Zoning Ordinance-1989

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Division of Coastal Management Copy
Town of Atkinson
Zoning Ordinance
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I
Town of Atkinson
Zoning Ordinance
1989
The preparation of this document was financed in
put 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
Oeealyc and Atmuepherlc Administration.
s

tOWN OF ATKINSON
ZONING ORDINANCE
Table of Contents
Page
Scope of Ordinance . . . . . . . . . . . . . . . . . . . . . . . .
1
Title . . .
. . . . . ... . . . . . . . . . . . . . . . . . . . .
1
Preamble and
Enactment Clause . . . . . . . . . . . . . . . . . .
1
Effective Date . . . . .' . . . . . . . . . . . . . . . . . .
1
ARTICLE 1 --
General Regulations . . . . . . . . . . . . . . . .
2
Section
1.01 Affected Territory . . . . . . .
2
Section
1.02 Zoning Affects Every Building and Use . . . . .
2
Section
1.03 Open Space Not to be Encroached Upon . . . . .
2
Section
1.04 Every Lot Must Abut a Street . . . . . . . . .
2
Section
1.05 One Principal Building Per Lot . . .
2
Section
1.06 Locations of Building Lines on Irregularly -
Shaped Lots . . . . . . . . . . . . . .
2
Section
1.07 Non -Conformances May Continue . . . . . . . . .
2
ARTICLE 2 --
Zoning Districts . . . . . . . . . . . . . . . . . .
3
Section
2.01 Classes and Purposes of Zoning Districts . . .
3
2.01.01 RA Rural Agricultural District . . . . . . .
3
2.01.02 R-15 Residential District. . . . . . . . . .
3
2.01.03 RM-15 Residential . . . . . . . . .
3
2.01.04 C-1 Office and Related Commercial District .
3
2.01.05 C-2 General Commercial . . . . . . . . . . .
3
Section
2.02 Boundaries of Districts . . . . . . . .
4
Section
2.03 Permitted Uses in Zoning Districts . . . . . .
4
Section
2.04 Special Conditions . . . . . . . . . . . . . .
6
ARTICLE 3 --
Schedule of Area, Height and Placement Regulations
9
ARTICLE 4 --
Sign Regulations . . . . . . . . . . . . . . . . . .
10
Section
4.01 Signs, General
10
Section
4.02 Signs in R-15 and RM-15 Zones
10
4.02.01 Permitted Signs . . . . . . . . . . . . . .
10
4.02.02 Prohibited Signs . . . . . . . . . .'. . . .
10
Section
4.03 Signs in C-1 Zones . . . . . . . . . . . . . .
11
4.03.01 Permitted Signs . . . . . . . . . . . . . .
11
4.03.02 Prohibited Signs . . . . . . . . . . . . . .
11
Section
4.04 Signs in C-2 Zones . . . . . . . . . . . . . .
11
4.04.01 Permitted Signs . . . . . . . . . . . . . .
11

ARTICLE 5 --
Off -Street Parking and Loading . . . . . . . . . . .
11
Section
5.01
Purpose . . . . . . . . . . . . . . . . . ..
11
Section
5.02
Schedule of Minimum Off -Street Parking
Requirements
12
Section
5.03
General Provisions for Off -Street Parking . . .
13
Section
5.04
Schedule of Minimum Off -Street Loading
Requirements
14
Section
5.05
General Provisions for Off -Street Loading . . .
14
ARTICLE 6 --
Administration and Legal Provisions I. . . . . . . . .
14
Section
6.01
Administration of the Zoning Ordinance . . . . .
14
Section
6.02
Building Permits . . . . . . . . . . . . . . . .
15
Section
6.03
Certificates of Occupancy
15
Section
6.04
Determination of Exact Location of Zoning
District Boundary Lines . . . . . . . .
15
Section
6.05
Building Permit Issued Prior to Adoption of
This Ordinance . . . . . . . . . . . . . .
15
Section
6.06
Changes and Amendments . . . . . . . . . . . . .
15
'
Section
6.07
Interpretation, Purpose and Conflict
16
Section
6.08
Separability
17
Section
6.09
Penalty . . . . . . . . . . . . . . . . . .
17
Section
6.10
Effective Date . . . . . . . . . . . . . . . . .
17
ARTICLE 7 --
Board
of Adjustment . . . . . . . . . . . . . . . . .
17
'
Section
7.01
Board of Adjustment Created . . . . . . . . . .
17
Section
7.02
Number of Members; Appointments . . . . . . . .
17
Section
7.03
Length of Terms . . . . . . . . . . . . . . . .
17
Section
7.04
Vacancies . . . . . . . . . . . . . . . . . . .
17
Section
7.05
Compensation
17
Section
7.06
Officers, Rules and Regulations . . . . . . . .
17
Section
7.07
Conduct of Meetings . . . . . . . . . . . . . .
17
'
Section
7.08
Disposition of Appeals
17
Section
7.09
Appeals from Decisions of the Building Inspector
17
Section
7.10
Powers of the Board of Adjustment . . . . . . .
19
'
Section
7.11
Re -hearing
20
ARTICLE 8 --
Non -Conformances . . . . . . . . . . . . . . . . . .
20
'
Section
8.01
Purpose and Intent . . . . . . . . . .
20
Section
8.02
Non -Conforming Lots of Record . . . . . . . . .
20
'
Section
Section
8.03
8.04
Non -Conforming Uses of Structures . . . . . . .
Non -Conforming Structures
21
21
Section
8.05
Repairs and Maintenance . . . . . . . . . . . .
22
Section
8.06
Non -Conforming Signs . . . . . . . . . . . .
22
Section
8.07
Non -Conformances Created by Changes in Zoning
Boundaries
22
ARTICLE 9 --
Definitions . . . . . . . . . . . . . . . . . . . . .
23
Section
9.01
Words and Phrases . . . . . . . . . . . . . . .
23
Section
9.02
Definitions . . . . . . . . . . . . . . . . . .
23

