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HomeMy WebLinkAboutUnified Development Orinance-1989 • UNIFIED OEUELOPIIENT ORDINANCE OF CURRITUCK COUNTY, NORTH CRROLIHR RPRIL 2, 1989 BORRO U CO11111 SS I ONERS Jerrg Old, Chairman Hilburn Saeger, Uice-Chairman Francis lia I ker 8. U. Evans, III narshail Cherrg ui111a■ S. Richardson, Countg (tanager H. 8. Briggs, Jr., Planning and Zoning Director CURRITUCK COUNTY UNIFIED OEUELOPIIENT ORDINANCE • Summary of Table of Contents Rrticle 1. General Provisions Rrticle 2. Density and Dimensional Regulations (Zoning Districts and Zoning Rtlas) Article 3. Streets and Sidewalks Rrticle 4. Parking Article 5. Screening and Trees Article 6. Utilities Article 7. Open Space and School Sites Article 0. Supplementary Use Regulations Rrticle 9. Permits and Final Plat Rpprovai • Article 10. Procedures for Review and Approval of PUO's Article 11. Procedures and Review and Rpproval of PRO'S Rrticle 12. Site Plans Required Rrticle 13. Permissible Uses Table of Permissible Uses Article 14. Conditional Uses Rrticle 15. Nonconforming Situations Article 16. Floodplains, Drainage, Storm Motor nonagement Rrticle 17. Signs Article 10. Building Codes Article 19. Administrative mechanisms Article 20. Zoning, Special Use and Conditional Use Permits Article 21. Appeals, Uariances, Interpretations Article 22. Hearing Procedures for Appeals and Applications Article 23. Enforcement and Review Article 24. Amendments Article 25. Basic Definitions and Interpretations Appendix A Appendix B Appendix C Appendix 0 Appendix E is 2 s TABLE OF CONTENTS ARTICLE 1 GENERAL PROUISIONS Section 101 Purpose Section 102 Title Section 103 Scope of Ordinance Section 104 Affected Territory Section 105 Conflict with Other Laws Section 106 Exemptions -Bona Fide Farms Exempt Section 107 Effective Date Section 108 Relationship to Existing Zoning, Subdivision, and Flood Control Ordinances. Section 109 Relationship to Land Use Plan. Section 110 No Use or Sale of Land or Buildings except in Conformity with Ordinance Provisions. Section 111 Fees Section 112 Severability Section 113 Computation of Time Section 114 Miscellaneous Section 115 Zoning Districts and Zoning Atlas Part I Zoning Districts Section 115.01 Residential Districts Established Section 115.02 Commercial Districts Established Section 115.03 Manufacturing Districts Established Section 115.04 Planned Unit Development Districts Established Section 115.05 Floodplain and Fioodway Overlay Districts Section 115.06 Mining Overlay District Section 115.07 Outer Banks Overlay District Part II. Zoning Atlas Section 115.10 Official Zoning Atlas (Map) Section 115.11 Amendments to Official Zoning Atlas 3 Section 116 Open Space not to be Encroached Upon Section 117 Every Lot must abut a Street or- Road Section 110 Dwelling more than One Per Lot/Detached Section 119 Location of Building Setback Lines on • irregularly shaped Lots Section 120 Mixed Uses Section 121 Fractional Requirements Section 122 Improvements Permit Required Section 123 Land Underwater -Wetlands Section 124 Lots Divided by District Lines ARTICLE 2 DENSITY AND DIMENSIONAL REGULATIONS Section 201 Minimum Lot Size. Section 202 Residential Density Section 203 Minimum Lot Uidths Section 204 Building Setback Requirements Section 205 Accessory Building and Sign Setback Requirements Section 206 Building Height Limitations Section 207 Common Open Space Subdivisions Section 208 Multi -Family Subdivisions • Section 209 Floor Area Ratios and Lodging Units Coverage Section 210 Maximum Lot by Buildings, Accessory Buildings, Parking and Impervious Surfaces Section 211 Miscellaneous•Provsions ARTICLE 3 STREETS AND SIOEURLKS Section 301 Public Streets -to Meet DOT Standards Section 302 Street Classification Section 303 Access to Lots Section 304 State Regulations Apply as to Access to Streets Section 305 Public Streets adn Private Roads in Subdivisions Section 306 Road and Street Requirements within the R02 District 4 Section 307 Roads and Streets in Private Access Subdivisions in the R02 District Section 300 Raods and Streets in Major Subdivisions in the R02 District Section 309 Road and Sidewalk Requirements in Unsubdivided Developments Section 310 Attention to Handicapped in Street and Sidewalk Construction Section 311 Street Homes and House Numbers Section 312 Bridges Section 313 Utilities Section 401 Section 402 Section 403 Section 404 Section 405 Section 406 Section 407 Section 408 Sect i on- 409 Section 410 Section 411 Section 412 Section 413 Section 414 ARTICLE 4 PARKING Definitions Number of Parking Spaces Required Flexibility in Administration Required Parking Space Dimensions Required widths of Parking Area Aisles and Driveways for Residential Uses General Design Requirements Uehicle Accommodation Area Surfaces Joint Use of Required Parking Spaces Satellite Parking Special Provisions For Lots with Existing Buildings Loading and Unloading Areas No Parking Indicated Hear Fire Hydrants Handicapped Parking Other Requirements SCREENING, BUFFER AND SHADING REQUIREMENTS Part I. Screening Section 501 Board Findings Concerning the Heed for Screening Requirements Section 502 General Screening Standard �1 Section 503 Compliance With Screening Standard Section 504 Descriptions of Screens Section 000 TaDie of Screening nequiremenxs Section 506 Flexibility in Administration Required Section 507 Combination Uses Section 508 Subdivisions Part 11. Shading Section 509 Board Findings and Declaration of Policy on Shade Trees Section 510 Required Trees Rlong Dedicated Streets Section 511 Retention and Protection of Large Trees Section 512 Shade Trees in Parking Areas Section 513 Protection of Trees During Construction ARTICLE 6 UTILITIES Section 601 Utility Ownership and Easement Rights Section 602 Lots Served by County Owned Water Lines Section 603 Sewage.Disposal Facilities Required ' Section 604 Determining Compliance with Section 603 Section 605 Water Supply System Required Section 606 Determining Compliance with Section 605 Section 607 Lighting Requirements Section 608 Excessive illumination Section 609 Underground Utilities Section 610 Utilities to be Consistent with Internal and External Development Section.611 Rs -Built Drawings Required Section 612 Fire Hydrants Section 613 Water Supply for Fire Protection in Developments Hot Served By Public Water Supply System Section 614 Sites for Screening of Dumpsters Section 615 Backwash or Discharge from Central Water System A u ARTICLE 7 OPEN SPRCE RHD SCHOOL SITES • Section 701 Open Space Section 702 Reserve Utility Open Space Section 703 Ownership and Maintenance of Required Open Space Section 704 Homeowners Associations Section 705 Fiexibilit0 in Administration Authorized Section 706 Reservation of School Sites ARTICLE 8 SUPPLEMENTARY USE REGULATIONS Section 801 Temporary Emergency, Construction or Repair Residences Section 802 Temporary Construction of Sales Office Section 803 Crobehedding Section 804 Camping and Campers • ARTICLE 9 PERMITS RHO FINAL PLAT APPROUAL Part I. Major Subdivision Review and Approval Procedures Section 900 General Section 901 Sketch Design Plan -Required Procedures, Submission Checklist and Review Procedure Section 902 Sketch Design Plan Submission Checklist ' Section 903 Sketch Design Plan Review Process Section 904 Preliminary Plat -Required Procedures, Submissions Checklist and Review Process Section 905 Preliminary Plat Submission Checklist Section 906 Preliminary Pat Review Process Section 907 Final Plat Required Procedures Submission Checklist and Review Process Section 900 Contents Section 909 Final Plat Review Process N Section 910 Plat Approval Not Acceptance of Dedication Offers Section 911 Protection Rgalnst Defects Section 912 Maintenance of Dedicated Areas until Acceptance Section 913 Acceptable Bond Terms and Methods Section 914 Authorization to File Section 915 Replotting or Resubdivisions of Land Partil Minor Subdivisions Requirements Review and Approval Process Section 916 Abbreviated Procedure for Minor Subdivisions Section 917 Special Procedure for Minor Plats Section 918 Preparation of Plats Section 919 Contents Section 920 Design Standards Section 921 Minor Subdivision Approval Section 922 Lands Exempt from Subdivision Regulations within this Ordinance Part III Private Access Subdivision Requirements, Review and Approval Process Section 923 Private Access Subdivisions Part IU Commercial/Mixed Use Subdivision Requirements, Review and Approval Process Section 924 Commercial/Mixed Use Subdivision Defined Section 925 Special Requirements ARTICLE 10 PLANNED UNIT DEVELOPMENT Section 1001 General Section 1002 Definition and Purpose Section 1003 Procedures for PUD Approval N, Section 1004 Design'Standards and Criteria/ Residential ARTICLE 11 PLANNED RESIDENTIAL DEUELOPMENT Section 1101 General Section 1102 Review and Approval Requirements ARTICLE 12 SITE PLANS REQUIRED Section 1201 General Section 1202 Residential Sit Plan Requirements Section 1203 Commercial Site Plan Requirements ARTICLE 13 • PERMISSIBLE USES Section 1301 Table of Permissible Uses Section 1302 Use of Designations Z, A, C in Table of Permissible Uses Section 1303 Board of Adjustment Jurisdiction Over Uses Otherwise Permissible With a Zoning Permit Section 1304 Permissible Uses and Specific Exclusions Section 1305 Accessory Uses Section 1306 Permissible Uses Not Requiring Permits Section 1307 Change in Use Section 1308 Combination.Uses Section 1309 More Specific Use Controls vo ARTICLE 14 3 COHO I T I OHRL USES Section 1401 ..Purpose of the Conditional Use Permit Section 1402 Administration of Requirements of Conditional Use Permits . Section 1403 General Standards Section 1404 Spectific Standards ARTICLE 15 HOHCOHFORMIHG SITUATIONS Section 1501 Definitions Section 1502 Continuation of Nonconforming Situations and Completion of Nonconforming Projects Section 1503 Nonconforming Lots Section 1504 Extension or Enlargement of Nonconforming Situations Section 1505 Repair, Maintenance and Reconstruction Section 1506 Change In Use of Property Where A Nonconforming Situation Exists Section 1507 Abandonment and Discontinuance of Nonconforming Situations Section 1508 Completion of Nonconforming Projects Section 1509 Amortization of Nonconforming Situations ARTICLE 16 FLOOOPLRIHS, DRAINAGE, STORM WATER MANAGEMENT Part I. Floodways and Floodplains Section 1601 Definitions Section 1602 Artificial Obstructions within Floodways Prohibited Section 1603 Permissible Uses Within Floodwaya Section 1604 Construction within Floodways and 10 Floodplains Restricted Section 1605 Special Provisions for Coastal High Hazard Zone (U Zones) Section 1606 Special Provisions for Subdivisions Section 1607 eater Supply and Sanitary Sever Systems in Floodvays and Floodplains Section 1608 Additional Duties of Administrator Related to Flood Insurance and Flood Control Section 1609 Floor Elevation or Flood -proofing Certification Required Section 1610 Location of Boundaries of Floodpiain and Floodvay Districts Section 1611 Regulations Do Not Guarantee Flood Protection Section 1612 Setbacks from Streams Outside Designated Floodplains Part 11. Drainage Erosion Control Storm eater Management n �J Section 1613 Natural Drainage System Utilized to Extent Feasible Section 1614 Developments Must Drain Properly Section 1615 Storm Uater Management Section-1616 Sedimentation and Erosion Control Article 17 SIGNS Section 1701 Definitions Section 1702 Signs Excluded From Regulation Section 1703 Certain Temporary Signs: Permit Exemptions and Additional Regulations Section 1704 Sign Permits Section 1705 Expiration of Permits Section 1706 Permit Revocation Section 1707 Initial Permit Fees Section 1708 Determining the Number of Signs Section 1709- Setback and Height Requirements Section 1710 Section 1711 Size, Spacing and other Requirements for Off - Premises Signs 11 Section 1712 Sign Illumination Section 1713 maintenance of Signs Section 1711 Unlawful Cutting of Trees and Shrubs Section 1715 M13ceIIanenou3 Restrictions and Prohibitions Section 1716 Nonconforming Signs ARTICLE 18 BUILDING INSPECTIONS AND PERMITS Section 1001 Regulatory Codes Adopted By Reference Section 1002 Inspection Procedure Section 1803 Administration ARTICLE 19 ROMINISTRATIUE MECHANISMS Part I. Planning Board Section 1901 Appointment and Terms of Planning Board Members Section 1902 meetings of the Planning Board Section 1903 Quorum and Uoting Section 1904 Planning Board Officers Section 1905 Powers and Duties of Planning Board Section 1906 Planning Issue Advisory Committees Part II. Board of Adjustment Section 1907 Appointment and Terms of Board of Adjustment Section 1908 Meetings of the Board of Adjustment Section 1909 Quorum Section 1910 Uoting Section 1911 Board of Adjustment Officers Section 1912 Powers and Duties of Board of Adjustment 12 0 Part III. Administrator • Section 1913 Administrator Part IU. Board of Commissioners Section 1914 The Board of Commissioners ARTICLE 20 ZONING, SPECIAL USE, AND CONDITIONAL USE PERMITS Section 2001 Permits Required Section 2002 No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled Section 2003 Who May Submit Permit Applications Section 2004 Applications To Be Complete Section 2005 Staff Consultation Before Formal Application Section 2006 Staff Consultation After Application Submitted Section 2007 Zoning Permits Section 2008 Authorizing Use or Occupancy before Completion of Development under Zoning Permit Section 2009 Special Use Permits and Conditional Use Permits Section 2010 Burden of Presenting Evidence, Burden of Persuasion Section 2011 Recommendations on Conditional Use Permit Application Section 2012 Recommendations on Special Use Permits Section 2013 Board Action on Special Use Permits Section 2014 Board of Adjustments Action on Conditional Use Permits Section 2015 Additional Requirements on Special Use and Conditional Use Permits Section 2016 Authorizing Use, Occupancy, or Sale before Completion of Development Under Special Use Conditional Use Permits Section 2017 Completing Developments in Phases Section 2018 Expiration of Permits 13 Section 2019 Effect of Permit on Successors and Assigns section 2ozo nmenaments to and noalticatlons of Permits Section 2021. Reconsideration of Board Action Section 2022 Applications to be Processed Expeditiously Section 2023 naintainence of Common Areas, Improvements and Facilities Section 2101 Section 2102 Section 2103 Section 2104 Section 2105 Section 2106 Section 2107 ARTICLE 21 APPEALS, URRIANCES, INTERPRETATIONS Appeals Uariances Uariances From Floodpiain or Floodmay Requirements Interpretations Requests To Be Heard Expeditiously Burden of Proof in Appeals and Uariances Board Action on Appeals and Uariances ARTICLE 22 HEARING PROCEDURES FOR APPEALS AND APPLICATIONS Section 2201 Hearing Required on Appeals and Applications Section 2202 Notice of Hearing Section 2203 Evidence Section 2204 Modification of Application at Hearing Section 2205 Record Section 2206 written Decision 14 ARTICLE Z3 ENFORCEMENT RHO REUIEW Section 2301 Complaints Regarding Uiolations Section 2302 Persons Liable Section 2303 Procedures Upon Discovery of Uiolations Section 2304 Penalties and Remedies for Uiolations Section 2305 Permit Revocation Section 2306 Judicial Review ARTICLE 24 Gl1:11,W01,111P Section 2401 Amendments In General Section 2402 Initiation of Amendments Section 2403 Planning Board Consideration of Proposed Amendments Section 2404 Hearing Required; Notice Section 2405 Board Rction on Amendments • Section 2406 Ultimate Issue Before Board of Rmendments Section 2407 Map Amendments Riong Major Arterials ARTICLE 25 BASIC DEFINITIONS RHO INTERPRETATIONS Section 2501 Definitions of Basic Terms RPPENDIK R INFORMRTION REQUIRED WITH APPLICATIONS R-1 In General R-2 Written Rpplication R-3 Development Site Plans R-4 Graphic Materials Required for Plans 15 R-5 Existing Natural, non -node and Legal Features R-6 Proposed Changes in Exlsting Features or Nee Features R-7 Documents and written Information in Addition to Plans A-8 Number of Copies of Plans and Documents APPENDIX B SPECIFICATIONS ON DRIUEURY ENTRANCES APPENDIX C SPECIFICATIONS FOR STREET DESIGN AND CONSTRUCTION C-1 DOT Standards Applicable APPENDIX D UEHICLE ACCOHHODATIOH AREA SURFACES 0-1 Paved Surfaces 0-2 Unpaved Surfaces APPENDIX E SCREENING AND TREES E-1 Guide for Protecting Existing Trees E-2 Standards for Street and Parking Lot Trees E-3 Formula for Calculating 20% Shading of Paved Uehicle Accommodation Areas E-4 Guide for Planting Tree* E-5 Typical Opaque Screens E-6 Typical Semi -Opaque Screens E-7 Typical Broken Screens E-8 Guide for Planting Shrubs E-9 Lists of Recommended Trees and Shrubs E-10 Small Trees for Partial Screening E-11 Large Trees for Evergreen Screening E-12 Large Trees for Shading E-13 Small Shrubs for Evergreen Screening E-14 Large Shrubs for Evergreen Screening E-15 Assorted Shrubs for Broken Screens 0 17 CL2C i,2- j f 6 0 u CURRITUCK COUNTY UNIFIED DEUELOPHENT ORDINANCE ARTICLE 1 GENERAL PROUISIONS Section 101. Purpose. 1. In accordance with G.S. 153A-340 [Zoning] the purpose of this Ordinance is to promote health, safety, morals and the general welfare. This Ordinance is adopted pursuant to the authority contained in North Carolina General Statutes Chapter 153A, Article 18 [Planning and Regulation of Development]; Chapter 143, Article 21, Part 6 [Floodwag Regulation], and Chapter 113A, Article 4 [Sedimentation Pollution Control]. • (a) whenever any provision of this Ordinance refers to or cites a section of the North Carolina General Statutes and that section is later amended or superseded, the Ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section; and, (b) these regulations are made In accordance with a with a comprehensive plan and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers; to prevent the overcrowding of land, to avoid undue concentration of population; and, to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. Section 102 Title. 1. This Ordinance shall be known and may be cited as the "Currituck County Unified Development Ordinance", and the map herein referred to, which is identified by the title "Currituck County Zoning Atlas" revised April 1989", shall be known and may be cited as such, sold map shall carry similar lines and boundaries as the map previously in effect, with changes.in the District designations as follows: A-30 becomes A RA-30 becomes RA R-30 becomes R RR-30 becomes RR 8-30 becomes GB M-30 becomes HM LM district is hereby established LB district is hereby established LB-H district is hereby established R01 district is hereby established R02 district is hereby established Section 103 Scope of Ordinance. This Ordinance regulates and restricts the height, number of stories, size of buildings and other structures, the percentage of the lot that may be occupied, the size of yards, courts and other open space, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence or other purposes; creates Districts for sold purposes and establishes the boundaries thereof; defines certain terms used herein; and provides for the method of administration and amendment, Board of Adjustment, and for the imposition of -penalties for violation. Section 104 Affected Territory. This Ordinance shall apply to all lands within the County of Currituck borders. Section 105 Conflict with Other Laws. When regulations made under authority of this Part require a greater width or size of yards or courts, or require a lower height of a building or fewer number or stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required In any other statute 1.2 or local Ordinance or regulation, the regulations made under authority of this Part shall govern. in the event this Ordinance conflicts with other provisions of local, state or federal law, that law which provides the greatest protection to environment and natural features shall govern. where that Intent is not'ciear from a 'superficial reading of the Ordinance and laws, that law or Ordinance which is most restrictive shall apply. Section 106 Exemptions. Bona Fide Farms Exempt. 1.. The provisions of this Ordinance shall not apply to Bona Fide Farms, except that: (a) farm property used for non -farm purposes shall not be exempt from regulation; and, (b) the provisions of Rrticle 16, Part I of this Ordinance, regulating development in the Floodways and Fioodplains, as required for participation in the National Flood Insurance Program, shall apply to Bona Fide Farms. • 2. For purposes of this Ordinance, a Bona Fide Farm is any tract or tracts of land, one of which must contain at least ten (10) acres, which meets the following criteria: (a) on such property an owner is actively engaged In a substantial way in the commercial production or growing of crops, plants, livestock, or poultry; and, (b) such property has produced or yielded, during each of the three (3) immediately preceding years, a gross income from the above -described commercial production or growing of crops, plants, livestock, or poultry (including payments received under Soil Conservation or Land Retirement Programs, but not land rents paid to a non-resident owner) of at least $1,000. 3. Uses exempted from regulation shall include any dwelling 1.3 which is or will be the permanent residence of the owner or owner -occupant of the farm, the permanent residence of the son, daughter, mother, father, grandfather, or grandmother of the owner or the permanent residence of the individual and his/her family where the individual earns at least seventy-five percent (75%) of his/her income from employment on the farm. Section 107 Effective Date. The provisions in this Ordinance were originally adopted and became effective on Roril 2 1M. Any lots in any subdivision or Planned Unit Developments shown upon the Plats which have been approved by the Planning Board, not including areas termed "future development sites" or the like, shall be considered nonconforming in that they mill not be required to comply with the terms of this Ordinance but shall be required to comply with the terms of the previously existing Zoning regulations, Zoning Ordinance and Subdivision Regulations as such Zoning Ordinance and Subdivision Regulations were in effect on January 1, 1989. • Section 108 Relationship to Existing Zoning, Subdivision and Flood Control Ordinances. To the extent that the provisions of this Ordinance are the same in substance as the previously adopted provisions that they replace In the County's Zoning, Subdivision, or Flood Control Ordinances, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a lawful nonconforming situation under the previously adopted Zoning Ordinance does not achieve lawful nonconforming status under this Ordinance merely by the repeal of the Zoning Ordinance, Section 109 Relationship to Land Use Plan. It is the intention of the Board that this Ordinance implement the planning policies adopted by the Board for the County as reflected in the Land Use Plan and other planning documents, 1.4 While the Board reaffirms its commitment that this Ordinance and any amendment to it be in conformity with adopted planning • policies, the Board hereby expresses its Intent that neither this Ordinance nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document, except to the extent that consistency between the Plan and Ordinances that affect areas of environmental concern is required by G.S. 113R-111 [Effect of Land Use Plan]. Section-110 No Use or Sale of Land or Buildings Except in Conformity with Ordinance Provisions. 1. No person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this Ordinance except in nonconforming situations as described In Rrticle 15 of this Ordinance, 2, For purposes of this Section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land. Section 111 Fees. 1. Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for Zoning Permits, Sign Permits, Conditional Use Permits, Special Use Permits, subdivision plat approval, Zoning amendments, Uariances and other administrative relief. The amount of the fees charged shall be as set forth in the County's budget or as established by resolution of the Board filed in the office of the County Manager. 2. Fees established in accordance with Subsection (1) shall be paid upon submission of a signed application or Notice of Rppeal. 0 1.5 Section 112 Severability. • It is hereby declared to be the Intention of the Board that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Ordinance since the same would have been enacted without the Incorporation into this Ordinance of such unconstitutional or invalid section, paragraph, sentence, clause or phrase. Section 113 Computation of Time. 1. Subject to Subsection (3), the -time within which an act is to be done shall be computed by excluding the first and Including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded. When the period of time prescribed Is less • than seven (7) days, intermediate Saturdays, Sundays, and holidays shall be excluded. 2. Whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served by mail, three (3) days shall be added to the prescribed period. 3. Whenever the Administrator or other person is required to take certain action (e.g., mailing or publishing a notice) on or before a specified number of days prior to the occurrence of an event (e.g., a public hearing), then in computing such period, the day of the event shall not be included but the day of the action shall be included. For example, if notice of a public hearing Is required to be published at least ten (10) days before the hearing, then notice published on the first of the month would be satisfactory for a hearing on 1.6 0 the eleventh. The provisions of Subsection (1) of this Section shall not apply to this Subsection. Section 114 Miscellaneous. 1. Re used in this Ordinance, words importing the masculine gender include the feminine and neuter. 2. Words used In the singular In this Ordinance Include the plural and words used in the plural Include the singular. Section 115 Zoning Districts and Zoning Was Part I. Zoning Districts Section 115.01 Residential Districts Established. 1. The following residential districts are hereby established; A, RA, R, RO1, R02 and RR. Each of these districts is designed and intended to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from Incompatible and disruptive activities. Other objectives of some of these districts are explained in the remainder of this Section. 2. The A (Agricultural) district is designed to secure the agricultural integrity of the areas so classified. The uses encouraged in this district are agricultural or related to.and dependent on agriculture. This district also includes vacant lands whose soils -are unsuitable for development with septic systems. 3. The RA (Mixed Residential) district is designed to provide for mixed residential development on the mainland Including site built, modular, double -wide and (in existing mobile home subdivisions and mobile home parks) single -wide mobile homes. This district is intended to provide moderate cost housing options for residents and to restrict the encroachment of mixed residential types In other districts, and to restrict the encroachment of 1.7 0 0 n LJ Incompatible business uses (farm related or other)) in established residential areas. 4. The R (Basic Residential) district is designed to provide for low density residential development on the mainland in areas that do not intrude into areas primarily devoted to agriculture. 5. The R01 (Outer Banks Standard Residential) district is designed to accommodate residential development (other than mobile homes) within the portion of the Currituck Outer Banks that is accessible by a state maintained road. 6. The R02 (Outer Banks Limited Access Residential) district is designed to accommodate low density residential development within the portion of the Currituck Outer Banks that is not accessible by a state maintained road. 7. The RR (Residential/Recreational) district is designed to provide .for some existing campgrounds and camper subdivisions and is retained for the purpose of regulating these existing uses. It is not intended that this use be expanded. Section 115.02 Commercial 0istricts Established. 1. The following commercial districts are hereby established; GB, LB, and LBH. These districts are created to accomplish the purposes and serve the objectives set forth in the remainder of this Section. 2. The GB (General.Business) district is the least restricted commercial district and 13 designed to accommodate the widest range of business uses. 3. The LB (Limited Business, no hotel) district is designed to accommodate smaller scale businesses that primarily serve local clientele rather than regional needs. Land will generally be zoned LB when (1) because of its location (e.g.) at the intersection of two State maintained highways), it is undesirable as a site for 1.8 residential development and (ii) there is a demand for commercially zoned property at that*=location. 4. The LBH (Limited Business, hotels allowed) district is similar to the LB district except that hotels are allowed In this district. Section 115.03 Manufacturing Districts Established. 1. The LM (Llght Manufacturing) and HM (Heavy Manufacturing) districts are hereby established primarily to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment. The two districts are distinguished in that certain types of manufacturing uses that tend to have significant adverse Impacts on surrounding properties are excluded from the LM district and are made permissible only within the HM district. These uses are listed in Article 13. 2. There Is also established a Planned Industrial Development (P.I.D.) Zoning District. The purpose of this district is to provide for the possibility of well planned and large scale Industrial development in otherwise undeveloped areas that have not previously been zoned for industrial use. The district is thus a "floating zone," i.e., it is not applied to particular property except in response to a petition submitted by or on behalf of the owner or owners of all of the property Intended to be covered by such zone. The district is subject to the following requirements: (a) the area to be zoned P.I.D. must be at least fifty (50) contiguous acres in size and have at least 100 feet of frontage along a major arterial road (US Highways 158 and 168 only.); (b) as indicated in the Table of Permissible Uses Article 13, a Planned Industrial Development (use classification 33.000 is the only permissible use In a P.I.D. Zoning District; and, 1.9 (c) subject to subdivision (b) of this Subsection, and consistent with the restrictions contained in the • definition of a Planned Industrial Development, land within a P.I.D. zone may be used in a manner that would be permissible if the land were zoned LM, except that the only permissible uses are those described in the 2.130 and 4.100 classifications. Section 115.04 Planned Unit Development Districts Established. 1. There are hereby established six (6) different Planned Unit Development MI.I.D.) districts as described in this Section. Each P.U.D. district is designed to combine the characteristics of one (1) or two (2) Zoning Districts: (a) one (1) element of each P.U.D. district shall be the residential element. Here there are three (3) possibilities, each one corresponding either to the R, RR; or RO1 Zoning Districts described in this Article, Section 115.01. Within that portion of the P.U.D. zone that is developed for residential • purposes, all development is bound to and must comply with all other residential requirements except for lot size requirements; and, (b) a second element of each P.M. district shall be the commercial element. Here there are two (2) possibilities, each one corresponding either to the LB or LBH Zoning Districts described in this Article, Section 115.02. Within that portion of a P.U.D. district that is developed for a commercial purpose, all development is bound to and must comply with all other commercial requirements except for lot size requirements. 2. In accordance with the description set forth in Subsection (1), the six (6) P.U.D. districts shall carry the following designations to indicate their component elements: • 1.10 R/LB RA/LB RO1/LB R/LBH RA/LBH RO1/LBH • 3. A P.U.D. district containing a RO1 component may not be applied to property on the Currituck mainland, and no land within the R02 Zoning District may be rezoned to any P.U.D. classification. 1. no area of less than ten (10) contiguous acres may be zoned as.a P.U.O. district, and then only upon the request of the owner or owners of all the property Intended to be covered by such zone. 5. As indicated In the Table of Permissible Uses (Article 13), a Planned Unit Development (use classification 28.000) is the only permissible use of a P.U.D. zone and Planned Unit Developments are permissible only in such zones. 6. Planned Unit Developments are subject to the requirements set forth in Article 10. 7. P.U.O's shall be allowed only on the Currituck Outer Banks from the Dare County Line northward to the Poplar Branch-Fruitviile Township Line and all lands between. Section 115.05 Floodplain and Floodwag Overlay Districts. The Floodplain (FP) and Floodway (FU) districts are hereby established as overlay districts, and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted In the applicable overlay district. The Floodplain and Floodway districts are further described in Part I of Article 16 of this Ordinance. Section 115.06 Mining Overlay District. 1. The Mining (M) overlay district is hereby established as a "floating zone" since the precise location of areas within which mineral extraction (Including quarrying, • open -pit drilling; tunneling, etc.) should be encouraged cannot generally be predetermined. Ulthin this district, the applicant may use property in accordance with the regulations applicable to the underlying Zoning District, except that the property may also be used for mining purposes upon issuance of a Conditional Use Permit by the Board of Adjustments. (See Article 14). is 2. Before the Mining overlay district classification Is applied to any property, the applicant for rezoning shall first have obtained a Mining Permit from the appropriate state and federal agencies. A copy of such Permit together with such documents as were required to obtain such Permit, Including, but not limited to, any site plans, operations plans, approved reclamation plans and .any maps, shall be attached to the petition for rezoning. Section 115.07 - Outer Banks Overlay District. 1. The Outer Banks (08) overlay district is hereby established. The land so classified may be used in a manner permitted in the underlying district only If and to the extent such use is also permitted by the provisions of this overlay district. The purpose of the Outer Banks overlay district is to preserve and protect unique aspects of the Outer Banks area that do not exist elsewhere In Currituck County, as well as to provide protection from potential hazards associated with the Outer Banks environment. Any use or development of property situated In the Outer Banks overlay district shall be subject to the following restrictions: (a) use or placement of metallic underground storage tanks is prohibited. State or Federal approved fiberglass tanks may be installed underground and State or Federal approved metallic storage tanks may be installed above ground. Upon the Installation of any underground tank, a building Permit must be acquired, and a survey prepared by a 1.12 North Carolina Registered Land Surveyor must be obtained which shows the exact location of such • tank, which survey must be recorded In the Office of The North Carolina Register of Deeds prior to the final inspection. Water storage tanks are a permitted use provided the above cited requirements are met (survey recorded); (b) no development or use of the significant dunes (any dune which is twenty-five (25) feet or more In height above sea level) known as Lewark's Hill or Three Sister's Hill (located on the west side of HC 12) may occur; (c) no development or use of property containing any significant dunes) may occur until the Rdmin13trator is assured that: (1) no public or private street will be located In relation to a significant dune such that -the street is likely to be damaged by erosion or become hazardous due to infiltration of sand; and, • (2) no property may be subdivided so as to create lots that, If developed, would be endangered by the natural migration of sand from a significant dune or would damage or otherwise impair the natural state of the dune (including its evolutionary growth and movement and its natural vegetation). (d) any person seeking to subdivide, develop or otherwise use any property containing a significant dune or likely to be effected by a significant dune must present to the Administrator a statement from a licensed geologist containing a geological analysis of the likely impact of the significant dune upon the proposed use or development and certifying whether the conditions set forth in Subsection (c) above are satisfied, given the proposed plans for development; 1.13 (e) If, after the statement required in Subsection (d) above has been submitted, the permit issuing authority concludes that enforcement of the requirements of Subsection (b) above mould unduly restrict the property owner's reasonable use of the property, less restrictive means of preserving the significant dune(s) and protecting future development from its hazardous effects shall be recommended. Such property owner shall employ the alternative that will cause the least possible damage or disruption to the significant dunes) without unduly restricting the reasonable use of the property provided all CAMR and Federal regulations are adheared to. Alternatives to the requirements of Subsection (c) above shall include but are not limited to: (1) avoiding removal or disruption of any existing vegetation on or around the significant dune; (2) stabilizing the significant dune by planting and maintaining vegetation especially • designed to provide stabilization (See UNC Sea Grant Publication 82-05); (3) decreasing the size of the significant dune; and, (4) removing the significant dune, where no other method of minimizing Its potentially hazardous impact of the proposed use or development is feasible. (f) no person may remove sand from a significant dune, whether in connection with the development or use of the property upon which the significant dune -is located, or in connection with the use or development of any other property, or for any other reason. • 1.14 0 ZONINO ATLAS PART II: ZONING ATLAS Section 115.10 Official Zoning Atlas (nap). 1. There shall be a map known and designated as the Official Zoning Atlas which shall show the boundaries of all Zoning Districts within the County where this Unified Development Ordinance Is being enforced. This map shall be drawn on acetate or other durable material from which prints can be made, shall be dated, and shall be kept in the Planning Department of the County. 2. The Official Zoning Atlas dated April 2, 1989 is adopted and incorporated herein by reference. Amendments to this map shall be made and listed in accordance with Article 24. 3. Should the Official Zoning Atlas be lost, destroyed, or damaged, the Administrator may have a new map drawn on acetate or other durable material from which prints can be made. No further Board authorization or action is required so long as no district boundaries are changed in this process. Section 115.11 Amendments to Official Zoning Atlas. 1. Amendments to the Official Zoning Atlas are accomplished using the some procedures that apply to other amendments to this Ordinance, as set forth in Article 24. 2. The Administrator shall update the Official Zoning Atlas (nap) as soon as possible after amendments to it are adopted by the Board. Upon entering such amendment on the map, the Administrator shall change the date of the map to indicate its latest revision. New prints of the updated map may then be issued. 3; No unauthorized person may alter or modify the Official Zoning Atlas (nap). 1,15 C 4. The Rdministrator shall keep copies of superseded prints of the Zoning Was for historical reference In a location such that they can be retrieved within not more than one (1) working day. Section 116 Open Space Not to be Encroached Upon. The minimum yards or other spaces or off-street parking or loading space required by this Ordinance including provisions regulating the Intensity of use, for each and every building hereafter erected or structurally altered, shall not be encroached upon or considered as meeting the yard or open space requirements for any other building. Section 117 Every Lot Must Abut a Street or Road. No building, structure, or use of land for other than agricultural purposes shall be established on a Iot which does not abut a State'.maintained street or road, or an improved subdivision street meeting state standards for design and construction, or meeting the requirements of a Private Access Subdivision street (other than lots located within the R02 District). Section 118 Dwelling, More Than One Per Lot/Detached. 1. R second dwelling on a lot is permitted.in all districts provided that the following criteria are met: (a) the lot must have double the minimum road frontage on a State maintained street or approved, Improved subdivision street and square footage equal to twice the minimum specified for the zone in which It is located; (b) structures and dwellings must be located on the property such that the lot could be divided into two (2) lots with adequate square footage, frontage and setbacks as specified for the zone In which it is located; and, 1,16 0 0 (c) dwellings must each be provided with independent well and septic systems, or independently connected to central water and sewer. Section 119 Location of Building Setback lines on Irregularly Shaped Lots. The locations of front, side and rear building setback lines on irregularly shaped lots shall be determined by the Administrator based upon the spirit and and intent of the district regulations. Section 120 nixed Uses. Mhen two (2) or more uses occupy the same building, the more restrictive requirements applicable to any such uses in the district which the lot is located shall apply to such buildings. Section 121 Fractional Requirements. When any requirement of this Ordinance results'in a fraction of a unit, the fraction shall be disregarded. Section 122 Improvements Permit Required. Prior to the Issuance of Zoning and Building Permits, verification must be submitted by the applicant that the lot will be served by either a State approved package plant or public sewer facility or a waste -treatment system complying with the requirements of the Currituck County Health Department. (This requirement shall not apply to camper lots In existence on the effective date of this Ordinance, where the electrical power is interrupted on a seasonal basis and an Electrical Permit is required prior to resumption of power). Evidence of the securing of an Improvements Permit shall not constitute evidence of compliance with requirements of any district or zone in this Ordinance or the overlay zones referred to above. 1.17 Section 123 Land Underwater -Wetlands. Land that is defined as "wetlands" or determined to be is "wetlands" by the state or federal government or submerged or regularly under water or intended in the future to be in such condition in canals, sounds, streams, ocean, etc. shall not be Included in the area of any lot or parcel of land for purpose of meeting minimum square footage of a lot or for the purpose of meeting any open space requirements of this Ordinance. Section 124 Lots Divided by District Lines. 1. Whenever a single lot two (2) acres or less in size is located within two (2) or more different Zoning Districts, the district regulations applicable to the district within which the larger portion of the lot lies shall apply to the entire lot. 2. Whenever a single lot greater than two (2) acres In size is located within two (2) or more different Zoning Districts: (a) if each portion of the lot located within a separate district is equal to or greater than the minimum lot size for that district, then each portion of the lot shall be subject to all the regulations applicable to the district In which it Is located; or, (b) If any portion of the lot located within a separate district is smaller than the minimum lot size for that district, then such smaller portion shall be regarded as If It were in the same Zoning District as the nearest larger portion to which it is attached. 3. This Section applies only to lots created on or before the effective date of this Ordinance unless the Board of Adjustment in a proceeding under Section 2104 to determine district boundaries, concludes that a lot established after the effective date of this Ordinance was not created to bring additional lot area within a • 1. 18 0 more intensive Zoning District, or otherwise to take unfair or unwarranted advantage of the provisions of this Section. 1.19 • • 0 RRT I CLE 2 DENSITY AND DIMENSIMI. REGULATIONS Section 201 Minimum Lot Size. 1. Subject to the remaining provisions of this Section and the provisions of Article 11 (Planned Residential Developments), Article 10 (Planned Unit Developments), Section 207 (Common Open Space Subdivisions) and Section 208 (Multi -Family Subdivisions); every lot in every Zoning District shall have or contain at least 30,000 square feet. 2. For purposes of this and the following Section, land that is submerged or regularly under water or intended in the future to be In such condition in canals, sounds, streams, ocean, CRMA wetlands, etc. shall not be included In the area of any lot for purpose of meeting minimum square footage requirements. • Section 202 Residential Density. 1. Subject to Subsections (2) and (3) and the provisions of Sections 207 and 208 and except as otherwise authorized In the context of a Planned Residential Development (see Article 11) or Planned Unit Development (see Article 10): (a) every lot developed for residential purposes In any district under any circumstances shall have or contain at least 10,000 square feet, subject to the minimum lot size where the particular type of subdivision which may be greater than 10,000 square feet; (b) every lot developed for residential purposes in the RO1 district, except lots within Planned Residential Developments, Planned Unit Developments or Common Open Space Subdivisions, shall have or contain a minimum lot size of 40,000 square feet; 2. 1 6 • • (c) every lot developed for residential purposes In the R02 district, except lots within Planned • Residential Developments, Planned.Unit Developments or Common Open Space Subdivisions, shall have or contain a minimum lot size of 120,000 square feet; (d) each lot developed for residential purposes in any other districts except lots within Planned Residential Developments, Planned Unit Developments and Common Open Space Subdivisions shall have or contain a minimum lot size of 30,000 square feet; and, (a) CAMA Metlands shall not be included when calculating permissible density under this Section or any other Section in this Ordinance. 2. The densities set forth In this Section are permissible only if and to the extent that water and sewer facilities or will be made available to serve the proposed density in accordance with the provisions of Article 6 of;this Ordinance (Utilities) or if water and.sewer.facilities are not available to serve the proposed density, then such density shall be limited by the availability of conventional individual water wells and septic systems, being approved for the particular lot or parcel. In addition, nothing in this Section shall be interpreted as authorizing a type of use (e.g., multifamily) In a district (e.g., R, RO1 or R02) where such uses are ;not . permitted under the Table of Permissible Uses. 3. In determining the number of dwelling units or bedrooms permissible on a tract of land fractions shall be dropped (There shall be no fractional bedrooms). 4. In any residential subdivision, for purposes of determining the number of lots that may be created, any lot Intended for development with a single-family detached dwelling unit shall contain 30,000 square feet. Single family homes containing any number of bedrooms may be constructed on any single family lot. 2, 2 5. H building that, before the effective date of this Ordinance, (1) was designed and used as a single-family detached dwelling unit and (11) contained at least 2,000 • square feet of heated floor area may be converted into a two-family dwelling without regard to the minimum area per dwelling unit and minimum area per bedroom requirements of Subsection (1), but subject to the following: (a) the off-street parking requirement of Article 4 must be satisfied; (b) if the lot does not contain the minimum number of square feet required under Subsection (1), the building may not be enlarged In the conversion process to an extent greater than ten percent (10%) of the heated floor area of the original building; (c) the lot may not be divided in any way that would make it non -conforming with the requirements of Subsection (1), or increase the extent of such nonconformity; and, (d) the lot contains a minimum of 30,000 square feet or • if the lot is to be separated from a larger tract the lot must contain at least 60,000 square feet. Section 203 Minimum Lot Widths. 1. No lot may be created that i3 so narrow or otherwise so irregularly shaped that it would be impracticable to construct on It a building that: (a) could be used for purposes that are permissible in that Zoning District; and (b) could satisfy any applicable setback requirements for that district. 2. A lot width of 100 feet, subject to'provisions of Section 203 (4) below, is required for any lot containing 30,000 square feet or more and shall be deemed presumptively to satisfy the standard set forth in Subsection (1). The 2.3 lot width shall be measured at the front building setback line as set forth by'the County in this Ordinance, Table of Setback Requirements. The developer may establish • front, side and rear setbacks which are more restrictive or further from adjoining lot lines or roads than those set forth in this Ordinance, but a developer may not set setbacks which are less restrictive than this Ordinance, 3, After the effective date of this Ordinance no lot that is less than the recommended width shall be entitled to a Uariance from any building setback requirement. 4. No lot that has direct access to a pre-existing state maintained road or street may be created after the effective date of the Ordinance unless such lot has at least 125 feet of frontage along such state maintained road or street. Section 204 Building Setback Requirements. 1, Subject to Sections 205 and 208 and the other provisions of this.Section, no portion of any building or any sign maybe located on any lot closer to any lot line or to a street than is authorized in the Table set forth below: (a) if the street right-of-way line is readily determinable (by reference to a recorded map, set Irons, or other means), the street setback shall be measured from such right-of-way line. If the right-of-way line is not so determinable, the street setback shall be measured from the street centerline and 'fifty (50) feet shall be added to the street setback distance set forth in the Table below. It shall be the responsibility of the applicant to obtain a certified established right- of-way line from N,C,D,O,T, or North Carolina registered surveyor; (b) as used in this Section, the term "lot boundary line" refers to lot boundaries other than those that abut streets; and, (c) as used in this Section, the term "building" 2, 4 includes any substantial structure which, by reason of its size, scale, dimensions, bulk, or use tends to constitute a visual obstruction or generate activity similar to that usually associated with a building. Fences running along lot boundaries adjacent to public street rights -of -way if such fences exceed six (6) feet in height and are substantially opaque shall be deemed to fall within this discription and as "building" and are therefore prohibited within the setback area, 2. Whenever a lot in a nonresidential district has a common boundary line with a lot in a residential district, and the property line setback requirement applicable to the residential lot is greater than that applicable to the nonresidential lot, then the lot in the nonresidential district shall be required to observe the property line setback requirement applicable to the adjoining residential lot. 3. With respect to Iota located along major arterials, the the minimum street building setback set forth in the Table below shall be increased by thirty (30) feet and the sign setback shall be increased by fifteen (15) feet. 4. Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building, excluding: (a) the outermost three feet of any uncovered porch, step, save, gutter, canopy, wooden deck, or any part thereof extending more than twelve (12) inches above the ground; and, (b) a deck or patio if no portion of the some extends more than twelve inches (12) off the ground; and, (c) any structure that is not a part of the building Itself but is a mere appendage to it, such as a flagpole, etc,; and, (d) the outermost five (5) feet of any structure 2.5 • • 0 constructed on any lot is excepted from this setback requirement so long as a minimum of thirty (30) feet of separation is maintained between adjacent structures. This five (5) foot encroachment is permitted and it should be noted that this exception will cause buildings to be staggered from each other in order to maintain a minimum of thirty (30) feet from each structure along side lot lines only. 5. Whenever a private road that serves more than three (3) lots or more than three (3) dwelling units or that serves any nonresidential use tending to generate traffic equivalent to more than three (3) dwelling units is located along a lot boundary, then; (a) if the lot is not also bordered by a public street, buildings and freestanding signs shall be set back from the private road just as If such road were a public street; and, (b) if the lot is also bordered by a public street, then the setback distance on lots used for residential purposes (as set forth below in the column labeled "Lot Boundary Setback") shall be measured from the Inside boundary of the traveled portion of the private road. 6. The term "street setback" as used in this Ordinance shall mean the distance between the nearest position of any building and a street or highway right of way line when measured perpendicularly thereto. 7. The term "lot boundary setback" as used in this Ordinance shall mean the distance between the nearest portion of any building and the boundary line of the adjoining lot parcel or tract. 2. 6 6. Table of Setback Requirements Street Setback Lot Boundary Setback Zone Building Sign Building and Sign Side Line Rear Line R 20' 10' 15' 25' RR 20' 10' 15' 25' R 20' 10' 15' 25' R01 20' 10' 15' 25' R02 20' 10' 15' 25' RR 20' 10' 15' 25' GB 20' 10' 15' 25' LB 20' 10' 15' 25' LBH 20' 10' 15' 25' HC 20' 10' 15' 25' LM 20' 10' 15' 25' HM 20' 10' 15' 25' Section 205 Accessory Building and Sign Setback Requirements. RII accessory buildings in residential districts (i.e., those established by Section 2001) and signs must comply with the street setback setback set forth in Section 204 but shall be required to observe only a ten (10) setback from rear and side boundary lines. Section 206 Building Height Limitations. 1. For purposes of this Section, the height of a building shall be the vertical distance measured from the finished grade surrounding the building to the highest point of the building provided that the highest point of the finished grade shall not be calculated to be more than six (6) inches above the natural grade. 2. No building or structure may exceed a height of thirty- five (35) feet. 2. 7 3. The following features are exempt from the district height limitations set forth in Subsection (2): (a) chimneys, church spires, elevator shafts, and similar structural appendages not intended as places of occupancy or storage (but parapets and similar structural appendages as well as decks and observation platforms shall not be exempt); (b)' flagpoles; (c) towers and antennas (to the extent such uses are allowed, see use classification 18,000 in the Table of Permissible Uses); (d) heating and air conditioning equipment, solar collectors, and similar equipment, fixtures and devices;.and, (e) poles supporting utility lines. Section 207 Common Open Space Subdivisions. • 1. In any single-family residential subdivision, a developer may create lots that have or contain at least 20,000 square feet if such developer complies with the provisions of this Section. 2. The intent of this Section is to authorize the developer to decrease lot sizes and leave the land "saved" by so doing as open space, thereby lowering development costs and increasing the amenity of the project without Increasing the density beyond what would be permissible If the land were subdivided Into lots meeting the minimum lot size requirements set forth In Section 202. 3. The amount of open space that must be set aside shall be determined by: (a) subtracting from the standard square footage requirement set forth in Section 202 the amount of square footage of each lot that is smaller than that standard; and, • �2. 8 .(b) adding together the results obtained In (a) for each lot. 4. For purposes of this Section, the term "open space" means an area that: (a) is not encumbered with any structure; • (b) is not contained within a street right-of-way, or otherwise devoted to use as a roadway, parking area, sidewalk, or above ground waste disposal facilities; (c) is legally and practicably accessible to the residents of the development out of which the open space is taken; (d) is not encumbered by underground septic lines, any part of a sewage disposal system, or any above ground or below ground structure; (e) is comprised of contiguous or adjoining land not • separated by lot lines, roads, streets, sidewalks and utility easements and is all in one piece; and, (f) Is capable of being used and enjoyed for passive recreation, such as walking, jogging, or being Improved for more active recreational use. 5. Common open space set aside pursuant to this Section may be used to satisfy the open space requirements of Article 7 if the land qualifies under the definitions set forth thereunder. 6. The setback requirements of Sections 204 and 205 shall apply in Common Open Space Subdivisions, 7. The open space shall be deeded or dedicated to the lot owners in proportion with their percentage ownership of the total number of lots. 8. CAMA wetlands and fifty percent (50%) of man-made lakes 0 2.9 or ponds shall not be counted as part of the open space. Such man-made lakes or ponds must, be completely surrounded by the development and under the ownership of the developer (the some tract). 9. To qualify as a Common Open Space Subdivision, the original tract or tracts and all phases, sections or other parts must be brought into common singular ownership and remain in common singular ownership during all phases of development. Section 208 Multi -Family Subdivisions. 1. Multi -family dwellings are permissible in the A-30 and RA-30 Zoning Districts with a Special Use Permit. The Permit issuing process shall be as provided in Article 20, except that; (a) the Board of Commissioners shall act on the Special Use Permit; (b) the applicant shall submit ten (10) copies of the proposed plans to the Administrator at least twenty (20) working days prior to the Planning Board meeting which the multi -family dwelling is to be considered; and, (c) the applicant shall submit to the Administrator one (1) 8-1/2" x 11" copy of the final approved plan. 2. Multi -family dwellings may contain two (2). three (3), or eight (8) dwelling units. Not more than one (1) multi- family dwelling may be located on any lot, and such uses may not be located on a lot with any other use (other than accessory buildings and uses). 3. No lot containing less than 30,000 square feet may be developed for multi -family purposes, and all lots so developed must be large enough to satisfy the minimum size requirements established in Subsection (4). 4. Subject to Subsection 5, every lot developed for multi- • 2. 10 family dwelling purposes must contain at least the .foliowing.•square footage: • 2 dwelling units (duplex) 60,000 sq. ft. 3 dwelling units (triplex) 80,000 sq. ft. 8 dwelling units* 100,000 sq. ft. * Limit of 14 bedrooms 5. A building that, before the effective date of this Section, (1) was designed and used as a single-family detached dwelling unit and (li) contained at lease 2,000 square feet of heated floor area may be converted into a multi -family dwelling without regard to the minimum lot size requirements of Subsection 3, but subject to the following: (a) the off-street parking requirement of Article 4 must be satisfied; and, (b) If the lot does not contain the minimum number of square feet required under Subsection 3, the building may not be enlarged in the conversion process to an extent greater than ten percent (10%) of the heated floor area of the original building; and, (c) the lot may not be divided in any way that would make it nonconforming with the requirements Subsection 3, or increase the extent of such nonconformity. 6. Multi -family dwellings may be located only on lots having at least 125 feet of frontage on: (1) a State maintained road or (ii) a street constructed to meet state standards and offered for dedication to the State. Section 209 Floor Rrea Ratios and Lodging Units. 1. Subject to the remaining provisions of this Section, the maximum square footage of building gross floor area permissible on any lot in the following districts shall be determined by multiplying the figure under the Floor • 2AI i Area Ratio (F,R.R,) column by the square footage of the lot. Zoning District F.A.R. GB .250 LB .175 LB-H .175 LM .250 HM .300 2. The floor area ratios set forth in Subsection (1) shall not apply to residential uses within the listed districts except with respect to lots that also contain buildings used for nonresidential purposes (in which case the FRR's shall be applicable to all buildings on such lots). 3. In no case may the number of lodging units within any 1.540 classification use (hotels and motels) exceed the number per acre indicated below (lot size shall be expressed in hundredths of an acre). • Number of Lodging Units Zoning District Per Acre GB 40 LB-H 20 4. The floor area ratios set forth in Subsection (a) shall not apply to recreational facilities that are not open to the general public, but are designed primarily to serve the residents of a particular development where such facilities are located. Section 210 Maximum Lot Coverage by Buildings,.Rccessory Buildings, Parking and Impervious Surfaces. 1. The maximum percentage of any lot that may be covered by all principal and accessory buildings, and impervious surfaces on such lot is 25% in Residential Zoning • 2.12 0 Districts and 50% in Commercial and Manufacturing Districts. 2. With respect to tracts developed with multi -family dwellings, the maximum percentage of the overall tract that may be covered by principal and accessory buildings is 25%. 3. Notwithstanding the foregoing Subsections, the maximum percentage of the portion of any lot or tract located in an Estuarine Shoreline Area of Environmental Concern (lands within 75 feet landward of the mean high water level, or normal water level of estuarine waters) that may be covered by impervious surfaces (including principal and accessory buildings as well as any paved parking area regardless of the paving material used) is 30%. Section 211 Miscellaneous Provisions 1. When a building is to be constructed upon a corner lot, such building shall be set back twenty (20) feet from the side which abuts a street except where such side abuts a Major Arterial in which case such side set back shall be fifty (50) feet. 2. With respect to any lot (1) that is a nonconforming lot or a lot approved within a Planned Unit Development, (ii) that is less than 10,000 square feet in area and upon which a single-family residence is intended to be constructed, the maximum percentage of lot coverage shall be 40%. 3. Water storage tanks (towers) shall be exempt from the 35 feet maximum building height requirement in all Zoning Districts. The use of these tanks (towers) shall be restricted to use only by approved community, centralized or County systems and shall be incorporated into plans submitted to the County for approval. 4. Currituck Outer Banks District Designations: (a) districts of the Currituck Outer Banks shall 0 2.13 0 9 henceforth be classified as RO1, R02, 00) LB, LOH, (formerly R 30-08 and 8-30-00). Purposes for Currituck Outer Banks Districts shall be the same as in R and 68 districts with the exception that Class "A" and Class "0" mobile homes are not permitted uses in these Districts, 5. Outer Banks Prohibition on Underground Storage Tanks: (a) use or placement of metallic underground storage tanks is prohibited, State or Federal approved fiberglas tanks may be installed underground and State or Federal approved metallic storage tanks may be installed above ground. Upon the Installation of any underground tank, a Building Permit must be acquired, and a survey prepared by a registered land surveyor must be obtained which shows the exact location of such tank, which survey must be recorded In the Office of The Register of Deeds prior to the Final inspection. 6. All roofs constructed upon buildings within any Zoning District within the County shall contain at least a 3/12 pitch and all roofs so constructed shall be "pitched" roofs as such term is defined herein. This Section shall not apply to the following: (a) mobile homes; (b) agricultural buildings associated with a Bona Fide Farm use located upon a Bona Fide Farm; and, (c) buildings located more than 500 feet from the closest right-of-way line of all major arterials within the County. 9 2. 14 Q e-+-cue �3 6 0 0 Article 3 STREETS RHO SIDEWALKS Section 301 Public Streets to Meet DOT Standards RII public streets shall be constructed in accordance with the standards established for the particular type of street in question by the North Carolina Department of Transportation, Division of Highways (hereinafter, "D,O,T. standards") unless a higher or more restrictive standard is established by this Ordinance, in which case the street shall meet that higher or more restrictive standard. The term "constructed" as used in this Rrticle in reference to O.O.T. standards refers to all standards of design and construction, Including right-of-way widths. Section 302 Street Classification, 1. In all new developments, streets that are dedicated to public use shall be classified as provided in Subsection (2): (a) the classification shall be based upon the function of the street and projected volume of traffic to be carried by the street, stated in terms of the number of trips per day; (b) the number of dwelling units to be served by the street may be used as a useful indicator of the number of trips but is not conclusive; and, (c) whenever a street within a new development continues an existing street that formerly terminated outside the development or it is expected that a new street will be continued beyond the development at some future time, the classification of the street will be based upon the 0 3.1 40 street in its entirety, both within and outside of the development. 2. The classification of streets shall be as follows: (a) Arterial: a street whose principal function Is to carry large volumes of traffic at higher speeds through the county or from one part of the county to another. Specifically, the following streets shall be considered arterials: U.S. 158, N.C. 168, N.C. 34, N.C. 3, N.C. 615 and N.C, 12 (Ocean Trail); (b) Arterial access street: a street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties; (c) Collector: a street whose principle function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties. It generally serves or Is designed to serve, directly or indirectly, more than one hundred (100) dwelling units and is designed to be used or is used to carry more than eight hundred (800) trips per day; (d) cul-de-sac: a street.that terminates in a vehicular turnaround; (a) local: a street whose primary function Is to provide access to abutting properties. It generally serves or is designed to serve less than 100 dwelling units and handles less than 800 trips per day; (f) loop street: a street that has Its beginning and points on the some road; 0 3. 2 .