 The theater screen (patron viewing side) shall not be visible from a
major street or highway.
10.4.16 Adult Establishments: Established after November 14, 1994, shall be subject
to the following additional requirements:
10.4.16.1 The purpose of this subsection is to prevent the adverse effects of Adult
Establishments in close proximity to one another, or in close proximity to residentially zoned
property; or nursery schools, elementary schools, junior high schools, high schools, public
playgrounds or churches. Regulations restricting the location of Adult Establishments are
reasonable and necessary for the prevention of deleterious effects on other uses within the
jurisdiction of the city.
10.4.16.2 No building, structure or any portion thereof or any portion of a lot or
parcel of property shall be used for an Adult Establishment at a location closer than one
thousand (1,000) feet from any other Adult Establishment, or closer than four hundred (400) feet
from any residentially zoned property, nursery school, elementary school, junior high school, high
school, public playground or church situated within the city limits or the extraterritorial jurisdiction.
74

0 10.4.17 Telecommunications Towers:
10.4.17.1 Guy -wire towers shall not be permitted.
10.4.17.2 The co -location of towers shall be encouraged.
a10.4.17.3 Height of communications towers shall be regulated by the Federal
Aviation Administration.
0 10.4.17.4 Communication tower locations are prohibited in front yards.
10.4.17.5 All communication towers shall be in compliance with the
Telecommunications Act of 1996.
10.4.17.6 According to the Federal Radio Frequency Emission Standards, local
governments have no ability to prohibit towers on the basis of environmental or health concerns.
10.4.17.7 All communication towers shall comply with the Federal Radio
Frequency Emission Standards.
10.4.17.8 The board of adjustment may deny a permit based upon a tower's
Oinfluence on property values or an aesthetic concern.
10.4.17.9 A minimum lot size of 1/2 acre per tower shall be set. No variances
shall be allowed.
10.4.17.10 Accessory structures on the ground which contain switching
equipment, or other electrical equipment are to be designed to resemble the neighborhood's
basic residential house design, or to match the architecture and style of the principal use on the
property.
a10.4.17.11 Landscaping/screening is required as approved by the Board of
Adjustment.
10.4.17.12 A six (6) foot high protective barrier shall be required around the base
of the tower. The barrier shall be a masonry wall, chain link fence, solid wood fence, or opaque
barrier.
10.4.17.13 Setback requirements shall be according to the zoning district in which
q 9 9
the tower is located.
10.4.17.14 The tower shall be lighted to satisfy Federal Aviation Administration
requirements.
10.4.17.15 All towers shall be removed within 90 days following abandonment.
a 10.4.17.16 When a tower is blown over or inoperable, or in cases where the
owner shows no intention to repair a tower, the tower shall be removed by the owner within 180
days following damage or termination of operation.
U75

10.4.17.17 All advertising signage is prohibited.
10.4.17.18 All towers shall be painted blue or gray if not otherwise required by
the Federal Aviation Administration.
10.4.17.19 The owner must provide adequate insurance coverage for any
potential damage caused by or to the tower.
for towers:
10.4.17.20 The following information shall be required on all site plan applications
a. Identification of intended user of tower.
b. Documentation by registered engineer that tower has sufficient structural
integrity to accommodate more than one user.
C. Documentation that no suitable existing facilities within coverage area are
available to applicant.
d. Statement from owner indicating his intent to allow shared use of the
tower and how others will be accommodated.
e. Evidence that property owners of residentially zoned/used property within
300' of base would be notified by applicant before it is heard by the Board
of Adjustment.
10.4.17.21 The board of adjustment shall determine if a tower is in harmony with
the area and compatible with adjacent properties, and can consider the aesthetic effects of the
tower as well as mitigating factors concerning aesthetics and may disapprove a tower on the
grounds that such aesthetic effects are unacceptable and that a new site should be proposed.
The following factors shall be considered:
a. Protection of the view in scenic areas, unique natural features, scenic
roadways, historic sites, etc.
b. Prevent the concentration of towers in an area.
C. Height, design, placement, and other characteristics could be modified to
have a less intrusive visual impact.
r-

i
ARTICLE 11. OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS
11.1 Exemptions
a The off-street parking and loading requirements shall apply to all districts and special
uses.
O11.2 General Regulations
If structures or uses are enlarged, expanded or changed, there shall be provided off-
street parking for the enlargement or expansion 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. Such spaces may
be provided in a parking garage or paved open area. All parking areas and other areas,
including driveways, subject to vehicular traffic shall be paved. Paved open areas may be
masonry, concrete, asphalt, or alternative paving surface such as turfstone which provides
reduced stormwater runoff.
Each application for a Zoning/Building Permit submitted to the Planning Director as
provided for in Article 6 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 Director or his
designee to determine whether or not the requirements of this ordinance are met.
The Zoning/Building Permit for the use of any building, structure or land where off-street
parking or loading space is required should be withheld by the Planning Director until provisions
of this section are fully met. If at any time such compliance ceases, any Certificate of
Occupancy/Compliance 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 when the Planning Director or his designee finds that a greater
width is necessary to accommodate the vehicles customarily using the driveway. All driveways
leading to parking areas and required parking spaces shall be paved.
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 building or use unless the times of
usage of such buildings or uses will not be simultaneous.
77

