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HomeMy WebLinkAboutGrowth Management Ordinance Update-1988-1989GROWTH MANAGEMENT ORDINANCE UPDATE CITY OF NEW BERN GRANT PERIOD JULY 1, 1988 JUNE!-30,. 1989 CONTRACT #C-6050 DCM COPY DO NOT REMOVE DpG"�ff_4, MR Article I. This chapter shall be known and cited,as the City of New Bern's Land Use Ordinance. Section - Authority (a) This Chapter is adopted pursuant to the authority contained in NCGS 160 A. Article 19. (b) Whenever any provisions of this chapter refers to or cites a section of the Code of Ordinances of the City of New Bern or NCGS 16A. Article 19. and that section is later amended or superseded, the chapter shall be deemed amended to refer to the.amended section or the section that most nearly corresponds to the superseded section. Section - Jurisdiction (a) 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 aera described in that ordinance adopted by the board of alderman 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 accordinance with section 160A-360 of the NCGS. (b) In addittion 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 departments and engineering. Section - Effective Date The provisions in this chapter were orginally adopted and became effective on Section - Relationship to Existing Zoning, Subdivision and Flood Control Ordinance. 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 zoning, subdivision, or flood control ordinances, �- they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In Particular, a situation that did not constitute a lawful, nonconforming situation under the previouly adopted zoning ordinance does not achieve lawful nonconforming status under this chapter merely by the repeal of the zoning ordinance. Section - Relationship to Land -Use Plan It is the intention of the Board of Alderman 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 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. Section - No Use or Sale of Land or Building Except in Conformity with Chapter Provisions (a) Subject to Article of this chapter (Nonconforming Situations), no person may be 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. (b) 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. Section - Fees (a) Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to the applicant for zoning permits, sign permits, conditional use permits, special use permits, subdivision plat approval,.zoning amendment, variances and other adminstrative relief. The amount of the fees charged shall be set forth in the city's budget or as established by resolution of the board filed in the office of the city clerk. (b) Fees established in accordance with subsection (a) shall be paid upon submission of a signed application or notice of appeal. Section - Severability It is hereby declared to be the intention of the board that the sections, paragraphs, sentences, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgement or decree, such unconstitutionality or invalidity shall not affect 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. Section - Computation of Time (a) Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is Saturday., Sunday, or a legal holiday, that day shall be excluded. When the --period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded. (b) Unless otherwise specifically provided, whenever a pereson has the right or is required to do some act within a perscribed 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 perscribed period. 7 Section - Miscellaneous (a) As used in this ordinace, words importing the masculine gender include the feminine and neuter. (b) Words used in the singular in this ordinance include the plural and words used in the plural include the singular. c Article II �1 BASIC DEFINITIONS AND INTERPRETATIONS Section Definitions of Basic Terms. Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter. (1) Accessory Use. (See Section (2) Administrator. (See Section (3) Antenna. Equipment designed to transmit or receive electronic signals. (4) Base Flood. The flood having a one percent chance of being equalled or exceeded in any given year. Also known as the 100-year flood. , (5) Boarding House. A residential use consisting of at least one dwelling unit together with more than two rooms that are rented out or are designed or intended to be rented but which rooms, individually_or collectively, do not constitute separate dwelling units. A rooming house or boarding house is distinguished from a tourist home in .that the former is designed to be occupied by longer term residents (at least month -to -month tenants) as opposed to overnight or weekly guests. (6) Building. A structure designed to be used as a place of occupancy, storage or shelter. (6.1) Building, accessory. A minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use. (6.2) Buildings, princibal. The primary building on a lot or a building that houses a principal use. (7) Certify. Whenever this chapter requires that some agency certify the existence of some fact or circumstance to the . the may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the may accept certification by telephone from some agency when the circumstances warrant it, or the . may require that the certification be in the form of a letter or other document. (8) Child Care Home. A home for not more than nine orphaned, abandoned, dependent, abused, or neglected children, together with not more than two adults who supervise such children, - all of whom live together as a single housekeeping unit. (9) Child Care Institution. An institutional facility housing more than nine orphaned, abandoned, dependent, abused, or neglected children. (10) Circulation Area. That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area. (11) Combination Use. A use consisting of a combination on one lot of two or more principal uses separately listed in the Table of Permissible Uses, Section 15-146. (Under some circumstances, a second principal use may be regarded as accessory to the- first, and thus a combination use is not established. See Section _ In addition, when two oll more separately operated enterprises occupy the same lot, and all such enterprises- fall within the same principal use classification, this -shall not constitute a combination use.) (12) Community Center. A publicly -sponsored., non-profit indoor".- facility providing for one or several bf various types oL recreational uses. Facilities it a Community Center may include, but are not limited to gymnasia swimming pools, indoor court areas, meeting/activity rooms, and other similar uses. For the purposes of this section, the term publicly -sponsored means that a significant investment is involved in some fashion in the facility's development or operations. (13) Conditional Use Permit. A permit issued by the board of aldermen that authorizes the recipient to make use of property in accordance with the requirements of this chapter as well as any additional requirements imposed by the board of aldermen.. (14) Day Care Center. A day-care facility as defined in G.S. 110-86(3) as well as a center providing day care on a regular basis for more than two hours per day for more than five senior -citizens. (15) Designated Suffer. An area of land adjacent to lakes or watercourses that pursuant to Section - remains undisturbed in order to reduce the sedimentation and pollution of such lakes or watercourses. a(16) Developer. A person who is responsible for any undertakin!_ that requires a zoning permit, special use permit,' conditional use permit, or sign permit. (17) Development. That which is to be done pursuant to a zoning permit, special use permit, conditional use permit, or sign permit. (18) Dimensional Nonconformity. A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located. (19) Driveway. That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that -is not part of the vehicle accommodation area. (20) Duplex. (See Residence, Duplex) (21) Dwelling Unit. An enclosure containing sleeping, kitchen, and bathroom facilities designed -for and used or held reader for use as a permanent residence by one family. (22) Expenditure. A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding, contractural commitments to make future expenditures, as well as any other substantial changes in position.- (23) Extraterritorial Planning Area. That portion of the planning jurisdiction that lies outside the corporate boundaries. ' (24) Family. One or more persons living together as a single housekeeping unit. (25) Floodvlain. Any land area susceptible to being inundated by water from the base flood. As used in this chapter, the term refers to that area designated as subject to flooding from the base flood (one hundred year flood) on the "Flood Boundary and Floodway•Map" prepared by the U.S. Department of Housing and Urban Development, a .copy of which is on file in the planning department. (26) Floodway. The channel of a river or other watercourse and the adjacent land areas that must be _reseerved in order to discharge the base flood without cumulatively increasing the water surface elevation more than -one foot. As used in this chapter, the term refers-t0 that area designated as a floodway on the "Flood Boundary and Floodway Map" prepared by the U.S., Department of Housing and Urban Development a copy_of—which is on file in the planning department. (27) Floor. The top surface of an enclosed area in a building,_._ J (including basement), i.e., top of slab in concrete slat! construction or top o.f wood flooring in a frame construction. The term does not include the floor of a garage used solely for parking vehicles. (28) Gross Floor Area. The total area of a building measured by taking the outside dimensions of the building .at each floor level intended for occupancy or storage. (29) Halfway House. A home for not more than nine persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness (as defined in G.S. 35-.17(30)), or antisocial or criminal conduct, together with not more than two persons providing supervision and other services to such persons, all of whom live together as a single housekeeping unit. (30) Handicapped, Aged or Infirm Home. A residence within a single dwelling unit for at least.six but not more than nine_ persons who are physically or mentally handicapped, aged or infirm, together with not more than two persons providing care or assistance to such persons, all living together as a single housekeeping unit. : (30.1) Handicapped, Aged or Infirm Institution. A facility that provides residential care for more. than nine aged// disabled or handicapped persons whose principal need is home with the sheltered or personal care their age or disability requires. Medical -care at such a facility is only occasional or incidental,• such as may be required in the home of any individual or family, but the administration of medication is supervised. The residents of such a facility do not occupy separate dwelling units, and this distinguishes such a facility from a multi -family development occupied by the elderly, handicapped or disabled. (31) Hazardous Substance. Any substance which may pose a danger to the public health or safety if contained in the public water supply. This ,includes all substances defined as hazardous chemicals by the community right to know reporting requirements under Sections 311 and 312 of the Superfund Amendments and Reauthorization Act of 1986, and.by the North Caroina Hazaroud Chemicals Right to Know Act (G.S. 95-173 to 95-218). _ (32) High Volume Traffic Generation. All uses in the 2.000 classification other tharr low volume traffic generation uses. _(_33-)—Highest Adjacent Grade. The highest natural elevation 0! �..J the ground surface, prior to construction, next to propose. walls of the structure. (34) Home Occupation. A commercial activity that: (i) is conducted by a person on the same lot (in a residential district) where such person resides, and (ii) is not so insubstantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use but that can be conducted without any significantly adverse impact on the surrounding neighborhood. Without limiting the generality of the foregoing, a use may not be regarded as having an insignificantly adverse impact on the surrounding neighborhood if: (i) goods, stock in trade, or other commodities are displayed, (ii) any on - premises retail sales occur, (iii) more than one person not a resident on the premises is employed in connection with the purported home occupation, (iv) it creates objectionable noise, fumes, odor, dust or electrical interference, or (v) more than twenty-five percent of the total gross floor area of - the resddential buildings plus other buildings housing the purported home occupation, or more than 500 square fee-t of gross floor area (whichever is less), is used for home occupation purposes. The following is a non -exhaustive list of examples of enterprises that may be home occupations if they meet the foregoing definitional criteria: (1) the office or studio of a physician, dentist, artist, `musician, lawyer, architect, teacher, or similar professional, (ii) workshops, greenhouses, or kilns, (iii) dressmaking or hairdressing studios. (35) Independent Automobile Lots or Garages. An area or garage (1) that is used for the temporary parking (not storage) of motor vehicles, (ii) that is located on a lot on which there is no other principal use to which the parking is related, and (iii) where the parking spaces are used by more than one enterprise or by ,the general public or where the lot is leased by one enterprise for a total period (including automatic renewals or renewal options) of not more than four years. (36) Intermediate Care Home. A facility maintained- for the purpose of providing -accommodations for not more than seven occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at -a higher level than that provided in institutions for the handicapped or infirm. (37) Intermediate Care Institution. An institutional- facility maintained for the purpose of providing accommodations for more than seven persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm. C (38) Intermittent Stream. A stream or portion of a stream that` -- flows only in direct response to precipitation. It receives. little or no water from springs and only temporary supply from melting snows or other sources. It is dry for a large. part of the year. (39) Kennel. A commercial operation that: (i) provides food and shelter and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or (ii) engages in the breeding of animals for sale. (40) Lake or Watercourse. Any stream, river, brook, swamp, creek, run, branch, waterway, reservoir, lake, or pond, natural or impounded, in which sediment may be moved or carried in suspension and which could be damaged by accumulation of sediment and pollutants. (41) Loading and Unloading Area. That portion of the vehicle accommodation area used to satisfy the requirements of Section . (42) Lot. A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as.a separat legal entity for purposes of transfer of title. If a public body or any authority with the power of eminent domain condemns, purchases, or otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition, or a private road is created across a parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained or the road so created is such as effectively to prevent use -of this parcel as one lot, then the land on either side of .this strip shall constitute a separate lot. Subject -to Section , the permit -issuing authority and the owner of two or more contiguous lots may agree to regard the lots as. one lot if necessary or convenient -- to comply with any of the requirements of this ordinance. (43) Lot Area. The totalareacircumscribed.by the boundaries of a lot, except that: (i) when the legal instrument creating a lot shows the boundary of the lot extending to the center of a public street right-of-way or into a public street right- of-way, then. the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or a line running. parallel to and thirty feet from the center of the - travelled portion of the street if the right-of-way liM _ cannot be determined, and (ii) in a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes or computing the lot area shall be the inside boundary of the travelled portion of that road. (44) Low Volume Traffic Generation. Uses such as furniture stores, carpet stores, major appliance stores, etc. that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, and that therefore generate less customer traffic per square foot of floor area than stores selling smaller items. (45) Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfurnished or flood resistant enclosure, usable solely for parking vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation -of the applicable. nor_-F-levation design_ requirements of this ordinance. (46) Mobile Home. (47) Mobile Home. Any structure that: (i) consists of a single unit completely assembled at the factory, or of two (double - wide) or three (triple -wide) principal :,components totally assembled at the factory and joined together at the site; (ii) is designed so that the total structure (or in the case of double-wides or triple-wides, each component thereof) can be transported on its own chassis; (iii) is over 40 feet in length and over 8 feet in width; (iv) is designed to be used as a dwelling and provides complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation; (v) is actually being used or held ready for use as a dwelling; (vi) is not constructed in accordance with the standards set forth in the North.Carolina State Building Code. (47.1) Mobile Home; Class.A. A mobile home constructed after July 1, 1976 that meets or exceeds the construction standards. promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time_ of construction and that satisfies the following additional criteria: (a) The pitch of the mobile home's roof has a minimum vertical rise of two feet for each twelve feet of vertical run. (b). The exterior materials are of wood, hardboard, or aluminum comparable in composition, appearance, and durability to site -built houses in the vicinity. (c) A continuous, permanent masonry foundation, unpierced except for required ventilation and access, is installed under the mobile home; and (d) The tongue, axles, --transporting lights, and removable• - towing apparatus are to be removed subsequent to final placement. (47.2) Mobile Home, Class B.. A mobile home constructed after July 1, 197.6 that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction. (47.3) Mobile Home, Class C. All mobile homes other than Class A or Class B mobile homes. (48) Modular Home. A dwelling unit constructed.in accordance with the standards set forth in the North Carolina State Building Code and .composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly, on a permanent foundation. Among other possibilities, a modular home may consist of two sections transported to the site 'in a manner similar to a mobile home (except that- the modular home meets the N.C. State Building Code), or -a series of panels or room sections transported on a truck and erected or joined together on the s-i t e . (49) Nonconforming Lot. A lot existing at the effective date o c- this chapter (and not created for the purposes of evading the restrictions of this chapter) that does not meet the - minimum area requirement of the. district in which the lot is located. (50) Nonconforming Project. Any structure, development, or undertaking that is incomplete at the effective date of this chapter and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned. (51) Nonconforming Situation. A situation that occurs when,. on the effective - date of this chapter, any existing lot or structure or use of an existing lot or structure does not conform to one or more of. the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and set -back requirements) is not in conformity with this chapter, because signs do not meet the requirements of this chapter (Article ), or n because land or buildings are used for purposes madr J unlawful by this chapter. �_> (52) Nonconforming Use. A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property- is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with running a bakery in a residentially zoned area is a nonconforming use.) (53) Nursing Care Home. A facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than nine persons. (54) Nursing Care Institution. An institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that'available in a hospital to more than nine persons. (55) Outside Display of Goods for Salk or Rent. Display outsides of a fully enclosed building of the particular goods or pieces of -merchandise or -,equipment that are themselves for sale. Outside display is to be distinguished from outside storage of goods that are not prepared and displayed for immediate sale or rent. all 56 Overnight Shelter for .Homeless. A shelter ( ) � r operated by a non-profit agency for not more than fifteen persons (in addition to not more than two resident managers) who are referred to such shelter by an established agency within the community. (57) Parking Area Aisles. A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces. (58) Parking Space. A portion of the vehicle accommodation area set aside for the parking of one vehicle. (59) Planned Industrial Development. A development that (i) is constructed on a tract of at least twenty contiguous acres under single-. ownership located within a planned industrial district, (ii) is developed in accordance with a comprehensive and unified scheme of development covering the entire tract, (iii) consists of a single principal use or a combination of principal uses as described in the 2.130 wholesale sales, 4.100 manufacturing, 13.100 police station, or 13.200 fire station classifications, and (iv). is O otherwise developed according to building height, setback and other regulations applicable to the zoning district, except that the performance standards (Article XI, Part I) applicable to 4.100 uses in business zones shall govern uses., in a planned industrial development. r (60) Planned Unit Development. A development constructed on a tract of land at least twenty-five (25) acres under single ownership, planned and developed as an integral unit, and consisting of a combination of principal uses that could not be combined in any district other than.a planned unit development district. (61) Planning Jurisdiction. The area within the town limits as well as the area beyond the- town limits within which the town is authorized to plan for. and regulate development pursuant to the authority granted in Article 19 of Chapter 160A of the N.C. General Statutes and Chapter 122 of the Session Laws of 1963. (62) Public Utility Service Complex. A development consisting of a combinatin, of offices and one or more of the following types of uses, all of which are operated or conducted by a- ll public utility" as that term is defined in Section 62-3 of the N.C. General Statutes: motor vehicle repair (use classification 9.400)•,. parking or storage .(use classification 10.300), and towers and related structures (use classification 18.000). (63) Public Water Supply Svstem. Any water supply system furnishing potable water to ten or more dwelling units or --.'- businesses or any combination thereof. (See G.S. 130-31) (64) Receive -Only Earth Station. An antenna and attendant processing equipment for reception of electronic signals from satellites. (65) Residence, Duplex. (66) Residence, Multi -Family. (67) Residence, Single -Family. (68) Residence, Duplex. A two-family residential use in which the dwelling units share a common wall (including.. without limitation the wall of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance. (69) Residence, Multi -Family. A residential use consisting of a building containing three or more dwelling units. For purposes of this definition, a building includes all Q dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch). (69.1) Residence, Multi -Family Apartments. A multi -family 0; residential use other than a multi -family conversion or multi -family townhome._ (69.2) Residence, Multi -Family Conversion. A multi -family residence containing not more than four dwelling units, that results from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence. (69.3) Residence, Multi -Family Townhomes. A multi -family residential use in which each dwelling unit shares a common wall (including without limitation the wall of an attached garage or porch) with at least one other dwelling unit and in which each dwelling unit has living space on the ground floor and.a separate, ground. floor entrance. (70) Residence, Primary With Accessory Apartment. A residential use having the external appearance of a single-family residence• but in which there is located a second dwelling unit that comprises not more than twenty-five percent of the gross floor area of the building nor more than a total of 750 square feet. (71) Residence, Single -Family Detached, More Than One Dwelling Per Lot. A residential use .consisting of two or more single-family detached dwelling units on a single lot. (71.1) Residence, Single -Family Detached, One Dwelling Unit Per Lot. A residential use consisting of a single detached building containing one dwelling unit and located"on a lot containing no other dwelling units. (72) Residence, Two -Family. A residential use consisting of a building containing two dwelling units. If two dwelling lznits share a common wall, even the wall of an attached garage or porch, the dwelling units shall be considered to be located in one building. (72.1) Residence, Two -Family Apartment._ A two-family residential use other than a duplex, two-family conversion, or primary residence with accessory apartment. (72.2) Residence, Two -Family Conversion. A two-family residence resulting from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed Q__ and occupied as a single-family residence. (73) Road.- All private ways used to provide motor vehicle access v to (i) two or more lots.' or (ii) two or more distinct areas( or buildings in unsubdivided developments. (74) Rooming House. (See Boarding House) (75) Sign. Any device that •(i) is sufficiently visible to persons not located on the lot where such device is located to accomplish either of the objectives set forth in subdivision (ii) of this definition; and (ii) is designed to attract the attention of such persons or to communicate information to them. Without limiting the generality of the foregoing, a device that might otherwise be categorized as a sign that is located at least fifteen feet to the interior side of any exterior wall shall not be regarded -as a sign so long as it is not internally illuminated, illuminated with spotlights, or otherwise illuminated to draw. special attention to it. (75.1) Sian, Fre'estandina. A sign that (i) is not directly - attached to, erected on, or supported by a building or other structure having a principal function other than the support of such sign, •-but (ii) is instead attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of a building or other• structure having a principal function other than the support of a sign. F-:,.- sign that stands without supporting elements, such' as a�:: "sandwich sign", is also a freestanding sign. (75.2) Sign, Nonconforming. A sign that, -on the effective date of this chapter does not conform to one or more of the regulations set forth in this chapter, particularly Article XVII, Signs. (75.3) Sian, Off -Premises. 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. (76) Sign Permit. A permit issued by the land use administrator .that authorizes the recipient to erect, move, enlarge, or substantially alter a sign. (77) Snecial Events. Circuses, fairs, carnivals, festivals, or other types of special events that (i) run for longer than one day but not longer that two weeks, (ii) are intended to or likely to attract substantial crowds, and (iii) are unlike the customary or usual activities generally associated with the the property where the special event is to be located. (78) Snecial Use Permit. A permit issued by the board of adjustment that authorizes the recipient to make use of property in accordance with the requirements of this chapter as well as any additional -requirements imposed by the board of adjustment. (79) Stream. A body of water flowing in a natural surface channel. Flow may be continuous or only during wet periods. (80) Street. A public street or a street with respect to which an offer of dedication has been made. (80.1) Street, Arterial. A major street in the , street system that serves as an avenue for the circulation of traffic onto, out, or around the and r-prries high volumes of traffic. ' (80.2) Street, Collector. A street whose principal function is_ to carry traffic between minor, local, and subcollector streets and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than 'one hundred dwelling units and is designed to be used or is used to carry more than eight hundred trips per day. (60.3) Street, Cul-de-sac. A street that terminates in a vehicular turn -around. (80.4) Street, Local. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least ten _but not more than twenty-five dwelling units and is expected to or does handle between seventy-five and two hundred trips per day. (80.5) Street, Marginal Access. A street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic"on .the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties. (80.6) Street, Minor. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than nine dwelling units and is expected to or does handle up to seventy-five trips per day. (80.7) Street, Subcollector. A street whose principal function O is to provide access to abutting properties but is also designed to be used or is used to connect minor and local streets with collector or arterial streets. Including s residences indirectly served through connecting streets, it serves or is designed to serve at least twenty-six bu;r not more than one hundred dwelling units and is expected' to or does handle between two hundred and eight hundred trips per day. ( 81 ) Structure. Anything constructed or erected. (82) Subdivision. The division of a tract of land into two -or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and including all divisions of land involving the dedication of a new street'or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations of this chapter applicable strictly to subdivisions: (i) the combination or recombination of portions of previously plotted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the minimum standards set forth in this chapter, (ii) the division of land into parce]_s greater than ten acres where no street- right-of-way dedication is involved; or (iii) the public acquisition by purchase of strips of land for widening or opening streets; or (iv) the division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are- equal to or-excee the minimum standards set forth in this'chapter., (82.1) Subdivision, Architecturally Integrated Nonresidential. (82.2) Subdivision, Architecturally Integrated Residential. (82.3) Subdivision, Architecturally Integrated. A subdivision in which approval is obtained not only for the division of land into lots but also for a configuration of principal buildings to be located on such lots. The plans for an architecturally integrated subdivision shall show the dimensions, heights,.and location of all such buildings to the extent necessary to comply with the purpose and intent of architecturally integrated subdivisions as set' forth. in Section 15-187. (82.4) Subdivision, Major. subdivision. Any subdivision other than a minor f or (iv) the installation of drainage improvements through one or more lots to serve one or more other lots. (83) Temporary Home for Homeless. A home owned or operated by a non-profit agency for not more than fifteen persons who satisfy the following criteria and who are in need of temporary housing, together with not more than two resident manaaers. (iii) be in need of temporary shelter because of some temporary emergency or exigency (e.g., pregnant teenagers, battered wives, newly unemployed persons evicted from their homes) and not because of transiency, de -institutionalization, chronic unemployment, alcoholism,, or dreg abuse. " (84) Temporary Sian. 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 not more than ``✓� fifteen days. If a sign display area is permanent but the message displayed is subject to periodic change, that sign shall be regarded as temporary. (85) Tower. Any structure whose principal function is to support an attenna. (85) Tract. A lot (see definition 37). The term -is used inter- changeably with the term lot, particularly in the context of subdivisions, where one "tract" is subdivided into several "lots". (87) Travel Trailer. A structure -that is (i) intended to be transported.over the streets and highways (either as a -motor vehicle or attached to or hauled by a motor vehicle), and (ii) is designed for temporary use as sleeping quaxters, but that does not satisfy one or more of the definitional criteria of a mobile home. (89) Use. The activity or function that actually rakes place or is intended to take place on a lot. O(90) Use-, Princi al. A use listed in the table of permissible uses. (91) Utility Facilities. Any above -ground structures or( .. facilities (other than buildings, unless -such buildings are-• used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, corporation, or any entity defined as a public utility for any purpose by Section 52.3 of the North Carolina General Statutes and used in connection with the production,— generation, transmission, delivery, -collection, or storage of .water, sewage, electricity,' gas, oil,or electronic signals::-_ Excepted from this definition are utility lines and supporting structures listed in - subsection 15-151(2). - (91.1) Utility Facilities, Neighborhood. Utility facilities that are designers to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question-; be located in or - near the neighborhood where such facilites are proposed to be located:. Utility Facilities, Community or Reaional All utility facilities other than n-eighborhood facilities.. (92) Variance. A grant of permission by the board of adjustment that authorizes the recipient to do that which, according to �.: the strict letter of this chapter, he could not- otherwise legally do. (93) Vehicle Accommodation Area. That portion of a lot that is ,1-sed by vehicles for access, circulation, parking and loading and unloading. It comprises -the -total ----of circulation areas, loading and unloading areas, - and parking areas. (94) Vehicle Storage Area. That portion of a vehicle - accommodation area used in connection with a 9.200 or 9.400 classification use as a place to park vehicles temporarily while they are waiting to be worked on or pending the -pick- up of such vehicles by their owners -.-,,- Olt (97) Wholesale Sales. On -premises sales of goods primarily to customers engaged in the business of reselling the goods. (98) Wooded Area. An area of contiguous wooded vegetation where trees are at a density of at least one six-inch or greater caliper tree per 325 square feet of land where the branches and leaves form a contiguous canopy. (99) Zoning Permit. A permit issued by the land use administrator that authorizes the recipient to make use of property in accordance with the requirements of this chapter. Section 15-16 Lots Divided by District -Lines. (a) Whenever a single lot two acres or less in size is - located within two or more different zoning districts, the district regulations applicable to the district within which the larger portion of the lot lies shall apply to the entire lot. (b) Whenever a single lot greater than two acres in size i"­ located within two or more zoning districts, then: (1) If each portion of the lot located within a separate district is equal to or greater than the minimum lot size for that district, then each portion of the lot shall be 'subject to all the regulations applicable to the district in which it is located. (2) If any portion of the lot located within a separate district is smaller than the minimum lot size for that district, then such smaller portion shall be regarded as if it were in thee same zoning district as the nearest larger portion to which it is attached. (c) This section applies only to lots created on or before the effective date - of this chapter unless the board of adjustment, -in a proceeding under Section to determine district boundaries, concludes that a lot established after the effective date -.of this section was not created to bring additional lot area within a more intensive zoning district, or otherwise to take unfair or unwarranted advantage of the provisions of this section. Section 15-17 through 15-20 Reserved. 01 Article ADMINISTRATIVE MECHANISMS U Part I. Planning -Board Section - Appointment and Terms of Plannina Board Members. (a) There shall be a planning board consisting of 15 members. Nine members, appointed by the board of aldermen, shall reside within the City six members, appointed by the Graven County Board of Conuti-ssioners shall reside within the town's extraterritorial planhing area. If the Graven County Board fails to make these appointments within -ninety days after receiving a resolution from the board of aldermen requesting that they be made, the Board may make them. Members may be removed by the appointing authority at any time for failure to attend three consecutive meetings without excuse or for failure to attend thirty percent or more of the meetings within any twelve-month period or, after a hearing, for other good cause related to performance of duties. (b) Planning board members shall be appointed,for five year staggered terms, but members may continue to serve until their successors have been appointed. Initially, one City resident and one extraterritorial area resident shall be appointed for five year terms, two City residents shall be appointed for four year terms, one City resident and one extraterritorial area resident shall be appointed for three year terms, two City residents shall be appointed for.two year terms, and one Citv resident and one extra- territorial area resident shall be appointed for one year terms. Vacancies shall be filled for the unexpired terms only. (c) Members may be appointed to successive terms without limitation. (d) All members may participate in and vote on -all issues before the board, regardless of whether the issue affects property within the town or within the extraterritorial planning area. Section Meetings of the Planning Board. (a) The planning board shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with section . (Applications to be Processed Expeditiously). (b) Since the board has only advisory authority, it need not conduct its meetings strictly in accordance with the quasi-judicial procedures set forth in Articles.', and However, it shall conduct its meetings so as to obtain necessary information and to promote the full and free exchange of ideas. r (c) Minutes shall be kept of all board procedures and the vote of every member on each issue shall be recorded. (d) All board meetings shall be open to the public, and whenever feasible the agenda for each board meeting shall be made available in advance of the meeting. '(e) Whenever the board is called upon to make recommendations concerning aconr tional use permit request, special use permit request, or a minor zoning amendment proposal, staff shall post on or near the subject property one or more notices that are ufficiently conspicuous in terms of size, location, and content to provide reasonably adequate notice to potentially interested persons. of the matter that will appear on the board's agenda at a specified date and time. Such noticejs) shall be posted at least seven days prior to the meeting at which the matter is to be considered. —0 Section Quorum and Voting. (a) A quorum for the planning board shall consist of :8 members if there are no vacant seats, . members if there are . or vacant seats, and - members if there are more than vacant seats. A quorum is necessary for the board to take official action. (b) All actions of the planning board shall be taken by majority vote, a quorum being present. (c) A roll call vote shall be taken upon the.request of any member. Section Powers and Duties of Plannino Board. -� (a) The planning board may: (1) Make studies and recommend to the board of aldermen plans, goals and objectives relating to the growth, development and redevelop- ment of the and. the surrounding extraterritorial planning area. (2) Develop and recommend to the board of aldermen policies, ordinances, administrative procedures and other means for carrying out plans in a coordinated and efficient manner. (3) Make recommendations to the board of aldermen concerning proposed conditional use permits and proposed zoning map changes. (4), Perform any other duties assigned by the board of aldermen. (b) The planning board may adopt rules and regulations governing its pro- cedures and operations not inconsistent with the provisions of this chanter. Section Advisory Committees. (a) From time to time, the board of aldermen may appoint one or more individuals to assist the planning board to carry out its planning responsibilities with respect to a particular subject area. By way of illustration, without limitation, the board of aldermen may appoint advisory committees to consider the thoroughfare plan, bikeway plans, housing plans, economic development plans, etc. (b) Members of such advisory committees shall sit as nonvoting members of the planning board when such issues are being considered and shall lend their talents, energies, and expertise to the planning board. However, all formal recommendations to the board of aldermen shall be made by the planning board. (c) Nothing in this section shall prevent the board of aldermen from establishing independent advisory groups, committees, or commissions to make recommendations on any issue directly to the board of aldermen. Section tirouah Reserved. Part II. Board of Adjustment Section Appointment and Terms of Board of Adjustment. (a) There shall be a board of adjustment consisting of members. members, appointed by the board of aldermen, shall reside within the town. Two members, appointed by the = County Board of Commissioners, shall reside within the extraterritorial planning area. If the ' County Board of Commissioners fails to make these appointments within ninety days after receiving a resolution from the board of aldermen requesting that they be made, the board of aldermen may make them. Members may be removed by the appointing authority at any time for failure to attend three consecutive meetings without excuse or for failure to attend thirty -percent or more of the meetings within any twelve month period or,.after a hearing, for other 000d cause related.to performance of duties. (b) Board of adjustment members shall be appointed for three-year staggered terms, but members may continue to serve until their successors have been appointed. _ Initially, two * residents and extraterritorial area resident shall be :. appointed for one-year terms, two ' residents and one out-of-town resident ' shall be appointed for two-year terms, and three in -town residents shall be appointed for three-year terms. Vacancies may be filled for the unexpired terms only. (c) Members may be reappointed to successive terms without limitation. (d) All members may participate in and vote on all issues before the board, regardless of whether the property. involved is located within the or within the extraterritorial planning area. Section Meetings of the Board of Adjustment. (a) The board of adjustment shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with Section 15-66 (Applications to be Processed Expeditiously). (b) The- board shall conduct its meetings in accordance with the quasi- judicial procedures set forth in Articles and (c) All meetings of the board shall be open to the public, and whenever feasible the agenda for each board meeting shall be made available in advance of the meeting. Section Quorum. (a) A quorum for the board of adjustment shall consist of six members. A quorum is necessary for the board to take official action. (b) A member who. has withdrawn from the meeting without being excused as provided in section ; shall be counted as present for purposes of determining whether a quorum is present. Section Votino. (a) The concurring vote of four -fifths of the members of the board shall be necessary to reverse any order, requirement; decision, or determination of the administrator or to grant any variance. All other actions of the board, including decisions relating to special use perm its, shall be taken by majority vote, a• quorum being present. (b) Once a member is physically present at a board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with subsection (c) or has been allowed to with- draw from the meeting in accordance with subsection (d). (c) A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances: (1) If the member has a direct financial interest in the outcome of the matter at issue; or (2) If the matter at issue involves the member's own official conduct; or ,. (3) If participation in the matter might violate the letter or spirit of a member's code of professional responsibility; or (4) If a member has such close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest. (d) A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that -meeting. (e) A motion to allow a member to be excused from voting or excused from the remainder of the meetina is in order only if.made by or at the initiative of the member directly affected. (f) A roll call vote shall be taken upon the request of any member. Section Board of Adjustment Officers. (a) The board of adjustment shall elect one of its members to serve as chairman and preside over the board's meetings and one member to serve as vice- chairman. The persons so elected shall serve a term of -one year or until their terms expire, whichever comes first. The chairman may not succeed himself or herself. (b) The chairman or any member temporarily acting as chairman may administer oaths to witnesses coming before the board. (c) The chairman and vice-chairman may take part in all deliberations and vote on all issues. Section Powers and Duties of Board of Adjustment. (a) The board of adjustment shall hear and decide: (1) Appeals. from any order, decision, requirement, or interpretation made by the adrinistrator, as provided in Section 15-91. ( 2 ) Applications for special use permits , as provi ded- i n Suusecti on--_____- .