Zoning Ordinance-1991

•
COUNTY OF PASQUOTANK
Zoning Ordinance
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of the
County of Pasquotank
North Carolina
Adopted: March 25, 1991
Effective: " May 6, 1991
Ken Weeden and Associates, Inc.
1994 Eastwood Road I Wflnungton. NC 28043 1(919) 256-3047

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•
Pasquotank County Zoning Ordinance
Prepared by:
The County Planning Board
David Harris, Chairman
Calvin Kirby, Vice Chairman
James Fletcher
Rufus Jackson
for
Fred Riley
William A. Small
Paul Stallings
The County Board of Commissioners
Patsy McGee, Chairman
W.C. Witherspoon, Vice Chairman W.C. Owens
Jimmy Dixon Horace Pritchard
Zee B. Lamb Tim Thornton
Randy Keaton, County Manager
Karen Jennings, Clerk to the Board
H.T. Mullen, Jr., County Attorney
Technical Assistance Provided by:
Ken Weeden & Associates, Planning Consultants
Wilmington, North Carolina
'The preparation of this report (map, document, etc.) was financed in part through a grant
provided by the North Carolina Coastal Management Program, through funds provided by
the Coastal Resource Management Act of 1972, as amended, which is administered by the
Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric
Administration.

ZONING ORDINANCE
OF THE
is
COUNTY OF PASQUOTANK, NORTH CAROLINA
TABLE OF CONTENTS
Page
Article I. Title, Enactment and Purpose 1
Section 1.01 Title, Enactment, and Preamble 1
Section 1.02 Short Title 2
Section 1.03 Purpose 2
Article II. Establishment of Zoning Districts, and Provision for Zoning Map 2
Section 2.01 Official Zoning Map 2
Section 2.02 Zoning Map Changes 2
Section 2.03 Replacement of Official Zoning Map 3
• Section 2.04 Responsibility for Maintenance of the Official Zoning Map 3
Section 2.05 Rules for Interpretation of Zoning District Boundaries 3
Article III. Exemptions 4
Section 3.01 Bona Fide Farm Operations Exempt 4
Article IV. Definitions of Terms 4
Section 4.01 General Interpretations 4
Section 4.02 Word and Term Definitions 4
Article V. Establishment of Zoning Districts 13
Section 5.01 Districts Established 13
Section 5.02 R-15, Residential District 13
Section 5.03 R-25, Residential District 13

Section 5.04
RMH-15, Residential District
13
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Section 5.05
Section 5.06
C-1, Commercial District
1-1, Industrial
13
District
14
Section 5.07
A-1, Agricultural District
14
Section 5.08
O & I, Office & Industrial District
14
Section 5.09
MF, Multi -Family District
14
Article VI. Application of General Regulations
14
Section 6.01
Use
14
Section 6.02
Only One Main Building, One Main Use on Lot and
Orientation of Building
14
Section 6.03
Minimum Yards
14
Section 6.04
Lot Subdivision
14
Section 6.05
Certificate of Occupancy
15
Article VII. District Regulations
15
Section 7.01
Table of Permitted Uses
15
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Section 7.02
Notes to Table of Permitted Uses
23
Article VIII. Table of Area, Yard and Height Requirements 24 (a)
Section 8.01 Notes to the Table of Area, Yard and Height
Requirements 25
Article IX. Provisions for Uses Allowed As Special Uses 27
Section 9.01 Objectives and Purposes of Special Use Permits 27
Section 9.02 Special Use Permits Issued by the Board of Adjustment 27
Section 9.03 Additional Restrictions Imposed on Certain Special Uses 29
Article X. Off -Street Parking and Loading Requirements 34
Section 10.01 General Regulations 34
Section 10.02 Minimum Parking Requirements 36
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Article XI. Sign Regulations
37
Section 11.01
General Regulations
37
• Section 11.02
Projecting Signs Devices
and
38
Section 11.03
Area Computation
38
Section 11.04
Sign Illumination
38
Section 11.05
Conditional Setback
39
Section 11.06
Permanent Subdivison Sign Regulations
39
Section 11.07
Signs Not Requiring a Permit
39
Section 11.08
Outdoor Advertising Signs
40
Section 11.09
Public Service Information Signs
40
Section 11.10
Business Identification Signs
41
Section 11.11
Table of Business Sign Requirements
41
Article XII. Non -Conforming Situations 41
Section 12.01 Definitions 41
Section 12.02 Continuation of Non -Conforming Situations and
Completion of Non -Conforming Projects 42
Section 12.03 Non -Conforming Lots 42
Section 12.04 Extension or Enlargement of Non -Conforming Situations 43
Section 12.05 Change in Kind of Non -Conforming Use 44
Section 12.06 Abandonment or Discontinuance of Non -Conforming
Situations 45
Section 12.07 Termination of Non -Conforming Situations 45
Section 12.08 Completion of Non -Conforming Projects 45
Article XIII. Administration and Enforcement 46
Section 13.01 Enforcement 46
Section 13.02 Building Permit 46
Section 13.03 Zoning Certificate 46
Section 13.04 Certificate of Occupancy/Compliance 47

Section 13.05 Compliance with -State Guidelines for Areas of
Environmental Concern 47
ID
Section 13.05 Penalties for Violation 48
Article XIV Board of Adjustment 48
Section 14.01 Creating the Board of Adjustment 48
Section 14.02 Jurisdiction of Board of Adjustment 48
Section 14.03 Rules for Proceedings 48
Section 14.04 Powers of Board 49
Section 14.05 Appeal to the Board of Adjustment 50
Section 14.06 Appeal from Decision of Board of Adjustment 50
Article XV. Amendment Procedure 50
Section 15.01 Amendment by Own Motion 50
Section 15.02 Amendment by Petition 51
Section 15.03 Protest to Amendment 51
• Article XVI. Legal Status Provisions 52
Section 16.01 Validity 52
Section 16.02 Seperability 52
Section 16.03 Effective Date 52

ZONING ORDINANCE
OF THE
• COUNTY OF PASQUOTANK, NORTH CAROLINA
ARTICLE I. TITLE, ENACTMENT, AND PURPOSE
SECTION 1.01— TITLE ENACTMENT AND PREAMBLE
AN ORDINANCE, IN PURSUANCE OF THE AUTHORITY GRANTED BY THE
NORTH CAROLINA GENERAL STATUTES, ARTICLE 18, CHAPTER 153A-340, FOR THE
PURPOSES OF PROMOTING THE PUBLIC HEALTH, SAFETY, MORALS AND GENERAL
WELFARE; TO PROVIDE FOR THE ESTABLISHMENT OF ZONING DISTRICTS WITHIN
PASQUOTANK COUNTY, TO REGULATE WITHIN THOSE DISTRICTS THE LOCATION,
HEIGHT, BULK, NUMBER OF STORIES, AND SIZE OF BUILDINGS AND OTHER
STRUM, THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED, THE REQUIRED
OPEN SPACE, THE DENSITY OF POPULATION, AND THE USES OF LAND,
BUILDINGS, AND OTHER STRUCTURES; TO PROVIDE METHODS OF
ADMINISTRATION OF THIS ORDINANCE; TO PRESCRIBE PENALTIES FOR THE
VIOLATION THEREOF; AND TO SUPERSEDE ANY ORDINANCES IN CONFLICT
HEREWITH.
WHEREAS, the Pasquotank County Commissioners deem it necessary, for the purpose of
promoting the health, safety, morals or general welfare of the County to enact such an Ordinance,
and
WHEREAS, the County Commissioners have appointed a Planning Board to recommend
• the boundaries of the various original districts and appropriate regulations to be enforced therein,
and
WHEREAS, The Planning Board has divided the County into districts and has prepared
regulations pertaining to such districts in accordance with a plan and appropriate land use studies,
and designed to lessen congestion, to secure safety from fire, panic *and other dangers; to provide
adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of
population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks
and other public requirements, and
WHEREAS, the Planning Board has given reasonable consideration, among other things,
to the character of the districts and their peculiar suitability for particular uses, with a view to
conserving the value of buildings and encouraging the most appropriate use of land through those
areas of the County under the jurisdiction of this ordinance, and
WHEREAS, the Planning Board has submitted it's final report to the County
Commissioners, and
WHEREAS, the County Commissioners have given due public notice of hearings relating
to zoning districts, regulations and restrictions, and have held such public hearings, and
WHEREAS, all requirements of the General Statutes of North Carolina, with regard to the
preparation of the report of the Planning Board and subsequent action of the County
Commissioners have been met;
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NOW THEREFORE,the Board of Commissioners of the County of Pasquotard,North
Carolina, does hereby ordain and enact into law the following Articles and Sections, this the 6th
is
day of May, 1991.
SECTION 1.02 — SHORT TITLE
This ordinance shall be known as the "Zoning Ordinance of Pasquotank County, North
Carolina." The map(s) herein referred to, which is identified by the title "Official Zoning Map of
Pasquotank County, North Carolina," shall be known as the "Zoning Map."
SECTION 1.03 —PURPOSE
In accordance with the provisions of Chapter 153A, Article 18, and Chapter 63, Article 4,
of the General Statutes of North Carolina, and for the purposes more fully set out in those
chapters, the Board of Commissioners of the County of Pasquotank, North Carolina, adopts this
ordinance to provide for the orderly growth and development of Pasquotank County.
ARTICLE II. ESTABLISHMENT OF ZONING DISTRICTS AND
PROVISION FOR ZONING MAP
SECTION 2.01 —OFFICIAL ZONING MAP
For the purpose of this ordinance, the Pasquotank County zoning jurisdiction is hereby
divided into zones or districts as shown on the "Official Zoning Map(s) of Pasquotank County,
North Carolina, " which, together with all explanatory matter thereon is hereby adopted by
reference and declared to be a part of this ordinance.
• The Official Zoning Map(s) shall be identified by the signature of the Chairman of the
County Board of Commissioners and attested by the County Clerk and bear the seal of the County
under the following words:
"This is to certify that this is the Official Zoning Map referred to in Article II of the
Zoning Ordinance of Pasquotank County, North Carolina together with the date of
adoption of this ordinance."
The Official Zoning Map(s), which shall be located in the Pasquotank County Courthouse
and recorded in the Pasquotank County Register of Deeds Office, shall be the final authority as to
the current zoning status of land and water areas, buildings, and other structures in the zoning
jurisdiction of Pasquotank County.
SECTION 2.02 — ZONING MAP CHANGES
If, in accordance with Article XV of this ordinance, changes are made in the zoning district
boundaries or other matter shown on the map, such changes shall be made with an entry on the
map briefly describing the change and the date of the change.
No amendment to this ordinance which involves a matter portrayed on the map shall
become effective until after such change and entry have been made on said map. The Board of
Commissioners shall give official notice of the zoning change to the zoning administrator within
twenty-four (24) hours after passage of said change.
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SECTION 2.03 — REPLACEMENT OF OFFICIAL ZONING MAP
In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to
• interpret, the Board of Commissioners, may, by ordinance, adopt a new official zoning map which
shall be the same in every detail as the map it supersedes. The new map shall bear the signatures of
the Chairman of the Board of Commissioners and the County Clerk and shall bear the seal of the
County under the following words:
"This is to certify that this Official Zoning Map supersedes and replaces the Official
Zoning Map adopted on (date of adoption of map replaced) -- together with the date
of the adoption of the new map."
SECTION 2.04 — RESPONSIBILITY FOR MAINTENANCE OF THE OFFICIAL
ZONING MAP
The zoning administrator shall be responsible for the maintenance of and revision of the
official zoning map. Upon notification by the Board of Commissioners that a zoning change has
been made, the zoning administrator shall make the necessary changes on the official zoning map
within twenty-four (24) hours following notification.
SECTION 2.05 — RULES FOR INTERPRETATION OF ZONING DISTRICT
BOUNDARIES
Where uncertainty exists with respect to the boundaries of any of the districts as shown on
the "Official Zoning Map of Pasquotank County, North Carolina," the following rules shall apply:
1. Boundaries indicated as approximately following the centerline of streets, highways,
alleys, or railroads shall be construed to follow such centerline;
2. Boundaries indicated as approximately following platted lot Imes shall be construed as
following such lot lines;
3. 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 moving
with the actual shoreline; boundaries indicated as approximately following the centerline
of streams, rivers, canals, lakes or other bodies of water shall be construed to follow
such centerline;
4: Boundaries indicated as parallel to or extensions of features indicted in Subsections
through 3 above shall be so construed. Distances not specifically indicated on the
official zoning map shall be determined by the scale of the map;
5. Where physical or cultural features existing on the ground are at variance with those
shown on the official zoning map, or in circumstances not covered by Subsections I
through 4 above, the Board of Adjustment shall intierpret the district boundaries;
6. Where a district boundary Tree divides a lot which was in single ownership at the time
of passage of this ordinance, the Board of Commissioners may permit, as conditional
use, the extension of the regulations for either portion of the lot, not to exceed fifty (50)
feet beyond the district line into the remaining portion of the lot. In addition, the
remaining parcel shall not be less than the minimum required for the district in which it
is located.
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ARTICLE III. EXEMPTIONS
• SECTION 3.01— BONA FIDE FARM OPERATIONS EXEMPT
This ordinance shall in no way regulate, restrict, or prolllbi , a boila fide farm and its ruiated
uses, but any use of such property for non -farm purposes shall be subject to such regulations.
ARTICLE IV. DEFINITIONS OF TERMS
SECTION 4.01 — GENERAL INTERPRETATION
For the purpose of interpreting this ordinance, certain words and terms used are defined in
this section. Except as defined in this section all other words used in this ordinance shall have their
standard dictionary definition. For general interpretation the following shall apply in all uses and
cases in this ordinance:
1. The present tense includes the future tense, and the future tense includes the present
tense.
2. The singular number includes the plural number and the plural number includes the
singular number.
3. The word "may" is permissive, and the "shall" is mandatory.
4. The word "person" includes a firm, association, organization, partnership, trust,
company or corporation as well as an individual.
5. The words "used" or "occupied" include the words "intended, designed or arranged to
be used or occupied."
SECTION 4.02 — WORD AND TERM DEFINITIONS
1. Accessory Use of Structure: A use or structure on the same lot with, but of a nature
customarily incidental and subordinate to, the principal use or structure.
2. Adult Day Care Facility: An Adult Day Care Facility is a center or place operated by a
person, corporation, organization or association which receives a payment, fee or grant for
the care of more than five (5), but not more than fifty (50), adults eighteen (18) years of
age or more for more than four (4) hours per day, but not to exceed twenty-four (24) hours
at one time. Services must be provided in a home or facility certified to meet State
standards and shall be provided for the following individuals:
a. Adults who do not need nursing care but who require complete, full-time daytime
supervision;
b. Adults who need assistance with activities of daily living in order to maintain
themselves in their own homes; and
c. Adults who need intervention in the form of enrichment and opportunities for social
activities in order to prevent deterioration that would lead to institutionalization.
3. Akpgrt A tract of land or water with facilities for aircraft landing, take -off, shelter, supply
• and repair. Often used for receiving and discharging passengers and cargo.
4