' �NN OF ATKINSON
ZONING ORDINANCE
' Scope of the Ordinance
An ordinance establishing comprehensive zoning regulations for the
Town of Atkinson, North Carolina, and providing for the administration,
enforcement, and amendment thereof, in accordance with the provisions of
North Carolina General. Statutes, Chapter 160A. `
' Title
This Ordinance shall be known and may be cited as "The Zoning Ordi—
nance of the Town of Atkinson, North Carolina" and may be cited as the
' "Zoning Ordinance."
' Preamble and Enactment Clause
Pursuant to the authority conferred by Part 3, Article 19, Chapter
160A of the General Statutes of North Carolina, and for the purposes of
lessening congestion in the streets; to secure safety from fire, panic,
and other dangers; to promote health and the general welfare; to provide
adequate light and air; to prevent the overcrowding of land; to avoid un—
due concentration of population; and to facilitate the adequate provisions
of transportation, water, sewerage, schools, parks, and other public
requirements, in accordance with a comprehensive plan, the Board of Aldermen
of the Town of Atkinson does ordain and enact into law the following
articles and sections:
' EFFECTIVE DATE
THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FORCE FROM AND AFTER THE
DAY OF ,
' DULY ADOPTED BY,THE BOARD OF ALDEDIEN OF THE TOWN OF ATKINSON ON THIS
i P DAY OF
' ATTEST:
,V,,.
i
1

ARTICLE 1
General Regulations
Section 1.01 Affected Territory:
This Ordinance shall apply to all territory within the corporate
limits of the Town of Atkinson.
Section 1.02 Zoning Affects Every Building and Use:
No building shall be erected, reconstructed, or structurally altered
nor shall any building or land be used, except in compliance with all the
regulations established by this Ordinance for the district in which the
building or land is located.
Section 1.03 Open Space Not to be Encroached Upon:
The minimum yards, and off-street parking and loading space required
by this Ordinance, shall not be encroached upon. This applies to each and
every building hereafter erected or structurally altered. These open spaces
shall also not be considered as meeting the open space requirements for any
other building.
Section 1.04 Every Lot Must Abut a Street:
No building, structure, or use of land other than agricultural pur-
poses shall be established on a lot which does not abut a dedicated
public street.
Section 1.05 One Principal Building Per Lot:
Not more than one principal building shall be constructed on any
one lot.
r
Section 1.06 Locations of Building Lines on Irregularly Shaped Lots:
These locations shall be determined by the Building Inspector of the
Town of Atkinson. Such determinations shall be based on the spirit and in-
tent of the district regulations to achieve spacing and location of buildings
on individual lots.
I , Section 1.07 Non -Conformances May Continue:
Except as restricted in Section 1.04, residential dwellings may be
I
11 2

built on any lot which was recorded prior to the enactment of this Ordinance
even though it may not meet'the lot width and area requirements established
by this Ordinance. Any lot or structure being used lawfully before this
Ordinance was enacted may continue to be used in the same manner after the
date of adoption of this Ordinance even though such use is not now permitted
under the terms of this Ordinance. Special regulations concerning non -
conformances are given in Article 8 of this Ordinance.
ARTICLE 2
c
Zoning Districts
Section 2.01 Classes and Purposes of Zoning Districts:
2.01.01 RA Rural Agricultural District: The RA Rural Agricultural
District is established as a district in which the principal use of land is
for low density single family residential purposes. The regulations of this
district encourage rural farming activities and the preservation of open
space. The district is designed to promote exurban, low density residential
development not requiring urban services while maintaining prime farm land and
a rural life style.
2.01.02 R-15 Residential District: This District is intended as a
Single-family and two-family residential area with a low population density.
Certain structures and uses of governmental, educational, religious, and
non-commercial recreational natures are either permitted outright or are
subject to special conditions intended to preserve and protect the residential
character of this district.
2.01.03 RM-15 Residential: The purpose of this district is to pro-
vide for the proper location of apartments or multi -family housing. This
district would be most appropriate between commercial and office uses and
single family residential,areas.
' 2.01.04 C-1 Office and Related Commercial District: This district is
intended to be applied to areas undergoing transition from residential to
commercial uses. It is designed to preserve the basic residential character
of these areas and to 'guide transition by permitting commercial uses of
low intensity nature. These uses can be provided for in the form of either
existing or new structures.
' 2.01.05 C-2 General Commercial: This district is intended to include
areas along streets carrying relatively large volumes of traffic where
commercial development has displaced residential development or has grown
' up on vacant lands. Regulations are designed to guide future change, to
minimize the formulation of commercial slums, to preserve the carrying
capacity of streets and to encourage adequate off-street parking and loading
' space. It is not the intent of these regulations to encourage the growth of
commercial strips.
11
i1 3

Section 2.02 Boundaries of Districts:
The boundaries of each zoning district are established as shown on the
map enLiLled 'Official Zoning Map of the Town of Atkinson," which accompanies
and is hereby declared to be•a part of this Ordinance. Unless otherwise
shown on said map, the boundaries of the districts are street centerlines or
lot lines as they existed at the time of the establishment of the boundary
in question. Where uncertainty exists as to the boundaries of any district
shown on said map, the following rules shall apply:
2.02.01: Where a district boundary appears to divide a lot, the
location of such boundary, unless the boundary is indicated by dimensions,
shall be determined by the use of the scale appearing on the map. In the
event that a district boundary line on the zoning map divides a platted
lot held in one ownership on the date of passage of this Ordinance, each
part of the lot so divided shall be used in conformity with the zoning district
in which the part is located.
2.02.02: Regardless of the existence of copies of the Official Zoning
Map which may from time to time be published, the Official Zoning Map shall
be the final authority as to the current zoning status of land, buildings
or other structures within the corporate limits of the Town of Atkinson.
Section 2.03 Permitted Uses in Zoning Districts:
To determine the zoning district in which a particular use is per-
mitted:
1. Find the use in the left column.
2. Read across the chart until either a number or X appears in
one of the columns.
3. If a number appears, the use is permitted in the zone represented
by that column, but only if special conditions are met (see
section 2.04).
4. If X appears in the column, the use is permitted in the zone
represented by that column without being subject to any of the
special conditions listed.
5. A blank space means that the use is not permitted in the zone
represented by the column.
USE ZONING DISTRICT
RA R-15 RM-15 C-1 C-2
A. Residential
Accessory Uses and Structures 1 1 1
Single -Family Dwelling X X X
Two -Family Dwelling (Duplex) X X
Rooming House (Max. 2 apts.) X
Apartments (Multi -family) X
4

