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HomeMy WebLinkAboutU.S. Highway 70 Corridor Zoning Ordinance Draft-1995��I��IIIIIYI�I�YW�aIYYYYI/YL1■Y�I�II�IM�I�IIYIIIIIWI�1r1�1�1�m ul uu Ind � I � - � .. . I/MI��IIY.rYY111.11��YMIIgYIIYYIMII�Y.YY�YY1Y.YlYr1Y�lYY��IIrYY1�rIMYII IYIiIIII�11���lir�I11�II��YY��IrII�YIViyYll III YIIIII III II YII II11111 II i � I I I I 1 ' � 4 l � , 1 O I i I " I 1 i I i I II , I I II I I I I r. -•��� CM ..... , CM LE L E IL I-L --a'L=� CM' - CM � � Q � RI HDR FOR R © R 'I I I o CM i i ' I R j ' I I f I , I I R RESIDENTIAL „ I I , D HDR F IGH DENSITY RESIDENTIAL III CRAVEN COUNTY I CM COMMERCIAL MANUFACTURING U.S. 70 CORRIDOR • ZONING DISTRICT BOUNDARY OFFICIAL ZONING MAP I SCALE 1 1,750' ' ' I I 1 I I I I The preparation of this map was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. I 1 " DRAFT AUGUST, 1995 CRAVEN COUNTY, NORTH C A !ROLINA U.S. HIGHWAY 70 CORRIDOR ZONING ORDINANCE DCM COPY DO NOT REMOVE Holland Consulting Planners, Inc. Wilmington, North Carolina The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. DRAFT AUGUST, 1995 CRAVEN COUNTY, NORTH CAROLINA U.S. HIGHWAY 70 CORRIDOR ZONING ORDINANCE Holland Consulting Planners, Inc. Wilmington, North Carolina The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. TABLE OF CONTENTS U.S. HIGHWAY 70 CORRIDOR ZONING ORDINANCE OF CRAVEN COUNTY, NORTH CAROLINA Page ARTICLE I: PURPOSE; APPLICABILITY; RULES OF CONSTRUCTION 1.1 Title.......................................1 1.2 Authority and Purpose ........................................ 1 1.3 Jurisdiction ................................................ 1 1.4 Division of the County into Zoning Districts; Official Zoning Maps ......... 2 1.5 Clarification of Areas Under Water, and of Other Areas Not Elsewhere Classified ......................................... 3 1.6 District Regulations; Purposes and Matter Regulated; Application of Regulations; Schedule of District Regulations ............. 3 1.7 Exceptions to Applicability ..................................... 5 1.8 Relation to Other Ordinances ................................... 5 1.9 Relation of This Article to Any Pending Actions ...................... 6 1.10 Separability ................................................ 6 1.11 Effective Date ............................................... 6 1.12 Procedures for Establishing a Vested Right ......................... 6 1.13 General Rules of Construction .................................. 7 1.14 Fractional Requirements ...................................... 7 ARTICLE II: DEFINITIONS 2.1 Definitions ................................................. 8 ARTICLE III: SCHEDULE OF DISTRICT REGULATIONS ' 3.1 Residential...............................................18 3.2 High Density Residential ..................................... 22 3.3 Commercial..............................................27 ' 3.4 Overlay Districts ........................................... 32 3.5 ED - Economic Development District ............................. 32 ' ARTICLE IV: DEVELOPMENT STANDARDS ' 4.1 Off -Street Parking and Loading Space ........................... 35 4.1.1 Statement of Intent ......................................... 35 Page 4.1.2 Off -Street Parking and Loading Space and Plans Required ............ 35 4.1.3 Minimum Off -Street Loading Space Requirements ................... 36 4.1.4 Satellite and Cooperative Parking ............................... 36 4.1.5 Design Standards .......................................... 37 4.1.6 Spaces for the Disabled ...................................... 38 4.1.7 Parking Decks and Parking Garages ............................. 38 4.1.8 Number of Spaces Required .................................. 38 4.2 Signs...................................................41 4.2.1. Statement of Intent ......................................... 41 4.2.2 Sign Illumination ........................................... 41 4.2.3 Unsafe Signs ............................................. 41 4.2.4 Permit Required ........................................... 41 4.2.5 Prohibited Signs ........................................... 42 4.2.6 Signs Permitted in Any District ................................. 43 4.2.7 Types of Signs ............................................ 46 4.2.8 Off -Premises Signs ......................................... 47 4.2.9 Computation of Sign Area for Other Than Outdoor Advertising Structures .. 48 4.2.10 On -Premises Signs ......................................... 49 4.3 Planned Unit Developments (P.U.D.); Plats of Same .................. 50 4.3.1 Application. ...............................................50 4.3.2 General Requirements . ...................................... 50 4.3.3 Design Standards .......................................... 51 4.3.4 Elements of the PUD Plat. .......... ........................ 53 4.3.5 Special Requirements ........................................ 53 4.3.6 Minor Modifications .......................................... 54 4.3.7 All Subdivision Ordinance Requirements to be Met ................... 54 4.3.8 Time Extensions ............................................ 54 4.4 Performance Standards ...................................... 54 4.4.1 Applicability...............................................54 4.5. Fence and/or Wall Requirements ............................... 54 4.5.1 Permitted Types of Fences ................................... 54 4.5.2 Prohibited Types of Fences ................................... 54 4.5.3 Required Maintenance ....................................... 55 4.5.4 Height..................................................55 4.5.5 General Fence Requirements .................................. 55 ARTICLE V: NONCONFORMING SITUATIONS 5.1 General.................................................57 5.2 Definitions ................................................ 57 5.3 Completion of Nonconforming Projects ........................... 57 5.4 Extension or Enlargement of Nonconforming Situations ............... 58 5.5 Change in Kind of Nonconforming Use ........................... 59 5.6 Abandonment and Discontinuance of Non -conforming Situations ......... 60 2 I ARTICLE VI: ADMINISTRATION AND ENFORCEMENT Page ' 6.1 Administration and Enforcement ................................ 61 6.2 Building Permit Requirements .................................. 61 ' 6.3 6.4 Application for Building Permit ............................... Expiration of Building Permit . 61 62 6.5 Building Permit for New or Altered Uses .......................... 62 ' 6.6 6.7 Construction and Use to be as Stated on Building Permits ............. Right of Appeal 62 62 6.8 Certificate of Occupancy ..................................... 63 6.9 Duties of Building Inspector, Board of Adjustment, Courts and County Commissioners as to Matters of Appeal .. 63 ARTICLE VII: AMENDMENTS ' 7.1 Amending the Ordinance ..................................... 64 7.2 Action by the Planning Board 65 7.3 Action by the County Commissioners ............................ 65 ' 7.4 Resubmission of a Denied Petition .............................. 65 ' ARTICLE VIII: BOARD OF ADJUSTMENT 8.1 Creating the Board of Adjustment ............................... 66 ' 8.2 Meetings.................................................66 8.3 Filing and Notice for an Appeal ................................ 66 8.4 Powers and Duties ......................................... 67 ' 8.5 Appeal from the Board of Adjustment ............................ 68 I ARTICLE IX: LEGAL PROVISIONS ' 9.1 9.2 Provisions of Ordinance Declared to be Minimum Requirements .. Complaints Regarding Violations ............................... 69 69 9.3 Penalties for Violation ....................................... 69 ' 9.4 9.5 Approval of the Craven County Health Department .................. Separability Clause 70 70 9.6 Effective Date ............................................. 70 I ARTICLE I: PURPOSE; APPLICABILITY; RULES OF CONSTRUCTION ' 1.1 Title. ' These regulations shall be cited as the U.S. Highway 70 Corridor Zoning Ordinance of Craven County, North Carolina. ' 1.2 Authority and Purpose. These regulations are adopted pursuant to the authority granted to Craven County ' by Chapter 153A, Article 18, of the General Statutes of North Carolina, in order to carry out the purposes listed below. ' A. These zoning regulations have been 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 and economic provision of transportation, water, sewerage, schools, parks and other public facilities ' and services. B. The zoning districts and maps have been made with due consideration of future growth, development, and change in land development according to objectives expressed in the most recently adopted Land Use Plan or more detailed plans or policies for the development of the county, as well as with ' due consideration of existing development and uses of land within Craven County. ' C. These regulations and districts represent reasonable consideration of the character of the districts and their peculiar suitability for particular uses of ' land and have been enacted with a view to preserving the existing environment and/or assuring the development of a future environment that realizes the greatest possible use and enjoyment of land on individual ' properties. This purpose is balanced against the necessary protection of the values of buildings and land and the use and enjoyment of land on adjacent properties, and with the objective of promoting and protecting the ' public welfare through the regulations of land use and the process of land development. ' 1.3. Jurisdiction. These regulations govern the development and use of all land, waters, and ' structures in the U.S. Highway 70 corridor which is identified on the U.S. Highway 70 Corridor Zoning Map. No building, structure, or land shall be used or occupied, or no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, ' enlarged, or structurally altered, unless in conformity with all the provisions of these regulations and other applicable regulations, except as otherwise provided by these regulations. The regulations shall not apply to bona fide farms except that non -farm uses on farms are regulated herein. 1.4 Division of the County into Zoning Districts, Official Zoning Maps. The U.S. Highway 70 Corridor is hereby designated in zoning districts. The Zoning districts are shown on the official U.S. Highway 70 Corridor Zoning Map of Craven County which is a part of this ordinance. The official zoning map may consist of one or more map sheets. The original reproducible map or map sheets comprising the official zoning map as well as any successor maps shall be signed by the County Manager and attested by the Clerk to the Board of County Commissioners. In the event of amendment of any Zoning district boundaries set forth on the official zoning map, the change shall be certified by the County Manager and attested by the Clerk to the Board of County Commissioners with a note as to the amending ordinance number, the date of amendment, and the nature of the change. A. Rules for Interpreting District Boundaries. Where uncertainty exists with respect to the boundaries of the districts as shown on the official zoning map, the following rules shall apply: 1. Where district boundaries are indicated as following the center lines of streets, highways, or alleys, such center lines shall be construed to be such boundaries. 2. Where district boundaries are indicated as approximately parallel to the center lines of streets or highways, such district boundaries shall be construed as being parallel thereto, and at such distance therefrom as indicated on the official zoning map. If no distance is indicated specifically on the zoning map, the scale of the map shall determine. 3. Where district boundaries run to, but do not extend into water areas, and no separate Zoning district is shown over such waters and their minor land areas, they shall be considered to run into such water areas in a straight line, continuing the prevailing direction of the boundary as it approaches water, until they intersect other district boundaries or the jurisdictional limits. Boundaries which run through water courses, lakes, and other water areas, shall be assumed to be located midway in such water areas, unless otherwise indicated. 4. Where district boundaries are indicated as following platted lot lines, the lot lines shall be construed to be the district boundaries. ' 5. Where district boundaries divide platted lots or cross unsubdivided property, and where no specific dimensions are indicated on the official zoning map, the scale of the official zoning map shall control. ' 6. Where the street or property layout, or other physical features existing on the ground, are at variance with the official zoning map, ' or where other uncertainties exist as to interpretation of the official zoning map, upon receipt of a written report from the Planning Board, the Board of Adjustment shall interpret the map in such a ' manner as to carry out the intent and purposes of this article. ' 1.5 Clarification of Areas Under Water, and of Other Areas Not Elsewhere Classified. All areas within the jurisdiction of the County which are under water and are not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water in a ' straight line until they meet the boundaries of another district or the jurisdictional limit. All lands within the jurisdiction of Craven County which are not under water and ' are not shown as included within the limits of any district shall be considered to be in the Residential District, until otherwise classified by amendment to this article. I 1.6 District Regulations: Purposes and Matter Regulated: Application of Regulations: Schedule of District Regulations. ' A. Purposes. The regulations and restrictions herein prescribed are in furtherance of the general purposes set forth in Section 1.2 and have the specific objectives of: ' 1. Reducing, or eliminating, elements of present and future harmful incompatibility between uses permitted " in the same district or ' neighboring districts; 2. Segregating uses which cannot be made reasonably compatible into separate districts; and ' 3. Encouraging and promoting orderly development, according to the needs of the general public, as set forth in the most recent Land Use Plan and detailed plans and policies. B. Matters regulated. Matters regulated include: ' 1. Use of land and water for trade, industry, residence, parking, and ' other purposes; 2. Size of lots, yards, and other spaces; ' 3. Maximum coverage of lots by buildings and other structures, and by uses; , 4. Height, size, location, erection and construction, reconstruction, alteration and use of buildings and other structures for trade, , industry, residence, and other purposes; and 5. Density of population. C. Application of Regulations. Except as hereinafter provided, no structure shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any structure or land be used or occupied which does not comply with all the district regulations established by this article for the district in which the building or land is located. No part of a yard or other open space, or parking or loading space required for any building for the purpose of complying with the provisions of this article, shall be included as part of a yard or other open space, or parking or loading space similarly required for another building. Excepting on bona fide farms, in no case shall there be more than one main structure and the customary accessory structures on one lot, except as otherwise provided. No yard or lot now existing, or hereafter created, shall be reduced in dimensions or area below the minimum requirements herein for the district in which located. No structure shall be erected on a lot heretofore or hereafter reduced below minimum dimensions or area required by law; provided, however, this requirement shall not apply in any district in which a dwelling unit is permitted or permissible to a lot which was of record, either by a plat or by a deed describing the lot by metes and bounds or otherwise, in the Public Registry, Craven County, as of the effective date of this article. Within each district, regulations herein set forth shall be minimum regulations, and shall apply uniformly to each class or kind of building or land, and may specify: uses permitted, uses permissible if reasonable requirements of a special nature are met to reduce or eliminate harmful incompatibility, or uses or characteristics of uses prohibited. D. Schedule of District Regulations. than one district, regulations for Schedule of District Regulations. Except for regulations applying to more the individual districts appear in the 4 1.7 Exceptions to Applicability A. These regulations shall not be applicable or enforceable without the consent of the owner with regard to lots, buildings, or structures for which a building permit has been issued prior to the effective date of these regulations so long as the permit has not been revoked and/or is not revokable pursuant to NCGS Section 153A-362. If construction authorized by the permit is not started within six (6) months of the permit issuance, or after construction has commenced, if the work is discontinued for a period of twelve (12) months, the permit shall immediately expire pursuant to NCGS Section 153A-357, and any further work shall be subject to these regulations. B. Any amendments, modifications, supplements, repeal, or other changes to these regulations and restrictions or the zoning map(s) shall not be applicable or enforceable without the consent of the owner with regard to buildings and uses for which either (a) a building permit has been issued prior to the effective date of the ordinance making the change, so long as the permit remains valid and unexpired pursuant to NCGS Section 153A- 358 and the building permit has not been revoked pursuant to NCGS 153A-362, or (b) a vested right has been established pursuant to Section 1.12 and such vested right remains valid and unexpired pursuant to Section 1.12. A permit issued pursuant to NCGS Section 153A-357 shall expire by limitation in six (6) months after the date of issuance if the work authorized by the permit has not been commenced, except that a permit shall not expire or be revoked because of the running time while a vested right under Section 1.12 is outstanding. If after commencement the work is discontinued for a period of twelve (12) months, the permit therefore shall immediately expire except for a permit issued under Section 1.12. Upon issuance of a building permit under Section 1.12, the provisions of NCGS Section 153A-358 and NCGS Section 153A-362 shall apply, except that the permit shall not expire or be revoked because of the running of time while a vested right under the section is outstanding. No work authorized by any permit that has expired shall thereafter be performed until a new permit has been secured. C. As to future amendments to this Zoning Ordinance, these regulations shall not be applicable or enforced without the consent of the owner with regard to uses previously approved under a Special Exception. Development of these uses will be governed by the previously approved site plans of such Special Exceptions. 1.8 Relation to Other Ordinances. It is not intended that this article in any way repeal, annul or interfere with the existing provisions of any other law or ordinance. In addition, it is not intended that this ordinance in any way repeal, annul or interfere with any rules, regulations or permits 4'+ which were legally adopted or issued under previous ordinances for the use or development of land or structures. Finally, it is not intended that this ordinance interfere with any easements, covenants, or other agreements between parties besides Craven County. However, if the provisions of this article impose greater restrictions or higher standards for the use of a building or land, or for yards or size of structures than is called for by other ordinances, permits, easements or agreements, then the provisions of this article will take precedence over the others and will control the use of development, except as otherwise provided above under Section 1.7. 1.9 Relation of This Article to Any Pending Actions. The adoption of this article shall not affect any action, suit or proceeding which may be pending at the time the article is adopted. With respect to the subject matter of any pending action, all rights, obligations and liabilities are still valid and may be presented and enforced. 1.10 Separability. If any section of specific provisions or standards of these regulations or any Zoning district boundary that is hereby established or may exist in the future is found by a court of competent jurisdiction to be invalid for any reason, the decision of the court shall not affect the validity of any other section, provision, standard, or district Boundary of these regulations, except the provision in question. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect. 1.11 Effective Date. These regulations shall become effective upon further action by the Craven County Board of Commissioners. 1.12 Procedures for Establishing a Vested Right. Pursuant to N.C.G.S Section 153A-344.1, Vesting Rights, as of the effective date of this article, a vested right to undertake and complete the development and use of property under the terms and conditions as approved pursuant to this article shall be established with respect to any property upon the approval pursuant to this article of a Special Exception for a site specific development plan or a phased development plan. The approved plans and conditions for a Special Exceptions constitute, for purposes of NCGS Section 153A-344.1, site specific development plans. A right which has been vested as provided for in this section shall remain vested for a period of three (3) years. Modifications or amendments to an approved plan do not extend the period of vesting unless specifically so provided by the Board of Adjustment or the Planning Board upon approval of the modification and or amendment. A vested right obtained under this section is not a personal right, but shall attach to and run with the subject property. A right which has been vested as provided in this section shall A terminate at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed. 1.13 General Rules of Construction. ' apply: I 1 1 1 1 1 For the purposes of these regulations, the following rules of construction shall A. These regulations shall be construed to achieve the purposes for which they are adopted. B. In the event of a conflict between the text of these regulations and any caption, figure, illustration, or table, the text of these regulations shall control. C. In the event of any conflict in limitations, requirements, or standards applying to an individual use or structure, the more stringent or restrictive provision shall apply. D. The words "shall," "must," and "will," are mandatory in nature, implying an obligation or duty to comply with the particular provision. E. The word "may" is permissive in nature, except when the context of the particular use is negative, then it is mandatory. F. Words used in the present tense include the future tense. G. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. H. Words used in the masculine gender include the feminine gender. 1.14 Fractional Requirements. When any requirement of these regulations results in a fraction of any unit of measurement, that fraction will be disregarded and the next highest whole number shall apply. 