4. All A roadway easement which affords only a secondary means of access to abutting
. property and is not intended for general traffic circulation.
5. Alter. To make any structural changes in the supporting or loadbearing members of a
building, such as walls, columns, beams, girders or floor joints.
6. Ap=ent: A room or suite of one or more rooms, each of which have kitchen facilities,
and are designed or intended to be used, as an independent unit, on a rental basis.
7. Areas of Environmental Concern: (AEC's) Areas specifically defined in subchapter 7-H of
Chapter 15 of the North Carolina Administrative Code. These defined areas which may be
located within the jurisdiction of Pasquotank County include: Coastal Wetlands; Estuarine
Waters; Estuarine Shorelines, and Public Trust Areas. If an AEC is involved in any
permitted activity covered by this ordinance, then additional permits may be required by the
State of North Carolina; the four major AEC's are further briefly defined as follows: (See
Article =, Section 13.03).
a. Coastal Wetlands: Any salt marsh or other marsh subject to regular or occasional
flooding by tides.
b. Estuarine Waters: All waters of the Atlantic Ocean, and associated bays, sounds, rivers
and tributaries, within the boundaries of North Carolina.
c. Estuarine Shoreline: Non -ocean shorelines especially vulnerable to erosion, flooding,
or other adverse effects of wind or water, and which are connected to the estuary.
d. Public Trust Areas; All public navigable waters, and lands thereunder subject to
• measurable lunar tides.
8. Assembly: A joining together of completely fabricated parts to create a finished product.
9. Bed and Breakfast Inn: A form of guest lodging in which bedrooms are rented and
brealdast is served, where such accommodations are provided only in buildings used
principally as private residences or in accessary structures.
10. Board of Adjustment: A quasi-judicial body composed of representatives from the zoning
jurisdiction area which are given certain powers under and relative to this ordinance.
11. Buffer : A screening device used to moderate the adverse impacts of one land use upon
another. Buffers may include walls, hedges, landscaped areas, berms, additional setbacks,
or combination of the above. See Section 1601.
12. Building: A structure having a roof supported by column or walls, for the shelter, housing
or enclosure of persons, animals or goods.
13. Building, Commercial: Any building used for business purposes.
14. Building, Detached: A building having no party or common wall with another building
except an accessory building.
15. Building, Hei t of: The vertical distance from the average sidewalk or street grade, or
finished grade of the building line, whichever is the highest, to the highest point of the
building.
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16. Building Line: A line located a minimum horizontal distance from the right-of-way line of
street or road parallel thereto, between which and the right-of-way line no building or parts
•
of buildings may be erected, altered, or maintained egrept a-, ntherwite nrnvififfi herein;
r
17.
Building Main: A building in which the principle use of the lot on which the building is
situated is conducted.
18.
Certificate of Occupancy&ompllance: A statement signed by an administrative officer
authorized by the Pasquotank County Board of Commissioners, setting forth that the
building, structure, or use complies with the Zoning Ordinance,and that the same may be
used for the purpose stated herein.
19.
Child Day Care Center: A place operated by a person, corporation, organization or
association which receives a payment, fee or grant for the care of children. Inclusive of
kindergarten, a facility for the care and/or education of pre-school children.
20.
Club or Lodge, Private: An establishment operated by a corporation or association of
persons for social, recreational, fraternal or charitable purposes, but which is not operated
for profit or to render a service which is customarily conducted as a business.
21.
Contractor, General: One who is engaged in all or most aspects of building construction
and/or land development through a legal agreement. ,
22.
Contractor. Trades: One who accomplishes work or provides facilities under contract with
another specifically engages in a special trade such as plumbing, heating, wiring, sheet
metal, roofing work, etc.
• 23.
Drive -In (eating or drinking facility): An establishment that provides employee curb service
or accommodations through special equipment or facilities for the ordering of food or
beverage from a vehicle.
24. Drystack Boat Storage: A dry dock boat storage facility associated with commercial
marinas.
25. Dwelling, Single Family: A detached residential dwelling unit, other than a mobile home,
designed for and occupied by one family only.
26. Dwelling. Multiple: A building used for or designed as a residence for more than two
families living independently of each other.
27. Dwelling Units: A resident structure or that portion of a residential structure used or
designed as a residence for one family.
28. Erect Build, construct, rebuild, reconstruct as the same are commonly defined.
29. Fabrication: Manufacturing, excluding the refining or other initial processing of basic raw
materials such as metal ores, lumber, or rubber. Fabrication relates to stamping, cutting or
otherwise shaping the processed materials into useful objects.
30. Family: One or more persons related by blood, adoption or marriage, or a group of not
more than five persons not related by blood, adoption or marriage living together as a
single housekeeping group in a dwelling unit.
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31. Farm A bona fide farm is defined as any tract of land containing at least three (3) acres
which are used for the dairying or the raising of agricultural products, forest products,
• livestock or poultry, and including facilities for the sale of such products on the premises
where they were produced.
32. Frontage; All property abutting on one side of a street measured along the street line.
33. Garage, Private; A building or space used as an accessory to or a part of the main building
permitted in any residential district that provides storage space for motor vehicles and in
which no business, occupation or service for profit is in any way conducted.
34. Home Care Unit: A facility meeting all the requirements of the Sate of North Carolina for
boarding and care of not more than five persons who are not critically ill and do not need
professional medical attention, to include homes for the aged.
35. Home Occupation: Certain occupations customarily conducted for pmfit within a dwelling
and carried on by the occupant thereof, which use is clearly subordinate to the use of the
dwelling for residential purposes - limitations are prescribed in this ordinance to insure
agamst the growth of a home occupation into a commercial enterprise.
36. Improvements: The addition of any building, accessory building, parking area, loading
area, fence, wall, hedge, lawn or mass planting (except to prevent soil erosion) to a lot or
parcel of property.
37. Junk: Pre -used or unusable metallic parts or other non-metallic manufactured products that
are worn, deteriorated or obsolete making them unusable in their existing condition, but are
subject to be dismantled and salvaged.
38. Junk Yard: A place where junk, waste, discarded or salvaged materials are bought, sold,
exchanged, stored, baled, packed, disassembled or handled, including automobile
wrecking yards, house wrecking, structural steel materials and equipment, but not
including the purchase or storage of used furniture, used cars in operable condition, used
or salvaged materials as part of manufacturing operations.
39. Junked or Wrecked Motor Vehicles; Motor vehicles which do not display a current license
plate or a current registration sticker and which do not display a current inspection sticker
issued by or in the same state as the license plate or registration sticker and which either:
1. are partially dismantled or wrecked; or
2. cannot be self-propelled or moved in the manner in which originally intended.
44. Kennel: A place or facility prepared to house, board (for a long or short term period),
breed, handle, train or otherwise keep or care for dogs and cats of customers, patrons or
others, including lost or strayed animals for compensation or as a humanitarian gesture.
Facilities which solely provide dental, medical or surgical care are exempt from this
definition.
41. Lot: A portion of a subdivision, or any other parcel of land, intended as a unit for transfer
of ownership or for development and which is recorded as such in the Pasquotank County
Register of Deeds office.
42. Lot, Area Of. The parcel of land enclosed within the boundaries formed by the property
lines.
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4 3 . Lot. Corner: A lot abutting upon two streets or roads (including platted but unopened
streets or roads) thus having two (2) front lines.
• 44. Lot Depth: The depth of a lot, for the purpose of this ordinance, is the distance measured
in the mean direction of the sidelines of the lot from the mid -point of the front line to the
mid -point of the opposite lot line.
45. Lot Line: Any boundary of a parcel of land.
46. Lot Line, Front: Any boundary line of a lot running along a street right -of -way -line. If a lot
abuts two right-of-way lines, the front lot line shall be the shorter of the two. If a lot abuts
more than two right-of-way lines the front lot line shall be determined by the Board of
Adjustments.
47. Lot Line, Rear: The lot line opposite the front lot line.
48. Lot Line, Side: Any lot line which is not a front or rear lot line.
49. Lot of Record: A lot, or plat or a map which has been recorded in the Office of Pasquotank
County Register of Deeds. or a lot described by metes and bounds, the description of
which has been recorded in the Pasquotank County Register of Deeds Office.
50. Lot Width: The distance between the side lot lines as measured along the front building
lines as specified by the applicable front yard setback in this ordinance.
51. Marina, Commercial: Any dock or basin and associated structures providing permanent or
temporary commercial harboring more than 10 commercial and/or pleasure boats and
• providing services related to the facility including, but not limited to, fuel sales, retail and
food sales, dry stack boat storage, and other related services. Pump out facilities are
required at commercial marinas.
52. Marina, Residential: A private, non-profit boating facility including, permanent or
temporary docks, piers and/or launching ramp planned for the harboring or storing of ten
or less boats on property having water frontage, the use of which is intended to serve the
residents within an approved subdivision or planned unit development. The right to use
such facility shall be conferred by an easement appurtenant to the residential lots it is
intended to serve. No commercial activities of any kind shall be allowed within the
confines of the facility, including, but not limited to, drystack boat storage, fuel sales, slip
rentals and the like. Pump -out facilities shall be required.
53. Manufactured Home: Manufactured home shall mean a single family dwelling fabricated in
an off site manufacturing facility for installing or assembling on the building site bearing a
seal certifying that it was built in compliance with the Federal Manufactured Housing and
Construction and Safety Standards.
53(a) Manufactured Home, Class A: In addition to the requirements for a Manufactured Home
(Defined in number 53) a Manufactured Home, Class A shall meet the following additional
requirements:
a. The home has a length not exceeding three (3) times its width:
b. 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;
c. 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
L
d. The tongue, axles. transporting lights, and removable towing apparatus are removed
after placement on the lot and before occupancy.
53(b) Mobile Home: Mobile home shall mean a transportable structure designed to be used as a
year-round residential dwelling and built prior to the enactment of the Federal.,Manufactured
Housing Standards Act of 1974 which became effective June 15, 1976.
54. Nonconforming Use; A use of building or land that does not conform with theregulations
of the district in which such building or land is situated but was lawful before adoption of
this ordinance.
55. Nursing Home: A convalescent facility having over five beds meeting all of thr
requirements of the State of North Carolina for the boarding and care of persens who
cannot care for themselves.
t_
56. Nursing and Personal Care Facility: A facility licensed by the appropriate stateagency, as a
facility for unrelated individuals excluding supervisory personnel, who are handicapped,
aged or disabled and are undergoing rehabilitation, or extended care, and are provided
services to meet their specific needs. This category includes group homes for. all ages, half-
way houses, foster and boarding homes.
• 57. Permitted Structural Use: A structure/use meeting all of the requirements of this: ordinance
for the zone district in which it is located.
58. Planned Building Group: A group of two or more buildings or two or more =bile homes
located on a single parcel of land. _
59. Processing: Any operation changing the nature of material or material's chemical
composition or physical properties. Does not include operations described as fabrication.
60. Residential Care Facility: A home with support and supervisory personnel th=provides
room and board, personal care and rehabilitation services in a family environracnt for not
more than six resident handicapped persons.
61. Retail: Sale of a commodity to the ultimate consumer and not customarily subimt to sale
again.
62. Salvage Operation: The reclamation, dismantling or storage of pre -used commodities, junk -
and similar material for the purpose of resale, processing and distribution or deposition.
63. She: Shall mean a waste that is a fluid mixture of partially treated sewage solids.
liquids and sludge of human or domestic waste orgin, pumped from septic tanks,
residential grease traps. or privies. Septage shall be considered that waste which has not
been treated by a process to significantly reduce pathogens.
64. Service Station: A building or lot where gasoline, oil, grease and automotive accessories
are supplied and dispensed to the motor vehicle trade.