RA R-15 RM-15 C-1 C-2
Modular Dwelling X X X
Mobile Home 2 2 2
Home Park
B. Commercial
Accessory Uses and Structures 3 3
Retail Trade Establishments 4
Business Services X X
Finance, Insurance, and Real Estate
Personal Service 5 5
Eating and Drinking Establishments X
Drive —In Restaurants X
Service Stations'and Repair Garages 6
Hotels. Motels X
Motels with Eating Facilities
7
Indoor Commercial Recreation
X
Professional and Business Offices
X
X
Studios and Clinics
X
X
Sales or Service of Office Equipment
X
X
Nursery for Flowers and Plants, Green
Houses 8
8 X
X
C. Industrial
Light Manufacturing and Processing
Warehouses
X
X
'
Junk Yard
Water Storage Tanks X
X X
X
D. Miscellaneous
Public Utility Stations and Substations
9
9
9
9
Public Utility Transmission Lines
10
10
10
10
Churches
X
X
X
X
Private Clubs and Lodges
11
11
X
X
Public Buildings and Grounds
X
X
X
X
Business and Professional Schools
X
X

RA R-15 RM-15 C-1 C-2
Nursing Homes
12
12
Day Care Centers/Day Care Homes
13
13 13 13
Public and Private Elementary
and High Schools X
X
X
Flammable and Combustible
Liquids Storage
14
14 14 14
Agricultural Uses (Farms may conduct
,
retail sales of products produced
on the premises) X
X
X
Home Occupation
15
15
Section 2.04 Special Conditions:
The following special conditions shall be met by the designated uses
listed above according to their particular numerical codes:
1. Accessory structures shall not exceed 15 feet in height and shall
not be permitted within any required front yard or side yard nor
within 5 feet of any lot line.
2. Mobile homes shall adhere to the following conditions: (a) the
foundation shall be double blocked, each double block consisting
of four concrete blocks; (b) over -the -top ties shall be provided
at each corner of the mobile home with two additional ties per
side for homes more than fifty feet long; (c) frame ties are
required in conjunction with each over -the -top tie; (d) ground
anchors for the tie downs shall be provided; (e) underpenning
shall be provided.
3. Accessory structures shall not exceed 15 feet in height and shall
not be permitted within any required front, side, or rear yard,
nor within 5 feet of any lot line.
4: Retail trade, establishments with incidental manufacturing or
processing of goods for sale only at retail on the premises are
permitted providing that not more than five persons shall be
employed in such manufacturing or processing on the premises.
5. Personal service establishments are permitted including funeral
homes, barber and beauty shops, shoe repair shops, dry cleaning,
laundering, etc., with processing on the premises providing that
not more than five persons shall be employed in processing on the
premises.
6. Service stations and repair garages may be permitted only if the

building is limited in size to two single -car service bays, plus
office, sales room, rest rooms and storage.
7. Motels with eating facilities are permitted provided the eating
facilities are intended primarily for the convenience of the motel
patrons, are located in the principal structure of the motel with
the entrances to such facilities oriented toward the interior of
the lot, and the seating capacity shall not exceed two seats for
each motel unit.
8. Greenhouses must be accessory to the residential use of the property
and shall be located at least 25 feet from any side lot line.
9. Public utility stations or substations shall be permitted only if
the use is surrounded by suitable fencing to protect the public.
Utility transmitting or relay stations or towers are permitted
provided that no such station or tower shall be permitted on a site
less than one acre in area and that no site shall have a horizontal
dimension less than twice the height of the tower. In addition, no
radio or other transmission tower which would cause interference to
local radio or television reception, or which would endanger the
public or neighboring property, shall be permitted. In residential
districts, all buildings shall be in character with surrounding
residences. Minor structures, such as hydrants, telephone or light
poles, pole transmitters or transformers, or similar equipment,
shall not be subject to these regulations.
10. Public utility transmission lines shall be permitted only if a
right-of-way of sufficient width shall permit the safe construction
and maintenance of the line and prevent any hazard to surrounding
property. On a one- or two -circuit transmission line, the distance
from the tower base to the nearest boundary of the transmission
line right-of-way shall be no less than 25 feet. On a three- or
four -circuit transmission line, the distance shall be no less than
50 feet. The Board of Aldermen may require suitable fencing or
landscaping of a tower base when, in the opinion of the Board, it
is necessary to protect the public or conserve the values of the
surrounding property. Telephone, electric light and power lines
carrying less than 33,000 volts and usually located along public
highways, or to local underground conduits, cables, gas, sewer and
water mains or pipes are not subject to these special conditions.
11. No building shall be located closer than 25 feet from any side
lot line. .
12. These uses are permitted only if such facilities have a minimum
site area of one acre and no building is located closer than 25
feet to any property line.
13. Day care centers and day care homes are permitted provided that
a fenced play area of not less than 3,000 sq. ft. shall be pro-

vided for 15 children' or less with 200 sq. ft. for each additional
child. No play equipment shall be closer than 20 feet to any
residential lot line.
14. Overground storage of any flammable or combustible liquid in excess
of 500 gallons will be permitted in Commercial zone only. Tanks must
be in compliance with County, State and Federal regulations or guidelineE
15. Home occupations are permitted in the RA and R-15 Residential zones only
they adhere to all of the following restrictions:
(a) the use shall be clearly incidental to the residential
use of the dwelling and shall not change the essential
residential character of the dwelling;
(b) use of the dwelling for the home occupation shall be
limited to twenty—five percent (25%) of one floor of
the principal'building;
(c) no more than one person that is not a resident of the
permises shall be employed in connnection with the home
occupation;
(d) no display of products shall be visible from the street
other than farm products produced on the land in the RA zone.
14

IM M
ARTICLE 3
SCHEDULE OR AREA, HEIGHT, AND PLACEMENT REGULATIONS
ZONING
DISTRICT
MINIMUM LOT
AREA PER
PRINCIPAL
USE IN SQ. FT.
REQUIRED SETBACK LINE
MINIMUM DIMENSIONS
IN FEET
MAXIMUM
HEIGHT
MINIMUM LOT SIZE
FRONT
SIDE
SIDE
REAR
IN FELT
IN STORIES
AREA IN
WIDTH IN
(one
(total
SQ. FT.
FEET
only)
of two)
40
10% of
20% of
50
35
2�
15,000
100
R-15
15,000
Same as
lot
lot
RM-15)
width*'width**
C-1
15,000
20
8*
16*
5
35
2!
15,000
75
C-2
15,000
20
8*
16*
5
35
2�
15,000
75
RA
20,000
40
20
40
30
35
271
20,000
100
*Mandatory only if structure does not meet N.C. State Building Code, Section 716 concerning fire
walls. However, in the case of a corner lot's side lot line adjoining a street, the side yard on
the street side of the corner lot shall be at least 8 feet.'
**No more than 10 feet for each side yard need be provided on an interior lot.