Off-street parking space shall be located on the same lot as the use for which provided a
or on a separate lot within 200 feet of any entrance to a building, provided that such parking
space land is owned by the owner of the building or lease for the same period of time as the 0
building.
The off-street parking requirements for two or more uses on the same lot may be
combined and used jointly, provided that the uses are not in operation during the same hours.
Two or more uses on the same lot and operating during the same hours shall individually comply
with the parking requirements.
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 -way in a forward direction, with the exception of individual
lots in residential districts.
All off-street parking spaces shall be clearly and permanently marked. Parked vehicles O
shall not extend beyond the parking space onto any public right-of-way and adequate driveways
to safely access all parking spaces. One way drives shall be twelve (12) feet in width and two-
way drives shall be twenty (20) feet in width. All areas subject to vehicular traffic shall be paved.
An off-street parking space shall not be less than the site required below for the angle
parking shown. 0
Angle Stall Width Curb Length per Stall Depth
(degrees) (feet) Car (feet) (feet)
00 10, 24' 10,
300 10, 20' 20'
4511 10, 14' 20'
600 10, 12' 20'
900 10, 10, 20' 0
NOTE: See Exhibit 4, Examples of Parking.
11.3 Off -Street Loading Reauirements
The number of off-street loading berths required by this section shall be considered as
the absolute minimum. For purposes of this section an off-street loading berth shall have a minimum dimensions of twelve (12) feet by twenty-five (25) feet and fourteen (14) overhead
clearance with adequate means for ingress and egress.
For non-residential structures containing less than twenty-five thousand (25,000) square
feet of gross floor area, one (1) berth shall be required.
78

ki
0
I
I
0
I
it
I
0
0
0
For non-residential structures containing twenty-five thousand (25,000) or more square
feet of gross floor area, the number of berths, specified in the table below shall be provided.
Square Feet of Gross Floor Area Required Number of Berths
25,000-40,000
1
40,000-100,000
2
100,000-160,000
3
160,000-240,000
4
240,000-320,000
5
320,000-400,000
6
Each 90,000 above 400,000
1
11.4 Parking Ratios
Parking Code Recommended Spaces
A One (1) space for each four (4) seats.
B One (1) parking space for each four (4) seats in the congregation meeting area.
C Four (4) spaces for each doctor plus (1) space for each employee.
D One (1) space for every three (3) membership.
E One (1) space for each adult attendant and one (1) space for every six children or
fraction thereof.
F Reserved.
G One (1) space per 800 square feet of gross floor area.
H The parking area shall be equal to or exceed the area allocated to the display of
commodities and pedestrian walkways.
I One (1) space for every four (4) seats in the largest chapel.
J One (1) space per two employees, plus three (3) per golf hole.
K One (1) space for each 2,000 sq. ft. of gross floor area used by the public; one (1)
space for each 600 sq. ft. of gross floor area not used by the public.
L One (1) space for every bed space.
M One (1) space for every 1.5 employees during maximum employment, and one (1)
space for every truck/car/bus to be stored or stopped simultaneously.
N One (1) space for every four seats in principal assembly room.
O One (1) parking space for each slip in the marina plus one (1) space for each four
dry storage spaces.
P One (1) space for every rental room plus 10% of total required spaces for the
rooms.
Q One (1) space for every 200 square feet of gross floor area.
R One (1) space for each 750 sq. ft. of gross floor area.
79

H
Parking Code
Recommended Spaces
S
T
Total parking space*equivalent to one (1) percent of total land area.
Three (3) spaces.
U
Six (6) spaces.
V
Two and one-half (2-1/2) spaces for each dwelling unit.
W
One (1) space for each four (4) seats.
X
One (1) space for every 200 square feet of gross floor area.
Y
One (1) parking space for each six hundred (600) square feet of gross floor area.
Z
One (1) space for each school employee plus one (1) space for every four (4)
students.
a
AA
Parking space requirements are conditional with individual special exception use
permits granted.
BB
One (1) space for every three employees during maximum employment, and one
(1) space for every vehicle to be stored or stopped simultaneously.
These required spaces do not include handicapped spaces as required by the NC State Building
Code. Any fraction is rounded up to the required next highest number of spaces.
M

ARTICLE 12. SIGN REGULATIONS
12.1 Purpose
It is the purpose of this article to permit signs of a commercial, industrial, and residential
nature in districts which have uses with appropriate need for signs and, in the interest of public
safety and general welfare, to regulate the size, type, and placement of signs intended to be
seen from a public right-of-way.
12.2 Permit Required for Signs
Except as otherwise provided in sections 12.3 (Signs exempt from regulation) and 12.4
(Temporary signs), no sign may be erected, moved, enlarged, or substantially altered except in
accordance with the provisions of this section.
Signs not exempted under the provisions referenced above may be erected, moved,
enlarged, or substantially altered only in accordance with a sign permit issued by the zoning
administrator or his designee and a building permit issued by the chief building inspector or his
designee.
Sign permit applications and sign permits shall be governed by the same provisions of
this ordinance applicable to zoning permits.
In the case of a lot occupied or intended to be occupied by multiple business enterprises
(e.g., a shopping center):
a. Sign permits shall be issued in the name of the property owner rather than in the
name of the individual business, and it shall be the responsibility of such owner
to allocate among the tenants the permissible maximum sign surface area that
has been approved by the zoning administrator.
b. Upon application by such owner, the zoning administrator must approve a master
sign plan that allocates permissible sign surface area to the various buildings or
businesses within the development according to an agreed -upon formula, and
thereafter sign permits may be . issued to individual tenants by the zoning
administrator or his designee only in accordance with the allocation contained in
the master sign plan. In the event an owner is unwilling or unable to devise a
master sign plan, such plan shall be developed by the zoning administrator using
building frontage as a calculation for total sign surface area.
a12.3 Signs Exempt from Regulation
The following signs are exempt from regulation under this article except for the
regulations embodied in section 12.13:
a. Signs not exceeding two square feet in area that are customarily associated with
a residential use and that are not of a commercial nature, such as signs giving
property identification names or numbers or names of occupants, signs on
mailboxes or paper tubes, and signs posted on private property relating to private
parking or warning the public against trespassing or danger from animals.
0 81

