Zoning Ordinance 1989 Update-1989

PREPARED FOR THE TOWN OF AHOSKIE, NORTH CAROLINA
TOWN COUNCIL
Mitchell S. McLean, Mayor
Clarence S. Newsome
Angela Early
Chester Rawls
O. S. Sutter, Jr.
Charles Hughes
William R. Overman, Town Manager
PREPARED BY
THE AHOSKIE PLANNING COMMISSION
R. P. Martin, Chairman
Alvin Newsome
G. Thomas Bazemore
Don Ferguson
Karen Rowe
Casey Jones
Vernon Baker
Louis Mizzelle, Jr.
Henry Jones
Dennis Deloatch
TECHNICAL ASSISTANCE FROM:
The Mid -East Commission
P. 0. Box 1787
Washington, NC 27889
[phone]
Robert J. Paciocco, Executive Director
Connie R. Price, Planner in Charge
Tamara Schatz, Technical Assistance
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TITLE: Zoning Ordinance, Ahoskie, North Carolina
DATE: Adopted: August B, 1989
LOCAL
PLANNING
AGENCY. Ahoskie Planning Commission
SOURCE • .
OF COPIES: Town of Ahoskie
Post Office Box 767
Ahoskie, North Carolina 27910
CAMA
PROJECT
NUMBER: C-6040
ABSTRACT. The preparation of this ordinance was financed in part through a grant provided by the
North Carolina Coastal Management Program, through funds provided by the Coastal
Zone Management Act of 1972, as amended, which is administered by the Office of
Ocean and Coastal Resource Management, National Oceanic and Atmospheric
Administration. The Town of Ahoskie contributed cash.
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Effective Date
This ordinance shall be In full force and effect from and after its passage by the Town Council
of the Town of Ahoskie this 8th day of August, 1989.
Repeal of Existing Zoning Ordinance
All zoning ordinances or parts of same now in effect in the Town of Ahoskie are hereby
repealed, provided, however, that all suits at law or inequity and/or all prosecutions resulting from the
violations of any zoning ordinance heretofore In effect, which are now pending in any of the Courts of
this State or of the United States shall not be abated or abandoned by reason of the adoption of this
ordinance but shall be prosecuted to their finality the same as if these ordinances had not been
adopted; any and all violations of existing zoning ordinances, posecutions for which have not yet been
instituted may be hereafter filed and prosecuted; and nothing in this ordinance shall be so construed
as to abandon, abate, or dismiss any litigation or prosecution now pending and/or which heretofore
have been Instituted or prosecuted.
Conflict with Other Laws .
Whenever the regulations made under authority of this ordinance are at variance with the
requirements of any other lawfully adopted regulations, the most restrictive or that imposing the higher
standards, shall govern.
Severability of Ordinance
If for any reason one or more sections, sentences, clauses, or part of this ordinance are held
invalid, such judgement shall not effect, impair or Invalidate the remaining provisions of this ordinance,
but shall be confined in its operation to the specific sections, sentences, clauses, or parts of this
ordinance held invalid and the Invalidity of any section, sentences, clauses, or parts bf this ordinance in
any one or more Instances shall not affect or prejudice in any way the validity of this ordinance in any
other instance.
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TABLE OF CONTENTS
PAGE
SECTION 100. GENERAL PROVISIONS
101. Short Title ................................................... 1
102. Purpose and Authority .......................................... 1
103. Jurisdiction ............................................... 1
104. Interpretation and Application .. .............. 1
. ............... .. ..
105. Establishment of Zoning Districts and Provision for Zoning Map .............: 3
SECTION 200. GENERAL DEFINITIONS
201. Word Interpretation ............................................ 6
202. Definitions.................................................... 7
SECTION 300. ZONING DISTRICTS AND REGULATIONS
301.
R-20 Single Family Residential District ................................
19
302.
R-15 Single Family Residential District ................................
19
303.
R-10 Multi -Family Residential District .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20
304.
R-6 Multi -Family Residential District . ...................
21
305.
R-6MH Mufti-Famiy and Mobile Home Residential District ..................
21
306.
0-1 Office and Institutional District ...................................
22
307.
B-1 Central Business District ......................................
23
308.
B-2 Commercial District ..........................................
23
309.
B-3 Shopping Center District ......................................
24
310.
I-L Light Industrial District ........................................
24
311.
I-H Heavy Industrial District ................... ....................
25
312.
PUD Planned Unit Development Overlay District ..........................
25
313.
Table of Permissible and Conditional Uses ............................
31
314.
Schedule of Dimensional Requirements ...............................
34
SECTION 400. SUPPLEMENTAL DISTRICT REGULATIONS
401.
Supplementary Use Regulations ....................................
35
402.
Off -Street Parking and Loading ....................................
40
403.
Signs ......................................................
49
404.
Mobile Homes ................................................
57
405.
Mobile Home Parks ............................................
58
406.
Design Review ................................................
63
407.
Required Bufferyards...........................................
65
408.
Building Structures .............................................
68

SECTION 500. CRITERIA FOR DISCRETIONARY PERMITS
501.
General Provisions .............................................
69
502.
Conditional Uses
...............................................
69
503.
Variances .. .. .... ..... ..... .................
. ..... .. .... . ..
69
504.
Temporary Permit for Construction and Night Watchman Offices ..............
70
505.
Temporary Permit for Emergency Shelter ...............................
71
506.
Nonconforming Situations ........................................
72
SECTION 600. ADMINISTRATIVE AUTHORITY AND PROCESS
601.
. Administrative Officer ............................................
78
602.
Board of Adjustment ...........................................
81
603.
Planning Board ...............................................
83
SECTION 700. ZONE CHANGES AND ADMENDMENTS
701. Action by the Applicant .................................. 88
702. Action by the Planning Commission ................................. 89
703. Action by the Town Council ...................................... 89
704. Public Hearing and Notice ....................................... 89
705. Protests ..................................................... 90
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SECTION 100
GENERAL PROVISIONS
§101. SHORT TITLE
This chapter shall be known As the Zoning Ordinance of the Town of Ahoskie, North Carolina,
and may be cited as the Zoning Ordinance.
§102. PURPOSE AND AUTHORITY
The zoning regulations and districts set forth in this chapter shall be to accomplish compatible
development of the land within the Town and within the Town's extraterritorial area in a manner which
will best promote the health, safety, and the general welfare of the people, as well as to provide for
efficiency and economy in the process of development; to make adequate provisions for traffic; to secure
safety from fire, panic, and other hazards; to provide for 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; to promote desirable living conditions and the
sustained stability of neighborhoods; to protect property against blight and depreciation and for other
purposes in accordance with the Town of Ahoskie Land Use Plan for the Town and its extraterritorial area.
These regulations and districts have been developed with reasonable consideration as to the
character of the district and its peculiar uses, and to encourage the most appropriate use of land
throughout the community. The provisions of this ordinance are adopted under authority granted by the
General Assembly of the State of North Carolina, particularly General Statutes 160A-381 to 160A394.
§103. JURISDICTION
A. This chapter shall be effective throughout the Town's planning jurisdiction. The Town's
planning jurisdiction comprises the area within the corporate boundaries of the Town as
well as the area described In that Ordinance adopted by the Town Council on August 8,
1972, entitled 'Ordinance Establishing Extraterritorial Jurisdiction,' as amended.
B. All territory which may hereafter be added to the zoning jurisdiction of the Town of Ahoskie
shall, after the proper hearings, be placed in the R-20 Residential District until otherwise
classified by the Town Council.
§104. INTERPRETATION AND APPLICATION
In interpreting and applying the regulations set out in this chapter, the requirements contained
herein are declared to be the minimum requirements necessary to carry out the purpose of this chapter.
Except as provided herein, these regulations shall not be deemed to interfere with, abrogate,
annul or otherwise affect in any manner whatsoever any easements, covenants, deed restrictions or

§100. GENERAL PROVISIONS
other agreements between parties. Wherever the provisions of these regulations impose greater restrictions
upon the use of land or buildings or require a larger percentage of lot to be left unoccupied than other
provisions of this Code or other ordinances, rules, regulations, permits, or any easements, covenants, deed
restrictions, or other agreements between parties, the provisions of these regulations shall govern. .
No land, building, or structure shall be used, no building or structure shall be erected, and no
existing building or structure shall be moved, added to, enlarged, or altered, except in conformity with
these regulations. However, the application of these regulations in the extraterritorial area shall not affect
bona fide farms, but any use of such property for nonfarm purposes shall be subject to such regulations.
§104.1 NONCONFORMITIES
Within the districts established by this chapter there may exist structures and uses of land and
structures which were lawful before this chapter was enacted but which would be prohibited, regulated,
or restricted under the terms of this chapter. It is the intent of this chapter to permit these
nonconformities to continue; but they shall be in no case expanded except that a nonconforming use may
be granted a variance upon application to the Board of Adjustment.
§104.2 ONLY ONE PRINCIPAL BUILDING PERMITTED ON ONE LOT
No lot shall be occupied by more than one principal building. No part of a yard, court or other
open space provided about any building or structure for the purpose of compyng with the provisions of
this chapter shall be Included as part of a yard or other open space required under this chapter for
another building or structure. A residence shall always constitute a principal use.
§104.3 REDUCTION OR CHANGE IN LOT SIZE
No lot shall be reduced or changed in size so that the total area; minimum frontage; front, side
or rear setbacks; lot area per dwelling unit; or other dimensions, areas or open spaces required by these
regulations are not maintained. No lot shall be reduced in size so as to produce an additional lot which
Is not in conformity with these regulations, unless such lot is combined with other land to produce a
conforming lot or unless said lot is deeded, dedicated, and accepted for public .use.
§104.4 COMPLIANCE WITH STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN (AEC)
Prior to the Issuance of any initial zoning permit, zoning change permit, or conditional use permit,
the zoning administrator and local AEC Permit Officer in consultation with the State AEC Field Consultant,
shall determine whether the proposed use or structure is located within an Area of Environmental Concern.
If the proposed use or structure is located in an Area of Environmental Concern, the Zoning Administrator
and local AEC Permit Officer shall certify that the proposed use or structure complies with development
standards of the State Guidelines for Areas of Environmental Concern prior to Issuing any zoning permit.
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§100. GENERAL PROVISIONS
§105. ESTABLISHMENT OF ZONING DISTRICTS AND PROVISION FOR ZONING MAP
§105.1 USE DISTRICTS NAMED
For the purpose of this ordinance, the Town of Ahoskle and its extraterritorial planning and zoning
area are hereby divided into twelve use districts with the designations and purposes as listed below:
R-20
Single -Family Residential District
R-15
Single -Family Residential District
R-10
Residential District
R-6
Mufti -Family Residential District
R-6MH
Mufti -Family and Mobile Home Residential District
0-1
Office and Institutional District
B-1
Central Business District
B-2
Commercial District
B3
Shopping Center District
-L
Light Industrial District
I-H-
Heavy Industrial District
PUD
Planned Unit Development (overlay district).
§105.2 DISTRICT BOUNDARIES SHOWN ON OFFICIAL ZONING MAP
The boundaries of the districts are shown on the map made a part of this ordinance entitled
'Official Zoning Map, Town of Ahoskle, North Carolina.' The Zoning Map and all the notations, references,
amendments thereto, and other information shown thereon are hereby made a part of this ordinance and
the same as If such Information set forth on the map were all fully described and set out herein. The
Zoning Map property attested Is posted at the Municipal Building of Ahoskle and is available for inspection
by the public.

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§100. GENERAL PROVISIONS
§105.3 ZONING MAP CHANGES
If, in accordance with Section 700 of this chapter, changes,are made in the zoning district
boundaries or other matter shown on the map, such changes shall be made together with an entry
denoting the date of revision and the ordinance number of the rezoning action.
The entry shall be initialed by the Mayor and attested by the Town Clerk. No amendment to
this ordinance which Involves a matter portrayed on the map shall become effective until after such change
and entry has been made on said map.' The Town Council shall give official notice of the zoning change
to the Zoning Administrator within twenty-four (24) hours after passage of said change.
§105.4 REPLACEMENT OF OFFICIAL ZONING MAP
In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to
interpret, the Town Council 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 Mayor and Town
Clerk and shall bear the seal of the Town under the following words:
'This is to certify that this Official Zoning Map supersedes and replaces the Official
Zoning Map adopted (date of adoption of map replaced)• —together with the date of
adoption of the new map.
§105.5 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 Town Council 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.
§105.6 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 Ahoskie, North Carolina,* the following rules shall apply:
(1) Boundaries Indicated as approximately following the center lines of streets,
highways, alleys, or railroads shall be construed to follow such center lines;
(2) Boundaries indicated as approximately following platted lot lines shall be
construed as following such lot lines;
(3) Boundaries indicated as approximately following Town limits shall be construed
as following such Town limits;
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§100. GENERAL PROVISIONS
(4) 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 center lines of streams, rivers, creeks, canals, lakes, or other
bodies of water shall be construed to follow such center lines;
(5) , , Boundaries indicated as parallel to or extensions of features indicated In
subsections 1 through 4 above shall be so construed. Distances not .
specifically Indicated on the Official Zoning Map shall be determined by the
scale of the map;
(6) Where physical or cultural features existing on the ground are at variance with
those shown on the Official Zoning Map, or in other circumstances not covered
by subsections 1 through 5 above, the Board of Adjustment shall Interpret the
district boundaries;
(7) If a district boundary divides a lot, the requirements for the district in which
the greater portion of the lot lies shall be extended to the balance of the lot
provided that such extension shall not Include any part of such lot which lies
more than one hundred (100) feet beyond the district boundary; and further,
that the remaining parcel shall not be less than the minimum required for the
district in which it Is located.
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SECTION 200
GENERAL DEFINITIONS
§201. WORD INTERPRETATION
§201.1 For the purpose of this chapter, certain words shall be interpreted as follows. Except as
defined herein, all other words used in this chapter shall have their customary dictionary definition.
The word 'person' Includes a 'firm, association, organization, partnership, trust, company, or
corporation as well as an Individual.*
The word 'may' is permissible.
The word 'shall' is always mandatory and not merely directory.
The words mused* or 'occupied' Include the words •intended, designed, and arranged to be
used or occupied.•
The word 'lot' includes.the word 'plot, parcel, site, and premises.'
The word *building, includes the :word 'structure.'
The words 'map,' 'Zoning Map,' and 'Ahoskie Zoning Map' shall mean the 'Official Zoning
Map for the Town of Ahoskie, North Carolina.'
The word 'Town' shall mean the Town of Ahoskie, a municipal corporation of the State of
North Carolina.'
The words 'Ordinance,' and 'Chapter' shall mean the Official Zoning Ordinance
for the Town of Ahoskie, North Carolina.'
The words 'Planning Board' or 'Board" shall mean the'Town of Ahoskie Planning Commission.'
The words Towri Board' shall mean the Town Council of the Town of Ahoskie, North Carolina.'
The words 'Board of Adjustment' shall mean the Town of Ahoskie Board of Adjustment'
§201.2 TENSE AND NUMBER
number.
The present tense includes the future tense and the future tense includes the present tense.
The singular number Includes the plural number, and the plural number Includes the sin ular
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§200. GENERAL DEFINITIONS
§202.
Unless otherwise specifically provided, or unless clearly required by the context, the words
and phrases defined In this Chapter shall have the meaning Indicated when using this Chapter.
Accessory Building or Use. A subordinate building or use incidental to the principal building
or, use on the same lot.
Ale . A public thoroughfare which affords only a secondary means of access to abutting
property.
Apartment. See Dwelling. Mufti -Family.
Apparel Manufacturing. Manufacturing of apparel and other finished products made from
fabrics, leather, and similar materials. This shall include the cutting, sewing, and assembly of
finished materials for the purpose of manufacturing clothing. This shall not include textile mill
products manufacturing.
Area of Environmental Concern (AEC). An area designated and regulated by the Coastal Area
Management Act as biologically productive and thus Important to the estuarine system.
Ahoskie Creek is designated as a Public Trust Water AEC (see Ahoskie Land Use Plan for
complete description).
Automobile Repair (maior). Activities that include motor overhauls, body repairs, straightening
of body parts, replacement of automobile glass, or other major mechanical work which, by its
nature, creates excessive noise, odor, smoke, dust, or other objectionable characteristics.
Automobile Repair (minor). Activities which involve work on mufflers, tires, tune-ups, greasing,
brakes, radiators, electrical, etc., with all minor repair work conducted within an enclosed area.
Automobile Service Stations. Establishments engaged in selling gasoline and lubricating oils,
and which may sell other merchandise or perform only minor repair work. Also included are
convenience stores involved in the sale of fuels.
Bank. A financial institution that allows drive -through and automatic tellers. See Financial
Institution.
Billboard. See Sign, Off -Premises.
Boarding or Rooming House. A residential use consisting of at least one dwelling unit together
with more than two rooms that are rented or are designed or Intended to be rented but which
rooms, individually or collectively, do not constitute separate dwelling units. A rooming house
or boarding house is distinguished from a tourist home in that the former is designed to be
occupied by longer term residents (at least month -to -month tenants) as opposed to overnight
or weekly guests. See Tourist Home.
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§200. - GENERAL DEFINITIONS
Buffer (or buffervard). A combination of land and physical barriers such as fencing, plant
materials, and earthen berms which separate or screen various land uses and street right-of-
ways.
Building Any structure which has a roof and which is designed for the shelter, support or
enclosure of persons, animals, or property of any kind. See Structure.
Building Line. See Setback Line.
Care Home. A health facility with support and supervisory personnel that provides room and
board, personal care, and rehabilitation services for more than sic (6) residents. This definition
also Includes 'nursing home; 'convalescent home,"rest home, and similar terms of equivalent
meaning. See Family Care Home and Retirement Home.
Church. Club. or Private Lodge. An Incorporated or unincorporated association for civic, social,
cultural, religious, fraternal, literary, political, recreational, or like activities, operated on a
nonprofit basis for the benefit of Its members.
Circulation Area. That portion of the vehicle accommodation area used for access to parking
or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering
areas (other than parking aisles) comprise the circulation area
Conditional (or Soeclan Use. A use that would not be appropriate generally as a right without
restriction throughout a zoning district, but which, If controlled as to number, area, location, or
relation to the neighborhood, would not harm the public health, safety, morals or the general
welfare.
Convenience Store. A one-story, retail store containing less than 2,000 square feet of gross
floor area that is designed and stocked to sell primarily food, beverages, and other household
supplies to customers who purchase only a relatively few items. It is designed to attract and
depends upon a large volume of stop -and -go traffic. For convenience stores involved in the
sale of fuels, see Automobile Service Station.
Curb Cut. A lowered or cut -away curb for purposes of ingress or egress to property abutting
a public street.
Day Care Facilities for Children. Kindergarten. A structure or structures used for the care and
supervision of six (6) or more children on a nonresident basis.
Dish Antenna (or earth station). A dish antenna, or earth station, is defined as an accessory
structure and shall mean a combination of; 1) antenna or dish antenna whose purpose is
to receive communication or other signals from orbiting satellites and other extraterrestrial
sources; 2) a low -noise amplifier which is situated at the focal point of the receiving
component and whose purpose is to magnify and transfer signals; and 3) a coaxial cable
whose purpose is to carry the signals into the interior of the building.