ARTICLE 4
Sign Regulations
Section 4.01 Signs, General:
The regulations contained in this section shall pertain to signs in
all zoning districts.
4.01.01: No signs shall overhang or be erected in any public right-
of-way. Traffic regulation, information or warning signs erected by the
State Department of Transportation or signs erected by the Town of Atkin-
son are exempt.
4.01.02: No sign shall be permitted in the vertical area between
2; feet and 10 feet above the adjacent crown of the road unless the sign
is set back 20 feet or more from the adjacent right-of-way line.
4.01.03: Blinking or flashing incandescent bulbs, spot lights, flood-
lights or similar lights that are in current use by emergency or law enforce-
ment vehicles are prohibited. Exempt are neon or other tubular lights.
Also exempt are traffic regulation, information, and warning signs erected
by the State Department of Transportation or by the Town of Atkinson.
4.01.04: Floodlights for signs must be directed away from any residen-
tial structure and oncoming vehicular traffic on any road, street, or alley.
4.01.05: Off -premises signs are prohibited.
4.01.06: No sign shall be within 10 feet of an adjacent residential
lot line.
Section 4.02 Signs in R-15 and RM-15 Zones:
4.02.01: Permitted'Signs
Identification signs: Not more than 2 signs per principal use and
a combined maximum area of 20 sq. ft.
Home occupation signs: 1 sign and a maximum of 2 sq. ft.; sign must
be mounted flat against a wall of the principal use structure.
Temporary real estate signs: Any number of signs with a combined area
of not more.than 4 sq. ft.; with each 150 ft. of lot line fronting on a
public thoroughfare an additional 4 sq. ft. of sign area is permitted.
4.02.02: Prohibited Signs
Advertising signs
Roof signs

Section 4.03 Signs in C-1 Zories:
4.03.01: Permitted Signs
Identification signs: Not more than 2 signs per principal use not
exceeding a total combined area of 30 sq. ft.
Temporary real estate signs:: 1 or more signs with a total combined
surface area not exceeding 10 sq. ft.
4.03.02: Prohibited Signs
Advertising signs \
Section 4.04 Signs in C-2 Zones:
4.04.01: Permitted Signs
Identification signs: 1 or more signs with a combined surface area
not exceeding 30 sq. ft.
Temporary real estate signs: 1 or more signs with a total combined
surface area not exceeding 10 sq. ft.
Advertising signs: 1 or more signs with a total combined surface
area not exceeding 50 sq. ft.
ARTICLE 5
Off -Street Parking and Loading
Section 5.01 Purpose:
' The purpose of these requirements is to relieve traffic congestion in
the streets, to minimize any detrimental effects of off-street parking and
loading areas on adjacent properties, and to assume a proper and adequate
' development of off-street parking and loading areas throughout the Town and
its environs. These standards are minimum standards and should not be
regarded as optimum standards.
' 5.01.01: There'shall be provided at the time of the 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 space in the amount specified by this ordinance. No off-street
parking or loading shall be permitted in a required yard or open space.
1
I ,

Section 5.02 Schedule of Minimum Off -Street Parking Requirments:
USES MINIMUM REQUIRED OFF-STREET PARKING
Any residential use consisting of 2 parking spaces on the same lot for
one or more dwelling units each dwelling unit
Retail and personal service not 1 space per 300 sq. ft. of gross
otherwise listed floor area
Professional and business offices 1 space per 300 sq. ft. of gross
floor area
Eating and drinking establishments 1 space for each 3 seats plus 1 space
for each employee
Drive-in restaurant 1 space for each 3 seats plus a minimum
of 15 spaces for drive-in service plus
1 space for each employee
Hotels and motels 1 space for each unit plus 1 space for
each employee
Theaters 1 space for each 4 seats plus 1 space
for each employee
Bowling allies 3 spaces per alley plus requirements
for any other use associated with the
establishment, such as a restaurant
Automobile service station
1 space per gasoline pump plus 1
space per service bay
Automobile repair garage
1 space for each 200 sq. ft. of floor
space plus 1 space for each employee
Auto wash
1 space for each 2 employees on shift
of greatest employment plus 1 space
for the manager and spaces equal to 3
times the capacity of the car wash
Financial institutions
1 space for each 300 sq. ft. of floor
space plus 1 space for each employee
Clinics
4 spaces per each doctor, plus 1 space
for each employee
Funeral Homes
1 space for each 40 sq. ft. of floor
space available for seating accommo-
dations.
Churches
1 space for each 4 seats
12

USES
Nursing homes, rest homes, conva-
lescent homes and homes for the
aged
Day care centers and kindergartens
MINIMUM REQUIRED OFF-STREET PARKING
1 space for each 3 patient beds plus
1 per employee on largest shift
1.5 spaces for each 5 pupils or children
Senior high schools, business and 5 spaces for each room used for admin-
professional schools istrative offices or class instruction,
or 1 space for every 5 seats in audi-
toriums and other places of assembly or
facilities available to the public,
whichever is greater
Elementary and junior high schools
Fire stations
Public or private clubs and lodges
Home occupations (medical doctors,
dentists, beauty and barber shops)
Home occupations (other)
3 spaces for each room used for admin-
istrative offices or class instruction,
or 1 space for each 6 seats in audi-
toriums and other places of assembly or
facilities available to the public,
whichever is greater
1 space per each person on duty on a
normal shift
1 space for each 100 sq. ft. of gross
floor area
3 spaces in addition to the residence
requirements
2 spaces in addition to the residence
requirements
*One parking space equals 300 sq. ft. (200 sq. ft. for parking and 100 sq. ft.
for maneuvering)
Section 5.03 General'Provision for Off -Street Parking:
5.03.01: Reqired parking spaces for any number of separate buildings
or uses may be combined in one lot, but the required spaces assigned to one
use may not be assigned to another use at the same time. However, the
required parking spaces for places of assembly may be assigned to parking
spaces that are otherwise assigned to other uses, provided that these parking
spaces are normally used at different times.
5.03.02: Where possible, required parking space shall be located on
I