1 ARTICLE II: DEFINITIONS 2.1 Definitions. For the purpose of these regulations, the following words and terms have the meanings specified in this section. Abandon - To cease the regular use or maintenance of a lot, building, or structure: Abutting - Having common property boundaries or lot lines which are not separated by a street or other type of public way. Accessory Structure or Use - A use of structure that is customarily or typically subordinate to and serves a principal use or structure; is clearly subordinate in area, extent, or purpose to the principal use or structure served; and is located on the same lot as the principal use or structure. Such features as television reception discs, potable well water housing, ham radio operator features, patios, swimming and fish/lily pools including screening of such pools, tool sheds, utility buildings, and hot tubs are examples of accessory uses and structures. Adjacent - Either abutting or being directly across a street, other public way, or body of water which does not exceed 100 feet in width. Agri -Business - A specialized activity associated with, or serving bona fide farms and the general public, including marketing, processing, packaging, transporting, and wholesale or retail sale of products, which products consist of a central component which is produced on or benefits a bona fide farm. An agri-business is not an agricultural industry. Agricultural Industry - Except for home consumption on bona fide farms and agri- business activities, processing of fish, shellfish, poultry, and other natural and manmade animal, vegetable or mineral organisms including fur bearing animals, mice and rats, rabbits, winged animals, carnivorous animals, snakes; culturing, processing development and production of any bona fide farm product; packing, selling, displaying, or distributing or other activity with any non -bona fide farm commodity. Airport - A facility intended and used as the place where one or more fixed -wing or rotary -wing aircraft are regularly stored, maintained, or repaired while not in flight with an area that the aircraft may use to take off and land. Arboretum - A place for the scientific study and public exhibition of trees, shrubs, and plants, including unique features such as butterfly rooms. Automotive Graveyard - Any establishment or place of business which is maintained, used or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined or N idismantled motor vehicles, motor vehicle parts, boats, lawn mowers, tractors, and similar appliances. Any establishment or place of business upon which two or more unlicensed, used motor vehicles, or boats or similar equipment which cannot be operated under their ' own power, shall be deemed an automobile graveyard, and thus a junkyard. ' Automotive Repair - A building designed and used for the storage, care, and repair of motor vehicles including motors of boats and planes including both minor and major mechanical overhauling, paint and body work. Board of Adjustment - The Zoning Board of Adjustment of Craven County. ' Bona Fide Farm - Any tract of land containing at least one acre which is used for activities relating to production, and activities incidental to production, of crops, fruits, vegetables, ornamental and flowering plants, grasses and grains, forest products, dairy, ' livestock, fish and shellfish, poultry, and other agricultural products having a domestic or foreign market, and excludes commercial and industrial processing. ' Buffer - A strip of land with natural or planted vegetation located between a structure and a property line intended to separate and partially obstruct the view of two adjacent land uses or properties from one another. A buffer area may include any required screening ' for the site. Building - A temporary or permanent structure having a roof supported by columns or ' walls and which can be used for the shelter, housing, or enclosure of persons, animals, or goods. Manufactured homes and modular homes are buildings. ' Building Inspection Department - The administrative agency which has been designated by the Craven County Board of Commissioners to administer county zoning regulations. Building lines - Lines that are tangent to the exterior surface of buildings or structure, parallel to front, side and rear lot lines, and referred to as front, side and rear building lines, respectively. BUILDING LINES n N Building Site - An area of land or property where development is undertaken. Cemetery - A place for burial of the dead. A cemetery can be a combination of one or more of the following, in a place used or to be used and dedicated or designated for such purposes: 1) A burial park, for earth interment. 2) A mausoleum, for burial above the ground. 3) A columbarium, a structure substantially above the ground, for interment of the cremated remains of a deceased person. Cemetery, Private - As above, but where the owning entity, generally an extended family, fraternal order, or religious sect, does not sell or lease grave sites of any nature. Church - A religious institution often in the character of a church, temple, synagogue, mosque, or store -front operation, providing education, fellowship, service including outreach, worship and sanctuary, including various accessory uses and structures, such as schools, day care centers, Good Shepherd facilities providing without cost clothing, food, financial help, medical services, and catering to other needs such as temporary shelter for the homeless. Such accessory features also include dwelling units for one or more staff, nunneries, senior citizen housing, nursing care facilities, monastic quarters, and orphanages, all on the same lot. Club. Private - A private club is an establishment which maintains selective members, is operated by the membership, and is not profit oriented. Cluster Development - A tract of land, at least 10 acres in area, under individual, corporate, firm, partnership, or association ownership, planned and developed as an integral unit, in a single development operation or a definitely programmed series of development operations, and according to an approved preliminary site plan. Common Open Space - An area of open space within a development site designed and intended for the use and enjoyment of residents of the development or for the general public. Condominium - The ownership of single units in a structure with common areas and facilities. Condominium Unit - An enclosed space consisting of one or more rooms occupying all or part of a floor in a building of one or more floors or stories regardless of whether it is designed for residence, office, the operation of any industry or business, or any type of independent use and shall include such accessory spaces and areas as may be described in the declaration, such as garage space, storage space, balcony, terrace or patio. Construction - The erection or alteration of any structure either of a permanent or temporary character. 10 Densi - The total number of residential use units per acre of land. Density is determined by dividing the number of residential use units by the total number of lot ' acres. The entirety of a lot is included in the calculation including, but not limited to, wetlands, ponds and marsh. ' Dwelling unit - A structure or portion of a structure designed or occupied as self- contained living quarters for one family. Among the types of dwelling units regulated in this article are: ' 1) Single-family House - Also called single-family residence and single-family dwelling, being a detached unit. 2) Multi -Family Dwelling - Two or more dwelling units sharing common walls, and possibly sharing common floors and ceilings. ' 3) Townhouse - A single-family dwelling unit constructed in a series of attached units with property lines separating such units. ' 4) Manufactured Home - A residential dwelling unit that: (a) is not constructed in accordance with the standards set forth in the North Carolina State ' Building Code, and (b) is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the lot on its own chassis, and (c) exceeds forty (40) feet in length and eight feet in width. A manufactured home may also be referred to as a "mobile home." ' A) Manufactured Home, Class A - A manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development ' that were in effect at the time of construction and that satisfies each of the following additional criteria: ' (a) The minimum width (the width being the narrower of the two overall dimensions) of the main body of the manufactured home as assembled on the site shall be at least twenty-two (22) feet for a distance extending along the length (the length being the longer of the two overall dimension) of at least twenty (20) feet. ' (b) The pitch of the roof of the manufactured home has a minimum vertical rise of two and two -tenths feet for each twelve feet of ' horizontal run; the roof is finished with a type of shingle that is commonly used in standard residential construction and which does not exceed the reflectivity of gloss white paint; the roof has an ' overhang (eave) extending at least ten (10) inches from each vertical exterior wall. A site installed gutter may be counted in the width of the eave. 11 ' (c) The exterior siding consists of wood, hardboard, vinyl, brick or aluminum and shall be comparable in composition, appearance, and durability to the exterior siding commonly used in standard ' residential construction, and which does not exceed the reflectivity of gloss white paint. ' d () A continuous, permanent mason foundation or mason curtain p masonry masonry wall, unpierced except for required ventilation and access, shall be installed upon a poured concrete footer after placement on the lot, ' and before occupancy. (e) The tongue, axis, transporting light, and removable towing ' apparatus are removed after placement on the lot and before occupancy. ' (f) The manufactured home is set up on the site in accordance with the standards set by the N.C. Department of Insurance. ' (g) Stairs, porches, entrance platforms and other means of entrance and exit to the manufactured home shall be installed and constructed in accordance with the standards set by the N.C. ' Department of Insurance. (h) The manufactured home is oriented on the site in such a manner that the side having the main entrance, and by design intended to be the front of the manufactured home, is generally parallel to a public street abutting the site. B) Manufactured Home, Class B - A manufactured home that meets all of the criteria of a Class A manufactured home, except criteria (b), (c), (d), (e), and (h), provided, however, said manufactured home shall be installed with permanent type non -reflective skirting specifically manufactured for manufactured homes, pressure treated wood (except plain standard-surface/pressure treated plywood shall not be considered acceptable), or masonry underpinning. Such underpinning or skirting shall be installed under all elements of the manufactured home and be unpierced except for required ventilation and an access door. C) Manufactured Home, Class C - A manufactured home that meets all of the criteria of a Class A manufactured home, except criteria (a), (b), (c), (d), (e), and (h); provided, however, said manufactured home shall be installed with permanent type non -reflective skirting specifically manufactured for manufactured homes, pressure treated wood (except plain standard-surface/pressure treated plywood shall not be considered acceptable), or masonry underpinning. Such underpinning or skirting shall be installed under all elements of the manufactured home and be unpierced except for required ventilation and an access door. 12 D) Manufactured Home, Class D - A manufactured home that does not meet the requirements of a Class A, Class B, or Class C manufactured ' home. 5) Modular Home - A dwelling unit constructed in accordance with the standards set forth in the North Carolina Building Code real title (Uniform Residential code for one and two-family dwellings) and composed of components substantially assembled in a manufacturing plant and t transported to the building site for final assembly on a permanent foundation. A modular home shall be deemed to be a single-family dwelling as defined in this Ordinance. ' 6) Bed and Breakfast House - Any form of dwelling unit whose primary use is as a permanent residence but which offers extra bedrooms to ' whomsoever for payment resides there with food. 7) Guest Home - Any form of dwelling unit whose primary use is as a ' permanent residence but which offers rooms by the night, or for short duration, for remuneration. ' 8) Boarding House - Any form of dwelling unit where meals and rooms are offered on a permanent or long-term basis, for remuneration. Family - One or more persons related by blood, marriage, or adoption, and living together as a single housekeeping unit. ' Family Care Home - As defined in NCGS 168-21, a home with support and supervising personnel that provide room and board, personal care and rehabilitation services in a ' family environment for not more than six resident handicapped persons. Filling station - Any premises where, amongst other products leased or sold, are gasoline ' and petroleum products, and can include light maintenance activities such as engine tune-ups, lubrication, carburetor cleaning, and minor repair work. A filling station does not include such activities as heavy automobile maintenance by overhaul, automobile ' painting, or body fender work. Among permitted typical accessory uses are sale and servicing of small parts and fixtures for automobiles, boats and lawn mowers, and leasing of trailers, motor vehicles and luggage racks, so long as no such equipment shall ' be displayed or stored inside any required building setback line. Financial Institution - A use or structure where financial, pecuniary, fiscal or monetary ' services are made available, including depository institutions, non -depository institutions, holding companies, other investment companies, brokers and dealers in securities and commodity contracts, security and commodity exchanges, cash checking services, ' bondsmen services, and pawn brokers. The word bank is interchangeable with the term financial institution in this article. �r 1 1 13 Forestry - The cultivation and harvesting of trees. The term shall not include the retail sale of trees or similar products. Garage Service and/or Repair - Buildings and premises for major repairs on automobiles, trucks, boats, and other equipment including large engines, body work, painting, reconstruction, and provision of all typical Filling Station services including tow trucks. Group Care Facility - A home providing residency for persons who need or desire sheltered living conditions, generally for rehabilitation but also for long-term residency such as juvenile homes, such services provided under guidelines usually set by one or more divisions of state government, with such service being capable of being provided by a person, an agency, an institution, or some form of business enterprise, with such facilities either for profit, not -for -profit, or non-profit. Retirement homes, nursing homes, and halfway houses are examples of such group care facilities. Hazardous Materials Treatment Facility - A building, structure or use of land devoted, or intended to be devoted, primarily to changing by any method, technique or process, including incineration or neutralization, the physical, chemical, or biological character of any hazardous material regulated by the Federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et sea.), and the "North Carolina Solid Waste Management Act," as amended (Article 13B. G.S. 130-166.16), so as to neutralize such material or render it nonhazardous, safer for transport, amenable for recovery, amenable for storage or reduced in bulk. Such a use may also contain temporary storage facilities normally associated with these operations and of sufficient size to conduct a commercially feasible operation. However, under no circumstances is a hazardous materials treatment facility to be construed to be any of the following: 1) A facility which manufactures hazardous materials from component nonhazardous materials: 2) A facility or location for the long term or perpetual storage of hazardous materials; or 3) A facility for the treatment of hazardous materials which is clearly subordinate, incidental and related to the principal structure, building or use of land and is located on the same lot as the principal structure, building or use. Heavy Manufacturing - The assembly, fabrication, or processing of goods and materials using processes that ordinarily have greater than average impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of sound, smoke, fumes, odors, glare, or health and safety hazards, including the following permissible or permitted uses in zoning districts prohibited under the definition of light manufacturing: 14 L n Mining and Quarrying Heavy Equipment Repair Septic Tank Services Tire Recapping Truck Washing Under Wholesale Trade: Ammunition Animals, and Animal Products Agricultural Chemicals, Pesticides or Fertilizers Chemicals and Allied Products Grain and Field Beans Livestock Lumber and other Construction Materials Construction and Mining Machinery Farm and Garden Machinery Minerals Petroleum and Petroleum Products Resins Scrap and Waste Industries Major Demolition Debris Landfill Non -hazardous Private Solid Waste Disposal Under Manufacturing: Aircraft and Aircraft Parts Small Arms Ammunition Animal Feeds, including dog and cat Asbestos, Abrasive, or Related Products Asphalt Plant Batteries Alcoholic Beverage Products Chemicals, Paints, and Allied Products Concrete, Cut Stone, and Clay Products Heavy Construction Contractors Operations Fabricated Metal Products Animal Fats and Oils Canned, Cured, or Frozen Fish Floor Coverings other than carpet Glass Tanning involved in producing leather and leather products Packing and Processing of Meat and Poultry Metal Coating and Engraving Motor Vehicle Assembly Coating and Laminating of Paper Products Petroleum and Related Products Primary Metal Products, and Foundries Pulp and Paper Mills Raw Rubbers and Plastics Surface Active Agents Textile Products where there is dyeing and finishing Tires and Inner Tubes Tobacco Products Wood Products other than containers Salvage Yards, Scrap Processing 15 Salvage Yards, Auto Parts Sawmill or Planing Mill Height - The overall height of a structure, including any appurtenance thereon, and for the purpose of determining the height limitations set forth herein, the datum shall be mean sea level elevation unless otherwise specified. Home Occupations - A commercial activity conducted within a dwelling unit located in a residential zoning district, primarily by one or more occupants thereof. This activity shall be an accessory use which is clearly incidental and secondary to the residential use of the dwelling unit and shall be subject to the following restrictions: 1) The home occupation shall occupy an area not to exceed twenty-five (25%) percent of the gross floor area of the dwelling unit. All activities shall be conducted entirely within the dwelling unit and are not permitted in a detached garage or other accessory structure. 2) There shall be no external evidence of the activity such as commercial vehicles, window displays, outside storage, smoke, noise, odors or other nuisances emitted from the premises. 3) Only one person may be employed who is not a resident of the dwelling. 4) No display of products may be visible from the street. 5) No infrastructure demands shall be generated by the home occupation in greater volumes that would normally be expected with a residential use. 6) Instruction in music, dance, and similar subjects shall be limited to two students at a time. Lot - The least fractional part of subdivided lands, which have been duly recorded, having fixed boundaries, an assigned number, letter or other name through which it may be identified. Multi -family Dwelling - A structure which contains three or more dwelling units. Nonconforming Use - Any structure, growth or use of land which was lawfully in existence prior to the enactment of the regulations and which does not conform to these regulations. Person - Any individual, firm, copartnership, corporation, company, association, joint- stock association, or body politic, and includes any trustee, receiver, assignee or other similar representative thereof. Single-family Dwelling - A detached structure which is designed for or occupied exclusively as a residence for one family. 16 ' Structure - Any object constructed or installed by man, including but not limited to buildings, towers, smokestacks, utility poles, and overhead transmission lines. ' Use - The purpose for which land or a building is arranged, designed, occupied, or maintained. 0 1 17 ARTICLE III: SCHEDULE OF DISTRICT REGULATIONS 3.1 Residential A. Description: Intent Basically low density single-family residential areas with lots ranging in size from 8,000 square feet to 20,000 square feet depending upon the availability of community water and/or sewer service, providing other required attributes of a neighborhood. B. Permitted Principal Uses and Structures Subject to provisions or restrictions contained here and elsewhere in this Ordinance. 1. Single-family residence, modular dwellings, and Class A manufactured dwellings. 2. Public and private elementary and high schools with conventional academic curriculum. 3. Churches, when there is direct access onto a thoroughfare identified in the major Thoroughfare Plan. 4. Public parks, playgrounds and playfields, and neighborhood and community buildings and uses in keeping with the character and requirements of the district, except as provided under "Special Exceptions Permissible by Board of Adjustment." 5. Guest houses and bed and breakfast houses. 6. Golf courses. 7. Bona Fide Farms. 8. Family Care Home. 9. Sewer and wastewater treatment plants, facilities and utility sub- stations. C. Permitted Accessory Uses and Structures Uses and structures which: 1) are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures; 2) do not involve 18 the conduct of a business; and 3) are not of a nature prohibited under "Prohibited Uses and Structures." Non-commercial docks and boat houses. Home occupations, provided such uses meet the requirements stipulated for home occupations and not more than one occupation -related vehicle (to be screened from the street and residential properties and parked off the street overnight), which will weigh not more than two and one-half tons gross weight, is permitted for the home occupation. Temporary structures and operations in connection with, and on the site of, building or land preparations developments, including dredging and filling, grading, paving, installation of utilities, construction, erection of field offices, and structures for storage of equipment and building materials; provided a Certificate of Occupancy shall have been issued thereof. D. Special Exceptions Permissible by Board of Adjustment After public notice and hearing, and subject to appropriate conditions and safeguards, the Board of Adjustment may permit: 1. Private clubs when on a state secondary road, state or federal highway, or paved street, made part of this ordinance, and recreational uses except those in which the conduct of commercial affairs plays a major part; non-commercial boat basins primarily for the use of persons living within the district. 