(g) Major Arterial: the following arterials that are part of the State's primary road system: U.S. 158 • N.C. 168, N.C. 34, N.C. 3, N.C. 615 and N.C.12 (Ocean Trail); and, (h) Minor Arterial: all arterials other than major arterials. Section 303 Access to Lots. 1. Every lot shall have access to it that is sufficient to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use which access shall be no less than twenty (20) feet In width. With respect to lots within the R02 district, what is a "reasonable means of ingress and egress" shall be determined in light of the fact that no state maintained road extends into this district and that access to all lots in this district is generally available only to four wheel drive vehicles and no access shall be created in the R02 District which is less than twenty (20) feet in width. 2. The creation of new flag lots shall not be permissible under any circumstances. Section 304 State Regulations Apply as to Access to Streets. Arterial streets, entrances to streets, coordination with surrounding streets, relationships of streets to topography, general layout of streets, street intersections, construction standards and specifications of streets and all applicable State regulations regarding those matters shall apply and are hereby adopted as a part of this Ordinance as reference. 0 3.3 Section 305 Private Streets and Private Roads in Subdivisions. 1. Except as otherwise provided in this Section, all lots - created after the effective date of this Section shall abut a public street at least to the extent necessary to comply with the access requirement set forth in Section 303. For purposes of this Subsection, the term "public street" includes a pre-existing public street as well as a street created by the subdivider that meets the public street standards of this Ordinance and Is dedicated for public use. Unless the recorded Plat of a subdivision clearly shows a street to be private, the recording of such a Plat shall constitute an offer of dedication of such street. 2. All private streets and roads created hereafter shall be constructed to state standards in all Zoning Districts except streets in Private Access Subdivisions. Section Kk 'Road and Street Requirements within the R02 District. 1. If access to the beach requires crossing a dune line, the developer shall obtain all proper CAMA Permits and if legally possible, establish a beach ramp; 2. The developer shall stabilize and maintain the rights -of - way adjoining and along the paved or gravel portions of the road or street by establishment of vegetation or other means to the extent reasonable possible; 3. Whenever a developer wishes to -subdivide a tract or parcel of land for which tract or parcel of land a Plat has been recorded prior to January 1, 1989, and which plat, previously recorded, contains designations of streets such as Ocean Pearl, Ocean Trail, Sandfiddler, Sandpiper, and other roads and streets shown on said plats, the developer shall comply with the following regulations; (a) such developer shall establish a right-of-way • 3, 4 of a minimum width of 100 feet to connect to and follow the lines of the road shown on such previously recorded Plat; (b) the developer shall establish the streets within his subdivision in such a way that the streets shown on such previously recorded Plats shall connect with such roads or streets shown on previously recorded Plats of adjoining property owners to provlde for a continuous right-of-way through this property to adjoining properties; (c) the developer shall coordinate his roads and streets with the roads and streets of adjoining property owners so as to maintain continuous access through his subdivision to adjoining properties; and, (d) no developer shall be required to maintain more than one (1) major access street or road of 100 feet in width through his subdivision to adjoin with adjoining properties. Any streets which are not necessary for continuous access through the developer's property and which may have been shown on previously recorded Plats, may be abandoned or deleted by the developer so long as one (1) continuous access of 100 feet in width Is maintained through his property to adjoin the neighboring properties to provide for continuous and contiguous access north and south parallel with the Atlantic Ocean, 4, The amount of the security as set forth in Section 912 (2) shol-I be determined by the Board in all subdivisions In the R02 District including Private Access Subdivisions and Major Subdivisions. 5. In the R02 District all streets whether intended for public dedication or not shall comply with Section 912 (2). 6, In the R02 District the Board shall determine the amount 0 3, 5 of such bond in view of all of the surrounding conditions and circumstances. • 7. The developer shall demonstrate to the reasonable satisfaction of the Board of Commissioners that the private roads proposed In such development will be properly maintained. Such demonstration shall include a written plan that explains who will maintain the streets, how they will be stabilized and maintained, and how such maintenance shall be financed. 8. When a private road is created under this Section, the developer shall, before being relieved of the bonding requirements of Section 912 (2) establish a Homeowners Association that satisfies the criteria spelled out in Section 704, convey to that Rssociation title to the right-of-way of such streets and roads, and obligate the Homeowners Association to maintain such streets. Homeowners Rssociations are required to relieve the developer of the requirements of Section 912 (2). 9. No Final Plat that shows lots served by roads or streets authorized under this Section may be recorded unless the • Final Plot contains the following notation: "Further subdivision of any lot shown on this Plat as served by a road or street may be prohibited by the Currituck County Unified Development Ordinance unless the roads or streets shown on this Plat are improved to State standards. These roads do not meet State standards for the assumption of maintenance due to inadequate right-of- way and/or construction or lack of public dedication. It is not the function of County government in the State of North Carolina to construct or maintain roads." 10. Developer shall furnish the Initial purchaser of a newly created lot in the R02 District a disclosure statement outlining the maintenance responsibilities for the road as provided in G.S. 136-102.6 and as set forth in this Section. 0 3.6 Section 303 Roads and Streets in Private Access Subdivisions In the R02.District. 1, The developer shall comply with the following regulations for creation of a Private Access Subdivision in the R02 District in addition to the other requirements of Private Access Subdivisions in other districts; (a) when possible a forty-five (45) foot right-of-way shall be given, but In no event shall the access be less than twenty (20) feet in width; and, (b) the right-of-way serving the lots must have a graded and drained surface stabilized with a minimum of three (3) inches of gravel or aggregate all weather base. 2. No single right-of-way may serve more than four (4) lots, Including any residual parcels, If any, regardless of size and require Plat approval by the Board of Commissioners, Section = Roads and Streets in Major Subdivisions in the • R02 District. 1, All lots created in any Major Subdivision in the R02 District shall contain lots of a minimum of size of 120,000 square feet, 2. The streets constructed in such Major Subdivision shall comply with all of the standards as set forth by the North Carolina Department of Transportation and other applicable State regulations with regards to the construction of roads and streets Intended to be dedicated for assumption for maintenance by the North Carolina Department of Transportation, 3. The developer shall stabilize and maintain the rights -of - way so established outside of the paved portion of such street by establishment of vegetation or other means to the extent reasonably possible under the circumstances, 4. The developer shall comply with all the rules, • 3,7 0 regulations and requirements of Rrticle 9 of this Ordinance with regard to Major Subdivisions. Section 309 Road and Sidewalk Requirements in Unsubdivided Developments. 1.. Within unsubdivided developments, all private roads and accessways shall be designed and constructed to facilitate the safe and convenient movement of motor vehicle and pedestrian traffic. Specific standards concerning width, use of curb and gutter, and paving specifications shall be determined by the provisions of Section 304. 2. Whenever a road in an unsubdivided development connects two (2) or more collector or arterial streets in such a manner that any substantial volume of through traffic is likely to make use of this road, such road shall be constructed in accordance with state standards applicable and shall be dedicated. 3. The term "unsubdivided development" shall.mean all construction of structures upon land under common singular ownership where such construction does not Involve the sale of Individual lots or parcels of land and the streets and ways are intended for use by the public or occupants of the development (examples: shopping center and apartment project). Section 310 Attention to Handicapped in Street and Sidewalk Construction. 1. Rs provided In G.S. 136-44.14, whenever curb and gutter construction Is used on public streets, wheelchair ramps for the handicapped shall be provided at intersections and other major points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with D.O.T. standards. 2. In unsubdivided developments, sidewalk construction for • 3. 8 0 the handicapped shall conform to the requirements of Section IIK of the North Carolina State Building Code, Section 311 Street Names and House Numbers. 1. Street names shall be assigned by the developer subject to the approval of the permit issuing authority. Proposed streets that are obviously in alignment with existing streets shall be given the some name. Newly created streets shall be given names that neither duplicate nor are phonetically similar to existing streets within the County, regardless of the use of different suffixes (such as those set forth in Subsection (2). 2. Street names shall include a suffix such as the following; (a) circle; a short street that returns to itself; (b) court or place; a cul-de-sac or dead-end street; (c) loop; a street that begins at the intersection with one (1) street and circles back to end at another intersection with the some street; and, (d) street or road; all public streets not designated by another suffix. 3. Appropriate street name signs that meet County specifications shall be placed at all intersections by and at the expense of the developer. Section 312 Bridges. All bridges shall be constructed in accordance with the standards and specifications of the North Carolina Department of Transportation, except that bridges on roads not intended 3,9 11 for public dedication may be approved if designed by a M.C. licensed Architect or Engineer. Section 313 Utilities. Utilities installed in public rights -of -way or along private roads shall conform to the requirements set forth in Article 6, Utilities. 0 3.10 aP-hcl�e e-/ I 0 ARTICLE 4 PARKING Section 401 Definitions. 1. Unless otherwise specifically provided or unless clearly required by the context, the words and phrases defined below shall have the meaning indicated when used in this Article: (a) Circulation Area: that portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area. (b) Driveway: that portion of the vehicle accommodation area that consists of a travel Iona bounded on either side by an area that is not part of the vehicle accommodation area. (c) Gross Floor Area: the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage. (d) Loading and Unloading Area: that portion of the vehicle accommodation area used to satisfy the requirements of Section 407. (e) Parking Area Aisles: that portion of the vehicle accommodation area consisting of lanes providing access to parking spaces. (f) Parking Space: a portion of the vehicle accommodation area set for the parking of one (1) vehicle. • 4, 1 (g) Uehicle Rccommodation Rrea: that portion of a lot that is used bU vehicles for access, circulation, parking and loading and unloading. It comprises • the total of circulation areas, loading and unloading areas, and parking areas (spaces and aisles), Parking Is not a permitted use within buffer and setback areas. Section 402 Number of Parking Spaces Required. 1. All developments in all Zoning Districts shall provide the number of parking spaces, as specified in the Table of Parking Requirements, to accommodate the number of vehicles that are likely to be attracted to the development in question. 2. The presumptions established by this Article are that: (1) a development must comply with the parking standards set forth in Subsection (5) to satisfy the requirement stated in Subsection (1), and (ii) any development that does meet these standards Is in compliance. However, the Table of Parking Requirements is only Intended to • establish a presumption and should be flexibly administered, as provided in Section 403, 3, Uses In the Table of Parking Requirements Subsection (5), are Indicated by a numerical -reference keyed to the Table of Permissible Uses. When determination of the number of parking spaces required by this Table results In a requirement of a fractional space, any fraction of one-half or less may be disregarded, while a fraction in excess of one-half shall be counted as one (1) parking space. 4, The Board recognizes that the Table of Parking Requirements set forth in Subsection (5) cannot and does not cover every possible situation that may arise. Therefore, in cases not specifically covered, the permit Issuing authority is authorized to determine the parking requirements using this Table as a guide. 4.2 5. U Table of Parking Requirements. Use Description 1.110 Single family detached, one dwelling unit per lot 1.200 Two family residences; 1.300 Multi -family residences 1.400 Homes emphasizing special services, treatment of supervision 1.510 Rooming houses, boarding houses • 1.520 Bed and breakfast establishments; 1.530 Tourist homes and other temporary residences renting by day or week; 1.540 Hotels, motels, and similar businesses; 1.550 Hunting and fishing lodges • Parking Requirement 2 spaces per dwelling unit plus 1 space per room 1.120 rented out (see Accessory Uses, Section 1305). 2 spaces for each dwelling unit, except that: (i) uses classification 1.220 requires only 1 space for the accessory apartment; (ii) if 5 or more dwelling units share a common parking area, the number of spaces maybe reduced by 20%; and (III) multi- family units limited to persons of low or moderate income or the elderly require only 1 space per unit. 3 spaces for every 5 beds except for uses exclusively serving children under 16, in which case 1 space for every 3 beds shall be required. 1 space for each bedroom 1 space for each room to be rented plus 1 additional space (in accordance with other Sections) 1.700 Home occupations 2.111 Convenience stores; 2.112 ABC stores 2.113 Other high volume traffic generation (no storage or display outside fully enclosed building) 2.120 Loa volume traffic generation (no storage or display outside fully enclosed building); 2.130 Uholesale sales (no storage or display outside fully enclosed building) 2.210 High volume traffic generation (storage and display of goods outside fully enclosed building) 2.220 Low volume traffic generation (storage and display of goods outside fully enclosed building); 2.230 Uholesale sales (no storage or display outside fully enclosed building) 3.110 Operations designed to attract and serve customers or clients on the premises (conducted entirely within fully enclosed building) 4 spaces for offices of physicians or dentists; 2 spaces for attorneys, 1 space for all others. 1 space per 150 square -feet of gross floor area I -space per 200 square feet of gross floor area 1 space per 400 square feet of gross floor area l'space per 200 square feet of gross floor area 1 space per 400 square feet of gross floor area 1 space per 200 square feet of gross floor area • Use Description 3.120 Operations designed to attract little or no customer or client traffic other than employees of the entity operating the principal use (conducted entirely within fully enclosed building) 3.130 Offices or clinics of physicians or dentists with not more than 10,000 square feet of gross floor area (conducted entirely within fully enclosed building) 3.210 Operations designed to attract and serve customers or clients on the premises (conducted within or outside fully enclosed building) 3.220 Operations designed to attract little or no customer or client traffic other than the employees operating the principal use (conducted within or outside fully enclosed building) 3.230 Banks with drive-in windows 4.110 Hajority of dollar volume of business done with walk-in trade (conducted entirely within fully enclosed building) • Parking Requirement 1 space per 400 square feet of gross floor area 1 space per•150 square feet of gross floor area 1 space per 200 square.feet of gross floor area 1 space per 400 square feet of gross floor area 1 space per 200 square feet of area within main building plus reservoir land capacity equal to five spaces per window (10 spaces if window serves two stations). 1 space per 400 square feet of gross floor area Use Description Parking Requirement 1.120 hajority of dollar volume of business not 1 space for every 2 employees on the done with walk-in trade (conducted maximum shift except that, if permissible in within fully enclosed building); the commercial districts, such uses may 4.200 Operations conducted within or outside provide 1 space per 200 square feet of gross fully enclosed building floor area. 5.110 Elementary and secondary schools 1.75 spaces per classroom in elementary schools; 5 spaces per classroom in high schools. 5.120 Trade or vocational schools 1 space per 100 square feet of gross floor area. 5.130 Colleges, community colleges 1 space per 150 square feet of gross floor area 5.200 Churches, synagogues and temples 1 space for every four seats in the portion of the church building to be used for services plus spaces for any residential use as determined in accordance with the parking requirements set forth above for residential uses, plus I -space for every 200 square feet of gross floor area designed to be used neither for services nor residential purposes. 5.300 Libraries, museums, art galleries, art 1 space per 300 square feet of gross floor centers and similar uses; area 5.400 Social, fraternal clubs and lodges, union halls, and similar uses _• Use Description • is 6.110 Bowling alleys, skating rinks, indoor tennis and squash courts, billiards, and pool, halls, indoor athletic and exercise facilities 6.120 Movie theaters Parking Requirement 1 space for every 3 persons that the facilities are .designed to accommodate when fully utilized (if they can be measured in such a fashion -example tennis courts or bowling alleys) plus 1 space per 200 square feet of gross floor area used in a manner not susceptible to such calculation. 1 space for every 4 seats 6.210 Privately owned outdoor recreational 1 space per 200 square feet of area facilities; within enclosed buildings, plus 1 space for Publicly owned outdoor recreational every 3 persons that the outdoor facilities facilities are designed to accommodate when used to the maximum capacity. 6.230 Miniature golf course, skateboard park, water slide, and similar uses--1 space per 300 square feet of area plus 1 space per 200 square feet of building gross floor area; Driving range---1 space per tee plus 1 space per 200 square feet in building gross floor area; Par Three Course --- 2 spaces per golf hole plus 1 space per 200.square feet of building gross floor area. 6'.240 Horseback riding stables 1 space per horse that could be kept at the stable when occupied to maximum capacity. 6.250 Automobile and motorcycle racing tracks 1 space for every three seats 6.260 Drive-in movie theaters 1 space per speaker outlet 6.270 Private campgrounds A space per camping space • • Use Description 6.260 Petting zoo • Parking Requirement 1 space per 200 square feet of area within enclosed buildings, plus 1 space for every 3 persons that the outdoor facilities are designed to accommodate when used to the maximum capacity. 1.100 Hospitals, clinics, other medical 2 spaces per bed or 1 space per 150 square treatment facilities in excess of 10,000 feet of gross floor area, whichever is square feet of floor area greater. 7.200 Hursing care institutions, handicapped or 3 spaces for every 5 beds Infirm institutions, child care Institutions llulti-family units developed or sponsored by public or non-profit agency for limited income families or the elderly require only 1 space per unit. 1.300 Institutions (other than halfway houses) 1 space for every two employees on maximum where mentally ill persons are confined; shift 7.400 Penal and correctional facilities 8.100 Restaurants, bars, night clubs (no sub- 1 space per 100 square feet of gross floor stantial carry -out or delivery service, area. no drive-in service, no service or consumption outside fully enclosed building) Use Description 8.20.0 Restaurants, bars, night clubs (no sub- stantial carry -out or delivery service, no drive-in service. Service or con- sumption outside fully enclosed building); 8.300 Restaurants, bars, night clubs (carry -out and delivery service, consumption outside fully enclosed structure allowed, but no drive-in service 8.400 Restaurants, bars, night clubs (carry out and delivery service, drive-in service, service outside fully enclosed structure allowed 9.100 Motor vehicle and boat sales or rental or sales and service; 9.200 Rutomobile service stations; 9.400 Rutomobile repair shop or body shop 9.300 Gas sales operations 0 Parking Requirement Some as 8.100 plus l space for every four outside seats. Some as 8.200 plus reservoir lane capacity equal to five spaces per drive-in window. 1 space per 200 square feet of gross floor area 1 space per 200 square feet of gross floor area of building devoted primarily to gas sales operation, plus sufficient parking area to accommodate vehicles at pumps without interfering with other parking spaces. r: Use Description 9.500 Car crash 10.200 Storage and parking (storage of goods not related to sale or use of those goods on the some lot where they are stored) 11.000 Scrap materials salvage yards, junkyards, automobile graveyards 12.000 Service and enterprises related to animals 13.000 Emergency services 14.000 Agricultural, silvicultural, mining, - quarrying operations 15.100 Post office; 15.200 Airports and airstrips 15.300 Sanitary landfill Parking Requirement Conveyer type --I space for every three employees on the maximum shift plus reservoir capacity equal to five times the capacity of the ,washing operation. Self-service type--2 spaces for drying and cleaning purposes per stall plus two reservoir spaces in front of each stall. 1 space for every two employees on the maximum shift but not less than 1 space per 5,000 square feet of area devoted to storage (whether inside or outside). 1 space per 200 square feet of gross floor area. 1 space per 200 square feet of gross floor area. 1 space per 200 square feet of gross floor area. 1 space for every two employees on maximum shift. 1 space per 200 square feet of gross floor area. 1 space for every two employees on maximum shift. • • • Use Description 15.400 Demolition landfill 16.000 Dry cleaner and laundromat 19.000 Open air markets .20.000 Funeral homes 21.200 Cemetery on same property as church 22.000 Nursery schools, day care centers 23.000 Temporary construction and sales offices 24.000 Crabshedding 25.000 Commercial greenhouse or nursery 31.000 Stockyards, slaughterhouses, rendering plants Parking Requirement 1 space per 100 square feet of gross floor area. 1 space per 200 square feet of gross floor - area. 1 space per 1,000 square feet of lot area used for storage, display, or sales 1 space per 100 square feet of gross floor area. 1 space per 200 square feet of gross floor area 1 space per employee plus 1-space per 200 square feet of gross floor area 1 space per employee plus l space per 200 square feet of gross floor area 1 space per non-resident employee engaged in crobshedding operation 1 space per 200 square feet of gross floor area Use Description Parking Requirement 32.000 Agribusiness uses 1 space per 200 square feet of gross floor area Section 403 Flexibility in Administration Required, 1, The Board recognizes that, due to the particularities of • any given development, the Inflexible application of the parking standards set forth in Section 402(5) may result in a development either with inadequate parking space or parking space for in excess of Its needs. The former situation may lead to traffic congestion or parking violations in.adjacent streets as well as unauthorized parking in nearby private lots. The latter situation results in a waste of money as well as a waste of space that could more desirably be used for valuable development or environmentally useful open space, Therefore, as suggested in Section 402 (5), the permit Issuing authority may permit deviations from the presumptive requirements of Section 402 (5) and may require more parking or allow less parking whenever it finds that such deviations are more likely to satisfy the standard set forth in Section 402. 2, The permit issuing authority may allow deviations from the parking requirements set forth in Section 402(5) when it finds that: (a) a residential development is irrevocably oriented toward the elderly; or, (b) a business or recreational facility is primarily oriented to walk-in trade or is located within a Planned Unit Development and is closed to the general public. 3. Whenever the permit issuing authority allows or requires a deviation from the presumptive parking requirements set forth in Section 402(5), it shall enter on the face of the Permit the parking requirement that it imposes and the reasons for allowing or requiring the deviation, 4. If the permit issuing authority concludes, based upon Information it receives in the consideration of a specific development proposal, that the presumption established by Section 402 for a particular use classification is erroneous, It shall initiate a request a 43 for an amendment to the Table of Parking Requirements in accordance with the procedures set forth In Rrticle 24. • Section 404 Parking Space Dimensions. 1. Subject to Subsections (2) and (3), each parking space shall contain a rectangular area at least twenty (20) 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. 2. In parking areas containing ten (10) or more parking spaces up to twenty percent (20%) of the parking spaces need contain a rectangular area of only seven and one- half (7 1/2) feet in width by fifteen (15) feet in length. If such spaces are provided, they shall be conspicuously designated as reserved for small or compact cars only. 3. Wherever parking areas consist of spaces set aside for parallel parking, the dimensions of such parking spaces S shall be not less than twenty-two feet by nine feet (22' x 9'). Section 405 Required Widths of Parking Area Risles and Driveways for Residential Uses. 1. Parking area aisle widths shall conform to the following Table, which varies the width requirement according to the angle of parking. _Parking—Rngle Risle Width 0' 30' 45' 60' 90' One Way Traffic 13 14 15 18 24 Two Way Traffic 19 20 21 23 24 2. Driveways shall be not less than ten (10) feet in width 4, 4 for one way traffic and eighteen (10) feet in width for two way traffic, except that tan (10) feet wide driveways are permissible for two-way traffic when (1) the driveway is not longer than fifty (50) feet, (11) it provides access to not more than six (6) spaces, and (iii) sufficient turning space is provided so that vehicles need not back into a public street. Section 406 General Design Requirements. 1. Unless no other practicable alternative Is available, vehicle accommodation areas shall be designed so that, without resorting to extraordinary movements, vehicles may exit such areas without backing onto a public street. This requirement does not apply to parking areas consisting of driveways that serve one (1) or two (2) dwelling units, although backing onto arterial streets is discouraged. 2. Vehicle accommodation areas of all developments shall be designed so that sanitation, emergency, and other public service vehicles can serve such developments without the necessity of backing unreasonable distances or making other dangerous or hazardous turning movements, 3. Every vehicle accommodation area shall be designed so that vehicles cannot extend beyond the perimeter of such area onto adjacent properties or public rights -of -way. Such areas shall also be designed so that vehicles do not extend over -sidewalks or tend to bump against or damage any wall, vegetation, or other obstruction. Parking is not a permitted use within buffer or setback areas. . 4. Circulation areas shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles and without interfering with parking areas. Section 407 Vehicle Accommodation Area Surfaces. Vehicle accommodation areas (in Zoning Districts other 4.5 than the R02, Ln, and Hn Districts) that M include lanes for drive -In windows or (II) contain porkina areas that are required to have more than fifteen (15) parking • spaces and that are used regularly at least five (5) days per week shall be graded and surfaced with asphalt, concrete or other material that will provide equivalent protection against potholes, erosion, and dust. Specifications for surfaces meeting the standard set forth in this Subsection are contained in Rppendix D. 2. Uehicle accommodation areas that are not provided with the type of surface specified in Subsection (1) shall be graded and surfaced with crushed stone, gravel, or other suitable material (as deemed appropriate by the Public Works Director) to provide a surface that is stable and will help to -reduce dust and erosion. The perimeter of such parking areas shall be defined by bricks, stones, railroad ties, or other similar devices. In addition, whenever such a vehicle accommodation area abuts a paved street, the driveway leading from such street to such area (or,.lf there is no driveway, the portion of the vehicle accommodation area that opens onto such streets), shall be paved as provided in Subsection (1) for a distance of fifteen (15) feet back from the edge of the • paved street. This Subsection shall not apply to single- family or two-family residences or other uses that are required to have only one (1) or two (2) parking spaces, or the uses within the R02 District. 3. Parking spaces in areas surfaced In accordance with Subsection (1) shall be appropriately demarcated with painted lines or other markings. Parking spaces in areas surfaced in accordance with Subsection (2) shall be demarcated whenever practicable. 4. Uehicle accommodation areas shall be properly maintained In all respects. In particular, vehicle accommodation area surfaces shall be kept in good condition (free from potholes, etc.) and parking space lines or markings shall be kept clearly visible and distinct. 4. 6 Section 408 Joint Use of Required Parking Spaces. 1. One parking area may contain required spaces for several • different uses, but except as otherwise provided in this Section, the required space assigned to one use may not be credited to any other use. Is n u 2. To the extent that developments that wish to make joint use of the same parking spaces operate at different times, the same spaces may be credited to both uses. For example, If a parking lot is used in connection with an office.building on Monday through Friday but is generally 90% vacant on weekends, another development that operates only on weekends could be credited with 90X of the spaces on that lot. Or,.lf a church parking lot is generally occupied only to 50% of capacity on -days other than Sunday, another development could make use of 50% of the church lot's spaces on those other days. 3. If the joint use of the same parking spaces by two (2) or more principal uses involves satellite parking spaces, then the provisions of Section 409 are also applicable. Section 409 Satellite Parking. 1. If the number of off-street parking spaces required by this Ordinance cannot reasonably be provided on the same lot where the principal use associated with these parking spaces is located, then spaces may be provided on adjacent or nearby lots in accordance with the provisions of this Section. These off -site spaces are referred to In this Section as "satellite" parking spaces. 2. RII such satellite parking spaces (except spaces Intended for employee use) must be located within 300 feet of a public entrance of a principal building housing the use associated with such parking, or within 300 feet of the lot on which the use associated with such parking is located if the use is not housed within any principal building. Satellite parking spaces intended for employee use must be located within 500 feet. 4. 7 3. The developer wishing to take advantage of the provisions of this Section must present satisfactoru written evidence that he has the permission of the owner or other person in charge of the satellite parking spaces to use such spaces. The developer must also sign an acknowledgment that the continuing validity of his Permit depends upon his continuing ability to provide the requisite number of parking spaces. 4. Persons who obtain satellite parking spaces in accordance with this Section shall be held accountable for ensuring that the satellite parking areas from which they obtain their spaces satisfy the design requirements of this Article. Section 410 Special Provisions For Lots With Existing Buildings. Whenever (1) there exists a lot with one or more structures on it constructed before the effective date of this Ordinance, and (ii) a change in use that does not involve any enlargement of a structure is proposed for such lot, and (111) the parking requirements of Section 402 that would be applicable as a result of the proposed change cannot be satisfied on such lot • because there is not sufficient area available on the lot that can practicably be used for parking, then the developer need only comply with the requirements of Section 409 to the extent that (1) parking space is practicably available on the lot where the development is located, and (II) satellite parking space is not reasonably available as provided In Section 409. However, if satellite parking subsequently becomes reasonably available, then It shall be a continuing condition of the Permit authorizing development on such lot that the developer obtain satellite parking when it does become available. Section 411 Loading and Unloading Areas, 1. Subject to Subsection (5), whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development, a sufficient off-street loading and unloading area must be provided in accordance with this 4.8 Section to accommodate the delivery or shipment operations In -a safe and convenient manner. • 2. The loading and unloading area must be of sufficient size to accommodate the numbers and types of vehicles that are likely to use this area, given the nature of the development in question. The following table indicates the number and size of spaces that, presumptively, satisfy the standard set forth in this Subsection. However, the permit Issuing authority may require more or less loading and unloading area if reasonably necessary to satisfy the foregoing standard. Number of spaces with minimum dimensions Gross Leasable Area of 12 feet x 55 feet and overhead of Building clearance of 14 feet from street grade 1,000 - 19,999 20,000 - 79,999 2 B0,000-127,999 3 128,000 -191,000 4 192,000 -255,999 5 256,000 -319,999 6 320,000 -391,999 7 Plus one (1) for.each additional 72,000 square feet or fraction thereof. 3. Loading and unloading areas shall be so located and designed that the vehicles intended to use them can (1) maneuver safely and conveniently to and from a public right of way, and (10 complete the loading and unloading operations without obstructing or interfering with any public right-of-way or any parking space or parking lot aisle. 4. No area allocated to loading and unloading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading and unloading facilities. 5. Whenever (1) there exists a lot with one or more 4.9 Is structures on it constructed before the effective date of this Ordinance, and (11) a change In use that does not Involve any enlargement of a structure is proposed for such lot, and (iii) the loading area requirements of this Section cannot be satisfied because there Is not sufficient area available on the lot that can practicably be used for loading and unloading, then the developer need only comply with this Section to the extent reasonably possible. Section 412 .Ho Parking Indicated Hear Fire Hydrants, Whenever a fire hydrant is located adjacent to any portion of a vehicle accommodation area required to be paved, the pavement shall be clearly marked to indicate that parking within fifteen (15) feet of such hydrant is prohibited. Section 413 Handicapped Parking. Provisions relating to parking for the handicapped are set forth in Section 0 1x)3,3 of the North Carolina State Building Code, and all vehicle accommodation areas shall comply with such requirements to the extent they are applicable. Section 414 Other Requirements. 1. Each parking space shall have a minimum of ten (10) feet by twenty (20) feet and shall be located outside any dedicated street or highway right -of way (with exception as noted in Section 404). 2. Parking spaces shall be designed so that no vehicle shall be permitted to back into public right-of-way. 3. Ground cover, shrubs, and trees shall be located and maintained so as to not interfere with vehicular and pedestrian traffic. 4. Parking lots over one-half acre shall have no more than 50% impermeable cover (concrete and asphalt) and shall be planted with shade trees which are indigenous. 4.10 11 5, An Opaque screening, Type A shall be utilized. 6. Parking is not a permitted use within buffer areas or ito setback areas. 4.11 ARTICLE 5 SCREENING, BUFFER AND SHADING REQUIREMENTS Part I. Pfc01017IiIo Section 501 Board Findings Concerning the Need for Screening Requirements. 1. The Board finds that; (a) screening between two (2) lots lessens the transmission from one (1) lot to another of noise, dust, and glare; (b) screening can lessen the visual pollution that may otherwise occur. Even minimal screening can provide an impression of separation of spaces, and more extensive screening can shield entirely one • use from the visual assault of an adjacent use; (c) screening can establish a greater sense of privacy from visual or physical intrusion, the degree of privacy varying with the intensity of the screening; and, (d) the provisions of this Part are necessary to safeguard the public health, safety and welfare. Section 502 General Screening Standard. 1. Every development shall provide sufficient screening so that; (a) neighboring properties are shielded from any adverse external effects of that development; and, 5.1 r� 40 (b) the development is impacts of adjacent railroads. shielded from the negative uses such as streets,or Section 503 Compliance With Screening Standard. 1. The Table set forth in Section 505, in conjunction with the explanations in Rrticle 13 concerning the types of screens, establishes suggested screening requirements that, presumptively, satisfy the general standards established in Section 502. However, this Table is only intended to establish a presumption and should be flexibly administered in accordance with Section 506. 2. The numerical designations contained in the Table of Screening Requirements (Section 505) are keyed to the Table of Permissible Uses (Rrticle 13), and the letter designations refer to types of screening as described in Section 504, This Table indicates the type of screening that Is presumptively required between two (2) uses. Where such screening is required, only one (1) of the two (2) adjoining uses is responsible for installing the screening. The use assigned this responsibility is referred to as the "burdened" use in Section 505, and the other use is the "benefitted" use. (a) to determine which of two (2) adjoining uses is required to install the screening, find the use classification number of one of the adjoining uses -in the burdened use column and follow that column across the page to its intersection with the use classification number in the benefitted use column that corresponds to the other adjoining use. If the intersecting square contains a letter, then the use whose classification number is in the burdened column is responsible for installing that level of screening. If the intersecting square does not contain a letter, then begin the process again, starting this time in the burdened column with the other adjoining use; and, (b) to merely determine the type of screening a 5.2 proposed new development must install, begin under the "burdened" column with the use classification number of the proposed use and follow that line • across the page to its intersection with the use classification number of each use that adjoins the property to be developed. For each Intersecting square that contains a letter, the developer must install the level of screening indicated. 0 3. If, when the analysis described in Subsection (2)(a) is performed, the burdened use is an existing use but the required screening is not in place, then this lack of screening shall constitute a nonconforming situation, subject to all the provisions of Rrticle 15 of this Ordinance. 4. R two-family or multi -family development shall be required, at the time of construction, to install any screening that is required between it and adjacent existing uses according to the suggested Table set forth in Section 505, regardless of whether, in relation to such other uses, the two-family or multi-famllg development is the benefitted or burdened use. Section 504 Descriptions of Screens. 1. The following three (3) basic types of screens are hereby established and are used as the basis for the Table of Screening Requirements set forth in Section 505. (a) Opaque Screen, Type "R": (1) the requirements of this Section may be met by construction or establishment of a wall, fence or screen which may be placed at the boundary of the adjoining property. Such wall, fence or screen shall: a, not be a part of any building or structure; 5,3 b. must be constructed so a person can not see through it (visually opaque); and, C. must comply with the following appearance criteria: I. must be constructed of new uniform materials from and to end and from top to bottom so as to present a uniform appearance; ii, must be constructed so as to be sturdy enough to withstand storm wind loads and the general destructive tendencies of annual weather patterns; Ill. must be constructed so as to be expected to have a useful life of ten (10) years or more; Iv. must be maintained in a constant state of good repair; V. must be constructed of materials and in a manner generally accepted as proper in the building industry or by N.C..State Building Codes; and, vi. fences of the chain link type with plastic inserts or filler strips shall not comply with this Section. (2) the requirements of this Section may be met by establishment of a vegetative buffer, landscaped earth berm, planted vegetation or existing vegetation twenty-five (25) feet in width forming a Screen described as follows: a. a screen that is opaque from the ground 5.4 9 to a height of at least six (6) feet, with Intermittent visual obstructions from the opaque portion to a height of at least twenty (20) feet. An opaque screen is intended to exclude completely all visual contact between uses and to create a strong impression of spacial separation. The opaque screen may be composed of a wail, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of Intermittent visual obstructions should not contain any completely unobstructed openings more than ten (10) feet wide. The portion of Intermittent visual obstructions may.contain deciduous plants. Appendix E is incorporated herein as a suggested guideline for developers. (b) Semi Opaque Screen, Type"B": a screen that is opaque from the ground to a height of three (3) feet, with intermittent visual obstruction from above the opaque portion to a height of at least twenty (20) feet. The semiopaque screen is Intended to partially block visual contact between uses and to create a strong Impression of the separation of spaces. The semi -opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of s.s .intermittent visual obstructions should not contain any completely unobstructed openings more than ten (10) feet wide. The zone of Intermittent visual obstruction may contain deciduous plants. Suggested planting patterns which will achieve this standard are included in Appendix E. (c) Broken Screen, Type "C": a screen composed of intermittent visual obstructions from the ground to a height of at least twenty (20) feet. The -broken screen Is intended to create the Impression of a separation of spaces without necessarily eliminating visual contact between the spaces. it may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing - vegetation. The screen may contain deciduous plants. 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AM Isom is too 15700 is 3m Is.400 16 000 111100 u o0o 111100 n loo Item 70 000 71 ON 21.100. 700 11.300 77 000 24000 iscall 15000 72 o00 sl 000 71 om 71000 7s nnn saan. e.r..b Section 506 Flexibility in Rdministration Required. 1. The Board recognizes that, because of the wide variety of types of developments and the relationships between them, it is neither possible nor prudent to establish inflexible screening requirements. Therefore, as provided in Section 503, the permit issuing authority may Permit deviations from the presumptive requirements of Section 505 and may require either more intensive or less intensive screening whenever it finds such deviations are more likely to satisfy the standard set forth in Section 502 without imposing unnecessary costs on the developer. 2. Without limiting the generality of Subsection (1), the permit Issuing authority may modify the presumptive requirements for: (a) commerci-al developments located adjacent to residential uses In business Zoning Districts; (b} commercial uses located adjacent to other commercial uses within the some Zoning District; and, (c) uses located within Planned Unit Developments (for screening requirements within Planned Unit, Developments, see Rrticle 10). 3. Whenever the permit issuing authority allows or requires a deviation from the presumptive -requirements set forth in Section 505, it sha ff enter on the face of the Permit the screening requirement that it imposes to meet the standard set forth in Section 502 and the reasons for allowing or requiring the deviation. 4. If the permit issuing authority concludes, based upon information it receives in the consideration of a specific development proposal, that a presumption established by Section 505 is erroneous, it shall Initiate a request for an amendment to the suggested Table of Screening Requirements in accordance with the procedures set forth in Rrticle 24. • 5. 7 Combination Uses. 1. In determining the screening requirements that apply between a combination use and another use, the permit issuing authority shall proceed as if the principal uses that comprise the combination use were not combined and reach its determination accordingly, relying on the Table set forth in Section 505 interpreted in the light of Section 506. 2. When two (2) or more principal uses are combined to create a combination use, screening shall not be required between the component principal uses unless they are clearly separated physically and screening Is determined to be necessary to satisfy the standard set forth in Section 502. Section 508 Subdivisions. When undeveloped land is subdivided and undeveloped lots only are sold, the subdivider shall not be required to install any screening. Screening shall be required, if at all, only when the lots are developed, and the responsibility for installing such screening shall be determined in accordance with the other requirements of Part I of this Article. • 5.8 Part SHRDINO Section 509 Board Findings and Declaration of Policy on Shade Trees, 1, The Board finds that: (a) trees are proven producers of oxygen, a necessary element for human survival; (b) trees appreciably reduce the ever-increasing, environmentally dangerous carbon dioxide content of the air and play a vital role In purifying the air we breathe; (c) trees transpire considerable amounts of water each day and thereby purify the air much -like the air - washer devices used on commercial air conditioning systems; (d) trees have an important role in neutralizing waste water passing through the ground from the surface to ground water tables and lower aquifers; (e) trees, through their root systems, stabilize the ground water tables and play an important and effective part in soil conservation, erosion control and flood control; (f) trees are an invaluable physical, aesthetic and psychological counterpoint to a developed setting, making life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare and breaking the monotony of human developments on the land, particularly parking areas; and, (g) for the reasons indicated in Subsection (f) above, trees have an important impact on the desirability of land and therefore on property values, • 5,9 2. Based upon the findings set forth In Subsection (1), the • Board declares that it Is not only desirable but essential to the health, safety, and welfare of all persons living or working within the County of Currituck to protect certain existing trees and, under the circumstances set forth In this Article, to require the planting of new trees in certain types of developments. Section 510 Required Trees Rlong Dedicated Streets. Along both sides of all newly created streets that are constructed in accordance with the public street standards set forth in Article 3, the developer shall either plant or retain sufficient trees so that, between the paved portion of the street and a line running parallel to and fifty feet (50) from the centerline of the street, there is for every thirty (30) feet of street frontage at least an average of one (1) deciduous tree that has or will have, when fully mature a trunk at least twelve (12) inches in diameter. When trees are planted by the developer pursuant to this Section, the developer shall choose trees that meet the suggested standards set forth in Appendix E. Section 511 Retention and Protection of Large Trees. 1. Every development shall retain all existing trees eighteen (18) inches in diameter or more, unless the entire area is shown as woodland, or unless the retention of such trees would unreasonably burden the development. 2. No excavation or other subsurface disturbance may be undertaken within the drip line of any tree eighteen (18) Inches in diameter or more, and no impervious surface (including,.but not limited to, paving or buildings) may be located within 12.5 feet (measured from the center of the trunk) of any tree eighteen (18) inches in diameter or more unless compliance with this Subsection would unreasonably burden the development. For purposes of this Subsection, a drip line is defined as a perimeter formed by the points farthest away from the trunk of a • 5. 10 tree where precipitation falling from the branches of that tree lands on the ground, • 3. The retention or protection of trees eighteen (18) inches in diameter or more as provided in Subsections (1) and (2), unreasonably burdens a development if, to accomplish such retention or protection, the desired location of improvements on a lot or the proposed activities on a lot would have to be substantially altered and such alteration would work an unreasonable hardship upon the developer. Inconvenience to equipment operators does not constitute an unreasonable burden, 4. If space that would otherwise be devoted to parking cannot be used because of the requirements of Subsections (1) or (2), and as a result, the parking requirements set forth in Article 4 cannot be satisfied, the number of required spaces may be reduced by the number of spaces "lost" because of the provisions of Subsections (1) and (2), up to a maximum of fifteen percent (15%) of the required spaces, 0 Section 512 Shade Trees in Parking Areas. 1, Uehicle accommodation areas that are required to be paved by Section 407 must be shaded by deciduous trees (either retained or planted by the developer) that have or will have when fully mature a trunk at least twelve (12) Inches in diameter. When trees are planted by the developer to satisfy the requirements of this Subsection, the developer shall choose trees that meet the standards suggested in Appendix E. 2, Each tree of the type described in Subsection (1) shall be presumed to shade a circular area having a radius of fifteen (15) feet with the trunk of the tree as the center, and there must be sufficient trees so that, using this standard, twenty percent (20%) of the vehicle accommodation area will be shaded. 3. No paving may be placed within 12,5 feet (measured from the center of the trunk) of any tree retained to comply with Subsection (1), and new trees planted to comply with Subsection (1) shall be located so that they are surrounded by at least 200 square feet of unpaved area. 4. Uehicle accommodation areas shall be laid out and detailed to prevent vehicles from striking trees. Uehicles will be presumed to have a body overhang of three feet six inches (3'6'). Section 513 Protection of Trees During Construction. 1. The permit recipient shall be responsible for ensuring that all existing trees specifically shown on approved plans as being retained to provide screening or shading area are protected during the construction process from removal, destruction, or injury. The permit recipient shall ensure that, before any excavation takes place on the site, a barrier is erected around the dripline of all such trees sufficient to put on notice all construction personnel that the area within the dripline of such trees is not to be disturbed. 2. If a violation of Subsection (1) occurs and as a result a tree is removed or dies within two (2) years after a certificate of occupancy is granted for that portion of a development where such tree Is or*was located, then the permit recipient (or his successor) shall be required to replace the tree with one at least of equal diameter, up to a diameter of four (4) inches. Such replacement must take place within one (1) year after the death or removal of the tree occurs, and this obligation shall be a continuing condition of the validity of the Permit. 5. 12 RRTICLE 6 UTILITIES Section 601 Utility Ownership and Easement Rights, In any case in which a developer installs or causes the installation of water, sewer, electrical power, telephone, or cable television facilities and intends that such facilities shall be owned, operated or maintained by a public utility or any entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities. Section 602 Lots Served by County Owned Water Lines, 1, Whenever it is legally possible and practicable in terms of topography to connect a lot with a county water line (other than a line owned by the Ocean Sands Water • and Sewer District) by running a connecting line not more than the distance set forth below from the lot to such line, then no use requiring water service may be made of such lot unless connection is made to such line. The developer shall provide all the necessary pipes and accessories for installation of the water lines as set forth herein and all materials and pipes so provided must meet or exceed the standards established for the County water system, (a) if the tract in question -is proposed to be developed for residential purpose, then the distance within which connection must be made shall be 200 feet plus 10 feet for each unit in excess of 4 units within the development. If the tract in question is proposed to be developed for non- residential purposes, then the distance within which connection must be made shall be determined by transposing the projected demand of the proposed non-residential use into the demand created by an • 6.1 equivalent number of average residential units and • using the foregoing formula; (b) in determining units in a development, tracts proposed to be subdivided and not using Multi - Family subdivisions shall have their total unit potential determined by calculating the maximum number of units allowable for each proposed lot. The total number of units proposed on other developments shall be as shown on the proposed site plan; and, (c) in determining the number of dwelling units proposed for a tract, the relevant inquiry relates to the number proposed for the entire tract rather than a single phase of the proposed project. 2. Connection to such water line is not legally possible if, In order to make connection with such line by a connecting line that does not exceed the distance prescribed above, it is necessary to run the connecting line over property not owned by the owner of the property to be served by the connection, and, after diligent effort, the easement necessary to run the connecting line cannot reasonably be obtained. Section 603 Sewage Disposal Facilities Required. 1. Every principal use and every lot within a subdivision shall be served by a sewage disposal system that is adequate to accommodate the reasonable needs of such use or subdivision lot and that complies with all applicable health regulations. 2. No sewage treatment system that discharges into surface waters shall be allowed, Section 604 Determining Compliance With Section 603. 1, Whenever any major subdivision In any residential Zoning • 6.2 District DroDoses to comolu with Section 603 bu usino septic tanks or other ground absorption systems subject to the regulatory jurisdiction of the Currituck County Health Department, no Special Use Permit may be issued (i.e. Preliminary Plat approval may not be granted) until the Health Department has certified that each lot shown on the Preliminary Plat has been inspected and found suitable for a septic tanks or other ground absorption system capable of serving at least a three (3) bedroom house. 2. Final Plat approval for any major or minor subdivision that proposes -to comply with Section 603 by using septic tanks or other ground absorption systems under the Currituck County Health Department's regulatory jurisdiction may not be granted until the Health Department has certified that each lot shown on such Final Plat has been inspected and found suitable for a waste treatment system capable of serving the intended or likely use of such lot. Health Department certification under Subsection (1) shall suffice to comply with this Subsection so long as there has been no substantial Schange between the Preliminary and Final Plats of the subdivision in question. 3. Whenever a development proposes to comply with Section 603 by resort to a sewage treatment system not subject to the regulatory jurisdiction of the Currituck County Health Department, any development permit issued under this Ordinance shall be regarded as issued contingent upon the developer (1) obtaining necessary approvals for such sewage treatment system from the appropriate regulatory agencies and (ii) properly installing such system to serve the development. RII permits shall be obtained prior to Preliminary Plat approval. No Final Plat approval shall be issued until all utilities including water, septic, or sewer systems are operational to the satisfaction of the Board of Commissioners. Section 605 Water Supply System Required. Every principal use and every lot within a subdivision shall be served by a means of water supply that is adequate to 0 6.3 accommodate the reasonable needs of such use or subdivision • lot and that complies with all applicable health regulations. Section 606 Determining Compliance with Section 605. The permit issuing authority may, before issuing any permit under this Ordinance, make such investigation and require the developer to submit such information as appears reasonably necessary to ensure that the developer or his successor will be able to comply with Section 605. Section 607 Lighting Requirements, 1. Within all major subdivided developments all private roads, all public roads constructed here after and dedicated to the North Carolina Department of • Transportation within developments, sidewalks, and other common areas or facilities in developments shall be sufficiently illuminated to ensure the security of • property and the safety of persons using such roads, sidewalks, and other common areas or facilities. 2. All entrances and exits in buildings used for non- residential purposes and In two-fomily or multi -family residential developments containing more than four (4) dwelling units shall be adequately lighted to ensure the safety of persons and the security of the buildings. 3. Illumination requirements must be met prior to Final Plat approval or prior to the issuance of an Occupancy Permit where Final Plat approval is not required by this Ordinance. Section 608 Excessive Illumination. Lighting within any .lot that unnecessarily illuminates any other lot and substantially Interferes with the use or enjoyment of such other lot is prohibited. 0 6,4 Spntlnn tng Underground Utilities. 1. Subject to Subsection (4) all electric power lines (not to include transformers or enclosures containing electrical equipment including, but not limited to, switches, meters or capacitors which may be pad mounted), telephone, gas distribution, and cable television lines in subdivisions constructed after the effective date of this Ordinance shall be placed underground in accordance with the specifications and policies of the respective utility service providers and located in accordance with applicable D.O.T. requirements. 2. Subject to Subsection (d) whenever a development is hereafter constructed on a lot, parcel or tract that is undeveloped on the effective date of this Ordinance, then all electric power, telephone, gas distribution, and cable television lines installed to serve the development that are located on the development site outside of a previously existing public street right-of-way shall be placed underground in accordance with the specifications and policies of the respective utility companies. • 3. No electric power,- telephone, cable television or other P , P , , utility lines may be installed over the waters of the Currituck Sound, areas of environmental concern or wetlands and no utility poles may be erected within the waters of Currituck Sound areas of environmental concern or wetlands. 4. The provisions of this Section shall not operate to require the underground installation of any lateral service line in excess of 200.feet to serve a single family residence. Section 610 Utilities To Be Consistent With Internal and External Development. 1. Whenever it can reasonably be anticipated that utility facilities constructed in one development will be extended to serve other adjacent or nearby developments, such utility facilities (e.g., water or sewer lines) 0 6.5 shall be located and constructed so that extensions can be made conveniently and without undue burden or expense or unnecessary duplication of service. 2. All utility facilities shall be constructed in such a manner as to minimize interference with pedestrian or vehicular traffic and to facilitate maintenance without undue damage to improvements or facilities located within the development. Section 611 As -Built Drawings Required. . Whenever a developer installs or causes to be installed any utility line in any public right of way, the developer shall, as soon as practicable -after installation is complete, and before acceptance of any water or sewer line, furnish the County with a copy of a drawing that shows the enact location of such utility lines (this should be accomplished.during Final Plat review and approval) Such drawings must be verified as accurate by the utility ser0 cb-provider. Compliance with this requirement shall be a condition of the • continued validity of the permit authorizing such development. Section 612 Fire Hydrants. 1. Every development (subdivided or unsubdivided) that is served by a County owned water system or central water system shall include a system of fire hydrants sufficient to provide adequate fire protection for the buildings located or intended to be located within such development. 2. The presumption established by this Ordinance is that to satisfy the standard set forth in Subsection (1), fire hydrants must be located so that all parts of every building within the development may be served by a hydrant by laying not more than 500 feet of hose connected to such hydrant. However, the permit issuing authority may authorize or require a deviation from this standard if another arrangement more satisfactorily complies with the standard set forth in Subsection (1). 0 6.6 3. The permit Issuing authority, after consultation with local fire officials, shall determine the precise location of all fire hydrants. Preferably, fire hydrants shall be placed six (6) feet behind the curb line of publicly dedicated streets that have curb and gutter and must be placed within ten (10) feet of a public or private road or street: 4. The permit issuing authority shall, after consultation with local fire officials, determine the design standards of all hydrants based on fire flow needs. Unless otherwise specified, all hydrants shall have two 2 1/2 inch hose connections and one 4 1/2 inch hose connection. The 2 1/2 inch hose connections shall be located at least 21 1/2 inches from the ground level. All hydrant threads shall be national standard threads. 5. Water lines that serve hydrants shall be at least six (6) inch lines, and, unless no other practicable olternative� is available, no such lines shall be dead-end lines. • Section 613 Water Supply for Fire Protection in Developments Not Served By Public Water Supply System. 1. Every residential development containing twenty (20) or more lots, every non-residential subdivision containing ten (10) or more lots, and every development that includes one or more buildings containing a total of at least 10,000 square feet of gross floor area shall provide a supply of water that is sufficient to provide adequate fire fighting capability with respect to every building that is reasonably expected to be constructed within such development. (a) the Administrator shall determine the types, sizes, dimensions, and spatial relationships of buildings anticipated within the development by using the best information available, including, without limitation, market experience, the developer's plans, and the List of Permissible ????Uses and other requirements set forth In this Ordinance; 0 6.7 the developer may provide the required water supply by resort to ponds, wells, cisterns, above ground storage tanks, water lines (where a community water supply system is installed), any combination of the foregoing, or any other means, so long as such facilities satisfy the requirements of this Section; (c) the water supply facilities may be located on or off the site of the development. However, off -site facilities shall be acceptable only if the developer has a sufficient legal interest in such facilities to ensure that such facilities will be available to serve the development as long as they are needed; (d) the water supply facilities must be of such size and so located that within 2,500 feet of every anticipated building in such development a sufficient volume of water is available at all times of the year to supply the water flow needed • to suppress a fire on each building (as determined under Subsection (e) below) for a period of two (2) hours; , (e) in determining needed water flow for anticipated buildings, the Administrator shall be guided by the standards promulgated by the Insurance Service Office, which standards shall be available in the office of the Administrator, However, the Administrator may modify these standards warranted upon the advice of the chief of the applicable volunteer fire department to the end that the basic objective of this Section set forth above might most reasonably be satisfied; (f) water supply sources shall be so located so that fire fighting vehicles will have ready access to such sources at all times. A hard surfaced roadway shall be provided to the water source as well as a hard surfaced, turnaround area of sufficient 5,8 dimensions to facilitate access bg fire fighting • vehicles to and from the water source; (g) water supply sources shall be provided with the necessary equipment and connections (e.g., dry hydrants in ponds) to ensure that fire fighting equipment can draw water from such sources in the most efficient manner reasonably possible; and, (h) the developer or his successor shall be responsible for ensuring that all water supply sources, access roadways, and other facilities or equipment required under this Subsection are maintained. Section 614 Sites for and Screening of Dumpsters. 