§200. GENERAL DEFINITIONS
Dish Antenna (or earth station) Height. The height of the antenna or dish shall be that distance
as measured vertically from the highest point of the antenna or dish, when positioned at its
lowest angle for operation, to ground level at the bottom of the base which supports the
antenna
Dish Antenna (or earth Station) Setback. The setback of a dish antenna shall be measured
from the center mounting post supporting the antenna
District. Zoning. A section of the Town of Ahoskle or its extraterritorial area within which the
zoning regulations are uniform.
Driveway. That portion of the vehicle accommodation area that consists of a travel lane
bounded on either side by an area that is not part of the vehicle accommodation area
Dog Pen. A noncommercial accessory use to a private structure that is fenced in, with or
without a roof, providing containment and/or shelter for not more than two (2) dogs beyond
the age of twelve (12) weeks. See Kennel.
Duplex . See Dwelling. Two -Family (Duplex).
Dwellin . Any building or portion thereof, which is designed for use for residential purposes,
except hotels, motels, trailer courts, mobile home parks, trailer camps, and other similar
commercial type buildings or uses.
Dwelling. Mufti -Family. A residence designed for or occupied by three (3) or more families,
with separate housekeeping and cooking facilities for each, including apartments, hotel
apartments, and group housing projects.
Dwelling, Single -Family. A detached residence other than a mobile home or modular unit
designed for or occupied by one (1) family.
Dwelling, Two -Family (Duplex). A residence designed for or occupied by two (2) families, with
separate housekeeping and cooking facilities for each.
Extraterritorial Area (or Jurisdiction). That portion of the Town's planning jurisdiction that lies
outside the corporate limits of the Town as delineated on the official zoning map for the Town .
of Ahoskie.
Ega2j . One or more persons occupying a premises and living as a single housekeeping unit,
as distinguished from a group occupying a boarding house, fraternity, or sorority house, or
hotel.
Family Care Home. A home with support and supervisory personnel that provides room and
board, personal care, and habilitation services in a family environment for not more than six
(6) resident handicapped persons.
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§200. GENERAL DEFINITIONS
Financial Institution. Any Institutional use concentrating on banking activities such as savings
and loans and banks not involved in drive -through or automatic tellers.
Floodplain. Any land area susceptible to be inundated by water from the base flood. As used
In this Chapter, the term refers to that area designated as subject to flooding from the base
flood (100-year flood) on the 'Flood Boundary and F000dway Map• prepared by the U.S.
Department of Housing and Urban Development, a copy of which is on file In the Town Clerk's
Office.
Floodway. The channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one (1) foot. As used in this Chapter, the term refers to. that area
designed as a floodway on the'Flood Boundary and F000dway Map' prepared by the U.S.
Department of Housing and Urban Development, a copy of which Is on file In the Town Clerk's
Office.
Frontage. The distance between the two side lot lines as measured along the front setback
line.
Golf Course. Land used for the sport of golf including any clubhouse or office incidental to
the use.
Gross Floor Area. The total area of a building measured by taking the outside dimensions of
the building at each floor level Intended for occupancy or storage.
Group Proiects. Two or more buildings to be constructed on a parcel of land not subdivided
Into customary streets and lots and which will not be so subdivided.
Guest House. An accessory building or portion of an existing single-family dwelling that
provides lodging for guests or tenants that may or may not pay rent. See Boarding House.
Habitable Floor. Any floor usable for living purposes, which includes working, sleeping, eating,
cooking, or recreation, or any combination thereof. A floor used only for storage is not a
habitable floor.
Home Occupation. An occupation for gain customarily conducted in a single-family dwelling
by a person or family residing thereon and subject to the requirements set forth in Section
401J of this chapter. ,
Home Professional Office. The office, studio or occupational room of a doctor, dentist,
architect, artist, musician, instructor, professional engineer or surveyor, lawyer or similar
professional person or of a person engaged in real estate or insurance when such use is in
conformance with Section 401 K of this chapter.
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§200. GENERAL DEFINITIONS
Hotel, Motel, Motor Lodge, Motor Inn. A commercial building or group of buildings providing
lodging for the public, where such lodging Is primarily for transient patrons. See Tourist Home.
Junkyard Use of property for Indoor or outdoor storage, sale, or resale of junk including
scrap metal, rags, paper, or other scrap materials, used lumber, salvaged house wrecking,
and structural steel, materials and equipment, or for the dismantling, demolition, or abandon-
ment of automobiles and boats or other vehicles or machinery or parts thereof.
Kennel. Kennels may be private noncommercial dog pens which contain more than two dogs
or commercial enterprises which provide food, shelter, and other services regardless of the
number of dogs. See Dog Pen.
Loading and Unloading Area. That portion of the vehicle accommodation area used to satisfy
the requirements of Section 402 of these regulations.
Lot. A parcel of land whose boundaries have been established by some legal Instrument such
as a recorded deed or a recorded map and which is recognized as a separate legal entity for
purpose of transfer of title.
If a public body or any authority with the power of eminent domain condemns, purchases,
or otherwise obtains fee simple title to or a lesser Interest in a strip of land cutting across a
parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained
or the road so created is such as effectively to prevent the use of this parcel as one lot, then
the land on either side of this strip shall constitute a separate lot.
Lot Area. The total area circumscribed by the boundaries of a lot, except that: 1) when the
legal Instrument creating the lot shows the boundary of the lot extending into a public street
right-of-way, then the lot boundary for purposes of computing the lot area shall be the street
right-of-way line, or If the right-of-way line cannot be determined, a line running parallel to and
thirty (30) feet from the center of the traveled portion of the street, and 2) in a residential
district, when a private road that serves more than three (3) dwelling units is located along any
lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside
boundary of the traveled portion of that road.
Lot, Corner. A lot which has at least two (2) adjacent sides abutting for their full lengths on
a street; provided, that the interior angle at the intersection of such two sides is less than one
hundred thirty-five (1351 degrees. See Lot Line, Front.
Lot Coverage. The total ground area covered by the principal building and all accessory
buildings including any sheltered area. .
Lot Depth. The mean horizontal distance between front and rear tot lines.
Lot. Double Frontage. A lot which fronts on two parallel streets, or which fronts upon two
streets which do not intersect at the boundaries of the lot.
Lot Line. The line bounding a lot as defined in the definition of 'lot' in this section.
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' §200. GENERAL DEFINITIONS
' Lot Line, Front. The line dividing a street right-of-way from a lot as defined in this section.
In the case of comer lots, both lines shall be front lot lines for determining dimension
requirements.
' Lot of Record. A lot which is a part of a subdivision or plat which has been recorded in the
Office of the Register of Deeds of Hertford County, or a lot described by metes and bounds,
the description of which has been so recorded in the Office of the Register of Deeds.
' Lot Width. The distance between side lot lines measured along the minimum front setback
line.
' Manufacturing, Class A. Manufacturing uses that Include the manufacturing of boats, bags,
leather goods, optical and scientific instruments, jewelry, clocks, musical Instruments,
pharmaceutical products, mobile homes, campers, signs, stonecutting, monuments, and
' venetian blinds. Also included are manufacturing plants such as bakeries, bottling works, cold
storage, Ice, dairy processing, drycleaning and laundry. Other uses allowed in this category
are welding, coal yards, food processing (other than meat, fish, poultry, vinegar or yeast), grain
' elevators, lumber yards, and sheet metal and tinsmith shops.
Manufacturing. Class B. Manufacturing uses that include the manufacturing of Iron and steel
products, Industrial chemicals, machines, tools, oxygen, cardboard, rags, paper, pulp, pottery,
' porcelain, vitreous china, poultry dressing, railroad cars, soap, detergent, textiles, and fertilizer.
Also included are the plating and galvanizing of metals, cooperage works, enameling,
lacquering, meat packing, metal fabrication, and concrete mixing. Other uses allowed in this
' category are hatcheries, thick terminals, freight, hauling, junk and storage yards.
Mobile Home. A dwelling unit that:
' 1) is not constructed in accordance with the standards set forth in the North Carolina State
Building Code for site -built homes, and
2) is composed of one or more components, each of which was substantially assembled In
' a manufacturing plant and designed to be transported to the home site on its own chassis,
and
3) exceeds forty (40) feet in length and eight (8) feet in width.
' Mobile Home, Double Wide. A mobile home consisting of . two (2) sections combined
horizontally at the site while still retaining their individual chassis for possible future movement.
' Mobile Home Park. Any place or tract of land maintained, offered, or used for the parking of
at least ten (10) or more mobile homes used or intended to be used for living or sleeping
purposes. See Mobile Home Park Regulations, Section 405.
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§200. GENERAL DEFINITIONS
Modular Home. A dwelling unit constructed in accordance with the standards set forth in the
North Carolina State Building Code and composed of components substantially assembled in
a manufacturing plant and transported to the building site for final assembly on a permanent
foundation. Among other possibilities, a modular home may consist of two or more sections
transported to the site in a manner similar to a mobile home (except that the modular home
meets the North Carolina State Building Code), or a series of panels or room sections
transported on a truck and erected or Joined together on the site.
Motel. See Hotel, Motel, Motor Lodqe. Motor Inn.
A place of entertainment usually open during the late afternoon, evening, and/or early morning
hours and; 1) serving or allowing the consumption of distilled or Intoxicating liquors, wines,
forted wines, mixed beverages, malt beverages, beer or other alcoholic beverages; 2)
providing facilities for music, either live or recorded and may provide space for a floor show
and/or dancing; and 3) required to possess a valid permit(s) or license(s) issued by the North
Carolina Alcoholic Beverage Control Commission for the sale and on -premise consumption of
distilled and/or malt beverages.
However, a nightclub, beer hall, coffeehouse, cocktail lounge, private club or other similar
activity that is an ancillary part of a larger use, such as a full -service restaurant of fifty (50)
seats or more or a motel, shall be required to meet the provisions of this ordinance that apply
to that larger principal use if they are a physical and integrated part of that use.
This definition shall be considered to be generic to each and all activities of this nature.
Nonconforming Lot. A lot existing at the effective date of this chapter (and not created for
the purposes of evading the restrictions of this chapter) that does not meet the minimum area
requirement of the district in which the lot is located.
Nonconforming Situation. A situation that occurs when, on the effective date of this chapter,
any 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 nonconforming situation may arise because a lot does not meet minimum
acreage requirements, because structures exceed maximum height limitations, because the
relationship between existing buildings and the land (in such matters as density and setback
requirements) is not in conformity with this chapter, or because land or buildings are used for
purposes made unlawful by this chapter.
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 operating a retail clothing store
in a residentially zoned area constitutes a nonconforming use.)
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' §200.
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GENERAL DEFINITIONS
Nursing Home. See Care Home.
One Mile Area. See Extraterritorial Area.
Parking Area Aisles. That portion of a lot that is used by vehicles for access, circulation,
parking, and loading and unloading. It comprises the total of circulation areas, loading and
unloading areas, and parking areas (spaces and aisles).
Parking Space. A portion of the vehicle accommodation area for the parking of one vehicle.
' Principal Use. The principal use for which a lot or the main structure thereon is designed,
arranged, or intended, and for which it Is or may be used, occupied, or maintained.
Professional Service Office. Offices rendering professional services such as legal, medical,
' dental, engineering, or architectural.
Public Use, Class A. Any office, agency, operation or facility of the local, state or federal
' government and/or their.various sub -parts that is owned, leased, operated or maintained for
the public good and safety (i.g., library, museum, public offices). Such use shall not involve
the outdoor storage of equipment or materials. The category of uses provided for under this
' definition shall not Include such uses as correctional facilities, sanitary landfills or other uses
which create excessive noise, odor, smoke, dust, congestion or other objectionable characteris-
tics.
t Public Use, Class B. Any office, agency, operation or facility of the local, state or federal
government and/or their various subparts that is owned, leased, operated or maintained for
the public good and safety. Such uses shall include correctional facilities, sanitary landfills,
treatment plants and the like that may contain dangerous apparatus or create excessive noise,
odor, smoke, dust, congestion or other objectionable characteristics.
Residential Accessory Use. Any subordinate building or use incidental to a residential dwelling
' that Is used for storage, a dog pen, a dish antennae, or any other residentially related use that
Is located on the same lot as the dwelling. This use does not allow for renting or occupying
for gain of any such building.
' Residential accessory uses relating to a residential development can Include such things
as indoor and outdoor recreational facilities such as swimming pools, saunas, game and craft
rooms, exercise and dance studios, and community meeting rooms and lounges.
Restaurant. Drive -In. A restaurant which serves any commodity or provides any service outside
of the building.
' Restaurant. Standard. An establishment whose principal business is the sale of food and
beverages to customers in a ready -to -consume state, and whose principal method of operation
Includes one or both of the following characteristics: 1) customers, normally provided with an
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§200. GENERAL DEFINITIONS
Individual menu, are served their foods and beverages by a restaurant employee at the same
table or counter at which food and beverages are consumed; 2) a cafeteria -type operation
where food and beverages are generally consumed within the restaurant building.
Retail Store, Class A. A store that retails such items as notions, shoes, clothing, jewelry, gifts,
books, leather goods, flowers, cameras, toys, sporting goods, musical instruments, hobby and
craft goods, drugs, and candy that has no outdoor storage of materials and does not create
excess noise, odor, smoke, dust, congestion or other objectionable characteristics.
Retail Store, Class B. A store that retails only items such as the ones listed in 'Retail Store,
Class A' and in addition, retails such items as groceries, antiques, automobiles,. bicycles,
electrical and plumbing fixtures, furniture, appliances, and other similar items.
Retirement Homes. Retirement homes are facilities which provide for varying levels of housing,
feeding, recreational and educational activities, and medical care for retired people. Included
as foreseeable uses in a retirement home are duplex residential units, mufti -family residential
structures, skilled nursing facilities, infirmaries, food preparation and s0rvice facilities,
administrative offices, recreational, and other accessory facilities. See Care Home and Family
Care Home.
Rooming House. See Boarding House
School. Any public or private teaming Institution including elementary, secondary, trade or
vocational schools along with associated grounds and athletic facilities and any college,
university or community college including associated facilities such as dormitories, office
buildings, athletic fields and the like.
Service Station. See Automobile Service Station.
Setback Line. The line on the front, rear, and sides of a lot, set according to the zoning
district regulations, which delineates the area upon which a structure may be built and
maintained.
Shelter. Fallout. A structure or portion of a structure that provides protection to human life
during periods of danger to human life from nuclear fallout, air raids, storms, or other
emergencies.
Shopping Center. Two or more commercial establishments planned and constructed as a
single unit with off-street parking and loading facilities provided on the property and related
In location, size, and type of shops to the trade area which the unit serves.
Sign. Any device that 1) is sufficiently visible to persons not located on the lot where such
device is located to accomplish either of the objectives set forth in subdivision 2 of this
definition; and 2) is designed to attract the attention of such persons or to communicate
Information to them.
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§200. GENERAL DEFINITIONS
Sign, Awning. A sign structure supported by an existing structural awning or. building
overhang, placed perpendicular to the street.
Sign, Freestanding. A sign that is attached to, erected on, or supported by some structure
(such as a pole, mast, frame, or other structure) that is not Itself an Integral part of or attached
to a building or other structure having a principal function other than the support of a sign.
A sign that stands without supporting elements is also a freestanding sign.
Sign: Nonconforming. A sign that, on the effective date of this chapter, does not conform to.
one or more of the regulations set forth In this chapter, particularly Section 403.
Sign, Off -Premise. A sign that draws attention to or communicates Information about a
business, service, commodity, accommodation, attraction, or other activity that is conducted,
sold, or offered at a location other than the premises on which the sign is located.
Sign. Temporary. A sign that 1) is used in connection with a circumstance, situation, or event
that is designed, intended or expected to take place or to be completed within a reasonably
short or definite period after the erection of such sign, or 2) is intended to remain on the
location where it is erected or placed for a period of not more than fifteen (15) days. If a sign
display area is permanent but the message displayed is subject to periodic changes, that sign
shall not be regarded as temporary.
Sign, Wall. A sign attached to, painted on, or erected against a wall or parapet wall of a
building, structure or fence whose display surface is parallel to the face of the building,
structure, or fence.
Small Business Incubator Facility. A building or group of buildings that provide space and
support facilities for small business concerns within the meaning of Chapter 14A or Tale 15,
United States Code and North Carolina General Statutes, Chapter 143E-471ff. The uses of
the facility may Include any use permitted in the B-1 Central Business District and the I-L Light
Industrial District provided that:
1. All operations and storage shall be contained within the building.
2. No use shall be permitted which generates smoke, odor, noise, vibration, or other noxious
effect which is detectable outside the building.
3. No materials or processes may be used which would violate the Primary Fire District
standards established under the provisions of North Carolina General Statutes Chapter
160A-436.
Special Service Agency. An agency rendering special services such as real estate, insurance,
advertising, brokerage, stenographic, telephone answering, and the like.
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§200. GENERAL DEFINITIONS
Stable. A structure or an enclosed area housing one or more horses.
Street. A public street or a street with respect to which an offer of dedication has been made.
Street. Arterial. A major street In the city's street system that serves as an avenue for the
circulation of traffic onto, out, or around the city and carries high volumes of traffic.
Stfeet. Collector. A street whose principal function Is to carry traffic between minor, local, and
subcollector streets and arterial streets but that may also provide direct access tc, abutting
properties. It serves or is designed to serve, directly or Indirectly, more than 100 dwelling units
and is designed to be used or Is used to carry more than 800 trips per day.
Street. Cul-de-sac. A street.that terminates in a vehicular turnaround.
Street. Marginal Access. A street that is parallel to or adjacent to an arterial street and that
Is designed to provide access to abutting properties so that these properties are somewhat
sheltered from the effects of the through traffic on the arterial street and so that the flow of
traffic on the arterial street is not Impeded by direct driveway access from a large number of
abutting properties.
Street. Minor. A street whose sole function Is to provide access to abutting properties. It
serves or is designed to serve not more than nine (9) dwelling units and is expected to or
does handle up to 75 trips per day.
Street. Subcollector. A street whose principal function is to provide access to abutting
properties but is also designed to be used or is used to connect minor and local streets with
collector or arterial streets. Including residences indirectly served through connecting streets,
it serves or is designed to serve at least 26 but not more than 100 dwelling units and is
expected to or does handle between 200 and 800 trips per day.
Structure. Anything constructed or erected with a fixed location on or In the ground or
attached to something having more or less a fixed location on or in the ground. Among other
things, structures include buildings, mobile homes, walls, fences, signs, swimming pools, and
fallout shelters.
Studio. A business facility that involves artistic, photographic, or design activities and the like.
Tourist Home. A dwelling in which sleeping and/or eating accommodations are provided or
offered to transient visitors for compensation. See Boarding House.
Trailer, House. See Mobile Home.
Trailer Park. See Mobile Home Park.
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§200. GENERAL DEFINITIONS
Travel Trailer. A vehicular, portable structure built on a chassis, designed to be used as a
temporary dwelling for travel and recreational purposes, having a body width not exceeding
eight (8) feet. A travel trailer is not a dwelling unit.
Variance. A variance is a relaxation of the terms of this chapter. A variance may be made
where, owing to conditions peculiar to the property not the result of the actions of the applicant,
a literal enforcement of the regulations would result in unnecessary and undue hardship.
Variances may be granted by the Board of Adjustment which must adhere to certain rules and
regulations as set forth in this ordinance.
Vehicle Accommodation Area. That portion of a lot that is used by vehicles for access,
circulation, parking, and loading and unloading. it comprises the total of circulation areas,
loading and unloading areas, and parking areas (spaces and aisles).
Yard. A required open space. unoccupied and unobstructed by any structure or portion of a
structure, from ground to sky, except as provided herein.
Yard. From. A yard extending across the front of a lot from side lot line to side lot line and
lying between the abutting street right-of-way line and the front building setback line.
Yard. Rear. A yard extending across the rear of the lot from side lot line to side lot line and
lying between the rear property line and the rear building setback line.
Yard. Side. A yard extending along either side of a lot from front setback line to rear setback
line and tying between the side lot line and the side setback line.
Zoning Administrator. That person designated by the Town Manager to be in charge of the
administration of the zoning ordinance.
Zoning Enforcement Officer. That person designated by the Town Manager to be in charge
of the enforcement of the Zoning Ordinance (.e., Building Inspector).
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SECTION 300
ZONING DISTRICTS AND REGULATIONS
Within the zoning districts indicated on the Official Zoning Map for the Town of Ahoskie, no
building or land shall be used, and no building shall be erected or altered which is intended or designed
to be used in whole or in part for any other purpose than those listed as permitted for that district in this
section. Furthermore, each permitted use shall conform to the dimensional requirements for the district
in which it is located.
Those uses classified in this section as conditional uses are allowed if they meet the criteria
set forth In Section 502 of this chapter and approval has been granted by the Board of Adjustment.
The Permitted and Conditional Use Table following the district designations should be read in
close conjunction with the definitions of terms set forth in Section 200 of this chapter.
In addition to the regulations set forth in this section, all permitted arid conditional uses are
subject to the general provisions in Section 100 and the supplemental regulations in Section 400.
§301. R-20 SINGLE-FAMILY RESIDENTIAL DISTRICT
The R-20 Residential District is established as a district in which the principal use of land is
for low density residential and agricultural purposes. The regulations of this district are Intended to protect
the agricultural sections of the community from an influx of uses likely to render It undesirable for farms
and future development, and to insure that residential development not having access to public water
supplies and dependent upon septic tanks and outdoor privies for sewage disposal will occur at sufficiently
low densities for a healthful environment.
§301.1
DISTRICT REQUIREMENTS R-20
A.
Lot area - minimum required
20,000 sq.ft.
With public water and sewer
15,000 sq.ft.
B.
Lot width - minimum required
100 ft.
C.
Front yard - minimum required
30 ft.
D.
Side yard - minimum required
15 ft.
E.
Rear yard - minimum required
25 ft.
F.
Lot coverage - maximum allowed
40%
§302. R-15 SINGLE-FAMILY RESIDENTIAL DISTRICT
The R-15 Residential District is established as a district in which the principal use of land is for
single-family residence. The regulations of this district are intended to discourage any use which because
of its character, would substantially interfere with the development of single-family residences in the district
and which would be detrimental to the quiet residential nature of the areas included within this district.
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§300. ZONING DISTRICTS AND REGULATIONS
§302.1 DISTRICT REQUIREMENTS R-15
A.
Lot area - minimum required
15,000 sq.ft.
B.
Lot width - minimum required
90 ft.
C.
- Front Yard - minimum required
30 ft.
D.
Side yard - minimum required
15 ft.
E.
Rear yard - minimum required
25 ft.
F.
Lot coverage - maximum allowed
40%
§303. R-10 RESIDENTIAL DISTRICT
The R-10 Residential District is established as a district in which the principal use of land is for
single-family and two-family residences. The regulations of this district are intended to provide areas of
the community for those persons desiring small residences and two-family (duplex) structures in medium
density neighborhoods. The regulations are Intended to discourage any use which because of its
character would interfere with the residential nature of this district.
§303.1 DISTRICT REQUIREMENTS R-10
A.
Lot area - minimum required for
first dwelling unit
additional lot area required for each
additional unit on ground floor
additional lot area required for each
additional unit not on ground floor
B.
Lot width - minimum required
C.
Front yard - minimum required
D.
Side yard - minimum required
E.
Rear yard - minimum required
F.
Lot coverage - maximum allowed
10,000 sq.ft.
5,000 sq.ft.
2,000 sq.ft.
75 ft.
30 ft.
15 ft.
20 ft.
40%
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§300. ZONING DISTRICTS AND REGULATIONS
§304. R-6 MULTI -FAMILY RESIDENTIAL DISTRICT
The R-6 Residential District is established as a district in which the principal use of land is for
single-family, two-family, and multi -family residences. The regulations of this district are Intended to provide
areas of the community for those persons desiring small residences and multi-famiy structures in relatively
high density neighborhoods. The regulations are Intended to discourage any use which because of its
character would interfere with the residential nature of this district.
§304.1 DISTRICT REQUIREMENTS R-6
A.
Lot area - minimum required
for first dwelling
6,000 sq.ft.
Additional lot area required for each
additional unit on ground floor
3,500 sq.ft.
Additional lot area required for each
additional unit not on ground floor
2,000 sq.ft.
B.
Lot width - minimum required
60 ft.
C.
Front yard - minimum required
30 ft.
D.
Side yard - minimum required
10 ft.
E.
Rear yard - minimum required
20 ft.
F.
Lot coverage - maximum allowed
40%
§305. R-6MH MULTI -FAMILY AND MOBILE HOME RESIDENTIAL DISTRICT
The R-bMH Residential District is established as a district in which the principal use of land is for
single-family, two-family, multi -family residences and mobile homes, and mobile home parks. The
regulations of this district are intended to provide areas of the community for those persons desiring small
residences and multi-famiy structures in relatively high density neighborhoods. The R-6MH District is
similar to the R-6 District in every respect with regard to lot sizes and design standards. The R-6MH
District, however, permits the location of mobile homes and mobile home parks.
§305.1 DISTRICT REQUIREMENTS R-6MH
A. Lot area - minimum required
for first dwelling unit 6,000 sq.ft.
additional lot area required for each
additional unit on ground floor 3,500 sq.ft.
21