-_ _. (3) Applications for variances, as provided in �J (4) Questions involving interpretations of the zoning map, including disputed district boundary lines and lot lines, as provided in (5) Any other matter the board is required to act upon by any other city ordinance. (b) The board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this chapter. PART III. LAND -USE ADMINISTRATOR AND PLANNING DIRECTOR Section Land -Use Administrator ------- -------- ------------- - Except as otherwise specifically provided, primary responsibility for administering and enforcing this chapter may be assigned by the city manager to one or more individuals. The person or persons to whom these functions are assigned shall be referred to in this chapter as the "land -use administrator" or "administrator". The term "staff" or planning staff is sometimes used interchangeable with the term "administrator". Section Planning Director The planning director is the administrative head of the planning department. As provided in Sections 7e and 79, the planning director is authorized to approve major and minor subdivision final plats. Section Reserved Part IV. City Council 0 Section 40_ The City Council (a) The city council, in considering conditional -use permit application, acts in a quasi-judicial capacity and, accordingly, is required to observe the procedural requirements set forth in Article IV and VI of this chapter. (b) In considering proposed changes in the text of this chapter or in the zoning map, the council acts in its legislative capacity and must proceed in accordance with the requirements of Article XX. (c) Unless otherwise specifically provided in this chapter, in acting upon conditional -use permit requests or in considering amendments to this chapter or the zoning map, the council shall follow the regular, voting, and other requirements as set forth in other provisions of the city code, the city charter, or general law. 0 ON PERMITS AND FINAL PLAT APPROVAL Part I. Permit Requirements Section ----- Permits Required. �gQ�p (a) Subject to Section (Sign Permits), the use made of property may not be substantially changed (see Section ), substantial clearing, grading or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to one of the following permits: (1) A zoning permit issued.by the administrator; (2) A special use permit issued by the board of adjustment; (3) A conditional use permit issued by the board of aldermen. (b) Zoning permits, special use permits, conditional use permits, and sign permits are issued under this chapter in respect to plans submitted by the applicant that demonstrate compliance with the ordinance provisions contained herein. Such plans as are finally approved are incorporated into any permit issued in reliance thereon, and except as otherwise provided in Section :, all development shall occur strictly in accordance with such approved plans. (c) Physical improvements to land to be subdivided may not be commenced except in accordance with a conditional use permit issued by the board of aldermen for major:=_ubdivisions or after final plat approval by the planning director for minor subdivisions (see Part II of this article). (d) A zoning permit; conditional use permit, special use permit, or sign permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawful imposed by the permit - issuing authority. All such permits issued with respect to tracts of land in excess of one acre (except sign permits and zoning permits for single-family residential uses and duplexes) shall be recorded in the Craven County Registry after execution by the record owner as provided in Section L4 ion No Occu anc use or sale �F Lots Until Re uirements --- ----- ------e---�= ---_----------- -- --- - ---- ----- - illeb_ Issuance of a conditional use, special use, or zoning permit ors the recipient to commence the activity resulting in a ge n use of the land or, (subject to obtaining a building it). to commence work designed to construct, erect, move, or tantially alter buildings or other substantial structures or to necessary improvements to a subdivision. However, except as ided in Sections the intended use may not commenced, no building may be occupied, and in the case of ivisions, no lots may be sold until. all of the requirements of chapter and all additional requirements imposed pursuant to the ance of a conditional use or special use permit have been complied ion Who May Submit Permit Apelications_ (a) Applications for zoning, special use, conditional use, or permits or minor subdivision plat approval will be accepted only persons having the legal authority to take action in accordance the permit or the minor subdivision plat approval. By way of stration, in general this means that applications should be made he owners or lessees of property, or their agents, oti- persons who contracted to purchase property contingent.upon their ability to ire the necessary permits under this chapter, or the agents of persons (who may make application in the name of such owners, ees, or contract vendees). ( The administrator may require an applicant to submit evidence hid authority to submit the application in accordance: with ec� on (a) whenever there appears to be a reasonable basis for .tioning this authority. on ----- !pna ications To Be Comelete_ (a) All applications for zoning, special use, conditional use, or permit must be complete before the permit issuing authority is ired to consider the application. (b) Subject to subsection (c), an application is complete when it ains all of the information that is necessary for the permit ing authority to decide whether or not the development, if leted as proposed, will comply with all of the requirements of chapter. (c) In this chapter, detailed or technical design requirements construction specifications relating to various types of ovements (streets, sidewalks, etc.) are set forth in one or more the appendices to this chapter. It is not necessary that the ication contain the type of #detailed construction drawings that d be necessary to determine compliance with these appendices, so as the plans provide sufficient information to allow the permit ing authority to evaluate the application in the light of the tantive requirements set forth in this text of this chapter. 0 U a ail no led Ithe in her of the iach i imay ted :ons the the iset "I `her the ;hat of Dine its (for Lill :red �o id the the :ded mi t i jor for (1" ,ed i to the of K The administrator =hall meet with the developer as soon as conveniently possible to review the sketch plan. (c) Before submitting an application for any other permit, developers are strongly encouraged to consult with the planning staff concerning the application of this chapter to the proposed development. Section Staff Consultation After Aeelication Submitted -- --- -- - --- ----- ----- - ------ (a) Upon receipt of a formal application for a zoning, special - use, or conditional -use permit, o'r minor plat approval, the administrator shall review the application and confer with the applicant to ensure that he understands the planning staff's interpretation of the applicable requirements of this chapter, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposes to do. (b) If the application is for a special -use or conditional -use permit, the administrator shall place the application on the agenda of the appropriate board when the applicant indicates that the application is as complete as he intends to make it. Sections 56 and 57, if the administrator believes that the application is incomplete, he shall recommend to the appropriate board that the application be denied on that basis. Section Zoning Permits (a) A complete application form for a zoning permit shall be submitted to the administrator by filing a copy of the application with the administrator in the planning department. (b) The administrator shall issue the zoning permit unless he finds, after reviewing the application and consulting with the applicant as provided in Section , that: (1) The requested permit is not within his jurisdiction according to the Table of Permissible Uses, or (2) The application is incomplete, or (3) If completed as proposed in the application, the development will not comply with one or more requirements of this chapter, (not including those requirements concerning which a variance has been granted or those the applicant is not required to comply with under the circumstances specified in Article VII, Nonconforming Situations). (c) If the administrator determines that the development for which a zoning permit is requested will have or may have substantial impact on surrounding properties, he shall, at least 10 days before taking final action on the permit request, send a written notice to those persons who have listed for taxation real property any portion of which is within 150 feet of the lot that is the subject of the application, informing them that: tl) An application has been filed for a permit authorizing identified property to be used in a special way, (2) All persons wishing to comment on the application should contact the administrator by a certain date, and (3) Persons wishing to be informed of the outcome of the application should send a written request for such notification to the administrator. Section Authorizing - -- Use or cupancy BOcefore Comoletion of -- --- --- - - -- - - - --- --- -- Development Under Zoning Permit In cases when, because of weather conditions or other factors beyond the control of the zoning -permit recipient (exclusive of financial hardship) it would be unreasonable to require the zoning - permit recipient to comply with all of the requirements of this chapter prior to commencing the intended use of the property or occupying any buildings, the administrator may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this chapter are concerned) if the permit recipient provides. a performance bond or other security satisfactory to the administrator to ensure that all of the requirements of this chapter will be fulfilled within a reasonable. period (not to exceed 12 months) determined by the administrator. Section Op ecial=Use Permits and Conditional-UsePermits ------- (a) An application for a special -use permit shall be submitted to the board of adjustment by filing a copy of the application with Othe administrator in the planning department. (b) An application for a conditional -use permit shall be submitted to the council by filing a copy of the application with the administrator in the planning department. (c) Subject to Subsection (d), the board of adjustment or the council, respectively, shall issue the requested permit unless it concludes, based upon the information submitted at the hearing, that: (1) The requested permit is not within its jurisdiction according to the Table of Permissible Uses, or (2) The application is incomplete, or (3) If completed as proposed in the application, the development will not comply with one or more requirements of this chapter (not including those the applicant is not required to comply with under the circumstances specified in Article VII, Nonconforming Situations), or (d) Even if the permit -issuing board finds that the application, complies with all other provisions of this chapter, it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not: (1) Will materially endanger the public health or safety, or (2) Will substantially injure the value of adjoining or abutting property, or (3) Will not be in harmony with the area in which it is to �J be located, or (4) Will not be in general conformity with the land -use plan, thoroughfare plan, or other plan official adopted by the council. Section Burden of Presenting Evidence; Burden of Persuasion --- -- ------ ---------- - -- ------ -- -- - --- (a) The burden of presenting a complete application (as described in Section ) to the permit -issuing board shall be upon the applicant. However, unless the board informs the applicant at the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application (either at that meeting or at a continuation hearing), the application shall be presumed to be complete. (b) Once a completed application has been submitted, the burden of presenting evidence to the permit -issuing board sufficient to lead it to conclude that the application should be' denied for any reasons stated in Subdivisions shall be upon the party or parties urging this position, unless the information presented by the applicant in his application and -at the public hearing is sufficient to justify a reasonable conclusion that a reason exists to so deny the application. O (c) The burden of persuasion on the issue ',,'of whether the development, if completed as proposed, will comply with the requirements of this chapter remains at all times on the applicant. The burden of persuasion on the issue of whether the application should be turned down for any of the reasons set forth in Subsection rests on the party or parties urging that the requested permit should be denied. Section Recommendations on Seecial_Use Permit Applications - ---------------- -- - ------ - (a) When presented to the board of adjustment at the hearing, the application for special -use permit shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with Section - (Application To Be Complete) and the other requirements of this chapter, as well as any staff recommendations for additional requirements to be imposed by the board of adjustment. (b) if the staff proposes a finding or conclusion that the application fails to comply with Section or any other requirement of this chapter, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions. K (c) The board of adjustment may, by general rule applicable to all cases or any class of cases, or on a case -by -case basis, refer applications to the planning board to obtain its recommendations. O Section Recommendations on Conditional -Use Permit Applications - - - - - --- --- --- ------ - ---- (a) Before being presented to the council, an application for a conditional -use permit shall be referred to the planning board for action in accordance with this section. The council may not hold a public hearing on a conditional -use permit application until the planning board has had an opportunity to consider the application pursuant to standard agenda procedures. In addition, at the request of the planning board, the council may continue the public hearing to allow the planning board more time to consider or reconsider- the application. (b) When presented to the planning board, the application shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with Section and other requirements of this chapter, as well as any staff recommendations for additional requirements to be imposed by the council. If the planning staff report proposes a finding or conclusion that the application fails to comply.with Section or any other requirement of this chapter, it shall identif,,- 1.ne requirement in question and specifically state supporting reasons !or the proposed findings or conclusions. (c) The planning board shall consider the application and the attached staff report in a timely fashion, and may, in its discretion, hear- from the applicant or members of the public. (Notice to the Oadjoining property owners is provided for in Section ) (d) After reviewing the application, the planning board shall report to the council whether it concurs in whole or in part with the staff's proposed findings and conditions, and to the extent there are differences the planning board shall propose its own recommendations and the reasons therefor. (e) In response to the planning board's recommendations, the applicant may modify his application prior to council, and the planning staff may likewise revise its recommendations. Section Council Action on Condit-ional-Use Permits -------------- ------ ----------------------- In considering whether to approve an application for a conditional -use permit, the council shall proceed according to the following format: (1) The council shall consider whether the application is complete. If no member moves that the application be found incomplete (specifying either the particular type of information lacking or the particular requirement with respect to which the application is incomplete) then this shall be taken as an affirmative finding by the council that.the application is complete. (2) The council shall consider whether the application complies with all of the applicable requirements of this chapter-. If a motion to this effect passes, the council need not make further findings concerning such requirements. If such a motion -fails or is not made O then a motion shall be made that the application be found not in compliance with one or more of the requirements of this chapter. Such a motion shall specify the particular requirements the application fails to meet. Separate votes may be taken with respect to each requirement not met by the application. It shall be conclusively presumed that the application complies with all requirements not found by the council to be unsatisfied through this process. (3) If the council concludes that the application fails to comply with one or more requirements of this chapter, the application shall be denied. If the council concludes that all such requirements are met it shall issue the permit unless it adopts a motion to deny the application for one or more of the reasons set forth in Subsection 54(d). Such a motion shall propose specific findings, based upon the evidence submitted, justify such a conclusion. Section Board of Adjustment Action on Seecial_Use Permits - --- --- --------- - ---- -- -------- In considering whether to approve an application for a special -use permit, the board of adjustment shall proceed in the same manner as ` the council when considering conditional -use permit applications (Section ), except that the format of the board of adjustment's proceedings will differ as a result of the four -fifths voting requirement set forth in Subsection (1) The board shall consider whether the application is O complete. If the board concludes that the application is incomplete and the applicant refuses to provide the necessary information, the application shall be denied. A motion to this effect shall specify either the particular type of information lacking or the particular requirement with respect to which the application is incomplete. A motion to this effect, concurred in by two members of the board, shall_ constitute the board's finding on this issue. If a motion to this effect is not made and concurred in by at least two members, this shall be taken as an affirmative finding by the board that the application is complete. (2) The board shall consider whether the application complies with all of the applicable requirements of this chapter. If a motion to this effect passes by the necessary four -fifths vote, the board need not make further findings concerning such requirements. If such a motion fails to receive the necessary four -fifths vote or is not made, then a motion shall be made that the application be found not in compliance with one or more requirements of this chapter. Such a motion shall specify the particular requirements the application fails to meet. A separate vote may be taken with respect to each.requirement not met by the application, and the vote of the number of members equal to more than one -fifth of the board membership (excluding vacant seats) K K 0 in favor of such a motion shall be.sufficient to constitute such motion a finding of the board. It shall be conclusively presumed that the application complies with all requirements not found by the board to be unsatisfied through this process. As provided in Subsection if the board concludes that the application fails to meet one or more of the requirements of this chapter, the application shall be denied. (3) If the board concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one or more of the reasons set forth in Subsection Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion. Since sucha motion is not in favor of the appl-icant, it is carried by a simple majority vote. Section Additional Requirements on Special -Use and Conditional_Use- - --- - -- ---- - --- ------------ - - Permits (a) Subject to Subsection (b), in granting a special- or conditional -use permit, the board of adjustment or city council, respectively, may attach to the permit such reasonable requirements in addition to those specified in this chapter as will ensure that the ` development in its proposed location: (1) Will not endanger the public health or safety, (2) Will injure the value of adjoining or abutting property, (3) Will be in harmony with the area in which it is located, and (4) Will be in conformity with the land -use plan, thoroughfare plan, or other plan officially adopted by the council. (b) The permit -issuing board may not attach additional conditions that modify or alter the specific requirements set forth in this ordinance unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements. (c) Without limiting the foregoing, the board may attach to a permit a condition limiting the permit to a specified duration. (d) All additional conditions or requirements shall be entered on the permit. (e) All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this chapter. (f) A vote may be taken on application conditions or requirements before consideration of whether the permit should be denied for any of the reasons set forth in Subsection Section Authorizinc Use, Occupancy, or Sale Before Comeletinq_ of -------------- --- ---- -- ---- ------ --- - -- Development Under Special_Use or Condi-tional_Use Permits ------ ----- - ------------ --- ------ (a) In cases when, because of weather conditions or other factors beyond the control of the special -use or conditional -use permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all of the requirements of this chapter before commencing the intended use of the property or occupying any buildings or selling lots in a subdivision, the permit -issuing board may authorize the commencement of the intended use or the occupancy of buildings or the sale of subdivision lots (insofar as the requirements of this chapter are concerned) if the permit recipient provides a performance bond or other security satisfactory to the board to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months). (c) With respect to subdivisions in which the developer is selling only undeveloped lots, the council may authorize final plat approval and the sale of lots before all the requirements of this chapter are fulfilled if the subdivider provided performance bond or other security satisfactory to the council to ensure that all of these requirements will be fulfilled within not more than 12 months after final plat approval. ' Section ComQleting Developments in Phases (a) If a development is constructed in phases or stages in accordance with this section, then, subject to Subsection (c), the provisions of Section (No Occupancy, Use, or Sale of Lots Until Q Requirements Fulfilled) and Section . (exceptions to Section ) shall apply to each phase as if it were the entire development. (b) As a prerequisite to taking advantage of the provisions of Subsection (a), the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this chapter that will be satisfied with respect to each phase or stage. (c) If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit -issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit, provided that: (1) If the improvement is one required by this chapter then the developer may utilize provisions or Subsections 61(a) or (2) If the improvement is an amenity not required by this chapter or is provided in response to a condition imposed by the board, then the developer may utilize the provisions of Subsection (a) Zoning, special -use, conditional -use, an sign permits shall expire automatically if, within one year after the issuance of such permits: (1) The use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use, or (2) Less than 10 percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been. completed on the site. With respect to phased development (see Section ) this requirement phall apply only to the first phase. Section Expiration of Permits (a) Zoning, special -use, conditional -use; and sign permits shall ` expire automatically if, within one year after the issuance of such permits: (1) The use authorized by such permits has not commenced, in circumstances where'no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such 0 use, or . (2) Less than 10 percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development (see Section ), this requirement shall apply only to the first phase. (b) If, after some'physical alteration to land or structures begins to take place, such work is discontinued for a period of one year, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of Section (c) The permit -issuing authority may extend for a period up to six months the date when a permit would otherwise expire pursuant to Subsections (a) or (b) if it concludes that (i) the permit has not yet expired, (ii) the permit recipient has proceeded with due diligence and in good faith, and (iii) conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to six months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit. M (d) For purposes of this section, the permit within the ,jurisdiction of the council or the board of adjustment is issued when such board votes to approve the application and issue the permit. A permit within the jurisdiction of the zoning administrator is issued when the earlier of the following takes place: (1) A copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is hand delivered or mailed to the permit applicant; or (2) The zoning administrator notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property/ owner so it can be recorded if required under [statutory citation]. (e) Notwithstanding any of the provisions of Article VIII (Nonconforming Situations), this section shall be applicable to permits issued prior to the date this section becomes effective. Section Effect of Permit on Successors and Assigns (a) Zoning special -use, conditional -use, and sign permits authorize the permittee to make use of land and structures in a particular way. Such permits are transferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then: (1) No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit, and (2) The terms and requirements of the permit apply to and restrict the use of .land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice (as provided in Subsection (b) of the existence of the permit at the time they acquired their interest. (b) Whenever a zoning, special -use, or conditional -use permit is issued to authorize development (other than single-family or two- family residences) on a tract of land in excess of one acre, nothing authorized +by the permit may be done until the record owner of the O property signs a written acknowledgment that the permit has been issued so that the permit may be recorded in the Craven County Registry and indexed under the record owner's name as grantor. Section Amendments to and Modifications of Permits ------- ---------- -- ---------------- -- ------- (a) Insignificant deviations from the permit (including approved plans) issued by the city council, the board of adjustment, or the administrator are permissible and the administrator may authorize such insignificant deviations. A deviation is insignificant if it has no discrenible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. (b) Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the permit - issuing authority. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed ` development. (c) All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the council or board of adjustment, new conditions may be imposed in accordance. with Section , but the applicant retains. O the right to reject such additional conditions by Withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit. (d) The administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in Subsections (a), (b) and (c). (e) A developer requesting approval of changes shall submit a written request for such approval to the administrator, and that request shall identify the changes. Approval of all changes must be given in writing. Section Reconsideration of Board Action ------- --------------- -- ----- ------ (a) Whenever (i) the city council disapproves a conditional -use permit application, or (ii) the board of adjustment disapproves an application for a special -use permit or a variance, on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective board at a later time unless the applicant clearly demonstrates that: (1) Circumstances affecting the property that is the subject of the application have substantially changed, or LO] (2) New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the administrator within the time period for an appeal to O superior court (see Section >. However, such a request does not extend the period within which an appeal must be taken. (b) Notwithstanding Subsection (a), the council or board of adjustment may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the previously considered. Section Applications to be Processed Expeditiously ------- - -- ----------- ----------- Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the city shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this chapter. Section Maintenance oT Common Areas Improv_�ments1 and Facilities ` - - -- ----- -- -- -- ------ ----- -- -- - - The recipient of any zoning, special -use, conditional -use, or sign permit, or his successor, shall be responsible for maintaining all common areas improvements, or facilities required by this chapter or any permit issued in accordance with its provisions, except in those areas, improvements, or facilities with respect to which an O offer o dedication to the public has been accepted by -the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed. M Part Z. Major and Minor Subdivisions Section u Regulation cf Sbdivisions. - ----- -- -- ------------- Major subdivisions are subject -to a two step approval process. Physical improvements to the land to be subdivided are authorized by a conditional use permit as provided in Part I of this chapter, and sale of lots is permitted after final plat approval as provided in Section Major Subdivision Approval Process. Minor ------------ -------- subdivisions only require a one step approval process final plat approval (in accordance with Section Minor Subdivision Approval). Section No Subdivision Without Plat Approval. --- -- -------------------- ---- - (a) As provided in G.S. 160A-375, no person may subdivide his land except in accordance with all of the provisions of this chapter. In particular, no person may subdivide his land unless and until a final plat of the subdivision has been approved in accordance with the provisions of Section Minor) or Section ( Major) and recorded in the Craven County Registry. (b) As provided in G.S. 160A-373, the Craven County Registry of Deeds shall not record a plat of any subdivision within the city's planning jurisdiction unless the plat has been approved in accordance with the provisions of this chapter. Section Minor Subdivision Approval. ----- --- ------------ - n (a) The planning director shall approve or disapprove minor `f subdivision final plats in accordance with the provisions of this section. (b) The applicant for minor subdivision plat approval, before complying with subsection (c), shall submit a sketch plan to the planning director for a determination of whether the approval process authorized by this section can be and should be utilized. The planning director may require the applicant to submit whatever information is necessary to make this determination, including, but not limited to, a copy of the tax map showing the land being subdivided and all lots previously subdivided from that tract of land within the previous five years. (a) Applicants for minor subdivision approval. shall submit to the planning director a copy of a plat conforming to the requirements set forth in subsections Major Subdivision Approval Process (b) and (c) - - ---- ------ - ------ (as well as two prints of such plat), except that a minor subdivision plat shall contain the following certificates in lieu of those required in Section on Endorsements on Major Subdivision Plats. - -- -- -- -- -- ------------- ----- Es (1) Certificate of Owner=_hiG ----------- ------------ I hereby certify that I am the owner- of the property 0 described hereon, which property/ is within the subdivision regulation jurisdiction of the City of New Bern, and that I freely adopt this plan of subdivision. Date (2) Certificate of A2gf2yal Owner I hereby certify that the minor subdivision, shown on this plat does not involve the creation of new public streets or any/ change in existing public streets, that the subdivision shown is in all respects in compliance with of the City Code, and that therefore this plat has been approved by the New Bern planning director, subject to its being recorded in the Craven County Registry within 30 days of the date shown below. Date City Planning Director (3) A Certificate of Survey and Accuracy, in the form stated in subdivision Endorsements on Major Subdivision Plat (3). ------------ -- ---------------- ---- -- (d) The planning director shall take expeditious action on an application for minor subdivision plat approval as provided in Section AeQlications to be Processed E_x_Qeditiously. However, either the planning director or the applicant may at any time refer the application to the major subdivision approval process. (e) No more than a total of three lots may be created out of one tract using the minor subdivision plat approval process, regardless of whether the lots are created at one time or over an extended period of time. (f) Subject to subsection (d), the planning director shall approve the proposed subdivision unless the subdivision is not a minor subdivision as defined in Section (definitions in future section) or the application or the proposed subdivision fails to comply with subsection (e) or any other applicable requirement of this chapter. e (g) If the subdivision is disapproved, the planning director shall promptly furnish the applicant with a written statement of the 0 reasons for disapproval. (h) Approval of any plat is contingent upon the plat being recorded within thirty days after the date the Certificate of Approval is signed by the planning director. Section Major Subdivision Approval Process. (a) The board of aldermen shall approve or disapprove major subdivision final plats in accordance with the provisions of this section. (b) The applicant for major subdivision plat approval shall submit to the administrator a final plat, drawn in waterproof ink on a sheet made of material that will be acceptable to the Craven County Register of Deed's Office for recording purposes, and having dimensions as follows: either (i) 21" x 30" (ii) 12" x 18", or (iii) 18" x 24". When more than one sheet is required to include the entire subdivision, all sheets shall be made of the same size and shall show appropriate match -marks on each sheet and appropriate references to other sheets of the subdivision. The scale of the plat shall be at one (1) inch equals not more than one hundred (100) feet. The applicant shall also submit six prints of the plat. 0 (c) In addition to the appropriate endorsements,' as provided in Section Endorsements on Major Subdivision Plats the final plat shall - --- - ----------- - --- contain the following information: (1) All of the information required by G.S. 47-30 and G.S. 39-32.3; (2) The name of the subdivision, which name shall not duplicate the name of any existing subdivision as recorded in the Craven County Registry; (3) The name of the subdivision owner or owners; (4) The township, county and state where the subdivision is located;_ and (5) The name of the surveyor and his registration number and the date of survey. (d) The board of aldermen shall approve the proposed plat unless it finds that the plat or the proposed subdivision fails to comply with one or more of the requirements of this chapter or that the final plat differs substantially from the plans and specifications approved in conjunction with the conditional use permit that authorized the development of the subdivision. K EO (a) If the final plat is disapproved by the Board, the applicant shall be furnished with a written statement of the reasons for the disapproval and shall be given an opportunity to petition the Board for a hearing, to be conducted in accordance with the procedures for processing conditional use permit applications. Following such hearing, the Board may reverse, modify, or affirm its earlier decision. (f) Approval of a final plat is 'contingent upon the plat being recorded within thirty (30) days after the approval certificate is signed by the mayor. Section Endorsements on Major Subdivision Plats. ------- ------------ -- ---------------- ----- All major subdivision plats shall contain the endorsements listed in subdivision (1), (2), and (3) herein. The endorsements listed in subdivision (4) shall appear on plats of all major subdivisions located outside the corporate limits of the city but within the planning jurisdiction. The endorsement listed in subdivision (5) shall appear on plats when required by federal regulation.. (1) Certificate of"AQQroval I hereby certify that all streets shown on this plat are within the City of New Bern's planning jurisdiction, all streets and other improvements shown on this plat have been installed or completed or that their installation or completion (within ten months after the date below) has been ensured by the position of a performance ^bond or other sufficient surety, and that the subdivision shown on this plat is in all respects in compliance with the New Bern City Code, and therefore this plat has been approved by the New Bern Board of Aldermen, subject to its being recorded in the Craven County Registry within 30 days of the date below. Date City Manager (2) Certificate of Ownership and Dedication I hereby certify that I am the owner of the property described hereon, which property is located within the subdivision regulation jurisdiction of the City of New Bern, that I hereby freely adopt this plan of subdivision and dedicate to public use all areas shown on this plat as streets, alleys, walks, parks, open space, and easements, except those specifically indicated as private, and that I will maintain all such areas until the offer of dedication is accepted by the appropriate public authority. All property shown on this plat as dedicated for a public use shall be deemed to be dedicated for any other public use authorized by law when such other use is approved by the Board of Aldermen in the public interest. Date Owner Notarized (3) Certificate of -Survey and Accuracy --------- - - -- - -------- I hereby certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (a deed description recorded in Book , Page of the Craven County Registry) (other); that the error of closure as calculated Q_ by latitudes and departures is 1: ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book _ Page , and that this map was prepared in accordance with G.S. 47-30 as amended. Witness may hand and seal this day of , 14 . Registered Land Surveyor (4) Division of Highways District Engineer Certificate - - - -- - --- - - - ---------- I hereby certify that the public streets shown on this plat have been completed, or that a performance bond or that sufficient surety has been posted to guarantee their completion, in accordance with at least the minimum specifications and standards of the N.C. State Department of Transportation for acceptance of subdivision streets on the State highway system for maintenance. District Engineer K (S) Certificate for uo Federally Fnded Project ----------- ----------- ------ -- I hereby certify that the specifications for street grading, drainage improvements, and paving for the group housing development shown on this plat, which development is being financed or insured under regulations of the United States Government, are equal to or of a higher standard than required by the subdivision regulations of the City of New Bern and the Standards -of the N.C. Department of Transportation. Planning Director Section Plat AQoroval Not Acceptance of Dedication Offers. -- - -- -- -- - - - -- -------- Approval of plat does not constitute acceptance by the City of the offer of dedication of any streets, sidewalks, parks or other public facilities shown on a plat. However, -the City may accept any such offer of dedication by resolution of the Board or by actually exercising control over and maintaining such facilities. Section Protection Against Defects. - -- - ---- - - - ---- (a) Whenever (pursuant to Section u O s U Authorizing e_ cce3ncY.. Q (b) Whenever all publicly dedicated facilities and improvements are installed before occupancy, use, or sale is authorized, then the developer shall post a performance bond or other sufficient surety to guarantee that he will correct all defects in such facilities or improvements that occur within one year after use, occupancy or sale is authorized. (c) An architect or engineer retained by the developer shall certify to the City that all facilities and improvements to be dedicated to the City have been constructed in accordance with the requirements of this chapter. This certification shall be a condition precedent to acceptance by the city of the offer of dedication of such facilities or improvements. (d) For purposes of this section, the term "defects" refers to any condition in publicly dedicated facilities or improvements that requires the city to make repairs in such facilities over and above the normal amount of maintenance that they would require. If such defects appear, the guarantee may be enforced regardless of whether the facilities or improvements were constructed in accordance with the requirements o` this chapter. coon Maintenance of Dedicated Areas Until Acceptance. ---------------- ----------- ----- ----- ---- As provided in Section Maintenance of Common Areas. Improvements ----------- -- ------ ---- - and Facilities. all facilities and improvements with respect to which the owner makes an offer of dedication to public use shall be maintained by the owner until such offer of dedication is accepted by the appropriate public authority. 