the same lot on which the principal use is located. Where the required
parking space cannot be located on the same lot on which the principal use
is located, the parking area may be located on a separate lot provided that:
1) no required parking space shall be more than three hundred (300) feet
from the principal use which it serves; 2) if the principal use is of a
commercial nature the parking space shall not be located in an RM-15 or
R-15 Residential District'; and 3) the parking space shall be in the same
ownership as the principal use.
5.03.03: Each application for a Building Permit or Certificate of
Occupancy shall include information as to the location and dimensions of
off-street parking and loading space and the means of ingress and egress
between such space and a street or alley.
Section 5.04 Schedule of Minimum Off -Street Loading Requirements:
USES
MINIMUM REQUIRED OFF-STREET LOADING
Retail stores, all types, service One space for the first 4,000 sq. ft.
business establishments, restaurants of floor area used for business pur-
and other places serving food and poses, and 1 additional space for each
beverages 30,000 sq. ft. in excess of 4,000 sq. ft.
Wholesaling Establishments One space for the first 10,000 sq. ft.
of floor area used for such purposes
and 1 additional space for each 30,000
sq. ft. in excess of 10,000 sq. ft.
Section 5.05 General Provisions for Off -Street Loading:
Off-street loading space shall be located on the same lot on which the
principal use is located.
ARTICLE 6
Administrative and Legal Provisions
Section 6.01 Administration of the Zoning Ordinance:
The Building Inspector of the Town of Atkinson is hereby authorized,
and it shall be his duty, to administer and enforce the provisions of this
Ordinance. Appeal from a decision of the Building Inspector may be made to
the Board of Adjustment as provided in Article .7.
1A

I�
' Section 6.02 Building Permits:
' 6.02.01: Before commencing the construction, erection, repair,
alteration, addition to, removal, moving or demolishing of any building or
structure or part thereof, or before commencing any excavation for such
' building or structure, or before erecting, repairing or repainting any
sign (except where specifically authorized by this Ordinance), a building
permit for the same shall be secured from the Building Inspector.
' 6.02.02: The Building Inspector shall not issue a building permit
unless the plans, specifications and intended use of such building,
structure, land or part thereof conform in all respects to the provisions
' of this Ordinance. The application for a building permit shall be
accompanied by such information as the Building Inspector may require to
enable him to act upon such application. In cases where an appeal is filed
' by the applicant, or where.he applies for a variance, the Building Inspector
shall forthwith transmit all of the papers pertaining to the application to
the Board of Adjustment for its action.
' Section 6.03 Certificates of Occupancy:
After the effective date of this Ordinance, it shall be unlawful to
' change or commence the use of any building or land, except the use of land
for agricultural purposes, until a certificate of occupancy shall have been
issued by the Building Inspector stating that the proposed use complies with
the provisions of this Ordinance.
Section 6.04 Determination of Exact Location of Zoning District Boundary Lines:
' The Building Inspector shall decide the exact location of zoning
district boundary lines when a question arises concerning boundary lines
shown on zoning maps, subject to administrative review by the Board of
' Adjustment.
Section 6.05 Buildinn Permit Issued Prior to Adoption of this Ordinance:
' Nothing herein contained shall require any change in the plans, con—
struction, size or designated use of any building, structure, or part thereof
for which a building permit had been granted by the Building Inspector
' before the time of passage of this Ordinance; provided, however, that where
construction is not begun under such outstanding permit within a period of
60 days subsequent to passage of this Ordinance or where it has not been
' prosecuted to completion within 18 months subsequent to passage of this
Ordinance, any further construction or use shall be in conformity with the
provisions of this Ordinance.
' Section 6.06 Changes and Amendments:
The Town Council may, on its own motion or upon petition, after public
' notice and hearing, amend, supplement, change, modify or repeal the regula—
tions or maps herein or subsequently established, subject to the rules and
1

I
1
procedures established by law and more specifically established in the
following subsections:
6.06.01: No regulation or map shall be amended, supplemented, changed,
modified or repealed until after a public hearing, at which time parties in
interest and citizens shall have an opportunity to be heard. A notice of
such public hearing shall be given once a week for two consecutive calendar
weeks in a newspaper of general circulation in Pender County. The first
such publication shall be not less than fifteen days preceding the date set
for such public hearing. Such public hearing may be adjourned from time to
time or from place to place as the Board of Aldermen may deem desirable.
'
6.06.02: The Board of Aldermen shall not take action on a proposal to
amend the Ordinance until a recommendation has been received from the
Planning Board, provided that, if the Planning Board does not submit a
recommendation within sixty (60) days from the date the proposed amendment is
'
first considered by the ,Planning Board, the Board of Aldermen may take action.
The Board of Aldermen shall state its reasons for any action taken and shall
maintain a permanent record of all such actions.
'
6.06.03: In case, however, of a protest against such proposal, duly
signed by the owners of twenty percent 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 100 feet
from the street frontage of such opposite lots, such amendment shall not
become effective except by favorable vote of three —fourths of all the members
'
of the Board of Aldermen.
6.06.04: All applications for amending the zoning ordinance or map
'
shall be submitted in duplicate to the Building Inspector on forms supplied
by the Building Inspector.
6.06.05: There shall be a fee payable to the Town of Atkinson for each
'
application for rezoning. The amount of said fee shall be fixed by the Board
of Aldermen, and shall be sufficient to defray all administrative costs
incurred in processing the application, notifying adjacent property owners,
obtaining technical assistance and publishing the notice of public hearing.
6.06.06: No such proposed change in the zoning ordinance or map, if
'
denied by action of the Board of Aldermen, may be resubmitted within a period
of one year from the date of such denial by the Board of Aldermen, unless
the Board of Aldermen shall unanimously find that changing conditions in the
area or new information concerning the property requested for rezoning
warrant a resubmission for change in the zoning ordinance or map.
' Section 6.07 Interpretation, Purpose and Conflict:
In interpreting and applying the provisions of this Ordinance, they
' shall be held to be the minimum requirements for the promotion of the public
I
1 16