§300. ZONING DISTRICTS AND REGULATIONS
additional tot area required for each
'
additional unit not on ground floor
2,000 sq.ft.
B.
Lot width - minimum required
60 ft.
' C.
From yard - minimum required
30 IL
' D.
Side yard - minimum required
10 ft.
E.
Rear yard - minimum required
20 ft.
' F.
Lot coverage - maximum allowed
40%
§306. 04 OFFICE AND INSTITUTIONAL DISTRICT
The 0-1 Office and Institutional District Is established as a district primarily for institutional uses,
' office uses, and commercial activities having only limited contact with the general public, not involving the
sale of merchandise at retail except incidentally. The regulations of this district are intended to encourage
structures surrounded with amply open spaces including that for yards and for off-street parking and
loading of vehicles.
§306.1 DISTRICT REQUIREMENTS 0-1
A. District requirements for residential uses are as follows:
1.
Lot area - minimum required
for first dwelling
6,000 sq.ft.
Additional lot area required for
each additional unit on ground floor
3,500 sq.ft.
Additional lot area required for
each additional unit not on
ground floor
2,000 sq.ft.
2.
Lot width - minimum required
60 ft.
3.
Front yard - minimum required
30 ft.
4.
Side yard - minimum required
10 ft.
5.
Rear yard - mimimum required
20 ft.
6.
Lot Coverage - maximum allowed
40%
B. District requirements for office and institutional uses are as follows:
1.
Lot area - minimum required
9,000 sq. ft.
2.
Lot width - minimum required
75 ft.
0

§300. ZONING DISTRICTS AND REGULATIONS
3.
Lot depth - minimum required
120 ft.
4.
From yard - minimum required
40 ft.
5.
Side yard - minimum required
10 IL
6.
Rear yard - minimum required
20 ft.
7.
Lot coverage - maximum allowed
50%
§307. B-1 CENTRAL BUSINESS DISTRICT
The regulations for this district are designed to permit a concentrated development of permitted
facilities within the central portion of Ahoskie with emphasis upon large scale and specialized shops
serving a regional retail trading area
§307.1 DISTRICT REQUIREMENTS, B-1
No yards are required except that if the rear of the lot abuts a residential district there shall be a
twenty (20) foot rear yard and if side yards are provided they must be at least three (3) feet in width.
Where there Is no yard, a non-combustible mutual wall between buildings shall be provided by the
developer.
§308. B-2 COMMERCIAL DISTRICT
These Commercial Districts are generally located on the major radial highways into the town and .
provide offices, personal services, and retailing of durable and convenience goods for the community.
Because these commercial uses are subject to the public view, which is a matter of Important concern to
the whole community, they should provide an appropriate appearance, ample parking, controlled traffic
movement and suitable landscaping, Including adequate buffers on sides adjacent to residential uses.
§308.1 DISTRICT REQUIREMENTS B-2
A.
Lot Area - minimum required
9,000 sq. ft.
B.
Lot width - minimum required
75 ft.
C.
Lot depth - minimum required
120 ft.
D.
Front yard - minimum required
40 ft.
E.
Side yard - minimum required
10 ft.
F.
Rear yard - minimum required
20 ft.
G.
Lot coverage - maximum allowed
50% ,
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' §300. ZONING DISTRICTS AND REGULATIONS
§309. B3 SHOPPING CENTER DISTRICT
The Shopping Center District is established as a district in which the principal use of land is to
provide for the retailing of goods and services to the adjacent residential neighborhoods. The regulations
' of this district are intended to provide for retail trades and services in designated shopping areas, where
the nature of the development occurring is limited by standards, including buffering, designed to protect
the abutting residential areas.
' §309.1 DISTRICT REQUIREMENTS B3
'
A.
Lot area, shopping center - minimum required 4 acres
No lot on which an individual building is placed
'
shall contain less than 5,000 square feet.
Provided, however, that a building having one or
more party walls and a common roof with one or more
similar buildings, but individually owned, may be
on a lot of any size so long as all of the provis-
ions of this chapter are complied with on that lot.
'
B.
Front yard - minimum required 50 ft.
C.
Side yard - minimum required 20 ft.
'
D.
Rear yard - minimum required 20 ft.
E.
Lot coverage - maximum allowed 50%
§310. I-L LIGHT INDUSTRIAL DISTRICT
The I-L Industrial District is established as a district in which the principal use of land is for
Industries which can be operated in a relatively clean and quiet manner and which will not be obnoxious
to adjacent residential or business districts, warehousing and wholesaling activities with limited contact with
the general public and for certain outdoor amusement facilities which generate large volumes of automobile
traffic. The regulations are designed to prohibit the use of land for heavy industry which should be
properly segregated and to prohibit any other usewhich would substantially interfere with the development
of industrial establishments in the district.
§310.1 DISTRICT REQUIREMENTS I-L
No building shall be less than forty (40) feet from the street right-of-way line. No other yards are
required, except where the rear of a lot abuts a residential or 0-1 district, there shall be a twenty-five (25)
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' §300. ZONING DISTRICTS AND REGULATIONS
foot rear yard and where a lot abuts upon the side of a lot zoned residential, there shall be a side yard
of not less than the minimum required in the district on which it abuts. In cases where a side yard, not
required, is provided, it shall be at least five (5) feet in width.
' §311. I-H HEAVY INDUSTRIAL DISTRICT
' The 1-Fl Industrial District is established as a district in which the principal use of land is for heavy
industries that by their nature may create some nuisance and which are not properly associated with nor
compatible with residential, commercial, and service establishments.
' §311.1 DISTRICT REQUIREMENTS I-H
' No building shall be less than forty (40) feet from the street right-of-way. No other yards are
required except where the rear of a lot abuts a residential or 0-1 district, there shall be a twenty-five (25)
foot rear yard and where a lot abuts upon the side of a lot zoned residential there shall be a side yard
' at least fifteen (15) feet in width. In cases where a side yard, not required, is provided it shall be at least
five (5) feet in width.
§312. PUD PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT
The purpose of the Planned Unit Development Overlay District is:
A. To allow flexibility that will encourage a more creative approach in the development of
land, and will result in a more efficient, aesthetic and desirable use of open area, while
substantially maintaining the same population density and area coverage permitted in the
district In which the project is located.
B. To allow flexibility in design, placement of buildings, use of open spaces, circulation
facilities, off-street parking areas, and to best utilize the potentials of sites characterized
by special features of geography, topography, size and shape.
C. To allow a mixture of densities between zoning districts and plan designations when more
than one district or designation Is included in the development.
§312.1 DEVELOPMENT REQUIREMENTS
In considering a proposed Planned Unit Development project, the approval thereof may involve
modifications in the regulations, requirements, and standards of the zoning district in which the project is
located. The following regulations, requirements, and standards shall apply:
A. Site Adaptation: To the maximum extent possible, the plan and design of the development
shall assure that natural or unique features of the land and environment are preserved.
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§300. ZONING DISTRICTS AND REGULATIONS
B. Lot Arrangement: All tots within the development shall be designed and arranged to have
direct access to or frontage on open space or recreation areas.
C. Density of Development: Residential density shall be the same required for the subject
zoning district.
D. Amount of Open Space: The required amount of open space or outdoor recreational area
shall be at least twenty percent (20%) of the gross area Such open space should Include
school access routes, bicycle trails, natural or landscaped buffer areas, and the like
whenever practical or appropriate.
E. Structure Setback Provisions: Yard setbacks for lots on the perimeter of the project shall
be the same as that required for the subject zoning district All detached structures shall
maintain a minimum side yard setback of three (3) feet or meet the Uniform Building Code
requirement for fire walls. A minimum front yard setback of twenty (20) feet shall be
required for any garage structure whose opening faces onto a public road. .
F. Individual Lot Street Frontage: No individual lot street frontage is required when such lots
are shown to have adequate access in a manner which Is consistent with the purposes
and objectives of this section.
G. Circulation:
1. Access: Planned Unit Developments shall be appropriately located with respect
to major streets and highways or other transportation facilities so as to provide
direct access, without creating traffic along minor streets in residential areas.
Entrances and exists for automotive vehicles shall be designed to encourage
smooth traffic flow with controlled turning movement and minimum hazards to
pedestrians, passing traffic, or to traffic entering and leaving the development. In
no case shall streets within a Planning Unit Development connect to streets
outside the Planned Unit Development In such a way as to encourage use of
minor streets for through traffic.
2. Internal: Roads, pedestrian and bicycle trails shall be an integrated system to
provide eircient and safe circulation to all uses. Developments should be
designed to minimize the length of roadway.
3. Siting of Roadway and Parking Areas: Siting of roadways and parking areas shall
be consistent with the character of the site, avoiding excessive cuts and fills, etc.
4. Planned Unit Development Parking Standards: The following shall be the minimum
off-street parking requirements for dwelling units and permitted commercial uses
In a residential Planned Unit Development.
(a) Parking requirements for residential and commercial use shall be the same
as required under Section 402 of this ordinance.
26

§300. ZONING DISTRICTS AND REGULATIONS
(b) Off-street parking may be provided on each lot or clustered in parking
pods in proximity to the dwelling units they serve.
H. Utilities: In addition to other requirements set forth herein, the following shall apply:
r 1. All utilities shall be approved by the appropriate agencies.
2. All sewer and water provisions shall be approved by the appropriate agencies
before the plans are approved by the Board.
3. All utility services shall be placed underground.
4. Provisions shall be made for fire prevention, including service waterlines, non -
freeze hydrants, and fire emergency access for firefighting equipment around
buildings.
S. Provision shall be made for control of site storm drainage.
I. Homeowners' Association: A non-profit incorporated homeowners' association or an
alternative acceptable to the Town shall be required if other satisfactory arrangements have
not been made for improving, operating and maintaining common facilities, including open
space, streets, drives, service and parking areas, recreation areas, and storage. The
following principles shall be observed in the formation of any homeowners' association and
shall be reviewed by the Town Council:
1. A homeowners' association shall be set up before approval of the final plat, or any
portion thereof.
2. Membership shall be mandatory for each home buyer and any successive buyer.
3. The open space restrictions shall be in perpetuity.
4. The homeowners' association shall be responsible for liability insurance, local
taxes, and the maintenance of recreational and other facilities.
S. Homeowners shall pay their pro rata share of the cost, or the assessment levied
by the association shall become a lien on the property.
.6. The association shall be able to adjust the assessment to meet changes needed.
7. No change in open space use or dissolution of homeowners' association shall
occur without a public hearing before the Board.
J. An alternative to a Homeowners' Association may deed restrictions or conservation ease-
ments, when the Town determines such will protect the intent and purpose of this chapter
and be in the public's interest.
27

§300. ZONING DISTRICTS AND REGULATIONS
§312.2 PROCEDURE FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT
A. Planned Unit Development subdivisions proposing only residential dwelling units:
1. Shall follow the procedure and submission of plans as required by the Town Sub-
division Regulations.
2. Planning Board shall review all preliminary Planned Unit Development Subdivisions
for compliance with these standards and may give preliminary approval with
conditions, or dental to the preliminary plat.
B. Planned Unit Developments proposing commercial uses shall be processed as a
Conditional Use.
C. The Planning Board may modify the requirements in this section If In their judgement the
public interests and the provisions of this section are achieved.
§312.3 FORM AND CONTENT OF APPLICATIONS
The following Information, plans, and. maps shall be submitted as part of the application for a
Planned Unit Development:
A. Names, addresses, and telephone numbers of the owners and developers as well as
project engineers or surveyors.
B. A list of any adjacent lands to the development owned by the developer.
C. Name of development, date, north arrow, and scale of drawing (not less than 1' = 20' nor.
more than 1' = 200').
D. Location of the development by Section, Township, Range and Lot or Lots.
E. The boundary lines and names of adjacent subdivisions or major partitions, adjacent
streets, and tract lines of adjacent parcels of property.
F. Vicinity map (at a legible scale) showing the relationship to the nearest arterial, highway,
or street.
G. Property boundaries and dimensions. Approbmate dimensions and layout of lots, minimum
lot size.
H. Ground elevations shown by contour lines of not less than five (5) foot vertical intervals.
State source of information.
I. Gross acreage in proposed development.
28

' §300. ZONING DISTRICTS AND REGULATIONS
J. Existing zoning of property.
K Proposed uses of the property, including sites, if any, for attached dwelling units,
recreational facilities, parks and playgrounds or other public or semi-public uses, with the
purpose, condition and limitations of such reservations clearly indicated.
L Existing uses of the property, including the location and use of all existing structures and
their disposition. Existing trees and/or other natural vegetation.
M. Source of the domestic water supply and sewer disposal.
N. Drainage Statement: Watercourses on and abutting the property. Approximate location
of areas subject to inundation of storm water overflow, or all areas covered by water, and
the approximate location, width, and direction of.flow of all watercourses. Direction of
drainage on proposed streets shall be indicated.
O. The approximate location, and dimensions (horizontal and venicaD of all commercial,
common -wall, or multi -family structures proposed to be located on the site.
P. Improvements: Statement of Improvements to be made or installed including streets,
sidewalks, bikeways; trails, lighting, tree planting, landscaping, and time such improvements
are to be made or completed.
O. The proposed location, width and surface conditions of alleys and streets within the
development.
R. Easements: Approximate width, location and purpose of all existing and proposed ease-
ments.
S. Utilities such as electrical, gas, and telephone lines on and abutting the tract.
T. Written Statement: Information which is not practical to be shown on the maps may be
shown in separate statements accompanying the proposed development.
U. In areas identified as Areas of Environmental Concern (AEC), the developer shall submit
a site analysis as described in Section 104.4. If the Zoning Administrator determines
additional information is necessary, he shall notify the developer in writing of the specific
issues on which more information is needed. The developer shall provide this information
In writing to the Town prior to formal consideration by the Board. This requirement may
be waived in the event all development is transferred to more suitable land outside ares
designated as AEC.
29

' §300. ZONING DISTRICTS AND REGULATIONS
§312.4 EXPIRATION
Planned Unit Developments that have Conditional Use approval for commercial uses shall obtain
preliminary plat approval for the proposed development by the Board within one (1) year of the date on
which the Conditional Use was granted..The aforementioned preliminary approval shall be effective for two
(2) years from the date of approval by the Board during which time the final plat shall be recorded.
' The Planning Board may extend the approval period for not more than one (1) additional year at
a time. Request for extension of approval time shall be submitted in writing. Thirty (30) days prior to the
approval period elapsing, the Board shall inform the developer in writing of said fact. Notice to the
' developer shall become a part of the permanent file. If the developer or his agent has not requested
extension of the Planned Unit Development within forty-five (45) days after the elapsed date, any and all
approvals shall become void. The Board may also request that the Planned Unit Development be
resubmitted at any time after the one (1) year period rather than extending the original approval. The
Board may also require modification, revision, or change within the proposed Planned Unit Development
to benefit the public Interest in granting a one (1) year time extension.
1
1
II
11
11
30
11

§300. ZONING DISTRICTS AND REGULATIONS
§313. TABLE OF PERMITTED AND CONDITIONAL USES
P = Permitted; C = Conditional
USE CATEGORY
'ZONING
DISTRICT
R-20
R-15
R-10
R-6
R-6MH
0.1
B-1
9-2
B-3
1-L
1-N
PUD
RESIDENTIAL
Boarding house
P
p
p
Family care home
P
P
p
Guest house
p
p
p
Home occupation
p
p
P
P
p
p
Home professionat office
P
C
C
p
p
P
Mob le home
p
Mobile home double wide
p
Mobile home Park
P
Modular home
P
p
- p
P
Mutti-famity dwettino
P
P
P
Planned unit development
C
C
P
Residen iel accessory use
p
P
P
p
p
P
P
Singte-famiiy dwetting
P
P
P
p
P
P
P
Tourist home
p
p
P
p
Two-amityTwo-famity dwelling ( du tex
P
P
P
P
P
Three-family dwetlin (triplex)
C
P
P
P
INSTITUTIONAL
Care home
C
C
C
p
Cemetery
p
C
p
p
p
Church club or lodge
p
p
p
p
p
Day care kindernarten
p
p
P
P
Financial institution
P
p
p
p
Hospitat
P
Retirement home
p
p
p
Pub is use Class A
C
C
C
C
C
p
P
P
Pubtic use Ctess B
C
C
C
C
C
P
p
Sanitarium
p
chools
C
C
C
C
C
P
P
RECREATIONAL
Bowling Way
p
P
P
Circus.carnival or fair
I p
P
Commercial Park, playground
i
I p
p
Commerciat swi ming pootP
P
Exercise or dance studio
P
I P
P
I P
I P
Game room
P
P
P
I P
Golf course
C
C
C
C
P
Kennel non-commercie
p
Nightclub
P
P
Outdoor sports
P
Pool het
p
Mpp
S a
p
P
P
Stable
P
Theater
p
P
31

§300. ZONING DISTRICTS AND REGULATIONS
§313. TABLE OF PERMITTED AND CONDITIONAL USES. CONTINUED
ZONING DISTRICT
USE CATEGORY
R-20
R-15
R-10
R-6
R-6MH
0-I
B-1
B-2
B-3
IL
IH
PUD
COMMERCIAL
A rlcultural Implement repair, indoor
C
P
P
Animal hospital
I
C
P
P
Automobile repair minor
P
P
P
P
Automobile repair ma or
P
P
Automobile sates
I
I P
P
P
Au omob le service station
I P
I P
P
P
P
Bank
P
I P
I P
P
Barber/beautyBarber/beauty shop
P
P
P
I P
Business office
P
P
P
Bus Station
P
Butcher shop
P
Cab stand
P
P
Convenience store
P
P
P
P
P
P
Dental clinic
P
P
C
Exterminator
P
P
Forming
P
Farm machinery sales
P
P
P
P
fish market t
P
P
P
Forestry
P
Funeral home
C
P
Hardware
P
P
P
P
P
Hotel
C
P
P
C
Kennel
C
P
P
Laundry/dryLaundry/dry cteanino
P
P
P
P
Medical. clinicctinic
P
P
P
C
Mobile home sales
P
P
M tore cte sates
P
P
P
P
Nursery
P
P
P
Pen wall a er sales
P
P
P
P
P
Parking tot
P
P
P
Pet shop
P
P
P
Print shop
P
P
P
P
Professional service agencies
P
P
P
Radio V repair
P
P
C
P
P
Recreational vehicle sales and service
P
P
P
Restaurant standard
P
P
P
P
Restaurant drive-in
P
P
Retail stores Class A
P
P
P
R ai stores lass B
P
P
Seed feed
P
P
P
P
Shoe repair
P
P
P
P
P
Small business incubator facilityfacitity
C
specialized service agencies
P
P
P
P
Studio artphoto, design, eta
P
P
P
P
Television or radio broadcast stationP
P
P
P
Train Station
P
32

§300. ZONING DISTRICTS AND REGULATIONS
§313. TABLE OF PERMITTED AND CONDITIONAL USES concluded
USE CATEGORY
ZONING
DISTRICT
R-20
R-15
R-10
R-6
R-6MH
0-1
B-1
B-2
B-3
IL
IN
PUD
INDUSTRIAL ,
Airport
v
Apparel manufacturina
I
C
p
I p
Building materials storage and sale
I
p
p
Bus garage
p
p
Carpentry
p
p
Carpet cleaning
p
p
Electrical and industrial equipment repair
p
p
Farm Product assembly
p
p
Flammable axes li uids storage
C
Industrial research educational facilities
P
P
Junkyard
C
Manufacturing. Class A
p
p
manufacturing, Class B
p
Publishing and reproductfon
C
I p
p
Warehouse
p
p
Wholesalingp
p
33

M I• 1=1 MIMI IM MIMI M I M1=1 M=1 M M=1 IM M
W
§300. ZONING DISTRICTS AND REGULATIONS
§314. SCHEDULE OF DIMENSIONAL REGULATIONS
s
R-20 R-15 -R-10 R-6.R-6MN 0-I B-1 B-2 B-3 I-L I-N
MINIMUM
First dwelling
20,000
10,000
6,000
Residential
N/A
9,000
Individual
N/A
N/A
LOT AREA
uses must
Building-
Each additional
(sq.ft.)
w/public
meet R - 6
5,000
dwelling on
water and
require -
first floor
sewer,
15.000
5,000
3,500
ments.
Minimum
'
15,000
All other
for
Each additional
uses must
District -
dwelling
2,000
2,000
meet B-2
4 acres.
require-
ments.
MINIMUM LOT WIDTH
100I
90,
75'
601
N/A
Width
N/A
N/A
751
Depth
1208
MINIMUM FRONT TARO SETBACK
30-
308
30.
30.
N/A
401
501
401
40-
from any
from any
'
street
street
right-
right-
of-way
of -way
MINIMUM SIDE YARD SETBACK
15-
158
15,
10,
N/A
10,
20-
N/A
N/A unless
abuts resi-
.
-
dentist;
then 158
MINIMUM REAR YARD SETBACK
25,
25-
20'
20,
N/A
20,
20-
N/A
N/A unless
unless
unless
abuts resi-
rear
abuts
dentist;
abuts
rest-
then 25,
resi-
dentist;
dentist;
dential;
then 25-
then 251
then 204
MAXIMUM LOT COVERAGE
40%
40%
40%
40X
N/A
50%
SPX
N/A,
N/A
NOTE: On corner lots, the two sides facing the intersecting streets shall be regarded as front yards.
This table is a supplement to Section 300's Zoning Regulations and, especially with respect to
the I-L and I-H districts, should be read in close conjunction with the text.