b. Signs erected by or on behalf of or pursuant to the authorization of a
governmental body, including legal notices, identification and informational signs,
and traffic, directional, or regulatory signs.
C. Official signs of a informational nature erected by public utilities.
d. Flags, pennants, or insignia of any governmental or nonprofit organization when
not displayed in connection with a commercial promotion or as an advertising
device.
e. Signs directing and guiding traffic on private property that do not exceed two
square feet each and that bear no advertising information.
Signs painted on or otherwise permanently attached to currently licensed motor
vehicles that are not primarily used as signs.
g. Memorial plaques, cornerstones, historical tablets, and similar devices.
h. Noncommercial signs posted in conjunction with doorbells or mail boxes and not
exceeding one (1) square foot in area.
Small unilluminated signs, not exceeding two (2) square feet in area, displayed
strictly for direction, safety, or convenience of the public, including signs which
identify restrooms, telephones, parking area entrances and exits, freight entrances
and the like.
j. Signs required by law to be posted, unless specifically prohibited, limited, or
restricted.
k. Direction or information signs of a public or quasi -public nature shall not exceed
twenty-five (25) feet in area. Such signs shall only be used for the purpose of
stating or calling attention to:
— The name or location of the town, hospital, community center, public or
private school, church, synagogue, or other places of worship;
— The name of a place of meeting of an official or civic body such as the
Chamber of Commerce, service club, or fraternal organization;
— An event of public interest such as a public hearing, general election,
church, or public meeting, local or county fair, and other similar community
activities and campaigns; and
— Soil conservation, 4-H, and similar projects.
I. Address signs, not exceeding one (1) square foot in area and showing only the U
numerical address designations of the premises upon which they are located.
M. Home occupation and professional signs not exceeding two (2) square feet that
are unilluminated and mounted flat against the principal building.
n. Temporary lease, rent, or sale signs, not exceeding six (6) square feet in area a
and pertaining only to the lease, rental, or sale of the property on which it is
displayed. Only one (1) such sign shall be permitted per street frontage.
82
O

I
o. Signs painted on walls, roofs, and windows of business or industrial
(� establishments.
U 12.4 Temporary Signs
O Temporary signs are prohibited. This includes signs that are mounted on mobile
framework or movable apparatus and are portable, including but not limited to, arrow type signs,
spring type signs, metal frame signs, pricing type signs, and special purpose advertising signs.
12.5 Determining the Number of Signs
a For the purposes of determining the number of signs, a sign shall be considered to be
any surface, fabric, or device bearing lettered, pictorial, or sculptured matter designed to convey
information visually and exposed to public view; or any structure (including billboard or poster
panel) designed to cant' the above visual information. A sign contains an organized relationship
n of elements designed to convey information.
U Without limiting the generality of the above, a multisided sign shall be regarded as one
sign as long as:
a. With respect to V-type signs, the two sides are at no point separated by a
adistance that exceeds five feet.
b. With respect to double-faced (back to back) signs, the distance between the
backs of each face does not exceed two feet.
a12.6 Com utation of Sign Area
The surface area of a sign shall be computed by including the entire area that forms the
extreme limits of the writing, representation, emblem, or other display, forming a square,
rectangle, triangle, or circle as appropriate, together with any material or color forming an integral
D part of the background of the display used to differentiate the sign from the backdrop or structure
against which it is placed. This does not include any supporting framework or bracing that is
clearly incidental to the display itself.
If the sign consists of more than one section or module, all- of the area, including that
between sections or modules, shall be included in the computation of the sign area.
Unless otherwise provided for in section 12.5, the surface area of two-sided, multisided,
or three-dimensional signs shall be computed by including the total of all sides designed either
to attract attention or communicate information that can be seen at one time by a person from
DUI any vantage point. For example, with respect to a typical two-sided sign where a message is
printed on both sides of a flat surface, the sign surface area of only one side (rather than the
sum total of both sides) shall be regarded as the total sign surface area of that sign, since one
can see only one side of the sign from any vantage point.
12.7 Total Sign Surface Area
oUnless otherwise provided in this article, the total surface area devoted to all signs on any
lot shall not exceed the limitations set forth in this section. Temporary signs shall not be
a included in this calculation. Freestanding signs, while included in this calculation, are subject
to maximum sizes as contained in section 12.8 (Freestanding sign surface area).
83

Unless otherwise provided in this article, the maximum sign surface area permitted on
any lot in a residential zoning district is two square feet.
Subject to the other provisions of this section, the maximum sign surface area permitted
on any lot in an agricultural, residential, commercial, office and institutional, or industrial district
shall be determined as follows:
(1) There may not be more than 0.5 square foot of sign surface area per linear foot
of street frontage up to 200 feet of frontage.
(2) There may be up to 0.25 square foot of additional sign surface area per linear
foot -of lot frontage in excess of 20 feet.
If a lot has frontage on more than one street, then the owner shall designate which street
frontage constitutes the primary street frontage of the property and shall receive 100 percent of
the allowable sign surface area for that street. For that street frontage that is deemed to be
secondary, the owner shall receive up to 50 percent of the total sign surface area for that street
frontage.
Whenever a lot is situated such that it has indirect street frontage by means of a private
driveway providing public access to said lot from a public street, then the owner/developer of the
lot shall be entitled to signage on said street frontage as if the lot directly abutted that public
street. Frontage for such lots shall be determined by using the lot boundary line where the
private driveway providing principal access is located, as well as any additional direct lot frontage
that may exist. Indirect street frontage shall not be included as part of the total sign surface area
calculation for lots that have direct frontage on the public street where the private driveway
intersects.
In a commercial shopping center consisting of three or more units that share common
party walls or of a building located in the city's central retail core (defined as the area
encompassing those properties abutting the east side of Craven Street, the east side of Hancock
Street, the north side of Tryon Palace Drive, and the north side of Broad Street), the developer
or owner of the said shopping center or building may determine the sign surface area
requirements by following the provisions outlined above concerning lot frontage or by using a
building frontage calculation in which one square foot of signage is allowed for each square foot
of tenant space or retail frontage.
The sign surface area of any sign located on a wall of a structure shall not exceed 25
percent of the total surface area of the wall of a building from end to end.
12.8 Freestanding Sign Surface Area
For purposes of this section, a side of a freestanding sign is any plane or flat surface
included in the calculation of the total sign surface area as provided in section 12.6. For
example, wall signs typically have one side. Freestanding signs typically have two sides (back
to back), although four sided and other multisided signs are also common.
A single side of a freestanding sign may not exceed 0.5 square foot in surface area for
every linear foot of street frontage along the street toward which such sign is primarily oriented.
However, in no case may a single side of a freestanding sign exceed 50 square feet in surface
area if the lot on which the sign is located has less than 200 feet of frontage on the street toward
84