65. Serhack i .ine; The tine on the front, rear and sides of a lot which delineates the area upon
which a structure may be built and maintained, according to the district regulations.
66. Ste: Any words, lettering, parts of letters, pictures, figures, numerals, phrases,
sentences, emblems, devices, design trade names or trademarks, by which anything is
known such as the designation of an individual, firm, association, profession, business
commodity or product which are visible from any public way and used to attract attention.
67. Sign, Area of: Sign area shall be computed by the smallest square, triangle, rectangle,
circle or combination thereof which encompass the entire sign including lattice work, wall
work, frame or supports incidental to its decoration. In computing the area, only one side
of a double -face sign structure shall be considered.
68. Sign, Outdoor Advertising: Any sign which advertises an establishment, service
commodity, good or entertainment sold or offered on premises other than that on which
such sign is located.
69. Sludge: Shall mean any solid, semi -solid, or liquid waste generated from a residential,
commercial, municipal, or industrial wastewater treatment plant or water supply treatment
plants not considered to be hazardous by EPA or the N.C. Department of Environmental
Health and Natural Resources. Solid and Hazardous Waste Branch. Sludge shall be
considered that waste which has been treated by a process to significantly reduce
pathogens.
70. Special Use: A use that would not be generally appropriate without restriction throughout
the zoning district but which, if controlled as to number, area, location, or relation to the
neighborhood, would promote the health, safety, morals, general welfare, order, comfort,
conveniences, appearance, or prosperity. Such uses may be permitted in such zoning
district as special exceptions if specific provision for such special exception is made in this
zoning ordinance.
71. Storaae: A depository for commodities or items for the purposes of future use or
safekeeping when such a depository is not a building or structure, the items or commodities
shall be considered outside storage.
7�. Street: A public thoroughfare which affords access to abutting property and is recorded as
such in the office of the Pasquotank County Registrar of Deeds.
73. Structure: See Build.
74. Subdivision: All divisions of a tract or parcel of land (in addition to the undivided
remaining portion of the original undivided tract) into two or more lots, building sites, or
other dividions for the purpose of residential development, whether immediate or future, of
sale, or building development, and shall include all divisions ofland involving the
dedictation 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:
a. The combination or recombination of portions or previously 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 acres where no street right-of-way
40 dedication is involved.
10

c. The public acquisition by purchase of strips of land for the widening or opening of
• streets. '
d. The division of a tract in single ownership whose entire area is no greater than two acres
into not more than three 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.
e. The gift by a property owner of a single lot to his or her child or parent or to each of his
or her children or parents where no new road is involved.
75. Thoroughfare, Major: For the purposes of this ordinance the term major thoroughfare shall
mean the rights -of -way of highways 17, 158, and 34.
76. Trailer, Overnight Camping: For purposes of this ordinance, the following shall be
considered an overnight camping trailer:
a. Travel Trailer: A vehicular, portable structure built on a chassis (other than a mobile
home), designed as a temporary dwelling for travel, recreation and vacation.
b. Pick-up Coach: A structure designed to be mounted on a truck chassis for use as a
temporary dwelling for travel, recreation and vacation.
c. Motor Home: A portable, temporary dwelling to be used for travel, recreation and
vacation, constructed as an integral part of a self-propelled vehicle.
d. Camping Trailer: A canvas, temporary, folding structure, mounted on wheels and
designed for travel, recreation and vacation use.
Such structures shall be considered travel trailers regardless of other titles that may also be
• applicable such as camper, mini, mobile homes, etc.
77. Use: The purpose for which land or structures thereon are designed, arranged or intended
to be occupied or used; or for which it is occupied, maintained, rented or leased.
78. Use, Accessorv: A use incidental to and customarily associated with the Use By Right and
located on the same lot with the Use by Right, and operated and maintained under the same
ownership with the operation of the Use By right.
79. Use By Right: A use which is listed as an unconditionally permitted activity in this
ordinance.
80. Use Situation, Nonconforming: A use of building or land that does not conform with the
regulation of the district in which the building or land is situated.
81. Use, Non -Farm: Any use of property which is not encompassed by the definition of a
farm as so defined in this ordinance.
82. Use, Special: A use permitted in a zone only after specific findings by the Board of
Adjustment or Pasquotank County Board of Commissioners.
83. Variance: A modification or alteration of any of the requirements of this ordinance.
84. Veterinary Clinic: A place or facility which provides dental, medical or surgical care for
dogs, cats and other domesticated animals. Kennels are not included within this definition.
85. Warehouse; A building or compartment in a building used and appropriated by the
11

•
•
occupant for the deposit and safekeeping or selling of his own goods at wholesale, and/or
for the purpose of storing the goods of others placed there in the regular course of
commercial dealing and trade to be again removed or reshipped.
86. Wholesale: Sale of a commodity for resale to the public for direct consumption.
87. Yard: Any open space on the same lot with a building and unoccupied from the ground
upward except by trees, shrubbery, or fences.
88. Yard. Front: A yard across the full width of the lot, extending from the front line of the
building to the front lot line.
89. Yard, Rear: A yard located behind the rear line of the main building, if extended, to the
perimeter of the lot.
90. Yard, Side: A yard between the building and side lot line, extending from the front
building line to the rear building line.
91. Zoning Certificate: A certificate by the Pasquotank County Board of Commissioners or its
authorized agents that a course of action to use or occupy a tract of land or a building. or to
erect, install or alter a structure, building or sign situated in the jurisdictional area of the
zoning ordinance fully meets the requirements of this ordinance.
12

ARTICLE V .
ESTABLISHMENT OF ZONING DISTRICTS
SECTION 5.01
—DISTRICTS ESTABLISHED
For the purpose of this ordinance, the areas included within the boundaries of the
Pasquotanlc County Zoning jurisdiction (Section 2.01), are divided into the following classes of
zones:
R-15
Residential District
R-25
Residential District
RMH-15
Residential Mobile Home District
C-1
Commercial Business District
]-I
Industrial District
A-1
Agricultural District
O&I
Office and Institutional District
M-F
Multi -Family District
SECTION 5.02 — R-15. RESIDENTIAL DISTRICT
This district is defined as low -density residential areas and additional open areas where
similar residential development will be a .sable land use. The minimum lot size is 15,000 square
feet. The uses permitted in this district are designed to stabilize and protect the essential character
of the area and prohibit all activities of a commercial nature except certain home occupations
controlled by specific limitations. Mobile homes and manufactured homes are not permitted.
Manufactured homes, Class A are permitted. (See Articles VI through VIII for permitted uses and
additional area and yard requirements.)
SECTION 5.03 — R-25. RESIDENTIAL DISTRICT
This district is defined as low -density residential areas and additional open areas where
similar residential development will be a viable land use. The minimum lot size is 25.000 square
feet. The uses permitted in this district are designed to stabilize and protect the essential character
of the area and prohibit all activities of a commercial nature except when certain home occupations
controlled by specific limitations. Mobile homes and manufactured homes are not permitted.
Manufactured homes, Class A are permitted. (See Articles VI through VIII for permitted uses and
additional area and yard requirements.)
SECTION 5.0.1— RMH- 15. RESIDENTIAL DISTRICT
This district is defined as low -density residential areas and additional open areas where
similar residential development will be a viable land use. The minimum lot size is 15,000 square
feet. The uses permitted in this district are designed to stabilize and protect the essential character
of the area and prohibit all activities of a commercial nature except when certain home occupations
controlled by specific limitations. Mobile homes and manufactured homes on individual lots are
permitted. (See Articles VI through VIII for permitted uses and additional area and yard
requirements.) `
SECTION 5.05, — C- 1. COMMERCIAL DISTRICT
This district is defined as certain areas that are designed to serve both non-residents and
residents using the major state and count} roads that run through the areas zoned. This district is
designed to accommodate retail or service establishments customarily patronized by transient traffic
as well as non -transient traffic. (See Articles VI through VIII for permitted uses and area and yard
requirements.)
13

Or, r""TINXT ! T / T1TTT T(�TTI ♦ T 1% [�T 14"
J1r1.11V1V GO-1-1, MUST"
This
SECTION 5.09 . MF. MULTI -FAMILY DISTRICT
This district provides for multi -family residential uses, such as apartments, townhouses, or
condominiums, and other limited private and public community uses.
ARTICLE VI. APPLICATION OF GENERAL REGULATIONS
SECTION 6.01 —USE
No building or land shall hereafter be used or occupied and no building or part thereof sha11
be erected, moved or structurally altered except in conformity with the uses and dimensional
regulations of this ordinance, or amendments thereto, for the district in which it is located.
SECTION 6.02—ONLY ONE MAIN BUILDING ONE MAIN USE ON LOT AND
ORIENTATION OF A BUILDING
In all districts every main building hereafter erected or altered shall be located on a separate
lot, as defined in this ordinance, and in no case shall there be more than one main building and
permitted accessory buildings on the lot nor more than one main use (e.g. commercial, industrial or
residential) per building and lot; provided that this requirement shall not apply to motels where
permitted, nor to a bona fide farm use. This ordinance in no way regulates the orientation of a
building.
SECTION 6.03 — MINIMUM YARDS
The minimum yards or other open spaces required by this ordinance, including those
provisions regulating intensity of use, for each and every building hereafter erected or structuralh
altered shall not be encroached upon or considered as meeting the yard or open space requirements
or the intensity of use provisions for any other building.
0 SECTION 6.04 —LOT SUBDIVISION
14

•
No lot shall hereafter be so reduced in area as to cause any open space required by this
ordinance to be less in any dimension than is herein required by the minimum yard requirement of
the zone in which the lot in question is situated.
SECTION 6.05 —CERTIFICATE OF OCCUPANCY
No final Certificate of Occupancy/Compliance will be issued until all required site
improvements have been completed.
ARTICLE VII. DISTRICT REGULATIONS
SECTION 7.01—TABLE OF PERMITTED USES
Districts in which particular uses are permitted as a Use -By Right are indicated by "P".
Districts in which particular uses are permitted a Use -By -Right with certain conditions are indicated
by "P" with a reference to a footnote to this Table.
Districts in which particular uses are permitted as a Special Use upon approval of the Board
of Adjustment are indicated by "S". See Table of Special Uses, for details of each Special Use.
Districts in which particular uses are prohibited are indicated by a blank.
15

•
•
•
ARTICLE VII, cont'd:
TABLE OF PERMITTED USES
AGRICULTURE. FORESTRY FISHING
Agricultural Uses
Kennels (see Note 6)
Veterinaries
Wholesale Nurseries & Greenhouses
MINING
Mining & Quarrying
CONSTRUCTION
General Building Contractor
General Contractors Other Than Building
Landscaping Contractors
Special Trade Contractors
R-15 R-25 RN4H-15 C-1 1- 1 A-1 O&I M-F
S S S
MANUFACTURING (See Notes)
Apparel & Other Finished Products
Bakery Products
Beverages
Cabinet & Woodworking Shop
Chemicals & Allied Products (See Note 2)
Electric & Electronic Machines,
Equipment & Supplies
Fabricated Metal Products
*Offices are permitted in 0&1 provided there is no outside storage.
P P
P P
P P
P S
P P
P S
P P
P
P P
P
P*
P P
P
P*
P P
P
P*
P P
P
P*
S P
S P
S P
S P
P
S P
S P
N
16

•
ARTICLE VII, cont'd:
TABLE OF PERMITTED USES R-15 R-25 RMH-15 C- ! 1-1 A-1 0&1 M-F
Food & Kindred Products
S
p
Furniture & Fixtures
S
p
Instruments & Related Products
S
p
Leather & Leather Products
p
Furniture and Fixtures w/No Outside
S
p
Storage
Lumber & Wood Products
S
P S
Machinery Except Electrical
S
p
Miscellaneous Manufacturing
S
p
Paper & Allied Products
p
Petroleum & Related Products (See Note 2)
p
Primary Metal
p
Printing & Publishing
P
P
Retail Outlets (See Note 7)
p
Rubber & Miscellaneous ducts
p
Slaughter House
p S
Stone, Clay, Glass & Concrete Products
p
Textile Manufacturing
p
Tobacco Manufacturing
p
Transportation Equipment
p
TRANSPORTATION. COMMUNICATION
UTILITIES
Air Transportation
S
P P S
• Bus
& Taxi Terminals
p
p p
Marina,Commercial
p
P
17

�RTIe R , L., VII, coot d
TABLE OF PERMITTED USES R-1 s R-25
RMH-1 s c- t
1-1
A-1 0&1 M.F
Marina, Residential S S
S
S
Electric/Gas & Sanitary Services (See Note 2) P P
P P
P
P P P
Electrical Sub -Stations p p
p p
p
p p p
Junk Yards, Scrap Processing
S
Mini -Warehouses
p
p
Motor Freight Transportation Warehousing
S
p
Post Offices
p
p
TRANSPORTATION, COMMUNICATION
FACILITIES
Railroad Transportation
p
Telephone & Telegraph Facilities
p
p
p
TV, Radio Broadcasting
p
p
Water Transportation Facilities
p
WHOLESALE TRADE
Livestock Sales
p
p
Warehousing
p
p
Wholesaling
p
p
Wholesaling w/No Outside Storage
p
p
RETAIL. TRADE
Apparel & Accessory Store
p
Automobile Service Station
p
Automobile Dealers & Truck Sales
p
0

