Land Use Ordinance Revisions-2000

LAND USE ORDINANCE REVISIONS
CITY OF NEW BERN
March 31, 2000
The preparation of this report was financed in part through a grant provided by the North Carolina Coastal
Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended,
which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and
Atmospheric Administration.
The Wooten Company
Engineering#Planning *Arch itectures
Raleigh/Greenville/Hickory/Asheboro, NC

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LAND USE ORDINANCE REVISIONS
CITY OF NEW BERN
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March 31, 2000
The Wooten Company
Engineering. Planning•Architectures
Raleigh/Greenville/Hickory/Asheboro, NC
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Draft Amendments and Background Data
Alternative Screening Standards
Bed and Breakfast
Day Care Home, Large
Demolition by Neglect of Historic Landmarks and Structures
Family Definition
Marinas
Planned Unit Developments
• Salvage Yards
Boarding Houses
Family Care Homes
Group Care Homes
Homeless Shelters
Halfway Houses
Nursing, Convalescent, and Group Care Institutions
Street Standards
Telecommunications Towers
Table of Permitted Uses
Development Standards for Particular Uses
Manufactured Home Definitions
Rezoning Guidelines for Elected and Appointed Officials
Home Occupations
Traditional Neighborhood Development
Entranceways
Compatibility Standards
Statutory and Constitutional Limitations on Zoning and Land Use
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DRAFT AMENDMENT
Alternative Screening Standards
City of New Bern
1. Add to Article XIX, Screening, Trees, and Planting, Part I, Screening a
new Section 15-368 to read as follows:
15-368 Alternative Screening Methods.
(a) Under certain circumstances the application of the standards
delineated in Section 15-362 through 15-367 is either
inappropriate or ineffective in achieving the purposes of this
Ordinance. When screening is required by this Article or by
other provisions of this Ordinance and the site design,
topography, unique relationships to other properties, lot
configuration, spatial separation, natural vegetation, or other
special considerations exist relative to the proposed
development, the developer may submit a specific plan for
screening to the Zoning Administrator. This plan must
demonstrate how the purposes and standards of this Ordinance
will be met by measures other than those listed in Sections 15-
363 through 15-365. If approved by the Zoning Administrator,
the alternative screening plan may be utilized to meet the
requirements of this Ordinance.
(b) A combination of natural vegetation, fences, walls and berms
may be utilized to achieve the screening requirements of
Sections 15-363 through 15-365 provided that the following
standards are met:
(1) Walls (a minimum of 6 feet in height and constructed of
masonry, stone, metal, pressure treated lumber, or other
suitable materials, but not including chain link fencing) or
an opaque fence (a minimum of 6 feet in height) may be
used to reduce the widths of the screens required in
Section 15-365 by 5 feet.
(2) Understory trees may be substituted for canopy trees if, in
the opinion of the Zoning Administrator upon conferring
with the electrical utility provider, a conflict exists with
overhead utility lines.
(3) Wall planters shall be constructed of masonry, stone,
metal, or pressure treated lumber and shall have a
minimum height of 30 inches. The minimum height of
Draft Land Use Ordinance Amendment 1
February 14, 2000

shrubs in wall planters shall be 6 inches. The effective
planting area of the wall planter shall be 4 feet in width (7
feet if the wall planter contains trees).
(4) Any berm utilized for screening purposes shall have a
minimum height of 3 feet, a minimum crown width of 3
feet, and a side slope no greater than 3:1. Berms shall be
stablized with a ground cover or other suitable vegetation
to prevent erosion and sedimentation. Proposed berms
shall be reviewed and approved by the Zoning
Administrator. The review and approval of berms
proposed to be placed over existing or proposed utility
easements or adjacent to street rights -of -way shall be
coordinated with the Director of Public Works.
(5) When a lot is to be developed so that screening is
required and that lot abuts an existing hedge, fence or
other screening material on the adjoining lot, then that
existing screen may be used to satisfy the requirements of
this Ordinance. The existing screen must meet the
minimum standards for screening established by this
Ordinance and it must be protected from damage by
pedestrians or motor vehicles. However, the burden to
provide the necessary screening remains with the use to
be screened and is a continuing obligation that runs with
the land so long as the original use continues in operation.
Consequently, should the screening on the adjoining lot be
removed, the use required to be screened shall, at that
time, provide screening in accordance with the
requirements of this Ordinance.
Draft Land Use Ordinance Amendment 2
February 14, 2000

DRAFT AMENDMENT
Bed and Breakfast
City of New Bern
1. Amend Section 15-163, Particular Uses to add a new subsection (h)
read as follows:
(h)
Bed and Breakfast facilities are permitted, upon the issuance of
a Special Use Permit, within the R-10, R-8, R-6, C-1. C-2. C-3, and C-4 zoning
districts. The following development standards shall be met:
(1)
The use must be owned and operated by a resident owner.
(2)
The use shall be located in a structure that was originally
constructed as a single-family dwelling.
(3)
Meals served on the premises of a bed and breakfast located
in a residential zoning district shall be only for guests of the
facility.
(4)
In residential zoning districts, there may be one unlighted sign
erected, not to exceed three feet in height and three feet in sign
area. Bed and Breakfast facilities located in nonresidential
zoning districts shall erect signs that conform to Article.
(5)
Parking lots shall be screened from adjoining single-family
residential uses by a Type A buffer yard. The required buffet'
yard shall comply with the requirements of Article XIX.
(6)
Parking spaces, as required in Section 15-342 (g), shall be
located on -site and located in the rear or to the side of the
structure behind the building line.
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2. Amend Section 15-15, Basic Definitions and Interpretations paragraph
(7) to read as follows:
(7) Bed and Breakfast. A residential dwelling in which sleeping and/or eating
accommodations are provided or offered to seven or fewer persons per
night.
3. Amend Section 15-342 (g), Table of Parking Requirements paragraph
1.520 to read as follows:
Use Parking Requirement
1.520 1 space per bedroom, plus 1 space for each employee on the
maximum shift.
Draft Land Use Ordinance Amendment
February 14, 2000

DRAFT AMENDMENT
Is Day Care Home, Large
City of New Bern
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1. Delete current subsection (d), Child care homes of Section 15-163,
Particular Uses. Replace with a new subsection (d), Day Care Home, Large
to read as follows:
(d) Day Care Home, Large. Day care homes, large are allowed in all
zoning districts upon the issuance of a development permit. However, the
following requirements must be met when such use is located within a residential
zoning district:
(1) Off-street parking shall be provided on -site. The number of
parking spaces required shall be one parking space per
employee plus one parking space per 10 children served.
(2) There may be one freestanding sign erected per public street
frontage. The sign(s) shall not exceed 3 feet in height and 3 feet
in sign area
(3) Outdoor activity areas shall be enclosed by a security fence at
least 6 feet in height and shall be located outside of the street
setback.
(4) The use shall not be operated between the hours of 7 p.m. and 7
a.m.
2. Amend Section 15-146, Table of Permitted Uses, to 1.610, Day care
home, small; and 1.620, Day care home, large to read as follows:
Zoning Districts
Use Description All Districts
1.610 Day care home, small Z
1.620 Day care home, large D
Draft Land Use Ordinance Amendment
February 14, 2000

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DRAFT AMENDMENT
Demolition By Neglect Of Historic Landmarks And Structures Within
The New Bern Historic District
City of New Bern
1. Amend Part I of Article XXI, New Bern Historic District by adding a new
Section 15-433 to read as follows:
Section 15-433. Demolition by Neglect
(a) Standards. The exterior features of any building or structure (including walls,
fences, light fixtures, steps, pavement, paths, or any other appurtenant feature),
or any type of outdoor advertising sign either designated as an Historic
Landmark or found to have significance located within the Historic District shall
be preserved by the owner or such other person who may have legal
possession, custody, and control thereof against decay and deterioration and
kept free from structural defects. The owner, or other person having such legal
possession, custody, and control, shall upon written request by the City repair
such exterior features if they are found to be deteriorating, or if their condition is
contributing to deterioration, including but not limited to any of the following
defects:
(1) Deterioration of exterior walls, foundations, or other vertical
support that causes leaning, sagging, splitting, listing, or
buckling.
(2) Deterioration of flooring or floor supports, roofs, or other
horizontal members that causes leaning, sagging, splitting,
listing, or buckling.
(3) Deterioration of external chimneys that causes leaning, sagging,
splitting, listing, or buckling.
(4) Deterioration or crumbling of exterior plasters or mortars.
(5) Ineffective waterproofing of exterior walls, roofs, and foundations,
including broken windows or doors.
(6) Defective protection or lack of weather protection for exterior wall
and roof coverings, including lack of paint, or weathering due to
lack of paint or other protective covering.
(7) Rotting, holes, and other forms of decay.
Draft Land Use Ordinance Amendment
November 15, 1999

(8) Deterioration of exterior stairs, porches, handrails, window and
door frames, cornices, entablatures, wall facings, and
architectural details that causes delamination, instability, loss of
shape and form, or crumbling.
(9) Heaving, subsidence, or cracking of sidewalks, steps, or
pathways.
(10) Deterioration of fences, gates, and accessory structures.
(11) Deterioration that has a detrimental effect upon the special
character of the district as a whole or the unique attributes and
character of the Historic Landmark.
(12) Deterioration of any exterior feature so as to create or permit the
creation of any hazardous or unsafe conditions to life, health, or
other property.
(b) Petition and Action. The Historic Preservation Commission may file a petition
listing specific defects with the Director of Planning and Inspections requesting that he
act under the following procedures to require the correction of deterioration or making of
repairs to any Historic Landmark or significant structure located within the Historic
District so that such structure shall be preserved and protected in accordance with the
purposes of Section 15-411.
(1) Whenever the petition initiated by the Historic Preservation
Commission is filed with the Director of Planning and Inspections
charging that a structure is undergoing demolition by neglect, the
Director of Planning and Inspections (or a designated agent) shall,
if his preliminary investigation discloses'a basis for such charges,
within seven days issue and cause to be served upon the owner
and/or such other person who may have legal possession, custody,
and control thereof, as the same may be determined by reasonable
diligence, a complaint stating the charges in that respect and
containing a notice that a hearing will be held before the Director of
Planning and Inspections at a place within the City in which the
property is located therein fixed not less than thirty nor more than
forty-five days after the serving of such complaint; that the owner
and/or parties in interest shall be given a right to answer to give
testimony at the place and time fixed in the complaint; that the
commission with jurisdiction shall also be given notice of the
hearing; and that the rules of evidence prevailing in courts of law or
equity shall not be controlling in hearings before the Director of
Planning and Inspections. The purpose of the hearing is to receive
evidence concerning the charge of deterioration and to ascertain
whether the owner and/or other parties in interest wishes to petition
Draft Land Use Ordinance Amendment 2
November 15, 1999

the Historic Preservation Commission for a claim of undue
economic hardship.
(2) If after such notice and hearing, the Director of Planning and
Inspections determines that the structure is undergoing demolition
by neglect because it is deteriorating, or if its condition is
contributing to deterioration, according to the standards of
subsection (a), the Director of Planning and Inspections shall state
in writing the findings of fact in support of such determination and
shall issue and cause to be served upon the owner and/or other
parties in interest therein an order to repair within the time specified
those elements of the structure that are deteriorating, contributing
to deterioration, or deteriorated. In the event that the owner and/or
other parties in interest wish to petition for a claim of undue
economic hardship, the Director of Planning and Inspections's
order shall be stayed until after the Historic Preservation
Commission's determination in accordance with the procedures of
subsection (d), except as provided for in subsection (e).
(c) Methods of Service. Complaints or orders issued by the Director of Planning and
Inspections shall be served upon persons either personally or by registered or certified
mail; but if the whereabouts of such persons are unknown and the same cannot be
ascertained by the Director of Planning and Inspections in the exercise of reasonable
diligence, and the Director of Planning and Inspections shall make an affidavit to that
effect, stating the steps taken to determine and locate the persons in interest, then the
serving of such complaint or order may be made by publishing the same once each
week for two successive weeks in a newspaper generally circulated within the City.
Where such service is by publication, a notice of the pending proceedings shall be
posted in a conspicuous place on the premises thereby affected.
(d) Safeguards From Undue Economic Hardship.
(1) When a claim of undue economic hardship is made owing to the
effects of this article, the Director of Planning and Inspections shall
notify the Commission with jurisdiction within three days following the
hearing on the complaint. The Commission shall schedule a hearing
on the claim at its next regular meeting, within the limitations of its
procedures for application deadlines.
The petitioner shall present the information provided under subsection
(2) to the Commission.
The Commission may require that an owner and/or parties in interest
furnish such additional information that is relevant to its determination
of undue economic hardship. The Commission may direct its staff to
furnish additional information as the Commission believes is relevant.
Draft Land Use Ordinance Amendment 3
November 15, 1999

The Commission shall also state which form of financial proof it deems
relevant and necessary to a particular case.
In the event that any of the required information is not reasonably
available to the owner and/or parties in interest and cannot be obtained
by the owner, the owner shall describe the reasons why such
information cannot be obtained.
(2) When a claim of undue economic hardship is made owing to the
effects of this article, the owner and/or parties in interest must provide
evidence during the hearing upon the claim, describing the
circumstances of hardship. The minimum evidence shall include for all
property the nature of ownership (individual, business, or nonprofit) or
legal possession, custody, and control.
Findings made by the Director of Planning and Inspections or by the
Commission with jurisdiction may be appealed to the Board of
Adjustment. To perfect such an appeal, application must be filed by an
aggrieved party with the Board of Adjustment within ten days following
receipt of the order for repair of the property or determination. Appeals
shall be in the nature of certiorari.
(e) Other City Powers. Nothing contained within this article shall diminish the City's
power to declare an unsafe building or a violation of the minimum housing code.
(f) Penalties and Remedies. Enforcement of this Section may be by any one or more
of the following methods, and the institution of any action under any of these methods
shall not relieve any party from any other civil or criminal proceeding prescribed for
violations and prohibitions.
(1) Equitable Remedy. The City may apply for any appropriate
equitable remedy to enforce the provisions of this Section.
(2) Order of Abatement. The City may apply for and the court may
enter an order of abatement. An order of abatement may direct that
improvements or repairs be made, or that any other action be taken
that is necessary to bring the property into compliance with this
Section. Whenever the party is cited for contempt by the court and the
City executed the order of abatement, the City shall have a lien, in the
nature of a mechanic's and materialman's, on the property for the cost
of executing the order of abatement.
(3) Civil Penalty. No civil penalty shall be levied unless and until the
Planning Department shall deliver a written notice by personal service
or by registered mail or by certified mail, return receipt requested, to
Draft Land Use Ordinance Amendment
November 15, 1999

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the person responsible for each violation indicating the nature of the
violation and ordering corrective action. The notice shall also set forth
the time period when corrective measures must be completed. The
notice shall state that failure to correct the violation within the specified
time period will result in the assessment of civil penalties and other
enforcement action. If after the allotted time period has expired and
after the hearing of an appeal if any by the Board of Adjustment,
corrective action has not been completed, a civil penalty shall be
assessed in the amount of one hundred dollars per day of continuing
violation.
Draft Land Use Ordinance Amendment 5
November 15, 1999

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DRAFT AMENDMENT
Family Definition
City of New Bern
1. Amend Section 15-15, Basic Definitions and Interpretations to revise
paragraph 37, Family to read as follows:
(37) Family. One person or a group of persons related by blood or marriage,
plus up to three unrelated persons.
2. Amend Section 15-15, Basic Definitions and Interpretations to revise
paragraph 86, Residence, single-family detached to read as follows:
(86) Residence, single-family detached. A separate, detached building designed
for and occupied exclusively by one family.
These proposed definitions will make it clear that unrelated persons may be
included in a single-family housing situation but, at the same time, puts a limit on
the number or unrelated persons that may reside in a single-family dwelling.
Thus, if a use has more than three unrelated persons it can not be classified as a
single-family dwelling. It is felt that this definition is consistent will the
requirements of the federal Fair Housing Act which prevents the discrimination of
certain familial arrangements such as persons with legal custody of unrelated
children. While courts have upheld the regulation of the number of unrelated
persons that occupy a single dwelling unit, they have generally invalidated the
local regulation of the number of related persons.
Draft Land Use Ordinance Amendment
November 16, 1999

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DRAFT AMENDMENT
Marinas
City of New Bern
1. Amend Section 15-146, Table of Permitted Uses, Use Category 6.200
(Recreation, amusement, and entertainment activity conducted
primarily outside enclosed buildings or structures) to include a
subsection 6.270 to read as follows:
Zoning Districts
Use Description C-1 C-2 C-3 1-1 1-2
6.270 Marinas S S S S S
2. Add anew section 15-171 to read as follows:
Section 15-171 Marinas
(A) Marinas are permitted by special use permit C-1, C-2, C-3, 1-1,
and 1-2 zoning districts.
(B) Access. The marina shall have vehicular access to a collector
or higher classified street.
(C) Use Separation. There shall be a minimum 50 feet distance
between any buildings, structures, or outdoor use areas associated with the
marina and any adjacent residentially -used or zoned lot.
(D) Dust and Particulates. Emissions of dust and particulates shall
be in accordance with the State of North Carolina rules and regulations
governing air contamination and air pollution. Points of ingress and egress shall
be paved with either concrete or asphalt. Any unpaved areas shall be
maintained in a manner which prevents dust from adversely impacting adjacent
properties.
(E) Noise. Equipment -producing noise or sound in excess of 70
decibels shall be located no closer than 100 feet to the nearest residence.
(F) Parking. Parking shall be provided in accordance with the
requirements of Section 15-342.
(G) Screening. Parking
storage facilities, and boat maintenanc
uses with a Type A Opaque Screen.
the requirements of Article XIX.
Draft Land Use Ordinance Amendment
November 11, 1999
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lots, outdoor storage, dry stack boat
areas shall be screened from adjoining
The required screening shall comply with

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(H) Sewage Pump Out Facilities. Sewage pump out facilities shall
be provided on -site in accordance with city standards and specifications for
wastewater facilities as well as any applicable county or state wastewater
disposal regulations.
(1) CAMA Use Standards. The marina shall meet the applicable
requirements of Title 15, Subchapter 7H, Section .0208 (b) (5), Use Standards
for Marinas, as amended.
3. Amend Section 15-15, Basic Definitions and Interpretations to add a
paragraph 65.1 to read as follows:
(65.1) Marina. A publicly or privately -owned dock, basin or wet boat storage
facility constructed to accommodate more than ten boats and providing
any of the following services: permanent or transient docking spaces, dry
storage, fueling facilities, haulout facilities, and repair services. Marinas
may also include restaurant and hotel facilities. The marina definition
does not include boat ramp facilities allowing access only, temporary
docking facilities where none of the previously identified services are
provided, and noncommercial docks and piers accommodating ten or
less boats.
4. Amend Section 15-342 (g), Table of Parking Requirements to add a
paragraph 6.270 to read as follows:
Use Parking Requirement
6.270 1 space per boat slip, plus 1 space per 200 square feet of gross
floor area devoted to retail sales or restaurants and 1 space for each
hotel room rented.
Draft Land Use Ordinance Amendment 2
November 11, 1999

DRAFT AMENDMENT
Planned Unit Developments
City of New Bern.
1. Amend Section 15-140, Planned Unit Developments Established, to add
a new sentence to the end of paragraph (a) to read as follows:
Additional design standards and requirements for planned unit
developments are outlined in Section 15-155, Planned Unit
Developments.
2. Amend Section 15-140, Planned Unit Developments Established,
subparagraph (1) to read as follows:
(1) The residential planned unit development (PUD) is designed to
accommodate only those uses which would be permissible within one of the City
of New Bern's residential districts (A-5, A-5F, R-20, R-15, R-10, R-10A, R-10S,
R-8, and R-6). All development must be in accordance with the regulations
applicable to the residential zoning district to which the particular PUD
corresponds, except as modified in paragraph (a) of this section and in Section
15-155.
3. Amend Section 15-155, Planned Unit Developments, to add the following
0 to the end of subparagraph (a):
A PUD shall be designed by a licensed architect or landscape architect.
The design of the PUD shall achieve the following objectives:
• Compability of buildings and other improvements as
determined by their arrangement, bulk, form, character, and
landscaping to establish a livable, harmonious, and diverse
environment;
• Human scale design;
• Encouragement of pedestrian activity;
• Buildings that are oriented toward the street;
• A generally rectilinear pattern of interconnecting streets and
blocks;
• Well -configured passive and active open space woven into
the pattern of the PUD; and
• Natural features and undisturbed areas that are incorporated
into the open space.
It shall be the responsibility of the developer of a PUD to demonstrate,
to the satisfaction of the City, that the proposed PUD complies with
each of the above -delineated objectives.
Draft Land Use Ordinance Amendment
February 14, 2000

