Zoning Ordinance-2001

t.
F A41,
M
1 E DCM COPY DCM COPY
_0
rrn Please do not remove!!!!! • ,
D w
D N Division of Coastal Management
1 � o DU TOWN OF ATKI_NSON, ,
1 � NORTH CA,ROLINA
1 ZONING ORDINANCE y
aAdopted'by the Atkinson Board of Aldermen: February 1, 2001
1 Prepared By:
Holland Consulting Planners, Inc.
1 Wilmington, North Carolina
The preparation of this document was financed in part through a grant provided, by the North
Carolina Coastal Management Program, through funds provided by the Coastal Zone
1 Management Act, of 1972, as amended, which is administered by the Office of Ocean and ,
Coastal Resource Management, National Oceanic and Atmospheric Administration.
r

TOWN OF ATKINSON,
NORTH CAROLINA
ZONING ORDINANCE
Adopted by the Atkinson Board of Aldermen: February 1, 2001
Prepared By:
Holland Consulting Planners, Inc.
Wilmington, North Carolina
The preparation of this document was financed in part through a grant provided by the North
Carolina Coastal Management Program, through funds provided by the Coastal Zone
Management Act of 1972, as amended, which is administered by the Office of Ocean and
Coastal Resource Management, National Oceanic and Atmospheric Administration.

' ATKINSON ZONING ORDINANCE
'
TABLE OF CONTENTS
PAGE
'
SECTION
1. AUTHORITY AND ENACTMENT ..............................
1
1.1
Authority.......................................................
1
'
1.2
Title..........................................................
1
1.3
Purpose.......................................................
1
'
1.4
Intent.........................................................
1
1.5
Interpretation...................................................
2
1.6
Jurisdiction.....................................................
2
'
1.7
Effective Date ..................................................
3
1.8
Relationship to Existing Zoning and Subdivision Ordinances ..............
3
1.9
No Use or Sale of Land or Buildings Except in Conformity with
'
Chapter Provisions ...............................................
3
1.10
Fees..........................................................
3
'
1.11
Severab....................................................
4
1.12
Computation
Computation of Time
4
'
SECTION 2. GENERAL PROVISIONS ....................................
5
2.1
Introduction....................................................
5
'
2.2
2.3
Jurisdiction...................
.................
Application of District Regulations .................
5
5
2.4
Provision for Official Zoning Map ....................................
6
2.5
Replacement of Official Zoning Map .................................
6
'
2.6
Rules for Interpretation of District Boundaries ..........................
6
SECTION 3. DEFINITIONS ...............:.............................
8
3.1
General.......................................................
8
3.2
3.3
Tense and Number ..............................................
Word Interpretations .............................................
8
8
3.4
Definitions.....................................................
8
SECTION
4. ESTABLISHMENT OF JURISDICTION ........................
21
4.1
Locations and Boundaries of Districts ...............................
21
'
4.2
Classes and Purposes of Zoning Districts ............................
21
' SECTION 5. APPLICATION OF GENERAL REGULATIONS .................. 23
5.1 Use ......................................................... 23
5.2 Only One Main Building, One Main Use on Lot,
' and Orientation of a Building ...................................... 23
11