2. Cemeteries. 3. Children's nurseries and kindergartens. 4. Colleges and universities; schools, not having academic curriculums. 5. Municipal, special district, county, state, and federal buildings and uses other than outright permitted uses. 6. Riding stables. 7. Group care facility. 8. Retail sale of produce grown on the premises. 9. Commercial marinas as defined by the current Craven County CAMA-certified Land Use Plan. FJ 19 E. Special Exceptions Permissible by the Planning Board Planned Unit Developments - All forms of innovative land usage for residential developments such as single-family cluster subdivisions, townhouses, multi -family dwellings, retirement complexes, patio lots, as long as the overall density of land used for residential structure coverage ("foot print") and for amenities of perpetually assured open space provide not more than one dwelling unit or residency room per 8,000 square feet of land when public or community water and sewer service is available, or 15,000 square feet where either community water or sewer service is not available or 20,000 square feet where neither community water or sewer service is available. The intent of permitting such innovative developments is to encourage a higher quality of development than it may be possible to achieve by use of a particular tract of land for a traditional detached single-family house subdivision. In all cases, adequate external buffering shall be provided by much larger setbacks of structures and uses such as active recreational areas, swimming pools, ancillary structures, trafficways, parking, and all other use of the land than green open space, possibly combined water bodies as long as they do not have a utilitarian function. In no case shall any structure or pavement or sign be located closer than 25 feet to any property line. Adequate instruments to record the benefit of all persons who buy or rent in the proposed development have to be filed and are subject to the same scrutiny and judgment as the site and structural and landscape plans. F. Prohibited Uses and Structures 1. Classes B, C, and D manufactured dwellings. 2. Garage apartments. 3. The parking or storage of any vehicle with a wheelbase greater than one hundred thirty five inches (135") or with Gross Vehicle Weight Rating (GVWR) greater than fourteen thousand pounds (14,000 Ibs.), excepting for privately -owned non-commercial vehicles for recreation. 4. Any use not listed as a Permitted Use, as an Accessory Use, or as a Permissible Use. 20 G. Minimum Lot Requirements (Area and Width) Per Dwelling Unit: When public or community water and sewer service is available: Lot area - 8,000 square feet Lot width at building set back line - 60 feet When no public or community water or sewer service is available: Lot area - 15,000 square feet Lot width at building set back line - 75 feet When there is no public or community water or sewer service: Lot area - 20,000 square feet Lot width at building set back line - 75 feet Bona Fide Farms - exempt. Other Structures and Uses: Churches Lot area - 2 1/2 acres Lot width - 250 feet Except that existing churches can be expanded on lots of no less than one acre and a minimum lot width of 120 feet provided minimum off-street parking requirements are met in the entire development. Schools Lot width - 300 feet (See also Supplementary Regulations.) Elementary 4 acres plus 1 acre per 100 students and major fraction thereof. Junior High 6 acres plus 1 acre per 100 students and major fraction thereof. Senior High 8 acres plus 1 acre per 100 students and major fraction thereof. Community and Municipal Buildings other than Schools and other Public and Semi-public uses: Lot area - 1 acre Lot width - 200 feet 21 3.2 Private Clubs: Lot area - 10 acres H. Minimum Yard Requirements (Depth of Front and Rear Yards. Width of Side Yard and Minimum Lot Frontage) Bldg. Set Lot Size Back Line 20,000 sq.ft. 30' 15,000 sq.ft. 30' 8,000 sq.ft. 25' Width at Set Side Rear Back Line Yard Yard 75' 10, 15' 75' 10, 15, 60' 8' 15, Corner lots shall have width sufficient to permit building setback of at least 20 feet from side street. All lots shall have at least 35 feet of front frontage. Other Structures and Uses: Churches Front yards - 35 feet Side and rear yards - 50 feet No other use than off-street parking shall be located in any yard of a church which adjoins a residentially zoned lot. Private Clubs 50 feet on all sides. High Density Residential A. Description: Intent Primarily developed single-family residential areas of mixed conventional construction, manufactured and modular housing units including combination thereof. The minimum lot size for existing lots is 6,000 square feet. Lots subdivided after the date of adoption of this ordinance shall comply with the Craven County Subdivision Ordinance. B. Permitted Principal Uses and Structures Subject to provisions or restrictions contained here and elsewhere in the Ordinance. I 1. Single-family residences, modular dwellings, and Class A, B, and C manufactured dwellings. t 22 1 2. Public and private schools. 3. Churches, when there is direct access to a thoroughfare identified in the major Thoroughfare Plan. 4. Parks, playgrounds and playfields, and neighborhood and community buildings and uses in keeping with the character and requirements of the district, except as provided under "Special Exceptions Permissible by Board of Adjustment." 6. Guest houses and bed and breakfast houses. 6. Golf courses. 7. Bona fide farms. 8. Family care home. 9. Sewer and wastewater treatment plants, facilities and utility sub- stations. C. Permitted Accessory Uses and Structures Uses and structures which: 1) are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures; 2) do not involve the conduct of a business; and 3) are not of a nature prohibited under "Prohibited Uses and Structures." Non-commercial docks and boat houses. Home occupations, provided such uses meet the requirements stipulated for home occupations and not more than one occupation -related vehicle (to be screened from the street and residential ' properties and parked off the street overnight), which will weigh not more than two and one-half tons gross weight, is permitted for the home occupation. Temporary structures and operations in connection with, and on the site of, building or land preparations developments, including dredging and filling, grading, paving, installation of utilities, construction, erection of field offices, and structures for storage of equipment and building materials; provided a Certificate of Occupancy shall have been issued thereof. D. Special Exceptions Permissible by Board of Adjustment After public notice and hearing, and subject to appropriate conditions and ' safeguards, the Board of Adjustment may permit: 1. Private clubs when on a state secondary road, state or federal ' highway, or paved street, made part of this ordinance, and 23 recreational uses except those in which the conduct of commercial affairs plays a major part; non-commercial boat basins primarily for the use of persons living within the district. 2. Cemeteries. 3. Children's nurseries and kindergartens. 4. Colleges and universities. 5. Municipal, special district, county, state, and federal buildings and uses other than outright permitted uses. 6. Riding stables. 7. Group care facility. 8. Retail sale of produce grown on the premises. 9. Commercial marinas as defined by the current Craven County CAMA-certified Land Use Plan. E. Prohibited Uses and Structures 1. All uses and structures not of a nature specifically or provisionally permitted herein. 2. Class D manufactured dwellings. F. Minimum Lot Requirements (Area and Width) Per Dwellinq Unit for Lots Subdivided after the Date of Adoption: When public or community water and sewer service is available: Lot area - 8,000 square feet Lot width at building set back line - 60 feet When no public or community water or sewer service is available: Lot area - 15,000 square feet Lot width at building set back line - 75 feet 24 When there is no public or community water or sewer service: ' Lot area - 20,000 square feet Lot width at building set back line - 75 feet ' Bona Fide Farms - exempt. Other Structures and Uses: Churches Lot area - 2 1/2 acres ' Lot width - 250 feet Except that existing churches can be expanded on lots of no less than one acre and a minimum lot width of 120 feet provided minimum off-street ' parking requirements are met in the entire development. Schools ' Lot width - 300 feet (See also Supplementary Regulations.) Elementary ' 4 acres plus 1 acre per 100 students and major fraction thereof. ' Junior High 6 acres 1 acre per 100 students and major fraction thereof. plus ' Senior High 8 acres plus 1 acre per 100 students and major fraction thereof. Community and Municipal Buildings other than Schools and other Public ' and Semi-public Uses Lot area - 1 acre Lot width - 200 feet Private Clubs Lot area - 10 acres Bona Fide Farms Exempt. G. Minimum Lot Requirements (Area and Width) per Dwelling Unit for Lots ' Subdivided Prior to the Date of Adopting of this Zoning Ordinance. Lot Area - 6,000 square feet ' Lot Width of the Building - 25 feet Setback Line - 25 H. Minimum _Yard Requirements for Lots Subdivided after the Date of Adoption of this Ordinance (Depth of Front and Rear Yards, Width of Side Yard and Minimum Lot Frontage). Single Dwelling Unit Width Bldg. Set at Set Side Rear Lot Size Back Line Back Line Yard Yard 20,000 sq.ft. 30' 75' 10, 15' 15,000 sq.ft. 30' 75' 10, 15' 8,000 sq.ft. 25' 60' 8' 15' Corner lots shall have width sufficient to permit building setback of at least 20 feet from side street. All lots shall have at least 35 feet of front frontage. Other Structures and Uses: Churches Front yards - 35 feet Side and rear yards - 50 feet No use other than off-street parking shall be located in any yard of a church which adjoins a residentially zoned lot. Private Clubs 50 feet on all sides. I. Minimum Yard Requirements for Lots Subdivided prior to the Date of Adoption of this Ordinance (Depth of Front and Rear Yards, Width of Side Yard and Minimum Lot Frontage) Single Dwelling Unit Width Bldg. Set at Set Side Rear Lot Size Back Line Back Line Yard Yard 6,000 sq.ft. 20' 20' 6' 10, Corner lots shall have width sufficient to permit building setback of at least 15 feet from side street. All lots shall have at least 20 feet of front frontage. 26 ' 3.3 Commercial A. Description: Intent Districts in this category are intended primarily to be located in outlying areas, ' adjacent to major thoroughfare, with yards and other provisions for reducing conflicts with adjacent residential uses, and with substantial setbacks to reduce marginal friction on adjacent major thoroughfare. These districts will 1) serve C C E requirements of residential neighborhoods for commercial facilities, 2) serve requirements of highway oriented tourist business, and 3) accommodate selected industrial establishments. B. Permitted Principal Uses and Structures Subject to provisions or restrictions contained here and elsewhere in this Ordinance. 1. Any public or semi-public use. 2. Warehousing and storage. 3. Freight handling facilities. 4. Lumber and building material yards for processing and sales. 5. Research facilities. 6. Mortuaries. 7. Trucking and other transfer facilities. 8. Transportation facilities. 9. Public and private elementary and high schools and institutions of higher learning. 10. Parks, governmental and community buildings and related uses. 11. Retail stores; sales and display rooms and shops; establishments for servicing household appliances including places in which goods are produced for sale only at retail and only on the premises (provided that except as otherwise possible by special exceptions, all sales, storage, display of goods, or allowable production of goods shall be within enclosed structures.) 12. Personal service establishments, including barber and beauty shops, cleaning, dyeing, laundry, pressing, dressmaking, tailoring and F 27 garment repair shops, and similar uses, including those with processing on the premises (provided that not over five persons shall be employed in such processing). 13. Hotels, motels, and boarding houses. 14. Eating and drinking establishments. 15. Vocational schools not involving operations of an industrial nature 16. Commercial recreational structures and uses, such as indoor theaters, driving ranges, miniature golf courses, swimming pools, shuffleboard courts, and similar uses provided however, that where such structure or use adjoins a residential district or existing hotels, motels, or mobile home courts, walls shall be provided as a barrier to noise and dust, and further provided that no direct source of illumination shall be visible from any room normally used for sleeping purposes, provided however, that bowling alleys and roller rinks shall be permissible only as special exceptions. 17. Financial institutions and services. 18. Offices and studios. 19. Hospitals; nursing homes; domiciliary homes; clinics including veterinarian establishments, and laboratories. 20. Clubs, lodges, churches, mortuaries. 21. Utility sub -stations. 22. Commercial parking lots, parking garages. 23. Marinas and docks. 24. Filling Station or fuel dispensing pumps, which uses can be combined in one structure with other permitted or permissible uses or which dispensing pumps can be accessory to other permitted or permissible uses and structures. 25. One dwelling unit on a lot existing as of the effective date of this ordinance if the lot is less than ten thousand (10,000) square feet in area and/or less than one hundred (100) feet in width. 26. Open-air uses, such as car sales lots. 28 27. Practitioners of the healing arts and sciences, including operating and recovery facilities, but not long term care facilities. 28. Outdoor advertising structures. 29. Sewer and wastewater treatment plants, facilities and utility sub- stations. 30. Light industrial uses. 31. Bona fide farms. 32. Agri -business. 33. Agricultural industry. C. Permitted Accessory Uses and Structures 1. Owners' and caretakers' dwelling and lodging units in any permitted use structure. 2. Uses and structures which are customarily accessory and clearly incidental to permitted or permissible uses and are not of a nature prohibited under "Prohibited Uses and Structures," provided that no more than two on -premise dwelling units for occupancy by the owner, lessors, managers, watchmen, or custodians in connection with the operation of any permitted or permissible use, shall be permitted; and provided further that no service area shall be visible from any street or sidewalk or from any .residential district. 3. Temporary structures and operations in connection with, and on the site of, building or land preparation developments, including dredging and filling, grading, paving, installation of utilities, construction, erection of field offices, and structures for storage of equipment and building materials; provided a Certificate of Occupancy shall have been issued therefor. D. Special Exceptions Permissible by Board of Adiustment After public notice and hearing, and subject to appropriate conditions and safeguards, the Board of Adjustment may permit: 1. Planned groups of principal uses and structures on the same site. 2. Other forms of housing as accessory use, such as rooms or dormitories for students or employees. 29 3. Junkyard, with the following minimum improvements: a) Access be provided by paved road to the lot. b) A solid wall six feet in height be provided along the entire perimeter of the lot except for one point of ingress and egress, which shall not be over thirty feet (30') in material shall be provided and closed during non -operating hours, or the lot be enclosed by fence with similar gate and the view on all sides be screened by natural objects, grassed earthen berms, or heavy tree and shrubbery plantings. c) All performance standards of this article be met for a use considered to be abutting a lot line in a commercial district. d) Full compliance with the N.C. State Building Code, including as to bath facilities for a commercial enterprise, and full compliance with N.C. Administrative Code over potable water and sewer services. e) Notarized assurance from both the lot owner(s) and any party(ies) contracted to operate such junkyard shall be provided warranting no materials from such operation will be permitted to seep into the ground, whether it be oils, eroded, dissolving base metals. 4. Garage service and repair provided that all above uses are conducted within enclosed buildings; all storage areas of parts and materials are enclosed, and all waiting and ready cars are located on the premises. Car wash and polishing, providing such structure, unless completely enclosed, provides a minimum interior side yard of 20 feet and a rear yard of 20 feet, where practicable. In addition, all entrances and exits for above uses shall be approved by the N.C. Department of Transportation, and provided that no such facility shall be permitted on a lot with a width of less than 100 feet or an area of less than 10,000 square feet. 5. Bowling alleys; outdoor theaters; skating rinks. 6. Kindergartens and children's nurseries. 7. Group care facility. 8. Mini -storage enclosed facilities. 9. Overnight camp trailer park or recreational vehicle park. 30 7 1 E. Special Exceptions Permissible by the Planning Board After public notice and hearing, and subject to appropriate conditions and safeguards, the Planning Board may permit: 1. Planned groups of structures on a lot or a single structure on a lot, when said single structure has a square footage of 10,000 square feet or more, provided that maximum lot coverage, maximum height, and minimum off-street loading requirements, shall meet the requirements for other uses and structures of a similar nature in this district. Acceleration and deceleration lanes as approved by the N.C. Department of Transportation shall be provided on all entrances connecting directly to Highway U.S. 70 in connection with these developments. 2. Filling stations, when part of a planned group of structures. Such filling stations need not be located directly at major intersections. F. Prohibited Uses and Structures 1. Dwelling units, except as provided under Accessory Uses and Permissible Uses. 2. Truck terminals; storage warehouses and storage yards. 3. All uses and structures not of a nature specifically or provisionally permitted herein. 4. Class D manufactured dwellings. G. Minimum Lot Requirements (Area and Width) For each principal use or structure whether such use or structure is singular on a site or part of a planned development, when there is in place both a public or community water system and a public or community sewer system. Lot area - 10,000 square feet Lot width - 100 feet When either such system is lacking: Lot area - 20,000 square feet Lot width - 200 feet 31 M 3.5 H. Minimum Set Back and Height Requirements I When a lot is adjacent to a residentially zoned lot, the following set back ' requirements shall apply: Front yard set back - 50 feet ' Side yard width - 20 feet Rear yard set back - 15 feet Maximum height of structure - 35 feet ' I. Minimum Yard Requirements (Depth of Front and Rear Yards, Width of ' Side Yard) All yards shall be enclosed by solid walls whenever the abutting land is in a residential or C-LD District. For all uses: Front yard - 50 feet Side yard - 10 feet Rear yard - 50 feet Overlay Districts A. Purpose Overlay districts are zoning districts which are applied only in conjunction with a traditional zoning district, and may grant additional use and development requirements upon the underlying zoning districts. The effect is to have both the overlay district and the underlying zoning district control the use and development of land placed into any overlay district. Overlay districts support specific public policy objectives as are to be found in the comprehensive plan. An overlay district may be initiated as an amendment by the property owner, by the Planning Board, or by the Board of County Commissioners. ED - Economic Development District A. Intent The purpose of the Economic Development District (ED) is to provide locations for a wide range of agricultural industry, light and heavy manufacturing, office, institutional and research uses with no adverse impacts beyond the space occupied by the use. 32 ' The economic development district shall only be applied to lands in close association with those major thoroughfares identified in the Major Thoroughfare ' Plan, and over lands in the RU-Rural Zoning district. This district is designed to support specific public policy objectives stated in the CAMA Land Use Plan. ' A zoning map change either establishing or changing any lands into or out of this economic development overlay district shall be subject to the same procedures and requirements as any other zoning map change. The more liberal ' requirements of the underlay zoning district and of the overlay zoning district shall apply in any interpretive construction of this section. B. Application Criteria 1. No land ownership less than ten (10) acres is eligible for the application of the Economic Development Overlay district. 2. No uses shall be located in an Area of Environmental Concern as defined by the N.C. Coastal Area Management Act. 3. All operations other than loading or unloading shall be conducted entirely within the building or buildings. 4. The performance standards of the commercial zoning district shall apply. 5. The following sign standards shall apply. For any permitted or principal use: 1. Types of sign permitted 2. Permitted number of signs: 3. Maximum area of sign 4. Maximum height: Wall or free-standing Unlimited wall signs and one (1). free-standing per lot per public street front. No two signs identifying or advertising the same use shall be located closer than one hundred (100) feet from each other measured by using the shortest straight line distance. Ninety six (96) square feet. Wall. Signs shall not be allowed to extend above the parapet of the building. Free-standing. Forty (40) feet. ' 33 6. No lot shall be less than one acre in size nor have less than one hundred (100') in width. 7. The minimum lot area may be decreased by ten percent (10%) if a 10 foot (horizontal dimension) buffer of thick evergreen vegetation designed to grow at least 10 feet in height is provided along all property lines adjacent to residentially zoned property. 8. The front yard set back may be reduced to ten feet (10') if all off- street parking is provided in the rear yard area. 9. All lighting shall be directed away from residentially zoned areas. 