4. Amend Section 15-155, Planned Unit Developments, to add a new
subparagraph (e) to read as follows:
(e) Residential PUDs and the residential portion(s) of any mixed use
planned unit development shall adhere to the following development
standards:
(1) The minimum development area shall be 10 acres, except where
the proposed PUD parcel is contiguous to a developed or planned
PUD in which case there is no minimum development area
requirement.
(2) Principal dwelling building setbacks shall be provided so that there
is a proportional relationship between the size of the lot and the
building setback. The location of dwellings near the street right-of-
way is encouraged. Within infill PUDs, residential building setbacks
shall be based upon the average of the existing setbacks for lots
within 500 feet of the PUD project. An infill PUD is defined as a
planned unit development project that is located on a tract that is
surrounded on two or more sides by existing residential
development which contains traditional lots and building setbacks
that are substantially larger than those within the proposed PUD
project.
(3) Sidewalks shall be provided on both sides of streets within the
PUD.
(4) To facilitate the location of dwellings closer to the street right-of-
way, off-street parking shall not be located in front of the principal
dwelling. Detached garages shall be located only to the rear of the
principal dwelling. Attached garages may be located to the side or
to the rear of the principal dwelling. Additional visitor parking areas,
as determined by the Planning and Inspections Department, may
be required within residential areas containing lots smaller than
8,000 square feet.
(5) Alleys are encouraged to provide alternative vehicular access to
lots. Where alleys are provided, utilities shall, to the extent
practicable, be located within the alleys. The design of proposed
alleys shall be coordinated with and approved by the City Engineer.
(6) Common open space shall be provided in accordance with the
following table:
PUD Acres
% Open Space Required
< 50 acres
5.0 percent
50-75 acres
7.5 percent
76-100 acres
10.0 percent
> 100 acres
12.5 percent
Draft Land Use Ordinance Amendment 2
February 14, 2000

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(7) Open space may be used for both natural, passive areas and active
developed recreational areas and shall be developed in accordance
with the provisions of Article XIII, Open Space.
(8) In mixed use PUDs, the nonresidential portion of the PUD shall be
designed, located, and oriented on the site so that such uses are
directly accessible, by means of streets, sidewalks, and paths, to
the residential portions of the PUD.
(9) The perimeter of the PUD shall be compatible with the existing land
uses that abut or is directly across the street from the PUD tract.
Compatibility includes but is not limited to size, scale, mass, and
architectural design.
5. Amend Section 15-196, Usable Open Space, to add a new subparagraph
(e) to read as follows:
(e) Open space requirements for planned unit developments (PUDs)
are provided in Section 15-155 (e) (6).
Draft Land Use Ordinance Amendment 3
February 14, 2000

Existing PUD Requirements
Types of PUDs Allowed
• Residential
• Residential/Commercial
• Commercial
• Commercial/Industrial
• Industrial
Use Restrictions
• Residential/Commercial in residential district: commercial limited to 10% of
total tract area.
• Commercial/industrial in a commercial district: industrial limited to 10% of
total tract area.
• Nonresidential portions may not be occupied until all residential portions are
completed.
Additional Requirements And Features
• Minimum Development Area: 10 acre minimum for residential; 20 acres for
mixed use.
• Maximum average overall density.
• Density Bonus for on -site pedestrian facilities, parks, and greenway facilities
that exceed city minimum standards, multiple use of stormwater detention
ponds, affordable housing.
• Direct vehicular and pedestrian access to nonresidential portions.
• Recreational and open space requirements based upon gross acreage in the
PUD and average gross density.
• Treatment of boundary/transition areas.
• Proportional share of required open space and common facilities provided in
each phase of the PUD.
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0 CLUSTER SUBDIVISIONS
Concepts
• Smaller lots with buildings sited closer together.
• Overall densities remain the same.
• Structures can be concentrated on the most buildable portion of the site.
• Natural areas, open space, and environmentally -sensitive portions of the site
can be preserved.
• Development costs are lower since a smaller portion of the site has to be
cleared and streets and utility lines are shorter.
• Maintenance costs are reduced due to more compact infrastructure design.
• Reduced amount of impervious surfaces improves stormwater management
and water quality.
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Figure 16
COMPARISON OF CONVENTIONAL
. AND CLUSTER DEVELOPMENT
Conventional Subdivision
(153 Lots)
L�
Cluster Subdivision
(153 Lots)
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DRAFT AMENDMENT
Salvage Yards
City of New Bern
1. Amend Section 15-146, Table of Permitted Uses, Use Category 11.000
(to read as follows:
Zoning District
Use Description 1-2
11.000 Salvage Yards, Auto Parts S
Salvage Yards, Scrap Processing
2. Amend Section 15-163, Particular Uses to add anew subsection (f) read
as follows:
(f)
Salvage yards are permitted within the 1-2, Industrial District
upon the issuance of a special use permit. The following development standards
shall be met:
(1)
The minimum area required to establish a salvage yard shall
be 5 acres.
(2)
The operations of salvage yards shall not be any closer than
300 feet to any residential property line. Neither should any
such operations be closer than 300 feet to the property line of
any school, hospital, nursing and convalescent home, or day
care facility.
(3)
Salvage yards shall be enclosed by a sight obstructing screen
of at least 6 feet in height adjacent to public streets and 8 feet
in height adjacent to properties of a residential, educational or
institutional nature. All such screens shall be maintained in a
sound and stable manner for the life of the operation.
Entrances and exits shall be secured when the salvage yard is
closed. If state or federal requirements for screening are more
stringent, such requirements shall be applicable.
(4)
Equipment -producing noise or sound in excess of 70 decibels
shall be located no closer than 400 feet to the nearest
residence. No noisy processing shall be carried on in
connection with the business on Sundays, Christmas Day,
Thanksgiving Day, or at any time between the hours of 6:00
p.m. and 7:00 a.m.
(5)
No vibration shall be produced which is transmitted through the
ground and which is discernable without the aid of instruments
at or beyond the lot .line; nor will any vibration produce a
particle velocity of 2.0 inches per second measured at or
beyond the property line.
Draft Land Use Ordinance Amendment
November 11, 1999

(6)
Emissions of dust and particulates shall be in accordance with
the State of North Carolina rules and regulations governing air
contamination and air pollution. Particulate matter emission
from materials and products subject to becoming windborn will
be kept to a minimum by paving, sodding, oiling, wetting,
covering or other means such as to render the surface wind
resistant. Points of ingress and egress shall be paved/hard-
surfaced with either concrete or asphalt.
(7)
Emissions of smoke and burning of non -vegetative matter shall
not be permitted on the site of a salvage yard.
(8)
Disposal of trash and garbage shall be in an approved
container and be regularly maintained. Open dumping of trash
or garbage shall be prohibited.
(9)
Disposal of toxic/hazardous matter on any salvage yard site
shall be expressly forbidden.
(10)
Storage of fuels shall be contained in below ground tanks
meeting the requirements of the State of North Carolina. No
such fuel storage shall be within 1,000 feet of any residential,
educational, or institutional structure. Location of fuel storage
tanks shall be so designed as to prevent leakage or spillage
into any stream. Gasoline and oil shall be removed from scrap
engines or vehicles on the premises and adequately stored for
disposal.
(11)
Salvage yard sites shall be adequately drained to assure that
no standing water shall exist that might provide breeding
habitation for insects.
(12)
Weeds and vegetation on the premises, other than trees and
required screening materials, shall be kept at a height of not
more than 6 inches.
(13)
Salvage materials shall be stored in piles not exceeding 10 feet
in height and shall be arranged as to permit easy access to all
such salvage for fire fighting purposes.
(14)
The facility shall obtain all applicable state and federal permits.
(15)
All buildings and outside storage areas shall be screened from
abutting properties with a Type A Opaque Screen. The
required screening shall comply with the requirements of Article
XIX.
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3. Amend Section 15-15, Basic Definitions and Interpretations to add a
new paragraph 87.1 and 87.2 to read as follows:
(87.1) Salvage Yard, Auto Parts. Any establishment listed in the Standard Industrial
Classification Manual under Industry Number 5015. Also, any land or area
used, in whole or part, for the storage, keeping, accumulation, dismantling,
demolition, or abandonment of inoperable vehicles or parts therefrom.
Draft Land Use Ordinance Amendment 2
November 11, 1999

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(87.2) Salvage Yard, Scrap Processing. Any establishment listed in the Standard
Industrial Classification Manual under Industry Number 5093. Also, any land or
area used, in whole or part, for the storage, keeping, accumulation of scrap or
waste materials, including scrap metals, waste paper, rags, building materials,
machinery, or other scrap materials.
Draft Land Use Ordinance Amendment 3
November 11, 1999

DRAFT AMENDMENT
Boarding Houses
City of New Bern
1. Amend Section 15-163, Particular Uses to add a new subsection (g)
read as follows:
(g)
Boarding houses and rooming houses are permitted within the
R-8, R-6, C-5,
C-5A, C-1, C-21 C-3, C-4, 1-1, ' and 1_2 zoning districts upon the
issuance of a special use permit. The following development standards shall be
met:
(1)
The use must be operated by a resident owner or manager.
(2)
The use shall be located in a structure that was originally
constructed as a single-family dwelling.
(3)
Meals served on the premises shall be only for residents of the
facility.
(4)
There may be one unlighted sign erected, not to exceed three
feet in height and three feet in sign area. Boarding houses
located in nonresidential zoning districts may erect signs that
conform to Article XVI1.
(5)
Parking lots shall be screened from adjoining single-family
residential uses by a Type A buffer yard. The required buffer
yard shall comply with the requirements of Article XIX.
(6)
No such use shall be located within a 400-foot radius of
another boarding and rooming house (as measured by a
straight line and not street distance).
(7)
Parking spaces, as required in Section 15-342 (g), shall be
located on -site and located in the rear or to the side of the
structure behind the building line.
(8)
The special use permit authorizing such use shall be renewed
annually (every 12 months) by the Board of Adjustment.
Failure to apply for renewal within the specified time period
shall render the special use permit null and void. The special
use permit may be revoked by the Board of Adjustment at any
time upon a finding that the use has caused a habitual
nuisance to adjacent properties.
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2. Amend Section 15-15, Basic Definitions and Interpretations to add a
paragraph (8) to read as follows:
(8) Boarding House. A dwelling or part thereof, in which lodging is provided by
the owner or operator to more than three boarders.
Draft Land Use Ordinance Amendment
February 14, 2000

•
3. Amend Section 15-342 (g), Table of Parking Requirements to add a
paragraph 1.420 to read as follows:
Use Parking Requirement
1.420 1 space per bedroom, plus 1 space for each employee on the
maximum shift.
Draft Land Use Ordinance Amendment 2
February 14, 2000

•
DRAFT AMENDMENT
Family Care Homes
City of New Bern
1. Amend Section 15-15, Basic Definitions and Interpretations to add a
new paragraph 37.1 to read as follows:
(37.1) Family Care Home. A home meeting the North Carolina Residential
Building Code with support and supervisory personnel that provides room and
board, personal care and habilitation services in a family environment for six or
less resident handicapped persons, pursuant to NCGS 168-21. No new family
care home shall be established closer than 2,000 feet, measured from property
line to property line, to an existing family care home.
2. Amend Section 15-15, Basic Definitions and Interpretations to delete
paragraph 17, Child care home: paragraph 18, Child care institution:
paragraph 47, Handicapped, aged, or infirm home: and paragraph 56,
Intermediate care home.
3. Delete Section 15-163 (d), Child care homes in its entirety.
4. Rename Section 15-146, Table of Permitted Uses, Use Category 1.400,
from `Group homes' to `Group homes and homes emphasizing special
services, treatment or supervision'.
5. Delete Section 15-146, Table of Permitted Uses, Use Category 1.600,
Homes emphasizing special care services, treatment or supervision in
its entirety: Use 1.610, Nursing care homes, intermediate homes: and
Use 1.630, Child care homes
6. Rename Section 15-146, Table of Permitted Uses, Use Category 1.410
from `Homes for handicapped or infirm' to 'Family care homes' and
amend the zoning districts in which permitted to read as follows:
Zoning Districts
Use Description All Districts
1.410 Family care homes Z
Draft Land Use Ordinance Amendment
February 14, 2000

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DRAFT AMENDMENT
-Group Care Homes
City of New Bern
1. Amend Section 15-163, Particular Uses to add anew subsection (i) read
as follows:
(i) Group care homes are permitted within the R-8, R-6, and C-5
zoning districts zoning districts upon the issuance of a special use permit. The
following development standards shall be met:
(1) No such facility shall be located within 2.000 feet of an existing
group care facility.
(2) The facility shall be limited to not more than 30 persons
including resident managers.
(3) The use shall be sited and operated so as to mitigate impacts
on adjoining residential properties.
(4) In residential zoning districts, there may be one unlighted sign
erected, not to exceed three feet in height and three feet in sign
area. Facilities located in nonresidential zoning districts may
erect signs that conform to Article XVIL
(5) Parking lots shall be screened from adjoining single-family
residential uses by a Type A buffer yard. The required buffer
yard shall comply with the requirements of Article XIX.
(6) Parking spaces, as required in Section 15-342 (g), shall be
located on -site and located in the rear or to the side of the
structure behind the building line.
2. Amend Section 15-15, Basic Definitions and Interpretations to add a
paragraph 44.1 to read as follows:
(44.1) Group Care Home. A facility licensed by the State of North Carolina (by
whatever name it is called, other than 'Family Care Home' as defined by this
Ordinance), with support and supervisory personnel that provides room and
board, personal care or habilitation services in a family environment for not more
than fifteen people.
3. Amend Section 15-146, Table of Permitted Uses, Use Category 1.400 to
add a new subsection 1.440, Group care homes to read as follows:
Draft Land Use Ordinance Amendment
February 14, 2000

•
Use
1.440
Description
Group care homes
Draft Land Use Ordinance Amendment
February 14, 2000
District
Special Use Permit in the
following districts: A-5. A-5F,
R-10, R-1OA, R-8. R-6, C-5,
C-5A. C-1. C-2. C-3. CA
1-1, and 1-2

DRAFT AMENDMENT
Homeless Shelters
City of New Bern
1. Delete Section 15-163, subsection (e), Homeless shelters and replace
with a new subsection (e) to read as follows:
(e)
Homeless shelter facilities are permitted within the C-5, C-1, C-
3, 1-1, and 12 zoning districts upon the issuance of a conditional use permit. The
following development standards shall be met:
(1)
No such facility shall be located within a 2,000 foot radius
(measured by a straight line and not street distance) of another
homeless shelter.
(2)
The use must be operated by a resident owner or manager.
(3)
The use shall be sited and operated so as to mitigate impacts
on adjoining residential properties.
(4)
The use shall be owned and managed by a charitable or
benevolent operation qualifying for tax exemption under
Section 501 of the Internal Revenue Code as amended.
(5)
There shall be no compensation required for occupancy in the
shelter.
(6)
There shall be a minimum of fifty square feet of sleeping space
per person.
(7)
Parking lots shall be screened from adjoining single-family
residential uses by a Type A buffer yard. The required buffer
yard shall comply with the requirements of Article XIX.
(8)
Parking spaces, as required in Section 15-342 (g), shall be
located on -site and located in the rear or to the side of the
structure behind the building line.
(9)
The conditional use permit authorizing such use shall be
renewed annually (every 12 months) by the Board of Aldermen.
Failure to apply for renewal within the specified time period
shall render the conditional use permit null and void. The
conditional use permit may be revoked by the Board of
Aldermen at any time upon a finding that the use has caused a
habitual nuisance to adjacent properties.
(10)
Maximum occupancy of 20 persons.
2. Amend Section 15-15, Basic Definitions and Interpretations to add a
paragraph 52.1 to read as follows:
(52.1) Homeless Shelter. A facility operating year-round which provides lodging
and supportive services including, but not limited to, a community kitchen;
assistance in obtaining permanent housing; medical counseling, treatment,
and/or supervision; psychological counseling, treatment, and/or supervision;
Draft Land use Ordinance Amendment
February 14, 2000

•
•
assistance in recuperating from the effects of or refraining from the use of drugs
and/or alcohol; nutritional counseling; employment counseling; job training and
placement; and child care for indigent individuals and/or families with no regular
home or residential address; and which complies with the following requirements:
(1) the facility shall be contained within the building and operated by a
government agency or nonprofit organization; (2) a minimum floor space of fifty
square feet shall be provided for each individual sheltered; and (3) the facility
operator(s) shall provide continuous on -site supervision by an employee(s)
and/or volunteer(s) during the hours of operation.
3. Amend Section 1 &15, Basic Definitions and Interpretations to delete
paragraph 89, Shelter, off -premises and 90, Shelter, on -premises.
4. Amend Section 15-342 (g), Table of Parking Requirements to add a
paragraph 1.530 to read as follows:
Use Parking Requirement
1.530 1 space per resident staff member, plus 2 spaces per 3 nonresidential
staff members and/or volunteers on the largest shift, plus 1 space per
vehicle used in the operation.
Draft Land use Ordinance Amendment 2
February 14, 2000

DRAFT AMENDMENT
Halfway Houses
City of New Bern
1. Amend Section 15-163, Particular Uses to add a new subsection (k)
read as follows:
(k) Halfway houses are permitted within the C-5, C-1, C-2, and C-3
zoning districts upon the issuance of a conditional use permit. The following
development standards shall be met:
(1) The use must be operated by a resident owner or manager.
(2) No such facility shall be located within 2,000 feet of an existing
halfway house.
(3) The facility shall be limited to not more than 11 persons
including resident managers.
(4) The use shall be sited and operated so as to mitigate impacts
on adjoining residential properties.
(5) Parking lots shall be screened from adjoining single-family
residential uses by a Type A buffer yard. The required buffer
yard shall comply with the requirements of Article XIX.
(6) Parking spaces, as required in Section 15-342 (g), shall be
located on -site and located in the rear or to the side of the
structure behind the building line.
2. Amend Section 15-342 (g) Table of Parking Requirements to delete Use
1.620 and the accompanying parking requirement. Add a new Use
1.540 to read as follows:
1 space for every 5 beds, plus 1 space for each employee on the maximum
shift.
Draft Land use Ordinance Amendment
February 14, 2000

DRAFT AMENDMENT
Nursing, Convalescent, and Group Care Institutions
City of New Bern
1. Amend Section 15-163, Particular Uses to add a new subsection Q),
Nursing, convalescent, and group care institution to read as follows:
0) Nursing, convalescent, and group care institutions are permitted
within the A-5, A-5F, R-20, R-10A, R-8, R-6, C-5, and C-3 zoning districts zoning
districts upon the issuance of a special use permit. The following development
standards shall be met:
(1) The minimum lot area required for this use shall be the
minimum lot size for the district plus 8,000 square feet for the
first 9 patient beds, rooms, or suites plus 1,000 square feet for
each additional patient bed, room, or suite.
(2) The following minimum dimensional requirements shall apply to
nursing and convalescent homes located within residential
zoning districts:
(a) Street Right-of-way Building Setback: 50 feet
(b)
Side Property Line Building Setback: 50 feet
(c)
Rear Property Line Building Setback:. 50 feet
(d)
Minimum Lot Width: 200 feet
(e)
Minimum Building Separation: 20 feet
(3) Parking lots shall be screened from adjoining single-family
residential uses by a Type A buffer yard. The required buffer
yard shall comply with the requirements of Article XIX.
(4) The use shall be sited and operated so as to mitigate impacts
on adjoining residential properties.
(5) In residential zoning districts, there may be one unlighted sign
erected, not to exceed three feet in height and twenty square
feet in sign area. Facilities located in nonresidential zoning
districts may erect signs that conform to. Article XVII.
2. Delete Section 15-15, Basic Definitions and Interpretations paragraph
48, Handicapped, aged, or infirm institution; paragraph 57, Intermediate
care institution; paragraph 74, Nursing care home and paragraph 75,
Nursing care institution. Add a new paragraph 74, Nursing, convalescent,
and group care institution to read as follows:
(74) Nursing, convalescent, and group care institution. An institutional
establishment which provides full-time convalescent or chronic care, or both, to
persons who are not related by blood or marriage to the operator, or who, by
0
Draft Land Use Ordinance Amendment
February 15, 2000

