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HomeMy WebLinkAboutInitial Draft Zoning Ordinance-19800 D r c9 vow-tl1. �"�a,•, �.yom�✓� -d �. � ��: Steel F 0 M OCM LIBRARY Jul. 7 19k INITIAL DRAFT ZONING ORDINANCE CRAVEN COUNTY, N.C. SEPTEMBER, 1980 PREPARED BY THE CRAVEN COUNTY PLANNING BOARD WITH ASSISTANCE FROM A TECHNICAL ADVISORY COMMITTEE AND JOHN C. SCHOFIELD,AICP. J A Pt, y 3 1989 A'' C. D�f' • ; , ItAlURA , RESOURCES Cut,,DEt: THIS DOCUMENT WAS PARTIALLY FUNDED BY A GRANT FROM THE NATIONAL OCEANIC AND ATMOSPHEREI:C•ADMINISTRATION AND THE OFFICE OF COASTAL MANAGEMENT OF THE STATE DEPARTMENT NATURAL RESOURCES AND COMMUNITY DEVELOPMENT. a TABLE OF CONTENTS ARTICLE I Preamble and Enactment Clause ARTICLE II Short Title and Purpose : ARTILCE III Application ARTICLE IV Reserved for Future Use ARTICLE V Special Uses ARTICLE VI Nonconforming Uses ARTICLE. VII Specific Districts . ARTICLE VIII Signs ARTICLE IX Regulations for Use Districts ARTICLE X Off Street Parking and Loading Requirements ARTICLE XI Administration and Enforcement ARTICLE XII Flood Damage Prevention ARTICLE XIII Board of Adjustment ARTICLE XIV Changes, Amendments and General Regulations ARTICLE XV Interpretations and Definitions ARTICLE XVI • Violations and Penalities ARTICLE XVII Legal Status and Effective Date C� ZONING ORDINANCE CRAVEN COUNTY TITLE. AN ORDINANCE OF THE COUNTY OF CRAVEN, NORTH CAROLINA, REGULATING THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND, THE SIZE OF BUILDINGS AND OTHER STRUCTURES OF LAND, THE SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS, AND THE DENSITY AND DISTRIBUTION OF POPULATION; CREATING DISTRICTS FOR SAID PURPOSES AND ESTABLISHING THE BOUNDARIES THEREOF; DEFINING CERTAIN TERMS USED HEREIN; PROVIDING FOR THE METHOD OF ADMINISTRATION AND AMENDMENT; PROVIDING FOR A BOARD OF ADJUSTMENT; AND PROVIDING FOR THE IMPOSITION OF PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE. ARTICLE I PREAMBLE AND ENACTMENT CLAUSE • In pursuance of the authority conferred by the North Carolina General Statutes, particularly Chapter 153A, Article 18, Part 3, the County Commissioners of Craven County, North Carolina hereby ordain and enact into law the following articles and sections. u ARTICLE II SHORT TITLE AND PURPOSE Section 200. Short Title This ordinance shall be known and may be cited as "The Zoning Ordinance of Craven County, North Carolina." (NOTE: These section numbers are only for purposes of organization. The final ordinance will reflect the custom and procedure used by the Craven County Board of Commissioners.) • Section 201. Purpose The provisions set forth in this ordinance are made in accordance with the Craven County comprehensive plan and are designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. This ordinance is made with reasonable consideration as to, among other things, the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout Craven County. In addition, this ordinance and its enforcement is made with reasonable consideration to expansion and development of the cities and towns within Craven County, so as to provide for their orderly growth and development. Section 202. Exemption This ordinance shall in no way regulate, restrict, prohibit, or otherwise deter any bona fide farm and its related uses, except that any use of such property for non -farm purposes shall be subject to such regulations. • Section 300. Jurisdiction ARTICLE III APPLICATION The provisions of this ordinance shall apply to the unincorporated areas of Craven County as specifically identified and delineated on the zoning map entitled "The Official Zoning Map of Craven County, North Carolina." In no instance shall this ordinance apply to any area which is not duly established and not identified as a zoning area, as shown on the official zoning map of Craven County, North Carolina. Said map and all explanatory matter thereon accompanies and is hereby made a part of this ordinance; the ordinance shall be on file in the office of the county commissioners. Section 301. Zoning District Boundaries Shown on Zoning Map The boundaries of said identified and delineated areas on the zoning map shall correspond to a zoning district as established by this ordinance. The original of the Zoning Map shall be kept in an accurate and current status at all times and shall be located in the office of the Register of Deeds. • Section 302. Copies of Zoning Map • Copies of the official Zoning Map, or portions thereof, may be made from time to time. These copies are informational only; the official Zoning Map is the final and sole authority as to the zoning status of land within the identified and delineated areas of Craven County, as shown on the official Zoning Map. Section 303. Maintenance Responsibility The Director of Planning shall be responsible for entering amendments to the official Zoning Map. Such entries shall be made within five working days of the date that the County Manager shall notify the Director of Planning of the passage of such amendments. Section 304. Authentication of Amendment The Director of Planning shall authenticate the entry of each amendment to the official Zoning Map and shall maintain a record of the nature and date of entry of each amendment. Section 305. Unauthorized Changes Prohibited Changes to the official zoning map other than those authorized by duly approved amendments to the Zoning Ordinance shall not be made. The making of unauthorized changes to the official Zoning Map shall be • considered a violation of this chapter. Section 306. Official Zoning Map Replacement When all or part of the official Zoning Map becomes damaged, lost, destroyed, worn or hard to interpret by reason of its age, condition, number of changes or otherwise, replacement may be authorized by resolution of the Board of County Commissioners. This new edition of the official Zoning Map may not change the zoning status of any property but it may correct previous errors or omissions. Such replacements shall be authenticated by the Director of Planning and shall bear the date and number of the authorizing resolution. Section 307. Interpretation of District Boundaries Where uncertainty exists with respect to the location of certain boundaries of districts as shown on the official zoning map, the Zoning Officer shall make an interpretation of said boundary upon request by any person. Any person aggrieved by any such interpretation may appeal such interpretation to the Board of Adjustment. The Zoning Officer and the Board of Adjustment, in interpreting the zoning map or deciding any appeal, -shall use the following standards: C� 307.01 Boundaries indicated as approximately following the center - is line of streets, highways, or alleys shall be construed to follow such centerlines. 307.02 Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines. 307.03 Boundaries indicated as approximately following city limit lines shall be construed to follow such city limit lines. 307.04 Boundaries indicated as following railroad lines shall be construed to be midway between the main track or tracks. 307.05 Boundaries indicated as following shorelines shall be construed to follow such shorelines; in the event of change in the shorelines, the boundary shall be construed as moving with the actual shorelines; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed as following such centerlines; 307.06 Distances not specifically indicated on the official zoning map shall be determined by the scale of the map. 307.07 Where physical and cultural features existing on the ground are at variance with those shown on the official zoning • map, or in other circumstances not covered by subsections 307.01 through 307.06 above, the Board of Adjustment shall interpret the district boundaries. 307.08 Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance, the Board of Adjustment may permit the extension of the regulations of either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot. Section 308. Required Conformance to District Regulations Except as otherwise provided in this Ordinance, no structure or land shall hereafter be used or occupied, and no structure, or part thereof, shall be altered, moved, erected, or built except in conformity with the regulations herein specified for the Zoning District in which the structure or land is located. Section 309. Prohibited Uses Uses of land or structures which are not expressly listed in the District regulations, as Permitted Principal Uses, Permitted Accessory Uses or Special Uses in a district are prohibited uses and shall not be established within that district. L� ARTICLE V • SPECIAL USES Section 500. Purpose It is the intention of the Board of Commissioners to create, and from time to time, amend a list of Special Uses with the list of Permitted Uses, which, because of their very nature, extent or external effects, require special care in the control of their location and methods of operation. In addition to the listing of such uses the Board of Commissioners intends that the general requirements established at Section 1301.03 and the more specific requirements established below shall be used by the Board of Adjustment to direct its deliberations upon applications for the approval of Special Uses. Section 501. General Standards The following general standards shall be met by all applicants for Special Uses: (a) the proposed special use does not affect adversely the general plans for the physical development of the County as embodied in these regulations or in any plan or portion thereof adopted by the Planning Board or by the Board of Commissioners; (b) the proposed special use is listed as such in the district • in which it is proposed to be .located; (c) the proposed special use will not affect adversely the health and safety of residents and workers in the County; (d) the proposed special use will not be detrimental to the use or development of adjacent properties or other neighborhood uses; (e) the proposed special use will not be affected adversely by the existing uses, in its immediate vicinity; (f) the proposed special use shall meet all of the Area, Height and Placement Regulations (g) the proposed special use shall meet the off-street parking and off-street loading standards unless other standards governing the special use are contained in the specific standards for the individual special use; (h) the proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, of the vehicular movement, of noise or fumes or of the type of physical activity. 40 The Board of Adjustment shall make these general findings based • upon substantial evidence contained in its proceedings. It shall be the responsibility of the applicant to present evidence in the forms of testimony, exhibits, documents, models, plans and the like to support the application for approval of special use. Section 502. Procedure for Submission and Consideration of Applications for Approval of Special Uses. The Board of Adjustment shall hear and decide all applications for approval of Special Uses in accord with the provisions of this Section, Article 13 and its Rules of Procedure. Application Submitted to Zoning Officer. Application for approval of Special Uses shall be filed with the Zoning Officer, who shall before accepting any application, insure that it contains all required information, as specified elsewhere in this Article. Applications which are not complete, or otherwise do not comply with the provisions of this article, shall not be accepted by the Zoning Officer, but shall be returned forthwith to the applicant, with a notation by the Zoning Officer of the deficiencies in the application. Section 503. The Board of Adjustment may impose such reasonable conditions upon its approval of applications for approval of special uses as will afford protection of the public health, safety and general welfare, • insure that substantial justice is done and equitable treatment provided. Section 504. Uses Which May Be Allowed a) Adult Bookstore, Picture Theater, Mini -Picture Theater, Drive -In Theater and/or Cabaret These uses may be allowed in the relevant Zoning District(s) where they are allowed provided that they met all off-street parking requirements; area, height, and bulk regulations, other applicable rules and regulations appropriate to such uses and the following conditions: 1) All windows, doors, openings, entries, etc. for all adult uses shall be so located, covered, screened or otherwise treated so that views into the interior of the establishment are not possible from any public or semi-public area, street or way. 2) No adult use shall be established within 500 feet of any residence, residentially zoned land, church, school, park, playground, sunagog, convent, library, or other area where large numbers of minors regularly travel or congregate. 3) No adult use shall be located within a 500 foot radius of another adult use. 0 b) Home Occupations. A home occupation as defined in this chapter • and allowed in any R district shall be governed by the following requirements: 1) no more than one person other than those residing in the home shall be engaged in the occupation; 2) no more than twenty percent of the heated floor space of the principal dwelling shall be used for the home occupation; 3) the home shall continue to be used principally as a dwelling; 4) home occupations shall be permitted only in single-family dwellings; S) the occupation shall not be visible from the street; 6) the occupation shall not involve the retail sales of products; provided that in an RA district, farm products raised and prepared in on the premises may be sold; 7) no outside signs in excess of two square feet in size shall be displayed on the premises (in an RA district a principal use sign may be allowed to advertise farm products raised and prepared on the premises, if only one sign is used and if it does not exceed twenty square feet in size); and • 8) the occupation shall not constitute a nuisance or any undue disturbance in the neighborhood. c) Junk Yards and auto graveyards. A junkyard or auto graveyard may be permitted in an industrial district subject to the requirements of the district and provided that; 1) the yard shall be set back at least two times the distance from the right-of-way line as required in the industrial front setback requirements; and 2) the yard shall be fenced with a visual screen eight feet in height in order that no junk can be seen from the street or surrounding properties. d) Kindergartens or nurseries. Kindergartens and nurseries may be allowed in an R district subject to the requirements of the district and provided that: 1) off-street parking requirements in this chapter be met; 2) a minimum of six hundred square feet of outdoor play area is supplied with an additional fifty square feet supplied for each child exceeding ten in number accommodated; 0 • 3) the entire play area is enclosed by a fence having a minimum height of at least four feet and constructed in such a manner that maximum safety to the children is ensured; and 4) no outside signs in excess of two square feet in size shall be displayed on the premises. e) Private clubs or lodges. A private club or lodge may be permitted subject to the requirements of the district and provided that: 1) all new sites shall be no less than two acres in size; 2) the structures shall have minimum side and rear yards of fifty feet and a frontyard of at least twenty-five feet greater than that required for single-family residences within the district; and 3) provisions for food, refreshment and entertainment for club members and their guests may be allowed in conjunction with such use if the board of adjustment determines that such provisions will not constitute a nuisance. f) Public utility buildings and uses. Public utility buildings and uses such as sewage lift stations, pump stations, electrical substations, etc., which do not create excessive noise, odor, smoke or dust and which do not possess other objectionable characteristics which might be detrimental to surrounding neighbors or to other uses permitted in the • district, may be permitted in any district. Public buildings and uses in this case shall not be construed to include post offices, armories, schools, churches, etc.; • s • (Note: This section is included for discussion purposes. The Board of Commissioners may not want to assume this role. This section comes from the Halifax County Zoning Ordinance and is used primarily in Planned Unit Development approval.) SPECIAL USES Basis for Special Uses Special uses, under the terms of this ordinance, are similar to conditional uses. However, special uses may be larger in scale, and their location may involve broad policy considerations affecting the entire community. Therefore, the governing body, rather than the board of adjustment has been designated as the body which must approve them. A special use is a use which, under the terms of this ordinance, is allowed on the property involved only after a petition for a permit for the use has been approved by the Halifax County Board of Commissioners after the board of commissioners has received the recommendations of the planning board. Procedures for Obtaining a Special Use Permit A property desciption form for any proposed special use shall be filed with the building inspector. The person filing the property description form must be the owner or a person having an interest in the land for which the special use is proposed. • If the special use is to include land in more than one ownership, the form must be submitted jointly by all of the owners or persons having an interest in each of the separately owned properties to be included. A sketch site plan for the development shall also be submitted to the building inspector along with the property description form. Within ten (10) days or less of the filing of the property description form and the sketch site plan, the building inspector shall transmit a copy of the form and site plan to the planning board who, in consultation with the building inspector within thirty (30) days after receiving this information, may schedule a pre -application conference to be held within sixty (60)'days after the planning board's receipt of the petition, and at least fifteen (15) days before the date of the conference mail a notice to petitioner or petitioners by first class mail of the time and place of the conference. The purpose of the pre -application conference is to enable the petitioner to present the site plan and other basic information about the proposal to the planning board and allow the planning board to give its tentative reaction to the proposal and allow the building inspector to advise the petitioner as to any permits or reviews which will be required under this ordinance. is • At any time after the pre -application conference the petitioner or petitioners may submit a petition for a special use permit which petition shall be submitted to the building inspector. A preliminary development plan shall be submitted with the pe- tition. The preliminary development plan shall be in accor- dance with Section 1407 or 1409 depending on the use, for which the special use permit is requested. Within thirty (30) days or sooner after receipt of a copy of the petition for a special use permit and preliminary develop- ment plan therefor, the planning board shall review the pe- tition and preliminary development plan and prepare a recom- mendation for the governing body with respect to whether the petition should be approved or denied. The governing body may grant the planning board a fifteen (15) day extension if the workload of the board or the complexity of the issues raised by the proposed use necessitate such additional time to prepare a recommendation. The planning board shall notify the petitioner or petitioners by first class mail of the time and place of any meetings held to consider the petition and preliminary development plan. Such notice shall be mailed at least fifteen (15) days prior to the meeting, except that if the petitioner or petitioners are present at a preliminary meeting, subsequent meetings isscheduled while the petitioner was present may be held with- out such notice. The planning board shall prepare a recommendation as provided herein with respect to whether the proposed special use and preliminary development plan satisfy the standards in Section 1404 or 1407, and the standards in Section 1409 and with regard to any issues raised in light of the adopted plans and policies of the governing body and other planning considerations. On or before its second regularly scheduled meeting follow- ing its receipt of the planning board's recommendation, the governing body shall determine whether it will schedule a hearing on the preliminary development plan for the special use, and if it does schedule a hearing, shall fix a date for the hearing no sooner than thirty (30) nor longer than sixty (60) days thereafter. At least fifteen (15) days prior to the public hearing the governing body shall give notice as follows: a. Written notice of the time and place of the hearing shall be given to the petitioner or petitioners by first class mail; and b. As the governing body deems appropriate notice shall be • published in a newspaper of general circulation or a no- tice or notices shall be posted upon or around the per- • imeter of the property which is proposed or likely to be developed. Such notice or notices shall advise that a planned unit development, mobile home park or shopping center has been proposed, indicate the time and place of the hearing, and direct further inquiry to the building inspector. Procedures for the public hearing: a. In acting upon a petition for a special use permit and a preliminary development plan therefor, the governing body shall have all of the authority and powers vested in the board of adjustment under Article VII and, except as they are added to or supplemented under this part, the governing body shall adhere to the rules of evidence, procedure, and decision making which apply to proceedings before the board of adjustment. b. The presiding officer shall call the hearing to order and announce in general terms the nature of the petition and the preliminary development plan, the order of sum- mations, presentations, and comments; the rules of pro- cedure, and such other matters as he deems appropriate. c. The presiding officer shall cause the materials which • comprise the record of the review by the planning board to be presented to the governing body and following the hearing, he shall cause a catalog or inventory of such materials to be delivered to the clerk of the governing body for entry into the minutes of the hearing. d. The presiding officer shall allow persons to make sum- mations, presentations, and comments in the following order: 1. The planning board may present their recommendations and a summation of the evidence or testimony on which their recommendations are based; 2. Interested parties who -are proponents of the petition; 3. Interested parties who are opponents of the petition; 4. Any person who in a representative capacity wishes to make a presentation for or against the petition or in the public interest may do so with the approval of the presiding officer; S. A summation or presentation which will require more than ten (10) minutes should normally be reduced to • writing, and an oral summary should be given. Persons who desire to give longer presentations shall request permission from the presiding officer at least seven • (7) days before the public hearing. The presiding officer should approve additional time only if the circumstances clearly warrant such additional time. 6. Interested parties or other