34 I ARTICLE IV: DEVELOPMENT STANDARDS ' 4.1 Off -Street Parking and Loading Space ' 4.1.1 Statement of Intent Vehicles require adequate space in safe operating and parking conditions for all ' land uses, public and private. Craven County has a sensitive environment whereby space for vehicle parking and loading should have the least necessary impervious ' surface, should not drain directly into the waters of the county, and should be adequately designed for either on -site absorption of or disposal of such vehicular wastes such as oils. ' 4.1.2 Off -Street Parking and Loading Space and Plans Required ' No Building Permit, Certificate of Zoning Compliance, or Certificate of Occupancy shall be issued for uses of land, structures, and buildings, either initially or for a change in use or expansion of an existing use, unless the off-street parking and loading ' requirements of this Article are satisfied. Applications for permits and/or certificates shall include information as to location ' and dimension of off-street parking, and means of ingress and egress to such space, a copy of the Sedimentation and Erosion Control Plan prepared and filed under N.C. Statutes for same, and a showing of shrubbery areas, trees to be saved or added, ' berms, proposed fences or walls, proposed surface materials, proposed lighting, and written assurance the N.C. Statute on handicapped parking will be satisfied. ' The purpose of off-street loading requirements is to assure a proper and uniform development of off-street loading areas and to relieve traffic congestion in the streets. The off-street loading requirements will apply to business and manufacturing zoning ' districts. 1 35 4.1.3 Minimum Off -Street Loading Space Requirements use. The following minimum loading space requirements shall apply for the appropriate Gross Floor Area Required Number of Type of Use (Square Feet) Loading Spaces Office 0-4,999 None Restaurant 0-4,999 None 5,000-49,999 One (1) Hotel or Motel 0-49,999 None 50,000-99,999 Two (2) 100,000+ Two (2) plus one for each 100,000 square feet of gross floor area in excess of 100,000 square feet Other Commercial 0-4,999 None Establishments 5,000-19,999 One (1) 20,000-49,999 Two (2) Shopping Centers 50,000-79,999 Three (3) or Industrial Uses 80,000-99,999 Four (4) 100,000-149,999 Five (5) 150,000+ Five (5) plus one for each 50,000 square feet of gross floor area in excess of 150,000 square feet Each loading berth shall be a minimum of twelve (12) feet wide and fifty-five (55) feet long with a height clearance of fourteen (14) feet. 4.1.4 Satellite and Cooperative Parking In instances where all required parking space cannot be provided on the same lot as the principal use, it may be provided on separate land, but at least fifty percent of such required parking must be on the site of the principal use. Such satellite parking areas must be within 500 feet of the lot containing the principal use, and such areas must be in a zoning district permitting parking as a principal use. Cooperative provision of required parking space is encouraged, with the plans for permits clearly showing assignment of spaces to each principal use to be served. The Planning Director and/or the Zoning Administrator is hereby granted authority to approve innovative or cooperative parking arrangements when the public interest is served and protected. 36 ' 4.1.5 Design Standards ' Paving of parking and loading spaces is not required as long as soil stabilization is provided to assure ruts and pot holes will not occur, and that there will be minimal ' dust created by driving and maneuvering. For a parking lot requiring twenty (20) or more parking spaces, there is to be a ' shrubbery bed at least four feet in height and five feet in width provided at all exterior property lines except along street frontage, to filter storm waters and to be a visual buffer. ' Parking areas shall be designed to allow unobstructed movement into and out of each parking space without interfering with fixed objects such as lighting fixtures, tdumpsters, signage, or vehicles. All parking areas shall be designed to provide for internal circulation such that ' each parking space is accessible to all other parking spaces without necessitating ,the use of a public street or alley. ' Any lighting shall be internally oriented and maximum height of any lighting fixture/structure shall be ten feet. Each parking space shall contain a rectangular area at least eighteen (18) feet long and ten (10) feet wide. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain ' within them, the rectangular area required by this section. Aisle widths for parking lots will be as follows: for one way traffic, a minimum aisle width of twelve (12) feet is required; for two way traffic, a minimum aisle width of twenty (20) feet is required. ' Driveways shall be not less than ten (10) feet in width for one way traffic and eighteen (18) feet in width for two way traffic. However, ten (10) foot wide driveways are permissible for two way traffic when (i) the driveway is not longer than seventy-five (75) feet, (ii) it provides access to not more than six spaces, and (iii) sufficient turning space is provided so that vehicles need not back into public streets. Further, ten (10) foot wide ' driveways may be permitted for two-way traffic if the administrator determines that not more than ten (10) trips per day will be generated to and from the vehicular area being served by that driveway and such vehicular area is not used by the general public. 1 37 4.1.6 Spaces for the Disabled Except for a lot containing a duplex, triplex, quadraplex, or single-family dwelling, all uses shall be required to provide the following number of spaces designed for disabled persons: Total Number of Required Total Number of Spaces Off -Street Parking Spaces Required for. Disabled 1 - 50 51 - 100 101 or more 4.1.7 Parking Decks and Parking Garages One (1) Two (2) Two (2) plus one for every fifty (50) spaces Required parking and loading spaces need not be at ground level. Decks and garages will be treated either as part of the principal structure and subject to all requirements over such structures, or as principal uses by themselves, meeting all requirements for principal structures and uses when permitted. 4.1.8 Number of Spaces Required Calculation of spaces shall be in whole units only. If calculation results in a fraction, that fraction is eliminated from the requirement. Each use shall provide the following off-street parking: Single-family Dwelling Two Family Dwelling Multi -Family Dwelling Residential Homes Rooming Houses/Boarding Houses Bed and Breakfast, Hotels, Motels, Hunting and Fishing Lodges Tourist Homes and other temporary residences renting by day or week Church Clinics, Medical Two (2) spaces per dwelling unit. Two (2) spaces per dwelling unit. Two (2) spaces per dwelling unit. One (1) space per bedroom. One (1) space per bedroom. One (1) space for each room to be rented. Two (2) spaces. One (1) space for each 4 seats in the sanctuary. Four (4) spaces for each doctor plus one (1) parking space for each employee. 38 Fraternity or Sorority IFuneral Homes IGeneral or Professional Offices Golf Course, Par 3, or Miniature Golf Course ' Home Occupations - Medical ' Doctors, Dentist Offices, and/or Beauty Salons in residence Home Occupations (except medical ' doctor, dentist offices and/or beauty salons) ' Kindergarten or Nursery INursing Homes Clubs Public or Private ' Restaurant ' Restaurant, Drive -In Stadiums Banks and other Financial Institutions Libraries and Museums Government Offices One (1) space for each resident. One (1) space for each four (4) seats in the chapel, plus one for each funeral vehicle. One (1) space for each four hundred (400) square feet of gross floor space. Three (3) spaces for each hole plus requirements for any other use associated with the golf course. Three (3) spaces in addition to the residence requirements. Two (2) spaces in addition to the residence parking requirements. One (1) space for each employee and four (4) spaces for drive-in, drop-off, and pickup. One (1) parking space for each four (4) beds intended for patient use, plus one (1) per employee on largest shift. One (1) space for each one hundred (100) square feet of gross floor space. One (1) space for each four (4) seats plus one (1) space for each two (2) employees. One (1) space for each four (4) seats plus one (1) space for each two (2) employees. One (1) space for each four (4) spectator seats. One (1) space for each two hundred (200) square feet of gross floor space plus one (1) space for each two (2) employees. One (1) space for each four hundred (400) square feet of gross floor space. One (1) space for each three hundred (300) square feet of gross floor space. 1 39 Convenience Stores One (1) space for each one hundred fifty (150) square feet of gross floor space. Wholesale Sales One (1) space for each four hundred (400) square feet of gross floor space. Shopping Center One (1) space for each two hundred (200) square feet of gross floor space, for 80% of the building. Elementary Schools Two (2) spaces for each classroom plus one (1) space for each administrative office. Junior High Schools Two (2) spaces for each classroom plus one (1) space for each administrative office. High Schools One (1) space for each ten (10) students plus one (1) space for each classroom and administrative office. Colleges One (1) space for every four hundred (400) square feet of classroom and administrative gross floor space plus one (1) space for every dormitory room. Bowling Alleys Four (4) spaces per bowling lane. Movie Theaters One (1) space for each four (4) seats located inside the theater. Industrial or Manufacturing One (1) space for each two (2) Establishment or Warehouse employees during the shift of greatest employment, plus one (1) space for each managerial personnel, plus one (1) visitor's space for each five (5) managerial spaces. Neighborhood or Community One (1) space for every four (4) seats Building within the building. Retail Business One (1) space for each four hundred (400) square feet of gross floor space if not mentioned above. Commercial Recreation One (1) space for every two hundred (200) square feet of gross floor space if not mentioned above. 40 ' 4.2 Signs ' 4.2.1. Statement of Intent Our society needs street graphics to facilitate easy, pleasant, and safe communication. This section is concerned only with such street graphics as can be seen from public ways, not those of any form of internal orientation. ' Signs, including outdoor advertising structures, are the primary types of private street graphics over which there is need for a comprehensive, balanced set of ' regulations to assure equity to all persons needing some form of graphic display, to insure the public's capacity to receive information, to insure that privacy is not violated, and that the probability of traffic accidents is not accelerated by distracting attention or ' by obstructing sight vision. Signs are for the promotion of health, safety, welfare, convenience and general ' enjoyment of travel on, and protection of the public investment in streets and roads, and to prevent such signs from dominating the visual appearance of the area in which they are located. ' 4.2.2 Sign Illumination ' All lighted signs shall have their lighting directed in such a manner as to illuminate only the face of the sign. Illumination shall be shielded or directed so that the light or brightness shall not be seen at any property line of the lot. 4.2.3 Unsafe Signs ' Any sign which is determined by the Zoning Administrator as being insecure, in danger of falling, or otherwise endangering the public safety shall be immediately removed by its owner unless it is repaired and made. to .otherwise comply with the requirements of this ordinance. ' 4.2.4 Permit Required Except as otherwise provided in this article, it shall be unlawful for any person to erect, construct, enlarge, move, or replace any sign or to cause the same to be done, without first having obtained zoning permission for such sign. ' No sign of any type nor any part thereof shall be erected, painted, repainted, posted, reposted, placed, replaced, hung or moved except in compliance with this chapter. 1 41 4.2.5 Prohibited Signs Signs Obstructing View: Any sign which obstructs the view of pedestrians, bicyclists and/or motorists using any street, approach to any street intersection, or which interferes with the effectiveness of or obscures any traffic sign, device, or signal shall be prohibited. Any sign located in such a way as to intentionally deny a visual access to an existing sign. Illuminated Signs: Illuminated, highly reflective signs, or spot lights which hamper the vision of motorist or bicyclists. Moving Signs: Signs, other than government signs, which contain oscillating, fluctuating, flashing or blinking lights, rotating disks, words and other devices not erected by a public authority which may be erroneously construed as government signs or emergency warning signs. An example of this is a sign which contains a picture of a traffic sign plus the word "stop," "yield," etc. No sign of any type nor any part thereof shall be erected, painted, repainted, posted, reposted, placed, replaced, hung or moved except in compliance with this article. Signs Obstructing Traffic: Any sign located outdoors which interferes with free passage from or obstructs any fire escape, downspout, window, door, stairway, ladder, or opening intended as a means of ingress or egress or providing light or air. Signs Located on a Public Street or Right -of -Way: Any sign (other than a government sign) placed on any curb, sidewalk, post, pole, hydrant, bridge, tree, or other surface and located in, over, or across any public street or right-of-way. Flashing Signs: Flashing signs, signs with flashing or reflective disks, signs with flashing lights or lights of changing degree of intensity or color or signs with electrically scrolled messages (except government signs and signs which give time and temperature information). If a time and temperature sign alternates between a time message and a temperature message it shall continuously show one message a minimum of three (3) seconds in time before switching to the other message. Temporary, Nonpermanent Signs: Temporary, nonpermanent signs, including overhead streamers, are not permitted in any zoning district, unless otherwise specified in these regulations. Use of Warning Words or Symbology: Signs using the words "stop," "danger," or any other word, phrase, symbol, or character similar to terms used in public safety warning or traffic signs. 42 4.2.6. Signs Permitted in Any District ' The following signs shall be exempt from other requirements within this ordinance. ' Government Signs: Government signs, including graphics usually of a commemorative nature such as obelisks and triumphal arches. Grave Markers: Grave markers which are noncommercial in nature. Flags or Pennants: Flags, pennants, insignia, and symbols of any public or ' semi-public use. Architectural Features of Buildings: Integral decorative or architectural features ' of buildings and works of art, so long as such features or works do not contain letters, trademarks, moving parts, or lights. ' On -Premises Instructional Signs: On -premises instructional signs not exceeding six square feet in area. ' Identification Signs for Residential Uses: Identification signs for residential uses not exceeding four square feet on any lot. ' Campaign/Political Signs: Campaign, election, and political signs of a non -permanent nature. ' Holiday/Special Events Signs: Holiday decorations, and for special events. Price Signs: Price signs at automobile service stations or other establishments ' engaged in the retail sales of gasoline. One (1) such sign is permitted for each side of a lot fronting on a public street, provided it does not exceed eight (8) square feet in area. Any such sign shall be affixed to a permitted freestanding identification sign, to a canopy isupport in the vicinity of the gasoline pumps, or flat -mounted against the wall of a building. ' Gasoline Service Pump Signs: Signs announcing the location of self-service or full service gasoline pumps at any establishment engaged in the retail sale of gasoline. ' Such signs shall be located in the vicinity of the gasoline pumps and shall not exceed eight (8) square feet in area. ' Personal Property and Real Estate Signs: Temporary personal property signs and real estate signs advertising specific property for sale, lease, rent or development shall be located as follows: 1. One sign for each side of a lot fronting on a public street, advertising real estate or personal property "For Sale," "For Rent," "For Lease" or "For ' Development" not greater than ten (18) square feet in area in a residential 1 43 district and sixty-four (64) square feet in area in nonresidential districts may be located on the property being advertised so long as said sign is located behind the street right-of-way line. If the property so advertised lies on a corner lot or double frontage lot, then a second sign may be permitted along the second street so long as the two signs are at least one hundred (100) feet apart as measured by the shortest straight line. 2. In addition to the on -site real estate sign(s), a maximum of three (3) directional signs, each not exceeding four (4) square feet in area, shall be permitted in other locations. The message of said signs shall be limited to the name of the property, and the terms "Lot/Home For Sale," "For Rent," "For Lease," "For Development," etc. All of these signs shall be located off the street right-of-way. 3. All such temporary signs shall be removed within seven (7) days after the property has been sold, rented, leased, etc. 4. No sign allowed under this subsection shall be lighted. Subdivision Identifications Signs: Permanent subdivision identification signs not exceeding sixty-four (64) square feet total per entrance road. Subdivision identification signs may not exceed two signs per entrance road. Temporary Construction Signs: Temporary construction signs provided that: 1. Signs in conjunction with any residential use shall not exceed ten (10) square feet each. 2. Signs in conjunction with all other uses shall have a maximum area of fifty (50) square feet each. 3. Only one (1) such sign per premises shall be erected. 4. Such signs shall not be illuminated. 5. Such signs shall only appear at the construction site. 6. Such signs shall be removed within seven (7) days after a certificate of occupancy for any portion of the project has been issued. Temporary Farm Product Signs: 1. One on -premises sign may be used. Said sign shall be located off the street right-of-way and at least ten (10) feet away from any side lot line. Such sign shall have a maximum area of nine (9) square feet and may not be illuminated. 44 F r 2. A maximum of two off -premises signs shall be permitted. Said off-premisses signs may be no greater than four (4) square feet apiece and shall not be illuminated. No such sign shall be allowed in the street right-of-way. Special Events Signs: Temporary special event signs or banners for religious, charitable, civic, fraternal or similar nonprofit or not -for -profit organizations provided that: 1. Signs shall be erected no sooner than thirty (30) days and removed no !ater than seven (7) days after the event. 2. Portable signs for such uses may be allowed. 3. No such sign shall exceed thirty-two (32) square feet. 4. No such sign shall be illuminated. 5. All such signs shall be located off the street right-of-way. Other Temporary Banners: Other temporary banners for a nonresidential use located in a nonresidential district, provided that: 1. For a continuous period not to exceed fourteen (14) days, on -premises banners; balloons and other inflatable objects, pennants; and flags for special events and grand openings are permitted so long as said sign objects are not located in a street right-of-way. Within any calendar year, any use may be permitted temporary signs of this nature for no greater than three 14-day periods. Yard Sale Signs: One (1) on -premise and three (3) off -premises yard sale signs per yard sale. All such signs shall be removed within twenty-four hours after the yard sale has been terminated. No such sign shall be greater than four (4) square feet in area. All such signs shall be located off the street right-of-way. Bulletin Boards: Bulletin boards, with a maximum area of fifty (50) square feet. Directional Signs: Directional signs (for commercial and public and semi/public uses) provided that: 1. No more than three (3) directional sign may be erected on any lot occupied by a principal use. 2. All such signs shall be located off the road right-of-way. 3. All such signs greater than three (3) feet in height as measured from the grade of the road upon which it fronts shall be located outside the required sight triangle as indicated in this article. 45 4. There shall be no greater than four (4) directional signs on separate supports at the intersection of any two (2) roads, 5. More than one sign may be placed on the same supports. 6. No two (2) directional signs hung from separate supports shall be located within five (5) feet of each other. 7. The maximum area of any directional sign shall be six (6) square feet 4.2.7 Types of Signs Wall Signs: 1. No wall sign shall project more than six (6) inches from the building wall, roof, canopy or supporting structure. 2. No wall sign or its supporting structure shall cover any window or part of a window. 3. Canopy, roof, and awning signs are considered wall signs; in no instances shall such a sign extend over either a right-of-way or a public easement of any nature. Free -Standing Signs: 1. All free-standing signs shall be so located that no part thereof projects over or in any way into the street right-of-way. 2. If the setback from the street property line is less than twenty five (25) feet, the bottom of the free-standing sign shall be at least ten (10) feet in height from the ground. 3. No free-standing sign on premise shall be located closer than twenty (20) feet to any adjacent side or rear lot line. 4. A twenty-five (25) foot side yard setback shall be required when the side I yard line abuts a residential zoning district. On -Premises Signs: On -premises signs are signs which are located on the property of the principal use which is being advertised. On -premises signs can be either wall signs or free-standing signs. Off -Premises Signs: Off -premises signs are signs which are located off the ' property of the principal use. Free-standing signs will be permitted as off -premises signs. 46 1 1 E 4.2.8 Off -Premises Signs A business, person, or an organization, shall have the right to put up as many free-standing off -premises signs as they want as long as they adhere to the spacing requirements. The following standards apply only to off -premises signs. Permitted Use: Free-standing signs are permitted only within Commercial Low Density (C-LD), Commercial Manufacturing (C-M), Heavy Manufacturing (HI-M), and Rural (RU). Distance from centerline: Free standing signs shall be located within six hundred and sixty (660) feet of the centerline of the roadway to which they are oriented. Spacing: 1. On major thoroughfares such as Highways 70 and 17, the minimum spacing requirements between off -premises signs shall be fifteen hundred (1,500) feet. 2. On minor thoroughfares, the minimum spacing requirements between off -premises signs shall be one thousand (1,000) feet. 3. On all other public roads in Craven County, the minimum spacing requirements between off -premises signs shall be five hundred (500) feet. Distance from Residential Zones: Free standing signs shall be located no closer than the following distances from residentially zoned property: On the major thoroughfares such as Highways 70 and 17: 1. Twenty-five (25) feet from any residence; 2. Fifty (50) feet from any residential zone adjacent to a permitted zone away from the roadway; and , 3. One hundred (100) feet from any residential zone adjacent to a permitted zone parallel to the roadway. On all other roads in Craven County; 1. Twenty-five (25) feet from any residence; 2. One hundred (100) feet from any residential zone adjacent to a permitted zone away from the roadway; and, 3. One hundred (100) feet from any residential zone adjacent to a permitted zone parallel to the roadway. 