ARTICLE VII, conVd:
TABLE OF PERMITTED USES
R-ts R-25 RMH-ts c-1
1-1
A-t o&I MT
Boat Dealers
p
Building Materials & Garden Supplies
P
Convenience Food Store
S S S P
P
P S
Drug Store
p
Eating & Drinking Places
P
Entertainment Establishments, Bars,
P
Cabarets, Discos
Farm Implement Sales
p
p
p
Food Stores
p
p
Fruit & Vegetable Stand Produced on Same
P P P P
P P
Parcel as offered for sale
Furniture, Home Furnishings & Equipment
P
General Merchandise Stores
p
S
Handcrafting Small Articles
P
p
Hardware
P
Landscaping Services
P
P
P
Miscellaneous Retail
p
Mobile Home Dealers & Prefabricated Bldgs.
P
p
p
Retail Nurseries
p
p
Shopping Centers
p
FINANCING. INSURANCE REAL ESTATE
Banks, Credit Agendes, Savings & Loans
p
p
0
19

ARTICLE VII, cont'd:
TABLE OF PERMITTED USES R-15 R-25
RMH-15 c-1
1-1
A-1 0&1 M-F
SERVICES
Automobile/Boat Repair, Sales (See Note 1)
P
Automobile Rentals
P
Automobile Service Stations
P
Bed and Breakfast Inn S S
P
S
Business Services Including Printing
P
P
Camping, Travel Trailer Parks
S S
S
Drive-in Theatre
P
Dry Cleaning/Laundry Plant (See Note 3)
P
Electrical Repair Shops
P
P
Equipment Rental & Leasing
P
P
P
Funeral Home
P
Golf Courses P P
P
S P
Hotels/Motels
P
Indoor & Outdoor Recreation Establishments
P
Commercially Operated
Indoor Theatre
P
Membership Sports & Recreation Clubs
P
Parks & Recreation Areas P P
P P
P
P P P
Outdoor Shooting Ranges
S
Personal Services
P
Resort Hotel/Motel
P
•
Stables
P
P
Septic Tank Vacuum Service
P
S
Watch, Clock, Jewelry Repair
P
20

ARTICLE VII, cont'd:
TABLE OF PERMITTED USES
R-1 s
R-25
RMH-1 s C-1
1-1
A-1
o&I
M-F
HEALTH
Adult Day Care
S
S
S
S
S
P
S
Childrees Day Care/Community Center
S
S
S
S
S
P
P
S
Hospitals
S
S
P
Nursing & Personal Care Facilities
S
S
S
S
S
P
S
Residential Care
P
P
P
P
EDUCATION SERVICES
Colleges, Universities, Professional Schools
P
S
S
P
& Technical Institutions
Elementary & Secondary Schools
P
P
P
P
P
Libraries
P
P
P
P
P
P
Museums
P
P
P
MEMBERSHIP ORGANIZATIONS
Churches
P
P
P
P
P
P
P
P
Labor Organizations
P
P
P
Lodges, Fratcrnal & Social Organizations
S
S
S
P
S
S
OTHER
Accessory buildings or Uses, clearly
P
P
P
P
P
P
incidental to the permitted use or building
(See Note 1)
Circuses, Carnivals, Fairs & Side Shows
P
P
P
of no more than 30 days duration per year
Duplexes
S
P
Dwelling Unit Contained Within Another
P
S
S
Principal Use
•
Government Offices & Buildings
P
S
P
VA

ARTICLE VII, cont'd:
TABLE OF PERMITTED USES
Home Occupation (See Note 4)
Mobile Home
Manufactured Home
Manufactured Home, Class A
Mobile Home Park
Multi -Family Dwellings
Offices for Private Business & Professional
Activities
Outdoor Adverting
Research Facilities
Residential Private Pier
Sanitary Landfill
Septage and Sludge Disposal
Single Family Dwelling
Single Family Dwelling (a t.t4 cjxp d )
Temporary Sign
Recycling Collection Center
Cemeteries
R-15 R-25 RMH-15 C-1 I-1 A-1 O&I M F
P P
P
P
P'
P
P
P
P
P P
P
S
S
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
S
S
S
S
P
P
P.
S
S
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
S
S
S
P
P
P
S
S
S
S
S
S
S
S-
22

•
SECTION 7.02 — NOTES TO THE TABLE OF PERMITTED USES
NOTE 1. Accessory Uses
In C-1 district there shall be no open storage as an accessory use. In the I-1 district open storage as
an accessory use shall be permitted provided it is enclosed by a fence not less than six feet in height
No permanent residential occupancy shaIl be allowed a an accessory use in C-1 and I-1 districts. An
accessory use in a R-15, R-25, RMH-15 or A-1 district, shall not include the residential occupancy of
an accessory building except by domestic employees on the premises and the immediate families of
such employees. Swimming pools as an accessory use in A-1, R-15, R-25 or RMH-15 districts shall
be enclosed by protective fencing not less than five feet in height.
NOTE 2. Storage of Flammables
The storage of flammables shall not be permitted or considered a Use -By -Right except in an I-1
district and when such authorization for said use is given by the Pasquotank County Fire Marshall
relative to compliance of proposed storage facilities with State and Pasquotank County fire regulations.
NOTE 3. Dry Cleaning or Laundering
Dry cleaning and laundering establishments shall be permitted when only oil, gas or electricity is
used for heat Screening and filtering devices shall be used to prevent the emission of smoke, dust,
fumes, odors, or steam into the atmosphere.
NOTE 4. Home Occupation
Home occupations are permitted only as an incidental use and are limited to the following:
a. The office or studio of a physician, artist (not inclusive of a studio of a commercial photographer),
general or trades contractor, musician, insurance agent, lawyer, real estate broker, teacher or other
like professional person residing on the premises, provide no chattels or goods, wares or
merchandise are commercially created, displayed, exchanged or sold;
b. Workshops not conducted for profit;
c. Customary home occupations such as millinery, dressmaking, laundering or pressing and tailoring
conducted by a person residing on the premises;
d. Rooming and/or boarding of not more than three persons; for which a rent is charged;
e. Single operator beauty shop or barber shop; and
Provided furthermore the home occupations listed above shall be permitted subject to the following
limitations:
° No display of products;
No mechanical equipment shall be installed or used except such that is normally used for domestic
or professional purposes and which does not cause noises or interference in radio and television
reception;
° No accessory buildings or outside storage shall be used in connection with the home occupation;
23

•
° Not over 25% of the total floor area or 500 square feet of the principal residence, whichever is
less, shall be used for a home occupation;
° Only residents of the dwelling may be engaged in the home occupation except any physician,
dentist or other professional licensed by the State of North Carolina shall be allowed to have one
nurse or assistant who is not a resident of the dwelling.
NOTE 5. Industries
The following industrial uses shall not be allowed:
a. The manufacturing, processing, fabrication and/or bulk storage of acetylene gas (except for use on
premises), ammunition, explosives, fireworks, gunpowder, junk or matches;
b. The manufacturing, processing, fabrication of acids (except non -corrosive acids), ammonia,
ammonium nitrate, animal by-products, bleaching powder, cellulose, chlorine, cresote and cresote
treatment, detergents, enamels, lacquers, "lime", linoleum, oil cloth, paints, paper pulp, pigments,
lime plastic, rubber (except tire recappers), soaps, tannery products, turpentine, varnishes, whiting
and/or wood fillers. The fabrication of plastic is exempt from this prohibition.
NOTE 6. Kennel Operations
If the rear lot lines or side lot lines of a kennel operation, which is permitted in the B-1 commercial
district directly abuts a residential district, then such operation shall be completely enclosed within a
building. No outside storage of animals may be permitted.
NOTE 7. Retail Outlets in the I-1 Industrial District
Limited Retail outlets may be developed in conjunction with certain industries whereby products
sold are limited to those produced on the premises. As a permitted use, such retail space shall be
limited to a maximum of 25% of the gross floor space of the principal manufacturing facility.
24

ARTICIA-1 VI11. TABLE OF AREA, YARD AND HEIGHT REQUIREMENTS
MAXIMUM
DISTRICT
- �---------------
MINIMUM LOT SIZE
MINIMUM YARD REGULATIONS
(See Notes 2 and 3)
HEIGHT
OF
STRUC-
TURF
(See Note 4)
- �--
____
Front
Side
Rear
Mituniurn
Lot with at
Yanl
Yard
Yarxl
Area in
front set
Setback
Width
Depth
Square Feet
back line
in Feet
in Feet
in Feet
In Feet
As required by the Pasquotank County
100
30
10
30
35
Agricultural
Sanitarian but no less than 15,000
N
iv R-15
15,000 or larger as required by
100
30
10
30
35
Residential
Pasquotank County Sanitarian
R-25
25,000 or larger as required by
100
30
10
30
35
Residential
Pasquotank County Sanitarian
RMH-15
15,000 or as required by Pasquotank
100
30
10
30
3.5
Residerrliril
County Sanitarian
C-1
15,000 or as required by Pasquotank
75
25
10
10
35
Comrncrcial
County Sanitarian
1-1
25,000 or as required by Pasquotank
100
25
10
10
56
Industrial
County Sanitarian
0&1
15,000 or as required by Pasquotamk
75
25
10
20
35
Office & Institutional
County Sanitarian
MF
15,000 or as required by Pasquotank
100
30
10
30
35
Multi -family
County Sanitarian

SECTION 8.01— NOTES TO THE TABLE OF AREA, YARD AND HEIGHT
REQUIREMENTS
•NOTE 1. Special Use Requirements Take Precedence
Area, yard and height requirements as specified in the issuance of a Special Use Permit shall take
precedence over area, yard and height requirements as set forth in the TABLE OF AREA, YARD
AND HEIGHT REQUIREMENTS.
NOTE 2. Variance for Prior Lots of Record
Notwithstanding the other setback provisions of this ordinance a building or structure may be
constructed and occupied by one -family on any lot recorded priorto adoption of this ordnance and
meeting all of the requirements of the Pasquotank County Sanitarian and maintaining minimum side
yards of 5 feet, a front yard of 25 feet and a rear yard of 20 feet.
IMI
On a corner lot, in a residential district area, a side yard setback consisting of a minimum distance
of 20 feet shall be maintained between any building and the side street. On a corner lot in a
commercial, agricultural, or industrial district, a side yard setbackconsisting of a minimum distance of
20 feet shall be maintained. This requirement shall not be appliectso as to reduce the building width of
a residentially zoned corner lot of record at the time of passage of this ordinance to less than 40 feet,
nor to prohibit the erection of any accessory building where this requirement cannot reasonably be
complied with as determined by the Board of Adjustment~
0 b. Retaining Walls
The setback and yard requirements of this ordinance shall notapply to a retaining wall not more
than five feet high, as measured from the lowest ground elevation to the top of the wall. The Board of
Adjustment may permit a retaining wall greater than five foot height where it finds that due to the
topography of the lot such a wall is necessary.
c. Fences and Walls
In residential zones, fences and walls not over four feet high may project into or may enclose any
front yard, however, no fence may be constructed on or in a public street right-of-way. Side and
rear yards may be enclosed by fences or walls up to six feet high. In the I-1 and C-1 zones a solid
or open fence or wall may be erected to a maximum height of tar feet
d. Open Storage
Any open storage not enclosed within the confines of a building, such as boxes, crates, trash -piles,
machinery and merchandise with open display, that results from the commercial operation it is part
of, shall be enclosed or hidden from view along any property limes adjacent to or in a residential
zone by a wall, fence and/or screening. This provision shall apply in any commercial or industrial
use abutting or within a residential zone.
e. Accessory Buildings
Detached garages and accessory buildings to residential uses may be constructed in the rear yard
provided they are located no closer than five feet to any adjoining lot line, except on the street side
25

•
•
yard of a corner lot where the setback shall be one-half of the distance of the required front yard
setback.
NOTE 4. Height Restrictions/Modifications
In addition to the height limitations listed in the Table of Area, Yard and Height Requirements, any
building in C-1, and I-1 districts may be increased in height provided that a ratio of floor area to lot
area, excluding yard requirements, of 8 to 1 is adhered to. At no time shall the gross floor area of the
building exceed by eight times the allowable building area of the lot.
NOTE 5. Buffer Requirements
Where the rear lot Imes or side lot lines of industrial property abuts a residential district, a
minimum side yard and rear yard of 75 feet shall be required Additionally, a densely planted and
maintained vegetative buffer shall be required. Such buffer shall reach a minimum height of eight (8)
feet within three years. No such buffer shall, however, extend nearer a sheet right-of-way line than the
established building line of the adjoining residential lot. No buffer strip shall be required upon any
rear lot line or side lot line,which abuts a public street.
26