persons who have not made summations or presentations may make comments not to exceed ten (10) minutes in length. Comments shall be competent, relevant, and material, and vile, abusive, or threatening language shall not be tolerated. e. The presiding officer, the county attorney, or the build- ing inspector may comment upon the significance or lack thereof of any evidence, testimony, or comment presented at the hearing. Rules of Evidence. Because the governing body acts as an ad- ministrative agency and makes quasi-judicial decisions when acting upon a petition for a special use permit, the rules of procedure and evidence set forth in Article VII shall apply to the public hearing. The presiding officer, any member of the governing body, the county attorney, and the building in- spector may question any person giving a summation, presen- tation, or comment. Interested parties may cross-examine or • offer evidence or testimony in explanation or rebuttal. Standards for Special Use Permits. The governing body shall not grant a special use permit unless the governing body, in its minutes with respect to the particular petition, finds as provided in Article VII that: a. The standards in Article VII have been satisfied to the extent they are applicable. b. The specific standards that apply to the particular type of special use have been satisfied. In granting a special use permit, the governing body may im- pose such reasonable and appropriate conditions and safeguards as are authorized for the board of adjustment to impose under Article VII and the building inspector shall issue a special use permit in accordance with such conditions and safeguards. Violation of such conditions and safeguards when made part of the terms under which a petition for a special use permit is granted shall be a violation of this ordinance and punish- able as such. A special use permit shall be granted by an appropriate or- der of the governing body addressed to the building inspec- tor for the issuance of a special use permit subject to any terms or conditions specified in the order. Upon receipt of such an order, the building inspector shall issue an appro- • priate special use permit in accordance with the terms or conditions thereof. Changes During Construction of Special Use Sometimes, after a special use permit has been issued, practical con- siderations encountered in the construction of the special 'use may make deviations from the approved preliminary development plan de- sirable to the developer. No such change shall be made unless the permittee or successor in title thereto receives advance approval ac- cording to the procedures specified in this section. A request for any proposed change shall be filed by the per- mittee or successor in title thereto with the building in- spector, along with any additional information on the special use and -the change and its possible effects which the build- ing inspector requests. Within ten (10) days, the building inspector shall forward the request for the change to the planning board. The planning board may approve such change provided that: • a. In the case of a planned unit development: 1. All of the standards in 1407 will continue to be met; and 2. Even though such an increase may meet the standards in 1407, neither the overall number of dwelling units nor amount of land covered by dwelling units will be increased by more than five (S) percent; and 3. Any conditions and safeguards imposed by the govern- ing body in granting the special use permit will con- tinue to be met. b. In the case of a planned shopping center: 1. All of the standards in 1409 will continue to be met; and 2. Any conditions and safeguards imposed by the govern- ing body in granting the special use permit will con- tinue to be met. c. In the case of a mobile home park: • 1. The standards in 1409 will continue to be met; and 2. Any conditions and safeguards imposed by the governing body in granting the special use permit will continue to be met. • Within sixty (60) days after receiving the request for the change, the planning board shall review the request, giving notice of any meeting to review the request to the applicant by first class mail at least fifteen (15) days prior to the meeting, and shall either: a. Approve the request, if the conditions in 802.03 are met and the planning board feels such change would not be harmful to the public interest. If the request is approved, the planning board shall issue a special use permit change form specifying the approved change which shall be attached to the special use permit and to all copies of the permit; or b. Refer the request to the governing body, if the conditions in 802.03 are not met, specifying which conditions are not met.and making any other recommendations the planning board deems appropriate; or c. Refer the request to the governing body, if the conditions in 802.03 are met, but the planning board feels the change would not be in the public interest because of.general planning considerations or other reasons, with a recommen- dation concerning the request. • Any approval for a change shall include the board's findings of fact and conclusions of law together with the reasons therefor and all recommendations shall be in accordance with section The permittee shall supply any information on the special use and change and its possible effects which the planning board requests. If a request is referred to it, the governing body shall fol- low the procedures in 801.09 through 801.12 except that an entire new preliminary development plan need not be re- quired by the governing body. The governing body may, how- ever, request any information it deems necessary on the special use and the change and its possible effects. If the governing body approves the change, it shall be granted by an appropriate order of the governing body addressed to the building inspector for the issuance of a new special use permit subject to any terms or conditions specified in the order. Upon receipt of such an order, the building inspector shall issue an appropriate special use permit in accordance with the terms or conditions thereof. • Final Development Plan Before any certificate of occupancy can be issued, a final develop- ment plan in accordance with Section 1404, 1407, or 1409 as applicable must have been submitted to the building inspector. -20- • Changes After Construction of Special Use From time to time, someone may desire to change all or part of a special use after it has been constructed. The same procedure as in subsection 802 shall be fol- lowed in requesting and making such changes with the follow- ing exceptions: a. Any interested party may request such a change, rather than the permittee or successor in title thereto only. b. The special use permit change form need not be attached to the original special use permit, if a party other than the original permittee requests and is granted such a change, but shall be given to the party who requested the change. c. A new certificate of occupancy shall be issued for any part of the special use in which a change has been ap- proved and made. • • • ARTICLE VIA NONCONFORMING USES Section 601. Continuance of Nonconforming Uses of Buildings The lawful use of a building existing at the time of the passage of this ordinance shall not be affected by this ordinance, although such use does not conform to the provisions of this ordinance; and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance or ordered by an authorized officer to secure the safety of the building, are made therein, but no such use shall be extended to occupy any land out- side such building. If such building containing a nonconforming use is removed or the nonconforming use of such building is discontinued for a continuous period of more than one hundred and eighty (180) days, every future use of such premises shall be in conformity with the provisions of this ordinance. Section 602. Continuance of Nonconforming Uses of Land The lawful use of "land" existing at the time of the passage of this ordinance, although such use does not conform to the provisions of this ordinance, shall not be affected by this ordinance; provided, however, that no such nonconforming use shall be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use at the time of the passage of • this ordinance. If such nonconforming use is discontinued for a con- tinuous period of more than one hundred and eighty (180) days, any future use of said land shall be in conformity with the provisions of this ordinance. Section 603. Extension or Improvement of Conforming Uses of Land or Buildings Which are Nonconforming as to Dimensional, Parking or Other Requirements The extension or improvement of a nonconforming land use or structure shall be permitted provided that such extension or improvement shall not increase the nonconformity that may exist as the result of this ordinance and provided further that such improvement or'extension shall comply with all other applicable requirements of this ordinance. In the event a building is destroyed to the extent of more than sixty (60) percent of its value immediately prior to the time of destruction, it shall, if rebuilt, conform to all applicable regulations of this ordinance. Section 604. Change of Use A nonconforming use of land or structures shall not be changed to any but a use listed as permitted in the regulations for the district in which such land or structure is located. • Section 605. Reconstruction Permitted • Nothing in this ordinance shall be construed to prevent the restora- tion of a building containing a nonconforming use destroyed to the extent of not more than sixty (60) percent of its value at the time immediately prior to destruction, if such building is repaired or rebuilt within one hundred and eighty (180) days of the date of such damage. Owner occupied residences which are nonconforming uses may be rebuilt regardless of the extent of the destruction, and churches which are nonconforming uses may be rebuilt regardless of extent of the destruction within a period of two (2) years from date of destruction. Section 606. Minimum Single Lot Requirements Where the owner of a lot already recorded at the time of the adoption of this ordinance or his successor in title thereto does not own sufficient land to enable him to conform to the dimensional requirements of this ordinance, such lot may be used as a building lot; provided, that the lot width and lot area are not more than twenty (20) percent below the minimum specified in the district. In any case where the lot area and/or lot width are more than twenty (20) percent below the minimum specified in this ordinance, or other dimensional requirements cannot be met, the Board of Adjustment is authorized to approve as a special exception such dimensions as shall conform as closely as possible to the required dimensions • and will not have a detrimental effect on neighboring or nearby property. is • ARTICLE VII SPECIFIC DISTRICTS Section 700. Regulations for Specific Districts Within the districts indicated on the zoning map no building or land shall be used and no building shall be erected or altered which is intended or designed to be used in whole or in part for any use other than those listed as permitted for that district in this Article. Section 701. R-A Residential Agricultural District The R-A Residential Agricultural District is established as a district in which the principal use of the land is for low density residential and agricultural purposes where development not having access to public water and sewer services will occur at sufficiently low density to provide a healthful environment. In addition, a number of uses may be allowed subject to conditions required by the zoning board of adjustment regarding the location, operation, appearance, and other features of the proposed building, structure, or use as it deems advisable to protect the property values and residential -agricultural environment of the district and to insure that the spirit of the ordinance shall be observed. • 701.01 The following uses are permitted in the R-A Residential Agricultural zone: a. Accessory building b. Accessory uses (incidental to any permitted use, including home occupations, subject to conditions.) c. Agricultural or farm use d. Building or Use, County Government e. Cemetery f. Church g. Dwelling, single family h. Dwelling, two family, in conformity with Craven County health regulations i. Dwelling, multi -family, in conformity with Craven County health regulations j. Mobile home, individual • k. School, trade or vocational 1. Fuel storage, if complying with applicable codes 701.02 The following uses may be permitted upon the approval of the Craven County Board of Adjustment, in accordance with Article XIII of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed special use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed special use on the surrounding property and on the traffic capacity of the existing road system. a. Mobile home part or subdivision, as regulated by the Craven County Mobile Home Ordinance and the Craven County Subdivision Regulations. b. Alcoholic beverages packaged, retail sale c. Ambulance service d. Animal medical care, including kennels, with side yard requirements • e. Antique shops, with display of objects in usable condition only f. Assembly hall, armory, stadium, coliseum g. Auction sales h. Automobile parts and accessory sales i. Automobile repair and/or body work permitted only for autos in process of repair, with screen or evergreen planting five (5) feet high j. Automobile sales, new and used k. Automobile service station operations, providing five (5) foot screening for all vehicles not in operation 1. Automobile washing establishment m. Bakery production and wholesale sales n. Baking, on premises, and retail only • o. Bank, savings and loan • p. Barbering and hairdressing services q. Bicycle sales and repair r. Blacksmith s. Boarding house t. Boats and accessories, retail sales and service u. Books and printed matter, distribution v. Bottled gas distribution, bulk storage w. Bottling y. Cabinet making z. Carpet and rug cleaning aa. Clinic services, medical and dental bb. Club or lodge • cc. Coal sales and storage dd. Contractor, general ee. Construction trades ff. Dairy products, retail sales gg. Dairy products, sales and processing hh. Day care center and kindergarten ii. Dry cleaning and laundry, commercial -or self-service jj. Eating and drinking establishments, excluding drive-ins kk. Eating and drinking establishments, including drive-ins 11. Exterminating service mm. Fairground activities, including carnivals and circuses nn. Farm machinery sales and service • • oo. Farm supplies, excluding farm machinery pp. Fire stations qq. Flower shop rr. Food sales ss. Food freezer operations tt. Funeral homes uu. Hunting preserve vv. Hardware, paint, and garden supplies ww. Hatchery operations xx. Home for the elderly yy. Home furnishing and appliance sales zz. Home occupations aaa. Hospital and sanitarium • bbb. Industrial operations ccc. Industrial sales ddd. Kennel eee. Laboratory, medical or dental fff. Laboratory, research ggg. Library hhh. Livestock sale and auction iii. Locksmith, gunsmith jjj. Motel, hotel, or motor court kkk. Monument sales 111. Monument works mmm. Newstand 40 nnn. Nursery, plant 000. Nursing home • ppp. Office of doctor, dentist, osteopath, chiropractor, optom- etrist, physiotherapist, or other profession qqq. Photography, commercial rrr. Private recreation club or swim club sss. Public recreation, operated on a non-profit basis ttt. Public utility station or substation uuu. Public utility works, shops, or storage yards vvv. Quarry operations www. Riding academy xxx. Second hand shop yyy. School, business and commercial zzz. School, private elementary or secondary aaaa. Signs • bbbb. Storage, warehouse cccc. Tailoring and dressmaking dddd. Teaching of art, music, dance of other fine arts eeee. Telephone exchange operations ffff. Temporary construction building gggg. Theater productions, indoor hhhh. Theater productions, outdoor iiii. Tobacco sales warehousing jjjj. Truck terminal activities, repair, hauling, and manufac- turing storage kkkk. Upholstering or furniture refinishing 1111. Wholesaling operation, with merchandise stored entirely within a building • • 701.03 The following uses may be permitted by the Craven County Board of Adjustment, in accordance with Article XIII of this ordinance. It shall be the duty of the board of county adjustment to hold a public hearing in regard to any pro- posed special use to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed special use on the property and on the traffic capacity of the surrounding road system. a. Planned unit developments, subject to conditions of Article VIII of this ordinance. 701.04 Dimensional Requirements: a. Minimum required lot area per dwelling unit or principal permitted use -------- 20,000 square feet* b. Minimum required mean lot width per dwelling unit or principal permitted use--100 feet c. Minimum required front yard ----------------- 40 feet d. Minimum required side yards. At least fifteen feet on each side of every principal building. There shall be a total of'forty (40) feet for both sides except that • any side yard abutting a street shall be at least thirty- five (35) feet. e. Minimum required rear yard. Twenty (20) percent of the mean lot depth provided that such rear yard need not ex- ceed thirty (30) feet. f. Height of buildings. No building shall exceed thirty-five (35) feet in height or two (2) stories unless the depth of front and width of side yards required herein shall be increased one foot for each two (2) feet, or fraction thereof, of building height in excess of thirty-five (35) feet or two (2) stories. 701.05 Location of accessory buildings: No accessory building shall be erected in any required front or side yard or with- in fifteen (15) feet of any street line or within three (3) feet of any lot line not a street line. An accessory building may be located in a rear yard provided it is located a distance not less than ten (10) feet from any principal building and three (3) feet from the rear lot line, and provided further, that on reversed corner lots no accessory building shall ex- tend toward the street line beyond the required front yard line of the lot to the rear or nearer than twenty-five (25) feet to the street line whichever is greater. is *Unless otherwise required by the Craven County Health Department. Section 702. R-15 Suburban Residential District • The Suburban Residential District is established as a single-family residential zone. 702.01 The following uses are permitted in the R-15 Suburban Residential District: a. Accessory uses clearly incidental to a permitted use and which will not create a nuisance or a hazard. b. Agriculture or horticulture including the sale of prod- ucts on the property where produced, provided that no retail stand or other commercial structure shall be lo- cated thereon, and no greenhouse heating plant shall be operated within thirty (30) feet of any front property line and not less than eight (8) feet from any other property line. c. Building and Use, County Government d. Cemeteries e. Churches and other places of worship, including parish houses and Sunday school buildings. • f. Single-family dwellings g. Fences, as regulated in Section 1402. 702.02 The following uses may be permitted upon the approval of the Board of Adjustment, in accordance with Article XIII of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed special use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed special use on the surrounding property and on the traffic capacity of the existing road system. a. Day care facilities and kindergartens operated as an in- cidental home occupation with an outdoor plan area equiv- alent to at least one hundred (100) square feet per child as permitted by Article XIV, Section 1405 of this ordinance. b. Grounds and facilities for open air games and sports, country clubs, community centers, branch libraries, and other similar properties operated exclusively for plea- sure, recreation, and other social, athletic or educa- tional purposes limited to not more than three hundred (300) participants, including spectators, provided such • grounds and facilities are operated by clubs or other or- ganizations, no part of the net earnings of which inures to the benefit of any private person or shareholder. c. Home Occupations • d. Public utility transformer substations, transmission towers, and water tanks on towers, and telephone central offices but not service or storage yards are permitted as a special use in all districts subject to the conditions as specified in Article VIII. Public utility distribution lines shall be permitted as a permitted use in all zoning districts. 702.03 The following use may be permitted by the Craven County Board of Adjustment, in accordance with Article XIII of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed special use to review the plans for the location and use of all buildings, • structures, and open land. The board of adjustment shall evaluate the effect of the porposed special use on the surrounding property and on the traffic capacity of the existing road system. a. Planned unit developments, subject to conditions of Article VIII of this ordinance. 702.04 Dimensional Requirements: a. Minimum required lot area per dwelling unit or principal permitted use---------- 12,000 square feet* b. Minimum required mean lot width per dwelling unit or principal permitted use-------------------------------------- 75 feet c. Minimum required front yard-------------- 35 feet d. Minimum required side yards. At least ten (10) feet on each side of every principal building except that any side yard abutting a street shall be at least fifteen (15) feet. *Unless otherwise required by the Craven County Health Department. • e. Minimum required rear yard. Twenty (20) percent of the • mean lot depth, provided that each rear yard need not ex- ceed thirty (30) feet. f. Height of buildings. No building shall exceed thirty-five (35) feet in height unless the depth of front and width of side yards required herein shall be increased one (1) foot for each two (2) feet, or fraction thereof, of build- ing height in excess of thirty-five (35) feet. 702.05 Location of accessory buildings: No accessory building shall be erected in any required front or side yard or within fif- teen (15) feet of any street line or within three (3) feet of any lot line not a street line. An accessory building may be located in a rear yard provided it is located a distance of not less than eight (8) feet from any principal building and three (3) feet from the rear lot line; provided further, that on reversed corner lots no accessory building shall ex- tend toward the street line beyond the required front yard line of the lot to the rear or nearer than fifteen (15) feet to the street line whichever is the greater. Section 703. R-9 Residential District The R-9 Residential District is established as a single-family and duplex residential zone. • 703.01 The following uses are permitted in the R-9 Residential District: a. Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard. b. Agriculture or horticulture including the sale of prod- ucts on the property where produced, provided that no retail stand or other commercial structure shall be lo- cated thereon, and no greenhouse heating plant shall be operated within thirty (30) feet of any front property line and not less than eight (8) feet from any other property line. C. Building or Use, County Government d. Cemeteries e. Churches and other places of worship, including parish houses and Sunday school buildings. f. Dwellings, single-family. g. Dwellings, two family. 