47 Setback: Free standing signs shall be set back from each property line a minimum of one-half the distance required by the zoning ordinance for principal structures. Maximum Sign Area: The maximum sign area of an off -premises ground sign shall be limited, depending on location, as follows: 1. On major thoroughfares such as Highways 70 and 17, the maximum sign size shall be six hundred seventy-two (672) square feet. 2. On minor thoroughfares, the maximum sign size shall be three hundred seventy-eight (378) feet. 3. On all other public roads in Craven County, the maximum sign size shall be one hundred twenty eight (128) feet. Wall Attachment: An off -premises sign attached to the wall of a structure may not exceed thirty (30) percent of the total surface area of the wall on which the sign is located. Also, no off -premises sign may be located on the same wall as any other off -premises sign. Height: Off -premises ground signs shall be limited to a maximum height of forty (40) feet above the roadway to which it is oriented or grade of the site on which the sign is located, whichever is higher. Sign height shall be measured to the highest portion of the sign, including any molding, trim, border, or frame designed to attract attention, excluding any extensions. Ways Signs Can Be Displayed: The outdoor advertising signs may be placed back-to-back, side -by -side, or in V-type construction. Side -by -side signs shall be structurally tied together and considered as one sign. V-type and back-to-back signs will not be considered as one sign if located more than fifteen (15) feet apart at their nearest point. Stacked and/or rooftop locations of off -premises signs shall not be permitted. Prohibited Use of Signs: Placing sign facings on top of one another I (double -decking) is prohibited. 4.2.9 Computation of Sign Area for Other Than Outdoor Advertising Structures The surface area of a sign is computed as including the entire area within a parallelogram, triangle, circle, semi -circle or other regular geometric figure, including all ' of the elements of the display, but not including blank masking (a plain strip, bearing no advertising matter around the edge of a sign), frames, display of identification or licensing officially required by any governmental body, or structural elements outside the ' sign surface and bearing no advertising matter. In the case of signs mounted back-to-back, only one side of the sign is to be included in the area. Otherwise, the surface area of each sign is to be separately computed. ' 48 1 3. Maximum area of sign: Wall. A maximum of thirty (30) percent of the wall area of any wall on the building, except in no instance shall any principal use be allowed to have an aggregate wall sign area in excess of one hundred (100) square feet. Free -Standing. A maximum of ninety six (96) square feet per sign. 4. Maximum Height: Wall signs shall not be allowed to extend above the parapet of the building. Free-standing. Forty (40) feet. C. Non Conforming Uses Any non -conforming use must comply with the zoning regulations, pertaining to ' signs, within the zoning district in which they are located. ' 4.3 Planned Unit Developments (P.U.D.): Plats of Same. 4.3.1. Application. Site specific development plans as are permissible in various Zoning districts as Special Exceptions either by the Zoning Board of Adjustment or the Planning Board, and may be known as planned unit Developments, or planned unit development plats, by herewith blending the subdivision authority of the county with zoning authority, as permitted by the Planning Board, are covered by these standards. 4.3.2. General Requirements. A. Minimum Acreage Planned unit developments shall have a gross site area of not less than ten (10) acres. B. Single Ownership and Development For an area of land to be developed and improved as a single entity under a planned unit development, planned unit development plat or unified development plan, sections or phases can have varying ownerships as per these regulations. 50 back-to-back, only one side of the sign is to be included in the area. Otherwise, the surface area of each sign is to be separately computed. In the case of cylindrical signs, signs in the shape of cubes, or other signs which are substantially three-dimensional with respect to their display surfaces, the entire display surface or surfaces is included in computations of area. In the case of embellishments (display portions of signs extending outside the general display area), surface area extending outside the general display area not bearing advertising material is to be computed separately (according to the method described immediately above in this section) as part of the total surface area of the sign. The following illustrates various types of wall signs and free-standing signs. 4.2.10 On -Premises Signs A. Signs Permitted in High Density Residential District For any permitted non residential use: 1. Types of sign permitted: Wall or Free-standing. 2. Permitted number of signs: Unlimited wall signs and one (1) free-standing per lot per public street front. No two signs identifying or advertising the same use shall be located closer than one hundred (100) feet from each other measured by using the shortest straight line distance. 3. Maximum area of sign: Sixty-four (64) square feet. 4. Maximum Height: Ten (10) feet. B. Signs Permitted in Commercial Zoning District For permitted and permissible principal uses when allowed: 1. Types of sign permitted: Wall or Free-standing. 2. Permitted number of signs: Wall. No limit. Free-standing. One (1) free-standing per premises per public street front. No two signs identifying or advertising the same use shall be located closer than one hundred (100) feet from each other measured by using the shortest straight line distance. 49 C. Stages and Timing of Development ' The planned unit development may be developed in stages, as long as the stages and timing of same are shown on the initial approved plan plat, and do not exceed three years between phases or for completion as long as ' assurance is provided of continuity of required open space. 4.3.3 Design Standards ' The design standards of this article for minimum lot sizes, widths and depths, building setback lines, and streets do not apply to planned unit developments. Other standards apply, including density of number of dwelling units per acre in lieu of individual minimum low sizes. The following design standards apply: A. Maximum Ground Coverage Maximum round coverage b all structures shall be forty 40 percent of 9 9 Y rtY i) ' the gross site area. B. The PUD plat shall require the submission, approval, and recordation of a final plat. The PUD plat shall contain the language, "Approved as a PUD ' plat." C. The site specific development plan and the development site plan portion ' of the PUD plat may be divided into development stages. When the plan or PUD plat is of such a size as to require staging, an overall plan may be approved, subject to final approval of each stage. The development site plan shall include at least the following: ' 1. North point, full right-of-way of all abutting and intersecting streets, including curbs, and center line. Scale, date, and legal description of the proposed site; 2. Location, dimensions, and type of any proposed streets, trafficways, driveways, sidewalks, pedestrian and bike trails, curb cuts, entrances, exits, outdoor lighting systems, storm drainage, sanitary sewer and all other utilities and services; t3. Location, dimensions and use of existing and proposed structures and parking areas; ' 4. Location and dimension of proposed boundaries, setback lines, and easements, open space and recreational areas; ' 5. Landscaping, irrigation and sedimentation control plans; 1 51 N E. F G. 6. Site data breakdowns in square footage for building coverage, paved areas, green areas, lake areas, commercial structures and the gross site area; . 7. Specific identification of the size, number, and type of proposed units and offices, commercial or industrial usage; 8. Location and screening of trash containers and air conditioning units; 9. Elevations of building types, proposed walls, fences, and bridges; 10. Construction plans showing proposed location and size of streets, sidewalks, trafficways, sanitary sewers, water mains, culverts, retention ponds, drainage structures and other utilities in and adjacent to the project. Assured Recreation Area For residential developments, minimum assured recreation area shall be ten (10) percent of the gross site area. Such recreation area shall be conveniently and centrally located to the housing units. Setbacks Minimum setbacks and distances between structures shall be as follows: minimum distance between internal structures shall be as required by the N.C. Department of Insurance, whichever is greater, and a minimum setback of twenty-five (25) feet shall be required from any peripheral property line, right-of-way or internal trafficway, excepting for traditional or unusual platting into typical or small lots, when all external peripheral setbacks from the property line of ten (10) feet shall be required. Building Length There shall be no row -type buildings. Offsets shall be provided of not less than four(4) feet for continuous walls exceeding sixty (60) feet in length. No building over two hundred and fifty (250) feet in length shall be permitted. Utilities Water and sewer systems meeting state and local requirements are to be provided. Provision of service to each housing unit or nonresidential unit or structure by public utilities for electric and telephone shall be exhibited on the Plan and certified by the provider thereof. Adequate easements for ingress and egress for maintenance on these utilities shall be provided. All utilities shall be underground. 52 IH. Streets ' Streets, public or private, are permissible within a planned unit development, although the majority of PUDs are of such character internal circulation trafficways for pedestrian, vehicular, battery or solar generated ' carts are as much if not the bigger users of such trafficways than traditional motor vehicles. H When streets are proposed, requirements of the Subdivision Ordinance must be met, excepting larger medians will be permissible than may be allowable by N.C. Department of Transportation standards on private streets. Internal Trafficways A base characteristic of a PUD is that the internal circulation paths do not follow fixed linear geometric lines as do most streets, but instead are curvilinear and of meandering character, for protection of better tree and landscape specimens by going around them and for deliberate slower paced traffic movements, making generous use of such features as private restrictions for extremely low speed limits and provision of bumper strips at intervals in the pavement. Creative design of trafficways is encouraged, coupled with adherence insofar as possible to the minimum required street base and paving construction requirements of the Subdivision Ordinance. 4.3.4. Elements of the PUD Plat. The PUD plat shall contain three (3) elements: a plat to be recorded, including any required vacations of existing streets, alleys, or easements; a complete development site plan; and a document package as required under Section 4.3.5. 4.3.5. Special Requirements. A. The developer shall complete the installation of all utilities, public streets, internal trafficways, sidewalks and drainage improvements of each development stage of the proposed project and shall file a notarized statement into the public record to this effect. B. Before plat approval is issued, a property owners association and/or declaration of condominium, guaranteeing adequate maintenance and continued operation of all assured open space and other private service facilities, shall be filed for approval by the Planning Board and then be properly recorded. Assured open space or facilities shall not be dedicated or accepted for public purpose or maintenance. 53 4.3.6. Minor Modifications. Minor modifications to the site plan may be approved by the Zoning Administrator on behalf of the Zoning Board of Adjustment and on behalf of the Planning Board by the Planning Director, in keeping with the provisions of this article. 4.3.7. All Subdivision Ordinance Requirements to be Met. For those PUD special exceptions filed with the Planning Board under this article, that Board may require the platting thereof prior to or as a condition of approval. 4.3.8. Time Extensions. The Zoning Board of Adjustment and the Planning Board in their discretion may extend the time deadline for either completion of required improvements or the site specific development plan for up to one two year period. 4.4. Performance Standards 4.4.1. Applicability. Any use established or changed, and any building, structure, or tract of land developed, constructed, or utilized for any permitted or permissible principal or accessory use shall comply with all performance standards herein set forth. Bona Fide Farms are exempt from these performance standards. 4.5. Fence and/or Wall Requirements 4.5.1 Permitted Types of Fences: The following types of fences are permitted in all zoning districts: A. Masonry or stone walls; B. Ornamental iron ; C. Chain -link or woven wire; and D. Wood or similar material. 4.5.2 Prohibited Types of Fences: The following types of fences are prohibited in all zoning districts. A. Fences constructed primarily of barbed or razor wire, except for the purpose of enclosing livestock; " B. Fences carrying electrical current, except for the purpose of enclosing livestock; " 54 C. Fences constructed in whole or in part of readily flammable material such as paper, cloth or canvas; D. Fences topped with barbed wire or metal spikes except those serving an institution requiring a security fence for public safety purposes; E. Fences constructed of concertina wire. 4.5.3 Required Maintenance Any fence which, through neglect, lack of repair, type or manner of construction, method of placement or otherwise, constitutes a hazard or endangers any person, animal or property is hereby deemed a nuisance. If such conditions exist, the Zoning Administrator shall require the owner or occupant of the property upon which the fence is located to repair, replace or demolish the fence causing the nuisance. 4.5.4 Height ' Residential Uses: C A. No fence shall exceed six (6) feet in height on side yards and rear yards within R-7500 and R-6000 residential areas. B. No fence shall exceed six (6) feet in height within fifteen (15) feet of any public or private street right-of-way line within a group housing development unless the sole purpose is to enclose a patio. A patio enclosure shall not exceed seven (7) feet in height. This does not include the exterior boundaries. Recreational Uses: No fence shall exceed eight (8) feet in height. Commercial or Industrial Uses: No fence shall exceed eight (8) feet in height. 4.5.5 General Fence Requirements A. Obstruction of view: No fence shall be placed or retained in such a manner as to obstruct vision at any intersection of public or private streets. B. Obstruction of drainageway: Fence construction shall not alter or impede the natural flow of water in any stream, creek, drainage swale, or ditch. C. Obstruction of access: No fence shall block access from doors or windows. Fences must have a clearance of at least two (2) feet from building walls, except where fences project from or to a building wall. 55 D. Orientation of barbed'wire: On fences topped with barbed wire, the bottom ' strand must be at least six (6) feet above grade with vertical supports slanting inward away from the property line. , E. Obstruction of 911 emergency street addresses: No fence shall be constructed to alter or impede the visual locating of 911 emergency street I addresses. r. 56 1 I ARTICLE V: 5.1 General NONCONFORMING SITUATIONS ' After the effective date of this Ordinance, land or structures, or the uses of land or structures which would be prohibited under the regulations for the district in.which it is located and which were existing prior to the effective date of this Ordinance, shall be considered as nonconforming. It is the intent of this Ordinance to permit these non -conformities to continue until they are removed, but not to encourage their continual use.' Nonconforming structures or uses may be continued provided they conform to the ' provisions of this Ordinance. 5.2 Definitions ' Unless the context clearly indicates otherwise, the terms defined below are used in this article in the following manner: ' A. NonConformin Situation - A situation that occurs when, on the effective date of this Ordinance or any amendment hereto, an existing lot or ' structure, or use of an existing lot or structure, does not conform to one or more of the regulations applicable to the district in which the lot or structure ' is located. B. Nonconforming Use - A nonconforming situation that occurs when property ' is used for a purpose or in a manner made unlawful by the permitted use regulations applicable to the district in which the property is located. ' C. Nonconforming Building or Structure (Dimensional Nonconformity) - A nonconforming situation that occurs when the height, size or minimum floor space of a building or the relationship between an existing building and the ' required yard setbacks does not conform to the regulations applicable to the district in which the property is located. I� F D. Nonconforming Project - Any structure, development or undertaking that is incomplete at the effective date of this Ordinance and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned. 5.3 Completion of Nonconforming Projects The construction or erection of any nonconforming project may be completed provided all construction is done pursuant to a validly issued building permit. 1 57 5.4 Extension or Enlargement of Nonconforming Situations A. Except as specifically provided in this subsection, it shall be unlawful for any person to engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. B. Subject to paragraph (4) of this subsection, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this Ordinance, was manifestly designed or arranged to accommodate such use. However, subject to Subsection 5A.0 of this section, a nonconforming use may not be extended to additional buildings or to land outside the original building. C. Subject to Subsection 5.3 of this section, a nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use that involves the removal of natural materials from the lot (e.g., a quarry) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming, if ten (10) percent or more of the earth products had already been removed at the effective date of this Ordinance. D. Where a nonconforming situation exists, the equipment or processes may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other paragraphs of this subsection occur. E. Physical alternation of structures or the placement of new structures on open land are unlawful if they result in: 1) An increase in the total amount of space devoted to a nonconforming use. 2) Greater nonconformity with respect to dimensional restrictions such as height limitations, or density requirements. F. Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. G. Notwithstanding paragraph 5.5, any structure used for single-family residential purposes and maintained as a nonconforming use may be replaced with a similar structure of a larger size, so long as the replacement does not create new nonconformities or increase the extent of existing non -conformities with respect to yard size and setback requirements. In particular, a mobile home may be replaced with a larger mobile home, and a "single -wide" mobile home may be replaced with a "double -wide." This paragraph is subject to the limitations stated in W ' Subsection 5.6 - "Abandonment and Discontinuance of NonConforming Situations." H. A structure that is nonconforming in any respect or a structure that is used in a non -conforming manner may be reconstructed or replaced if partially ' or totally destroyed, subject to the following restrictions: 1. A letter of intent is received by the Building Inspector within six (6) months from the time of such destruction; 2. A building permit is obtained from the Building Inspector within one ' (1) year from the time the damage or destruction took place; 3. The total amount of space devoted to a non -conforming use may not be increased, except that a larger, single-family residential structure may be constructed in place of a smaller one, and a larger mobile home intended for residential use may replace a smaller one; ' 4. The reconstructed building may not be more nonconforming with respect to dimensional restrictions such as yard requirements, ' height limitations, or density requirements, and such dimensional nonconformities must be eliminated if that can reasonably be accomplished without unduly burdening the reconstruction process ' or limiting the right to continue the nonconforming use of such building. ' 5.5 Change in Kind of Nonconforming Use IA. A nonconforming use may be changed to a conforming use. Thereafter, the property may not revert to a nonconforming use. B. A nonconforming use may be changed to another nonconforming use only in accordance with a conditional use permit issued by the Board of Adjustment. The Board shall issue such approval if it finds that the ' proposed use will be more compatible with the surrounding neighborhood than the use in operation at the time the approval is applied for. If a nonconforming use is changed to any use other than a conforming use without obtaining approval pursuant to this paragraph, that change shall constitute a discontinuance of the nonconforming use, and the property involved may thereafter be used only for conforming purposes. 1. A nonconforming accessory use of building may only be changed to another nonconforming accessory use or building according to ' Section of this Ordinance. Changes in a principal use are also considered as changes to any accessory use or building. ' 59 5.6 C. If a nonconforming use and a conforming use, or any combination of a conforming and nonconforming use, or any combination of nonconforming uses exist in one (1) lot, the use made of the property may be changed substantially (except to a conforming use), only in accordance with approval issued by the Board of Adjustment. The Board shall issue such approval if it finds that the proposed use will be more compatible with the surrounding neighborhood than the use or combination of uses in operation at the time the approval is applied for. Abandonment and Discontinuance of Non -conforming Situations A. When a nonconforming use is discontinued for a consecutive period of 180 days, the property involved may thereafter be used only for conforming purposes. B. For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this subsection, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building or one space in a non -conforming mobile home park for 180 days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building or mobile home park as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter. Thus, if a mobile home is used as a nonconforming use on a residential lot where a conforming residential structure also is located, removal of that mobile home for 180 days terminates the right to replace it. C. When a structure or operation made nonconforming by this Ordinance is vacant or discontinued at the effective date of this Ordinance, the 180-day period for purposes of this subsection begins to run at the effective date of this Ordinance. We ARTICLE VI: ADMINISTRATION AND ENFORCEMENT 6.1 Administration and Enforcement The Building Inspector shall administer and enforce this Ordinance. He may be provided with assistance of such other persons as the County Commissioners 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 violation indicating the nature of the violation and ordering 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, alterations, 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. ' 6.2 Building Permit Requirements Ll After the adoption of this Ordinance, no building permit is applied for and issued by the issued except in conformity with the provision order from the Board of Adjustment. 