which that sign is primarily oriented, 75 square feet on lots with 200 or more but less than 400
feet of frontage, and 100 square feet on lots with 400 or more feet of frontage.
With respect to freestanding signs that have no discernible "sides", such as spheres or
other shapes not composed of flat planes, no such freestanding sign may exceed 0.5 square foot
in total surface area for every linear foot of street frontage along the street toward which such
sign is primarily oriented. However, in no case may such sign exceed 100 square feet in surface
area.
Notwithstanding section 12.13, the owner/developer of a nonresidential development
located on a lot that has indirect street frontage by means of a private driveway providing public
access to such lot from a public street shall be entitled to a freestanding sign bearing the name
of the development and/or its tenants on said street frontage. Said sign shall be located either
in the driveway access area or in a designated sign easement area immediately adjacent to the
driveway. The freestanding sign shall not exceed a sign surface area of 100 square feet and
shall be counted as part of the overall signage allotment for the development. (A sign easement
area shall not be included as part of the lot frontage calculation, but shall remain a part of the
lot frontage of the parcel out of which the sign easement area was created). In no case shall
the freestanding sign size exceed the total sign surface area permitted for that lot based on the
calculations prescribed in section 12.7.
12.9 Number of Freestanding Signs
Except as authorized by this section, no development may have more than one
freestanding sign. If a development is located on a corner lot that has at least 200 feet of
frontage on each of the two intersecting public streets, then the development may have not more
than one freestanding sign on each side of the development bordered by such streets.
If a development is located on a lot that is bordered by two public streets that do not
intersect at the lot's boundaries (double front lot), then that development may not have more
than one freestanding sign on each side of the development bordered by such streets.
a12.10 Subdivision and Multifamily Development Entrance Signs
Q At any entrance to a subdivision or multifamily development, there may not be more than
two signs identifying such subdivision or development. A single side of any such sign may not
exceed 32 square feet, nor may the total surface area of all such signs exceed 64 square feet.
Said signs must be located on the subdivision site.
12.11 Location and Height Requirements
allo sign may extend above any parapet or be placed upon any roof surface, except that,
for purposes of this section, roof surfaces constructed at an angle of 75 degrees or more from
a horizontal shall be regarded as wall space. This subsection shall not apply to displays, including
lighting, erected in connection with the observance of holidays on the roofs of residential
structures.
Q No sign or supporting structure may be located in the traveled portion of any public right-
of-way unless the sign is attached to a structural element of a building and an encroachment
permit has been obtained from the city (and from the state, if necessary).
0 85

No part of a freestanding sign may exceed a height of 20 feet, measured from the grade
of the street from which access to the property is provided.
Freestanding signs may be located within a C-5A office and institutional district
(historical), provided said signs do not exceed a height of ten feet and do not exceed a total sign
surface area of 16 square feet. Additionally, freestanding signs located in a C-5A district shall
maintain a minimum three foot setback from the public sidewalk, measured from the nearest part
of the sign to the said public sidewalk.
12.12 Sign Illumination and Signs Containing Lights
Unless otherwise prohibited by this ordinance, signs may be illuminated if such
illumination is in accordance with this section.
Lighting directed toward a sign shall be shielded so that it illuminates only the face of the
sign and does not shine directly into a public right-of-way or residential premises. The reflection
from such signs shall not exceed 25 percent of the lumens directed toward the sign measured
from the property line of the lot upon which the sign is located.
Internally illuminated freestanding signs may not be illuminated in excess of one hour
prior to or following the normal operating hours of the business or enterprise.
Festoons of lights that outline property lines, sales areas, rooflines, doors, windows, or
similar areas are prohibited. No sign may contain or be illuminated by flashing lights or lights
of changing degrees of intensity, except signs indicating time, date, weather conditions, or
associated messages. This does not apply to temporary signs erected in connection with the
observance of holidays.
12.13 Miscellaneous Requirements
No off -premises signs may be located within 2,000 feet of any residential district,
provided, however, said off -premises sign that is directional in nature may be allowed within
2,000 feet of any residential district when associated with a non-residential development that (i)
is situated such that the development has no street frontage on a primary collector street or
arterial street and (ii) is located within 1,000 feet of the location of the off -premises sign. Said
nonresidential development shall be limited to one off -premises sign that shall not exceed a sign
surface area of 24 square feet and a height of 20 feet. Said off -premises sign shall be
calculated as part of the overall sign surface area for the development. The property on which
the off -premises sign is located shall not be used in determining the overall lot frontage. In
addition, no off -premises sign may be located within 1,000 feet of any other off -premises sign.
In the case where a nonresidential development has street frontage on a primary collector or
arterial street and desires off -premises signage on a second primary collector or arterial street
that is within 500 feet of the development, said off -premises sign may be erected off -premises
under the restrictions enumerated in this paragraph. In such cases, however, the overall signage
for the development as determined by the lot frontage calculation detailed in section 12.7 shall
be reduced by 30 percent.
No sign may be located so that it substantially interferes with the view necessary for
motorists to proceed safely through intersections or to enter into or exit from public streets or
private roads.