0 h. Fences. 703.02 The following uses may be permitted upon the approval of the • Craven County Board of Adjustment, in accordance with Article XIII of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed special use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed special use on the surrounding property and on the traffic capacity of the existing road system. a. Day care facilities and kindergartens operated as an in- cidental home occupation with an outdoor play area equivalent to at least one hundred (100) square feet per child as permitted by Article XIV, Section 1405 of this ordinance. b. Grounds and facilities for open air games and sports, country clubs, community centers, branch libraries, and other similar properties operated exclusively for plea- sure, recreation and other social, athletic or educational purposes limited to not more than three hundred (300) par- ticipants, including spectators, provided such grounds and facilities are operated by clubs or other organizations, no part of the net earnings of which inures to the bene- fit of any private person or shareholder. • 703.03 The following use may be permitted by the Craven County Board of Adjustment, in accordance with Article XIII of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed special use to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed special use on the surrounding property and on the capacity of the existing road system. a. Planned unit developments subject to conditions of Article VIII of this ordinance. 703.04 Dimensional Requirements: a. Minimum required lot area per dwelling unit or principal permitted use ---------- 9,000 square feet* `b. Minimum additional lot area per develop- ment unit in excess of one unit ---------- 2,000 square feet c. Minimum required mean lot width per dwelling unit or principal permitted use-------------------------------------- 70 feet (for one unit) 85 feet (for two units) • *Unless otherwise required by the Craven County Health Department. d. Minimum required front yard-------------- 35 feet • e• Minimum required side yard. At least ten (10) feet on each side of every principal building except that any side yard abutting a street shall be at least fifteen (15) feet. f. Minimum required rear yard. Twenty (20) percent of the mean lot depth, provided that such rear yard need not ex- ceed thirty (30) feet. g. Height of buildings. No building shall exceed thirty- five (35) feet in height unless the depth of front and width of side yards required herein shall be increased one (1) foor each two (2) feet, or fraction thereof, of building height in excess of thirty-five (35) feet. 703.05 Location of accessory buildings: No accessory building shall be erected in any required front or side yard or within fif- teen (15) feet of any street line or within three (3) feet of any lot line not a street line. An accessory building may be located in a rear yard provided it is located a distance of not less than eight (8) feet from any principal building and three (3) feet from the rear lot line; and provided further, that on reversed corner lots no accessory building shall extend toward the street line beyond the required front is feet line of the lot to the rear or nearer than fifteen (15) feet to the street line whichever is the greater. Section 704. R-6 Residential District The R-6 Apartment Residential District is established as a residen- tial district for single-family and multiple -family residences. 704.01 The following uses are permitted in the R-6 Residential District: a. Accessory uses clearly incidental to a permitted use and which will not create a nuisance or a hazard. b. Building or Use, County Building c. Cemeteries d. Churches and other places or worship, including parish houses and Sunday school buildings. e. Single-family dwellings. f. Multi -family dwellings. g. Two-family dwellings. 0 h. Fences. i. Sporting events such as baseball, football, basketball, • track meets and similar games including accessory conces- sions, in accordance with the grounds and facilities conditionally permitted in the district by this ordin- ance. 704.02 The following uses may be permitted upon the approval of the Craven County Board of Adjustment, in accordance with Article XIII of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed special use in order to review the plans for the location and use of all buildings, struc- tures, and open land. The board of adjustment shall evaluate the effect of the special conditional use on the surrounding property and on the traffic capacity of the existing road system. a. Day care facilities and kindergartens operated as an incidental home occupation with an outdoor play area equivalent to at least one hundred (100) square feet per child. b. Hospitals, convalescent and nursing homes or sanitar- iums all of not more than thirty (30) bed capacity not treating contagious diesases and not for the care of epil- eptics or drug or liquor patients; charitable institu- tions which are not of a correctional nature and which are not intended for care of insane or feebleminded pa- tients; all provided that the building or buildings be located not less than thirty (30) feet from any plot line. c. Public utility transformer substations, transmission towers, and water tanks on towers, and telephone central offices but not service or storage yards are permitted as a special use in all districts subject to the con- ditions as specified in Article VIII. Public utility distribution lines shall be permitted as a permitted use in all zoning districts. d. Mobile home parks. 704.03 The following use may be permitted by the Craven County Board of Adjustment, in accordance with Article XIII of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed special use to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed special use on the surrounding property and on the capacity of the existing road system. • a. Planned unit developments subject to conditions of Article VIII of this ordinance. 704.04 Dimensional Requirements: • a. Minimum required lot area for the first dwelling unit or principal permitted use --------- =---------------------------- 6,000 square feet* b. Minimum additional lot area per dwell- ing unit in excess of one unit ----------- 2,000 square feet c. Minimum required mean lot width for the first dwelling unit or principal permitted use---------------------------- 60 feet d. Additional required mean lot width for the second dwelling unit------------- 10 feet e. Additional required mean lot width for each dwelling unit in excess of two------ 5 feet f. Minimum required front yard-------------- 30 feet g. Minimum required side yard at least eight (8) feet on each side of every principal building except any side yard abutting a street shall be at least fifteen (15) feet. is mean Minimum required rear yard twenty (20) percent of the mean lot depth, provided that such rear yard need not exceed thirty (30) feet.. i. Height of buildings. No building shall exceed thirty-five (35) feet in height unless the depth of front and width of side yards required herein shall be increased one (1) foot for each two (2) feet, or fraction thereof, of build- ing height in excess of thirty-five (35) feet. 704.05 Location of accessory buildings: No accessory building shall be erected in any required front or side yard or within fif- teen (15) feet of any street line or within three (3) feet of any lot line not a street line. An accessory building may be located in a rear yard provided it is located a distance not less than eight (8) feet from any principal building and three (3) feet from the rear lot line; and provided fur- ther, that on reversed corner lots no accessory building shall extend toward the street line beyond the required front yard line of the lot to the rear or nearer than firteen (15) feet to the street line whichever is the greater. *Unless otherwise required by the Craven County Health Department. 0 704.06 Supporting commercial uses permitted: In R-6 Residential • Districts an apartment complex under one (1) ownership con- taining at least fifty (50) dwelling units may contain the following commercial uses subject to the further provisions of this subsection. Barber shops Beauty shops Dining rooms, not to exceed fifteen (15) square feet per dwelling unit within the apartment complex Drug stores Dry cleaning collection and distribution stations Dry cleaning establishments, coin -operated, self-service, not to exceed one (1) machine per fifty (50) dwelling units within the apartment complex Gift shops Grocery stores Laundry collection and distribution stations Laundries; self-service, coin -operated, not to exceed one (1) washing machine per five (5) dwelling units within the apartment complex or one (1) clothes dryer per five (5) dwelling units within the apartment complex News stands Tobacco shops Such uses shall be subject to the following requirements: isa. The total floor area of all commercial establishments within the apartment complex shall not exceed five (5) percent of the total floor area of all dwelling units contained in said apartment complex or three thousand (3,000) square feet, whichever is smaller. b. Such uses shall be oriented primarily to serving persons within the apartment complex. C. Such uses have no show window, sign, or other mat- ter advertising commercial uses visible from the outside of such building. d. Location of such uses shall be approved by the Planning Board. Section 705. 0 & I Office and Institutional District The 0 & I Office and Institutional District is established as a dis- trict for office and institutional uses and serves as a transition district between residential districts and districts of higher in- tensity uses. 41 705.01 The following uses are permitted in the 0 & I Office and • Institutional District: a. Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard. b. Agencies and offices rendering specialized services in the professions, finance, real estate and brokerage, including service agencies not involving on -.premises re- tail trade or on -premises services with and to the gen- eral public, nor whole -sale trade on -premises, nor main- tenance of a stock of goods for sale to the general public. c. Apothecary shop operated as a retail use, the primary use of which is for a hospital, clinic, or physicians' offices, provided that said apothecary shop shall sell only drugs, prescription medicines (both ethical and proprietary), medicinal supplies and pharmaceutical products. d. Assembly halls, coliseums, gymnasiums and other similar structures provided such facilities are operated by clubs or other organizations no part of the net earnings of which inures to the benefit of any private person, corporation, or shareholder. e. Banks or savings and loan associations. • f. Churches and other places or worship, including parish houses and Sunday school buildings. g. Colleges, business colleges, trade schools, music con- servatories, dancing schools and similar organizations all without students in residences offering training to specific fields. h. Dwellings, multi -family. i. Dwelling, two-family. j. Finance and loan companies. k. Fuel oil and kerosene for heating purposes in above ground containers provided the same comply with appli- cable codes. 1. Funeral homes, undertaking establishments, embalming, crematoria. m. Gasoline storage, underground, provided the same comply with applicable codes. L� n. Government buildings: buildings uses exclusively by the • federal, state, county, or city government for public purposes. o. Hospitals and sanitariums. p. Accessory retail uses, incidential such as cafeterias, gift or variety shops, soda bars conducted solely for the convenience of employees, patients, patrons, or visitors on the premises wholly within the principal building and without exterior advertising display. q. Laboratories for research and testing. r. Libraries, museums, and art galleries. s. Lodges, fraternal and social organizations provided such facilities are operated by clubs or other organizations, no part of the net earnings of which inures to the bene- fit of any private person, corporation, or shareholder. t. Musical, dramatic and other artistic programs or events. u. Newstands. v. Office buildings: governmental and private office build- ings including professional offices • w. Orphanages and charitable institutions, all provided that no buildings so used shall be within one hundred (100) feet of any plot line. x. Schools. y. Private or public colleges and universities. z. Radio and television stations. 705.02 The following uses may be permitted upon the approval of the Craven County Board of Adjustment, in accordance with Article XIII of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed special use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed special use on the surrounding property and on the traffic capacity of the existing road system. • a. Day care facilities and kindergartens with an outdoor play • area equivalent to at least one hundred (100) square feet per child. b. Grounds and facilities for open air games and sports, country clubs, community centers, branch libraries, and other similar properties operated exclusively for plea- sure, recreation and other social, athletic or educational purposes limited to not more than three hundred (300) participants, including spectators, provided such grounds and facilities are operated by clubs or other organiza- tions, no part of the net earnings of which inures to the benefit of any private person or shareholder. c. Public utility transformer substations, transmission tow- ers, and water tanks on towers, and telephone central offices but not service or storage yards are permitted as a special use in all districts subject to the con- ditions as specified in Artivle VIII. Public utility distribution lines shall be permitted as a permitted use in all zoning districts.' d. Temporary uses subject to appeal to the board of adjustment. 705.03 The following use may be permitted by the Craven County Board of Adjustment, in accordance with Article VIII of this • ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed special use to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed special use on the surrounding property and on the capacity of the existing road system. a. Planned unit developments, subject to conditions of Article VIII of this ordinance. 705.04 Dimensional Requirements: a. Where the principal use is for dwellings in this district the dimensional requirements of the R-6 Residential District shall be observed. , b. Other principal uses. 1. Minimum required front yard ----------------- 15 feet 2. Minimum required side yard. At least eight (8) feet on each side of every principal building except that any side yard abutting a street shall be at least fifteen (15) feet. • 3. Minimum required rear yard ------------------ 15 feet • 4. Height of building. No building shall exceed thirty- five (35) feet in height unless the depth of front and width of side yards required herein shall be in- creased one (1) foot for each two (2) feet, or fraction thereof, of building height in excess of thirty-five (35) feet. 705.05 Location of accessory buildings: No accessory building shall be erected in any required front or side yard or within fif- teen (15) feet of any street line or within three (3) feet of any lot line not a street line. An accessory building may be located in a rear yard provided it is located a distance not less than eight (8) feet from any principal building and three (3) feet from the rear lot line; and provided further that on reversed corner lots no accessory building shall ex- tend toward the street line beyond the required front yard line of the lot to the rear or nearer than fifteen (15) feet to the street line whichever is the greater. Section 706. HB Highway Business District The HB Highway Business District is established as a district for highway oriented business. • 706.01 The following uses are permitted in the HB Highway Business District: a. Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard. b. Agencies and offices rendering specialized services in the professions, finance, real estate and brokerage, including service agencies not involving on -premises re- tail trade or on -premises services with and to the gen- eral public, nor wholesale trade on -premises, nor main- tanance of a stock or goods for sale to the general public. c. Agriculture and horticulture including retail sales. d. Alcohol beverage packaged retail sales. e. Amusement enterprises such as billiards, pool, bowling, theater, when housed in a permanent structure. f. Animal hospitals and kennels provided no animal storage or runs shall be closer than two hundred (200) feet to any residential property line. g. Antiques and gift retail sales. • h. Art supply retail sales. i. Assembly halls, coliseums, gymnasiums and similar struc- tures. • j. Assembly halls, coliseums, gymnasiums and other similar structures provided such facilities are operated by clubs or other organizations no part of the net earnings of which inures to the benefit of any private person, cor- poration, or shareholder. k. Automobile (new and used) and accessory sales. 1. Automobile commercial parking enterprise. M. Automobile repair garages with outside storage of wrecked or inoperable automobiles permitted only for autos actu- ally in process of repair, and such vehicles shall be con- fined from view from a public street by a fence, wall, or evergreen planting at least five (5) feet high. n. Automobile service stations, providing screening for any cars not in operation. o. Automobile washing establishments. p. Bakery shops and confectionaires operating both wholesale and retail business provided such operations are limited to fifteen hundred (1,500) square feet of manufacturing area and to the use of non -smoke producing types of fur- naces. q. Barber, beauty and other personal services. r. Bicycle sale and repair. S. Blueprinting and photostating establishments. t. Bookbindery. u. Book and stationery stores. V. Bottling works for soft drinks. w. Bus passenger stations. x. Bus repair and storage terminals. y. Catering establishments. Z. Churches and other places or worship, including parish houses and Sunday school buildings. aa. Clothing manufacture. bb. Clothing sales. • cc. Colleges, business colleges, trade schools, music con- servatories, dancing schools and similar organizations all without students in residences offering training in specific fields. dd. Contractor's plants or storage yards. is ee. Curb markets. ff. Dairy bars. gg. Department and variety stores. hh. Drive-in or outdoor motion picture show. ii. Drug stores. jj. Dry cleaning pick-up stations. kk. Dry cleaning, pressing and dying plants operated in con- junction with retail service counter provided that not more than 2,000 square feet is devoted to these processes. 11. Exhibitions designed to judge or display the intrinsic ex- cellence of the objects or properties exhibited when sponsored by civic or charitable organizations and when the net proceeds are used clearly for civic or charitable purposes. mm. Farm machinery assembly, repair and sales. • nn. Florist: greenhouses, cultivation facilities and ware- housing for wholesale and related retail trade. oo. Florist, retail. pp. Food processing: for sale at retail on the premises, but excluding the filling and dressing of any flesh or fowl. qq. Food stores (retail only) - grocery, delicatessen, meat and fish --but excluding the killing and dressing of any flesh or fowl. rr. Frozen food lockers. ss. Fuel oil and kerosene for heating purposes in above ground containers provided the same comply with applicable codes. tt. Fuel oil, kerosene or other Class III (National Board of Fire Underwriters) flammable liquids: the incidental sale at retail of same in containers provided the same comply with applicable codes. uu. Funeral homes, undertaking establishments, embalming, crematoria. • vv. Furniture retail sales. ww. Furriers, retail sales. xx. Fur storage. yy. Gasoline storage, underground, provided the same comply • with applicable codes. zz. Gases or liquified petroleum gases in approved portable metal cylinders for storage or sale. aaa. Glass manufacture. bbb. Grounds and facilities for open air games and sports, and other similar properties operated exclusively for pleasure, recreation and other social, athletic or educational purposes limited to not more than 300 participants, including spectators, provided such grounds and facilities are operated by clubs or other organizations, no part of the net earnings of which inure to the benefit of any private person or share- holder. ccc. Grounds and facilities for open air games and sports. ddd. Hardware, applicances, and electrical items retail sale. eee. Hat cleaning and blocking. fff. Ice manufacture storage and sales. • ggg. Accessory retail uses, incidental such as cafeterias, gift or variety shops, soda bars conducted solely for the convenience of employees, patients, patrons or visitors on the premises wholly within the principal building and without exterior advertising display. hhh. Jewelry and watch sales. iii. Laboratories for research and testing. jjj. Laundries: all hand laundries and small power laundries operated in conjunction with a retail service counter on the premises where not more than 2,000 square feet or floor space is devoted to the laundering and finishing processes, provided the total operating capacity of all commercial washing machines shall not exceed 400 pounds and no coal burning or smoke producint equipment is used. kkk. Laundries, steam 111. Launderette service: where individual, family -sized laundry equipment is rented for use by the customer. mmm. Laundry pick-up stations. nnn. Libraries, museums, and art galleries.. • 000. Lock and gunsmiths. • ppp. Lodges, fraternal and social organizations provided such facilities are operated by clubs or other organizations, no part of the net earnings or which inures to the bene- fit of any private person, corporation, or shareholder. qqq. Lumber yards, building materials, storage and sale. rrr. Mobile home sales areas. sss. Mobile home, security purposes, on mobile home sales areas. ttt. Motorcycle sales and repair. uuu. Motels, hotels and motor courts. vvv. Music stores. www. Musical, dramatic and other artistic programs or events. xxx. Newstands. yyy. Office equipment and supplies sales and service. zzz. Opticians and optical supplies sales. • aaaa. Paint retail sales. bbbb. Pawn shops or second hand stores. cccc. Photograph studios and camera supply stores. dddd. Physical culture establishments. eeee. Pet shops, bird stores, texidermists. ffff. Printing, publishing and reproduction establishments. gggg. Public utility service and storage yards. hhhh. Radio, television, retail sales and service. iiii. Radio and television stations. jjjj. Repair and servicing of office and household equipment. kkkk. Restaurants. • 1111. Retail stores not otherwise named on this list including • those conducting incidental light manufacturing or proces- sing of goods above the first floor or in the basement to be sold exclusively on the premises and employing not more than ten (10) operatives. mmmm. Retail stores similar to those otherwise named on this list. nnnn. Roller rinks, dance halls, shooting gallery, and coin - operated amusements as a primary use. 0000. Shoe repair. pppp. Sign manufacture, painting, and maintenance. qqqq. Sign painting, exclusive of manufacture. rrrr. Business signs as permitted in Article XIV, Subsections 1410.03, 1410.05, 1410.06, and 1410.07. ssss. Sporting events such as baseball, football, basketball, track meets, and similar games, including accessory con- cessions, in accordance with the grounds and facilities permitted in the district by this ordinance. • tttt. Sporting good sales. uuuu. Storage, undercover, of goods intended for retail sale on the premises. vvvv. Tailors, dressmakers, milliners. wwww. Taxi stands. xxxx. Theaters, housed in a permanent indoor structure. yyyy. Tire recapping and retreading limited to not more than eighteen molds, none of which shall accommodate a greater tire size than 14:00 x 24, operated in conjunction with a retail sales counter, provided that any buffing machine is enclosed in a fire -proof room equipped with a dust dispenser to substantially eliminate odors and dust, provided that no coal burning or smoke producing equip- ment is used. zzzz. Upholstery, paper hanging and decorator shops. • 706.02 The following uses may be permitted upon the approval of the • Craven County Board of Adjustment, in accordance with Article XIII of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed special use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed special use on the surrounding property and on the traffic capacity of the existing road system. a. Adult uses, such as adult bookstore, adult picture theater, adult mini -picture theater, adult drive-in theater and adult cabaret. b. Circuses, carnivals, fairs, music shows, side shows operated for profit, racing of motor vehicles or animals only when granted by a special use permit. c. Day nurseries and kindergartens with an outdoor play area equivalent to at least 100 square feet per child. d. Public utility transformer substations, transmission towers, and water tanks on towers, and telephone central offices but not service or storage yards are permitted as a con- ditional use in all districts subject to the conditions as specified in Article VIII. Public utility distribution • lines shall be permitted as a permitted use in all zoning districts. e. Temporary uses subject to appeal to the board of adjustment. f. Retail stores not otherwise named on this list including those conducting incidential light manufacturing or processing of goods above the first floor or in the basement to be sold exclusively on the premises and employing not more than ten (10) operatives. 