safety, health, convenience,,prosperity, and general welfare. It is not
intended by this Ordinance to interfere with or abrogate or annul any
' easements, covenants, or other agreements between parties, provided, however,
that where this Ordinance imposes a greater restriction upon the use of
buildings or premises or upon the height of buildings, or requires larger
' open spaces than are imposed or required by other ordinances, rules, regula—
tions or by easements, covenants or agreements, the provisions of this
Ordinance shall govern.
' Section 6.08 Separability:
'
Should any article, section, subsection, paragraph, sentence, clause,
phrase, or district boundary of this Ordinance and/or the zoning map which
is a part of this Ordinance herein or hereafter adopted be decided by the
courts to be unconstitutional or invalid, such decision shall not affect
'
the validity of these regulations and the zoning map as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
The Board of Aldermen hereby declares that it would have adopted this
Ordinance and Zoning Map, irrespective of the fact that any one or more
'
articles, sections, subsections, paragraphs, sentences, clauses, phrases
or district boundaries be declared unconstitutional or invalid.
Section 6.09 Penalty:
1
I
Any person, firm or corporation who violates any provisions of this Ordinance
shall, upon conviction, be guilty of a misdemeanor, and shall be fined not
exceeding fifty dollars or imprisoned not exceeding thirty days. Each day
that a violation continues to exist shall be considered to be a separate
offense, provided the violation is not corrected within thirty days after
notice of the violation has been given.
Section 6.10 Effective Date:
This Ordinance, including the Zoning Map, shall take effect from and
after the date of its adoption by the Board of Aldermen.
Section 7.01 Board of
ARTICLE 7
Board of Adjustment
Created:
A Board of Adjustment is hereby created. The word "Board" when used
in this Article shall be construed to mean the Board of Adjustment.

Section 7.02 Number of Members; Appointments:
The Board shall consist of four members. The members shall be citizens
and residents of the Town of Atkinson, and shall be appointed by the Board of
Aldermen.
Section 7.03 Length of Terms:
Each member shall be appointed for a term of three years.
Section 7.04 Vacancies:
Vacancies occurring for reasons other than expiration of terms shall
be filled as they occur for the period of the unexpired term.
Section 7.05 Compensation:
The members of the Board shall receive no compensation for their
services.
Section 7.06 Officers, Rules and Regulations:
The Board shall elect such officers, and adopt such rules and regulations
for its own government as it deems necessary to carry out the provisions of
this article.. A complete listing of all officers, terms of office, rules
and regulations shall be maintained for public record by the Secretary of
the Board and a copy of which shall be kept on file.
Section 7.07 Conduct of Meetings:
All hearings of the Board shall be open to the public. The Board shall
keep minutes of its proceedings, showing the vote of each member upon each
question, and the absence or failure of any member to vote, and a copy of
the minutes shall be maintained on file for public record.
Section 7.08 Disposition of Appeals:
The final disposition of each appeal shall be by recorded resolution
indicating the reasons of the Board therefore based on findings of fact and
conclusions of law, all of which shall be a public record.
Section 7.09 Appeals From Decisions of the Building Inspector:
An appeal from the decisions of the Building Inspector may be taken to

the Board of Adjustment by any person aggrieved, or by any officer, depart—
ment, board or bureau of the Town affected by such decision. Such appeal
shall be taken within a reasonable time as provided by the rules of the
Board by filing with the Building Inspector and with the Board of Adjustment
a notice of appeal specifying the grounds thereof. The Building Inspector
shall transmit to the Board all the papers constituting the record upon
which the appeal was based on.
Section 7.10 Powers of the Board of Adjustments:
The Board shall have the following powers:
7.10.01 To Hear Appeals: To hear and decide appeals where it is
alleged that there is error in any order, requirement, decision or
determination made by the Building Inspector. A unanimous vote of the
Board shall be necessary, to reverse any order, requirment, decision, or
determination of the Building Inspector.
7.10.02 To Authorize Variances: To authorize upon appeal in
specific cases such variance from the terms of this Ordinance as will not be
contrary to the public interest where, owing to special conditions, a
literal enforcement of the provisions of this Ordinance will result in
undue hardship, and so that the spirit of this Ordinance shall be observed
and substantial justice done.
In considering all proposed variances to this Ordinance, the Board
shall, before making any finding on a specific case, first determine that
the proposed variance will not allow the establishment of a use not other—
wise permitted in a district by this Ordinance; extend in area or expand a
nonconforming use of land; change the district boundaries shown on the
zoning map; impair any adequate supply of light and air to adjacent property;
materially increase the public danger of fire; materially diminish or impair
established property values within the surrounding area; or in any other
respect impair the public health, safety, morals, and general welfare.
In granting a variance the Board may attach thereto such conditions
regarding the location, character, and other features of the proposed
building, structure, or use as it may deem advisable in furtherance of
the purpose of this Ordinance.
Before a variance is granted, it shall be shown that special circum—
stances attach to the property which do not generally apply to other property
in the neighborhood. A variance may be granted only when the practical
difficulty or undue hardship complained of is due to the particular charac—
teristics of the property and not to the general conditions of the neighbor—
hood which may reflect an undue stringency of the Ordinance itself. A
hardship peculiar to the applicant, as distinguished from others affected
by the general rule, must be shown. The fact that property may be utilized
more profitably will not be considered adequate to justify the Board in
granting a variance.
.