SECTION 400
SUPPLEMENTAL DISTRICT REGULATIONS
§401. SUPPLEMENTARY USE REGULATIONS
The uses and situations mentioned herein must comply with these requirements In addition to any
other district regulations applicable.
A. Animal HOSDItal
1. All animal hospitals shall have a minimum area of one (1) acre.
2. These hospitals must have minimum street frontage of three hundred (300) feet,
3. No animal storage shall be allowed within one hundred (100) feet of any residential
use.
B. Automobile Service Stations
1. All automobile service stations shall have a minimum lot area of seven thousand
V,000) square feet.
2. Stations must have at least one hundred (100) feet of street frontage.
3. No portion of such station shall be nearer than twenty-five (25) feet to the property
line.
4. All automobile servicing shall be performed Inside a structure.
5. No outdoor storage of materials is allowed.
6. All parking or storage of vehicles shall be provided at least fifteen (15) feet from
the front property line.
C. Building Height
1. All residential buildings are limited to a height of thirty-five (35) feet or two stories.
2. All other buildings in excess of fifty (50) feet in height must increase all setbacks
(front, side, rear) a distance of one (1) foot for every two (2) feet in excess of fifty
feet.
D. Cemetery
1. All cemeteries shall conform with standards established by the Hertford County
Health Director and the regulatory provisions in the North Carolina General Statutes.
2. All cemeteries shall have a minimum area of six thousand (6,000) square feet.
35

§400. SUPPLEMENTAL DISTRICT REGULATIONS
E.
F.
G.
H.
3. Under no circumstances shall any grave be closer than twenty (20) feet from any
property line or street right-of-way.
Corner Visibility
On a comer lot, within the area formed by the center lines of the intersecting
r streets and a line adjoining points on such center lines at a distance of eighty (80) feet
from their intersection, there shall be no obstruction to vision between a height of three
(3) and ten (10) feet above the average center line grade of each street.
Daycare. IOndemarten
1. Every daycare or kindergarten shall have a minimum play area of two hundred
(200) square feet for each child.
2. Play areas must be surrounded by a sturdy fence at least four (4) feet high.
Dish Antennae (or Earth Station)
1. All dish antennae used for residential purposes must comply with the following
additional requirements.
a. Dish antennae exceeding six (6) feet in diameter shall be prohibited from
rooftops.
b. Dish antennae exceeding six (6) feet in diameter shall not exceed fifteen
(15) feet in height.
C. Dish antennae may not exceed fifteen (15) feet in diameter.
d. There shall be no more than one (1) dish antennae per residential lot.
e. Dish antennae must meet all requirements for residential accessory uses
in part S of this section.
2. All dish antennae used for non-residential purposes must comply with the following
additional requirements.
a. Establishments which sell dish antennae may display antennae no closer
than ten (10) feet to any street right-of-way.
b. All dish antennae shall be located in an aesthetically pleasing place,
subject to transmission and receiving restraints.
C. Dish antennae must meet all requirements for non-residential accessory
uses as stated in part P of this section.
Farms
Nothing in this chapter shall prevent any bona fide farm to operate a produce
stand on the same farm that provided ft.

11
11
11
11
11
(1
§400. SUPPLEMENTAL DISTRICT REGULATIONS
I. Fences
Fences not exceeding a height of four (4) feet shall be exempt from the yard and
building setback line requirements of this ordinance. Fences not exceeding a height of
six (6) feet to be erected only 1n side or rear yards shall be exempt from the yard and
building setback line requirements of this ordinance, provided that no fence exceeding a
height of four (4) feet will be constructed within fifteen (15) feet of any street. In all cases,
the corner visibility provisions of this ordinance shall be observed.
J. Home Occupation
1. No more than one (1) person other than those residing In the home shall be
engaged In the occupation. For barber or beauty shops, only one person residing
In the home shall be engaged in the occupation.
2. No more than twenty percent (20%) of the heated floor space of the principal
dwelling shall be used for the home occupation.
3. The home shall continue to be used principally as a dwelling.
4. Home occupations shall be permitted only In single-family dwellings.
5. The occupation shall not be visible from the street.
6. The occupation shall not involve the retail sales of products.
7. The occupation shall not constitute a nuisance or any undue disturbance in the
neighborhood.
K Home Professional Office
1. No more than two (2) persons other than those residing in the home shall be
engaged in the occupation.
2. No more than twenty-five percent (25%) of the gross floor area of the principal
dwelling shall be used for the office.
3. The home shall continue to be used principally as a dwelling.
4. Home professional offices shall be permitted only in single-family dwellings.
5. The office shall not Involve the retail sales of any product.
6. The office shall not constitute a nuisance or any undue disturbance in the
neighborhood.
37
C

1/
§400. SUPPLEMENTAL DISTRICT REGULATIONS
L Hotels, Motels, Motor Lodge Motor Inn
All buildings in a hotel complex must be at least one hundred (100) feet from a
public right-of-way.
M. Junkyard
1. The yard shall be set back at least two times the distance from the right-of-way
line as required in the district
2. The yard shall be fenced with a visual screen eight (8) feet in height in order that
no junk can be seen from the street or surrounding properties.
N. Mobile Home
1. A mobile home is a principal use and in no case shall a mobile home be allowed
on a lot occupied by another mobile home, other dwelling structure, or other
principal use.
2. All mobile homes located within the Town Limits of Ahoskie shall be connected to
the Town's municipal water and sewer systems.
3. All mobile homes shall comply with the North Carolina State Building Code and
related codes and shall be properly anchored to a foundation as specified in the
mobile homes and modular dwelling units section of the State Building Code.
4. All mobile homes shall meet the additional requirements as set forth in Section 404
of this chapter.
O. Mobile Home Sales
1. A Mobile home sales establishment shall have a minimum area of one (1) acre.
2. No such establishment shall engage in the manufacturing or service of a mobile
home.
P. Non -Residential Accessory Use
1. Bona fide farms are except from these regulations.
2. All accessory uses and buildings shall comply with the setback requirements of
the district in which they are located.
38

§400. SUPPLEMENTAL DISTRICT REGULATIONS
O. Public Utilities
Any public utilities that contain dangerous apparatus must be enclosed by a
chainlink fence at least six (6) feet high.
R. Railroads
Existing railroads may continue to be operated and maintained in residential
districts but no new railroad construction shall be established except when authorized by
the Town Council.
S. Residential Accessory Uses
1. Bona fide farms are exempt from these provisions.
2. All accessory buildings shall be located' in the rear yard except garages and
carports as long as they meet side yard requirements of the district.
3. No accessory building shall be more than fifteen (15) feet In height unless located
In the R-20 zoning district, then accessory buildings shall be no more than thirty-
five (35) feet in height.
4. All accessory buildings must be set back at least five (5) feet from any property
line.
5. Swimming pools permanently or semi -permanently constructed below ground level
and exceeding four (4) square feet In water area shall be protected by a five (5)
foot fence and latching gate to keep children and animals from having
unsupervised access.
6. Non-commercial kennels are allowed In an R-20 District, provided that all dog
storage area be erected no closer than three hundred (300) feet from any other
existing residence.
7. Dog pens must• be erected no closer than twenty-five (25) feet from any other
existing residence.
T. Stable
No stable shall be erected closer than one hundred (100) feet to any other existing
dwelling.
U. Storage of Flammable Gases or Liquids
No such storage tanks shall be located closer than twenty-five (25) feet from any
boundary line of the lot on which said storage is located.
39

§400. SUPPLEMENTAL DISTRICT REGULATIONS
§402. OFF-STREET PARKING AND LOADING
In order to assure a proper and uniform development of public parking and loading areas in the
Town of Ahoskie and its extraterritorial area, to relieve congestion in the streets, and to minimize any
detrimental effects of off-street parking areas on adjacent properties, the procedures and standards set
forth in this section shall apply. '
Before any erection of any building, or at the time any principal building is enlarged or Increased
in capacity by adding dwelling units, guest rooms, seats or floor area; or before conversion from one type
of use or occupancy to another, permanent off-street parking is required In the amount specified herein.
Such parking may be provided in a parking garage or properly graded open space.
§402.1 CERTIFICATE OF MINIMUM PARKING REQUIREMENTS
Each application for a zoning permit submitted to the Zoning Administrator as provided for in this
chapter shall include Information as to the location and dimensions of off-street parking and loading space
and the means of Ingress and egress to such space. This Information shall be in sufficient detail to
enable the Administrator to determine whether or not the requirements of this section are met.
§402.2 HANDICAPPED PARKING
All off-street parking areas for buildings that are subject to the North Carolina State Building Code,
Volume I, General Construction, shall comply with all of the requirements set forth in Section (11x) 3.3 or
any amendments thereto. Such parking spaces shall be set aside and clearly Identified with above parking
level signs (painted curb signs are acceptable) for use by individuals with physical disabilities. The
minimum number of assigned spaces for the handicapped shall be as follows. A minimum of one such
parking space per fifty (50) spaces shall be set aside for the handicapped. These minimum requirements
for the number of parking spaces for the handicapped may be included in determining whether the
minimum parking requirements of this chapter are met. In addition to any other requirement of this
chapter, parking spaces Identified for the physically handicapped that are placed on the diagonal or vertical
shall be a minimum of twelve (12) feet six (6) Inches Wide and shall be located as near as possible to the
main public entrance of a single building and centrally located where practical in parking lots that serve
more than one building. '
§402.3 COMBINED PARKING
The required parking space for any number of separate uses may be combined ih one lot but the
required space assigned to one use may not be assigned to another use, except that one-half of the
parking space required for churches, theaters, or assembly halls whose peak attendance will be at night
or on Sundays may be assigned to a use which will be closed at night and on Sundays.
40

§4OO.SUPPLEMENTAL DISTRICT REGULATIONS
§402.4 SATELLITE PARKING
A. If the number of off-street parking spaces required by this chapter cannot reasonably be
provided on the same lot where the principal use associated with these parking spaces
located, then spaces may be provided on adjacent or nearby lots in accordance with the
provisions of this section. These off -site spaces are referred to in this section as satellite
parking spaces.
B. All such satellite parking spaces (except spaces intended for employee use) must be
located within four hundred (400) feet of a public entrance of a principal building housing
the use associated with such parking, or within four hundred (400) feet of the lot on which
the use associated with such parking is located if the use is not housed within any
principal building. Satellite parking spaces Intended for employee use may be located
within any reasonable distance.
C. All satellite parking must be provided on land that is in the same ownership as the land
where the principal use is located.
D. The applicant for a parking permit for said satellite parking shall submit with his permit an
Instrument duty executed and acknowledged which subjects said land to parking used in
connection with the principal use for which it is made available. Upon issuance of a
building permit by the County Building Inspector, the Zoning Administrator shall cause said
Instrument to be recorded In the Office of the Register of Deeds in Hertford County.
§402.5 PARKING SPACE DIMENSIONS
A. Subject to Sections B and C below, each parking space shall contain a rectangular area
at least nineteen (19) feet long and nine (9) feet wide. Lines demarcating parking spaces
may be drawn at various angles in relation to curbs or aisles, so long as the parking
spaces so created contain within them the rectangular area required by this section.
B. In parking areas containing ten (10) or more parking spaces, up to twenty percent (20%)
of the parking spaces need contain a rectangular area of only seven and a half (7Yz) feet
In width by fifteen (15) feet In length. If such spaces are provided, they shall be
conspicuously designated as reserved for small or compact cars only.
C. Wherever parking areas consist of spaces set aside for parallel parking, the dimensions
of such parking spaces shall be not less than twenty-two (22) feet by nine (9) feet.
§402.6 REQUIRED WIDTHS OF PARKING AREA AISLES AND DRIVEWAYS
A. Parking area aisle widths shall conform to the following table, which varies the width
requirements according to the angle of parking.
41

§400. SUPPLEMENTAL DISTRICT REGULATIONS
PARKING ANGLE
AISLE WIDTH (feet)
0'
3W
4W
60°
90°
One -Way Traffic
13
11
13
18
24
Two -Way Traffic
19
20
21
23
24
B. Driveways shall not be less than ten (10) feet in width for one-way traffic and eighteen (18)
feet in width for two-way traffic, except ten -foot -wide driveways are permissible for two-
way traffic when: (1) the driveway is not longer than fifty (50) feet, (2) it provides access
to not more than six (6) spaces, and (3) sufficient turning space Is provided so that
vehicles need not back into a public street
§402.7 GENERAL DESIGN REQUIREMENTS
A. Unless no other practicable aftematibe is available, vehicle accommodation areas shall be
designed so that, without resorting to extraordinary movements, vehicles may exit such
areas without backing onto a public street. This requirement does not apply to parking
areas consisting of driveways that serve one or two dwelling units, although backing onto
arterial streets is discouraged.
B. Vehicle accommodation areas of all developments shall be designed so that sanitation,
emergency, and other public service vehicles can serve such developments without the
necessity of backing unreasonable distances or making other dangerous or hazardous
turning movements.
C. Every vehicle accommodation area shall be designed so that vehicles cannot extend
beyond the perimeter of such area onto adjacent properties or public rights -of -way. Such
areas shall also be designed so that vehicles do not extend over sidewalks or tend to
bump against or damage any wail, vegetation, or other obstruction.
D. Circulation areas shall be designed so that vehicles can proceed safely without posing a
danger to pedestrians or other vehicles and without Interfering with parking areas.
§402.8 VEHICLE ACCOMMODATION AREAS
A. Vehicle accommodation areas that: (1) include lanes for drive-in windows or (2) contain
parking areas that are required to have more than ten (10) parking spaces and that are
42

§400. SUPPLEMENTAL DISTRICT REGULATIONS
used regularly at least five (5) days per week shall be graded and surfaced with asphalt,
concrete or other material that will provide equivalent protection against potholes, erosion,
and dust.
B. Vehicle accommodation areas that are not provided with the type of surface specified in
Subsection A shall be graded and surfaced with crushed stone, gravel, or other suitable
material to provide a surface that is stable and will help to reduce dust and erosion. The
perimeter of such parking areas shall be defined by bricks, stones, railroad ties, or other
similar devices. In addition, whenever such a vehicle accommodation area abuts a paved
street, the driveway leading from such street to such area (or, 't there is no driveway, the
portion of the vehicle accommodation area that opens onto such streets), shall be paved
as provided in Subsection A for a distance of fifteen (15) feet back from the edge of the
paved street. This subsection shall not apply to single-family or two-family residences or
other uses that are required to have only one or two parking spaces.
C. Parking spaces in areas surfaced in accordance with Subsection A shall be appropriately
demarcated with painted lines or other markings. Parking spaces in ares surfaced in
accordance with Subsection B shall be demarcated whenever practicable.
D. Vehicle accommodation areas shall be properly maintained in all respects, in particular,
and without limiting the foregoing, vehicle accommodation area surfaces shall be kept in
good condition (free from potholes, etc.) and parking space lines or markings shall be kept
clearly visible and distinct.
§402.9 SPECIAL PROVISIONS FOR LOTS WITH EXISTING BUILDINGS
' Notwithstanding any other provisions of this chapter, whenever (1) there exists a lot with one or
more structures on it constructed before the effective date of this chapter, and (2) a change in. use that
does not involve any enlargement of a structure is proposed for such lot, and (3) the parking requirements
of this section that would be applicable as a result of the proposed change cannot be satisfied on such
' lot because there is not sufficient area available on the lot that can practicably be used for parking, then
the developer need only comply with these requirements to the extent that: (1) parking space is
practicably available on the lot where the development Is located, and (2) satellite parking space is
reasonably available as provided in this section. However, if satellite parking subsequently becomes
reasonably available, then it shall be a continuing condition of the permit authorizing development on such
lot that the developer obtain satellite parking when it does become available.
' §402.10 REQUIREMENTS FOR PARIdNG LOTS IN RESIDENTIAL DISTRICTS
' Where parking lots for more than five (5), cars are permitted or required in residential districts, the
following shall be complied with:
' A. The tot may be used only for parking and not for any type of loading, sales, dead storage,
repair work, dismantling, servicing or play (recreation) area.
I I 43
11

§400. SUPPLEMENTAL DISTRICT REGULATIONS
B. All entrances, exits, barricades at sidewalks, and drainage plans shall be approved by the
Department of Public Works In accordance wlth the Town Code and constructed before
occupancy.
C. A strip of land five (5) feet wide shall be reserved as open space adjoining any street line
or any lot zoned for residential uses, guarded with wheel bumpers and planted in grass
and/or shrubs.
D. Only one entrance and exit sign (maximum two [2) square feet) and a sign no larger than
two (2) square feet unilluminated prescribing parking regulations may be erected at each
entrance or exit.
§402.11 MINIMUM PARING REQUIREMENTS
The following off-street parking spaces shall be required:
A. RESIDENTIAL AND
RELATED USES REQUIRED PARKING
Single-family dwellings Two (2) parking spaces on the same lot
as the dwelling unit.
Two-family or multi -family One and one-half (1'/2) spaces for each
one bedroom unit and two (2) spaces for
each unit with two (2) or more bedrooms.
Boarding or rooming house One (1) space for each bedroom
Doctor's or dentist's office Six (6) spaces in addition to residential
within residence requirements.
Home occupation or home Two (2) spaces in addition to residence
professional office (other requirements.,
than doctor's or dentist's
office)
Family care home Three (3) spaces for every five (5) beds
except for uses exdusimly serving children
under sbdeen, In which case one (1) space
for every three (3) beds shall be required.