All signs must be constructed and erected in accordance with the Southern Building Code
and its related North Carolina Building Code amendments.
No sign may be erected on city -maintained or private rights -of way so that by its location,
color, size, shape, nature, or message it would tend to obstruct the view of or be confused with
official traffic signs or other signs erected by governmental agencies.
U Freestanding signs shall be securely fastened to the ground or to some other substantial
supportive structure so that there is virtually no danger that either the sign or the supportive
a structure may be moved by the wind or other forces of nature and cause injury to persons or
property.
Outdoor advertising signs shall be located in such a way that they maintain horizontal and
vertical clearance of all overhead electrical conductors in accordance with the National Electrical
Code; provided that in no case shall an outdoor advertising sign be erected closer than ten feet
horizontally or vertically from any conductor or public utility guy wire.
Whenever an outdoor advertising sign or structure becomes structurally unsafe, the
building inspector shall give written notice to the owner of the sign, or the owner of the premises
on which the sign is located, that such sign shall be made safe or removed within ten days of
said notification. Further, whenever an outdoor advertising structure has outlived any useful
purpose for which it was intended, it shall be removed forthwith.
87

ARTICLE 13. NONCONFORMING SITUATIONS
Within the districts established by this ordinance or amendments that may be later adopted there
exist lots, structures, uses of land and structures, and characteristics of use which were lawful
before this ordinance was passed or amended, but which would be prohibited, regulated, or
restricted under the terms of this ordinance or future. amendment. It is the intent of this
ordinance to permit these nonconformities to continue until they are removed, but not be
enlarged upon, expanded or extended, nor be used as grounds for adding other structures or
uses prohibited elsewhere in the same district.
13.1 Nonconforming Lots of Record
In any district in which single-family dwellings are permitted, a single-family dwelling and
customary accessory building may be erected on any single lot of record at the effective date
of adoption or amendment of this ordinance. Such lot must be in separate ownership and not
of continuous frontage with other lots in the same ownership. This provision shall apply even
though such lot fails to meet the requirements for area or width, or both, that are generally
applicable in the district. Variances of yard requirements, however, shall be obtained only
through action of the board of adjustment.
13.2 Nonconforming Structures
Where a lawful structure exists at the effective date of adoption or amendment of this
ordinance that could not be built under the terms of this ordinance by reason of restrictions on
area, lot coverage, height, yards; its location on the lot, or other requirements concerning the
structure, such structure may be continued so long as it remains otherwise lawful, subject to the
following provisions:
13.2.1 No such nonconforming structure may be enlarged or altered in any way which
increases its nonconformity, but any such structure or portion thereof may be altered to decrease
its nonconformity;
13.2.2 Should such nonconforming structure be destroyed or demolished by any means
to an extent of one hundred (100) percent of its then current appraised value, it shall not be
reconstructed.
13.2.3 Should such structure be moved for any reason for any distance whatever, it shall
thereafter conform to the regulations for the district in which it is located after it is moved.
13.3 Nonconforming Use of Land and/or Minor Structures
Where at the time of passage of this ordinance, lawful use of land exists which would not
be permitted by the regulations imposed by this ordinance, and where such use involves no
individual structure with a replacement cost exceeding $1,000.00, the use may be continued so
long as it remains otherwise lawful, provided:
a13.3.1 No such nonconforming use shall be enlarged or increased, nor extended to
occupy a greater area of land than was occupied at the effective date of adoption of this
ordinance;
0 88

13.3.2 No such nonconforming use shall be moved in whole or in part to any portion of
the lot or parcel other than that occupied by such use at the effective date of adoption or
amendment of this ordinance;
13.3.3 Nonconforming uses of land involving minor structures such as signs, or stored
junk materials such as storage yards, junk yards, or salvage yards, shall be removed according
to the following schedule after the effective date of this ordinance:
Appraised Value of Minor Structure
or Junk Material
Time for Removal
Less than $500
one (1) year
$500 to $999
two (2) years
$1,000 to $1,999
three (3) years
$2,000 to $2,999
four (4) years
$3,000 or more
five (5) years
13.4 Loss of Nonconforming Status
Normal repair and maintenance of a nonconforming building, or alterations to strengthen O
or restore to a safe condition shall not be construed so as to be in conflict with the
nonconforming status effected by this ordinance, provided, however, that such repair,
maintenance, or alteration does not enlarge the nonconforming building or use of land. 0
Where a lot, structure, or use of land is made nonconforming by the adoption of this
ordinance or amendments that may be later adopted, the nonconforming status shall be forfeited
under any one of the following circumstances:
13.4.1 If land containing a nonconforming structure is legally joined under common
ownership with other adjoining land to the effect that the entirety is in conformity with this a
ordinance;
13.4.2 If a nonconforming use ceases for any reason for a continuous period of six (6)
months;
13.4.3 If a nonconforming building or structure is made to conform with this ordinance; a
13.4.4 If the nonconforming structure is removed.
•