Section 7.11 Re -hearing:
The Board shall refuse to hear an appeal or application previously
denied, if it finds there have been no substantial changes in conditions
or circumstances bearing on the appeal or application.
ARTICLE 8
Non -Conformances
Section 8.01 Purpose and Intent:
If, within the districts established by this Ordinance, or by amend-
ments that may later be adopted, there exist lots, structures, and use of
land and structures which were lawful before this Ordinance was passed or
amended, but which would be prohibited under the terms of this Ordinance,
it is the intent of this Ordinance to permit these non -conformances to
continue until they are removed (except signs, which are provided for below),
but not to encourage their continuance. Such non -conformances are declared
by this Ordinance to be incompatible with permitted uses in the districts
in which they are located.
It is further the intent of this Ordinance that non -conformances
shall not be enlarged upon, expanded or extended, or used as grounds for
adding other structures, or uses prohibited elsewhere in the same district.
Section 8.02 Non -Conforming Lots of Record:
In any district in which single-family dwellings are permitted, not-
withstanding limitations imposed by the other provisions of this Ordinance,
a single-family dwelling and customary accessory buildings may be erected
on any single lot which was recorded prior to the date it became legally
non -conforming. Such lot must be in separate ownership. This provision
shall apply even though such lot fails to meet the requirements for area or
width, or both, that are generally applicable in the district, provided
that yard dimensions and other requirements not involving area or width, or
both, of lot, shall conform to the regulations for the district in which
such lot is located., Variance of area, width, and yard requirements shall
be obtained only.through action of the Board of Adjustment.
If two or more lots or combination of lots and portions of lots
with continuous frontage in single ownership, are of record at the time
of passage or amendment of this Ordinance, and if all or part of the lots
do not meet at least eighty percent (80%) of the requirements for lot width
and area for the zone in which they are located, as established by this
Ordinance, the land involved shall be considered to be an undivided parcel
20

for the purpose of this Ordinance, and no portion of said parcel shall be
used or sold which does not meet width and area requirements established
by this Ordinance, nor shall any division of the parcel be made which leaves
remaining any lot with width or area below the requirements stated in this
Ordinance.
Section 8.03 Non -conforming Uses of Structures:
This category of non -conformances consists of structures used, at the
time of passage of this Ordinance, for purposes not pemmtted in the district
in which they are located.
8.03.01: A non -conforming use of a structure may be changed to a
conforming use.
8.03.02: A non -conforming use of a structure shall not be changed to
another non -conforming use.
8.03.03: When a non -conforming use of a structure has been changed to
t
a conforming use, it shall not thereafter be used for any non -conforming use.
8.03.04: A non -conforming use of a structure shall not be extended or
'
enlarged except into portions of the structure which, at the time the use
became non -conforming, were already erected and arranged or designed for
such nonconforming use. No structural alterations shall be made in any
structure occupied by a non -conforming use, except those required by law
'
or ordinance or ordered by the Building Inspector to secure the safety of
the structure.
'
8.03.05: When any non -conforming use of a structure is discontinued
for a period in excess of one year, any future use of the structure shall
be limited to those uses permitted in that district under the provisions of
this Ordinance. Vacancy and/or non-use of the building, regardless of the
'
intent of the owner or tenant, shall constitute discontinuance under this
provision. I
ISection
8.04 Non -Conforming Structures:
'
Where a lawful structure exists at the effective date of adoption or
amendment of this Ordinance that could not be built under the terms of this
Ordinance by reason of restrictions on area, lot coverage, height, yards,
or other characteristics of the structure or its location on the lot, such
'
structure may be continued so long as it remains otherwise lawful, subject
to the following provisions:
'
8.04.01: No such structure may be enlarged or altered in a way which
increases its non -conformity.
'
8.04.02: Should such a structure be moved for any reason for any dis-
tance whatever it shall hereafter conform to the regulations for the dis-
trict in which it is located after it is moved.
'
21

U
H
Section 8.05 Repairs and Maintenance:
On any structure on a non -conforming lot, a structure containing a
non -conforming use, or a non -conforming structure, work may be done in any
period of 12 consecutive months on ordinary repairs, or on repair or
replacement of non -bearing walls, fixtures, wiring or plumbing, to an
extent not exceeding 10 percent of the current replacement value of the
buildings, provided that the cubical content of the building as it existed
at the time of passage or amendment of this Ordinance shall not be increased.
Should such building or structure be destroyed by any means to an extent
of more than 50 percent of its replacement cost or bulk, exclusive of
foundation and land value, it shall not be reconstructed except in conformity
with the provisions of this Ordinance.
Nothing in this Ordinance shall be deemed to prevent the strengthen-
ing or restoring to.a safe condition of any building or part thereof de-
clared to be unsafe by any town official charged with protecting the
public safety, upon order of such official.
Section 8.06 Non -Conforming Signs:
8.06.01: All signs that do not comply with the requirements of this
Ordinance shall not be replaced with new non -conforming signs and shall
be removed within three years from the effective date of this Ordinance.
Section 8.07 Non -Conformances Created by Changes in Zoning Boundaries
or Regulations•
Any non -conformances created by a change in district boundaries or
ordinance regulations after the date of passage of this Ordinance shall
also be governed by the provisions of this section.
1
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ARTICLE 9
DEFINITIONS
Section
9.01 Words and Phrases:
For
the purpose of this Ordinance, the use of the present tense
shall be
interpreted to mean the future tense also; the singular number
shall include
the plural number; the plural number shall include the
singular
number, unless the natural construction of the wording indicates
'
otherwise;
the word "shall" is mandatory, and the word "may" is
permissive.
'
Section
9.02 Definitions:
For
the purpose of this Ordinance, certain words and terms are
'
defined
as herein indicated:
(1)
Accessory Structure. A detached, subordinate structure, the
use of which is clearly incidental and related to that of the
principal structure or use of the land, and which is located
'
on the same lot as that of the principal structure or use.
(2)
Advertising Sign. A sign which directs attention to a business,
'
profession, commodity, service or entertainment conducted,
sold or offered upon the premises.
'
(3)
Auto wash. A structure or portions thereof the principal
use of which is the washing of automobiles or other motor
vehicules.
'
(4)
Building. A structure having a roof supported by columns
or wall8,for the housing or enclosure of persons, animals
or goods.
(5)
Building Height, The vertical distance measured from the
average elevation of the finished lot grade at the front
building line to the highest point of the roof bears adjacent.
to the front of the wall in the case of a flat roof, to the
average height of the gables in the case of a pitched roof,
'
and to the deck line in the case of a mansard roof.
(6)
Corner Lot. A lot at the junction of and abutting upon two
'
or more streets.
(7)
Day Care Center. An agency, organization or individual
providing daytime care of children not related by blood or
marriage to, or not the legal wards or foster children of,
the attendant adult at (a) any place other than an occupied
dwelling in which the occupant provides day care or at,
(b) any place which provides care to more than fifteen (15)
'
children.