1
, I
44
§400. SUPPLEMENTAL DISTRICT REGULATIONS
B. PUBLIC AND SEMI-
PUBLIC USES
REQUIRED PARKING
1
Hospital
Two (2) spaces per bed or one (1) space
per one hundred fifty (150) feet of gross
.
floor area, whichever is greater.
Clinic
Four (4) spaces for each doctor plus one
(1) space for each employee.
Care home
One (1) space for each five. (5) beds
'
intended for patient use.
Retirement home.
One (1) space per residential unit.
'
Churches
One (1) space for every four (4) seats or
thirty (30) square feet in the largest
'
assembly area. If, however, the facility is
located proximate to an off-street parking
area intended to serve another use and
the church can attain permission of the
owner, then the existing parking may
'
provide 'up to fifty percent (50%) of the
parking required by the church.
Day care, kindergarten
One (1) space per employee, plus one (1)
space per five hundred (500) square feet
of building, plus four (4) spaces for loading
'
and unloading children.
Elementary school and
Three (3) spaces for each classroom and
Junior high school
administrative office or one (1) space for
'
each thirty (30) square feet of space
prodded for seating in the largest assembly
area, whichever is greater, excluding
loading space.
Senior high school
One (1) space for each ten (10) students
for which the building was designed plus
'
one (1) space for each classroom and
administrative office.
1
I ' 45
11

§400. SUPPLEMENTAL DISTRICT REGULATIONS
PUBLIC AND SEMI-
PUBLIC USES, CONTINUED
Stadium, play field
or recreation area
Auditorium
Public or private clubs
Public utility buildings
C. BUSINESS USES
Tourist home
Hotels (not Including
any retail use)
Drive-in restaurant, cafes,
tavems, night clubs, and
pool halls
General or Professional Offices
Banks
Theaters
46
REQUIRED PARKING
One (1) space for each four (4) spectator
seats.
One (1) space for each four (4) seats in
the auditorium
One (1) space for each one hundred (100)
square feet of gross floor space.
One (1) space for each employee.
REQUIRED PARKING
One (1) space for each room to be rented
plus one (1) additional space for each two
(2) employees.
One (1) space for each three (3) rooms
phis one (1) additional space for each three
(3) employees.
Ten (10) spaces for each establishment
or one (1) space for each one hundred
(100) square feet habitable floor area or
portion thereof, whichever is greater.
One (1) parking space for each two
hundred (200) square feet of gross floor
space.
One (1) parking space for each two
hundred (200) square feet of gross floor
space plus one (1) for each two (2)
employees.
One (1) space for each four (a) seats in
the auditorium.
0

I I .
§400. SUPPLEMENTAL DISTRICT REGULATIONS
BUSINESS USES
CONTINUED
Funeral Homes
Retail service uses not
otherwise Indicated
Automobile service stations
Automobile Repair (minor or major)
Skating rink, bowling alley,
dance hall, or similar indoor
or outdoor commercial
D. INDUSTRIAL AND
WHOLESALE
Wholesale uses
Industrial uses
REQUIRED PARKING
One (1) space for each four (4) seats in
the chapel and/or parlor. .
One (1) space for each one hundred (100)
square feet of gross floor area
Five (5) spaces for each grease rack and
five (5) spaces for each wash rack.
One (1) space for each employee of the
largest shift plus five (5) spaces for each
service area or for each three hundred
(300) square feet of repair or maintenance
space, whichever is greater.
One and one-half (11/2) square feet of
parking area for each square foot of
gross floor space.'
REQUIRED PARKING
One (1) space for each employee on the
largest shift.
One (1) space for each employee on the
largest shift.
1
§402.12 LOADING AND UNLOADING AREAS
' A. Subject to Subsection E, whenever the normal operation of any development requires that
goods, merchandise, or equipment be routinely delivered to or shipped from that
' development, a sufficient off-street loading and unloading area must be provided in
accordance with this section to accommodate the delivery or shipment operations in a safe
and convenient manner.
I
47
11

§400. SUPPLEMENTAL DISTRICT REGULATIONS
B. The loading and unloading area must be of sufficient size to accommodate the numbers
and types of vehicles that are likely to use this area, given the nature of the development
In question. The following table indicates the number and size of spaces that,
presumptively, satisfy the standard set forth in this subsection. However, the Administrator
may require more or less loading and unloading area I reasonably necessary to satisfy
the foregoing standard. .
GROSS LEASABLE
AREA OF BUILDING
1,000 - 19,999
20,000 - 79,999
80,000 - 127,999
128,000 - 191,000
192,000 - 255,999
256,000 - 319,999
320,000 - 391.999
Plus one (1) space for each additional
72,000 square feet or fraction thereof.
NUMBER OF SPACES*
1
2
3
4
5
6
7
*Minimum dimensions of 12 feet X 55 feet and overhead clearance of 14 feet from
street grade required.
C. Loading and unloading areas shall be so located and designed that the vehicles intended
to use them can (1) maneuver safely and convenienty to and from a public right-of-way,
and (2) complete the loading and unloading operations without obstructing or interfering
with any public right-of-way or any parking space or parking lot aisle.
D. No area allocated to loading and unloading facilities may be used to satisfy the area
requirements for off-street parking, nor shall any portion of any off-street parking area be
used to satisfy the area requirements for loading and unloading facilities.
E. Whenever (1) there exists a lot with one or more structures on it constructed before the
effective date of this chapter, and (2) a change in use that does not involve any
enlargement of a structure is proposed for such lot, and (3) the loading area re ,uirements
of this section cannot be satisfied because there is not sufficient area available on the lot
that can practicably be used for loading and unloading, the developer need only comply
with this section to the extent reasonably possible.
48

400. SUPPLEMENTAL DISTRICT REGULATIONS
§403. SIGNS
It is the purpose of this chapter to allow certain signs of a residential and commercial nature in
areas designated for such uses which will best provide and Insure:
A. The health, safety and general welfare of the people;
B. The adequate supply of,light and air to adjacent properties;
C. Adequate and proportionate advertisement displays which promote and protect the
economic vitality of the community;
D. That signage displayed adjacent to and visible from a public right-of-way will not distract
or confuse the motoring public, thereby causing a public hazard;
E. That the aesthetic quality of the Town of Ahoskie is maintained for the benefit of all the
citizens of the Town of Ahoskie, Hertford County, and the State of North Carolina as a
whole.
§403.1 SIGN PERMIT REQUIRED
A. No sign shall be erected upon any lot or attached to, suspended from or supported on
a building or structure, nor shall any existing sign be enlarged, removed, relocated, or
materially repaired unless a sign permit for the same has been Issued by the Town of
Ahoskie. Such permit shall be on forms supplied by the Town of Ahoskie and shall contain
such Information as necessary to assure the requirements and conditions of this chapter
can be met.
B. There shall be no sign permit Issued unless the plans, specifications and intended use of
such sign or part thereof conform in all respects to all applicable provisions of the zoning
ordinance and the North Carolina State Building Code.
C. The person, firm, corporation, lessee, receiver, trustee, guardian or personal representative
holding legal title or legal right to occupy or carry on business in the structure, or the
manager, operator, or other person authorized to conduct business on behalf of the owner
shall be responsible for applying to the zoning officer for sign permit approval.
D. A fee of five ($5.00) dollars shall be paid to the Town of Ahoskie, North Carolina, for each
application for a sign permit.
§403.2 SIGNS EXEMPT FROM REGULATIONS
The following signs shall be permitted in all districts and are not subject to the dimensional
requirements of the ordinance except with regards to corner visibility, provided that no sign, other than
those listed below, shall be erected within or project into a public right-of-way.
49

I' §400. SUPPLEMENTAL DISTRICT REGULATIONS
A. Signs erected by or on behalf of or pursuant to the authorization of a governmental body,
including legal notices, identification and information signs and traffic directional or
regulatory signs.
B. Flags, pennants, emblems, or insignia when riot displayed in connection with a commercial
promotion or as an advertising device.
' C. Temporary signs, totaling not over two (2) square feet of surface area on any lot not used
as commercial advertising, and for a period not to exceed fifteen (15) days in any calendar
year. It shall be the responsibility of the person who erects such sign to have it removed.
tD. Memorial plaques, cornerstones, historical tablets and similar devices.
E. Signs not exceeding two (2) square feet in total sign surface area that are associated with
' residential use and that are not of a commercial nature. Such sign surface area shall
contain only property identification names or numbers or names of occupants or warnings
to the public.
F. Signs required by law to be posted, unless specifically prohibited, limited or restricted.
G. Small unilluminate6 signs, none exceeding two (2) square feet in surface area, displayed
strictly for the direction, safety or convenience of the public, including signs which Identify
restrooms, parking area entrances or exits, freight entrances and the like.
H. Small unilluminated announcement signs concerning the practice of a profession, the
conduct of an incidental home occupation, or other authorized occupation prcvided it is
not over two (2) square feet in area and is mounted flat to the main wall of the building.
I. Temporary unilluminated real estate signs not over six (6) square feet in area displayed
on the property proposed for sale or rent and no closer than five (5) feet to any property
line.
J. Signs for church and community Identification no larger than twenty-five (25) square feet
In area located on private property but no closer than five (5) feet to any property line.
K. Temporary signs erected in connection with elections or political campaigns. Such signs
shall be removed within ten (10) days following the election.
L Displays, including lighting, erected in connection with the observance of holidays. Such
displays shall be removed within ten (10) days following the holiday.
M. Construction site identification signs. Such signs shall be removed within ten (10) days
after the issuance of a certificate of occupancy.
50

§400. SUPPLEMENTAL DISTRICT REGULATIONS
N. Signs attached temporarily to the interior of a building's window or glass door. Such signs
may not cover more than twenty-five percent (25%) of the transparent surface area of the
window or door to which they are attached.
§403.3 EXCEPTION TO REGULATION CONTROLLING THE PROJECTION OF SIGNS IN THE B-1 DISTRICT
The imitation of this ordinance goveming the projection of signs from buildings and across public
rights -of -way shall not apply to nonconforming marquees, canopies or awnings, but all other applications
pertaining thereto shall be applicable.
§403.4. GENERAL REQUIREMENTS FOR SIGNS
' A. All signs shall be constructed and maintained in accordance with this chapter and the
North Carolina State Building Code, as amended. In the event of conflicting provisions of
this chapter and the North Carolina State Building Code, the more restrictive shall apply.
B. No sign shall be erected or allowed to remain erected that is structurally unsafe, hazardous
and in the opinion of the Zoning Enforcement Officer, constitutes a danger to the public
safety. If, in the opinion of the Zoning Enforcement Officer, any sign should become
insecure or in danger of falling or otherwise unsafe, the owner thereof or the person or firm
maintaining the same shall, upon written notice from the Zoning Enforcement Officer,
immediately secure the sign in a manner to be approved by the Zoning Enforcement Officer
In conformity with the provisions of this chapter or remove such sign at the expense of the
owner. Any freestanding sign that is not permanently attached to the ground in a manner
approved by the Zoning Enforcement Officer shall be considered a danger to public safety.
C. To insure that signs are maintained in a safe and aesthetic manner, the following
maintenance requirements must be observed for all signs visible from any public street.
1. No sign shall have more than twenty percent (20%) of its display surface area
covered with a disfigured, chipped, cracked, ripped or peeling paint or poster paper
for a period of more than thirty (30) successive days.
2. No sign shall be allowed to remain with bent or broken display area(s), broken
supports, loose appendages or struts, or be allowed to stand more than fifteen
degrees (15°) away from the perpendicular for a period of more than thirty (30)
successive days. .
3. No sign shall be allowed to have weeds, trees, vines or other vegetation growing
upon it for a period of more than thirty (30) successive days.
4. No indirect or internally illuminated sign shall be allowed with only partial
illumination for a period of more than thirty (30) successive days.
51

§400. SUPPLEMENTAL DISTRICT REGULATIONS
1
' D. There shall be a maximum sign surface area of two hundred and fifty (250) square feet
per building, establishment or lot.
E. There shall be no rooftop signs.
F. Signs located on the front of a marquee shall be affixed flat to the surface thereof and shall
not extend vertically above or below the marquee.
G. No sign which obstructs the view of, causes confusion or otherwise Interferes with, any
authorized traffic signs, signals or other safety devices shall be erected at any location.
H. No light which resembles an emergency light shall be used in connection with any sign.
I. No sign shall be located within fifty (50) feet of any residentially zoned lot and, in addition,
If the lot on which the sign or billboard is located abuts a residential district, said sign or
billboard shall be set back to meet the side, rear, and front setback requirements of said
abutting residential lot.
J. No flashing signs shall be allowed.
K Directly illuminated signs shall be limited to those lighted from behind or internally to
silhouette letters and figures, so as to prevent a direct view of the light source.
L Flood lighting and display lighting shall be shielded so as to prevent a direct view of the
light source from a public right-of-way or from a residence in a residential district.
M. Where a structural awning or building overhang exists, the following permanent sign directly
attached to the underside of such awning or overhang perpendicular to the street shall be
allowed:
1. The maximum area for an awning sign shall not exceed eight (8) square feet.
2. Signs may be illuminated, but only from a concealed light source and shall not
flash, blink, or fluctuate; and no red, green, or yellow lights shall be allowed within
fifty (50) feet of the intersection of two (2) streets.
3. Signs shall not have rotating or otherwise moving parts.
4. The total number of awning signs shall not exceed one (1) per establishment.
5. No awning sign shall extend more than eighteen (18) inches from the underside
of the awning or building overhang to which it is attached, or to be so placed as
to create a hazard to pedestrian traffic underneath.
N. Signs not meeting the requirements of this section or any other applicable section of this
ordinance shall be treated either as a nonconformity or as a violation with remedy being
sought as provided under SECTION 601.1 of these regulations or under G.S. 160A-389.
52

§400. SUPPLEMENTAL DISTRICT REGULATIONS
§403.5 COMPUTATION OF SIGN SURFACE AREA
A. The surface of a sign shall be computed by Including the entire unit within a single,
continuous, rectilinear perimeter forming ninety degree (9(°) angles, enclosing the extreme
limits of the writing, representation, emblem or other display, together with any material or
color forming an integral part of the background of the display or used to differentiate the
sign from the backdrop or structure against which it Is placed, but not Including any
supporting framework or bracing that Is clearly Incidental to the display Itself, except as
defined in Subsection B.
B. With respect to three-dimensional or multi -sided signs (including double face signs), the
total sign surface area of all sides shall not exceed twice the maximum sign surface area
as provided herein.
C. With respect to decorative base or pylon mounted sign displays, the base or pylon shall
not be utilized In the calculation of sign display area, provided the total area of such base
or pylon does not exceed fifty percent (50%) of the total sign display area. In cases
where the base or pylon area exceeds fifty percent (50%) of the total sign display area,
such base or pylon shall be deemed to constitute a sign as defined herein and shall be
utilized in the calculation of total sign area.
§403.6 SPECIAL REQUIREMENTS IN THE ZONING DISTRICTS
All general requirements listed in Section 403.4 of this chapter shall apply for any zoning district.
A. Residential District R-20, R-15, R-10, R-6, R-6 MH
No signs shall be allowed within any of the Residential Districts of the Town of Ahoskie
except those as described in Section 403.2 of this chapter.
'
B. Office and Institutional District 0-1 0
There shall be only one free standing sign per principal use and its total area shall not
exceed fifty (50) square feet. Lots having between two hundred (200) and four hundred
(400) linear feet of street frontage may have a seventy-five (75) square foot free standing
sign, and lots with more than four hundred (400) linear feet of street frontage may have
a free standing sign not to exceed seventy-five (75) square feet. In the case of cluster
'
development there may be one free standing sign not to exceed the above stated size
requirements for the purpose of serving the entire cluster and one additional sign not
greater than four (4) square feet in area mounted flat against the wall beside each entrance
serving a reception area to describe the name and title of the individual establishment
'
served by that entrance.
'
Free standing signs shall not exceed fifteen (15) feet in height.
11

§400. SUPPLEMENTAL DISTRICT REGULATIONS
A
Central Business District B-1
No free standing sign shall be allowed in this district, except where:
the lot upon which the principal use sign is to be located has at least fifty (50) feet
of frontage on at least one street, and
2. no more than seventy percent (70%) of the lot is to be built upon, the remainder
reserved for vegetative plantings, customer parking, or pedestrian walkways, and
3. a minimum building setback of at least fifteen (15) feet from any property line,
street, or public accessway is observed:
No free standing sign shall be larger than fifty (50) square feet If the lot on which it is
located has less than two hundred (200) feet of frontage on the street toward which that
sign Is primarily oriented, seventy-five (75) square feet on lots with two hundred (200) or
more but less than four hundred (400) feet of frontage, and one hundred (100) square feet
on lots with four hundred (400) or more feet of frontage.
Only one (1) free standing sign shall be allowed per lot, principal use, or cluster
development and shall not exceed fifteen (15) feet in height above natural grade level.
No off -premise advertising signs (i.e. billboards) of any type shall be allowed in this district.
No wall sign shall be larger than fifty (50) square feet or ten percent (10%) of the facade
of the building front in area, whichever is less.
All wall signs shall be mounted flat against the face of the building or structure and all
letters and superscriptions thereon shall be parallel with the face of the building.
No wall sign shall project more than one (1) foot from the face of a building or structure
and shall be ten (10) feet or more above street level.
Shopping Center District B3
No free standing signs shall be allowed in this district, except where:
1. the lot upon which the principal use sign is to be located has at least fifty (50) feet
of frontage on at least one street, and
2. a minimum building setback of at least fifteen (15) feet from any property line,
street, or public accessway is observed.
No free standing sign shall be larger than fifty (50) square feet if the lot on which it is
located has less than two hundred (200) feet of frontage on the street toward which that
sign is primarily oriented, seventy-five (75) square feet on lots with two hundred (200) or
54

§400. SUPPLEMENTAL DISTRICT REGULATIONS
more but less than four hundred (400) feet of frontage, and one hundred (100) square feet
on lots with four hundred (400) or more feet of frontage.
Only one (1) free standing sign shall be allowed per lot, principal use, or cluster
development and shall not exceed forty (40) feet in height above natural grade level.
No off -premise signs (i.e. billboards) of any type shall be allowed in this district.
No wall sign shall be larger than fifty (50) square feet or ten percent (10%) of the facade
of the building front in area, whichever is less.
All wall signs shall be mounted flat against the face of the building or structure and all
letters and superscriptions thereon shall be parallel with the face of the building.
No wall sign shall project more than one (1) foot from the face of a building or structure
and shall be ten (10) feet or more above street level.
Directional signs (illuminated or unilluminated) shall be allowed as additional free standing
sign area when limited to two directional signs per curb cut.
E. Commercial District B-2, Light Industrial District I-L, and Heavy Industrial District 1-H
No free standing sign shall be allowed in this district, except where:
1. the lot upon which the prinicipal use sign is to be located has at least fifty (50)
feet of frontage on at least one street, and
2. no more than seventy percent (70%) of the lot Is to be built upon, the remainder
reserved for vegetative plantings, customer parking, or pedestrian walkways, and
3. a minimum building setback of at least fifteen (15) feet from any property line,
street, or public accessway is observed.
No free standing sign shall be larger than fifty (50) square feet if the lot on which it is
located has less than two hundred (200) feet of frontage on the street toward which it is
primarily oriented, seventy five (75) feet on lots with two hundred (200) or more but less
than four hundred (400) feet of frontage and one hundred (100) square feet on lots with
four hundred (400) or more feet of frontage.
Only one (1) free standing sign shall be allowed per lot, principal use, or cluster
development and shall not exceed forty (40) feet in height above natural grade level.
No wall sign shall be larger than fifty (50) square feet or ten percent (10%) of the facade
of the building front in area, whichever is less.
All wall signs shall be mounted flat against the face of the building or structure and all
letters and superscription thereon shall be parallel with the face of the building.
No wall sign shall project more than one (1) foot from the face of a building or structure
and shall be ten (10) feet or more above street level.
Directional Signs (illuminated or unilluminated) shall be allowed as additional free standing
sign area when limited to two directional signs per curb "cut.
55

§400. SUPPLEMENTAL DISTRICT REGULATIONS
A. No person may engage in any activity that causes an increase In the extent of
nonconformity of a nonconforming sign. No nonconforming sign may be enlarged or
altered in such a manner as to aggravate the nonconforming condition, nor may illumination
be added to any nonconforming sign.
B. A nonconforming sign may not be moved or replaced except to bring the sign into
complete conformity with. this chapter.
C. If a nonconforming sign is destroyed by natural or unnatural causes, it may not there after
be repaired, reconstructed, or replaced except in conformity with all the provisions of this
chapter, and the remnants of the former sign structure shall be cleared from the land. For
purposes of this section, a nonconforming sign is 'destroyed, If damaged to an extent that
the cost of repairing the sign to Its former stature equal or exceeds fifty percent (50%) of
its replacement cost as determined by the Zoning Enforcement Officer.
D. The message of a nonconforming sign may be changed so long as this does not create
any new nonconfomrtles (for example, by creating an off -premise sign under circumstances
where such a sign would not be allowed).
E. Should the use conducted on the premises which a nonconforming sign is intended to
advertise or locate cease for a period of greater than thirty (30) days, or should the
ownership of such use or sign be transferred, then said sign shall lose its status as a legal
nonconforming sign, and shall become subject to the requirements of this chapter, and
If found to be noncompliant shall be considered a violation of this ordinance.
F. All off -premise signs existing on the effective date of this chapter which do not conform
to the requirements set forth herein shall be removed or brought into compliance herewith
within sixty-six (66) months from the effective date of this chapter.
G. Off -premises signs that are protected from enforced removal by the Outdoor Advertising
Control Act shall not be subject to the provisions of this section unless and until just
compensation is provided in accordance with the cited statute.
H. All portable and temporary signs not exempt from these regulations as determined in
Section 403.2 of this chapter are considered nonconforming and must be removed within
one hundred and eighty (180) days after the effective date of this chapter.
As soon as reasonably possible after the effective date of this chapter, the administrator
shall make every effort to Identify all the nonconforming signs within the Town's planning
jurisdiction. He shalt then contact the person responsible for each such sign (as well as
the owner of the property where the nonconforming sign is located, if different from the
former) and inform such person n that the sign is nonconforming, (i) how it is
nonconforming, (ii) what must be done to correct it and by what date, and (iv) the
consequences of failure to make the necessary corections. The administrator shall keep
complete records of all correspondence, communications and other actions taken with
respect to such nonconforming signs.
56