706.03 The following use may be permitted by the Craven County Board of Adjustment, in accordance with Article XIII of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed special use to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the pro- posed special use on the surrounding property and on the capacity of the existing road system. a. Planned shopping centers subject to the conditions of Article VIII of this ordinance. • 706.04 Dimensional Requirements: • a. Minimum required mean lot width per building ------ 75 feet b. Minimum required depth of a front yard shall be thirty (30) feet which shall be developed for sidewalks, grass, living plants and the necessary entrances and exits to driveways. c. Additional front yard regulations. Where lots comprising twenty-five (25) percent or more of frontage on the same street within the block (or within six hundred (600) feet on both sides of the proposed structure, whichever is less) are developed with buildings having front yards with a variation in depth of not more than eight (8) feet, no building or other structure shall be erected, recon- structed, altered, or moved so as to project closer to the right-of-way line of the street or road on which it faces than the average building line established by such buildings. This provisions shall not require a building or structure to set back from the street a greater dis- tance than a) thirty (30) feet or b) the setback line observed by one of the two (2) existing main buildings on immediately adjoining lots (one on either side) which is further removed from the street line. • Where no building line has been thus established the minimum front yard shall be thirty (30) feet. d. Off-street parking shall be permitted in a front yard area, provided that ten (10) feet of the yard area be developed and used as a planted, landscaped buffer strip adjacent to the existing or proposed street. The parking area for the front yard area shall be paved with concrete or asphalt. e. Minimum required side yards. Corner side yards shall be a minimum of twenty (20) feet. Interior side yards shall be a minimum of fifteen (15) feet. f. Minimum required rear yards. All rear yards shall be a minimum of twenty (20) feet. g. Height of buildings. No building shall exceed forty-five (45) feet in height. 706.05 Location of accessory buildings: No accessory building shall be erected in any required front or side yard or within fifteen (15) feet of any street line or within three (3) feet of any lot line not a street line. An accessory building may be located in a rear yard provided it is located a distance of not less than eight (8) feet from any principal building and three (3) feet • from the rear lot line; and provided further, that on reversed corner lots no accessory building shall extend toward the street line beyond the required front yard line of the lot to the rear of nearer than fifteen (15) feet to the street whichever is the greater. 706.06 Additional conditions and standards for the HB highway Business • District: a. The board of adjustment may require that any outdoor use or area or storage area in this district be buffered with living evergreen foliage screening or a combination fence and shrubbery screen. Such a buffer shall have a minimum height of five (5) feet and shall be subject to inspection by the Zoning Officer. b. The board of adjustment may required the dedication of streets, service alleys, and traffic easements to ad- joining property or other such easements as will insure sound growth and development and promote the general health, safety, and welfare. c. Traffic circulation lanes to all off-street parking areas shall meet the following minimum dimensional requirements: 1. One-way travel lanes shall be minimum ten (10) feet wide. 2. Two-way travel lanes shall be minimum twenty (20) feet wide. These lanes shall be exclusive of designated off-street parking areas. • 706.07 Additional parking and traffic circulation standards: a. All access ways, walkways, and parking areas shall be lighted adequately by lighting fixtures which shall be so installed as to protect the street and neighboring properties from direct glare or hazardous interference of any kind. b. Curbs, walls, fences or similar devices shall be located along the perimeter of parking lots, garages, and storage areas, except at entrances and exits indicated in approved parking plans. Such barriers shall be so designed and located as to prevent parked vehicles from extending beyond property lines of parking lots and garages and to protect public rights -of -way and adjoining properties from changing effectf of surface drainage. c. All off-street parking, including exits, entrances, and maneuvering and parking shall: 1. have access to a dedicated street or alley; 2. have asphalt, concrete or all weather surface treated access drives or lanes which are at least ten (10) feet wide for single lane movement and twenty (20) feet wide for double lane movement; • 3. be graded; • 4. be permanently maintained by the owners. d. Off-street parking areas for more than ten (10) vehicles shall be effectively screened on each side which adjoins or faces premises situated in any residential district, or institutional premises by a suitable fence or hedge at least five (5) feet high. Such fence or hedge shall be maintained in good condition. e. All parking lots that are used regularly at least five (5) days per week shall be paved with asphalt or concrete or all weather surface material up to the required driveway. f. All parking facilities shall be so designed that the required access to public streets shall be by forward motion of vehicles exiting the parking facility. Section 707. NSD Neighborhood Shopping District The NSD Neighborhood Shopping District is established as a shopping district containing less than two (2) acres for the use°primarily of the neighborhood in which it it located. 707.01 The following uses are permitted in the NSD Neighborhood Shopping District: • a. Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard. b. Agencies and offices rendering specialized services in the professions, finance, real estate and brokerage, including service agencies not involving on -premises retail trade or on -premises services with and to the general public, nor wholesale trade on -premises, nor maintenance or a stock of goods for sale to the general public. c. Agriculture and horticulture including retail sales. d. Alcohol beverage packaged retail sales. e. Amusement enterprises such as billiards, pool, bowling, theater, when houses in a permanent structure. f. Antiques and gift retail sales. g. Art supply retail sales. h. Automobile service providing screening for any cars not in operation. i. Bakery shops and confectionaries operating both wholesale and retail business provided such operations are limited to 1,500 • square feet of manufacturing area and to the use of non -smoke producing types of furnaces. j. Banks • k. Barber, beauty and other personal services. 1. Bicycle sale and repair. M. Book and stationery stores. n. Catering establishments. o. Churches and other places of worship, including parish houses and Sunday school buildings. p. Clothing sales. q. Curb markets. r. Dairy bars. s. Department and variety stores. t. Drug stores. U. Dry cleaning pick-up stations. v. Dry cleaning, pressing and dying plants operated in conjunction with retail service counter provided that not more than 2,000 • square feet is devoted to these processes. w. Exhibitions designed to judge or display the intrinsic excellence of the objects or properties exhibited when sponsored by civic or charitable organizations and when the net proceeds are used clearly for civic or charitable purposes. x. Finance and loan companies. y. Fish market, retail, including dressing. z. Florist, retail. aa. Food stores (retail only) - grocery, delicatessen, meat and fish --but excluding the killing and dressing of any flesh or fowl. bb. Frozen food lockers. CC. Furniture retail sales. dd. Furriers, retail sales. ee. Fur storage. • ff. Gasoline storage, underground, provided the same comply with applicable codes. gg. Government buildings: buildings used exclusively by the federal, state, county, or city government for public purposes. • hh. Hardware, appliances, and electrical items retail sale. ii. Hat cleaning and blocking. jj. Accessory retail uses, incidential such as cafeterias, gift or variety shops, soda bars conducted solely for the convenience of employees, patients, patrons or visitors on the premises wholly within the principal building and without exterior advertising display. kk. Jewelry and watch sales. 11. Laundries: all hand laundries and small power laundries operated in conjunction with a retail service counter on the premises where not more than 2,000 square feet of floor space is devoted to the laundering and finishing processes, provided the total operating capacity of all commercial washing machines shall not exceed 400 pounds and no coal burning or smoke producing equipment is used. MM. Launderette service: where individual, family -sized laundry equipment is rented for use by the customer. nn. Laundry pick-up stations. • oo. Libraries, museums, and art galleries. pp. Lock and gunsmiths. qq. Lodges, fraternal and social organizations provided such facilities are operated by clubs or other organizations, no part of the net earnings or which unures to the benefit of any private person, corporation or shareholder. rr. Motorcycle sales and repair. ss. Music stores. tt. Musical, dramatic and other artistic programs or events. uu. Newstands. vv. Office buildings: governmental and private office buildings including professional offices. ww. Office equipment and supplies sales and service. xx. Opticians and optical supplies sales. • yy. Paint retail sales. zz. Pawn shops or second hand stores. • • n U aaa. Pet shops and bird stores. bbb. Photograph studios and camera supply stores. ccc. Physical culture establishments. ddd. Printing, publishing and reproduction establishments employing not more than 15 persons. eee. Radio, television, retail sales and service. fff. Radio and television stations. ggg. Repair and servicing of office and household equipment. hhh. Restaurants. iii. Shoe repair. jjj. Sporting good sales. kkk. Storage, undercover of goods intended for retail sale on the premises. 111. Tailors, dressmakers, milliners. mmm. Taxi stands. nnn. Theaters, housed in a permanent indoor structure. 000. Upholstery, paper hanging and decorator shops. 707.02 The following uses may be permitted upon the approval of the Craven County Board of Adjustment in accordance with Article XIII of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed special use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed special use on the surrounding property and on the traffic capacity of the existing road system. a. Public utility transformer substations, transmission towers, and water tanks on towers, and telephone central offices but not service or storage yards are permitted as a conditional use in all districts subject to the conditions as specified in Article VIII. Public utility distribution lines shall be permitted as a permitted use in all zoning districts. 707.03 Dimensional Requirements: a. Maximum permissible lot size. Less than two (2) acres. b. Minimum required mean lot width per structure ------------------------------------- 20 feet • c. Minimum required front yard ------------------- 30 feet d. Minimum required side yards. At least twelve (12) feet on the street side of every principal building. Where a lot sides upon a lot zoned residential or office and institutional there shall be a side yard of at least six (6) feet in width. In all cases where a side yard not required is provided, it shall be at least four (4) feet in width. e. Minimum required rear yard. No rear yard is required except where the rear yard abuts a residential or office and institutional district there shall be a rear yard of fifteen (15) feet. f. Height of buildings. No building shall exceed thirty-five (35) feet in height unless the depth of front and width of side yards required herein shall be increased one (1) foot for each two (2) feet, or fraction thereof, of building height in excess of thirty-five (35) feet. 707.04 Location of accessory buildings: No accessory building shall be erected in any required front or side yard or within fifteen (15) feet of any street line or within three (3) feet of any lot line not a street line. An accessory building may be located in a rear yard provided it is located a distance of not less than • eight (8) feet from any principal building and three (3) feet from the rear lot line, and provided further, that on reversed corner lots no accessory building shall extend toward the street line beyond the required front yard line of the lot to the rear or nearer than fifteen (15) feet to the street line whichever is the greater. Section 708. LI Light Industrial District The LI Light Industrial District is established as a manufacturing district in which there is no outside storage of products. 708.01 The following uses are permitted in the LI Light Industrial District: a. Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard. b. Farmers market. c. Airports and landing fields for rotary wing aircraft. d. Animal hospitals and kennels provided no animal storage or runs shall be closer than 200 feet to any residential property line. e. Appliance distributors for wholesale. • f. Assembly halls, coliseums, gymnasiums and similar structures. g. Assembly of machines and appliances from previously prepared parts. • h. Automobile (new and used) and accessory sales. i. Automobile commercial parking enterprise. j. Automobile repair garages with outside storage of wrecked or inoperable automobiles permitted only for autos actually in process of repair, and such vehicles shall be concealed from view from a public street by a fence, wall, or evergreen planting at least five (5) feet high. k. Automobile service stations, providing screening for any cars not in operation. 1. Automobile washing establishments. M. Automobile and truck assembly. n. Bakeries or baking plants. o. Banks. p. Bedding, carpet and pillow manufacturing, cleaning and renovating. q. Blacksmith or horseshoeing shops. • r. Blueprinting and photostating establishments. S. Bookbindery. t. Bottling works for soft drinks. U. Catering establishments. v. Candy products and manufacture. w. Clothing manufacture. x. Coffee roasting. y. Cold storage plants. z. Drive—in or outdoor motion picture show. aa. Dry cleaning, pressing and dying plants, and related retail service counter. bb. Food processing in wholesale quantities. CC. Feed and seed retail sale. • dd. Fertilizer wholesale sales. ee. Fertilizer retail sales. ff. Florist: greenhouses, cultivation facilities and warehousing for wholesale and related retail trade. • gg. Frozen food lockers. hh. Fuel oil and kerosene for heating purposes in above ground containers provided the same comply with applicable codes. ii. Fur storage. jj. Garbage and waste incinerators. kk. Gasoline storage, underground, provided the same comply with applicable codes. 11. Gases or liquified petroleum gases provided the same comply with applicable codes. mm. Government buildings: buildings uses exclusively by the federal, state,• county, or city government for public purposes. nn. Grounds and facilities for open air games and sports. oo. Hatcheries. pp. Hosiery manufacture. • qq. Ice manufacture storage and sales. rr. Accessory retail uses, incidential such as cafeterias, gift or variety shops, soda bars conducted solely for the convenience of employees, patients, patrons or visitors on the premises wholly within the principal building and without exterior advertising display. ss. Laboratories for research and testing. tt. Laundries, steam. uu. Leather goods manufacture. VV. Light manufacturing or processing not otherwise named herein provided no operations are carried on, or are likely to be carried on, which will create smoke, fumes, noise, odor or dust which will be detrimental to the health, safety or general welfare of the community. ww. Lock and gunsmiths. xx. Machine shops. yy. Meat processing and packing other than slaughter. • zz. Optical and scientific instrument, jewelry and clock, musical instrument manufacture. aaa. Pharmaceutical products manufacture. • bbb. Printing, publishing and reproduction establishments. ccc. Radio and television masts. ddd. Railroad rights -of -way. eee. Repair and servicing of office and household equipment. fff. Sign painting, exclusive of manufacture. ggg. Storage, undercover, of goods intended for retail sale on the premises. hhh. Storage warehouses. iii. Textile manufacture. jjj. Tobacco processing and storage. kkk. Upholstery, paper hanging and decorator shops. 111. Wholesale and jobbing establishments including incidental retail outlets for only such merchandise as is handled at wholesale. mmm. Woodworking shops, mill work. • 708.02 The following uses may be permitted upon the approval of the Craven County Board of Adjustment, in accordance with Article XIII of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in.regard to any proposed special use in order to review the plans for the location and use of all buildings , structures, and open land. The board of adjustment shall evaluate the effect of the proposed special use on the surrounding property and on the traffic capacity of the existing road system. a. Public utility transformer substations, transmission towers, and water tanks on towers and telephone central offices but not service or storage yards are permitted as a conditional use in all districts subject to the conditions as specified in Article VIII. Public utility distribution lines shall be permitted as a permitted use in all zoning districts. b. Reclamation landfills. c. Temporary uses subject to appeal to the board of adjustment. • 708.03 Dimensional Requirements: • a. Minimum required mean lot width --------------- 50 feet b. Minimum required front yard ------------------- 30 feet C. Minimum required side yards. At least twelve (12) feet on one (1) side of every principal building provided that on a corner lot such side yard shall be on the street side. Where a lot sides upon a lot zoned residential or office and institutional there shall be a side yard of at least six (6) feet in width. In all cases where a side yard not required is provided, it shall be at least four (4) feet in width. d. Minimum required rear yard. Five (5) feet is required except where the rear yard abuts upon a residential or office and institutional district, there shall be a rear yard of fifteen (15) feet. e. No building shall exceed forty-five (45) feet in height. 708.04 Location of accessory buildings: No accessory building shall be erected in any required front or side yard. An accessory building may be located in a rear yard provided it is located a distance of not less than eight (8) feet from any principal building and three (3) feet from the rear lot line; and provided further, that on reversed corner lots no accessory building shall • extend toward the street line beyond the required front yard line of the lot to the rear or nearer than fifteen (15) feet to the street whichever is the greater. Section 709. HI Heavy Industrial District The III Heavy Industrial District is established as a manufacturing district in which outside storage of products is permitted. 709.01 The uses permitted in LI Light Industrial District are permitted in the HI Heavy Industrial District. 709:02 In addition to the above mentioned permitted uses, the following uses are also permitted in the III Heavy Industrial District: a. Aggregates, soil, and fill dirt stockpiling and storage. b. Alcohol and alcoholic beverages manufacture. C. Brick, tile, clay pipe and other clay products. d. Bus repair and storage terminals. e. Canvas and burlap products manufacture, sale and storage. • f. Coal or coke yards. • g. Contractor's plants or storage yards. h. Cooperage works. i. Cosmetics and perfume manufacture. j. Dairy products processing, bottling, distribution, and ice cream manufacture, all on a wholesale basis. k. Dye stuff manufacture. 1. Electric light or power generating station. m. Emery cloth or sandpaper manufacture. n. Enameling, japanning, lacquering, or the plating or galvanizing of metals. o. Excelsior and fiber manufacture. p. Farm machinery assembly, repair and sales. q. Fat rendering, production of fats and oils from animal or vegetable products by boiling, provided that not more than 25 percent of the total plot area is covered by the principal • building and all accessory buildings, including any roofed area, and provided that such operations shall be located at least 300 feet distance from any residential district and where such use will not endanger health, sanitation or general public welfare. r. Feed and seed processing. s. Felt manufacture. t. Flammable liquids: handling and storage in bulk, provided the same comply with applicable codes. u. Flour, feed, and seed processing. v. Foundries producing iron and steel products. w. Foundries casting nonferrous metals where conducted wholly within an enclosed structure, except for open air storage and having a total furnace capacity of not more than 1,000 aluminum pounds. x. Glass manufacture. 