(3)
Day Care !tome. An occupied dwelling in which the occupant
provides daytime caKe of six (6) to fifteen (15) children
'
not related by blood"or marriage to, or not the legal wards
or foster children of, the attendant adult.
'
(9)
Drive-Ih Restaurant. Establishment designed, in whole or in
part, to cater to or accommodate the consumption of food and/
or beverage in automobiles on the premises of such establishment.
'
(10)
Dwelling Unit. An enclosure of one or more rooms and separate
bathroom and kitchen facilities designed and constructed as a
'
unit for permanent residential occupancy by one family.
(11)
Family. One or more persons occupying a premises and living
as a single housekeeping unit, as distinguished from a
'
group occupying a boarding house, lodging house, or hotel.
(12) Flammable and Combustible Liquids. Liquids which will ignite
' easily and burg freely.
(13) Front Yard. A yard across the full width of the- lot, extending
from the front line of the nearest building on the lot to the
front line of the lot.
(14)
Gross Floor Area. For purpose of computing off-street parking
t
requirements in this Ordinance, the total floor area enclosed
within a building, including interior balconies and Mezzaines
exclusive of stairways and elevator shafts.
'
(15)
lfome Occupation. A use conducted entirely within a dwelling
and carried on by the occupants thereof, which use is clearly
incidental and secondary to the use of the dwelling for
'
dwelling purposes.
(16)
Identification sign. A sign, used to identify only: the name
of the individual, family, organization or enterprise occupying
'
premises; the profession of the occupant; the name of the
building on which the sign is displayed.
(17)
Junk Yard. A lot, land or structure or part thereof, used
primarily for the collecting, processing, storage or sale of
salvage paper, rags, rubber, glass, scrap metal, lumber or
'
other building materials, or for the dismantling, storing,
and salvaging of machinery or vehicles or for the sale of
parts thereof.
'
(18)
Lot. A parcel of land or any combination of several lots;
occupied or intended to be occupied by a principal building
or a building group as permitted herein, together with their
accessory buildings or uses, and such access, yards and other
open spaces required under this Ordinance.
' (19) Lot Width. The distance between the side lot lines, measured
along the setback line as established by this ordinance, or
if no setback line is established, the distance between the
' side lot lines mear-+ 1 along the street line.
1 'tI

(20) Mobile come. A movable or portable dwelling over thirty-
two (32) fact in length and over eight (8) feet wide, constructed
to be transported' -On its own chassis and designed without a
permanent foundation, whether or not a permanent foundation
is subsequently provided, which includes one or more
components that can be retracted for transporting purposes
and subsequently expanded for additional capacity, or two
(2) or more unitsseparately transportable but designed to
be joined into one integral unit, as well as a portable
dwelling composed of a single unit.
(21) Mobile Home Park. A parcel or tract of land under single
ownership which has been planned and improved for the
placement of mobile homes for dwelling purposes.
(22) Modular Dwelling. A movable or portable dwelling constructed
to be tranported as a unit and designed to be placed upon a
permanent foundation.
(23) Multi-Family"Dwelling. A building or portion thereof used
or designed as a residence for three or more families living
independently of each other and doing their own cooking
therein, including apartments, apartment hotels, and group
houses.
(24) Nursing Home. A home for persons aged, ill, or handicapped,
in which two or more persons not of the immediate family of
the owner or manager of said home are provided with food,
shelter, and nursing care. The term "nursing home" includes
' "sanitarium", "home for the blind","rest home", or any
similar establishment.
(25) Principal Structure or Building. A structure or building
containing the principal use of the lot.
(26) Principal Use. The primary purpose or function that a'lot
serves or is intended to serve.
(27) Rear Yard. An open space including driveways and parking
areas, unoccupied other than by permitted accessory buildings
or uses, extending from the rear building line of a principal
building to the rear lot line, between the side building
lines, projecting to the rear lot line.
(28) Repair Garage. A garage in which machinery operated by
mechanical power is installed which is designed for making
major repairs to motor vehicules.
(29) Roof Sign. A sign erected, constructed, or maintained upon
the roof of any building.
(30) Service Station. Establishment used for the servicing of
' automobiles, including the sale of gasoline, oil, grease,
and minor accessories and washing and polishing, but
excluding the sale of automobiles, body repairing, major
25

motor repairing, and painting.
,31) Setback. The distance between a street line and the front
building line of a principal building or structure, projected
to side lines of the lot.
(32) Side Yard. An open, unoccupied space including driveways,
and parking areas between the side lot line anithe building
line, extending from the required setback to the required
rear yard.
(33) Sign. Any surface, fabric or device bearing lettered,
pictorial or sculptured matter designed to convey information
visually and exposed to public view, or any structures,
including billboard or poster panel, designed to carry the
above visual information.
(34) Sign Area. The area of a sign composed in whole or in part
of free standing letters, devices or sculptured matter not
mounted on a measurable surface shall be construed to be the
area of the smallest square, rectangle or circle that will
enclose the letters, devices and/or sculptured matter. The
area of a double-faced sign shall be the area of one face
of the sign.
(35) Single -Family Dwelling. A building designed, constructed and
used for one dwelling unit.
(36) Story. That part of a building or structure above ground
level between a floor and the floor or roof next above.
(37) Street. A public right-of-way set aside for public travel
not less than thrity feet in width.
(38) Street Line. A dividing line between a lot and a street
right-of-way.
(39) Temporary Real Estate Sign. A sign located on the premises
and offering said premises for sale, rent, lease, or develop-
ment.
(40) Two -Family. Dwelling or Duplex. A building designed, constructed
or reconstructed and used for two dwelling units that are
connected by a common structural or load -bearing wall of at
least ten lineal feet with any other dwelling unit on the same
floor or building level.
(41) warehouse. A building where wares, or goods, are stored, as
before distribution to retailers, or are kept in reserve, in
bond, etc.
26