' §400. SUPPLEMENTAL DISTRICT REGULATIONS
J. Any sign erected after the effective date of this chapter that does not conform to the
requirements set forth herein shall be considered in violation of this chapter and must be
removed at the owner's expense.
■ §404. MOBILE HOMES
404.1 MINIMUM STANDARDS
All mobile homes of any class shall be subject to the following requirements in all of the zoning
districts in which they are allowed.
A. The unit shall satisfy the requirements for a mobile home as defined in Section 202 of this
ordinance.
B. All units not receiving municipal service must obtain County approval of a sewage disposal
system.
C. Placement of the mobile home upon a foundation or footings according to requirements
of State statutes and regulations; plans and specifications for the foundation or footing
design shall be submitted and a building permit obtained.
D. Placement of manufactured skirting in those areas around the perimeter of the mobile home
which are not developed with a foundation.
E. Any extension of or attachment to the mobile home which is not part of the original factory
manufactured mobile home and which is intended for use either as part of the dwelling
unit or for storage purposes shall not occur unless Indicated as a part of the application
and is part of the approval. This application shall include plans for review and approval
to insure the extension or attachment proposed is compatible and of like design and
character to the existing mobile home. A building permit shall be obtained for such
extensions or additions to mobile homes If so required by the appropriate State statutes
and regulations.
F. The applicant must obtain an Installation/set-up permit for the mobile home from the Town
of Ahoskie.
§404.2 Mobile homes in mobile home subdivisions shall be subject to the above requirements and the
additional following requirements:
'
A.
B.
'
An on -site paved parking area shall be provided for each dwelling.
Skirting shall be compatible with exterior design and siding materials of the mobile home.
57

§400. SUPPLEMENTAL DISTRICT REGULATIONS
§405. MOBILE HOME PARKS
It shall be unlawful for a person to park or store a mobile home or trailer, or maintain, build or after
a mobile home park within the Town of Ahoskie or within its extraterritorial limits unless a final plan of the
mobile home park has been approved.
§405.1 PERMITS TO BUILD OR ALTER A MOBILE HOME PARK AND APPROVAL OF PLANS
No person shall construct or engage in the construction of any mobile home park or make any
addition or alteration to a mobile home park that either afters the number of sites for mobile homes within
the park or affects the facilities required therein until he first secures a permit authorizing such construction,
addition, or alteration. The construction, addition, or alteration shall be done In accordance with plans
and specifications submitted with the application and approved by the proper authorities. Procedure for
the applicant securing such permit and assuring the Town that the requirements of the permit are complied
with shall consist of the following:
A. For the construction or alteration of a mobile home park that affects the number of sites
within the park, a preliminary plan containing the information prescribed in Section 405.2
shall be prepared and submitted to the Planning Commission for approval. No plan is
required to be prepared and approved for issuance of a permit to make minor facility
Improvements In an existing mobile home park where the number of mobile home sites
within the park is not affected. When no plan is required, application for a building permit
may be made directly to the Zoning Enforcement Officer. All building permit applications
shall be made upon forms supplied by the Zoning Enforcement Officer and shall be
accompanied by the preliminary plan of the park.
B. If the application contains the required information and the requirements of this ordinance
would be complied with, the permit shall be issued. Building permits shall be
nontransferable except with the written consent of the Zoning Enforcement Officer.
C. The Zoning Enforcement Officer shall make an examination of the construction at any
reasonable time to determine whether the work is being done according to approved plans
and specifications, and the owner shall make available any records, test data, or other
Information essential to such determination.
D. it is recommended that before filing a preliminary plan of the proposed mobile home park
for review by the Planning Commission, a sketch plan may be submitted to the Town
Manager for his suggestions and criticisms.
E. After the preliminary plan has been approved and all improvements and utilities specified
In the preliminary plan have been installed, two copies of the final plan shall be submitted
to the Town Manager for certification of compliance with the preliminary plan. If the Town
Manager shall find that the final plan is satisfactory, the final plan shall be submitted for
approval by the Town Council.
58

§400. SUPPLEMENTAL DISTRICT REGULATIONS
The final plan shall be prepared on reproducible mylar and shall contain the information
prescribed in Section 405.3 and shall conform with the preliminary plan as approved. if.
desired by the applicant, it may constitute only that portion of the approved preliminary
plan which he proposed to develop at the time, provided, however, that such portion
conforms to the minimum requirements of this ordinance.
F. Where any land in the park is to be dedicated to public use, the procedures of the
subdivision regulations shall be followed.
§405.2 WHAT THE PRELIMINARY PLAN SHALL SHOW
The preliminary plan shall be drawn to a scale of not less than 1' = 40' and shall show the
following on one or more sheets:
A. A site plan of the proposed mobile home park.
B. The name of the mobile home park, the names and addresses of the owner(s) and the
designer of the park.
C. Date, approximate north arrow, and scale.
D. The boundary line of the tract with accurate linear and angular dimensions drawn to scale
and the area of the park in square feet or acres.
E. Contours with a vertical interval of one (1) foot referred to sea level datum and elevations
of existing streets, roads, drives, walks, curbs, catch basins, etc.
F. A location map with a scale no less than 1' = 1000' showing the location of the mobile
home park.
G. The locations of existing and platted property lines, streets, buildings, watercourses,
railroads, bridges, water mains, sewers, culverts, drainpipes, and any utility easements, both
on the land to be developed into a mobile home park and on land immediately adjoining.
The names of adjoining subdivisions or the names of recorded owners of adjoining parcels
of unsubdivided land.
H. The names, proposed location and approximate dimensions of proposed streets, alleys,
driveways, entrances, exits, walkways, easements, recreation areas, parks and open spaces,
reservations, mobile home spaces, mobile home stands, and building lines within the park.
This information should be graphical only, not requiring detailed computations or field work
in obtaining the required information above. In all cases the proposed characteristics shall
be shown in a manner that shall distinguish them clearly from the existing characteristics
of the land.
59

§400. SUPPLEMENTAL DISTRICT REGULATIONS
I. When deemed necessary by the Town Manager profiles of all proposed public. or private
streets or drives, showing natural and finished grades drawn to a scale of not less and
1' = 40' horizontal and 1' = 4' vertical.
J. Plans of proposed utility layouts (sewer lines, septic tank locations, saptic tank drainfields,
and water and storm drainage) showing feasible connections to existing and proposed
utility systems.
K. Proposed stone drainage for each mobile home space and for the entire mobile home park
including all proposed grading and sewer installations which may be deemed necessary
to Insure proper drainage and the elimination of ponding.
L. Location and number of garbage receptacles.
M. A detailed plan for all electrical Installations prepared to meet the National Electrical Code
and local codes or ordinances.
N. Where public water or public sewer is not available, a written statement from the County
Health Department shall be submitted with the mobile home park plan indicating that the
mobile home park has adequate land area and suitable topography to accommodate the
proposed methods of water supply and sewage disposal.
§405.3 WHAT THE FINAL DETAILED SITE PLAN SHALL SHOW
The final plan shall be drawn in black ink upon reproducible mylar in sheets either 15 X 18 inches
or 20 X 24 Inches in size, to a scale of not less than 1' = 40'. It shall contain the following:
A. A site plan of the proposed mobile home park.
B. The name of the mobile home park, the names and addresses of the owner(s) and the
designer of the park.
C. Date, approximate north arrow, and scale.
D. The boundary line of the tract with accurate linear and angular dimensions drawn to scale.
E. The names, proposed locations and dimensions of proposed streets, alleys, driveways,
entrances, exits, walkways, easements, recreational areas, parks, and other open spaces,
reservations, mobile home spaces, parking spaces, buildings, signs, mobile home stands,
patios, electrical plan, planting strip, and building lines within the park. The information
should be drawn accurately with detailed computations and field work completed.
W

§400. SUPPLEMENTAL DISTRICT REGULATIONS
F. A detailed drawing to a scale of not less than 1' = 5' of a typical mobile home space
showing the location of the mobile home stand, all utilities, and the mobile home utility
connections, the patio, 'concrete footing, walks, parking spaces, driveways and all other
Improvements.
§405.4 SPECIFICATIONS FOR MOBILE HOME PARKS
A. Every mobile home park shall be located on a tract of land not less than three (3) acres
In size and shall contain at least ten (10) mobile home spaces as defined in this chapter.
B. Every mobile home space shall consist of a minimum of 3,600 square feet. Further, each
mobile home space shall be clearly defined or delineated, and shall have a minimum width
of forty (40) feeL
C. No more than one mobile home may be parked on any mobile home space.
D. The supports of all mobile homes parked within an authorized park shall rest upon
adequate concrete footing. Each mobile home space shall be provided with a patio of at
least one hundred sixty (160) square feet constructed of concrete, brick, flagstone or other
such hardsurfaced material. Such patio shall abut off-street parking space required by this
ordinance for each mobile home space, or in lieu of this abutment, a paved walkway at
least two (2) feet wide leading from the road or off-street parking space to the patio shall
be provided. Each patio and walkway shall be graded and properly drained to prevent
ponding.
E. No mobile home stand shall be located less than thirty (30) feet from a public street right-
of-way. No mobile home stand shall be located less than twenty (20) feet from a private
drive or an exteriorpark boundary or less than twenty (20) feet from another mobile home
stand, a mobile home addition or any other structure.
F. Off-street parking space sufficient to accommodate at least two (2) automobiles shall be
constructed within each mobile home space. Such off-street space shall 'provide a
minimum area of ten (10) feet by twenty (20) feet for each automobile, and shall be paved
or covered with crushed stone or other suitable material.
G. The mobile home park shall be located on ground so as not to be susceptible to flooding
and graded so as to prevent any water from ponding or accumulating on the premises.
Where storm drainway p;pes are located in adjacent streets, underground drainage facilities
with connections to the storm drainage system shall be provided for the mobile home park.
H. Each mobile home stand and the mobile home space shall be graded to provide adequate
storm drainage away from the mobile home and such that there will exist no more than
two (2) feet difference between the chassis of the mobile home and the finished grade of
the mobile home stand along the entire perimeter of the mobile home proper.
61

'i I §400. SUPPLEMENTAL DISTRICT REGULATIONS
' I. The mobile home park shall have driveways, with an unobstructed right-of-way of at least
thirty (30) feet, that directly abuts all mobile home spaces. All such driveways shall be
paved and lighted at night; minimum width of pavement shall be eighteen (18) feet. No
on -street parking shall be permitted on such driveways; however, wider streets may be
provided and on -street parking permitted when a minimum of fifty (50) feet right-of-way and
a minimum of thirty-four (34) feet of pavement is provided.
J. No mobile home space shall be more than five hundred (500) feet measured along
connecting driveway center Ines from a public street.
K All mobile home park driveways shall connect with a public street or another driveway with
a thirty (30) foot (minimum) right-of-way and eighteen (18) feet pavement (minimum).
L No mobile home space shall have direct vehicular access to a State or Federal primary
' street.
M. Area to provide proper drainage ditches and a three -to -one (3:1) back slope shall be
' provided along all public streets or private driveways constructed with eighteen (18) feet
or more of paving width.
' N. Closed ends of dead-end streets shall be provided with an adequately paved vehicular
turning circle of at least fifty (50) feet in diameter.
O. Each mobile home stand shall have adequate access, for both the mobile home and autos,
' with a minimum width of twenty (20) feet unless more is deemed necessary because of
topographical conditions or street curvature.
P. When the mobile home park has more than one direct access to a public street, they shall
not be less than three hundred (300) feet apart or less than three hundred (300) feet from
a public street intersection unless topographical or site conditions demand otherwise.
O. Signs for identification of mobile home parks: one (1) or not more than two (2) signs with
a total area of not more than one-half (1/2) square foot for each mobile home space and
in no case larger than fifty (50) square feet located on private property but no closer than
' five (5) feet to any property line. Only indirect nonflashing lighting may be used for
Illuminations, and the sign must be constructed in such a manner as to prevent a direct
view of the light source from any public street right-of-way.
' §405.5 All mobile home parks shall comply with the North Carolina State Building Code and related codes
adopted by the Town of Ahoskie (particularly the mobile home and modular dwelling unit section of the
State Building Code.
i
§405.6 All mobile homes within the Town of Ahoskie shall be connected to municipal water and sewer
' systems. Mobile homes and mobile home packs located within the extraterritorial area shall be connected
to an approved water and sewer system as required by the Hertford County Board of Health.
I' 62
11

§400. SUPPLEMENTAL DISTRICT REGULATIONS
§405.7 All mobile home parks shall provide adequate and suitable recreational areas and facilities to serve
the needs of the residents of the park. Specifically, at least two hundred (200) square feet for each mobile
home In the park shall be provided in one or more locations.
§406. DESIGN REVIEW
§406.1 PURPOSES
The purposes of design review are to protect and enhance public health, safety and welfare and
aesthetic value of the building environment More specifically, the purpose of this review is to encourage
site planning in advance of construction so that Issues of nuisance (e.g., noise, glare of lights, unsightly
buildings or parking areas, etc.), crime prevention, maintenance of property values and aesthetic value can
be addressed through design. I
§406.2 WHERE REQUIRED
Site plan approval shall be required for all new developments and expansion of existing
developments on real property in accordance with the provisions of this section, and no building permit
or other authorization for development shall be Issued prior to such approval. Parking lots shall require
site plan approval. Design review shall not alter the type and category of uses permitted in zoning districts.
§406.3 PLANS REQUIRED
A site plan or plans drawn to scale shall be submitted to the Town and shall include the following:
A. Identification and Description. Name and address of applicant, plan scale, date, and north
arrow.
B. Existing Conditions. A map of the property and adjacent lands showing contours with a
two -foot (2') interval; location and direction of all water courses, floodplain areas and other
hazards; natural features, such as rock outcroppings, marshes, wooded areas; fragile areas;
names of all platted streets, public ways, easements and utility rights -of -way, parks and
other public open spaces; buildings and structures and their uses; Town boundaries;
existing sewers, water mains, culverts and, other underground facilities, Indicating pipe sizes,
grades, manholes and their exact location.
C. Proposed Development: A map showing the following in addition to other requirements
of the Zoning Administrator:
1. Proposed land uses and densities.
2. Building types and coverage.
[*i

§400. SUPPLEMENTAL DISTRICT REGULATIONS
3. Circulation patterns for vehicular and pedestrian traffic.
4. Parks, playgrounds, open spaces.
S. Waste disposal facilities (sewage and trash).
6. Lighting.
7. Water supply, community facilities, such as schools, libraries, fire station, shopping,
etc.
§406.4 STANDARDS
The following shall be required on all site plans and for all development reviewed:
A. Bufferyards shall be required to be shown on. all new development plans and any
development plans where major remodeling of properties is proposed. Buffers shall be as
required in Section 407.
B. Natural landscaping shall be retained whenever possible to meet the bufferyard
requirements.
C. Unnecessary grade changes shall be avoided. Retaining walls shall be provided where
needed.
D. Drainage shall be, as approved by the Zoning Administrator according to accepted
engineering standards.
E. Sidewalks and curbs shall be provided in whole or part in those locations the Town
Manager has determined a need.
F. Ingress and egress locations on public thoroughfares shall be located in the interests of
public traffic safety.
G. Parking spaces shall be designed in accordance with the requirements of Sections 402
of this chapter.
H. There shall be reasonable access for emergency services (fire and police).
I. Outdoor lighting shall be provided for security and with minimum glare.
J. Other specified site provisions may be required as determined by the Zoning Administrator.
&I

§400. SUPPLEMENTAL DISTRICT REGULATIONS
§406.5 Further, the following shall be required on those site plans for mufti -family dwellings and for all such
mufti -family development:
A. Outdoor play space suitable for children playing shall be included. Outdoor play space
shall be a minimum of ten percent (10%) of the lot area being developed, and shall be in
addition to the required landscaping (buffering). Parking lots are not such acceptable
space. This requirement shall not be applicable in housing maintained exclusively as adult
housing.
B. Private or semi -private outdoor space for each unit shall be included, such as balconies
or fenced yards.
C. The site plan shall be designed to minimize outdoor noise.
§407. REQUIRED BUFFERYARDS (LANDSCAPING)
Bufferyards are a combination of land and physical barriers such as fencing, plant material, and
earthen berms which separate various land uses and street right-of-ways. Their purpose is to: (1) create
a better quality of Irving for the community by encouraging the preservation of existing vegetation and
stabilize the environment's ecological balance; (2) establishing proper separation between land uses; (3)
provide flexibility in developing appropriate separation between land uses; and (4) help reduce the negative
Impact of glare, noise, trash mitigation, odors, overcrowding, traffic, lack of privacy, and visual disorders
when incompatible land uses adjoin one another.
For these reasons, the Town of Ahoskie establishes with this section different types of bufferyards
and their required presence in the community.
§407.1 DESCRIPTION OF BUFFERS
The following three basic type of bufferyards are hereby established:
Opaque Buffervard, Type A. A screen that is opaque from the ground to a height
of at least six (6) feet, with intermittent visual obstructions from the opaque portion
to a height of at least twenty (20) feet An opaque screen is intended to exclude
all visual contact between uses and to create a strong impression of spatial
separation. The opaque bufferyard may be composed of a wall, fence, landscaped
earth berm, planted vegetation, or existing vegetation. Compliance of planted
vegetative screens or natural vegetation will be judged on the basis of the average
mature height and density of foliage of the subject species, or field observation
of existing vegetation. The opaque portion of the screen must be opaque in all
seasons of the year. At maturity, the portion of intermittent visual obstructions
should not contain any completely unobstructed openings more than ten (10) feet
wide. The portion of Intermittent visual obstructions may contain deciduous plants.