181 Article V SS4 '? ? APPEALS, VARIANCES, INTERPRETATIONS Section Appeals_ (a) An appeal from any final order or decision of the administrator may be taken to the board of adjustment by any person aggrieved. An appeal is taken by filing with the administrator and the board of adjustment, a written notice of appeal specifying the grounds therefor. A notice of appeal shall be considered filed with the administrator and the board of adjustment when delivered to the planning department, and the date and time of filing shall be entered on the notice by the planning staff. (b) An appeal must be taken within thirty (30) days after the date of the decision or order appealed from. (c) Whenever an appeal is filed, the administrator shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action is appealed from. (d) An appeal stays all actions by the administrator seeking enforcement of or compliance with the order or decision appealed from, unless the administrator certifies to the board of adjustment that (because of facts stated in the certificate) a stay would, in his opinion, cause imminent peril to life or property. In that case. proceedings shall not be stayed except by order of,, the board of adjustment or a court, issued on application of the party seeking the stay, for due cause shown, after notice to the administrator. (e) The board of adjustment may reverse or affirm (wholly or partly) or may modify the order, requirement or decision or determination appealed from and shall make any order, requirement. decision or determination that in its opinion ought to be made in the case before it. To this end, the board shall have all the power of the officer from whom the appeal is taken. (f) A motion to reverse, affirm, or modify the order, requirement. decision, or determination appealed from shall include. insofar as practicable, a statement of the specific reasons or findings of fact that support the motion. Section Variances. ------- ---------- (a) An application for a variance shall be submitted to the board of adjustment by filing a copy of the application with the administrator in the planning department. Applications shall be handled in the same manner as applications for special use permits in conformity with the provisions of Sections 15-48, 15-49, and 15-56. (b) A variance may be granted by the board of adjustment if it concludes the strict enforcement of the ordinance would result in practical difficulties_ or unnecessary hardships for the applicant and Es that, by granting the variance, the spirit of the ordinance will be observed, public safety and welfare secured, and substantial justice done. It may reach these conclusions if it finds that: (1) If the applicant complies strictly with the provisions of the ordinance, he can make no reasonable use of his property; or, if the applicant is requesting a variance from the provision of Section to allow the creation of not more than one lot that deviates from these requirements by not more than one percent. The board may find in lieu of the foregoing that in the absence of such deviation the applicant will suffer sever hardship and that such deviation for as negative affects upon surrounding properties. (2) The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public; (3) The hardship relates to the applicant's land, rather than persdnal circumstances; (4) The hardship is unique, or nearly so, rather than one shared by many surrounding properties; (5) The hardship is not the result of the applicant's own action; and (6) The variance will neither result in the extension of a nonconforming situation in violation of Article VIII nor authorize the initiation of a nonconforming use of land. (c) In granting variances, the board of adjustment may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties. (d) A variance may be issued for an indefinite duration or for a specified duration only. (e) The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit(or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information). All such conditions are enforceable in the same manner as any other applicable requirement of this chapter. (f) Before granting a variance, the board must take a separate vote and vote affirmatively on each of the six required findings stated in subsection (b). Insofar as practicable, a motion to make an affirmative finding on each of the requirements set forth in subsection (b) shall include a statement of the specific reasons or findings of fact supporting such motion. (g) A motion to deny the variance may be made on the basis that any one or more of the six criteria set forth in subsection (b) is not ^ satisfied or that the application is incomplete. Such a motion shall (� J) include a statement of the specific reasons or findings of fact that support it. Section Interpretations. (a) The board of adjustment is authorized to interpret the zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the zoning administrator, they shall be handled as provided in Section (b) An application for a map interpretation shall be submitted to the board of adjustment by filing a copy of the application with the administrator in the planning department. The application shall contain sufficient information to enable the board to make the necessary interpretation. (c) Where uncertainty exists as to the boundaries of districts as shown On the Official Zoning Map, the following rules shall apply: (1) Boundaries indicated as approximately following the center lines of alleys, streets, highways, streams, or railroads shall be construed to follow such center lines. (2) Boundaries indicated as 0approximately.; following lot lines, city limits or extraterritorial boundary lines, shall be construed as following such lines, limits or boundaries; (3) Boundaries indicated a- :allowing shorelines shall be construed to follow such shorelines and in the event of change in the shoreline shall be construed as following such shorelines; (4) Where a district boundary divides a lot or where distances are not specifically indicated on the Official Zoning Map, the boundary shall be determined by measurement, using the scale of the Official Zoning Map; (S) Where any street or alley is hereafter officially vacated or abandoned, the regulation applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. K Section Reguests To Be Heard Fxpeditiousl�� ------- -- -- - ----- - - O As provided in Section , the. board of adjustment shall hear and decide all appeals, variance requests, and requests for interpretations as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with Article Hearing Procedures for Appeals and Applications, and obtain the necessary information to make sound decisions. Section Burden of Proof In Appeals and Variances_ ------- ------ -- ----- -- - ------------ When an appeal is taken to the board of adjustment in accordance with Section Appeals, the administrator shall have the initial burden of presenting to the board sufficient evidence and argument to Justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion. (b) The burden of presenting evidence sufficient to allow the board of adjustment to reach the conclusions set forth in Subsection Variance, as well as the burden of persuasion on those issues, remains with the applicant seeking the variance. Section Board Action on Appeals and Variances. ------- ----- ------ -- - ------------- (a) Wi.;h respect to appeals, a motion to reverse, affirm, or modify the order, requirement, decision, or determination appealed from shall include, insofar as practicable, a statement of the /� 0 specific reasons or findings or finds of fact that support the motion. If such a motion is not made or fails to receive the eight votes necessary for adoption (see Section ) then a motion to uphold the decision appealed from shall be in order. Insofar as practicable this motion is adopted as the board's decision if supported by at least two members. (b) Before granting a variance, the board must take a separate vote and vote affirmatively (by a 4/5 majority --see Section ) on each of the six required findings stated in Subsection Insofar as practicable, a motion to make an affirmative finding an each of the requirements set forth in Subsection shall include a statement of the specific reasons for findings of fact supporting such motion. (c). A motion to deny a variance may be made on the basis that any one or more of the six criteria set forth in Subsection is not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it. This motion is adopted as the board's decision if supported by at least two members. 111 Section through Reserved ------- ------------- Section Board Action of AgQeals and Variances. ------- ----- ------ -- - - ------------- (a) If a motion to reverse or modify is not made or fails to receive the four -fifths vote necessary for adoption (see Section 15- 32), then a motion to uphold the decision appealed from shall be in order. Insofar as practicable, this motion shall include a statement of the findings, or reasons that support it. This motion is adopted as the board's decision if supported by at least two members. Article VI ORAF� HEARING PROCEDURES FOR APPEALS AND APPLICATIONS Section _ Hearing_ ppea Required on Aland- - A =_ pplication_ ---- ---- - -- -- - s -- (a) Before making a decision on an appeal or an application for a variance, special use permit, or conditional use permit, or a petition from the planning staff to revoke a special use permit or conditional use permit, the board of adjustment or the board of aldermen, as the case may be, shall hold a hearing on the appeal or application. Hearings on conditional use permits shall be set by the board of aldermen as provided in Section J of the 'ode. (b) Subject to subsection (c), the hearing shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify. (c) The board of adjustment or board of aldermen may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross examination of witnesses so that the matter at issue may be heard and decided without undue delay. (d) The hearing board may continue the hearing until a subsequent meeting and may.keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six weeks or more elapses between hearing dates. Section Notice of Hearing_ The administrator shall give notice of any hearing required by Section as follows: (1) Notice shall be given to the appellant or applicant and any other person who makes a written request for such notice by mailing to such persons a written notice not later than ten days before the hearing. (2) With respect to hearings on matters other than conditional use permits, notice shall be given to neighboring property owners by mailing a written notice not later than 10 days before the hearing to those persons who have listed for taxation real property any portion of which is located within 150 feet of the lot that is the subject of the application or appeal. With respect to hearings on the issuance or revocation or conditional use permits, notice shall be given to neighboring property owners by mailing a written notice not later than 10 days before the hearing to those persons who have listed for taxation real property any portion of which is located within 200 feet of the lot that is the subject of the conditional use permit. In all cases, notice shall also be given by prominently posting signs in the vicinity of the property that is the subject of the proposed action. Such signs shall be posted not less than 7 days prior to the hearing." (3) In the case of conditional use permits, notice shall be given to other potentially interested persons by publishing a notice in the Chapel Hill Newspaper one time not less than seven nor more than fifteen days prior to the hearing. (4) The notice required by this section shall state the date, time and place of the hearing, reasonably identify the lot that is the subject of the application or appeal, and give a brief description of the action requested or proposed. Section Evidence. ------- ------ --------- (a) The provisions of this section apply to all hearings for which a notice is required by Section (b) All persons who intend to present evidence to the permit issuing board, rather than arguments only, shall be sworn. (c) All findings and conclusions necessary to the issuance or denial of the requested permit or appeal (crucial findings) shall be based upon reliable evidence Competent evidence (evidence admissible in a court of law) shall be preferred whenever reasonably available, O but in no case may crucial findings be based solely upon incompetent evidence unless competent evidence is not reasonable available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. Section Modification of Application at Hearing.- -- ---------------- -- - -- ------ (a) In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the board of aldermen or board of adjustment the applicant may agree to modify his application, including the plans and specifications submitted. (b) Unless such modifications are =_o substantial or extensive that the board cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the board may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed- upon changes are submitted to the planning staff. Section Record. (a) A tape recording shall be made of all hearings required by Section , and such recordings shall be kept for at least two years. Accurate minutes shall also be kept of all such proceedings, - but a transcript need not be made. ES (b) Whenever practicable, all documentary evidence presented at a hearing a well as all other types of physical evidence shall be made a O part of the record o the proceedings and shall be kept by the town for at least two years. Section Written Decision. ------- ------ ------- --------- (a) Any decision made by the board of adjustment or board of aldermen regarding an appeal or variance or issuance or revocation of a conditional use permit or special use permit shall be reduced to writing and served upon the applicant or appellant and all other persons who request a copy at the hearing or who make a written request for a copy. (b) In addition to a statement of the board's ultimate disposition of the case and any other information deemed appropriate, the written decision shall state the board's findings and conclusions, as well as supporting reasons or facts, whenever this chapter requires the same as a prerequisite to taking action. IN O Section K Article VII ENFORCEMENT AND REVIEW Complaints Regarding Violations. Whenever the administrator receives a written, signed complaint alleging a violation of this chapter, he shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken. Section Persons Liable. ------- ------ ------- ------- The owner, tenant, or occupant of .any building or land or part thereof and any architect, builder, contractor, agent or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be be subject to the remedies herein provided. Section Procedures Upon Discovery_ of Violations. ---- ------------ --------- ------------- (a) If the administrator finds that any provision of this chapter is being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the administrator's discretion. (b) The final written notice (and the initial written notice may be the final notice) shall state what action the administrator intends to take if the violation is not corrected and shall advise that the administrator's decision or order may be appealed to the board of adjustment as provided in Section (c) Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this ordinance or pose a danger to the public health, safety, or welfare, the administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section Section _ Penalties and Remedies for Violations. (a) Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or special use or conditional use permits, shall constitute a misdemeanor, punishable as provided in G.S. 14-4. (b) Any act constituting a violation of the provisions of this chapter or a failure to comply comply with any of its requirements, including violations of any conditions and safeguards established in connection with.the grants of variances or special use or conditional use permits, shall also subject the offender to a civil penalty of twenty-five dollars. If the offender fails to -pay this penalty within ten days after being cited for a violation, the penalty may be recovered by the City in a civil action in the nature of a debt. civil penalty may not be appealed to the board of adjustment if the offender was sent final notice of violation in accordance with Section 15-113 and did not take an appeal to the board of adjustment within the prescribed time. (c) This chapter may also be enforced by any appropriate equitable action. (d) Each day that any violation continues after notification that such violation exists by the administrator shall be considered a separate offense for purposes of the penalties and remedies specified in this section. - (e) Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this chapter. Section Permit Revocation. ------- ------ ----------- (a) A zoning, sign, special use, or conditional use permit may be revoked by the permit issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed by the permit issuing board. (b) Before a conditional use or special use permit may be revoked, all of the notice and hearing and other requirements of Article VI shall be complied with. The notice shall inform the permit v recipient of the alleged grounds for the revocation. (1) The burden of presenting evidence sufficient to authorize the permit -issuing authority to conclude that a permit should be revoked for any of the reasons set forth in subsection (a) shall be upon the party advocating that position. The burden of persuasion shall also be upon that party. (2) A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion. (c) Before a zoning or sign permit may be revoked, the administrator shall give the permit recipient ten days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations. If the permit is revoked, the administrator shall provide to the permittee a written statement of the decision and the reasons therefor. (d) No person may continue to make use of land or buildings in the manner authorized by any zoning, sign, special use or conditional use permit after such permit has been revoked in accordance with this section. 0 Section Judicial Review. ---------------------- O (a) Every decision of the board of aldermen granting or denying a conditional use permit and every final decision the board of adjustment shall be subject to review -by the Superior Court of Craven County by proceedings in the nature of certiorari. (b) Any petition for the writ of certiorari shall be filed with the County Clerk of Superior Court within 30 days after a written copy of the board's decision (see Section ) has been filed in the Office of the Planning Department, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such a copy with the secretary or chairman of the e board at the time of its hearing of the case, whichever is later. The decision of the board may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested. EN 01 Article VIII bNONCONFOFIffNG SITUATIONS Section Definitions. M 111 Unless otherwise specifically provided or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this article. (1) Dimensional Nonconformity. A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located. (2) Effective Date of This Chanter. Whenever this article refers to the effective date of this chapter, the reference shall be deem- ed to include the effective date of any amendments to this chapter if the aq:endment, rather than this chapter as originally adopted, creates a nonconforming situation. ` (3) Expenditure. A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future exoenditures,as well as any other substantial changes in position. (14) Nonconforming- Lot. A lot existing at the effective date of this chapter (and not created for the purposes of evading the restrictions of this chapter) that does not meet the minimum area requirement of the district in which the lot is located. (5) Nonconforming Project. Any structure, development, or undertaking that is incomplete at the effective date of this chapter and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned. (6) Nonconforming Sign. A sign (see Section on Signs for definition) that, on the effective date of this chapter does not conform to one or more of the regulations set forth in this chapter, particular- ly Article On -Premise Signs. (7) Nonconforming Use. A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with running a bakery in a residentially zoned area is a nonconform- ing use. ) (8) I•10nconforming Situation. A situation that occurs when, on the effective date of this chapter, an existing lot or structure s with such setback requirements. However, mere financial hardship doss not constitute grounds for finding that compliance is not reasonably possible. (d) This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no substantial structures upon it. A change in u✓e of a developed nonconforming lot may be accomplished in accordance with Section, Change In use of Property Where a Nonconforming Situation Exists. (e) Subject to the following sentence, if, on the date this section becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot•not his successors in interest may take advantage of the provisions of this section. This sub- section shall not apply to a nonconforming lot if a majority of the developed lots located on either side of the street where such lot is located and within 500 feet of such lot are also' nonconforming. The intent of this Subsection is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots under the circumstances specified herein, but not to require such combination when 'that would be out of character with the way the neighborhood has previously been developed. Section Extension or Enlargement of Nonconforming Situations. (a) except as specifically provided in this section, no person may engage in any activity that causes an increase in.the extent of nomlccnformity of a nonconforming situation. In particular, physical alteration of structures or the placemel?t of new structures on open lan.: is unlawful if such activity results in: (1) An increase in the total amount of space devoted to a nonconforming use; or (2) Greater nonconformity with respect to dimensional re- strictions such as setback requirements, height limitations or density requirements or other require- ments such as parking requirements. (b) Subject to subsection (d) a nonconforming use may be extend- ed through out any portion of a completed building that, when the use was made nonconforming by this chapter, was manifestly designed or arranged to accommodate such use. However, subject to Section Completion of Nonconforming Projects (authorizing the completion of nonconforming pro- jects in certain circumz tances), a nonconforming use may not be extended to additional buildings or to land outside the original building. (c) Subject to Section Completion of Nonconforming Projects (author- izing the completion of nonconforming projects in certain circumstances), a nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a. use that involves the removal of natural materials from the lot (e.g., a quarry) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming if ten percent or more of the earth products had already been removed at the effective. date of this chapter. r� 0 Section or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, becau3c structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and set -back requirements) is not in conformity with this chapter, because signs do not meet the requirements of Article 'ot' Lnlj -L%iapr_er, or because land or buildings are used for purposes made unlawful by this chapter. Continuation of Nonconforming Situations and of Nonconforming Project. letion (a) Nonconforming situations that were oth-erwise lawful on the effective date of this chapter may be continued, subject to the restrictions and qualifications set forth in the Sections below. (b) Nonconforming projects may be completed only in accordance with the provisions of Section Entitled Completion of Nonconforming Projects. Section Nonconforming Lots. (a) Irlhen a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimums set forth in Section , wen the lot may be used as proposed just as if it were conforming. Ha. -never, no use (e.g., a duplex) that requires a greater lot size for a particular zone is permissible on a nonconforming lot. (b) [,hen the use proposed for a nonconforming lot is one that is conforming in all other respects but the applicable setback requirements (Section ) cannot reasonably be complied with, then the entity authorized by this chapter to issue a permit for the proposed use (the administrator) may allow deviations frcm the applicable setback require- ments if it finds that: (1) The property cannot reasonably be developed for the use proposed without such deviations; (2) These deviations are necessitated by the size or shape of the nonconforming lot; and (3) The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety. (c) For purposes of subsection (b), compliance with applicable building setback requirements is not reasonably possible if a building V that serve.-, the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformitl: (d) The volume, intensity, or frequency of use or property where a `(�Jl nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other paragraphs of this section occur. (e) Notwithstanding subsection (a); any structure used for single- family residential purposes and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to such matters as setback and parking requirements. This paragraph is subject to the limitations stated in Section Abandonment and Discontinuance Of Nonconforming Situations. (f) Notwithstanding subsection (a), whenever: (i) there exists a lot with one or more structures on it; and (ii) a change in use that does not involve any enlargement of a structure is nrnnnned for such lot; and (iii) the parking requirements of u,a" W%JL1ld be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking, then the proposed use shall not be regarded as resulting in an impermissible extension or enlargement of a nonconforming situation. However, the applicant shall be required to comply with all applicable parking requirements that can be satisfied without acquiring additional land, and shall also be rpnuired to obtain satellite parking in accordance with Section lI ; (i) parking requirements cannot be satisfied on file lot wi.ti� r(-!,;pcct to which the permit is required; and (ii) such satelite parking is reasonably available. If such satellite parking is not reasonably available at the time the zoning or special or conditional use permit is granted, then the permit recipient shall be required to obtain it if and when it does become reasonably available. This require- ment shall be continuing condition of the permit. Section Repair, Maintenance and Reconstruction (a) Minor repairs to and routine maintenance of property where, non- conforming :.;ituations exist are permitted and encouraged. Major re- novation, i.e., work estimated to cost more than twenty-five percent of the appraised valuation of the structure to be renovated may be done only in accordance with a zoning permit issued pursuant to this section. (b) If a structure located on a lot where a nonconforming situation exists is damaged to an extent that the costs of repair or replacement. would exceed twenty-five percent of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only in accordance with a zoning permit issued pursuant to this section. This subsection does not apply to structures used for single-family residential purposes, which structures may be reconstructed pursuant to a zoning permit just as they may be enlarged or replaced as provided in subsection (e) of this section. O (c) For purposes of subsections (a) and (b); (1) The "cast" of renovation or repair or replacement shall mean the fair market value of the materials and services necessary to accomplish such renovation, repair, or re placement. (2) The "cost" of renovation'or repair or replacement shall mean the total cost of all such intended work, and no person may seek to avoid the intent of subsections (a) or (b) by doing such work incrementally. (3) The "appraised valuation" shall mean either the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation, or the valuation determined by a professionally recognized property appraiser. (d) The administrator shall issue a permit authorized by this section if he finds that, in c=pleting the renovation, repair or replacement work; (1) No violation of the previous section will occur; and (2) The permittee will comply to the extent reasonably possible with all provisions of this chapter applicable to the exist- ing use, (except that the permittee shall not lose his right to continue a nonconforming use). Compliance with a requirement of this chapter is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. Section Change In Use of Property Where A Nonconforming Situation Exists. (a) A change in use of property that is sufficiently substantial to require a new zoning, or •:ondi tional use nermfb in accordance with Section may not be made except in accordance with subsections (b) through (d). Hagever, this requirement shall not apply if only a sign permit is needed. (b) If the intended change in use is to a principal use that is permissible in the district where the property is located, and all of the other requirements of this chapter applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this chapter is achieved, the property may not revert to its nonconforming status. (c) If the intended change in use is to a principal use that is permissible O in the district where the property is located, but all of the requirements of this chapter applicable to that use cannot reasonably be complied with, then the change is permissible if the entity authorized by this subchapter to issue a permit for that particular use (the administrator,) issues a permit - - - -- - - authorizing the than - i permit issuir: �_.. __ - _ g change. This-�erRu.t may. be. issued f the This permit may be issued if the permit issuing authority finds that (� eliminating a particular nonconformity is not reasonably possible (i.e. cannot be accomplished without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation). The permit shall specify which non - conformities need not be corrected. (c) For purposes of determining whether a right to continue a non- conforming situation is lost pursuant to this section, all of the buildings, activities, and operations maintained on a lot are generally to be consider- ed as a whole. For example, the failure to rent one apartment in a non- conforming apartment building for 180 days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apart- ment building as a whole is continuously maintained. But if a nonconf-^m- ing use is maintained in conjuction with a conforming use, discontinue of a nonconforming use for the required period shall terminate the right to maintain it thereafter. (d) When a structure or operation made nonconforming by this chapter is vacant or discontinued at the effective date of this chapter, the 180-day period for purposes of this section begins to run at the effective date of this chapter. Section Comoletion of Ncxaconforming, Projects. - (a) All nonconforming projects on which construction was begun at ] ca:j t 180 days be for^ the effective date of this chapter as well as all nonconforming projects that are at least twenty-five percent completed. in terra of the total expected cost of the project on the effective date of this chapter may be completed in accordance with the terms of their permits, so long as these permits were validly issued and remain unrevoked and unexpired. If a development is designed to be completed in stages, this subsection shall apply on to the particular phase under construction. (b) Except as provided in subsection (a), all work on any non- conforming project shall cease on the effective date of this chapter, and all permits previously issued for work on nonconforming projects shall be revoked as of that date. Thereafter-, work on nonconforming projects may begin or may be continued only pursuant to a zoning, conditional use, or sign permit issued in accordance with this section by the individual or board authorized by this sub chapter to issue permits for the type of development proposed. The permit issuing authority shall issue such a permit if it finds that the applicant has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changed his position in some substantial way in reasonable reliance on the land use lair as it existed before the effective date of this chapter and thereby would be unreasonably prejudiced if not allowed to complete his project as proposed. In considering wheth er these findings may be made, the permit issuing authoirty shall be guided by the following, as well as other relevant considerations: 0(1) All expenditures made pursuant to a validly issued and unrevoked building, zoning, sign, or conditional use permit shall be con- sidered as evidence of reasonable reliance on the land use law that existed before this chapter became effective. O authority finds, in addition to any other, finding that may be required by this chapter, that: (1) The intended change will not result in a violation of Section and (2), All of the applicable requirements of this chapter that can reasonably be complied with will be complied with. Compliance with a requirement of this chapter is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a sub- stantial structure that is on a permanent foundation. Mere financial hardship caused by -the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. And in no case may an applicant be given permission pursuant to this subsection to construct a building or add to an existing building if additional nonconforJmities would thereby be created. (d) If the intended change in use is to another principal. use that is also nonconforming, then the change is permissible if the entity authorized by this chapter to issue a permit for that particular use (administrator) issues a permit authorizing the change. The permit issuing authority May issue the permit if it finds, in addition to other findings that may be required by this chapter, that: (1) 'hie trse requested is one that is permissible in some zoning district with either a zoning, conditional use permit; and (2) All of the conditions applicable to the permit authorized in subsection (c) of this section are satisfied; and (3) The proposed development will have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for. Section Abandonment and Discontinuance of \onconforminrz Situations. (a) When a nonconforming use is (i) discontinued for a consecutive period of 180 days, or (ii) discontinued for any period of time without a present intention to reinstate the nonconforming use, the property in- volved may thereafter be used only for conforming purposes. (b) If the principal activity on property where a nonconforming situation other than a nonconforming use exists is (i) discontinued for a consecutive period of 180 days, or (ii) discontinued for any period of time without a prcoent intention of resuming that activity, then that property may thereafter be used only in conformity with all of the regula%I applicable to the preexisting use unless the entity with authority to issue a permit for the intended use issues a permit to allot- the property to be used for this purpose without correcting the nonconforming situations. (2) Except as provided in subdivision (b)(1), no expenditures made more than 180 days before the effective date of this chapter may be considered as evidence of reasonable reliance on the land use law that existed before this chapter became effective. An expenditure is made at the time a party incurs a binding obligation to make that expenditure. (3) To the extent that expenditures are recoverable with a reasonable effort, a party shall not be considered pre- judiced by having made those expenditures. For example, a party shall not be considered prejudiced by having made some expenditure to acquire a potential development site if the property obtained is approximately as valuable under the new classification as it was under the old, for the expenditure can be recovered by a resale of the property. (4) To the extent that a nonconforming project can be made conforming and that expenditures made or obligations incurred can be effectively utilized in the completion of a conforming project, a party shall not be considered prejudiced by having made such expenditures. (5) An expenditure shall be considered substantial if it is 3ignifieant both in dollar amount and in terms of (i) the total estimated cost of the proposed project, and (ii) the ordinary business practices of the.. developer. (b) A person shall be considered to have acted in good faith if actual knowledge of a proposed change in the land use law affecting the proposed development site could not be attribtued to him. (7) Even though a person had actual knowledge of a proposed change in the land use affecting a development site, the permit issuing authority may still find that he acted in good faith if he did not proceed with his plans in a deliberate attempt to circumvent the effects of the proposed ordinance. The permit issuing authority may find that the developer did not proceed in an attempt to undermine the proposed ordinance if it determines that (i) at the time the ex- penditures were made, either there was considerable doubt about whether any ordinance would ultimately be passed, or it was not clear that the proposed ordinance would prohibit the intended development, and (ii) the developer had legitimate business reasons for making ex- penditures. (c) The permit issuing authority shall not consider any application for the permit authorized by subsection (b) that is submitted more than sixty days after the effective date of this chapter. The permit issuing authority may waive this requirement for good cause shown, but in no case may it extend the application deadline beyond one year. (dr The administrator shall send copies of this section to the persons listed as owners for tax purposes (and developers, if different from the owners) of all properties in regard to which permits have been issued for nonconforming projects or in -regard to which a nonconforming, project is otherwise known to be in sane stage of development. This notice shall be sent by certified mail not less than fifteen days before the effective date of this chapter. (e) The permit issuing authority shall establish expedited procedures for hearing applications for permits under this section. These application, shall be heard, whenever possible, before the effective date of this chapter, so that construction work is not needlessly interrupted. (f) When it appears from the developer's plans or otherwise that the nonconforming project was intended to be or reasonably could be completed in stages, segments, or other discrete units, the permit issuing authority shall not allow the nonconforming project to be con- structed or completed in a fashion that is larger or more extensive than is necessary to allow the developer to recoup and obtain a reasonable rate of return on the expenditures he has made in connection with that nonconforming project. ` Section nonconforming Sign. (a) Notwithstanding any other provision -of this article a*nonconform- ing sign that exceeds the height or size li mitaticns of en -premise signs by more than ten percent or that is nonconforming in some other way shall, within three years following the effective date of this chapter, or two years after notification, whichever is sooner, be altered to comply with the provisions of this chapter (particularly on-perrase signs) or be removed. -If the nonconformity consists of too many freestanding signs or an excess of total sign area, the person responsible for the violation may determine which siLn or signs need to be altered or removed by bring ing the development into conformity with the provisions of on -premise signs. (b) Within nine months after the effective date of this chapter, the administrator shall make every reasonable effort to identify all the nonconforming signs within the City's planning jurisdiction. He shall then contact the person responsible for each such sign (as well as the owner of the property where the nonconforming sign. is located, if different from the former -) and inform such person (i) that the sign is nonconforming, (ii) how it is nonconforming, (iii) what must be done to correct it and by what date and (iv) the consequences of failure to make the necessary corrections. The administrator shall keep complete records of all correspondence, communications, and other actions taken with respect to such nonconforming signs. M per r.