1. Every development that, under the County's solid waste collection policies or otherwise, is or will be required to provide one (1) or more dumpsters for solid waste collection shall provide sites for such dumpsters that are: (a) located so as to facilitate collection and minimize any negative impact on persons,occupying the development site, neighboring properties, or public rights -of -way; (b) constructed according to specifications established by the Public Works Director to allow for collection without damage to the development site or the collection vehicle; and, (c) the size and location of the site shall be approved by the Public Works Director prior to Preliminary Plat approval. 2. All such dumpsters shall be screened if and to the extent that, in the absence of screening, they would be clearly visible to: (a) persons located within any dwelling unit on 6. 9 residential property other than that where the dumpster Is located; (b) occupants, customers, or other invitees located within any building on non-residential property other than that where the dumpster is located, unless such other property is used primarily for purposes permitted exclusively in an LM or HM Zoning District; and, (c) persons traveling on any public street, sidewalk, or other public way. 3. When dumpster screening is required under this Section, such screening shall be constructed, installed, and located to prevent or remedy the conditions requiring the screening. 4> The Public Works Director shall develop a formula approach providing for the number and size of dumpster sites per development which formula approach shall be made available to all interested parties. .Section t15 Backwash or Discharge from Central Water Systems. Ho discharge of any nature what so ever of water, chemicals, treated water, backwash from reverse osmosis systems, or discharge what so ever shall be deposited directly or indirectly into the waters of Currituck Sound, or its adjoining tributaries, rivers, streams, creeks, canals or other connecting water ways. R developer intending to use reverse osmosis or other water purification system shall comply in all respects to State requirements for the operation and maintenance of such systems but in no event shall such water system discharge any substance or water what so ever in to the waters of Currituck Sound or adjacent waters. 6. 10 • ARTICLE 7 OPEN SPACE AND SCHOOL SITES Section 701 Open Space. 1. Except as provided in Subsection (3); (a) every major residential subdivision consisting exclusively of lots that are intended for single family use and that contain at least the minimum square footage set forth in Section 201 shall be developed so that at least five percent (5%) of the total area of the development remains permanently as open space; .and, (b) every major residential development of a type other than that described immediately above, Commercial Subdivisions, P.R.D. and Mixed Uses shall be developed so that at least fifteen percent (15%) of the total area of the development remains permanently as.open space. 2. For purposes of this Section, open space means an area that. (a) is not encumbered with any structure; (b) is not contained within a street right-of-way, or otherwise devoted to use as.a roadway, parking area, sidewalk, or above ground waste disposal facilities; (c) is legally and practicably accessible to the residents of the development out of which the open space is taken; (d) is not encumbered by underground septic lines, any • 7, 1 part of a sewage disposal system, or any above around or below around structure: • (e) is comprised of contiguous or adjoining land not separated by lot lines, roads, streets, sidewalks and utility easements and is all in one piece; and, (f) is capable of being used and enjoyed for passive recreation, such as walking, jogging, or being Improved for more active recreational use. 3. Subdivided residential developments of less than twenty (20) dwelling units are exempt from the requirements of this Section. 4. CAMA wetlands (as defined in North Carolina Administrative Code and as interpretated by the Division of Coastal Management 7K.0101) may not be used to satisfy the open space required in this Section. 5. In Planned Unit Developments, buildings, tennis courts, swimming pools, and other facilities provided for recreation for the general public or owners and members • of the Planned Unit Development, may be counted toward the open space requirement for a Planned Unit Development. Section 702 Reserve Utility Open Space. Every residential development containing more than twenty (20) lots or dwelling units served by septic tanks shall reserve an area, in addition to the open space area required herein, suitable in terms of size, location, soil type, topography, and other relevant factors to accommodate a community sewage treatment facility if one becomes necessary in the future due to septic tank failure or other reasons. This area is referred to -in this Article as reserve utility open space. It shall be the burden of the developer to provide plans and specifications to provide adequate reserve utility open space to the satisfaction of the County Engineer and Commissioners. • 7.2 Section 703 Ownership and Maintenance of Required Open Space. 1. Open space, man-made ponds and reserve utllJty open is space required to be provided by the developer in accordance with this Article shall not be dedicated to the public but shall remain under the ownership and control of the developer (or his successor) or a Homeowners Association or similar organization that satisfies the criteria established in Section 704. 2. The person or entity identified in Subsection (1) as having the right of ownership and control over such open space shall be responsible for the continuing upkeep and proper maintenance of the some. Determination of proper continuing upkeep and maintenance shall be the responsibility of the Administrator. 3. The developer shall place in a conspicuous manner upon the Final Plat of the subdivision prior to Final Plat approval a notation containing the following words: "Open space, ponds, and reserve utility open space required to be provided by the developer in accordance with this Ordinance shall not be dedicated to the public but shall remain under the ownership and control of the developer (or his successor) or a Homeowners Association or similar organization that satisfies the criteria established in Section 704 of therCurrituck County Unified Ordinance" Section 704 Homeowners Associations. 1. Homeowners Associations or similar legal entities that, pursuant to Section 703, are responsible for the maintenance and control of open space areas shall be established in such a manner that: (a) provision for the establishment of the Association or similar entity is made before any lot in the development is sold or any building occupied; (b) the Association or similar legal entity has clear 7.3 legal authority to maintain and exercise control over such common open space areas: and. • (c) the Association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas. Section 705 Flexibility in Administration Authorized. 1. The requirements set forth in this Article concerning the amount, size, location and nature of open space to be provided in connection with residential developments are established by the Board as standards that presumptively will result in the provision of that amount of open space that is consistent with or generally recognized standards relating to the need for such areas. The Board recognizes, however, that due to the particular nature of a tract of land, or the particular type or configuration of development proposed, or other factors, the underlying objectives of this Article may be achieved even though the standards are not adhered to with mathematical precision, Therefore, the permit Issuing body Is authorized to permit minor deviations from these standards whenever it determines that; (i) the objectives underlying these standards can be met without strict adherence to theme; and (ii) because of peculiarities in the developer's tract of land or the particular type or configuration of development proposed, It would be unreasonable to require strict adherence to these standards. 2. Whenever the permit issuing Board authorizes some deviation from the standards set forth in this Article pursuant to Subsection (1), the official record of action taken on the development application shall contain a detailed statement of the reasons for allowing the deviation. 7.4 Section 706 Reservation of School Sites. If a development plan submitted for approval includes a proposed school site that has been designated in the Land Use Plan (in accordance with G.S. 153R-331 [Contents and Requirements of Ordinance]), the County shall immediately notify the Board of Education. If the Board of Education does not wish the site to be reserved, no site may be reserved. If the Board of Education does wish the site to be reserved, the development shall not be approved without the reservation. Rs provided in G,S, 1538-331 [Contents and Requirements of Ordinance], the Board of Education must acquire the site within eighteen (18) months after the date the site Is reserved, and if it fails to do so the developer may treat the land as freed of the reservation. r: 0 7.5 ARTICLE 6 i SUPPLEMENTARY USE REGULATIONS Section 801 Temporary Emergency, Construction or Repair Residences. 1. Temporary residences used on construction sites of nonresidential premises shall be removed immediately upon the completion of the project. 2. Permits for temporary residences to be occupied pending the construction, repair, or renovation of the permanent residential building on a site shall expire within six (6) months after the date of issuance, except that the Administrator may renew such Permit for one additional period.not to exceed three (3) months if he determines that such renewal is reasonably necessary to allow the proposed occupants of the permanent residential building to complete the construction, repair, renovation or restoration work necessary to make such building habitable. Section 802 Temporary Construction and Sales Offices. 1. Within any District, a temporary building may be located on any lot or tract that is being developed so long as such building: (a) is used as a construction or field office related to the development of the tract where the office is located or as a place of storage for materials used in the development of such tract; or, (b) is used as a sales office solely in connection with the development where such temporary building is located; and, (c) is removed within thirty (30) daus after completion of construction work on the tract where the • building is located or within thirty (30) days after 95% of the lots or units have been sold. 2. For purposes of this Section, the term "temporary building" shall include (i) structures built in accordance with the North Carolina State Building Code as well as (ii) structures (that do not exceed the dimensions 12 ft. x 50 ft.) built in accordance with the standards promulgated by the U.S. Department of Housing and Urban Development, and temporary buildings shall be secured to the ground in a manner (approved by the County's Building Inspector) that reflects the temporary nature of the structure. 3. Within any real estate development offering lots or units for sale, a temporary sales office may be established (1) in a model or display unit that is or will be for sale, (ii) within any permanent building (such as a clubhouse or recreation facility) that will remain as part of the development after sales were completed, or (III) fully enclosed travel trailers used for storage purposes only. The business operations conducted within such an office shall be limited to sales and other matters involving just the property or development where such office is located and shall be discontinued within thirty (30) days after 95% of the -lots or units within the development have been sold. 4. Temporary buildings under this Section shall observe the setback requirements applicable to permanent buildings within the District where such temporary buildings are located. 5. Permits must be secured from the Building Inspector and Rdministr.ator prior to the location of any temporary buildings. Permits shall remain valid for twelve (12) months and may be renewed for�odditional twelve (12) month period upon a showing that the building is being used in conformity with this Section and reasonable progress is being made toward completion of the project. 8,2 9 Section 803 Crobshedding. 1. The requirements set forth in this Section shall apply only to crabshedding operations conducted in residential Zoning Districts and shall not apply to other Districts where this use is allowed. 2. General conditions; (a) all phases of the operation must be conducted not less than ten (10) feet from the property line and not less than fifty (50) feet from any neighboring residence; (b) no odor, fumes or excessive noise or traffic shall be allowed; (c) on -premise freezing, packing and preparation for shipping shall be allowed; (d) no storage, sale or purchase or hardcrobs or bait shall be allowed; and, (e) no more than one (1) truck,.van, care or other vehicle or part of a vehicle which is visibly for commercial use may be kept on the property, nor any such vehicle or trailer which is larger than 8 feet x 32 feet. 3. Specific conditions; (a) R, RR and RR Districts; (1) a sign not exceeding six (6) feet is permitted; (2) on -premise and sale of soft crabs or peeler crabs allowed; and, 9 8.3 (3) open storage must be fenced with opaque fencing, 0 (b) R District: (1) no sign or advertisement of any type shall be maintained on the property; (2) no on -premise purchase or sale of soft crabs or peeler crabs shall be allowed; and, (3) no open storage shall be allowed. Section 804 Camping and Campers 1, Camping is a permitted use of land only in camper subdivisions and recreational campgrounds, 2. No structure may be built on any lot designed for use by a camper with the exception of storage units 10' x 10' or smaller that can meet the following criteria: (a) storage units must maintain setbacks as set forth . in Rrticle 2, Section 205; (b) storage units may not be built on a permanent foundation; and, (c) storage units may not contain plumbing or electrical fixtures, 3. RII pre-existing permanent structures located on a camper lot, when this Ordinance was adopted, may continue and be maintained in good condition. Rny damage equalling twenty-five percent (25%) or more of the total structure's replacement cost may be replaced only in compliance with the requirements of this Ordinance, 4, Campers may be parked or stored on any lot, tract or parcel with an established dwelling in any Zoning District, or in an approved campground, or approved camper storage lot, provided such equipment shall not be used for overnight occupancy or as a dwelling unit, 0 8,4 S. Additions to campers are not permitted, nor may campers be used as an addition to any structure. b. Campers may not have wheels removed and be blocked so as to make it a permanent structure, nor will underpinning be allowed. 7. An approved sewage disposal system shall be provided in all campgrounds that are designed for campers or'that allow use by campers. 8. No variance may be obtained that would circumvent the intent of this Section. 9. The use of a travel trailer as a temporary residence in connection with the construction of a dwelling shall be permitted provided that It is occupied by the owner of the dwelling (not the contractors or subcontractors). 10, No camper larger than eight feet by thirty-two feet (0' x 32') shall be located on a designated camper lot. • 8.5 s • • ARTICLE 9 • PROCEDURES FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS PART 1 MAJOR SUBDIVISION REVIEW AND APPROVAL PROCEDURES Section 900 General; 1. No Plat of a subdivision within the jurisdiction of the Currituck County Planning Board shall be accepted for recordation by the Register of Deeds until and unless final approval has been given by the Currituck County Board of Commissioners, the Currituck County Planning Board, or the Currituck County Administrator acting as the authorized agent of the Currituck County Board as set forth herein. To obtain Final Plat approval, the subdivider shall generally follow the procedures • contained herein. The provisions contained in this Section of the Ordinance shall apply to all subdivisions having six (6) lots or more and not otherwise meeting the criteria for "Minor or "Private Access Subdivisions," as described in Parts II and III of this Article. 2. Any expenses involved in the improvement of any property prior to the written receipt of Preliminary Plat approval by the Currituck County Commissioners shall be incurred solely at the risk of the owner/developer, Preliminary Plat approval shall in no way be.construed as constituting an official action of approval for recording of the subdivision as required by this Article. To secure such approval of a Final Plat, the subdivider/developer shall generally follow the procedures established in this Article. 3. Concurrent submittals will not be accepted by the Planning Department unless no improvements are required. All submittals shall obtain the necessary approvals prior 0 9, 1 to the next submittal being accepted into the review process. Section 901 Sketch Design Plan - Required Procedures, Submission Checklist And Review Process. 1. Pre-Rpplication Conference: (a) a pre -application conference between the subdivider and the Administrator shall occur prior to any presentation to the Technical Review Staff and Planning Board. Any effort to secure this conference is the sole responsibility of the subdivider or his agent. The primary purpose of this conference Is to provide assistance and guidance to the subdivider for the swift and least interruptible review of the proposed subdivision. To ensure an equal understanding, this conference will provide a mutual exchange of basic information that is needed to facilitate and clarify the requested review process for all subdivisions; and, • (b) to carry out the purpose of the pre -application conference, the subdivider and the Administrator shall be responsible for the following actions: (1) actions by the subdivider a. the subdivider shall present an outline, drawing, sketch or draft of the area to be subdivided that will accurately provide site information for reasonable discussion; b. the subdivider shall provide general site information regarding water supply, sewage disposal, surface and subsurface drainage, flood hazard areas, street dedications and soil erosion/ sedimentation control requirements for the development of the tract; and, 9.2 C. any further supportive plans or Information that may be required for the • determination of this review status. (2) actions by the Administrator a, the Administrator will provide to the subdivider all necessary guidance as to the required review process for the particular tract in question based upon the information given by the subdivider and the following points of public concern: 1. the subdivider will be informed if a change in Zoning shall be required for the subject tract or part thereof; 11, the subdivider must initiate any necessary rezoning applications; ill. In no event will any Final Plat be • presented for approval prior to the Board Of Commissioners approval of the requested zoning change; iv, direct assistance to the subdivider to ensure full compliance with the Subdivision Regulations; V. outline the other public agencies that the subdivider must approach for explicit direction; and, vi. any further information that will aid the subdivider to meet the requirements of the review process. 0 9.3 Section 902 Sketch Design Plan Submission Checklist. 1. General (a) a Sketch Plan shall be submitted to the Administrator for presentation of all subdivisions; and, (b) the subdivider shall submit fifteen (15) black or blue line copies along with one (1) 8-1/2" X 11" reduced copy. 2. Content - The Sketch Plan shall contain or provide the following information for the entire contiguous land holding of the subdivider: (a) the name of the subdivision and its location by municipality or township, county and state; (b) vicinity map showing the location of the subdivision in relation to neighboring tracts, • subdivisions, roads, and waterways; (c) name, address, and telephone number of the owner and/or subdivider; (d) north arrow and scale; scale to be 1"-200' or larger; (e) existing information; boundaries of the tract to be subdivided, together with bearings and distances; location of property lines, streets, structures, water courses, railroads, utility transmission lines and structures, water lines, bridges, culverts, storm drainage pipes, and easement within the tract to be subdivided and within fifty (50) feet of the property line. Ownership of adjoining land; (f) total acreage of the tract to be subdivided; • 9. 4 (g) minimum lot size and the total number of lots; • (h) Base Flood Elevation line conforming to the 100- year and 500-year Flood boundary as delineated on the "Flood Insurance Rate Map, Currituck County"; (i) the boundaries of the tract and the portion of the tract to be subdivided; (J) the proposed street right-of-way and lot layout, Including lot lines; (k) streets and lots of adjacent developed or platted properties; (1) the Zoning classification of the tract and of adjacent properties; (m) tentative surface and subsurface drainage; (n) development information such as proposed natural buffers, pedestrian, bicycle and other rights -of - way and other easements, their location, width and • purpose. Lot dimensions, square footage, and lot and block numbers. Layout of proposed utilities (sewer, water, drainage, gas, electricity, telephone showing connection to existing systems or easements reserved for proposed or potential systems. Location plans for individual water supply, sewage disposal, storm drainage, and other recreational or open spaces accompanied by provisions concerning their future ownership and maintenance. Any proposed modifications to. topography; (o) approximate location of land to be dedicated or reserved for public or private use (parks, recreation areas or open space) and the approximate amount of area; (p) approximate location of existing structures; (q) the approximate location of all designated Areas of 9.5 Environmental Concern within the subdivision or other such areas which are Environmentally • sensitive, such as CRMR Wetlands or "404 Wetlands"; H proposed street names; (s) natural features such as the location of wooded areas, swamps, wetlands, water bodies (streams, sounds, etc.) Soil types and contour intervals of two (2) feet with flood elevation data may be required; and, (t} any additional information which would be supportive to -the review process as required by the Administrator. 3. Design Standards. RII Major Subdivisions shall be designed to meet the following requirements: (a) streets and roads (1) all streets paved: all streets within a • subdivision must be developed to meet current State standards for road construction; (2) coordination and continuation of streets: the proposed street layout within a subdivision shall be coordinated with the existing street system of the surrounding area, and, where possible, existing principal streets shall be extended; (3) access to adjacent properties: where, in the opinion of the Board of Commissioners, it is necessary to provide for street access to an adjoining property, proposed streets shall be extended by dedication to the boundary of such property and a temporary turnaround easement shall be provided. The use of residential strips of land in order to prevent the extension of proposed or existing • 9,6 streets or access thereto is prohibited. Landlocked parcels shall not be created; (4) marginal access streets: where a tract of land to be subdivided adjoins a principal arterial street, the subdivider may be required to provide a marginal access street parallel to the arterial street or reverse frontage on a minor street for the lots to be developed adjacent to the arterial. Where reverse frontage is established, private driveways shall be prevented from having direct access to the principal arterial. Also, an additional twenty-five (25) foot buffer zone, in addition to the minimum lot dimension will be required on the side of the lot which abuts the principal arterial street. This buffer zone may be counted toward the open space requirement and may be platted as open space or as a portion of each • individual lot; (5) construction standards: all streets shall . have rights -of -way and construction meeting standards set by the North Carolina Department of Transportation for acceptance and maintenance as part of the State system of highways. The Division of Highways, through its District Highway Engineer, must approve the Plat with respect to all such streets prior to recording. Without such approval the Plat cannot be recorded; (6) signs: a. proposed streets which are obviously in alignment with existing streets shall be given the some name, in assigning new names, duplication of exi.sting names shall be avoided and In no case shall the proposed name be phonetically similar to existing names irrespective of the use of a suffix such as street, 9.7 road, drive, place, court, etc. Street names shall be subject to the approval • of the Planning Board. The subdivider shall be required to provide, erect, and arrange for maintenance of street signs of a legible and durable construction; and, b. traffic control signs (and signals if deemed necessary by the County) shall be erected and maintained by the developer at each street intersection within the subdivision and at each intersection of a subdivision street and a state - maintained road or access road. Signs shall comply with the Department of Transportation regulations with regards to size, shape, color, location and information contained thereon. (7) through.traf.fic discouraged on collector and minor streets: collector and minor streets shall be so laid out that their use by • through traffic will be discouraged. Streets shall be designed or walkways dedicated to assure convenient access to parks, playgrounds, schools, and other places of public assembly; (8) blocks: blocks shall not be less than 400 feet nor more than 1,000 feet in length. Block widths shall be sufficient to allow two (2) tiers of lots of minimum depth. (9) "cul de sacs: " no 'cul de sac' or dead end street shall exceed 1,000 feet length nor be less than 100 feet in length; (10) intersections shall be more than 125' apart; and, (11) where access to a subdivision site is by a 0 9.8 road not meeting current State standards, that road shall be Improved by the developer • to meet current standards. CAMA Wetlands: where any lot or site includes as a portion thereof an area of "wetland", as determined by on -site evaluation of the county technical staff, such wetland area may not be counted as part of the minimum square footage required of any lot for development, nor for any requirement for open space. Wetlands are those swamps which are subject to regular or periodic flooding and bear characteristic vegetation or as defined in the North Carolina Administrative Code description any salt marsh or other marsh subject to regular or occasional flooding by tides, including wind tides provided this shall include hurricane or tropical.storm tides. Soils: no lots requiring.over twenty-four (24) inches of fill to attain required separation for on -site septic system shall be developed or used for building purposes. Water Access: for subdivisions of twenty (20.) or more lots, where property being subdivided abuts public trust or estuarine waters, adequate areas suitable for access to those • waters by the property owners shall be established. At a minimum, this area shall include 20,000 square feet; and shall be contiguous to the tract being developed. Utility Easements: each subdivision must provide 10' easements for utilities and drainage including but not limited to water and sewer main along rear and side lot lines for service to all lots within the subdivision. Drainage: each subdivision shall provide adequate storm drainage for all areas in the subdivision. A combination of storage and controlled release of storm water run-off is required. The release rate of storm water from all developments shall not exceed the storm water run-off from the area in its natural state for all intensities and durations of rainfall. All free flowing storm drainage systems shall be designed to accommodate the run-off generated by a 15 year design storm. Plans must address maintenance of the drainage system. The plan shall be subject to review by County Technical Staff. • 9.9 Erosion: cut and fill shall be limited to affecting no more • than fifty percent (50%) of the site. Fill shall not encroach on natural water courses, their flood plains or constructed channels in a manner so as to adversely affect the water bodies or adjacent property owners. Sediment traps, basins, and other control measures for limiting erosion shall be coordinated with construction plans. Uegetation: significant stands of trees containing five (5) or more hardwoods or fifteen (15) or more softwood, as well as trees of historical significance, are to be preserved. However, where the entire tract is so wooded, development shall retain as much vegetation as practical. Cultural and Historic: the developer shall not ,destroy buildings and structures of cultural or historic significance, as determined by County Technical Staff in consultation with State preservation officials. No developer may usurp, abolish, or restrict public access areas to the waters of Currituck Sound or other local bays, sounds, creeks, rivers or canals which public access has been historically enjoyed by the people of Currituck County. • Schools, Fire and Police, Etc.: for subdivisions involving 100 or more lots, the developer will set aside space for community facilities, namely 1 acre of land with soils suitable for development for each 100 I-ots. This requirement shall be in excess of the required open space. Fee in Lieu of Dedication: in lieu of dedication of land for open space and/or dedication of land for community facilities, the developer may, at the County's option, make a payment to the County of an amount of money equal.in value to the land as it would be appraised following its subdivision. Lots. 1. General. (a) every lot shall front or abut a street maintained road or paved subdivision street, except as provided for in a Planned Unit Development or in a • 9. 10 Private Access Subdivision. Lot sizes, shapes and locations shall be made with due regard to • topographic conditions, contemplated use and surrounding area. Minimum frontage on the street shall be equal to the minimum lot width required by this Ordinance, except that lots at the end of a cul-de-sac shall have a minimum 35' radius frontage. 2. Subdivisions Subject to Unified Development Ordinance District Regulations: lots shall conform to the area, dimensional and building setback requirements as prescribed in this Ordinance for the appropriate Zoning District in which the proposed subdivision will be located. Where the requirements of the subdivision regulations are greater or more restrictive than those of this Ordinance, the subdivision regulations shall prevail. 3. Double Frontage: double frontage or reverse frontage lots shall be avoided, except where used in conjunction with the provision for marginal access streets. Double frontage lots require a buffer of twenty-five (25) foot • in addition to other dimensional requirements. A ten (10) foot buffer may be considered sufficient if it is densely vegetated or combines vegetation with a six (6) foot fence of solid construction from the ground up. Addition of a buffer may not be used to reduce lot width requirements. C7 4. Corner Lots: corner lots shall be 10' wider than the required minimum in order to accommodate the additional setback required. Corner lots shall be designed to face upon the lesser of the two intersecting streets. 5, Side Lot Lines: side lot lines shall be substantially at right angles or radial to street lines. Where side lot lines intersect at the rear of the lot, the angle of intersection shall not be less than sixty (60) degrees. M 9. 11 Section 903 Sketch Design Plan - Review Process • 1. The subdivider/developer shall submit fifteen (15) black or blue line copies, at a scale of 1"-200' or larger, one (1) 8-1/2" M 11" reduced copy and a completed application form to the Planning Department no later than twenty (20) working days prior to the next regularly scheduled Planning Board meeting date. A fee shall be charged upon submission of the Sketch Design Plans application as specified in the adopted "Fee Schedule" of the County, 2. The subdivider/developer or his agent must attend the Planning Board, and all subsequent Board meetings, for presentation of the application to the appropriate Boards and to answer any questions by Board members and others. 3. The Planning Board shall discuss with the subdivider/developer or his agent changes deemed advisable, if any, and the kind and extent of improvements to be made by him. 4. Upon hearing all remarks and recommendations by the subdivider/developer or his agent, County Staff and Technical Review Staff, if appropriate, the Planning Board shall recommend approval, approve conditionally, disapprove or table the request as conceptually presented. This shall not constitute official action of approval of the subdivision, 5. After receiving the Planning Board's recommendation for approval, approve conditionally or disapproval, the request will be forwarded to the Board Of Commissioners and a Public Hearing will be scheduled during the first Board Of Commissioners meeting of the month following the Planning Board's recommendation. 6. Upon conclusion of the Public Hearing, the Commissioners may approve, approve conditionally, disapprove or table the request as set forth in the Commissioner's Rules of Procedures and by State law. Because of the conceptual presentation involved, this shall not constitute official action of approval of the subdivision for recordation. • 9. 12 0 7, Receiving approval from the Board of Commissioners shall allow the subdivider/developer to proceed with • _ submission of all materials and information required for Preliminary Plat review process and to seek all Permits as required under this Article. Section 904 Preliminary Plat -Required Procedures, Submission Checklist Rnd Review Process. 1. General: (a) for every subdivision which does not qualify for the abbreviated procedure outlined in Part II and Part III of this Article, the subdivider shall submit to the Administrator a Preliminary Plat which must be reviewed by the Technical Review Staff and Planning Board, and approved by the Board Of Commissioners before any construction or Installation of improvements can begin; (b) the subdivider shall submit fifteen (15) black • or blue line copies to the Administrator, plus one (1) copy reduced to B-1/2" x 11"; (c) concurrent with submission of the Preliminary Plat to the Administrator, the subdivider shall submit copies of the Preliminary Plat and any accompanying material to those public officials and agencies concerned with new development, including where applicable, but not limited to, Department of Environmental Management (OEM), Department of Health Services (DNS) and other agencies and officials deemed necessary or desirable, for review and recommendation, The Administrator will help to advise the subdivider concerning which agencies are applicable for a given Plat, but it will ultimately be the subdivider's responsibility to obtain the required Permits and approvals; (d) Technical Review Staff: the Preliminary Plat shall 9.13 be submitted to the Rdministrator at least thirty (30) working doUs prior to the Planning Board • _ meeting at which time It will be.reviewed. The staff shall review the Preliminary Plat for general compliance with the requirements of this Ordinance and other official plans, Ordinances, and policies of the County, The Technical Review Staff.sholl make recommendations to the Planning Board Including any recommendations received from other public officials and agencies reviewing the Plat or concerned with new development; and, (e) the staff consists of: County Engineer, County Health Department, local UFO, Postal Service, Soils and Conservation, County Public Works Department, Coastal Management, U.S. Rrmy Corps of Engineers, Superintendent of Schools, NRCO-Land Quality, NRCO- Groundwater Section, NRCD-Rir Quality, NCDOT and other agencies.as-needed. Section 905 Preliminary Plat Submission Checklist, 1, Content, (a) Preliminary Plat shall be at a scale not to exceed one inch equals one hundred feet (1"-100') and shall depict or contain the information required in Section 902 plus the following additional information: (1) names of proposed streets and locations and widths of proposed street rights -of -way and street pavement; (2) proposed buffers, easements, rails, and the like, location, width, and purpose; (3) layout of lot arrangement including lot, lines, dimensions, and lot and block numbers; (4) proposed minimum building setback lines; (5) -location of proposed utilities (sewer, water, 0 9.14 drainage, gas, electricity, telephone) showing connections to existing systems or location plans for Individual water supply sewage disposal, storm drainage and other; (6) proposed location and size of parks, school sites, and other recreational or open spaces accompanied by provisions concerning their future ownership and maintenance; (7) site data: acreage in total tract and in parks and non-residential use; total number of lots; average lot size including dimensions and square feet; linear feet of streets; location of existing CAMA wetlands; all 404 wetlands delineated as approved by the U.S. Army Corps of Engineers; (8) grading plan: Indicating any proposed modification to topography at two"(2) foot contours (optional at discretion of Planning Board; • (9) engineering data: approximate street grade; design data for street corners and curves; plan and profile for streets and water and sewer lines, and any additional data which may be required by the State District Highway Engineer; (10) the local Coastal Area Management Act Permit (CAMA) Officer for his determination as to whether the subdivision is located either within or outside of a North Carolina Coastal Area Management Act Area of Environmental Concern. The Preliminary Plat shall contain a statement as follows, signed by the Local Permit Officer: "This Subdivision conforms to the standards of the North Carolina Coastal Area Management Act of 1974 and is/is not located within any Area of Environmental Concern," • 9, 15 • "Local Permit Officer" (11) if individual septic tanks are proposed for the development the County Health Department shall review, evaluate and indicate in writing to the Administrator his approval, conditional approval or rejection of each lot within the proposed development prior to Preliminary Plat approval by the Board Of Commissioners. 2, Any additional information which would be supportive to the review process are required by the Administrator, 3, Design Standards: all Major Subdivisions shall be designed to meet the requirements of Section 902 "Design Standards" of this Article, 4, Permits necessary for submittal of Preliminary Plats for Planning Board Review all necessary Construction Permits and approvals must be obtained by the subdivider/ • developer from all local, state and federal agencies requiring said approval of the development. Although not intended to be an all inclusive listing, a sampling of agencies are as follows: U.S, Army Corps of Engineers, CRMA, County Health Department, NRCD-Division of Environmental Management, DOT, NRCD-Department of Health Services, NRCD-Land Quality, etc. The burden of obtaining all necessary Permits and approvals are hereby the subdividers/developers responsibility. Section 906 Preliminary Plat -Review Process 1, The subdivider/developer shall submit fifteen (15) black or blue line copies at a scale of 1"-100' or larger plus one (1) copy reduced to B-1/2"-X 11", all supplementary materials required under this Article and a completed application form to the Planning Department prior to the established cut-off date for submissions to the Planning Board, R fee shall be charged upon submission of the 9.16 Preliminary Plans application as specified in the adopted , "Fee Schedule" of the County. • 2. The subdivider/developer or his agent must attend the Planning Board, and all subsequent Board meetings, for presentation of the application to the appropriate Boards and to answer any questions by Board members and others. 3. The Planning Board shall discuss with the subdivider/ developer or his agent changes deemed advisable, If anu, and the kind and extent of Improvements to be made by him, 4. Upon hearing all remarks and recommendations by the subdivider/developer or his agent, County Staff and Technical Review Staff, the Planning Board shall recommend approval, approve conditionally, disopprove.or table the application. 5. Within sixty (60) days from the date of its first review of the Preliminary Plat, the Planning Board will forward the Plat along with it's recommendations, including any conditions or modifications, to the Board Of Commissioners. Failure to forward the Plat within the allotted time shall have the some effect.as a recommendation for approval. 6. During the first regularly scheduled monthly meeting of the Board of Commissioners following recommendation by the Planning Board, the Board Of Commissioners will hear any and all remarks presented by the subdivider/ developer, Staff comments and recommendations, Technical Staff comments and others. Board Of Commissioners may approve, approve conditionally, disapprove or table the application. 7. If the Preliminary Plat is approved or approved conditionally, it shall be noted on two (2) copies of the Plat.by the Board Of Commissioners Chairman or his designee. One (1) copy shall be returned to the subdivider/developer and one (1) copy shall be retained by the Planning Department. If the Preliminary Plat is disapproved, the BOC Chairman or his designee shall • . 9. 17 specify the reasons for such action in writing. One (1) cop0 will then be attached and forwarded to the • subdivider/developer and one (1) copy will be retained by the Planning Department. B. Upon receiving approval of the Preliminary Plat by the Board Of Commissioners, the subdivider must receive a Construction Permit from the Planning/Inspections Departments. Construction Permits must be issued prior to any land disturbing activities -commencing on the development. Construction Permits can be obtained when all required Permits have been obtained by the subdivider, reviewed by the Administrator and meets or exceeds all requirements of this Ordinance. Failure to obtain the Construction Permit prior to any land disturbing activities may be cause for revocation of Preliminary Plat approval by the Board of Commissioners. If the proposed plans substantially change, at the direction of the Administrator (utilizing Section 2020), modifications shall be reviewed by the Planning Board and Board of Commissioners, as a regular agenda item, unless determined to be and handled as a new application, which shall require a Public Hearing. 9. Upon approval of the Preliminary Plat by the Board of Commissioners, the subdivider may proceed with the preparation of the Final Plat, and the installation of or arrangement for required Improvements in accordance with the approved Preliminary Plat and the requirements of this Article. Prior to approval of a Final Plat, the subdivider shall have installed the improvements in accordance with the approved Preliminary Plat and the requirements of this Ordinance, or guaranteed their Installation as provided in Section 913 of this Article. 10. Preliminary Plat approval will remain valid for one year following approval by the Board of Commissioners, after which it is null and void unless granted a written extension by the Board of Commissioners for a period not to exceed one year. More than one extension may be granted by this process. No such extension may be granted unless applied for before Preliminary Plat approval has expired as provided for herein. 0 9.18 11. Preliminary Plat approval shall in no way be construed as • constituting an official action of approval for recording of the subdivision as required by this Article. Section 907 Final Plat -Required Procedures Submission Checklist And Review Process. 1. General (a) no Final Plat will be accepted for review by the Planning Board unless accompanied by written notice by the Administrator acknowledging compliance with Section 906 of this Article; (b) the Final Plat shall constitute only that portion of the Preliminary Plat which the subdivider proposes to record and develop at this time; such portion shall conform to all requirements of this Ordinance. No Final Plat shall be approved unless and until the subdivider shall have installed in that area represented on the Final Plat all • improvements required by this Ordinance or shall have guaranteed their installation as provided in Section 913 of this Article; (c) the subdivider shall submit the Final Plat, so marked, to the Administrator not less than twenty (20) working days prior to the regular PI-anning Board meeting at which it will be considered; further, the Plat shall be submitted not more than twelve (12) months after the date on which the Preliminary Plat was approved, otherwise such approval shall be null and void, unless a written extension of this time limit is granted by the Board of Commissioners on or before the one (1) year anniversary of the approval; (d) the Final Plat shall be prepared by a surveyor licensed and registered to practice in the State of North Carolina. The Final Plat shall substantially conform to the provisions for Plats, Subdivisions, • 9.19 and Mapping requirements as set forth in G.S. 47-30 [Plats and Subdivisions; Mapping Requirements]; • (e) fifteen (15) copies of the Final Plat shall be submitted; three (3) of these shall be suitable for reproduction (drawn in ink on linen, vellum, or film or a reverse sepia); twelve (12) shall be black or blue line paper prints plus one (1) copy reduced to B-1/2" x 11"; (f) Final Plats shall be of a size suitable for recording with the Currituck County Register of Deeds and shall be at a scale of not less than one (1) inch equals one hundred (100) feet. Maps may be placed on more than one (1) sheet with appropriate match lines; and, (g) submission of the Final Plat shall be accompanied by a filing fee as specified in the adopted "Fee Schedule" of the County. Section 908 Contents. 1. The appropriate certificate forms as set forth below shall appear on all copies of the Final Plat; (a) Certificate of Approval I hereby certify that all streets shown on this Plat are within Currituck County, all streets and other improvements shown on this Plat have been installed or completed and that the subdivision shown on this Plat is in all respects in compliance with the Currituck County Unified Development, and therefore this Plat has been approved by the Currituck County Board of Commissioners, subject to its being recorded in the Currituck County Registry within ninety (90) days of the date below. Date Chairman, Board of Commissioners • 9.20 • (b) Certificate of Ownership and Dedication I hereby certify that I am the owner of the property described hereon, which property is located within the subdivision regulation jurisdiction of Currituck County, that I hereby freely adopt this Plat of subdivision and dedicate to public use all area shown on this Plat as streets, alleys, walks, parks, open space, and easements, except those specifically indicated as private, and that I will maintain all such areas until the offer of dedication is accepted by the appropriate public authority. All property shown on this Plat as dedicated for a public use shall be deemed to be dedicated for any other public use authorized by law when such other use is approved by Board of Commissioners In the public interest. Date Owner a notary public of County, North Carolina, do hereby certify that personally appeared before me this date and acknowledged the due execution of the foregoing certificate. Witness my hand and official seal this day of 19 Notary Public My commission expires (c) Certificate of Survey and Accuracy I hereby certify that this map (drawn by me) (drawn under my supervision) from (an actual survey made • 9. 21 by me) (an actual survey made under my supervision) (a deed description recorded in Book Pape • of the County Registry) (other); that the error of.closure as calculated by latitudes and departures .is 1s ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book , Page , and that this map was prepared in accordance with G. S. 47-30. Witness my original signature, registration number and seal this day of , 19 (Seal or Stamp) Registered Land Surveyor Registration Number I, a notary public of County, North Carolina, certify that , a registered land surveyor, personally appeared before me this date and acknowledged the execution • of the foregoing instrument. Witness my hand and official seal this day of 19 . Notary Public My commission expires MM MIME i . . . M11MMM I. - I hereby certify that the public streets shown on this Plat have been completed, in accordance with at least the minimum specifications and standards of the State Department of Transportation for acceptance of subdivision streets on the state highway system for maintenance. Date District Engineer 9,22 2. The Final Plat shall depict or contain the some Information as the Preliminary Plat (see Section-905), except it shall be revised to reflect changes and modifications made since that approval. In addition the Plat will reflect as -built engineering data with regard to: utility layout, storm sewers, water distribution lines, natural gas, telephone, and electric service. Plans must show the location of fire hydrants. It shall also contain sufficient engineering data to determine readily on the ground every straight or curved boundary line, street line, lot line, right-of-way line, easements line, setback line and all monuments, markers, and control points, plus any additional information which would be supportive to the review process as required during the review process. 3. Design Standards: all Major Subdivisions shall be designed to meet the following requirements: (a) two (2) copies of Rs -Built Plans shall be submitted, with one (1) copy filed with the Public Works Director and one (1) copy retained by the 40 Planning Department; (b) each Major Subdivision approved after the effective date of this Ordinance shall contain one (1) U- shaped sign identifying the subdivision. Such sign shall: (1) display the name of the subdivision as recorded with the Register of Deeds (no other information is allowed); (2) contain a maximum allowable square footage per side of 100 square feet; (3) be illuminated; (4) be permanent in nature, blend in with existing environment and the maintenance shall be the responsibility of the developer or the Homeowners Association and; 0 9.23 (c) refer to Section 902 "Design Standards" of the Article. Section 909 Final Plat - Review Process 1, The subdivider/developer shall submit twelve (12) black or blue line copies and three (3) mylors at a scale of 1" - 100' or larger plus one (1) copy reduced to 8- 1/2" x 11", all supplementary materials required under this Article and a completed application form to the Planning Department prior to the established cut-off date for submissions to the Planning Board. A fee shall be charged upon submission of the Final Plans application as specified in the adopted "Fee Schedule" of the County, 2. The subdivider/developer or his agent must attend the Planning Board, and all subsequent Board meetings, for presentation of the application to the appropriate Boards • and to answer any questions by Board members and others. 3. Upon hearing all remarks and recommendations by the subdivider/developer or his agent, County staff and Technical Review Staff, the Planning Board, shall recommend approval, approve condl*tlonally, disapprove or table the application, 4. Within sixty (60) days from the date of its first review of the Final Plat, the Planning Board will forward the Plat along with its recommendation, including any conditions or modifications, to the Board of Commissioners, Failure to forward the Plat within the clotted time shall have the some effect as a recommendation for approval, 5. During the first regularly scheduled monthly meeting of the Board of Commissioners following recommendations by the Planning Board, the Board of Commissioners will hear any and all remarks presented by subdivider/developer, Staff comments and recommendations, Technical Staff • 9.24 comments, and others. Board of Commissioners may approve, approve conditionally, disapprove or table the application. 6. If the Final Plat is approved or approved conditionally, it shall be noted on two (2) copies of the Plat by the Board of Commissioners Chairman or his designee. One (1) copy shall be returned to the subdivider/developer and one (1) copy shall be retained by the Planning Department. If the Final Plat Is disapproved, the Doord of Commissioners Chairman or his designee shall specify the reasons for such action in writing. One (1) copy will then be attached and forwarded to the subdivider/ developer and one (1) copy will be retained by the Planning Department. Section 910 Plat Approval Not Acceptance of Dedication Offers. Approval of a Plat does not constitute acceptance by the County or other public agency of the offer of dedication of any streets, sidewalks, parks or other public facilities shown on a Plat. However, the County or other public agency may, to ! the extent of its statutory authority, accept such other offer of dedication by resolution of the governing body or by actually exercising control over and maintaining such facilities. Section 911 Protection Against Defects. 1. Whenever (pursuant to Section 2016) occupancy, use or sale is allowed before the completion of all facilities or improvements intended for dedication, then the letter of credit or the surety (see Section 913) that is posted pursuant to Section 2016 shall guarantee that any defects in such improvements or facilities that appear within one (1) year after the dedication of such facilities or improvements is accepted, or within eighteen (18) months after such facilities are completed, whichever occurs first, shall be corrected by the developer. For purposes of this Subsection, the Administrator shall determine the date of completion of such facilities. 0 9.25 2. Whenever all public facilities or improvements intended for dedication are installed before-occuponcu, use, or • sale is authorized, then the developer shall post a letter of credit or other sufficient surety (see Section 913) guarantee that he will correct all defects in such facilities or improvements that occur within one (1) year after the offer of dedication of such facilities or improvements is accepted, or within eighteen (18) months after the completion of such facilities, whichever occurs first. For purposes of this Subsection, the Rdministrator shall determine the completion date of such facilities. 3. Rn architect or engineer retained by the developer shall certify to the County that all improvements have been constructed in accordance with the requirements of this Ordinance. This certification shall be a condition precedent to acceptance by the County of the offer of dedication of such facilities or Improvements. 4. For purposes of this Section, the term "defects" refers to any condition in facilities or improvements offered for public dedication that requires the County or other public authority to make repairs in such facilities over and above the normal amount of maintenance that they would require. if such defects appear, the guaranty may be enforced regardless of whether the facilities or Improvements were constructed in accordance with the requirements of this Ordinance. Section 912 Maintenance of Dedicated Areas Until Acceptance. 1. Subject to Subsection (3), all facilities and improvements with respect to which the owner makes an offer of dedication to public use shall be maintained by the owner until such offer of dedication is accepted by the appropriate public authority, 2. The developer of any development containing streets intended for public dedication shall post a letter of credit or other sufficient surety (see Section 913) to guarantee that such streets will be properly maintained 0 9.26 until the offer of dedication is accepted by the North Carolina Department of Transportation: (a) this performance guarantee may be combined with any provided under Section 913 below; and, (b) the amount of the security shall generally constitute fifteen percent (15%) of the cost of the improvements. The developer shall provide Information sufficient to determine the cost of the Improvements. 3. The Board may relieve the developer of the requirements of this Section if it determines that a Property Owners Association has been established for the development and that this association has assumed and is capable of performing the obligations set forth in Subsection (1). Section 913 Acceptable Bond Terms and Methods. 1. The following types of bonds/guarantees will be acceptable to the Board for the purpose of satisfying • maintenance/performance guarantees prior to recording of the Final Plat: (a) Surety Bonds by a licensed Surety Bond Company; (b) Irrevocable Letters of Credit (on forms approved by the County Attorney) with a banking institution insured by either FSLIC or FDIC; (c) Deed of Trust and Bond received by real property worth double the amount of the Bond as determined by an MAI appraiser (must have Title Search); and, (d) Cash Bond with the County Attorney named as Trustee. Section 914 Authorization to File. Upon approval of the Final Plat the subdivider shall have authorization to file the Plat with the Register of Deeds. • 9. 27 Rpproval shall be null and void for any Plat not recorded within nlnetU (90) daUs. Section 915 Replotting or, Resubdivision of Land For any replotting or resubdivision of land, the same procedures, rules and regulations shall apply as prescribed herein for an original subdivision. Lot sizes may, however, be varied on an approved Plat after recording, provided that: no lot or tract shall be created or sold that is smaller than the size shown on the approved Plat; drainage easements shall not be changed; rights -of -way shall not be changed; street alignment and block sizes shall not be changed; the rear portion of the lots shall not be subdivided for the front part; the character of the area shall be maintained. • • 9.28 PRRT 11 • MINOR SUBDIUISIOH REQUIREMENTS, REUIEU RHO RPPROURL PROCESS Section 916 Abbreviated Procedure for Minor Subdivisions The abbreviated procedure affords the sale of lots and/or tracts of land which qualify as subdivisions under the definition in the State Statutes, but which have less impact on the County than would a subdivision which was larger or required more extensive improvements. Subdivisions of land which involve no street right-of-way dedication, no utility extension, and where five (5) or fewer lots (including the residual parcel, if any) result after the subdivision is completed require submission of Final Plat in accordance with the Contents Requirements in Section 919 of this Article. Furthermore, the abbreviated procedure may.not be used a second time within three (3) years on any property less than fifteen hundred (1500) feet from the original property boundaries by anyone who owned, had an option on, or any legal interest in the original subdivision at the time the subdivision received Final Plat approval. County Health Department approval must be obtained prior to approval of the Minor Subdivision Plat. Section 917 Special Procedure for Minor Plats. Plats of Minor Subdivisions may be approved by the Administrator, however, the Administrator may at his option submit the Plat to the Technical Staff for review prior to approval. The subdivider shall submit two (2) signed mylars and five (5) copies of the surveyed Plat to the Administrator who shall review the information for compliance with the standards of review of subdivisions. Section 918 Preparation of Plats, A Minor Subdivision Plat shall be prepared by a surveyor, licensed and registered to practice in the State of North Carolina, The Plat shall be drawn at a scale of not to exceed 40 9.29 one inch equals one hundred feet • Section 919 Contents, 1, A Minor Subdivision Plat shall depict or contain the following: (a) title information: including the name of the subdivision, the owner of the property, the Township where the property is located, name and address of the preparer, vicinity map showing location to principal roads; (b) existing information: boundaries of the tract to be subdivided, together with bearings and distances; location of property lines, streets, structures, water courses, railroads, utility transmission lines and structures, water lines, bridges, culverts, storm drainage pipes, and easements within the tract to be subdivided and within fifty (50) feet of the property line, • Ownership of adjoining land; (c) natural features: the location of wooded areas, swamps, wetlands, water bodies (streams) sounds, etc). Soil types at a contour interval of two feet and flood elevation data may be required at the discretion of the Administrator; (d) Zoning Classification: classification of lands on Zoning Atlas; and, (e) development information: proposed natural buffers, pedestrian, bicycle and other rights -of -way and other easements, their location, width and purpose, Layout of lot arrangements, including lot lines, lot dimensions, square footage, and lot and block numbers. Proposed minimum building set back lines. Layout of proposed utilities (sewer, water, drainage) gas, electricity, telephone) showing connection to existing systems or easements reserved for proposed or potential systems. 9.30 Location plans for individual water supply, sewage disposal, storm drainage, and other recreational or • open spaces accompanied by provisions concerning* their future ownership and maintenance. Site data: acreage in total number of lots, average lots sizes. Any proposed modifications to topography. Section 920 Design Standards. 1. fill Minor Subdivisions shall be designed to meet the following requirements: (a) streets and roads: all lots shall meet or exceed minimum lot frontage on state maintained or improved subdivision street as specified in this Ordinance, Article 3; (b) CAMA wetlands: where any lot or site includes as a portion thereof an area of " CAMA wetland", as determined by on -site evaluation of the County Technical Staff, such wetland area may not be counted as part of the minimum square footage required of any lot for development and shall be • shown on the Plat; all 404 wetlands delineated as approved by U.S. Army Corps of Engineers; (c) soils: no lots requiring over 24" of fill to attain required separation from seasonal high water table for on -site septic system shall be developed or used for building purposes. (d) Zoning: all lots will conform to the requirements of this Ordinance especially as to dimension of lots, Where the requirement of the subdivision regulation is greater, or more restrictive, particularly with respect to dimension, the subdivision regulations shall prevail; and, (e) a statement certifying the following shall appear on all Minor and Private Access Subdivisions: "The residual parcel(s) meet or exceed the minimum lot size as specified within the Currituck County 9.31 Unified Development Ordinance." • Date Surveyor Section 921 Minor Subdivision Approval. 1. The Administrator shall approve or disapprove Minor. Subdivision Final Plats in accordance with the provisions of this Ordinance. 2. The applicant for Minor Subdivision Plat approval, may submit a Sketch Plat to the Administrator for a determination of whether the approval process authorized by Article 9 can be and should be utilized. The Administrator may require the applicant to submit whatever information is necessary to make this determination, including, but not limited to, a copy of the tax map showing the land being subdivided. 3. The following certifications are required on each Plat: Certificate of Approval • I hereby certify that the Minor Subdivision shown on this Plat does not involve the creation of new public streets or any change In existing public streets, that the subdivision shown is in all respects in compliance with the Currituck County Unified Development Ordinance, and that therefore this Plat has been approved by the Currituck County Administrator, subject to its being recorded in the Office of the Currituck County Register of Deeds within ninety (90) days of the date below. Date Administrator Certificate of Ownership and Rededication I hereby certify that I am the owner of the property described hereon, which property is located within the subdivision regulation jurisdiction of Currituck County, that I hereby freely adopt this Plat of subdivision and 0 9.32 dedicate to public use all areas shown on this Plat as streets, alleys, walks, parks, open space, and easements, except those specifically indicated as private, and that 1 will maintain all such areas until the offer of dedication is accepted by the appropriate public authority. All property shown on this Plat as dedicated for a public use shall be deemed to be dedicated for any other public use authorized by law when such other use is approved by Board of Commissioners in the public interest, Date Owner I, , a notary public of County, North Carolina, do hereby certify that personally appeared before me this date and acknowledged the due execution of the foregoing certificate. Witness mg hand and official seal this day of , 19 Notary Public My commission expires Certificate of Survey and Accuracy I hereby certify that this map (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (a deed description recorded in Book , Page of the County Registry) (other); that the error of closure as calculated by latitudes and departures in 1: ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book Page , and that this map was prepared in accordance with G.S. 47-30. Witness mg original signature, registration number and seal this day of , 19 • 9, 33 • (Seal or Stamp) Registered Land Survegor Registration Number I, a notary public of County, North Carolina, certify that , a registered land surveyor, personally appeared before me this date and acknowledged the execution of the foregoing instrument. Witness my hand and official seal this day of , 19 . Notary Public My commission expires 4. Where one (1) tract is divided so as to create not more than two (2) lots, the subdivider shall only be required • to submit five (5) 8-1/2" x 14" copies of a Plat, provided that all requirements regarding contents of the Plat are satisfied, One approved copy will be returned to the subdivider and must be recorded with any deed transferring a lot shown on such Plat. 5. The Administrator shall take expeditious action on an application for Minor Subdivision Plat approval as provided in Section 2022. However, either the Administrator or the applicant may at any time refer the application to the Major Subdivision approval process. 6. Not more than a total of five (5) lots, including a residual lot, may be created out of one tract using the Minor Subdivision Plat approval process, regardless of whether the lots are created at one time. For purposes of this Subsection, the term "tract" shall refer to a separate tract in existence on January 1, 1989, 7. Subject to Subsection (5), the Administrator shall • 9. 34 approve the proposed subdivision unless the subdivision Is not a Minor Subdivision as outlined In this part of • the Article or the proposed subdivision falls to comply with Subsection (6) or any other applicable requirement of this Ordinance. 8. At the discretion of the Administrator, Minor Subdivisions may be reviewed by other agencies and officials, if deemed necessary or desirable. 9. If the subdivision is disapproved, the Administrator shall promptly furnish the applicant with a written statement of the reasons for disapproval. 