6.3 Application for Building Permit s new uses shall be established unless a Building Inspector. No permit shall be of this Ordinance, except after written All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; the location and dimensions of the proposed building or alteration and evidence of the Craven County Board of Health's approval of the sewage disposal system. The application shall include such other information as may be required by the Building Inspector including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families or rental units the building is designed to accommodate; conditions existing on the lot; noise abatement proposals; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this Ordinance. 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. Should the Building Inspector disapprove an application for a building permit, the reasons for disapproval shall be listed on the application. The second copy of the plans, similarly marked, shall be retained by the Building Inspector. 61 6.4 Expiration of Building Permit If the work described in any building permit has not begun within six (6) months from the date of issuance thereof, said permit shall expire; it shall be cancelled by the Building Inspector and written notice thereof shall be given to the persons affected. If after commencement the work is discontinued for a period of twelve (12) months, the permit therefore shall immediately expire and be cancelled by the Building Inspector and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained. 6.5 Building Permit for New or Altered Uses It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a building permit shall have been issued therefor by the Building Inspector stating that the proposed use of the building or land conforms to the requirements of this Ordinance. No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a building permit. The permit shall be issued in conformity with the provisions of this Ordinance upon completion of the work. A temporary building permit may be issued by the Building Inspector for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion. The Building Inspector shall maintain a record of all building permits and a monthly summary of all permits issued shall be made available to the public. Failure to obtain a building permit shall be a violation of this Ordinance and punishable under Section 9.3 of this Ordinance. 6.6 Construction and Use to be as Stated on Building Permits Building permits issued on the basis of plans and applications approved by the Building Inspector authorize only the use, arrangements, and construction set forth in such approved plans and applications. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance and punishable as provided by Section 9.3 herein. 6.7 Right of Appeal If the building permit is denied, the applicant may appeal the action of the Building Inspector to the Board of Adjustment. 62 6.8 Certificate of Occupancy ' No new building or part thereof shall be occupied, and no addition or enlargement of any existing building shall be occupied, and no existing building after being altered or moved shall be occupied, and no change of occupancy shall be made in any existing ' building or part thereof, until the Building Inspector has issued a Certificate of Occupancy therefore. A temporary Certificate of Occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of ' the entire building. Application for a Certificate of Occupancy may be made by the owner or his agent after all final inspections have been made for new buildings, or, in the case of existing buildings, after supplying the information and data necessary to determine compliance with this Ordinance and appropriate regulatory codes of the county for the occupancy ' intended. The Building Inspector shall issue a Certificate of Occupancy when, after examination and inspection, it is found that the building in all respects conforms to the provisions of the Ordinance and appropriate regulatory codes of the county for the ' occupancy intended. A Certificate of Occupancy shall not be issued for any building until revised noise abatement construction procedures have been accomplished. 6.9 Duties of Building Inspector, 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 Building Inspector and that such questions shall be presented to the Board of Zoning Adjustment only on appeal from the Building Inspector; and that from the decision of the Board of Adjustment recourse shall be 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 of disputed questions that may arise in connection with the enforcement thereof, but only considering and passing upon any proposed amendment or repeal of the Ordinance. 1 63 ARTICLE VII: AMENDMENTS 7.1 Amending the Ordinance The County Board of Commissioners may amend the text regulations and zoning map according to the following procedures. The following action shall be taken by the applicant: 1) initiation of Amendments - Proposed amendments may be initiated by the County Commissioners, Planning Board, Board of Adjustment, or by one or more interested parties. 2) Application - An application for any amendment shall contain a description of the proposed zoning regulation or district boundary to be applied. Such application shall be filed with the Planning Department not later than fifteen (15) working days prior to the Planning Board meeting at which the application is to be considered. 3) Fee - A fee to be established by the County Commissioners shall be paid to Craven County, North Carolina, to cover necessary administrative costs and advertising costs. 4) Letter of Notification - Whenever any property is petitioned for rezoning or application for Special Use Permit, and such property does not have frontage on a dedicated public right-of-way, all such petitions shall be accompanied by letters of notification in the following manner: a. A letter of notification for each property owner and resident within two hundred (200 feet from any and all points of the property in question shall be included for mailing by the Planning Department staff; b. The letter shall contain adequate information to notify such owners and residents of the specific request of the applicant as well as the time, date, and location of public hearing; C. Such letters are to be placed in unsealed, stamped and addressed envelopes ready for mailing. The return address of the Planning Department must appear on the envelopes; d. A list of all persons and their addresses to whom the letters are to I be sent must accompany all such applications; and e. Failure of any addressee of such letter of notification to receive same shall not in any way invalidate or affect subsequent action on the petition for rezoning. 64 1 7.2 Action by the Planning Board Planning Board Consideration - The Planning Board shall consider and make recommendations to the County Commissioners concerning each proposed zoning amendment. The Planning Board shall review any proposed amendment at a regularly scheduled meeting held and advertised in accordance with its Rules of Procedure then in effect. In lieu of separate consideration, the Planning Board may review an amendment in a joint meeting with the County Commissioners at a public hearing held in conformity with the requirements of Section 7.3 of this Ordinance. 7.3 Action by the County Commissioners Notice and Public Hearing - No amendment shall be adopted by the County Commissioners until after public notice and hearing. Notice of public hearing shall be published once a week for two (2) successive calendar weeks in the local newspapers. The notice shall be published the first time not less than ten days nor more than 25 days before the date fixed for the hearing. Public notice may also be posted on the property concerned indicating the proposed change and date of public hearing. Action by County Commissioners - Before taking such lawful action as it may ' deem advisable, the County Commissioners shall consider the Planning Board's recommendation on each proposed zoning amendment. ' A. Petitions for amendment that receive favorable recommendation of the Planning Board, or petitions on which the Planning Board fails to make its ' recommendation within thirty (30) days after the Planning Board's public hearing, shall be' scheduled for public hearing before the County Commissioners. Such public hearing shall be duly advertised. ' B. Petitions for amendments that receive an unfavorable or adverse recommendation of the Planning Board may be appealed within ten (10) ' days of the date of such adverse decision to the County Commissioners by filing with the Clerk of the Board a notice, in writing, stating therein the action of the Planning Board and the amendment requested. Before taking ' action on any proposed amendment, the County Commissioners shall hold a public hearing. Public Hearings on proposed zoning amendments will be held at such times as the County Commissioners shall decide. 7.4 Resubmission of a Denied Petition ' No resubmission of a denied petition may be submitted within six (6) months of its previous denial. A petition which is withdrawn after action by the Planning Board, but before action by the County Commissioners, shall not be resubmitted prior to a period ' of six (6) months from the date of original submission to the Planning Board. 65 ARTICLE VIII: BOARD OF ADJUSTMENT 8.1 Creating the Board of Adjustment The Craven County Board of Commissioners shall provide for the appointment of the Craven County Board of Adjustment (hereinafter called the Board). Insofar as possible, members of the Board shall be appointed as follows: at least one (1) resident of the area which is zoned shall be appointed to the Board; however, the Board shall consist of a minimum of five (5) members. Insofar as possible, initial appointment to the Board shall be as follows: one-third (1/3) for a term of three (3) years; one-third (1/3) for a term of two (2) years; and one-third (1/3) for a term of one (1) year. Two (2) alternate members may be appointed for a term of three (3) years to serve in the absence of regular members. The successor to the regular and the alternate members shall be appointed for three (3) year terms. Vacancies shall be filled for the unexpired term only. Members of the Board of Adjustment may be removed for cause by the County Commissioners upon written charges and after public hearing. 8.2 Meetings The Board shall elect one of its members as Chairman and another as Vice -Chairman who shall serve for one (1) year. The Building Inspector shall serve as secretary to the Board of Adjustment. The Board shall draw up and adopt the rules of procedures under which it will operate. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence, the Acting Chairman, may administer oaths. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or his absence or failure to vote, indicating such fact, and also keep records of its examination and any other official action. 8.3 Filing and Notice for an Appeal Appeals from the enforcement and interpretation of this Ordinance and appeals for variances may be taken to the Board of Adjustment by any person aggrieved or by any office, department, board or bureau of the County affected. Notice of an appeal to the Board of Adjustment shall be filed with the Building Inspector. An appeal stays all proceedings in furtherance of the action from, unless the Building Inspector files a Certificate stating that by reason of facts stated in the Certificate a stay would, in his opinion, interfere with enforcement of the Ordinance because the violation is transitory in nature, or would cause imminent peril to life and property. The Building Inspector shall have one (1) copy of said certificate delivered by registered mail or by personal service to the applicant and to each member of the Board within ten (10) calendar days from the date the appeal is filed with the Building Inspector. The Certificate shall also be placed on file in the office of the Building Inspector for public inspection, and recorded in the minutes of the next meeting of the Board. Where said Certificate is filed by the Building Inspector, proceedings in furtherance of the original order shall not be stayed F� 1 1 otherwise than by a restraining order, which may be granted by a court of record in Craven County Hearing of the Appeal: After receipt of notice of an appeal, the Board Chairman shall schedule the time for a hearing, which shall be at a regular or special meeting. Notice: At least one (1) week prior to the date of the hearing, the Building Inspector shall furnish all adjoining property owners with written notices of the hearing. Notice of Public Hearing shall be published once a week for two (2) consecutive calendar weeks in the local newspaper. Public notice may also be posted on the property concerned indicating the proposed change and date of public hearing. Fees for Appeal Variances: A fee to be established by the County Commissioners shall be paid by Craven County, North Carolina, to cover the necessary administrative costs and advertising expenses. 8.4 Powers and Duties The Zoning Board of Adjustment shall have the following powers and duties: A. To hear and decide appeals where it is alleged by the appellant that there is error in any decision made by the Building Inspector or other administrative officials in the carrying out or enforcing of any provision of the Ordinance. A concurring vote of four -fifths (4/5) of the members of the Board shall be necessary to reverse, wholly or partly, any such decision. B. To authorize upon appeal in specific cases such variances from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Ordinance. A concurring vote of four -fifths (4/5) of the members of the Board shall be necessary to grant a variance. A variance from the terms of this Ordinance shall not be granted by the Board unless and until the following findings are made: 1. That special condition and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, 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; 67 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other land, structures, or buildings in the same district. 8.5 Appeal from the Board of Adjustment An appeal from the decision of the Zoning Board of Adjustment shall be subject to review by the Superior Court by proceedings in the nature of certiorari. Any petition for review by the Superior Court shall be filed with the Clerk of Superior Court within thirty (30) days after the decision of the Board is filed in the Office of the Clerk to the Board, or after a written copy thereof is delivered to every aggrieves party who has filed a written request for such copy with the Clerk or Chairman or the Board at the time of the hearing of the case, whichever is later. .: ' ARTICLE IX: LEGAL PROVISIONS ' 9.1 Provisions of Ordinance Declared to be Minimum Requirements ' The provisions of this Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this Ordinance are at variance with the requirements of ' any other lawfully adopted regulations, the most restrictive, or that imposing the higher standards, shall govern. 1 9.2 Complaints Regarding Violations Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any ' person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Building Inspector. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this ' Ordinance. ' 9.3 Penalties for Violation Violation of the provisions of this Ordinance or failure to comply with any of its ' requirements shall constitute a misdemeanor and shall be punishable pursuant to the provisions of NCGS 14-4 which provides that violation of a County Ordinance is a misdemeanor punishable by either a maximum fine of fifty dollars ($50.00) or ' imprisonment for not more than 30 days as amended. Each day such violation continues shall be considered a separate offense. ' The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, or maintains such violation may each be found guilty of a separate offense and suffer the ' penalties herein provided. In addition to an injunction, the County may petition the court to enter an order of ' abatement as part of the judgment in the cause. Such petition may request that buildings or other structures on the property be closed, demolished or removed; that fixtures, furniture or other chattel be removed from buildings on the property; that grass and weeds be cut; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with this Ordinance. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he may be cited for contempt and the County may execute the order of abatement. If the County executes the order, it has ' a lien on the property, in the nature of a mechanic's or material man's lien, for the costs of executing the order. 69 Nothing herein contained shall prevent Craven County from taking such other lawful action as is necessary to prevent or remedy any violation. 9.4 Approval of the Craven County Health Department The Building Inspector shall not issue a building permit for any structure which requires the Craven County Health Department's approval for the installation of a sewage disposal system until such approval has been granted by the Craven County Health Department. Evidence of approval shall accompany the application for a building permit. 9.5 Separability Clause Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decisions shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. 9.6 Effective Date This Ordinance shall take effect and be in force from and after its adoption by the County Commissioners of Craven County, North Carolina, this day of 1995. 70 wolloi3 ;uawnooQ MaN III I I I I I I I I III I 1 11 111 1111111111111 LARGE SCALE RESIDENTIAL DEVELOPMENT ORDINANCE 1985 lease do not remove!!!!! Division of Coastal Management LARGE SCALE RESIDENTIAL DEVELOPMENT ORDINANCE OF CRAVEN COUNTY, NORTH CAROLINA The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resources Management, National Oceanic and Atmospheric Administration. 1985 Table of Contents Page I. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A. Title . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. Authority . . . . . . . . . . . . . . . . . . . . . . . . . 1 C. Purpose . . . . . . . . . . . . . . . . . ... . . . . . . . 1 D. Requirements . . . . . . . . . . . . . . . . . . . . . . . . 1 E. Objectives . . . . . . . . . . . . . . . . . . . . . . . . 2 II. Procedure for Site Plan Approval . . . . . . . . . . . . . . . . 5 A. Sketch Plan . . . . . . . . . . . . . . . . . . . . . . . . 5 1. Contents . . . . . . . . . . . . . . . . . . . . . . . . 5 2. Review . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. Site Plan . . . . . . . . . . . . . . . . . . . . . . 6 1. Submission and Contents . . . . . . . . . . . . . . . . . 6 2. Certification . . . . . . . . . . ... . . . . . . . . . . 13 a. Certificate of Owne 1sp and Dedication . . . . . . . 13 b. Certificate of Land Surveyor or Professional Engineer . . . . . . . . . . . . . . . . 14 c. Certificate of Approval of Street Plans . . . . . . . 15 d. Certificate of Approval of Water Supply and Sewage Treatment System . . . . . . . . . . . . . 15 3. Review . . . . . . . . . . . . . . . . . . . . . . . . . 15 a. Review by Other Agencies . . . . . . . . . . . . . . 15 b. Review by the Planning Board . . . . . . . . . . . . 16 c. Review by the Board of Commissioners . . . . . . . . 17 d. Approval, Time Limitations, Amendments . . . . . . . 18 ii Page III. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 A. Reference Points . . . . . . . . . . . . . . . . . . . . 19 B. General Standards . . . . . . . . . . . . . . . . . . . . . 20 C. Suitability of Land . . . . . . . . . . . . . . . . . . . . 24 D. Surface Water Drainage . . . . . . . . . . . . . . . . . . . 24 E. Development Name . . . . . . .. . . . . . . . . . . . . . . 25 F. Street/Road Names and Signs . . . . . . . . . . . . . . . . 25 G. Solid Waste Collection . . . . . . . . . . . . . . . . . . . 26 H. Utility and Other Easements . . . . . . . . . . . . . . . . 26 I. Water and Sanitary Sewer Systems . . . . . . . . . . . . . . 27 J. Streets . . . . . . . . . . . . . . . . . . . . . . . . . . 27 K. Densities . . . . . . . . . . . . . . . . . . . . . . . . . 29 L. Consumer Protection . . . . . . . . . . . . . . . . . . . . 31 IV. Administration and Enforcement . . . . . . . . . . . . . . . . . 33 A. Records, Minutes, Etc., Budgetary Requirements . . . . . . . 33 B. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . 33 C. Conflict with the Craven County Code . . . . . . . . . . . . 33 D. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 E. Violations . . . . . . . . . . . . . . . . . . . . . . . . . 33 V. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . 35 VI. Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . 38 iii I. GENERAL A. Title This ordinance shall be known as the Large Scale Residential Development Ordinance of Craven County. B. Authority The Board of Commissioners of Craven County do hereby adopt this ordi- nance under the authority of the General Statutes of North Carolina. C. Purpose The purpose of this ordinance is to establish procedures and standards for large-scale development within the county in order to protect the health, safety and general welfare and to, among other things, ensure proper legal description, identification, monumentation and recordation of real estate boundaries; further the orderly layout and appropriate use of land; provide safe, convenient and economic circulation of vehicular traffic; provide suitable building sites which drain properly and are readily accessible to emergency vehicles; assure the proper installation and maintenance of roads and utilities; and help conserve and protect the physical and economic resources of the county. It is the intent of this ordinance that it supplement and not supplant the zoning and subdivision ordinances of Craven County. D. Requirements 1. Any development which will result in the construction of more than four dwelling units on a single parcel of land must have a Site Plan for that development approved by the Board of Commissioners in accordance with the terms of this Ordinance before the construction 1 of any of the improvements in the development may be started and before a building permit for any of the structures contained within the development may be issued. 