•
•
reason of advanced age, chronic illness or infirmity, are unable to care for
themselves.
3. Rename Section 15-146, Table of Permitted Uses, Use Category 7.200
from 'Nursing care institutions, intermediate care institutions,
handicapped or infirm institutions, child care institutions' to 'Nursing,
convalescent, and group care institutions' and amend the zoning
districts in which permitted as follows:
Zoning Districts
Use Description A=5 A-5F R-20 R-10A RR=8 R=6 C_5 C=3
7.200 Nursing,Convalescent, & S S S S S S S S
Group Care Institutions
Draft Land Use Ordinance Amendment 2
February 15, 2000

DRAFT AMENDMENT
Street Standards
City of New Bern
1. Amend Section 15-210 (b) (3) Cul-de-sac, to read as follows:
Cul-de-sac. A minor street that terminates in a vehicular turnaround
with a minimum street width of 25 feet back of curb to back of curb and
not over 400 feet in total length. Additional cul-de-sacs shall not
intersect with this type of street.
2. Amend Section 15-127, General Layout of Streets, subparagraph (a) to
read as follows:
(a) Subcollector, local, and minor residential streets shall be curved
whenever practicable to the extent necessary to avoid conformity of lot
appearance. Streets shall interconnect within a development as well as with
surrounding streets. Cul-de-sac streets shall be permitted only where, in the
opinion of the Director of Public Works, topographic and/or exterior lot line
configurations offer no practicable alternative for connection or through traffic.
The standard maximum length for a cul-de-sac street, when permitted, shall be
400 feet.
I* 3. Amend Section 15-127, General Layout of Streets, subparagraph (b) to
read as follows:
•
(b) To the extent practicable, driveway access to collector streets shall
be minimized to facilitate the free flow of traffic and avoid traffic hazards.
4. Amend 'Section 15-127, General Layout of Streets, to add a new
subparagraph (h) to read as follows:
(h) The use of traffic calming devices such as raised intersections,
lateral shifts, and traffic circles are encouraged as alternatives to
conventional traffic control measures. All proposed traffic calming
devices shall be reviewed and approved by the Director of Public
Works.
Draft Land Use Ordinance Amendment 1
February 14, 2000

is
is
CONNECTIVITY
(NOTE: The measure of connectivity is the number of street links divided by the
number of nodes. Nodes exist at street intersections as well as cul-de-sac heads.
Links are the stretches of road that connect nodes.. Stub outs shall also be
considered as links.
In this example, there are 11 links (circles) and 9 nodes (stars); therefore, the
connectivity index is 1.22.)
Connectivity Ratio is the number of street sections between intersections and
cul-de-sacs divided by the number of intersections and cul-de-sac heads.

is
DRAFT AMENDMENT
Telecommunications Towers
City of New Bern
1. Add anew section 15-170 to read as follows:
Section 15-170 Telecommunications towers
(A) Telecommunications towers, when located on privately -owned
property are permitted by special use permit in A-5, A-5F, C-S, C-1, C-2, C-3, 1-1,
and 1-2 districts. Such towers, when located on government facilities and
structures, are allowed by zoning permit.
(B) Submission Requirements
An application for a special use permit for a telecommunications
tower and facilities shall include:
(1) The names, addresses, and telephone numbers of the
owner and lessee of the parcel of land upon which the
tower is proposed to be situated. If the applicant is not the
owner of the parcel of land upon which the tower is
proposed to be situated, the written consent of the owner
shall be evidenced in the application.
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(3) The legal description, property tax parcel identification
number, and address of the parcel of land upon which the
tower is proposed to be situated.
(4) The names, addresses, and telephone numbers of all
owners of other towers or usable antenna support
structures within a one-half mile radius of the proposed
new tower site, including city -owned property.
(5) A description of the design plan proposed by the applicant.
The applicant must identify the utilization of the most
recent technological design as part of the design plan.
The applicant must demonstrate the need for towers and
why design alternatives cannot be utilized to accomplish
the provision of the applicant's telecommunications
services.
Draft Land Use Ordinance Amendment
June 23, 1999

(6) An affidavit attesting to the fact that the applicant made
diligent, but unsuccessful, efforts to obtain permission to
install or collocate the applicant's telecommunications
facilities on city -owned towers or usable antenna support
structures located within a one-half mile radius of the
proposed tower site.
(7) An affidavit attesting to the fact that the applicant made
diligent, but unsuccessful, efforts to install or collocate the
applicant's telecommunications facilities on towers or
usable antenna support structures owned by other
persons located within a one-half mile radius of the
proposed tower site.
(8) Written technical evidence from an engineer(s) that the
proposed tower or telecommunications facilities cannot be
installed or collocated on another person's tower or usable
antenna support structures owned by other persons
located within one-half mile radius of the proposed tower
site.
(9) A written statement from an engineer(s) that the
construction and placement of the tower will not interfere
with public safety communications and the usual and
customary transmission or reception of radio, television, or
other communications services enjoyed by adjacent
residential and nonresidential properties.
(10) Written, technical evidence from an engineer(s) that the
proposed structure meets the standards set .forth in
subsection (E), Structural Requirements.,
(11) Written, technical evidence from a qualified engineer(s)
acceptable to the Fire Chief and the Zoning Administrator
that the proposed site of the tower or telecommunications
facilities does not pose a risk of explosion, fire, or other
danger to life or property due to its proximity to volatile,
flammable, explosive, or hazardous materials such as LP
gas, propane, gasoline, natural gas, or corrosive or other
dangerous chemicals.
(12) In order to assist the city staff and the Board of Adjustment
in evaluating visual impact, the applicant shall submit color
photo simulations showing the proposed site of the tower
with a photo -realistic representation of the proposed tower
Draft Land Use Ordinance Amendment 2
June 23, 1999

as it would appear viewed from the closest residential
property and from adjacent streets.
(13) The Telecommunications Act gives the FCC sole
jurisdiction of the field of regulation of RF emissions and
does not allow the Board of Adjustment to condition or
deny on the basis of RF impacts the approval of any
telecommunications facilities (whether mounted on towers
or antenna support structures) which meet FCC
standards. Applicants shall be required to submit
information on the proposed power density of their
proposed telecommunications facilities and demonstrate
how this meets FCC standards.
(14) The Zoning . Administrator may require an applicant to
supplement any information that the Zoning Administrator
considers inadequate or that the applicant has failed to
supply. The Zoning Administrator may deny an
application on the basis that the applicant has not
satisfactorily supplied the information required in this
subsection.
(C) Height
Towers shall be permitted to a height of one hundred and fifty
feet in accordance with subsection (P), Criteria for Site Plan
Development Modifications. Measurement of tower height for
the purpose of determining compliance with all requirements of
this Section shall include the tower structure itself, the base pad,
and any other telecommunications facilities attached thereto
which extend more than twenty feet over the top of the tower
structure itself. Tower height shall be measured
stwucng rad e.
(D) Setbacks
(1) All towers up to one -hundred feet in height shall be set
back on all sides a distance equal to the underlying
building setback requirement in the applicable zoning
district. Towers in excess of one hundred feet in height
shall be set back one additional foot per each foot of tower
height in excess of one hundred feet.
(2) Setback requirements for towers shall be measured from
the base of the tower to the property line of the parcel of
land on which it is located.
Draft Land Use Ordinance Amendment 3
June 23, 1999

•
(3) Setback requirements may be modified, as provided in
subsection (P) (2) (a), when placement of a tower in a
location, which will reduce the visual impact, can be
accomplished. For example, adjacent to trees which may
visually hide the tower.
(E) Structural Requirements
No new tower shall be built, constructed, or erected unless the
tower is capable of supporting another person's operating
telecommunications facilities comparable in weight, size, and
surface area to the telecommunications facilities installed by the
applicant on the tower within six months of the completion of the
tower construction.
All towers must be designed and certified by an engineer to be
structurally sound and, at minimum, in conformance with the
state building code, and any other standards outlined in this
Ordinance.
(F), Separation Requirements
For the purpose of this Section, the separation distances
between towers shall be measured by drawing or following a
straight line between the base of the existing or approved
structure and the proposed base, pursuant to a site plan of the
proposed tower. Tower separation distances from residentially -
zoned lands shall be measured from the base of a tower to the
closest point of residentially -zoned property. The minimum
tower separation distances from residentially -zoned land and
from other towers shall be calculated and applied irrespective of
city jurisdictional boundaries.
(1) Towers shall be separated from all residentially -zoned
lands by a minimum of two hundred feet or two hundred
percent of the height of the proposed tower, whichever is
greater.
(2) Proposed towers must meet the following minimum
separation requirements from existing tower or towers
which have a special use permit but are not yet
constructed at the time a special use permit is granted
pursuant to this Section:
Draft Land Use Ordinance Amendment 4
June 23, 1999

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•
(a) Monopole tower
all other towers,
lattice, or guyed,
and fifty feet.
structures shall be
whether monopole,
by a minimum of
separated from
self-supporting
seven hundred
(b) Self-supporting lattice or guyed tower structures
shall be separated from all other self-supporting or
guyed towers by a minimum of fifteen hundred feet.
(c) Self-supporting lattice or guyed tower structures
shall be separated from all monopole towers by a
minimum of seven hundred and fifty feet.
(G) Illumination
Towers shall not be artificially lighted except as required by the
Federal Aviation Administration (FAA). Upon commencement of
construction of a tower, in cases where there are residential
uses located within a distance which is three hundred percent of
the height of the tower from the tower and when required by
federal law, dual mode lighting shall be requested from the FAA.
(H) Exterior Finish
Towers not requiring FAA painting or marking shall have an
exterior finish, which enhances compatibility with, adjacent land
uses, as approved by the Board of Adjustment.
(1) Landscaping
All landscaping on a parcel of land containing towers, antenna
support structures, or telecommunications facilities shall be in
accordance with Article XIX. The Board of Adjustment may
require landscaping in excess of the requirements of Article XIX
in order to enhance compatibility with adjacent land uses.
Landscaping shall be installed on the outside of any fencing.
(J) Access/Parking
A parcel of land upon which a tower is located must provide
access to at least one maintained vehicular parking space on
site.
(K) Stealth Design
Draft Land Use Ordinance Amendment
June 23, 1999
5

All towers which must be approved as a special use shall be of
stealth design, i.e., designed to enhance compatibility with
adjacent land uses, including, but not limited to, architecturally
screened roof -mounted antennas, antennas integrated into
architectural elements, and towers designed to look other than
like a tower such as light poles, power poles, and trees. The
term stealth does not necessarily exclude the use of
uncamouflaged lattice, guyed, or monopole tower designs.
(L) Telecommunication Facilities on Antenna Support Structures
Any telecommunications facilities which are not attached to a
tower may be permitted on any antenna support structure at
least fifty feet tall, regardless of the zoning restrictions
applicable to the zoning district where the structure is located.
Telecommunications facilities are prohibited on all other
structures. The owner of such structure shall, by written
certification to the Zoning Administrator, establish the following
at the time plans are submitted for a building permit:
(1) That the height from grade of the telecommunications
facilities shall not exceed the height from grade of the
antenna support structure by more than twenty feet;
(2) That any telecommunications facilities and their
appurtenances, located above the primary roof of an
antenna support structure, are set back one foot from the
edge of the primary roof for each one foot in height above
the primary roof of the telecommunications facilities. This
setback requirement shall not apply to telecommunications
facilities and their appurtenances, located above the
primary roof of an antenna support structure, if such
facilities are appropriately screened from view through the
use of panels, walls, fences, or other screening techniques
approved by the Board of Adjustment. Setback
requirements shall not apply to stealth antennas which are
mounted to the exterior of antenna support structures
below the primary roof but, which do not protrude more
than eighteen inches from the side of such an antenna
support structure.
(M) Modification of Towers
A tower existing prior to the effective date of this amendment
may continue in existence as a nonconforming structure. Such
nonconforming structures may be modified or demolished and
Draft Land Use Ordinance Amendment 6
June 23, 1999

rebuilt without complying with any of the additional requirements
Isof this Section, except for subsections (F), Separation
Requirements, (N), Certification and Inspections, and (0),
Maintenance, provided:
(1) The tower is being modified or demolished and rebuilt for
the sole purpose of accommodating, within six months of
the completion of the modification or rebuild, additional
telecommunications facilities comparable in weight, size,
and surface area to the discrete operating
telecommunications facilities of any person currently
installed on the tower.
(2) An application for a zoning permit is made to the Zoning
Administrator who shall have the authority to issue a
zoning permit without further approval. The grant of a
zoning permit pursuant to this subsection allowing the
modification or demolition and rebuild of an existing
nonconforming tower shall not be considered a
determination that the modified or demolished and rebuilt
tower is conforming.
(3) The height of the modified or rebuilt tower and
telecommunications facilities attached thereto do not
exceed the maximum height allowed under this Section.
(4) Except as provided in this subsection, a nonconforming
structure or use may not be enlarged, increased in size, or
discontinued in use for a period of more than one hundred
eighty days. This Section shall not be interpreted to
legalize any structure or use existing at the time the
amendment authorizing this Section is adopted which
structure or use is in violation of the city's land use
ordinance prior to enactment of the amendment
authorizing this Section.
(N) Certifications and Inspections
(1) All towers shall be certified by an engineer to be
structurally sound and in conformance with the
requirements of the state building code and all other
construction standards set forth by city, federal, and state
law. For new monopole towers, such certification shall be
submitted with an application pursuant to subsection (B) of
this Section and every five years thereafter. For existing
monopole towers, certification shall be submitted within
Draft Land Use Ordinance Amendment
June 23, 1999

•
•
sixty days of the effective date of this Section and then
every five years thereafter. For new lattice or guyed
towers, such certification shall be submitted with an
application pursuant to subsection (B) of this Section and
every two years thereafter. The tower owner may be
required by the Zoning Administrator to submit more
frequent certifications should there be reason to believe
that the structural and electrical integrity of the tower is
jeopardized.
(2) The city or its agents shall have authority to enter on the
property upon which a tower is located, between the
inspections and certifications required above, to inspect
the tower for the purpose of determining whether it
complies with the state building code and all other
construction standards provided by city, federal, and state
law.
(3) The city reserves the right to conduct such inspections at
any time, upon reasonable notice to the tower owner.
(0) Maintenance
(1) Tower owners shall at all times employ ordinary and
reasonable care and shall install and maintain in use
nothing less than commonly accepted methods and
devices for preventing failures and accidents which are
likely to cause damage, injuries, or nuisances to the
public.
(2) Tower owners shall install and maintain towers,
telecommunications facilities, wires, cables, fixtures, and
other equipment in substantial compliance with the
requirements of the national electric safety code and all
FCC, state, and local regulations, and in such manner that
will not interfere with the use of other property.
(3) All towers, telecommunications facilities, and antenna
support structures shall at all times be kept and
maintained in good condition, order, and repair so that the
same shall not menace or endanger the life or property of
any person.
(4) All maintenance
telecommunications
Draft Land Use Ordinance Amendment
June 23, 1999
or construction of towers,
facilities, or antenna support
8

structures shall be performed by licensed maintenance
and construction personnel.
(5) All towers shall maintain compliance with current RF
emission standards of the FCC.
(6) In the event that the use of a tower is discontinued by the
tower owner, the tower owner shall provide written notice
to the Zoning Administrator of its intent to discontinue use
and the date when the use shall be discontinued.
(P) Criteria for Site Plan Development Modifications
(1) Notwithstanding the tower requirements provided in this
Section, a modification to the requirements may be
approved by the Board of Adjustment as a special use in
accordance with the following:
(a) In addition to the requirement for a tower application,
the application for modification shall include the
following:
(1) A description of how the plan addresses any
adverse impact that might occur as a result of
approving the modification.
(ii) A description of off -site or on -site factors which
mitigate any adverse impacts, which might
occur as a result of the modification.
(iii) A technical study that documents and supports
the criteria submitted by the applicant upon
which the request for modification is based.
The technical study shall be certified by an
engineer and shall document the existence of
the facts related to the proposed modifications
and its relationship to surrounding rights -of -
way and properties.
(iv) For a modification of the setback requirement,
the application shall identify all parcels of land
where the proposed tower could be located,
attempts by the applicant to contract and
negotiate an agreement for collocation, and the
result of such attempts. tfttr ri
Draft Land Use Ordinance Amendment
June 23, 1999

•....:.v�vni-Y..:?-;.?i:-.v,W..vKM1W..-'N..,y:•N.v,.:'•:xnt}hw'..,..+.+'{;}SYf:%ii0.i%??{;;}}-m v,N %$„?x•:SYf;:
1>�e<.
(v) The Zoning Administrator may require the
application to be reviewed by an independent
engineer under contract to the city to determine
the basis for the modification requested. The
cost of review by the city's engineer shall be
reimbursed to the city by the applicant.
(b) The Board of Adjustment shall consider the application for
modification based on the following criteria:
(1) That the tower as modified will be compatible
with and not adversely impact the character
and integrity of surrounding properties.
(ii) Off -site or on -site conditions exist which
mitigate the adverse impacts, if any, created by
the modification.
(iii) In addition, the Board of Adjustment may
include conditions on the site where the tower
is to be located if such conditions are
necessary to preserve the character and
integrity of the neighborhoods affected by the
proposed tower and mitigate any adverse
impacts which arise in connection with the
approval of the modification.
(2) In addition to the requirements of subparagraph (1) of this
subsection, in the following cases, the applicant must also
demonstrate, with written evidence, the following:
(a) In the case of a requested modification to the
setback requirements, subsection (D), that the
setback requirement cannot be met on the
parcel of land upon which the tower is
proposed to be located and the alternative for
the person is to locate the tower at another site
which is closer in proximity to a residentially -
zoned land.
(b) In the case of a request for modification to the
separation requirements from other towers of
subsection (F), Separation Requirements, that
Draft Land Use Ordinance Amendment 10
June 23, 1999

the proposed site is zoned for industrial use
and the proposed site is at least double the
minimum standard for separation from
residentially zoned lands as provided for in
subsection (F).
(c) In the case of a request for modification of the
separation requirements from residentially -
zoned land of subsection (F), if the person
provides written technical evidence from an
engineer(s) that the proposed tower and
telecommunications facilities must be located
at the proposed site in order to meet the
coverage requirements of the applicants
wireless communications system and if the
person is willing to create approved
landscaping and other buffers to screen the
tower from being visible to residentially -zoned
property.
(d) In the case of a request for modification of the
height limit for towers and telecommunications
facilities or to the minimum height requirements
for antenna support structures, that the
modification is necessary to: (i) facilitate
collocation of telecommunications facilities in
order to avoid construction of a new tower, or
(ii) to meet the coverage requirements of the
applicant's wireless, communications system,
which requirements must be documented with
written, technical evidence from an engineer(s)
that demonstrates that the height of the
proposed tower is the minimum height required
to function satisfactorily, and no tower that is
taller than such minimum height shall be
approved.
(Q) Abandonment
(1) If any tower shall cease to be used for a period of 365
consecutive days, the Zoning Administrator shall notify the
owner, with a copy to the applicant, that the site will be
subject to a determination by the Zoning Administrator that
such site has been abandoned. The owner shall have
thirty days from receipt of said notice to show, by a
preponderance of the evidence, that the tower has been in
Draft Land Use Ordinance Amendment
June 23, 1999

use or under repair during the period. If the owner fails to
show that the tower has been in use or under repair during
the period, the Zoning Administrator shall issue a final
determination of abandonment for the site. Upon issuance
of the final determination of abandonment, the owner
shall, within seventy-five days, dismantle and remove the
tower.
(2) To secure the obligation set forth in this Section, the
applicant (and/or owner) shall post a bond in an amount to
be determined by the Zoning Administrator based on the
anticipated cost of removal of the tower.
2. Amend Section 15-15 to add the following definitions:
Section 15-15 Basic definitions and interpretations
Antenna Array. One or more rods, panels, discs or similar devices used for the
transmission or reception of radio frequency signals, which may include
omnidirectional antenna (rod), directional antenna (panel) and parabolic
antenna (disc). The antenna array does not include the support
structure.
Antenna Support Structure means. Any building or structure other than a tower,
0 which can be, used for location of telecommunications facilities.
Collocation/Site Sharing. Use of a common wireless communication facility or
common site by more than one wireless license holder or by one
wireless license holder for more than one type of communications
technology and/or placement of a wireless communication facility on a
structure owned or operated by a utility or other public entity.
Stealth. Any tower or telecommunications facility which is designed to enhance
compatibility with adjacent land uses, including, but not limited to,
architecturally screened roof -mounted antennas, antennas integrated
into architectural elements, and towers designed to look other than like
a tower such as light poles, power poles, and trees. The term stealth
does not necessarily exclude the use of uncamouflaged lattice, guyed,
or monopole tower designs.
Telecommunications Facilities. Any cables, wires, lines wave guides, antennas,
and any other equipment or facilities associated with the transmission or
Draft Land Use Ordinance Amendment 12
June 23, 1999