ARTICLE IX PROVISIONS FOR USES ALLOWED AS SPECIAL USES
• SECTION 9.01 Objectives and Purposes of Special Use Permits
Special Use Permits add flexibility to the Zoning Ordinance. Subject to high standards of planning
and design, certain property uses may be allowed in the several districts where these uses would
not otherwise be acceptable. By means of controls exercised through the Special Use Permit
procedures, property uses which would otherwise be undesirable in certain districts can be
developed to minimize any negative effects they might have on surrounding properties.
SECTION 9.02 Special Use Permits Issued by the Board of Adjustment
General Requirements
9.02-1 Special Use Permits may be issued by the Board of Adjustment for
the establishment of uses listed as special uses in Article VII after a
public hearing.
9.02-2 The owner or owners, or their duly authorized agent, of the property
included in the petition for a Special Use Permit shall submit an
application to the Pasquotank County Planning Department at least
ten (10) working days prior to the date of review by the Board of
Adjustment. An application fee established by the County
Commissioners shall be paid to the County of Pasquotank, North
Carolina to cover necessary administrative costs and advertising
expenses. Such application shall include all of the requirements
pertaining to it in this Article.
• 9.02-3 Upon receiving the petition for a Special Use Permit and holding a
hearing, the Board of Adjustment may grant or deny the Special Use
Permit requested. The Special Use Permit, if granted shall include
such approved plans as may be required.
In granting the Special Use Permit the Board of Adjustment shall
find.
a. that the use will not materially endanger the public health or
safety if located where proposed and approved;
b. that the use meets all required conditions and spec ifkations;
c. that the use will not substantially injure the value of adjoining or
abutting property, or that the use is a public necessity; and
d. that the location and character of the use, if developed according
to the plan as submitted and approved, will be in harmony with
the area in which it is to be located and in general conformity
with the plan of development for Pasquotank County.
9.02-4 In granting the permit the Board of Adjustment may designate such
conditions in addition and in connection therewith, as will in its
opinion, assure that the use in its proposed location will be
harmonious with the area in which it is proposed to be located and
with the sport of this Ordinance. All such additional conditions shall
27

be entered in the minutes of the meeting at which the permit is
granted and also on the certificate of the Special Use Permit or on the
• plans submitted therewith. All specific conditions shall run with the
land and shall be binding on the original applicants for the Special
Use Permit, their heirs, successors and assigns. A Special Use
Permit, issued by the Board of Adjustment shall become null and
void if construction or occupancy of the proposed use as specified
on the Special Use Permit is not commenced within twelve (12)
months of the date of issuance. Time extensions for the Special Use
Permit may be granted by the Board of Adjustment provided
applications for extensions are submitted in writing to the
Pasquotank County Planning Department prior to expiration.
Although the Board of Adjustment may grant more than one
extension of a permit, no single extension shall exceed a period of
six months. A Board of Adjustment decision on an extension may
be appealed in conformity with the requirements of Section 9.02-6.
of this Ordinance.
9.02-5 If the Board of Adjustment denies the Permit, the Board shall enter
the reasons for its action in the minutes of the meeting at which the
action is taken.
9.02-6 Every decision by the Board of Adjustment issuing or denying a
Special Use Permit shall be subject to review by the Superior Court
by proceeding in the nature of certiorari. Any petition for review by
the Superior Court shall be filed with the Clerk of Superior Court
within 30 days after the decision of the Board is filed in the Office of
the Qerk to the Board of Commissioners or after a written copy
• thereof is delivered to every aggrieved party who has flied a written
request for such copy with the Clerk or Chairman of the Board of
Adjustment at the time of the hearing of the case, whichever is later.
9.02-7 In addition to the specific conditions imposed by the regulations of
this Ordinance and whatever additional conditions the Board deems
reasonable and appropriate, special uses shall comply with the
height, yard, area and parking regulations for the use district in
which they are permitted unless otherwise specified.
9.02-8 In the event of failure to comply with the plans approved by the
Board of Adjustment or with any other conditions unposed upon the
Special Use Permit, the Permit shall thereupon immediately become
void and of no effect. No building permits for further construction
or certificates of occupancy under this Special Use Permit shall be
issued, and all completed structures shall be regarded as non-
conforming uses subject to the provisions of Article VII of this
Ordinance provided, however, that Pasquotank County shall not be
prevented from thereafter rezoning said property for its most
appropriate use.
9.02-9 The original apphcant(s), their successors or their assignee may
make minor changes in the location and/or size of the structure
provided the necessity for these changes is clearly demonstrated:
Minor changes shall be reviewed by the Planning Department and
• upon favorable recommendation by the Planning Director may be
NUN

approved by the Building Inspector. Such approval shall not be
granted should the proposed revisions cause or contribute to :
ra. A change in the character of the development.
b. A change of design for, or an increase in the hazards to
pedestrian and vehicle traffic circulation, or
c. A reduction in the originally approved setbacks from roads
and/or property lines.
SECTION 9.03 Additional Restrictions Imposed on Certain Special Uses
The Board of Adjustment may grant permission for the establishment of the
following uses, subject to any specific conditions either set forth below or
which the Board may deem necessary to satisfy the conditions set forth in
Section 9.02 of this Article.
9.03-1 Cemetery - A cemetery shall meet the minimum requirements of the
North Carolina State Burial Commission.
9.03-2 Convenience Food Store - A convenience food store may be
permitted in all of the R-15 Residential Districts, subject to the
requirements of the district in which it is to be located and provided
that:
a. The total amount of land devoted to such use shall not exceed
one (1) acre.
b. The gross square footage of the structure shall not exceed three
thousand (3,000) square feet.
c. The use shall be limited to providing convenience food sales and
gasoline sales to the surrounding residential area, provided that
vehicular services such as, but not limited to, auto repair, sale of
auto accessories, washing, etc. shall not be permitted.
d. A convenience food store shall not be permitted within the
interior of a subdivision.
e. Specifications for a proposed principal use sign shall be
submitted with the application for the Special Use Permit.
f . Off-street parking shall meet the requirements outlined in Article
X for retail use.
g. Fuel sales may be approved provided such sales shall be limited
to one (1) pump island located a minimum distance of thirty (30)
feet from any street right-of-way and forty (40) feet from any
side or rear lot line.
9.03-3 Fraternal and Social Organizations - Fraternal and social
organizations may be allowed in the R-15, R-25, RMH-15 or A-1
Io districts subject to the requirements of the district where located and
041

•
provided that:
a. The lot size shall be no less than twenty thousand (20,000)
square feet for new ronsmc. mn and no lest than fifteen
thousand (15,000) square feit for the conversion of existing
buildings;
b. The usable floor space shall beano less than two hundred and
fifty (250) square feet per resident;
c. The off-street parking requirements in this Ordinance be met;
and
d. The parking lot shall be provided with a continuous visual buffer
with a minimum height of six (6) feet. The buffer shall be a
combined fence and evergreenhedge or shrubbery screen.
9.03-4 Hospital or Nursing and PersonaMare Facilities - A hospital or
nursing and personal care facilitymay be permitted in the R-25, R-
15, RMH- l 5, C-1, or A-1 districts subject to the requirements of the
district and provided that:
if
a. The lot size shall be no less tll=two (2) acres; and
b. The structure shall have mir4= side and rear yards of fifty
(50) feet and a front yard of itb ast twenty-five (25) feet greater
than that required of single fay residences within the district
in which located.
9.03-5 Private Club or lodge - A priva4cbzb or lodge may be permitted in
any residential district and the A-1 district subject to the requirements
of the district and provided that:
a. All new sites shall be no less thaw two (2) acres in size:
b. Structures shall have minimu=side and rear yards of fifty (50)
feet and a front yard of at least twenty-five (25) feet greater than
that required for single family residences within the district
located; and
c . Provisions for food, refreshmeMr, and entertainment for club
members and their guests maybe allowed in conjunction with
such use if the Board of Adjustment determines that said
provisions will not constitute annisance.
9.03-6 Sanitary Landfill - A sanitary landuilmay be permitted in the I -land
A-1 Districts subject to the requirements of the district and provided
that•
a. No refuse shall be deposited within one hundred (100) feet of
the nearest property line; and
b. The operation of said fill shall be carried out in accordance with
M

Department of Environment, Health, and Natural Resources.
9.03-7 Travel Trailer Park - A travel trailer park may be permitted in the
RMH-15 and A-1 districts subject to the requirements of the district
to be located and the requirements of the Pasquotank County Mobile
Home and Travel Trailer Park Ordinance.
9.03-8 Child Day Care Center - A child day care center may be permitted in
any residential and industrial district subject to the dimensional
requirements of the district and provided:
a. Off-street parking meets the requirements of Article X of this
Ordinance;
b. A paved or otherwise improved driveway, with ingress and
egress directly onto a public street, is constructed in such a
manner as to provide entrance to and exit from the property
without backing onto the street right-of-way;
c. The entire play area is enclosed with a fence having a minimum
height of four (4) feet and constructed in such a manner that
maximum safety is ensured;
d. No outside sign in excess of two (2) square feet in area shall be
permitted; and
e. The construction and operation of such facilities shall comply
with the provisions of the General Statues of the State of North
Carolina and any other applicable Federal, State or local codes.
9.03-9 A dwelling unit incidental to and contained in the same buildmD as
the principal use provided that:
a. The purpose of this provision is to allow close physical
proximity required by the owner -operator or a full time
employee to efficiently transact a small business and yet maintain
economically and safely a family dwelling unit within the same
structure;
b. The dwelling unit shall be occupied solely by the person
engaged in the principal use, a full time employee, or their
family members residing with them;
c. The building shall meet the minimum side and rear yard
requirements of the R-15 (single family) district in all cases.
The front yard shall conform to the requirements of the
appropriate C-1 or O&I district;
d. The site shall provide an area of open space, unobstructed by
any buildings, parking or structures, equal to the total floor
space of the dwelling unit;
e. The amount of floor area for the dwelling unit shall be not
more than fifty percent (50%) of the total floor area of the
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•
principal use;
f, The, dwe2hirr unit shall he, lncatexj tntAly shnve the s3m ind f!nnr
---,, - a
or totally to the rear of the principal use so as not to interrupt the
commercial frontage;
g - In addition to the required off-street parldng for the principal
use, two (2) off-street parldng spaces shall be provided for the
dwelling unit; and
h. A site plan and a building layout plan shall be presented with any
Special Use Permit application; and
i. A mobile home may be used as a separate and unattached
residential structure under this provision; provided:
1. An area of 15, 000 square feet can be designated for the use
of residents, free from any use or activity needed to operate
the business; 4.
2. The mobile home shall be screened from view by adjacent
properties or rights -of -way; and
3. Items b, c, f, g, and h above shall beamcorporated in the site
review and approval of this subsectipi
9.03-10 Residential Marina -This type of use may be -permitted as a special
use in any residential district, provided:
a. A buffer shall be provided along all property lines abutting
residential property;
b - Night lighting by design and construction shall be contained on
the site; and
c. A site plan shall be submitted for review =d approval.
9.03-11 Septage and Sludge Disposal - Sludge disposal may be permitted in
an A-1 District. Septage disposal may be permitted in an I-1
Industrial District subject to the requirements of the district and
provided:
a. The operation and responsibility of said use shall be carried out
in accordance with all standards and rules prescribed by the
N.C. Department of Environment, Health, and Natural
Resources and the County Health Department;
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•
9.03-12 Outdoor Shooting Ranges - Outdoor Shooting Ranges may be
permitted in the A-1 district subject to the requirements of the district
and provided that:
All_I-__�'... _____ _1__11 L_ __at__1- _ .7:.._.___ C _.._
a. run snoou ng areas snnau oe setvacx a iiniiiiiiiuiii uiswiu;e un cnie
hundred feet (100) from any street right-of-way;
b. The firing range shall have a natural earth embankment a
minimum of fifteen (15) feet high placed behind all targets
within the shooting area;
c. The firing range shall be posted "No Trespassing - Danger -
Shooting Range" at one hundred (100) foot intervals around the
perimeter;
d. At least one qualified individual in the sponsoring club or
organization shall be certified for shooting range supervision.
Each facility shall adopt safety rules and regulations as
determined by the sponsoring club or organization;
9.03-13 Junkyards, Scrap Processing - A junkyard or scrap processor may
be permitted in the Industrial 0-1) District, subject both to the
requirements of that district, and to the requirements of the
"Ordinance Regulating the Operation or Maintenance of Automobile
Graveyards and Junkyards in Pasquotank County " (April, 1987),
the latter having certain restrictions regarding fencing and proximity
to residential areas.
9.03-14 Bed and Breakfast Inn - Bed and breakfast inns may be permitted in
the R-15 and R-25, residential districts and the A-1 district subject to
the requirements of those districts, and where the buildings are
principally used as private residences, or in accessory structures as
defined in Sections 4.02(i) and 8.01 (e) of this Ordinance. Such
accommodations are intended to offer temporary lodging in a private
home which usually has architectural and/or historical interest, rather
than the provision of food service or the offering of facilities for
long-term occupancy, such as provided by boarding houses, inns,
and similar guest lodging. Plans for such a use must be submitted to
the Planning Department at the time of request for a Special Use
Permit.
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9.03-15 Colleges, Universities, Professional Schools and Technical
Institutions - Such appropriate educational facilities may be
developed in the Industrial (I-1) and Agricul_wral (A-1) district_.;
subject to the requirements of those districts and a case by case
review by the Pasquotank County Planning Department concerning:
a. Appropriateness and feasibility, including parking, ingress and
egress;
b. Aesthetics; and
c. Compatibility with surrounding land uses.
9.03-16 Adult Day Care Center -An adult day care facility maybe permitted
in any residential district and the A-1 district, subject to the
dimensional requirements of the district and provided:
a. Off-street parking meets the requirements of Article X of this
b. A paved or otherwise improved driveway, with ingress and
egress directly onto a public street, is constructed in such a
manner as to provide entrance to and exit from the property
without backing onto the street right-of-way;
c. No outside sign in excess of four (4) square feet in area shall be
permitted; and
d. The construction and operation of such facilities shall comply
with the provisions of the General Statutes of the State of North
Carolina and any other applicable Federal, State or local codes.
9.03-17 Du 1p exes - Duplexes may be permitted in the Agricultural (A-1)
district, subject to the requirements of the district and that the
proposed development is in keeping with the rural, low -density
requirements of the district.
9.03-18 Government Offices and Buildings - Appropriate state, local, and
federal offices and buildings maybe permitted in the Industrial (I-1)
district (especially those of a regulatory nature) subject to the
requirements of the district and review by the Pasquotank County
Planning Department.
ARTICLE X OFF-STREET PARKING AND OFF-STREET LOADING
REQUIREMENTS
Section 10.01 General Regulations
1. If structures or uses are enlarged, expanded or changed, there shall be
provided off-street parking for the enlargement or expansion in accordance
with the ratios contained herein. If existing land uses are converted to
. another type of land use or re-classified by the Ordinance, then the off-street
ratios as contained herein must be complied with.
34