10. Approval of any Plat is contingent upon the Plat being recorded within ninety (90) days after the date the Certificate of Approval is signed by the Administrator. If a Plat is not recorded within the ninety (90) day period it shall be null and void. 11. if a Minor Subdivision has occurred on this tract within 1500 feet of the proposed subdivision within the past three (3) years , a copy of the recorded Plat must • accompany the submitted Minor Subdivision Plat prior to approval by the Administrator. This information shall be obtained through the County Tax Department/Register of Deeds by the subdivider. Section 922 Lands Exempt From Subdivision Regulations Within This Ordinance 1. R "subdivision shall include all divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, or building development, and shall include all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition nor be subject to the regulations prescribed by this Ordinance." • 9.35 (a) the combination or recombination of portions of prevlouslU platted lots where the total number of • lots Is not increased and the resultant lots are equal to or exceed the standards of the County as shown by the regulations prescribed by this Ordinance; (b) the division of land into parcels greater than ten (10) acres where no street right-of-way dedication Is involved; (c) the public acquisition by purchase of strips of land for the widening or opening of streets; or, (d) the division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the standards of the County, as shown by the subdivision regulations contained in this Ordinance. NOTE Exemption of a partition of land from the definition of • "subdivision" shall not exempt any resulting lots, tracts, or parcels from meeting the requirements of this Ordinance for the granting of Zoning, Building or Improvements Permits. • 9.36 Part III PRIVATE ACCESS SUBDIVISION REQUIREMENTS, REVIEW AND APPROVAL PROCESS Section 923 Private Access Subdivision. 1. Lots not having minimum required frontage specified in this Ordinance on a state maintained road or subdivision street meeting state standards for design and construction may be created provided that all of the following standards are met; (a) the original parcel is in single ownership and has frontage on a state maintained road or subdivision street meeting state standards for design and construction; (b) all other design requirements for a minor subdivision are met; (c) the Plat shall be approved by either the • Administrator, or the Planning Board and the County Commissioners; (d) the right-of-way serving the lots must have a graded and drained surface stabilized with a minimum of 3" of all weather base (aggregate). The County may require Preliminary and Final approval procedure as for Major Subdivisions where new work on the right-of-way would be required. In the R02, the right-of-way improvements must be extended to the mean high water mark of.the Atlantic Ocean and appropriate State Permits shall be secured; (e) County Health Department approval must be obtained prior to approval of the Private Access Subdivision Plat; (f) No single right-of-way may serve more than one (1) Private Access Subdivision; 0 9.37 (g) "No single right-of-way may serve more than five (5) lots, Including anu residual parcels, if anu, regardless of size. When possible a forty-five • (45) foot right-of-way shall be given, but in no case will less than a twenty (20) foot right-of-way be permitted; (h) this exemption may not be used a second time within three (3) years on any property less than 1500' from the original property boundaries by anyone who owned, had an option on or any legal interest in the original subdivision at the time the subdivision received Final Plat approval. This exemption may nor be used a second or additional time within three (3) years on any lot, or residuary parcel of the Private Access Subdivision unless the road or path to the original lots set out in the Private Access Subdivision are paved to state standards on a forty-five (45) foot easement and all additional lots to be established meet all easement and paving requirements as if no Private Access Subdivision had ever been proposed or had existed; • (1) a disclosure statement must be entered on the Plat indicating that "These roads do not meet state standards for assumption of maintenance due to inadequate ROW and/or construction or lack of public dedication. It is not the function of County Government in the State of North Carolina to construct or maintain roads."; (j) the Administrator shall have the authority to approve a Private Access Subdivision Plat that contains a maximum of three (3) lots, including a residual parcel, regardless of size; (k) at the discretion of the Administrator, Private Access Subdivisions may be reviewed by other agencies and officials if deemed necessary or desirable; and, (1) the following certified statement shall appear • 9.38 on all Minor and Private Access Subdivisions; "The residual parcel(s) meet or exceed the minimum lot size as specified within the Currituck County Unified Development Ordinance," Date Surveyor • 9. 39 Part IV i COMMERCIAL/MIXED USE SUBDIVISION REQUIREMENTS, REVIEW AND APPROVAL PROCESS Section 924 Commercial/Mixed Use Subdivision Defined. Commercial/Mixed Use Subdivisions shall be any subdivision which consists of five (5) or more acres and on any land within the GB, LB, LBH, LM, AND HM Zoning Districts. Section 925 Special Requirements 1. There shall be established a minimum fifty (50) foot buffer, with opaque screening, Type R, as defined in Section 504 of this Ordinance, maintained along all property having frontage on an existing State maintained • road or street or an improved, approved subdivision street. 2. There shall be a fifteen percent (15%) open space requirement, which shall not include the above mentioned requirement. 3. The following minimum distances shall be maintained between any parking lot, building or structure located with a commercial/mixed use subdivision and any other Land Use in the listed Zoning District in addition to the buffering and setback requirements set forth in this Ordinance. A 35' RA 40' R 50' RR 30' 00 20' LB 20' LBH 20' LM 10' HM 10' 0 9.40 i. All new streets will meet or exceed standards as established by the HCOOT and will be added to the State system upon completion, 5. All development within the subdivisions shall be designed to occur within the innermost portion of the property spreading outwardly, with the parking and open space areas reserved for the outmost areas of the property. Section 926 Other Requirements The process for review and approval shall be the some as for Major Subdivisions, as outlined within this Article. 0 9.41 i • • 6 ARTICLE 10 • PLANNED UNIT DEVELOPMENT Section 1001 General. 1. In a Planned Unit Development (P.U.D.), the developer may make use of the land for any purpose authorized in the particular P.U.D. Zoning District in which the land is located (including Planned Residential Developments), subject to the provisions of this Ordinance. Section 115.04 describes the six (6) types of P.U.D. Zoning Districts. 2. Within any lot developed as a Planned Unit Development, not more than ten (10) percent of the total lot area may be developed for purposes that are permissible only in a LB or LBH Zoning'District (whichever corresponds to the P.U.D. Zoning District i-n question) and not more than five (5) percent of the tot-a-1 lot area may be developed for uses permissible only in the LM Zoning District (assuming the P.U.D. Zoning District allows such uses at all). 3. The plans for the proposed Planned Unit Development shall indicate the particular portions of the lot that the developer intends to develop for residential purposes, purposes permissible in a Commercial District (as applicable), and purposes permissible only in an LM District (as applicable). For purposes of determining the substantive regulations that apply to the Planned Unit Development, each portion of.the lot so designated shall then be treated as if it were a separate District, zoned to permit, respectively, residential, commercial, or LM uses. However, the permit that is issued for the project, a Special Use permit, shall apply to the entire development. 4. R Special Use permit may be approved showing the portion of the tract proposed for commercial or manufacturing uses reserved for future development. In 10.1 such a case, no construction of any land may take place within such areas until the Special Use permit is amended to approve specific plans for such areas. Such an amendment shall be regarded as a major amendment and processed as provided in Article 20. 5. The nonresidential portions of any Planned Unit Development may be occupied only in accordance with a schedule approved by the Board of Commissioners that relates occupancy of such non-residential portions of the P.U.D. to the completion of a specified percentage or specified number of phases or sections of the residential portions of the development. The purpose and intent of this provision is to ensure that the Planned Unit Development procedure is not used, intentionally or unintentionally, to create nonresidential uses in areas generally zoned for residential uses except as part of an integrated and well -planned, primarily residential development. in approving a proposed schedule, the Board may consider, among other factors, the number of dwelling. units proposed for the residential portion of the P..U..D., the nature and scope of the nonresidential portions of the P.U.D., the physical relationship of the • nonresidential components of the P.U.O. to neighboring properties not within the P.U.D., and whether the nonresidential uses are to be located within pre-existing. buildings or new construction. Section 1002 Definition and Purpose. A Planned Unit Development, (P.U.0.) is defined as the total development of one tract of land under one central control or ownership. Through P.U.D, the County desires to foster development of land that has a higher degree of consideration of physical features and natural constraints to development than would be possible under general Zoning or Subdivision Regulations. P.U.D. is expected to promote a more efficient use of the land, a higher level of amenities and more creative design than would otherwise be possible. 10.2 Section 1003 Procedures for P.U.D. Approval. 1. The procedures for P.U.D. approval shall be as set out In this Article. This procedure is consistent with that provided for other special uses, yet, because of the magnitude of the expected action and the amount of discretion allowed, the County selected procedure that would leave the final approval with the County Commissioners. (a) Sketch Plan Application. (1) The purpose of the sketch plan application is to give the developer the option of securing approval for the design concept before committing substantial funds to the development of Engineering detail for the Preliminary Plat Application. The developer shall submit an application to the Administrator on form(a) supplied by the County. The application will address natural features, existing conditions and proposed development plan in terms of number and types of units and general location. This application will be accompanied by the following information; a. mapping at a scale of 1" = 50' (or other legible scale) showing; i. vegetation (both general cover in terms of hardwood or pine trees and shrub or brush, and specific types where they may be significant or unique; ii. approximate location of both CRMR and 404 wetlands; iii, Areas of Environmental Concern as defined by CAMR regulations; iv, existing structures, utility 10. 3 lines, etc.; V. topography at 2' intervals minimum; vi. soils; vii. proposed road and circulation system; vill. proposed buildings or building lots; xi. location and type of open space; and, X. "typical" lot showing setbacks, easements, etc. b. proposed provisions for utilities; C. standards proposed for road construction; • d, a rough, general map showing at the some scalp ownership and use of all property abutting or within 1,000' whichever is greater. Use shall include proposed use as indicated by approved preliminary plats or recorded final plats; e, summary data including: I. number of lots/units; 1. ii. number of acres in total parcel; III. density = number of units/net acre; iv. percent of open space; and, 10.4 M v, number of acres in open space. • f. a statement addressing the changes In the existing and/or natural system as a result of the proposed development including grading, drainage, and erosion control; and, g. a statement addressing the impact on the fiscal resources of the County, including additional tax revenues anticipated and additional cost, such as for fire, police, solid waste, health, social services, water, sewer, schools, roads and the like. (b) Sketch Plan Approval Procedure. (1) Upon submission of the above information, to be referred to as the Sketch Plan, the Administrator shall request of the Planning Board a date for hearing and review. A minimum of fifteen (15) working days shall be required between date of -submission and the date of the hearing. The Administrator shall review the application for completeness and Indicate areas of insufficient information which shall be corrected. Nothing in this report shall constitute an acceptance of the plan of development. The developer shall cure any identified deficiencies with 180 days of notice of some. Failure to provide sufficient information upon application may result in postponement of Planning Board Review Date. Failure to cure identified deficiencies within 180 days of notice shall render the application void. In the event that the developer does not accept the determination of insufficiency of information, appeal shall be to the County Commissioners for final decision. is 10.5 I (c) Circulation of Application. _ (1) Immediately following the submission of an application the Administrator shall take such steps as are necessary to obtain a review by the County Technical Staff and other such consultants as may be deemed necessary, of relevant aspects of the application regarding the completeness of the information and assessment of the anticipated impact (including possible mitigation of adverse effects). The Administrator shall also investigate requirements of the State and County concerning Sanitary waste disposal. The results of this review together with the indication of sufficiency of information shall be presented to the applicant and to the Planning Board in Writing at the scheduled meeting. (d) Planning Board and Board of Commissioners Action. (1) The Planning Board shall review the • Sketch Plan and approve, conditionally approve or disapprove the Plan. In order to assist them in their review, the Administrator shall compile written recommendations of the�County Technical Staff and consultants to analyzing the impacts relevant to them, the extent to which the Plan appears to have addressed these impacts and additional mitigation measures they recommend. The Administrator shall also file a formal report addressing the Plan and its impacts and alternative measures that might be used to mitigate impacts (if any). The Board of Commissioners shall review the same and approve, conditionally approve, or disapprove the Plan, The reasons for a conditional approval or disapproval shall be placed in. the record of the minutes of the proceedings, along with copies of materials submitted with the application. 10. 6 • (e) Preliminary Plat Application. (1) The purpose of the Preliminary Plat Application is to provide the County with sufficient detail information to indicate exactly what the developer intends to construct so.that potential consequences can be predicted and evaluated. Following the determination of completeness of the information and the conference to consider alternative development plans (where necessary), the developer shall submit the following information along with P.U.D. review fee, including: a. a resubmission of information requested in.Section 1003 (a); b. a construction development plan including engineering detail drawings • showing: I. location, size, and type of structures; and location, sizes, and dimensions of lots; i!, location, size and dimensions of open space; ill, location, dimensions of proposed road and circulation system, or off-street parking areas, loading and service area, of access to public right-of-way, of pedestrian circulation system and proposed utility systems; iv, landscaping plans, including areas to be cut and filled, cleared and planted; alterations 0 10.7 of drainage shall be shown along with t0000raohu of the site before and after_ development; v, location and dimensions of other features required to be shown on a case by case basis, such as school sites, recreation areas, beach access areas, public parks, etc.; vi. hydrological impact study report prepared by a North Carolina licensed engineer containing data sufficient to indicate plans for compliance with requirements of the Water Supply Branch of the Department of Human Resources and the Division of Environmental. Management of the Department of. Natural Resources and Community Development for permitting of central water and waste water treatment systems; vii. boundary survey to establish actual total acreage; viii, location of existing CRMR wetlands; all 404 wetlands delineated as approved by U.S. Army Corps of Engineers; C. a report setting forth: I. schedule of construction (phases and stages of development); ii, a summary of quantitative data: (1) total number of dwelling units and/or lots; (11) type of dwelling units; (ill) parcel size; 0 * 10.8 (iv) lot coverage; (v) densities; and, ' (vi) amount of open space - as ipercent of gross acreage. III. a plan for the maintenance and ownership of structures, utilities, open space, and other facilities; and, I v. an analysis of design features used to reconcile the P.A.D. with neighboring or adjoining property uses. d. a report addressing the changes in the existing and/or natural system as a result of the proposed development. The report shall address soil structure, topography, drainage, erosion, water table, vegetation, etc. e. A report addressing the impact on the • fiscal resource of the county, including additional tax revenues anticipated and additional cost, such as for fire, police, solid waste, health, social services, water,*sewer, schools, roads, and the like. (f) Application Review. (1) Upon submission of the above information, to be referred to as the.Preliminary Plat Application, the Administrator shall request of the Planning Board a date for hearing and review. A minimum of thirty-four (34) calendar days shall be required between date of submission and the date of the hearing. The Administrator shall review the application for completeness and indicate areas of insufficient information which shall be corrected. Nothing in this report shall • 10.9 constitute as acceptance of the plan of development. The developer shall cure anu Identified deficiencies In the report within • 100 days of notice shall render the application void, In the event that the developer does not accept the determination of insufficiency of information, appeal shall be to the County Commissioners for final decision. (g) Circulation of Application, (1) Immediately following the submission of an application the Administrator shall take such steps as are necessary to obtain a review by the County Technical Staff and other such consultants as may be deemed necessary, of relevant aspects of the application regarding the completeness of the information and assessment of the anticipated impact (including possible mitigation of adverse effects). The Administrator shall also investigate requirements of the State and • County concerning sanitary waste disposal. The results of this review together with the indication of sufficiency of information shall be presented to the applicant and to the Planning Board in writing at the scheduled meeting. -(h) Planning Board and Board of Commissioners Action, (1) The Planning Board shall review the Preliminary Plan and approve, or disapprove the Plan. In order to assist them in their review, the Administrator shall compile written recommendations of the County Technical Staff and consultants analyzing the impacts relevant to them, the extent to which the Plan appears to have addressed these impacts and additional mitigation measures they recommend. The Administrator shall also file a formal report addressing the Plan and its impacts and alternative measures that might be used to mitigate impacts (If any). The Board of Commissioners shall review the same and approve, conditionally approve, or disapprove the Plan, The reasons for a conditional approval or disapproval shall be placed in the record of the minutes of the proceedings, along with copies of materials submitted with the application. Serious consideration shall be given not only to the design of the plat but to the thoroughness with which the Fiscal and Environmental Impact Reports have identified and mitigated potential adverse effects. Preliminary approval shall remain in force for one (1) year. Renewal shall be in writing and.at the option of the Board of Commissioners, with consideration given to any changes in conditions and regulations since the original approval was granted. (Approval of the Preliminary Plat shall constitute authorization for the Administrator to issue a Zoning permit to allow a temporary office • trailer to be located within the P.U.D. for the exclusive purpose of conducting the business of that development. Such permit shall expire one (1) year from the date of issuance, but may be renewed on an annual basis upon submission of evidence to the Administrator showing that the trailer is still being used as originally permitted. Said unit shall be removed within thirty (30) days of the expiration of the permit. Note; Office trailer must not be an altered manufactured home). (i) Final Plat Approval. (1) The Final Plat shall comply substantially with the Preliminary Plat; however, it shall have sufficient detail to permit its being recorded by the Register of Deeds. Certification shall be presented that required improvements have been constructed to standard. Evidence that required bonds have been obtained shall be presented. The isPlanning Board shall review the Final Plat and recommend the approval, conditional approval or denial of the some. The Board of Commissioners shall then review the some and approve, conditionally approve or deny, indicating in the minutes the reason for disapproval or conditional approval. Section 1004 Design Standards and Criteria/Residential. 1. Instead of meeting the general Zoning dimensional requirements and other standards (excluding those dealing with signs) the Planned Unit Development shall meet the following requirements: (a) land area/density: (1) minimum parcel size shall be ten (10) acres; (2) permitted density shall be three (3) dwelling • units per net acre. Net acreage shall be determined by on site evaluation of technical staff, eliminating all areas designated by CAMA as wetlands. Sketch Plan approval shall be based upon a general inspection of such factors. Preliminary approval shall require net and gross acreages to be shown by actual survey based upon CAN designated wetland perimeters; (3) 35% of the total area of the tract shall be common open space. Alternatives to common ownership may be considered such as open space easements across private land, and third party ownership of facilities (golf courses) etc.) so long as common accessibility is maintained. Open space in general shall be designed to provide visual relief to dense residential areas as well as recreation opportunities to be enjoyed In • 10.12 common by property owners including but not limited to recreational buildings, tennis courts, swimming pools, jogging trails and related areas, etc.; and, (4) 50% of open space must be designed for passive or active recreation, including but not limited to walking, jogging, hiking, bicycling, and other uses which involves general pedestrian access. The remainder of the open space may include areas providing visual relief, but not offering general pedestrian access such as wetlands, sewage treatment structures and drainage facilities. Portions of this open space may be dedicated to the county by the developer or property owner's association to provide for the location of public facilities now or in the future. (b) permitted uses: (1) permitted uses will be those of the base • Zoning District unless otherwise specified; (2) dwelling units may include any variation of single and multi -family unit so long as health, safety, and fire regulations are observed in location and construction of units and configuration of lots. In particular, emergency vehicle access must be provided to each unit, and the provisions of the North Carolina State Uniform Building Code and associated regulations of the Department of Insurance shall be observed; (3) where a P.U.D. application includes fifty (50) or more acres, the developer may designate an area not greater than ten percent (10%) of the total acreage for Business use. This area shall not be counted as Business District regulations. • 10.13 0 (c) streets and.roads: (1) roads shall be constructed to meet state secondary road standards for design and construction in all respects except width of pavement and right-of-way; (2) roads shall be designed to create the minimum feasible amount of land coverage and the minimum feasible disturbance to the soils; (3) variations in right-of-way standards shall be permitted in order to keep grading and cut - fill to a minimum, while insuring that drainage and access for maintenance are provided; M streets carrying local two way traffic within the P.M. shall have a minimum of twenty (20) feet paved surface width. Streets and roads connecting directly to county and state roads shall have sixty (60) feet right-of- way within a minimum of fifty (50) feet of the intersection; (5) one-way streets may be -permitted as an option, but not encouraged, where appropriate for the terrain and where public safety would not be jeopardized; the travel way for a one- way street shall not be less than twelve (12) feet excluding parallel parking bays; and, (6) combinations of collective private driveways, cluster parking areas and on -street parallel parking bays may be used to attempt to optimize the objectives of minimum soil disturbance, minimum impervious cover, excellence of design and aesthetic sensitivity, • 10.14 Oda design criteria for layout of roads and lots: • (1) coordination and continuation of streets: the proposed street layout within a Planned Unit Development shall be coordinated with the existing street system of the surrounding area, and where possible, existing principal streets shall be extended; (2) access to adjacent properties: where, in the opinion of the Board of Commissioners, it is necessary to provide for street access to an adjoining property, proposed streets shall be extended by dedication of a sixty (6) foot right-of-way to the boundary of such property and a temporary turn around easement shall be provided. The use of residential strips of land in order to prevent the extension of proposed or existing streets or access thereto is prohibited. Landlocked parcels shall not be created; (3) marginal access streets: where a tract of land to be developed as a P.M. adjoins a principal arterial street, the developer may be required to provide a marginal access street -parallel to the arterial street or reverse footage on a minor street for the lots to be developed adjacent to the arterial. Where reverse frontage is established, private driveways shall be prevented from having direct access to the principal arterial. Rlso, an additional buffer zone, in addition to the minimum lot dimension will be required on the side of the lot which abuts the principal arterial street. This buffer zone may be counted toward the open space requirement and may be platted as common open space or as an open space easement across each individual lot; 0 10.15 N) street names and name signs: Proposed streets which are obviously in alignment with existing streets shall be given the some name. In assigning new names, duplication of existing names shall be avoided and in no case shall the proposed name be phonetically similar to existing names irrespective of the use of a suffix such as street, road, drive, place, court, etc, Street names shall be subject to the approval of the Planning Board. The developer shall be required to provide, erect, and arrange for maintenance of street signs of a legible and durable construction; (5) through traffic discourage on collector and minor streets: collector and minor streets shall be so laid out that their use by through traffic will be discouraged, Streets shall be designed or walkways dedicated to assure convenient access to parks, playgrounds, schools, and other places of public assembly; (6) intersections: intersections shall be located so that traffic can flow in a safe manner; (7) cultural and historic: the developer shall not destroy buildings or structures of cultural or historic significance as determined by County Technical Staff in consultation with State Preservation Officials; (8) double frontage: double frontage or reverse frontage lots shall be avoided except where used in conjunction with the provision for Marginal Rccess Streets. Double fronting lots require a buffer in addition to other dimensional requirements, R smaller buffer may be considered sufficient If it is densely • 10.16 vegetated or combines vegetation with a six (6) foot fence or solid construction from the ground up. Addition of a buffer may not be used to reduce lot width requirements; (9) side lot lines; side lot lines shall be substantially at right angles or radial to street lines. Where side lot lines intersect at the rear of the lot, the angle of intersection shall not be less than sixty (60) degrees; (10) streets may, at the option of the developer be constructed and designed to meet State standards for assumption of maintenance shall be clearly designated on the plat and provisions for ownership and maintenance specified; (11) roads not meeting state standards for assumption of maintenance shall be offered in dedication to the public only to permit access by public service and emergency • vehicles; and, (12) the P.M. shall have continuous paved access to a paved State secondary road or to paved portions of Ocean Trail which are continuous to the Dare County line, (d) utilities and drainages (1) suitable plans for water service, central facilities for tertiary treatment of sewage, erosion control and.storm drainage shall be provided. All systems shall meet applicable state and county requirements; (2) utilities shall be installed which will be compatible with existing or proposed central water and sewer systems, and designed for economical connection to such a system when It becomes available; • 10.17 43) the CountW maW reauire fire hUdrants or other approved access to a water supply to assist in providing fire protection; {4) utility easements of a minimum of five (5) feet shall be provided along all side and rear lot lines. Where a development concept is approved which requires zero lot line development, alternative easement locations may be considered; {5) retention and drainage facilities or structures shall use natural topography and natural vegetation where possible. All on - site facilities shall be properly maintained by the owner so that they do not become nuisances. Nuisance conditions shall Include improper storage resulting in uncontrolled run-off and over flow, stagnant water with concomitant algae growth, insect breeding, and odors; (6) adequate provisions for the collection and disposal of garbage and refuse shall be provided in such a manner that the P.U.O. will be maintained In a clean and orderly appearance; (7) telephone and electric wires shall be installed underground and any facilities or structures shall be appropriately screened, buffered, or landscaped to minimize unsightliness. Location shall be such as to cause minimum interference with maintenance of roads, drainage facilities and other utility installations; and, (8) no buildings or structures shall be allowed to build in the wetlands other than viewing platforms, raised nature walks, boat ramps, piers, docks, and other similar structures. 0 10.18 Section 1005 Planned Unit Development Districts Established. (This Section is exactly the some as Section 115.04) 1. There are hereby established six (6) different Planned Unit Development (P.U.D.) Districts as described in this Section. Each P.U.O. is designed to combine the. characteristics of one (1) or two (2) Zoning Districts. (a) One (1) element of each P.U.D. Dlstrlct shall be the residential element. Here there are three (3) possibilities, each one corresponding either to the R, RA, or RO1 Zoning Districts described in Article 1, Section 115.01. Within that portion of the F.U.D. zone that is developed for residential purposes, all development is bound to and must comply with all other residential requirements except for lot size requirements. (b) R second element of each P.U.D. District shall be the commercial element. Here there are tow (2) possibilities, each one corresponding either to the LB or LBH Zoning Districts described in Article 1, Section 115.02. Within that portion of a P.U.D. District that is developed for a commercial purpose, all development is bound to and must comply with all other commercial requirements .except for lot size requirements. 2. In accordance with the discription set forth in Subsection (1), the six (6) P.U.D. Districts shall carry the following designations to indicate their component elements: R/LB RR/LB RO1/LB R/LBH RR/LBH RO1/LBH 3. A P.U.D. District containing a RO1 component may not be applied to property on the Currituck mainland, and no land within the R02 Zoning District may be rezoned to any P,U,D. classification. 4. No area of less than ten (10) contiguous acres may be 0 10.19 rezoned as a P.U.D. District, and then only upon the request of the owner or owners of all the prooertU Intended to be covered by such zone. 5. As indicated in the Table of Permissible Uses, Article 13, a Planned Unit Development (use classification 28.000) is the only permissible use of a P.U.D. zone and Planned Unit Developments are permissible only in such zones. 6. Planned Unit Developments are subject to the requirements set forth in Article 10. 7. Planned Unit Developments shall be allowed only on the Currituck Outer Banks form the Dare County line northward to the Poplar Branch - Fruitville Township line and all lands between. w 0 10.20 ARTICLE 11 PLANNED RESIDENTIAL DEVELOPMENTS (P.R.B.'S) Section 1101 General 1. Planned Residential Developments (P.R.D.'s) are permissibl"e only on tracts of at least ten (10) acres located within the R and RO1 Zoning Districts, 2. The number of dwelling units and bedrooms in a P,R,D, may not exceed the maximum density authorized for the tract under Section 202. 3. Permissible types of residential uses within a P.R.D. include single-family detached dwellings (use classification 1.111), two-family residences (1,200) and multi -family residences (1,300), At least ninety percent (90%) of the total number of dwelling units must be single-family detached residences on lots of at least 10,000 square feet and must be connected and serviced by a package tertiary treatment plant and central water system. 4. The subdivided portions of a P.R.D. shall consist of a Multi -Family Subdivision. 5. To the extent practicable, the two-family and multi -family portions of a P.R.D. shall be developed more toward the interior rather than the periphery of the tract so that the single-family detached residences border adjacent properties. 6. In a Planned Residential Development, the screening requirements that would normally apply where two- family or multi -family development adjoins a single-family development shall not apply within the tract developed as a Planned Residential Development, but all screening requirements shall apply between the tract so developed and adjacent lots. 7. The two-family and multi -family portions of any Planned Residential Development may be occupied only in accordance with a schedule approved by the Board of Commissioners that relates occupancy of such portion of the P.R.D. to the completion of a specified percentage or specified number of phases or sections of the single-family portions of the development. The purpose and intent of this provision is to ensure that the Planned Residential Development procedure is not used, intentionally or unintentionally, to create two-family and multi- family uses in areas generally zoned primarily for single-family residential uses except as part of a well conceived Planned Residential Development. In approving a proposed schedule the Board may consider, among other factors, the number of dwelling units proposed for the single family portions of the P.R.D., the nature and scope of the two-family and multi -family components of the P,R.D. and the physical relationship of the two- family and multi -family components of the P.R.D. to neighboring properties not within the P.R.D. Section 1102 Review and Approval Requirements Requirements, review and approval shall be as outlined in Article 9, Major Subdivisions, unless specifically noted above. 0 11.7 RRTICLE 12 SITE PLANS REQUIRED Section 1201 General Site Plans shall be required from applicants prior to issuance of any Permit (Building, Zoning, CUP, SUP, Uariance) by the County. Section 1202 Residential Site Plan Requirements 1. Sketch site plans shall be drawn with as true an approximate scale as possible, which reviewing agents can determine that all requirements of the Ordinance are met. (Professional renderings are not required). 2. Applicant will be required to sign the site plan as being a true reflection of what is existing and what is being proposed. 49 3. The following minimum information shall be included on the site plan: (a) lot/parcel dimensions; (b) zoning designation; (c) all property line setback requirements; (d) all existing physical features (structures, buildings, streets, roads, etc.); (e) location and dimensions of proposed construction; and, (f) any additional information as required by the reviewing agents. Section 1203 Commercial Site Plan Requirements. 1. R site plan for all commercial (nonresidential) development shall be submitted to the County for review prior to issuance of required Building Permits. 2. Site plans shall be submitted at a scale of 1 inch equals 50 feet or larger with three (3) black or blue line copies needed, 3. Site plan review fees will be charged as reflected in the County's adopted "Fee Schedule". 4. Site plans shall show the following minimum information: (a) site data - including vicinity sketch, north arrow, engineering scale ratio, acreage, title of development, date of plan, gross floor area of all buildings, name and address of owner/developer and person or firm preparing the plan; (b) zoning setback lines; 49 (c) location(s) and dimensions) of all vehicular entrances, exits, drives, and fire lanes; (d) location, arrangement and di.mension of all automobile parking spaces, width of aisles, width of bays, angle of parking and number of spaces; (e) location, arrangement and dimension of all truck unloading docks, ramps and spaces; (f) refuse collection (dumpster) container spaces) location; (g) location(s) of all building(s) with exterior. dimensions; (h) Location and dimensions of all fences, walls, docks, ramps, pools, patios, and surfaces areas. (i) location of water top(s) denoting size(s) of 12.2 line(s) or well area; (j) location of sewer top(s) denoting size(s) of line(s) and pole(s); W location of electrical service connection(s), meter(s) and pole(s); (1) existing and proposed fire hydrant location(s); (m) location and dimension of all easements and rights -of -way as determined by North Carolina Department of Transportation; (n) location(s) and size(s) of -all public utility lines (water, sewer and storm sewer) within all adjacent public right-of-ways and easements; (o) drainage plan, including site surface drainage, pipe size, yard drains, catch basins, curb inlets, and topographic features; (p) curb and gutter alignment, including street widening and storm drainage, if necessary shall be required; (q) screening/landscaping plan shall be required showing plants with common names, sizes and numbers of plants and trees; (r) sight distance triangle (10' x 70') shall_be indicated at the intersection of all public right- of-way lines; and, (s) any additional information as may be required by the Reviewing Agents. 5. Commercial Site Plans consisting of an area 30,000 square feet or more, at the discretion of the Administrator may be referred to the Planning Board and Board of Commissioners. 12.3 ARTICLE 13 PERMISSIBLE USES AND TABLE Section 1301 Table of Permissible Uses. The Table of Permissible Uses should be read in close conjunction with the definitions of terms set forth in Section 25 and the other interpretative provisions set forth in this Ordinance, Section 1302 Use of the Designations Z, A and C in Table of Permissible Uses. 1. The letter "Z" means that the use is permissible in the indicated zone with a Zoning Permit issued by the Administrator, the letter "C" means a Special Use Permit must be obtained from the Board of Commissioners and the letter "A" means a Conditional Use Permit must be obtained from the Board of Adjustment. 2. When used in connection with Residential uses (use classification 1.000), Private Access Subdivisions will either require a Z or ZC which means that either the Administrator or the Board of Commissioners will issue the Permit, Minor Subdivisions will be issued a Z Permit by the Administrator and a Major Subdivision will receive an C Permit issued by the Board of Commissioners. 3, When used in connection with non-residential uses, the designation "ZA" or "ZC" means that such Developments require a Zoning Permit if the lot to be developed is less than five (5) acres in size and a Special or Conditional Use Permit, respectively, if the lot is five (5) acres or larger in area, 4. Use of the designation Z,A and C for combination uses is explained in Section 1308. ( 13.1 5, Use of the designation "Z" in connection with use .classification 29.000 means that otT-premises signs are • permissible in the districts so indicated with a Sign Permit issued by the Administrator. Section 1303 Board of Adjustment Jurisdiction Over Uses Otherwise Permissible With a Zoning Permit. Whenever the Table of Permissible Uses (interpreted in the light of Section 1302 and the other provisions of this Article) provides that a use in a Nonresidential Zone or a Nonconforming Use in a Residential Zone is permissible with a Zoning Permit, a Conditional Use Permit shall nevertheless be required if the Administrator finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In making this determination, the Administrator shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the Zoning District in question. Section 1304 Permissible Uses and Specific Exclusions. 1. The presumption established by this Ordinance is that all legitimate uses of land are permissible within at least one Zoning District within the County. Therefore, because the List of Permissible Uses set forth in Section 1301 (Table of Permissible Uses) cannot be all-inclusive, those uses that are listed shall be interpreted liberally to include other -uses that have similar impacts to the listed uses, 2. All uses that are not listed in Section 1301 and that do not have impacts that are similar to those of the listed uses are prohibited, Nor shall Section 1301 be Interpreted to allow a use in one Zoning District when 13.2 0 the use in question is more closely related to another specified use that Is permissible in other. Zoning Districts. The following uses are specifically prohibited in all districts; (a) use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted, except that the following shall not be prohibited solely by this Subsection ; (1) retail sale of food products, with a County Health Department certification, from a vehicle that is removed from the site each day after completion of the sales; (Z) retail sale of goods and merchandise manufactured, created, or produced by the Seller, so long as the vehicle is removed from the site each day after the completion of sales; or, (3) use of a truck trailer for temporary purposes at a construction site, In accordance with Section 801. (b) package treatment plant waste water disposal systems that discharge to surface waters; (c) use of a boat, houseboat, or other floating structure as a temporary or permanent residence (this shall not prevent the overnight occupancy of a vessel temporarily docked while in transit on navigable waters); (d) use of a travel trailer as a permanent. residence and use of a travel trailer as a temporary residence outside of a campground, except that this Subsection shall not prohibit a travel trailer from being occupied In connection with the construction 13.3 of a Single -Family home (use classification 1,110 on the lot where construction Is taking place by a • person actively engaged in such construction or by the property owner, A travel trailer used as a construction residence as authorized herein may not be located on a lot for a total of more than six (6) months, except that this period may be extended for one or more specified periods by the Administrator upon a finding that substantial good faith progress Is being made toward the completion of the dwelling; . . (e) tatoo parlors or establishments engaged in the business or practice of dyeing or staining the living human skin unless such dyeing or staining be done under the direct supervision of a Medical Doctor duly licensed in this state by the Board of Medical Examiners; and, (f) establishments principally engaged in selling, renting, or otherwise providing books, films, presentations, magazines, pamphlets or other material or items which appeal mainly to the prurient interest or which portray lewd or lascivious sexual acts or practices. Section 1305 Accessory Uses, 1, The Table of Permissible Uses classifies different principal uses according to their different impacts. Whenever an activity is conducted in conjunction with another principal use and the former use 0) constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or (ii) is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the Permit issued for the principal use. For example, a swimming pool/ tennis court complex is customarily associated with and integrally related to a Residential Subdivision or Multi -Family Development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a ,.� 13.4 Residential Development, would require a Conditional Use Permit (use classification 1.800). 2. For purposes of interpreting Subsection (1): (a) a use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use; and, (b) to be "commonly associated" with a principal use it is not necessary for an accessory use to be connected with such principal use more times than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness. 3. The following activities are specifically regarded as accessory to Residential principal uses so long as they satisfy the general criteria set forth above: (a) offices or studios within an enclosed building and used by an occupant of a residence located on the some lot as such building to carry on admini- strative or artistic activities of a commercial nature, so long as such activities do not fall within the definition of a Home Occupation; (b) hobbies or recreational activities of a non- commercial nature; (c) yard sales or garage sales (as defined herein), so long as such sales are not conducted on the some lot for more than three (3) days (whether consecutive or not) during any ninety (90) day. period, (d) receive -only earth stations, as long as: (1) any dish antenna is less than fourteen (14) feet in diameter; '• 13.5 (2) there are no more than one (1) dish antenna per Single-Famlly detached units; and no more • than one (1) dish antenna per four (4) Dwelling Units on other lots; (3) the station is situated to the rear of the front building facade, complies with all principal building setback requirements, and is screened so that; a. it will be screened from the road right- of-way to the front of the lot with Type B screen; and, b. in the event that the Unit is not placed on a roof, it will be screened with a Type B screen from adjacent Residential Dwelling Units except to the extent that screening would interfere with satellite reception within the area. (e) the sale of agricultural products (either in a "roadside stand" or on 'a "pick your own" basis) from property where such products were grown or from land that is all part of the some farm or farming operation as the land where such products were grown shall be regarded as accessory to an agricultural operation (use classification 14.100); or, (f) a mobile home storage site may be permitted as an accessory use within a mobile home park under the conditions set forth in Section 1404. 4. The following activities shall not be regarded as accessory to a Residential principal use and are prohibited in Residential districts, (a) no motor vehicle which does not have a current licence plate and inspection sticker shall be stored outside of an enclosed structure, unless the some is raised up on blocks or stands to a distance 13, 6 of one (1) foot above the ground and is completely covered by a waterproof covering material; and, (b) The provisions and definitions of N.C.G,S. 153A-132 [Removal of Abandoned and Junked Motor Uehicies] is adopted as a part of this Ordinance by reference and by such adoption abandonment of motor vehicles is hereby prohibited. Section 1306 Permissible Uses Not Requiring Permits. 1, No Zoning, Special Use, or Conditional Use Permit is necessary for the following uses; (a) streets; (b) electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public street right of way; • (c) neighborhood utility facilities located within a public street right-of-way with the permission of the owner of the right-of-way; and, (d) electric power distribution lines located within a utility easement other than major transmission lines. Section 1307 Change in Use, 1. R substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes, This occurs whenever; (a) the change involves a change from one principal use category to another; (b) if the original use is a Combination Use (use (+ 13.7 classification 27.000) or Planned Unit Development (use classification 20.000), the relative • proportion of space devoted to the individual principal uses that comprise the combination use or Planned Unit Development use changes to such an extent that the parking requirements for the overall use are altered; (c) if the original use is a Combination Use or Planned Unit Development Use, the mixture of types of Individual Principal Uses that comprise the Combination Use or Planned Unit Development use changes; (d) if the original use is a Planned Residential Development (use classification 1.800), the relative proportions of different types of Dwelling Units change; or, (e) if there is only one (1) business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one (1) individual principal use or a combination use), that business or enterprise moves out and a different type of enterprise may be classified under the some principal use or combination use category as the previous type of business). For example, if there is only one (1) building on a lot and a florist shop that is the sole tenant of that building moves out and is replaced by a clothing store, that constitutes a change in use even though both tenants fall within principal use classification 2.111. However, if the florist shop were replaced by another florist shop, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if the florist shop moved out of a rented space in a shopping center and was replaced by a. clothing store, that would not constitute a change in use since there is more than one (1) business on the lot and the essential character of the activity conducted on that lot (shopping center --combination use) has not changed. 2. A.mere change in the status of property from unoccupied to occupied or vice -versa does not constitute a change In use. Whether a change in use occurs shall be determined by comparing the two (2) active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than 180 consecutive days or has been abandoned. 3. A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use. Section 1306 Combination Uses. 1. When a combination use comprises two (2) or more principal uses that require different types of Permits (Zoning, Special Use, or Conditional Use), then the Permit authorizing the combination use shall be; (a) a Conditional Use Permit if any of the principal uses combined requires a Conditional Use Permit; (b) a Special Use Permit if any -of the principal uses combined requires a Special Use Permit but none requires a Conditional Use Development Permit; and, (c) a Zoning Permit in all other cases. 2. This is indicated in the Table of Permissible Uses by the designation "Z,S,C" in each of the columns adjacent to the 27.000 classification. Section 1309 More Specific Use Controls. 1. Subject to Subsection (2) whenever a development could fall within more than one (1) use classification in the Table of Permissible Uses (Section 1301), the • 13.9 classification that most closely and most specifically describes the Development controls, for example, a small . doctor's office or clinic might easily fall within the 3,110 classification (office and service operations conducted entirely indoors and designed to attract customers or clients to the premises), However, classification 3,130, "physicians' and dentists' offices and clinics occupying not more than 10,000 square feet of gross floor area" more specifically covers this use and therefore is controlling. 2. Agribusiness uses constitute the sole exception to the rule of interpretation set forth in Subsection (1). The Table of Permissible Uses lists agribusiness uses (use classification 32.000) as permissible only -in the A and RA districts. However, the intent is to allow such businesses in a district where commercial enterprises not related to agriculture are generally disallowed; it is not intended that agribusiness uses that would be classified in another category (e.g.) 2.000 sales or 4,000 processing) except for their relatedness to agriculture be prohibited in districts where similar uses not related to agriculture are allowed. i 13. 10 USES DESCRIPTION A RA R RO1 RO2 RR GE LB LBH LIVI HM 1.000 Residential 1.100 Single Family Residences 1.110 Single Family Detached, One Dwelling Unit Per Lot 1.111 Site Built and Modular 1.112 Class A Mobile Homes 1.113 Class B Mobile Homes 1.114 Class C Mobile Homes 1.120 Single Family detached, more than one dwelling unit per lot 1.121 Site Built and Modular 1.122 Class A 1.123 Class B 1.124 Class C 1.200 Two -Family Residences 1.210 Two -Family Conversion 1.220 Primary Residence with Accessory Apartment 1,230 Duplex 1.240 Two -Family Apartment 1.300 Multi -Family Residences 1,310 Multi -Family Conversion 1.320 Multi -Family Townhomes 1.330 Multi -Family Apartrnents 1.400 Homes emphasizing special services, treatment of supervision 1.410 Homes for Handicapped. aged or infirm 1.420 Nursing care. intermediate care homes Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z (Existing mobile home parks and mobile home subdivisions) C C C C C C Z C C Z C C Z C C C C C C A A A A A A A A A A A A A U ES DESCRIPTION 1.430 Child Care Homes 1.440 Halfway Houses 1.500 Miscellaneous rooms for rent situations ' 1.510 Rooming Houses. Boarding Houses 1.520 Bed and Breakfast Establishments 1.530 Tourist homes and other temporary residences renting by the day or week 1.540 Hotels, motels, and similar business or institutions pro- viding overnight accommodations 1.550 Hunting and Fishing Lodges 1.600 Temporary Emergency. Construction and Repair Residences 1.700 Home Occupations 1.800 Planned Residential Developments 2.000 Sales and Rental of Goods, Merchandise and Equipment 2.100 No Storage or Display of Goods Outside of Fully Enclosed Building 2.110 High Volume Traffic Generation 2.111 Convenience Stores 2.112 ABC Stores 2.113 Other 2.120 Low Volume Traffic Generation 2.130 Wholesale Sales 2.200 Storage and Display of Goods Outside Fully Enclosed Building Allayed 2.210 High Volume Traffic Generation 2.220 Low Volume Traffic Generation 2.230 Wholesale Sates A RA R R01 R02 RR GB LB LBH LM HM A A A A A A A A A A A A A A A ZA ZA Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z A A A A A A A A A A A C C A A A A A A A A A A A A A A A 'A A A A A A A A A A A 7 USES * DESCRIPTION 3.000 Office, Clerical, Research and Services Not Primarily Related to Goods or Merchandise 3.100 All Operations Conducted Entirely Within Fully Enclosed Building 3.110 Operations designed to attract and serve customers or clients on the premises, such as the offices of attorneys, other professions, insurance and stock brokers, travel agents, government office buildings etc. 3.120 Operations designed to attract little or no customer or client traffic other than employees of the entity operating the principal use 3.130 Offices or clinics of physicians or dentists with not more than 10,000 square feet of gross floor area 3.200 Operations conducted within or outside fully enclosed building 3.210 Operations designed to attract and serve customers or clients on the premises 3.220 Operatiens designed to attract little or no customer or client traffic other than the entity operating the principal use 3.230 Banks with drive-in windows 4 WO Manufacturing. Processing, Creating, Repairing, Renovating, Painting, Cleaning. Assembling of Goods. Merchandise and Equipment • 0 R01 R02 RR GE LB LBH LM . HM Z Z Z Z Z Z ? Z Z Z Z Z z Z Z Z Z Z Z Z Z Z A A A A A A A A A A A USES DESCRIPTION A RA R RO1 RO2 RR GB LB LBH LM HM 4.100 All operations conducted entirely within fully enclosed building 4.110 Majority of dollar volume of business done with walk-in trade A 4.120 Majority of dollar volume of business not done with walk-in trade A A 4.200 Operations conducted within or outside fully enclosed building 5 000 Educational, Cultural, Religious„ Philanthropic. Social. Fraternal Uses 5.100 Schools 5.110 Elementary and secondary (including associated grounds and athletic and other facilities) C C C C 5.120 Trade or vocational schools C C 5.130 Colleges, community colleges (including associated facilities such as dormitories, office buildings, athletic fields, etc. C C 5200 Churches, synagogues and temples (including associated residential structures for religious personnel and associated buildings but not including elementary school or secondary school buildings) Z Z Z Z 5.300 Libraries, museums, art galleries, art centers and similar uses (including associated educational and instructional activities) 5.310 Located within a building designed and previously occupied as a residence or within a building having A A A Z Z Z C C C C C C Z Z Z C C C C C C C Z I USES DESCRIPTION A RA R RO1 RO2 RR GB LB LBH LM HM a gross floor area not in excess of 3,500 square feet C C C C C C C C C C 5.320 Located within any permissible structure Z Z Z Z Z 5.400 Social, fraternal clubs, and lodges, union halls. and similar uses A A A A A 6.000 Recreation, Amusement, Entertainment 6.100 Activity conducted entirely within a building or substantial structure 6.110 Bowling alleys. skating rinks, indoor tennis and squash courts, billiards and pool halls, indoor athletic and exercise facilities A A A Z Z 6.120 Movie theaters Z Z Z Z Z 6.200 Activity conducted primarily outside enclosed buildings or structures 6.210 Privately owned outdoor recreational facilities such as golf and country clubs, etc., (but not including campgrounds), not constructed pursuant to a permit authorizing the construction of some residential development A A A A A A A A A A .A 6.220 Publicly owned outdoor recreational facilities such as athletic fields, golf courses, tennis courts, swimming pools, parks, campgrounds, beach or sound access facilities, including parking areas, boat ramps and docks. etc, not constructed pursuant to a permit authorizing the construction . of another use such as a school Z Z Z Z Z Z Z Z Z Z Z 5 USES DESCRIPTION A RA R RO1 RO2 RR GB LB LBH LM HM 6.230 Golf diving ranges not accessory to golf courses, par golf courses, miniature golf courses, skateboard parks, water slides, and similar uses 6.240 Horseback riding stables (not constructed pursuant to permit authorizing residential development) A A 6.250 Automobile and motorcycle racing tracks 6.260 Drive-in movie theaters 6.270 Private campgrounds 6.271 Travel trailer allowed 6.272 Travel trailers not allowed 6.280 Petting Zoo 7.000 Institutional Residences or Care or Confinement Facilities 7.100 Hospitals, clinics, other medical (including mental health) treatment facilities in excess of 10.000 square feet of floor area C 7.200 Nursing care institutions, intermediate care institutions, handicapped or infirm institutions, child care institutions C 7.300 Institutions (other than halfway houses) where mentally ill persons are confined C T400 Penal and correctional facilities 8.070 Restaurants. Bars, Night Clubs 8.100 No substantial carry -out or delivery service, no drive-in service, no service or consumption outside fully enclosed structure M C C A A A A A C C C C A A A C C C C C C C C C C A A A Z Z f; USES DESCRIPTION 8,200 No substantial carry -out or delivery service, no drive-in service. Service or consumption outside fully enclosed structure allowed 8.300 Carry -out and delivery service, consumption outside fully enclosed structure allowed, but no drive-in service 8.400 Carry -out and delivery service, drive-in service, service outside fully enclosed structure allowed 9.000 h1otor Vehicle and Boat Related Sales and Service Operations 9.100 Motor vehicle and boat sales or rental or sales and service 9.200 Automobile service stations 9.300 Gas sales operations 9.400 Automobile repair shop or body shop 9.500 Car Wash 10.000 Storage and Parking 10.100 Automobile parking garages or parking lots not located on a lot on which there is another principal use to which the parking is related 10.2200 Storage of goods not related to the sale or use of those goods on the same lot where they are stored 10 210 All storage within completely enclosed structures 10.220 Storage inside or outside completely enclosed structures A RA R RO1 RO2 RR GB LB LBH LM HM A A A Z Z A A A Z Z A A A Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z A A Z A A Z Z A z Z • USES DESCRIPTION 10.300 Parking of vehicles or storage of equipment outside enclosed structures where: (i) vehicles or equipment are owned and used by the person malting use of lot, and (ii) parking or storage is more than a minor and incidential part of the overall use made of the lot 11.000 Scrap Materials, Salvage Yards, Junkyards, Automobile Graveyards 12.000 Service and Enterprises Related to Animals 12.100 Veterinarian 12.200 Kennel 13.000 Emergency Services 13.100 Law Enforcement Stations 13.200 Fire Stations 13.300 Rescue Squad, Ambulance Service 13,400 Civil Defence Operation 14.000 Agricultural, Silvicultural, Mining, Quarrying Operations 14-100 Agricultural operations. farming (not exempt as bona -fide farms) 14.110 Excluding Livestock 14.120 Includina Livestock 14.200 Silvicultural operations 14 300 Mining or quarrying operations, including on -site gales of products 14.400 Reclamation landfill 15,000 Irliseellaneous Public and Semi -Public Faciiities and Related Uses A RA R R01 R02 RR GB LB LBH LM HM A Z Z C Z Z Z Z Z Z Z C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C Z Z Z Z Z Z Z z Z Z z Z Z Z Z Z A A A A A A A A .A A A A A A A A A A A so USES DESCRIPTION A 15.100 Post Office 15.200 Airports and Airstrips 15.210 County owned or operated airport C 15.220 Privately'owned airport C 15.230 Airstrip C 15.300 Sanitary landfill 15.310 County owned or operated C 15.320 Other 15.400 Demolition landfill C 15.500 Incinerators 16.000 Dry Cleaner and Laundromat 16.100 Dry Cleaner 16.200 Laundromat 17.000 Utility Facilities 17.100 Neighborhood A 17.200 Community or Regional 17.210 Major Transportation Lines C 17.220 Facilities other than lines C 17.300 County owned or operated C 18.000 Towers and Related Structures 18.100 Antennas and supporting structures, water towers, radio towers, other towers all of which are 50 feet or less. and receive only earth stations Z 18.200 Antennas and supporting structures and towers of all types more than 50 feet tall A 19.000 Open Air Markets (farm and craft markets, Ilea markets produce markets) not qualifying as a-^cessory use to use classification 14.100 RA R R01 R02 RR GB LB LBH LM HM Z Z Z Z Z C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C Z Z Z Z Z Z Z A A A A A Z Z Z Z Z C C C C C C C C C C C C C C C C C C C C C C C Z Z Z Z Z Z Z Z Z Z A A A A. A A A A A USES DESCRIPTION A RA R RO1 RO2 RR GB LB LBH LM HIVI 20.000 Funeral Home Z Z Z Z Z 21.000 Cemetery and Crematorium 21.100 Cemetery not on same property as Church A A Z Z 21.200 Church Z Z Z Z Z Z Z Z Z Z Z 21.300 Crematorium C 22.000 Nursery School, Day Care Centers A A A A Z Z Z Z Z 23.000 Temporary Construction and Sales Office Z Z Z Z Z Z Z Z Z Z Z 24.000 Crabsheding Z Z Z Z Z Z 25.000 Commercial Greenhouse or Nursery 25.100 No on -premises sales Z Z Z Z Z Z Z 25.200 On -premises sales permitted Z Z Z Z Z Z 26.000 Special Events A A A A A A A A A A A 27.000 Combination Uses ZSC ZSC ZSC Z C ZSC ZSC ZSC ZSC ZSC ZSC 28.000 Planned Unit Developments Permissible only in P.U.D. districts (See Article 10) with a Special Use permit 29.000 Off -premises signs Z 30.000 Subdivisions 30.100 Major C C C C C C C C C C C 30.200 Minor Z Z Z Z Z Z Z Z Z Z Z 31.000 Stockyards. slaughterhouses. rendering plants A A 32.000 Acg-ibusiness Uses A A A A A 0 USES DESCRIPTION 33.000 Planned Industrial Developments 34.000 Miscellaneous Water Related Uses 34.100 Boat Ramps 34.110 Publicly owned 34.120 Privately owned, but open to public on fee basis 34.200 Marinas 35.000 Adaptive Reuse of Historic Property 36.000 Land Application of Commercial Sludge and Commercial Liquid Septage A RA R R01 ' RO2 RR GB LB LBH LM HM Permissible only in Planned Industrial Districts (see Section 115.03) with a Special Use.permit C C C G C C* C C C C C 0 ZA ZA ZA A A A Z Z Z 1 8 6 0 Article 14 CONDITIONAL USES Section 1401 Purpose of the Conditional Use Permit. 1. Conditional Use Permits allow flexibility to the Unified Development Ordinance. Subject to high standards of planning and design, certain property uses are allowed in the several Districts where these uses would not otherwise be acceptable. By means of controls exercised through the Conditional Use Permit procedure, property uses which would otherwise be undesirable in certain Districts can be developed to minimize any bad effects that they might have on the surrounding properties. 2, Article 13 sets forth uses that may be established as a • motter of right In each District. Some land uses however, have a particular impact on the surrounding land.that cannot be determined and controlled by general regulations. In order to Insure that these uses, in their proposed locations, would be compatible with surrounding development, their establishment shall not be as a matter of right but only after review and approval as hereinafter provided. Section 1402 Administration of Requirements of Conditional Use Permits. 1. Conditional Use Permits shall be issued or denied by the Board of Adjustment upon information provided by the Administrator using the some procedure as with other zoning matters, except that the Administrator or Board of Adjustment may require the applicant to prepare sufficient information to enable them to make the decision, The procedure shall be as follows; (ra) the oumer(s) ,hall submit an application for a Conditional Use Permit to the Administrator at • least fifteen (15) working days prior to the next regularly scheduled meeting,including evidence that all the requirements pertaining to the meeting of the general and specific standards for development will be met. The Administrator may require additional information deemed necessary for making a decision in the particular case. The Administrator may submit the case to the Planning Board for advisory review; (b) notice of a public hearing shall be published at least ten (10) days before it is to be heard by the Board of Adjustment. Notice may also be given to adjoining property owners; (c) the Board of Adjustment shall approve, conditionally approve, or deny the Permit, provided that conditions of approval or reasons for denial are clearly stated; and, (d) a violation of any condition of a Conditional Use • Permit is a violation of the Unified Development Ordinance and subject to immediate revocation of the Permit. Section 1403 General Standards. 