Growth Management Ordinance Update-1988-1989

GROWTH MANAGEMENT ORDINANCE UPDATE
CITY OF NEW BERN
GRANT PERIOD JULY 1, 1988 JUNE!-30,. 1989
CONTRACT #C-6050
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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 and that section is later amended or superseded,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superseded section.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.

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Article II
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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
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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.

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(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

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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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Section _ FIexibiIjt�n Administration Requirod_
(a) The Board recognizes that because of the wide variety of types of
developments and the relationships bett-reen them, it is neither nossible nor
prudent to establish inflexible screenfnc; requireinents. 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.
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