•
2. Off-street parking space (either garage or properly graded open space) shall
be provided in accordance with the requirements set forth below in all
classes of districts. In cases where different parking and/or loading
requirements are specified in Section 9.0, Provisions for Special Uses,
those ratios shall have precedence over the parking requirements specified in
this section.
3. Each applicant for a Cerdficate of Occupancy/Compliance submitted to the
Pasquotank County Building Inspector as provided for in Section 13.02
shall include information as to:
a. Location and dimensions of off-street parking and loading space;
b. Distance between that parking/ioading space and the street or alley; and
c. Ingress and egress of the property.
This information shall be in sufficient detail to enable the Planning Board or
its authorized agents to determine whether or not the requirements of this
Ordinance are met.
4. The Certificate of Occupancy/Compliance for the use of any building,
structure or land where off-street parking or loading space is required shall
be withheld by the Pasquotank County Building Inspector until provisions
of this section are fully met. If at any time such compliance ceases, any
Certificate of Occupancy/Compliance which shall have been issued for the
use of the property shall immediately become void and of no effect.
5. Where parking or loading areas are provided adjacent to a public street,
ingress or egress thereto shall be made only through driveways or openings
not exceeding twenty-five (25) feet in width at the curb line of said street,
except where the Planning Board or its authorized agent finds that a greater
width is necessary to accommodate the vehicles customarily using the
driveway.
6. No part of an off-street area required for any building or use for the purpose
of complying with the provisions of off-street parking requirements in this
ordinance shall be included as part of any off-street parking area similarly
required for another building or use unless the times of usage of such
buildings or uses will not be simultaneous.
7. Off-street parking space shall be located on the same lot as the use for which
provided or on a separate lot within two hundred 200 feet of any entrance to
the building, provided that such parking space land is owned by the owner
of the building or leases for the same period of time as the building.
8. The off-street parking requirements for two (2) or more uses on the same lot
may be combined and used jointly, provided that the parking space shall be
adequate in area to provide the same total off-street parking requirements
with all such uses.
35

9. In the C- land I-1 districts, no parking shall be provided that would
necessitate an automobile backing onto any street right-of-way. Sufficient
maneuvering space shall be provided on the lot to enable the motorist to
40 enter all street rights -of -ways in a fmrward d hrer on,
SECTION 10.02 Minimum Parking Requirements
Uses Parking Requirements
Residence, single-family 2 spaces
Residence, duplex 4 spaces
Offices 1 space for every 250 square feet of gross
floor area
Retail business 1 space for every 200 square feet of gross
floor area; 1 space minimum
Churches 1 space for every 8 seats in principal
auditorium
Auditoriums, Stadiums and
1 space for every 5 seats
Theatres
Motels, Tourist Homes and
1 space for every rental room
Boarding Houses
Medical Clinics
1 space for every 250 square feet of gross
floor area
Marinas
1 space each per boat slip or per dry
storage berth (commercial).
Wholesale establishments, ware-
l space for every 3 employees during
houses, and other businesses not
maximum employment and 1 space for
catering to retail or package trade.
every truck to be stored or stopped
simultaneously.
Industries
1 space for every 1.5 employees during
maximum employment and 1 space for
every truck to be stored or stropped
simultaneously.
Institutions and Clubs
1 space for every 5 seats in principal
assembly room.
Community or Private Swimming
1 space for every 5 memberships.
Clubs
Dwelling unit having home beauty
2 additional spaces
or barber shop.
•
36

•
•
Day Care Center
Restaurants or other eating places
1 space for each adult attendant and 1
space for every 6 children or fraction
thereof.
1 space for each 4 seats
Special situations which are not covered by the above shall be handled by the Board of Adjustment.
The Board of Adjustment shall make the final determination as to the number of spaces to be required,
but shall in all cases give due consideration to the needs.
ARTICLE XI SIGN REGULATIONS
Section 11.01 General Regulations
1. These regulations shall apply in all districts. With the exception of legal
notices, identification, information, directional or regulatory signs erected or
required by governmental bodies or otherwise specifically excepted herein,
no exterior sign may be erected, painted, repainted, posted, reposted,
placed, replaced, or hung in any district, except in compliance with these
regulations.
2. With the exception of those signs specifically authorized in the preceding
paragraph or Section 11.07, no sign may be erected without a permit from
the Pasquotank County Planning Director. Application for permits shall be
submitted on forms obtainable at the Office of the Pasquotank County
Planning Director. Each application shall include a statement by the
applicant attesting to compliance with the requirements of this ordinance. If
conditions warrant, the Planning Director may require such additional
information as will enable him to determine if such a sign is to be erected in
conformance with this Ordinance.
3. No sign shall be permitted on any public right-of-way except as specifically
authorized herein. No sign shall be attached to or painted on any telephone
pole, power pole, or other man-made object not intended to support a sign,
nor on any tree, rock or other natural object, except as specifically
authorized herein.
4. Signs shall not obstruct any window, door, fire escape, stairway, ladder, or
opening intended to provide light, air, ingress or egress for any building,
structure or lot. No sign shall:
a. Be erected or continued that would tend by its location, color or nature,
to be confused with or obstruct the view of traffic signs or signals, or
would tend to be confused with a flashing light of an emergency vehicle;
or
b. Use words such as "stop", "go", "slow", "danger", etc., which might
be confused with traffic directional signs or signals; or
c. Obstruct the line of sight of motorists at intersections or along a public
right-of-way.
37

5 . All signs of a temporary nature shall be removed within one week after their
reason for being has ceased to exist; provided, however, that when a shorter
plod of time, is spec f1P.fj for removal of Rton s elgewhP..re in th1C nrdJnanar.
the shorter time period shall be observed.
6. All signs shall be maintained in a state of good repair. No signs shall be
continued which become structurally unsafe and endangers the safety of the
public or property. The Planning Board or its authorized agent, upon
discovering or having brought to his attention evidence of an unsafe sign,
shall order that such sign be made safe or be removed. A period of five
days following receipt of said notice by the person, firm, or corporation
owning or using the sign shall be allowed for compliance.
Section 11.02 Projecting Signs and Devices
1. Projecting signs, outdoor advertising signs and similar overhanging
devices, where they are permitted, shall be at least ten feet above the
finished grade of any walkway. Signs attached to the underside of a canopy
shall be at least nine (9) feet above the finished grade of any walkway.
2. Signs affixed flat against the walls of buildings or vertical surfaces of
canopies and not more than twelve (12) inches in thickness shall not be
deemed a projecting sign. Business identification signs mounted on the
parapet or on the roof line and not projecting more than twelve (12) inches
beyond the building face shall not be deemed a projecting sign. The
thickness of such non -projecting signs shall not be used in measuring
setbacks. In no case shall the signs covered in this section extend closer
than two (2) feet to a vertical plane at any street curb line.
Section 11.03 Area Computation
For the purposes of this ordinance, the square footage area of any sign shall be
computed by the smallest square, triangle, rectangle, circle or combination
thereof, which encompass all words, numbers and symbols situated on the sign
including lattice work and wall work, incidental to its decoration.
Section 11.04 Sign Illumination
Where illuminated signs are permitted, they shall conform to the following
criteria:
I . Illuminated signs may have eitheran interior or an exterior source of
illumination or a combination of both.
2. Interior illumination, where the source of illumination is from within the
sign itself, shall be such that the illumination emanating from the sign is
diffused.
3. Exterior illumination, where the source of illumination is provided by such
devices as, but not limited to, flood lights or spot lights, they shall be placed
and shielded as to prevent the direct rays of illumination from being cast
upon neighboring lots and/or vehicles approaching on a public right-of-way
is from any direction.
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Illumination signs are required to be non -flashing; the illumination for the
sign shall not either totally or in part, flash on and off except for public
service information signs as regulated by Section 11.09.
Section 11.05 Conditional Setback
If the lot on which a sign is to be located is zoned other than residential, but is
immediately adjacent to a lot zoned solely for residential use, the distance of at
least twenty (20) feet shall intervene between the closest part of such sign and
the adjacent lot line of the property in the residential zone. Provided further,
that all outdoor advertising signs shall conform to Section 11.08 of this
Ordinance, which requires such signs to maintain a one hundred fifty (150) foot
setback from a lot zoned exclusively for residential purposes.
Section 11.06 Permanent Subdivision Sign Regulations
Permanent subdivision identification signs having a maximum sign area of
thirty-six (36) square feet may be erected There shall be a limit of one double -
face sign or two single -face signs (if two single -face signs are employed,
maximum area per sign is 18 square feet) for each street entrance into the
development identified by the sign. The sign shall be set back at least five (5)
feet from the street right-of-way. Applicable side yard setbacks for buildings
shall also be adhered to.
Section 11.07 Signs Not Requiring A Permit from the Pasquotank County
Planning Board
1. Identification Signs - Signs not exceeding four square feet in area and
bearing only property numbers, post office box numbers, names of
occupants of premises or other identification of premises shall not require
permit.
2. Temporary Real Estate Sign- One temporary real estate sign not exceeding
four (4) square feet of sign area per minimum area of the zone in which
located, plus four (4) square feet of sign area per additional five thousand
(5,000) square feet of lot up to a maximum of seventy-two (72) square feet
of sign area, may be placed on a property that is for sale, lease, rent, or
barter. When the property on which said sign is placed fronts on more than
one street, one sign shall be allowed on each street frontage. Such signs
shall not be illuminated.
Construction Sian - One temporary construction sign may be erected on the
site during the period of construction or reconstruction to announce the
name of the owner and/or developer, contractor, subcontractor, architect,
land planner, landscape architect, engineer and development. Such signs
shall be removed within two days after the construction work has been
completed. Maximum size of construction signs shall be as follows:
a. In residential zones, twenty-four (24) square feet.
b. In all other zones, seventy-two (72) square feet.
Construction signs in residential zones shall not be illuminated.
4. Directional or Informational Sims - No permit shall be required for
WE

directional or informational signs of a public or quasi -public nature and such
signs shall not exceed eight (8) square feet in area relative to items 1 and 2
listed above. Those signs may be illuminated in conformance with Section
11.04 of this ordinance or they may be of the beaded reflector type. Such
signs shall be used only for the purpose of stating or calling attention to:
a. The name or location of a city, town, village, hospital, community
center, public or private school, church or other place of worship;
b. The name or place of meeting of an official or civic body such as the
Chamber of Commerce, Rotary, Lions, or Kiwanis Club.
5. Incidental Signs - The following incidental signs as described are allowed:
a. One incidental professional announcement sign.
In residential districts such signs shall not exceed one square foot in
area, shall be flat -mounted against the building and shall not be
illuminated.
b. Any sign not exceeding 1-1/3 square feet in area. There shall be a limit
of three such signs per lot.
Section 11.08 Outdoor Advertising Signs
Outdoor advertising signs shall be permitted only in A-1, C-1, and I-1 districts.
For the purposes of this ordinance the following shall be considered as one
outdoor advertising sign:
-- Side -by -side signs if structurally tied together.
-- V-type and back-to-back signs if not located more than fifteen (15) feet apart
at the nearest points of each sign.
1. Setback - Outdoor advertising signs shall observe all setback requirements
of the districts in which they are located. In any case, no outdoor
advertising structure shall be located closer than 150 feet to a lot zoned
exclusively for residential purposes.
2. Size - Outdoor advertising signs shall not be larger than 800 square feet in
area.
3. Location - Outdoor advertising signs shall not be located nearer than 300
feet to another advertising sign on the same side of the street inside the
County line.
4. Requirements - Outdoor advertising signs attached to a building structure
shall not be higher than the wall to which they are attached. Outdoor
advertising signs shall not be mounted on the rooftop of any building.
Section 11.09 Public Service Information Signs
Public service information signs are those signs which display public service
information such as time, date, temperature, weather or other similar
information. These shall be allowed in the C-1, O&I and I-1 zoning districts.
40

Public service information signs shall be allowed to be flashing signs. Public
information signs will conform to the size and height requirements for the zone
in which they are located.
• Section 11.I0
Business •11CIIaL1r_ da31 S 1gIS
Business identification signs shall be subject to the limitations in the Table of
Business Sign Requirements. All business identification signs itemized in the
table may be illuminated.
Section 11.11
Table of Business Sign
Requirements
District
Number of Signs
Total Area of Signs Locational
Permitted (see note 2)
Permitted (see Notes 1 Requirements
and 2
C-1,
One flush mounted or
One square foot per
O&I
projecting sign per
linear foot of building
establishment
frontage allotted to
each establishment
AND
One free-standing sign per
One square foot per Maximum height
separate lot of record
linear foot of frontage limitation of 35 feet
and 2 feet from a
property line relative
I-1
One flush -mounted or
One square foot per to free-standing signs
•
projecting sign per
linear foot of building
establishment
frontage allotted to
each establishment
me
One free-standing sign per One square foot per
separate lot of record and linear foot of lot Maximum height
per establishment frontage limitation of 35 feet
and 5 feet from a
property line relative
to free-standing signs
NOTE 1. Marquees for indoor theaters in the C-1 zoning districts shall not be subject to the sign area
limitations.
NOTE 2. Establishments developed on a corner lot may have one additional sign having one square
foot of sign area per linear foot of the building's corner side in addition to the specified total number of
signs permitted. Such signs shall be flush -mounted and be affixed to said corner side.
ARTICLE XII: NON -CONFORMING SITUATIONS
0 SECTION 12.01 —Definitions
41