1. In'order to grant a Permit for a Conditional Use the Board of Adjustment shall find; (a) that the use meets all required conditions and specifications of federal, state and local laws and regulations; (b) that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (c) that the use will not substantially injure the • 14.2 value of adjoining property or that the use is a public necessity; (d) that the location and character of the use if developed according to the Plan as submitted and approved will be in general conformity with the plan of development of the County; (e) that buffering or screening from adjacent property is provided as necessary; (f) that open storage Is limited or excluded within residential areas, and, (g)_ that signs are limited or excluded within residential areas. Section 1404 Specific Standards. 1-. In various instances, there may be established specific standards for a Conditional Use Permit in order to allow consistency of treatment in such cases. • (a) Home Occupation; (1) a Conditional Use Permit is not required if; a, the business activity is clearly incidental and subordinate to the residential use of the property; b. there is no substantial visible evidence that a business is being conducted on the premises; C. no vehicular or pedestrian traffic is generated in excess of that which is reasonable for a private residence; d. not more than one (1) truck, van, car, or other vehicle which is visibly for commercial use if kept on the property, nor any such vehicle or trailer which 61 14.3 is larger than eight feet by thirty-two feet W x 32'); el no open storage is maintained on the property; and, f. no sign or advertisement of any type other than a temporary sign for sale of produce, etc, shall be maintained on the property indicating the presence of a business, Signs giving the family name, address, property name (i.e. Mallard Manor, etc.) are permitted. (2) a Conditional Use Permit is required for any exception to the above, or if the applicant requests; a, a sign may not exceed six (6) square feet (e.g. 2' x 3'); b. open storage which must be fenced with opaque fencing; • C. a Permit to construct an accessory building or addition must conform in appearance to existing primary or accessory structures and may not have a commercial appearance; and, d, storage or keeping of more than one (1) vehicle visibly for commercial use or any such vehicle larger than eight feet by thirty-five feet (0' x 35'). (3) the purpose of the Home Occupation Permit is to provide for such business enterprises as may be conducted by a family within its own home or customary accessory buildings, provided that such use does not disturb or intrude upon the residential character of the subject property or the surrounding neighborhood. • 14.4 • (b) Recreation Grounds: (1) recreation grounds, but not a recreation campground may be permitted provided that the following conditions are met: a. minimum area for creation of a recreation ground shall be twenty (20) acres under single ownership or control; b, must be operated by a nonprofit group; C. cottages, cabins or dormitory buildings must be constructed of such a nature that they will not be feasibly adaptable for year round occupancy; d, the minimum size of cottage, cabin or dormitory building shall be not less than 640 square feet; • e, there shall be a buffer of not less than one hundred (100) feet between all building and the nearest property line; f, the facilities shall not accommodate more than ten (10) persons per acre for overnight occupancy; and, g, a site plan drawn to scale shall be presented to the Board of Adjustment with other supporting materials for approval, (c) Recreation Campgrounds: (1) recreation campgrounds are permitted only with a Special Use Permit in RR Districts, The following uses are permitted: a, use of transportable recreational housing, other than for long term occupancy or dwelling units; and, b. establishments for the sale of rental of supplies or for provisions of services, for satisfaction of daily or frequent needs of campers, within the District may be permitted. Such establishments Include those providing groceries, ice, sundries, bait, fishing equipment, self- serving laundry equipment and the like, but not sale of designed to serve only the needs of campers within the campground, but shall not, including their parking areas, occupy more than two percent (2%) of the area of the campground and shall not be so located as to attract patronage from outside the grounds, nor to have adverse effects on surrounding land uses. (2) Minimum dimensional requirements: • a. minimum area for creation of a recreational campground shall be ten (10) acres under single ownership or control. At the opening of any recreational campground for occupancy by units, all required facilities and improvements shall have been completed, and the minimum number of spaces available and ready for occupancy shall be twenty (20). Minimum size for a single camper space shall be 3,000 square feet; and, b, recreation area: not less than eight percent (8%) of the area of the recreational campground shall be devoted to recreational area. Such recreation area may include space for common walkways and related landscaping in block interiors provided that such • _ 14. 6' common open space is at least twenty (20) feet in width, as passive • recreation space, but shall include at least half of the total 'required recreational area in facilities for active recreation such as swimming pools or beaches, ballfields, shuffleboard courts, play lots for small children and the like, of a nature so designed to serve the type of campers anticipated and so located as to be readily available from all spaces and free from traffic hazards, (3) camping is a permitted use of land only in recreation campgrounds. (d) Conditional Use Standards for Light Manufacturing (as described in use classification 4,000); (1) minimum front setback of seventy-five (75) feet shall be required. Side and rear setbacks shall be ten (10) feet in addition • to any buffer which may be required; (2) parking requirements shall be met separately for each.use. Retail uses require one (1) space per 200 square feet of retail space. Manufacturing uses require one (1) space for each employee on maximum shift, (3) loading requirements shall be as specified for Manufacturing uses; (4) a twenty (20) foot buffer, In addition to the side and rear setbacks shall be required where the use abuts residential use or a residential zone, The buffer may be reduced to ten (10) feet where substantial vegetation or opaque fencing at least six (6) feet high is present; (5) buffer and setback areas in the side and rear • 14.7 may not be used for parking; • (6) buffer and setback areas must be landscaped and maintained in natural vegetation; (7) total for all structures on the lot regardless of use except for a dwelling and its customary accessories shall not exceed 5,000 square feet or fifteen percent (15%) lot coverage, whichever is less; (8) no open storage shall be permitted. All materials, supplies or products shall be stored under roof or shall be screened from view with opaque fencing. This shall not apply to finished products presented in the open for display and sale; (9) Light Manufacturing use must include retail sales on the premises; and, (10) the use shall not generate more noise, smoke, odor, fumes, vibrations or other • disturbance than is characteristic of permitted business uses located within 1,000 feet in any direction when observed, measured, or monitored from the closest property line, In cases where such monitoring, measuring or observation is required, it shall be the responsibility of the applicant to provide adequate information to the Board of Adjustment. (e) Utility Buildings in the A, RA, R, 1101, R02 and RR Districts (1) utility buildings (i.e,) buildings used to house equipment or facilities owned by a public (utility as defined in Chapter 62 of the General Statutes) are permissible in the R District with a Conditional Use Permit issued by the Board of Adjustment, Storage of vehicles or equipment outside the storage • 14. 8 building shall be permitted only within the area that Is screened as provided In • subdivision (2) of this Subsection; (2) except as provided in subdivision (3) of this Subsection, the utility building authorized by this Subsection shall be fully screened on all sides by opaque fencing from the ground to a height of at least eight (8) feet, The opaque screening may consist of a wall, fence, retained vegetation, or planted vegetation, if planted vegetation is used, it must satisfy the standard set forth herein within three (3) years after planting. Continued maintenance of the screening (including replanting, if necessary) shall be a continuing condition of the Permit, (3) The screening specified in Subsection (2) shall not be required if there is no outside storage of vehicles or equipment and if the building is designed and constructed (including types of exterior materials) so Sthat it is compatible with other residences in the subdivision is intended to limit the authority of the Board of Adjustment to consider and apply the general standards set forth in Section 1403, (f) Bed and Breakfast: (1) as indicated in the Table of Permissible Uses, bed and breakfast establishments are permissible with a Conditional Use Permit in Residential Zoning Districts and with a Zoning Permit in several Nonresidential Districta, The remaining provisions of this Section apply just to such uses in the Residential Districts; (2) the building that houses the dwelling unit may not be expanded by more than ten percent (10%) of Its original floor area, nor may • 14.9 rooms for rent be added onto or created within accessory buildings; (3) not more than one (1) sign advertising the existence of a bed and breakfast operation may be erected on the lot where such use is located, Mo'side of this sign may exceed six (6) square feet in surface area nor be located within a street right-of-way. The sign may not be Internally Illuminated; (4) in accordance with Article 4, off-street parking shall be provided in the amount of two (2) spaces for the one -family dwelling plus one (1) space per room rented out; (g) Special Events: (1) In deciding whether a Permit for a special event should be denied for any reason specified in Article 20, or in deciding what additional conditions to impose under Article 20, the Board of Adjustment shall ensure • that, (if the special event is conducted at all): a. the hours of operation allowed shall be compatible with the uses adjacent to the activity; b. the amount of noise generated shall not disrupt the activities of adjacent land uses; C. the applicants shall guarantee that all litter generated by the special event be removed at no expense to the County; and, d. the Board of Adjustment shall not grant the Permit unless it finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners to the beneficial use and enjoyment of their property. (2) in cases where it is deemed necessary, the Board may require the applicant to post a bond to ensure compliance with the conditions of the Conditional Use Permit; and, (3) 'if the Permit applicant requests the County to provide extraordinary services or equipment or if the County otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the County a fee sufficient to reimburse the County for the costs of these services, This requirement shall not apply if the event has been anticipated in the budget process and sufficient funds have been included in the • budget to cover the costs incurred,. (h) Mobile Home and Mobile Home Parks: (1) Class "R" and "B" Manufactured Homes are permitted in all approved mobile home parks; (2) no mobile home may be parked for storage on any lot, tract or parcel except in Business or Manufacturing Districts or in a mobile home park storage site approved pursuant to a Conditional Use Permit issued under Rrticle 20. When mobile homes are stored in a Business District (GB, LB and LBH) or Manufacturing District (LM and HM) such storage site shall be completely surrounded by a wail or fence which a person cannot gee through (visually opaque) at least 6 feet in height and no mobile home may be stored in any District for more than six (6) months, Mobile Home sales lots which have employees actively engaged In mobile home sales on the • site daily shall be exempt from the six (6) month limitation; (3) mobile homes may not be used as storage structures; (4) a mobile home park is not a permitted use in any Zoning District; (5) PERMIT REQUIRED: before any mobile home is located on any lot, tract or parcel, the following Permits must be obtained: a. Improvements Permit from County Sanitarian; b. Zoning Permit from the Administrator; and, C. Mobile Home Location Permit from the Inspection Office. (6) any mobile home which is located in the County for any purpose whatsoever except for approved temporary storage of the unit must be anchored and tied down or otherwise secured according to the manufacturer's standards of the North Carolina Department of Insurance; (7) in a mobile home park, or any location in which the location of Individual mobile home units is not made with reference to individual lot lines which are shown on a Plat approved by the County, no attached structures shall be permitted which total in excess of one hundred (100) square feet nor may the total of all accessory buildings in individual ownership exceed one hundred (100) square feet per mobile home unit; • 14. 12 ($) Two (2) or more mobile homes shall not be joined or connected together as one (1) • dwelling nor may a mobile home be attached to any accessory building; (9) mobile homes, attached, and detached structures shall be tied down onto block piers with anchors according to the manufacturer's standards or the standards of the North Carolina Department of Insurance, and in no case shall be placed upon a permanent foundation in any mobile home park or other location where the location of Individual mobile home units is not made with reference to individual lot lines which are shown on a Plat approved by the County; (10) mobile home park storage site; a mobile home storage site may be permitted within a mobile home park with the following conditions: a. the mobile home park must contain at least twenty (20) lots on the effective date of this Section to qualify for a Permit for a storage site; b, the storage site must be located on -the same lot, tract or parcel as the mobile home park; c. the size of the mobile home storage site may not exceed five percent (5%) of the total area of all mobile home lots in the park or 30,000 square feet; whichever area is the smallest. d, the total number of mobile homes stored in a mobile home park storage site shall not exceed ten (10) mobile homes and may be as many as two (2) for any mobile park. Under any event, the total number of lots in the park except where such • 14. 13 number of stored mobile homes would be less than two (2); • e, the mobile home storage site shall be completely surrounded by an opaque fence at least eight (8) feet in height. The fence shall be erected and maintained in a manner to present a neat and attractive appearance; f. no mobile home may be stored in a mobile home park storage site for more than (6) six months; g. it is the intent of this Section to allow some relief to owners and operators of mobile home parks who have abandoned mobile homes in their parks or have seized or attached mobile homes under legal process, Only mobile homes which have been abandoned or are in the possession of the mobile home park operators under legal process may be • stored and sold in a mobile home park storage site. It is not the intent of this Section to allow a mobile home sales lot within.a mobile home park and no private sales by persons other than the operators and owners of mobile home parks may be allowed within the storage site; and, h. upon request by the Rdministrator, the mobile home park owner or operator shall submit proof that the mobile homes located within the storage site are those abandoned mobile homes or mobile homes seized or attached under legal process which are permitted under this Section. (11) no variance may be obtained to circumvent the 40 14.14 provisions in the foregoing Sections regarding use, location, placement, storage • and occupation of mobile homes, (j) Limited Manufacturing/Processing Uses in A and'RA Districts: (1) as indicated in the Table of Permissible Uses, manufacturing/processing uses (use classification 4.100) with all operations conducted Inside an enclosed building are permissible in the A and RR Districts upon receipt of a Conditional Use Permit, The Board of Adjustment may not issue a Conditional Use Permit for such use unless it makes an affirmative finding that the proposed use satisfies (or when constructed will satisfy) each of the following requirements: a, within 500 feet of any building that houses the 4.100 use there are no residences that are occupied or held • ready for occupancy or under construction on the day the Permit is issued; b, an opaque (Type R) screen shall be installed to shield neighboring property and any public street from the view of any building that houses the 4,100 use and any associated parking. If a fence is used to accomplish the opaque screen, evergreen vegetation shall be planted outside of the screen such that within six years the fence will not be visible from a distance of at least ten (10) feet; C. the proposed use will not require and will not allow truck pick-up or delivery traffic before 7:00 a.m. or after 7:00 P.M.." 0 14- 15 d. the total gross floor area of any • buildings that house the 4.100 use may not exceed 2,000 square feet; el the maximum square footage of sign surface area advertising the proposed use shall be sixteen (16) square feet, and not more than one (1) freestanding sign may be erected; and, f, the proposed use will not substantially injure the value of adjoining or neighboring properties, and the burden of proof on this issue lies with the applicant, However, if the applicant presents a petition, signed by the owners of all properties entitled to receive notice of the hearing on the application pursuant to Section 2202, and stating that such property owners believe their property values will not be adversely affected by the proposed use, this shall be sufficient evidence from which the Board may make the required finding. (k) Agribusiness Use; (1) agribusiness uses are permissible within the A, RR, GB, LM and HM Districts pursuant to a Conditional Use Permit only if the proposed use satisfies the following requirements: a. the lot where the agribusiness use is located must have sufficient frontage along a major arterial street or major arterial access street so that the principal means of ingress and egress for the use lies along such street, in which case ingress and egress shall be provided from the intersecting street; • 14.16 b. no building or structure that houses any part of the agribusiness use may be • located within 500 feet of any pre- existing residence (other than a residence owned by the applicant) that is occupied, held ready for occupancy, or under construction on the date the Permit is issued; C. suitable screening as determined by the Board of Adjustment, shall be installed on all sides of the property containing the agribusiness use (except a side that borders a public street) to the extent necessary to protect adjacent properties from the agribusiness use; d. the proposed use will not substantially Injure the value of adjoining or neighboring properties, and the burden of proof on this issue lies with the applicant. However, if the applicant presents a petition, signed by the • owners of all properties entitled to receive notice of the hearing on the application pursuant to Section 2202, and stating that. such property owners believe their property values will not be adversely affected by the proposed use, this shall be sufficient evidence from which the Board may make the required finding; and, e. the maximum square footage of sign surface area advertising the proposed use shall be thirty-two (32) square feet, and not more than one (1) freestanding sign may be erected. (k) Uses Permissible Only in Heavy Manufacturing District: (1) the Table of Permissible Uses indicates that 4,000 classification uses generally are permissible In both the Ln and HM Zoning • Districts, Notwithstanding any contrary implication in that Table, the following uses are permissible only within the HM District.The use descriptions are taken from the Standard Industrial Classification Manual published by the U.S, Department of Commerce, to which reference may be made for a more complete description of each type of use, S.I.C. Number Group No, Industry No, Use Description 201 2011 Meat Packing Plants 201 2013 Sausages and Other Prepared Meat Products 204 2047 Dog, Cat and Other Pet Food 207 2077 Animal and Marine Fats and Oils 261 All Pulp Mills 262 Ail Paper Mills • 281 All Industrial Inorganic Chemicals 286 Ail Industrial Organic Chemicals 267 RII Agricultural Chemicals 289 All Miscellaneous Chemical Products 291 RII Petroleum Refining 295 All Paving and Roofing Materials 299 All Misc, Products of Petroleum and Coal 324 RII Hydraulic Cement 327 3273 Ready Mixed Concrete 495 4953 Incinerator Operation Junkyards ( I ) Mining: (1) the Table of Permissible Uses indicates that • i4,18 mining in all Districts other than the HM District is permissible with a Conditional • Use Permit. However, this shall be so only with respect to property that has been brought within a Mining Overlay District (see Article 1) and then a Use Permit may be Issued only if the applicant demonstrates compliance with the following conditions: a. the area for which the state or federal Mining Permit is granted must be ten (10) acres or more; b, mining shall be on an industrial extraction basis only and shall not be permitted by hobbyists or others not engaged in the mineral extraction business; C. the edges of any extraction area where mining is allowed shall be at least 100 feet from all property lines and at least 300 feet from any residence, aschool, church, hospital, commercial, or industrial building, public road or cemetery; d, the hours of operation of all mining related facilities and activities on the mining site shall be established -by conditions to minimize: (a) traffic delays and interruptions on public roads, (b) nolse levels and sound disturbances to adjoining property owners and the community at large; e, appropriate visual screening and/or fencing shall be erected and maintained as determined by the Board; f. if at any time the state and/or federal agencies suspends or revokes any of the required Permits it has issued for the • 14. 19 mining operation, said revocation or suspension shall cause the Conditional. • Use Permit to become mall and void; g. the Conditional Use Permit shall be valid only for a period of three (3) years from the date the some is granted, In the event the property owner desires to continue the mining operation thereafter, he shall again petition the Board for a new Permit; and, h, no Conditional Use Permit may be issued for this purpose unless and until the applicant has received a State Permit to engage in such mining, (m) Manufacturing/Processing Uses in Commercial Districts; (1) while the Table of Permissible Uses indicates that certain 4.000 classification uses are generally permissible within one (1) or more • commercial Zoning Districts, such uses shall be permissible only subject to the following limitations: a, no such use is permissible within any commercial Zoning District if it generates or omits any smoke, noise, vibration, offensive odor, or electrical disturbance that adversely affects any other use that is located (1) outside the boundary of the immediate space occupied by the 4.000 classification use if that use is one of several located on a lot, or (ii) beyond the lot boundary line of the 4.000 classification use if it is the only enterprise located on a lot; or, b. in no case shall any use listed in the • 14. 20 Table set forth above in Subsection (1) as permissible only within the HM Zoning • District be permissible within any commercial Zoning District. (n) Adaptive Reuse of Historic Property: (1) the Board may issue Conditional Use Permit to allow the adaptive reuse of historic property whenever it concludes that: a, the tract for which the Conditional Use Permit is sought contains property that is listed on the National Register of Historic Places; b. any property proposed to be covered in the Conditional Use Permit that is not part of the tract listed on the Register is integrally related to such property such that its coverage under the Conditional Use Permit is warranted for aesthetic, and planning, or economic • reasons; C. uses otherwise permissible in the District where the property Is located do not seem to provide a practical opportunity or offer sufficient Incentive to renovate and reuse the historic property; and, d. the property can be developed for the use proposed without creating any substantially adverse Impact on surrounding properties, or any adverse impact is outweighed by the benefits of preserving the historic character of the property. (p) Limited Office Use in Residential Districts: (1) the Table of Permissible Uses indicates that • 14.21 3.100 classification uses are permissible within the RR, R, and R01 01strlcts witn a Conditional Use Permit Issued by the Board of Adjustment. However, the Hoard may authorize such uses in these Districts only when, in addition to other findings required by this Ordinance, the applicant demonstrates that: a. the proposed use fronts on a paved public street; and, b, the size, scale, and nature of the proposed use do not make it incompatible with surrounding residential uses, In making this determination, it shall be recognized that the primary intent of this Section is to allow the kinds of small scale, professional offices that have traditionally been permitted in Residential Districts along major thoroughfares in Currituck County, such as the individual offices of doctors, attorneys, real estate brokers, etc. This Section is not intended to authorize in Residential Districts general office buildings rented to multiple tenants,. (p) Junkyards: (1) the intent of this Section is to insure the public health, safety and general welfare by providing controls on the placing, disposing, discarding and abandoning of the following: Household garbage - (i.e. Food wastes) food containers) Building materials/demolition waste Motor Uehicles and parts Rubbish • 14.22 Appliances • Furniture Commercial solid waste; generated by stores, offices, restaurants, etc, a. junkyards.sholi be allowed in ManufacturIng OIstrIcts (LM and Hn) only with a Conditional Use Permit. A junkyard is not permitted In any other Zoning District; b, a junkyard may not be placed within 1000 feet of a primary highway right-of-way; C. junkyards shall be screened so as not to be visible from (1) any State maintained road using a minimum six foot (6') privacy fence, (ii) Screening from adjacent residential or non-residential properties is also required; • d. burning of non -vegetative matter shall not be permitted; e. disposal of garbage unrelated to motor vehicles shall be in an approved container and regularly maintained. Open dumping of garbage shall be prohibited; f. disposal of toxic/hazardous matter is prohibited anywhere In the County without a State Permit, and a Conditional Use Permit from the County, in an approved site; g, stock piling of tires and batteries is prohibited in all zones; h, drainage of junkyards shall be adequate • 14, 23 to assure that no standing water shall exist; I. weeds and vegetation shall be kept at a height not to exceed (12") twelve inches; j, storage of vehicles shall be so arranged as to permit easy access to all.such junk for fire fighting purpose; and, k, an Erosion Control Plan shall be submitted according to the North Carolina Erosion and Sedimentation Control Act and a copy must be kept on file in the Administrator's Office, PERMIT REQUIRED ---a junkyard must obtain a Permit prior to location or operation, Permits shall be Issued by the Administrator after authorization by the Board of Adjustment. The application shall contain such information as to indicate compliance with this Ordinance. A fee, as listed in the County's Adopted Fee • Schedule, shall be required for the Permit and must be renewed on a yearly basis contingent upon compliance with this Section, (q) Flea Markets (1) only one (1) sign shall be permitted not to exceed 32 square feet; (2) off street parking shall be provided with a minimum of three (3) spaces per stand or rented space; (3) sanitary facilities shall be provided with facilities for both the male and female gender; (4) there shall be provisions for garbage or trash removal for each day such flea market is open to the public; is 14.24 (5) hours of operation shall be determined by the Board of Adjustments; (6) a buffer strip shall be maintained as set forth by this Ordinance. A buffer may be required along the front of the property if the Board of Adjustment determines that is necessary to reduce distractions to nearby traffic; and, (7) all rental spaces and buildings shall maintain a fifty (50) foot setback from all property lines. (r) Land Application of Commercial Sludge and Commercial Liquid Septage in an A-30 District with a Conditional Use Permit. (1) commercial sludge and commercial liquid septage is permitted only with a Conditional Use Permit (CUP) in A-30 Districts only provided the following conditions are met: a. a Permit must be obtained by the property owner from the appropriate County or State agency; i.e. County Health Department; North Carolina Department of Hatura) Resources and Community Development, Division of Environmental Management, etc.; b. all conditions stated in the appropriate Permit must be strictly adhered to; C. this Conditional Use Permit may/may not be issued by the Board of Commissioners after conducting an advertised Public Hearing to hear all matters regarding this application; d, this Conditional Use Permit (CUP) 14. 25 requirement shall be limited to commercial operations regarding sludge and liquid septage and shall not be intended to place restrictions on livestock and poultry practices; e, site will be inspected once each week by the County Health Department and a fee of $100. shall be charged upon each inspection; f, no land application of sludge or liquid septage will be allowed within 1000 yards of a residence or well nor will it be allowed closer than 500 yards to a property line; g, "no trespassinglwaring signs" will be placed every 500 feet along all property lines surrounding the.site; h. land application of sludge or liquid septage will occur during daylight hours; I. upon issuance of the Conditional Use Permit, the property owner will record the Conditional Use Permit in the Currituck County Registry and indexed under the record owner's name as grantor; and, j, failure to properly abide by the aforementioned conditions will result in the immediate revocation of the Conditional Use Permit. • 14, 26 0 m M- M- 04r2-i-c/o l 5 r 0 6 0 • ARTICLE 15 NONCONFORMING SITUATIONS Section 1501 Definitions. 1. Unless otherwise specifically provided or unless clearly required by the context, the words and phrases defined in this Section shall have the meaning•indicated when used in this Article. (a) dimensional nonconformity: a nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between on existing building or buildings and other buildings or lot I.ines does not conform to the regulatinsmapplicable to the district in which the property•is located; • (b) effective date of this Ordinance: whenever this Article refers to the effective date of this Ordinance, the reference shall be deemed to include the effective date of any amendments to this Ordinance if the amendment,*rother than this Ordinance as originally adopted, creates a nonconforming situation; (c) expenditure: a sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes In position; (d) nonconforming lot: a lot existing at the effective date of this Ordinance (and not created for the purposes of evading the restrictions of this Ordinance) that does not meet the minimum area requirement of the district in which the lot is located, except that such a lot created pursuant to a provision of this or any prior Ordinance allowing • 15.1 the creation of lots smaller than normal minimums shall not constitute.a nonconforming lot; • (e) nonconforming project: any structure, development, or undertaking that is incomplete on 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; (f) nonconforming sign: a sign (see Article 25 for definition) that on the effective date of this Ordinance does not conform to one (1) or more of the regulations set forth in this Ordinance, particularly Article 17, Signs; (g) nonconforming situation: a situation that occurs when, on the effective date of this Ordinance, an existing lot or structure or use of on existing lot or structure does not conform to one or more of the regulations applicable to the district in which the• lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot.does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and set -back requirements) is not in conformity with this Ordinance, because signs do not meet the requirements of Article 17 of this Ordinance, or because land or buildings are used for purposes made unlawful by this Ordinance; (h) nonconforming structure: any structure which does not conform to the regulation of structures for this Ordinance for the district in which it is located either at the effective date of this Ordinance or as a result of subsequent amendments which may be incorporated into this Ordinance, but was either conforming or not subject to regulation previously; and, (i) nonconforming use: a nonconforming situation that • 15.2 occurs when DroaertU is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is • located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with running a bakery in a residentially zoned area is a nonconforming use.) Section 1502 Continuation of Nonconforming Situations and Completion of Nonconforming Projects. 1. Unless otherwise specifically provided in this Ordinance (e.g., Section 1501, Nonconforming Signs), -and subject to the restrictions and set forth in Rrticle 15, nonconforming situations that were otherwise lawful on the effective date of this Ordinance may be continued. 2. •Nonconforming projects may be completed only in accordance with the provisions of Article 15. Section 1503 Nonconforming Lots, 1. When a nonconforming lot can be used in conformity with all of the regulations (other than the area and width requirements) applicable to the district in which the lot is located, then the lot may be used as proposed just as if it were conforming. However, no use (e.g., a two- family residence) that requires a greater lot size than the established minimum lot size for a particular zone is permissible on a nonconforming lot. 2. When the use proposed for a nonconforming lot is one that is conforming in all other respects but the applicable setback requirements (Rrticle 2) cannot reasonably be complied with, then the entity authorized by this Ordinance to issue•a Permit for the proposed use (the • 15.3 Administrator, Board of Adjustment, or Board of Commissioners) may allow deviations from the applicable • setback requirements if it finds that; (a) the property cannot reasonably be developed for the use proposed without such deviations; (b) these deviations are necessitated by the size or shape of the nonconforming lot; and (c) the property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety. 3. For purposes of Subsection (2), compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible. 4. This Section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no substantial structures upon it. A change in use of a developed nonconforming lot may be accomplished in accordance with Article 15. 5. Any subdivision not under consideration by the Planning Board on the date this Ordinance was adopted shall conform to all of the requirements in this Ordinance. Future phosess, sections, or segments showning lot configuration on a plat under consider ation by the Planning Board on the date this Ordiance was adopted may be developed in accordance with the requirements of the previous Zoning Ordinance. Section 1504 Extension or Enlargement of Nonconforming Situations. 1. Except as specifically provided in this Section, no • 15.4 person may engage in any activity that causes an increase In the extent of nonconformity of a nonconforming • situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in; (a) an increase in the total amount of space devoted to a nonconforming use; or (b) greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations or density requirements or other requirements such as parking requirements. 2. Subject to Subsection (4), 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 Section 1508 (authorizing the completion of nonconforming projects in certain circumstances), a nonconforming use may not be extended to additional buildings or to land outside the original building. 3. Subject to Section 1508 (authorizing the completion of nonconforming projects in certain circumstances), a nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use that involves the removal of natural materials from the lot (e.g.) a sand pit) may be extended to the boundaries of the lot where the use was established at the time it became nonconforming if ten percent (10%) or more of the earth products had already been removed on the effective date of this Ordinance. 4. The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other paragraphs of this Section occur. 0 15.5 6, Notwithstanding Subsection M: • (a) any structure used for single-family residential purposes (other than a class "B" or "C" mobile home) may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to such matters as setback and parking requirements; and, (b) a nonconforming class "B" or "C" mobile home (located outside a mobile home park) that the Building Inspector has found to be unfit for human habitation for any of the reasons set forth in G.S. 1608-W [Minimum Housing Standards] may be replaced with a class "B" mobile ho.►ue that was manufactured .In the same year or later than the home being replaced and is as large or larger than the home being replaced, so long as (i) the home being replaced was occupied on a full time basis as a residential use only for a period of 180 days • prior to the request for replacement, (ii) all necessary Permits have been issued by the county Health Department relating to the installation and operation of. a sat I sf'actory- sewage treatment system,'ond (M ) the Administrator provides to adjoining property owners written notice of his intent to issue such a Permit at least seven (7) days before it is issued. 6. Notwithstanding Subsection (1), the Administrator may issue a Zonina Permit authorizing a permanent addition to a nonconforming mobile home if he finds that such addition, (i) will.be construed in accordance with all requirements of the H.C, State Building Code, (ii) will not violate any other dimensional requirement of this Ordinance; (iii) will increase the stability of the mobile home, and (iv) will make the home more compatible in terms of appearance with other site -built homes in the area, • 15.�� Z. notwithstanding Susectior► (1), whenever: (i) there exists a lot with one or more structures on It; and (.1 1) a change in use that does not involve any enlargement of • a structure is proposed for such lot; and (III) the parking or loading requirements of Article 4 that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking or loading, then the proposed use shall not be regarded as resulting in an impermissible extension or enlargement of a nonconforming situation, However, the applicant shall be required to comply with all applicable parking and loading requirements that can be satisfied without acquiring additional land, and shall also be required to obtain satellite parking in accordance with Section 409 if: (1) parking requirements cannot be satisfied on the lot with respect to which the Permit is required; and (ii) such satellite parking is reasonably available. If such satellite parking .1.6 not reasonably available at the time the Zoning or Special Use or Conditional Use Permit is granted, then the permit recipient shall be expected to provide satellite parking upon its availability. This requirement shall.be a • continuing condition of the Permit. 8. Notwithstanding any other provision of this Ordinance, additional right-of-way along on -existing street may be condemned, and a property owned may at the request of the County or State dedicate or convey additional right-of- way even if such condemnation, conveyance or dedication results in the creation of exacerbation of a nonconforming situation. Section 1505 Repair, Maintenance and Reconstruction. 1. With respect to structures located on property where nonconforming situations exists: (a) repair and maintenance are encouraged; (b) subject to the remaining provisions of this • 15.7 Section, renovation, restoration, or reconstruction work is permissible so long as such work seeks only . to refurbish or replace what previously existed and no violation of Article 15 occurs, The fact that renovation, restoration, or reconstruction work may require a Permit under Article 20 shall not make such work impermissible so long as the work is otherwise consistent with this Section; (c) renovation, restoration, or reconstruction shall not be allowed if (1) the work is estimated to cost more than twenty five percent (25%) of the appraised value of the structure to be renovated, restored, or reconstructed, and (H) the need for such work is the result of damage to the structure intentionally caused by a person with an ownership interest in such structure; or, (d) Renovation, restoration, or reconstruction work estimated to cost more than twenty five percent (25%) of the appraised value of.the structure to be renovated, restored, or reconstructed shall only be permissible if the permitee or property owner complies to the extent reasonably possible with all provisions of this Ordinance applicable to the existing use (except that the right to continue a nonconforming use or maintain a nonconforming level of density shall not be lost), 2., For purposes of Subsection (1); (a) the "cost" of renovation, restoration, or reconstruction shall mean the fair market value of the materials and services necessary to accomplish such renovation, restoration, or reconstruction; (b) the "cost" referred to above shall mean the total cost of all such intended work, and no person may seek to avoid the intent of Subsections (1) or (2) above by doing such work incrementally; (c) the "appraised valuation" shall mean either the • 15.8 appraised valuation for property tax purpose, updated as necessary by the increase In the consumer price index since the date of the last • valuation, or the valuation determined by a professionally recognized property appraiser; and, (d) compliance with a requirement of this Ordinance is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding.that compliance is not reasonably possible. 4. The limitations of this Section shall not apply to structures used for single-family residential purposes, which structures may be reconstructed, renovated, restored, or replaced subject to the provisions of Article 15. Section 1506 Change in Use of Property Where a Nonconforming • Situation Exists. 1. A change in use of property (where a nonconforming situation exists) that is sufficiently substantial to require a new Zoning, Special Use, or Conditional Use Permit in accordance with Article 20 may not be made except in accordance with Subsections (b) through (d) above, However, this requirement shall not apply if only a Sign Permit is needed. 2. If the intended change in use is to a principal use that is permissible in the district where the property is located, and all of the other requirements of -this Ordinance applicable to that use can be complied with, permission to make the change must be obtained in the some manner as permission to make the initial use of a vacant lot. Once conformity with this Ordinance is achieved, the property may not revert to its nonconforming status, 15.9 �. If the intended change in use is to a principal use that is permissible in the district where the property is • located, but all of the requirements of this Ordinance applicable to that use cannot reasonably be complied with, then the change is permissible if the entity authorized by this Ordinance to issue a Permit for that particular use (the Administrator, Board of Adjustment-, or Board of Commissioners) issues a Permit authorizing the change, This Permit may be issued if the permit Issuing authority finds, in addition to any other findings that may be required by this Ordinance, that: (a) the intended change will not result in a violation of Section 1502; and, (b) all of the applicable requirements of this Ordinance that can reasonably be complied with will be complied with. Compliance with a requirement of this Ordinance is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. And in no case may an applicant be given permission pursuant to this Subsection to construct a building'or add to an existing building if additional nonconformities would thereby be created. 4. If the intended change in use is to another principal use that is also nonconforming, then the change is permissible if the entity authorized by this Ordinance to issue a Permit for that particular use (the Administrator, Board of Adjustment, or Board of Commissioners) issues a Permit authorizing the change. The Permit issuing authority may issue the Permit if it finds, in addition to other findings that may be required by this Ordinance, that: 0 15.10 (a) the use requested is one that is permissible in some Zoning District with either a Zoning, Special Use, or Conditional Use Permit; • (b) All of the conditions applicable to the Permit authorized in Subsection (3) of this Section are satisfied; and, (c) the proposed development will have less of an adverse impact on those most affected by It and will be more compatible with the surrounding neighborhood than the use in operation at the time the Permit is applied for, 5. If a nonconforming use is changed to any use other than a. conforming use without obtaining a Permit pursuant to this Section, that change shall constitute a discontinuance of the nonconforming use, with consequences as stated in Section 1507. Section 1507 Abandonment and Discontinuance of Nonconforming • Situations. 1. When a nonconforming use is discontinued for a period of two (2) consecutive years, the property involved may thereafter be used only for conforming purposes. 2. if the principal activity on property where a nonconforming situation other than a nonconforming use exists is discontinued for a period of two (2) consecutive years, then that property may thereafter be used only in conformity with all of the regulations applicable to the preexisting use unless the entity with authority to issue a Permit for the intended use issues a Permit to allow the property to be used for this purpose without correcting the nonconforming situations, This Permit may be issued if the permit issuing authority finds that eliminating a particular nonconformity is not reasonably possible (k e., cannot be accomplished without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a aermanent foundation). The Permit shall specify which nonconformities need not be corrected. • (j) For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this Section, 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 (1) apartment in a nonconforming apartment building for two (2) years shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building 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. 4, When a structure or operation made nonconforming by this Ordinance is vacant or discontinued on the effective date of this Ordinance, the two (.2) year period for purposes of this Section begins to run on the effective date of this Ordinance. However, if the situation was nonconforming under the Ordinance previously in effect, then the two (2) year period shall begin to run from the iactual date the property became vacant or the use was discontinued. 5, For purposes of this Section, the question of the property owner's or other person's intent is irrelevant, and discontinuance of the required period shall conclusively be presumed to constitute an abandonment of the right to continue the nonconforming situation. Section 1508 Completion of Nonconforming Projects. 1. RIi nonconforming projects on which construction was begun at least 160 days before the effective date of this Ordinance, all nonconforming projects that are at least twenty-five percent (25%) completed in terms of the total expected cost of the project on the effective date of this Ordinance, and all nonconforming projects where a subdivision has been considered by the Planning Board for • 15,t' Sketch Plat approval may continue in accordance with the requirements of the previous Ordinance. If a development is designed to be completed in stages, this Subsection • shall apply only to the particular phase under construction. In addition, as provided in G.S. 153- 344(b) [Amendments], neither this Ordinance nor any amendment to it shall, without the consent of the property owner, affect any lot with respect to which a Building.Permit has been issued pursuant to G.S. 1538-357 [Permits] prior to the enactment of the Ordinance making the change so long as the Building Permit remains valid, unexpired, and unrevoked. 2. Except as provided in Subsections (1) and (5), all work on any nonconforming project shall cease on the effective date of this Ordinance, and all Permits previously issued for work on nonconforming projects shall be revoked as of that date. Thereafter, work on nonconforming projects may begin or may be continued only pursuant to a Zoning, Special Use, Conditional Use, or Sign Permit issued in accordance with this Section by the individual or Board authorized by this Ordinance to issue Permits for the type of development proposed. The permit issuing authority shall issue such a Permit if it finds that the applicant has in good faith made substantial expenditures or Incurred substantial binding obligations or otherwise changed his position In some substantial way in reasonable reliance on the land use law as it existed before the effective date of this Ordinance and thereby would be unreasonably prejudiced if required to abide by the terms of the Ordinance making the project nonconforming. (In the case of nonconforming projects for which an application is pending on the effective date of this Ordinance, the Permit issuing authority may approve the applicaiton as submitted If It makes the foregoing findings). In considering whether these findings may be made, the Permit issuing authority shall be guided by the following, as well as other relevant considerations: (a) all expenditures made to obtain or pursuant to a validly issued and unrevoked Building, Zoning, Sign, or Special or Conditional Use Permit shall be 15.i3 considered as evidence of reasonable reliance on the land use.!aw that existed before the effective date of this Ordinance; • (b) except as provided in Subsection (2)(a), no expenditures made more than 180 days before the effective date of this Ordinance may be considered as evidence of reasonable reliance on the land use law that existed before this Ordinance became effective. An expenditure is made at the time a party Incurs a binding obligation to make that expenditure; (c) to the extent that a nonconforming project can be made conforming and that expenditures made or obligations incurred can be effectively utilized in the completion of a conforming project, a party shall not be considered prejudiced by having made such expenditures; (d) an expenditure shall be considered substantial if it is significant both in dollar amount and in terms of (1) the total estimated cost of the proposed project, and (ii) the ordinary business • practices of the developer; (e) a person shall be considered to have acted in good faith if actual knowledge of a proposed change in the land use law affecting the proposed development site could not be attributed to him; (f) even though a person had actual knowledge of a proposed change in the land use law affecting a development site, the permit issuing authority may still find that he acted in good faith if he did not proceed with his plans in a deliberate attempt to circumvent the effects of the proposed Ordinance. The permit issuing authority may find that the developer did not proceed in an attempt to undermine the proposed Ordinance if it determines that (I) at the time the expenditures were made, either there was considerable doubt about whether any Ordinance would ultimately be passed, or it was not clear that the proposed Ordinance would prohibit the intended development, and (11) the developer had legitimate business reasons for • making expenditures; and, (g) in deciding whether a Permit should be issued under this Section, the Permit issuing authority shall not be limited to either denying a Permit altogether or issuing a Permit to complete the project (or phases, sections, or stages thereof) as originally proposed or approved, Upon proper submission of plans by the applicant, the ermit issuing authority may also issue a Permit authorizing a development that is less nonconforming than the project as originally proposed or approved but that still does not comply with all the provisions of the Ordinance making the project nonconforming, 3. When it appears from the developers plan or otherwise that a project was intended to be or reasonably could be completed in phases, stages, segments, where lot configuration was shown on a plat under • consideration by the Planning Board on the date this Ordinance was adopted. 4. The permit issuing authority shall not consider any application for the Permit authorized by Subsection (2) that is submitted more than sixty (60) days after the effective date of this Ordinance. The permit issuing authority may waive this requirement for good cause shown, but in no case may it extend the application deadline beyond one (1) year. 5, The Rdministrator may determine that changes in approved plans necessary to eliminate nonconformities are sufficiently insignificant or minor so that such changes can be approved pursuant to Article 20 rather than by seeking a new Permit under this Section. 6, Nonconforming Planned Unit Developments and subdivisions for which a Sketch Plan has been reviewed by the Planning Board under the Zoning Ordinance previously in effect may 15,!5 be comDleted in accordance with the levels and tUoes of residential density specified in the approved Sketch Plan showning lot configuration. 7. The permit issuing authority shall establish expedited procedures for hearing applications for Permits under this Section so that construction work is not needlessly interrupted. Section 1509 Amortization of Nonconforming Situations. 1. Within one (1) year after the effective date of this Ordinance, any violation of Subsection 1304(3)(b) shall cease, and thereafter any situation in violation of that Subsection shall no longer be regarded as a lawful nonconforming situation. 2. Within six (6) months after the effective date of this Ordinance, any violation of Subsection 1304(3)(a), (c) and (d) shall cease, and thereafter any situation in violation of that Subsection shall no longer be regarded • as a lawful nonconforming situation. 0 15,16 ARTICLE 16 FLOODPLAIHS, DRAINAGE, STORM WRTER MANAGEMENT Part I. Floodways and Floodplains Section 1601 Definitions. Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this Section shall have the meaning indicated when used In this Article. (1) Base Flood: the flood having a one percent 0 %) chance of being equalled or exceeded in any given year. Also known as the 100-year flood. (2) Coastal High Hazard Area: the area subject to high velocity waters caused by, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone UI-3, UE or U, (3) Federal Insurance Rate Map (FIRM): an official map of a . community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (4) Flood Insurance Study: the official report provided by the Federal Emergency Management Agency, containing flood profiles, Flood Boundary Floodway map and the water surface elevation of the base flood. (S) Floodplain: any land area susceptible to being Inundated by water from the base flood. As used in this Ordinance, the term refers to that area designated as subject to flooding from the base flood (one hundred year flood) on the "Flood Boundary and Floodway Map" prepared by the U.S. Department of Housing and Urban Development and dated November 1, 1984, a copy of which is on file in the Administrator's office. This area shall comprise the Floodplain Overlay Zoning District established in Article 1, 16, 1 (6) Floodway: the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the • water surface elevation more than one (1) foot. Re used in this Ordinance, the term refers to that area designated as a floodway on the "Flood Boundary and Floodway Map" prepared by the U.S. Department of Housing and Urban Development and dated November 1, 1984, a copy of which is on file in the Rdministrator's office. This area shall comprise the Floodway Overlay Zoning District established In Rrticle 1. (7) Floor: the top surface of an enclosed area In a building (including basement), i.e., top of slab In concrete slab construction or top of wood flooring in frame construction. The term does not include the floor of a garage used solely for parking vehicles. (0) Highest Rdjacent Grade: the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure. (9) Lowest Floor: the lowest floor of the lowest enclosed area (including basement). Rn unfurnished or flood resistant enclosure, usable solely for parking vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render.the structure in violation of the applicable non -elevation design requirements of this Ordinance. (10) Public Water Supply System: any water supply system furnishing potable water to ten (10) or more dwelling units or businesses or any combination thereof. Section 1602 Rrtificial Obstructions Within Floodwags Prohibited. 1. No artificial obstruction may be located within any floodway, except as provided in Section 1603. 16.2 2. For purposes of this Section, an artificial obstruction Is any obstruction, other than a natural obstruction, that Is capable of reducing the flood carrying capacity of a stream or may accumulate debris and thereby reduce • the flood carrying capacity of a stream. A natural obstruction includes any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within the floodway by a nonhuman cause. Section 1603 Permissible Uses Within Floodways. 1. Notwithstanding Article 13 of this Ordinance (Table of Permissible Uses), no Permit to make use of land within a floodwag may be issued unless the proposed use is listed as permissible both in the Table of Permissible Uses and In the following list: (a) general farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife and related uses; (b) ground level streets, roads, loading areas, parking • areas, rotary aircraft ports, and other similar ground level area uses; (c) lawns, gardens, play areas, and other similar uses; and, (d) golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback riding trails, open space and other similar private and public recreational uses. 2. The uses listed in Subsection (1) are permissible only if and to the extent that they do not cause any increase in base flood levels, , 16, 3 • Section 1604 Construction Within Floodways and Floodplains Restricted. 1. No Zoning, Special Use or Conditional Use Permit may be issued for any development within a floodplain until the permit issuing authority has reviewed the plans for any such development to assure that: (a) the proposed development is consistent with the need to minimize flood damage; and, (b) all public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and, (c) adequate drainage is provided to minimize or reduce exposure to flood hazards; and, (d) all necessary Permits have been received from those agencies from which approval is required by federal or state law. 2. No building may be constructed and no substantial improvement of an existing building may take place within any floodway. With respect to mobile home parks that are nonconforming because they are located within a floodway, mobile homes may be relocated in such parks only if they comply with the provisions of Subsection (9). 3. No new residential building may be constructed and no substantial improvement of a residential building may take place within any floodplain unless the lowest floor (including basement) of the building or Improvement is elevated to or above the base flood level. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided. (a) residential accessory structures shall be allowed within floodplains provided they are firmly anchored to prevent flotation, designed to have low flood potential and placed on the building site $o 16.4 as to offer minimum resistance to the flow of floodwaters; (b) anchoring of any accessory buildings may be done by • bolting the building to a concrete slab or by over the top ties. When bolting to a concrete slab, one- half (1/2) inch bolts six (6) feet on center with a minimum of two (2) per side shall be required. If over the top ties are used a minimum of two (2) ties with a force adequate to secure the building Is required; and, (c) service facilities such as electrical and heating equipment shall be elevated or floodproofed. 4. No new nonresidential building may be constructed and no substantial improvements of a nonresidential building may take place within any floodplain unless the lowest floor (including basement) of the building or Improvement is elevated or floodproofed to or above the base flood level. Structures located in A -zones may be floodproofed In lieu of elevation provided that all areas of the structure below the required elevation are water tight with walls substantially impermeable to the passage of water, using structural components having the capacity of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional Engineer or Architect shall certify that standards of this Section are satisfied. 5. When base flood elevation data is not available from Federal, State or other source, the lowest floor Including basement, in Subsection (3) or (4) above, shall be elevated at least two (2) feet above the highest adjacent grade. 6. No new construction and no substantial improvements of a structure may take place within any floodplain unless fully enclosed areas below the lowest floor that are subject to flooding are designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by 16.5 a registered professional Engineer or Architect or meet or exceed the following minimum requirements: (a) a minimum of two (2) openings having a total net • area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and, (b) the bottom of all openings shall be no higher than one (1) foot above grade; and, (c) openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; and, (d) access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas. 7. For purposes of this Section, "substantial improvement" means any.repair, reconstruction,.or improvement of a building the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either (i) before the improvement or repair is started or (11) If the structure has been damaged and Is being restored, before the damage occurred, "Substantial improvement" occurs when the first alteration on any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either (1) any project for Improvement of a structure to comply with existing state or local health, sanitary or safety code specifications that are solely necessary to insure safe living conditions, or (11) any alteration of a building listed on the National 16.6 Register of Historic Places or a State Inventory of Historic Places. 8. No Zoning, Special Use or Conditional Use Permit may be • issued for any development within a floodplain until the permit issuing authority has reviewed the plans to assure that any new construction or substantial improvements shall be: (a) designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the strueture,resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy; and, (b) constructed with materials and utility equipment resistant to flood damage; and, (c) constructed by methods and practices that minimize flood damage; and, (d) constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 9. Notwithstanding any other provision of this Ordinance, no mobile home may be located or relocated within that portion of the floodplain outside of the floodwag unless the following criteria are met: (a) mobile homes are anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces; (b) lots or pads are elevated on compacted fill or by 16,7 any other method approved by the Administrator so that the lowest floor of the mobile home Is at or above the base flood level; • (c) adequate surface drainage and easy access for mobile home haulers is provided; and, (d) load -bearing foundation supports such as piers or pilings must be placed on stable soil or concrete footings no more than ten (10) feet apart, and if the support height Is greater than seventy-two (72) inches, the support must contain steel reinforcement. 10. Whenever any portion of a floodplain is filled in with fill dirt, slopes shall be adequately stabilized to withstand the erosive force of the base flood. Section 1605 Special Provisions for Coastal High Hazard Zone (U Zones). 1. Coastal High Hazard Areas (U Zones) located within the areas of special flood hazard identified by the Federal • Emergency Management Agency in its Flood Insurance Study (together with maps and other supporting data) dated November, 1984, have special flood hazards associated . with wave wash. The following provisions shall apply within such areas: (a) all buildings or structures shall be located landward to the reach of the mean high tide; (b) all buildings or structures shall be elevated so that the bottom of the lowest supporting horizontal member (excluding pilings or columns) is located to or above the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water. Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to 16.8 wash away In the event of abnormal move action and In accordance with Subsection (h) below; (c) all buildings or structures shall be securely • anchored on pilings or columns; (d) all pilings and columns and the attached structures shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components. The anchoring and support system shall be designed with wind and water loading values which equal or exceed the 100 year mean recurrence Interval (one percent (1%) annual chance flood); (e) a registered professional Engineer or Architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained In Subsections (b), (c), and (f) of this Section; (f) there shall be no fill used as structural support. Honcompacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects, or.wave deflection. The Administrator shall approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an Engineer, Architect, and/or Soil Scientist, which demonstrates that the following factors have been fully considered; (1) particle composition of fill material does not have a tendency for excessive natural compaction; (2) volume and distribution of fill will not cause wave deflection to adjacent properties; and, (3) slope of fill will not cause wave run-up or 16.9 ramping. (g) lattice work or decorative screening shall be • allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met: (1) no solid walls shall be allowed; (2) material shall consist of wood or mesh screening only; (3) design safe loading resistance of each wall shall be not less than ten (10) nor more than twenty (20) pounds per square foot; or (4) if more than twenty (20) pounds per square foot, a registered professional Engineer or Architect shall certify that the design wall collapse would result from a water load less than that which would occur during the base flood event, and the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components during the base flood event, Maximum wind and water loading values to be used in this determination shall each have one percent 0 %) change of being equalled or exceeded in any given year (100-year man recurrence interval), (h) if aesthetic lattice work or screening is utilized, such enclosed space shall not be designed to be used for human habitation, but shall be designed to be used only for parking of vehicles, building 16.10 0 access, or limited storage of maintenance equipment used in connection with the premises; (1) prior to construction, plans for any structures • that will have lattice work or decorative screening must be submitted to the Administrator for approval; (j) any alteration, repair, reconstruction or Improvement to a structure shall not enclose the space below the lowest floor except with lattice work or decorative screening, as provided for in Subsections (h) and (1) of this Section; and, (k) no mobile homes shall be permitted except in an existing mobile home park or subdivision. R replacement mobile home may be placed on a lot in an existing mobile home park or subdivision provided the anchoring standards of Section 1604(9) (a) and the elevation standards of Section 1604(9) (b) are met. Section 1606 Special Provisions for Subdivisions. 