^•__sinie v„iy i.. L;C`r _C'D tn, t Part I I . Zoning Map Section Official•_ Zoning Mat_ (a) There shall be 3 map:no.-,n and designated as the Official Zoning Map, which shall show the boundaries of all zoning districts within the towns Plannina jurisdiction. This 3p shall be drawn on ace Late or c -her durable material from which priE":tS can be made, sha11 de dated+, and shall Ce kept in the Clanining depar"tnli?,.t. (b) The Official Zoning ;lap dated is adopted and incorporated herein by reference. Amendments to this map shall be made and posted in accordance with Section (c) Should the Official Zoning Map be lost, destroyed, or damaged, the administrator" may have a new nia'a drawn on acetate or other, ` durable material from a,hi.-h Print= car, be made. No further Board aL:thorizati3 1 ar action is raquired so long as no district boundaries are not changed in this process. _CCL_On 1. -113 rmendmen_s to O f i__ai _onin M_o_ 0-(3) Ai!rand,ime nt=- t3 the official C_ -nine i'�c3.� ai"c t`E =a,?lE' r,rC7Cadlar?S that apply :L dthe:" amcndm=l'.t= t tfci= Ci,_C Le; sat forth in Article u (b) The administrator Shall up date the Official _oning !fail 3= soot. as possible after amendments to it are adopted by tr-ie Bic,=rd. ant entering any such amendment on the ,-nap, the administrator =hall change the data of the reap to indicate its latest revision. New prints of the updated map may then. be issued. (c) No unauthorized person ,nay alter or III odify the Official Zoning Map. (d) The planning department shall keep copies of superseded prints of the zoning ,nap for historical reference. Section throuoh Reserved. -baba-- baba-- -baba-- baba-- ---baba-- • Section ______ Use of the Designation_ �;S.0 in Table cf Permissible baba --- -- --- ---- - --- inPerm------ - Uses_ (a) Subject to Section when used in connection with s particular use in the Table of Pe` issible Uses I the letter ears that the use is permissible in the indicated zone with a zo ing permit issued by the administrator. The letter "S" means a special use permit lust to obtained from the board of 3djustn•..nt,and the letter "C" means a conditional use pEr;mlt must b= cotained from the board of aldermen. (b) -11hen u ll Cvi,nec: ion wi tr mu1ti-Fami 1'y residences (use classification 1.300, the designation S,C" M.eail_ that such valo p m.ent= of less than f ive duel l ing units must be pursuant to a special use permit and ue•lelopments of five or more dwelling units need a conditional use pe2rmit. (c) Subject to Section. , use of the designation "Z,C" means that a zoning permit must be obtained if the development is located on a lot of (i) one acre or less in the B-1, 3-2, or B•3 zones, or (ii) 'Vio acres oi' less in all other zones, while a.condltlOnal use permit :must be obtained for all developments on lot in excess of these limits. (d) Subject to Section , use of the designation c,S" means that a zoning permit must be obtained if the development is located on a lot of two acres or less while a special use permit must be obtained for developments in excess of two acres. (e) Use of the designation Z1,S.0 for combination uses is 2Xplain2d in Section Section sees-- Board of Adju=tment Jurisdiction Over Uses Otherwise ------- ----- ------------------------ ---- ---- --------- Permissible With a Ceninq Permit. ----------- ---- - ------ ------- foot withstanding airy other provisions ti"iis article, whenever the Tadl- of ? rrr1issiLle Use= interpreted in the light of Sectici: the o���ei1i oViSiviis CJf l."i- article) Provides "hat a USc in.a n011- -Iesidential zone is permissidle "ith a zaniiiy per irii t', a S.0e-Iai lS=c permit Shall nevertheless be required if the administrator `hits that the proposed use would ha•,e an extraordinary impact on neighboring properties Or the g2ilel'31 public. ill iTi3R.iilg this d'cte:'�iiisi3ticn, t!lC administrator shall consid2r, among other factors, whether the use is proposed for" an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties, and whether the proposed use i_ substantially unique or is likely to have impacts that differ - substantial from those presented by other uses that are permissible in the zoning district in question. Section Permissible Uses and Soecific,Exclusions. ------- ----------------- ---- ---------------------- (a) The presumption established by this chapter is that all legitimate uses of land are permissible within at least one' zoning district in the planning jurisdiction. Therefore, because the list of permissible uses set forth in Section (Table of Per nissible Uses) cannot be all-inclusive, those uses that are listed shall be interoreted liberally to include other- uses that have similar impacts to the listed uses. (b) Nethwithstanding subsection (a) all uses that are not listed in Section (Table of Permissible Uses), even given the liberal interpretation mandated by subsection (a), are p rohibited. Nor shall Section (Table of Permissible Uses) be interpreted to allow a use in Gne =onina idistriat tvhan the use is question is :mire NOSE Y clan=_i; i=aticn 1.100, 1.200, 1.420, _1.43:r. _tion ____-- Permissible Uses Not R_3uiring Permits. �Jotwithstand ing any other provisions of this chapter, no zanir:g, special use, or conditional use permit is necessary for the following uses: (1) Streets (2) Electric power, telephone, telegraph, cable television, gas, water, - and sewer lines, wires or, pipes, -together with sup;.or.ting poles or structures, located within a. public right of way. (3) Neighborhood utility facilities located wi public right of way with the permission of the owner (state or of the right of way so long as such facilities do not exceed five feet in height, five feet in width or five feet in depth. Section chance in Use. ,a) A substantial change in use of property occurs whenever the essertiul character or nature cf the activity conducted on a lot changes. This occu:-s whenever: lI 'he chance involves a change from one principal use category to another. (2) If the original use is a combination use (27.000) or- planned unit development (29.000). the relative proportion of space devoted to the individual principal uses that comprise the combination use or planned unit development use changes to such an extent that the parking requirements- for the overall use are altered. (3) If the original use is a combination use or planned :,unit development use, the mixture of-tYpes of individual principal that comprise the combination use of planned unit development use changes. (4) If there is only one business or enterprise conducted on the lot (regardless of whether- that business or enter .-ise consists of -one individual principal use or a combination use), that business or enterprise moves out and a different type of enterprise moves out and filed under the same principal use cr combination use category as th' previous type of. business). For example,. if there is only one building on a lot and a florist shop that is the sole tenant of the building moves out and is replaced by a clothing store, that constitutes a change in use even though both tenants fall within principal use classification 2.110. However, if the florist shop were replaced by another florist shop, that would not constitute a change in use since ;the type of business or enterprise would not have changed. . t"ore: ver, i f the florist shop moved out of a Tented apace in a p-pirig _er ar:d was r=o,Isced h. c:Iot.`:_,tg =tC.-e, that :.•�ulG r it C:0n i�Uf a change ?.? (1=_+silic= L`er. -ls GIJr '� _ c _,.at? O: _ b ;sincss on .he _ct =i-d the 2iiL_a: c-[a ac 22r of t`?- I _ a i i. t\r conducted. on :hat lot (shopping center- ombinatlon use-) ha_ not charge`. (b) A mare c:?ange in the status of property from unoccupied to occupied or vice -versa u es not constitute a charge In use. Whether a change in use occurs shall be determined by ccmparing the two active uses of the property without regard to any intervening period during v;hich the property may have been unoccupied, unless_ the property has 'emained (_nrccc'upi_d 'or more than 190 consecutive days or has been .bandonc=_i . (c) A mere change in ownership of a business or enterprise shall not be regarded as a change in use. Section Developments in the 8_3 ?or.inq District. ------ ------ ----- -- --- - - ---- ----- --- The 2.000, 3.000 and 4.000 classifications in the Table of Permissible Uses a written in very broad terms. However, it is the intention •cf this chapter that uses described in those classifications are y7ErMiss-ibis in an area _or.ed B-3 only when the pai-ticuiar use IS in cc=oruan e vlith the ob:ectil'25 o7 the B 73ninc_; C_ ==t 'iOrth is Section (lvJ\ l.v.l<.bitla_lv(: (_) ;:hen a _ombination use co:nprl=es two or more ps incipal 1=C that require different Lyres of permits (zoning special use, a can• i t th - Y d tiena_ �(_e) i?sn .,_ pe. Ir�i,. t}. ri. i hS ~ oi? I l C:1 to nG t, camUi.:,�ti use she_ be: (1) A conditional use permit if any of the principal uses combined requires a conditional use permit. t2) A special use permit if any of the principal uses combined requires a special use permit but none requires a conditional use permit. (3) A zoning permit in all other cases. This is indicated in the Table of Permissible Uses by the designation "3,S,C" in each of the columns adjacent to the ' 27.000 classification. (b) Subject to subsection (c).when a combination use consists of a resident subdivision (use classification 1.700 or 1.500) and a multi - I amily develoamei (1.30 the total densit;: peri>i ible an the lct shall be determined by haying the. develo er indicate on the ;:sans the portion of the total lot that will be developed for each purpose And calculating the de sity for each portion as i` it Were a separate 1ot. Lbai=ll': 3,1:1 -_ Sub:;eC tic—i %`b 'rirEali 1 a �JITbinatiCn ,Se =01-1 aTy �al-=a1"d rc51 �'cr:tiai =i bdi\.__ivin Jllsc C.!ass ification 1,i!?CO and a n,ulti-tai1111v U"Evaicpmer.t (1.300 and (ii) tine sued -, i d e d portion o- the tract contain lc that Exceed the minimum lot size requ_.-smerits set fort` in Section but that do not exceed an average of 30.,0.10 squ r.e feet, then the density of }14IC' portion of the tract developed for illulti-family purposes may be increased u=ycnd the permissible density calculated in accordance with subsection (b). The increase in density shall be determined as f a l iob-is: 1. ) T:'i� 7iiii'eliiu il, tot aiz'= i _ L.:ireme:lis fo( the applicable Zonina district shall be Subtracted frcm each lot that exceeds the minimum lot size, and the remainders totaled. (2) The sum derived from the calculations in subdivision (1) shall be divided by the minimum lot size requirement. Fractions shall be rounded to the nearest whole number. (3) The ,product of the calculation in subdivision (2) =-halL yield the number of additional multi -family dwelling units that may be locate within the perticn of tract developed for mu ti - fali,i l y" D.urposes. (e:.) '•-A'eEn a : esi' eritial-use is cambiaed with a non-re=idetntial ISs= in a business have aC lea=-t the C; - rcotage ecuii-=d f' the residential us lone For examr,,,l= :, ?-i zone, if two dwel"_ling units are combined with a retail store in one building, the lot t ust have at least 6,000 square reet. (e) When two principal uses are combined, the total =.mCiunt of parking require for the combination use shall be determined by cumulating the amount of parking required for each individual principal use accordine to the relative amount of space occupied by that use. Section 15-151 Planned Urt:t Develamment=. ------- ------------- ---- ( b ) Within any lot developed as a planned unit development, nct more than ten percent of the total lot area may be developed for purposes that are permissible onlyina B-2, or B-3 zoning district (whichever corresponds to the P.U.D. zoning district in question), and nct more than five percent of the total lot area may be developed for uses permissible only in the =oning district (assuming the P.U.D. zoning dis riot allow such uses at all). O (c) The plans for the proposed planned unit develcpment shall indicate the particular portioins of the sot that the de'•.'clupe:- intends to UevelcP r .r purposes permissible in a r residential di S t i c t (a .- o b l i cau l a l purposes permissible i o J '_t. wa l naE 5 M y tr iL _ as TOa^plicabla) . asc pur po=co parmissit.le on! in an di=tr._ t 1 soalicablc) . Fo, pur poses of deter : inin:� the sub=taoti._ regulat`.ions that apply to Me panned unit development, each portion of the Act designated shall then be treated as if it were a separate district! zoned to permit, respectively, residential, business or uses. However, only one permit a planned unit development permY hall be issued for the entire development. (d) The nonresidential portions of any planned unit development may not be occupied until all of the residential portions of the development are Completed o their completion is assured by any o' the mechanisms provided in Article IV to guarant compiatioo. he purpose and intent of this provision is to ensure that the planned unit development procedure is not used, intentionally or unintentionally, to create nonresidential uses in areas generally zoned for residential' uses except as part of an integrated and well -planned, primarily residential, development. Section More 02 fic gag Contt_ols_ Whenever a development could fall within more than one use classification in the Table of Permissible Uses (Section ). the classification that most loge and most specifically describes the development controls. For example, a small doctor's office or clinic clearly fall= within the 3.110 classification (Office and service O ope:-ation_conducted entirely -indcor=_ designed to attyact cus.ome: or clients to the premises). However, classification ? 1.3'% Physicians and dentist offices and clinics occupying not more trials 10,000 square feet of gross floor area more specifically covers this use and therefore is controlling. Sections tht ough Reseroed ARTICLE IX [D 0 Fart I. Zoning Districts Section Residential Districts Established. ------- ----------- --------- ----------- (a) The following residential districts are hereby established: R-15, R-10, R-10A, R-8, and R-6. The purpose of each residential district is to secure for the persons.who reside there a comfortable, healthy, safe and pleasant environment in which to live, sheltered from incompatible and, disruptive activities that properly belong in nonresidential districts. (b) The R-15, R-10, R-10A, R-8 and R-6 districts differ primarily in the density allowed as determined by the. minimum lot size requirements set forth in Section. RA-15 Residential - single family homes with 15,000 square foot minimum lots RA-10 Residential - single and two-family homes with 10,000 square foot minimum lot for 1 family dwellings and 15,000 square feet for 2 family dwellings RA-10A - Single, two and multi -family dwellings plus RA-ILC uses Density and lot sites the sane as RA-10. RA-8 Residential - Single, two and multi -family dwellings with O 8,000 square foot minimum for one unit and 12,OOC squad_ feet For - two units; multi - family density maximum is approximately 10.6 units per acre (based on a 5 acre tract). RA-6 Residential - Single, two and multi -family dwellings, hospitals, trailer parks with 6,000 square foot minimum lots for one dwelling, 8,000 for two-family and a multi -family density of 21.2 dwelling units per acre (based on a 5-acre tract). Trailer parks are apparently limited to a gross density of 8 units per acre in accordance with Section 8.2.d. Section Office and Institutional Districts Established ------- ------ ------------------------------------ 0&I Office and Institutional - allows single family dwellings, boarding houses, offices, colleges, schools and similar uses. Section _ Manufacturing Districts Established. (a) The following districts are established primarily to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment. I-1 Industrial - manufacturing, processing ranging from light to very intense operations. 01 and related uses -2 Industrial - warehoos i ng , manufacturing and heavy commercial uses. Section C•Jl1lfYlei`�.131 Dis�rict=_ E��ablished The districts enumerated below are hereby created to the purposes and serve the objectives indicated: B-1 Central Business District - allows a wide range of commercial uses including: retail sales, banks, food services, hotels, motels, offices, limited/small scale manufacturing for sale on premises, personal services, public buildings, recreational facilities. Screening/buffer required where district abuts residential zone. B-2 Central Business District - All 0&1 district uses: most B-1 uses, wholesale businesses, two family dwellings, multi -family dwellings, offices. Screening/buffer required where district abuts residential zone B-3 Commercial District - Most B-1, 9-2 uses, all 0&I uses, animal hospitals, auto storage and repair, outdoor advertising, two family and multi -family uses. Screening/buffer required where district abuts any residential zone. ` B-4 Neighborhood Business District - all residential zone uses, offices, personal services. Uses prohibited: light industrial uses such as building supply yards, petroleum bulk storage, auto storage, junkyards, uses omitting gas, fumes, odors, etc. B-4A - Neighborhood Shopping Center District - Most retail sales and services permitted - typically within a small shopping center_ Site plan required for rezoning. Section Planned Unit Development Districts Established -- ---- - ----- -- - ------ -------- - ------ ---- (a) There are hereby established different Planned Unit Development (P.U.D.) zoning districts as described in this section. Each P.U.D. zoning district is designed to combine the characteristics of at least two possibly three zoning districts. (1) One element of each P.U.D. district shall be the residential element. Here there are five possibilities, each one corresponding to the one of the following residential districts identified in Section R-15, R-10, R-10A, R-S, and R-6 within the portion of the P.U.D. zone that is developed for purposes permissible in a residential district, all development must be in accordance with the regulations applicable to the residential zoning district to which the particular P.U.D. zoning district corresponds. (2) A second element of reach P.U.D. district shall be the commercial one.) Here there are five possibilities each one corresponding to either the B--1, B-2, 0-3, B-47 or B-4A zoning districts established by Section 15-136. Within the 0 portion of a P.U.D. district that is developed for purposes 0 IES per"mi =-ibie Jr. a commercial district. a,11 dovaIapment mus t be i11. accordance with the regulations applicable tQ the commercial district to which the P.U.D. district cor:-espondis. (3) A manufacturing element may be a third element of any P.U.D. district. Here there are two alternatives. The first is I Uscs permitted within the I-1 district would be permitted within the P.U.D. district. The second alternative is that uses permitted only within the I-1 or I-2 zoning districts would not be permitted. If an M-1 element is included, then within that portion of the P.U.D. district that is developed for purposes permissible in an I-1 district, all development must be in accordance with the regulations applicable to the I-1 district. )00 TABLE Or PER?•iISSIOLE USES %= permitted use S= special use C= conditional use nGCr'RTnTTnm [+n__IC nn ,n ^n ,nn na n on G nnT , , n , 112 R_Ll P._11n T_1 Residential 1.100 Single Family Residences z � z Z Z z Z Z , 1.200 Duplex z Z Z z z Z 1.300 Piultifamily Residences SC SC SC SC SC SC. 1.400 Group domes 1.410 Fraternities, ` Sororities, Dormi- tories, and Similar HOUSin i 1.420 homes for Handicapped) Z I Z Z I � Z z IIII Z i C S i or Infirm I i 1.430 hoarding [louses, Roominq Houses i I S S S S I 1.500 Temporary Residences 1.510 Hotels and Motels I I � C C C � 1.520 Tourist Homes and S S S S S S S I other Temporary Residences Renting Rooms for Relative- ly Short Periods of I ' Time 1.600 domes Emphasizing Special d Services, ce ,Treatment or D Supervision i 1.610 Nursing Care Homes, I IntermediatQ Care i S i TABLE OF PER MI SS I CLE USES I I S=S DESCRIPT10N RA-15 RA-10 RA-10a RA-8 RA-6 of i I � 1.620 Ha l fwav Houses 1 630 Chid Car H m s S S I S S 0 -1 B- _ 1. L_=.'l.._ ^=SIP ?-1._-?._..__. i e o e I 1.?00 Residential Subdivisions 1.POO Architecturally Integrated C C C I C C C C I Residential Subdivisions I l I { I Z Z Z Z 1.900 IlZ ome Occupation z .000; Sales and Rental of Goods, Mer- chandise and Equipment 2.100 No storage or display of goods outside fully en- z z z z z closed building 2.110 High -volume traffic generation I� _ C C _ C C C 2.120 Low -volume traffic z Z z z z generation C C C C C z Z z 2.130 Wholesale Sales C C C 2.200 Storage and display of z z z goods outside fully C C C enclosed building allowed 2.210 High -volume traffic generation i I I I I U 1 C TABLE OF PERIMISS,(3LE USES .300 1 nccrctnTIOKI „A ,r — nr,_inA PA-P T±n_F nr_•r B_l a_0 p_a P.-! R_L18 T_1 T-�) Z Z Z 2.220 Low -volume traffic C C C generation 7. 7 2.230 Wholesale Sales ___C—C- Office, Clerical, Research and z C z C Z C z C z C z C Services Not Primarily Related To Goods or Merchandise 3.100 All operations conducted entirely within fully ` enclosed building 3.110 Operations designed to attract and serve customers or clients on the premises, such as the offices of attorneys, phy- sicians, other. professions, insur- ance and stock brokers, travel agents, government office buildings, etc. 3.120 Operations designed z z z Z Z Z to attract little or no customer or C C C C C C client traffic other than employees of the entity operatin, the principal use 3.130 Offices or clinics z z Z Z Z Z of physicians or dentists with not I ,, more than 10,0,00 I ( I f O ^ Q TABLE Or P�Iuv,iSSI°LE USES l.J ISM': C tl�C('^1 f�Tl n,l RA-h RA-10 P,A- 10 "1 t C_P) P:A-r) C T P.-2 R-ll 3.130 cont. I square feet of gross floor area 'i 3.20;) Operations conducted wi th- in or outside f U I ly en- closed building z 1 3.210 Operations designed J C to attract and serve I customers or clients on the premises. i I_ 3.220 Operations designed to attract little or j; no customer or client traffic other z than the employees l of the entity ope r- C ating the principal Use. 3.230 banks with drive- in windows + I C C � C C C Manufacturin . Processlncj, 4.000 CreatiJ�F�Rairing, Renovating, Z Z Z z Z z Pais; 1ng, Cleaninq, Assemblin of C C C C .foods, Merchandise and Equipment I, 4.100 All operations conducted I entirely within fully enclosed building C I USµS DESCR!PTION i 4.200 Operations conducted with- in or outside fully en- closed building 5.�00 Educational Cultural, Religious, Philanthropic, Social, Fraternal Uses !!f 5.100 Schools I 0 TABLE Or PERi•iISSIGLE USES RA-15 RA-10 RA-10A Rh-8 RA.-6 O&T B-1 B-2 B-3 B-4 B-uA 1-1 T-2 ( Z Z C C 5.110 Elementary and I: secondary (includin C associated grounds and athletic and other facilities 5.120 Trade or vocational schools I 5.130 Colleges, univer- sities, community colleges (including associated facili- ties such as dormi- tories, office buildings, athletic fields, etc. 5.200 Churches, synagogues and temples (including associ Z ated residential struct- ures for religious per- C sonnel and associated buildings but not includin, eienentary ;-.ciwol or secondary school buildingq a C I C I C I C I C I C 1 C I C C C C C Z Z ( Z. Z Z Z C C C C C C C C C Z C .SiS DESCRIPTION TABLE OF PER!ISSI[1LE USES RA-15 RA.-10 RA—..10A RA-b RA-b 0&1 B-1 B-4 B-UA. I--1 I-2 I - 5.300 Libraries, museurs , art I . I galleries, art centers and sii;iilar uses (including Y associated educational and S S S S S S S S s s s instructional activities) 5. 310 Located ,•; i th i n a building designed and previously occupied as a res- idence or within a I I building having a gross floor area not in excess of 3,500 square feet 5. 320 Locate-_d within any Z z z i Z z Z permissible struct- ►: re 5.100 Social, fraternal clubs 1 and lodges, union halls, and similar uses s s s s ' s Recreation, Amusement, Entertain- ment 6.100 Activity conducted entire- ly %..ithin building or sub- stantial structure 5.110 Bowling alleys, skating rinks, in- Z Z z Z Z door tennis and squash courts, C C C C C billiards and pool halls, indoor athletic and ex- ercise facilities I • . • • .. .- - - i ' } I � p , TABLE OF PcR-MISLG USES " l.f � nrr nn7nTtn�� nn ,c nn ,n •• nn V)A 6n-R R8-h nP.T R-1 R-2 3-,� B-4 B-4A I-_ I-2 •• 6.120 Movie theatres 6.121 Seating Z Z Z Z Z i Capacity of I lot More Than 300 , C C C C C 6.122 Unlimited Z Z Z Seating C C C Car)aci tv i 6.130 Coliseums, stadiums. j and all other facilities listed C C c in the 6. 1 QQ classification designed to seat or accomodate simultaneously. more then 1,000 oeo)le ` TABLE OF PERMISSIBLE USES USES DESUIPTION RA-15 RA-10 R�:-101; RA-�i RA-o 0&1 --- — — ---I_ .. I - - . • __ I —I 6.200 Activity conducted primar- ily outside enclosed buildings or structures 6.210 Privately owned outdoor recreation- al facilities such as golf and country S clubs, swimming or tennis clubs, etc.,l not constructed pur- suant to a permit authorizing the construction of some residential development _ 6.220 Publicly otmed and operated outdoor recreational facil- ities such as athletic fields, golf courses, C tennis courts, swimming pools, parks, etc., not constructed pur- suant to a permit authorizing the construction of another use such as Golf driving range_ not accessory to golf courses, Par (' 3 go'` courses, c miniature golf courses. Skafp- S I SISIS1, C C .0 n h n 11 n T i _ I USES I 7.000 1,1 I o �� o TABLE OF PER!•17'SS1aLE USES f nrcrPTOT70n RA-1S PA-10 Pn_mA PA-2 RA-Fi m.T R-1 R-2 B-? R_-4 B-4A I-1 I-2 6.230 (coat.) board parks, hater slides, and similar uses. --. 6.240 Horseback riding. stables (not con- structed pursuant S S S S S S S S S S S S S to permit author- izing residential development 6.250 Automobile and i motorcycle racing S tracks 6.260 Drive-in movie S S theatres , Institutional Residences or Care ar Confinement Facilities C 7.100 Hospitals, clinics, other medical (including mental health) treatment facili- ties in excess of 10,000 square feet of floor area 7.200 Nursing Care Institutions, intermediate Care Institu- C C C C. I C C tions, Handicapped or Infirn Institutions, Child Care Institutions 7.300 Institutions (other than �� I ! halfway houses) where mentally ill persons are I C I , confined and Correctional rI - --I • I -- 9.Q00 0 TABLE 0F fERiiISSI!' c USLS USCRIPTIOM RA-15 RA-10 RA.-10A RA-8 RA-6 0&I B-1 B-2 n- � B-4 R-NA I-1 I-2 Restaurants, Bars, eight Clubs 8.100 No substantial carry -out service, no drive-in z z S S service, no service or consumption outside fully enclosed structure I 8.200 No substantial carry -out service, no drive-in S S S S service. Service or con- sumption outside fully enclosed structure allowed � 8.300 Carry -out service, con- sumption outside fully S enclosed structure allowed 8.400 Carry -out service, drive- in service, service or consumption outside fully S enclosed structure a11owe c� Motor Vehicle -Related Sales and z z z Service Operations C C C 9.100 Motor vehicle sales or rental or sales and service 9.200 Automobile service z z :z z z z . z stations C C C C z z Z z z z z 9.300 Gas sales operations C C C C C 9.400 Automobile repair shop or _ z z z z __.._ . bodY..shop . C C i cE*t nrgrR iPTT0hI TABLE Or PERMISSIBLE USES Rt-1S PA- ln RA-10A RA-9 RA-6 mT P,-1 P-2 P-'� P,-4 R-NA T-1 T-2 I 8.000 Restaurants, Bars, Niqht Clubs I i 8.100 No substantial carry -out ' service, no drive-in service, no service or I consumption outside fully _ enclosed structurel� I 8.200 No substantial carry -out service, no drive-in service. Service or con- sumption outside fully ienclosed structure alloied, 8.300 Carry -out service, con- I sumption outside fully enclosed structure allowed, - 8.400 Carry -out service, drive- in service, service oi- { consumption outside fully enclosed structure allowe i - 9.000 Motor Vehicle -Related Sales and Service Operations 9.100 I•iotor vehicle sales or rental or sales and j service 9.200 Automobile service stations 9.300 Gas sales operations 9.400 Automobile repair shop or I I _�_ body_ `hc" _ ... -- - •- -- -- _--_— _ - -- - -------- 0 O �Z TABLE OF f ERIIIISS101-E USES DESCRIPTIDN NA-15 RA-10 RA-l0A RA-8 RA-6 0&I B-1 B-2 B- 3 B-4 B-!IA T-•1 T-2 9.500 Car wash z z z Z Z 0 000 Storage and Parting z Z z z z z i Z 1 i 10.100 Automobile parking garage or parking lots not locat d i' on a lot on which there i another principal use to %•,hick the parking is rela ed — I. 10.200 Storage of goods not ! related to sale or use of those goods on the same lot %.,here they are stored i I' 10.210 All storage i•,ithin I; completely enclosed structures j 10.220 Storage inside or outside completely enclosed structures 10.'300 Parking of vehicles or storage of equipment out- side enclosed structures where: (i) vehicles or equipment are owned and used by the person making use of lot, and (ii) parking or storage is more than a minor and inciden- tal part of the overall use made of the lot 11.000 Scrap Materials S-I wage Yards, bards, Automobile Gravey,�r,,'••' C C S I I I USES 2.000 3.000 TABLE OF PFRI•iISS:10LE: USES DFSCRIPTTON - RA-15 W..-10 RA- 10A RA-b RA-b OUSI- B-1 Services and Enterprises Related to Animals I S 12.100 Veterinarian R-2^ B_3— Z B_4 Z B-IIA I-1 S I_2 - S 12.200 Kennel Emergency Services S S S 13.100 Police Stations C C C C C C z Z Z Z z I z 13 200 Fire Stations 13.300 Rescue Squad, Ambulance C S C I S C S+ i C � C Z I Z Z Z Z z I Z ~Z I Z Z~I Z z Z z Service �_ S S I S I I_ 1 I . S j S � ___�I__ S I S _- 13.a.0 0 Civil Defense Operation I I S S z Z Z z z, z i z Agricultural, Silvilcultural, Ilining Quarrying Operations 14.100 Agricultural operations, farming I �_ 14.110 Excluding Live- stock 14.120 Includinq Livestoci: 14.200 Silvicultural operations C 14.300 Mining or quarrying opera- tions, includinq on -site 14.400 Reclamation landfill 115.000 i•liecellaneous Public and Semi - Facilities `z C Z 0 TARLE OF P`.J SIBLE USES i� -, r% crfhlnr7rlll nr._lC: PA —In RL-1�l1 RA-P, RA-6 O,•I B-1 B-2 B-3 B-4 B-4A I-1 I-2 TVA l/1.J4.I .. I • I• 15.100 Post Office -_ --• ! z z ! z I z z _ . 15.200 Airport 1 C C C Cs _ C 15. IL► v N i:L! Por• 15.300 Sanitary landfill , ( C 1 C C f 15.400 Military Reserve, National Guard Centers ;16.000 Dry Cleaner, Laundromat , J I f Z Z Z Z Z Z Z �17.000 Utility Facilities ` 17.100 Ile i ghborhood I S ` I I S I S S S S I S I S S S LS. I z z 17_200 Co►rnunity or Regional _---; l — _S S 10.000 Towers and Related Structures � 18.100 Towers and antennas fifty feet tall or less ( Z Z z z z z z z Z z Z` z z 18.200 Towers and antennas more than fifty feet tall and receive -only earth stations C I^C C � C C C C j C I C C f C C C 19.000 Gpen Air Markets (Farm and Craft Markets, Flea Markets. Produce Markets S S z C 0.000 Funeral home 1 �► _I S ^`( Z 21.000 Cemetery and Crematorium i. — � ' s �Iz � 21_ 100 CerneterY i S I 21.200 Crematorium _ — --I_ z I Z Z z Z 2.000 Hursery Schools, Day Care Centers! . S S S S, S S 0 TABLE OF - PERIII SS I BLE USES USCS DESCINPTION F;P.-15 R1:-10 N;:_lUn RA-8 RA-b U&1 B-1 B-2 0-3 B_4 B-NA 1-1 '-_� 2 3. 000 Temporary Structures Used in Connection With the Construction Z I Z ' Z Z I Z Z Z Z Z Z Z Z* Z of a Permanent Building or for I Some Non -Recurring Purpose _ 24.000 Bus Station S S S �25•.000 Commercial Greenhouse Operations I S ( Z Z 21. 100 No gn-nremi ses sal es 25.200 On -premises sales ermitted _ _ _ I _ Z _ Z 126.000 Nonresidential Subdivisions 26.100 Standard nonresidential C C C C C C subdivisions- 26.200 Architecturally integrate gqf I nonresidential subdivisions C C C ( C C C 27.000 Combination Uses j I i II ?8.000 Planned Unit Developments ZSC ZSC ZSC I ZSC `ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC I �3 QARTICLE x SUPPLEMENTARY USE REGULATIONS Part I. Manufacturing/Processing Performance Standards Section Performance Standards for Use Classification 4.000 Uses (a) Zoning regulations typically attempt to classify and sea_reaate various types of uses according to their differing impacts. For example. residences are usually allowed in one zone and manufacturing plants in another because it is perceived that the impact of the latter (in terms of noise, smoke, qlare, vibration, etc.) would be detrimental to the former. Because the impacts associated with certain types of uses are well recognized e.g., retail uses, residential uses, office uses --it is possible to regulate impacts indirectly by controlling the type of use permissible in various zoning districts. But with respect to the wide variety of impacts possible within the 4.000 use classification (manufacturing, processing, etc.), it is not feasible to use an indirect method of controlling impacts, and therefore this part attempts to control impacts associated with the 4.000 classification of uses directly by establishing the performance standards set forth in this part. (b) For the reasons set forth in subsection (a), it is necessary to use performance standards to determine what types of 4.000 classification uses should be permissible in various zoning districts. However,:the use of per- f formance standards involves advance prediction of the extent to which a pro- posed development will p generate negative impacts, and subsequent monitorine to determine the actual extent of such impacts. Because this advance prediction and subsequent verification may be cumbersome, time-consuming, and expensive, performance standards are applied only to uses within the 4.000 classification. However, the fact that (for example no performance standard sets the maximum level of smoke or vibration that may be associated with a*residential or retail development is not to be interpreted as a lack of concern about such impacts, but merely a recognition that such impacts are not typically generated by these types of developments and that the administrative costs of applying performance standards to all types of uses exceed the benefits to be derived from such an approach. Section .. Smoke. (a) For the purpose of determining the density of equivalent op -city of smoke, the Ringlemann Chart, as adopted and published by the United States Department of Interior, Bureau of Mines Info. Circular 8333, May 1967, shall be used. The Ringlemann number referred to in this section refers to the number of the area of the Ringlemann Chart that coincides most nearly with the visual density of equivalent opacity of the emission of smoke. observed. For example, a reading of Ringlemann Flo. 1 indicates a 20' density of the smoke observed (b) .All measurements shall, be taken at the point of emission of the smoke. (c) In the B-1, B-2, B-3, B-4 and all PUD districts, no 4.000 classi- fication use may emit from a vent, stack, chimney, or combustion process any smoke that is visible to the naked eye. (d) In the :."- district, no 4.000 classification use may emit from a vent, stack, chimney, or combustion process any smoke that exceeds a density or equivalent opacity of Ringlemann No 1, except that an emission that does not exceed a density or equivalent Capacity of Ringlemann No 2 is permissible for a duration of not more than four minutes during any eight hour period if the source of such emission is not located within 250 feet of a residential district. (e) In the 1—Z district, no 4.000 classification use may emit from a vent, stack, chirrey, or combustion process any smoke that exceeds a density or equivalent Capcity of Ringlemann No 2, except that an emission that does not exceed a density or equivalent a pacity of Ringlemann No 3 is permissible for a duration not more than four minutes during any eight hour period if the source of emission is not located within 500 feet of a residential district. Section . Noise. (a) No 4.000 classification use in any permissible business district may generate noise that tends to have an annoying or disruptive effect upon 0 ) uses located outside the immediate space occupied by the 4.000 use if that use is one of several located on a lot, or (ii) uses located on.adjacent lots. (b) Except as provided in subsection(f), the table set forth in subsection (e)establishes the maximum permissible noise levels for 4.000 classification uses in the l:- j and :r-z districts. Measurements shall be taken at the boundary line of the lot where the 4.000 classification use is located, and, as indicated, the maximum permissible noise levels vary according to the zoning of the lot adjacent to the lot on which the 4.000 classification use is located. (c) A decibel is a measure of a unit of sound pressure. Since sound waves having the same decibel level "sound" louder or softer to the human ear depending upon the frequency of the sound wave in cycles per second (i.e., whether the pitch of the sound is high or low) an A -weighted filter constructed in accordance with the specifications of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level meter taking measure- ments required by this section. And accordingly, all measurements are expressed in dB(A) to reflect the use of this A -weighted filter. (d) The standards established in the table set forth in subsection (e) are expressed in terms of the Equivalent Sound Level (Leq), which must be calculated by taking 100 instantaneous A -weighted sound levels at ten second intervals (See and computing the Leq in accordance with the table set forth in (e) Table of Maximum Permitted Sound Levels, dB(A). Zoning of Lot Where 4.000 use located =-i S Z. Kesiaent :0 a.m. 7:00 p.m. kre: 0.0002 Zoninq of Ad iT7 Microbar) acent Lot 61, 1i:u p.m.