0
I
ARTICLE 14. BOARD OF ADJUSTMENT
0 14.1 Creating the Board of Adiustment
The board of adjustment is hereby authorized and initially shall consist of five (5) regular
members and four (4) alternates to serve in the absence of regular members. Three (3) of the
initial regular members and two (2) alternates shall reside within the city limits and shall be
appointed by the Board of Commissioners for initial terms of three (3) years. The other two (2)
initial regular members and two (2) alternates shall reside within the extraterritorial jurisdiction
of the city and shall be appointed by the County Board of Commissioners for initial terms of three
(3) years. Upon expiration of the term of each extraterritorial member, a successor
extraterritorial member shall be appointed only if the remaining total number of extraterritorial
members on the board of adjustment is less than the number required by NC General Statute
160A-362. If the remaining total number of extraterritorial members on the board of adjustment
is equal to or greater than the number required by NC General Statute 160A-362, then the board
of commissioners shall appoint a successor who resides within the city limits. However, at least
one regular member of the board of adjustment shall be an extraterritorial member. - The total
number of extraterritorial members shall be evaluated annually and following any extension of
the extraterritorial jurisdiction of the city to ensure proportionate representation based on
population for residents of the extraterritorial area as required by NC General Statute 160A-362.
Successor extraterritorial members shall be appointed by the county board of commissioners for
terms of three (3) years or less to create staggered terms. Other successor members shall be
appointed by the board of commissioners for terms of three (3) years or less to create staggered
terms.
All members of the board of adjustment shall serve as such without compensation.
Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for
the period of the unexpired term by the board of commissioners for the area within the city limits
and by the county board of commissioners for the area outside of the city limits, but within the
extraterritorial jurisdiction.
Extraterritorial members shall have equal rights, privileges, and duties with the other
members of the board of adjustment regardless whether the matters at issue arise within the City
of Havelock or within its extraterritorial area.
14.2 Meetings
The board shall elect one of its members as chairman and shall appoint a secretary and
such other subordinates as may be authorized by the board of commissioners. The board shall
formulate, adopt, and operate under rules of procedure consistent with the Zoning Ordinance of
the City of Havelock, North Carolina. Meetings of the board shall be held at the call of the
chairman and at such other times as the board may determine. Such chairman, or in his
absence the acting chairman, may administer oaths and compel the attendance of witnesses.
All meetings of the board shall be open to the public. The board shall keep minutes of its
proceedings, showing the vote, indicating the facts, and also keep records of its examination and
any other official action.
The concurring vote of four -fifths of the members of the board shall be necessary to
reverse the order, requirement, decision, or determination of the administrative officer, or to
decide in favor of the applicant any matter upon which it is required to pass under this ordinance,
or to grant a variance from the provisions of the ordinance.
.R

A quorum shall consist of five (5) members of the board. Each appeal or application to
the board shall be deliberated and voted upon by five (5) members of the board and, in the
absence of a regular member or members and subject to the following paragraph, alternate
members whose terms of office have the earliest expiration date shall fill the remaining seats on
the five (5) member panel in the order of such expiration dates, and where two (2) or more such
members' terms of office shall expire on the same date, then the order of priority for sitting on
the panel shall be determined, as between or among those members, by the alphabetical order
of their surnames, but in no case shall more than five (5) members of the board deliberate and
vote upon any appeal or application.
Alternate members who reside within the city limits shall serve only in the absence of
regular members who reside within the city limits, and alternate members who reside in the
extraterritorial area of the city shall serve only in the absence of regular members who reside
within the extraterritorial area of the city.
Members of the board present at the hearing of an appeal or application but who are not
sitting on the five -member (5) panel shall not participate in the interrogation of applicants or
witnesses, nor shall they deliberate or comment upon the appeal or application or any questions
raised thereby.
14.3 Filing and Notice for an Appeal
Appeals from and review of any order, requirement, decision, determination, or refusal
made by the director of inspections or other administrative official charged with the enforcement
of any provision of this ordinance and all applications for interpretations or variances shall be
filed within the times prescribed by the board of adjustment by general rule, by filing with the
officer from whom the appeal is taken and with the board of adjustment a notice of appeal or
application, as the case may be, specifying the grounds thereof. The officer from whom the
appeal is taken shall forthwith transmit to the board of adjustment all applications and records
pertaining to such appeals or applications. There will be a six month time limit on appeals to the
Board of Adjustment.
14.3.1 Hearing of this Appeal: After receipt of notice of an appeal the board chairman
shall schedule the time for a hearing, which shall be at a regular or special meeting within thirty-
six (36) days from the filing of such notice of appeal.
14.3.2 Notice: At least one week prior to the date of the hearing, the City of Havelock
shall furnish all adjoining property owners with written notice of the hearing and shall post notice
on the property for a period of one week prior to the hearing. Notice of the intended meeting
shall be published in a newspaper with general circulation in the City of Havelock.
14.3.3 Fees for Appeals or Variances: A fee shall be paid to the City of Havelock,
North Carolina, for each application for a variance, interpretation, or appeal, to cover the
necessary administrative costs and advertising. Where interpretation of the terms of this
ordinance is required specifically by this ordinance to be determined by the board of adjustment,
the required fee shall be waived.
14.3.4 Stay of Enforcement Pending Appeal: The filing of an appeal with the board
of adjustment shall stay all proceedings and furtherance of the action appealed from, unless the
officer from whom the appeal is taken files a certificate after the notice of appeal has been filed
91