2. No development which contains more than four dwelling units, the construction of which was started after the adoption of this Ordinance, may be used or occupied until a Certificate of Occupancy has been lawfully issued which includes a finding by the Administra- tor of this Ordinance that the development and the structures within it comply with the approved Site Plan. 3. If the proposed development involves the subdivision of land, the portion of the development to be subdivided must comply with the Subdivision Ordinance of Craven County. If the proposed development is within the jurisdiction of the Zoning Ordinance of Craven County, it must comply with it. E . Objectives In reviewing a Site Plan the Planning. Board and the Board of Commis- sioners shall consider the health, safety and welfare of the public in general and the immediate neighborhood in particular, and may pre- scribe reasonable conditions and safeguards to ensure the accomplishment of the following general objectives: 1. Land Use Plan. The Site Plan shall be in conformance with the Land Use Plan. 2. Public Safety. All buildings, structures, equipment, and material shall be readily accessible for fire and police protection. 3. Traffic Access. All proposed traffic accessways shall not create traffic hazards and shall be adequate in number; adequate in width, grade, alignment, and visiblity; adequate in distance from street 2 corners, places of public assembly and other accessways; and adequate in design for other similar safety considerations. 4. Circulation and Parking. Adequate off-street parking and loading spaces shall be provided to prevent on -street traffic congestion; all parking spaces, maneuvering areas, entrances, and exits shall be suitably identified; the interior circulation shall be designed to provide safe and convenient access to all structures, and/or parking spaces; and pedestrian movement within and adjacent to the property is encouraged by the installation of sidewalks, paths, and walkways. 5. Landscaping and Screening. The landscaping of the site shall comply with the purpose and intent of this ordinance; existing trees shall be preserved to the maximum extent possible; and parking and service areas shall be suitably screened during all seasons of the year from the view of adjacent residential districts. 7. Public Health. All utility systems shall be suitably located, adequately designed, and properly installed to serve the proposed development, to protect the property and adjacent areas from adverse air, water, or land pollution, and to preserve and enhance the environmental quality of the surrounding neighborhood. 8. Environmental Features. The development of the site shall preserve sensitive environmental land and water features such as slopes and wetlands and preserve scenic views, historically significant features, and Areas of Environmental Concern designated under authority of the Coastal Area Management Act. 9. Neighborhood Character. The location and size, of any proposed use, building or structure, as well as the nature and intensity of opera- tions involved in or conducted in connection therewith, shall be in 3 general harmony with the character of the surrounding neighborhood, and shall not be hazardous or otherwise detrimental to the appropriate and orderly development or use of any adjacent land, building, or structure. 4 II. PROCEDURE FOR SITE PLAN APPROVAL A. Sketch Plan 1. Contents. The developer shall submit to the Planning Board, at least fifteen (15) days prior to a regularly scheduled meeting of the Planning Board, nine (9) copies of a sketch plan of the proposed development containing the following information: a. A sketch map of the vicinity of the proposed development showing its location in relation to neighboring tracts, subdivisions, roads, and waterways; b. The boundaries of the tract to be developed; c. The total acreage to be developed; d. The existing and proposed buildings and use of land within the development and the existing buildings and uses of land adjoining i t; e. The proposed street layout with approximate pavement and right- of-way width, parking areas and, if applicable, lot layout and size of lots; f. The name, address, and telephone number of the owner and, if applicable, a written and acknowledged statement of the owner designating the developer or other person to act as his agent for the submission of the Site Plan; g. The name, if any, of the proposed development; h. Streets and lots of adjoining developed or platted properties; i. If applicable, the zoning classification of the tract and of adjacent properties; 5 J. The location and type of Areas of Environmental Concern in the tract to be developed and in adjacent tracts; k. The general soil conditions on the tract. 2. Review. The Planning Board shall review the sketch plan for general compliance with the requirements of this ordinance and other appli- cable policies. B. Site Plan 1. Submission and Contents. After the Planning Board has reviewed the sketch plan, the developer shall submit to the Planning Board, at least fifteen (15) days prior to a regularly scheduled meeting of the Planning Board, nine (9) copies of a Site Plan of the development at a scale of one inch to one hundred feet, drawn on a sheet or sheets not more than twenty-four by thirty-six inches nor less than eight and a half by fourteen inches and shall have a half -inch border. The Site Plan shall be prepared by a professional engineer or land surveyor currently licensed or registered by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors and shall show or have attached to it a document showing the following information: a. Title Block containing: - Property Designation - Name of owner - Location, including township, county and state - Date or dates survey was conducted and plan prepared - A scale of drawing in feet per inch listed in words, figures, and a bar graph. - Name, address, registration number and seal of the land surveyor and/or professional engineer. b. A map of the area within approximately one-half mile of the proposed development showing the relationship between the proposed development and the surrounding area. c. Corporate limits, township boundaries, county lines if on the development tract. d. The names, titles, firm association, addresses, and telephone numbers of all owners, developers, planners, architects, and engineers responsible for the development as well as the regis- tration numbers and seals of the professional engineers and land surveyors. e. North arrow and orientation. f. Boundary lines of and within the tract to be developed, fully dimensioned by the lengths and bearings, and the location of existing boundary lines of adjoining lands. g. The names of owners of adjoining properties. h. The names of any adjoining developments, subdivisions of record, proposed or under review. i. Minimum building setback lines, front, side and rear, if applicable. J. The zoning classifications.of the tract to be developed and adjoining properties (if area is not zoned, that shall -be indicated). k. Existing buildings or other structures, water courses, bridges, culverts, storm drains, both on the land to be developed and land adjoining. 7 1. Sufficient information to show how the physical improvements associated with the proposed development relate to existing or proposed development on adjacent properties. m. Proposed lot lines, lot and block numbers, and dimensions. n. Wooded areas, marshes, swamps, mean high tide lines, vegetation lines, ponds or lakes, streams or streambeds and any other natural features including Areas of Environmental Concern existing on or affecting the site. o. Flood hazard and floodway areas, as shown on the current Federal Emergency Management Agency Flood Hazard maps for the County, shall be shown on the Plan and labeled as such. p. The following data concerning streets: - Proposed streets - Existing and platted streets on adjoining properties and in in the proposed development - Rights -of -way, location and dimensions - Pavement widths - Approximate grades - Design engineering data for all corners and curves - Typical street cross sections - Street names - Type of street dedication; all streets must be designated either "public" or "private" - Appropriate documents dealing with ownership and maintenance of public and private streets. 11 q. The location and dimensions of all: - Riding trails - Natural buffer areas - Pedestrian or bicycle paths. r. The proposed location, general use, dimensions, number of floors, height and the net and gross floor area for each building and, where applicable, the number, size and type of dwelling units. - Parks and recreation areas with specific type indicated - School sites - Areas to be dedicated to or reserved for public use - Areas to be used for purposes other than residential with the purpose of each stated - The proposed ownership and maintenance of recreation and open space lands, trails, paths, etc. s. The plans for utility layouts including: - Sanitary sewers - Storm sewers - Other drainage facilities - Water distribution lines - Natural gas lines - Telephone lines - Electric lines - Cable television lines - Utility easements - Illustrative connections to existing systems, line sizes, the location of fire hydrants, blowoffs, manholes, force mains and gate valves, etc. 9 t. Plans for individual water supply and sewage disposal systems. u. Profiles based upon mean sea level datum for sanitary sewers and storm sewers v. Site calculations including: - Acreage in the entire tract - Acreage in the portion of the tract to be developed - Acreage in parks and recreation areas, Areas of Environmental Concern, and other non-residential uses, by category - Total number of parcels created - Linear feet in streets - Number of dwelling units, square footage, and bedrooms - Number and square footage of other buildings w. The name and location of any property or buildings within the proposed development or within any contiguous property that is located on the U.S. Department of Interior's National Register of Historic Places. x. Sufficient engineering data to determine readily and reproduce on the ground every straight or curved line, street line, lot line, right-of-way line, easement line, and set -back line, including dimensions, bearings, or deflection angles, radii, central angles, and tangent distance for the center line or curved property lines that are not the boundary line of curved streets. All dimensions shall be measured to the nearest one -tenth of a foot and all angles to the nearest minute. y. The accurate locations and descriptions of all monuments, elevations, markers and control points. z. A copy of any proposed deed restrictions or similar covenants. 10 aa. A copy of the document or documents for the creation and continued operation of the home owners, land owners, or similar association of the consumers of the development. bb. Topographic map when it is determined by the Planning Board that one is needed, with contour intervals and scale as determined by the Planning Board. cc. Approximate boundaries of all Areas of Environmental Concern designated in accordance with the Coastal Area Management Act of 1974. dd. If any portion of the development is within an Area of Environmental Concern, the following shall be placed on the plan: Some portions of this development are located in Areas of Environmental Concern. Individual permits may be required before development may take place in these areas. ee. All certifications and approvals required by state law including proof that when improved in accordance with the Site Plan the public streets and roads will be eligible for inclusion in the state system in accordance with Section 136-102.6 of the General Statutes of North Carolina or, if private, will comply with the same standards except for stipulated exceptions. ff. If the development is to be developed in phases, the boundaries of each phase, the sequence in which each is to be developed, and the relevant data for each. gg. Adequate traffic control devices along such vehicular travel lanes or driveways to control parking on such. 11 hh. Adequate drainage system for the disposition of storm and natural waters to include, when required, storm water retention devices. ii. Temporary and permanent erosion and sediment control measures. jj. Location, type, J line of sight distances, and complete dimensions of vehicular entrances to the site. kk. Location, type, size, and height of fencing retaining walls, and screen planting where required under the provisions of this Ordinance. 11. All off-street parking, loading spaces, and walkways, indicating type of surfacing, size, angle of stalls, and width of aisles. mm. Figures indicating the following for the entire development and for each phase of the development: - Gross and net acreage - Net density - Buiding heights - Amounts and percentages of the different categories of common open space - Number of parking spaces required and provided. If the development is proposed to be developed in phases, all the above figures shall be indicated for each phase. In addition, the method(s) used to determine all the above shall be clearly demonstrated. nn. An inventory and evaluation of the soil and water resources within the proposed development. oo. If the development is within the service area of any public or private water supply system, a statement from the chief executive of the system indicating the ability of the system to serve the 12 proposed development and if the proposed development may be connnected to that system. 2. Certification. The following signed and acknowledged certificates or required portions thereof shall appear on all copies of the Site Plan: a. Certificate of Ownership and Dedication I hereby certify that I am the owner of the property shown and described hereon, which is located in the County of Craven and that I hereby adopt this Site Plan with my free consent, estab- lish building location, and dedicate all streets, alleys, walks, parks, and other sites and easements to public or private use as noted. Furthermore, I hereby dedicate all sanitary sewer, storm sewer and water lines to the County of Craven. Date Owner hereby certify that personally appeared before me this day and acknowledged the due execution of this certificate. Witness my hand and official seal this the day of , A.D. 19 Signature Official Seal State of North Carolina Craven County 13 b. Certificate of Land Surveyor or Professional Engineer I, certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (deed descrip- tion recorded in Book , Page , Book , Page , etc.) (other); that the ratio of precision as calculated by latitudes and departure is 1: ; (that the boundaries not surveyed are shown as broken lines plotted from information found in Book , Page ;) that this map was prepared in accord- ance with G.S. 47-30, as amended; and that the prescribed reference points have been properly placed. Witness my hand and seal this day of , A.D. 19 Registered Land Surveyor Professional Engineer Official Seal Registration Number I, , hereby certify that personally appeared before me this day and acknowledged the due execution of this certificate. Witness my hand and official seal this the day of , A.D. 19 Official Seal Signature 14 c. Certificate of Approval of Street Plans The District Highway Engineer must review and stamp the plat with the Department of Transportation Certificate on Proposed Public Streets. d. Certificate of Approval of Water Supply and Sewage Treatment System I hereby certify that this water supply and/or sewage treatment system proposed for installation herein meets the requirements of the North Carolina Division of Health Services and where appro— priate the Division of Environmental Management and the Craven County Health Department, and are hereby approved as shown. Date Director Division of Environmental Health Craven County Health Department e. Certificate of Local Coastal Area Management Officer This Site Plan conforms to the standards of the North Carolina Coastal Area Management Act of 1974 (and is not located within an Area of Environmental Concern) (and all or a part of the site is located within an Area of Environmental Concern, the location(s) of which is (are) shown on the Site Plan). Date 3. Review Permit Officer a. Review by Other Agencies. The Planning Board will submit the Site Plan to appropriate state agencies and other offices of the County for their review and recommendations. 15 b. Review by the Planning Board - During its review of the Site Plan, the Planning Board may, with the consent of the Board of Commissioners, retain a Registered Land Surveyor or Registered Engineer to verify the accuracy of the Site Plan. If substantial errors or major engineering problems are found, the costs of the services of the surveyor or engineer shall be charged to the developer, and the Site Plan shall not be recommended for approval by the Planning Board until such errors or problems have been corrected and the charges paid. - After reviewing the Site Plan and considering any report and/or recommendations received in addition to any comments which the developer may have, the Planning Boad shall recommend to the Board of Commissioners that the Site Plan be approved or disapproved. - If the Planning Board recommends disapproval of the Site Plan, the reasons for such action shall be stated, and recommenda- tions made on the basis of which the proposed development could be approved. - Failure of the Planning Board to act within forty-five days after the Site Plan is submitted to the Planning Board shall constitute a recommendation for approval by the Planning Board. - If the Planning Board recommends approval of the Site Plan, the Chairman of the Planning Board shall execute the following certificate and transmit the Site Plan to the Board of Commissioners for their consideration: 16 The Craven County Planning Board has reviewed this Site Plan and recommends its approval by the Board of Commissioners. Date Chairman, Craven County Planning Board c. Review by Board of Commissioners — The Board of Commissioners shall approve or disapprove the Site Plan. — If the Board of Commissioners disapproves the Site Plan, the reasons for such action shall be stated and recommendations made on the basis of which the proposed development could be approved. — Failure of the Board of Commissioners to act within forty—five days after the Site Plan has been forwarded to them by the Planning Board shall constitute approval by the Board of Commissioners. — If the Board of Commissioners approves the Site Plan, two copies of the Plan shall be certified as follows: The Craven County Board of Commissioners hereby approves this Site Plan. Date Chairman, Craven County Board of Commissioners one copy shall be returned to the developer, and one copy shall be retained by the County. 17 d. Upon approval of the Site Plan by the Board of Commissioners the developer may proceed with the installation of improvements and other development approved as a part of the Site Plan. If it is determined by the Planning Board that development is taking place in violation of the Site Plan and this Ordinance, the approval shall be void. If, twelve months after the Site Plan has been approved by the Board of Commissioners, the developer has not made substan- tial progress with the installation of improvements as determined by the Planning Board, the Site Plan shall be void. The Planning Board may grant an additional twelve (12) months for the installation of improvements if the developer applies for such extension in writing before the expiration of the intial period and has begun to install the required improve- ments and has made substantial progress in doing so. The progress of required improvements must be verified by the Planning Board. Application for Site Plan modifications or changes to an approved Site Plan shall be made in the same manner as the original application. 18 III. STANDARDS Each development shall comply with the objectives and the standards of this ordinance as minimums and shall contain the improvements specified which shall be installed and paid for by the developer. Land shall be dedicated or reserved as required. A. Reference Points Prior to the approval of the Site Plan, permanent reference points shall have been placed in accordance with Sections 29-32.1 et sere . of the General Statutes of North Carolina and the following requirements: 1. Corner tie. At least one corner of the development shall be desig- nated by course and distance (tie) from a readily discernible refer- ence marker. 2. Monuments. Within each block of a development at least two monuments designed as control corners shall be installed. Additional monuments shall be used when necessary. Monuments shall be constructed of concrete with steel reinforcing rods running their entire length and shall be at least four inches in diameter or square and not less than three feet in length. Each monument shall have imbedded in its top or attached by a suitable means a metal plate of noncorrosive material and marked plainly with the point, the surveyor's registra- tion number and the words "monument" or "control corner." A monument shall be set at least thirty inches in the ground with at least six inches exposed above the ground, unless this requirement is imprac- tical because of vehicular traffic or other factors. Elevation above 19 sea level shall be shown on the metal plate on at least one of the monuments. B. General Standards 1. The design of the development shall preserve the natural terrain, natural drainage, existing topsoil, trees and natural vegetation to the maximum extent possible. 2. All development shall be designed to minimize risk from natural hazards, such as flooding, erosion, wind, storm surge, and wave action. 3. All developments shall locate and construct public utilities and facilities such as sewer, gas, electrical and water systems to minimize risk from flood, erosion and other natural hazards.. 4. All development, improvements, structures and utilities shall comply with the applicable Areas of Environmental Concern (AEC) Standards and any other rules promulgated pursuant to the Coastal Area Management Act of 1974. 5. Blocks. The lengths, widths, and shapes of blocks, the location of buildings, recreational facilities, and other improvements, shall be determined with due regard to: provision of ,adequate building sites suitable to the special needs of the type of use contemplated; requirements of the Zoning Ordinance of Craven County; needs for vehicular and pedestrian circulation; control and safety of street traffic; limitations and opportunities of topography; and convenient access to water areas. If there are more than four proposed structures fronting on a highway, a frontage road may be required. Where deemed necessary by the Planning Board, a pedestrian walk may be required to provide convenient access to a public area such as a park or school, to a water area, or to areas such as shopping centers, religious or transportation facilities. 6. Non-residential Building Sites and Structures. The size, shape and orientation of building sites and structrues for other than residen- .tial purposes shall be such as the Planning Board deems appropriate for the type of development and use contemplated. 7. Buffers. Architectural and landscape elements that provide a logical transition to adjoining existing or permitted uses shall be provided. 8. Exterior Spatial Relationships. The three-dimensional airspace created by the arrangement of structures and landscape shall produce spatial relationships that function with the intended use and occu- pancy of the project and are compatible with the development or zon- ing in the adjoining area. Spacing between buildings shall provide ample (not less than twenty-five feet) access for emergency equipment. 