- B3, 7:00 a.m. 50 45 50 1 45 B2 B-4, 55 60 � 2=Z 60 65 65 70 O(f) Imnact noises are sounds that occur intermittently rather than continuously. impact noises generated by sources that do not operate more than one minute in any one hour period are permissible up to a level of 10 dbA in excess of the figures listed in subsection (e), except that this higher level of permissible t noise shall not apply from 7:00 p.m. to 7:00 a.m, when the adjacent lot is zoned residential. The impact noise shall be measured using the fast r response of the sound level meter. (g) Noise resulting from temporary construction activity that occurs between 7:00 a.m, and 7:00 p.m. shall be exempt from the requirements of this section. Section Vibration. (a) No 4.000 classification use in any permissible business district may generate any ground transmitted vibration that is perceptible to the human sense of touch measured at (i) the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot, or (ii) the lot line if the enterprise generating the vibration is the only enterprise located on a lot. (b) No 4.000 classification use in an S-1 or 1-1, district may, generate any ground transmitted vibration in excess of the limits set forth in subsection (e). Vibration shall be measured at any adjacent lot line or residential district line as indicated in the table.set forth in subsection (d). (c) The instrument used to measure vibrations shall be a three component measuring system capable of simultaneous measurement of vibration in three mutually oerpendicular directions. (d) The vibration maximums set forth in subsection (e) are stated in -terms of particle velocity,which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following J formula shall be used: P.V. = 6.28 F x D P.V. = Particle*Velocity, inches per second F = Vibration frequency, cycles per second D = Single amplitude displacement of the vibration, inches The maximum velocity shall be the vector sum of the three components recorded. (e) Table of Maximum Ground Trasmitted Vibration Particle Velocity, Inches Per Second Zonina District Adjacent Lot Line Residential District -1 0.10 Z-2 0.20 0.02 0.02 (f) The values stated in subsection (e) may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second between pulses. (g) Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section. Section Odors. (a) For purposes of this section, the "odor threshold" is defined as the minimum concentration in air of a gas, vapor, or particulate matter that can be detected by the olfactory systems of a panel of healthy observers. f (b) No 4.000 classification use in any district may generate any odor that reaches the odor threshold, measured at: v (1) The outside boundary of the immediate space occupied by the enterprise generating the odor (2) The lot line if the enterprise generating the odor is the only enterprise located on a lot. Section Air Pollution. (a) Any 4.000 classification use that emits any "air contaminant" (as defined in G.S. 143-213) shall comply with applicable State standards concerning air pollution, as set forth in Article 21B of Chapter 143 of the North Carolina General Statutes. (b) No zoning, special use, or conditional use permit may be issued with respect to any development covered by subsection (a) until the State Division of Environmental Management has certified to the permit issuing authority that the appropriate State permits have been received by the developer (as provided in G.S. 143-215.108) or that the developer will be eligible to receive such permits, and that the development is otherwise in compliance with applicable air pollution laws. Section Disposal of Liquid Wastes. (a) No 4.000 classification use in any district may discharge any waste contrary to the provisions of G.S. 143-214.2. (b) No 4.000 classification use in any district may discharge into the sewage treatment facilities any waste that connot be adequately treated by biological means. Section Water Consumption. No 4.000 classification use that requires for its operations a daily average of more than _ gallons of water per employee is permissible in any district. Section Electrical Disturbance or Interference. No 4.000 classification use may: (1) Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance; or (2) Otherwise cause, create, or contribute to the interference with electronic signals (including television, and radio broadcasting trans- missions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected. Section throUgh. Reserved. Part II. Miscellaneous Supplementary Use Provisions Section _ Neiahborhood Utility Facilities. (a) As provided in Section .;3), neighborhood utility facilities located within a public right-of-way with the permission of the owner of the right - of -}lay (state or Citj)do not require a zoning, special use, or conditional use permit. (b) Neighborhood utility facilities may be located on any size lot without regard to the minimum lot size requirements set forth in Article XII. However, if a substandard size lot is created after the effective date of this chapter to accomodate neighborhood utility facilities, then such a lot shall not there- after be regarded as a legitimate nonconforming lot for purposes of Section 15- 123. The plat creating such a substandard -lot -shall bear a notation indicating that use of the substandard lot is restricted to utility purposes by this sub- section. (c) Neighborhood public facilities shall be permissible in any district only if such facilities: (1) Do not exceed six feet in height; and (2) Do not generate any noise, smoke, odor, vibration, electrical interference, or other disturbance that is perceotible beyond the boundaries of the lot where such facilities are located or that adversely affects the use of adjoining or neighboring properties. Section Special Events. (a) In deciding whether a permit for a special event should be denied for any reason specified in Subdivision or in deciding what additional conditions to impose under section the Board shall ensure that, -(if the special event is conducted at all): (1) The hours of operation allot.:ed shall be compatible with the uses adjacent to the activity. (2) The -amount of noise generated shall not disrupt the activities of adjacent land uses. (3) The applicants shall guarantee that all litter generated' by the special event be removed at no expense to the City (4) The Board shall not grant the permit unless it finds that the parking generated by the event can be accommodated Q without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners. (b) In cases where it is deemed necessarv, the Board may require the applicant to post a bond V- ensure compliance with the conditions of the ---—condi-t-iorra-l—use—permi-t.--------------------------- -- ---_ (c.) If the permit•aoolicant requests the City to provide extraordinary servicl or equipment or if theCity manager other: -rise determines that extraordinary services or equipment should be provided to protect the public health or safety,— th�„�pp�i.cant shall be required to pay to the City a fee sufficient to reimburse the" City for the costs of these services. This requirement shall not apply if the event has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred. Section through Reserved: 07 Article DENSITY AND DIMENSIONAL REGULATIONS Section Minimum Lot Size Reauirements . Subject to the provisions of Sections (Cluster Subdivisions) and (Architecturally Integrated Subdivisions), all lots in the follawin g zones shall have at least the amount of square footage 'indicated in the following table: Zone Minimum Square Feet RA-15 15,000 RA-10 10,000 RA-10A 10,000 RA-8 8,000 RA-6 6,000 0&I 6,000 B-1 3,000 if used for residential purposes, otherwise no minimum B-2 3;000 if used for residential purposes, " otherwise no minimum - B- 3 No minimum B-4 Same as the requirements for the adjacent residential zone having the lowest square footage requirement B-4A 5,000 1 T-1 No minimum T-2 No minimum Section Residential Density. (a) Subject to the provisions of Section (Cluster Subdivisions) , and (Architecturally Integrated Subdivisions), every lot used for single family residential purposes shall have at least the number of square feet indicated as the minimum permissible in the zone where the use is located, according to Section (Minimum Lot Size Requirements) . (b) Subject to Section (next section) every lot developed for duplex or multi -family residential purposes shall have the nurser of square feet per dwell- ing unit indicated in the following table. In determining the number of dwelling units permissible on a tract of land, fractions shall be rounded to the nearest whole number. Zone ftLnimum Square Feet Per Dwelling Unit Multi -Family and Duplex RA-10 7,500 RA-10A 10,000;first unit; 5,000 ea. additional unit RA-8 8,000;first unit;4,000 ea. additional un_ RA-6 6,000;first unit;2,000 ea. additional un; O B-1 3,000 B-2 3,000 0 !01 (c) In any district where such use is permitted, a use that falls within the 1,400; 1.520; or-1.600 classifications- and is designed to accommodate not more than seven resi dents is permissible on a lot having at least the minimum number of square feet for a lot in that district (see Section ). If a lot is larger than the minimum lot size required for that particular district, then, subject to the definitional limitations, the number of residents that any of the foregoing uses may have on such lot is seven plus the number derived from the following formula: Onount of square footage in lot) - (Minimum lot size for that district) .5 Minimum square feet per dwelling unit for multi -family developments in that district) Fractions shall be rounded to the nearest whole nurrber. Section Residential Density in RA-10A Zoning. (a) Land that is zoned RA-10A may be developed in the same manner and at the same density as land within an RA-10 zoning district. However, the provisions of this section are designed to encourage development that furthers the City's housing goals by offering density bonuses for such development: (b) A major housing goal -of the City is to obtain in the community a sufficient nurrber of housing units by type, style and price to afford residents a suitable dwell- ing of their choice. To the degree that a development- meets one or more of the per- formance criteria set forth below, it helps to further this housing goal and therefore should be entitled to a density bonus deteraned in acc6rdance with subsection (c). (1) The development consists of at least thirty but less than eighty percent ownership units. Each undeveloped lot in a residential subdivision as well as each single-family residence shall be considered an ownership unit. Condomi niurrs shall also be considered ownership uni is . (2) The development offers at least three different nurrber-of-bedroom options, with each type comprising at least ten percent of the total number of dwelling units. Lots intended for sale in their undeveloped state shall not be considered for purposes of this performance criteria. (3) The development offers a variety of the following six residential building styles: (i) single-family on lots 7,500 square feet or greater, (ii) single-family on lots smaller than 7,500 square feet, (iii) one-story multi -family or duplex, (iv) two or three- story multi -family or duplex, each unit having a separate ground level entrance, (v) two or three-story multi -family or duplex, each unit not having a separate ground level entrance, and (vi) multi -family high rise (i.e. four or more stories). This per- formance criteria may be satisfied at the follcJaing three levels: a. Two building styles ( thirty percent minimum, each style) b. Three building styles (twenty five percent minimum, each style) . C. Four or more building styles (fifteen percent minimum for each of at- least four styles). (c) Residential developments in the RA-10A zoning district that meet one or more of -the pe formance criteria described- in subsection (b) may be developed - according to the density set forth below. Notwithstanding Subsection (b), the total density of the development shall be determined by dividing the total area of the lot to bz developed by the appropriate fiEure of square feet per c,4ellino unit, and rounding off to the nearest whole number. MINIMUM SQUARE FEET PER DIELLING UNIT No b (3) (b) (3)a (b) (3)b (b)(3)c C'ri fari n Mai- Mo`. Nat Mat Neither W 1) Nor (b) (2) Met —7,000 S.F. 5-X0 S.F. 3,500 S.F. (b)(1) or (b)(2) Met 7,000 S.F. 6 000 S.F. 4 000 S.F. 3,000 S.F. (d) When a developer takes advantage of the density bonuses offered in this section and part of the development consists of- a single-family residential subdivision, the 10,000 square foot minimum lot size may be reduced pursuant to Section (cluster subdivisions) and (Architecturally Integrated Subdivisions) , but, notwithstanding anything to the contrary in these sections, the land "saved" by reducing lot size need not be set aside as usable open space. Section Density On Lots Where Portion Dedicated to City. (a) Subject to the other provisions of this section, if (i) any portion of a lot lies within an area designated on any officially adopted City plan as part of a proposed public park, greenway, or bikeway, and (H) before the lot is developed, the owner of the lot, with the concurrence of the City, dedicated to the City that portion of the lot so designated, then, when the remainder of the lot is developed for residential purposes, the permissible density at which the remainder may be developed shall be calculated by regarding the dedicated portion of the original lot;as if it were still part of the lot proposed for development. (b) If the portion of the lot that remains after dedication as provided in subsection (a) is divided in such a way that the division either does not constitute a subdivision or constitutes only a minor subdivision (as these terms are defined in Section ) , then, when each of the lots so created is later developed for residential purposes, the permissible density at which each lot may be developed shall be calculated ire the following manner: (1) Divide the area of the particular lot in question by the total area of the portion of the original lot not dedicated to the City. (2) Multiply the fraction derived from step (1) above times the total area of the dedicated portion of the original lot. (3) Regard the area derived from the calculation in step (2) above as if it were part of the lot in question and calculate the density on the basis of this combined area. (c) In no case may the density permitted under this section exceed a level of fifteen dwelling units per acre. Section Minimum Lot Widths. (a) No lot may be created that is so narrow cr othen-rise so irregularly shaped that it would be improcticable to construct on it a building that: (1) Could be used for purposes that are permissible in that zoning district; and (2) Could satisfy any applicable setback requirements for that district. (b) Without limiting the generality of the foregoing standard, the following minimum lot widths are recommended and are deemed presumptively to satisfy the standard set forth in subsection (a). The lot width shall be measured along a straight line connecting the points at which a line that demarcates the required setback from the street intersects with lot boundary lines at opposite sides of the lot. Zone Lot Width RA-15 100' RA-10 - 80' first unit; 10' each additional unit RA-10A 80' first unit; ..10' each additional unit RA-8 70' first unit; 10' each -additional unit RA-6 - 60, first unit; 10' each additional unit 0 & I 60' B--1 None B-2 None B- 3 75' B- 4 75' B-4A 75' 100, I-2 100, (c) No lot created after the effective date of this chapter that is less than the recoc^-rended width shall be entitled to a variance from any building set- back requirement. Section Building Setback Requirements. (a) Subject to Section (Architecturally Integrated Subdivisions) and the other provisions of this section, no portion of any building or any free- standing sign_ may be located on any lot closer to any lot line or to the street right-of-way line or centerline thah is- authroized in the table set forth below. If the street right -of way line is readily determinable (by reference to a recorded map, set irons, or ther means); the setback shall be measured from such riE�zt-of-way line. If the right-of-way line is not so determinable, the setback shall be measured from the street centerline. The term "lot boundary line" refers to lot boundaries other than those that abut streets. o' Minimum Distance From Lo. Boundary Line minimum Distrance From Minimum Distance From B,„i lding and Freestanding *Zone Street Rijcht Way Line Street Centerline Siam Frees tending Freestanding Side Lot Rear Lnt (� Building Sian Building Sian Boundary Boundary RA-15 :' 35' 1.75' 65' 47.5' 20' 35' RA-10 25' 12.5' 55' 52.5' 12' 25' RA-10A 25' 12.5' 55' 52.5' 12' 25' RA-8 25' 12.5' 55' 52.5' 10, 20' . RA-6 25' 12.5' 55' 52.5' 10, 20' 0 & I 25' 12.5' 55' 52.5' 10, 20' B-1 -- --- 30' 30' -- -- B--2 -- --- 30' 30' -- -- B-3 30' 7.5' 60, ? 67.5' -- -- B-4. 30' 7.5' 60, 67.5' -- -- B-4A 30' 7.5' 60' 67:5' --- -- I-1 30' 7.5' 60' 67.5' 25' 35' I-2 30' 7.5' 60, 67.5' 35' 35' *Zones located within the Historic District are governed by the Historic District Ordinance. See Section New Bern Historic District. (b) V.hl enever a lot in a nonresidential district has a common boundary line with a lot in a residential district, then the lot in the nonresidential district shall be required to observe the property line setback requirements applicable to the adjoining residential lot. (c) Setbadk distances shall be measured from the property line or street centerline to a point on the lot that is directly below the nearest estension of any part of the building that is substantially a part of the building itself and not a mire appendage to it (such as a flag -pole, etc.). (d) [whenever a private road that serves more than three lots or more than three dwelling units or that serves any nonresidential use tending to generate traffic equivalent to more than three crelling units is located along a lot boundary, then: (1) If the lot is not also bordered by a public street, buildings and freestanding signs shall be set back from the centerline of the private road just as if such road were a public street- (2) If the lot is also bordered by a public street, then the setback distance on lots used for residential purposes (a8-'set forth above in the column labeled "Minimum Distance from Lot Boundary Line) shall be measured for the inside boundary of the travelled portion of the private road. Section -Building Height Limitations. (a) For purposes of this section: (1) The height of a building shall be the 'vertical distance measured from the mean elevation of the finished grade at the front of the building to the hi finest point of the building. (2) At point of access to a roof shall be the top of any parapet wall or the lowest point of a roof's surface, whichever is greater. Foof's with slopes greater than seventy-five percent are regarded (b) No b- uildinS in the RA=10A zo.":in� district r^iv exceed a hei htl of 10 feet; no uiidin s in any other za�iing district may exceed a reig�it of thirty-five ( ► feet; :Iuildin;`i b:ithin the Historic District shall observe the prescribed heiLtt �J regulations. ((-,) Not:aiths landing subsection (b) , in any zoning district the vertical distance from the ground to a point of access to a roof surface of any non- residential building or any multi -family residential building containing four or more dwelling units may not exceed thirty feet unless the fire chief certifies to the permit -issuing authority that such building is designed to provide adequate access to fire fighting personnel or the building is otherwise designed or equipped to provide adequate protection against the dangers of fire. Section Cluster Subdivisions. (a) in any single-family residential subdivision in the zones indicated belo:.r, a developer may create lots that are smaller than those required by Sub- section ('iinimum Lot Sizb Requirement) if such developer complies with the provisions of this section and if the lots so created are not smaller than the r'inir.:ums set forth in the follaaing table : Zone F'1niQ:'.,1.'.". Square F-et rn-o 6,000 RA-10 7,500 RA- 10A 7,500 EA-15 11,25-0 (b) The intent of this section is to authroize the developer to decrease lot sizes and leave the land ."saved" by so doing as usable open space, thereby laaering development costs and increasing the amenity of the project without increasing the density beyond what would be permissible '_f t1he lend were sub- divided into the size lots required by Section (!�Iinimurn Lot Size Require- r..ents ) (c} The amount of usable open space that must be set aside shall be determined by: (1) Subtracting from the standard square footage requirement set forth in Section the amount of square footage of each lot that is smaller than that standard; (2) Adding together the results obtained in (1)for each lot. (d) The provisions of this section may only be used if the usable open space set aside in a subdivision comprises at least 10,000 square feet of space gnat satisfies the definition of usable open :_,pace set forth in Section (Usable Open Space) and if such usable open space is othenaise in compli;--'1ce with the provisions of Article (Recreaticnal Facilities and Open Space O W The setback req'urement3 of erection shall apply in Cluster subdivisions. (Sui iding Setback Requirements) SeU�l:�.• prChi tE'^tUY,a1li. I' tEatnd S1: 1 d1v13oE1S a) In inV architectural'iv inter -rated :Ubi1v1S1on, the deve_oper r:ay-create lots and construct buildings without regard to any minim,Lm r lot Slime or, SEt`.°3 ''.< reStT-icticns except that: (1) Lot boundary setback requi rements shall apply cohere and to the extent that the subdivided tract abuts land that is not part of the subdivision; and 2 IS (2') Each lot must be of suffiecient• size and dimensions that it can support the structure proposed to be located on it, consistent with all other applicable requirements of this chapter. (b) The purpose of this section is to provide maximum flexability, con- sistent with the public health and safety and without increasing overall density to the developer who subdivides property and constructs single-family dwellings on the lots created in accordance with a uni fled and coherent plan of development. (c) The amount of land "saved" by creating lots that are smaller than the standards set forth in Section (Minimum Lot Size Requirments) shall be set aside as usable open space in the same manner and according to the same restrictions provided in Section for cluster subdivisions. (d) Notwlthstarding the other provisions of this section, if in an architecturally integrated subdivision all the land other than that in common cwnership is divided into lots that are no larger than the building located on them, then he density permitted within such development shall be calculated just as if the project were a multi -family development. Sections throw Reserved i ' J RECREATIONAL FACILITI PAD OPE^! SPACE Section Miniparks Required. (a) Subject to subsection (c), all residential developments shall pro- vide (through dedication or reservation, see Sections Ownership and Main... Open Space and Dedication of Open Space) recreational areas in the form of mini -parks as described in Section'Minipark:Purpose and Standards) in an amount equal to .0025 acres (108.9 square feet)- per person expected to reside in that development (as determined in accordance with subsection (b). Such recreational areas shall be provided in addition to the open space areas required by Section Usable_ Open Space. (b) For purposes of 'this section, single-family residences shall be deemed to house an average of 2.95 persons and multi -family developments shall be deemed to house an average of 1.9 persons per dwelling unit. (c) The Board finds that the minimum approximate size lot that can use- fully be developed for rebreational purposes and that can be made compatible with the surrounding area is approximately 10,000 square feet in subdivisions and 2,000 square feet in unsubdivided developments, and therefore the require- ment stated in subsection (a) shall apply only to subdivisions -containing thirty-one or more single-family houses and multi-far�,ily developments contain- ing ten or more dwelling units. For purposes of this subsection, the term "development" refers to the entire development developed out of a single tract or contiguous multiple tracts under common ownership regardless or whether the development is constructed in phases or stages. Section Mini parks : Purpose and Standards. (a) The purpose of miniparks is to provide recreational facilities to serve the immediately surrounding neighborhood and most especially to provide a convenient and attractive area in which parents can observe and s ttpen✓ise the fun and imaginative play of their younger (age 2-10) children during day- time hours. Mi niparks are intended for active use. Larger miniparks may have multi -purpose hard courts and be equipped with drinking fountains. More typically, miniparks designed for smaller children shall be equipped with imaginative play apparatus and minimum seating accomodations. All miniparks shall be attractively landscaped and shall be provided with sufficient natural or man-made screening or buffer areas ;to minimize any negative impacts of the minipark upon adjacent residences. (b) Tennis courts and swimming pools shall be counted as miniparks for purposes of satisfying the requirement stated in Subsection Miniparks Required (a) except that not more than 75% of this requirement can be met by the square footage devoted to swimming pools and tennis courts. Community buildings shall not be regarded as miniparks. (c) The total acreage of miniparks required by Section Mi niparks Required shall be divided into miniparks of not less than 10,000 square feet nor more than 30,000 square feet in residential subdivisions and not less than 2,000 square feet nor more than 30,000 square feet in multi -family developments. (d) Each miniparlk shall be centrally located and easily accessible so that it can be conveniently and safely reached and used by those persons in the surrounding neighborhood it is designed to serve. the approximate pop- ulation that each minipark is designed to serve can be determined by divi d- ing the number of square feet in the park by 108.9. (e) Each minipark shall be constructed on land that is relatively flat, dry, and capable of serving the purposes intended by this article. Section Usable Open Space. (a) Except as provided in subsection (c), all residential developments shall be developed so that at least five percent of the total area of the development remains permanently as usable open space. (b) For purposes of this section, usable open space means an area that: (1) Is not encumbered with any substantial structure; (2) Is not devoted to use as a roadway, `parking area, or sidewalk; (3) Is left in its natural or undisturbed state (as of the date development began), if such a state is compatible with use of the area described in subdivision (4), or properly planted and landscaped; (4) Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; and (5) Is legally and practicably accessible to the residents of the development out of which the required open space is taken, or to the public if dedication of the open space is required pur- suant to Section Dedication of Ooen Space.. (c) With respect to multi -family developments, any common open space that meets the criteria established in subsection (b) may be used to satisfy the five percent requirement of this section. With respect to single-family subdivisions, any common open space meeting the criteria established in sub- section (b) that results from resort to the, provisions of Sections Cluster Subdivisions or Architecturallyntf_grated Subdivisions may be used to satisfy the five percent requirement of this section. (d) Residential subdivisions that are not required to provide recreational facilities in accordance with Subsection riniparks Required (c) , are exempt from the requirements of this section unless the City agrees that it will accept an offer of dedication of such open space, and in that case the offer of dedication shall be made. Section Cwnershio and Maintenance of Recreational Areas and Reauired Open Space O(a) Except as provided in Section Dedication of Open Space, recreation a i 4 ' facilities and usable open space required to be provided by the developer in accordance with this article shall not be dedicated to the public but shall rV remain under the o,-mership and control of the developer (or his successor) or a homeowners association or similar organization that satisfies the criteria established in Section Homeo�-mers Association. (b) The person or entity identified in subsection (a) as having the right of ownership and control over such recreational facilities and open space shall be responsible for the continuing upkeep and proper maintenance of the same. Section Dedication of Open Space. (This section included for future Park/Greenway/Bike Plans). (a) If any portion of any lot proposed for residential development lies within an area designated qn an officially adopted City Park Plan as a neigh- borhood park or part of the greenway system or tikeway system, the area so designated (not exceeding five percent of the total lot area) shall be included as part of the area set aside to satisfy the requirement of Section Usable Open Space. This area shall be dedicated to public .use. (b) If more than five percent of a lot proposed for residential develop- ment lies within an area designated as provided in subsection (a), the City may attempt to acquire the additional land in the follajing manner: (1) The developer may be encouraged to resort to the procedures authooized in Section Cluster Subdivision or Architecturally Integrated Subdivisions and to dedicate the common open space thereby created; or (2) The City may purchase or condemn the land. Section Homeowners P.ssociations. Homeowners associations or similar legal entities that, pursuant to Section Cwnershio and Main...Open Space, are responsible for the maintenance and control of common areas, including recreational facilities and open space, shall be established in such a manner that: Section (1) Provision for the establishment of the association or similar entity is made before any lot in the development is sold or any building occupied; (2) The association or similar legal entity'has clear legal authority to maintain and exercise control over such common areas and facilities; (3) The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas and facilities. Flexibility in Administration Authorized. (a) The requirements set forth in this article concerning the amount, size, location and nature of recreational facilities and open space to 'Oe provided itl connection with residential developments are established by the Board as standards that presurrptively will result in the provision of the amount of recreational facilities and open space that is consistent with officially adopted City plans. The Board reco-mizes, however, that due to the particular nature of a tract of land, or the nature of the facilities proposed for installation, or other factors, the underlying objectives of this article may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the permit issuing body is authorized to permit minor deviations from these standards whenever it determines that: (i) the objectives underlying these standards can be mt without strict adherence to them; and (ii) because of peculiarities in the developer's tract of land or the facilities proposed it would be unreasonable to require strict adherence to these standards. (b) Whenever the permit issuing board authorizes some deviation from the standards set forth its this article pursuant to subsection (a), the official record of action taken on the development application shall contain a statement of the reasons for allowing the deviation. 0 181 ARTICLE XIV STREETS AND SIDEWALKS ` Section Street Classification. (a) In all new subdivisions, streets that are dedicated to public use shall be classified as provided in subsection (b). (1) The classification shall be based upon the projected volume of traffic to be carried by the street, stated in terms of the number of trips per day; (2) The number of dwelling units to be served by the street may be used as a useful indicator of the number of trips but is not conclusive; (3) Whenever a subdivision street continues an existing street that formerly terminated outside the subdivision or it is expected that a subdivision street will be continued beyond the subdivision at some future time, the classification of the street will be based upon the street in its entirety, both within and outside of the subdivision. (b) The classification of streets shall be as follows: (1) Minor: A street whose sole function is to provide access to abutting properties. It serves or is desioned to serve not more than nine dwelling units and is expected to or does handle up to seventy-five trips per day. (2) Local: A street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least ten but not more than twenty-five dwelling units and is expected to or does handle between seventy-five and two -hundred trips per day. (3) Cul-de-sac: A street that terminates in a vehicular turn -around. (4) Subcollector: A street whose principal function is to provide access to abutting properties but is also designed to be used or is used to connect minor and local streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is desioned to serve at least twenty-six but not more than one hundred dwelling units and is expected to or does handle between two hundred and eight hundred trips per day. Collector: A.s-treet whose principle function is to carry traffic between minor, local, and Subcollector streets and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than one hundred dwelling units and is designed to be used or is used to carry more than eight hundred trips per day. Arterial: A major street in the City, street system that serves as an avenue for the circulation oT traffic into, out, or around the Cityand carries high volumes of traffic. .all State-m,intained streets within the City and their extensions =intC--the__ extraterritorial area are arterial' streets. to an arterial street and that is designed to provide acce5� abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties. Section Access to Public Streets in General. (a) Every lot shall have either direct or indirect access to a public street. A lot has direct access to a public street if a sufficient portion of a boundary of the lot abuts the public street right-of-way so that an access way meeting the criteria set forth in subsection (b) can be established. A lot has indirect access if it connects to a public street by means of one or more private roads that are of sufficient size to meet the criteria set forth in subsection (b). In addition, if in an architecturally integrated subdivision lots are created that are no larger than the buildings located thereon and access to such lots and buildings must be across land owned by a homeowners or similar association, then this shall also constitute indirect access. (b) The access provided must be adequate to afford a reasonable means of ingress and•egress for emergency vehicles as well as for all those likely to need or desire access to the Droperty in its intended use. Section Access to Arterial Streets. Whenever a major subdivision that involves the creation of one or more new streets borders on or contains an existing or proposed arterial stree.t, no direc-: driveway access may be provided from the lots within this subdivision onto this street. Section Entrances to Streets. (a) All driveway entrances and other openings onto streets within the town's planning jurisdiction shall be constructed so that: (1) Vehicles can enter and exit from the lot in question without posing any substantial danger to themselves, pedestrians, or vehicles travelling in abutting streets; and (2) Interference with the free and convenient flow of traffic in abutting or surrounding streets is minimized. (b) As provided in G.S. 136-93, no person may construct any driveway entrance or other opening onto a state -maintained street except in accordance with a permit issued by the North Carolina Department of Transportation. Issuanc-E of this permit is prima facie evidence of compliance with the standard set forth in subsection (a). (c) If driveway entrances and other openings onto , -maintained streets are constructed_ia accordance with the specifications set forth in Appendix to this chapter, this shall be deemed prima facie evidence of compliance with the standard set forth in subsection (a). (d) For purposes of this section, the term "prima facie evidence" means tha. the permit -issuing authority may (but is not required to) conclude from this evidence alone that the proposed development complies with subsection (a). Section . Coordination with Surroundina Streets. (a) The street system of a subdivision proposed and anticipated streets outside the of.a- single tract that is being divided into -- -- —----as--prov-iaed-_in__this_section _ shall be coordinated with existing, subdivision or outside the portion lots (hereinafter, "surrounding stree- to! uoiiector streets snail intersect wiu1 surrvu streets at safe and convenient locations. (c) Subcollector, local, and minor residential streets shall connect with surrounding- streets where necessary to permit the convenient movement of traffic between residential neighborhoods or to facilitate access to neighborhoods by emergency service vehicles or for other sufficient reasons, but connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through -traffic. - _ (d) Whenever connections to anticipated or proposed surrounding streets are required by this section, the street right-of-way shall be extended and the street developed to the property line of the subdivided property (or to the edge of the remaining undevelooed portion of a single tract) at the Point where the connection to the anticipated or proposed street is expected. In addition, the permit issuing authority may require temporary turnarounds to be constructed at the end of such streets pending their extension when such turnarounds appear necessary to facilitate the flow of traffic or accomodate emergency vehicles. Nothwithstanding the other provisions of this subsection, no temporary dead-end street in excess of 1,000 feet may be created unless. no other practicable alternative .is available. Section _ Relationship of Streets to T0000raohv. (a) Streets shall be related appropriately to -the topography. In particular, streets shall be designed to facilitate the drainaae and stormwater runoff objectives set forth in Article . , and,subject to. the design requirements relating to maximum, grades set forth in Subsection(b�street grades shall conform, as ` closely as practicable to the original topography. (b) As indicated in Section _ . the maximum grade at any point on a street constructed without curb and cutter shall be 8'. On streets constructed with curb and gutter the grade shall not exceed 8" unless no other practicable alternative is available. However, in no case may streets be constructed with arades :hat, in the professional opinion of the public works director, create a substantial danger to the public safety. Section _ Street Width, Sidewalk, and Drainage Requirements in Subdivsions. (a) Street rights -of -way are designed and developed to serve several functions: (i) to carry motor vehicle traffic, and in some cases, allow on -street parking, (ii) to provide a safe and convenient passageway for pedestrian traffic; and (iii) to serve as an important link in the Cit 's drainage system. The Board finds that, when properly constructed, streets dev oiled without curb and gutter but with shoulders and drainage swales may serve. all these functions while lowering post development storm water runoff and minimizing_ development costs. Therefore, minor, local and Subcollector streets where the grade does not exceed 8% may be developed with a right-of-way width of sixty feet, pavement width of twen:_ feet. six feet wide shoulders on either side, and drainaqe swales on either side, al - constructed in accordance with the specifications referenced in Section . (b) Collector streets and other streets not constructed according to the requirements of subsection (a) shall conform to the requirements of this sub- section. Only standard 900 curb may be constructed, and street pavement width shall be measured from curb face to curb face. Sidewalks shall be at least four feet in width. TYPE STREET MINIINUM RIGHT OF WAY WIDTH MINIMUM PAVEMENT WIDTH SIDEWALK REQUIREMEy Minor local Subcollector 50, 60' 20' 20' �� ` , ? None One Side 60' 26' 301 One Side `60" -- 34' 3�j One Side and constructed according to the speciticaLions seL ,u,L, that the pe--ait-issuing authority may permit the installation of walkways con- structed with other suitable materials when it concludes that: •(1) Such walkways would serve the residents of the development as adequately as concrete sidewalks; and (2) Such walkways would be more environmentally desirable or more in keeping with the overall design of the development. (d) Whenever the permit issuing authority finds that a means of pedestrian access is necessary, from the subdivision to schools, parks, playgrounds, or other roads or facilities and that such access is not conveniently provided by sidewalks adjacent to the streets, the developer may be required to reserve an unobstructed easement of at least ten feet in width to provide such access. Section General Layout of Streets. (a) Subcollector, local, and minor residential streets shall be curved whenever practicable to the extent necessary to avoid conformity of lot appearance. (b) Cul-de-sacs and loop streets are encouraged so that through traffic on residential streets is minimized. Similarly, to the extent practicable, drive- way access to collector streets shall -be minimized to facilitate the free flow of L- traffic and avoid traffic hazards. - - (c) All perman-nt dead-end streets (as opposed to temporary dead-end streets, see Subsection (d)) shall be developed as cul-de-sacs in accordance with the standards set forth in subsection (d). Except where no other practicable alternative is available, such streets may not extend more than 550 feet'(measured to the center of the turn -around). (d) ihe"right-of-way of a cul-de-sac shall have a radius of fifty feet. and shall be constructed in accordance with appendix (e) Half streets (i.e., streets of less than t'h'e full required right-of-way and pavement width) shall not be permitted except where such streets,when combined with a similar street (developed previously or simultaneously) on property adjacent to the subdivision, creates or comprises a street that meets the right-of-way and pavement requirements or this chapter. (f) Streets shall be laid out so that residential blocks do not exceed 1,000 feet, unless no other practicable alternative is available. Section Street Intersections. (a) Streets shall intersect as nearly as possible at right angles, and no two streets may intersect at less than 600. Not more than two streets shall intersect at any one point, unless the public works director certifies to the permit issuing authority that such an intersection can be constructed with no extraordinary danger to public safety. (b) Whenever possible, proposed intersections along one side of a street shall coincide with existing or proposed intersections on the opposite side of ' such street. In any event, where a center line offset (jog) occurs at an intersection, the distance between centerlines of the intersecting streets shall be not less than 150 feet. (c) No two streets may intersect with any other street on the same side _ at a distance of less. than 400 feet meas.red from centerline to centerline of the -intersecting -street -.