H
with him which certifies to the board that in his opinion, because of facts that are stated in the
certificate, the stay would:
0 — Cause imminent peril to life or property.
a — Seriously interfere with the enforcement of the ordinance for the reason that the
violation charged is transitory in nature.
a14.4 Powers and Duties
The board of adjustment shall have the following powers and duties:
14.4.1 Administrative Review: To hear and decide appeals where it is alleged by the
appellant that there is error in any order, requirement, permit, decision, determination, or refusal
made by the building inspector or other administrative official, in the carrying out or enforcement
Oof any provision of this ordinance.
14.4.2 Interpretation: To interpret the terms of this ordinance and pass upon disputed
questions of lot lines or district boundary lines and similar questions as arise in the administration
of the ordinance.
14.4.3 Variance: To authorize upon appeal in specific cases such variance or
modifications from any of the regulations or provisions of this ordinance relating to the use,
construction, or alteration of buildings or structures or the use of land as will not be contrary to
the public interest where, owing to special conditions, a literal enforcement of the provisions of
this ordinance would result in unnecessary hardship. In granting any variance, the board may
prescribe appropriate conditions and safeguards in conformity with this ordinance. A variance
from the terms of this ordinance shall not be granted by the board unless and until the following
findings are made:
— That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same district.
O— That literal interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same district
under the terms of this ordinance.
D— That the special conditions and circumstances do not result from the actions of
this applicant.
— That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other land, structures, or buildings in
Othe same district.
— That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other land, structures, or buildings in
the same district.
I
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14.4.4 Special Exception Permits: To hear and decide on applications for special
exception permits based on special requirements of this ordinance. The location and types of
special exception permits that may be allowed are listed in the table of District Uses Regulations
(see Article 7) with procedures for application and additional requirements for certain special
exception uses prescribed in Article 10.
14.5 Additional Powers
Notwithstanding the provisions of Article 13 of these regulations and any provisions of
subsection 14.3 of this Article 14 to the contrary, the board of adjustment shall have the power
to authorize upon appeal variances from the provisions set forth in subsection 13.3.3 of Article
13 of these regulations, which said subsection prohibits enlargement, increase, or extension of
an nonconforming use; and the board of adjustment shall grant such variance only where the
following findings are made:
— The enlarged, increased, or extended nonconforming use will comply with all
restrictions applicable to such uses in areas of the city where such uses are
permitted by right.
— The enlarged, increased, or extended nonconforming use will not affect adversely
the general plans for the physical development of the city as embodied in these
regulations or in any plan or portion thereof adopted by the planning board or the
board of commissioners.
— The enlarged, increased, or extended nonconforming use will not affect adversely
the health and safety of residents and workers in the zoned area.
— The enlarged, increased, or extended nonconforming use will not be detrimental
to the use or development of adjacent properties and other neighborhood uses.
— The nonconforming use will not be enlarged, increased, or extended beyond the
lot, parcel or tract of land which it occupied at the effective date of the Zoning
Ordinance or the amendment thereto rendering such use nonconforming, as the
case may be.
— The nonconforming use will not be enlarged, increased, or extended by more than
twenty (20) percent of the actual floor or ground area occupied by such use at the
effective date of the Zoning Ordinance or the amendment thereto rendering such
use nonconforming, as the case may be.
14.6 Judicial Review
Every decision of the board shall be subject to review by the Superior Court by
proceedings in the nature of certiorari.
Any appeal to Superior Court shall be taken within thirty (30) days after the decision of
the board is filed with the town clerk, or after a written copy is delivered to the appellant by
personal service or registered mail, whichever is later.
93

0
0 ARTICLE 15. CHANGES AND AMENDMENTS
U The Havelock Board of Commissioners may amend, supplement, or change the text of this
ordinance and/or the zoning map in accordance with the following procedures:
O15.1 Application
15.1.1 Amendment Initiation: Proposed changes or amendments to this ordinance may
be initiated by the board of commissioners, planning board, board of adjustment or by any one
or more interested parties.
U 15.1.2 Petition for Amendment: Petitions from the public at large to amend this
ordinance shall be submitted to the Havelock Planning Board for review and recommendation
aat least fifteen (15) days prior to the next regularly scheduled meeting of the planning board.
15.1.3 Required Information: An application for any change or amendment of the text
of this ordinance shall contain a statement of the present regulation, the proposed amendment
to it, and the name and address of the party requesting the change. An application for any
change or amendment of a zoning district boundary shall contain a legal description of the
property to be affected by the change and the name and address of the party requesting the
achange.
15.1.4 Fee: With each application for any change or amendment, a fee shall be paid to
a the City of Havelock, North Carolina, to cover the costs of advertising and administrative
expenses. The board of commissioners, planning board, and board of adjustment shall be
exempt from this fee.
15.2 Planning Board Review and Recommendations
D The planning board, at its discretion, may call for a public hearing on any proposed
amendments. A notice of public hearing shall be given once a week for two (2) successive
weeks in a newspaper distributed in the City of Havelock, said notice to be published the first
time not less than fifteen (15) days prior to the day fixed for said hearing.
The planning board may have forty-five (45) days within which to submit its
a recommendations on petitions for amendment. Failure of the board to submit its
recommendations within this time period shall constitute a favorable recommendation. The
planning board's report shall be submitted in writing to the board of commissioners.
In the event a proposed change in the zoning classification of a tract or parcel of land
shall be denied by the board of commissioners, a request for the same zoning classification
change may not be resubmitted, either to the board of commissioners or to the planning board,
0 until the expiration of one hundred eighty (180) days following the date of the board of
commissioners' action denying the proposed change.
Q15.3 Public Hearing by Board of Commissioners
15.3.1 Advertisement: A notice of public hearing by the board of commissioners shall
abe given once a week or two (2) successive calendar weeks in a newspaper having general
0 94

circulation in the area, said notice to be published the first time not less than fifteen (15) days
nor more than twenty-five (25) days prior to the date fixed for said hearing. In computing such
period, the day of publication is not to be included but the day of the hearing is to be included.
If the application is for a change in a district boundary, in addition to the newspaper notice, the
property proposed to be changed shall be posted for a period of at least fifteen (15) days but not
more than twenty-five (25) days prior to the date fixed for said hearing, with a notice indicating
the proposed change, and the date of hearing.
In addition to the foregoing newspaper and property -posting notice, as the case may be,
whenever there is proposed a zoning classification action involving a parcel of land, the owner
of that parcel as shown on the Craven County tax listing, and the owners of all parcels of land
abutting that parcel of land as shown on the Craven County tax listing, shall be mailed, at least
ten (10) days prior to the date fixed for the public hearing provided for herein, a notice of the
proposed classification by first class mail at the last addresses listed for such owners on the
Craven County tax abstracts and the person or persons mailing such notices shall certify that
fact to the board of commissioners, such certificate to be deemed conclusive in the absence of
fraud.
15.3.2 Vote of the Board: A simple majority of the board of commissioners shall be
required to amend this ordinance when the planning board recommends such amendment. A
four -fifths (4/5) majority vote of the board of commissioners shall be required to amend this
ordinance when the planning board recommends against such amendment.
95

