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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.
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3 1989
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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.
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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
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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.
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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:
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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.
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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.
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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;
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• 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.
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• 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.
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• 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:
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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.
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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.
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