Unless the context clearly indicates otherwise, the terms defined below are used
• in this section in the following manner:
1. Nonconforming Situation. A situation that occurs when, on the effective date of this ordinance or
any amendment to it, an existing lot or structure or use of an existing lot or structure does not
conform to one or more of the regulations applicable to the district in which the lot or structure is
located. Among other possibilities, a non -conforming situation may arise because a lot does not
meet minimum acreage requirements, because structures do not satisfy maximum height or
minimum floor space limitations, because the relationship between existing buildings and the land
(in such matters as density and setback requirements) is not in conformity with the ordinance, or
because land or buildings are used for purposes made unlawful by the ordinance.
2. 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 nmning a bakery in a residentially zoned
area is a nonconforming use.)
3.
Dimensional Nonconformity: 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.
4.
Nonconforming Lot: A lot existing at the effective date of this ordinance or any amendment to it
(and not created for the purpose of evading the restrictions of this ordinance) that cannot meet the
minimum area or lot -width requirements of the district in which the lot is located.
5.
Ordinance:
This ordinance, including any amendments. Whenever the effective date of the
ordinance is referred to, the reference includes the effective date of any amendment to it.
6.
Nonconforming Project: Any structure, development, or undertaking that is incomplete at the
effective date of this ordinance and would be inconsistent with any regulation applicable to the
district in which it is located if completed as proposed or planned.
7.
EModiture: A sum of money paid out in return for some benefit or to fulfill some obligation.
Whenever the term is used hereafter, it also includes binding, contractual commitments to make
further expenditures, as well as any other substantial changes in position.
SECTION 12.02 — Continuation of Nonconforming Situations and Completion of
Nonconforming Projects
1.
Nonconforming situations that were otherwise lawful on the effective date of this ordinance may
be continued, subject to the restrictions and qualifications set forth in Sections 12.03 through
12.08 of this Article.
Nonconforming projects may be completed only m accordance with the provisions of Section
13.08 of this Article.
SECTION 12.03 — Nonconforming Lots
1. When a nonconforming lot can be used in conformity with all of the regulations (other than the
area or width requirements) applicable to the district in which the lot is located, such a use may be
42

made as of right. Otherwise, the nonconforming lot may be used only in accordance with a
special -use permit issued by the Board of Adjustment. The Board shall issue such a permit if it
• finds that (i) the proposed use is one permitted by the regulations applicable to the district in which
the property is located, and (ii) the property can be developed as proposed without any significant
negative impact on the surrounding property or the public health, safety, or welfare. In issuing
the permit authorized by this paragraph, the Board may allow deviations from applicable
dimensional requirements (such as setback lines and yard size minimums) if it finds that no
reasonable use of the property can be made without such deviations.
2. Whenever this ordinance creates a nonconforming lot and the owner of the nonconforming lot also
owns land adjacent to it, and a portion of this other land can be combined with the nonconforming
lot to create a conforming lot (without hereby creating other nonconformities), the owner of the
nonconforming lot, or his successor in interest, may not take advantage of the provisions of
paragraph (i) of this Section.
SECTION 12.04 — Extension or Enlargement of Nonconforming Situations
1. Except as specifically provided in this subsection, it shall be unlawful for any person to engage in
any activity that causes an increase in the extent of nonconformity of a nonconforming situation.
Subject to paragraph (4) of this subsection, a nonconforming use may be extended throughout any
portion of a completed building that, when the use was made nonconforming by this ordinance,
was manifestly designed or arranged to accommodate such use. However, subject to Section
12.08 of this Article (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 12.08 of this ordinance (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.
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 of activity and no violations of other paragraphs of this
section occur.
Physical alteration of structures or the placement of new structures on open land are unlawful if
they result in:
a. An increase in the total amount of space devoted to a nonconforming use;
b. Greater nonconformity with respect to dimensional restrictions such as yard requirements,
height limitations, or density requirements; or
c. The enclosure of previously unenclosed areas, even though those area were previously used
in connection with the nonconforming activity. An area is unenclosed unless at least 75% of
the perimeter of the area is marked by a permanently constructed wall or fence.
6. Minor repairs to and routine maintenance of property where nonconforming situations exist are
permitted and encouraged. Major renovation -- i.e., work estimated to cost more than 10% of the
appraised value of the structure to be renovated (and not required by the partial or total destruction
of a structure [see paragraph 8]) -- may be done pursuant to a special -use permit issued by the
Board of Adjustment. The Board of Adjustment shall issue such a permit if it finds that the work
43

will not result in a violation of any other paragraphs of this Section (particularly paragraph 3) or
make the property more incompatible with the surrounding neighborhood.
7. Notwithstanding paragraph 5, any structure used for single-family residential purposes and
maintained as a nonconforming use may be replaced with a similar structure of a larger size, so
long as the replacement does not create new nonconformities with respect to yard size and setback
requirements. In particular, a mobile home may be replaced with a larger mobile home, and a
"single -wide" mobile home may be replaced with a "double -wide." This paragraph is subject to
the limitations stated in Section 13.06 on abandonment and discontinuance of nonconforming
situations.
8. A structure that is nonconforming in any respect or a structure that is used in a nonconforming
manner may be reconstructed or replaced if partially or totally destroyed, subject to the following
restrictions:
a. The total amount of space devoted to a nonconforming use may not be increased, except that
a larger, single-family residential structure may be constructed in place of a smaller one and a
larger mobile home intended for residential use may replace a smaller one;
b. The reconstructed budding may not be more nonconforming with respect to dimensional
restrictions such as yard requirements, height limitations, or density requirements, and such
dimensional nonconformities must be eliminated if they can reasonably be accomplished
without unduly burdening the reconstruction process or limiting the right to continue the
nonconforming use of such building;
c. The reconstructed building may not enclose areas that were previously unenclosed, even
though those areas were used in connection with the nonconforming activity. An area is
unenclosed unless at least 75% or more of the perimeter of the area is marked by a
permanently constructed wall or fence.
d. Except for single-family residential structures (including mobile homes), if the estimated cost
of the reconstruction work exceeds 10% of the appraised value of the structure, the work may
be done only after issuance of a special -use permit by the Board of Adjustment. The Board
shall issue the permit if it finds that the work will be done in accordance with this paragraph
and that the reconstructed building will not make the property more incompatible with the
surrounding property than it was before the destruction occurred.
SECTION 12.05 — Change in Kind of Nonconforming Use
1. A nonconforming use may be changed to a conforming use. Thereafter, the property may not
revert to a nonconforming use.
2. A nonconforming use may be changed to another nonconforming use only in accordance with a
special -use permit issued by the Board of Adjustment. The Board shall issue such a permit if it
finds that the proposed use will be more compatible with the surrounding neighborhood than the
use in operation at the time the application is made for the permit. If a nonconforming use is
changed to any use other than a conforming use without obtaining a special -use permit pursuant to
this paragraph, that change shall constitute a discontinuance of the nonconforming use, with
consequences as stated in Section 12.06 of this Article.
3. If a nonconforming use and a conforming use, or any combination of conforming and
nonconforming uses, or any combination of nonconforming uses exist on one lot, the use made of
the property may be changed substantially (except to a conforming use), only in accordance with a
special -use permit issued by the Board of Adjustment. The Board shall issue such a permit if it
44

finds that the proposed use will be more compatible with the surrounding neighborhood than the
use or combination of uses in operation at the time the permit is applied for.
0 SECTION 12.06 — Abandonment or Discontinuance of Nonconforming Situations
1. When a nonconforming use is (a) discontinued for a consecutive period of 180 days, or (b)
discontinued for any period of time without a present intention to reinstate the nonconforming use,
the property involved may thereafter be used only for conforming purposes, except as provided in
paragraph (2) of this Section. Present intention to reinstate the use shall not be considered if the
abandoned property lacks maintenance or continuity of public services such as water, electricity
and trash removal.
2. The Board of Adjustment may issue a special -use permit to allow a nonconforming use that has
been discontinued for more than 180 consecutive days to be reinstated if it finds that (a) the
nonconforming use has been discontinued for less than two years, and (b) the discontinuance
resulted from factors that, for all practical purposes, were beyond the control of the person
maintaining the nonconforming use.
3. If the principle activity on property where a nonconforming situation other than a nonconforming
use exists is (a) discontinued for a consecutive period of 180 days, or (b) discontinued for any
period of time without a present intention of resuming that activity, then that property may
thereafter be used only in conformity with all of the regulations applicable to the districtin which
the property is located, unless the Board of Adjustment issues a special -use permit to allow the
property to be used (for a conforming purpose) without correcting the nonconforming situation.
The Board shall issue such a permit if it finds that (a) the nonconforming situation cannot be
conected without undue hardship or expense, and (b) the nonconforming situation is of a minor
nature that does not adversely affect the surrounding property or the general public to any
significant extent.
4. 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 considered as a whole. 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.
When a structure or operation made nonconforming by this ordinance is vacant or discontinued at
the effective date of this ordinance, the 180 day period for purposes of this Section begins to run
at the effective date of the ordinance.
SECTION 12.07 — Termination of Nonconforming Situations
Subject to all other terms and conditions of Article XII of this ordinance, nonconforming
situations shall not be subject to specific tune limitations for permanent discontinuation.
SECTION 12.08 — Completion of Nonconforming Projects
1. All work on any nonconforming project for which a permit has not been issued shall cease on the
effective date of this ordinance. Thereafter, work on nonconforming projects may begin, or may
continue, only pursuant to a special -use permit issued by the Board of Adjustment (except as
provided in paragraph (b) of this section). The board 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 not allowed to complete his project as proposed. In considering
whether these findings may be made, the Board shall be guided by the following:
45

a. To the extent that expenditures are recoverable with a reasonable effort, a party shall not be
considered prejudiced by having made those expenditures. For example, a party shall not be
considered prejudiced by having made expenditure to acquire a potential development site if
the property obtained is just as valuable under the new classification as it was under the. old;
for the expenditure can be recovered by resale of the property.
b. An expenditure shall be considered substantial if it is sipnificant both in dollar amount and in
terms of (a) the total estimated cost of the proposed project, and (b) the ordinary business
practices of the developer.
c. A person shall be considered to have acted in good faith if actual knowledge of a proposed
adoption of land -use law affecting the proposed development site could not be attributed to
him.
d. Even though a person had actual knowledge of a proposed adoption of land -use law affecting
a development site, the Board 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
Board may find that the developer did not proceed in an attempt to undermine the proposed
ordinance if it determines that (1) 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 (2) the
developer had legitimate business reasons for making expenditures.
2. The requirements of paragraph (1) of this Section shall not apply to a nonconforming project if the
zoning enforcement officer certifies that actual construction of that project began at least 180 days
before the effective date of this ordinance and that the work is at least 75% complete at the
effective date of this ordinance.
• 3. The Board of Adjustment shall not consider any application for the special -use permit authorized
by paragraph (a) of this section that is submitted more than 90 days after the effective date of this
ordinance, unless it waives this requirement for good cause shown.
4. If the Board of Adjustment issues a special -use permit pursuant to paragraph (1) of this section, it
may attach such reasonable conditions to the permit as it finds necessary to reduce the extent to
which the nonconforming project is incompatible with the surrounding neighborhood. In
particular, the Board may require that work on the nonconforming project be continuously
maintained, if possible, and that the project be completed as expeditiously as possible.
When it appears from the developer's plans or otherwise that the nonconforming project was
intended to be or reasonably could be completed in stages, segments, or other discrete units, the
Board of Adjustment shall not allow the nonconforming project to be constructed or completed in
a fashion that is larger or more extensive than is necessary to allow the developer to recoup and
obtain a reasonable rate of return on the expenditures he has made in connection with that
nonconforming project.
ARTICLE XIII. ADMINISTRATION AND ENFORCEMENT
SECTION 13.01 - Administration and Enforcement
The Building Inspector shall administer and enforce this Ordinance. He may be provided with
assistance of such other persons as the County Commissioners may direct_
If the Building Inspector shall find that any of the provisions of this Ordinance are being violated,
he shall notify in writing the person responsible for such violation indicating the nature of the
violation and ordering the action necessary to correct it. He shall order discontinuance of illegal
use of land, buildings, or structures; removal of illegal buildings or structures or of additions,
46