—When -the-intersected street is an arterial, the Aie-nnro hot -con intor-,ortinn ,tropt-, shall he at least I.OG., _eef - ----- Section Construction Standards and Specifications. Construction and design standards and specifications for streets, sidewalks, (� and curbs and gutters are contained in Appendix and all such facilities shall be completed in accordance with these standards. Section Private Roads in Subdivisions and Access to Subdivisions By -Private Roads. (a) If a tract proposed for subdivision borders a public street, then a subdivision of that tract in which a private road is established to satisfy the access requirements of Section ' . may be aoproved unless the effect of such subdivision would be that, since the effective date of this chapter, more than three lots served only by one or more private roads have been created out of that same tract. (b) If a tract proposed for subdivision has access to a public street only via a private road, then: (1) Subject to subsection (2), a subdivision of that tract in which the lots have access to a public street only via one or more private roads may be approved unless the effect of such subdivision would be that, since the effective date of this chapter, more than three lots that have access i;o_a public street only via one - or more private roads have been created out of that same tract. (2) If all the lots created in such subdivision will border a street constructed to the public street standards established by this f article, then such subdivision may be approved (regardless of the number of lots created) if the private road that provides access from the existing public street to the tract to be subdivided is constructed (or improved) to the standards set forth in this article for public streets. (c) Notwithstanding subsection (a), if in an architecturally integrated subdivision (see Section all the land other than that in common ownership is divided into lots that are no larger than the buildings located on them, private roads and sidewalks may be aonroved in accordance with Section ' just as if the development were unsubdivided. (1) Such private roads a-nd sidewalks shall remain under the ownership and control of the developer (or his successor) or a homeowners association or similar organization that satisfies the criteria established in Section (2) The person or entity identified in subdivision (1) as having the right of ownership and control over such roads and sidewalks and shala be responsible for the continuing upkeep and proper maintenance of the same. (d) Except as provided in subsections (a), (b)(1) and (c), all subdivision s Teets shall be constructed in accordance with the public street standards set forth in this article and an offer of dedication to the public shall be made. Unless the recorded plat of a subdivision clearly shows a street to be private, the recordina of such plat shall constitute an offer of dedication of such streets. (e) No final plat that shows lots served by private roads may be recorded unless the final plat contains the following notations: a. "Further subdivision of any lot shown on this pla*.as served by a private -road -may -be- -hib.i ted by the__New ern ind Use Ordinance. b. "The pol i cy of the City of :'..Ne,.a Bern i s that, i f the i mproves streets M that were never constructed to the standards required in theCity's Land Use Ordinance for dedicated streets, and 0 i) on which 7590 of the dwelling units were constructed after 100% of the costs of such improvements shall be assessed to abutting landowners." (f) The recorded plat of any subdivision that includes a private road shall clearly state that such road is a private road. Further, the initial purchaser of a newly created lot served by a private read shall be furnished by the seller with a disclosure statement outlining the maintenance responsibilities for the road, in accordance with the requirements set forth in G.S. 136-102.6. The intention of this subsection is to afford the same protection to purchasers of lots on private roads within the Ci}v as is provided to purchasers of lots outside the by G.S. 136-102.6. Section Road and Sidewalk Requirements in Unsubdivided Develooments. (a) Within unsubdivided developments, all private roads and access ways shall be designed and constructed to facilitate the safe and convenient movement of motor vehicle and pedestrian traffic. Width of roads, use of curb and gutter, and paving specifications shall be -determined by the orovisions of this chapter dealing with parking (Article'and drainage (Article 1. To the extent not otherwise covered in the foregoing articles, and to the extent that the ~ requirements set forth in this article for subdivision streets may be relevant to the roads in unsubdivided developments, the requirements of this article may be applied to satisfy the standard set forth in the first sentence of this subsection. (b) Whenever a road in an unsubdivided development connects two or more subcollector, collector, or arterial streets in such a manner that any substantial volume of through traffic is likely to make use of this road, such road shall be constructed in accordance with the standards applicable to subdivision streets and shall be dedicated. In other cases when roads in unsubdivided developments within the town are constructed in accordance with the specifications for sub- division streets, the City may accept an offer of dedication of such streets. (c) In all unsubdivided multi -family residential development, sidewalks shall be provided linking dwelling units with other dwelling units, the public street, and on -site activity centers such as parking areas, laundry facilities, and recreational areas and facilities. Notwithstanding the foregoing, sidewalks shall not be required where pedestrians have a:-cess to a road that serves not more than nine dwelling units. (d) Whenever the permit issuing authority finds that a means of pedestrian access is necessary from an unsubdivided development to schools, parks, play- grounds, or other,rpads or facilities and that such access is not conveniently provided.by sidewalks adjacent to the roads, the developer may be required to reserve an unobstructed easement of at least ten feet to provide such access. (e) In unsubdivided nonresidential developments that abut a public street, sidewalks shall be constructed adjacent to such street if a sidewalk in that locat; is required by the officially adopted City sidewalk master plan. Whenever possible such sidewalk shall be constructed within the public right-of-way. (f) The sidewalks required by this section shall be at least four feet wide and constructed according to the specifications set forth in Appendix _ _} except that the permit: issuing authority may permit the installation of walkways constructed with other suitable materials when it concludes that: (1) Such walkways would serve the residents of the development as adequately as concrete sidewalks; and (2) Such walkways could be more environmentally desirable or more in keepina with the overall design of the develooment. Section Attention to Handicaooed in Street and Sidewalk Construction. (a) As provided in G.S. 136-44.14, whenever curb and gutter construction is used on public streets, wheelchair ramps for the handicapped shall be provided at intersections and other major points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with published standards of the N.C. Department of Transportation, Division of Highways. (b) In unsubdivided developments, sidewalk construction for the handicapped shall conform to the requirements of Section (11X) of the North Carolina State Building Code. Section ' : Street Names and House Numbers. (a) Street n.-!es shall be assigned by the developer subject to the approval of the permit issuing authority. Proposed streets that are obviously in alignment with existing streets shall be given the same name. Newly created streets shall be given names that neither duplicate nor are phonetically similar to existing streets within the planning-jursidiction, regardless of the use of different suffixes (such as those set forth in subsection (b)). (b) Street names shall include a suffix such as the following: (1) Circle: A short street that returns to itself. (2) Court or Place: A cul-de-sac or dead-end street. (3) Loop: A street that begins at the intersection with one street and circles back to end at another interesection with the same street. (4) Street: All public streets not designated by another suffix. (c) Building numbers shall be assigned by the City as provided in Section )f the City Code. Section '. I Bridges. All bridges in subdivided and unsubdivided developments shall be con- structed in accordance with the standards and specifications of the N.C. Department of Transportation, except that bridges on roads not intended for public dedication in unsubdivided developments may be approved if designed by a licensed architect or engineer. Section ' Utilities. OUtilities installed in public rights -of -way or along private roads shall conform to the requirements set forth in Article Utilities. Section through 1 Reserved. M9 ARTICLE XV UTILITIES TO BE COMPLETED 0 EO Article XVI FLOODWAYS, FLOODPLAINS, DRAINAGE, AND EROSION Part I. Section Definitions. Floodways and Floodplains Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this article. (1) Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. Also known as the 100-year flood. (2) Floodplain. Any land area susceptible to being inundated by water from the base flood. As used in this chapter, the term refers to (i) that area designated as subject to flooding from the base flood (one hundred year flood) on the "Flood Boundary and Floodway Map" prepared by the U.S. Department of Housing and Urban Development a copy of which is on file in the planning department, as well as (ii) that area that is subject to flooding from the base flood along any stream within a drainage basin that drains more than 100 acres, in that portion of the basin below the first 100 acres. (3) Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than -one foot. As used in this chapter, the term refers to (i) that area designated as a floodway on the "Flood Boundary and Floodway Map" prepared by the U.S. Department of Housing and Urban Development a copy of which is on file in the planning department, as well as (ii) that area that is subject to flooding from the base flood along any stream within a drainage basin that drains more than 100 acres, in that portion of the basin below the first 100 acres. (4) _Floor. The top surface of an enclosed area in a building (including basement), i.e., top of *lab in concrete slab construction or top of wood flooring in frame construction. The term does not include the floor o-f a garage used solely for parking vehicles. (5) Highest Adjacent Grade. The highest natural elevation of - the ground surface, prior to construction, next to Othe proposed walls of the structure. (6) Lowest Floor. The lowest floor of the lowest enclosed. area (including basement). An unfurnished or flood resistant enclosure, usable solely for parking vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of this ordinance. (7) Public Water Supply System. Any water supply system furnishing potable water to ten or more dwelling units or businesses or any combination thereof. (See G.S. 130-31) Section Artificial Obstructions Within Floodways Prohibited. (a) No artificial obstruction may be located within any floodway, except as provided in Section (b) For purposes of this section,. anartificial obstruction is any obstruction, other than natural obstruction, that is capable of reducing the flood carrying capacity of a. stream or may accumulate debris and thereby reduce the -flood carrying capacity of stream. A natural obstruction includes any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within the floodway by a nonhuman cause. Section Permissible Uses Within Floodways. (a) Notwithstanding Article X of this chapter (Table of Permissible Uses), no permit to make use of land within a floodway may be issued unless the proposed use is listed as permissible both in the Table of Permissible Uses and in the following list: , (1) General farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife and related uses. (2) Ground level loading areas, parking areas, rotary aircraft ports, and other similar ground level area uses. (3) Lawns, gardens, play areas, and other similar uses. (4) Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback -riding trails, open space and other a similar private and public recreational uses. (b) The uses listed in subsection (a) are permissible only if and to the extent that they do -not cause any increase in base flood levels. Section Construction Within Floodways and Floodplains Restricted. (a) No zoning, special use or conditional use permit may be issued for any development within a floodplain until the permit - issuing authority has reviewed the plans for any such development to assure that: (1) The proposed development is consistent with the need to minimize flood damage; and (2) All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to minimize or reduce exposure to flood hazards; and (4) All necessary permits have been received from those agencies from which approval is required by federal or state law. (b) No building may be constructed and no substantial improvement of an existing building may take place within any floodway. With respect to mobile home parks that are nonconforming because they are located within a floodway, mobile homes may be relocated in such parks only if they comply with the provisions of subsection (i). (c) No new residential building may be constructed and no substantial improvement of a residential building may take place within any floodplain unless the lowest floor (including basement) of the building or improvement is elevated to or above the base flood level. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate. the unimpeded movements of floodwaters shall be provided. (d) No new nonresidential building may be constructed and no substantial improvements of a nonresidential building may take place within any floodplain unless the lowest floor (including basement) of the building or improvement is elevated or floodproofed to or above the base flood level. Structures located in A -zones may be floodproofed in lieu of elevation provided that all areas of the structure below the required elevation are water tight with walls substantially impermeable to the passage of water, using structural components having the capacity of resisting hydrostatic and hydrodynamic loads and the effects of 3 buoyancy. -A registered professional engineer or architect shall certify that standards of this section are satisfied. (e) When base flood elevation data is not available from a federal, state, or other source, the lowest floor including basement, in subsection (c) or (d) above, shall be elevated at least two (2) feet above the highest adjacent grade. (f) No new construction and no substantial improvements of a structure may take place within any floodplain unless fully enclosed areas below the lowest floor that are subject to flooding are designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum requirements: (1) A minimum of two openings having a total net area of ,not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; (2) The bottom ofallopenings shall be no higher than one foot above grade; and (3) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and -exit of floodwaters. (g) For purposes of this section, "substantial :improvement" means any repair, reconstruction, or improvement of a building the cost of which equals or exceeds fifty percent of the market value of the structure either (i) before the improvement or repair is started or (ii) if the structure has been damaged and is being restored, before the damage occurred. "Substantial improvement" occurs when the first alteration on any wall,. ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either (i) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications that are solely necessary to insure safe living conditions, or (ii) any alteration of a building listed on the National Register of Historic Places or a State Inventory of Historic Places. (h) No zoning, special use or conditional use permit may be issued for any development within a floodplain until the permit - issuing authority has reviewed the plans to assure that any new construction or substantial improvements shall be: (1) Designed (or modified) -and adequately anchored to prevent flotation collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of I buoyancy. (2) Constructed with materials and utility equipment resistant to flood damage. (3) Constructed by methods and practices that minimize flood -damage. (4) Constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (i) Notwithstanding any other provision of this chapter, no mobile home may be located or relocated within that portion of the floodplain outside of the floodway, unless the following criteria are met: (1) Mobile homes are anchored. to prevent flotation, - collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use .of over -the -top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. (2) Lots or pads are elevated on compacted fill or by any other method approved by the Town Building Inspector so that the lowest floor of the mobile home is at or above the base flood level. (3) Adequate surface drainage and easy access for mobile home haulers is provided. (4) Load -bearing foundation supports such as piers or pilings must be placed on stable soil or concrete footings no more than ten feet apart, and if the support height is greater than seventy-two inches, the support must contain steel reinforcement. (j) Whenever any portion of a floodplain is filled in -with fill dirt, slopes shall be adequately stabilized to withstand the erosive force of the base flood. Section Special Provisions for Subdivisions. (a) An applicant for a conditional use permit authorizing a major subdivision and an applicant for minor subdivision final plat approval shall be informed by the planning department of the use and construction restrictions contained in Sections O if any portion of the land to be subdivided lies within a floodway or floodplain. (c) Subject to the following sentence, a conditional use permit for a major subdivision and final plat approval for any subdivision may not be given if: (1) The land to be subdivided lies within a zone where residential uses are permissible and it reasonably appears that the subdivision is designed to create residential building lots; and (2) Any portion of one or more of the proposed lots lies within a floodway or floodplain; and (3) It reasonably appears that one or more lots described in subdivisions (1) and (2) of this subsection could not practicably be used as a residential building site because -of the restrictions set forth in Sections The foregoing provisions shall not apply if a notice that the proposed lots are not intended for sale as residential building lots is recorded on the final plat, or if the developer otherwise demonstrates to the satisfaction of the authority issuing the permit or approving the final plat that the proposed lots are not intended for sale as residential building lots. Section Water Supply and Sanitary Sewer System in Floodways and Floodplains. Whenever any portion of a proposed development is located within a floodway or floodplain, the agency or agencies responsible for certifying to the town the adequacy of the water supply and sewage disposal systems for the development (as set forth in Sections of this chapter) shall be informed by the developer that a specified area within the development lies within a floodway or floodplain. Thereafter, approval of the proposed system by that agency shall constitute a certification that: (1) Such water supply system is designed to minimize or eliminate infiltration of flood waters into it. (2) Such sanitary sewer system is designed to eliminate infiltration of flood waters into it and discharges from it into flood waters. �. (3) Any on -site sewage disposal system is located to avoid impairment to it or contamination from it during flooding. Section Additional Duties of Administrator Related to Flood Insurance •and Flood Control. The administrator shall: (1) Where base flood elevation data is available a. Verify the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures; b. Verify, for all structures that have been floodproofed (whether or not such structures - contain a basement), the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and c. Maintain a record of all such information. (2) Where base flood elevation data has not been provided: a. Obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source for enforcing the requirements set forth in Part I of this article; and b. Verify and record the actual elevation constituting the highest adjacent grade, to which all new or substantially improved structures are elevated or floodproofed. (3) Notify, in riverine situations, adjacent communities and the N.C. Department of Crime Control and Public Safety prior to any alteration or relocation of a watercourse, and submit copies of such notification to the Federal Insurance Administrator. (4) Ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. Me Part II. Drainage, Erosion Control, Storm Water Management Section Natural Drainage System Utilized to Extent Feasible. (a) To the extent practicable, all development shall conform to the natural contours of the land and natural drainage ways shall remain undisturbed. (b) To the extent practicable, lot boundaries shall be made to coincide with natural drainage ways within subdivisions to avoid the creation of lots that can be built upon only by altering such natural drainage ways. Section Development Must Drain Properly. (a) All developments shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the development site. Surface water shall not be regarded as unduly retained if: (1) The retention results from a technique, practice or device deliberately installed as part of an O approved sedimentation or storm waster run-off control plan, or (2) The retention is not substantially different in location or degree than that experienced by the development site in its pre -development stage, unless such retention presents a danger to health or safety. (b) No surface water may be channeled or directed into a sanitary sewer. (c) Whenever practicable the drainage system of a development shall coordinate with and connect to the drainage systems or drainage ways on surrounding properties or streets. (d) Use of drainage swales rather than curb and gutter and storm sewers in subdivisions is provided for in Section Private roads and access ways within unsubdivided developments shall utilize curb and gutter and storm drains to provide adequate drainage if the grade of such roads or access ways is too steep to provide drainage in another manner or if other sufficient reasons exist to require such construction. mo a Section Storm Water Management. All developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such developments. More specifically: (1) No development may be constructed or maintained so that such development unreasonably impedes the natural flow of water from higher adjacent properties across such development, thereby unreasonably causing substantial damage to such higher adjacent properties; and (2) No development may be constructed or maintained so that surface waters from such development are unreasonably collected and channeled onto lower adjacent properties at such locations or at such volumes as to cause substantial damage to such lower adjacent properties. Section Sedimentation and Erosion'Control. (a) No zoning,special use, or conditional use permit may be issued and final plat approval for subdivisions may not be given with respect to any development that would cause land disturbing activity subject to the jurisdiction of -rhe North Carolina Sedimentation Control. Commission unless such officer or agency has. certified to the town; either that: (1) Any permit required by such officer or agency has been issued or any erosion control plan required by such officer or agency has been approved; or (2) Such officer or agency has examined the preliminary plans for the development and it reasonably appears that any required permit or erosion control plan can be approved upon submission by the developer of more detailed construction or design drawings. However, in this case, construction of the development may not begin (and no building permits may be issued) until such officer or agency issues any required permit or approves any required erosion control plan. (b) For purposes of this section, "land disturbing activity" means any use of the land by any person in residential, industrial, educational, institutional or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Sedimentation occurs whenever solid particulate matter, mineral or organic, is transported by water, air, gravity, or ice from the site of its origin. 0 Section Designated Buffer Areas in Watershed. (a) The Board finds that: (1) Soil and pollutants carried overland, primarily from -roads, trails, and land disturbing activities, can be effectively trapped by leaving a relatively undisturbed strip of vegetation parallel and adjacent to the watercourse. (2) Properly managed overland water flow can be directed into this buffer area in a manner that will reduce velocity and cause, dispersion of the water. (3) Sediments and associated pollutants carried by the water will settle out as a result of this slowing and dispersion process. (b) Developments on lots within the C, B-5, or zoning districts shall, .if any of the watercourses identified in this subsection are located in whole or in part within the lots so developed, contain a designated buffer area adjacent to such watercourse. The buffer area boundaries shall be demarcated by a line connecting the points on either side of a watercourse located as follows: (1) Creeks and tributaries (i.e., permanent streams flowing directly into University Lake and permanent streams flowing into such streams). Measure along a line running perpendicular to the edge of the floodplain (or if no floodplain has been demarcated, the center of the stream) fifty feet from the edge of the floodplain (or if no flood plain has been demarcated, from the edge of the water) plus an additional distance equal to: 4 x slope x 100 where "slope" is expressed as a percentage derived by dividing by 100 the rise of elevation between the floodplain boundary line (or if no floodplain has been demarcated, the edge of the water) and a point one hundred feet from that point along the above -described perpendicular line. 0 (2) Intermittent streams flowing into creeks and tributaries. Measure along a line running perpendicular to the centerline of the intermittent stream fifty feet from such stream centerline. (c) Subject to subsection (e), the existing natural vegetation in a designated buffer area shall not be disturbed in any way that would reduce the buffer area's effectiveness in achieving the objectives set forth in subsection (a). In addition, buffer areas from which the vegetative cover has been removed shall be planted or otherwise provided with ground cover, devices, or structures sufficient to allow the buffer area to accomplish the objectives set forth in subsection (a). (d) Notwithstanding the remaining provisions of this article, whenever a floodplain lies between a watercourse and a designated buffer area or within a designated buffer area, the floodplain shall be considered a part of the buffer area for purposes of the development restrictions set forth in subsection (c). (e) Notwithstanding the foregoing provisions, the permit issuing authority may authorize the crossing of a designated buffer area by a street, bikeway, sidewalk, or water or sewer line or pump station under the circumstances specified in Subsection 0 Section _ Impervious Surface Limitations. (a) Subject to subsection (b), within a C; zoning district, not more than twenty-five percent (25%) of the land on any lot (or portion thereof) excluding land within a designated buffer area may be covered by an impervious surface such as a street; drive, sidewalk, parking lot, building, or other roofed structure, etc. (b) Within a zoning district, the impervious surface limitation set foL°th in subsection (a) may be increased to (i) a maximum of thirty-five percent (35%) if all paved vehicle accommodation areas are paved with a porous paving material approved by the public works director (porous paving shall be regarded as an impervious surface in making this calculation), and (ii) a maximum of sixty percent (60%) if stormwater management techniques are employed that would retain the first one-half inch of rainfall running off of all impervious surfaces on a lot. A registered engineer must certify that the stormwater techniques used will accomplish this objective before a permit is issued, and it shall be a continuing condition of the permit that the developer provide necessary maintenance so that the stormwater .retention techniques continue to function effectively. (c) If a lot is subdivided for purposes of the sale of undeveloped lots, then the percentage restrictions set forth in subsections (a) and (b) shall apply first to the entire tract as it is being subdivided and then subsequently to each subdivided lot as it is developed. However, the subdivider shall allocate to each lot a proportionate share of the total subdivision's impervious surface, and that allocation shall be shown on the face of the subdivision plat. The amount of impervious surface so allocated shall be included in determining the maximum amount allowed under subsections (a) and (b). (d) If a development is completed in phases or stages, the percentage restrictions set forth in subsections (.a) and (b) shall apply to each separate phase or stage. Section Additional Development Standards. (1) For purposes of this section, developable land is land other than that which might have been required to be set aside as Category #1 through #4 usable open space n or had this land t,ee:} developed as an architecturally integrated subdivision or a cluster subdivision, and ascuring that full clustering or lot reduction were provided, subject to the limitations set out in Subsection (d) of those sections. (2) In applying the concept of increasing zones of density within the tract, the tract shall be marked by lines drawn parallel to the designated buffer and at 600 foot intervals until one reaches the ridge line marking flow away from the designated buffer, or 1800, whichever is less. These lines will be closed where necessary by the property lines of the tract to form polygons (the zones) for purposes of determining density within the tract. An increase in density means that the maximum allowable density -in the polygon closest to the designated buffer will be 50% of the maximum allowable density of the polygon second closest to the designated buffer, which shall be 50% of the maximum allowable density of the polygon third closest to the designated buffer, assuming sufficient distance exists to create such polygons. Allowable but unused density in any polygon may be used in the polygon furthest from the designated buffer. (3) The maximum allowable impervious surface shall also decrease as one approaches the designated buffer. The maximum allowable impervious surface in the polygon closest to the designated buffer will be 50% of the maximum allowable impervious surface of the polygon second closest to the designated buffer, which shall be 50% of the maximum allowable impervious surface of the polygon third closest to the designated buffer, assuming sufficient distance exists to create such polygons. Allowable but unused impervious surface may be used in the polygon furthest from -the designated buffer. (4) Any polygon with less than five acres shall be merged with the polygon adjacent to it and further from the designated buffer, and calculated as part of the area in that polygon. (5) Where a building lies in two polygons, it shall be construed to lie in the polygon furthest from the designated buffer in which it partially lies. Q Where the location of buildings are not designated on the site plan, they shall be deemed to lie on the front setback line of the lot and at a point 0halfway between the adjacent lots. (6) Where two or more polygons of the same class, as in the polygon closest to the designated buffer, are created by two distinct, non-contiguous designated buffers, the units attributable to that class shall be distributed in proportion to the developable area in each polygon. (7) Where a designated buffer lying more than 1200 feet from a tract would result in the creation of a polygon, that designated buffer shall be ignored for purposes of applying this subsection. Furthermore, where two or more designated buffers lie in a general direction, such as on the west side of the tract, only the designated buffer closest to the tract will be considered in determining the shape of the polygons. (8) For purposes -of applying this section, adjacent parcels in common ownership and not developed at the time -this provision is enacted shall be joined. (9) In the event that after applying the above provisions, a tract is composed of only one polygon, then paragraphs (2) and (3) above shall be applied by substituting the number "300 feet" for each reference to "600 feet", and "25V for each reference to "50%11. (b) Within the context of allowing development consistent with the provisions of (a) above, buildings and impervious surfaces shall be cited so as to pose the least adverse impact on the watershed environment and so as to take full advantage of the assimilative capacity of the land. The first one-half (1/2) inch of run-off from all impervious surfaces shall be detained from reaching the watercourses through the full uses of undisturbed, vegetated areas for infiltration of the run off. In the event that on -site infiltration is not possible, or that areas with suitable soils are not sufficient to accomplish infiltration, then alternative measures to control the run off shall be employed. These alternative measures may include structural infiltration measures and retention/detention structures. (c) Notwithstanding the density allowable in (a) above, the density of land, both developable and undevelopable as those terms are used in this section, lying within an area marked by a line drawn parallel to the buffer and 300 feet from it shall not exceed one unit per two acres. Furthermore, notwithstanding the maximum allowable impervious surface in (a) above, the maximum allowable impervious surface of land, both developable and undevelopable as those terms are used in this section, lying within an area marked by a line drawn parallel to the buffer and 300 feet from it shall not exceed 10%. Provisions regarding r� constructive siting, namely subsection (a)(4) and (5) shall be applied to determine the location of units where units are not shown on the site plan, or otherwise specifically designated on the site. Section_ _ through Reserved. IN EO ARTICLE XVII oSIGNS U p a Section Defini�ions. D Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this article. (1) Sign. Any device that (i) is sufficiently visible to persons not located on the lot where such device is located to accomplish either of the objectives set forth in subdivision (ii) of this definition, and (ii) is designed to attract the attention of such persons or to communicate information to them. Without limiting the generality of the foregoing, a device that might otherwise be categorized as a sign that is located at least fifteen feet to the interior side of any exterior wall shall not be regarded as a sign so long as it is not internally illuminated, illuminated with spotlights, or otherwise illum-.nated to draw special attention to it. ( 2 ) Fr_ees_tan__ding__S_ 1qn_ A sign that ( i ) is not directly attached to, erected on, or supported by a building or other structure Yiaving a principal function other than the support of such sign, but (ii) is instead attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of a building or other structure having a principal function other than the support of a sign. A sign that stands without supporting elements, such as "sandwich sign", is also a freestanding sign. (3) _gff_premi_ses_Signs. 