§400. SUPPLEMENTAL DISTRICT REGULATIONS
2. Semi -Opaque Bufferyard, Type B. A screen that is opaque from the ground to a
height of three (3) feet, with Intermittent visual obstruction from above the opaque
portion to a height of at least twenty (20) feet. The semi -opaque bufferyard is
intended to partially block visual contact between uses and to create a strong
Impression of the separation of spaces. The semiopaque bufferyard may be
composed of awall, fence, landscaped earth berm, planted vegetation, or existing
vegetation. Compliance of planted vegetative screens or natural vegetation will be
judged on the basis of the average mature height and density of foliage of the
subject species, or field observation of existing vegetation. At maturity, the portion
of intermittent visual obstructions should not contain any completely unobstructed
openings more than ten (10) feet wide. The zone of Intermittent visual obstruction
may contain deciduous plants.
3. Broken Buffervard. Type C. A screen composed of intermittent visual obstructions
from the ground to a height of at least twenty (20) feet. The broken.5ufferyard
Is intended to create the impression of a separation of spaces without necessarily
eliminating visual contact between the spaces. It may be composed of a wall,
fence, landscaped earth berm, planted vegetation, or existing vegetation.
Compliance of planted vegetative screens or natural vegetation will be judged on
the basis of the average mature height and density of foliage of the subject
species, or field observation of existing vegetation. The screen may contain
deciduous plants.
§407.2 COMPLIANCE WITH BUFFERYARD STANDARD
A. The table set forth in Section 407.3, In conjunction with the explanations in Section 407.1
concerning the types of bufferyards, establishes screening requirements that presump-
tively satisfy the general standards described in the beginning of this section. However,
this table is only Intended to establish a presumption and should be flexibly administered.
B. The land use classifications contained in the table of bufferyard requirements (Section
407.3) are split into two (2) categories: the burdened use and the benefitted use. The
burdened use is the use that is assigned the responsibility of providing the required
bufferyard.
C. After analyzing the table, if the burdened use is an existing use but the required bufferyard
is not in place, then this lack of screening shall constitute a nonconforming situation.
D. Notwithstanding any other provision of this section, a two-famiy or mufti -family development
(including mobile home parks) shall be required, at the time of construction, to install any
screening that is required between it and adjacent existing uses, regardless of whether,
in relation to other uses, the two-family or mufti -family development is the benefitted or
burdened use.
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0
§400. SUPPLEMENTAL DISTRICT REGULATIONS
§408. BUILDING STRUCTURES
Building structures shall be consistent with the surrounding area and shall be aesthetically pleasing.
All exterior surfaces of structures shall present a finished appearance.
§408.1 ENFORCEMENT
1.
The Zoning Administrator shall review all plans to check whether the standard requirements are
Included. Plans shalt be approved, modified, or denied accordingly. Either the Zoning Administrator or
the developer shall have the option of referring the plans or plan items to the Board of Adjustment for
resolution of doubtful or contested application of standards. In such cases, the developer shall provide
sufficient copies to be furnished to the Town, at least one week in advance, for each member of the Board
of Adjustment. The Zoning Enforcement Officer may issue a certificate of occupancy only after the
improvements required by site plan approval have been completed, or a schedule for completion and a
bond or other financial guarantee have been accepted by the Town. If construction has not begun within
one (1) year from the date of site plan approval, such approval shall expire unless an extension is
requested and granted.
m

SECTION 500
CRITERIA FOR DISCRETIONARY PERMITS
' 501. GENERAL PROVISIONS
§501.1 All applications for conditional uses,, variances, and temporary permits and the treatment of
nonconformities shall be evaluated under the specific criteria listed within this section. Unless otherwise
specified in the district, all such applications shall be subject to the procedures under Section 600.
§501.2 Findings justifying a decision regarding a discretionary permit shall be made in writing, and shall
be provided to the applicant.
§502.3 The granting of a discretionary permit may be subject to such conditions as are reasonably
necessary to protect the public health, safety or general welfare from potentially deleterious effects resultant
from approval of the permit, or to fulfill the public need for public service demands created by approval
of the request.
§502. CONDITIONAL USES
§502.1 The Board of Adjustment may allow a conditional use, after a hearing conducted pursuant to
Section 600, providing that the applicant provides evidence substantiating that all the requirements of this
chapter relative to the proposed use are satisfied, and demonstrates that the proposed use also satisfies
the following criteria:
A. The use is listed as a conditional use in the underlying district.
B. The characteristics of the site are suitable for the proposed uses considering size, shape,
location, topography, existence of improvements and natural features.
C. The site and proposed development is timely, considering the adequacy of transportation
systems, public facilities and services existing or planned for the area affected by the use.
D. The proposed use will not after the character of the surrounding area in a manner which
substantially limits, impairs, or precludes the use of surrounding properties for the primary
uses listed In the underlying district.
E. The proposal satisfies the goals and policies of the Land Use Plan which apply to the
proposed use.
§503. VARIANCES
§503.1 To authorize upon appeal in speck cases such variances from the terms of this chapter as will
not be contrary to the public interest where, owing to special conditions, a literal enforcement of the
M

§500. CRITERIA FOR DISCRETIONARY PERMITS
provision of this ordinance would result in unnecessary hardship. In granting any variance, the Board of
Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. A
variance from the terms of this ordinance shall not be granted by the Board of Adjustment unless and until
the following findings are made:
A. That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other land, structures or buildings in
' the same district; .
B. That literal Interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same district under the terms of this
ordinance;
C. That the special conditions and circumstances do not result from the actions of the
applicant;
D. 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.
§503.2 APPEAL FROM THE BOARD OF ADJUSTMENT
Appeal from the decision of the Board of Adjustment shall be to the Hertford County Superior
Court.
§504. TEMPORARY PERMIT FOR CONSTRUCTION AND NIGHT WATCHMAN OFFICES.
§504.1 The Board of Adjustment may approve a temporary permit for a period not to exceed one (1) year
for the use of a mobile home or trailer house as a construction office or night watchman's office while a
permanent dwelling is being constructed on the subject property, provided that the applicant provide
evidence substantiating the following, unless otherwise provided for in,this chapter:
A. A building permit for a permanent residence on the subject property has been acquired;
B. There is no reasonable alternative to the temporary use;
C. The temporary use does not Involve the erection of a substantial structure or require any
other permanent commitment of the land;
D. The temporary use will not be detrimental to the area or to adjacent properties; and.
E. The temporary use wili,comply with the Land Use Plan.
Failure to maintain a valid building permit will result in immediate revocation of any permit
granted pursuant to this section. '
Zl7

§500. CRITERIA FOR DISCRETIONARY PERMITS
' §504.2 CONDITIONS OF APPROVAL
The Board of Adjustment may subject approvals to such conditions as will safeguard the public
health, safety, convenience and general welfare. Such conditions may include, but are not limited to:
A. Landscaping of the mobile home site;
B. County approval of a subsurface sewage disposal system (if municipal system is not
available);
C. Placement of manufactured skirting in those areas around the mobile home which are not
developed with a foundation;
D. Removal of the mobile home when the need for which a temporary permit was granted
ceases.
' §504.3 RENEWAL OF TEMPORARY PERMIT
The Board of Adjustment may renew a temporary permit, for a period not to exceed one (1) year,
provided that the applicant provides evidence substantiating the following, unless otherwise provided for
In this chapter.
A. The circumstances under which the original permit was granted remain substantially similar;
B. The use will not be detrimental to the area or to adjacent properties; and
' C. The use will comply with the Land Use Plan.
§505. TEMPORARY PERMIT FOR EMERGENCY SHELTER
1
§505.1 The Zoning Administrator, in conjunction with the Zoning Enforcement Officer, may approve a
temporary permit for the use of a mobile home or trailer house for emergency shelter needed as a result
of destruction or substantial damage to a residence or business due to fire or other natural disaster. The
emergency permit may be granted for an initial period not to exceed sixty (60) days provided that the
' applicant submit a written statement:
A. Indicating the nature and extent of the damage or destruction Incurred, and
' B. Agreeing to make application for the appropriate permit(s) within the sbcty (60) day period.
Emergency permits shall automatically be extended to the date of the final decision on the permit
' application(s).
71
11

' §500. CRITERIA FOR DISCRETIONARY PERMITS
Failure to make application for the appropriate permits) within the sixty (60) day period will result
in immediate revocation of the emergency permit.
§505.2 CONDITIONS OF APPROVAL
The Zoning Administrator may subject approvals to such conditions as will safeguard the public
health, safety, convenience and general welfare. Such conditions may Include, but are not limited to:
' A. Landscaping of the mobile home site;
' B. County approval of a subsurface sewage disposal system (if municipal system Is not
available);
C. Placement of a manufactured skirting in those areas around the mobile home which are
' not developed with a foundation;
D. Removal of the mobile home when the need for which a temporary permit was granted
' ceases.
' §505.3 RENEWAL OF TEMPORARY PERMIT
The Zoning Administrator,. in conjunction with the Zoning Enforcement Officer, may renew a
temporary permit for a period not to exceed one (1) year provided the applicant provides evidence
substantiating the following, unless otherwise provided for in this chapter:
A. The circumstances under which the original permit was granted remain substantially similar;
' B. The use will not be detrimental to the area or to adjacent properties; and
C. The use will comply with the Land Use Plan.
§506. NONCONFORMING SITUATIONS
' A nonconforming situation occurs when, on the effective date of this chapter, 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.
It is the Intent of this chapter to permit these existing nonconformities to continue until they are
removed, but not to encourage their survival. It is further the Intent of this chapter that nonconformities
' shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures
or uses prohibited elsewhere in the same district
11
11
72
11

§500. CRITERIA FOR DISCRETIONARY PERMITS
§506.1 NONCONFORMING USES
Nonconforming uses are declared by this ordinance to be Incompatible with the permitted uses
in the district involved. However, buildings used as churches as of the date of the adoption of this zoning
ordinance are exempt from the nonconforming use provisions of this chapter.
§506.2 NONCONFORMING LOTS (LOTS OF RECORD)
A. When a nonconforming lot can be used in conformity with all of the regulations applicable
to the Intended use, except that the lot is smaller than the required minimums set forth in
Section 300, then subject to variance approval by the Board of Adjustment, the lot may
be used as proposed just as if it were conforming. However, no use (e.g., a two-family
residence) that requires a greater lot size than the established minimum lot size for a
particular zone is permissible on a nonconforming IoL
B. When the use proposed for a nonconforming lot is one that is conforming in all other
respects but the applicable setback requirements (Section 300) cannot reasonably be
complied with, then the Board of Adjustment, in the form of a variance, may allow
deviations from the applicable setback requirements if It finds that:
1. The property cannot reasonably be developed for the use proposed without such
deviations,
2. These deviations are necessitated by the size or shape of the nonconforming lot,
and
3. The property can be developed as proposed without any significantly adverse
impact on surrounding properties or the public health or safety.
C. For purposes of Subsection B, compliance with applicable building setback requirements
Is not reasonably possible If a building that serves the minimal needs of the use proposed
for the nonconforming lot cannot practicably be constructed and located on the lot in
conformity with such setback requirements. However, mere financial hardship does not
constitute grounds for finding that compliance is not reasonably possible. -
D. This section applies only to undeveloped nonconforming lots: A lot is undeveloped if it
has no substantial structures upon ft. A change in use of a developed nonconforming lot
may be accomplished in accordance with §506.5.
E. Subject to the following sentence, it, on the date this section,becomes effective, an un-
developed nonconforming lot adjoins and has continuous frontage with one or more other
undeveloped lots under the same ownership, then neither the owner of the nonconforming
tot nor his successors in Interest may take advantage of the provisions of this section. This
subsection shall not apply to a nonconforming lot if a majority of the developed lots located
on either side of the street where such lot is located and within 500 feet of such lot are
also nonconforming. The Intent of this subsection is to require nonconforming lots to be
combined with other undeveloped lots to create conforming lots under the circumstances
specked herein, but not to require such combination when that would be out of character .
with the way the neighborhood has previously been developed.
73

§500. CRITERIA FOR DISCRETIONARY PERMITS
§506.3 EXTENSION OR ENLARGEMENT OF NONCONFORMING SITUATIONS
A. Except as specifically provided in this section, no person may engage in any activity that
causes an Increase in the extent of nonconformity of a nonconforming situation. In
particular, physical alteration of structures or the placement of new structures on open land
is unlawful If such activity results In:
I. An Increase in the total amount of space devoted to a nonconforming use, or
2. Greater nonconformity with respect to dimensional restrictions such as setback
requirements, height limitations or density requirements or other requirements such
as parking requirements. `
B. Subject to Subsection D, a nonconforming use may be extended throughout any portion
of a completed building that, when the use was made nonconforming by this chapter, was
manifestly designed or arranged to accommodate such use. However, a nonconforming
use may not be extended to additional buildings or to land outside the original building.
C. A nonconforming use of open land may not be extended to cover more land than was
occupied by that use when it became nonconforming, except that a use that involves the
removal of natural materials from the lot (e.g., a sand pit) may be expanded to the
boundaries of the lot where the use was established at the time it became nonconforming
It ten percent (10%) or more of the earth products had already been removed on the
effective date of this chapter.
D. The volume, Intensity, or frequency of use of property where a nonconforming situation
exists may be Increased and the equipment or processes used at a location where a
nonconforming situation exists may be changed if these or similar changes amount only
to changes in the degree of activity rather than changes in kind and no violations of other
paragraphs of this section occurs.
E. Notwithstanding Subsection A, any structure used for single family residential purposes and
maintained as a nonconforming use may be enlarged or replaced with a similar structure
of a larger size, so long as the enlargement or replacement does not create new
nonconformlties or Increase the extent of existing nonconformities with respect to such
matters as setback and parking requirements. This paragraph is subject to the limitations
stated in §506.6 (Abandonment and Discontinuance of Nonconforming Situations).
F. Notwithstanding Subsection A. whenever. (1) There exists a lot with one or more structures
on it, and (2) a change In use that does not involve any enlargement of a structure is
proposed for such lot, and (3) the parking or loading requirements of §400 that would be
applicable as a result of the proposed change cannot be satisfied on such lot because
there is not sufficient area available on the lot that can practicable be used for parking or
loading, then the proposed use shall not be regarded as resulting in an impermissible
extension or enlargement of a nonconforming situation.
74

§500. CRITERIA FOR DISCRETIONARY PERMITS
However, the applicant shall be required to comply with all applicable parking and loading
requirements that can be satisfied without acquiring additional land, and shall also be
required to obtain satellite parking in accordance with §402 if. (1) Parking requirements
cannot be satisfied on the lot with respect to which the permit is required, and (2) such
satellite parking is reasonably available.
If such satellite parking is not reasonably available at the time the zoning or conditional
use permit is granted, then the permit recipient shall be required to obtain it K and when
it does become reasonably available. This requirement shall be a continuing condition of
the permit.
§506.4 REPAIR, MAINTENANCE, AND CONSTRUCTION
A. 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
twenty-five percent (25%) of the appraised valuation of the structure to be renovated may
be done only in accordance with a zoning permit issued pursuant to this section.
B. If a structure located on a lot where a nonconforming situation exists is damaged to an
extent that the costs of repair or replacement would exceed twenty-five percent (25%) of
the appraised valuation of the damaged structure, then the damaged structure may be
repaired or replaced only in accordance with a zoning permit issued pursuant to this
section. This subsection does not apply to structures used for single-family residential
purposes, which structures may be reconstructed pursuant to a zoning permit just as they
may be enlarged or replaced as provided in Subsection 506.3E.
C. For purposes of Subsection A and B:
1. The'cost' of renovation or repair or replacement shall mean the fair market value
of the materials and services necessary to accomplish such renovation, repair, or
replacement.
2. The 'cost of renovation or repair or replacement shall mean the total cost of all
such Intended work, and no person may seek to avoid the intent of Subsections
A or B by doing such work Incrementally.
3. The •appraised valuation' shall mean either the appraised valuation for property
tax purposes, updated as necessary by the increase in the consumer price index
since the date of the last valuation, or the valuation determined by a professionally
recognized property appraiser.
D. The administrator shall issue a permit authorized by this section if he finds that, in
completing the renovation, repair or replacement work:
1. No violation of §506.3 will occur, and
2. The permittee will comply to the extent reasonably possible with all provisions of
this chapter applicable to the existing use (except that the permittee shall not lose
his right to. continue a nonconforming use).
75

§500. CRITERIA FOR DISCRETIONARY PERMITS
Compliance with a requirement of this chapter is not reasonably possible if compliance
cannot be achieved without adding additional land to the lot where the nonconforming
situation is maintained or moving a substantial structure that is on a permanent foundation.
Mere financial hardship caused by the cost of meeting such requirements as paved parking
does not constitute grounds for finding that compliance is not reasonably possible.
§506.5 CHANGE IN USE OF PROPERTY WHERE A NONCONFORMING SITUATION EXIST
A. A change in use of property (where a nonconforming situation exists) that is sufficiently
substantial to require a new zoning or conditional use permit may not be made except in
accordance with Subsections B through D. However, this requirement shall not apply if
only a sign permit is needed.
B. If the Intended change in use is to a principal use that is permissible in the district where
the property is located, and all of the other requirements of this chapter applicable to that
use can be complied with, permission to make the change must be obtained in the same
manner as permission to make the initial use of a vacant lot. Once conformity with this
chapter is achieved, the property may not revert to its nonconforming status.
C. If the intended change in use is to a principal use that is permissible in the district where
the property is located, but all of the requirements of this chapter applicable to that use
cannot reasonably be complied with, then the change is permissible if the administrator
issues a permit authorizing the change. This permit may be issued if the administrator
finds, in addition to any other findings that may be required by this chapter, that:
1. The Intended change will not result In a violation of §506.3, and
2. All of the applicable requirements of this chapter that can reasonably be complied
with will be complied with. Compliance with a requirement of this chapter is not
reasonably possible if compliance cannot be achieved without adding additional
land to the lot where the nonconforming situation is maintained or moving a
substantial structure that is on a permanent foundation. Mere financial hardship
caused by the cost of meeting such requirements as paved parking does not
constitute grounds for finding that compliance is not reasonable possible. And in
no case may an applicant be given permission pursuant to this subsection to
construct a building or add to an existing building if additional nonconformities
would thereby be created.
D. If the intended change in use is to another principal use that is also nonconforming, then
'
the change is permissible if the administrator issues a permit authorizing the change. The
administrator may issue the permit if it finds, in addition to other findings that may be
required by this chapter, that:
'
1. The use requested is one that is permissible In some zoning district with either a
zoning or conditional use permit, and
'
2. All of the conditions applicable to the permit authorized in Subsection C of this
section are satisfied, and
' 76
11

§500. CRITERIA FOR DISCRETIONARY PERMITS
3. The proposed development will have less of an adverse Impact on those most
affected by it and will be more compatible with the surrounding neighborhood than
the use in operation at the time the permit Is applied for.
§506.6 ABANDONMENT AND DISCONTINUANCE OF NONCONFORMING SITUATIONS
A. "'When a nonconforming use is (1) discontinued for a consecutive period of one hundred
eighty days (1 BO), or (2) 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.
B. If the principal activity on property where a nonconforming situation other than a
nonconforming use exists is (1) discontinued for a consecutive period of one hundred
eighty (180) days, or (2) 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 preexisting use unless the administrator issues a
permit to allow the property to be used for this purpose without correcting the
nonconforming situations. This permit may be Issued if the Administrator finds that
eliminating a particular nonconformity is not reasonably possible (.e., cannot be
accomplished without adding additional land to the lot where the nonconforming situation
is maintained or moving a substantial structure that is on a permanent foundation). The
permit shall specify which nonconformitles need not be corrected.
C. For purposes of determining whether a right to continue a nonconforming situation is lost
pursuant to this section, all of the buildings, activities, and operations maintained on a lot
are generally to be considered as a whole. For example, the failure to rent one apartment
In a nonconforming apartment building for one hundred eighty (180) days shall not result
In a loss of the right to rent that apartment or space thereafter so long as the apartment
building as a whole is continuously maintained. But If a nonconforming use is maintained
in conjunction with a conforming use, discontinuance of a nonconforming use for the
required period shall terminate the right to maintain it thereafter.
D. When a structure or operation made nonconforming by this chapter is vacant or
discontinued at the effective date of this chapter, the one hundred eighty -day (180) period
for purposes of this section begins to run on the effective date of this chapter.
77

L' SECTION 600
ADMINISTRATIVE AUTHORITY AND PROCESS
' §601. ADMINISTRATIVE OFFICER
601.1 The Zoning Enforcement' Officer, subject to zoning compliance specified by the Zoning
Administrator, is hereby authorized to enforce the provisions of this ordinance. Appeal from decisions of
the Zoning Administrator shall be made to the Board of Adjustment.
1 •
601.2 BUILDINzG PERMIT
' No building shall be erected, added to, or structurally altered until a permit to do so has been
issued by the Zoning Enforcement Officer, No building permit shall be Issued except In conformity with
the provisions of this chapter after written order from the Zoning Administrator.
' A. Plans
Each application for a zoning permit shall be accompanied by complete plans (drawn to
' scale) in duplicate signed by the applicant with his address, showing the actual shape and
dimensions of the lot to be built upon, the exact sizes and locations on the lot of the
buildings and accessory buildings then existing, and the tine§ within which the proposed
building shall be erected or altered, the number of families or housekeeping units the
building is designed to accommodate, and such other Information with regard to the lot
and neighboring lots as may be necessary to determine and provide for enforcement of
this ordinance.
One (1) copy of the plans shall be returned to the applicant by the Zoning Administrator,
after he shall have marked such copy either as approved or disapproved and attested to
' same by his signature on such copy. The record copy of the plans, similarly marked, shall
be retained by the Zoning Administrator.
After zoning compliance approval has been issued by the Zoning Administrator in the form
' of a zoning permit, the applicant may take his approved copy of the plans to the Zoning
Enforcement Officer for issuance of a building permit in conformance with the zoning
permit.
B. Effect Upon Outstanding Building Permits
Nothing herein contained shall require any change in the plan, construction, size or
' designated use of any building, structure, or part thereof for which a building permit has
been granted by the Zoning Enforcement Officer prior to the time of passage of this
ordinance; provided, however, that where construction Is not begun under such outstanding
permit within a period of sixty (60) days subsequent to the passage of this ordinance or
where it has not been prosecuted to completion within eighteen (18) months subsequent
to passage of this ordinance, any further construction or use shall be in conformity with
' the provisions of this ordinance.
t
78

§600. ADMINISTRATIVE AUTHORITY AND PROCESS
§601.3 CERTIFICATE OF OCCUPANCY
No land shall be used or occupied (except for agricultural purposes) and no building hereafter
structurally altered, erected, or moved, shall be used, or its use changed until a certificate of occupancy
shall have been Issued by the Zoning Enforcement Officer stating that the building and/or the proposed
use thereof complies with the provisions of this ordinance. A like certificate shall be Issued for the purpose
of maintaining, renewing, changing, or extending a nonconforming use. A certificate of occupancy either
for the whole or a part of a building shall be applied for coincident with the application for a building permit
and shall be issued within ten (10) days after the erection or structural alterations of such building, or part,
shall have been completed in conformity with the provisions of this ordinance. A record of all certificates
shall be kept on file in the office of the Zoning Enforcement Officer and copies shall be furnished, on
request, to any person having a proprietary or tenancy Interest in the building erected. No permit for
excavation for, or erection of, any building, or part of a building, or for repairs to, or alteration of, a building
shall be issued until a statement of its intended use has been filed by the applicant.
Temporary Certificate
The Zoning Enforcement Officer may Issue a temporary certificate of occupancy for bazaars,
carnivals, religious revivals, construction offices and similar uses subject to zoning compliance
determined by the Zoning Administrator. Such certificate shall be Issued for a fixed period of time,
but not to exceed ninety (90) days, shall be subject to such limitations as the Zoning Administrator
may Impose to protect the character of the district affected, and may be considered for
reapplication.
§601.4 DUTIES OF ZONING ADMINISTRATOR, BOARD OF ADJUSTMENT COURTS AND TOWN COUNCIL
AS TO MATTERS OF APPEAL
It is the intention of this ordinance that all questions arising in connection with the enforcement of
this chapter shall be presented first to the Zoning Administrator and that such questions shall be presented
to the Board of Adjustment by the Zoning Administrator; and that from the decision of the Board of
Adjustment recourse shall be had to courts as provided by law. It is further the intention of this ordinance
that the duties of the Town Council in connection with the ordinance shall not include the hearing and
passing upon disputed questions that may arise In connection with the enforcement thereof, but that the
procedure for determining such questions shall be as herein set out in this ordinance, and that the duties
of the Town Council in connection with this ordinance, shall be only the duty of considering and passing
upon any proposed amendment or repeal of the ordinance as provided by law. -
§601.5 FILING AND NOTICE OF APPEAL
Appeals from the enforcement and interpretation of this ordinance and requests for conditional use
permits, variances, and temporary permits shall be filed with the Zoning Administrator specifying the
grounds thereof. The Zoning Administrator shall transmit to the Board of Adjustment all applications and
records pertaining to such appeals, variances, conditional uses or temporary permits. An appeal stays all
proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the
Board that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril
79 1

§600. ADMINISTRATIVE AUTHORITY AND PROCESS
to life and property, in which case proceedings shall not be stayed otherwise than by a restraining order,
which may be granted by the Board or by a court of record on application or notice to the officer from
whom the appeal Is taken and due cause shown.
A. Hearing of the Appeal
After receipt of notice of an appeal, the Board Chairman shall schedule the time for a
hearing,which shall be at a regular or special meeting within forty-five (45) days from the
filing of such notice of appeal.
B. Notice
At least fifteen (15) days prior to the date of the hearing the Town of Ahoskie shall furnish
all adjoining property owners with written notice of the hearing.
In addition the Town of Ahoskie shall place a notice of such public hearing in a newspaper
of general circulation In the Town of Ahoskie no greater than fifteen (15) days and no less
than seven (7) days before the public hearing.
C. Fees
A fee of twenty-five ($25) dollars shall be paid to the Town of Ahoskle, North Carolina, for
each application for a conditional use permit, variance, temporary permit, or appeal, to
cover the necessary administrative costs and advertising.
§601.6 REMEDIES
In case any building or stricture is erected, constructed, reconstructed, altered, repaired, converted,
or maintained, or any building, structure, or land Is used In violation of this ordinance, the Zoning
Enforcement Officer or any appropriate authority of the Town or any adjacent, nearby, or neighboring
property owner who would be affected by such violation in addition to other remedies may Institute
Injunction, mandamus or other appropriate action in proceeding to prevent the occupancy of such building,
structure or land.
§601.7 PENALTIES
Any person violating any provisions of any section of this ordinance, or who shall violate or fail to
comply with any order made thereunder; or who shall continue to work upon any structure after having
received written notice from the Zoning Enforcement Officer to cease work, shall be guilty of a
misdemeanor as provided by North Carolina General Statutes, Section 14.4. Each day such violation shall
be permitted to exist shall constitute a separate offense. Notice of violation shall be sufficient if directed
to such owner, the agent of the owner or the contractor and left at his known place of residence or place
of business.