al�z rations. or mctural changes thereto; discontinuance of any illegal wmk being doae; or shall
talon other action authorized by this Ordinance to insure compliance with or to prevent violation of
its provisions.
• SECTION 13.02 - Building Permits
After the adoption of this Ordinance no new uses other than bona fide farms shall be established
unless a building permit is applied for and issued by the Building Inspector. No permit shall be
issued except in conformity with the provisions of this Ordinance, except after written order from
the Board of Adjustrnent.
SECTION 13.03 - Zoning Certificate
1. No building or structure or any part thereof designed or intended to be used for other than bona
fide farm or agricultural purposes shall be erected or repaired until a Zoning Certificate therefore
has been issued by the Pasquotank County Building Inspector. _
2. Each application for a Zoning Certificate shall be accompanied by a plat; drawn to scale, showing
accurate dimensions of the lot to be built upon, accurate dimension of the building to be erected,
its location on the lot, and such other information as may be necessary to provide for the
enforcement of this ordinance such as evidence of the County Samtanan's approval of the sewage
disposal system. A careful record of such applications and plats, together with a record of the
action taken thereon shall be kept in the Office of the Pasquotank County Building Inspector.
3. No permit for excavation for or erection of any building or partof a building, or for repairs to or
alteration of a building, or the relocation of a building fioom the lot on which it is situated shall be
issued until after a statement of its intended use has been filed by the applicant.
• SECTION 13.04 Certificate of Occupancy/Compliance
1. No land shall be used or occupied, except for bona fide farm purposes, and m building or
structure erected, altered, used or changed in use for other than farm purposes until a Certificate of
OccuP=Y)Compliance shall have been issued by the Pasquotank County Building Inspector
stating that the building and/or the proposed use has been determined to be in compliance with the
Provisions of this ordinance. A hike certificate shall be issued for the purpose of changing any
existing use, as well as for maintaining, renewing, changing, or extending any nonconforming
use. A certificate of Occupancy/Compliance for the whole or part of a building shall be applied
for prior to occupancy and shall be issued within five days after the erection of alterations of such
building or part shall have been found in compliance with the provisions of this ordinance and
Other applicable codes and ordinances. A record of all such certificates shall be kept on file in the
Office of the Pasquotank County Building Inspector and shall be furnished on request, to any
person having a proprietary of tenancy interest in the building or land.
SECTION 13.05 — Compliance with State Guidelines for Areas of Environmental
Concern
Prior to issuance of any initial zoning permit, zoning change permit, or speaal use permit; the
zoning ad>mniand local AEC Permit Officerin consultation with the State AEC Field
Consultant, shall determine whether the proposed use or structure is located within an Area of
Environmental Concern. This determination shall result from an on -site investigation. If the proposed
use or structure is located in an Area of Environmental Concern, the zoning a -clot and local
AEC Permit Officer shall certify that the proposed use or structure complies with development
standards of the State Guidelines for Areas of Enywonmental Concern prior to issuing any zoning
Permit.
47

SECTION 13.06 — Penalties for Violation
Any person, firm, or corporation who violates any provision of this ordinance shall be guilty of a
misdemeanor. Each day that violation continues to exist shall be considered a separate offense.
ARTICLE)UV. BOARD OF ADJUSTMENT
SECTION 14.01—Creating the Board of Adjustment
The Pasquotank County Board of Commissioners shall provide for the appointment of the
Pasquotank County Board of Adjustment. The Board of Adjustment shall consist of five active
members and two alternate members. An alternate member or members will be called upon to hear
appeals in cases where the issue to be decided upon involves a personal conflict of interest with one or
more regular Board of Adjustment members. The members shall be appointed by the Pasquotank
County Board of Commissioners. All five members of the Board of Adjustment shall have the same
and equal powers and duties. In the event that less than the entire County is zoned, at least one (1)
resident of each area which is zoned shall be appointed to the Board. Insofar as possible, initial
appointment to the Board shall be as follows: two -fifths (2/5) for a term of three (3) years; two -fifths
(2/5) for a term of two (2) years; and one -fifth (115) for a term of one (1) year. The two (2) alternate
members may be appointed for a term of three (3) years to serve in the absence of regular members.
The successor to the regular and the alternate members shall be appointed for three (3) year terms.
Vacancies shall be filled for the unexpired term only. Members of the Board of Adjustment may be
removed for cause by the County Commissioners upon written charges and after public hearing.
SECTION 14.02 —Jurisdiction of Board of Adjustment
The Board of Adjustment shall have authority on any appeal relative to the provisions of this
ordinance originating from within the area encompassed by the legal description of the jurisdiction of
this ordinance as described in Section 2.01.
SECTION 14.03 — Rules for Proceedings of the Board of Adjustment
The Board shall adopt rules governing its organization and for all proceedings before it. Such
rules shall provide and require the following in addition to such other rules and regulations the Board
shall adopt:
a. The Board shall elect a Chairman and Vice -Chairman on an annual basis.
b. The Pasquotank County Planning Director or his designee shall serve as the Secretary of
the Board. The Secretary shall keep minutes of the proceedings. All meetings shall be
open to the Public. The minutes shall contain relevant facts and testimony of each appeal,
the vote of each member on each appeal, abstention from voting and attendance.
c. No appeal may be heard unless a quorum is present. A quorum shall consist of three -
fifths of the membership of the Board.
d. Due notice shall be given to all parties having interest in an appeal; specifically, at least one
(1) week prior to the date of the hearing, the Planning Director shall furnish all adjoining
property owners with written notice of the hearing. Notice of a Public Hearing shall be
published once a week for two (2) consecutive calendar weeks in a local newspaper of
general circulation. Public Notice may also be posted on the property concerned indicating
the proposed change and date of public hearing.
e. Any interested party may appear in person, by agent or by Attorney to offer evidence and

testimony relative to an appeal.
f. Fees for filing appeals to the Board of Adjustment shall be established by the Pasquotank
County Board of Commissioners, in order to cover necessary administrative costs and
advertising expense.
SECTION 14.04 —Powers of Board
l . Review of Enforcement Officers' Decision
Where it is alleged that there is any error in any order, decision, or requirements of the
Enforcement Officers appointed by the Pasquotank County Board of Commissioners, the Board shall
have the power to hear and decide any appeal taken from the order, decision or requirement, of the
Enforcement Officers (s) and to grant a variance to the appellant to rectify any error of the Enforcement
Officer. A concurring vote of four members of the Board shall be required to reverse any order,
decision, or determination of the Enforcement Officer or to decide in favor of the applicant any matter
which the Board is required to pass under the provisions of this ordinance, or to grant any variation in
this ordinance.
2. Variance
a. A variance may be granted to authorize, upon appeal in specific cases, such variance from
the terms of this ordinance as will not be contrary to the public interest where owing to
special conditions a literal enforcement of the provisions of this ordinance will result in
undue hardship, and so that the spirit of this ordinance shall be observed and substantial
justice done. In considering all proposed variances to this ordinance, the Board shall,
before making any finding in a specified case, first determine that the proposed variances
will not constitute any change in the district boundaries shown on the Zoning Map and will
not impair any adequate supply of light and air to adjacent property, or adversely affect the
use or physical attributes of property within the surrounding area, or in any other respect
impair the public health, safety, and general welfare.
b. In granting a variance the Board may impose thereto such conditions regarding the
location, character, and other features of the proposed building, structure or use as it may
deem advisable in furtherance of the purposes of this ordinance.
c. Before a variance is granted, the Board of Adjustment shall make the following findings:
(i) That special conditions and circumstances exist which are peculiar to the land,
structure, or building and which are not applicable to other land, structures, or
buildings in the same district;
(ii) That literal interpretation of the provisions of this Ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same district under
the terms of this Ordinance;
(iii) That the special conditions and circumstances do not result from the actions of the
applicant; and
(iv) That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other land, structures, or buildings in the
same district.
is d. The Board may grant a variance in the dimensional yard requirements of this ordinance
M

•
only where by reason of exceptional narrowness, shallowness, or shape of a specific piece
of property which was a lot of record as of the effective date of this ordinance, or where
due to the topographical conditions of a piece of property the strict application of the said
dimensional requirements of this ordinance would result in practical difficulties or undue
hardship of such nature as described in the preceding paragraph.
e. The fact that property may be utilized more profitably will not be considered as a
jurisdiction for granting a variance by the Board.
3. Special Uses
The Board shall have the power to grant, in particular uses and subject to appropriate
safeguards, permits for Special Uses as authorized by Article IX, Section 9.02.
4. Additional Power
In addition to the general powers conferred upon the Board in the foregoing, the Board shall
have authority to make the following exception to the general provisions of this ordinance:
Where a use district boundary line crosses a lot, the Board, after a public
hearing in which it has determined that the spirit and intent of this ordinance
has been carried out, may permit a use of either classification on the whole lot,
but not to exceed a distance of 150 feet from the boundary line.
SECTION 14.05 — Appeal to the Board of Adjustment
Appeals from the enforcement and interpretation of this Ordinance and appeals for variances
may be taken to the Board of Adjustment by any person aggrieved by a decision of any officer,
department, board or bureau of the County. Notice of an appeal to the Board of Adjustment shall be
filed with the Building Inspector. An appeal stays all proceedings in furtherance of action appealed
from, unless the Building Inspector files a Certificate stating that by reasons of facts stated in the
Certificate a stay would, in his opinion, interfere with enforcement of the Ordinance because the
violation is transitory in nature, or would cause imminent peril to life and property. The Building
Inspector shall have one (1) copy of said certificate delivered by registered mail or by personal service
to the appellant and to each member of the Board within ten (10) calendar days from the date the appeal
is filed with the Building Inspector. The Certificate shall also be placed on file in the Office of the
Building Inspector for public inspection and recorded in the minutes of the next meeting of the Board.
Where said Certificate is filed by the Building Inspector, proceedings in furtherance of the original
order shall not be stayed otherwise than a restraining order which may be granted by a court of record
within Pasquotank County.
SECTION 14.06 — Appeal from Decision of the Board of Adjustment
Any person or persons aggrieved by a decision of the Board of Adjustment may within 90
days, but not thereafter, present to the Superior Court of Pasquotank County a petition for a Writ of
Certiorari, duly verified, setting forth that such a decision is illegal, in whole or in part, specifying the
grounds of illegality, whereupon such a decision of the Board shall be subject to review as provided
by law.
ARTICLE XV. AMENDMENT PROCEDURE
SECTION 15.01— Amendment by Own Motion
50

•
The Pasquotank County Board of Commissioners may from time -to -tune amend, supplement,
change, modify, or repeal the boundaries or regulations herein or subsequently amended. This may be
done by the Commissioners after a public hearing, by their own motion or, as a result of a
recommendation, as prescribed below.
SECTION 15.02 — Amendment by Petition
1. The Pasquotank County Board of Commissioners may also desire to take such action as a
result of a petition presented by a private citizen or citizens in accordance with the following
procedures:
Such petitions shall be presented to the Pianning Board at least fourteen (14) working days
prior to the Planning Board meeting at which it is to be heard, not to include the day of the
meeting. The petition shall contain such information, and shall be presented in such manner as
specified by the Planning Board. The Planning Board, after studying the petition, shall
prepare a recommendation to be considered by the Board of Commissioners at its next regular
meeting. This recommendation will contain all reasons considered in the deliberations of the
Planning Board. In cases of petitions requesting rezoning of property, a non-refundable fee of
$15.00 shall be paid by the applicant prior to placement of the request on any agenda of the
Planning Board.
Acceptance by the Pasquotank County Board of Commissioners of a recommendation of the
Planning Board for an amendment of this ordinance will be only in the form of an authorization
for notice of a public hearing as prescribed by law. Notice for such public hearing shall be
given once a week for two successive calendar weeks in a newspaper distributed in the County
and the first such notice shall be published the first time not less than 10 days and not more
than 25 days prior to the date fixed for the hearing.
SECTION 15.03 — Protest to Amendment
In cases of a protest against any proposed amendments to the zoning map, signed by the
owners of 20% or more either of the area of the lots included in such proposed change or of those
immediately adjacent thereto either in the rear thereof or on either side thereof; extending 100 feet
therefrom, or of those directly opposite thereto extending 100 feet from the street frontage of the
opposite lots, such amendment shall not become effective except by favorable vote of three fourths of
all the members of the Pasquotank County Board of Commissioners.
No protest against any change in or amendment to a zoning ordinance or zoning map shall be
valid or effective for the purposes of Section 15.03 unless it be in the form of a written petition actually
bearing the signatures of the requisite number of property owners and stating that the signers do
protest the proposed change or amendment. and unless it shall have been received by the clerk to the
Board of Commissioners in sufficient time to allow the County at least two normal work days,
excluding Saturdays, Sundays and legal holidays before the date established for a public hearing on the
proposed change or amendment to determine the sufficiency and accuracy of the petition. The County
Commissioners may require that all protest petitions be on a form prescribed and furnished by the
County, and such form may prescribe any reasonable information deemed necessary to permit the
County to determine the sufficiency and accuracy of the petition.
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ARTICLE XVI. LEGAL STATUS PROVISIONS
• SECTION 16.01 —Validity
•
•
If any section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid
such decision shall not affect the validity of the remaining portions of this ordinance. The Pasquotank
County Board of Commissioners hereby declares that it would have passed this ordinance and each
section, clause and phrase thereof, irrespective of the fact that any one or more sections, sentences or
clauses be declared invalid.
SECTION 16.02 — Separability
Should any section or provision of this Ordinance be declared by the courts to be
unconstitutional or invalid, such decisions shall not affect the validity of the Ordinance as a whole, or
any part thereof other than the part so declared to be unconstitutional or invalid.
SECTION 16.03 — Effective Date
This ordinance shall be in full force and effective henceforth from May 6, 1991. This ordinance
was duly adopted by the Pasquotank County Board of Commissioners on March 25, 1991, with an
effective date of May 6, 1991.
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