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. ( 4 ) Te.Mporary _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 not more than fifteen days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary. 0 OSection Permit Required for Signs. (a) Except as otherwise provided in Sections (Signs Excluded From Regulation) and (Certain Temporary Signs: Permit Exceptions and Additional Regulations), no sign may be erected, moved, enlarged,'or substantially altered except in accordance with the provisions of this section. (b) If plans submitted for a zoning permit, special use permit, or conditional use permit include sign plans in sufficient detail that the permit -issuing authority can determine whether the proposed sign or signs comply with the provisions of this chapter, then issuance of the requested zoning, special use, or conditional use permit shall constitute approval of the proposed sign or signs. (c) Signs not approved as provided in subsection (b) or exempted under the provisions referenced in subsection (a) may be erected, moved, enlarged, or substantially altered only in accordance with a sign permit issued by the administrator. (1) Sign. permit applications and sign permits shall be governed by the same provisions of this chapter applicable to zoning permits. (2) In the case of a lot occupied or intended to be occupied by multiple business enterprises (e.g., a shopping center): a. Subject to b., sign permits shall be issued in the name of the lot owner or his agent rather than in the name of the individual business, and it shall be the sole responsibility of such owner or agent to allocate among the tenants the permissible maximum sign surface area. b. Upon application by such owner or agent, the administration may issue a master sign permit 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 only in accordance with the allocation contained in the master sign permit. Section Signs Excluded From Regulation. The following signs are exempt from regulation under this chapter except for those stated in Subsection through (e). (1) Signs not exceeding four square feet in area that are customarily associated with 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 anima.ls . (2) 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. (3) Official signs of a noncommercial nature erected by public utilities. (4) Flags, pennants, or insignia of any governmental or nonprofit organization when not displayed in connection with a commercial promotion or as an advertising device. (5) Integral .decorative. or architectural features of buildings or works of art, so long as such features or works do not contain letters, trademarks, moving parts, or lights. (6) Signs directing and guiding traffic on private property that do not exceed four square feet each and that bear no advertising matter. (7) Church bulletin boards, church identification signs, and church directional signs that do not exceed one per abutting street and sixteen square feet in area -and that are not internally illuminated. (8) Signs painted on or otherwise permanently attached to currently licensed motor vehicles that are not primarily used as signs. (9) Signs proclaiming. religious, political, or other non- commercial messages (other than those regulated by Subdivision (a)(5)) that do not exceed one per abutting.street and sixteen square feet in area and that are not internally illuminated. (10) Signs attached to the interior of a building window or glass door, or visible through such window or door, so long as such signs, individually or collectively, do not cover more than thirty percent (30%) of the surface area of the transparent portion of such window or door. a. For purposes of determining whether a sign not O attached to the interior of a window or door but visible by looking through such window or door complies with this subdivision, the area of such sign shall be computed in accordance with Section and the sign shall be deemed to "cover" an equivalent amount of the surface area of the window or glass door through which it is visible. b. If a sign located inside a building is visible through glass doors or windows on more than one side of a building, then the relevant windows or doors. for purposes of this subdivision are those facing the street toward which the sign has its primary orientation. c. Notwithstanding the foregoing, signs attached to.the interior of a building window or glass door or visible through such window or door that are internally illuminated or externally illuminated by spotlighting or other illuminating technique designed to draw particular attention to them shall not be exempt from regulations. d. Signs that do not exceed four square feet and that advertise an event or activity sponsored by a nonprofit enterprise shall not be included in determining compliance with the thirty percent (30%) surface are coverage limitation set forth above, so long as such signs are removed after the event or activity has occurred. (11) Displays of merchandise offered for sale or rent on the premises where displayed. Only merchandise of the type that is actually for sale or rent, and not pictorial or other representations of such merchandise, falls within this exemption. Section_Certain _Temporary Signs: Permit Exe_motions and Additional Regulations. (a) The following temporary signs are permitted without a zoning, special use, conditional use, or sign permit. However, such signs shall conform to the requirements set forth below as well as all other applicable requirements of this chapter except those contained in Section (Total Sign Surface Area) and (Number of Freestanding Signs). (1) Signs containing the message that the real estate on which the sign is located (including buildings) is for sale, lease, or rent, together with information identifying the owner or agent. Such signs may not exceed four square feet in area and shall be removed immediately after sale, lease, or rental. For lots of less than five acres, a single sign on each street frontage may be erected. For O lots of five acres or more in area and having a street frontage in excess of four hundred feet, a second sign not exceeding four square feet in area may be erected. (2) Construction site identification signs. Such signs may identify the project, the owner or developer, architect, engineer, contractor and subcontractors, funding sources, and may contain related information. Not more than one such sign may be erected per site, and it may not exceed thirty-two square feet in area. Such signs shall be erected .prior to the issuance of a building permit and shall be removed within ten days after the issuance of the final occupancy permit. (3) (4) Displays, including lighting, erected in connection with the observance of holidays. Such signs shall be removed within ten days following the holidays. (5) Signs erected in connection with elections or political campaigns. Such signs shall be removed within three days following the elector or conclusion of the campaign. No such sign may exceed sixteen square feet in area. i (6) Signs indicating that a special event such as a fair; carnival, circus, festival or similar happening is to take place on the lot where the sign is located. Such signs may be erected not sooner than two weeks before the event and must be removed not later than three days after the event. (7) Temporary signs not covered in the foregoing categories, so long as such signs meet the following restrictions: a. Not more than one such sign may be located on any lot. b. No such sign may exceed four square feet in surface area. c. Such sign may not be displayed for longer than three consecutive days• nor more than ten days out of any 365-day period. (b) Other temporary signs not listed in subsection (a) shall be regarded and treated in all respects as permanent signs, except that (as provided in Section ) temporary signs shall not be included in calculating the total amount of permitted sign area. O' Section Determining the Number of Signs. (a) For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, each element shall be considered a single sign. (b) Without limiting the generality of subsection (a), a multi -sided sign shall be regarded as one sign. Section Computation of Sign Area. (a) The surface area of a sign shall be .computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself. (h) If thesign 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. (c) Except as provided in subsection (d), the sign surface area of two-sided, multi -sided, or three dimensional signs shall be computed by including the total of all sides designed either to attract attention or communicate information. This means that, with respect to the typical two-sided sign, where the message is printed on both sides of a flat surface and the sign is erected perpendicular to the street, the sign surface area will equal twice the area of a single side of the sign (i.e., twice the area determined by multiplying the dimensions --length times width --of the sign panel). (d) With respect to signs covered under Sections the sign surface area of two-sided, multi - sided, and three dimensional signs shall be computed by including the- total of all sides designed to attract attention or communicate information that can be seen at one time by a person from any vantage point. Thus, for example, signs directing traffic on private property are exempt from regulation so long as such signs do not exceed four square feet A back-to-back sign having dimensions of two feet by two feet would qualify for this exemption. O (e) The sign surface area of any sign located on the wall of a structure where the closest element of the sign is at least 60 Section Determining the Number of Signs. (a) For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, each element shall be considered a single sign. (b) Without limiting the generality of subsection (a), a multi -sided sign shall be regarded as one sign. Section Computation of Sign Area. (a) The surface area of a sign shall be .computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself. (b) 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. (c) Except as provided in subsection (d), the sign surface area of two-sided, multi -sided, or three dimensional signs shall be computed by including the total of all sides designed either to attract attention or communicate information. This means that, with respect to the typical two-sided sign, where the message is printed on both sides of a flat surface and the sign is erected perpendicular to the street, the sign surface area will equal twice the area of a single side of the sign (i.e., twice the area determined by multiplying the dimensions --length times width --of the sign panel). (d) With respect to signs covered under Sections the sign surface area of two-sided, multi - sided, and three dimensional signs shall be computed by including the- total of all sides designed to attract attention or communicate information that can be seen at one time by a person from any vantage point. Thus, for example, signs directing traffic on private property are exempt from regulation so long as such signs do not exceed four square feet A back-to-back sign having dimensions of two feet by two feet would qualify for this exemption. Q (e) The sign surface area of any sign located on the wall of a structure where the closest element of the sign is at least 60 feet from the street centerline shall be computed by multiplying the true sign surface area (Section ) by 0.5. Section Total Sign Surface Area. (a) Unless 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, and all signs except temporary signs shall be included in this calculation. A b) Unless otherwise provided in this article or in Article XI (Supplementary Use Regulations), the maximum sign surface area permitted on any lot in an or district is four square feet. (c) Subject to the other provisions of this section, the maximum sign surface area permitted on any lot in a commercial or manufacturing district as set ovl- in Section shall be determined as follows: (1) There may be not more than 0.5 square feet of sign surface area per linear foot of street frontage up to 200 feet of frontage. (2) There may be up to 0.75 square feet of additional sign 'sun -ace -area -per linear foot of lot frontage in excess of 200 feet. (d) If a lot has frontage on more than one street, then the total sign surface area permitted on that lot shall be the sum of the sign surface area allotments related to each street (as determined in accordance with subsection (c)) on which the lot has frontage. However, the total sign surface area that is oriented toward a particular street may not exceed the portion of the lot's total sign surfac- area allocation that is derived from frontage on that street. (e) Whenever a lot is situated such that it has no street frontage on any lot boundary and an applicant desires to install on such a lot a sign that is oriented toward a street, then the total sign surface area permitted on that lot shall be the sign surface area that would be allowed (as determined in accordance with subsection► (c) and Section subsection (d)), if the •lot boundary closest to the street toward which such sign 'is to be oriented fronted on such street. The applicant shall be restricted to using only one street and the closest lot boundary to this street for determining the total permitted sign surface area. However, the applicant shall be given the opportunity to determine the one street used in the calculations and toward which this sign will also be oriented. (f) The sign surface area of any sign located on a wall of a structure may not exceed 50% of the total surface area of the wall- on which the sign is located. (g) Whenever a tract located within a B-4 zoning district is , subdivided, then, subject to the following requirements, the subdivider may allocate among the lots so created the total sign surface area that would be allowed under this section on the tract prior to subdivision. (1) Information concerning the exact nature of the sign surface area allocation must either be indicated on the face of a recorded plat of the subdivided tract or included in a separately. recorded document, which document must be referenced on the recorded plat in a manner that indicates the general nature of such document and specifies the book and page number where such recorded document can be located in the Craven County Registry. (2) Sign surface area allocation may be shifted only from a lot bordering a street to another lot bordering the same street. (3) No sign allocation may be made affecting (by adding - sign surface area to or subtracting sign area from) any lot after such lot has been conveyed by the subdivider. (4) Once a sign allocation has been made in accordance with this section, the allocation .so made shall O control the amount of total sign, surface area permissible on any lot affected, regardless of the street frontage of such lot. (5) An allocation under this section shall not affect the provisions of Section which will continue to govern the determination of the maximum area of a freestanding sign on any subdivided lot. 181 Section Freestanding Sign Surface Area. (a) 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 For example, wall signs typically have one side. Freestanding signs typically have two sides (back to back), although four-sided."and other multi -sided signs are also common. (b) A single side of a freestanding sign may not exceed 0.3 square feet 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 which that sign is primarily K X oriented, 75 400 feet of more feet of square feet on lots with 200 or more but less than frontage, and 100 square feet on lots with 400 or frontage. (c) 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 0.3 square feet in total surface area for every linear foot of street frontage along the streeet toward which such sign is primarily oriented. However, in no case may such sign exceed 100 square feet in surface area. Section _ Number of Freestanding Signs. (a) Except as authorized by this section, no'development may have more than one freestanding sign. (b) If a development is located on a corner lot that has at least 400 feet of frontage on each of the two intersecting public streets, then the development may have not more than one freestanding sign along each side of the. development bordered by - such streets. (c) 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 the development may have not more than one freestanding sign on each side of the development bordered by such streets. Section Subdivision and Multi_FamilY_ Development Entrance - - Signs. --•----- -- -•�--- --- At any entrance to a subdivision or multi -family development, there may be not more than two signs identifying such subdivision or development. A single side of any such sign may not exceed sixteen square feet, nor may the total surface area of all such signs exceed thirty-two square feet. SectionLocation_ and Height _Requirements. (a) Freestanding signs shall observe the setback requirements set forth in Section (b) No sign may extend above any parapet or be placed upon any roof surface, except that for purpose of this section, roof surfaces constructed at an angle of 75 degrees or more from horizontal shall be regarded as wall space. This subsection shall not apply to displays, including lighting, erected in connection with the observation of holidays on the roofs of residential structures. (c) No sign attached to a building may project more than twelve inches from the building wall. O (d) No sign or supporting structure may be located in or over the traveled portion of any public right-of-way unless the 011 sign is attached to a structural element of a building and an encroachment permit has been obtained from the (and from the state, if necessary). (e) No part of a freestanding sign may exceed a height of fifteen feet, measured from ground level. Section 15-281 SicTn Illumination and Signs Containing Lights. (a) Unless otherwise prohibited by this chapter, signs may be illuminated if such illumination is in accordance with this section. (b) No sign within 150 feet of a residential zone may be illuminated between the hours of 12 midnight and 6:00 a.m., unless the impact of such lighting beyond the boundaries of the lot where it is located is entirely inconsequential. Freestanding signs located in residential districts may not be internally lit. (c) 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. (d) Internally illuminated freestanding signs may not be illuminated during hours that the business or enterprise `- `�J advertised by such sign is not open for business or in operation. Notwithstanding any other provision of this ordinance, existing situations that violate the provisions of this subsection shall not be regarded as lawful, nonconforming situations. (e) Subject to subsection (g), illuminated tubings or strings of lights that outline property lines, sales areas, roof lines, doors, windows, or similar areas are prohibited. (f) Subject to subsection (g), no sign may contain or be illuminated by flashing or intermittent lights or lights of changing degrees of intensity, except signs indicating the time, date or weather conditions. (g) Subsections (e) and (f) do not apply to temporary signs erected in connection with observance of holidays. Section 15-282 Miscellaneous Requirements. (a) As provided in the Table of Permissible Uses, no off - premises signs may be located in any district except the district. (b) No sign may be located so that it substantially interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets -or private roads. O (c) Signs that revolve or are animated or that utilize movement or apparent movement to attract the attention of the public are prohibited. Without limiting the foregoing, banners, streamers, animated display boards, pennants, and propellers are prohibited, but signs that only move occasionally because of wind are not prohibited, if their movement (i) is not a primary design feature of the sign, and (iij is not intended to attract attention to the sign. The restriction of this subsection shall not apply to signs specified in subdivision - (4) or to signs indicating the time, date, or weather conditions. (d) No sign may be erected 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. (e) 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 structure may be moved by the'wind or other forces of nature and cause injury to persons or property. Section through Reserved. M ARTICLE XV I I I w PARK,I,G Section Definitions. Unless otherwise specifically provided content, the words and phrases defined belo;r when used in this section. mmn a or unless clearly required by the shall have the meanina indicated (1) CirculationAr_ca. That portion of the vehicle accommlodation area used for access to par:•:ing or loading areas or other facilities on the lot. Essentially', drivmv. ys and oth�-;• marleuver'Mg aro-as (other than parking, aisles) cai p rise Tale clrcul�atio!'l area. (2) Drii�e:tay. That w-rtion of the vrj,icie aC�.G�:;li'JC�at"iCi(area tii:i4 Cor1c1Sts of a travcl 1_tne boo ::d on eit:;r-i- Side by on area that is not. part of the veil"ir_le (3) Gross FloorAr_e�_IL _ Tiie W-1 a,,-cw of a building r;:easuhL.c•. b� t:k my t:`lE outs ids c �1�=►:� i!":;, of i he boil i llc at each Moor level i nt.eodnd Ifor occupancy or Storage. (4) I.Ci. Gina and It. InIoi'('!^_Arc._c Ti­ portion of O !`Illic" liW' area use'.d i:o sat:S,Tj'yOf Secti0tl 1:' ( J) V-C.i -c 0 �' _rf._._ .�.- .�_r.l• - T:1:?. I��:mot 11i ll� it ii)i, i.nC:t, i:Z C'. �J Vea"LCIIJ 1 cCCu S, Cii..Ji.!..i:!:� Lill-t:ii. :a1Ci ivGLiiii i;:: .:iliilaC:1! ii CG:'iiT^iSt�; :1_ :�?al GT C?:'Ci!la?"ifr: ct' '.;`, loaC:l(:=' and I'.i!1Cl.:'.i:n i•r_2,_, at -id !i rk:'itng areas. (j) P-.r _i:1C: _� AiS1____ i t'C?""i CEi Cf t1iC 1'e" 1C1C 4:.C(Y '.".i;t"iUn ar^a co:?S 1 Lti n(i u i 1 provi ulng acccs-s to par';JnCi (]) Par'klnC? Sn?C' 9 A (?ortiCn: Of L"t?e :'ehlcl.n aCC i':iiillU_'t'.Cln a:"ee! Sit for - the Parking of, one veII:clo. - Sects-,^r i Parking S ,af nS (a) All developments sh<:11 provide a sufficient of pal -king spaces to aCCo!l�:iodate 'Che 11UMber of vehicles that ord;nc:rily are likely to be attracted to the de•,elopn;^:lt in question. (b) The presumptions establis►led by this article are that: (i) a development must comply with the parking standards set forth in subsection (g) to satisfy the requirement stated in subsection (a), and (ii) any development that does meet these standards is in compliance. Ho%%ever, the Table of Parking Standards is only intended to establish a presumption and should be flexibly administered, as provided in Section (c) Uses in the Table of Parking Requirements (subsection (g), are indicated by a numerical reference keyed to the Table of Permissible Uses, Section 14hen �. determination of the nuillber of par`r.inq spaces required by this table results in a requirement of a fractional space, any fraction of one-half or less may be disregarded, while a fraction in excess of one-half shall be counted as one parking space. �o (0) ' UiLh i'Cspect to any i al"King 10t thilt 1S 1'CdJ1.1il"Od to be pawl (cre Sec i:iOn , tiIQ iILl! b-0r of pari:iw, spa(.t's re,uired I,v this artic10.. il!iiy h2 reduced by ot►c if the developer provides a b i lf;r2r'ac'r, or s irri l ar device that offers a secure parking area for aL least five bicycles. (e) Whenever a building is constructed 1•:ith the intention that it be used in whole or in part for use classification 2.120, 2.220, 3.120, or 3.220, the building shall be constructed on the lot in such a manner that sufficient usable space remain oil tht2 1 o is to add tale additional parking spaces that -would he rOgU i red to convert the use of the building entirely to use, classification, 2.110, 2.210, 3.110, or 3.210. In addition, uhenever a k;veloper proposos to construct a building to be used for purposes that require a lesser number of parking spaces than other uses to k•:hich the building inight well be put at sorri2 future date, tiie'. adrilinistrator shall send to the dovelo er a certified lettElr explaining that sufficient: space should be left on tilt lot to add parking spaces at a lator time if requried. (f Tilts. Board' reco:znizE:S that he table f � s sc-t forth ) ,r <. t e of sari:iliCl 11.d71i1rc.:::c'llt in subsection (d) can. -rot a:!d does not- cover every i:ossitil,. siti.,ation that r:: y arise. lilrrefore, in CrSes not sp.—c-ific:aily covered, the picr'iiijt is,uir►j authority is authQ)'1. 'd to dC•teritiine ti'i_ parking regi(iremz:nt1s usiii;j this ta;Ac as a t;ilide. (g) Table (if Parking F;equirr-:rants. Use Parkins 1 .100 2 Space:, plus rile spa+=e per ronni ren -A:C-i .out. (see Acrcssory Uses, c•C)ction 1!;-1 1.2G'0 2 sp;?c-s for t:a-_h unit, ex—cpt the o;r2 kin I s rnC:ii I . .. .i::l line 1...:1:, , rTUr•_•�C�}r:iil _ h C'C1 $lQ !:2C!'^t:/i? .::1 s?c�:-2s rUr C:.d;lt UEl is Vii h three or r::: r:, b:_. 1rc;:}:1:s p i ,l: Sp.-:CE fQl' t 1Q. CieV i L.;; ;:i n l i-fc's..ily llili{.` Cic`%c'if:;�'rc'ra G)' C�::). "=:i L:'; is PLO." l l c Qr ilonpr%.• i t f C:1' fami 1 ies or tiie elder lY re- u i i''e only I sp-a—c-_ per unit. 1.G10 1.620 1.630 1.410 1.420 1.430 1.510 1.520 1.900 2.110 2.120 2.130 2.210 3 spaces for e.": 1'V five b:'s exc -_lpt for us?s exclusi;/ely sz--ving childi',;li 1!1'.1100 16it) "-."Mch case 1 space .for every 3 i?eds shall be 1'egLWed. 1 space for each bedroc,:i 1 space for each room to be rented 1 space per room plus additional space for restaurant or other facilities 4 spaces foi- offices of physicians or dentists; 2 spaces for attorneys; 1 space for all others. 1 space per ..100 square feet of gross floor area 1 space per 400 square feet of gross floor area 1 space per 200 square feet of dross floor area 2.220 1 sp-ace per 400 square feet of gross floor area 2.230 (f� 3.110 1 space per 200 square feet of Gross floor area v 3.120 1 space per 400 square feet of gross floor area 3.130 1 space per 150 square feet of gross floor area 3.210 1 space per 2100 Square feet of gross fluor area 3.220 1 space per 400 square feet of gross fluor area 3.2.3 ; 1 space per 200 square feet of area vrithin raa in building plus reservoir lane capacity equal to five spaces per vrindo:. (10 spaces if window serves t,:ro stations). 4.100 1 space for evcry two employees on tiro r a;;irr�ri.r 4.200 shift except that in the B-1 , G-2 , B- 3 and P-4 zones, Si.Ch Use- r:ay pl,Gvide 1 S;)aCC- per 2'o S!!irdt feet of gross floor area. 5.110 1.75 spaces per clasSrocin In eler� tLGI' SCI�OOIS sF wC_-c per classrocin in higii Sc!' Cls. 5.120 1 space pen- 100 square feet of gross floor area 5.130 1 space p r 15u scivare feet or"_dross floor area 5.200 1 space for every four seats in the portion of the church bui?- ing to b• used for services plus spaces for any residential use as deter -mined in accordance with t_;;e parking requ i reriien t;s set fortis above for residential use;, plus 1 space for every 200 square feet of ,Noss floor area designed to be used neither for services nor residential purposes. 5.310 1 space per 300 square feet of gross floor area 5.320 5.400 1 space per 300 square feet of gross floor area 6.110 1 space for every 3 persons that the facilities are designed to accommodate when fully utilized (if they can be measured in such a fashion --example teririis courts or bowling alleys) plus 1 space per 200 square feet of gross floor area used in a manner not susceptible to such calculation. 6.120 1 space for every four seats 6.130 6.210 1 space per 200 square feet of area within enclosed 6.220 buildings, plus 1 space for every 3 persons that the outdoor facilities are designed to accommodate when used to the maximum capacity. 70 701 6.230 Miniature golf course--1 space per 300 squ"-re feet of golf course area plus.1 space per 200 square feet of building gross floor area;.,Oriving range--1 space per tee plus 1 space per 200 quare feet of building gross floor area; Par Three Course--2 spaces per golf hole plus 1 space per 200 square feet of building gross floor area. 6.240 1 space per horse that could be kept at the stable when occupied to maximum capacity. 6.250 1 space for every three seats 6.260 1 space per speaker outlet 7.100 Two spaces per bed 7.200 3 spaces for every 5 beds 7.300 1 space for every two employees on maximum shift 7.400 8.100 1 space per 100 square feet of gross floor area 8.200 Same as 8.100 plus 1 space for every four outside 8.300 seats. 8.400 Same as 8.200 plus reservoir lane capacity equal to five spaces per drive-in windovr. 9.100 1 space per 200 square feet of gross floor area 9.200 9.300 1 space per 200 square feet of gross floor area of building devoted primarily to gas sales operation, plus sufficient parking area to accommodate 2 vehicles per pump without interfering with other parking spaces. 9.400 1 space per 200 square feet of gross floor area 9.500 Conveyer type--1 space for every three employees , on the maximum shift plus reservoir capacity equal to five times the capacity of the washing operation. .. Self-service type--2 spaces for drying and.cleaning purposes per stall plus two reservoir spaces in front of each stall. ' 10.210 space for every two employees on the maximum 10.220 .1 shift but not less than 1 space per 5,000 square feet of area devoted to storage (whether inside or outside). Q11.000 1 space per 200 square feet of gross floor area 12.100 1 space per 200 square feet of gross floor area 12.200 13.100 1 space per 200.square feet of gross.floor area _ 13.300 (0- co 14.100 1 space for every two employees on maximurn shift 14..200 14.300 14.400 15.100 1 space per 200 square feet of gross floor area 15.200 15.300 1 space for every tti,:o employees on maximum shift 15.400 1 space per 100 square feet of gross floor area 16.000 1 space per 200 square feet of gross floor area 19.000 1 space per 1,000 square feet of lot area used Qfor storage, display, or sales 20.000 21.000 22.000 23.000 24.000 25.100 25.200 Section` Flexibility in Administration Required. (a) The Board recognizes that due,to the particularities of any given develon- ment, the inflexible application of the parking standards set forth in Subsection 15-291 (g) may result in a development either with inadequate narking space or parking space far in excess of its needs. The former situation may lead to traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots. The latter situation results in a waste of money as w ell as a waste of space that could more desirably be used for valuable development or environmentally useful open space. Therefore, as -suggested in Section 15-291, the permit -issuing authority - may permit deviations from the presumptive requirements of Subsection 15-291(g) and may require more parking or allow less parking whenever it finds that such deviations are more likely to satisfy the standard set forth in subsection 15-291 (a). - (b) Without limiting the generality of the foregoing, the permit -issuing authority may allow deviations from the parking requirements set forth in Subsection 15-291 ( g) when it finds that: O (1) A residential development is irrevocably oriented toward the elderly; (2) A residential development._ is located in close proximity to the central business district, and is committed to a policy of placing restrictions on the vehicle ownership of its tenants; (3) A business is primarily oriented to walk-in trade. (c) Whenever the permit -issuing authority allot -is or requires a deviation from the presumptive parking requirements set forth in Subsection it shall enter on the face of the permit the parking requirement that it imposes and the reasons for allowing or requiring the deviation. (d) If the permit -issuing authority concludes, based upon information it receives in the consideration of a specific development proposal, that the presumption established by Subsection for a particular use classification is erroneous, it shall initiate a request for an amendment to the Table of Parking Requirements in accordance with the procedures set forth in Article XX. Section Parkinq Space Dimensions. (a) Subject to subsection (b) and (c), each parking space shall contain a rectangular area at least nineteen feet long and nine feet wide. Lines n demarcating parking spaces may be drawn at various angles in relation to curbs �J or aisles, so long as the parking spaces so created contain within them the rectangular area required by this section. Ol o' (b) In parking areas containing ten or more parking spaces, up to i::en',.y percent of the parking spaces reed contain a rectangular area of only 7.5 feet in width by 15 feet in Tenth. If such spaces are provided, they small be con- spicuously designated as reserved for small or compact cars only. (c) Wherever parking areas consist of spaces set aside for parallel parking, the dimensions of such parking spaces shall be not less than twenty-two feet by nine feet. Section Required Widths of Parkinq Area Aisles and Driveway (a) Parking area aisle widths shall conform to the following table, v.,hich varies the width requirement according to the angle of parking. Parki nq_A_n_gl e lisle l!i dth_ 00 300 45f60� 900 One klay Traffic 13 11 13 18 24 Two Way Traffic 19 20 21 23 24 (b) Drivetirays shall be not less than ten feet in width for one ,•ray traffic and eighteen feet in width for tao way traffic, except that ten feet wide driveways are permissible for two way traffic when (i) the driveway is not longer than fifty feet; (ii) it provides access to not more than six spaces, and (iii) sufficient turning space is provided so that vehicles need not back into.a public street. Section General Design.Reguirements. (a) Vehicle accommodation areas shall be designed so that, without resorting to extraordinary movements, vehicles may exit such areas without backing onto a.public street. This requirement does not apply to parking areas cons istinq of dri veviays that serve one or two dwelling units. (b) Every vehicle accommodation area shall be designed so that vehicles cannot extend beyond the perimeter of such area onto adjacent properties or public rights of way. Such areas shall also be designed so that vehicles do not extend over sidewalks or tend to bump against or damage any wall, vegetation, or other obstruction. (c) Circulation areas shall be designed so that vehicles can proceed safely' without posing a danger to pedestrians or other vehicles and without interfering with parking areas. Section Vehicle Accommodation Area Surfaces. (a) Vehicle accommodation areas that M include lanes for drive-in windows c (ii) contain parking areas that are required to have more than ten parking spaces and that are used regularly at least five days per week shall be graded and surfaced with asphalt, concrete or other material that will provide equivalent protection against.potholes, erosion, and dust. Specifications for surfaces meeting the stanch set forth in this subsection are contained in Appendix D. (b) Vehicle accommodation areas that are not provided with the type of surface specified in subsection (a) shall be Graded and surfaced with crushed stone, gravel, or other suitable material (as provided in the specifications set forth in Appendix D) to provide a surface that is stable and will help to reduce dust and erosion. The perimeter of such parking areas shall be defined by bricks, stones, railroad ties, or other similar devices. In addition, whenever such a vehicle accommodation area abuts a paved street, the driveway leading from such street to such area (or, if there is no driveway. the portion of the vehicle U 1.%_ t"....... mac... v.. �: �.w t...a.. li I•l....a v.:tv .i L. .. ,: I , .1 ..:.. . v.: �­ J0 In l,v ..: l: �l III subsection (a) for a distance of fifteen feet back froT� the ede of the paved street. This subsection shall not apply to single-family residences, duplexes, rr►ulti-family residences consisting of two dwelling units, homes for the handicapped or infirm, or other uses that are required to have only one or two parking spaces. (c) Parking spaces in areas surfaced in accordance with subsection (a) shall be appropriately demarcated with painted lines or other markings. Parking spaces in areas surfaced in accordance with subsection (b) shall be demarcated whenever practicable. (d) Vehicleaccomnodat-ion areas shall be properly maintained in all respects. In particular, and without limiting the foregoing, vehicle accommo- dation area surfaces shall be kept in good condition (free from potholes, etc) and parking space lines or markings shall be kept clearly visible and distinct. Section Joint Use of Reouired Parkinq Soaces. (a) One parking area may contain required spaces for several different uses, but except as otherwise provided in this section the required space assigned to one use may not be credited to any other use. (b) To the extent that developments that wish to make joint use of the same parking spaces operate at different times, the same spaces may be credited - to both uses. For example, if a parking lot is used in connection with an office building on Monday through Friday but is generally 90`0' vacant on weekends, another development that operates only'on weekends could be credited with 90% of the spaces on that lot. Or, if a church parking lot is generally occupied only to 50`0 of capacity on days other than Sunday, another development could make us of 50110 of the church lot's spaces on those other days. (c) If the joint use of the same parking spaces by two or more principal uses involves satellite parking spaces, then the provisions of Section are also applicable. Section Satellite Parking. (a) If the number of off-street parking spaces required by this chapter cannot reasonably be provided on the same lot where the principal use associated with these parking spaces is located, then spaces may be provided on adjacent or nearby lots in accordance with the provisions of this section. These off -site spaces are referred to in this section as "satellite" parking spaces. (b) All such satellite parking spaces (except snaces intended for employee use) must be located within 400 feet of a public entrance of a principal building housing the use associated with such parking, or within ion feet of the lot on which the use associated with such parking is located if the use is not housed within any principal building. Satellite parking spaces intended for emnloyee use may be located within any reasonable distance. (c)• The developer wishing to take advantage of the provisions of this section must present satisfactory written evidence that he has the permission of the owner or other person in charge of the satellite parking spaces to use such spaces. The developer must also sign an acknowledgement that the continuing validity of his permit depends upon his continuing ability to provide the requisite number or parking spaces. (d) Persons who obtain satellite parking spaces in accordance with this section shall not be held accountable for ensuring that the satellite parking areas from which they obtain their spaces satisfy the design requirements of this article. Section Snecial Provisions For Lots bWith Existina Buildings. (a)' Notwithstanding any other provisions of this chapter, whenever (i) there exists a lot with one or more structures on it constructed before the effective date of this chapter, and (ii) a change in use that does not, involve any enlargement of a structure is -proposed for such lot, and (iii) the parking requirements of Section . that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking, then the developer need only comply with -the requirements of Section to the extent that (i) parking space is practicably available on the lot where the development is located, and (ii) satellite parking space is reasonably available as provided in Section However, if satellite parking sub- sequently becomes reasonably available, then it shall be a continuing condition of the permit authorizing development on such lot that the developer obtain satellite parking when it does become available. Section I Loading and Unloading Areas. (a) Whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development, a sufficient off-street loading and unloading area must be pro-. vided in accordance witft this section to accommodate the delivery or shipment ` operations in a safe and convenient manner. (b) The loading and unloading area must be of sufficient size to accommodate the numbers and types of vehicles that are likely to use this area, given the* nature of the development in question. The following table indicates the number and size of spaces that, presumptively, aatiso:y the standard set forth -in this subsection. However, the permit issuing authority may require more or less loading and unloading area if reasonably necessary to satisfy the foregoing standard. Number of spaces with minimum dimensions of 12 feet x 55 feet and overhead clearance Gross Leasable Area of Building of 14 feet from street grade 11000 - 19,999 1 20,000 - 79,999 2 80,000 -127,999 3 123,000 -191,000 4 192,000 -255,999 5 256,000 -319,999 6 320,000 -391,999 7 Plus one (1) for each additional 72,000 square feet or fraction thereof. (c) Loading and unloading areas shall be so located and designed that the vehicles intended to use them can (i) maneuver -safely and conveniently to and from a public right of tray, and (ii) complete the loading_ and unloading operations without obstructing or interfering with any public right of tray or any parking space or parking lot aisle. (d) No area allocated to loading and unloading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off -sheet parking area be used to satisfy the area requirements for loading and unloading facilities. Section No Parking Indicated Near Fire Hydrants. Whenever a fire hydrant is located adjacent to any portion of a vehicle accommodation area required to be paved under Subsection the pavement shall be clearly marked to indicate Lthat parking within fifteen feet of such h3Prant is prohibited. A Section through Reserved. Article XIX SCREENING At;U TREES Part I. Screening Section Board Findings Concerninq the Need for Screening Requirements. The Board finds that: (1) Screening beti•.een t%.o lots lessens the transmission from one lot to another of noise, dust, and glare. (2) Screening can lessen the visual pollution that may otherwise occur within an urbanized area. Even minimal screening can provide an impression of separation of spaces, and more extensive screening can shield entirely one use from the visual assault of an adjacent use. (3) Screening can establish a areater sense of privacy from visual ` or physical intrusion, the dreq_ree of privacy varyina with the intensity of the screening, (n) The provisions of this'oart are necessary to safeguard the [public health, safety and welfare. OSection General Screenina Standard. Every development shall provide sufficient screening so that: (1) (neighboring properties are shielded from any adverse external effects of that development; (2) The development is shielded from the negative impacts of adjacent uses such as streets or railroads. Section Comoliance !