9. Size. Size of proposed structures shall be compatible with surrounding proposed or existing structures. 10. Circulation. Pedestrian and auto circulation shall be separated insofar as is practicable, and all circulation systems shall ade- quately serve the needs of the develoment and be compatible and func- tional with circulation systems outside the development. 11. Parking Areas. Parking areas shall include not less than 3.0 parking spaces for each dwelling unit in the proposed development and shall 21 be designed to appropriately relate to the development, its environs, and adjacent properties. 12. Storage Areas for Boats and Trailers. Storage areas for boats and trailers shall be screened and designed to appropriately relate to the development, its environs and adjacent properties. An adequate number of spaces shall be provided based on the nature of the development and the number of dwelling units but not less than one for every three dwelling units. 13. Trash Containers. Trash containers shall be screened and designed to be conveniently accessible to their users. 14. Landscape. Landscape shall be preserved in its natural state insofar as is practicable by minimizing tree removal, grading and filling. Landscape shall be used to enhance architectural features, visually screen incompatible uses, and block noise generated by major roadways and intense -use areas. Buffer strips or areas, such as planting, berms, fencing and the like, may be required. 15. Open Space. Open space and recreation area designations and reser- vations may be required by the Planning Board to preserve natural areas, stream beds, historic sites, wetlands, Areas of Environmental Concern, and other similar areas. Such designations and reservations of open space and recreation area may be prescribed by easements, reservations, dedication or other appropriate means. Flood plains, flood hazard areas and areas within the regulatory flood zones may be included in such reservations and designations. The developer shall submit specific arrangements for the perpetual management and responsibility of the designated open space and recreation area. 22 16. Common Open Space. Common open spaces shall be provided, appropriate to the needs of the particular type of development. Common open space shall relate to any natural characteristics in such a way as to preserve and enhance their scenic and functional qualities to the fullest extent possible, shall be located and developed to be accessible by all residents of the development, and clearly define the physical structuring of the units. 17. Private Open Space. Open space intended for the private use of each individual dwelling unit should be located and designed to maximize its utility to the dwelling unit it serves and maximize its privacy, especially in relation to adjacent dwelling units. 18. Privacy. Aural and visual privacy shall be considered in the design of the development. 19. Architectural Characteristics. Site design and building design should minimize flood and storm damage. 20. Energy and Water Conservation. The design of the site and buildings shall conserve energy and water. 21. Purpose and Intent. The proposed development must fulfill the pur- pose and intent of this ordinance. 22. Any building over two stories in height shall be equipped with a sprinker system in accordance with industry standards for the type of structure, and each dwelling unit shall have two means of egress, one of which shall be exterior, designed to be fire escapes. 23. Planning Studies. Design or planning studies accepted or approved by the Board of Commissioners that include development patterns or environmental design criteria which apply to the development proposal under review shall be utilized in the plan review process. 23 24. Telephone, electric and cable television service within the development shall be installed underground. C. Suitability of Land Areas that have been used for disposal of solid waste shall not be developed unless tests by the County Health Department, a structural engineer and a soils expert determine that the land is suitable for the purpose proposed. Land which the Planning Board finds to be unsuited for development due to improper drainage, topography, soil characteristics, ground water elevation, susceptibility to flooding, or other constraints imposed by the natural environment shall not be developed, unless adequate methods are utilized to correct the unsuitable conditions or all the area requirements of the ordinance are met by each building site without including the unsuitable land in the calculation. Any land -disturbing activity, as defined in Section 113A-52 of the General Statutes of North Carolina, shall be accomplished in accordance with the requirements of Article 4 of Chapter 113A of the General Statutes of North Carolina. Detailed information about the suitability of the soil for development will be submitted by the developer upon the request of the Planning Board. D. Surface Water Drainage System The developer shall provide a surface water drainage system which will drain the entire development into an adequate outlet. 1. No surface water shall be channeled or directed into a sanitary sewer. 2. Where feasible, the developer shall connect to an existing storm drainage system. 24 3. Where an existing storm drainage system cannot feasibly be extended to the development, a surface drainage system shall be designed to protect the proposed development from water damage. 4. Surface drainage ditches shall be constructed according to the standards of the U.S. Soil Conservation Service and the Craven County Health Department and shall be of sufficient size to accommodate the drainage area without flooding and be designed to comply with the standards and specifications for erosion control of the North Carolina Sedimentation Pollution Control Act. 5. Streambanks and channels downstream from any land disturbing activity shall be protected from degradation by erosion caused by runoff from the land disturbing activity in accordance with the North Carolina Sedimentation Pollution Control Act. 6. All dams or impoundments, regardless of size, within the development must comply with the North carolina Dam Safety Law. 7. All special flood hazard areas shall have adequate drainage to reduce flood damage. 8. Storm water drainage systems shall not empty directly or indirectly into a nursery area as defined by the North Carolina Division of Marine Fisheries or into any other similar saline estuary serving as or supporting a nursery area. E. Development Name The name of the development shall not duplicate nor closely approximate the name of an existing subdivision or development within Craven County. F. Street/Road Names and Signs Streets and roads shall be named and such names shall be indicated on 25 signs designed, constructed and placed in accordance with existing policy of Craven County. G. Solid Waste Collection The Planning Board may require, for each twenty-five dwelling units, a site, not exceeding four hundred (400) square feet, which is easily accessible by conventional containerized waste collection vehicles, to be reserved for the location of solid waste containers for solid waste collection. Each site shall be improved with pavement or other permanent material to ensure unimpeded ingress and egress by waste collection vehicles. A. Utility and Other Easements Easements shall be provided as follows: 1. Easements for underground or above ground utilities shall be provided where necessary, across lots or centered on rear or side lot lines and shall be at least ten (10) feet wide for water and sanitary sewer lines and as required by the utility companies involved, for telephone, gas and power lines. The Planning Board will determine whether one easement is sufficient or whether several easements are necessary to accommodate the various facilities and the developer shall provide the required easements. 2. A crosswalk or accessway easement no less than eight (8) feet in width shall be provided when such is required by the Planning Board. 3. Where a development is traversed by a watercourse, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such M. watercourse. The easement or right-of-way shall be sufficiently wide to handle storm water flows and run off and shall include a twelve foot wide maintenance accessway along one side which connects to a public road at appropriate intervals. I. Water and Sanitary Sewer Systems Each building site shall be provided with an extension of the county water system at the developer's expense if in the judgment of the Craven County Board of Commissioners there is adequate unused capacity in the system to serve the development and the existing system is sufficiently close to the development to make such an extension feasible. All building sites not connected to municipal or county water and/or sanitary sewer systems must have a suitable source of water supply and sanitary sewage disposal, which complies with the regulations of the Craven County Health Department and with the applicable laws of the State of North Carolina. J. Streets 1. Public Streets. All building sites shall abut on a public street, except as provided in subsection two of this section. All public streets shall be dedicated to the public and shall be built in accordance with the North Carolina Department of Transportation minimum construction standards for public streets and roads necessary to be put on the state highway system. An executed maintenance agreement with provisions for maintenance of the street until it is put on the state highway system shall be included with the final plat. 27 2. Private Streets. The Board of Commissioners may permit building sites to abut on private streets only on the recommendation of the Planning Board following a determination by the Planning Board, in which the Board of Commissioners concurs, that the protection of environmental and/or aesthetic values would be best served by a street and/or right-of-way which is narrower than required by the North Carolina Department of Transportation. Private streets shall be built to the standards of this ordinance and to the North Carolina Department of Transportation minimum construction standards for public streets and roads, with the exception of the width, grading, and clearance of the right-of-way and the width of the pavement required which may be modified when doing so and only to the extent that doing so will clearly protect environmental and/or aesthetic values and will not endanger or diminish the public health, safety, and welfare as determined by the Planning Board and the Board of Commissioners. The ownership of the streets shall be conveyed to a home or lot owners' association or similar organization. The developer must submit evidence that the ultimate owner of the streets will be institutionally and fiscally capable of maintaining the streets and rights -of -way to the specified standards in perpetuity. The devel- oper must agree to maintain the streets until the owner organization is fully functional and must agree to contribute to that organization its share of the maintenance for that portion of the development retained by the developer or successor. A copy of the maintenance agreement and the documents creating the association or similar organization shall be included with the Site Plan. 28 The Site Plan, the uniform covenants and each deed conveying dwelling units or building sites in the development shall plainly indicate that the streets are privately owned and their maintenance is the responsibility of the owners' organization in perpetuity. 3. Street Disclosure Statement. All streets shown on the Site Plan shall be designated in accordance with North Carolina state law and designation as public shall be conslusively presumed an offer of dedication to the public. Where streets are dedicated to the public but not accepted into the state highway system, a statement explaining the status of the street shall be included with the Site Plan. 4. Conformity of Proposed Streets to Existing Maps or Plans. The loca- tion and width of all proposed streets shall be in conformity with official plans or maps of the County. 5. Continuation of Existing Streets. The proposed street layout shall be coordinated with the existing road system of the surrounding area and where possible, existing principal streets shall be extended. 6. Access to Adjacent Properties. Where in the opinion of the Planning Board, it is desirable to provide access to an adjoining property, street rights -of -way shall be dedicated to the public to the boundary of such property. K. Densities 1. All lots in the development shall conform to any zoning requirements of the district in which the development is located. 2. Lots shall meet any applicable Craven County Health Department and State of North Carolina requirements. The following are the minimum lots sizes allowable: 29 a. Residential lots in areas served by community water and sewage systems shall have a minimum of 8,000 square feet in area of usuable land. b. Residential lots served by either a community water or sewer system shall contain 15,000 square feet of usuable land. c. Residential lots lacking both community water and sewer systems shall contain a minimum of 20,000 square feet of usuable land. 3. The following minimum lot dimensions shall apply: Building set -back Lot size line 20,000 sq. feet 30' 15,000 sq. feet 30' 8,000 sq. feet 25' Width at set -back line Side yard Rear yard 75' 10, 15' 75' 10, 15' 60' 8' 15' 4. Corner lots shall have width sufficient to permit building setback of at least 20 feet from side streets. 5. All lots shall have at least 35 feet of front frontage. 6. Double frontage lots shall be avoided wherever possible. 7. The density requirements of this ordinance may be modified by the Planning Board when, in the judgment of the Planning Board, the site plan provides adequate public spaces and improvements for circula- tion, recreation, light, air, and service needs of the development when fully developed and occupied, and also provide covenants or other legal instruments, to assure conformity to and achievement of the Development Plan. Where a modification is authorized, the reasons for such shall be noted in the minutes of the Planning Board. Density modifications will be permitted only when a community or public sanitary disposal is provided and will be allowed only with 0 30 the approval of the Craven County Health Department. In no case may the densities exceed the following requirements: a. Detached single-family dwellings: Density (dwelling units per acre calculated from the minimum required lot size) may be increased if the character of the development warrants such increases provided that in no case shall the density increase to be more than thirty-three percent (33%) in excess of the density which would be achieved without any modification in the require- ments. The area remaining from the reduced lot size shall be utilized for open space and/or recreational purposes. b. Apartments and Town Houses: The number of units per acre shall be based on the following formula: 1,500 sq. feet of land for each 1-bedroom unit 1,900 sq. feet of land for each 2-bedroom unit 2,300 sq. feet of land for each 3-bedroom unit 2,700 sq. feet of land for each 4-bedroom unit The maximum project area covered by such developments shall not exceed forty percent (40%) of the -total project area. L. Consumer Protection. 1. Each prospective purchaser must sign the following statement before executing an agreement to buy an interest in real property within the development: Risks of Buying Land The future value of any land or real estate is uncertain and dependent upon many factors. Do not expect all land to increase in value. Any value which your property or real estate may have will be affected if the roads, utilities, and all proposed improvements are not completed. 31 Resale of your property may be difficult or impossible, since you may face the competition of our own sales program and local real estate brokers may not be interested in listing your property. Any subdivision will have an impact on the surrounding environment. Whether or not the impact is adverse and the degree of impact will depend upon the location, size, planning, and extent of development. Subdivisions which adversely affect the environment may cause governmental agencies to.impose restrictions on the use of the land. Changes in plant and animal life, air and water quality, and noise levels may affect your use and enjoyment of your property and your ability to sell it. In the purchase of real estate, many technical requirements must be met to assure that you receive proper title. Since this purchase involves a major expenditure of money, it is recom— mended that you seek professional advice before you obligate yourself. 2. The developer must disclose to the prospective purchaser any encumbrances that exist on any portion of the development. The prospective purchaser must sign such a disclosure before executing an agreement to buy an interest in real property within the development. 3. The developer must deliver or must be able to deliver a general warranty deed to each purchaser at the time of purchase. 32 IV. ADMIISTRATION AND ENFORCEMENT A. Records, Minutes, Budgetary Requirements The Board of Commissioners and the Planning Board shall provide for the appropriate keeping of records, minutes and other proceedings held with respect to the Planning Board's responsibility under the terms of this ordinance, and the Board of Commissioners may provide for such budgetary requirements as may be necessary in the administration of this ordinance. B. Amendments This chapter may be amended from time to time by the Board of Commissioners in accordance with the General Statutes of North Carolina. C. Conflicts with the Craven County Code Should the requirements of this ordinance conflict with other provisions of the Craven County Code, the more stringent requirements 'shall prevail. D. Fees A fee of one hundred and fifty dollars, or fifteen dollars for each dwelling unit in the proposed development, (whichever is greater) shall be paid to the County at the time the Site Plan is submitted to the Planning Board. E. Violations After the effective date of this ordinance any person who is the owner of land within the territorial jurisdiction of this ordinance, or is the agent of such owner, and who develops, or causes to be developed, any part of that land in violation of this Ordinance shall be guilty of a 33 misdemeanor and, upon conviction, subject to fine and/or imprisonment as provided by N.C.G.S. 14-4. 34 V. DEFINITIONS For the purpose of this ordinance, certain words or terms used herein shall be defined as follows: Acres, Gross. The total area within the boundaries of the tract of land and water to be a part of the proposed development; the entire area which is included in the site plan, measured in acres and parts of acres. Acres, Net. Gross acres less: 1. rights of way for roads and thorough- fares; 2. areas devoted to accessory structures or improvements, such as club houses, swimming pools, tennis courts, maintenance buildings, parking lots, commercial buildings including rental, sales, or management offices of the development; 3. areas of environmental concern and other areas which because of regulatory or policy constraints or because of constraints on development imposed by the natural environment are, in the judgement of the Planning Board, unbuildable. Block. A piece of land bounded on all sides by streets or other trans- portation routes such as railroad lines, or by physical barriers such as water bodies or public open space, and not traversed by a through street. Buffer Strip. An area fifty feet in width measured from the parameter of a residential lot or lots within a subdivision when such residential lot or lots are located adjacent to an office, institutional, commercial or indus- trial use area. No building or other structure shall be erected within the area of any such buffer strip; however, trees, shrubbery, or other landscaping design may be used therein. Building Setback Line. A line parallel to the front property line in front of which no structure shall be erected. Setbacks shall be figured from the right-of-way line. 35 Dedication. A gift, by the owner, or a right to use of land for a specified purpose or purposes. Because a transfer of property rights is entailed, dedication must be made by written instrument, and is completed with an acceptance. Easement. A grant by the property owner of a strip of land for a specified purpose and use by the public, a corporation, or persons. Lot. A portion of a subdivision, or any other parcel of land, intended as a unit of transfer of ownership or for development or both. Lot of Record. A lot which is part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds of Craven County prior to the adoption of this ordinance, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this ordinance. Official Maps or Plans. Any maps or plans officially adopted by the Craven County Planning Board. Open Space. An area (land and/or water) generally lacking in man-made structures and reserved for enjoyment in its unaltered state. Plat. A map or plan of a parcel of land which is to be, or has been subdivided, or otherwise developed. Private Driveway. A roadway serving two (2) or fewer lots, buildings sites, or other division of land and not intended to be public ingress or egress. Private Street. An undedicated private right-of-way which affords access to abutting properties. 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 Natural Resources and Community Development. 36 Public Water Distribution System. A system serving two (2) or more dwelling units and approved by the Craven County Health Department and/or the North Carolina Department of Human Resources. Recreation Area or Park. An area of land or combination of land and water resources that is developed for active and/or passive recreation pur- suits with various man-made features that accommodate such activities. Reservation. A reservation of land does not involve any transfer of property rights. It simply constitutes an obligation to keep property free from development for a stated period of time. Street. A dedicated and accepted public right-of-way for vehicular traffic or a private road as permitted by this ordinance. The following classifications shall apply: Street -Local Residential. Cul-de-sacs, loop streets less than 2,500 feet in length, or streets less than one mile in length that do not connect thoroughfares, or serve major traffic generators, and do not collect traffic from more than 100 dwelling units. Cul-de-sac. A short street having but one end open to traffic and the other end being permanently terminated and a vehicular turnaround provided. Frontage Road. A local street or road that is parallel to a full or partial access controlled facility and functions to provide access to adjacent land. Alley. A strip of land, owned publicly or privately, set aside primarily for vehicular service access to the back or side of properties otherwise abutting on a street. 37 ARTICLE VI. EFFECTIVE DATE This ordinance is hereby adopted by the Craven County Board of Commissioners this the day of , 1985. ATTEST: CLERK TO THE BOARD BY: CRAVEN COUNTY BOARD OF COMMISSIONERS CHAIRMAN 38