0 y. Grain elevators. • z. Industrial chemical manufacture except highly corrosive materials. aa. Insulation material manufacture and sale. bb. Lumber yards, building materials, storage and sale. cc. Machine tool manufacture. dd. Metal fabrication plants using plate and structural shapes and including boiler or tank works. ee. Mixing plants for concrete, or paving materials and manufacture of concrete products. ff. Oxygen manufacture and/or storage. gg. Paint and enamel manufacture not employing a boiling process. hh. Paper, pulp, cardboard, and building board manufacture. ii. Planing or saw mills. jj. Plastics manufacture. • kk. Plating works. 11. Plumbing shop and yard. HIM. Potash works. nn. Pottery, porcelain and citreous china manufacture. oo. Poultry dressing for wholesale and related retail activities. pp. Public utility service and storage yards. qq. Railroad car repair and manufacture. rr. Railroad freight yards, terminals or classofication yards. ss. Repair and servicing of industrial equipment machinery, except railroad equipment. tt. Rock crushers. uu. Rodenticide, insecticide and pesticide mixing plants. VV. Sanitary landfill excluding the burning of trash out of doors. • ww. Scrap meterial storage yards. xx. Sheet metal shops. yy. Sign manufacture, painting, and maintenance. • zz. Signs: outdoor advertising signs aaa. Soap, detergent and washing compound manufacture. bbb. Stonecutting, monument manufacture and sales. ccc. Storage warehouses and yards, but not including scrap material storage yards. ddd. Storage yards, but not including scrap material storage yards. eee. Tar and water proofing materials manufacture, treatment and storage. fff. Textile machinery manufacture. ggg. Tire recapping and retreading. hhh. Truck terminals, repair shops, hauling and storage yards. 709.03 Dimensional Requirements: a. Minimum required mean lot width --------------- 50 feet b. Minimum required front yard ------------------- 30 feet • c. Minimum required side yards. At least twelve (12) feet on one (1) side of every principal building provided that on a corner lot such side yard shall be on the street side. Where a lot sides upon a lot zoned residential or office and institutional there shall be a side yard of at least six (6) feet in width. In all cases where a side yard not required is provided, it shall be at least four (4) feet in width. d. Minimum required rear yard. Ten (10) feet is required except where the rear yard abuts upon a residential or office and institutional district there shall be a rear yard of fifteen (15) feet. e. No building shall exceed forty-five (45) feet in height. 709.04 Location of Accessory Buildings: No accessory building shall be erected in any required front or side yard. An accessory building may be located in a rear yard provided it is located a distance of not less than eight (8) feet from any principal building and three (3) feet from the rear lot line; and provided, further, that on reversed corner lots no accessory building shall extend toward the street line beyond the required front yard line of the lot to the rear or nearer than fifteen (15) feet to the street line whichever is the greater. • • 709.05 The following uses may be permitted upon the approval of the Craven County Board of Adjustment, in accordance with Article XIII of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed special use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed special use on the surrounding property and on the traffic capacity of the existing road system. a. Public utility transformer substations, transmission towers, and water tanks on towers, and telephone central offices but not service or storage yards as permitted as a conditional use in all districts subject to the conditions as specified in Article VIII. Public utility distribution lines shall be permitted as a permitted use in all zoning districts. b. Reclamation landfills. c. Temporary uses subject to the appeal to the board of adjustment. d. Heavy industry not otherwise listed provided the board of adjustment finds such industry is similar to other industries in HI Heavy Industrial District. • • ARTICLE VIII • SIGNS Section 800. Intent It is the general intent of this ordinance to prohibit signs of a commercial nature in districts in which commerce is barred; to limit signs in the commercial districts in relation to the intensity of the use of the district and its surroundings; and to control the number, area and location of signs in other districts. Section 800.1 Signs subject to control; exceptions All signs visible from the public rights -of -way shall be erected, maintained and operated in accordance with this ordinance and other relevant controls, unless specifically excepted. Signs not subject to the provisions of this ordinance are listed in 8.3. Section 800.2 Signs not subject to control. The following signs are not subject to the control of this ordinance: a) Signs not exceeding one square foot in area, not of a commercial nature and bearing only property identification numbers and names, post office box numbers and names of occupants of the premises. b) Flags and insignia of any government, when not displayed in • connection with a commercial promotion. c) Legal notices, identification and informational signs and traffic directional signs erected by or on behalf of a governmental body. d) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights. e) Signs directing and guiding traffic on private property, but which bear no advertising matter. Section 800.3 Traffic safety precaution Notwithstanding any other provisions in this code, the following practices in relation to signs are prohibited, in order to preserve the safety of pedestrians and vehicular movement: a) No sign shall be erected so that any part of it intrudes into the sight preservation triangle. b) No sign shall use such words as "stop", "slow," "caution", "danger", or similar admonitions which can be confused with traffic directional signs erected by governmental agencies. c) No sign shall be erected so as by its location, color, nature or message would tend to be confused with or obstruct the view of traffic signals or signs or would tend to be confused with the warning lights of an emergency or public safety vehicle. d) No sign located in any required front setback shall contain flashing lights, except those showing time and temperature information. 0 The Zoning Officer, within six months of the effective date Isof this Chapter, shall make an inventory of all signs which meet the descriptions contained in a), b), c) and d) above. This inventory, which shall include all land with the County's zoning jurisdiction, shall contain the location and description on the sign and the name and address of the owner (s) of the lot on which each sign is located as they appear in the current tax roll. Additionally, for each sign, the Zoning Officer shall note the reasons for his determination that each sign falls under the provisions of this section. Upon completion of the inventory, the Zoning Officer shall notify by registered mail the owner(s) of the lot upon which each sign is located of his determination that such sign falls within the provisions of this section. Such notice shall also include a copy of this section, along with the name and official address of the Zoning Officer. Within two years of the date of the mailing of such notice, each sign shall either be altered in such a way as to remove it from the classes of signs contained in a), b), c) and d), above, or removed. Section 800.4 Prohibited locations for signs. Except where specifically excepted by this ordinance, all signs, includin the supports, frames and embellishments thereto, shall not be located within any required setback area, nor shall any sign be attached, affixed or painted upon any utility poles, islight standard, telephone or telegraph pole, any tree, rock or other natural object. The Zoning Officer, within one year of the effective date of this Chapter, shall make an inventory of all signs which meet the above description. This inventory, which shall include all land within the County's zoning jurisdiction, shall contain the location and description of the sign and the name and address of the owner(s) of the lot on which each sign is located as they appear in the current tax roll. Additionally, for each sign, the Zoning Officer shall note the reasons for his determination that each sign falls under the provisions of this section. Upon completion of the inventory, the Zoning Officer shall notify by registered mail the owner(s) of the lot upon which each sign is located of his determination that such sign falls within the provisions of this section. Such notice shall also include a copy of this section, along with the name and official address of the Zoning Officer. Within five years of the date of the mailing of such notice, each sign shall either be altered in such a way as to comply with the provions of this section or be removed. • • Section 800.5 Restrictions on direct illumination No source of illumination on a sign, such as flood, spotlights, unshielded bulbs, etc., shall be directly visible from any public right-of-way, from any residential district or from adjacent premises. Section 800.6 Zoning Compliance Permit required Before any sign, except those specifically exempted from such a requirement, shall be erected or structurally altered, a zoning compliance permit must be obtained. Section 800.7 Temporary signs not requiring permits The following temporary, unlighted signs may be erected in the manner prescribed without the issuance of a Zoning Compliance Permit: a) Real estate signs. For lots of less than one acre, a single sign on each street frontage may be erected. It shall not exceed ten square feet in area, observe a front setback of ten feet and contain the message that the property is for sale, lease or rent and the name, address and phone number of the agent. For lots of one acre or more in area, such signs may be up to thirty-two square feet in area. • b) Construction sign. A single construction site identification sign shall be permitted. It shall not exceed 32 square feet in area, be located at least 10 feet from the front property line and shall contain in its message identification of the project, its owner and/or developer, arthitect, engineer, land planner, landscape architect, contractor and sub -contractors. Section 800.8 Placement of Outdoor Advertising Signs In districts where outdoor advertising signs are permitted, each sign shall observe the following placement standards: a) the minimum setbacks of the district in which the sign is located shall be observed; b) Notwithstanding a) above, no outdoor advertising sign shall be located within 100 feet of residentially zoned land; c) In districts where there are not minimum setback lines, all freestanding outdoor advertising signs shall observe a minimum front, side and rear setback of 10 feet. d) the minimum horizontal distance between adjacent outdoor advertising signs shall be 300 feet. • ARTICLE IX • REGULATIONS FOR USE DISTRICTS Section 900. Requirements of this Article Minimums The provision of this article shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare and shall apply uniformly to each class or kind of structure or land. Section 901. Other Requirements Not Abrogated - Private Requirements It is not intended by this article to abrogate or annul any easements, covenants, or other agreements between parties imposing greater res- trictions upon the use of buildings or land. Section 902. Requirements of this Article Control When Stricter Where this article imposes greater restrictions upon the use of buildings or land, upon the height of buildings, or required greater lot area and width, greater yards, courts, or open spaces than re- quired by such other provisions of law or ordinance or by such ease- ments, covenants, or agreements, the provisions of this article shall control. Section 903. General Requirements Applicable in All Districts • 903.01 Required yards not to be used by another building, carport or covered parking space: The minimum yards or other open spaces required by this ordinance for each and every build- ing, carport or covered parking shall not be encroached upon or considered as meeting the yard or open space requirements of any other building. 903.02 Relationship of building to lot: Every building hereafter erected, moved, or structurally altered shall be located on a lot and in no case shall there be more than one (1) prin- cipal residential building and its customary accessory build- ings on a lot except as hereinafter provided. 903.03 Street access: No building shall be erected on a lot which does not abut upon a street as defined in subsection 1501.67 provided, that in a planned shopping center, or group hous- ing development a building may be erected on a lot which ad- joins a parking area or other dedicated open space used in common with other lots. 903.04 Reduction of lot and yard prohibited. No yard or lot exist- ing at the time of the passage of this ordinance shall be re- duced in size or area below the minimum requirements set forth herein for the district in which the yards of lots are • located. Yards or lots shall meet at least the minimum re- quirements established by this ordinance. 903.05 Lots of record: • a. Where the owner of a lot of record at the time of the adoption of this ordinance or his successor in title there- to does not own sufficient land to enable him to conform to the dimensional requirements of this ordinance, such lot may be used as a building lot for a single family residence in a district in which residences and permitted; provided, that the lot width and/or lot area are not more than twenty (20) percent below the minimum specified for the districts. In any case where the lot area and/ or lot width are more than twenty (20) percent below the minimum specified for the district or other dimensional requirements cannot be met for such a lot, the board of adjustment shall approve, as a variance, such dimen- sions as shall conform as closely as possible to the required dimensions. b. Any parcel of land or group of contiguous lots under one (1) ownership, which has an area of at least one hundred and eighty (180) percent of the minimum lot area prescribed by this ordinance for the district in which said parcel or group of lots is located, and which has not, since the adoption of this ordinance, been reduced below an area of two hundred (200) percent of such minimum lot area, and is not joined by other land in the same ownership, • may be divided into two (2) lots, neither of which has an area of less than eight -five (85) percent of such required minimum lot area, and each of the two (2) resul- ting lots may be used as a lot for a permitted use in the district; provided that all other regulations for the dis- trict shall be met. The board of adjustment shall not have the authority to permit any variance from the fore- going figure of one hundred and eighty (180) percent, but may permit minor deviations from the resultant minimum,which in their opinion, result in a better utilization of the land for building purposes. 903.06 Lots not served by public water and sewer: Any lot or parcel that is not served by both public water and public sewer or any lot or parcel that is lacking in addition to the other regulations of the district in which said lot or parcel is lo- cated, shall comply with the following dimensional requirements. a. Where any parcel or lot is not served by either public water or sewer, the minimum lot area and lot width of such parcel or lot on which a building may be erected shall be twenty thousand (20,000) square feet and one hundred (100) feet respectively of usable space as de- termined by the Craven County Health Department. • • b. Where a lot or parcel is served by public water but not sewer, or public sewer but not water, a lot or parcel on which a building may be erected shall have a minimum lot area of fifteen thousand (15,000) square feet and a min- imum width of one hundred (100) feet of usable space as determined by the Craven County Health Department. C. Two-family dwellings shall be served by water and sewer facilities as required by Craven County Health Department. d. Multi -family dwellings shall be served by public water and sewer. Section 904. Exceptions and Modifications The dimensional requirements of this ordinance shall be complied with in all respects except that under the specific conditions as outlined in this ordinance the requirements may be waived or modified as stated herein. 904.01 Modifications to front yards in residential districts: The minimum required front yard depths in all residential dis- tricts shall not apply to any lot in any block where lots com- prising at least forty (40) percent or more of the frontage on any one side of the street within the block have been de- veloped with buildings whose front yards have a variation in • depth of not more than eight (8) feet. In such cases no build- ing hereafter erected, moved, or structurally altered shall project beyond the average front yard depth of such buildings provided this regulation shall not be construed as to require a front yard greater in depth than the minimum front yard specified in the schedule of District Regulations for the dis- trict in which such lot is located. Provided further no front yard depth need exceed the average of that provided for the two (2) adjoining buildings, one on either side thereof, if such two (2) adjoining buildings are less than two hundred (200) feet apart. However, no proposed building shall be per- mitted within twenty (20) feet of any street line. Where double frontage lots occur, the required front yard shall be provided on both streets. 904.02 Projections into required yards: Architectural features such as open or enclosed fire escapes, cornices, eaves, steps, gutters, buttresses, outside stairways, balconies, and sim- ilar features, but not porches, may project not more than thirty (30) inches into any required side yard and not more than three (3) feet into any required front yard or any required rear yard. Retaining walls, terraces, fences and other such landscape structures shall be exempt from the yard and building setback requirements of this ordinance, provided that fences and walls shall be subject to the height • limitations for fences and walls as set forth in this or- dinance and provided further that the corner visibility pro- visions of this ordinance shall be observed. 904.03 Height limit exceptions: IDa. Public or semi-public buildings, hospitals, sanitariums, schools and churches or temples, where permitted in a district, may be erected to a height not exceeding ninety- six (96) feet. b. Chimneys, water tanks, or towers, penthouses, scenery lofts, elevator bulkheads, stacks, ornamental towers or spires, wireless or broadcasting towers, or monuments, cupolas, domes, false mansards, parapet walls, and sim- ilar structures, and necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted ordinance. c. Radio, TV transmitting and receiving antennas and towers may be allowed in any zone to a total height not to exceed forty (40) feet. Any tower or antenna exceeding one hundred and forty (140) feet in height will be considered a mast and controlled as such. C� C ARTICLE X • OFF-STREET PARKING AND LOADING REQUIREMENTS Section 1000. Off -Street Parking Requirements There shall be provided, at the time of erection of any building, or at the time any principal building is enlarged or increased in capac- ity by adding dwelling units, guest rooms, seats or floor area, or before conversion from one type of use or occupancy to another, per- manent off-street parking space in the amount specified by this section. Such parking space may be provided in a parking garage or properly graded open space. Parking requirements for any use not specifically listed or implied shall be set by the board of adjustment. 1000..01 Certification of minimum parking requirements: Each applica- tion for a certificate of zoning compliance, building permit or certificate of occupancy submitted to the Zoning Officer as provided for in section 1103 shall include information as to the location and dimensions of off-street parking and loading space and the means of ingress and egress to such space. This information shall be in sufficient detail to en- able the Zoning Officer to determine whether or not the requirements of this section are met. 1000.02 Combination of required parking space: The required parking space for any number of separate uses may be combined in one • (1) lot but the required space assigned to'one (1) use may not be assigned to another use, except that one-half (2) of the parking space required for theaters, or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sundays. 1000.03 Remote parking space: Of the off-street parking space re- quired by this ordinance in any district except a Residential District cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on any land within four hundred (400) feet of the main entrance to such principal use. Churches in existence on present site at the effective date of this ordinance may provide off-street parking within six hundred (600) feet of main entrance for present or future parking needs and in any zone. Said land shall be used for no other purpose so long as no other adequate provisions of parking space meeting the requirements of this ordinance have been made for the principal use. In such cases, the applicant for a permit for the principal use shall submit with this application for a building permit an instrument duly executed and acknowledged, which subjects said land to parking use in connection with the principal use for which it is made available. The applicant shall deposit the necessary fee and upon the issuance of a building permit, the Zoning Officer shall cause said instrument to be registered in the office 0 • of the register of deeds. Any off-street parking space appur- tenant to any use permitted in any residential district shall be provided on the same lot with the use to which it is ap- purtenant. Remote off-street parking space in conjunction with uses in other districts shall not be permitted in a res- idential district, except for remote church parking as pro- vided above. A remote parking lot operated in connection with a business or industrial use may be located in an office and institutional zone on a lot which adjoins a business or industrial zone by a street or alley, provided, however, such lot shall have frontage on the same street as the adjoining property in such business or industrial zone; provided, fur- ther, no portion of such lot located more than two hundred (200) feet from a business or industrial zone shall be used for such purpose. 