1. Rn applicant for a Special Use Permit authorizing a Major Subdivision and an applicant for Minor Subdivision Final Plat approval shall be informed by the Administrator of the use and construction restrictions contained in Sections 1602, 1603, and 1604 if any portion of the land to be subdivided lies within a floodway or floodplain. 2. Final plat approval for any subdivision containing land that lies within a floodway or floodplain may not be given unless the Plat shows the boundary of the floodway or floodplain and contains in clearly discernible print the following statement: "Use of land within a floodway or floodplain is substantially restricted by Rrticle 16 of the Currituck County Unified Development Ordinance." 3. Subject to the following sentence, a major development 16. 11 Permit for a major subdivision and Final Plat approval for anU subdivision moU not be given if: • (a) the land to be subdivided lies within a zone where residential uses are permissible and it reasonably appears that the subdivision is designed to create residential building lots; and, (b) any portion of one (1) or more of the proposed lots lies within a fioodwau or floodplain; and, (c) it reasonably appears that one (1) or more Iota described in subdivisions (a) and (b) of this Subsection could not practicably be used as a residential building site because of the restrictions set forth in Sections 1602, 1603 and 1604. The foregoing provision shall.not apply if a notice that the proposed lots are not intended for sale as residential building lots is recorded on the Final Plat, or if the developer otherwise demonstrates to the satisfaction of the authority Issuing the Permit or approving the Final Plat that the proposed lots are not intended for sale as residential building lots. Section 1607 Water Supply and Sanitary Sewer Systems in Floodways and Floodplains. 1. Whenever any portion of a proposed development is located within a floodway or floodplain, the agency or agencies responsible for certifying to the County the adequacy of the water supply and sewage disposal systems for the development (as set forth in Sections 604 and 606 of this Ordinance) shall be informed by the developer that a specified area within the development lies within a floodway or fioodplain. Thereafter, approval of the proposed system by that agency shall constitute a certification that: (a) such water supply system is designed to minimize or eliminate Infiltration of flood waters into it; 16.12 • (b) such sanitary sewer system is designed to eliminate Infiltration of flood waters Into It and discharges • from it into flood waters; and, (c) any on -site sewage disposal system is located to avoid impairment to it or contamination from it during flooding. Section 1608 Additional Duties of Administrator Related to Flood Insurance and Flood Control, 1, The Administrator shall: (a) where base flood elevation data is available: (1) verify the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures; (2) verify for all structures that have been • floodproofed (whether or not such structures contain a basement), the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and, (3) maintain a record of all such information, (b) where base flood elevation data has not been provided: (1) obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source for enforcing the requirements set forth in Part I of this Article; and, (2) verify and record the actual elevation 16. 13 constituting the highest adjacent grade, to which all new or -substantially improved structures are elevated or floodproofed. (c) notify, in riverine situations, adjacent communities and the N.C. Department of Crime Control and Public Safety prior to any alteration or relocation of a watercourse, and submit copies of such notification to the Federal Insurance Administrator; and,. (d) ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. Section 1609 Floor Elevation or Flood -proofing Certification Required. A floor elevation or flood -proofing certification is required after the lowest floor is completed, or In instances where the structure is subject to the regulations applicable to Coastal High Hazard Areas, after placement of the horizontal structural members of the lowest floor. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or flood -proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Building Inspector a certification of the elevation of the lowest floor, or flood - proofed elevation, or the elevation of the bottom of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Sold certification shall be prepared by or under the direct supervision of a registered Land Surveyor or professional Engineer and certified by some. When flood -proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional Engineer or Architect and certified by same. Any work done within the twenty-one (21) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Building Inspector shall review the 16.14 0 floor elevation survey data submitted. Deficiencies bu such review shall be corrected by the permit holder Immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a Liable Stop Work Order for the project. Section 1*610 Location of Boundaries of Floodplain and Fioodway Districts. Re used in this Article, the terms floodplain and floodway refer in the first instance to certain areas whose boundaries are determined and can be located on the ground by reference to the specific fluvial characteristics set forth in the definitions of these terms. These terms also refer to overlay Zoning Districts whose boundaries are the boundaries of the floodways and fl.00dpla.ins shown on the maps referenced in Subsections 1601(5) and (6), which boundaries are intended to correspond to the actual, physical location of floodways and fioodplains. (These overlay districts thus differ from other Zoning Districts whose boundaries are established solely according to planning or policy, rather than physical criteria.) Therefore, the Administrator is authorized to make necessary interpretations as to the exact location of the boundaries of floodways or-floodplains.if there appears to be a conflict between a mapped boundary and actual field conditions. .Such interpretations, like other decisions of the Administrator, may be Appealed to the Board of Adjustment in accordance with the applicable provisions of this Ordinance. Section 1611 Regulations Do Not Guarantee Flood Protection. The degree of flood protection required by this Ordinance is considered reasonable for regulating purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. 16.15- n Section 1612 Sstbacks from Streams Outside Designated Floodplalns, In any area that is located outside a designated floodplain but where a'stream is located, no building or fill may be located within a distance of the stream bank equal to five (5) times the width of the stream at the top of the bank or twenty (20) feet on each side, whichever is greater. 16. 16 Part II. Drainage, Erosion Control, Storm Water Management Section 1613 Natural Drainage System Utilized to Extent Feasible. 1. To the extent practicable, all development shall conform to the natural contours of the land and natural and pre- existing man-made drainage ways shall remain undisturbed. 2. To the extent practicable, lot boundaries shall be made to coincide with natural and pre-existing man-made drainage ways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainage ways. Section 1614 Developments Must Drain Properly. 1. RII developments shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the development site. Surface water shall not be regarded as unduly retained if: (a) the retention results from a technique, practice or device deliberately installed as part of an approved Sedimentation or Storm Water Runoff Control Plan; or, (b) the retention Is not substantially different in location or degree than that experienced by the development site In its pre -development stage, unless such retention presents a danger to health or safety. 2. No surface water.may be channelled or directed into a sanitary sewer. 3. Whenever practicable, the drainage system of a 16.17 0 development shall coordinate with and connect to the drainage systems or drainage ways on surrounding properties or streets. 4. Use of drainage swales rather than curb and gutter and storm sewers in subdivisions is provided for in Article 3. Private roads and access ways within unsubdivided developments shall utilize curb and gutter and storm drains to provide adequate drainage if the grade of such roads or access ways is too steep to provide drainage in another manner or If other sufficient reasons exist to require such construction. 5. Construction specifications for drainage swales, curbs and gutters, and storm drains are contained in Appendix C. Section 1615 Storm Water Management. 1. All developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such developments. More specifically: (a) no development may be constructed or maintained so that such development unreasonably impedes the natural flow of water from higher adjacent properties across such development, thereby unreasonably causing substantial damage to such higher adjacent properties; and, (b) no development may be constructed or maintained so that surface waters from such development are unreasonably collected and channelled onto lower adjacent properties at such locations or at such volumes as to cause substantial damage to such lower adjacent properties. 2. Any development that requires a CAMA Major Development Permit or a Sedimentation and Erosion Control plan shall be subject to the state stormwater runoff policies 16.18 r: 9 40 promulgated in 15 H.C.R.C. 2H Section .1000, unless exempted by those regulations. Section 1616 Sedimentation and Erosion Control. 1. Ho Zoning, Special Use, or Conditional Use Permit may be issued and Final Plat approval for subdivisions may not be given with respect to any development that mould cause land disturbing activity requiring prior approval of an Erosion and Sedimentation Control Plan by the H.C. Sedimentation Control Commission under G.S. 113R-57(4) [Mandatory Standards for Land Disturbing Activity] unless the commission has certified to the County, either that: (a) on lrosion Control Plan'has been submitted to and approved by the commission; or, (b) the commission has examined the Preliminary Plans for the development and it reasonably appears that an Erosion Control Plan can be approved upon submission by the developer of more detailed construction or design drawings. However, in this case, construction of the development may not begin (and no Building Permits may be issued) until the commission approves the Erosion Control Plan. 2. For purposes of this Section, "land disturbing activity" means any use of the land by any person in residential, Industrial, educational, institutional or commercial development, highway and road construction and maintenance that results in a change in the natural may cause or contribute to sedimentation except activities that are exempt under G.S. 113R-52(6) [Definitions]. Sedimentation occurs whenever solid particulate matter, mineral or organic, is transported by water, air, gravity, or ice from the site of its origin. 16.19 a►z-h1-e / --� 1 0 0 ARTICLE 17 SIGNS 0 Section 1701 Definitions. 1. Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this Section shall have the meaning indicated when used in this Article. (a) billboard: an off -premises sign owned by a person, corporation, or other entity that engages in the business of selling and advertising space on that sign. (b) effective date of this Article: the effective date of this Article as originally adopted, or the effective date of an amendment to it if the amendment makes a sign nonconforming. (c) freestanding sign: a sign that is attached to, erected on, or supported by some structure (such as • a pole, most, frame, or other structure) that is not itself and integral part of a building or other structure whose principal sign that stands without supporting elements such as a "sandwich sign," is also a freestanding sign; If the message is removed from a structure that was originally designed and used as a freestanding sign, this structure sholi'still be considered a sign. (d) internally illuminated signs: signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source. Without limiting the generality of the foregoing, signs that consist of or contain tubes that 0) are filled with neon or some other gas that glows when an electric current passes through It and (ii) are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other 17.1 r: 9 0 parts of the sign that contain the message, shall also be considered internally illuminated signs. (e) off -premises signs: a sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained or proved at a location other than the premises where the sign is located. A sign that draws attention to a cause or advocates or proclaims a political, religious or other non-commercial message shall also be an off - premises sign unless such sign is excluded from regulation under Section 1702 or is subject to regulation under Section 1703 (1)(a). (f) on -premises sign: a sign that draws attention to or communicates information -about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided on the premises where the sign is located. (g) main traveled roadway: the principal traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separate roadways for traffic In opposite directions is amain traveled roadway. Not included are such facilities as frontage roads, turning roads, or parking areas. (h) portable sign: a sign that rests on the ground or another surface but that is not bolted to or otherwise affixed to the ground or a permanent structure in some other substantially permanent way, (i) sign: any devise that (1) is sufficiently visible to persons not located on the lot where such devise is located to accomplish either of the objectives set forth in subdivision two of this definition, and (11) is designed to attract the attention of such persons or to communicate information to them. 17.2 0) temooraru sign: a sign that (I) Is used In connection with a circumstance, situation, or event • that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or (ii) is intended to remain on the location where it is erected or placed for a period of not more than fifteen (15) days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary. (k) value of a sign: the value listed for tax purposes of any sign so listed. If tax value is -not available, value shall mean the original cost of the sign, in the absence of information as to original cost submitted by the sign owner, the Administrator shall estimate original cost based upon the best information reasonable available, Section 1702 Signs Excluded From Regulation, 1, The following signs are exempt from regulation under this Rrticle except for those stated in Section 1715. (a) all on -premises signs; (b) signs erected by*or on behalf of or pursuant to the authorization of a governmental body, including legal notices, identification and informational signs, and traffic, directional or regulatory signs; (c) official signs of a non-commercial nature erected by public utilities; (d) flags, pennants, or insignia of any governmental or non-profit organization when not' displayed in connection with a commercial promotion or as an advertising devise; (e) displays of merchandise offered for sale or rent on 17, 3 the premises ►where displayed. Only merchandise of the type that is actually for sale or rent, and not pictorial or other representations of such • merchandise, falls within this exemption; (f) church directional signs, so long as such signs M do not exceed one (1) per abutting street, 00 are not internally illuminated, and (lil) do not exceed eight (8) square feet in area; (g) signs painted on or otherwise permanently attached to currently licensed motor vehicles that are not primarily used as signs; and, (h) , signs proclaiming religious, political, or other non-commercial messages (other than those regulated by Section 1703 (1)(a) that do not exceed one (1) per lot and thirty-two (32) square feet in area and that are not Internally illuminated. Section 1703 Certain Temporary Signs; Permit Exemptions and Additional Regulations. • 1. The following temporary off -premises sings are permitted without a Sign Permit or the payment of fees. However, such signs shall conform to the requirements set forth below as well as all other applicable requirements of this Article except those contained in Sections 1705 (Expiration of Permits), 1706 (Permit Revocation), and 1711 (Size, Spacing and other requirements for Off - Premises Signs); (a) signs erected in connection with elections or political campaigns. Such signs shall be removed with (10) days following the election or conclusion of the campaign. No such sign may exceed thirty- two (32) square feet in surface area; (b) off -premises signs indicating that a special event such as -a fair, carnival, circus, festival or similar happening is to take place on a lot other than the one where the sign is located. Such signs may be erected not sooner than thirty (30) days 17. 4 r� U :7 before the event and must be removed not later than ten (10) daUs after the event; (c) off -premises signs advertising the existence of (i) a roadside stand selling fruits.or vegetables or (ii) a farm or tract upon which are grown fruits or vegetables that may be picked or gathered by the purchase. Ho sign may exceed thirty-two (32) square feet in surface area. Such signs may not be erected more than thirty (30) days before the seasonal opening of such enterprise and shall be removed not later than thirty (30) days after the enterprise closes for the season; and, (d) temporary off -premises signs not covered in the foregoing categories, so long as such signs meet the following restrictions: (1) not more than one (1) such sign may be located on any lot; (2) no such sign may exceed six (6) square feet in surface area; and, (3) such sign may not be displayed for longer than three (3) consecutive days not more than ten (.10) days out of any 365-day period. 2. Other temporary off -premises signs not listed in Subsection (1) shall be regarded and treated in all respects as permanent signs. Section 1704 Sign Permits. 1. Except as otherwise provided in Sections 1702 (signs Excluded from Regulation) and 1703 (Certain Temporary Signs: Permit Exceptions, and Additional Regulations), no off -premises signs may be constructed erected, moved, enlarge, illuminated, or substantially altered except in accordance with a Sign Permit issued pursuant to this Section. 2. An application for a Sign Permit shall be submitted to 17.5 .the Administrator. The Administrator may require the applicant to complete a form supplied by the County and submit whatever Information, including plans and • specifications, if reasonably required by the Administrator to determine whether the proposed off - premises sign will comply with the provisions of this Article. (A Sign Permit from the Building Inspector, certifying that the sign complies with the North Carolina State Building Code, will also be needed in most every case, even when the sign, e.g., an on -premises sign, is exempt under this Ordinance. In addition, most off - premises signs will also require a Permit from the North Carolina Department of Transportation. 3. The Administrator shall issue the requested Sign Permit if he determines that the sign, if constructed, erected, moved, enlarged, illuminated, or altered in accordance with the plans submitted, will comply with the provisions of this Article. 4. The transfer of ownership of a sign for which a Permit has been lawfully issued to the original owner shall not in any way affect the validity of the Permit for that specific sign so long as the Administrator is given notice of the transfer of ownership within thirty (30) days of the actual transfer. Section 1705 Expiration of Permits.- 1. Notwithstanding Section 1703 or other provisions of this Article, Sign Permits shall expire within 180 days of the date of issuance unless within that time the work authorized by the Permit has been completed. 2. If a Sign Permit expires as provided in Subsection (1), no further work to construct, erect, move, enlarge, illuminate, or alter the sign may take place unless a new Sign Permit is obtained. The applicant shall be subject to all regulations applicable at the time a new application is submitted. 17.6 Section 1706 Permit Reuocation. 1. The Administrator may revoke any Sign Permit issued under • this Article for any of the following reasons; (a) issuance of the Permit under a mistake of material fact when, had the correct fact been known, the Permit would not have been issued; (b) misrepresentation of a material fact by the applicant for a Sign Permit. (c) failure to comply with any of the provisions .of this Article, except that a Permit for a nonconforming sign may not be revoked so long as the nonconforming situation is allowed to continue pursuant to Section 1716, 2. Before revoking a Sign Permit, the Administrator shall give the sign owner twenty (20) days notice by certified mail of his intent to revoke the Permit and shall inform such person of the reasons for the proposed revocation and of his right to obtain an informal hearing on the allegations. If the Permit is revoked, the Administrator • shall provide to the owner a written statement of the decision and the reasons therefor. The Administrator shall also inform the owner of his right to appeal the decision to the Board of Adjustment. 3. No person may continue to operate, maintain, or leave standing any sign or part or component thereof for more than ten (10) days after the Permit authorizing such sign has been revoked under this Section or has expired under Section 1705. Section 1707 Initial Permit Fees. An application for a Sign Permit shall be accompanied by an initial Permit fee in an amount specified by the Board of Commissioners. Section 1708 Determining the Number of Signs 17.7 • - 1. For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, • related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, each element shall be considered as single sign. 2. A two -side or multi -sided sign shall be regarded as one (1) sign so long as: (a) with respect to U-type signs, the two (2) sides are at no point separated by a distance that exceeds fifteen (15) feet; and, (b) with respect to double faced (back to back) signs, the distance between the backs of each face of the sign does not exceed three (3) feet. Section 1,709 Setback and Height Requirements 1. No off -premises sign or any part thereof may be located closer to a street right-of-way than a distance equal to one-half the principal building setback requirement applicable to the lot on which the sign is located. 2. Off -premises signs shall not be located within the minimum side and rear yards required by Section 204. 3. No off -premises sign may extend above any parapet or be placed upon any roof surface, except that for purposes of this Section, roof surfaces constructed at an angle be regarded as wall space. This Subsection shall not apply to displays, including lighting, erected in connection with the observation of holidays on the roofs of residential structures. 4, No off -premises sign or supporting structure may be located in or over the traveled portion of any public right-of-way. 5. No part of a freestanding off -premises sign may exceed a 17.8 height, measured from ground level, of twenty (20) feet, unless the sign Is placed lower than the road bed, under which circumstances the sign may have a height equal to . twenty (20) feet above the road bed, not to exceed twenty-five (25) feet from ground level. Section 1711 Size, Spacing, and Other Requirements for Off - Premises Signs. 1. An off -premises sign may not exceed 300 square feet in surface area. 2. 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. 3. No off -premises sign may be located on the some wall as any other off -premises sign. 4. No off -premises sign or any part thereof may be located within 1,500 feet of any part of another off -premises sign (other than temporary signs regulated under Subsection 1703 (1) or exempt signs on some side of road or highway). For purposes of determining the permissible location of an off -premises sign; (a) a sign for which a Permit authorizing initial .construction was issued prior to the Permit for the off -premises sign in question shall be regarded as existing from the date the Permit for such other sign was issued (unless such Permit has expired or been revoked); and, (b) a nonconforming sign that has been removed for the purpose of being replaced in accordance with Section 1716 (4) shall be regarded as existing, provided that the sign has not been removed for more than 180 days without application for its replacement having been made as required by Section 1716 (4)(b). 5. No off -premises sign may be located within 1,000 feet of 17.9 a pre-existing residence not owned by the owner of the land where the sign is to be located unless notarized permission in writing is given by adjacent landowners. R • residence shall be deemed pre-existing for the purposes of this Subsection if it existed (or construction of the residence had begun) before a Sign Permit authorizing initial construction of the sign was issued. Section 1712. Sign Illumination. 1. Unless otherwise prohibited by this Article, off - premises signs may be illuminated if such illumination is in accordance with is Section, h off=pPem im t1gn w1thin :15.00 feet of a pre=eXisting residence not owned by the owner of the sign may be illuminated between the hours of 12:00 midnight and 6:00 a.m., unless the impact of such lighting beyond the boundaries of the lot where the sign Is located is entirely inconsequential. R residence shall be deemed "pre-existing" for the purposes of this Subsection if it existed (or construction of the residence had begun) before a Permit was issued under the M.C. State Electrical Code authorizing the installation of the lighting. 3. Lighting directed toward an off -premises sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into a public right-of- way or residential premises. 4. No off -premises sign may contain or be illuminated by flashing or intermittent lights or lights of changing degrees of intensity, except signs indicating the time, date, weather conditions, or similar information. Section 1713 Maintenance of Signs. 1. All off -premises signs and all components thereof, including without limitation supports, braces, and anchors, shall be kept in a state of good repair. With respect to off -premises freestanding signs, components (supporting structures, backs, etc.) not bearing a 17. 10 message shall be constructed of materials that blend with the natural environment or shall be painted a neutral color to blend with the natural environment. • 2. If on off -premises sign other than a billboard advertises a business, service, commodity, accommodation attraction or other enterprise or activity that is no longer operating or being offered or conducted that sign shall be considered abandoned and shall, within thirty (30) days after such abandonment, be removed by the sign owner, owner of the property where the sign is located, or other party having control over such sign, 3. if the message portion of on off -premises sign is removed, leaving only the supporting "shell" of a sign or the supporting braces, anchors, or similar components, the owner of the sign or the owner of the property where the sign is located or other person having control over such sign shall, within thirty (30) days of the removal of the message portion of the sign, either replace the entire message portion of the sign or remove the remaining components of the sign. This Subsection shall not be construed to alter the effect of Subsection 1716 (4), which prohibits the replacement of a nonconforming sign, Nor shall this Subsection be constructed to prevent the changing of the message of a sign. 4. The area within ten (10) feet In all directions of any part of an off -premises freestanding sign shall be kept clear of all debris and all wide undergrowth more than twelve (12) inches in height, Section 1714 Unlawful Cutting of Trees or Shrubs. 1, No person may, for the purpose of increasing or enhancing the visibility of any off -premises sign, damage, trim, destroy, or remove any trees, shrubs, or other vegetation located: (a) Within the right-of-way of any public street or road, unless the work is done pursuant to the express written authorization of the North Carolina Department of Transportation. (b) On property that is not under the ownership or control of the person doing or responsible for such • work, unless the work is done pursuant to the express authorization of the person owning the property where such trees or shrubs are located. (c) In any area where such trees or shrubs are required to remain under a Permit issued under this Ordinance. Section 1715 Miscellaneous Restrictions and Prohibitions. 1. No person may cause, suffer, or permit a sign that is in conformity with the provisions of this Article on its effective date to thereafter become nonconforming. 2. No sign may be located so that it substantially interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets or private roads. 3. Signs that revolve or are animated or that utilize movement or apparent movement to attract attention of the S public are prohibited. Without limiting the foregoing, banners, streamers, animated display boards, pennants, and propellers are prohibited, but signs that only move occasionally because of wind are not prohibited if their movement (i) is not a primary design feature of the sign, and (ii) is not intended to attract attention to the sign, The restriction of this Subsection shall not apply to signs specified in Subsection 1702 (d) or (e) or to signs indicating the time, date, or weather conditions. 4. No sign may be erected so that by Its location, color, illumination, size, shape, nature or message it would tend to obstruct the view of or be confused with official traffic signs or other signs erected by governmental agencies. 5. Freestanding signs shall be adequately secured or stabilized to minimize the danger that either the sign or the supporting structure may be moved by the wind or 17.12 other forces of nature and cause injury to persons or DropertU, 0 Section 1716 Nonconforming Signs, 1. Nonconforming signs shall be governed by the provisions of this Section and not those found in Article 15. 2. Subject to the remaining restrictions of this section, nonconforming signs that were otherwise lawful on the effective date of this Section may be continued. 3. No person may engage in any activity that causes an Increase in the extent of nonconformity of a nonconforming sign. Without limiting the generality of the foregoing, no nonconforming sign may be enlarged or altered in such a manner as to aggravate the nonconforming condition. Nor may illumination be added to any nonconforming sign. 4. A nonconforming sign may be replaced on the some location so long as: (a) the size of the new sign is made to conform with the provisions of this Ordinance; and, (b) application for a Permit to erect the new sign is made within 160 days after the existing nonconforming sign is removed. 5. The message of a nonconforming sign may be changed so long as this does not create any new conformities. 6. Subject to the other provisions of this Section, nonconforming signs may be repaired and renovated so long as the cost of such work does not exceed within any twelve month period fifty (50) percent of the cost to build such sign at the time of the repair. 7. If a nonconforming off -premises sign other than a billboard advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or 17.13 conducted, that sign shall be considered abandoned and shall be removed within thirty (30) days after such abandonment by the sign owner, owner of the property where the sign is located, or other party having control over such sign, 8, if a nonconforming billboard remains blank for a continuous period of twelve (12) months, that billboard shall be deemed abandoned and shall, within thirty (30) days after such abandonment, be altered to comply with this Rrticle or be removed by the sign owner, owner of the property where the sign is located, or other person having control over such sign. For purposes of this Section, a sign is "blank" if: (a) it advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted; or, (b) the advertising message it displays becomes illegal as whole or substantial part; or, (c) the advertising copy paid for by a party other than • the sign owner or promoting an interest other than the rental of the sign has been removed. 17.14 Qae-i -c i e " / �- • 0 0 ARTICLE 18 BUILDING INSPECTIONS AND PERMITS Section 1801 Regulatory Codes Adopted By Reference. 1. The following North Carolina regulatory codes are hereby incorporated herein by reference as if set forth herein word for word: (a) North Carolina State Building Code and Amendments; (b) North Carolina State Plumbing Code and Amendments; (c) Borth Carolina State Electrical Code and Amendments; (d) North Carolina State Mechanical Code and Amendments; (e) North Carolina Uniform Residential Building Code; (f) North Carolina Regulations for Modular Homes and Modular Housing; and, (g) NFPA I. (1982 Edition). Section 1802 Inspection Procedure. 1. Foundation/Piling inspection. 2. Slab Inspection/all plumbing in slab must be tested and inspected prior to pouring concrete. 3. Rough Inspection of all plumbing, electrical and framing work. 4. Insulation Inspection. 18.1 5. Fire protection Inspection as required by code. h. A final electrical inspection house must be complete and ready for occupancy at this time. 7. Final Inspection Section 1803 Administrative, 1. A Building Permit may be purchased after: (a) septic approval has been obtained from the County Health Department; (b) a Zoning Permit has been obtained from the County Zoning Office; and, (c) plan approval. 2. Required Permits are as stated in the North Carolina State Building Code. The only structures exempt -are storage and accessory buildings 144 square feet or less that may not be used as living .space. Any plumbing 40 fixture or electrical wiring of the structure shall require a Permit. At no time may these structures be attached to a dwelling. 3. Failure to obtain the required Permit shall result in a fine equaling 25% of the cost of the Permit or no less than $25.00. 4. Anyone engaged in building as a business in Currituck County must keep a surety bond on file in the inspections office in the amount of One Thousand Dollars ($1000.00), payable to the County, (J" M- 0 6 s 8 ARTICLE 19 • ADMIHISTRATIUE MECHANISMS Part I, Planning Board, Section 1901 Appointment and Terms of Planning Board Members. 1. There shall be a Planning Board consisting of nine (9) members appointed by the Board of Commissioners, At least two (2) members shall reside in each of the County's four (4) Townships (Fruitviile, Poplar Branch, Crawford, and Moyock), and the remaining member shall be designated as an at large appointee and shall reside within the County. 2. Planning Board members shall be appointed for two (2) year staggered terms, but members may continue to serve until their successors have been appointed.,- Initially, one resident of each of the four (4) Townships and the at large member shall be appointed to two (2) year terms, • and one (1) resident of each of the four (4) Townships shall be appointed to one (1) year terms. Terms shall be on a calendar year basis (January 1 through December 31). Vacancies shall be filled by the Board of Commissioners for the unexpired terms only, 3. Members may be appointed to a maximum of:tw.o (2) successive terms, 4. Planning Board members may be removed by the Board of Commissioners at any time for failure to attend three (3) consecutive meetings or for failure to attend thirty percent (30%) or more of the meetings within any twelve (12) month period or for any other good cause related to performance of duties. Upon request of the member proposed for removal, the Board shall hold a hearing on the removal before it becomes effective. 5. If a Planning Board member changes his or her residence to a location outside the Township that such member represents or outside the County, that shall constitute a resignation from the Planning Poard, effective uoon.the. date a replacement is appointed by the Board. Section 1902 Meetings of the Planning Board. 1. The Planning Board shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with Section 2022 (Applications to be Processed Expeditiously). 2. Since the Board has only advisory authority, it need no conduct its meetings strictly in accordance with the quasi-judicial procedures set forth for the Board of Adjustment. However, it shall conduct its meetings so as to obtain necessary information and to promote the full and free exchange of ideas. 3. Minutes shall be kept of all Board proceedings. 4. All Board meetings shall be open to the public, and whenever feasible the agenda for each Board meeting shall be made available i'n advance of the meeting. 5, Whenever the Board is called upon to make recommendations concerning a Special Use Permit request, or a Minor Zoning Amendment proposal, the Planning staff shall post on or near the subject property one (1) or more notices that are sufficiently conspicuous in terms of size, location, and content to provide reasonably adequate notice to potentially interested persons of the matter that will appear on the Board's agenda at a specified date and time. Such notice(s) shall be posted at least seven (7) days prior to the meeting at which the matter is to be considered. The Planning staff shall also send written notice to adjoining property owners if and to the extent required by any regulation or requirement of the Planning Board. Section 1903 Quorum and Uoting. 1. A quorum for the Planning Board shall consist of five 19.2 (5) members. A quorum is necessary for the Board to take official action. • 2. All actions of the Planning Board shall be taken by majority vote, a quorum being present. 3. A roll call vote shall be taken upon the request of any member. Section 1904 Planning Board Officera. 1.. At its first meeting in January of each year, the Planning Board shall elect one of its members to serve as Chairman and preside over the Board's meetings and one member to serve as Uice-Chairman. The persons so designated shall serve in these capacities for terms of one (1) year, Vacancies in these offices may be filled for the unexpired terms only. 2. The Chairman and Uice-Chairman may take part in ail deliberations and vote on all issues, Section 1905 Powers and Duties of Planning Board, 1. The Planning Board may (a) make studies and recommend to the Board plans, goals and objectives relating to the growth, development and redevelopment of the County; (b) develop and recommend to the Board policies, Ordinances, administrative procedures and other means for carrying out plans in a coordinated and efficient manner; (c) make recommendations to the Board concerning proposed Special Use Permits and proposed Zoning Atlas changes; and, 19. a • 0 0 (d) perform ang other duties assigned b►J the Board.. 2. The Planning Board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this Ordinance. Section 1906 Planning Issue Advisory Committees. 1. From time to time, the Board may appoint one (1) or -more individuals to assist the Planning Board to carry out its planning responsibilities with respect to a particular subject area, By way of illustration the Board may appoint'Ndvisory Committees to consider Thoroughfare Plans, Housing Plans, Economic Development Plans, etc. 2. Members of such Advisory Committees shall sit as nonvoting members of the Planning Board when such issues are being considered and lend their talents, energies, and expertise to the Planning Board, However, all formal recommendations to the Board shall be made by.the Planning Board. 3. Nothing in this Section shall prevent the Board from establishing independent Advisory Groups, Committees, or Commissions to make recommendations on any issue directly to the Board. 19.4 Part II. Board of Adjustment • (For rules regarding Appeals and Uarlances see Article 21) Section 1907 Appointment and Terms of Board of Adjustment. 1. There shall be a Board of Adjustment consisting of five (5) regular members and two (2) alternates, all appointed by the Board of Commissioners. One (1) regular member shall reside in each of the County's four (4) Townships (Moyock, Crawford, Poplar Branch, and Fruitville ). The remaining regular member shall be designated as an at large appointee. The at large appointee and both alternates shall reside within the County. 2. Board of Adjustment regular members and alternates shall be appointed for three (3) year staggered terms, but both regular members and alternates may continue to serve until their successors.have been appointed. At the adoption of this Ordinance the Board of Commissioners • shall make appointments at their discretion to fulfill statutory requirements of three (3) year terms. Terms shall be on a calendar year basis (January 1 through December 31).Uacancies may be filled by the Board of Commissioners for the unexpired terms only. 3. Members may be appointed to a maximum of two (2) successive terms. 4. Regular Board of Adjustment members may be removed by the Board at any time for failure to attend three (3) consecutive meetings or for failure to attend thirty percent (30%) or more of the meetings within any twelve (12) month period or for any other good cause related to performance of duties. Alternate members may be removed for repeated failure to attend or participate in meetings. 5. if a regular or alternate member moves outside the County • 19.5 or outside the Township represented bu that member that shall constitute a resignation from the Board, effective • upon the date a replacement is appointed. 6. An alternate member may sit in lieu of any regular member. When so seated, alternates shall have the some powers and duties as the regular member they replace. Section 1908 meetings of the Board of Adjustment. 1. The Board of Adjustment shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with Section 2022 (Applications to be Processed Expeditiously). 2. The Board shall conduct its meetings in accordance with the quasi judicial procedures set forth herein. 3. All meetings of the Board shall be open to the public, and whenever feasible the agenda for each Board meeting • shall be made available in advance of the meeting. Section 1909 Quorum. 1. A quorum for the Board of Adjustment shall consist of four (4) members (including alternates sitting in lieu of regular members). A quorum is necessary for the Board to take official action. 2. A member who has withdrawn from the meeting without being excused as provided in Section 1910 shall be counted as present for purposes of determining whether a quorum is present. Section 1910 Uoting, 1. The concurring vote of four -fifths (4/5) of the members • 19. 6 (regular members or alternates sitting in lieu thereof) shall be necessary to reverse any order, requirement, decision, or determination of the Administrator or to • decide in favor of the applicant any matter upon which it is required to pass under any Ordinance (including the issuance of a Conditional Use Permit) or to grant any Uariance. All other actions of the Board shall be taken by majority vote, a quorum being present. 2. Once a member is physically present at a Board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with Subsection (3) or has been allowed to withdraw from the meeting in accordance with Subsection (4). 3, A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances; (a) if the member has a direct financial interest in the outcome of the matter at issue; or, (b) if the matter at issue involves the member's own official conduct; or, (c) If participation in the matter might violate the letter or spirit of a member's code of professional responsibility; or, (d) if a member has such close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest. 4. A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that meeting. 5. A motion to allow a member to be excused from voting or • 19.7 excused from the remainder of the meeting is in order only If made by or at the initiative of the member • directly affected. 6. A roll call vote shall be taken upon the request of any member. Section 1911 Board of Adjustment Officers. 1. At its first regular meeting in January of each year, the Board of Adjustment shall elect one of its regular members to serve as Chairman and preside over the Board's meetings and one regular member to serve as Uice- Chairman. The persons so designated shall serve in these capacities for terms of one (1) year. Uacancies may be filled for the unexpired terms only. 2. The Chairman or any member temporarily acting as Chairman may administer oaths to witnesses coming before the Board. 3. The Chairman and Uice-Chairman may take part in all deliberations and vote on all issues. Section 1912 Powers and Duties of Board of Adjustment. 1. The Board of Adjustment shall hear and decide: (a) Appeals from any order, decision, requirement, or Interpretation made by the Administrator, as provided Article 21; (b) applications for Conditional Use Permits, as provided in Article 20; (c) applications for Uariances, as provided in Article 21; (d) questions involving interpretations of the Zoning. 19. 8 Atlas, including disputed district boundary lines and lot lines, .as provided in Article 21; or, • (e) any other matter the Board is required to act upon by any other County Ordinance, 2. The Board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this Ordinance. 0 19.9 0 0 Part III, fldministrator. Section 1913 Administrator. 1, Primary responsibility for administering and enforcing this Ordinance may be assigned to one (1) or more individuals by the County Manager. The person or persons to whom these functions are assigned shall be referred to in this Ordinance as the "Administrator", The term "staff" or "Planning staff" is sometimes used interchangeably with the term "Administrator." 2. Any function or responsibility assigned by this Ordinance to the Administrator may be delegated by such person to another employee or agent acting under the Administrator's control or at his direction, unless such delegation is prohibited by the County Manager. 19. 10 Part IU. Board of Commissioners Section 1914 The Board of Commissioners. 1. The Board of Commissioners, in considering Special Use Permit applications, acts in a quasi judicial capacity and, accordingly, is required to observe the procedural requirements set forth herein. 2. In considering proposed changes in the text of this Ordinance or in the Zoning Atlas, the Board acts in its legislative capacity and must proceed in accordance with the requirements of Article 24. 3. In acting upon Special Use Permit requests or in considering Amendments to this Ordinance or the Zoning Atlas, the Board shall follow the quorum, voting, and other requirements as set forth in G.S. Chapter 1538 [Counties] and other provisions of law, O-e1-i eI c av 8 • ARTICLE 20 20NING, SPECIAL USE, AND CONDITIONAL USE PERMITS Section 2001 Permits Required. 1. Subject to Article 17 (Sign Permits), the use made of property may not be substantially changed, substantial clearing, grading, filling or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to one of the following Permits: (a) a Zoning Permit issued by the Administrator (letter Z in the Table of Permissible Uses); (b) a Conditional Use Permit issued by the Board of Adjustment (letter A in the Table of Permissible Uses); or, (c) a Special Use Permit issued by the Board oV Commissioners (letter C in the Table of Permissible Uses). 2. Zoning Permits, Special Use Permits, Conditional Use Permits and Sign Permits are issued under this Ordinance only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of•this Ordinance If completed as proposed, Such plans and applications as are finally approved are incorporated into any.Permit issued, and except as otherwise provided in this Article, all development shall occur strictly in accordance with such approved plans and applications. 0. Physical improvements to land to be subdivided may not be commenced except in accordance with a Special Use -Permit Issued by the Board for Major Subdivisions or after Final • 20. 1 Plat approval bU the Administrator for Minor Subdivisions (see Article 9). • 4. A Zoning Permit, Conditional Use Permit, Special Use Permit, or Sign Permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal) shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit issuing authority. Section 2002 No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled. Issuance of a Conditional Use, Special Use, or Zoning Permit authorizes the recipient to commence the activity resulting in a change in use of the land or, (subject to obtaining a Building Permit), to commence work designed to construct, erect, move, or substantially alter buildings or other • substantial structures or to make necessary improvements to a subdivision. However, except as,provided in this Article, the intended use may not be commenced, no building may be occupied, no streets may be paved, and in the case of subdivisions, no lots may be sold until all of the requirements of this Ordinance and all additional requirements imposed pursuant to the issuance of a Conditional Use or Special Use Permit have been complied with. For purposes of this Section, a lot is "sold" when title is transferred. Section 2003 Who May Submit Permit Applications. 1. Applications for Zoning, Special Use, Conditional Use, or Sign Permits or Minor Subdivision Plat approval will be accepted only from persons having the legal authority to take action in accordance with the Permit or the Minor Subdivision Plat approval. By way of illustration, in general this means that applications should be made by the owners or lessees of property, or their agents, or • 20. 2 persons who have contracted to purchase property .contingent upon their ability to acquire the necessary Permits under this Ordinance, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendeea). Agents acting as agents shall disclose the name of the principal and shall disclose the fact that they are acting as an agent in the application. 2. The Administrator may require an applicant to submit evidence of his authority to submit the application in accordance with Subsection (1) whenever there appears to be a reasonable basis for questioning this authority. Section 2004 Applications To Be Complete. 1. All applications for Zoning, Special Use, Conditional Use, or Sign Permits must be complete before the permit issuing.outhority is required to consider the application. 2. Subject to Subsection (3), an application is complete when it contains all of the information that is necessary for the permit issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this Ordinance. 3. Detailed or technical design requirements and construction specifications relating to various types of improvements (e.g. streets) are set forth in one (1) or more of the Appendices to this Ordinance. It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these Appendices, so long as the plans provide sufficient information to allow the permit issuing authority to evaluate the application in the light of the substantive requirements set forth In the text of this Ordinance. However, whenever this Ordinance requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in one (1) or more of these 0 20. 3) 40 Aaaendices, then no construction work on such element mau be commenced until detailed construction drawings have been submitted to and approved by the Administrator. Failure to observe this requirement may result in Permit revocation, denial of final subdivision plat approval, or other penalty as provided in Article 23. 4. The presumption established by this Ordinance is that all of the information set forth in Appendix A is necessary to satisfy the requirements of this Section. However, it is recognized that each development is unique, and therefore the permit issuing authority may allow less information or require more information to be submitted according to the needs of the particular case, For applications submitted to the Board of Commissioners or Board of Adjustment, the applicant may rely in the first instance on the recommendations of the Administrator as to whether more or less information than that set forth In Appendix A should be submitted. 5. The Administrator shall develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In classes of cases where a minimal amount of information is necessary to enable the Administrator to determine compliance with this Ordinance, such as applications for Zoning Permits to construct single-family houses or applications for Sign Permits, the Administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information. Section 2005 Staff Consultation Before Formal Application. 1. To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this Ordinance, pre - application consultation between the developer and the Planning staff is encouraged or required as provided in this Section. 20,4 2. Before submitting an application for a Special Use Permit • authorizing a development that consists of or contains a Major Subdivision, the developer shall submit to the Administrator a Sketch Plan of such subdivision, drawn approximately to scale (V - 100 feet), The developer shall submit the number of sketch plan copies that the Administrator deems reasonably necessary to facilitate the Sketch Plan review process as set forth in Article 9 hereof. 0 B. Following submittal of the Sketch Plan and other materials to the Administrator, the Administrator shall meet with the developer to review the Sketch Plan. The application for a Special Use Permit for a project requiring Sketch Plan review may not be submitted until after the meeting. 4. Before submitting an application for any other Permit, developers are strongly encouraged to consult with the Administrator concerning the application of this Ordinance to the proposed development. Section 2006 Staff Consultation After Application Submitted. 1. Upon receipt of a formal application for a Zoning, Special Use, or Conditional Use Permit, or Minor Plat approval, the Administrator shall review the application and confer with the applicant to ensure that he understands the Planning staff's interpretation of the applicable requirements of this Ordinance, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposes to do. 2. If the application is for a Special Use or Conditional Use Permit, the Administrator shall place the application on the agenda of the appropriate Board when the applicant indicates that the application is as complete as he Intends to make it. However, as provided in this Article, if the Administrator believes that the • 20.5 application is incomplete, he shall recommend to the appropriate Hoard that the application be denied on that • . basis, Section 2007 Zoning Permits. 1. A completed application form for a Zoning Permit shall be submitted by filing a copy of the application in the office of the Administrator. 2. The Administrator shall issue the Zoning Permit unless he finds, after reviewing the application and consulting with the applicant as provided in this Article that; (a) the requested Permit is not within his jurisdiction according to the Table of Permissible Uses; or, (b) the application Is incomplete; or, (c) if completed as proposed in the application, the development will not comply with one (1) or more requirements of this Ordinance (not including those requirements concerning which a variance has been granted or those the applicant is not required to comply with under the circumstances specified in Article 15 (Nonconforming Situations), Section 2008 Authorizing Use or Occupancy Before Completion of Development Under Zoning Permit, In cases when, because of weather conditions or other factors beyond the control of the Zoning Permit recipient (exclusive of financial hardship), it would be unreasonable to require the Zoning Permit recipient to comply with all of the requirements of this Ordinance prior to commencing the intended use of the property or occupying any buildings, the Administrator may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this Ordinance are concerned) if the permit recipient 0 2.0. 6 complies with the requirements of Section 913 to the satisfaction of the Administrator to ensure that all of the • requirements of this Ordinance will be fulfilled within a reasonable period (not to exceed six (6) months) as determined by the Administrator. Section 2009 Special Use Permits and Conditional Use Permits. 1. An application for a Conditional Use Permit shall be submitted to the Board of Adjustment by filing a copy of the application in the office of the Administrator. 2. An application for a Special Use Permit shall be submitted to the Board of Commissioners by filing a copy of the application in the office of the Administrator, 3. Subject to Subsection (4), the Board of Adjustment or the Board of Commissioners, respectively, shall issue the requested Permit unless.it concludes, based upon the information submitted at the hearing, that: (a) the requested Permit is not within its jurisdiction according to the Table of Permissible Uses; or, (b) the application is incomplete; or, (c) if completed as proposed in the application, the development will not comply with one (1) or more requirements of this Ordinance (not including those the applicant is not required to comply with under the circumstances specified in Article 15 (Nonconforming Situations). 4. Even If the permit issuing Board finds that the application complies with all other provisions of this Ordinance, it may still deny the Permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not: (a) will materially endanger the public health or 0 20,7 safetU; or, • (b) will substantially injure the value of adjoining or abutting property; or,- (c) will not be in harmony with the particular neighborhood or area in which it is to be located (even though the proposed use and surrounding uses are generally permissible in the some district and therefore usually compatible); or, (d) will not be in general conformity with the Land Use Plan, Thoroughfare Plan, or other Plan officially adopted by the Board. Section 2010 Burden of Presenting Evidence; Burden of Persuasion. 1. The burden of presenting a complete application (as described in this Article) to the permit issuing Board • shall be upon the applicant. However, unless the Board informs the applicant at the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application (either at that meeting or at a continuation hearing), the application shall be presumed to be complete. The presumption herein created shall not preclude the Administrator or any Board from re-evaluating any application based upon inadequacies revealed at a later date. 2. Once a completed application has been submitted, the burden of presenting evidence to the permit issuing Board sufficient to lead it to conclude that the application should be denied for any reasons stated in this Article shall be upon the party or parties urging this position, unless the information presented by the applicant in his application and at the public hearing is sufficient to justify a reasonable conclusion that a reason exists to so deny the application. However, nothing herein shall require the Board to approve any application unless the some shall be in the best Interests of the County. 20.8 3. The burden of persuasion on the issue of whethet- the idevelopment, if completed as proposed, will comply with the requirements of this Ordinance remains at all times on the applicant. The burden of persuasion on the issue of whether the application should be turned down for any of the reasons set forth in this Article rests on the party or parties urging that the requested Permit should be denied. Section 2011 Recommendations on Conditional Use Permit Applications. 1. When presented to the Board of Adjustment at the hearing, the application for a Conditional Use Permit shall be accompanied by a report setting forth the Planning staff's proposed findings concerning the application's compliance with this Article (Application To Be Complete) and the.other requirements of this Ordinance, as well as any staff recommendations for additional requirements to be imposed by the Board of Adjustment. 2. If the staff proposes a finding or conclusion that the application fails to comply with this Article or any other requirement of this Ordinance, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions. 3. The Board of Adjustment may, by general rule applicable to all cases or any class of cases, or on a case by case basis, refer applications to the Planning Board to obtain Its recommendations. Section 2012 Recommendations on Special Use Permits. 1. Before being presented to the Board, an application for a Special Use Permit shall be referred to the Planning Board for action in accordance with this Section, The 0 20.9 Board mag not hold a public hearing on a Svecial Use Permit application until the Planning Board has had an • opportunity to consider the application pursuant to standard agenda procedures. The Planning Board shall have sixty (60) days from the date of its first hearing by the Planning Board to forward its recommendation to the Board of Commissioners. Failure to transmit their recommendation within the allotted time shall have the some effect as a recommendation for approval. In addition, at the request of the Planning Board, the Board may continue the public hearing to allow the Planning Board more time to consider or reconsider the application. 2. When presented to the Planning Board, the application shall be accompanied by a written report setting forth the Administrator's proposed findings concerning the application's compliance with this Article and other requirements of this Ordinance, as well as any staff recommendations for additional requirements to be imposed by the Board. If the staff report proposes a finding or conclusion that the application fails to comply with • Section 2004 or any other requirement of this Ordinance, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions. For purposes of this Section, the term staff includes the Departments and Agencies to which the application is referred for comment. 3. The Planning Board shall consider the application and the attached staff report in a timely fashion, and may, in its discretion, hear from the applicant or members of the public. 4. After reviewing the application, the Planning Board shall report to the Board whether it concurs in whole or in part with the staff's proposed findings and conditions, and to the extent there are differences the Planning Board shall propose its own recommendations and the reasons therefor. 5. In response to the Planning Board's recommendations, the 20.10 applicant may modify his application prior to submission to.the Board, and the staff• may likewise revise its recommendations, Section 2013 Board Action on Special Use Permits. 1. In considering whether to approve an application for a Special Use Permit, the Board of Commissioners shall proceed according to the following format: (a) the Board shall consider whether the application is complete. If no member moves that the application be found incomplete (specifying either the particular type of information lacking or the particular requirement with respect to which the application is incomplete) then this shall be taken as an affirmative finding by the Board that the application is complete; (b) the Board shall consider whether the application • complies with all of the applicable requirements of this Board. If a motion to this effect passes, the Board need not make further findings concerning such requirements. If such a motion fails or is not made then a motion shall be made that the application be found not in compliance with one or more of the requirements of this Ordinance, Such a motion shall specify the particular requirements the application fails to meet. Separate votes may be taken with respect to each requirement not met by the application. It shall be conclusively presumed that the application complies with all requirements not found by the Board to be unsatisfied through this process; and, (c) if the Board concludes that the application fails to comply with one (1) or more requirements of this Ordinance, the application concludes that all such requirements are met, it shall issue the Permit unless it adopts a motion to deny the application for one (1) or more of the reasons set forth within • 20,11 this Article. Such a motion shall propose specific findings, based upon the evidence submitted, • justifying such a conclusion. Section 2014 Board of Adjustment Action on Conditional Use Permits. 1. In considering whether to approve an application for a Conditional Use Permit, the Board of Adjustment shall proceed in the acme manner as the Board of Commissioners when considering Special Use Permit applications, except that the format of the Board of Adjustment's proceedings will differ as a result -of the four -fifths (4/5) voting requirement. (a) The Board shall consider whether the application is complete. If the Board concludes that the application is incomplete and the applicant refuses to provide the necessary information, the application shall be denied, A motion to this • effect shall specify either the particular type of information lacking or the particular requirement with respect to which the application is Incomplete, A concurred vote by two (2) members of the Board, shall constitute the Board's finding on this issue. If a motion to this effect is not made and concurred in by at least two (2) members, this shall be taken as an affirmative finding by the Board that the application is complete. (b) The Board shall consider whether the application complies with all of the applicable requirements of this Ordinance. If a motion to this effect passes by the necessary four -fifths (4/5) vote, the Board need not make further findings concerning such requirements, If such a motion fails to receive the necessary four -fifths (4/5) vote or is not made, then a motion shall be made that the application be found not in compliance with one (1) or more requirements of this Ordinance, Such a motion shall specify the particular requirements 20.12 the application fails to meet. A separate vote may be taken with respect to each requirement not met by the application, and the vote of the number of members equal to more than one -fifth (1/5) of the Board membership (excluding vacant seats) in favor of such a motion shall be sufficient to constitute such motion a finding of the Board. It shall be conclusively presumed that the application complies with all requirements not found by the Board to be unsatisfied through this process. If the Board concludes that the application fails to meet one (1) or more of the requirements of this Ordinance, the application shall be denied. (c) If the Board concludes that all such requirements are met, it shall issue the Permit unless it adopts a motion to deny the application for one (1) or more of the reasons set forth in Section 2009. Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion, Since such a motion is not in favor of the applicant, it is carried by a simple majority vote. Section 2015 Additional Requirements on Special Use and Conditional Use Permits. 