PAGE '
5.3 Minimum Yards ................................................ 23
5.4 Lot Subdivision ................................................. 23
5.5 Improvements Bond ............................................. 23
SECTION 6. PERMITTED USES IN ZONING DISTRICTS .................... 24
6.1 To Determine the Zoning District in Which A Particular Use is Permitted .... 24
6.2 Notes to the Table of Permitted Uses ............................... 27
SECTION 7. TABLE OF YARD, AREA, AND HEIGHT REQUIREMENTS ........ 30
SECTION 8. PLANNED BUILDING GROUP REGULATIONS ................. 31
8.1 Planned Building Group Regulations for Apartments and Condominiums .... 31
8.2 Manufactured Home Park Regulations .............................. 33
SECTION 9. SIGN REGULATIONS ..................................... 41
9.1 Signs, General ................................................. 41
9.2 Signs in R-15 and RM-15 Zones ................................... 41
9.3 Signs in C-1 Zones ............................................. 42
9.4 Signs in C-2 zones .............................................. 42
9.5 Off -Premises Signs ............................................. 42
SECTION 10. OFF-STREET PARKING AND OFF-STREET
LOADING REQUIREMENTS ............................... 45
10.1 Exemptions ................................................... 45
10.2 General ...................................................... 45
10.3 Minimum Parking Requirements ................................... 46
10.4 Driveways .................................................... 50
SECTION 11. TELECOMMUNICATION TOWER REGULATIONS ............. 51
11.1 Purpose ...................................................... 51
11.2 Applicability................................................... 51
11.3 Where Permitted ............................................... 51
11.4 Type of Tower ................................................. 51
11.5 Co -Location and Height Stipulations ................................ 51
11.6 Supplement Use of Towers ....................................... 52
11.7 Old Towers and Advanced Technology .............................. 52
11.8 Power Output .................................................. 52
11.9 Periodic Review of Permits ..................................... 52
11.10 Setbacks ..................................................... 53
t
[1
1
1
t
1

F
1
PAGE
SECTION 12. VESTED RIGHT PROVISIONS .............................
'
12.1
Purpose ......................................................
12.2
Establishment of a Zoning Vested Right .............................
12.3
Approval Procedures and Approval Authority .........................
12.4
Duration......................................................
12.5
Termination...................................................
'
12.6
Voluntary Annexation ............................................
12.7
Limitations....................................................
12.9
Repealer
'
12.
Effective Date .................................................
ate
' SECTION 13. NONCONFORMING SITUATIONS ...........................
13.1 Continuation of Nonconforming Situations and Completion of
' Nonconforming Projects ..........................................
13.2 Nonconforming Lots .............................................
13.3 Extension or Enlargement of Nonconforming Situations .................
13.4 Change in Kind of Nonconforming Use ..............................
13.5 Abandonment or Discontinuance of Nonconforming Situations ............
13.6 Completion of Nonconforming Projects ..............................
11
E
1
1
SECTION 14. ADMINISTRATIVE AND LEGAL PROVISIONS .................
14.1 Administration of the Zoning Ordinance ..............................
14.2 Building Permits ................................................
14.3 Certificates of Occupancy ........................................
14.4 Determination of Exact Location of Zoning District Boundary Lines ........
14.5 Building Permit Issued Prior to Adoption of this Ordinance ...............
14.6 Changes and Amendments .......................................
14.7 Interpretation, Purpose and Conflict ................................
14.8 Separability ....................................................
14.9 Penalty.......................................................
14.10 Effective Date ..................................................
SECTION 15. BOARD OF ADJUSTMENT ................................
15.1 Board of Adjustment Created .....................................
15.2 Number of Members; Appointments ................................
15.3 Length of Terms ................................................
15.4 Vacancies ....................................................
15.5 Compensation .................................................
15.6 Officers, Rules, and Regulations ...................................
15.7 Conduct of Meetings ............................................
15.8 Disposition of Appeals ...........................................
54
54
54
54
55
56
57
57
57
57
Fj
58
58
58
61
61
62
65
65
65
65
65
66
66
67
67
68
68
69
69
69
69
69
69
69
69
70
1

PAGE '
15.9 Appeals From Decisions of the Building Inspector ...................... 70 ,
15.10 Powers of the Board of Adjustment ................................. 70
15.11 Re -hearing .................................................... 71
I
1
iv '

SECTION 1. AUTHORITY AND ENACTMENT
1.1 Authority
This Ordinance is adopted under the authority granted by Chapter 160A, Article 19, Part3
of the North Carolina General Statutes and Amendments thereto. The Board of Aldermen
of Atkinson, North Carolina, do ordain as follows.
1.2 Title
This Ordinance shall be known as, referred to, and cited as the "ZONING ORDINANCE,
ATKINSON, NORTH CAROLINA" and hereinafter referred to as the "Ordinance."
1.3 Purpose
The purpose of this Ordinance is to promote the health, safety, morals, and general welfare
of Atkinson, North Carolina.
1.4 Intent
It is the general intent of this Ordinance to:
(1) Regulate and restrict the use of all structures and lands within the town limits
of Atkinson.
(2) Regulate and restrict lot coverage, population density and distribution, and
the location and size of all structures within the town limits of Atkinson.
(3) Implement the town Land Use Plan prepared in accordance with the Coastal
Area Management Act of 1974 and adopted by the town so as to:
(a) Secure safety from fire, flooding, panic and other dangers;
(b) Provide adequate light, air, sanitation, drainage;
(c) Further the appropriate use of land, and conservation of natural
resources;
(d) Obtain the wise use, conservation, development, and protection of the
community's water, soil, woodland, and wildlife resources and attain
a balance between land uses and the ability of the natural resource
base to support and sustain such uses;
1