1000.04 Minimum parking requirements: The number of off-street park- ing spaces required by this section shall be provided on the same lot with the principal use except as provided in sub- section 1000.03 of this section and the required number of off-street parking spaces specified for each use shall be con- sidered as the absolute minimum. In addition a developer shall evaluate his own needs to determine if they are greater than the minimum specified by this ordinance. Business and professional One (1) space per two hundred (200) • offices such as banks, square feet of area where primary savings and loan, real estate, business is routinely conducted ex - lawyers, insurance, govern- cluding such secondary area as stor- mental, etc. age areas, corridors, stairwells, restrooms and intermittantly used meeting rooms or areas. For these secondary areas one (1) parking space shall be required for each em- ployee who works regularly within the said secondary area. Personal service establish- One (1) space per two hundred (200) ments such as barber shop, square feet where primary business beauty shop, shoe repair, is routinely conducted excluding such dry cleaning, washerette, secondary area as storage areas, cor- etc. ridors, stairwells, restrooms and intermittantly used meeting rooms or areas. For these secondary areas one (1) parking space shall be re- quired for each employee who works regularly within the said secondary areas. Restaurants, not drive-in One (1) space for each three (3) seats. • • • Retail stores, not otherwise One (1) space for each two hundred specified. (200) square feet of sales area in the building, plus one (1) space for each two (2) employees in areas used exclusively for storage. Furniture stores. One (1) space for each two hundred (200) square feet of sales floor area below five thousand (5,000) square feet plus one (1) space for each four hundred (400) square feet above five thousand (5,000). Auto sales. Four (4) spaces for each salesman on the largest shift. Service statipn. Four (4) spaces for each grease or wash rack. Drive-in windows Off-street movement land to accomo- date two (2) cars to the front and two (2) cars to the rear of each window. Auto wash. One (1) space for each three (3) employees, plus reservoir space equal to five (5) time the capac- ity of the laundry. Drive-in eating establishments. The provision of parking space equal to ten (10) times the gross floor area in the principal building. Funeral homes or mortuaries. Wholesale establishments. Single and two family residences. Multi -family residences. Dormitories. One (1) space for each three (3) seats in the chapel plus off-street passenger loading accommodation for ten (10) cars. One (1) space for each two (2) em- ployees plus one (1) space for each one hundred (100) square feet of sales area. One (1) space for each dwelling unit. One and one-half (1z) spaces for each dwelling unit. One (1) space for each three (3) beds. Tourist homes and room renting. One (1) space for each guest room. • Home occupations. One (1) off-street space for each • person employed plus sufficient off- street spaces for patrons, not to be in a required front yard. Medical offices and clinics. Four (4) spaces for each doctor, plus one (1) space for each employee. Hospitals. One (1) space for each bed, plus one (1) space for each staff doctor, plus one (1) space for each three (3) employees on the largest shift. Nursing or rest homes. One (1) space for each four (4) beds plus one (1) space for each three (3) employees. Day care centers. Kindergartens, nurseries, elementary and junior high school. Senior high schools, trade • and vocational schools, business and professional schools, colleges and universities. Library, museum, art gallery or other cultural facility. One (1) space for each employee plus one (1) off-street loading space per six (6) children. Three (3) spaces for each classroom plus off-street passenger loading arrangements. Five (5) spaces for each classroom plus off-street passenger loading arrangements. One (1) space for each four hundred (400) square feet of gross floor area for use by the public. Churches in existence on present One (1) space for each ten (10) site at the effective date of fixed seating spaces in the largest this ordinance. assembly area. (Nothing in this ordinance shall be interpreted to require churches to maintain any off-street parking in existence at the effective date of this ordinance.) New churches, auditoriums, coliseums, stadiums, arenas, theathers. Fraternal or social clubs • One (1) space for each five (5) fixed seating spaces in the largest assem- bly area. One (1) space for each two hundred (200) square feet used for assembly or dancing. • Commercial indoor recreation Golf courses, including minature. One (1) space for each two hundred (200) square feet of customer par- ticipation area. Three (3) spaces for each hole. Section 1001. Off -Street Automobile Parking Lot Regulations Where Parking Spaces for Five (5) or More Automobiles are Permitted or Required, the Following Provisions shall be Complied With: 1001.01 Yards: All off-street parking lots shall observe a minimum front yard of not less than five (5) feet and side yard on a corner lot of not less than five (5) feet. Parking lots in residential and office and institutional districts shall have front yards of not less than fifteen (15) feet and side and rear yards of not less than five (5) feet. 1001.02 Landscaping: The required yards shall be set off from the parking area by a curb or bumper not less than six (6) inches or more than two (2) feet high, and such yards shall be planted and maintained in lawn or other appropriate planting, or shall be improved otherwise in keeping with the character of adjacent property, and when adjacent to residential property, natural planting, hedge, or a decorative fence to a height of • at least six (6) feet shall screen the residential property. 1001.03 Lighting: Any lighting shall be so arranged as to direct the light and glare away from streets and adjacent property. 1001.04 Surfacing: All parking lots shall be graded and surfaced with compacted gravel, black top, concrete or other such sur- facing material to insure a dustless surface condition. 1001.05 Drainage: Parking lots shall not drain onto or across public sidewalks, or into adjacent property except into a natural water course or a drainage easement. 1001.06 Markings: Each parking stall shall be marked off and main- tained so as to be distinguishable. 1001.07 Separation of bumper and walkways: In the event any parking stall abuts upon a walkway there shall be a space of three and one-half (3z) feet between the wheel bumper or curb and the edge of the walkway. 1001.08 Entrance and exits: On all corner lots, all vehicular openings shall be located at least twenty (20) feet from the point of intersection of the established street right-of-way lines. No entrance or exit, whether on a corner lot or not, shall • exceed thirty (30) feet in width at the property line or forty (40) feet at the curb line. There shall be a minimum distance • between driveways of twenty-five (25) feet measured along the curb line unless such driveways are less than five (5) feet apart. 1001.09 Internal circulation: Sufficient area shall be provided with- in the property lines of the parking lots, exclusive of required yards, so that all vehicles may enter and leave the lot in a forward motion. Section 1002. Off -Street Loading Where off-street loading space is required under the district regula- tions of a particular district, one or more loading berths or other space shall be provided for standing, loading and unloading operations either inside or outside a building and on the same or adjoining pre- mises with every building or structure erected after the enactment of this ordinance; all to be in accordance with the requirements of the following table. A loading berth shall have minimum plan dimensions of twelve (12) feet by twenty-five (25) feet and fourteen (14) feet overhead clearance. A loading space need not be necessarily a full berth but shall be sufficient to allow normal loading and unloading operations of a kind and magnitude appropriate to the property served thereby. The Zoning Officer shall determine the sufficiency of loading space, but in no case shall the use of such space hinder the free movement of vehicles and pedestrians over a street, sidewalk or • alley. USE CLASSIFICATION SPACE REQUIREMENTS Retail operation, including restaurant and dining facil- ities within hotels and of- fice buildings, with a total usable floor area of twenty thousand (20,000) square feet or more devoted to such pur- poses. Day care centers. One (1) loading berth for every twenty thousand (20,000) square feet of floor area. One (1) loading space (not neces- sarily a full berth) for each six (6) children. Retail operations, and all first A loading space (not necessarily a floor nonresidential uses, with full berth) as defined in this sec - a gross floor area of less than tion next above. twenty thousand (20,000) square feet, and all wholesale and light industrial operations with a gross floor area of less than ten thousand (10,000) square feet. C] • Office buildings and hotels One (1) loading berth for every with a total usable floor area one hundred thousand (100,000) square of one hundred thousand feet of floor area. (100,000) square feet or more devoted to such purposes. Industrial and wholesale Minimum number of loading berths operations with a gross floor required: area of ten thousand (10,000) square feet or over and as follows: 0 - 40,000 square feet .......... 1 40,000 - 100,000 square feet .......... 2 100,000 - 160,000 square feet .......... 3 160,000 - 240,000 square feet .......... 4 240,000 - 320,000 square feet .......... 5 320,000 - 400,000 square feet .......... 6 Each - 90,000 square feet Above - 400,000 square feet ............ 1 Section 1003. New Thoroughfares • New thoroughfares as hereafter delineated and adopted by the Craven Board of County Commissioners and the North Carolina Department of Transporation and Highway Safety shall have the following setback requirements: Major Thoroughfares - 85 feet from center line Minor Thoroughfares - 75 feet from center line Local streets - 60 feet from center line 0 • ARTICLE XI ADMINISTRATION AND ENFORCEMENT Section 1100. Administrative Official The Zoning Officer, appointed by the County Manager, shall administer and enforce this ordinance. He may be provided with the assistance of such other persons as the County Manager may direct. If the building inspector shall find that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violations and specifying the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, altera- tions, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its provisions. Section 1101. Certificate of Zoning Compliance Required No building or other structure shall be erected, moved, added to, or structurally altered or changed in use, nor shall any vacant land or building be placed into use until a certificate of zoning compli- ance=shall have been issued by the building inspector. No certific- ate of zoning compliance shall be issued except in conformity with the provisions of this ordinance except after written order from the board of adjustment. No building permit for the purpose of erection, extension, or alteration of any building shall be issued before an application has been made and a certificate of zoning compliance shall become invalid unless the action authorized by it shall have been commenced within one (1) year of its date of issue. Section 1102. Application for Certificate of Zoning Compliance All applications for a certificate of zoning compliance shall be ac- companied by plans showing dimensions and shape of the parcel to be built upon; the exact sizes, uses and locations on the parcel of buildings already existing if any; and the location and dimensions of any proposed building or alterations. The application shall include such other information as may be necessary to determine conformance with, and provide for the enforcement of this ordinance. A fee of $2.00 shall be charged for the processing of each such application; however, the fee may be waived when an application for a certificate of zoning compliance is made simultaneously with an application for a building permit. 0 • One copy of the plans shall be returned to the applicant by the building inspector, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The second copy of the plans, similarly marked and signed shall be retained by the building inspector. Section 1103. Certificate of Occupancy Required No land shall hereafter be used, occupied, or changed in use, except for bona fide farm purposes, and no building hereafter structurally altered, erected, or moved shall be changed in use for other than bona fide farm purposes, until a certificate of occupancy shall have been issued by the building inspector stating that the building and/ or proposed use complies with the provisions of this ordinance. A similar certificate shall be issued for the purpose of maintaining, renewing, changing , or extending a nonconforming use. All existing nonconforming uses shall apply for a certificate of occupany with- out charge within one (1) year of the effective date of this ordin- ance. A certificate either for the whole or part of a building shall be applied for simultaneously with the application for a certificate of zoning compliance and shall be issued within five (5) days after the erection or alteration of such building or part shall have been completed in conformity with the provisions of this ordinance. A record of all certificates shall be kept on file in the office of the building inspector, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building • erected or altered or in the building or land being used. A fee of $2.00 shall be charged for the issuance of each such certificate. Section 1104. Powers and Limitations of Zoning Officer If the erection, construction, moving, alteration, or use of land as set forth in the application are in conformity with the provisions of this ordinance, the Zoning Officer shall issue a zoning compliance permit, however: a. Issuance of a zoning compliance permit shall in no case be construed as waiving any provision of this ordinance. b. The Zoning Officer is under no circumstances permitted to grant exceptions to the actual meaning of any clause, order, or regulation contained in this ordinance to any person making application to erect, construct, move, alter, or use either buildings, structures or land. c. The Zoning Officer is under no circumstances permitted to make changes to this ordinance or to vary the terms of this ordinance in carrying out his duties. • • d. The Zoning Officer shall issue a permit when the imposed conditions of this ordinance are complied with by the applicant regardless of whether the use of the permit would violate contractual or other arrangements (including, but not by way of limitation, restrictive covenants) amoung the parties. e. If the application for such a permit is not approved, the Zoning Officer shall state in writing the cause for such disapproval. • • ARTICLE XII • FLOOD DAMAGE PREVENTION Section 1200.01 Statement of Purpose It is the purpose of these provisions to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by regulations designed to: a) restrict or prohibit uses which are dangerous to health, safety and property due to flood water or erosion or because of the effect of flood water heights or flood water velocities; b) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; c) control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; d) control filling, grading, dredging and other development which may increase erosion or flood damage; e) prevent or regulate the construction of flood barrier which will unnaturally divert flood waters or which may increase flood hazards to other lands; f) give notice to future owners and occupants of the existence of areas in which flood hazards exist and to protect these persons from securing property rights in areas not suitable for their • projected use. Section 1200.02 Definitions For purposes of this article, the following words or phrases shall have the meanings ascribed to them in Article Definitions, or, for those not contained therein, the commonly accepted dictionary definition. The definitions in this article are based upon the Federal Register, October 26, 1976, Vol.41, Number 207, specifically Part 1909, Subpart A. 1200.02.1 "Area of special flood hazard" is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. 1200.02.2 "Base flood" means the flood having a one percent chance of flooding in any given year. 1200.02.3 "Breakaway walls" mean any type of wall, whether solid or lattice,. and whether constructed of concrete, masonry, wood, metal, plastic, or any other suitable building material which are not part of the structural support of the building and which are so designed as to breakaway, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. 0 1200.02.4 "Development" means any man-made change to improved • or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. 1200.02.5 "Existing mobile home Dark or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads and the construction of streets) is completed before the effective date of the ordinance. 1200.02.6 "Expansion to an existing mobile home park or mobile home subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads or the construction of streets). 1200.02.7 "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland waters; (2) the unusual and rapid accumulation or runoff of • surface waters from any source. 1200.02.8 "Flood Hazard Boundary Map" (FHBM) means an official map of a community, issued by the Federal Insurance Administration, where -the -boundaries .of the areas of special flood hazards have been designated as Zone A. 1200.02.9 "Flood Insurance Rate Map" (FIRM) means an official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 1200.02.10 "Flood Insurance Study" is the official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the Flood Hazard Boundary- Floodway Map and the water surface elevation of the base flood. 1200.02.11 "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. 1200.02.12 "Habitable floor". means any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation activities or a combination thereof. A floor used only for storage purposes is not a "habitable floor." • 1200.02.13 "Mean Sea Level" means the average height of the sea • for all stages of the tide. 1200.02.14 "Mobile home" means a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi -permanent foundation having a measurement of over 32 feet in length and over 8 feet in width. Mobile home shall also mean a double -wide mobile home which is two or more portable manufactured housing units designed for transportation on their own chassis, which connect on site for placement on a temporary or semi -permanent foundation of over 32 feet in length and over 8 feet in width. 1200.02.15 "New construction" means structures for which the start of construction commenced on or after the effective date of this ordinance. 1200.02.16 "New mobile home park or mobile home subdivision" means a parcel or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads and the construction of streets) is completed on or after the effective date of this ordinance. 1200.02.17 "Substantial improvement" means any repair, construc- tion, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, a) before the improvement or repair is started, or b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either a) any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or b) any alteration of a structure listed on the National Reg- ister of Historic Places or a State Inventory of Historic Places. Section 1200.03 Application of these Regulations. The provisions contained in this article apply to all areas of special flood hazard lying within the Craven County zoning jurisdiction. 0 Section 1200.04 Adoption of Flood Insurance Study and Maps • The areas of special flood hazard identified by the Federal Insurance Administration through a scientific and engineering report entitiled "The Flood Insurance Study for Craven County, NO dated , 197 , with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps are hereby adopted by reference and declared to be a part of this ordinance as if they were completely described herein. Revisions to the Study and to the maps shall not become effective and a part of this article until they have been officially approved by the Board of Commissioners as an amendment to this ordinance, as specified in Article 1200.04.1 Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Zoning Officer shall make the necessary interpretation. In making the determination, the Zoning Officer shall apply the criteria contained in Section 2.10 of this ordinance. Section 1200.05 Warning and Disclaimer of Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on • scientific and engineering considerations. Larger floods can and will occur on rare occastions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of Craven County, N.C., or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. Section 1200.06 Zoning Officer Required to Issue Notice Where an application for a permit under the terms of this ordinance would entail the alteration or relocation of the Neuse or Trent River watercourse, the Zoning Officer shall notify, by certified mail, the Secretary of the North Carolina Department of Natural Resources and Community Development, or his designee, and the County Manager of Craven County, North Carolina, of the receipt of him of such an application. A copy of such notices shall be sent by certified mail to the Federal Insurance Administration, Washington DC. • Section 1200.07 Zoning Officer to Record Elevations • The Zoning Officer shall verify, maintain a record of the actual elevation, referenced to mean sea level of: a) the lowest floor (including basement) of all new or substantially improved structures, b) elevations which the new of substantially improved structures have been floodproofed. • Section 1200.08 Floodproofing Requires Certificate by Registered Engineer or Architect The Zoning Officer shall not issue a certificate of occupancy for any building which is required to be floodproofed until he shall have received a certification, verifying that the floodproofing has net NC State Building Code requirements and has been installed to the required elevation. Such certificate shall bear the signature of a registered North Carolina professional engineer or a North Carolina reigstered architect. Section 1200.09 Additional Information Required on Application for Zoning Compliance Permit In addition to the information normally required to be included on an application for a zoning compliance permit, where any portion of the lot involved is included within the areas of special flood hazard, the following additional information shall be shown on such application: a) elevation in relation to mean basement) of all structures; b) elevation in relation to mean structure shall be floodproofed; c) location of all proposed work Boundary Map; sea level, of the lowest floor (including sea level to which any non-residential in relation to the Flood Hazard d) description of the extent to which any watercourse shall be altered or relocated as a result of proposed development; e) calculation of the effect for the proposed action on the elevation of the base flood. Such calculations shall be prepared and certified by a professional engineer registered to practice in North Carolina. Section 1200.10 General Standards In all areas of special flood hazard the following provisions are required: a) all new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; b) all new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; c) all new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; d) all new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; • e) new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and f) on -site disposal systems shall be located to avoid impairment to them or contamination from them during flooding Section 1200.11 Specific Standards In all areas of special flood hazards, the following provisions are required: 1200.11.01 Residential Construction - New consturction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. 