1. Subject to Subsection (2), in granting a Conditional or Special Use Permit, the Board of Adjustment or Board of Commissioners, respectively, may attach to the Permit such reasonable requirements in addition to those specified in this Ordinance as will ensure that the development in its proposed location: (a) will not endanger the public health or safety; (b) will not injure the value of adjoining or abutting property; (c) will be in harmony with the area in which it is located; and, • 20. 13 W . will be in conformity with the Land Use Plan, • Thoroughfare Plan, or other plan officially adopted by the Board. 2. The permit issuing Board may not attach additional conditions that modify or alter the specific requirements set forth in this Ordinance unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements. 3. The Board may attach to a Permit a condition limiting the Permit to a specified duration. 4. All additional conditions or requirements shall be entered on the Permit. 5. All additional conditions or requirements authorized by this Section are enforceable in the some manner and to the some extent as any other applicable requirement of this Ordinance. • 6. A vote may be taken on application conditions or requirements before consideration of whether the Permit should be denied for any of the reasons set forth in this Article. Section 2016 Authorizing Use, Occupancy, or Sale Before Completion of Development Under Special Use of Conditional Use Permits. 1. In cases when, because of weather conditions or other factors beyond the control of the Special Use or Conditional Use Permit recipient (exclusive of financial hardship) it would be unreasonable to require the Permit recipient to comply with all of the requirements of this Ordinance.before commencing the intended use of the property or occupying any buildings or selling lots in a subdivision, the permit issuing Board may authorize the commencement of the intended use or the occupancy of buildings or the sale of subdivision lots {insofar as the • 20 -14 requirements of this Ordinance are concerned) if the Spermit recipient conditions of Section 913 in a manner satisfactory to the Board to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed six (6) months). 2. When the Board imposes additional requirements upon the permit recipient in accordance with this Article or when the developer proposes in the plans submitted to install amenities beyond those required by this Ordinance, the Board may authorize the permittee to commence the intended use of the property or to occupy any building or to sell any subdivision lots before the additional requirements are fulfilled or the amenities installed if it specifies a date by which or a schedule according to which such requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of any one (1) or more of the following: (a) the permit Oecipient complies with the conditions of Section 913 in a manner satisfactory to the Board; (b) a condition is imposed establishing an automatic expiration date on the Permit, thereby ensuring that the permit recipient's compliance will be reviewed when application for renewal is made; or, (c) the nature of the requirements or amenities is such that sufficient assurance of compliance is given as contained in Article 9, Section 2017 Completing Developments in Phases. 1. If a development is constructed in phases or stages in accordance with this Section, then, subject to Subsection (3), the provisions of Section 2002 and Section 2016 shall apply to each phase as if it were the entire development, 20.15 2. -Rs a prerequisite to taking advantage of the provisions of Subsection (1), the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this Ordinance that will be satisfied with respect to each phase or stage. 3. If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of one (1) or more phases or stages of the entire development, Once a schedule has been approved and made part of the Permit by the permit issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of -the Permit, provided that: (a) if the improvement is one required by this Ordinance then the developer may utilize the provisions of Section 2016; and, (b) if the improvement is an amenity not required by this Ordinance or is provided In response to a condition imposed by the Board, then the developer may utilize the provisions of Section 2016(2). Section 2016 Expiration of Permits. 1. Zoning, Special Use, Conditional Use Permits shall expire automatically if, within one (1) year after the issuance of such Permits: (a) the use authorized by such Permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or, 20.16 (b) less than fire percent (5%) of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such Permits has been completed on the site. With respect to phased development (see Section 2017), this requirement shall apply only to the first phase. 2. If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one (1) year, then the Permit authorizing such work shall immediately expire, however, expiration of the Permit shall not affect the provisions of Section 2019. 3. The permit issuing authority may extend for a period up to one (1) year the date when a Permit would otherwise expire pursuant to Subsections (a) or (b) if it concludes that (1) the Permit has not yet expired, (11) the Permit recipient has proceeded with due diligence and in good faith, and (iii) conditions have not changed so Is substantially as to warrant a new application. Successive extensions may be granted for periods up to one (1) year a upon the some findings. All such extensions may be granted without resort to the formal processes and fees required for a new Permit. 4. For purposes of this Section, the Permit within the jurisdiction of the Board of Commissioners or the Board of Adjustment is issued when such Board votes to approve the application and issue the Permit. A Permit within the jurisdiction of the Administrator is issued when the earlier of the -following takes place: (a) a copy of the fully executed Permit is delivered to the permit recipient, and delivery is accomplished when the Permit is hand delivered or mailed to the permit applicant; or, (b) The Administrator notifies the permit applicant that the application has been approved and that all that remains before a fully executed Permit can be 20.117 delivered is for the applicant to take certain specified actions, such as having the Permit executed by the property owner so it can be recorded if required under Section 2019(2). 5. This Section shall be applicable to Permits issued prior to the date this Section becomes effective. Section 2019 Effect of Permit on Successors and Assigns. 1. Zoning, Special Use, Conditional Use and Sign Permits authorize the permittee to make use of land and structures in a particular way. Such Permits are transferable. However, so long as the land or structures or any portion thereof covered under a Permit continues to be used for the purposes for which the Permit was granted, then; (a) no person (including successors or assigns of the • person who obtained the Permit) may make use of the land or structures covered under such Permit for the purposes authorized in the Permit except in accordance with all the terms and requirements of that Permit; and, (b) the terms and requirements of the Permit apply to and restrict the use of land or structures covered under the Permit, not only with respect to all persons having any interest in the property at the. time the Permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use It for or in connection with purposes other than those for which the Permit was originally issued, so long as the persons who subsequently obtain an interest in the property had.actual or record notice (as provided in Subsection (2)) of the existence of the Permit at the time they acquired their interest. 2. Whenever a Special Use or Conditional Use Permit is 20.18 issued to authorize development (other than single-family is or two-family residences) on a tract of land in excess of five (S) acres, nothing authorized by the Permit may be done until the record owner of the property signs a written acknowledgement that the Permit has been issued so that the Permit may be recorded in the Currituck County Registry and indexed under the record owner's name as grantor. Section 2020 Amendments to and Modifications of Permits. 1. Minor changes from the Permit (including approved plans) issued by the Board of Commissioners, the Board of Adjustment, or the Administrator are permissible and the Administrator may authorize such minor changes. A change is minor if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. Examples of minor changes are reduction in density, increase of open space, slight lot.line realignments, slight relocation of streets, etc. This is not intended to be an all- inclusive list. 2. Major design-m-od.ifications or changes in Permits (including'approved•plans) are permissible with the approval of the permit issuing authority. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this Section, major design modifications or changes are those that have substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. Examples of major changes are increase In density, decrease of open space, major shifting of lot lines, major shifting of streets, etc. This is not intended to be an all-inclusive list. 3. All other requests for changes in approved plans will be processed as new applications, If such requests are required to be acted upon by the Board of Commissioners or Board of Adjustment, new conditions may be Imposed in 20.19 accordance with Section 2015, but the applicant retains • the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued Permit. 4. The Administrator shall determine whether amendments to and modifications of Permits fall within the categories set forth above in Subsections (1), (2), and (3). For purposes of this Section, changes in phasing plans shall be treated like other Permit modifications. 5. A developer requesting approval of changes shall submit a written request for such approval to the Administrator, which request shall identify the changes. Approval of all changes must be given in writing. Section 2021 Reconsideration of Board Action. 1. Whenever (i) the Board of Commissioners disapproves a Special Use Permit application, or (ii) the Board of Adjustment disapproves an application for a Conditional Use Permit or a Variance, on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective Board at a later time unless the applicant clearly demonstrates that: (a) circumstances affecting the property that is the subject of the application have substantially changed; or, (b) new information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the Administrator within the time period for an appeal to Superior Court (see Article 23). However, such a request does not extend the period within which an appeal must be taken. 2. The Board of Commissioners or Board of Adjustment may at 20. 20 • any time consider a new application affecting the some property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered, Section 2022 Applications to be Processed Expeditiously. Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the County shall make every reasonable effort to process appeals and Permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this Ordinance, Section 2023 Maintenance of Common Areas, Improvements, and Facilities. The recipient of any Zoning, Special Use, Conditional Use, or Sign Permit, or his successor, shall be responsible for maintaining all common areas, improvements or facilities• required by this Ordinance or any Permit issued in accordance with its provisions, except those areas, improvements or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed. 20.21 • ARTICLE 21 APPEALS, UARIANCES, INTERPRETATIONS Section 2101 Appeals. 1. An appeal from any final order or decision of the Administrator may be taken to the Board of Adjustment by any person aggrieved. An appeal is taken by filing with the Administrator and the Board of Adjustment a written notice of appeal specifying the grounds therefor. A notice of appeal shall be considered filed with the Administrator and the Board of Adjustment when delivered to the office of the Administrator, and the date and time of filing shall be entered on the notice by the staff. 2. An appeal must be taken within ten (10) days after the date of the decision or order appealed from, 3. Whenever an appeal is filed, the Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record relating to the action appealed from, 4. An appeal stays all actions by the Administrator seeking enforcement of or compliance with the order or decision appealed from, unless the Administrator sends a written notice to the Chairman of the Board of Adjustments setting forth detailed reasons, which written notice shall constitute the certificate requirement of N.C,G,S. 1538-345(b) that a stay would, in his opinion, cause Imminent peril to life or property, If, after the Administrator has sent the written notice to the chairman of the Board of Adjustments and has allowed the violator a.reasonable opportunity to comply with the Ordinance, the violation persists and there is imminent peril to life or property, the Administrator may immediately seek injunctive relief from the courts. In that case, proceedings shall not be stayed except by order of the Board of Adjustment or a court, Issued on application of • 21.i the oartg seeking the stag, for due cause shown, after .notice t9 the Pd,minldtrater. 5, The Board of Adjustment may reverse or affirm (wholly or partly) or may modify the order, requirement or decision or determination appealed from and shall make any order, requirement, decision or determination that in its opinion should be made in the case before it. To this end, the Board shall have all the powers of the officer from whom the appeal is taken. In reversing or modifying the order, requirement, decision, or determination of the Administrator, the Board of Adjustment shall make detailed written findings of fact and conclusions arising from the facts which explain and justify the decision, which written findings and conclusions shall be incorporated into the minutes of the meeting. Section 2102 Uariances. 1, An application for a variance shall be submitted to the Board of Adjustment by filing a copy of the application in the office of the Administrator. Applications shall be handled in the some manner as applications for Conditional Use Permits. 2. A variance may be granted by the Board of Adjustment if.... it concludes that strict enforcement of the Ordinance would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of the Ordinance will be observed, public safety and welfare secured, and substantial justice done. It may reach these conclusions if it makes detailed written findings that; (a) if the applicant complies strictly with the provisions of the Ordinance, he can make no reasonable use of his property; (b) the hardship of which the applicant complains is 0 21.2 one suffered by the applicant rather'than-by ..neighbors or the general public; (c) the hardship relates to the applicant's land, rather than personal circumstances; (d) the hardship is unique, or nearly so, rather than one shared by many surrounding properties; (e) the hardship is not the result of the applicant's own actions; and, (f) the variance will neither result in the extension of a nonconforming situation in violation of Article 15 nor authorize the initiation of a nonconforming use of land. 3. In granting variances, the Board of Adjustment may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties. In granting a_Uariance the Board of Adjustment shall maize detailed written findings of fact and conclusions arising from the facts which explain and justify the decision, which written findings and conclusions shall be incorporated into the minutes of the meeting. 4. A variance may be issued for.an indefinite duration or for a specified duration only. However, the variance from the terms of the Ordinance shall continue, last or exist for so long as the principal structure or use shall remain habitable. Uariances concerning signs shall exist and remain effective for no more than three (3) years. 5. The nature of the variance and any conditions attached to it shall be entered on the face of the Zoning Permit, or the Zoning Permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the some manner as any other applicable requirement of this Ordinance. • 21 .3 Section 2103 Uariances From Floodciain or Floodway Requirements. 1,­.ln addition to the other requirements of Section 2102, a variance from any of the requirements set forth in Article 16, Part I may be granted by the Board of Adjustment only if it finds that: (a) the variance is the minimum necessary to afford relief, considering the flood hazard; and, (b) the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud or victimization of the public, or conflict with existing local laws or Ordinances. 2. Any applicant to whom a variance from the requirements set forth in Article 16, Part I is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure Is to be built and a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Such notification shall be maintained with a record of all variance actions. 3. The Administrator shall, for actions and variances involving.the requirements set forth in Article 16, Part 1, maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. 4, Variances may be Issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in this Section. 21 . 4 Section 2104 Interpretations. • 1. The Board of Adjustment is authorized to interpret the Zoning Atlas and to pass upon disputed questions of lot lines or district boundary lines and similar questions, If such questions arise in the context of an appeal from a decision of the Administrator, they shall be handled as provided in Section 2101. 2. An application for a Atlas interpretation shall be submitted to the Board of Adjustment by filing a copy of the application in the office of the Administrator. The application shall contain sufficient information to enable the Board to make the necessary interpretation. 3. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Atlas the following rules shall apply: (a) boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams, or railroads shall be construed to follow such centerlines; (b) boundaries indicated as approximately following lot lines, city limits or extraterritorial boundary lines, shall be construed as following such lines, limits or boundaries; (c) boundaries indicated as approximately parallel to the centerlines of streets or other rights -of -way shall be construed as being parallel thereto and at such distance therefrom or as indicated on the Zoning Atlas; (d) boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as following such shorelines; (e) where a district boundary divides a lot or where distances.are not specifically indicated on the Official Zoning Atlas, the boundary shall be • 21,j determined bg measurement, using the scale of the Official Zoning Atlas (see Section 121, Lots • Divided by District Lines); and, M where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. 4. Interpretations of the location of floodway and floodplain boundary lines may be made by the Administrator as provided in Article 16. Section 2105 Requests to be Heard Expeditiously. The Board of Adjustment shall hear and decide all appeals, variance requests, and requests for Interpretations as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with Article 22, and obtain the necessary information to make sound decisions. Section 2106 Burden of Proof in Appeals and Variances, 1. When an appeal is taken to the Board of Adjustment in accordance with Section 2101, the Administrator shall have the initial burden of presenting to the Board sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion. 2. The burden of presenting evidence sufficient to allow the Board of Adjustment to reach the conclusions set forth in Section 2102(2), as well as the burden of persuasion on those issues, remains with the applicant seeking the variance. 21.6 Section 210? Board Action on Appeals and Uariances, 1. With respect to appeals, a motion to reverse, affirm, or modify the order, requirement, decision, or determination appealed from shall include a statement of the specific reasons or findings of facts that support the motion, If a motion to reverse or modify is not made or fails to receive the four -fifths (4/5) vote necessary for adoption, ti-ien a motion to uphold the decision appealed from shall be in order. This motion is adopted as the Board's decision if supported by more than one member O ,e. regular member or alternate sitting in lieu thereof). 2. Before granting a variance, the Board must take a separate vote and vote affirmatively (by a 4/5 majority) on each of the six (6) required findings stated in Section 2102Q). A motion to make an affirmative finding on each of the requirements set forth in Subsection 2102(2) shall include a statement of the specific reasons or findings of fact supporting such motion. In granting a variance the Board shall make detailed written affirmative findings for each of the requirements set • forth in Subsection 2102 (5) which written findings shall be incorporcted into the minutes of the meeting during which the variance was granted. 3. A motion to deny a variance may be made on the basis that any one or more of the six criteria set forth in Section 2102(b) are not satisfied or that the application is incomplete, Such a motion shall include a statement of the specific reasons or findings of fact that support it. This motion is adopted as the Board's decision if supported by more than one member (one regular member or alternate sitting In lieu thereof). 4. Each decision of the Board is considered a final decision when the decision has been typed by the office of the Administrator and signed by the Administrator, his staff, or designee. 0 21,i S ARTICLE 22 HEARING PROCEDURES FOR APPEALS AND RPPLICRTIONS Section 2201 Hearing Required on Appeals and Applications. 1. Before making a decision on an appeal or an application for a variance, Special Use Permit, or Conditional Use Permit, or Zoning Permit or a petition from the Administrator to revoke a Special Use Permit or Conditional Use Permit, or Zoning Permit the Board of . Adjustment or the Board of Commissioners, as the case may be, shall hold a hearing on the appeal or application. 2. Subject to Subsection (3), the hearing shall be open to the public and all persons Interested in the outcome of the appeal or application shall be given an opportunity to present evidence and.arguments and ask questions of persons who testify: 3. The Board of Adjustment or Board of Commissioners may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross examination of witnesses so that the matter at issue may be heard and decided without undue delay. 4. The hearing Board may continue the hearing until a subsequent meeting and may'keep the hearing open to take additional information up to the point a final decision is made, No further notice of a continued hearing need be published unless a period of eight (8) weeks or more elapses between hearing dates. Section 2202 Notice of Hearing. 1. The Administrator shall give notice of any hearing required by Section 2201 as follows: (a) notice shall be given to the appellant or applicant 22.1 and any other person who make, a ►vritten request for such notice by mailing to such persons a • written notice not later than ten (10) days before the hearing; (b) notice shall be given to neighboring property owners by mailing a written notice not later than ten (10) days before the hearing to those persons who.have listed for taxation real property any portion of which is located within 150 feet of the lot that is the subject of the application or appeal; (c) in the case of Conditional and Special Use Permits, notice shall be given to other potentially interested persons by publishing a notice in a newspaper having general circulation in the area one time not less than ten (10) nor more than twenty-five (25) days prior to the date fixed for the hearing; and, (d) the notice required by this Section shall state the date, time and place of the hearing, reasonably identify the lot that is the subject of the application or appeal, and give a brief description of the action requested or proposed, Sectlon:2203 Evidence, 1. The provisions of this Section apply to all hearings for which a notice is required by Section 2201. 2, All persons who intend to present evidence to the Permit issuing Board, rather than arguments only, shall be sworn. 3. All findings and conclusions necessary to the issuance or denial ofthe requested Permit or appeal (crucial findings) shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) shall be preferred whenever reasonably available, but in no case may crucial findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in'question appears to be particularly reliable, and the matter at Issue is not seriously disputed. Section 2204 Modification of Application at Hearing. 1. In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the Board of Commissioners or Board of Adjustment, the applicant may agree to modify his application, including the plans and specifications submitted. 2. Unless such modifications are so substantial or extensive that the Board cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the Board may approve the application with the stipulation that the Permit will not be issued until plans reflecting the agreed upon changes are submitted to the Planning staff. 0 Section 2205 Record. 1. A tape recording shall be made of all hearings required by Section 2201, and such recordings shall be kept for at least two (2) years, Accurate minutes shall also be kept of all such proceedings, but a transcript need not be made. 2. Whenever practicable, all documentary evidence.presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the county for at least two (2) years. Section 2206 Written Decision. 1. Any decision made by the Board of Adjustment or Board -of 0 22. s 2, 0 Commissioners regarding an appeal or variance or issuance or revocation of a Conditional Use Permit or Special Use Permit shall be reduced to writing and mailed by.. certified mail return receipt requested to the applicant or appellant and all other persons who make a written request for a copy. In addition to a statement of the Board's ultimate disposition of the case and any other information deemed appropriate, the written decision shall state the Board's findings and conclusions, as well as supporting reasons or facts, whenever this Ordinance requires the some as a prerequisite to taking action. 22.4 I • 0 • RRTICLE 23 ENFORCEMENT AND REUIEW Section 2301 Complaints Regarding Uiolations, Whenever the Administrator receives a written, signed complaint alleging a violation of this Ordinance, he shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken. Section 2302 Persons Liable. The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor,..agent or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Ordinance may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided. Section 2303 Procedures Upon Discovery of Uiolations, 1. If the Administrator finds that any prolusion of this Ordinance is being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, Additional written notices may be sent at the Administrator's discretion, 2. The final written notice (and the initial written notice may be the final notice) shall state what action the Administrator intends to take if the violation'is not corrected and shall advise that the Administrator's decision or order may be appealed to the Board of Adjustment in accordance with Section 2101. 23. 1 3. In cases when delaw would seriouslU threaten the effective enforcement of this Ordinance or pose a danger • to the public health, safety, or welfare, the Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 2304. Section 2304 Penalties and Remedies for Violations. 1. Violations of the provisions of this Ordinance or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or Special Use or Conditional Use Permits, shall constitute a misdemeanor, punishable by a fine of up to fifty (50) dollars or a maximum thirty (30) days imprisonment as provided in G.S. 14-4. 2. Any act constituting a violation of the provisions of this Ordinance or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or Special Use or Conditional Use Permits, shall also subject the offender to a civil penalty of twenty-five (25) dollars. If the offender fails to pay this penalty within ten (10) days after being cited for a violation, the penalty may be recovered by the county in a civil action in -the nature of debt. A civil penalty may not be appealed to the Board of Adjustment if the offender was sent a final notice of violation in accordance with Section 2303 and did not take an appeal to the Board of Adjustment within the prescribed time. 3. This Ordinance may also be enforced by any appropriate equitable action. 4. Each day that any violation continues after notification by the Administrator that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this Section. 5. Any one, all, or any combination of the foregoing • 23.2 0 penaities'and remedies may be used to enforce this Ordinance. Section 2305 Permit Revocation. 1. A Zoning, Special Use, or Conditional Use Permit may be revoked by the permit issuing authority (in accordance with the provisions of this Section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this Ordinance, or any additional requirements lawfully imposed by the permit issuing Board, 2. Before o Conditional Use or Special Use Permit may be revoked, all of the notice and hearing and other requirements of Article 22 shall be compiled with. The notice shall inform the permit recipient of the alleged grounds for the revocation: (a) the burden of presenting evidence sufficient to authorize the permit issuing authority to conclude that a Permit should be revoked for any of the reasons set forth in Subsection (1) shall be upon the party advocating that position. The burden of persuasion shall also be upon that party; and, (b) a motion to revoke a Permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion. 3. Before a Zoning Permit may be revoked, the Administrator shall give the permit recipient ten (10) days notice of intent to revoke the Permit and shall inform the recipient of the alleged reasons for the revocation and of hia right to obtain an informal hearing on the allegations. If the Permit is revoked, the Administrator shall provide to the permittee a written statement of the decision and the reasons therefor. 4. No person may continue to make use of land or buildings .. 23. in the manner authorized bu anU Zoning, Special Use or Conditional Use Permit after such Permit has been revoked • in accordance with this Section. Section 2306 Judicial Review, 1, Every decision of the Board of Commissioners granting or denying a Special Use Permit and every final decision of the Board of Adjustment shall be subject to review by the Superior Court of Currituck County by proceedings in the nature of Certiorari. 2. The petition for the Writ of Certiorari must be filed with the Currituck County Clerk of Court within thirty (30) days after the later of the following occurrences; (a) a written copy of the Board's decision has been filed in the office of the Administrator; and (b) a -written copy of the Board's decision has been delivered, by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case, 3. A copy of the petition for Writ of Certiorari shall be served upon Currituck County, 16 23.4 a2ficir ate/ 8 0 ARTICLE 24 AMENDMENTS Section 2401 Amendments in General, 1. Amendments to the text of this Ordinance or to the Zoning Atlas (Map) may be made in accordance with the provisions of this Article. 2. The term "Major Rtlas Amendment" shall refer to an amendment that addresses the zoning district classification of five (5) or more tracts of land in separate ownership or any parcel of land (regardless of the number of lots or owners) In excess of fifty (50) acres. All other amendments to the zoning district map shall be referred to as "Minor Atlas Amendments," • Section 2402 Initiation of Rmendments. 1. An amendment to the text of this Ordinance or to the Zoning Was may be Initiated by the Board of Commissioners, the Planning Board, the Administrator, or any other interested person, 2. Any petition for rezoning property must be signed by the petitioner, who shall indicate the capacity in which he filed the petition. In the event the party filing the petition is someone filing the some on behalf of the owner, such party shall attach his authority to execute said petition on behalf of the owner to the petition. 3. Notice of the Planning Board's consideration of a proposed Minor Atlas Amendment shall be sent to the owner of the property to be rezoned and to adjoining property owners as provided in Section 2404. 4. Unless the Board of Commissioners find that there have • . 24. 1 been substantial changes in conditions or circumstances bearing on the application, the countU shall not accept • for consideration a petition for a text or atlas amendment if; 0 (a) within one (1) year prior to the date the petition is submitted,. the Board of Commissioners has denied a previous rezoning request for the some property or has approved a rezoning to a more restrictive classification than requested, or the applicant has withdrawn a previous request after consideration of such request by the Planning Board; or, (b) within one (1) year prior to the date the petition is submitted, the Board of Commissioners has denied a substantially similar request for a text amendment. 5. No property will be accepted for a rezoning request within any Zoning District unless and until an appropriate certification from the County Health Department has been obtained and submitted along with the application for rezoning. Section 2403 Planning Board Consideration of Proposed Rmendments. 1. Every proposed map or text amendment shall be referred to the Planning Board for its consideration. 2. The Planning Board shall endeavor to review the proposed amendment in such a timely fashion that any recommendations it may have can be presented to the Board at the public hearing on the amendment. However, if the Planning Board is not prepared to make recommendations at the public hearing, it may request the Board to delay final action on the amendment until such time as the Planning Board can present its recommendations. 3. The Board of Commissioners may not take final action approving a proposed amendment until it has received the recommendation of the Planning Board or until sixty days • 24.2 (60) have passed since the proposal was referred to the Planning Board, whichever occurs first. However, the • Board of Commissioners are not bound by the recommendations, if any, of the Planning Board, Section 2404 Hearing Required; Notice. 1. No Ordinance that amends any of the provisions of this Ordinance (including the Zoning Atlas) may be adopted until a public hearing has been held on such Ordinance. 2. The Administrator shall publish a notice of the public hearing on any Ordinance that amends the provisions of this Ordinance (including the Zoning Atlas) once a week for two (2) successive weeks in a newspaper having general circulation in the county. The notice shall be published for the first time not less than ten (10) days nor more than twenty-five days (25) before the date fixed for the hearing. In computing this period the date of publication shall not be counted but the date of the hearing shall be. • 3. With respect to atlas amendments the Administrator shall P , mail written notice of the public hearing to the record owners for tax purposes of all properties whose zoning classification is changed by the proposed amendment as well as the owners of all properties any portion of which is within 150 feet of the property rezoned by the amendment, except that this requirement shall not apply in the case of a total rezoning of all property within the county. The person mailing such notices shall certify the fact of such mailing to the Board. 4. The Planning staff shall also post notices of the public hearing in the vicinity of the property rezoned by a proposed Minor Atlas Amendment and may take any other action deemed by the Planning staff to be useful or appropriate to give notice of the public hearing on any such amendment, 5. The notice required or authorized by this Section shall; • 24.3 (a) state the date, time, and place of the public • hearing; (b) summarize the nature and character of the proposed change; (c) if the proposed amendment involves a change in zoning district classification, reasonably identify the property whose classification would be affected by the amendment; (d) state that the full text of the amendment can be obtained from the Planning department; and, (e) state that substantial changes in the proposed amendment may be made following the public hearing, 6, The Planning staff shall make every reasonable effort to comply with the notice provisions set forth in this Section, However, it is the Board's intention that no failure to comply with any of the notice provisions that are not statutorily required shall render any amendment • invalid. Section 2405 Board Action on Amendments, t. At the conclusion of the public hearing on a proposed amendment, the Board may proceed to vote on the proposed Ordinance, defer action to a subsequent meeting or take any other action consistent with its usual rules of procedure, 2. The Board is not required to take final action on a proposed amendment within any specific period of time, .but it should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs. 3, voting on amendments to this Ordinance shall proceed in the some manner as other Ordinances, • . 24 , 4 0 Section 2406 Ultimate Issue Before Board on Amendments. 1. In deciding whether to adopt a proposed amendment to this Ordinance, the central issue before the Board is whether the proposed amendment advances the public health, safety or welfare. All other issues are irrelevant, and all Information related to other Issues at the public hearing .may be declared irrelevant by the Chair and excluded. In particular, when considering proposed atlas amendments: (a) the Board shall not rely upon any representations made by the petitioner that, if the change is granted, the rezoned property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the Board shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification; and, (b) the Board shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the Impact of the proposed change on the public at large. Section 2407 Map Amendments Along Major Arterials. Areas zoned for non-residential purposes along the county's major arterials have been carefully selected, taking into account existing needs and uses. Additional areas along these major arterials shall not be rezoned to non-residential districts except upon an extraordinary showing of public need or demand and then only to expand an adjacent zoning district of the some classification as the district requested. 24,5 0 • ARTICLE 25 DEFINITIONS Section 2501 Definitions of Basic Terms. Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this Section shall have the meaning indicated when used in this Ordinance. Accessory Use. A use customarily incidental and subordinate to the principal use of a.building and located on the some lot or building. Refer to Section 1305. Acreage. Total acreage shall mean gross acres. Adaptive Reuse of Historic Property. Any use of a structure • or tract of land that is listed on the National Register of Historic Places, together with surrounding grounds, that would not generally be permissible in the district where such property is located but which the Board concludes, pursuant to the standards set forth in Section 1404., allows the property to be used in a manner that is economically viable while still preserving its historic character. Adjoining Property, When used in connection with a notice requirement under this Ordinance, this term shall refer to any tract having a border that touches at any point the border of the property that the subject of a proposed Permit, Appeal, Variance, or Rezoning, as well as any tract that would have such a common border point with the subject property if one were to disregard (1) any intervening street or other public or utility right-of-way, and (ii) any intervening property that is under the some ownership as the subject property, Administrator. Planning and Zoning Officer and his staff. `• 25.1 8grihu4inpna. H commercial operation that (i) involves the processing or.distribution of farm products or the sale or • repairs of farm machinery, equipment, or supplies, and (ii) is not otherwise specifically listed in the Table of Permissible Uses. Agricultural Land, Including the woodland and wasteland which form a contiguous part thereof constituting a farm unit. Aircraft. Any contrivance used or designed for navigation of or flight in the air by one or more persons. Airport. An area of land or water that is designed or used on a recurring basis for the landing and take -off of aircraft, except that an airstrip shall not be considered an airport. AirstrIZ. An area of land or water, located on private property, which the owner of such land uses (or authorizes the use of) for the landing and take -off of (1) not more than two (2)-aircraft owned or leased by the owner of such property, or (ii) aircraft engaged in crop dusting of land owned or leased •Antenna. Equipment designed to transmit or receive electronic signals. Area of Environmental Concern. An area designated as such by the N.C. Coastal Resources Commission pursuant to G.S. 113A-113 of the Coastal Area Management Act. Base Flood, The flood having a one percent 0 %) chance of being equalled or exceeded in any given year. Also known as the 100-year Flood. Bed and Breakfast. A use (i) that takes place within a building that, before the effective date of this Ordinance, was designed and used as a single-family detached dwelling, (ii) that consists of a single dwelling unit together with the rental of one (1) or more dwelling rooms on a daily or weekly basis to tourists, vacationers, or similar transients, Oil) where the provision of meals, if provided at all, is limited to the breakfast meal, and (iv) where the bed and breakfast operation is conducted primarily by persons who reside within 25. 2 the dwelling unit, with the assistance of not more than the equivalent of one (1), furl -time employee. • Board. The Board of Commissioners of Currituck County. Billboard. An off -premises sign owned by a person, corporation, or other entity that engages in the business of selling the advertising space on that sign. Boarding House. A residential use (1) that consists of at least one (1) dwelling unit together with more than two (2) rooms that are rented out or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units, 00 where the rooms are occupied by longer term residents (at least month -to -month tenants) as opposed to overnight or weekly guests, and (III) where the dwelling unit is permanently occupied by the owners or operators of the boarding house. Bona Fide Farm. For purposes of this Ordinance, a bona fide farm is any tract or tracts of land, one of which must contain at least ten (10) acres which meets the following criteria; (a) on such property an owner is actively engaged in a substantial way in the commercial production or growing of crops, plants, livestock, or poultry; and, (b) such property has produced or yielded, during each of the (3) three immediately preceding years, a gross income from the above -described commercial production or growing of crops, plants, livestock, or poultry (including payments received under Soil Conservation or Land Retirement Programs, but not land rents paid to a non-resident owner) of at least $1,000. Buffer Strip. A strip of land which by width or vegetation or fencing or a combination of these protects adjoining properties from incompatible views, noises, fumes, -lighting and other disturbances. 40 25.3 fuild.irn. R structure having a roof and designed to be used as a place of occupancy, Indoor employment, storage or • shelter. Building, Accessory, A minor building that is located on the some lot as a principal building and that is used incidentally to a principal building or that houses an accessory use, Building, Principal The primary building on a lot or a building that houses a pri,ncipai use. Building Setback Line. The term building setback line as used in this Ordinance shall mean the distance between the nearest position of any building and a street or highway right of way line when measured perpendicularly thereto. Camperl.A portable dwelling (as a special equipped trailer or automobile vehicle) for use during casual travel and camping, (see also "manufactured housing"). Camping,. To live temporarily in a camp or outdoors. • Cam2. H temporary shelter (cabin, tent or camper) or open air area where one (1) or more persons camp. Ceram, Whenever this Ordinance requires that some agency certify the existence of some fact or circumstance to the County, the County may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the County may accept certification by telephone from some agency when the circumstances warrant it, or the County may require that the certification be in the form of a letter or other document. Child Care Home. R home for not more than nine (9) orphaned, abandoned, dependent, abused, or neglected children, together with not more than two (2) adults who supervise such children, all of whom live together as a single housekeeping unit. Child Care Institution. Rn institutional facility housing more than orphaned, abandoned, dependent, abused, or neglected children. 0 25.4 Circulation Area. That portion of the vehicle accommodation • area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aialea)comprise the circulation area. Coastal High Hazard Area. The area subject to.high velocity waters caused by, but not limited to, hurricane wave wash, The area is designated on a FIRM as Zone VI-3, UE or U. Combination Use. A use consisting of a combination on one lot .of two (2) or more principal uses separately listed in the Table of Permissible Uses, Article 13. (Under some circumstances) a second principal use may be regarded as accessory to the first, and thus a combination use is not established. In addition, when two (2) or more separately owned or separately operated enterprises occupy the some lot, and all such enterprises fall within the some principal use classification, this shall not constitute a combination use.) Conditional Use Permit. A Permit issued by the Board of ID property that authorizes the recipient to make use of property in accordance with the requirements of this Ordinance as well as any additional requirements imposed by the Board of Adjustment, Convenience Store. A one (1) story, retail store containing less than 2000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). It is designed to attract and depends upon a large volume of "stop and go" traffic. Illustrative examples of convenience stores are those operated by the "Fast Fare," "7-11" and "Pantry" chains. County.. Currituck County. Dag Care Center. A day care facility as defined in G.S. 110- 86(3) as well as a center providing day care on a regular basis for more than two (2) hours per day for more than five (5) senior citizens. 25, 5 Developer. R person who is responsible for any undertaking • that requires a Zoning Permit, Special Use Permit, Conditional Use Permit, or Sign Permit. Development. That which is to be done pursuant to a Zoning Permit, Special Use Permit, Conditional Use Permit, or Sign Permit, Dimensional Monconformity. A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building, or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located. . Dripline A perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground. Drivewouu, That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not a part of the vehicle accommodation, Duplex. Some as residence, Duplex Dwelling Unit, Rn enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as a permanent residence by one (1) family. Existing Mobile Home Subdivision, Those Subdivisions previously existing known as; Knotts Island Estates; James Starboard, Private Recess Subdivision,.(3 lots); Buckskin Creek; Wedgewood Lakes; Suburban Rcres; Suburban Point; Shangrala (lots 1-7 and 14-16 only); Bentwood (lots 2 and 3 only); Claywood; Waterview Shores; and Walnut Island. Expenditure. A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in positions, 25.6 Faa�. One (1) or more persons living together as a single housekeeping unit, and who are related to each other by blood • or marriage. Federal Insurance Rate Mao (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Fence, Unless otherwise specified, when a fence is required by the Ordinance, it is to be six (6) feet high and opaque enough and long enough to provide visual screening from adjoining property and shall be constructed and maintained to present a neat and attractive appearance. Flag Lot. An irregularly shaped lot where the buildable portion of the lot is connected to its street frontage by an arm of the lot that is less than the presumptive minimum required lot width. 1=1.e6Markets. An open air market for second hand articles and antiques, where booths or spaces may or may not be rented to • indi'viduals to conduct sales from tables, from the back of vehicles, or from covers spread on the ground, which general location is used for such purposes for more than three(3) days during any ninety (90) day period. Flood Insurance Studu. The official report provided by the Federal Emergency Management Agency, containing flood profiles, Flood Boundary Floodway map and the water surface elevation of the base flood. Floodplain. Any land area susceptible to being inundated by water from the base flood. As used in this Ordinance, the term refers to that area designated as subject to flooding from the base flood (One Hundred Year Flood) on the "Flood Boundary and Floodway Map" prepared by the U.S. Department of Housing and Urban Development and dated November 1, 1984, a copy of which is on file in the Administrator's office. This area shall comprise the Floodplain Overlay Zoning District established in.Article 1. 0 25.7 ........... ...... ..._....... .......... ..................... ....................... .... ........... Flandwa. The channel of a river or other watercourse and the adjacent land areas that must be reserved In order to • discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. As used in this Ordinance, the term refers to that area designated as a floodway on the "Flood Boundary and Floodway Map" prepared by the U.S. Department of Housing and Urban Development and dated November 1, 1984, a copy of which is on file in the Administrator's office. This area shall comprise the Floodway Overlay Zoning District established In Article 1. Floor. The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in frame construction. The term does not include the floor of a garage used solely for.park.ing vehicles. Floor. Lowest. The lowest floor of the lowest enclosed area (including basement),.. An unfurnished or flood resistant enclosure, usable solely for parking vehicles, building access or storage, in an area other than a basement area, is not • considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this Ordinance, Florida Room, A prefabricated room designed and manufactured specifically for mobile homes. Garage Sales. A sale conducted by a occupant of a residence alone or in cooperation with neighbors conducted for the purpose of selling surplus household Items for profit or for charitable purposes. Such sales are usually conducted from a garage associated with the residence or from the yard of the residence. Garage sales may be distinguished from Flea Markets by the number of days of sale during a ninety (90) day period. Garage sales (and Yard Sales) may not be conducted*at the some location more than three (3) days for any ninety (90) day period. Gross Floor Area. The total area of a building measured by taking the outside dimensions of the building at each floor is level intended for occupancy or storage, Halfwau House, A home for not more than nine (9) persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct, together with not more than two (2) persons providing supervision and other services to such persons, all of whom live -together as a single housekeeping unit, Handicapped or Infirm Home. A residence within a single dwelling unit for at least six (6) but not more than nine (9) persons who are physically or mentally handicapped or infirm, together with not more than two (2) persons providing care or assistance to such persons, all living together as a single housekeeping unit. Persons residing in such homes, including the aged and disabled, principally need residential care rather than medical treatment, Handicapped. Aged or Infirm Institution, An Institutional facility housing and providing care or assistance for more • than nine (9) persons who are physically or mentally handicapped or infirm. Persons residing in such homes, including the aged or disabled, principally need residential care rather than medical treatment. Height., When referring to the height limit of thirty-five (35) feet for all structures in the County, this limit shall apply to every portion of a building, excepting only; antennas and similar attachments and church steeples. Highest Adjacent Grade, The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure, High Uolume Traffic Generation. All uses in the 2,000 classification other than low volume traffic generation uses, Home Occupation. A commercial activity that: (i) is conducted by a person on the some lot (in a residential district) where such person resides, and 0 1) is not so Insubstantial or incidental or is not so commonly associated 25. 9 with the residential (see Article 14), but • significantly adverse use as to be regarded as an accessory use that can be conducted without any impact on the surrounding neighborhood, A use may not be regarded as having an insignificantly adverse impact on the surrounding neighborhood if; (i) any on - premises retail sales of goods not produced on-site.occur, (ii) more than two (2) persons not a resident on the premises are employed in connection with the purported home occupation, (iii) the use.creates objectionable noise, fumes, odor, dust or electrical interference, or (v) more than one (1) motor vehicle that is used in connection with the purported home occupation is regularly kept on the property or the adjacent street, or (v) any sign advertising the home occupation located on the property is larger than six'(6) square feet, or NO more than twenty-five percent (25%) of the total.gross floor area of residential buildings plus other buildings housing the purported home occupation, or more than 1,000 square feet of gross floor area (whichever is less), is used for home occupation purposes. The following is a non -exhaustive list of examples of enterprises that may be home occupations if they meet the foregoing definitional criteria; (1) the office or studio of a physician, dentist, artist, musician, lawyer, architect, engineer, teacher, or similar professional, (ii) the office of an electrician, plumber, carpenter) contractor or other person employed in a similar trade, (III) workshops, greenhouses, or kilns, (iv) tailoring or hairdressing studios, Horticultural Land. Is agricultural land. Hotels and Motels. A building or group of buildings wherein temporary lodging is provided on a regular basis to persons who seek to rent rooms or dwelling units on a day-to-day basis, except that the following are excluded from this definition; (i) tourist homes, (H) bed and breakfast establishments, (III) single-family and two-family residences, regardless of the basis on which they are rented, (iv) multi- family residences, unless at least ten percent (10%) of the dwelling units within a multi -family development are regularly rented or offered for rent on a day-to-day basis. 0 25. 10 Hunting and Fishing Lodges. An enterprise consisting of one (1) or more buildings wherein there are located not more than • fifteen (15) lodging units designed to provide short term accommodations primarily to persons intending to participate in hunting or fishing activities. R hunting and fishing lodge may not operate a restaurant open to the general public in connection with or on the some premises as the lodge (if a restaurant is so operated, the enterprise must be classified as a hotel or motel), Incinerator, A furnace or container for the purpose of burning waste or nonwaste materials. Intermediate Care Home, A facility maintained for the purpose of providing accommodations for not more than seven (7) occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm. Intermediate Care Institution. An institutional facility maintained for the purpose of providing accommodations for • more than seven (7) persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm. Ju k ar . A lot, land or structure or part thereof, used primarily for the collecting, processing, storage and/or sale of salvage paper, animal hides, rags, rubber, glass, scrap metal, lumber or other building materials, or for the dismantling of parts thereof. Any lot with more than two (2) vehicles stored without current registration plates or having an amount of trash, either burnable or*nonburnable, considered as excessive in the judgement of the Administrator, shall be classified as a junkyard and will require the appropriate Zoning and Permits. Kennel. R commercial operation that: (i) provides food and shelter and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or (ii) engages in the breeding of animals for sale,. Incidental breeding and offering the resultant -litter for sale shall not constitute the operation of a kennel, • Landfill Demolition. A tract of la nd and used as a permanent dumping place for stumps, limbs, leaves, concrete, brick., wood, uncontaminated earth, or similar materials that are generated by the construction or demolition process. A demolition landfill is differentiated from a reclamation landfill in that the -primary purpose of the latter is to raise the elevation of the land and no stumps, limbs, or other . biodegradable materials are allowed In a reclamation landfill, Landfill, Reclamation, An operation consisting of the dumping of dirt, sand, gravel, rocks, concrete or similar materials that are not biodegradable on a tract of land for the purpose of raising the elevation of such land, Landfill, Sanitarg, A tract of land used as a permanent dumping place for garbage, trash, and other miscellaneous types of solid waste, whether or not such wastes are biodegradable, Loading and Unloading Area, See -Section 411 of this Ordinance. Lam+, A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title; (a) if a public body or any authority with the power of Eminent domain condemns, purchases, or otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition, or a private road is created across a parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained or the road so created Is such as effectively to prevent the use of this parcel as one lot, then the land on either side of this strip shall constitute a separate -lot; and, 25,12 (b) Subject to Section 1503, the permit issuing authority and the owner of two (2) or more • contiguous lots may agree to regard the lots as one lot if necessary or convenient to comply with any of the requirements of this Ordinance. Lot Rrea, The total area circumscribed by the boundaries of a lot, except that.: (1) when the legal Instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or If the right-of-way line cannot be determined, a line running parallel to and thirty feet (30) from the center of the traveled portion of the street, and (ii) in a residential district, when a private road that serves more than three (3) dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road. Lot, Corner, R lot which occupies the interior angle at the intersection of two (2) street lines which make an angle of more than forty-five (45) degrees and less than one hundred, thirty-five (135) degrees with each other, the street I•ine forming the least frontage shall be deemed the front of the lot except where the two (2) street lines are equal, in which case the owner shall be required to specify which is the front when requesting a Building Permit. Lot Coverage, Lot coverage shall be defined as that area covered by principal, accessory buildings and other impervious surfaces, excluding parking lots and other areas, Lot Depth, The depth of a lot is the mean distance of the side lines of the lot measured from the midpoint of the front lot line to midpoint of the rear lot line. Lot depth may in no case be less than the minimum lot width required in the Zoning district in which the lot is located, Lot of Record. R lot which is a part of an approved Subdivision, a Plat of which has been recorded in the Office of the Register of Deeds of Currituck County, or a lot described by metes and bounds, the description of which has been so recorded and which at the time of recordation and the 25.13 time it was originall0 subdivided met all aoalicable 5ubdivislon and Zoning regulations then In effect, • Lot Width, The distance between side lot lines measured at the front building set -back line, Furthermore, lots located on the turning circle of a cul-de-sac shall not be less than eighty (80%) percent of the minimum lot width required when measured to a point fifty (50) feet back from the street right-of-way. Low Uolume Traffic Generation, Uses such as furniture stores, carpet stores, major appliance stores, etc. that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, and that therefore generate less customer traffic per square foot of floor space than stores selling smaller items, Main Traveled Roadwau, The principal traveled way of a highway on which through.t.raffic Is carried. In the case of a divided highway, the traveled way of each of the separate roadways for traffic in opposite directions is a main traveled roadway. Not included are such facilities as frontage roads, • turning roads, or parking areas. M r , Any publicly or privately owned dock, basin or wet boat storage facility constructed.to accommodate more than ten (10) boats and providing any,of the following services: permanent or transient docking spaces, dry storage, fueling facilities, haul out facilities and repair service, Excluded from this definition are boat ramp facilities allowing access only, temporary docking and none of the preceding services, Mining. The breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores or other solid manner, Rny activity or process constituting all or part of a process for the extraction or removal of minerals, ores, soils, and other solid manner from its original location. The preparation, washing, cleaning, other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use. 25, 14 Mobile Home, R dwelling unit that: (i) is not constructed in accordance with the standards set forth In the North Carolina • State Building Code, and (11) Is composed of one (1) or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis, and (iii) exceeds thirty-two feet in length and eight feet in width (32' x 8'). Mobile Home, Class R. R mobile home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria: (a) The home has a length not exceeding three (3) times its width; (b) the pitch of the home's roof has a minimum vertical rise of one (1) foot for each five (5).1eet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction; (c) the exterior siding consists of wood, hardboard, or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction; (d) a continuous, permanent masonry curtain wall, unpierced except for required ventilation and access, is Installed under the home after placement on the lot and before occupancy; and, (e) the tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy. Mobile Home, Class B. R mobile home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction 25.15 but that does not satisfu the criteria necessaru-to aualifu the house as a class R mobile home, • Mobile Home, Class C. Any mobile home that does not meet the definitional criteria of a class A or class B mobile home. Mobile Home Park. A residential use in which more than one (1) mobile home is located on a single lot, tract or parcel of land. Modular Home, A dwelling unit constructed In accordance with the standards set forth in the North Carolina State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation, Among other possibilities, a modular home may consist of two (2) sections transported to the site in a manner similar to a mobile home (except that the modular home meets The North Carolina State Building Code), or a series of panels or room sections transported on a truck and erected or Joined together on the site, • Motor Uehicle. Every self propelled vehicle designed to run upon the highways and every vehicle designed to run upon the highways that is pulled by a self propelled vehicle, Nonconforming Lot, A lot existing at the effective date of this Ordinance (and not created for the purposes of evading the restrictions of this Ordinance) that does not meet the minimum area requirement of the district in which the lot is located, except that such a lot created pursuant to a provision of this or any prior Ordinance allowing the creation of lots smaller than normal minimums shall not constitute a nonconforming lot, Nonconforming Project. Any structure, development, or undertaking that is incomplete on 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. Nonconforming Ste. A sign (see Article 25 for definition) that on the effective date of this Ordinance does not conform 40 25.16 to one (1) or more of the regulations set forth in this Ordinance, particularly Article 17, Signs. Nonconforming Situation. A situation that occurs when, on the effective date of this Ordinance, an existing lot or structure or use of an existing lot or structure does not conform to one (1) or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and set -back requirements) is not in conformity with this Ordinance, because signs do not meet the requirements of Article 17 of this Ordinance, or because land or buildings are used for purposes made unlawful by this Ordinance. Nonconforming Structure. Any structure which does not conform to the regulation of structures for this Ordinance for the district in which it is located either at the effective date of this Ordinance or as a result of subsequent amendments which may be incorporated into this Ordinance, but was either conforming or not subject to regulation previously. Nonconforming Use. A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use,) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with running a bakery in a residentially zoned area is a nonconforming use.) Nursing Care Home, A facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than nine W persons. itution. An institutional facility maintained for the purpose of providing skilled nursing care 25.17 and medical supervision at a lower level than that available In a hospital to more than nine (9) persons. Open Space, Is not encumbered with any substantial structure. It is not contained within a street right-of-way, or otherwise devoted to use as a roadway, parking area, sidewalk, or above or below ground waste disposal facilities and is legally and practically accessible to the residents of the development out of which the open space is taken, See Section 701(7) for description of usable open space, Owner, The person firm or organization in whom is vested the ownership, dominion or title of property. The person firm or - organization who is recognized and held responsible by the law as the owner of property. - Package Treatment Plant, A privately or publicly owned facility, other than a conventional residential septic tank system, that is constructed for the purpose of treating sewage and discharging treated effluent. Parking Area, That portion of the vehicle accommodation area consisting of lanes providing access to parking spaces, Parking Space. A portion of the vehicle accommodation area set for the parking of one (1) vehicle, Person. An individual, trustee, executor, other fiduciary, corporation, firm, .partnership, association, organization, or other entity acting as a unit, Planned Residential Development. A development constructed on a tract of at least ten (10) acres under single ownership, planned and developed as an integral unit, and consisting of single-family detached residences combined with either two- family residences or multifamily residences, or both, all developed in accordance with Article 11, Planned Unit Development, A development constructed on a tract of at least ten (10) acres under single ownership, planned and developed as an integral unit, and consisting of a combination of residential and nonresidential uses on land 25.18 within a P.U.D. district (see Section 115.04) in accordance with Article 10. • Private Road. Is a road or way for the use of private individuals. Property Owners. Those listed as owners of property on the records of the Currituck County Tax Office. Public Water SupDIW System. Any water supply system furnishing potable water to ten (10) or more dwelling units or businesses or any combination thereof. Receive -Only Earth Station. An antenna and attendant processing equipment -for reception of electronic signals from satellites. Recreational Uehicle. R motor Vehicle that is designed for temporary use as sleeping quarters but that does not satisfy one (1) or more of the definitional criteria of a mobile home. Residence. Duplex. A two-family residential use in which the dwelling units share a common wall (including without limitation the wall.of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance. Residence. Multi -Family. R residential use consisting of a building containing three (3) or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wail (even the wall of an attached garage or porch). Residence, Multi -Family Apartments, R multi -family residential use other than a multi -family conversion or multi- family townhome. Residence, Multi -Family Conversion, A multi -family residence that contains not more than four (4) dwelling units and results from the conversion of a single building containing at least 2000 square feet of gross floor area that was in existence on the effective date of this Ordinance and that was 25.19 originally designed, constructed and occupied as a single- family residence. Residence Multi-Famil Townhome. A multi -family residential use in which each dwelling unit shares a common wall (including without limitation the wall of an attached garage or porch) with at least one (1) other dwelling unit and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance. Residence. Primary with Accessory Apartment. A residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more than twenty five percent (25%) of the gross floor area of the building nor more than a total of 750 square feet. Residence, Single -Family Detached, More Than One Dwelling Per Lot. A residential use consisting of two (2) or more single- family detached dwelling units on a single lot. Residence. Single -Family Detached, One Dwelling Unit Per Lot. • A residential use consisting of a single detached building containing one (1) dwelling unit and located on a lot. containing no'other dwelling units. • Residence. Two -Family. A residential use consisting ofa building containing two-(2) dwelling units. If two (2) dwelling units share a common wall, even the wall of an attached garage or porch, the dwelling units shall be considered to be located in one (1) building. Residence, Two -Family Apartment. R two-family residential use other than a duplex, two-family conversion, or primary residence with accessory apartment. Residence, Two -Family Conversion. R two-family residence resulting from the conversion of a single building containing at least 2000 square feet of gross floor area that was in existence on the effective date of this Ordinance and that was originally designed, constructed and occupied as a single- family residence. 