•lith Screenina Standard. (a) The table set forth in Section in conjunction with the explanations in Section concerning the types of screens, establishes screening requirements that, presumptively, satisfy the general standards established in Section . However, this table is only intended to establish a presumption and should be flexibly administered, as provided in Section (b) The numerical designations contained in the Table of Screening Require- ments (Section ) are keyed to the Table of Permissible Uses (Section ), and the letter designations refer to tynes of Screenina as described in Section This table indicates the type of screening that may be required between two uses. (-'here such screening is required, only 0ne of the two adjoining uses is responsible for installino the screening; the> use assigned this responsibilit is referred to as the "servient" use in Section and the other use is the dominant usc. To determine which of two adjoining uses is required to install the screening, find the use calssification number of one of the adjoinina uses in the servient column and folla;/ that column across the Pape to its intersection with tine use classification number in the dominant use column that corresponds to the other adjoining use. If the intersecting square contains a letter, then the use whose classification number is in the servient column is responsible for installing that 1 evel of screening. If the interse�.tino souare does not contain a letter, then begin the process again, startina this time in the servient column with the other adjoining use. (c) If, when the analysis described in subsection (b) is performed, the servient use is an existing use, but the required screening is not in place, then this lack- of screening shall constitute a nonconforming situation, subject to all the provisions of Article VIII of this ordinance. (d) Notviithstandina any other provision of this article, a multi -family development shall be required at the time of construction, to install any screening that is required between it and adjacent existing uses according to the table set forth in -Section- , regardless of whether, in relation to such other uses, the multi -family development is the dominant or servient use. Section __ Descriotions of Screens. The following three basic types of screens are hereby established and are used as the basis for the Table of Screening Requirements set forth in Section (1) Opaque Screen, Type "A". A screen that is opaque from the around to a height of at least six feet, with intermittent visual obstructions from the opaque portion to a height of at least twenty feet. An opaque screen is intended to exclude comoletely all visual contact between uses and to create a strong impression of spacial separation. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be ,judged on the basis of the averaae mature height and density of foliaqe of the subject species, or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than ten feet wide. The portion of intermittent visual obstructions may contain deciduous plants. Suggested planting patterns that will achieve this.standard are included in Appendix E. (2) Semi-Ooaoue Screen, Type "B". A screen that is opaque frorr the ground to a height of three feet, with intermittent visual obstruction from above the opaque portion to a height of at least twenty feet. The semi -opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. The semi -opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existinn vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the porition of intermittent visual obstructions should not contain any completely unobstructed openings more than ten feet wide. Thc�-zone of intermittent visual obstruction may contain deciduous plants-.-- Suggested planting -patterns irfiich---will—achieve th-is Stan ar --- are included in Appendix E. (3)� Broken Screen, Type "C". A screen composed of intermittent visual O obstructions from the ground to a height of at least twenty feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a wall, fence, landscaped earth berm., planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation wtill be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The screen may contain deciduous plants. Suggested planting pat erns which will achieve this standard are included in Appendix E. 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Therefore, as provided in Section , the permit -issuing authority may permit deviations from the presumptive requirements of Section and may require either P.--ore intensive or less intensive screening whenever it finds such deviations are more likely to satisfy the standard set forth in Section Without ir►posinp_ unnecessary costs on the developer. (b) Without limiting the generality of subsection (a), the permit -issuing authority may modify the presurntive requirements for: (1) Commercial developments located adjacent to residential uses in business zoning districts; (2) Commercial uses located adjacent to other commercial uses within the same zoning district; D) Uses located within planned unit developments. (c) Whenever the permit -issuing authority allows or requires a deviation from the presumptive requirements set forth in Section i?; shall enter on the face of the permit the screening requirement that it imposes to r::eet the standard set forth in Section and the reasons for allowing_ or requiring the deviation. (d) If the permit -issuing authority concludes, based upon inforration it receives in the consideration of a specific development proposal, that a presumption established by Section is erroneous it shall initiate a request for an amendment to the Table of Screening Requirements in accordance with the procedures set forth in Article XX. Section Combination Uses. (a) In determinino the screening requirements that aenly between a com- bination use and another use , the permit -issuing authority shall proceed as if the principal uses that comprise the combination use were not combined and reach it's determination accordingly, relying on the table set forth in Section interpreted in the light of Section (b) When two or more principal uses are combined to create a combination use, screening shall not be required beLtieen the composite principal uses unless they are clearly separated physically and screening is determined to be necessary to satisfy the standard set forth in Section (For example, screening may be required in a residential combination use consisting of single-family and multi- family components.) Sections throuah Reserved. Part II. Shading Section Board r'4ndinos and Declaration of Policy on Shade Trees. (a) The Board finds that: (1) Drees are proven producers of oryge-i, a necessary element for human survival; (2) Trees appreciably reduce the ever-increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air vie breathe; (3) Trees precipitate dust and other particulate air -borne pollutants from the air and create temporary conditions of narcosis allowing air -borne pollutants to settle to the ground; (4) Trees transpire considerable a:-ounts of water each day and there- by purify the air much like the air -washer devices used on commercial air conditioning systems; (5) Trees have an important role in neutralizing �-!aste ..later Dassina through the ground from the surface to ground water tablesand lower aquifers; (6) Trees through their root systems stabilize the ground water tables and play an important and* effective part in soil conservation, erosion control and flood control; (7) Trees are an invaluable physical, aesthetic and psychological counterooint to the urban setting, making urban life more com- fortable by providing shade and cooling the air and land, reducing noise levels and glare and breaking the monotony of human develop- ments on the land, particularly parking areas; and (8) For the reasons indicated in subdivision (7), trees have an important impact on the desirability of land and, consequently, on property values. (b) Based upon the findings set forth in subsection (a), the Board declares that it is not only desirable but essential Vo the health, safety, and welfare of all persons living or tiro rking within the planning jurisdiction, present and future, to protect certain existing trees: and, under the circumstances set forth in this article, to require the planting of nevi trees in certain types of developments. Section Required Trees Along Dedicated Streets. Along both sides of all nevily created streets with respect to which an offer of dedication is required to be made by this chapter, the developer shall either plant retain sufficient trees so that,. between the paved portion of the street and a line running parallel to and fifty. feet from the center line of the street, there is for every thirty feet of street frontage at least an average of one deciduous tree that has or will have when fullv mature a trunk at least twelve inches in diameter. llhen trees are planted by the developer pursuant to this section, the developer shall choose trees that meet the standards set forth in Appendix . Section Retention and Protection of Large Trees. (a) E�.,ery d^velopment shall retain all existing trees eighteen inches in -- -- — --diameter-or-more-unless-the-retention -of--such- trees would--unreasonab-iy -burden- the- developv:ent. (b) No excavation or other subsurface disturbance may be undertaken :•rithin the drrp line of any tree eighteen inches in diameter- or more, and no impervious surface (including, but not limited to, oav?na or buildings) may be located within 12.5 feet (measured from the center of the trunk) of any tree eighteen inches in diameter or more unless compliance with this subsection would unreasonably burden the development. For purposes of this subsection, a drip line is defined as a perimeter formed by the points farthest a:iay from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground. (c) The retention or protection of trees eighteen inches in diameter or more as provided in subsections (a) and (b) unreasonably burdens a development if, to accomplish such rentention or protection, the desired location of improve- ments on a lot or the proposed activities on a lot.:•rould have to be substantially altered and such alteration would work an unreasonable hardship upon the developer. (d) If space that would otherwise be devoted to parking cannot be so. used because of the requirements of subsections (a) or (b), and, as a result, the parking requirements set forth in Article XVIII cannot be satisfied, the number of required spaces may be reduced by Lhe number of spaces "lost" because of the provisions of subsections (a) and (b), up to a maximum of fifteen percent of the required spaces. Section Shade'Trees In Parkinc Areas. (a) Vehicle :cc:m.-rod_-:tior areas that are required to be paved by Section must be shaded by deciduous trees (either retained or planted by developer) that have or will have when fully nature a trunk at least twelve inches in diameter. l•:hen trees are planted by the developer to satis-1.1 the requirements of this subsection, the developer shall chcl-se trees that meet the standards set forth in Appendix E. (b) Each tree of the type described in subsection (a) shall be presumed to shade a circular area having a radius of fifteen feet faith the trunk of the tree as the center, and there must be sufficient trees so that, using_ this standard. twenty percent of the vehicle accomodation area will be shaded. (c) No paving may be placed within 12.5 feet beasure d frcm the center of the trunk) of any tree retained or planted to comply with subsection (a), and ne:v trees planted to cump'y subsection (a: shall be located so that they are surrounded by at least 200 square feet of unpaved area. (d) Vehicle accommodation areas shall belaid out and detailed to prevent vehicles from striking trees. Vehicles ::ili be presumed to have a body overhang of three feet six inches. Section throuch Reserved. ARTICLE X:; W AMENDMENTS Section Amendments In General. (a) Amendments to the text of this chapter or to the zoning map may be made in accordance with the provisions of this article. (b) The tern "major map amendment" shall refer to an amendment that addresses the zoning district classification of five or more tracts of land in separate ownership or any parcel of land (regardless of the nu, t,cr of lets or owners) in excess of fifty acres. All other amendments to the zoning district map shall be referred to as "minor map amendments". Section Initiation of Amendments. (a) Whenever a request to amend this chapter is initiated by the board of aldermen, the plan-ing-board, the board of adjustment, or the Citv administration, the City attorney in consultation with the planning staff shall draft an appropriate ordinance and present that ordinance to the board of aldermen so that a date for a public hearing may be set. (b) Any other person may also petition the Board to amend this chapter. The petition shall be filed with the planning departr:►ent and shall include, ar►ong the inforrlati.on deemed relevant by the planning departr►ent: Q (1) The name, address, and phone number of the applicant; (2) A description of the land affected by the amendment if a change in zoning district classification is proposed; (3) Stamped envelopes containing the names and addresses of all those whn- notice of the public hearino must be sent as rrovided in Sectioa '15-323; (4) A description of the proposed map change or a summary of the specific objective of any proposed change in the text of this chapter; (5) A concise statement of the reasons why the petitioner believes the proposed amendment would be in the public interest. (c) Upon receipt of a petition as provided in (b), the planning staff shall either: (1) Treat the proposed amendment as one initiated by the City administration and proceed in accordance with subsection (a) if it believes that the proposed amendment has significant merit and would benefit the general public interest; or (2) Fo nrard the petition to the Board with or without written comment for a determination of whether an ordinance should be drafted and a public hearing set in accordance with subsection (d)• (d)___Upon_receipt-of a_propose_ ordi�;ance as-.pro_vided in subsection (a), the Board may establish a date for a public hearing on it. Upon receipt of a petition for an ordinance amendment as provided in subsection (b), the Board may surrmarily deny the petition or set a date for a public hearing on the requested amendment and order the attorney, in consultation with the planning staff, to draft an appropriate ordinance. Section Planning Board Consideration of Proposed Amendments. (a) If the Board sets a date for a public hearing on a proposed amendment, it shall also refer the pronnsed amendment to. the planning board fnr its con- sideration. (b) The planning board shall endeavor to review. the proposed amendment in such a timely fashion that any recommendations it may have can be presented to the Board at the public hearing on the amendment. However, if the planning board is not prepared to make recommendations at the public hearing, it may request the Board to delay final action on the amendment until such time.as the planning board can present its recommmendations. (c) The Board need not await the recommendations of the planning board before taking action on a proposed amendment, nor is the Board bound by any recommendations of the planning board that are before it at the time it takes action on a proposed amendment. Section Hearino Required; Notice. (a) No ordinance that amends any of the provisions of this chapter may be adopted until a public hearing has been held on such ordinance. (b) The planning staff shall publish a notice of the public hearing on any ordinance that amends the provisions of this chapter once a week for, two successive weeks in a newspaper having general circulation in the New Bern area. The notice shall be published for the first time not less than ten days nor more than twenty-five days' before the date fixed for the hearing. This neriod is to be computed in accordance with G.S. 1-594, which provides that the date of publication is not counted but the date of the hearing is. (c) With respect to minor map amendments, the planning staff shall mail written notice of the public hearing to the record owners for tax purposes of all properties whose zoning classification is changed by the proposed amendment as well as the owners of all properties any portion of which. is within 200 feet of the property rezoned by the amendment. (d) The planning staff shall also post notices of the public hearing in the vicinity of the property rezoned by the proposed amendmentand take any other action deemed by the planning staff.to be useful or appropriate to give notice of the public hearing on any proposed amendment. (e) The notice required or authorized by this section shall: (1) State the date, time, and place of the public hearing; (2) Summarize the nature and character of the proposed change; (3) If the proposed aimendnient involves a change in zoning district class-ificatioli, reasonably identify the property whose classifi- cation %-ould be affected by the amend:,ient; (4) State that the full text of the amendment can be obtained from the City.clerk; and (5) State that substantial changesFn the proposed amendment may be made folloti•ring the public hearing. (f) The planning staff shall make every reasonable effort to comply with the notice provisions set forth in this section. However, it is the Board's intention that no failure to comply %-.ith any of the notice provisions (except those set forth in subsF:ction (b)) shall any amendment invalid Section Board Action on Amendments. (a) At the conclusion of the public hearing on a proposed amendment, the Board may proceed to vote on the proposed ordinance, refer it to.a. committee for further study, or take any other action. consistent with.its usual rules of procedure. (b) The Board is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs. (c) doting on amendments to this chapter shall proceed in the same manner as other ordinances, subject to Section 1. Section Ultimate Issue Before Board on Amendments. In deciding whether to adopt a proposed amendment to this chapter, the central issue before the Board is ,•:hether the proposed amendment advances the public health, safety or welfare. All other issues are irrelevant, and all information related to other issues at the public hearing may be declared irrelevant by the mayor and excluded. In particular, when considering proposed minor map amendments: (1) The Board shall not consider any representations made by the petitioner that, if the change is granted, the rezoned property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the Board shall con- sider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification. (2) The Board shall not regard as controlling any advantages or dis- advantages to the individual requesting the change, but shall consider the impact of the proposed change on the public at large. Section Protests to Zoning District Chanqes. (a) If a petition opposing a change in the zoning classification is filed in accordance with the provisions of this section, then the proposed amendment may be adopted only by a favorable vote of three -fourths of the Board membership. (b) To trigger the three -fourths vote requirement, the -petition must: (1) Be signed by the owners of trrency percent or r,ore either of (i) the logs included in a proposed change, or (ii) the lots within 100 feet of either side or the rear of the tract to be rezoned, or (iii) the lots directly opposite the tract to be rezoned and extending 100 feet from the street frontage of such opposite lots. (2) Be in the form of a written petition actually bearing the signatures of the requisite number of property o%-.ners and stating that the signers do protest the proposed change or amencrrcnt. (3) Be received by the City cleri, in sufficient time to allot. the City at least t;,o normal .•corking days before the date established for a public hearing on the proposed awendment to determine the sufficiency and accuracy of the petition. (4) Be on a form provided by the City clerk and contain all the information requested on this form. SECTION Sec. Purpose. NEW KERN HISTORIC DISTRICT M M N � 7 The Hew Eet"tl Historic District. hereinafter referred to as the "district is one of the most valued and important assets of the City of New Barn. It is established for the purpc=_e of protecting atld ccnserv:tng the heritage of the city, county, state, and nation; for t:ie purpose of saieguardlno the Character and heritage of the district by preserving the district as a whole and any individual property therein that esmb:_`,+ales important elements of its social, economic, _ultl,t"aI g•Ji.tical or architectural history; for the purpose of P!-CtllC4ting i.It Cl;:-�Et'..J�1J:n 1r =..li_:l Ji=ter 1st at" i"il'c2 sdC.;C.= _f_ri, F Iaasure and 1nrichri:ent of residents of the district and the City, county, state, and nation as a whole; for the purpose of fostering civic beauty; and for the purpose of stabi1i=ina and enhancing property values throughout the district as a whole, thus C01.1tritbutinq to the improvement of the general health and welfare of the City of New Bern and the residents of the district. Sec. Historic district established. Tie fite:e, Ee. n H1'=',:Ori_ District i= herby' __t .tid o t!-=t it Plhlch Dve1 1 -"ice etit.o zoinino, d: =tri=to. the -.:tent aiid bOt_iildar_es C" .h-C a,-e _3icJ Ot: file C'C? 1i31a1 Z01-iii-IQ tl'taG f0l- 11-he �'_ti o frte-c Foi �t'O t nd a lc=_ 3f tf e k!e -4 �'=r.: H_s"0i l: ui= t: =t a a= oil=t'Ji!ii.:l n.c tiiC :il r?.,3_ =ti Vr1!l E:r7tltl i^i'�f i_ieu H1 tC'1z rliSr ic1 '-y L vt �'J tit l_ r. cilctlil<eriilC! depar tmeiit of ttie Cit4 _f Nie:a Bern, b>=a: it d.3t= Jt]`ISTi,a:" 180 a cop6 y of .lhr: riY ich is ole in the of of the 1.' =1t F:lq 1 iieCi" . Sec. Permitted Uses. The _-. =a..i,nn �T the historic district in no .-lay af===ts the peraIi tt_d uses estab 1 i shed for each of the se\,eral zoni;, classifications found in zoning ordinance of the City of New Sern. Sec. Required conformance to dimensional regulations; exceptions. S-!"t1C:. U t ivlt:tlll the i11stor 1C °d1SIt- 1C' stroll tihSc•rJe t:!c dimensional and other regulations of the New Bern Zoning Oi dlna:nce except as follows: a. Front yard setbacks shalt be within a zotne established b.. the mirnimuni setbacks- of the existing contributing structures Gil the street within the block under consideration as of the date of the application for a certificate of appropriateness_; or, a strcat Wi tili'tl a block Wh=t"c lees Bain tt'+1"=? tE) Conl irLtt-alj =_tru tune= are situate, the applicable fro tit s_toac - t _qul!-e!Ttents =~al! be the-. Zo!-:e of the near_=t blo)ck Otn =aiu' %", ti"aet v:he?rE= three i.: ! t_on-1r_Jbu'L i na s t r uc`_i =s :ar e s. %'*Ua e. JItC=!"•�� `=C t:�4ii�ctc=..:i7.-=:-_=at`i t.r'li'•.i=`r: L-c!"tdi'y F`�:.i�i� S= i a c:'; i 1i-a 1 ii3i:' C a hE t and l'_slt=1-'y' OY !:; •.d L 11. Li 1"":ci'ai 1'y' 2tI u� dire^ i1I thi= gate• •c: •� kill be at l_a_t fig t� :=,01% eat -=_•old. with :r:_+-E-= rec=nt bui 1dinQs included only if thtey` =1ear iy pops-�=, =.cc=-ptiot-1a11 architectural or historical Inerit. i3011ectiI these s ti'UCtit"es are imp ortal-It, if not mot-e so, than the iildi;:dully important =-tru_tures. This category includes mo=_t F_ceral, Greer: Revival. italianate, Victorian, and bungalow- _tle dVJE. 1, -Ia= later f P`lillcteenth ,=. id 1=at-ly Twentieth Century cC•:il�i:�r.=1c'ti1 and lndust: ial Glii rii-�gs. Age and intac•triess ar= b. No residential structure shall exceed a height of thirty-five f35) feet; for- all oche: uses, the applicable height regulations Shall be those prescribed by the New 3ern Zoning O-dinance for that particular =onina classification. c. T:'1_ minimum side yard setback sha11 be: 11) For r2aldential prape!-'1==, eight (`) fe=t; t h pit11 b= tilo =5e Pr=- sc.-ibd e bv' C.`c Ple i B-2cn Zcni ng C!i'u par t._...1ar _On,na =lcs=-iTiCFZ10;1 --: r ` p-' t �'_ �i'' _.1 l I t '-l: L. "..=tom '' •j •.l �C1 -C11 V '+ C.• rJi _ l ,_ __r th- �sul tviit aieund remaining fi er ;etba!— -_- =ide yal J. and lot coverage requirement=, tut shall be n_ les- that, =ion. iS) feet `:. in dar-t;1 -r Sec. Authentic restoration or reconstruction. iin authentic r-e5toration or reccnstr action in the game 1.3ca Iticm a."s the original, and in the original cc'riformaticri of the 5t:-u_'iSrc, o' a _ti"uct--i-e JT historic=. slid/or a r c h i tectlsra1 sit_�nl _cal cc Lo the hi;;t- oric district, May viith the concurrence of h= board of ad.iuStm.e;lt uc Sppi-o'rEd by the %i s`O:'1 diStrit=t co:iilll-Sion, al thcu•.�h the restoration or reconstruction does not eompl;; with the dimensional regulations Of this district or the underlying zoning c1ass: ficatioo. Sec. Approval subject to conditions. The historic district commission, ill approving such authentic reconstruction or resto: atio-n, Tiay' attach reasonable and appropriate conditions to the approval, such that the public health, =_a-ete,�, and general welfare shall be protected; provided, howe,,er, the commission (nay not. Spprove a use of property which is not a use permitted within the zoning ication in which the property is 1c'catc-d. K -:i _Ji iT.I -S t.= vi :'J. CCai tt.: •i Ct"r-iTciiL C'r , , Ct g'.'�� .i T.c tl :c: ur:- -= ,0 UT-: E?1, Gi --sue a»iStdr•Ce, .mid. 1:-4at1ce. a!'viL'- J:-IC0rtililQ matt 3 urrC7C!' It= purt.i�:,, cr mutual 4. •:_ Tc pub'-inh info --mat I -on about, oc-3t1hei"l`Jisf= infJrm the owrier5 of prep_rty within the district, or any ratters pertinent t` Its duties, Gt-Qani�.ation, procedures., r_=ponsibi1ities, functions or - requirements. h. IG utldci'take programs Of information, r es_arch ur 3)a1, relating to any t7►atters under its purview. i C r==i =at �• ils 'J t}i i = illlatiC?. _1- r-clatcu �r'�_.'atil=_s t tiie local of iclai responsible for enforceme►it. j. To assist the City of New Bern in obtaining the service= - of private consultants to aid in carry out programs of r--dearth or analysis �:. To accept funds gr-anted to ttie comm is=ion from priva Le or nonctrofit or Qani_ations. 1 . To cun_ra_t . ;with the app: ci al of t +e board of aiderrTten of the C:1 ty of Nev! -Se r n for servit=es of iurtds from, th- Jtate t_ J Of i'1i3r th l_.a'e 1 ilia, olid ay'crlCle� 0►- �c;ic-s tr7l3ri�s ! i t!-re i:tli la_ Stat Co•vcrnment. o T a ��� ,t(� _�-- . , rll V l _t_'iri iYtc:ru Ct:1 l: '.C•�b LCl ti ��_^.i t� +LC tiiCii atrl.� t_'r n`I•�rtii .rar 31-i ia, str-uctur= s t= o:Jec::s 'ei distriCi-' vj-Z) natiorial Mate local re_;a: itiorl. n. To initiate and participate i►. ner,otiations with and, othei parties irr an effort to f ind :;teams of prelse!-iivig buildings scheduled for demolition. c. To ==tcibllsh auldelines under which a VCsignee of the cotivnission, rrray approve tmlodifications or, behalf of the commission. No application shall be denied without first being considered by the camrr►iSsion. p. To conduct public hearings on applications for cartiflcates of appropriateness where the commission deems that such hearing is nacessary. q. To organize itself and conduct its busines== by whatever legal means it deems proper. r. To exercise such other powers and perform such other- duties as are required elsewhere by this ordinance, the General Statutes of Mizi-th Carolina or by the board of aldermen. Em Sec. Off-street parking. is flis.. �...0 - C. 1'=ti�i,_t l.G1Ti G�_==!�J 1-; _il ._ot.:iuC!"_rt Z1 :11i 3J` 1 iz3 t ioin fo:" a cer t i f i catc of asp: Jpr i a teliCso, daterfrlin� tilaL 1I he li Ll n iii_Fr C F Gff"'Str cct packing Sp,3cc: required, ed, fvi" the St.'uctare in question is incongruous with tile- historic aspects of the district, it may, wit:l the Concurrence of the beard of adjustment, autho-ice a smaller number of off-street parking spaces, if it shall find: (li Adequate parking is readily available in the immediately V'iCiili t'v of the structure: and 2i ii =sil"sat t_.D r:.,~l_- =aicty i `_hei-._f-t z I_J Sec. Historic district commission creation. There has heretofore been established a commission known as t`e Net-: Bern Historic District Commission, by ordinance adopted on April 22, 19eO, as amended, which created Article IV of Chapter lb of the City Code of the City of New Berri; that the provisions of said Article IV of said Chap ter 16 are hereby ratified acid conf i r,m.ed , ano are iincorpol"dt=d herein by r2feI EinCc-'. Sec. General responsibilities of the commission. Tfnc JJi iliiS-iC:il shall seems. to o-0.fG:- Enhance and Gr==_i .e :he Ma;- a'_to! ,3 f t-, i=1=". i t Lii:_,=,. "S i:c: _.:loi tc'! ar_i=r!cj Zvi _rS'_ I � iL JLj Js i t'}' cafl� �J'�i�=.1-`• ThC .�utico J± :ht Commissioin shall `e those- i; pos=eJ.' Upon i v by' F t .7.ri. H Scar i= Di=tricts, of r-:rticle i'`•'- of C:lapter .16VA- of t:ie North Ca: olina G a,-aI st^tL!t== as we11 as such ot`ier duties as imaL be law f ul I assign= :C it b- :fhe board of aIdermen o -F the City of New Bernn, including but :let limited to the folloftwin'g: a. To recommend to the board of aldermen distric--s or areas to be designated by ordi:nanca as "historic distri'=ts." b. To recommend to the beard of aldermen that designation of an"y district or area as a historic district be revoked or removed. c. To consider and grant or deny applications for certificates of appropriateness as hereinafter provided. d. To give advice to property owners concerning the treatf;.ent of the historical and visual characteristics of their properties located within the district, such as color =cher.,eS, gardens, and landscape features, and other decorative elements. e. :o propose to the New Dern Board of aldermen c`ial,yc= to th:= 01.. any related ordinance, and to prGGo=e new ordinances er laws relating to the- historic di=_tr_cz;, or relating to the total L , Q prcgram for the development; of historical resources of the Ci , N w CerIn aind i tS :n'. on Sec. Certificate of appropriateness. He e.'ter 1J1" Po.-ti.Gil -D f ail'y buiIdir.g a other stG-Ucture (inc ludi,iC, but riot limi.ed to masor.:-y walls. Fences, light, fixtures, sleps dnd pavemiien t , a 0 1-h a,]puI- te11ailt , features) nor above-gro.-ind 1 t i 1 i ty atrilCtil:-e S nor any type of outdoor advertising sign not' any satellite 1"ECeive-only earth =ta i.11 at-1 tenil a _hail be erected. altered, restored, moved or demiolished-withlp such district until after an -lip pllCatlan TCr a certificate of appropriateness as to exterior featUree (and, in the case of earth station antennas, location) has been sutmitted to and approved by the historic district commission. The :ill1 1-Cipcil i t}' shall require such c certificate to be issued by the Z iT' i _B S l J:i r.,l 13 ..o 111=_ i squat-,ce li i i bu i I l t lg p=_ iT. i t yi anted foi the purposes for o f con=_t'i UCti^g, altering, iri0'ving 01- dE;T1G11shing ^tructures, which certificate may be issued subject to reasonable conditions necessary to carry out the purposes of Section 5A, and in the case of satellite receive -only earth station antennas, such conditions may include regulation of location, height, and screening through the application of guidelines set forth in Appendices A and S. A certificate of appropriateness_ shall be required whether or not a building permit Is required, but said certificate of apppropcia -eness does Ilo t obviate the necessary of procuring a' building perm it of such nt,-lei I- ail t as aia-., be requi--ed t iavi; provid2d h0.•:=`fer, any bu.-ilding permit or other permit issued other than in coal -orfnity cv,ith leis =eCoiall shall be 11'.'•:alid. Sec. Public utilities; governmental units. a. -11 y :1c•1_ utility C: p 11 be rr`yuir"ed t" btai:l �,.:ii all 1 = she ccrtii IC3tEe 7f appropriateness initiating lnitlatlg ally Or - ll angeI 1,ti1it'y ins-a'lation or structures on easements Or=_tr_ets 1ccated in the hi=_taric district; provided howe%-ar, a cart:7irate cf appropriateness is not required in order to conduct ordinary maintenarice or repair of utility lines and supporting structures, and/or rep 1ac.ament of street fiat-ures in the even 0 equipment fal liar= or damage due to aCCideilt or natural 0cCUrre1-Cea, such as electrical storr s, turnadcas and 1C_ s tot -iris. b. The provisions of section 5ii of this ordinance entitled "Nevs Bern Historic District" are, by virtue of G.S. 160A-39e.1. applicable to the construction, alteration, moving, and demolition of buildings by the State of Pdorth Ssrolina, its political subdivisions, agencies, and instrumentalities, all subject to the provision= set ou—t in said G.S. 160A-398.1. Sec. Application procedures. Optional preapplication review. A preapplication review is suggested to the end that the applicant may become acquainted with the standards of appropriateness and design required for the proposed project through an Informned 041sC:ls=loll with a designated s.ubcommlttas of the histoI-ic district cCmmisslon. 'Should an applicant -01" a certificate of approoriat elEss djesire a pr=3pp i i• C-l101i '_v;_ o:+he =nc1-1d, p;-i0r to praparai=Z-Ftl '=ttl" dra_:ings and SZ.e-4fi-at101i= ari� pprocurino Proposal= from zonti"aC4Cr5. c 5 t.c =��' , 1i C. 7: t. PreIiMirla;-Y d:-aWII-,g c. Color sa,.iples and material te:.tures d. Photographs The preapplication review does not require formal application, but noti �e should t e giver! to the sc-'"cr-etary cf the cOmfni5Sio;l a -,least text .rurb.irlg d_;s fo•r_ 'ihe mate cf tha t;eetir-ta at t•rh_ch the pi-eliin44nary plans ar= to be discussed. CC.pi_=_ of all document_ submitted with the preapplication shall be provided to the secr•etar-y of the commission in a forms suitable for filing. -• Application submitted to appropriate administrative official. An application for a certificate of appropriateness shall be obtained from and, when completed, filed with the building inspector of the City o` New Bern, who shall then deliver the sarr.e to the secretary of the historic district ccintTtlsslOrl, Or the C:;:Tmissi.3i'= dcsign e. Property _omo1 t?u appiicat: ot:s for certii icstes of I, -t apLi •]Ni rareness =t1all UL CJletiidel cd by vl••.0 ti2s�:.0i�iC U1sLl 1Ct Com;;,is_i]t ai t s nefit I-eg'.i al' fTiecLi;eg 'v:, iCft is ,c_O a. leas., tc{i l.ior'k-t"'a days 3f t=.- _`:e cotYpleted appilcatloie _ilnll i�•]nt�iit = Cf aa'. ,=i:l. O un: �rlT. 1-L1= tie i`.:s rule= OT ;-i�cQdur-_ peterim :i,t the ?o: iii of ._ applicati]ie whi=h is to be f2led for a cet-tt: irate Cf appropi- iatenes=, 'Mild may r equlrC such date as -= r eas onatiy neces= ary to detci-mine '.he :lature of the ap_llcstion. An ar:;plicaticri =_hail not be coilsidered. complete until all the required data shall have b-er,=ubmitted. Nothing shall prevent the applicant from filing with the application, additional rele\,arit information bear i;ig on the application. "otification of historic oistr:ct CO,tm2�SlGrt. Upon receipt of an appll_a-tion, the sa•_retary to the commission, or the commission's designee, aS the case may be, shall notify the historic district commission, and shall provide each member- thereof with a copy, of the application and any additional material submitted in suppo;-t t h e r a a to each member of the commission at least four i= calendar daj a before the :neetiilg of the comm, iss:U:l at wh1Ch the apr IIcat iiJn is to be considered. Net ifieation of affected property owners. Prior - to issuance Or denial of certificate of appropriateness, the commission shall take such action as may reasonably be required to inform the oainers of any property likely to be materially affected by the application, and =_hall give both the applicant and such Dwners an opportunity to be heard at the meeting at whic;-i t e application considered. 0 .v~1:=.. F! Ei =�. it IeCC_�icry, Gi ij =�11"�i�c _ rG")ho'd a pllbl the aDo 1 : La' iGll C0:1lIT S—SiC;il aCtiO:n 017- appliCciti li. The -_3inmilssion shall take action oil tileappi icatiori arid. ill doing so shall apply the review c It=rla, contained in this ordinance. The commmission's action oil the application shall be appi-ovaI approval with modifications, or disapproval. Reasons for commission's ac-�ions to appear in minutes. The cometissioil =_ha11 cause to be entered into the minutes oT its :. et_llcl tr:c i'caSoii' i t� aC•tiGilS Nine =r _ }iC app• �'•a- 3ppi"O` of wi th mo.Si f` icatlons, Cr denial . Time l i,ni If the commission fails to take final action upon any application within sixty (60) days after the complete application is submitted to the building inspector, the application, shall be deemed to be approved. Submission of new application. If the commission determines that a certificate of appropriateness should not be issued, a r:et^r ac'piication affecting the sauna prcpEr ty cTa;Y be=uti-ittrd to the building _n_pec to irimn=-diatel'y', but said application mt.-Ist ref l ect such �haliQ� iIl tilt- FJ1"1v1..1=a1 are necr _]ar-y to addr: ss t`e ce.- =. lis fo Rf-io, denial. Seca Review criteria. intent It is the intention of thane regulations t.0 injure, insofar a possible, that buildings or structures in the histo is district shall b_ in harinony t^,ith otilie buildiliu_s srrtictures l ocatcd therein. HOWeVEr , i t i s not the intention of these regulations to require the reconstruction or restoration of individual or or,glnal buildings, c Prohibit the demolition or rciTo•ial of samie, or tv imoOSe architectural Styles fr0li. the pal- ticu1si- hist"� I periods. In considering clew construction, thie coiTlmission shall enc.3uragc archi t=ctur al �.Ldasign which is har:TfotliC,us vii th the cha.rac ter of the district. In consid=rink whether to orant a certificate of appropriateness, the commission shall take into account the historic or a.chitectura1 =significance or the structure under consideration and the exterior" form and appearance of arl'v proposed additions or modifications to that Structure, as well as the effect of such change or addi:`_ionS upon other structures in the vicinity. 5A-9.2. Exterior form at -id appearance. The following criteria shall be considered, when relevant, by the commission i=_ reviewing applications fol" a CET"tifiCate of appropriateliE=_.=: a. Lct covet -age, defined as the percentage of lot arCri co -,erect by, primary structure=. 1 t. S e t b a c k f 1n m •J 3� l ^. � U i� 4 ^� i l L� f t c m the 1---t V u:..1 i •.i l i 1(-/e l cr.l 1. tom. SPacill:.; Cif .!3uiI'd ings, '.-'scfir?ed a talc:' distant=c b2tWeeo -adi acenL b u 11 d l n g s. _. Exterior- building materials-. f. Proportion, shale. positioning, location, pattern and sizes of arl•y elements Of crleStr-atiOii. .J-1li-T a C:i tit. E_- h. Roof sNapes, forms and materials. i use of local or regional architectural traditions. j. General form and proportions of buildings and structures, and relationship of architectural detailing, =such a== 1 inI.el_, ccrn ces . Erie: bond, and foundation clateria_s. :. ^rientatian of the building to the _tre=t. d tel �:- t=C.1 L•V - 1e _.. O1 1i1'R {Jlii '�j ...r1st l: •_.. l C.it -5 o 1 its -et �e (-.1 �Lc r.11 �1 l: __ a1 - - r--i=tio'r- yo the ' 1 � 1 /l �aa �� � f {YIA i {": a{1� �1 l� �f �iic u. i ' 111C1 11;3=_ :_ a� .J L ri,- _ a r. c2 _ 1 : '�. c fi, l - r m. Pr,:��ortlon of .,j1dth - i 1. T a_ai:C to `:eight or the total bun i -'. - -'-. r:. EffeCt =T tr ees a^d other I -an =pa 21enirm t=. 0. Appurtenant i i:: tures and other f eatuces suc`-1 as l igh t i tl g . P. . l.or?di tiOn alid SOulidi:e=s of er:tC1-iOr mates-ial=_ a:iu y o[-� i''' 2C tunai detail_. g. I.•Jal ls-Physical ingredients, sucn as br1C�:, stone or wo.Ld t^i311S, virough t i rCr1 i f e1-1C=s , evergreen landscape ras=e= , 'u'u l l d i i ice] facades, or combinations of these. r. Color, only as I t applies, "a academic restorat i-Ch = . Ground cover or pa'•: i ng . t. Maintenance of pedestrian scale and orlentstion as -'ae11 a= provision for safe pedestrian movement. Architectural, landscaping, an sig:l guid, e'_inas. Archite--t`1" 1, landscaping, and =ign 'zuide'lines -are of :ouiEI_J ill a c�Gl-t crltitled r.QQE=auli: A tto this, EeCtiOil �, a :d 1= attar- Icy and incorporated herein; by reference. Said �ont-mins arC`l:t?_tClr-al 1ldail:l2_ a-.d design-�tanda' ds lift:C:-.-s:lo� l-IO= 3 � by t hl=stork distrl_t com,r11i= =1Cn 1n ii= _1?slt :t '�[' O• a:^pIiZa G:;s C r _o _1=ppl­u}.: i__ !:nt Th e h i s t or i c U i s t r i c t commi=_sloin shall not z.orsider- the interior of any structure. Sec. Certain changes not prohibited. Nothing in Section 5A of this ordinance shall be considered to prevent the and=nary maintenance o;- repair of any exterio:- architectural feature in the historic district which does not involve -i =.instant" -al mat=7-1_1 out_T- dppaar all== th=re'of nor . prevent thE3 CCinstructlar., re•_onStrl!_tiain, aIterat101, r estona t ion, or demo I i t i c n or any such feature a.,h i ch the bu i ld i in inspector or Similar offiClal shall Certify 2n writing t0 the c^rmmissioin is required by the public safety because of an unsafe or dangerous condition, and no certificate of appropriateness is required in order- to do the things permitted by this paragraph. Sec. Delay in demolition of buildings within historic district. An aNp l iCat 10 `. OI- a `=_ t i If 1Catc O- aperopr iatcrncsS au thcr i :: l ng the Jemo1iticn of a building or structure the distr.-': a;a'•r not be uQ'vd2'.er �}�C=ifcrii're =at= t-.1F such a :--er ificat= m,ay It N-.-rod cT to one hur-J e'd c.g1+, i__ '_i ft-OM i-• - .1 - r_ _ - - r� __i?: _ _ ; o 1 .. 1 a -, section shall be reduced hi :he cclTirni==icn wher e -t fir u_ = ict the Owner vjcuid su-ier extreme Mar dship or be permanent " -y dcbr_ved of all beneficial u7E o-F or r e t'urn+ fr O:'T,. Such property by virtue of the delay. DurIrng such period the historic d_ctr-ict Cam. Imi_Orn may -+�t the and t other parties in an er--Ort to find a ne•�� ia�e pith t-IiC Q4•,rnen a.i• 4Vi.. O� slleains of preserving the t`_iui ldinq. Should the bul lullna have r';O part i•_uiar significance Or value toward maintaining the character cf the d _trict, it shall waive all or part of such period and authar-iwe earlier demolition or removal. Sec. Review of application by commission. As pest cf its review procedure, the commission (na-y view the pretlllses, and s2zak the advlc= a5 It may deem IieCaSsar'� urn ar th cir_umstanc_s. Sec. Appeal of decision. An appeal may to taken to the board of adjustment from the commissian's action in granting or denying any certificate, which appeals; (i) may be taken by an aggrieved party; (ii) shall to taken within" times prescribed by the historic district co;nmi=lion by general rule, 3Tiu ( 111) shall uC in the nature Of CE:-tl:]i"ai-1 `I-i;�.z ai=p+== 1 I C);i the decision of the board of adjustment iin any case shall to heard by the S+lpErlOr Euul't OT lira'✓eln �Ouilty. 4 u c ro CL F= 0 U, Ill 'n IN to Ili 1.11 1� .-I J-_ to Jr - 1: .1-) J-) .3 in in U U C: 1: 1:1 nj ­4 iJ :1, C LL n 0 IJ 1.) Q. Ul 'll CL .41 'o IT) 4, Ill J. It, it Il. LL IJ 4- t.1 Ill 4-1 ID I D ip Ij io tin E in I'U 11) at -1 -, .91 1- C 4-1 .11 In C Ill 4-) ;it rU in ­j *, CL 17, 1-1 U : nCL to IJ 14- qj Ili 0 It — al 1, I-j ID 4-) ni in ru iil U 111 Ij CL (j, III ti- CJ 4-) LI to C: 1__ tu n o Qj t E