•
reception of communications which a person seeks to locate or has
installed upon or near a tower or antenna support structure. However,
telecommunications facilities shall not include satellite receive -only
earth station antennae and household antennae.
Tower. A self-supporting lattice, guyed, or monopole structure constructed from
grade which supports telecommunications facilities. The term tower
shall not include amateur radio operator's equipment, as licensed by the
FCC. (delete existing definition)
Tower Co -location. An arrangement whereby more than one user occupies a
single tower or structure.
Tower, Communications. A structure greater than sixty feet in height whose
primary purpose is to support communications equipment. This
definition includes tower/antenna/building combinations and the height
measurement applies to those combinations. This definition shall not
include wire -supporting electric power transmission and telephone
poles.
Tower, Lattice. A guyed or self-supporting multi -sided, open, steel frame
structure used to support communications equipment.
Tower, Monopole. A structure composed of a single spire used to support
communications equipment.
3. Amend Section 15-146, Table of Permitted Uses, Use Category 18.300 to
read as follows:
Draft Land Use Ordinance Amendment 13
June 23, 1999

Telecommunications Towers Definitions
Antenna Array. One or more rods, panels, discs or similar devices used for the
transmission or reception of radio frequency signals, which may include
omnidirectional antenna (rod), directional antenna (panel) and parabolic
antenna (disc). The Antenna Array does not include the Support Structure.
Antenna Support Structure means. Any building or structure other than a Tower
which can be used for location of Telecommunications Facilities.
Collocation/Site Sharing. Use of a common wireless communication facility or
common site by more than one wireless license holder or by one wireless
license holder for more than one type of communications technology and/or
placement of a wireless communication facility on a structure owned or
operated by a utility or other public entity.
Stealth. Any Tower or Telecommunications Facility which is designed to enhance
compatibility with adjacent land uses, including, but not limited to,
architecturally screened roof -mounted antennas, antennas integrated into
architectural elements, and Towers designed to look other than like a Tower
such as light poles, power poles, and trees. The term Stealth does not
necessarily exclude the use of uncamouglaged lattice, guyed, or monopole
Tower designs.
Telecommunications Facilities. Any cables wL ire, lines wave guides, antennas, and
any other equipment or facilities associated with the transmission or reception
of communications which a Person seeks to locate or has installed upon or
near a Tower or Antenna Support Structure. However, Telecommunications
Facilities shall not include:
(1) Any satellite earth station antenna two meters in diameter or less
which is located in an area zoned industrial or commercial; or
(2) Any satellite earth station antenna one meter or less in diameter,
regardless of zoning category.
Tower. A self-supporting lattice, guyed, or monopole structure constructed from grade
which supports Telecommunications Facilities. The term Tower shall not
include amateur radio operator's equipment, as licensed by the FCC.
Tower Co -location. An arrangement whereby more than one user occupies a single
tower or structure.
Tower, Communications. A structure greater than sixty feet in height whose primary
purpose is to support communications equipment. This definition includes
tower/antenna/building combinations and the height measurement applies to
those combinations. This definition shall not include wire -supporting electric
power transmission and telephone poles.
Tower, Lattice. A guyed or self-supporting multi -sided, open, steel frame structure used
0 to support communications equipment.
Tower, Monopole. A structure composed of a single spire used to support
communications equipment.

Sample Standards
0 (A) Where Required
A-5, A-517, C-5, C-1, C-2, and. C-3 districts except that
communications towers on government facilities and structures are
allowed by right in all zoning districts.
(B) Co -location
(1) Co -location on a previously approved tower is permitted without
an additional special use permit provided that all conditions of
the previously approved permit are complied with.
(2) Co -location on a building or substantial structure, such as a
water tower, shall not require the issuance of a special use
permit, but all other applicable provisions shall be met end
approved by the Zoning Administrator. The Zoning
Administrator may require the issuance of a special use permit
if there is doubt as to whether or not a given proposal is in
compliance with the intent of the section.
(3) Where a new tower is proposed, documentation shall be
required to substantiate why the proposed antenna(s) and/or
equipment cannot be accommodated on a previously approved
tower due to one or more of the following reasons:
(a) The planned equipment would exceed the structural
capacity of the previously approved towers, considering
their existing and planned use, and those towers cannot
be reinforced to accommodate the planned or equivalent
equipment at a reasonable cost; or
(b) The planned equipment would cause RF interference with
other existing or planned equipment for these towers, and
the interference cannot be prevented at a reasonable
cost; or
(c) Previously approved towers do not have space on which
the planned equipment can be placed so it can function
effectively and reasonably in parity with the existing
and/or planned equipment of the present user(s); or
(d) Other reasons make it impractical to place planned
equipment on previously approved towers (the applicant
must explain and document in detail such other reasons).
(4) Where a new tower is proposed and sufficient reasons for a
new tower exist, favorable consideration will be given to towers
designed to accommodate future users. Documentation shall
be required describing the capacity of the proposed tower in
terms of today's technology (including the number and type of
antennas that the tower will accommodate). Approval of such
new tower will be conditioned on space being made available to
such fixture users at a reasonable fee and any necessary costs

of adapting the facilities to the proposed future use. A
statement of intent on whether excess space will be leased is
required.
0 (C) Setback
(1) The minimum tower setback from any property line shall be:
(a) Equal to the height of the tower, or
(b) Equal to the maximum fall distance for a professional
engineer -certified installation; published engineering data
for a particular model of tower will be acceptable to
substantiate a setback less than the height of the tower if
the building inspector can easily determine that the tower
has been installed in accordance with such data,
otherwise a professional engineer must certify that the
tower is installed as required; or
(c) For a steel monopole tower with a base diameter greater
than or equal to one foot, equal to one-half of the height
of the tower, provided that a professional engineer
certifies that the tower has sufficient strength to
withstand hurricane -force winds of a velocity that have
occurred, or can be expected to occur in the area, and
that should winds of greater velocity occur, the design of
the tower is such as to bend rather than fall.
(2) The owners of easements and rights -of -way within the setback
must provide a letter of acknowledgment of the proposed tower
location.
(D) Signs
No business signs, billboards, or other advertising shall be installed
on the tower or security fencing.
(E) Security
Security fencing at least six feet in height shall be installed around the
base of the tower or the tower shall be equipped with a professional
engineer -certified anti -climb device. Published data or documentation
for an anti -climb device must be provided to support such device and
must be of such nature to enable the building inspector to easily
determine that the anti -climb device has been installed in accordance
with such data, otherwise a professional engineer must certify that the
anti -climb device has been properly installed.
(F) Lighting
Towers shall not be artificially lighted unless required by the Federal
Aviation Administration (FAA) or other federal or state authority and in
no case shall exceed the required minimum. Prior to construction of
the tower, the applicant shall be required to submit documentation
from the FAA that the lighting is the minimum lighting required by the
FAA.

(G) Abandonment
Any tower that ceases to be use for communications broadcasting
and/or broadcast receiving as permitted by this Ordinance for a period
of more than nine months shall be removed by the tower owner at
his/her expense. The removal shall occur within ninety days of the
end of such nine -month period.
(H) Site Plan Requirements
In addition to the requirements of subsection A-1-2 of Appendix 1, the
following information shall be provided on the site plan: applicable
setbacks, easements and rights -of -way, fencing, access, and an area
map indicating the proposed tower and coverage, other towers and
coverage areas, and any approved tower sites within a five mile
radius.
(1) Other Requirements
Proof of ownership of the proposed site or authorization to use it and
copies of any easements impacting the site.
•
0

•
•
11
Telecommunications Towers
The Telecommunications Act gives the FCC sole jurisdiction of the field of regulation of
RF emissions.
Acceptable locations --Public property vs. private property.
Should the city promote locations on public property to the exclusion of using.private
property?
Two-tier permissible use approval process: zoning permit on public properties and
special or conditional use permit elsewhere.
Development standards that address location, collocation, setback, structural
requirements (including stealth design), access, landscaping, maintenance, and
abandonment.

City of New Bern Table of Permissible Uses
2115100
Z = Permitted Use;
S = Special Use; C = Conditional Use
Uses
Description
A-5
A-51F
R-20
R-15
R-10S
R-10
R-10A
R-8
R-6
C-5
C-5A
C4
C-2
C-3
C-4
1-1
1-2
1.000
Residential
1.100
Single-family residence
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
S
S
1.200
Duplex
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
S
S
1.300
Multifamily residence
Z
Z
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
S
S
1.400
Group homes emphasizing special
services, treatment, or supervision
1.410
Hemer, fGF handiGapped OF iAfiFm Family
care homes
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
1.420
Boardinghouses, rooming houses
S
S
S
S
S
S
S
S
S
S
1.430
Elderly housing designed for independent
living with separate housing units
S
S
S
S
S
S
S
S
S
S
S
S
1.440
Group care homes
S
S
S
S
S
S
S
S
S
S
S
S
S
S
1.500
Temporary residence
1.510
Hotels and motels
S
S
S
1.520
Bed and breakfast and other temporary
residences renting rooms for relatively
short periods of time
S
S
S
Z
Z
S
S
S
S
1.530
Homeless shelter
C
C
C
C
C
.608
Home emphasizing speGial
sepviGes,
ASUPePASiGf:�-
Numing raFe homes,'
S
S
S
S
S
S
Z
S
Z
heroes
1.540
Halfway houses
C
C
C
C
1.639
Z
Z
S
S
S
S
S
S
S
Z
Z
Z
Z
Z
Z
1.600
Day Care Homes
1.610
Dav care home small
Z
Z
Z
Z_
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z_
Z
1.620
Day care home [Me
D
D
D
D
D
D
D
D
D
D
D
D
--Z
D
—Z
D
D
D
D
1.700
Residential subdivisions (refer to
subdivision regulations, section 15-79
1.800
Manufactured homes
1.810
On individual lots
Z
Z
Iz
1.811
Class A manufactured home
Z
IZ
Iz
Ld

City of New Bern Table of Permissible Uses
2/15100
Z = Permitted Use;
S = Special Use; C = Conditional Use
Uses
Description
A-5
A-51F
R-20
R-15
R-10S
R40
R-10A
R-8
R-6
C-5
C-5A
C-1
C-2
C-3
C-4
1-1
1-2
1.812
Class B manufactured home
Z
Z
1.813
Modular home
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
1.820
Mobile home parks
Z, S
Z, S
Z, S
1.821
Class C manufactured home in
manufactured home parks only
Z
Z
Z
1.900
Home occupations
Z
Z
Z 1z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
2.000
Sales and rental of goods, merchandise
and equip ment
2.100
No storage or display outside fully
enclosed building
2.110
High -volume traffic generation (NCDOT
standard
Z, S
Iz, S
Z, S
Z, S
Z, S
2.120
Low -volume traffic generation (NCDOT
standard
Z, S
Z, S
Z, S
Z, S
Z, S
2.200
Storage and display of goods outside fully
enclosed building allowed
2.210
High -volume traffic generation
iz, S
Z, S
Z, S
Z, S
Z, S
2.220
Low -volume traffic generation
Iz, S
Z, S
Z, S
Z, S
Z, S
2.230
Wholesale sales
Z, S
Z, S
Z, S
Z, S
Z, S
3.000
Office, clerical, research and services
3.100
All operations conducted entirely within
fully enclosed building
3.110
Operations designed [to] attract and
serve customers for clients on the
premises, such as the offices of
attorneys, physicians, other professions,
insurance and stock brokers, travel
agents, government office buildings, etc.
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
3.115
Government office buildings and
supporting services contained within a
fullv enclosed building
C
C
C
C
C
C
C
C
C
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S

•
City of New Bern Table of Permissible Uses
2115100
Z = Permitted Use;
S = Special Use; C = Conditional Use
Uses
Description
A-5
A-51F
R-20
R45
R-10S
R-10
R-10A
R-8
R-6
C-5
C-5A
C-1
C-2
C-3
C4
14
1-2
3.120
Operations designed to attract little or no
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
customer or client traffic other than
employees of the entity operating the
principal use
3.130
Offices or clinics of physicians or dentists
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
with not more than 10,000 square feet of
toss floor area
3.200
Operations conducted within or outside
fully enclosed building
3.210
Operations designed to attract and serve
Z, S
Z, S
Z, S
Z, S
Z; S
Z, S
Z, S
customers or clients on the premises
3.220
Operations designed to attract little or no
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
customers or clients other than the
employees of the entity operating the
3.230
M"W it#®rive-in windows
Z, S
Iz, S
Z, S
Z, S
Z, S
Z, S
Z, S
4.000
Manufacturing, processing, creating,
repairing, renovating, cleaning,
assembling of goods, merchandise and
equipment
4.100
All operations conducted entirely within
Z, S
Z, S
fully enclosed[building]
4.110
Mechanical hi -tech shops and cabinet
Z, S
Z, S
Z, S
shops, no greater than 25 employees
4.200
Operations conducted within or outside
Z, S
Z, S
fully enclosed building
5.000
Education, cultural, religious,
philanthropic, social, fraternal uses
5.100
Schools
5.110
Elementary and secondary (including
C
C
C
C
C
C
C
C
C
C
C
associated grounds and athletic and other
facilities

•
City of New Bern Table of Permissible Uses
2/15100
Z = Permitted Use;
S = Special Use; C = Conditional Use
Uses
Description
A-5
A-51F
R-20
R-15
R-10S
R40
R-10A
R-8
R-6
C-5
C-5A
C-1 I
C-2
C-3
C-4
14
1-2
5.120
Trade or vocational schools
C
C
C
C
5.130
Colleges, universities, community
C
C
C
C
colleges (including associated facilities
such as dormitories, office buildings,
athletic fields, etc.
5.200
Churches, synagogues and temples
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
(including associated residential
structures for religious personnel and
associated buildings but not including
elementary schools or secondary school
buildings)
5.300
Libraries, museums, art galleries, art
centers and similar uses (including
associated education and instructional
activities
5.310
Located within a building designed and
Z
Z
Z
Z
Z
Z
previously occupied as a residence or
within a building having a gross floor area
not in excess of 3,500 square feet
5.320
Located within any existing or new
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
structure
5.400
Social, fraternal clubs and lodges, union
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
halls, and similar uses
6.000
Recreation, amusement, entertainment
6.100
Activity conducted entirely within building
or substantial structure
6.105
Bowling alleys, skating rinks, indoor
Z, S
Z, S
tennis courts and similar uses
6.110
Billiards and pool halls
S
S
Z, S
Z, S
Z, S
6.115
Indoor athletic and exercise facilities
Z, S
Z, S
Z, S
Z, S
Z, S
6.120
Movie theaters
6.121
Seating capacity of not more than 300
Z, S
Z, S
Z, S
Z, S
Z, S
6.122
Unlimited seatin ca acit
Z, S
Z S

0 0 0
City of New Bern Table of Permissible Uses
2115/00
Z = Permitted Use;
S = Special Use; C = Conditional Use
Uses
Description
A-5
A-51F
R-20
R-15
R40S
R40
R-10A
R-8
R-6
C-5
C-5A
C-1
C-2
C-3
C-4
14
1-2
6.125
Adult establishments
Is
6.130
Coliseums, stadiums, and all other
C
C
facilities listed in the 6.1 classification
designed to seat or accommodate
simultaneously more than 1,000 people
6.200
Activity conducted primarily outside
(See following categories)
enclosed buildings or structures
6.210
Privately owned outside recreational
S
S
S
S
S
S
S
S
S
S
S
S
S
facilities such as golf and country clubs,
swimming or tennis clubs, etc., not
constructed pursuant to permit
authorizing the construction of some
residential development
6.220
Publicly owned and operated outdoor
S
S
S
S
S
S
S
S
S
S
C
C
S
S
S
recreational facilities such as athletic
fields, golf courses, tennis courts,
swimming pools, parks, etc. not
constructed pursuant to a permit
authorizing the construction of another
use such as a school
6.230
Golf driving ranges not accessory to golf
Z, S
Z, S
Z, S
Z, S
Z, S
courses, par 3 golf courses, miniature
golf courses, skateboard parks, water
slides, and similar uses
6.240
Horseback riding stables (not constructed
S
S
pursuant to permit authorizing residential
development)
6.250
Automobile and motorcycle racing tracks
6.260
Drive-in movie theaters
S6.270
Marinas
S
S
S
S
S
P000
6.300
S ecial events
Z
Z
Z
Z
Z
Z
Institutional residences or care [or]
confinement facilities

City of New Bern Table of Permissible Uses
2115100
Z = Permitted Use;
S = Special Use; C = Conditional Use
Uses
Description
A-5
A-517
R-20
R-15
R-10S
R-10
R-10A
R-8
R-6
C-5
C-SA
C-1
C-2
C-3
C-4
1-1
1-2
7.100
Hospitals, clinics, other medial (including
S
S
mental health) treatment facilities in
excess of 10,000 square feet of floor area
7.200
inteFmediate
S
S
S
S
S
S
S
S
,
Nursing, convalescent, and arouq care
institutions
7.300
Institutions (other than halfway houses)
C
where mentally ill persons are confined
7.400
Penal and correctional facilities
C
C
8.000
Restaurants, bars, nightclubs
8.100
No substantial carry -out service, no drive-
Z
Z
Z
Z
Z
in service, no service or consumption
outside fully enclosed structure allowed
8.200
No substantial cant' -out service, no drive-
Z
Z
Z
Z
Z
in service; service or consumption
outside fully enclosed structure allowed
8.300
Carry -out service, consumption outside
Z
Z
Z
Z
Z
fully enclosed structure allowed; no drive-
in service
8.400
Cary -out service, drive-in service or
Z
Z
consumption outside fully enclosed
structure allowed
8.500
Gourmet and specialty shops, on -or off-
Z
Z
Z
Z
Z
Z
premises consumption, maximum seating
capacity of 20
9.000
Motor vehicle related sales and service
o erations
9.100
Motor vehicles sales or rental or sales
Z, S
is
Z, S
Z, S
and service

•
City of New Bern Table of Permissible Uses
2115100
Z = Permitted Use;
S = Special Use; C = Conditional Use
Uses
Description
A-5
A-517
R-20
R46
R-10S
R40
R-10A
R-8
R-6
C-5
C-5A
C-1
C-2
C-3
C-4
1-1
1-2
9.200
Automobile service stations
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
9.300
Gas sales operations
Z, S
Z, S
Z, S
Z, S
Z, S
Z, S
9.400
Automobile repair shopor bodyshopZ,
S
Z, S
Z, S
Z, S
9.500
Carwash
S
Z
Z
Z
10.000
Storage and parking
10.100
Automobile parking garages or parking
S
S
Z, S
Z
Z
Z
lots not located on a lot on which where is
another principal use to which the parking
is related
10.200
Storage of goods not related to sale or
Z
Z
use of those goods on the same lot where
they are stored
10.210
All storage within completely enclosed
Z, S
Z
Z
structures
10.220
Storage inside or outside completely
S
Z
Z
enclosed structures
10.300
Parking of vehicles or storage of
S
S
Z
Z
equipment outside enclosed structures
where: (7 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 incidental part of
the overall use made of the lot
11.000
SGFap matedals salvage, '
S
automobile gFaveyaFd-s Salvage yarns:
auto parts, scrap processing
12.000
Services and enterprises related to
animals
12.100
Veterinarian, all activities totally within
Z
Z
Z
Z
Z
enclosed building
12.200
Kennel .(totally enclosed
S
S
Z
Z
12.300
Kennel outside completely enclosed
Z
Z