(e) Prevent overcrowding, and avoid undue population concentration and
urban sprawl;
(f) Stabilize and protect the natural beauty and property values;
(g) Lessen congestion in and promote the safety and efficiency of the
streets and highways;
(h) Facilitate the adequate provision of public facilities and utilities;
(i) Preserve natural growth and cover and promote the natural beauty of
the community.
1.5 Interpretation
In interpreting and applying the provisions of this Ordinance, those provisions shall be held
to be the minimum requirements for the promotion of the public 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,
regulations, or by easements, covenants or agreements, the provisions of this Ordinance
shall govern. Likewise, where other ordinances, easements, covenants or other
agreements impose additional or greater restrictions than those regulations set forth
herein, the more restrictive regulations shall have precedence.
1.6 Jurisdiction
(1) This Ordinance shall be effective throughoutthe town's planning jurisdiction.
The town's planning jurisdiction comprises the area within the corporate
boundaries of the town described on the Town's Official Zoning Map adopted
by the Board of Aldermen on February 1, 2001. Such planning jurisdiction
may be modified from time to time in accordance with N.C.G.S. 160A-360.
(2) In addition to other locations required by law, a copy of a map showing the
boundaries of the town's planning jurisdiction shall be available for public
inspection in the Town of Atkinson Town Hall.
2

' 1.7 Effective Date
' The provisions in this Ordinance were originally adopted and became effective on
February 1, 2001.
' 1.8 Relationship to Existing Zoning and Subdivision Ordinances
' To the extent that the provisions of this chapter are the same in substance as the
previously adopted provisions that they replace the town's existing zoning and subdivision
ordinances, they shall be considered as continuations thereof and not as new enactments
t unless otherwise specifically provided. In particular, a situation that did not constitute a
lawful, nonconforming situation under the previously adopted zoning ordinance does not
achieve lawful nonconforming status under this chapter merely by the repeal of the zoning
' ordinance.
' 1.9 No Use or Sale of Land or Buildings Except in Conformity With Chapter
Provisions
' (1) Subject to Section 13 of this Ordinance (Nonconforming Situations), no
person may use, occupy, or sell any land or buildings or authorize or permit
the use, occupancy, or, sale of land or buildings under his control for any
' purpose not in accordance with all of the applicable provisions of this
Ordinance.
1]
11
1
(2) For purposes of this section, the "use" or "occupancy" of a building or land
relates to anything and everything that is done to, on, or in that building or
land.
1.10 Fees
(1) Reasonable fees sufficient to cover the costs of administration, inspection,
publication of notice and similar matters may be charged to applicants for
zoning permits, sign permits, conditional -use permits, zoning amendments,
variances and other administrative relief. The amount of the fees charged
shall be as set forth in the Town of Atkinson Schedule of Fees.
(2) Fees established in accordance with Subsection (1) shall be paid upon
submission of a signed application or notice of appeal.
3

11
1.11 Severability
It is hereby declared to be the intention of the Board of Aldermen that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any
such section, paragraph, sentence, clause, or phrase is declared unconstitutional or
otherwise invalid by any courtof competent jurisdiction in a valid judgment or decree, such
unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs,
sentences, clauses, or phrases of this Ordinance since the same would have been enacted
without the incorporation into this Ordinance of such unconstitutional or invalid section,
paragraph, sentence, clause, or phrase.
1.12 Computation of Time
(1) Unless otherwise specifically provided, the time within which an act is to be
done shall be computed by excluding the first and including the last day. If
the last day is a Saturday, Sunday, or legal holiday, that day shall be
excluded. When the period of time prescribed is less than seven days,
intermediate Saturdays, Sundays, and holidays shall be excluded.
(2) Unless otherwise specifically provided, whenever a person has the right or
is required to do some act within a prescribed period after the service of a
notice or other paper upon him and the notice or paper is served by mail,
three days shall be added to the prescribed period.
1
1
1
i
1
1
D
1
i
1
1
i
1
1
i
1
1
0
1