H
OARTICLE 16. ADMINISTRATION AND ENFORCEMENT
U16.1 Permits Required
(� No person shall commence or proceed with any of the following work without first
j securing from the director of inspections any and all permits required by the state building code,
any other state laws, or this Code as applicable to the following types of work:
— The construction, reconstruction, alteration, repair, removal, or demolition of any
building or structure;
— The installation, extension, alteration, or major replacement of any plumbing
system;
— The installation, extension, alteration, or major replacement of any heating or
cooling equipment system;
— The installation, extension, alteration, or general repair of any electrical wiring,
device, appliance, or equipment; or
The installation of driveways, curb -cuts, and concrete pads.
16.2 Certificates of Occupancy
No building which has been erected, added to, relocated, or structurally altered for which
a building permit has been issued shall be used or occupied until a certificate of occupancy shall
have been issued by the administrative officer stating that the building or structure or part thereof
complies with the provisions of this ordinance.
16.3 Application for Building Permit and Certificate of Occupancy
An application for a building permit and a certificate of occupancy shall be filed
simultaneously with the administrative officer on a form provided by him and shall include and
be accompanied by one (1) set of plans, signed by the applicant, showing the dimensions and
shape of the parcel to be built on; and the sizes, intended uses, and locations of any existing
buildings and those proposed, and shall include such other information as may be necessary to
determine conformance with this ordinance. In addition to the foregoing, any such application
for a certificate of occupancy in a major subdivision as defined in section 15.3 of the Code of
Ordinances shall include a signed statement by the applicant that all streets, shoulders, ditches,
curbs, gutters, and sidewalks contiguous or adjacent to the parcel to be built on comply with the
standards set forth in Article 3 of Chapter 15 of the Code of Ordinances. A temporary thirty (30)
day certificate of occupancy may be issued upon approval by both the planning director and the
director of public works.
16.4 Issuance of Permits
When the administrative officer is satisfied that all proposed constructions, installations,
relocations, or structural alterations comply with the provisions of this ordinance, a building
permit shall be issued. Upon completion of said work and within ten (10) days of completion,

if the administrative officer is satisfied that all work has been completed in accordance with all
provisions of this ordinance and that all streets, shoulders, ditches, curbs, gutters, and sidewalks
contiguous or adjacent to the subject parcel comply with the standards set forth in Article 3 of
Chapter 15 of the Code of Ordinances, a certificate of occupancy shall be issued.
16.5 Records and Invalidation
A record of all permits issued shall be kept on file in the office of the administrative
officer.
Any building permit issued shall become invalid if the work authorized by it has not been
commenced within six (6) months of the date of issuance, or if the work authorized by it is
suspended or abandoned for a period of one (1) year.
16.6 Remedies
If a building or structure is erected, constructed, reconstructed, altered, repaired,
converted, or maintained, or any building, structure or land is used in violation of this ordinance,
the administrative officer or any other appropriate authority of the City of Havelock may, in
addition to other remedies, institute any appropriate action or proceedings to prevent the unlawful
erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to
restrain, correct, or abate the violation, to prevent occupancy of the building, structure or land,
or to prevent any illegal act, conduct, business, or use in or about the premises.
16.7 Violations
Each day a violation continues shall be deemed a separate offense. Notice of such
violation shall be sufficient if directed to such owner, the agent of the owner, or the contractor
and left at the last known place of his residence or place of business.
16.8 Right of Appeal
If a building permit or certificate of occupancy is denied, the applicant may appeal the
action of the administrative officer to the Havelock Board of Adjustment.
97

ARTICLE 17. LEGAL STATUS PROVISIONS
17.1 Validitv
If any section, sentence, clause, or phrase of this ordinance is for any reason held to be
invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The
Board of Commissioners hereby declares that it would have passed this ordinance, and each
section, clause, and phrase thereof, irrespective of the fact that any one or more sections,
sentences or clauses be declared invalid.
17.2 Effective Date
This ordinance shall be in full force and effective henceforth from
, 1997. This ordinance was duly adopted by the Board of
Commissioners of the City of Havelock on ,1997, with an effective date
of , 1997.

EXHIBIT I
EXA`?LES OF YARD OE=i�YiTiONS
(Least
Depth)
r
SIDE YARD
(Least
r SIDE YARD lyl Width)
(Least i �[j; I
Width)
ni,�l i it I
� ''�� it � •----
[;Il�i�lll�iil �• / [
BUILDING OR
SETBACK LINE
(Least
Depth) i
FROLQT YARDPROPERTY
LINE
— J�j�1lil�li1r11` t'Tt�� LI r
NOTE: ON A CORNER LOT, THE SIDE YARD ADJACENT TO A STREET RIGHT-OF-WAY
SHALL EQUAL THE FRONT YARD SETBACK.
1

EXHIBIT 2
Illustration for Sign Area
u
L
W.,
L
SHADED AREA INDICATES
AREA OF SIGNS
iLY

EXHIBIT 3
u
illustration for Sign Area
17
I
Y

ffiIBIT 4
PARALLEL
300
450
600
000
EXAMPLES OF PARKING
�"--2 +' 24' Curb
� t
10'
{�--ZO' ---I--20'�20'�
t t
t t
18,
`10 ,
\ 1 1
7 `f
I 1` Curb
i n,2
t
�1
kq
E--10' ' Curb
20'
r
Curb
2