City of New Bern Table of Permissible Uses
2115100
Z = Permitted Use;
S = Special Use; C = Conditional Use
Uses
Description
A-5
A-5F
R-20
R45
R-10S
R-10
R-10A
R-8
R-6
C-5
C-5A
C-1
C-2
C-3
C-4
1-1
1-2
18.100
Household antenna affixed to dwelling
with total from grade not to exceed 35
feet
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
18.200
Household antenna affixed to dwelling
with total from grade more than 35 feet or
not attached and receive -only earth
stations
Z
Z
S
S
S
S
S
S
S
S
S
S
S
S
S
Z
Z
18.300
Telecommunication towers
18.310
Telecommunication towers, located on
existing structures
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
18.320
All other telecommunication towers
S
S
S
S
Is
S
S
S
18.400
Buildings of [or] structures in excess of
35 feet (refer to Article XI1, Section 15-
189
19.000
Open air markets (farm and craft
markets, flea markets, product markets
Z
Z
S
S
Z
S
Z
Z
20.000
Funeral home
Z
Z
Z
21.000
Cemetery and crematorium
21.1100ICemetery
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
21.200
Crematorium
S
Z
Z
22.000
Nursery schools, day care centers
S
S
S
S
S
S
S
S
S
S
S
S
Z
Z
Z
Z
23.000
Temporary structures used in connection
with the construction of a permanent
building or for some nonrecurring
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
24.000
OffgNion
S
S
S
IZ
25.000
Commercial greenhouse operations
25.100
No on -premises sales
Z
Z
Z
S
Z
Z
25.200
On -premises sales permitted
Z
Z
Z
S
Z
Z
26.000
Nonresidential subdivisions (refer to
subdivision regulations, Section 15-79
27.000
Combination uses Reserved

.7
City of New Bern Table of Permissible Uses
.2/15100
Z = Permitted Use;
S = Special Use; C = Conditional Use
Uses
Description
A-5
A-6F
R-20
R-15
R 10S
R-10
R-10A
R-8
R-6
C-5
C-5A
C-1
C-2
C-3
C-4
1-1
1-2
28.000
Planned unit developments (refer to
subdivision regulations, section 15-79
(Ord. No. 1994-60, § 2, 10-11-94; Ord. No. 1995-16, § 1, 4-11-95; Ord. No. 1995-59, § 1, 10-24-95; Ord. No. 1995-60, § 1, 10-24-95; Ord. No. 1996-8, § 1, 1-23-96;
Ord. No. 1996-13 4, 2-13-96; Ord. No. 1996-22, § 1, 3-26-96
10

PRELIMINARY DRAFT AMENDMENT
Development Standards for Particular Uses
City of New Bern
1. Amend Section 15-163, Particular Use to add development standards
for all uses listed in the Table of Permissible Uses (Section 15-146) that are
permitted by conditional or special use permit and for which there are
currently no specific development standards delineated in Section 15-163.
Currently, 15 uses (including proposed draft amendments) have specific
development standards outlined in Section 15-163 or in Sections 15-164 through
15-170. The attached table lists these uses as well as additional uses for which
the preparation of specific development standards are recommended.
Formally delineating standards is important for ensuring that certain uses comply
with development standards and guidelines that have been determined to be
necessary in making such uses compatible in the zoning district in which they are
proposed to be located. Having specific development standards delineated in
the Land Use Ordinance also helps to ensure consistency in the review and
approval of such uses; thereby lessening the chances of allegations of unfair and
unequal treatment by the permit -approving authority (Board of Adjustment or
Board of Aldermen)
Should the staff decide to proceed with this preliminary amendment, specific
development standards will be drafted for inclusion in Section 15-163.
2. Amend Section 15-147, Use of the designations Z, S, C in the table of
permissible uses to read: Use of the designations Z, S, C, and D in the table
of permissible uses. Add a subsection (e) to Section 15-147 to explain the
'D' designation.
The addition of another type of permit to the table of permissible uses is
recommended to accommodate those uses that have specific development
standards that must be met prior to the issuance of a zoning permit by the zoning
administrator. This permit would be designated as a 'development permit' (D)
and would be issued by the zoning administrator. It would be similar to a zoning
permit except that specified development standards (delineated in Section 15-
163) would have to be met. Such a permit would expedite the permitting review
and approval process since this type of permit would replace many of the permits
that currently require approval by the Board of Adjustment; therefore eliminating
the need for public hearings and an expanded review and approval process.
Additional portions of the Land Use Ordinance, such as Article IV, Permits and
Final Plat Approval, will also need some minor revisions to accommodate the
inclusion of the development permit.
Draft Land Use Ordinance Amendment 1
November 15, 1999

3. Amend Section 15-146, Table of Permitted Uses, to indicate which uses
0 are authorized by a development permit (D).
•
•
The attached draft table of permissible uses illustrates which uses would be
authorized by a development permit.
Draft Land Use Ordinance Amendment 2
November 15, 1999

•
Examples Of Development Standards For Specific Uses
(A) Where Required
R-6, R-8, R-10, R-15, AD, RMH, M-1, M-2, and PUD districts.
(B) Security Fencing
Outdoor activity area(s) for children shall be enclosed by a
security fence at least 6 feet in height and shall be located
outside of the street setback.
(C) Location
Centers on a site greater than 3 acres shall have access to a
collector or thoroughfare street.
(D) Hours of Operation
In residential districts, the use shall not be operated between
the hours of 7 pm and 7 am.
(A) Where Required:
R-6, R-8, R-10, R-15, AD, 01, CMU, and PUD districts.
(B) General Requirements
(1) The accessory dwelling unit is permitted on the same lot
with a principal dwelling unit.
(2) No more than one accessory dwelling unit is permitted on
the same lot with a principal dwelling unit.
(3) No accessory dwelling unit shall be permitted on the same
buidable lot with a two-family or multi family dwelling or
family care home.
I

(C) Accessory Dwelling Unit Within A Detached Accessory
Structure
(1) Detached accessory dwelling units with a gross floor area
of less than 600 square feet shall be located at least 10
feet from side and rear property lines. Accessory dwelling
units with a gross floor area of 600 square feet or greater
shall meet the setback requirements of the principal
building.
(2) Detached accessory dwelling units shall be located behind
and at least 20 feet from the principal dwelling.
(3) The lot containing both the principal dwelling and a
detached accessory dwelling shall have one and one-half
times the minimum lot area required for the district in
which located.
(4) A detached accessory dwelling unit may be a
manufactured home in districts which permit manufactured
homes.
(5) A detached accessory dwelling unit may be a dwelling unit
which is part of an accessory garage or a free-standing
dwelling unit meeting the NC Building Code.
(6) A detached accessory dwelling unit, other than a
manufactured home, shall have no more that 50 percent of
the gross floor area of the principal building.
(C) Accessory Dwelling Unit Within a Principal Single -Family
Dwelling
(1) The principal building shall not be altered in any way so as
to appear from a public or private street to be multi -family
housing. Prohibited alterations include, but are not limited
to, multiple entranceways, or multiple mailboxes. Access
to the accessory dwelling unit shall be by means of an
existing side or rear door, except where a new entrance is
required by the NC Building Code. No new doorways or
stairways to upper floors are permitted if they are attached
to the side of a building facing a public or private street.
(2) An accessory dwelling unit shall occupy no more than 25
percent of the heated floor area of the principal building.
The sum of all accessory uses (including home
2

occupations) in a principal building shall not exceed 25
percent of the total floor area.
(A) Where Required
R-6, R-8, R-10, R-15, AD, RMH, and PUD districts.
(B) Location
Church facilities located on sites of 3 acres or more shall have
direct access to a collector or higher capacity street.
(C) Minimum Property Setbacks
The minimum street setback shall be at least 25 feet greater
than that required for a single-family dwelling for the zoning
district in which located. The minimum side and rear setbacks
shall be at least 50 feet.
(D) Screening
All off-street parking lots shall be screened from all adjoining
P 9 1 n9
single-family residential uses by a buffer yard. The required
buffer yard shall comply with the requirements of Section 11-
3.1(B).
-0-5051
rererFi
(A) Where Required
R-6, OI, NB, and PUD districts.
(B) Maximum Area
A maximum of 3,000 square feet of gross floor area shall be
permitted per establishment.
(C) Outside Storage
No outside storage of materials shall be permitted.
0 (D) Gasoline Service Islands/Pumps
3

0 There shall be no more than 2 gasoline service islands.
(A) Where Required
CB, 01, NB, CMU, and PUD districts.
(B) Operation
(1) Air compressors, hydraulic hoists, pits, repair equipment,
greasing and lubrication equipment, auto washing
equipment, and similar equipment shall be entirely
enclosed within a building.
(2) No outside storage of materials shall be permitted. The
number of vehicles stored outdoors shall not exceed the
number of service bays at the establishment.
(C) Gasoline Service Islands/Pumps
0 There shall be no more than 2 gasoline service islands.
(A) Where Required
GB and HB districts.
(B) Minimum Area
The minimum lot depth from the tees to the end of the driving area
shall be 1,000 feet or the end shall be controlled with netting and/or
berms to prevent golf balls from leaving the property.
(C) Security Fencing
Fencing, netting, trees, berms, or other control measures shall be
provided around the perimeter of the driving area so as to prevent golf
balls from leaving the driving area.
(D) Screening
All off-street parking lots shall be screened from all adjoining single-
family residential uses or residentially -zoned lots by a buffer yard.
n

•
•
The required buffer yard shall comply with the requirements of Section
11-3.1(B).
(E) The hours of operation allowed shall be compatible with the land uses
adjacent to the proposed site. In no case, however, shall such use
that adjoins residentially used or zoned property conduct business
between the hours of 10 pm and 8 am.
(F) The amount of noise generated shall not disrupt the activities of the
adjacent land uses.
5

INDIVIDUAL USE STANDARDS
New Bern Land Use Ordinance
Draft Amendment 11/15/99
Uses with development standards currently delineated in the LUO
(including draft amendments)
1.420 Boarding houses, rooming houses
1.440 Group care homes
1.520 Homeless shelter
1.811 Manufactured homes on individual lots
1.820 Mobile home parks
5.110 Elementary and secondary schools
5.200 Churches, synagogues and temples
6.125 Adult establishments
6.270 Marinas
6.300 Special events
7.000 Institutional residences or care or confinement facilities
7.200 Nursing, convalescent, and group care institutions
11.000 Salvage yards; auto parts, scrap processing
18.200 Household antenna and receive -only earth stations
18.300 Telecommunication towers
AM Proposed additional uses for which development standards should be
developed
1.300 Multi -family residence
1.430 Elderly housing
1.900 Homes Occupations
3.115 Government office buildings
3.200 Office/research operations conducted outside fully enclosed building
4.200 Manufacturing, processing, etc. conducted outside fully enclosed building
5.120 Trade or vocational schools
5.130 Colleges, universities, etc.
5.320 Libraries, museums, etc. located within any existing structure
5.400 Social, fraternal clubs and lodges
6.105 Bowling alleys, skating rinks, etc.
6.110 Billiards and pool halls
6.122 Indoor movie theaters
6.210 Privately owned outside recreational facilities, campgrounds, shooting ranges
6.200 Publicly owned and operated recreationa facilities
6.230 Golf driving ranges, miniature golf courses
6.240 Riding stables
6.250 Automobile and motorcycle racing tracks
6.260 Drive-in movie theaters
7.100 Hospitals
7.300 Institutions where mentally ill persons are confined
7.400 Penal and correctional facilities
9.100 Motor vehicle sales
9.200 Automobile service stations

9.300 Gas sales operations
9.400 Automobile repair shop or body shop
9.500 Carwash
10.220 Storage inside or outside completely enclosed structure
12.200 Kennel (outside completely enclosed structure)
13.100 Police stations
13.200 Fire stations
13.300 Rescue squad, ambulance service
14.120 Livestock operations
14.200 Forestry operations (with temporary sawmill)
14.210 Forestry operations (without temporary sawmill)
14.300 Mining or quarrying operations
14.400 Reclamation landfill
15.200 Airport
15.300 Heliport
15.300 Sanitary landfill
17.200 Community or regional utility facilities
19.000 Open air markets, flea markets
21.100 Cemetery
22.000 Day care centers
23.000 Temporary construction structures
•
0

wSpecial and Conditional Uses
ew Bern Land Use Ordinance 417/99
S=Special use permit
C=Conditional use permit
C/S=Conditional use permit in specified zones, special use in other zones
Some uses involving two acres or less are allowed by zoning permit but require a special use
permit if over two acres
Permit
Type
Description of Use
Residential Uses
S
Single-family residence
S
Duplex
S
Multifamily residence
S
Homes for handicapped or infirm
S
Boarding houses, romming houses
S
Elderly housing designed for independent living
S
Hotels and motels
S
Bed and Breakfast
C
Homeless shelter
S
Nursing care homes, intermediate care homes
C
Halfway houses
S
Child care homes
S
Mobile home parks
Retail Uses
S
High -volume traffic generation
S
Low -volume traffic generation
S
Wholesale sales
Office Uses
S
Operations to attract and serve customers on the premises
C/S
Government offices
S
Operations with little or no customer traffic
S
Medical offices
S
Banks with drive-in windows
Manufacturing Uses
S
Operations within or outside of an enclosed building
S
Mechanical hi -tech and cabinet shops
Educational, Cultural, Religious, Social Uses
C
Elementary and secondary schools
C
Trade/vocational school
C
Colleges/universities
S
Churches
S
Libraries, museums, art galleries
S
Social/fratemal clubs, lodges
Recreation, Amusemen4 and Entertainment Uses
S
Bowling alleys, skating rinks, indoor tennis clubs, etc.
S
Billiards and pool halls
S
Indoor athletic/excerise facilities
S
Movie theaters
S
Adult establishments
C
Coliseums, stadiums
S
Private outdoor recreational facilities such as golf course, country club, etc.

C/S
S
Public outdoor recreational facilities
Golf driving range, miniature golf
S
Horseback riding stables
S
Drive-in movie theaters
Institutional Residences/Confinement Facilities
S
Hospital, clinics over 10,000 sq. feet
C/S
Nursing care institutions, intermediate careinstitutions
C
Institution for mentally ill
C
Penal/correctional facilities
Motor Vehicle Sales and Service
S
Motor vehicle sales and rental
S
Service stations
S
Gas sales operations
S
Repairlbody shops
S
Carwash
Storage and Parking
S
Parking garages and lots not on lot with principal use
S
Storage inside and outside structures
S
Parking of vehicles/equipment outside structure
S
Salvage Yards/Junkyards
S
Kennels
Emergency Services
C/S
Police stations
C/S
Fire stations
C/S
Rescue squad/ambulance service
Agricultural, Forestry, Mining Uses
S
Livestock operations
S
Forestry operations
C
Mining/quaning
C
Reclamation landfill
Miscellaneous Public Facilities
S
Post office
C
Airport
S
Heliport
C
Sanitary landfill
S
Reserve/national guard centers
Utility Facilities
S
Neighborhood utility facilities
C/S
Regional utility facilities
Towers
S Household towers over 35 feet/receive-only earth station
S Towers over 50 feet
Miscellaneous Uses
S Open air/produce markets
S Cemetery/crematorium
S Nursery schools/day care centers
S Bus station
S Commercial greenhouse operations

Uses with Supplementary Standards Delineated in the Land Use Ordinance
Section Use
15-150 Accessory uses
15-154 Combination uses
15-155 Planned unit developments
15-162 Special events
15-163 (a) Places of worship
15-163 (b) Public and private schools
15-163 (c) Noncommercial parks, playgounds
15-163 (d) Child care homes
15-163 (e) Homeless shelters
15-164 Mobile homes outside of mobile home parks
15-165 Mobile home parks
15-166 Satellite receive -only earth stations
15-167 Condominiums
15-168 Sale of townhouses
15-169 Adult establishments
•
0

City of New Bern Table of Permissible Uses
11/15/99
DRAFT
Z = Permitted Use; S = Special Use; C = Conditional Use; D = Develo ment
Standards
Are Applicable
Uses
Descri tion
A-5
A-5F
R-20
R-15
R40S
R-10
R-10A
R-8
R-6
C-5
C-SA
C-1
C-2
C-3
C4
1-1
1-2
1.000
Residential
1.100
Single-family residence
Z
Z
Z
Z
Z
Z
Z
Z
Z Iz
Z
Z IZ
Z
Z
D
D
1.200
Duplex
Z
Z
Z
Z
Z
Z
Z Iz
Z
Z
Z
Z IZ
D
D
1.300
Multifamily residence
D
D
D
D
D
D
D ID
D
D
D
D
D
D
1.400
Group homes emphasizing special
services, treatment, or supervision
1.410
Family
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
care homes
1.420
Boarding houses, rooming houses
D
D
ID
D
D
D
D
D
D
1.430
Elderly housing designed for independent
living with separate housing units
D
D
D
D
D
D
ID
D
D
D
D
D
1.440
Group care homes
S
S
S
1.500
Temporary residence
1.510
Hotels and motels
Z
Z
Z
1.520
Bed and breakfast and other temporary
residences renting rooms for relatively
short periods of time
S*
S*
S*
D
D
D
D
D
D
1.530
Homeless shelter
C
C
C
IC
C
1.600
Hem sperial 68FVOGes,
s emphasizing
Reserved
4.619
NuFsiAg raFe homes,'
S
S
S
S
S
S
Z
Z
homes
1.620
Halfway houses
G
IG
G
G
4.638
Z
Z
S
S
S
S
Z
Z
Z
Z
Z
Z
1.700
Residential subdivisions (refer to
subdivision regulations, section 15-79
1.800
Manufactured homes
1.810
On individual lots
D
D
ID
1.811
IClass A manufactured home
D
D
D
1.812
Class B manufactured home
D
D
1.813
Modular home
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
1.820
Mobile home arks
D, S
1
1
1
1
1
D, S
D, S

City of New Bern Table of Permissible Uses
11/15/99
DRAFT
Z = Permitted Use; S = Special Use; C. = Conditional Use; D = Develo ment Standards Are Applicable
Uses
Description
A-5
A-517
R-20
R-15
R-10S
R-10
R-10A
R-8
R-6
C-5
C-SA
C-1 j
C-2
C-3
C4
14
1-2
1.821
Class C manufactured home in
Z
Z
Z
manufactured home parks only
1.900
Home occupations
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
2.000
Sales and rental of goods,
merchandise and equipment
2.100
No storage or display outside fully
enclosed building
2.110
High -volume traffic generation (NCDOT
Z
Z
Z
Z
Z
standard
2.120
Low -volume traffic generation (NCDOT
Z
Z
Z
Z
Z
standard
2.200
Storage and display of goods outside fully
enclosed building allowed
2.210
High -volume traffic generation
Z
Z
Z
Z
Z
2.220
Low -volume traffic generation
Z
Z
Z
Z
Z
2.230
Wholesale sales
Z
Z
Z
Z
Z
3.000
Office, clerical, research and services
3.100
All operations conducted entirely within
fullyenclosed building
3.110
Operations designed [to] attract and
Z
Z
Z
Z
Z
Z
Z
serve customers for clients on the
premises, such as the offices of
attorneys, physicians, other professions,
insurance and stock brokers, travel
agents, govemment office buildings, etc.
3.115
Govemment office buildings and
D
D
D
D
D
D
D
D
D
Z
Z
Z
Z
Z
Z
Z
Z
supporting services contained within a
fully enclosed building