§600. ADMINISTRATIVE AUTHORITY AND PROCESS
§602. BOARD OF ADJUSTMENT
602.1 APPOINTMENTS AND TERMS OF BOARD OF ADJUSTMENT MEMBERS
A. There shall be a Board of Adjustment consisting of ten (10) members. Eight (8) members,
appointed by the Town Council, shall reside within the Town. Two (2) members, appointed
by the County Board of Commissioners, shall reside within the Town's extraterritorial area.
If, despite good faith efforts, enough residents of the extraterritorial planning area cannot
be found to fill the seats reserved for residents of such area, then the County Board of
Commissioners may appoint other residents of the County (including residents of the Town)
to fill these seats. If the County Board fails to make these appointments within ninety (90)
days after receiving a resolution from the Town Council requesting that they be made, the
Council may make them.
B. Board of Adjustment members shall be appointed as follows and may continue to serve
until their successors have been appointed.
Initially, two (2) members, one from each area, shall be appointed for a term of one year;
two (2), one from each area, for two (2) years; two (2), both in -town members, for three
(3) years; two (2), both in -town members, for four (4) years; and two (2), both in -town
members area, for five (5) years.
Vacancies may be filled for the unexpired terms only.
C. Members may be appointed to successive terms without limitation.
D. Board of Adjustment members may be removed by the Council at any time for failure to
attend three (3) consecutive meetings or for failure to attend thirty percent (30%) or more
of the meetings within any twelve (12) month period for any other good cause related to
performance of duties. The Town Council shall file a written statement of reasons of such
removal. Upon request of the member proposed for removal, the Council shall hold a
hearing on the removal before it becomes effective.
E. If an in -town member moves outside the Town or If an extraterritorial area member moves
outside the planning jurisdiction, that shall constitute a resignation from the Board of Adjust-
ment, effective upon the date a replacement is appointed by the Council.
F. All members of the Board of Adjustment shall serve as such without compensation.
81

§600. ADMINISTRATIVE AUTHORITY AND PROCESS
§602.2 ORGANIZATION, RULES, MEETINGS, AND RECORDS
Within thirty (30) days after appointment, the Board of Adjustment shall meet and elect a chairman
and appoint a secretary and such other subordinates as may be authorized by the Town Council. The
term of the chairman and other officers shall be one (1) year, with eligibility for re-election. Meetings of
the Board shall be at the call of the chairman and at such other times as the Board may determine. Such
chairman, or In his absence, the acting chairman, may administer oaths and compel the attendance of
witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its
proceedings, showing the vote of each member upon every question, or his absence or failure to vote,
Indicating such fact, and also keep records of its examination and any other official action.
§602.3 QUORUM AND VOTING
A. A quorum for the Board of Adjustment shall consist of a majority of the Board membership
(excluding vacant seats). A quorum Is necessary for the Board to take official action.
B. All actions of the Board of Adjustment shall be taken by a four -friths (4/5) vote, a quorum
being present.
C. Extraterritorial planning area members may vote on all matters considered by the Board,
regardless of whether the property affected lies within or without the Town.
D. Once a member is physically present at a Board meeting, any subsequent failure to vote
' shall be recorded as an affirmative vote unless the member has been excused in
accordance with Subsection E or has been allowed to withdraw from the meeting in
accordance with Subsection F.
E. A member may be excused from voting on a particular issue by majority vote of the
remaining members present under the following circumstances:
1. If the member has a direct financial interest In the outcome of the matter at issue,
or '
2. If the matter at issue Involves the member's own official conduct, or
3. If participation in the'matter might violate the letter or spirit of a member's code
of professional responsibility, or
4. If a member has such close personal ties to the applicant that the member cannot
reasonably be expected to exercise sound judgement in the public interest.
F. A member may be allowed to withdraw from the entire remainder of a meeting by majority
vote of the remaining members present for any good and sufficient reason other than the
member's desire to avoid voting on matters to be considered at that meeting.
G. A motion to allow a member to be excused from voting or excused from the remainder of
the meeting in order only if made by or at the Initiative of the member directly affected.
82

§600. ADMINISTRATIVE AUTHORITY AND -PROCESS
H. A roll call vote shall be taken upon the request of any member.
§602.4 POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT
A. The Board of Adjustment shall hear and decide:
1. Appeals from any order, decision, requirement, or interpretation made by the
Zoning Enforcement Officer or other administrative officials in carrying out the
enforcement of any provision of this chapter.
2. Applications for conditional use permits, as subject to appropriate conditions and
safeguards, as authorized by Sections 300, 400, and 500 hereof.
3. Applications for variances, as provided in Section 500.
4. Questions Involving interpretations of the zoning map, including disputed district
boundary lines and lot lines, with consideration given to Section 105.6.
5. Any other matter the Board is required to act upon by any other Town Ordinance.
B. The Board may adopt rules and regulations governing its procedures and operations not
inconsistent with the provisions of this chapter.
§602.5 APPEAL FROM THE BOARD OF ADJUSTMENT
Appeal from the decision of the Board of Adjustment shall be to the Hertford County Superior
Court.
§603. PLANNING BOARD
603.1 APPOINTMENTS AND TERMS OF PLANNING BOARD MEMBERS
A. There shall be a planning board consisting of ten (10) members. Eight (8) members,
appointed by the Town Council, shall reside within the Town. Two (2) members, appointed
by the County Board of Commissioners, shall reside within the Town's extraterritorial area
If, despite good faith efforts, enough residents of the extraterritorial planning area cannot
be found to fill the seats reserved for residents of such area, then the County Board of
Commissioners may appoint other residents of the County (including residents of the Town)
to fill these seats. If the County Board fails to make these appointments within ninety (90)
days after receiving a resolution from the Town Council requesting that they be made, the
Council may make them.
B. Planning Board members shall be appointed as follows and may continue to serve until
their successors have been appointed:
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§600. ADMINISTRATIVE AUTHORITY AND PROCESS
Initially, two (2) members, one from each area, shall be appointed for a term of one year;
two (2), one from each area, for two (2) years; two (2), both in -town members, for three
(3) years; two (2), both in -town members, for four (4) years; and two (2), both in -town
members, for five (5) years.
Vacancies may be filled for the unexpired terms only.
C. "''Members maybe appointed to successive terms without limitation.
D. Planning Board members may be removed by the Council at any time for failure to attend
three (3) consecutive meetings or for failure to attend thirty percent (30%) or more of the
meetings within any twelve-month (12) period or for any other good cause related to
performance of duties. The Town Council shall file a written statement of reasons of such
removal. Upon request of the member proposed for removal, the council shall hold a
hearing on the removal before it becomes effective.
E. If an in -town member moves outside the Town or if an extraterritorial area member moves
outside the planning jurisdiction, that shall constitute a resignation from the Planning Board,
effective upon the date a replacement is appointed by the Council.
§603.2 ORGANIZATION, RULES, MEETINGS, AND RECORDS
Within thirty (30) days after appointment, the Planning Board shall meet and elect a chairman and
create and fill such offices as it may determine. The term of the chairman and other officers shall be one
(1) year, with eligibility for re-election. The chairman shall be elected from those members representing
the Town of Ahoskie. The Board shall adopt rules for transaction of its business and shall keep a record
of its members' attendance and of its resolutions, discussions, findings, and recommendations, which
record shall be a public record. The Board shall hold at least one meeting monthly, and all of its meetings
shall be open to the public.
§603.3 QUORUM AND VOTING
A. A quorum for the Planning Board shall consist of a majority of the Board membership
(excluding vacant seats). A quorum is necessary for the Board to take official action.
B. All actions of the Planning Board shall be taken by majority vote, a quorum being present.
C. Extraterritorial planning area members may vote on all matters considered by the Board,
regardless of whether the property affected lies within or without the Town.
D. A roil call vote shall be taken upon the request of any member.
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§600. ADMINISTRATIVE AUTHORITY AND PROCESS
§603.4 POWERS AND DUTIES OF PLANNING BOARD
A. General Duties
1. To acquire and maintain in current form such basic information and materials as
are necessary to any understanding of past trends, present conditions, and forces
at work to cause changes in these conditions;
2. To make studies and recommend to the Council plans, goals, and objectives
relating to the growth, development, and redevelopment of the Town and the
surrounding extraterritorial planning area;
3. To develop and. recommend to the Council policies, ordinances, administrative
procedures, and other means of carrying out plans In a coordinated and efficient
manner,
4. To prepare and from time to time amend and revise a land use plan for the
physical development of this area;
5. To establish principles and policies for guiding action in the development of the
area;
6. To prepare and recommend to the Town Council ordinances promoting orderly
development along the lines indicated in the land use plan;
7. To determine whether specific proposed development conforms to the principles
and requirements of the land use plan for the growth and improvement of the area;
8. To keep the Town Council and the general public Informed and advised to these
matters;
9. To perform any other duties which may lawfully be assigned to it by the Town
Council.
B. Basic Studies
As background for its land use plan and any other ordinances it may prepare, the Planning
Board may gather maps and aerial photography of manmade and natural physical features
of the area, statistics on past trends and present conditions with respect to population,
property values, the economic base of the community, land use, and such other information
as is important or likely to be important in determining the amount, directbn, and kind of
development to be expected in the area and its various. parts.
In addition, the Planning board may make, cause to be made, or obtain special studies
on the location and adequacy of specific facilities, which may include but not be limited
to studies of housing; commercial and industrial facilities;, parks, playgrounds, and
recreational facilities; public and private utilities; and traffic, transportation, and parking
facilities.
All Town officials shall, upon request, furnish to the Planning Board such available records
or Information as it may require in its work. The Board or its agents may, in the
performance of its duties, enter upon land and make examinations or surveys and maintain
necessary monuments thereon. .
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§600. ADMINISTRATIVE AUTHORITY AND PROCESS
C. Land Use Plan
The CAMA Land Use Plan Update (1987) as amended with the accompanying maps, plats,
charts, and descriptive matter, shall be and show the Planning Board's recommendations
to the Town Council for the development of said territory, Including among other things,
the general location, character, and extent of streets, bridges, boulevards, parkways,
playgrounds, squares, parks, aviation fields, and other public ways, grounds and open
spaces; the general location and extent of public utilities and terminals, whethar publicly
' or privately owned or operated, for water, light, sanitation, transportation, communication,
power, and other purposes; and the removal, relocation, widening, narrowing, vacating,
abandonment, change of use, or extension of any of the foregoing ways, buildings,
grounds, open spaces,, property, utilities, or terminals. The plan and any ordinances or
other measures to effectuate itshall be made with the general purpose of guiding and
accomplishing a coordinated, adjusted, and harmonious development of the Town and its
environs which will, in accordance with present and future needs, best promote health,
safety, morals, and the general welfare, as well as other things, adequate provisions for
traffic, the promotion of safety from fire and other dangers, adequate provision for light and
air, the promotion of the healthful and convenient distributionof population, expenditure
of public funds, and the adequate provision of public utilities, services and other public
requirements.
D. Zonina Ordinance
The Planning Board is hereby designated as the Zoning Commission for the Town of
Ahoskie and its Environs. The Planning Board may initiate, from time to time, proposals
for amendments of the zoning ordinance, based on its studies and land use plan. In
addition, it shall review and make recommendations to the Town Council concerning all
proposed amendments to the Zoning Ordinance and zoning districts according to Section
700 of this chapter.
I a E. Subdivision Reaulations
The Planning Board shall review from time to time regulations for the control of land
subdivision in the area and submit to the Town Council its recommendations, If any, for
the revision of said regulations. Also, the Planning Board shall review and make
recommendations to the Town Council concerning all proposed plats of land subdivision
in accordance with said regulations.
F. Public Facilities ,
The Planning Board shall review with Town officials and report as recommendations to the
Town Council upon the extent, location, and design of all public structures and facilities,
' on the acquisition and disposal of public properties, on the establishment of building lines,
mapped street lines, and proposals to change existing street lines. However, In the
absence of a recommendation from the Planning Board, the Town Council, it it seems wise,
after the expiration of forty-five (45) days from the date on which the question has been
submitted in writing to the Planning Board for review and recommendation, may take final
action.
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' §600. ADMINISTRATIVE AUTHORITY,AND PROCESS
G. Miscellaneous Powers and Duties
The Planning Board may conduct such public hearings as may be required to gather
Information necessary for the drafting, establishment, and maintenance of the
land use plan. Before adopting any such plan, it shall hold at least one public hearing
thereon.
r .The Planning Board shall have power to promote public interest in and an understanding
of its recommendations, and to that end it may publish and distribute copies of its
recommendations and may employ such other means of publicity and education as it may
determine.
Members or employees of the Planning Board, when duly authorized by the Planning
Board, may attend planning conferences or meetings of planning institutes or hearings
' upon pending planning legislation, and the Planning Board may, by formal and affirmative
vote, pay, within the Planning Board's budget, the reasonable traveling expenses incident
to such attendance.
603.5 SPECIAL COMMITTEES
' A. • From time to time, the Council may appoint one or more individuals to help the Planning
Board carry out fts planning responsibilities with respect to a particular subject area. By
way of illustration, without limitation, the Council may appoint advisory committees to
consider the thoroughfare plan, bikeway plans, housing plans, economic development
' plans, etc. "
' B. Members of such advisory committees shall sit as nonvoting members of thi Planning
Board when such issues are being considered and lend their talents, energies, and
expertise to the Planning Board. However, all formal' recommendations to the Council shall
be made by the Planning Board.
C. Nothing in this section shall prevent the Council from establishing independent advisory
groups, committees, or commissions to make recommendations on any issue directly to
the Council.
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SECTION 700
ZONE CHANGES AND AMENDMENTS
The Town Council may amend, supplement or change the text regulations and zoning map
according to the following procedures.
§701. ACTION BY THE APPLICANT
The Tollowing action shall be taken by the applicant:
§701.1 _ INITIATION OF AMENDMENTS
A petition for an amendment to either the Zoning Ordinance of the Town of Ahoskie or the Official
Zoning Map of the Town of Ahoskle may be initiated by the Town Council, the Planning Board, any
department or agency of the Town, or the owner or authorized agent of the owner of any property within
the zoning jurisdiction of the Town that desires an amendment to either the Zoning Ordinance or Map
which would affect property in which he has a vested property right recognized under the existing law.
§701.2 APPLICATION
An application for any change or amendment shall be filed with the Town Clerk no later than fifteen
(15) days prior to the Planning Commission meeting at which the application is to be considered. The
Town Clerk shall notify immediately the Planning Commission or the Town Manager of such rezoning
application.
Each application shall be signed, be In duplicate, and shall include, among the information deemed
relevant by the administrator,
A. The name, address, and phone number of the applicant;
B. A description of the land affected by the amendment If a change in zoning district is
proposed;
C. If the proposed change would require a change In the zoning map, a map of the property
based on current Hertford County Orthophoto tax maps shall be submitted to include:
1. All property lines with dimensions;
2. North arrow;
3. Adjoining streets with names;
4. The location of all existing structures;
5. The current and proposed use of all land;
6. Zoning classifications of all abutting zoning districts;
7. The existing and proposed zoning of the property;
8. The original rezoning map and thirteen (13) required copies at the time of original
submission.

§700. ZONE CHANGES AND AMENDMENTS
D. A list of the names and addresses of all those to whom notice of the public hearing must
be sent as provided in Section 704.1 of this chapter.
E. A statement regarding the changing conditions, If any, in the area specifically and/or in the
Town, generally, that make the proposed amendment reasonably necessary to the
promotion of the public health, safety, and general welfare.
F. A fifty ($50.00) dollar filing fee.
§702. ACTION BY THE PLANNING COMMISSION
The following action shall be taken by the Planning Commission:
§702.1 PLANNING COMMISSION CONSIDERATION
The Planning Commission may consider and make, by vote of a majority of its total membership,
recommendations to the Town Council concerning each proposed Zoning Amendment at any meeting of
the Planning Commission. The Planning Commission may hold separate public hearings or may sit .
concurrently with the public hearing held by the Town Council.
§703. ACTION BY THE TOWN COUNCIL
703.1 TOWN COUNCIL CONSIDERATIONS
The Town Council shall consider changes and amendments to this ordinance proposed by
applicants at any meeting of the Town Council
§703.2 TOWN COUNCIL ACTION
Before taking such lawful action as it may deem advisable, the Town Council shall consider the
Planning Commission's recommendation of each proposed Zoning Amendment. If no recommendation is
received from the Planning Commission within sixty (60) days after submission of the application to the
Town Clerk by the applicant, the proposed amendment shall be deemed to have been approved by the
Planning Commission.
§704. PUBLIC HEARING AND NOTICE
A public hearing shall be held by the Town Council before the adoption of any proposed
amendment to this chapter. A notice of such public hearing shall be given once a week for two (2)
successive calendar weeks in a newspaper of general circulation in the Town, such notice to be published
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1 §700. ZONE CHANGES AND AMENDMENTS
the first time not less than ten (10) days nor more than twenty-five (25) days prior to the date established
for such public hearing. All ordinances amending this chapter shall be recorded in the Office of the Town
Clerk of Ahoskie before such ordinance shall become effective.
§704.1 NOTICE FOR ZONING MAP AMENDMENTS
' Whenever there is a zoning classification action involving a parcel of land, the owner of that parcel
of land as shown on the county tax listing, and the owners of all parcels of land abutting that parcel of
land as shown on the county tax listing, shall be mailed a notice of the proposed classification by first
class mail at the last address as listed for such owners on the county tax abstracts. The Town Clerk, after
mailing such notices, shall certify to the Town Council the fact, and such certificates shall be deemed
conclusive in the absence of fraud.
§705. PROTESTS
' In the case of a protest against an amendment, supplement, change, modification, or repeal signed
by the owners of twenty percent (20%) or more of the area of the lots Included in such proposed change,
or of those immediately adjacent thereto either in the rear thereof or on either side thereof, extending one
hundred (100) feet therefrom, or of those directly opposite thereto extending one hundred (100) feet from
' the street frontage of such opposite lots, such amendment shall not become effective except by favorable
vote of three -fourths (3/4) of all members of the Town Council.
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