1200.11.02 Non-residential construction - New construction or substantial improvement of any commercial, industrial or other non-residential structures shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendent utility and snaitary facilities, be floodproofed so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A professional engineer or architect registered to practice in North Carolina shall certify that the standards • of this subsection are satisfied before the Zoning Officer is empowered to issue a Certificate of Occupancy. Section 1200.12 Mobile Homes a) No mobile home shall be placed in a floodway, except in an existing mobile home part or existing mobile home subdivision. b) All mobile homes shall be anchored to resist flotation, collapse and lateral movement by providing over -the -top and frame ties to ground anchors Specific requirements shall be that: 1) over -the -top ties be provided at each of the four corners of the mobile home; for mobile homes 50 feet or more in length, two additional ties per side at intermediate locations shall be provided; mobile homes less than 50 feet long shall require one additional tie per side; 2) frame ties shall be provided at each corner of the home; mobile homes 50 feet or more in length shall have five additional ties per side in intermediate points; mobile homes less than 50 feet in length require four additional ties per side; 3) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and 4) any additions to the mobile home be similarly anchored. c) For new mobile home parks and subdivisions; for expansions to existing mobile home parks and subdivisions; for existing mobile home parks and subdivisions where the repair, reconstruction or improvement • of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced and for mobile homes not placed in a mobile home park or subdivision require: 1) stands or lots are elevated on compacted fill or on pilings • so that the lowest floor of the mobile home shall be at or above the base flood level; 2) adequate surface drainage and access for a hauler shall be provided; and 3) in the instance of elevation in pilings; (a) lots are large enough to permit steps, (b) piling foundations are placed in stable soil no more than 10 feet apart, and (c) reinforcement is provided for pilings more than six feet above the finished ground level. Section 1200.13 Floodways - located within areas of special flood hazard are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of flood water which carry debris, potential projectiles and erosion potential. Therefore, the following provisions shall apply within the floodways: a) The permitted uses notwithstanding any other provisions of this ordinance shall be: 1) general farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm and other similar agricultural, wildlife and related uses; 2) loading areas, parking areas and totary aircraft ports; 3) lawns, gardens, parking, paly areas and other similar uses; 4) golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, swimming pools, hiking or horseback riding trails, open space and other similar private and public recreational use; 5) streets, bridges, overhead utility lines, creek and storm drainage facilities, • sewage or waste treatment plant outlets, water supply intake structures and other similar public, community or utility uses; 6) temporary facilities (for a specific number of days) such as displays, circuses, carnivals or similar transient amusement enterprises; 7) boat docks, ramps, piers or similar structures; 8) dams b) No applications for uses within the floodway shall be approved unless there is a certification by a professional engineer registered to practice in North Carolina that the use as proposed to be built and operated shall not result in any increase in flood levels during the occurrence of the base flood discharge. The Zoning Officer may require the Engineer to furnish the calculations on which such a certification is based. Section 1200.14 Variances 1200.14.1 Variances, Additional Requirements The Board of Adjustment when it shall have made the findings required to issue a variance as shall impose on all issuances of variances the following conditions in addition to any others it shall find appropriate: a) outside storage of floatable material shall be prohibited; b) flammable, corrosive or explosive material shall be prohibited within the areas of special flood hazard. • • 1200.14.2 Variances, Limitations On. The Board of Adjustment shall not grant variances which would permit: a) establishment within the floodway of uses or construction which would result in any increase in flood level of the base flood; b) establishment within the floodway of any use not listed as a permitted use in subsection 14.10.4; c) establishment of any use within the areas of special flood hazard outside of the floodway that would raise the level of the base flood more than one foot. 1200.14.3 Variances, Special Notices Required Any applicant to whom a variance is granted shall be given written notice that the structure shall be permitted to be built with a lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Section 1200.15 Filing of Flood Boundary and Floodway Maps and Amendments Thereto A certified copy of the Flood Boundary and Floodway Maps shall be filed by the County Manager, upon their approval, with the Clerk of the Craven County Superior Court, the Craven County Register • of Deeds and the North Carolina Environmental Management Commission. Any amendments to the Maps shall be filed in the same manner. • ARTICLE XIII is BOARD OF ADJUSTMENT Section 1300. Creation of Board There shall be and is hereby created a Zoning Board of Adjustment of the County of Craven, hereinafter called the Board of Adjustment. The Board of Adjustment shall share a common membership with the Craven County Planning Board. However, when meetings as the Board of Adjustment, a separate meeting shall be convened with a separate record of attendance and meeting minutes. The functions and duties of the Planning Board and Board of Adjustment shall remain separate and distinct and, in no way or manner, shall the two coincide. The following rules shall apply to the members of the Craven County Board of Adjustment. 1300.01 All members shall be residents of Craven County who shall be appointed by the Craven County Board of Commissioners. 1300.02 All members of the Board of Adjustment shall be appointed for a term of three years and shall be served jointly with the member's term of appointment to.the Planning, In no case, shall a member resign his appointment to the Planning Board with also resigning his appointment to the Board of Adjustment, and vice versa. 1300.03 Vacancies to fill an unexpired term of membership to the • Board of Adjustment shall be filled in the same manner as the original appointment. Any member shall be eligible for reappointment. 1300.04 All members of the board of adjustment shall have equal rights, privileges, and duties in all matters pertaining to zoning regulations within the planning jurisdiction of Craven County. The concurring vote of seven (7) members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of any administrative official charged with enforcement of ordinances, or regulations within the Craven County Planning Area, or to decide in favor of the applicant in any matter upon which it is required to pass under any such ordinance or to grant a variance from the provision of any such ordinance. Section 1301. Powers and Duties of the Board of Adjustment 1301.01 Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this ordinance. • 1301.02 Temporary Uses. To hear and decide applications for temporary • uses and structures as authorized in the ordinance for a purpose that does not otherwise conform to the permitted uses for the district in which such use is proposed to be located; provided that such use or structure shall be of a temporary nature and not involve the erection of permanent buildings. Such use or structure may be authorized by the issuance of a temporary, nontransferable use permit, revokable for cause, for a period not to exceed one (1) year subject to renewal on an annual basis not to exceed three (3) years and provided that at the termination of the period for which the temporary use permit is granted, no evidence shall remain of the temporary use. The procedure for hearing requests for the temporary use permits shall be the same as subsection 1301.03 below. 1301.03 Special Uses. A special use is a use which,under the terms of this ordinance, is allowed on the property involved only after a petition for a permit for the use has been approved by the board of adjustment. Although special uses may be compatible with the permitted uses in a district and are often desirable, they may, nevertheless, have a detrimental effect upon adjacent properties, the neighborhood, or even the community if not properly designed and controlled. Therefore, approval is necessary to insure that special uses will not cause any problems or hazards and will be consistent with the intent of this ordinance. a. Purpose: To grant in particular cases and subject to appropriate • conditions and safeguards permits for special uses as authorized by the zoning ordinance. b. Elibigility: Any person having a freehold interest in land, or possessory interest entitled to exclusive possession; or a contractual interest which may become a freehold interest and which is specifically enforceable may file an application to use such land for one or more of the special uses provided for in this zoning ordinance in the zoning district in which the land is located. C. Application Procedure:- An application for a special use shall be filed with the Zoning Officer on a form prescribed by the Zoning Officer and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in item f herein. Such applications shall be forwarded by the Zoning Officer to the board of adjustment. d. Hearing. Upon receipt in proper form of the application, the board of adjustment shall hold at least one (1) public hearing on the proposed special use. • e. If at any time after a special use permit has been issued, the • board of adjustment finds that the conditions imposed and agreements made have not been or are not being fulfilled by the holder of a special use permit, the permit shall immediately be revoked and the operation of such a use discontinued. Violations of such conditions, when made part of the terms under which the use permit is granted, shall be deemed a violation of the zoning ordinance and punishable under Article XIV thereof. If a special use permit is terminated for any reason, it may be reinstated only after a public hearing is held. f. Standards. No special use shall be granted by the board of adjustment unless such board shall find that satisfactory provision and arrangement have been made concerning the following, where applicable: 1. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or•catastrophe; 2. Off-street parking and loading areas where required, with particular attention to the items in 1 above and the economic, noise, glare, or odor effects of the conditional use on adjoining properties and the properties generally in the district; 3. Refuse and service area, with particular reference to the items • in 1 and 2 above; 4. Utilities, with reference to locations, availability, and compatibility; 5. Screening and buffering with reference to type, dimensions, and character; 6. Signs, of any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; 7. Required yards and other open space and preservation of existing trees and other attractive natural features of the land; 8. General compatibility with adjacent properties and other property in the district. g. The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, of the vehicular movement, of noise or fumes or of the type of physical activity. • • 1301.04 Variances. Conditions Governing Applications; Procedures. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, due to special conditions, a literal enforcement of the provisions of this ordinance would result in undue hardship. A variance from the terms of this ordinance shall not be granted by the board of adjustment unless and until: a. A written application for a variance is submitted demonstrating: 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district; 2. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; 3. That the special conditions and circumstances do not result from the actions of the applicant; 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the • same district; 5. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. b. The public hearing shall be held. Any party may appear in person or by agency or by attorney. C. The board of adjustment shall make findings as to whether requirements of Article XIII, Section 1301.03 f have been met by the applicant for a variance. d. The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will provide for the reasonable use of the land, building, or structure. • e. The board of adjustment shall further make a finding that • the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under Article XIV. Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district. 1301.05 Decision of the Board of Adjustment. In exercising the above mentioned powers, the board of adjustment may so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have powers of the administrative official from whom the appeal is taken. Section 1302. Board of Adjustment Administration • 1302.01 The board of adjustment shall adopt rules of procedure and regulations for the conduct of its affairs. 1302.02 All meetings of the board of adjustment shall be open to the public. 1302.03 The board of adjustment shall keep a record of its meetings, including the vote of each member on every question, a complete summary of the evidence submitted to its, documents submitted to it and all official actions. 1302.04 The board of adjustment shall give notice of matters coming before it by causing public notice to be placed in a newspaper of general circulation in Craven County. The notice shall appear once a week for two consecutive calendar weeks, the first insertion to be not less than 15 days prior to the meeting data. 1302.05 The person acting as Chairman of the board of adjustment is authorized to administer oaths to any witnesses in any matter coming before the board. 1302.06 It shall be the responsibility of the Zoning Officer to notify the parties to the application or appeal of the disposition which the board made of the matter. This notice shall be made by registered mail. • 1302.07 It shall be the responsibility of the Zoning Officer to • issue permits in accordance with the board's action on an appeal or application, if a permit is authorized by the board action. 1302.08 The Zoning Officer shall see to the faithful execution of all portions of the board's actions, including the enforcement of all conditions which may have been attached to the grant of a variance or approval of a special use. 1302.09 An appeal to the board of adjustment from a decision or determination of the Zoning Officer stays all proceedings in furtherance of the decision or determination appealed from, except where the Zoning Officer certified either: a) that in his opinion a stay would cause imminent peril to life and/or property or; b) that because the situation appealed from is transitory in nature and, therefore, and appeal would seriously interfere with enforcement'of the ordinance. In either case, the Zoning Officer shall place in his certificate facts to support his conclusion. Section 1303. Duties of Zoning Officer, Board of Adjustment, Courts, and County Commissioners as to Matters of Appeal • It is the intention of this ordinance that all questions arising in connection with the enforcement of this ordinance shall be presented first to the Zoning Officer and that such questions shall be presented to the board of adjustment only on appeal from the Zoning Officer; and that from the decision of the board of adjustment recourse shall be had to courts as provided by law. It is further the intention of this ordinance that the duties of the county commissioners in connection with the ordinance shall not include the hearing and passing upon disputed questions that may arise in connection with the enforcement thereof, but that the procedure for determining such questions shall be as herein set out in this ordinance, and that the duties of the county commissioners in connection with this ordinance shall be only the duty of considering and passing upon any proposed amendment or repeal of the ordinance as provided by law. 0 • ARTICLE XIV CHANGES, AMENDMENTS, AND GENERAL REGULATIONS Section 1400. Motion to Amend The board of county commissioners or Planning Board may, on its own motion or upon petition by any person within the Zoning jurisdiction of Craven County after public notice and hearing, amend, supplement, change, modify or repeal the regulations herein established or the maps which are a part of this ordinance subject to the rules prescribed in this section. No regulation or map shall be amended, supplemented, changed, modified, or repealed until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. A notice of such public hearing shall be given once a week for two (2) successive calendar weeks in a newspaper of general circulation in Craven County, said notice to be published the first time not less than fifteen (15) days prior to the date fixed for such public hearing. Section 1401. Protest Against Amendments In case of a protest against an amendment, supplement, change, modification or repeal signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change, • or of those immediately adjacent thereto either in the rear thereof or on either side thereof, extending one hundred (100) feet there- from, or of those directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite lots, such amendment shall not become effective except by favorable vote of four -fifths (4/5) of all the members of the board of county commis- sioners. Section 1402. Planning Board Action Every proposed amendment, supplement, change, modification, or re- peal to this ordinance shall follow the administrative procedure set forth below: 1402.01 The applicant shall submit three (3) copies of his proposal to the Director of Planning at least 7 days prior to the date of the Planning Board meeting at which the proposal will first be heard. 1402.02 The Craven County Planning Board shall meet to consider the proposal. 1402.03 Within thirty (30) days after the above meeting, the planning board shall forward one (1) copy of the proposal to the Craven County Board of Commissioners along with their recommendation, • and shall also return one (1) copy of the proposal to the applicant with a copy of their recommendation to the Craven County Board of Commissioners. • 1402.04 Subsequent to receipt of the recommendations of the planning board or the failure of the planning board to make its recom- mendations within thirty (30) days after its meeting this applicant may request the county board of commissioners to hold a public hearing on the proposed amendment and to provide due public notice as required by law. 1402.05 The county board of commissioners shall hold a public hearing to consider the proposal. Such public hearing may be adjourned from time to time or from place to place as the county board of commissioners may deem advisable without further notice. 1402.06 After the completion of said public hearing and after con- sideration of the recommendations of the planning board sub- mitted prior to the public hearing (and such revisions of those recommendations that the planning board may wish to make after the public hearing), the county board of commis- sioners shall take such lawful action as it may deem advi- sable. Section 1403. Effects Upon Outstanding Building Permits Nothing herein contained shall require any change in the plans, con- struction, size of designated use of any building, structure or part • thereof for which a building permit has been granted by the building inspector prior to the time of passage of this ordinance; provided, however, that where construction is not begun under such outstand- ing permit within a period of one hundred and eighty(180) days sub- sequent to the passage of this ordinance or where it has not been prosecuted to completion within eighteen (18) months subsequent to passage of this ordinance, any further construction or use shall be in conformity with the provisions of this ordinance. Section 1404. Interpretation, Purpose and Conflict In interpreting and applying the provisions of this ordinance the regulations shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity, and general welfare. It is not intended by this ordinance to inter- fere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this ordinance shall govern. 0 Section 1405. Validity • If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the valirlity of the remaining portions of this ordinance. The board of county commissioners hereby declares that it would have passed this ordinance and each section, subsection, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Section 1406. Penalty Any person, firm, or corporation who violates the provisions of this, ordinance shall, upon conviction, be guilty of a misdeameanor and shall be fined not exceeding fifty dollars ($50) or imprisoned not exceeding thirty (30) days. r-I LJ u • ARTICLE XV INTERPRETATION AND DEFINITIONS Section 1500. Word Interpretation Except as specifically defined herein, all words used in this ordin- ance have their customary dictionary definitions. For the purpose of this, -ordinance certain words or terms used herein are defined as follows: The word "county" shall mean Craven County, North Carolina. The words "county commissioners" shall mean the Board of County Commissioners of Craven County, North Carolina. The words "planning board" shall mean the Planning Board of Craven County, North Carolina. The word "ordinance" shall mean the "Zoning Ordinance of Craven County, North Carolina". The word "may" is permissive. The word "shall" is mandatory. • The word "lot" includes the words "plot," "parcel," or "tract". The word "building" includes the word "structure". The word "street" includes the words "road" and "highway". The words "used for" shall include the words "intended for". The words "person" and "applicant" include a firm, associa- tion, organization, partnership, corporation, company, trust, and individual, or governmental unit. The words "zoning map" or "Craven County Zoning Map" shall mean the Official Zoning Map of Craven County, North Carolina. Words used in the present tense include the future. Section 1501. Definitions For the purpose of this ordinance the following words shall have the meaning indicated. Words used in the present tense include the fu- ture; the singular number includes the plural and the plural includes the singular. 0 1501.01 Accessory Use or Structure- A use or structure customarily • incidental and subordinate to the principal use of building and located on the same lot with such principal use or building. 1501.02 Accommodation- A part of a building consisting of a room or rooms intended, designed, or used as a residence by an indivi- dual or a single family. 1501.03 Administrative Officer- The official charged with the enforce- ment of the zoning ordinance. Also known as the Zoning Officer. 