City of New Bern Table of Permissible Uses
11/15/99
DRAFT
Z = Permitted Use; S = Special Use; C = Conditional Use; D = Development Standards
Are Applicable
Uses
Description
A-5
A-517
R-20
R-15
R40S
R-10
R40A
R-8
R-6
C-5
C-5A
C-1
C-2
C-3
C-4
1-1
1-2
3.120
Operations designed to attract little or no
Z
Z
Z
Z
Z
Z
Z
customer or client traffic other than
employees of the entity operating the
principal use
3.130
Offices or clinics of physicians or dentists
Z
Z
Z
Z
Z
Z
Z
with not more than 10,000 square feet of
gross floor area
3.200
Operations conducted within or outside
,fully enclosed building
3.210
Operations designed to attract and serve
D
D
Z
Z
Z
D
Z
customers or clients on the premises
3.220
Operations designed to attract little or no
D
D
Z
Z
Z
D
Z
customers or clients other than the
employees of the entity operating the
principal use
3.230
Banks with drive-in windows
Z
Z
Z
Z
Z
Z
Z
4.000
Manufacturing, processing, creating,
repairing, renovating, cleaning,
assembling of goods, merchandise
and equipment
4.100
All operations conducted entirely within
Z
Z
fully enclosed[building]
4.110
Mechanical hi -tech shops and cabinet
Z
Z
Z
shops, no greater than 25 employees
4.200
Operations conducted within or outside
D
D
fully enclosed building
5.000
Education, cultural, religious,
philanthropic, social fratemal uses
5.100
Schools

City of New Bern Table of Permissible Uses
11/15/99
DRAFT
Z = Permitted Use; S = Special Use; C = Conditional Use; D = Develo ment Standards
Are Applicable
Uses
Description
A-5
A-517
R-20
R-15
R-10S
R-10
R-10A
R-8
R-6
C-5
C-5A
C-1
C-2
C-3 I
C-4
1-1
1-2
5.110
Elementary and secondary (including
C
C
C
C
C
C
C
C
C
C
C
associated grounds and athletic and other
facilities
5.120
Trade or vocational schools
C
C
IC
C
5.130
Colleges, universities, community
C
C
C
C
colleges (including associated facilities
such as dormitories, office buildings,
athletic fields, etc.
5.200
Churches, synagogues and temples
D, S
D, S
D, S
D, S
D, S
D, S
D, S
D, S
D, S
Z
Z
Z
Z
Z
Z
(including associated residential
structures for religious personnel and
associated buildings but not including
elementary schools or secondary school
buildings)
5.300
Libraries, museums, art galleries, art
centers and similar uses (including
associated education and instructional
activities
5.310
Located within a building designed and
Z
Z
Z
Z
Z
Z
previously occupied as a residence or
within a building having a gross floor area
not in excess of 3,500 square feet
5.320
Located within any existing or new
Z, S
Z, S
Z, S
Z, S
Z, S
Iz, S
Z, S
Z, S
structure
5.400
Social, fraternal clubs and lodges, union
D, S
D, S
D
D
D
D
D
D
halls, and similar uses
6.000
Recreation, amusement, entertainment
6.100
Activity conducted entirely within building
or substantial structure
6.105
Bowling alleys, skating rinks, indoor
Z, S
Z, S
tennis courts and similar uses
6.110
Billiards and pool halls

•
City of New Bern Table of Permissible Uses
"'15/99
DRAFT
Z = Permitted
Use; S = S ecial Use; C = Conditional Use; D = Develo ment Standards Are A
plicable
Uses
Description
A-5.
A-51F
R-20
R-15
R-10S
R40
R-10A
R-8
R-6
C-5
C-SA
C-1
C-2
C-3
C-4
14
1-2
6.115
Indoor athletic and exercise facilities
Z
Z
Z
Z
Z
6.120
Movie theaters
6.121
Seating capacity of not more than 300
D
D
D
D
D
6.122
Unlimited seating capacity
D
D
6.125
Adult establishments
S
6.130
Coliseums, stadiums, and all other
C
C
facilities listed in the 6.1 classification
designed to seat or accommodate
Isimultaneously
more than 1,000 people
6.200
Activity conducted primarily outside
(See following categories)
enclosed buildings or structures
6.210
Privately owned outside recreational
D
D
D
D
D
D
D
D
D
D
D
D
D
facilities such as golf and country clubs,
swimming or tennis clubs, etc., not
constructed pursuant to permit
authorizing the construction of some
residential development
6.220
Publicly owned and operated outdoor
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
recreational facilities such as athletic
fields, golf courses, tennis courts,
swimming pools, parks, etc. not
constructed pursuant to a permit
authorizing the construction of another
use such as a school
6.230
Golf driving ranges not accessory to golf
D
D
D
D
D
courses, par 3 golf courses, miniature
golf courses, skateboard parks, water
slides, and similar uses
6.240
Horseback riding stables (not constructed
D
D
pursuant to permit authorizing residential
development)
6.250
Automobile and motorcycle racing tracks
S
6.260
Drive-in movie theaters
I
is
Is

•
City of New Bern Table of Permissible Uses
11/15/99
DRAFT
Z = Permitted Use;
S = Special Use; C = Conditional Use; D = Develo ment Standards Are Applicable
Uses
Description
A-5
A-51F
R-20
R45
R40S
R-10
R-10A
R-8
R-6
C-5
C.6AIC-1
C-2
C-3
C-4
14
1-2
6.270
Marinas
D
D
D
D
D
6.300
Special events
D
D
D
D
D
D
7.000
Institutional residences or care or
confinement facilities
7.100
Hospitals, clinics, other medial (including
S
S
mental health) treatment facilities in
excess of 10,000 square feet of floor area
7.200
S
S
S
S
S
S
D
D
,'
rare *n6titutlen6, handirapped OF
Nursing, convalescent, and group care
institutions
7.300
Institutions (other than halfway houses)
C
where mentally ill persons are confined
7.400
Penal and correctional facilities
C
C
8.000
Restaurants bars nightclubs
8.100
No substantial carry -out service, no drive-
Z
Z
Z
Z
2
in service, no service or consumption
outside fully enclosed structure allowed
8.200
No substantial cany-out service, no drive-
Z
Z
Z
Z
Z
in service; service or consumption
outside fully enclosed structure allowed
8.300
Carry -out service, consumption outside
Z
Z
Z
Z
Z
fully enclosed structure allowed; no ddve-
in service
8.400
Carry -out service, drive-in service or
Z
Z
consumption outside fully enclosed
structure allowed
8.500
Gourmet and specialty shops, on -or off-
Z
Z
Z
Z
Z
Z
premises consumption, maximum seating
ca a ity of 20

City of New Bern Table of Permissible Uses
1/115/99
DRAFT
Z = Permitted Use; S = Special Use; C = Conditional Use; D = Development Standards Are Applicable
Uses
Description
A-5
A-517
R-20
R-15
R-10S
R-10
R40A
R-8
R-6
C-6
C-SA
C-1>
C=2
C-3
C-4
1-1
1-2
9.000
Motor vehicle related sales and
service operations
9.100
Motor vehicles sales or rental or sales
D
D
D
D
and service
9.200
Automobile service stations
D
D
Z
ID
D
D
9.300
Gas sales operations
D
D
Z
D
Z
Z
9.400
Automobile repair shop or body shop
Z
D
Z
Z
9.500
Carwash
Z
D
Z
Z
10.000
Storage and parking
10.100
Automobile parking garages or parking
D
D
D
D
D
D
lots not located on a lot on which where is
another principal use to which the parking
is related
10.200
Storage of goods not related to sale or
Z
Z
use of those goods on the same lot where
they are stored
10.210
All storage within completely enclosed
Z
Z
Z
structures
10.220
Storage inside or outside completely
D
Z
Z
enclosed structures
10.300
Parking of vehicles or storage of
D
D
Z
Z
equipment outside enclosed structures
where: (i) vehicles or equipment are
owned and used by the person making
use of lot, and (H) parking or storage is
more than a minor and incidental part of
the overall use made of the lot
11.000
S
Salvage yards; auto parts, scrap
rocessin
12.000
Services and enterprises related to
animals

City of New Bern Table of Permissible Uses
11/15/99
DRAFT
Z = Permitted Use; S = Special Use; C = Conditional Use; D = Develo ment Standards Are Applicable
Uses
Description
A-5
A-5F
R-20
R-15
R40S
R40
R-10A
R-8
R-6
C-5
C-SA
C-1
C-2
C-3
C-4
1-1
1-2
12.100
Veterinarian, all activities totally within
enclosed building
Z
Z
Z
Z
Z
12.200
Kennel(totally enclosed
Z
Z
Z
Z
12.300
Kennel outside completely enclosed
D
D
13.000
Emergency services
13.100
Police stations
D
D
D
D
D
D
D
D
D
D
D
Z
Z
Z
Z
Z
Z
13.200
Fire stations
D
D
D
D
D
D
D
D
D
D
D
Z
Z
Z
Z
Z
Z
13.300
Rescue squad, ambulance service
D
D
D
D
ID
D
ID
D
ID
D
D
Z
Z
Z
Z
Z
Z
13.400
Civil defense operation
Z
Z
Z
Z
Z
Z
Z
14.000
Agricultural, forestry, mining,
quarrying operations
14.100
A ricultural operations, farming
14.110
Excluding livestock
Z
Z
14.120
Including livestock
S
S
14.121
Including livestock (involving at least 20
animals but no more than 200 animals
S
14.200
Forestry operations (with temporary
sawmill
D
D
S
D, S
D, S
14.210
1 Forestry operations (without temporary
sawmill
Z
Z
S
S
S
Z, S
Z, S
14.300
Mining or quarrying operations, including
on -site sales of products
C
14.400
Reclamation landfill
C
C
15.000
Miscellaneous public and semipublic
facilities
15.100
Post office
Z
Z
Z
Z
Z
15.20OIAirport
C
C
Heliport
S
S
S
Sanita landfill
C
C
r15.3OO
Milita reserve, National Guard centers
Z
Z
Z
16.000D
cleaner laundromat
Z
Z
Z
Z
Z
Z
17.000Utility
facilities
17.10
NNei hborhood
Z
Z
2
Z
Z
Z
Z
Z
Z
Z.
Z
IZ
ID
Z
Z
Z
Z

•
City of New Bern Table of Permissible Uses
11/15/99
DRAFT
Z = Permitted Use; S = Special Use; C = Conditional Use; D = Develo ment Standards Are Applicable
Uses
Description
A-5
A-51F
R-20
R45
R-10S
R40
R-10A
R-8
R-6
C-5
C-5A
C-1
C-2
C-3
C-4
1-1
1-2
17.200
Community or regional
C
C
C
C
C
C
C
C
C
C
C
C
C
D
D
D
D
18.000
Towers and related structures
18.100
Household antenna affixed to dwelling
with total from grade not to exceed 35
feet
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
18.200
Household antenna affixed to dwelling
with total from grade more than 35 feet or
not attached and receive -only earth
stations
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
18.300
Telecommunication towers
18.310
Telecommunication towers, located on
existing structures
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
18.320
All other telecommunication towers
S
S
S
S
S
S
S
S
18.400
Buildings of for] structures in excess of
35 feet (refer to Article XII, Section 15-
189
19.000
Open air markets (farm and craft
markets, flea markets, product
markets
Z
Z
D
D
Z
D
Z
Z
20.000
IFuneral home
Z
Z
Z
21.000
Cemetery and crematorium
21.100
Cemetery
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
21.200
Crematorium
Z
Iz
Z
22.000
Nursery schools, day care centers
D
D
D
D
D
D
D
D
D
Z
Z
Z
Z
Z
Z
Z
23.000
Temporary structures used in
connection with the construction of a
permanent building or for some
Inonrecurring pu1pose
D
D
D
D
D
D
D
D
D
Z
Z
Z
Z
Z
Z
Z
Z
24.000
Bus station
Z
Z
Z
Z
25.000
Commercial greenhouse operations
25.100
No on -premises sales
Z
Z
Z
Z
Z
Z
25.200
On -premises sales permitted
Z
Z
I
Z
Z
Iz
Z

City of New Bern Table of Permissible Uses
11/15/99
DRAFT
Z = Permitted Use; S = Special Use; C = Conditional Use; D = Develo ment Standards Are Applicable
Uses
Description
A-5
A-51F
R-20
R-15
R-10S
R-10
R-10A
R-8
R-6
C-5
C-5A
C-1
C-2
C-3
C-4
1-1
1-2
26.000
Nonresidential subdivisions (refer to
subdivision regulations, Section 15-
79
27.000
Combination uses Reserved
28.000
Planned unit developments (refer to
subdivision regulations, section 15-
79
*Only in locally
designated
historic district
(Ord. No. 1994-60, § 2, 10-11-94; Ord. No. 1995-16, § 1, 4-11-95; Ord. No. 1995-59, § 1, 10-24-95; Ord. No. 1995-60, § 1, 10-24-95; Ord. No. 1996-8, § 1, 1-23-96;
Ord. No. 1996-13,§ 4, 2-13-96; Ord. No. 1996-22, § 1, 3-26-96
Z S Code
Multi -fa mil : < 5 du = Z
5du>=S
Other Uses: 2 acres or < = Z
>2acres=S
10

Manufactured Home Definitions
Manufactured Home. A dwelling unit, designed for use as a permanent residence, that
is composed of one or more components, each of which was substantially assembled in
a manufacturing plant and designed for installation or assembly and installation on the
building site.
Manufactured Home, Class A. A dwelling unit that: (i) is not constructed in
accordance with the requirements of the North Carolina Uniform Residential Building
Code as amended, and (ii) is composed of two or more components, each of which was
substantially assembled in a manufacturing plant and designed to be transported to the
home site, and (iii) meets or exceeds the construction standards of the US Department
of Housing and Urban Development, and (iv) conforms to the following appearance
criteria:
(A) the manufactured home has a minimum width, as assembled on the site,
of twenty feet;
(B) the pitch of the manufactured home's roof has a minimum nominal vertical
rise of three inches for each 12 inches of horizontal run and the roof is
finished with asphalt or fiberglass shingles;
(C) a continuous, permanent curtain wall, unpierced except for required
ventilation and access, is installed under the manufactured home; and
(D) the tongue, axles, transporting lights, and removable towing apparatus
are removed after placement on the lot and before occupancy.
Manufactured Home, Class B. A manufactured home constructed after July1, 1996
that meets or exceeds the construction standards promulgated by the US Department of
Housing and Urban Development that were in effect at the time of construction, but that
does not satisfy all of the criteria necessary to qualify as a Class A manufactured home
but meets the following standards: (A) skirting or a curtain wall, unpierced except for
required ventilation and access, is installed under the manufactured home and may
consist of brick, masonry, vinyl, or similar materials designed and manufactured for
permanent outdoor installation and (B) stairs, porches, entrance platforms, ramps and
other means of entrance and exit to and from the home are installed or constructed in
accordance with the standards set by the NC Department of Insurance and attached
firmly to the primary structure and anchored securely to the ground.
Manufactured Home, Class C. Any manufactured home that does not meet the
definitional criteria of a Class A or Class B manufactured home. Manufactured homes
that do not meet the definitional criteria of Class A, B, or C manufactured homes are
classified as recreational vehicles.
Modular Home. A dwelling unit constructed in accordance with the standards set forth
in the NC 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 or
more sections transported to the site in a manner similar to a manufactured home
(except that the modular home meets the NC State Building Code), or a series of panels
or room sections transported on a truck and erected or joined together on the site.

Manufactured Home Park. A residential use in which more than two Class A, B, or
Class C manufactured homes are located on a single lot or tract.
Manufactured Home Space. A designated area of land within a manufactured home
park designed for the accommodation of a single manufactured dwelling home in
accordance with the requirements of this Ordinance.
Manufactured Home Subdivision. A subdivision containing two or more building lots
that are specifically designed to be sold for residential occupancy by manufactured
home owners. See Section 11-4 for specific provisions related to manufactured home
subdivisions.
•
•

REZONING GUIDELINES
For
Elected and Appointed Officials
General
o Be familiar with the purposes of zoning. Consult the general 'purpose' section
of the Land Use Ordinance for guidance. Also consult the section of the Land
Use Ordinance which outlines the specific purposes and objectives of the
individual zoning districts.
o It is the responsibility of the City government to ensure that zoning decisions
promote the health, safety, and general welfare of all residents of the county.
There are many interests that comprise the 'public' interest. The various
interests of all individuals and groups should be considered but the interest of
the entire City should be the ultimate consideration in making zoning
decisions. The only relevant issue in deciding whether to adopt a proposed
amendment to the Land Use Ordinance is whether the proposed amendment
advances the public health, safety, or welfare.
o Be wary of 'speculative' rezoning requests where the need for a zoning
change is not clearly demonstrated. It should always be the petitioner's
responsibility to demonstrate that a proposed zoning change promotes the
public health, safety, and general welfare.
o Any advantages or disadvantages to the individual requesting a rezoning
must not be the controlling factor in making a zoning decision. The impact of
the proposed rezoning on the public at large must be the controlling factor.
Be ever mindful that the public at large includes considerably more people
than just the person making the request and the persons attending the
hearing that are for or against the rezoning. Do not abdicate your
responsibility as an elected or appointed government official to individual or
special interests.
o Base zoning decisions on recommendations and policies that are contained in
the Land Use Plan or other City planning documents. Plans are intended to
bring some consistency and impartiality in administrative decisionmaking.
Zoning is an implementation tool intended to carry out the county's land use
objectives and policies.
o The zoning -enabling state statutes require that zoning be "in accordance with
a comprehensive plan". North Carolina courts have not interpreted such
statutes to mean that zoning must be compatible with a separate
comprehensive plan document. The courts have ruled, instead, that zoning
be based upon a reasoned consideration of the entire jurisdiction and the full
range of land use issues facing the jurisdiction. Consequently, planning
studies and policies contained therein provide a reasonable basis upon which
to make decisions regarding the initial adoption of zoning or amendments to
an existing ordinance. While a land use plan amendment is not legally
New Sem
September 3, 1999

required before making a zoning decision that is inconsistent with the land
use plan, it would be prudent for the City to thoroughly review its plan and to
specifically note the factors influencing the decision not to follow the plan.
Ideally, an amendment to the land use plan would be adopted concurrently
with the zoning decision.
o
Zoning actions should promote the type(s) of land uses that are
recommended in the county's land use plan for the area being requested to
be initially zoned or rezoned.
o
Consider past rezoning actions, if applicable, that the City has taken for the
subject property and the immediate surrounding area.
a
Except for conditional use district rezonings, there must be no consideration
of representations made by the petitioner for a rezoning that, if the rezoning is
granted, the property will be used for only one of the possible range of uses
allowed in the requested zoning classification. Rather the entire range of
permitted uses in the. requested classification must be considered. A central
question is whether the range of uses allowed in the requested classification
is more appropriate than the range of use permitted in the existing
classification.
o
Placing special conditions on a general rezoning are not enforceable. Special
conditions may, however, be part of conditional use district rezonings. Be
aware of the differences in general rezonings and conditional use district
rezonings. Consult the section of the Land Use Ordinance that explains
conditional use district rezonings.
o
Understand that'contract zoning' is illegal in North Carolina. Contract zoning
occurs the City government and the property owner enter into a private
agreement as to how the zoning power will be exercised. An example would
be when the City rezones property to a certain classification in exchange for
the property owner's agreement to develop a new City park in the area to be
rezoned.
o
Consider the general suitability of the property to be initially zoned or.
rezoned. Consider the impact of the zoning classification on public services
such as streets, schools utilities, law enforcement, fire protection, etc.
o
Consult the 'amendments' section of the Land Use Ordinance for specific
information regarding rules and procedures governing rezonings.
o
Consider the policy precedent the rezoning decision has on future rezoning
requests.
❑
Use property lines, streets, or major natural features (rivers, lakes, etc.) to the
maximum extent practicable as boundaries of zoning districts.
o
Be aware that using streets as a district boundary can, however, sometimes
create compatibility problems by promoting differing land uses on opposite
sides of the street (i.e., residential on one side of the street and commercial
on the opposite side).
o
Avoid splitting parcels with zoning district boundaries.
o
If possible, avoid zoning district boundaries that are measured a specified
distance parallel to a street right-of-way line.
i
New Bem 2
September 3, 1999