25.20 Road. A Highway; a open way or public passage, a strip of land appropriated and used for purposes of travel and • transportation between different places. Road, Public A road or way established and adopted (or accepted as a dedication), by the proper authorities for the use of the general public, and over which every person has a right to pass and to use it.for all purposes of travel and transportation to which it is adapted and devoted. oof, Pitched. A pitched roof is defined as a roof or exterior building surface containing no curved surface areas which exceed five percent (5%) of the total exterior surface of the building and is constructed upon a building or structure were seventy-five percent (75%) or more of such building contains flat surfaces having a pitch relationship to the ground level of at least 3 to 12, rise to run, or greater. Rooming House, A residential use (1) that consists of at. least one (1) dwelling unit together with more than two (2) rooms that are rented out or are designed or intended to be rented but which rooms, individually or collectively, do not • constitute separate dwelling units, (ii) where the rooms are occupied by short term residents (less than month -to -month tenants) as opposed to overnight or weekly guests, and Ol i) where the dwelling unit is permanently occupied by the owners or operators of the boarding house. qn, Any device that (i) is sufficiently visible to persons not located on the lot where such device is located to accomplish either of the objectives set forth in subdivision two of this definition, and (ii) is designed to attract the attention of such persons or to communicate information to them. Sign Externally Illuminated. A sign lighted by an external source that casts light on the face of the sign. Sign, Freestandina. A sign that is attached to, erected on, or supported by some structure (such as pole, most, frame or other structure) that is not itself an integral part of a building or other structure whose principal function is something other than the support of a sign, A sign that stands 25.21 without supporting elements, such as "sandwich sign", is also a freestanding sign. If the message Is removed from a • structure that was originally designed and used as a sign, this structure shall still be considered a sign. Sign, Internally Illuminated Sign where the source of the light is inside the sign and light emanates through the message of the sign, rather than being reflected off of the face of the sign. Sign, Monconformina, Any sign that does not meet one M .or more of the requirements of this Ordinance as of the effective date of this Ordinance, Sign, Off Premise. Any sign that directs one's attention to a service, commodity, entertainment, or business that is offered elsewhere than on the premise where the sign is displayed. Sign, On Premise. Any sign that directs one's attention to a service, commodity, entertainment, or business offered on the premise where the sign is located (displayed), Sign Permit, a Permit issued by the Administrator that authorizes the recipient to erect, move, enlarge, or substantially alter a sign. Sign, Portable. A sign that rests on the ground or another surface but that is not bolted to or otherwise affixed to the ground or a permanent structure in some other substantially permanent way, Sign. TempororU A sign that (i) is used in connection with a circumstance, situation, or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or (H) is intended to remain on the location where it is erected or placed for a period of not more than fifteen (15) days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary, 25. 22 Significant Dune. Any of the following sand dunes so situated that its destruction or disturbance would cause a significant • negative ecological or aesthetic Impact, or constitute a potential hazard to streets or buildings constructed in its path and whose height is twenty-five (25) feet above mean sea level. Significant dunes in Currituck County are Lewark Hill and Three Sister's Hill. Special Events. Circuses, fairs, carnivals, festivals; or other types of special events that (i) run for longer than one (1) day but not longer than two (2) weeks, (11) are intended to or likely to attract substantial crowds, and (III) are unlike the customary or usual activities generally associated with the property where the special event is to be located. Special Use Permit. A Permit issued by the Board of Commissioners that authorizes the recipient to make use of property in accordance with the requirements of this Ordinance as well as any additional requirements Imposed by the Board of Commissioners. Street. A public street or a street with respect to which an • offer of dedication has been made. Street, Arterial. A street whose principal function is to carry large volumes of traffic at higher speeds through the county or from one part of the county t.o another. Specifically, the following streets shall be considered arterials; U.S. 158, U.S. 168, N.C. 34, N.C. 3, N.C. 615, and N.C. 12 (Ocean Trail). Street, Arterial Access. A street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties. Street, Collector. A street whose principle function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties. It generally serves or is designed to serve, directly or 25.23 indirectly, more than one hundred (100) dwelling units and is designed to be used or Is used to carry more than eight • hundred (800) trips per day, Street, Cul-de-sac, A street that terminates in a vehicular turnaround, Street, Local. A street whose primary function is to provide access to abutting properties. It generally serves or is designed to serve less than 100 dwelling units and handles less than 800 trips per day. Street, Loop. A street that has its beginning and points on the some road. Street, Major Arterial. The following arterials that are part of the State's primary road system; U,S. 156, U.S. 168, N.C. 34, N.C. 3, N.C. 615 and N.C. 12 (Ocean Trail). Street, Minor Arterial, All arterials other than major arterials, Structure, Any form or arrangement of a building or construction materials involving the necessity or precaution of providing proper support, bracing, tying, anchoring, or other protection against the pressure of the elements, Subdivision, The division of a tract of land into two (2) or more Iota, building sites, or other divisions for the purpose of sale or building development (whether Immediate or future) and including all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations of this Ordinance applicable strictly to subdivisions; (1) the combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the minimum standards set forth in this Ordinance, (ii) the division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved; or (ill) the public acquisition by purchase of strips of land for widening or opening streets; or (iv) the division of a tract in single ownership whose entire area Is 25.24 no greater than two (2) acres into not more than three (3) lots, where no street right -of -wag dedication is involved and • where the resultant lots are equal to or exceed the minimum standards set forth in this Ordinance. Subdivision, Existing Mobile Home, See Existing Mobile Home Subdivision, Subdivision, Major, Any subdivision other than a Minor Subdivision. Subdivision, Minor. A subdivision that does not involve any of the following: (1) the creation of more than a total of five (5) lots; (ii) the creation of any new public streets, or Ol i) the extension of a public water or sewer system. Temporary Emergency, Construction, or Repair Residence. A residence (which may be a mobile home but not a recreational vehicle) that is: (1) located on the some lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster, or (ii) located on the some lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed; or (Ili) located on a nonresidential construction site and occupied by persons having construction or security responsibilities over construction site. (See Section 601 for limitations on the duration of temporary residences). Tourist Home. A use (i) that consists of at least one (1) dwelling unit together with one (1) or more rooms that are rented out on a daily or weekly basis (with or without board) to tourists, vacationers, or similar transients, but which rooms, Individually or collectively, do not constitute separate dwelling units, (ii) where the dwelling unit is occupied by the owners or operators of the tourist home business. Tower. Any structure whose principal function is to support an antenna, -25. 25 Tract. R lot, the term tract is used interchangeablU with the term lot, particularly in the context of subdivisions, where ione "tract" is subdivided into several "lots." Travel Trailer. A structure that is (i) intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle), and (ii) is for temporary use as sleeping quarters, but that does not satisfy one (1) or more of the definitional criteria of a mobile home. Unsubdivided Development. RII construction of structures upon land under common singular ownership where such construction does not involve the sale of individual lots or parcels of land and the streets and ways are intended for use by the public or occupants of the development. U=. The activity or function that actually takes place or is intended to take place on a lot. Use, Principal. A use listed in the Table of Permissible Uses. Utility Facilities. Any above or below ground structures or facilities (other than buildings) unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental -entity, a nonprofit organization, corporation, or any entity defined as a public utility for any purpose by Section 62-3(23) of the North Carolina General Statutes and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals. Excepted from this definition are utility lines and supporting structures listed in Subsections 1306(b) and W . Utility Facilities, Community or Regional. RII utility facilities other than neighborhood facilities. Utility Facilities, Neighborhood. Utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located. 25, 26 • Variance. A grant of permission by the Board of Adjustment that authorizes the recipient to do that which, according to the strict letter of this Ordinance, he could not otherwise legally do. Vehicle Accommodation Area, The portion of a lot that is used by vehicles for access, circulation parking and loading and unloading. It,comprises the total of circulation areas, loading and unloading areas, and parking areas(spaces and aisles). Circulation areas shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles and without interfering with parking areas. Wetlands, CAMA. Those areas of land, marsh, or swamp which are frequently saturated or covered with water designated by various state agencies as "CAMA. Wetlands". Wholesale Sales. On -premises sales of goods primarily to customers engaged in the business of reselling the goods. Wooded Area. An area of contiguous wooded vegetation where trees are at a density of at least one six-inch or greater 40 caliper tree per 325 square feet of land and where the branches and leaves form a contiguous canopy. Yard. An open space on the some lot with a principal building unoccupied and unobstructed from the ground upward except as otherwise provided herein, Yard Sale. Some as "Garage Sale." Zoning Permit, A Permit issued by the Administrator that authorizes the recipient to make use of property in accordance with the requirements of this Ordinance. 0 25. 27 RPPEND'I X A INFORMATION REQUIRED WITH APPLICATIONS fi-_1 In General 1. As provided in Article 9, it is presumed that all of the information listed in this Appendix must be submitted with an application for a Zoning, Sign, Special Use , or Conditional Use Permit to enable the permit issuing authority to determine whether the development, if completed as proposed, will comply with all the requirements of this Ordinance. As set forth in Article 21, applications for Uariances are subject to the some provisions. However, the permit -issuing authority may require more Information or accept less sufficient Information according to the circumstances of the particular case. A developer who believes information presumptively required by this Appendix is unnecessary shall contact the Administrator for an interpretation. 2. As also provided in Article 9, the Administrator shall • develop application processes, including standard forms, to simplify and expedite applications for simple developments that do not require the full range of Information called for in this Appendix. In particular, developers seeking only permission to construct single- family or two-family residences or to construct new or modify existing signs should contact the Administrator for standard forms. �2 Written Application 1. Every applicant for a Uariance or a Zoning, Sign, Special Use or Conditional Use Permit shall complete a written application containing at least the following informations (a) the name, address, and phone number of the applicant; CJ (b) if the applicant Is not the owner of the property In question, (1) the name, address, and phone number of the owner, and (il) the legal relationship of the applicant to the owner that entitles the applicant to make application; (c) the date of the application; (d) identification of the particular Permit sought; .(e) a succinct statement of the nature of the development proposed under the Permit or the nature of the Variance; (f) identification of the property in question by street address and tax map reference; (g) the Zoning District within which the property lies; (h) the number of square feet in the lot where the development is to take place; (1) the gross floor area of all existing or proposed • buildings located on the lot where the development is to take place; and, (j) if the proposed development is a two-family or multi -family residential development or an Open Space Subdivision, the number of one (1), two (2), three (3), or four (4) bedroom dwelling units proposed for construction, A-3 Development Site Plans Subject to Section R-1 of this Appendix, every application for a Variance or a Zoning, Sign, Special Use or Major Subdivision Permit shall contain plans that locate the development site and graphically demonstrate existing and proposed natural, man-made, and legal features on and near the site in question, all in conformity with Sections R-4 through R-6 of this Appendix, 2 fim-1 Graphlc Materlals Required for Plans 1. The plans shall include a location map that shows the location of the project in the broad context of the County. This location map may be drawn on the development site plans or it may be furnished separately using reduced copies of maps of the County available at the Planning Department or Tax Department. 2. Development site plans shall be drawn to scale, using such a scale that all features required to be shown on the plans are readily discernible. Uery large developments may require that plans show the development In sections to accomplish this objective without resort to plans that are so large as to be cumbersome, or the objective may be accomplished by using different plans or plans drawn to different scales to illustrate different features. In all cases, the permit issuing authority shall make the final determination whether the plans submitted are drawn to the appropriate scale, but the applicant for a Major Subdivision Permit or Special Use Permit may rely in the first instance on the • recommendations of the Administrator. 3. Development site plans should show on the first page the following Information; (a) name of applicant; (b) name of development (if any); (c) North Arrow; (d) legend; and, (e) scale at 1" equals 100 feet. 4. All of the features required to be shown on plans by Sections R-5 and R-6 may be included on one set of plans, so long as the features are distinctly discernible. R-5 Existing Natural, Man -Made and Legal Features 1. Development site plans shall show all existing natural, 3 man-made, and legal features on the lot where the development is to take place, Including but not limited • to those listed below. In addition, the plans shall also show those features Indicated below by an asterisk that are located within fifty (50) feet in any direction of the lot where the development is to take place, and shall specify (by reference to the Table of Permissible Uses or otherwise) the use made of adjoining properties. 2. Existing natural features: (a) tree line of wooded areas; (b) individual trees eighteen (18) inches in diameter or more, identified by common or scientific name; (c) orchards or other agricultural groves by common or scientific name; *(d) streams, ponds, drainage ditches, swamps, wetlands (both CAMA and "404"), and, boundaries of floodwags and floodpiains; • (e) (if the proposed development is a subdivision or mobile home park of more than fifty (50) lots or if more than five (5) acres of land are to be developed), base flood elevation data (See Article 16, Part 1); and, *(f) contour lines (shown as dotted lines) with no larger than two (2) foot contour intervals. (As indicated in Subsection A-6(2)(t), proposed contour lines shall be shown as solid lines.) 3. Existing man-made features: *(a) vehicle accommodation areas (including parking areas, loading areas and circulation areas, see Article 4), all designated by surface material and showing the layout of existing parking spaces and direction of travel lanes, aisles, or driveways; (b) streets, private roads, sidewalks, and other • 4 walkways, all designated by surface material; • (c) curbs and gutters, curb Inlets and curb cuts, and drainage grates; (d) other storm water or drainage facilities, including manholes, pipes, and drainage ditches; (e) underground utility lines, including water, sewer, electric power, telephone, gas, cable television; (f) above ground utility lines and other utility facilities; *(g) fire hydrants; *(h) buildings, structures and signs (including dimensions of each); (i) location of exterior light fixtures; and, *(j) location of dumpaters. 4. Existing legal features: (a) the Zoning of the property, including Zoning District lines where applicable; (b) property lines (with dimensions identified); (c) street right-of-way lines; and, (d) utility or other easement lines. R-6 Proposed Changes in Existing Features or New Features t. Development site plans shall show proposed changes in (i) existing natural features (see MUD, (ii) existing manmade features (see R-5(3)), and (111) existing legal features (see R-50)). 2. Development site plans shall also show proposed new legal features (especially new property lines, street right -of - .way lines, buffer areas and utility and other easements), as well as proposed man-made features, Including, but not limited to, the following; (a) the number of square feet in every lot created by a new subdivision; (b) lot dimensions, including lot widths measured in accordance with Article 2; (c) the location and dimensions of all buildings and freestanding signs on the lot, as well as the distances all buildings and freestanding signs are set back from property lines, streets or street right-of-way lines (see Article 2); (d) principal side(s) building elevations for typical units of new buildings or exterior remodelings of existing buildings, showing building heights (see Article 2) and proposed wall sign or window sign area; • (e) elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures; (f) elevation in relation to mean sea level to which any non-residential structure will be floodproofed; (g) description of the extent of which any watercourse will be altered or relocated as a result of the proposed development; (h) the location and dimensions of all recreational areas provided in accordance with Article 7, with each area designated as to type of use; (i) areas intended to remain as usable open space (Article 7) or designated buffer areas (Article 16.) The plans shall clearly indicate whether such open space areas are intended to be offered for dedication to public use or to remain privately owned. (j) streets, labeled by classification (see Article 3) and street name showing whether curb and gutter or shoulders and swales are to be provided and indicating street paving widths. Private roads In subdivisions shall also be shown and clearly labeled as such; (k) curbs and gutters, curb inlets and curb cuts, drainage grates; (i) other storm water or drainage facilities, including manholes, pipes, drainage ditches, retention ponds, etc.; (m) sidewalks and walkways, showing widths and surface material; (n) bridges; (o) outdoor illumination with lighting fixtures • sufficiently identified to demonstrate compliance with Article 6; (p) underground utility lines, including water, sewer, electric power, telephone, gas, cable television. Water and sewer pipe line signs shall be labeled; (q) above ground utility lines and other facilities; (r) fire hydrants; (a) number of dumpsters and dumpter sites) location; (t) new contour lines resulting from earth movement (shown as solid lines) with no larger than two (2) foot contour intervals (existing lines should be shown as dotted lines); (u) scale drawings of all signs requiring Permits 7 pursuant to Article 17, together with an indication of the location and dimensions of all such signs; (v) vehicle accommodation areas (including parking areas, loading areas, and circulation areas, see Article 4), all designated by surface material and showing the dimensions and layout of proposed parking spaces and the dimensions and direction of travel of lanes, aisles, and driveways; and, (w) proposed plantings or construction of other devices to comply with the screening requirements of Article 5, Part I, as well as proposed plantings of trees to comply with the shading requirements of Article 5, Part 11. Plans shall label shrubbery by common or scientific name, show the distance between plants and indicate the height at the time of planting and expected mature height and width. Plans shall label trees by common or scientific name, show the circles of the mature crowns (major trees shall be drawn at diameter of 30'; dwarf or decorative trees shall be drawn at their actual mature crown), and indicate the height at the.time of planting. R-7 Documents and Written Information In Addition to Plans 1. In addition to the written application and the plans, whenever the nature of the proposed development makes information or documents such as the following relevant, such documents or information shall be provided. The following is a representative list of the types of Information or documents that may be requested; (a) documentation confirming that the applicant has a sufficient interest in the property proposed for development to use it in the manner requested, or is the duly appointed agent of such a person; (b) certifications from the appropriate Agencies that proposed utility systems are or will be adequate to handle the proposed development, as set forth in 8 Article 6, and that all necessary easements have been provided; (c) for proposed nonresidential floodproofed structures, or for enclosed areas below the lowest floor that are subject to flooding, certification from a registered professional engineer or, architect that the proposed structure meets the criteria in Article 16; (d) certification and supporting technical data from a registered professional engineer demonstrating that any proposed use within a floodway, if permitted under Article 16, shall not result in any increase in flood levels during occurrence of the base flood discharge; (e) certifications from a registered professional engineer or architect, where applicable, as required in Article 16; (f) detailed description of play apparatus or other recreational facilities to be provided in order to • satisfy the provisions of Article 7; (g) legal documentation establishing Homeowners Associations or other legal entities responsible for control over required common areas and facilities; (h) bonds, letters of credit, or other surety devices; (1) stamped envelopes containing the names and addresses of all those to whom notice of a public hearing must be sent to comply with Articles 19, 22, 24; (j) complete documentation justifying any requested deviation from specific requirements established by this Ordinance as presumptively satisfying design standards; W written evidence of permission to use satellite 9 parking spaces under the control of a person other than the developer when such spaces are allowed • pursuant to Article 4; (1) written evidence of good faith efforts to acquire satellite parking under the circumstances set forth in Article 4; (m) verification that 4.000 classification uses will meet the performance standards set forth In Article 6. Such verification shall be made by a licensed engineer or other qualified expert unless it is utterly apparent from the nature of the proposed development that such expert verification is unnecessary; (n) time schedules for the completion of phases in staged development, as required by Article 9; and, (o) the environmental impact of a development, Including its effect on historically significant or ecologically fragile or Important areas and its Impact on pedestrian or traffic safety or • congestion. R-8 . Number of Copies of Plans and Documents With respect to all plans and other documents required by this appendix, the developer shall submit the number of copies that the Administrator reasonably deems necessary to expedite the review process and to provide necessary permanent records. APPENDIX B SPECIFICATIONS ON ORIUEWAY ENTRANCES All driveway entrances and other openings onto public streets shall, at a minimum, conform to the requirements set forth in the current edition of the N.C. Department of Transportation's Manual on Driveway Entrance Regulations. 0 10 RPPENDIK C • SPECIFICATIONS FOR STREET DESIGN RHO CONSTRUCTION DOT Standards Rpplicable. RII public streets shall be constructed in accordance with the design construction standards promulgated by the N.C. Department of Division of Highways, unless a more restrictive standard is herein, in which case the more restrictive standard shall apply. R copy of the D.O.T. standards shall be available for inspection in the Planning Department. RPPENDIK 0 VEHICLE RCCOMMODRTION AREA SURFACES -1-1 Paved Surfaces Vehicle accommodation areas paved with asphalt shall be constructed in the some manner as street surfaces (Appendix • C). if concrete is used as the paving material, vehicle accommodation areas shall be similarly constructed except that six (6) Inches of concrete shall be used instead of two inches of asphalt. The Public Works Director may allow other paving materials to be used so long as the equivalent level of stability is achieved. 0-2 Unpaved Surfaces Vehicle accommodation areas without paving shall be constructed In the same manner as paved areas except that size 13 crushed stone may be used,in lieu of asphalt, concrete, or other paving materials: 0 11 APPENDIX E • SCREENING AND TREES E-L Guide for Protecting Existing Trees 1, Article 5 provides for the retention and protection of large trees when land is developed. In order to better ensure the survival of existing trees, the developer should heed the following guidelines; (a) protect trees with fencing and armoring during the entire construction period. The fence should enclose an area ten (10) feet square with the tree at the center; (b) avoid excavations beneath the crown of the tree; (c) avoid compaction of the soil around existing trees due to heavy equipment. Do not pile dirt or other materials beneath the crown of the tree; (d) keep fires or other sources of extreme heat well clear of existing trees; (e) repair damaged roots and branches immediately. Exposed roots should be covered with topsoil. Severed limbs and roots should be painted. Whenever roots are destroyed, a proportional amount of branches must be pruned so that the tree doesn't transpire more water than it takes in. Injured trees must be thoroughly watered during the ensuing growing year; (f) all existing trees which will be surrounded by paving should be pruned to prevent dehydration; (g) no paving or other impermeable ground cover should be placed within the dripline of trees to be retained; 0 12 Standards for Street and Parking Lot Trees 1. Trees planted in compliance with the requirements of Article 5 should have most or all of the following qualities. The trees recommended in Section E-10 represent the best combinations of these characteristics. (a) hardiness: (1) resistance to extreme temperatures; (2) drought resistance; (3) resistance to storm damage; (4) resistance to air pollution; and, (5) ability to survive physical damage from human activity. (b) life cycle: (1) moderate to rapid rate of growth; and, (2) long life. (c) foliage and branching: (1) tendency to branch high above the ground; (2) wide spreading habit; and, (3) relatively dense foliage for maximum shading. (d) maintenance: (1) resistance to pests; (2) resistance to.plant diseases; (3) little or no pruning requirements; and, (4) no significant litter problems. 13 0 E--a Formula for Calculating Twenty Percent (20%) Shading of Paved Uehicle Accommodation Rreas. 1. Following is an elementary formula for determining the number of shade trees required in and around paved parking lots in order to presumptively satisfy the shading requirements of Rrticle 5. [a] calculate square footage of the vehicle accommodation area. Include parking spaces, driveways, loading areas, sidewalks, and other circulation areas. Do not include building area and any area which will remain completely undeveloped: [b] multiply: 9.20 sq. ft. [c] area to be shaded: sq. ft. ... [d] area shaded by existing trees to be retained in and around the vehicle accommodation area:* [e] area shaded by required screening trees, if any:* [f] area shaded by required street trees, If any:* [g] subtotal: (if line [g] is greater than line [c], then the shadinc requirement has been met. if not, go on to line [h].) [h] enter the difference between line [g] and line [c]: [i] divide line [h]: 707 [j] total number of shade trees required within the vehicle accommodation area: 0 14 sq. ft. sq. ft. sq, ft. trees *Existing trees retained in compliance with Section 315 will be credited according to their actual crown radius, Shaded • area may be calculated as follows: 3,14 X (crown radius)2 shaded area. Trees planted within the vehicle accommodation area are credited with shading 707 eq. ft. (Based on Crown radius of 15 ft.). Mew or existing trees on the perimeter of the parking lot are credited for having only half a crown over the vehicle accommodation area (e.g., new perimeter trees will be crediting for shading 354 sq. ft.). Generally all trees planted in compliance with the screening requirements of Article 5, Part I and the street tree requirements of Section 510 will be considered perimeter trees. When smaller trees such as Dogwoods are planted, the credited shading area will be adjusted downward to 314 sq, ft. for Interior trees and 157 eq, ft, for perimeter trees. (Based on a crown radius of 10 ft.), F.� Guide For Planting Trees 1. The trees recommended in Section E-10 have minimal maintenance requirements. However, all trees must receive a certain degree of care, especially during and immediately after planting. In order to protect an • investment in new trees, the developer and his or her agents should follow these guidelines when planting: (a) the best times for planting.are early spring and early fall. Trees planted in the summer run the risk of dehydration; (b) plant all trees at least three and one-half 0 1/2) feet from the end of head-in.parking spaces in order to prevent damage from car overhangs; (c) dig the tree pit at least one (1) foot wider than the root ball and at least six (6) inches deeper than the ball's verticle dimension; (d) especially in areas where construction activity has compacted the soil, the bottom of the pit should be scarified or loosened with a pick ax or shovel; (e) after the pit is dug, observe sub -surface drainage 15 conditions. Most soils in the area are poorly drained. Where poor drainage exists, the tree pit should be dug at least an additional twelve (12) Inches and the bottom should be filled with coarse gravel; (f) backfill should Include a proper mix of soil, peat moss and nutrients, RII rooms must be completely covered, Backfiii should be thoroughly watered as It Is placed around the roots; (g) immediately after it is planted, the tree should be supported with stakes and guy wires to firmly hold it in place as Its root system begins to develop. Staked trees will become stronger more quickly. Remove stakes and ties after one (1) year; (h) spread at least three (3) inches of mulch over the entire excavation in order to retain moisture and keep down weeds. Rn additional three-inch (3) saucer of mulch should be provided to form a basin around the trunk of the tree. This saucer helps catch and retain moisture; • (1) the lower trunks of new trees should be wrapped with burlap or paper to prevent evaporation and sun scald. The wrapping should remain on the tree for at least one (1) year; and,* (j) cvonscientious post -planting care, especially watering, pruning and fertilizing, is a must for street and parking lot trees. Branches of new trees may be reduced by as much as a third to prevent excessive evaporation. 16 eu �. center. lit J. 6' high evergreen w screening shrubbery planted 4' on center. a io c 1 � . n Large trees L4 JU Jb ------------ '- - _- -- — planted 40' on center. - 0 6' high redwood fencd. • , Tall evergreen trees, stagger planted* with branches touching ti,e ground. n . • •• .• ,�'' " • • - •• '. ' ' .dam?';: , •• ., .. •. • .,�.' • { ., Small trees planted 1 a 30' on center• iCa=� Ilk 3' high stone wall. a ~.'E + '^ ' • ^ ::.,r" '.�� �+=�� ,-?�='a 1rr.�' r.y`;5.� 'ram." � - N :. f Small trees planted 20-30' b ' �1 on center on top of a berm. a f: ,i1 t r Y a v, • }1170 • r' -� 3' high seeded earth berm. D ) + vD a +.I A . Large trees r ny -a�o1 y s planted 40' D� Li on center. All Oil '� Y b Al u u�i! tb LD y (,.+ i b D'� L J y`•� 3' high evergreenIF hedge shrubbery 1 planted 3' on center. A0 Small trees planted tri 30 ' on center. � t. d .zfy .. 0 Small trees. lanted p. n 30' on center. `n ro . t. Split rail fence. OOP D ➢ �' y ' °'• Large trees planted 40' on center. 1 lb e'. 1, b j "� yob#vb r ,0.0 YV107 , /vb r L 1. 1y� ff)oJ y3 r J u L ° ��✓ _ Assorted shrubbery. - Guide for Planting Shrubs Shrubs planted for screening purposes should be given a proper • culture and sufficient room in which to grow. Many of the guidelines for tree planting listed in Section E-5 also apply to shrubs. However, because specific requirements vary considerably between shrub trees, this Appendix does not attempt to generalize the needs of all shrubs. For detailed planting information or individual species, refer to: Landscape Plants of the Southeast by R..Gordon Halfacre and Anne R. Showeroft. -- Lists of Recommended Trees and Shrubs 1. The following lists indicate plantings which will meet the screening and shading requirements of Article 5 of the Unified Development Ordinance. The lists are by no means comprehensive and are Intended screening and shading purposes. Plants were selected for inclusion on these lists according to four principal criteria: general suitability for the coastal section of North Carolina, ease of maintenance, tolerance of County conditions, and availability from area nurseries. When selecting new plantings for a particular site, a developer should first consider the types of plants which are thriving on or near that site. Accordingly, native North Carolina species should often be favored. However, If an introduced species has proven highly effective for screening or shading in coastal areas, it too may be a proper selection. 2. Sections E-10 through E-15 contain descriptions of the trees and shrubs listed here. (a) Small Trees for Partial Screening {1} River Birch (2) American Hornbeam (3) Eastern Redbud (4) Flowering Dogwood (5) Washington Hawthorn (6) Russian Olive • 17 (7) Mountain Siiverbell (6) American Holly (9) Golden Rain Tree • (10) Crape Myrtle (11) Sourwood (12) Carolina Cherry -Laurel (13) Cailery Pear (b) Large Trees for Evergreen Screening (1) Deodar Cedar (2) Southern Magnolia (3) Carolina Hemlock (c) Large Trees for Shading, (1) Norway Maple _ (2) Red Maple (3) Ginkgo (4) Honeylocust (5) Sweet Gum (6) London Plane -Tree (7) Sycamore (8) Eastern Red Oak (9) Willow Oak (10) Scarlet Oak (11) Laurel Oak (12) Littleleaf Linden (d) Small Shrubs for Evergreen Screening (1) Glossy Abelia (2) Warty Barberry (3) Wintergeen Barberry (4) Dwarf Horned Holly (5) Littleaf Japanese Holly (6) Convexa Japanese Holly (7) Indian Hawthorn (8) Azaleas and Rhododendrons (9) Japanese Yew (e) Large Shrubs for Evergreen Screening • 18 (1) Hedge Bamboo (2) Thornu Elaenaus (3) Burford Holly (4) Youpon Holly (5) Laurel or Sweet Bay (6) Japanese Privet (7) Fortune Tea Olive (8) Red Photinia (9) Louretinus Uiburnum (f) Assorted Shrubs for Broken Screens (1) Japanese Barberry (2) Fringetree (3) Border Forsythia (4) Uernal Witch Hazel (5) Common Witch Hazel (6) Pfitzer Juniper (7) Drooping Leucothoe (8) ' Winter Honeysuckle (9) Star Magnolia (10) Northern Barberry (11) Judd Uiburnum (12) Doublefile Uiburnum E-K Small Trees for Partial Screening 0 The following trees are recommended for use in all types of screens. Though smaller than the trees listed in planting lists E-11 and E-12, each of these trees will reach a height of at least 20 feet. Selections marked with an M are also recommended as shade trees and may be credited for meeting the 20% shading requirement for paved parking lots. RIUER BIRCH (Betula nigra) Height; 20-40'; Spread; 8-16'. The River Birch is a native tree which usually grows along stream banks. in landscape design, it is adaptable to either high or low locations, but still requires a lot of moisture. This tree has an interesting, papery bark and a graceful branching habit. It has no special pest or maintenance problems. 19 *RMERICAN HORNBEAM (Carpinus carolinia) Height: 20-30'; Spread: • 15-20'. This native tree has a natural yet refined appearance. It is slow growing, but at maturity it serves as an excellent small shade tree. Its fluted, "muscular" trunk is an interesting feature. In the wild, the American Hornbeam is common in moist rich soil, yet, when used in landscape design, it is soil tolerant and does not require an unusual amount of water. It has no pests and no special maintenance problems. EASTERN REDBUD (Cercis canadensis) Heights: 20-30'; Spread: 12-25'. This native tree is covered by beautiful pink flowers in the Spring and develops a dense round crown when allowed to grow in direct sunlight. The Redbud has some pests, and its fruits pods may present a litter problem, but it recommends Itself for being drought resistant and tolerant of polluted County air. *FLOWERING DOGWOOD (Cornus florida) Height: 15-30'; Spread: 15-20'. The Dogwood is a native woodland tree which is very popular for landscape planting. It 13 considered to be a fairly hardy tree, but, when planted In direct sun,'it must be frequently watered, R healthy Dogwood will develop attractive horizontal branches and a bushy crown. Dogwoods look best when planted In groups or when used as an accent In borders. These trees should be guarded against borers and other pests. WASHINGTON HRWTHORN (Crataegus phaenophyrum) Height: 25- 30'; Spread: 25-30'. Hawthorns generally require spraying to prevent disease and Insect infestation. However, they are an excellent choice for screening because of their extremely dense and thorny branches. They have proved to be excellent as a headlight screen on highway medians and, when planted close together, they form an Impenetrable living fence. They prefer sun and • 20 are tolerant of most types of soil, The Washington Hawthorn Is generally considered to be the best of the Hawthorns. • RUSSIRN OLIVE Spread: 20-30'. (Elaegnus ougustifolia) Height: 15-20'; The Russian Olive can withstand severe exposure and will grow In almost any soil. Its toughness and wide spreading habit make it an exceptional screening plant. The foliage is an attractive silver-gray color and its flowers, thought inconspicuous, are very fragrant, The Russian Olive is especially notable for its rapid growth. It has no pest problems but it may require periodic trimming of dead twigs. MOUNTAIN SILUERBELL (Halesla monticola) Height: 20-40'; Spread: 20'. Siiverbeils are attractive multi -stem trees which are native to the southeastern United States, They are excellent plants for a natural effect and are best placed where their small flowers and pods will be closely observed. Compared to other trees on this list, its crown is more open and Irregular, The Mountain Silverbell has no pests, no maintenance problems, and no special soil requirements, RMERICRN HOLLY (Ilex opaca) Height: 15-30'; Spread: 10- 20'. This familiar native tree possesses a pyramidal evergreen crown with abundant red berries in the winter. It grows best In full sun and prefers moist yet well drained soils. If the lower limbs are allowed to grow naturally, they will branch to the ground. Hollies should be protected from high winds, The Rmerican Holly Is a relatively slow grower. GOLDEN RRIN TREE (Koelreuteria paniculato) Height: 20-30'; Spread: 15-20'. This is an extremely hardy tree, tolerant of County conditions, drought resistant, and capable of growth in most kinds of soil. It bears beautiful yellow flowers and • .. 21 interesting seed pods on its rounded crown, The Golden Rain. Tree is a rapid grower but is relatively short lived. CRAPE MYRTLE (Logerstroemia indica) Height: 15-25'; Spread: 15-20'. This popular flowering tree is decorative and interesting in all seasons. However, it should not be expected to stand alone as a screen. It is most effective against an evergreen background, It grows best In direct sun and may develop mildew problems when planted in shade. Crape Myrtle may be pruned to a desired shape, but when left on Its own it will form a densely branching crown. SOURWOOD (Oxyndrum arboreum) Height: 20-30'; Spread: 10- 15'. Sourwoods are handsome native trees which are most effective In landscape design when planted in groups. They are easy to transplant and as each tree matures it assumes a slender form with upright branches. Sourwood prefers relatively dry acid soils, Its only special maintenance problems may be Infestations of webworms. • CAROLINR CHERRY-LRUREL (Prunus caroliniana) Height: 20-30'; Spread: 15-20'. This tree is prized for its dense evergreen foliage. It may be trimmed as a hedge, but also serves as an excellent screen in its natural form. The Cherry -Laurel grows rapidly and has no pests. However, it may not be as cold hardy as other trees on this list. *CALLERY PEAR (Pyrus calleryana) Height: 20-40'; Spread: 20-30'. The Callery Pear has recently gained popularity as a County road tree because it is impervious to air pollution. Furthermore, it will grow in relatively infertile soils. It is a beautiful, upright tree which grows rapidly and is long lived. However, it may be subject to an assortment of pests and diseases. The "Bradford" variety is recommended for its vigorous habit of growth. • 22 E_11 Large Trees for Evergreen Screening The following trees are ideal for screening large scale areas such as shopping centers and industrial sites. They are also effective in combination with other, smaller screening plants. RII three (3) are moderate to fast growers. They are not considered to be shade trees. DEODRR CEORR (Cedaus deodara) Height: 40-150'; Spread: 30'+. The Deodar Cedar is a useful and attractive evergreen. It should be allowed plenty of room in order to assume its beautiful natural form. Its pendulous branches should be allowed to touch the ground. It prefers relatively dry soils, grows rapidly, and is easy to maintain. "True Cedars" such as the Deodar are not native to North America, but they have become quite popular in the South as a landscape tree. SOUTHERN MRGNOLIR (Magnolia grandiflora) Height: 40-60'; Spread: 25'+. Magnolias are striking trees which serve mall as screens when their branches are allowed to grow to the ground. Generally, this tree does well in County conditions,.but it should be planted In quite rich acidic soils and it requires a Jot of moisture. Furthermore, Magnolias require ample space for growth. If planted in full sunlight, they will grow rapidly. Because it drops large waxy leaves, seed pods, and flowers, the Magnolias may present a litter problem. CRROLINR HEMLOCK (Tsuga caroliniana) Height: 30-70'; Spread: 20'+. This native of rocky locations in the North Carolina mountains adapts well to County locations. It may be sheared or pruned to any shape, but when it grows naturally, its graceful branches form an excellent high screen. The Hemlock prefers cooler, partially shaded locations and does best in highly fertile soils. It grows quite rapidly. 23 E-12 Large Trees for Shading • The following trees may be used for screening, but they are recommended especially for shading trees and parking lots. Unless otherwise noted, they will grow rapidly. Each species will attain a mature spread of at least thirty (30) feet. HORWRY MRPLE -(Rcer Qlatanoides) Height: 40-50'; Spread: 50'+. Maples as a group are not particularly tolerant to County conditions. The Norway Maple is an exception, however, as it is relatively invulnerable to air pollution and has no special maintenance requirements. This tree assumes a wide spreading form and provides very dense shade. In the autumn, the leaves are a brilliant red and yellow. The Norway Maple grows rapidly, but it is subject to Ice and wind damage. Plenty of room should be available for its shallow roots and it should be given ample water. RED MRPLE (Acer rubrum) Height: 40-50'; Spread: 25'+. • This tree is an example of a Maple which is not recommended where there will be high concentrations of air pollution. However, with its excellent shading characteristics and beautiful colors, It should not be Ignored. This tree grows rapidly, but, unlike the Norway Mapie,'it does not become brittle with age. The Red Maple is a native tree which is usually found in moist, even swampy areas, but it adapts well to a variety of situations. Although subject to Maple insects and diseases, it is usually a long lived tree. GINKGO or MAIDENHAIR TREE (Ginkgo biloba) Height: 40-80'; Spread: 30'+. The Ginkgo is a tree which is recommended for several outstanding reasons. It Is one of the oldest surviving species of trees. it is adaptable to any soil, climate, or degree of exposure to the sun. It does quite well In the County. It has no pests, no diseases, and no pruning requirements. in sum, it is a tree of exceptional vitality. The N.C. Department of Forest Resources calls the Ginkgo, • 24 "probably the best all around street tree." Two reservations are worth stating; however, first, only male trees should be • planted because female Ginkgos bear a messy, malodorous fruit and second, the Ginkgo is a slow grower. When young, it has a rather gangly appearance. It takes 25 to 30 years to assume its mature, symmetrically spreading form. HOHEYLOCUST (Gleditisia triocanthos) Height: 50-75'; Spread: 25'+. Its open, spreading form and feathery leaves may give the Honeylocust a frail_ appearance, but it is in fact a quite sturdy tree, notable for its resistance to County conditions. Grass and shrubs thrive beneath a Honeylocust because It casts light shade. This tree is especially useful for its ability to be transplanted at a relatively advanced age. Accordingly, it may be used for immediate effect in a landscape design. The Honeylocust has its own pests and diseases, but it is fairly hardy. Thornless and fruitless varieties such as 'Moraine" are recommended. SWEET GUM (Liquidamber styrocifiuo) Height: 60-100'; Spread: 50'+. The Sweet Gum is a native bottomland tree which adapts to a variety of soils. Its dense foliage and balanced form make it an excellent shade tree for large open areas. The Sweet Gum needs sun and plenty of. room to achieve maximum size and beauty. In the fall, its leaves turn a brilliant wine and gold color. Other than clean up of its prickly seed balls, the Sweet Gum poses no special maintenance problems. LONOON PLRHE-TREE (Platanus acerifolia) Height: 70-100'; Spread: 30'+. The London Plane -Tree is excellent for streets and parking Jots for a variety of reasons. It puts out its branches high enough above the ground so as not to obstruct traffic. its broadly spreading crown makes it especially useful along wide roads. The London Plane is one of the world's hardiest trees In polluted air. Although it needs plenty of sun and 25 moisture, it is undemanding about soil. Finally, it is very long lived. The London Plane -Tree is a hybrid of the Sycamore, and like the Sycamore, it may suffer from certain diseases, However, it is more resistant to leaf blight than the Sycamore. SYCRMORE (Platanus occidentalis) Height: 70-100'; Spread: 60'+. The Sycamore Is probably the fastest growing shade tree on this list, Within ten (10) years, it can grow to a height of between thirty (30) and forty (40) feet. It is easily transplanted, but it needs plenty of space. Rs one of nature's most massive trees,-Sycomores have been known to grow to a height of 170 feet with a trunk 10 feet across. The Sycamore is a native tree which typically grows in flood plains, but it thrives in a variety of situations. Its tolerance of severe conditions has long made it a favorite choice as a street tree. Sycamores are susceptible to fungi and leaf blight and their large leaves and seed balls may present a litter problem. ERSTERM RED ORK (Quercus rubra) Height: 50-70'; Spread: This tree grows faster than any other, Oak, two (2) feet or more per year. It is prized as a tree because its high branching habit gives it an ideal shape. The Red Oak grows in almost any average soil and presents no special maintenance problems. WILLOW ORK (Quercus phelios) Height: 60-80'; Spread: 30'+. This is another rapidly growing Oak. It has proven to be quite successful as a street and parking lot tree. Its slender leaves give it a finer texture than that of other Oaks, but it still casts excellent shade. The Willow Oak is native to bottomland soils, and thus it needs plenty of moisture. It often spreads majestically as it matures so it should be given ample room to grow. Ho significant pests or diseases afflict the Willow Oak. 26 SCARLET ORK (Quercus coccinea) Height: 60-80'; Spread: 40'+. 40 This is a third Oak which grows rapidly and is easy to maintain. The Scarlet Oak is more difficult to transplant than the Red or the Willow, but It may be a worthwhile selection for its excellent foliage. LAUREL OAK (Quercus laurifolia) Height: 40-60'; Spread: 30'+. The Laurel Oak grows more slowly than the other Oaks listed above, but it has the advantage of being nearly evergreen in coastal sections of North Carolina. It has proven to be a good street tree and does quite well under County conditions. It presents no special maintenance problems. LITTLELERF LINDEN (Tili.a cordata) Height: 30-50'; Spread: 25'+. Lindens are notable for their exceptional symmetry and their ability to grow in poor soils. The Littieleaf Linden requires plenty of moisture, but It has proven to be useful for County • planting and is especially recommended as a street tree, With Its many thick branches and abundant foliage, the Linden provides very dense shade. It should be sprayed for aphids In order to prevent sticky droppings from the leaves. E=1� Small Shrubs for Evergreen Screening The following shrubs are recommended for informal (unclipped) hedges or screens. Each species grows to a height of less than six (6) feet; therefore, these shrubs are appropriate for semi -opaque screens. GLOSSY RBELIR (Abelia grandiflora) Height: 4-6'; Spread: 3- 5' Abelio is quite common in local nurseries and.tends to be less expensive than other shrubs on this list. It bears pale pink flowers throughout the summer. Although it has proven quite popular for informal hedges, It has several drawbacks. Rbelia should be pruned and thinned to maintain its best form. it • 27 __... _ .. ......... .-........... . .. ............ may drop its leaves due to low temperatures, lack of pruning, or starvation. WARTY BARBERRY (Barberis verruculosa) Height: 3-4'; Spread: 3-4'. Burberrys as a group have proven to be excellent as hedge plants. With their dense, spiny limbs, they are effective barriers in public places. The Warty Barberry is a shrub with a neat, compact habit. It Is soil tolerant and has no special maintenance requirements. It grows slowly, but it will reach a height of three (3) to four (4) feet within five (5) years. WINTERGREEN BARBERRY (Berberis julianae) Height: 4-6'; Spread: 2-5'. This is another Barberry which forms an impenetrable thorny hedge. In fact, it grows even more densely than the Warty Barberry. It is pest resistant and is very hardy. No pruning Is required. Because it is fairly slow growing, it will take eight (8) to ten (10) years to reach a height of five (5) to six (6) feet. • DWARF HORNED HOLLY (Ilex cornuto 'rotunda') Height: 3'; Spread: 3-4. This shrub is an excellent selection for a low hedge. It is soil tolerant and requires no pruning or other special care once established. With its spiny leaves, this plant appears to be and is in fact rugged. Like all Hollies, it grows best in full sun, but unlike others of its species, it produces bright red berries without both sexes being present. LITTLELERF JAPANESE HOLLY (Ilex crenata 'microphyila') Height: 4-6'; Spread 5-7'. This Holly is a good substitute for the more finicky and often more expensive Boxwood. It withstands pruning, but is quite attractive in its natural form. Although considered to be slow growing, it will form a stiff six (6) feet tall hedge • 28 within ten (10) years. The Littleleaf Japanese Holly grows well In both sun and shade and does well In County conditions. CONUEHR JAPANESE HOLLY (Ilex crenate 'convexa') Height: 4- 6'; . Spread: 3-5'. The Convexa Japanese Holly is another good Boxwood substitute. This shrub is considered to be one of the most attractive, hardy and serviceable Hollies for landscape use. It is attractive in either a clipped or unciipped form. It grows faster than the Littleleaf Japanese Holly. IHDIA HAWTHORN (Raphiolepis indiea) Height: 3-4'; Spreads 4-5'. With its spreading, irregularly brancing, the India Hawthorn makes an excellent informal hedge. It is tolerant of a variety of soils and is fairly drought resistant. However, it may not be as cold tolerant and pest resistant as other shrubs on this list. AZALEAS and RHODODENDRONS (Rhododendron species) Heights 3'+; Spread: 3'+. Many varieties of Azaleas and Rhododendrons are dense and evergreen and are, therefore, good screening material. The universal popularity of this large shrub family belies the fact that its members must not be planted indiscriminately. Re a group, Rhododendron species prefer cool, moist, well drained, acidic soil which has a fairly high organic content. They do best in shade or partial shade particularly when they are planted in extremely hot or windy locations. If planted In full sun, they should receive plenty of water. In spite of these requirements, once established in good soil with the correct culture and water, both Rhododendrons and Azaleas tend to take care of themselves. Some relatively hardy and vigorous species are: Kurume Azaleas (R. obtusum); Snow Azaleas (R. mucronatum), Indian Azaleas (R. Indicum), and the native Carolina Rhododendron (R. corolinianum). JAPANESE YEW (Taxus cuspidate) Height: 4-6'; Spread: 5-7'. • 29 The versatile Yew is commonly available from local nurseries In a wide variety of sizes and shapes. The Japanese Yew serves as excellent screening material In either a clipped or unclipped form. It tolerates poor growing conditions and flourishes in almost any kind of soil. (Soggy soil may hamper Its growth, however.) It is comparatively pest free and is hardy under trying winter conditions. The Yew's best feature Is its rich shiny green needles which grow densely on all varletles. E-1i Large Shrubs For Evergreen Screening The following shrubs are recommended for high hedges or screens. Each species grows to a height of more than six (6) feet; therefore, these shrubs are appropriate for Opaque Screens. THORNY ELRENOUS (Elaengus pungens) Height: 8-10'; Spread: 6-10'. This shrub is tolerant of many adverse conditions. It will grow rapidly in relatively infertile, dry soils. Its dense • thorny branches form an excellent natural hedge. It Is one of the most common evergreen shrubs in the south. . BURFORD HOLLY (Ilex cornuta 'Burfordli') Height: 8-15'; Spread: 6-6'. The Burford Holly has been called, "one of the best and most serviceable of all broad leafed evergreens for general planting in the South." It is soil tolerant, grows rapidly, requires no pruning, and usually has no pest problems. Its dark green leaves lack the usual Holly -spines. YRUPON HOLLY (Ilex vomitoria) Height: 5-15'; Spread: 6- 12'. This Is another versatile Holly, slower growing than the Burford, but equally as adaptable to adverse conditions. It Is a native shrub which has proven to be one of the most drought resistant of all Hollies. It may be clipped to 0 30 maintain any desired height. The Youpon Holly is very heavily frulted and will attract birds. is LAUREL or SWEET BAY (Laurin nobilis) Height: 10-12'; Spread: Laurel is a tough low maintenance shrub which does best In fertile, well drained soils. Pruning is not required but it may be sheared to any desired form. It screens well with.a single row planting. The Laurel has been a popular landscaping plant since ancient times. JAPAHESE PRIM (Ligustrum japonicum) Height: 6-10'; Spread: 5-6'. The Japanese Privet will survive almost any adversity Including heat, cold, drought, air pollution, and poor soil. Accordingly, it is one of the most popular hedge plants in America. This and other Ligustrums are fast growing and remarkably pest free. They are ideal as a high screen in large scale areas. It has been said that if a Ligustrum will • not grow in a particular location, then nothing will. FORTUNE TEA OLIUE (Osmanthus fortunes) Height: 9-12'; Spread: 5-7'. This Osmanthus hybrid is a popular, though non-descript, shrub. With its vigorous growth, It will form an excellent screen or border. It is soil tolerant. The Fortune Tea Olive is most notable for its inconspicuous yet highly fragrant flowers. RED PHOTINIA (Photinia glabra) Height: 6-10'; Spread: 4- 5' This low maintenance shrub is often selected for its glossy saw toothed leaves which are a bright red when they first appear. Photinia forms a good hedge when planted in full sun. It has somewhat looser foliage than other plants on this list. is 31 c.,. �_c..: r. ..t.. ...,.<. ......._.t:, ....__ .::.:_,. _.d..; _., ..... ....::. .:... ....... _. ........_ ......., ... ....... _... ............„ ... , .... ,.. _. ._........, . . In recent years, Red Photinia has become very popular in the Southeast. LRURESTINUS UIBURNUM Spread: 10-12'. (Ulburnum tinus) Height: 10-12'; This Uiburnum is prized for Its luxuriant dark green foliage. It is valuable for screens and, though sometimes clipped as a formal hedge, It can remain uncut for years and still keep Its good form. It grows best in medium fertile soils and prefers dry conditions in the late summer. RII Ulburnums withstand County conditions well. E-15 Assorted Shrubs for Broken Screens The following is a sampling of shrubbery which would be appropriate in a Broken Screen. Because many of these plants are deciduous, they are not suitable for Opaque and Semi - Opaque Screens. (Note: Many of the evergreen shrubs described In planting list E-13 and E-14, are also suitable for Broken Screens.) • JRPRHESE BRRBERRY Spread: 3-5'. (Barberis thunbergii) Height: 3-5'; The following is a extremely common deciduous shrub is considered to be one of the toughest members of the Barberry family. It survives drought, poor soils, exposure, and the worst County conditions. With its many thorns, the Japanese Barberry is often used as an impenetrable barrier, but is attractive enough to stand alone as a specimen plant. It requires no special maintenance and, when planted singly, needs no pruning. FRINGETREE (Chioanthus virginicus) Height: 10-30'; Spread: 8-10'. The Fringetree is known for its profusion of beautiful flowers. It is considered to be one of the most striking native American shrubs. It Is relatively difficult to transplant, but once established it does well In counties as 9 32 it endures heavy smoke and dust. The mature Fringetree's only drawback is that Its leaves appear rather late In the Spring. • BORDER FORSYTHIA (Forsythia intermedia) Height: 6-10'; Spread: 7-10'. Forsythias are well known shrubs which bloom bright yellow quite early in the Spring. There are two (2) commonly available forms of this shrub: the weeping Forsythia suspense and the more upright Forsythia intermedia, the latter is preferred for screening purposes. With its graceful branches, the Border Forsythia presents a good deciduous foliage mass and should be given plenty of room to grow. It transplants easily and withstands poor growing conditions. It should be thinned occasionally to ensure vigorous growth. UERNRL WITCH HAZEL (Hamamelis vernalis) Height: 4-6'; Spread: 2-3'. This rapidly growing native shrub is excellent for bordering and naturalizing. It assumes a dense, upright form, thriving in even the most polluted air. Other than plenty of watering, • the vernal.Witch Hazel requires no special maintenance. COMMON WITCH HAZEL (Hamamelis virginiona) Height: 8-15'; Spread: 7-14'. This shrub is a larger version of Uernal Witch Hazel with many of the some qualities. It is another native woodland plant which has adapted well to landscaping uses. The Common Witch Hazel is recommended for shady areas, but when planted in the sun it grows to be a splendid well rounded specimen. It is especially useful in large areas. PFITZER JUNIPER (Juniperus chinensis 'Pfitzeriana') Height: 4-6'; Spread: 6-9'. This evergreen is recommended for Broken Screens rather than full fledged hedges because its form lends itself to massing rather than row planting. Pfitzer Juniper has been known to grow six (6) feet high and spread ten (10) to fifteen (15) feet within ten (10) years. Thus It should be given plenty of • 33 room to grow. Despite its exotic appearance, it is.a commonly used landscape plant. Junipers, as a group, withstand hot, • poor, dry soils of County areas probably better than any other evergreens. However, they do suffer from certain pest problems and should therefore be watched closely once they are planted. DROOPING LEUCOTHOE (Leucothoe fontonesiona) Height: 3-4'; Spread: 4-6'. Drooping Leucothoe is a moundlike shrub which is good for planting in front of and between other flora and beneath trees. It is hardy in County conditions and gives a natural effect when planted along borders. This native evergreen is graceful and attractive in all seasons. It is easy to transplant but requires a heavy mulch and should be provided with at least partial shade. Old branches should be pruned occasionally to stimulate new growth. WINTER HONEYSUCKLE (Lonicera frograntissima) Height: 6-8'; Spread: 6-8'. The only resemblance between this shrub and the more familiar • Honeysuckle vine is its extremely fragrant flowers. The Winter Honeysuckle has a leathery semi -evergreen leaves and assumes a globe shape as it rapidly grows. It is a tough plant, soli tolerant and virtually maintenance free. STAR MAGNOLIA (Magnolia stellata) Height: 10-12'; Spread: 8-10'. This handsome specimen shrub is considered to be the hardiest of all the Magnolias. It forms a broad, rounded mass. It becomes tree -like with age but continues to branch to the ground. Early In the Spring, it produces numerous fragrant white flowers. The Star Magnolia should not be planted adjacent to shallow rooting trees. It should be allowed plenty of sun. NORTHERN BAYBERRY (Myrica pensylvanica) Height: 3-6'; Spread: 3-8'. 34 This shrub, often used for windbreaks at the beach, is also effective for shrub masses in Coastal areas. Its ability to tolerate salt and sands translates Into a quality for withstanding the rigors of County life. Bayberry normally forms a dense, spreading mound. While it is evergreen at the shore, it may annually drop its leaves in less temperate climates. JUDD UIBURNUM (Uiburnum juddii) Height: 8'; Spread: 6'. Uiburnums are sturdy shrubs which are commonly available In area nurseries. The Judd Uiburnum is rounded and dense. It bears loose clusters of fragrant white flowers in the early Spring. If given plenty of water, it will grow rapidly. Its fall fruit is attractive to birds. DOUBLEFILE UIBURNUM (Uiburnum plicatum tomentosum) Height: 8-10'; Spread: 8-10'. The Doublefile Uiburnum grows larger than the Judd and is noted for its strong horizontal branching habit. It is a very serviceable accent plant in shrub borders. The Doublefile Uiburnum should be carefully watered in periods of extended drought. i� • 35