1501.04 Adult Bookstore -An establishment which has s substantial or significant portion of its stock in tradebooks, magazines or other periodicals and which excludes minors by reason of age. 1501.05 Adult Picture Theater -An enclosed building or portion thereof with a capacity of more than 50 persons used for showing movies, slide shows, closed circuit TV or similar offerings and from which minors are excluded by reason of age. 1501.06 Adult Mini -Picture Theater -An enclosed building or part thereof with a capacity of 50 persons or less used for showing movies, slide shows, closed circuit TV or similar offerings and from which minors are excluded by reason of age. • 1501.07 Adult Drive -In Theater -A drive-in theater for the showing of movies, slide shows, closed circuit TV or similar offerings and from which minors are excluded by reason of age. 1501.08 Adult Cabaret -An establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainments and from which minors are excluded by reason of age. 1501.09 Alley -A public way which affords only a secondary means of access to abutting property and not intended for general traffic circulation. 1501.10 Bona Fide Farm -All land of ten (10) acres or more or less than ten (10) acres when combined with another tract under the same ownership on which agricultural operations are conducted, to include woodland and timberland, cultivation of crops, and the husbandry of livestock, plus the owner's residence and any dwelling units or accessory buildings being used in the farm operation. • 1501.11 Building -Any structure having a roof supported by columns • or by walls and intended for shelter, housing, or enclosure of persons, animals, or chattels. The connection of two (2) buildings by means of an open porch, breezeway, passageway, carport or othersuch open structure, with or without a roof, shall not be deemed to make them one building. 1501.12 Building, Accessory -A detached building subordinate to the main building on a lot and used for purposes customarily in- cidential to the main or principal building and located on the same lot therewith. 1501.13 Building, Principal -A building in which is conducted the principal use of the lot on which said building is located. 1501.14 Building Setback Line -A line establishing the minimum al- lowable distance between the nearest portion of any building, excluding the outermost three (3) feet of any uncovered porches, steps, eaves, gutters, and similar fixtures and the right-of-way of any street when measured perpendicularly thereto. 1501.15 Camp -The term'camp" shall include those organized camp establishments which provide food or lodging accommodations of tents or cabins for groups of children or adults engaged in organized recreational or educational programs. The term • "camp" shall include but shall not be limited to camps with special program emphasis such as horseback riding, conserva- tion, music, and sports. The term"camp" shall not include trailer or mobile home courts, migrant labor camps, travel - trailer parks, and so on. 1501.16 Care Facility (Day) -Any day care center of child care arrange- ment that provides day care for more than five (5) children unrelated to the operator and for which a payment, fee, or grant is received, excluding foster homes, public or private schools which provide a course of grade school instruction to children of public school age, summer day or residence camps, or Bible schools. 1501.17 Care Facility (Family) -A private residence which provides resident service to six or fewer individuals who are not related to the resident family. These individuals are handicapped, aged, disabled, or in the need of adult supervision and are provided services and supervision in accord with their individual needs. This category includes foster or boarding homes for children, group homes and the like. 1501.18 Care Facility (Group) -An establishment licensed by the State of North Carolina which provides resident services to seven or more individuals of whom one or more are unrelated. These • individuals are handicapped, aged or disabled, are undergoing rehabilitation and are provided services to meet their needs. This category includes group homes, half -way homes, and foster homes. • 1501.19 Church -A building or buildings used by persons who regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship. 1501.20 Club or lodge (private) -An establishment operated by a corporation or association of persons for social, recreational, fraternal or charitable purposes, but which is not operated for profit or to render a service which is customarily conducted as a business. 1501.21 Community Water System -A public water supply that serves a community that is not an incorporated municipality. This in- cludes unincorporated communities, subdivisionsand/or mobile home parks having ten (10) or more connections. 1501.22 Community Sewer System -A community sewer system shall mean any sewerage system serving ten (10) or more customers. 1501.23 Conditional or Special Use -Uses of a special nature as to make impractical their predetermination as a principal use in a zoning district. 1501.24 County Government Building, Use or Facility -A use of land and/or buildings by the County of Craven or its subunits for the use and benefit of the citizens of Craven County. This • definition does not include uses such as a repair garage, sanitary landfill, storage yard or like uses, which create substantial noise, dust, odor, smoke or similar noxious effects. Examples of uses falling within the definition, not by way of limitation, include fire and rescue departments, schools, parks, recreational buildings, community centers, office buildings, and recreational facilities. 1501.25 Dwelling Unit -A room or group of rooms forming a single independent habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating by one family; for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, physically separated from any other rooms or dwelling units and containing independent cooking, sanitary and sleeping facilities. Dwelling units may be located in principal residential buildings containing mixed uses, subject to applicable district and other regulations. 1501.26 Dwelling Unit, Single Family -A detached building containing one dwelling unit. 1501.27 Dwelling Unit, Two Family -A detached building containing two dwelling units. is 1501.28 Dwelling Unit, Multi Family -A building containing three or more dwelling units. • 1501.29 Easement -A grant by a property owner of a strip of land for specified purpose and use by the public, a corporation or individuals. 1501.30 Family -One (1) or more individuals occupying a premises and living as a single non-profit housekeeping unit includ- ing domestic servants, provided that a group of five (5) or more persons who are not related by blood or marriage shall not be deemed to constitute a family. 1501.31 Croup Development -A group of two (2) or more principal structures built on a single lot, tract or parcel of land not subdivided into the customary streets and lots and which may not be subdivided, and designed for occupancy by separ- ate families, businesses or other enterprises. Examples would be: cluster -type subdivisions, school and hospital campuses, shopping centers, and industrial parks. 1501.32 Home Occupation -An accessory use of a dwelling unit conducted entirely within the dwelling unit, carried on solely.by members of the resident family and no more than one non- resident employee. The use must be clearly subordinate and incidental to the use of the dwelling unit for residential purposes. • 1501.33 Hotel, Motel, Motor Lodge, Motor Inn, Inn, Tourist Court - A building or group of attached or detached buildings containing in combination ten or more lodging units, or ten or more dwelling units intended primarily for rental or lease to transients by the day or week, as distinguished from multi -family dwellings, rooming houses and residential hotels in which rentals and leases are for weekly or longer periods and occupancy is generally by residents rather than transients. 1501.34 Hotel, Residential -A building or group of attached or detached buildings containing in combination ten or more lodging units available for occupancy only for periods of 30 days or longer; provided, however, that temporary lodging units for guests of regular tenants may be provided in any residential hotel with number of such units limited to ten percent of the number of tenant lodging units. 1501.35 Lodging Unit -A room or group of rooms connected together, constituting a separate lodging for one family only, physically separated from any other rooms or dwellings or lodging units. Where two or more rooms are connected by a doorway or doorways, and arranged, equipped and furnished in such a manner that they might reasonably be rented, leased or occupied, either individually or in combination, each room shall be construed as a lodging unit. • 1501.36 Lot -A parcel of land in single ownership occupied or • intended for occupancy by a principal building together with its accessory buildings including the open space required under this ordinance. For the purpose of this ordinance, the word "lot" shall mean any number of continguous lots or por- tions thereof upon which one (1) principal building and its accessory buildings are located or are intended to be located. 1501.37 Lot, Corner -A lot which occupies the interior angle at the intersection of two (2) street lines which make an angle of more than forty-five (45) degrees and less than one hun- dred thirty-five (135) degrees with each other. The street line forming the least frontage shall be deemed the front of the lot except where the two (2) streets lines are equal, in which case the owner shall be required to specify same when requesting a building permit. 1501.38 Lot Depth -The mean horizontal distance between front and rear lot lines. 1501.39 Lot of Record -A lot which is a part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds of Craven County or a lot described by metes and bounds, the description of which has been so recorded. • OR Lot, Zoning -A legally subdivided lot shown on a legally recorded plat and of sufficient area and dimensions to meet district requirements for area, width and use, and to provide such yards and other open spaces as are required. A zoning lot may consist of combinations of legally subdivided and legally recorded adjacent individual lots, and/or portions of such lots, provided, however, that except as provided below, in no case of division or combination shall a residual lot, portion of lot, or parcel be created which does not meet the requirements of this ordinance and the subdivision regulations. In cases where authorities enpowered to exercise eminent domain, by purchase or condemnation, create residual lots of lesser area, width or a combination thereof than required in the district, such lots shall be construed to be nonconforming lots. (Note: While the lot of record is the standard means to protect substandard lots from undue hardships in the literal enforcement of the Ordinance, the second definition of Zoning Lot attempts to tie the Subdivision Regulations and Zoning Ordinance together for a more cohesive enforcement program. Either would provide adequate protection to a property owner. The latter, however, provides for more coordination and control.) • 1501.40 Lot Width -The distance between side lot lines measured at the • building setback line. 1501.41 Mobile Home -A portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi -permanent foundation having a measurement of over 32 feet in length and over 8 feet in width. Mobile home shall also mean a double -wide mobile home which is two or more portable manufactured housing units designed for transportation on their own chassis, which connect on site for placement on a temporary or semi -permanent foundation of over 32 feet in length and over 8 feet in width. 1501.42 Mobile Home Park -Any plot of ground upon which four (4) or more mobile homes occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation. 1501.43 Mobile Home Space -Any parcel of ground within a mobile home park, designated for the exclusive use of one (1) mobile home. 1501.44 Mobile Home Subdivision -A subdivision designed and intended primarily for sale of lots for residential occupancy by mobile homes. 1501.45 Modular Home -Any building of closed construction which is • made or assembled in manufacturing facilities on or off the building site for installation or assembly and installation on the building site other than mobile homes or recreational vehi- cles. Modular buildings shall comply with all codes applicable to residential.construction. 1501.46 Nonconforming Building -A building which is situated on a lot in such a manner that it does not meet the requirements of the zoning district. 1501.47 Nonconforming Lot -A legally subdivided lot shown on a legally recorded plat, existing at the time regulations were passed requiring greater minimum width or area than provided on such lot, or establishing other limitation which such lot does not meet. Such lots may be considered substandard lots of record. Lot, Nonlegal for Zoning Purposes -A lot which is neither a zoning lot nor a nonconforming lot. No such lot shall be used or occupied until it is made to conform to the requirements of this ordinance and other applicable regulations. (Note: This definition would reinforce the nonconforming lot definition if the notion of the Zoning Lot is used.) 1501.48 Nonconforming Use -A legal use of a building and/or land that • antedates the adoption of these regulations and does not con- form to the regulations for the zone in which it is located. 1501.49 Open Space -The yard space of a lot which is established by and between the street, or the lot lines, and the required setback line and which shall be open, unoccupied and unobstructed by any structure or part thereof from the ground to the sky, except as otherwise provided by this ordinance. 1501.50 Parking Space -A graded and surfaced area of not less than two hundred (200) square feet in area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley. 1501.51 Parks -The term "park" shall include those areas developed for both passive and active recreational activities. The development shall include but shall not be limited to walk- ways, benches, open fields, multi -use courts, swimming and wading pools, amphitheaters, etc. The term "park" shall also include those areas associated with history, tradition, or cultural heritage of national, state, or local interest. The term "park" shall not include zoos, travel -trailer parks, amusement parks, and so on. • 1501.52 Planned Unit Development -A land development project planned as an entity by means of a unitary site plan which permits flexibility in building site, mixtures in building types and land uses, usable open space, and the preservation of sig- nificant natural features. 1501.53 Public Water Supply -Any water supply furnishing potable water to ten (10) or more residences or businesses or combination of businesses of residences. Approval by the Division of Health Services, Department of Human Resources is required. 1501.54 Public Sewage Disposal System -A system serving two (2) or more dwelling units and approved by the Craven County Health Department and the North Carolina Department of Water and Air Resources. 1501.55 Service Station -An establishment where gasoline, diesel fuel, grease, oil, batteries, tires and automobile accessories may be dispersed and supplied at retail and where, in addition, the following services may be rendered and sales made, and no other: LJ a) sale and serving of spark plugs, batteries and distributors is and ignition system parts; b) tire servicing and repair, but not recapping or regrooving; c) replacement of mufflers, tail pipes, water hose, fan belts, brake fluid, light bulbs, windshield wipers and blades, grease retainers, wheel bearings and the like; d) radiator cleaning, flushing and fluid replacement; e) washing and polishing and sale of automotive washing and polishing -supplies; f) greasing and lubrication; g) providing and repairing of fuel pumps, oil pumps and lines; h) minor adjustment and repair of carburetors; i) emergency repair of wiring; j) adjusting and repairing of brakes; k) minor motor adjustments not involving removal of the head or crankcase; 1) sales'of beverages, packaged foods, tobacco products and similar convenience goods for customers, as accessory and incidential to the principal operations; m) provision of road maps and other travel information to customers; n) provision of rest room facilities; A service station is not a repair garage nor a body shop. Uses permissable at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles • or trucks not in operating condition or other operations involving noise, glare, smoke fumes or other characteristics to an extent greater than normally found in service stations. 1501.56 Shopping Center -A group of commercial establishments, planned, developed, owned, and managed as a unit, with off-street parking provided on the property and related in its location, size, and types of shops to the trade area which the units serve. 1501.57 Sign -Any device designed to inform or attract attention of persons not on the premises on which the device is located. 1501.58 Signs, Number and Surface Area -For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered a single sign. 0 The surface area of a sign shall be computed as including the • entire area, within a regular geometric form or combination of forms comprising all the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of sign area. 1501.59 Sign, on -site -A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises. On -site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business. 1501.60 Sign, off -site -A sign other than an on -site sign above. 1501.61 Outdoor Advertising Industry -The provision of outdoor displays or display space on a lease or rental basis. 1501.62 Sign•, Outdoor Advertising -A sign erected by the outdoor advertising industry and relating in its subject matter to a business, service, commodity, accommodation, attraction or other activity conducted, sold, offered at a location other than the premises on which the sign is located. 1501.63 Sign, Temporary -A sign permitted for a period not exceed- ing twelve (12) months including for sale, for rent, con- struction company name, subcontractor's name, and architect's name. 1501.64 Special Use -A use which would not be appropriate generally or without special study throughout the Zoning District but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety and general welfare. Such uses, which are listed as special uses in the District regulations, may be installed and operated only after approval has been granted subject to the general and specific standards applicable to that use. 1501.65 Story -That portion of a principal building included between the surface of any floor and the surface of the next floor above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story. 1501.66 Story, Half -A story which is situated in a sloping roof, the floor area of which does not exceed 2/3 of the floor area of the story immediately below it, and which does not contain an independent dwelling unit. • 1501.67 Street -A dedicated and accepted -public right-of-way for • vehicular traffic which affords the principal means of access to abutting properties. 1501.68 Structure -Anything constructed or erected, including but not limited to buildings which requires permanent location on the ground or which is attached to something having permanent location on the ground. 1501.69 Travel Trailer -A vehicular portable structure designed as a temporary dwelling for travel, recreation, or vacation uses. 1501.30 Travel Trailer Park -A parcel of land designed and equipped to accommodate travel trailers for short periods of time. 1501.71 Use, Principal -The primary use and chief purpose for which a lot is used. 1501.72 Variance -A relaxation of the terms of this ordinance where such variance will not be contrary to the public interest, and, where, owing to conditions peculiar to the property and not the result of actions or the situation,of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. A variance is authorized only for the dimensional controls of this ordinance; establishment or expansion of a use otherwise prohibited shall not be permitted by a variance. 1501.73 Water System, Public -Water systems serving ten (10) or more connections are classified as public water supplies by state law, and plans and specifications must be approved by the Sanitary Engineering Division of the State Board of Health. (Water supply systems serving from two (2) to nine (9) connections inclusive may be regulated by the County Board of Health, and plans should be approved by the County Health Department.) 1501.74 Yard -A space on the same lot with a principal building, open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted. 1501.75 Yard, Front -An open unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street and the front line of the building, projected to the side lines of the lot. C� 1501.76 Yard, Rear -An open, unoccupied space on the same lot with • a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. 1501.77 Yard, Side -An open, unoccupied space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard. 11 • • ARTICLE XVI VIOLATIONS AND PENALTIES Section 1600.01 Violations Whenever, by the provisions of this ordinance, the performance of any act if required, or the performance of any act is prohibited, or whenever any regulation, dimension or limitation is imposed on the use of any land, or on the erection or alteration or the use or change or use of a structure, or the uses within such structure, a failure to comply with such provisions of this ordinance shall constitute a violation of this ordinance. Every day on which a violation exists shall constitute a separate violation and a separate offense. Section 1600.02 Penalties Any person who violates this ordinance shall be guilty of a misdeameanor and shall be punished as provided in G.S. 14-4. Section 1600.03 Remedies If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this ordinance, the Zoning Officer, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, • alteration, repair, conversion, maintenance or use, to restrain, correct or abate the violation, to prevent occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises. • • ARTICLE XVII LEGAL STATUS PROVISIONS AND EFFECTIVE DATE Section 1700.01 Severability It is the legislative intent of the Board of Commissioners in adopting this ordinance that all provisions and sections thereof shall be liberally construed to protect and preserve the peace, health, safety and general welfare of the inhabitants of the Craven County zoning jurisdiction and further, that should any provision, portion, section, or subsection of this chapter be held to be unconstitutional or invalid, such holdings shall not be construed as affecting the validity of any of the remaining provisions, portions, sections or subsections; it being the intent of the Board of County Commissioners that this ordinance shall stand, notwith- standing the invalidity of any provision, or section or part thereof. Section 1700.02 Conflict with other Laws When provisions of this ordinance require a greater width or size of yards or courts, or require a lower height of a building or fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, provisions of this ordinance shall govern. When the provisions of any other statute or local ordinance or regulation require a greater width or size of yards or courts, or require a lower height of a building of a fewer number • of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards that are required by the provisions made by this ordinance, the provisions of that statute or local ordinance or regulation shall govern. 0