❑ Avoid zoning a single parcel or a small area that is totally out of character with
the zoning of the surrounding area. Such action could be challenged as 'spot
zoning' and may be invalidated by the courts. While spot zoning in and of
itself is not illegal in North Carolina, the courts look at whether the zoning
decision made in small scale zoning cases is in the public interest rather than
for the benefit of a few property owners at the expense of the entire
community.
❑ Avoid creating small zoning districts just to accommodate an existing
nonconforming use. Let the noncomforming provisions in the Land Use
Ordinance text accommodate nonconforming use situations.
❑ Ensure adequate streets and utilities to accommodate zoning classifications
that allow intensive development.
❑ Provide a transition between intensive zoning classifications (industrial or
commercial) and residential zoning classifications; office, institutional,
conservation classifications provide good transition districts.
❑ Understand the sometimes subtle differences and requirements of a
legislative zoning hearing (i.e., hearings for rezonings, text amendments,
adoption or repeal of zoning) and a evidentiary hearing (i.e., hearings for
special and conditional use permits, variances, appeals, etc.). Consult the
section of the Land Use Ordinance that describes the rules and procedures
for hearings for amendments and hearings for special use or conditional use
permits.
❑ Be aware of the statutory and constitutional limitations of zoning. For
example, NCGS 160A-383.1 (c) prohibits municipalities from totally excluding
manufacturing homes from its zoning. Consult with your planning staff and
attorney about specific limitations.
Commercial
❑ Ensure that the area proposed to be zoned for commercial use has adequate
vehicular access to a major highway.
❑ Promote a nodal zoning pattern at intersection areas rather than a strip
zoning pattern along a highway right-of-way.
❑ Ensure that utilities, existing or readily available, are adequate to
accommodate zoning classifications that allow intensive commercial
development.
❑ Consider the impact of the range of uses allowed with the proposed
commercial district on any adjoining residential properties.
❑ Consider the potential impacts from increased vehicular traffic, noise, light,
hours of operation, etc. that commercial uses may have on adjoining
properties.
Industrial
❑ Ensure that the area has adequate vehicular access to a major highway.
New Bem 3
September 3, 1999

•
E
❑ Ensure that utilities, existing or readily available, are adequate to
accommodate intensive industrial development.
❑ Consider the impact of the range of uses allowed with the proposed industrial
district on any adjoining residential properties.
❑ Consider the potential impacts from increased truck traffic, noise, glare,
vibration, fumes, electrical interference, etc. that industrial uses may have on
adjoining properties.
New Bem 4
September 3, 1999

0 Home Occupations
What is a home occupation?
• Define.
• List examples of permissible uses and activities.
• List prohibited uses (examples could include restaurants, nursing homes, day care
centers, funeral homes, etc.).
• Determine if occupants only can be employed in the home occupation or if outside
employees are allowed (specify number).
• Determine if home occupations can be conducted only within a dwelling unit or also
within an accessory building.
Issues
• Traffic.
• Noise, odors, vibrations, electrical interference, etc.
• Hours of operation.
• Parking.
• Vehicles used in conjunction with the home occupation.
• Signs.
• Change in external appearance.
Is
•

TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND)
Purpose
To allow for the development of fully integrated, mixed -use pedestrian -oriented
neighborhoods. The intent is to minimize traffic congestion, suburban sprawl,
infrastructure costs, and adverse environmental impacts.
Uses
Permissible land uses are specified, particularly nonresidential uses. Typically,
residences are allowed in conjunction with limited, low -intensity retail uses; business
and professional offices; mixed use structures containing residences and permitted
nonresidential uses; public offices and services; and limited institutional uses.
Guidelines for the distribution of permitted land uses are often provided.
General Design Principles
•
Neighborhoods have identifiable centers and edges.
•
Neighborhoods have a discernible center such as a square or green.
•
Edge lots are readily accessible to nonresidential uses by pedestrian means.
•
Uses and housing types are mixed and in close proximity to one another.
•
A variety of dwelling types (single-family detached, single-family attached, multi-
family) is provided.
•
Street networks are interconnected and blocks are small.
•
Streets are relatively narrow and shaded by rows of trees.
•
Civic buildings are given prominent sites throughout the development.
•
Neighborhood -sized playgrounds should be within walking distance (generally one -
eighth of a mile) to residences.
•
Structures in the neighborhood center should be located close to the street to
create a strong sense of place.
•
Parking lots and garage doors rarely front streets. Parking should be located to the
rear of buildings and access provided by alleys.
•
Buildings for meetings, education, religion or culture should be located at the
termination of a street or vista.
•
A homeowners association should be established.
Sample Distribution of Permissible Land Uses
Use
Amount
Attached dwellings
15-30%
Detached dwellings
30%
Shopfront
2-30%
Other Commercial
5-15%
Civic
2%
Public
5%

•
Compatible building materials.
Entranceways
Additional design guidelines and performance standards that address exterior lighting
standards, maximum impervious surface area, conversion and redevelopment of existing
land use, permissible uses, fencing, etc.
Design review process and procedures.
Pariung lot setbacks.
Revised tdscaping/buffering standards.
Public right-of-way features —uniform street lighting, uniform signs, ornamental traffic
control signals, enhanced landscaping, sidewalks, pedestrian crossings, festive banners,
etc.
•
0

•
•
•
Compatibility Standards
Outdoor Lighting
Outdoor lighting structures shall be located, angled, shielded, or
limited in intensity so as to cast no direct light upon adjacent
property and to avoid the creation of a visual safety hazard to
passing motorists.
Noise
Mechanical equipment producing noise or sound in excess of 70
decibels shall be located no closer than 100 feet to the nearest
residence.
Odors
The use shall not generate fumes or odors beyond what normally
occurs in the zoning district in which it is located.
Hours of Operation
The hours of operation allowed shall be compatible with the land
uses adjacent to the proposed site. In no case, however, shall
such use that adjoins residentially used or zoned property conduct
business between the hours of 10 pm and 8 am.
Vehicular Access
The use shall have direct access to a collector or higher capacity
street. However, if the use is intended to serve only a
membership that is limited to a residential development, access
may be provided from an interior street within the residential
development.
Use Separation
Outdoor recreational areas and all buildings shall be located a
minimum of 50 feet from any adjacent residentially -zoned
property.
Property Separation
No such facility shall be located within one-half mile of an existing
group care facility.
Maximum Area
A maximum of 3,000 square feet of gross floor area shall be
permitted per establishment.
Outside Storage
No outside storage of materials shall be permitted.
1

•
Screening
All off-street parking lots shall be screened from all adjoining
single-family residential uses by a buffer yard. The required buffer
yard shall comply with the requirements of Section 11-3.1(B).
Minimum Property Setbacks
All buildings and structures shall be a minimum of 500 feet from
any residentially -zoned or used lot.
Fencing
Security fencing, a minimum of 6 feet in height, shall be provided
along the entire boundary of the use.
Vibration
No vibration shall be produced which is transmitted through the
ground and which is discernable without the aid of instruments at
or beyond the lot line; nor will any vibration produce a particle
velocity of 2.0 inches per second measured at or beyond the
property line.
Dust
All unpaved areas shall be maintained in a manner, which prevents
dust from adversely impacting adjoining properties.
Dust and Particulates
Emissions of dust and particulates shall be in accordance with the
State of North Carolina rules and regulations governing air
contamination and air pollution. Particulate matter emission from
materials and products subject to becoming windborn will be kept
to a minimum by paving, sodding, oiling, wetting, covering or
other means such as to render the surface wind resistant. Points
of ingress and egress shall be paved/hard-surfaced with either
concrete or asphalt.
Smoke and Burning
Emissions of smoke and burning of non -vegetative matter shall not
be permitted on the site of a salvage yard.
Weeds and Vegetation
Weeds and vegetation on the premises, other than trees and
required screening materials, shall be kept at a height of not more
than 6 inches.
2

STATUTORY AND CONSTITUTIONAL LIMITATIONS .
ON ZONING AND LAND USE
Manufactured Homes. NCGS 160A-383.1 (c) and 153A-341.1 No city nor county
may adopt or enforce zoning regulations or other provisions, which have the effect of
excluding manufactured homes from the entire zoning jurisdiction. Federal law
preempts local construction and safety standards for manufactured housing. Local
governments can, however, impose appearance standards on manufacturing housing.
Regulations can not be based upon the ownership of the manufactured home.
Restricting manufactured homes by age is questionable. If age restrictions are
imposed the date of the enactment of the Federal Manufactured Home Construction
and Safety Standards (1976) should be the benchmark.
Vested Rights. NCGS 160A-385.1(e) (1) and 153A-344.1 A vested right, once
established as provided for in this section, precludes any zoning action by a city or
county which would change, alter, impair, prevent, diminish, or otherwise delay the
development or use of the property as set forth in an approved site specific
development plan or an approved development, (some exceptions are, however,
delineated in these sections).
Family Care Homes. NCGS 168-22 (a) A family care home shall be deemed a
residential use of property for zoning purposes and shall be a permissible use in all
residential districts of all political subdivisions. No political subdivision may require that
a family care home, its owner, or operator obtain, because of the use,,a conditional use
permit, special use permit, special exception or variance from any such zoning
ordinance or plan; provided, however, that a political subdivision may prohibit a family
care home from being located within a one-half mile radius of an existing family care
home. While state law permits a one-half mile separation between family care homes,
it is unclear if this minimum separation requirement is valid under the Fair Housing Act.
A 'family care home' is defined in the NCGS as an adult care home with support and
supervisory personnel that provides room and board, personal care and habilitation
services in a family environment for not more that six resident handicapped persons.
'Handicapped person' is defined as a person with a temporary or permanent physical,
emotional, or mental disability including but not limited to mental retardation, cerebral
palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and
orthopedic impairments but not including mentally ill persons who are dangerous to
others as defined in NCGS 122C-3 (11) b.
Handicapped/Family Status. Federal Fair Housing Act. Local governments are
prohibited from discriminating on the basis of handicapped status. 'Handicapped' is
defined to include a physical or mental impairment that substantially limits one or more
of a person's major life activities. The definition does not, however, illegal use of or
addiction to a controlled substance nor does it include persons whose tenancy would
constitute a direct threat to the health or safety of others. Local governments must
make reasonable accommodation in rules and policies to afford a handicapped person
equal opportunity to use and enjoy a residence. Some courts have upheld local
February 11, 2000

•
regulations that limit the number of unrelated individuals that may occupy a single
dwelling unit. However, courts have invalidated the regulation of the number of related
individuals that live together. The Fair Housing Act provisions also prevent limitations
on the number of persons that may occupy a single bedroom.
Farms. NCGS 153-340 This statute prevents county zoning provisions from
regulating bona fide farms, but any use of farm property for nonfarm purposes is
subject to zoning regulations. 'Bona fide farm purposes' include the production and
activities relating or incidental to the production of crops, fruits, vegetables, ornamental
and flowering plants, dairy, livestock, poultry, and all other forms of agricultural
products having a domestic or foreign market (see Swine Farms below for the recent
exception of large swine farms from this definition). Several court cases have provided
some clarification on what constitutes a 'bona fide farm purpose'. For instance, one
court case ruled that dogs are not livestock and thus dog breeding and kennel
operations are not included in the exemption of NCGS 153-340. Unlike counties, cities
have the authority to regulate agricultural operations within their jurisdictions.
Swine Farms. NCGS 153A-340. This statute pertains to county zoning only and was
recently amended to remove large swine farms from the bona fide farm exemption from
county zoning. The definition of large swine farms is currently tied to the permitting
requirements for animal waste management systems. Basically, hog farms with 250 or
more swine are required to have an animal waste management system approved by
the state. Hog farms served by an animal waste management system with a design
capacity of 600,000 pounds steady state live weight or greater may be subjected to
county zoning. A county may not adopt regulations that have the effect of excluding
large hog farms from the zoned area of a county nor require the discontinuance of
farms that are already in existence. A two-year statewide moratorium (extended to July
1, 2001) is currently in effect on the approval of new or expanded large swine farms
(250 or more swine) and on new or expanded animal waster management systems for
swine farms. NCGS 106-880 through 106-805 provides specific requirements on the
siting of swine farms. Setback requirements for swine houses and lagoons are
included in this statute.
Agriculture Nuisances. NCGS 106-701 (d) Any and all ordinances of any unit of
local government now in effect or hereafter adopted that would make the operation of
any such agricultural or forestry operation or its appurtenances a nuisance or providing
for abatement thereof as a nuisance in the circumstances set forth in this section are
and shall be null and void; provided, however, that the provisions of this subsection
shall not apply whenever a nuisance results from the negligent or improper operation of
any such agricultural or forestry operation or any of its appurtenances. Provided
further, that the provisions shall not apply whenever a nuisance results from an
agricultural or forestry operation located within the corporate limits of any city at the
time of enactment hereof. 'Agricultural operation' is defined as including, without
limitation, any facility for the production for commercial purposes of crops, livestock,
poultry, livestock products, or poultry products. 'Forestry operation' is defined as those
activities involved in the growing, managing, and harvesting of trees, but not sawmill
operations.
February 11, 2000 2

Adult Establishments. 14-202.11 This statute specifies that no person shall permit
any building, premises, structure, or other facility that contains any adult establishment
to contain any other kind of adult establishment. No person shall permit any building,
premises, structure, or other facility in which sexually oriented devices are sold,
distributed, exhibited, or contained to contain any adult establishment. 'Adult
establishment' means an adult bookstore, adult motion picture theater, adult mini -
motion picture theater, adult live entertainment business, or massage business as
further defined in the statute. A NC Court of Appeals case in 1998 basically invalidated
typical zoning ordinance provisions that require a separation between adult businesses.
However, separation requirements between an adult business and other sensitive land
uses such as a church, school, park, etc. are permissible.
Shooting Ranges. SL 1997-465 This recently adopted law prohibits zoning
ordinances from amortizing some nonconforming shooting ranges. Ranges lawfully in
operation as of September 1, 1994 must be allowed to continue to operate as long as
there has been no substantial change in the use. The law otherwise does not limit
zoning provisions from regulating the location of shooting ranges.
Floodway Uses. 143-215.54 (b) The following uses may be made of floodways as a
matter of right: (i) general farming, pasture, outdoor plant nurseries, horticulture,
forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife and related
uses; (ii) ground level loading area, parking areas, rotary aircraft ports and other similar
ground level area uses; (iii) lawns, gardens, play areas and other similar uses; and (iv)
golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks,
hiking or horseback riding trails, open space and other similar private and public
recreational uses. 'Floodway' is defined as that portion of the channel and floodplain of
a stream designated to provide passage for the 100-year flood, without increasing the
elevation of that flood at any point by more than one foot.
Telecommunications. Federal law provides the FCC with some preemptive
authority over local governments' zoning control of telecommunications towers. The
Telecommunications Act gives the FCC sole jurisdiction over the field of regulation of
RF emissions and does not allow local governments to condition or deny
telecommunications facilities permit requests on the basis of RF impacts. Generally,
the location, height, setback, structural requirements, separation, etc. of
telecommunications facilities can be regulated through zoning. However, local
regulations can not have the effect of prohibiting the provision of personal wireless
services and regulations can not discriminate among the providers of functionally
equivalent services.
Alcohol Sales. The courts have ruled that a state ABC permit overrides local zoning
ordinances. ABC permit -holders can do what is allowed by the ABC permit even if it is
inconsistent with local zoning restrictions on such matters as location, hours of
operation, signs advertising alcohol products, etc. Restrictions on alcohol sales by local
zoning is probably preempted by state regulations. See also Places of Amusement.
Historic Districts and Landmarks. NCGS Article 19, Chapter 160A, Part 3C
These general statutes provide for the protection of historic resources by cities and
counties. Land use can be restricted within designated historic districts. Special review
February 11, 2000 3

and design standards may be applicable in historic districts. The state's courts have
ruled that protection of historic resources is a valid use of zoning.
Public Buildings/Land. While buildings used or constructed by state agencies,
counties, cities, and utility districts must comply with local zoning requirements,
governmental land uses that do not involve a building are not subject to local zoning.
Buildings used by the federal government are not subject to local zoning. No land
owned by the State of North Carolina may be included within any overlay district or a
special use or conditional use district without approval of the Council of State (NCGS
153A-347).
Public Water Supply Watersheds. NCGS 143-214.5 requires that local
governments whose jurisdiction contains surface water bodies used for a public water
supply adopt minimum land use regulations to protect the water quality of the water
bodies. Local governments are required to administer and enforce minimum watershed
management and protection regulations.
Hazardous Waste. NCGS 130A-293 provides for preemption of local zoning
restrictions on state -selected sites for the treatment of hazardous waste. Local zoning
restrictions on low-level radioactive waste facilities may also be preempted through
provisions in NCGS 104E-6.2
Junkyards. NCGS Article 12, Chapter 136 The Junkyard Control Act provides
restrictions on the location and screening of junkyards. The provisions of this act are
enforced by the North Carolina Department of Transportation. NCGS 136-153 requires
that all zoning authorities provide written notice to the NCDOT of the establishment or
revision of any industrial zone within 660 feet of an interstate or primary highway right-
of-way.
Billboards. NCGS Article 12, Chapter 136. Billboards located within 660 feet of
interstate or federally -assisted primary highways are subject to the standards and
permitting requirements of the Outdoor Advertising Control Act which is administered
and enforced by the North Carolina Department of Transportation (NCDOT). The Act
essentially allows billboards in areas that are zoned for commercial or industrial use or
in unzoned areas that meet certain criteria specified in the Act. A 1999 Federal
Highway Administration (FHWA) ruling regarding a North Carolina town's zoning action
resulted in the withholding of federal -aid highway funds. In that decision, the FHWA
determined that a rezoning that was undertaken for the express purpose of allowing the
construction of outdoor advertising signs was not consistent with federal regulations.
The FHWA ruled that the NCDOT could not use Federal -aid highway funds in any
project located within the town's zoning jurisdiction. Local governments are required to
notify, in writing, the NCDOT of all zoning changes regarding the establishment or
revision of commercial and industrial zoning districts in areas regulated by the Outdoor
Advertising Control Act.
Firearm Sales. NCGS 14-409.40 The sale of firearms must be treated the same as
any other commercial activity. Firearm shows must be treated the same as any other
commercial show. Local zoning provisions can, however, require a special or
conditional use permit for any commercial activity within a prescribed distance from a
February 11, 2000 4

school; a permit standard can be established that the activity not pose a danger to the
health, safety, or welfare of those attending the school.
Constitutional Limits. Limitations on zoning powers imposed by the United States
Constitution include due process, equal protection, freedom of speech and religion, and
takings. The due process provisions of the 4th and 5th Amendments require that
zoning hearings and the decision -making process be carried out fairly and that the
substance of zoning actions be reasonable. The equal protection clause of the 14th
Amendment requires that persons in the same situation be treated the same. The 1st
Amendment rights of speech, religion, press, assembly, and petition must not be unduly
restricted by local zoning. While reasonable regulations have been approved by the
courts, the total ban of a place of worship or adult business, for example, is not
allowed. Sign regulations must be particularly careful not to unreasonably infringe on a
person's freedom of speech. The courts have, however, allowed more substantial
restrictions on 'commercial speech' such as advertisements and signs as opposed to
political or other speech. The 5th Amendment prohibits zoning regulations from being
so overly restrictive that they have the same practical effect as a taking of property for
public use without compensation. North Carolina courts have ruled that amortization of
a nonconforming use is not a taking as long as the amortization time period is
reasonable. Also, requirements for dedication (such as streets and utilities) are not a
taking as long as the dedication is necessary to achieve a legitimate governmental
objective and the size of the dedication is proportional to the impacts of the
development. Zoning regulations must be based on legitimate land use -related factors.
Thus, zoning provisions for housing can not be based on the ownership of the dwelling
unit.
Other Land Use -Related Regulations. Article 8, Chapter 160A and Article 6,
Chapter 153A specifically authorize municipalities and counties to regulate by general
ordinance certain uses and activities. The uses and activities often associated with
land use and community development include the following:
Regulation of Explosive, Corrosive, Inflammable, or Radioactive Substances.
NCGS 160A-183 and 153A-128 authorize cities and counties to restrict, regulate or
prohibit the sale, possession, storage, use, or conveyance of any explosive,
corrosive, inflammable, or radioactive substances, or any weapons or
instrumentalities of mass death and destruction with the city. See also Hazardous
Waste.
Places of Amusement. NCGS 160A-181 and 153A-135 authorize cities and
counties to regulate, restrict or prohibit the operation of pool and billiard halls, dance
halls, carnivals, circuses, or any itinerant show or exhibition of any kind. Places of
amusement and entertainment may include coffee houses, cocktail lounges, night
clubs, beer halls, and similar establishments, but any regulations thereof shall be
consistent with any permits or licenses issued by the NC Alcoholic Beverage Control
Commission.
Pawnshops. NCGS 91A-12 prohibits local government restrictions on the hours of
operation of pawnshops (unless the same restrictions apply to all businesses); the
February 11, 2000 5

•
nature of the business or type of pawn transaction; or the interest, fees, or recovery
charges set by the business.
Regulation of Flea Markets and Itinerant Merchants. NCGS 160A-178 and 153A-
125 authorize cities and counties to regulate, restrict or prohibit the business
activities of itinerant merchants, flea market operators, and flea market vendors or
hawkers.
Utility Transmission Lines. NCGS 62-106 permits state preemption, on a case -by -
case basis, of local zoning provisions that affect utility transmission lines. Local
governments must, within 30 days of receipt of a notice of application for state
approval, file with the Utilities Commission any local zoning provisions impacting the
construction, operation, or maintenance of utility transmission lines. Failure to make
the filing could result in the zoning provisions not being enforceable.
Mountain Ridge Protection. NCGS 160A-458.2 and 153A-448 Cities and
counties may enact and enforce mountain ridge protection ordinances pursuant to
Article 14, Chapter 113A of the NCGS.
Other Areas of Regulation Authorized in NCGS 160A and 153A Include:
• Personal watercraft operation in specified coastal cities, NCGS 160A-176.2.
• Aircraft overflights, NCGS 160A-180.
• Noise regulation, NCGS 160A-184 and 153A-133.
• Emissions of pollutants or contaminants, NCGS 160A-185.
• Regulation of domestic animals, NCGS 160A-186.
• Possession or harboring of dangerous animals, NCGS 160A-187 and 153A-
131.
• Abatement of public health nuisances, NCGS 160A-193 and 153A-140.
• Removal and disposal of abandoned and junked motor vehicles, NCGS
153A-132.
• Erosion and sedimentation control, NCGS 160A-458.
• Floodway regulations, NCGS 160A-458.1.
February 11, 2000 6

•
Issues and Topics Addressed In the
New Bern Land Use Ordinance Revisions
0

Issues and Topics
to be Addressed in the
New Bern Land Use Ordinance Revisions
1. Update, Not Rewrite The Current Land Use Ordinance.
2. Address Emerging Topics As Well As Omissions In Current Land Use Ordinance.
3. Specific Topics Include:
• Home occupations.
• Entranceways to the city.
• Neighborhood -oriented regulations such as connectivity of streets,
compatibility of proposed use with neighborhood character.
• Communications towers.
• Compatibility of manufactured homes in areas with traditional housing.
• Housing affordability.
• Updated definitions.
• Computation methodology for signs, landscaping, parking, etc.
• Design review standards and procedures.
• Rezoning guidelines/criteria.
• Planned Unit Developments.
• Incentives to encourage housing affordability, livability, etc.
11

Issues to Be Considered
In Updating the
New Bern Land Use Ordinance
1. COMPATIBILITY OF MANUFACTURED HOMES IN AREAS WITH TRADITIONAL
HOUSING.
Issue. Locating manufactured homes in areas with traditional housing units often
raises concerns about appearance, building orientation, and impact on property values.
We need to update our ordinance to reflect changes in manufactured home construction
technology and their effect on the expected life of manufactured homes. The ordinance
should draw a clear distinction between mobile, manufactured, and modular housing. It
should also draw a clear distinction between manufactured housing inside and outside
mobile home parks. In addition, what standards should be used to ensure greater
compatibility in traditional neighborhoods is a major issue that we must address. How
do we get manufactured homes to fit in aesthetically in traditional neighborhoods and
how do we ensure that the setup and quality of these homes are sufficient, such that
they do not detract from the appearance or value of conventional housing?
Objectives. To ensure that manufactured homes are properly located within the
city's planning jurisdiction so as to mitigate compatibility concerns. Balance the
development of standards that address concerns with the desire to not unnecessary
impact housing affordability.
Existing Ordinance Provisions. Section 15-164 (7) includes standards for
manufactured homes located on individual lots that are outside of mobile home parks.
Such manufactured homes are allowed in the A-5, R-20, and R-6 districts. Section 15-
164 (7) includes requirements for permanent masonry foundation, removal of towing
apparatus, exterior siding, and lot orientation based upon a length to width ratio formula.
Recommendations. Consider allowing only double -wide manufactured homes on
individual lots. Therefore, single -wide manufactured homes would be restricted to
mobile home parks. Develop additional appearance criteria regarding roof pitch and
building orientation. Development requirements for exterior building materials that are
compatible with existing structures. Update manufactured home definitions.
2. TELECOMMUNICATIONS TOWERS.
Issue. Large communications towers can have visual and safety impacts.
Concern is often expressed about location, design and appearance, property setback
and separation, RF emissions, abandonment, etc. We currently have very limited
regulatory control of communication towers. Our ordinance primarily addresses
antennas for televisions, telephones, ham -operated radios, etc. in a residential setting.
The ordinance does not address the new technology of cell towers. We need to look at
location issues - whether we wish to restrict the location of cell towers to municipal
properties thereby generating additional public income, and whether or not we want to
look at separation between cell towers with co -location requirements. Additional issues
include adequate setback and fall zone standards. The bottom line is, "What can be
done to mitigate the impact of cell towers on our city?"
Advisory Committee Meeting
March 22, 1999

Objective. To ensure that telecommunications towers are properly located within
the city's planning jurisdiction so as to have no significant adverse on surrounding
properties nor on the overall appearance and character of the community.
Existing Ordinance Provisions. Towers over 50 feet in height require a special
use permit in A-5, A-5F, C-5, C-1, C-2, and C-3 districts. Section 15-166 delineates
specific standards for satellite receive -only earth station antennas. The LUO currently
does not contain specific development standards for telecommunications towers.
Recommendations. Develop specific development standards that address
location, collocation, setback, structural requirements (including stealth design), access,
landscaping, maintenance, and abandonment. The Telecommunications Act gives the
FCC sole jurisdiction of the field of regulation of RF emissions. Consider a two-tier
permissible use approval process: zoning permit on public properties and special or
conditional use permit elsewhere.
3. ENTRANCEWAYS TO THE CITY.
Issue. We feel strongly that the city's entranceways can be enhanced with
architecturally and aesthetically integrated development. There has always been
tension in the City between developers wanting surety in the materials to be used on
structures, and the desire on the part of others to ensure good design but with more
flexibility in materials selection. We feel that better design review standards and
procedures would be helpful in ensuring a better product. In addition, the issue of what
materials are allowed in which zones needs to be fleshed out further. The idea of
setback, especially where parking is located and how that parking is buffered from the
right-of-way, is also a major concern that we would like to address better. Overall, we
would like to have design review control to ensure that new construction is more
compatible with the character of the New Bern area.
Objective. To improve the appearance and function of major entranceway
corridors.
Existing Ordinance Provisions. Article XXII, Commercial Entranceway Corridor
Overlay Districts (Sections 15-450 through 15-467) outlines the process for site plan
review and delineates design guidelines and performance standards. Six corridor
overlay districts are established: Broad Street/Queen Street, Trent Road, Glenbumie
Road, Neuse Boulevard, US Highway 17/Clarendon Boulevard, and First Street.
Required and recommended standards are provided for each of the six overlay districts.
The requirements of this Article are applicable to commercial, office, institutional, utility,
multi -family, and recreational uses. The design guidelines, which are tailored to each
corridor district, address such items as building setback, building height, building
materials, building orientation, parking lot location, vehicular access, signage, and
streetscape improvements (planting strips, sidewalks, underground utilities, etc.).
Recommendations. Prepare additional design guidelines and performance
standards that address exterior lighting standards, maximum impervious surface area,
conversion and redevelopment of existing land use, permissible uses, etc. Review
existing building materials and landscaping/buffering requirements.
0
Advisory Committee Meeting 2
March 22, 1999

Summary of Identified Issues
0 New Bern Land Use Ordinance
1. HOME OCCUPATIONS
Issue. Home occupation activitieshmpacts are not compatible with residential
settings.
Obiective. To accommodate compatible nonresidential uses in residential areas.
To limit home occupations to those activities that do not detract from the residential
character of the area within which they are located.
Existing Ordinance Provisions. There are no specific standards or requirements
for home occupations. Home occupations are permitted by right in all general zoning
districts except 1-2.
Recommendations. Prepare specific development standards that home
occupations must meet. Standards should address maximum allowable floor area, use
of outbuildings/accessory buildings, outside storage, signage, and parking. In addition
operational standards should address outside employees, retail sales, neighborhood
impacts, etc.
2. NEIGHBORHOOD -ORIENTED REGULATIONS SUCH AS CONNECTIVITY OF
STREETS
Issue. Improve interconnections between compatible land uses.
Obiective. To provide vehicular and pedestrian interconnections to similar or
compatible adjacent uses, existing and future, when such interconnections would
facilitate internal and external traffic movements. To improve connections between
residential neighborhoods and between nonresidential areas and compatible adjacent
land uses. To improve response time for emergency vehicles. To promote service
delivery. both public (garbage collection, school bussing, utility meter reading, street
maintenance, etc.) and private.
Existing Ordinance Provisions. Section 15-214(a) and (c) require that streets
within a proposed subdivision be coordinated with existing, proposed, and anticipated
streets outside of the subdivision. Requirements for stub streets are contained in
Section 15-214(d). Section 15-217 (b) encourages cul-de-sac streets to minimize
through traffic.
Recommendations. Develop specific connectivity standards. Requirements for
stub streets to undeveloped adjacent properties and connection of proposed streets to
existing streets in adjacent tracts is in current ordinance. Require multiple vehicular
accesses to the proposed development and pedestrian connections to adjoining
properties and between proposed streets within the proposed development. Require
consistency with Thoroughfare Plans, Official Maps, Greenway Plans, etc.
3. COMPATIBILITY OF PROPOSED USE WITH NEIGHBORHOOD CHARACTER
March 24, 1999

Issue. Infill development and redevelopment sometimes create situations
whereby a proposed land use is somewhat different from the existing uses in the
neighborhood. Differences often relate to density, style of building, building setback,
building orientation, building height, traffic generation, hours of operation, signage,
demand for parking, outdoor lighting, noise, smoke, odors, etc. See also the issue of
manufactured home compatibility.
Obiective. To ensure that a proposed use does not adversely impact existing
uses nor the overall character of the neighborhood.
Existing Ordinance Provisions. Section 15-58 outlines general compatibility
requirements that special and conditional use permits must meet. Article XI,
Supplementary Use Regulations, outlines some compatibility standards for several
specific uses.
Recommendations. Develop specific development requirements for outdoor
lighting, noise, dust, odors, etc. that apply to all uses. Prepare more detailed
development standards for individual uses that warrant specific requirements that
address neighborhood compatibility issues.
4. HOUSING AFFORDABILITY
Existing Ordinance Provisions Sections 15-182 through 15-185 provide for a
residential density bonus in exchange for the provision of affordable housing.
Recommendations. Require that new subdivisions include a percentage
(Example: 20%) of their lots for houses that do not exceed a specified size (Example:
no more than 1,100 square feet). Use density bonus as an incentive to promote
affordable housing in PUD's (Example: 15% increase in permitted gross density if 20
percent of the housing does not exceed a specified size).
5. UPDATED DEFINITIONS
Existing Ordinance Provisions. Article 11, Section 15-15 contains the current
general definitions. Additional nonconforming situations -related definitions are in
Section 15-121, flood hazard area -related definitions are in Section 15-270, sign -related
definitions are in Section 15-321, parking -related definitions are in Section 15-341, and
historic district -related definitions are in Section 15-413.
Recommendations. Update and expand the current definitions section.
Consider adding general provisions to Article 11 regarding interpretation of the ordinance,
word interpretation, rules of construction, boundary interpretation, etc. Utilize graphics to
illustrate words, concepts, etc.
6. COMPUTATION METHODOLOGY FOR SIGNS, LANDSCAPING, PARKING, ETC.
Existing Ordinance Provisions. Article 11, Section 15-15 contains the current
general definitions. Additional nonconforming situations -related definitions are in
Section 15-121, flood hazard area -related definitions are in Section 15-270, sign -related
definitions are in Section 15-321, parking -related definitions are in Section 15-341, and
historic district -related definitions are in Section 15-413.
0 Recommendations. Utilize graphics to illustrate computation methods, terms,
etc.
March 24, 1999 2

7. DESIGN REVIEW STANDARDS AND PROCEDURES
Existing Ordinance Provisions. Section 15-429 delineates some general design
review standards for uses within the historic district. Appendices B and D provide more
detailed design guidelines for new buildings and signs within the historic district. Article
XXII , Part II includes design guidelines for uses within the Commercial Entranceway
Corridor Overlay Districts.
Recommendations. Consider whether Design Review Guidelines should be a
separate document from the LUO. Decide what types of projects will be governed by the
guidelines (i.e., commercial, multi -family; waterfront, etc.). A Design Review Manual
should be adopted by the Board of Aldermen and periodically updated. Policy decisions
regarding design review should be recorded and maintained for historical perspective.
Design review standards can be organized as 'required' and 'recommended'. Ensure
that the standards are written so as to precisely delineate the objective. Develop a
review process to adequately handle the design standards. See also the discussion
regarding entranceways to the city.
8. REZONING GUIDELINES/CRITERIA
Issue. The decision to change the zoning classification (rezone) on a piece of
property is a legislative decision that rests with the Board of Aldermen. The LUO
requires a review process that includes recommendations from the planning department
staff and the Planning and Zoning Board. Section 15-401 states that the central issue to
be considered in any amendment request (map or text) is whether or not the proposed
rezoning 'advances the public health, safety or welfare.' However, there are no other
specific criteria provided that give guidance as to what issues should be considered
when reviewing and making recommendations on a rezoning request
Existing Ordinance Provisions. Article XX outlines procedures for amending the
LUO, both text amendments and map amendments.
Recommendations. Prepare review guidelines for all participants in the rezoning
process —planning department staff, Planning and Zoning Board, and Board of
Aldermen. The guidelines should address such issues as (1) general plans and policies
that have been adopted by the City which are relevant to the proposed rezoning, (2)
consistency of the request with the adopted Land Use Plan, (3) impact of the request on
public services such as streets, utilities, etc., (4) impact of the request on the
surrounding property owners and the general neighborhood, and (5) impact of the
request on establishing amendment policy precedence. The review procedures should
clearly delineate the types of information that are required to be submitted along with a
rezoning application. Require that the applicant justify, in writing, why the requested
rezoning is necessary to advance the 'public health, safety or welfare'. Require a traffic
impact assessment on rezonings that are inconsistent with the adopted land use plan or
where certain thresholds for projected traffic are exceeded.
9. PLANNED UNIT DEVELOPMENTS
Existing Ordinance Provisions. Section 15-140 establishes Planned Unit
Development Districts. Residential, residential/commercial, commercial,
commercial/industrial, or industrial PUD's are possible. PUD's are not required to
comply with standard lot size, yard coverage, setback, and yard dimensions. Section
15-155 includes specific standards for PUD's. Residential/commercial PUD's are limited
March 24, 1999 3

•
•
to 10 percent commercial land area. Commercial/industrial PUD's are limited to 10
industrial land area. Nonresidential portions of PUD's can not be occupied until the
residential portions are completed.
Recommendations. Consider a density bonus for providing affordable -size
housing; on -site pedestrian facilities, greenway facilities, park facilities that exceed city
requirements; multiple use of stormwater impoundments, etc. Consider regulations
regarding new -traditional and open space subdivisions. See also discussion regarding
neighborhood -oriented regulations.
March 24, 1999 4

Issues to Be Considered
In Updating the
New Bern Land Use Ordinance
HOME OCCUPATIONS
Issue. Home occupation activitiesrmpacts can sometimes be incompatible with
residential settings.
Obiective. To accommodate compatible nonresidential uses in residential areas.
To limit home occupations to those activities that do not detract from the residential
character of the area within which they are located.
Existing Ordinance Provisions. There are no specific standards nor requirements
for home occupations. Home occupations are permitted by right in all general zoning
districts except 1-2.
Recommendations. Prepare specific development standards that home
occupations must meet. Standards should address maximum allowable floor area, use
of outbuildings/accessory buildings, outside storage, signage, and parking. In addition
operational standards should address nonresident employees, retail sales,
neighborhood impacts such as vehicular traffic, lighting, noise, odors, hours of operation,
etc.
COMPATIBILITY OF PROPOSED USE WITH NEIGHBORHOOD CHARACTER
Issue. Infill development and redevelopment sometimes create situations
whereby a proposed land use is somewhat different from the existing uses in the
neighborhood. Differences often relate to density, style of building, building setback,
building orientation, building height, traffic generation, hours of operation, signage,
demand for parking, outdoor lighting, noise, smoke, odors, etc. See also the issue of
manufactured home compatibility which was reviewed at the March 25th meeting.
Obiective. To ensure that a proposed use does not adversely impact existing
uses nor the overall character of the neighborhood.
Existing Ordinance Provisions. Section 15-58 outlines general compatibility
requirements that special and conditional use permits must meet. Article XI,
Supplementary Use Regulations, outlines some compatibility standards for several
specific uses.
Recommendations. Develop specific development requirements for outdoor
lighting, noise, dust, odors, etc. that apply to all uses. Prepare more detailed
development standards for individual uses that warrant specific requirements that
address neighborhood compatibility issues. Consider developing specific design review
standards for infill development and redevelopment in residential neighborhoods.
Advisory Committee Meeting
April7, 1999

PLANNED UNIT DEVELOPMENTS
Issue: Currently we have our standard subdivision regulations along with
planned unit development and cluster development regulations. The regulations
covering planned unit development, currently our most popular subdivision design, are
wide enough to drive a truck through.
0 . What we want to see, in addition to the standard subdivision
requirements, is a planned unit development section that deals with cluster subdivisions,
neo-traditional subdivisions, and open space subdivisions and that offer incentives for
developers to use these alternative design approaches. In addition, we need to look at
the existing subdivision standards as far as open space, sidewalks, street connectivity,
and related issues to ensure healthier and more walkable communities. Connectivity
should include how a subdivision connects with existing and future sites within the
adjoining areas and throughout the general vicinity.
Existing Ordinance Provisions. Section 15-140 establishes Planned Unit
Development Districts. Residential, residential/commercial, commercial,
commercial/industrial, or industrial PUD's are possible. PUD's are not required to
comply with standard lot size, yard coverage, setback, and yard dimensions. Section
15-155 includes specific standards for PUD's. Residential/commercial PUD's are limited
to 10 percent commercial land area. CommerciaUndustrial PUD's are limited to 10
industrial land area. Nonresidential portions of PUD's can not be occupied until the
residential portions are completed.
Recommendations. Consider a density bonus for providing affordable -size
housing; on -site pedestrian facilities, greenway facilities, park facilities that exceed city
requirements; multiple use of stormwater impoundments, etc. Consider regulations
regarding neo-traditional and open space subdivisions. See also below the discussion
of regarding neighborhood -oriented regulations.
NEIGHBORHOOD -ORIENTED REGULATIONS SUCH AS CONNECTIVITY OF
. STREETS
Issue. Improve vehicular and pedestrian interconnections between compatible
land uses.
Obiective. To provide vehicular and pedestrian interconnections to similar or
compatible adjacent uses, existing and future, when such interconnections would
facilitate internal and external traffic movements. To improve connections between
residential neighborhoods and between nonresidential areas and compatible adjacent
land uses. To improve response time for emergency vehicles. To promote service
delivery, both public (garbage collection, school busing, utility meter reading, street
maintenance, etc.) and private.
Existing Ordinance Provisions. Sections 15-214(a) and (c) require that streets
within a proposed subdivision be coordinated with existing, proposed, and anticipated
streets outside of the subdivision. Requirements for stub streets are contained in
Section 15-214(d). Section 15-217 (b) encourages cul-de-sac streets to minimize
through traffic.
Advisory Committee Meeting 2
April7, 1999

•
Recommendations. Develop specific connectivity standards and requirements
for stub streets to undeveloped adjacent properties and connection of proposed streets
to existing streets in adjacent tracts is in current ordinance. Require multiple vehicular
accesses to the proposed development and pedestrian connections to adjoining
properties and between proposed streets within the proposed development Require
consistency with Thoroughfare Plans, Official Maps, Greenway Plans, etc.
Advisory Committee Meeting 3
April7, 1999