I
Fl
11
SECTION 2. GENERAL PROVISIONS
2.1 Introduction
The proper regulation of the use of certain structures, lands and water, only through the
use of the zoning districts contained within this Ordinance, is neither feasible nor adequate.
Therefore, the following restrictions and regulations, which shall be applied in addition to
the district regulations, are necessary to accomplish the intent of this Ordinance.
2.2 Jurisdiction
The provisions of this Ordinance will apply to all structures, land, water, and air within the
Town of Atkinson, North Carolina.
2.3 Application of District Regulations
The regulations set by this Ordinance within each district shall be minimum regulations and
shall apply uniformly to each class or kind of structure or land, except as hereinafter
provided.
(1) No building, structure, or land shall hereafter be used or occupied, and no
building or structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved, or structurally altered except in conformity with all of
the regulations herein specified for the district in which it is located.
(2) The minimum yards, and other open spaces, including the intensity of use
provisions contained in this Ordinance, for every building hereafter erected
or structurally altered, shall not be encroached upon or considered as yard,
open space requirements, or intensity of use requirements for any other
building unless specifically permitted.
(3) No part of a yard or other open space required about or in connection with
any building for the purpose of complying with this Ordinance, shall be
included as part of a yard or open space similarly required for any other
building.
(4) No yard or lot existing at the time of passage of this Ordinance shall be
reduced in dimension or area below the minimum requirements set forth
herein. Yards or lots created after the effective date of this Ordinance shall
meet at least the minimum requirements established by this Ordinance.
LJ

2.4 Provision for Official Zoning Map
The Town of Atkinson is hereby divided into zones, or districts, as shown on the Official
Zoning Map which, together with all explanatory matter thereon, is hereby adopted by
reference and declared to be a part of this Ordinance. The Official Zoning Map shall be
identified by the signature of the Mayor of the Town of Atkinson, attested by the Town
Clerk, and bearing the seal of the Town. No changes of any nature shall be made on the
Official Zoning Map or matter shown thereon except in conformity with the procedures set
forth in this Ordinance. Regardless of the existence of copies of the Official Zoning Map
which may from time to time be made or published, the Official Zoning Map located in the
Town of Atkinson Town Clerk's Office shall be the final authority as to the current zoning
status of land and water areas, buildings, and other structures in the town.
2.5 Replacement of Official Zoning Map
In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to
interpret because of the nature or number of changes and additions, the Board of
Aldermen may by resolution adopt a new Official Zoning Map which shall supersede the
prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors
or omissions in the prior Official Zoning Map, but no such correction shall have the effect
of amending the original Official Zoning Map. The new Official Zoning Map shall be
identified by the signature of the Mayor of the Town of Atkinson, attested by the Town
Clerk, and bearing the seal of the Town of Atkinson. Unless the prior Official Zoning Map
has been lost, or has been totally destroyed, the prior map or any significant parts thereof
remaining shall be preserved, together with all available records pertaining to its adoption
or amendment.
2.6 Rules for Interpretation of District Boundaries
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning
Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the center lines of streets
or highways, shall be construed to follow such center lines;
(2) Boundaries indicated as approximately following the right-of-way of streets
or highways, shall be construed to follow such right-of-ways;
(3) Boundaries indicated as approximately following platted lot lines shall be
construed as following such lot lines;
(4) Boundaries indicated as approximately following town limits shall be
construed as following such town limits;
H
I�
I
9

' (5) Boundaries indicated as following railroad lines shall be construed to be
midway between the main tracks;
(6) 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, canals, lakes or
' other bodies of water shall be construed as to follow such center lines;
(7) Where a district boundary divides a lot, the location of such boundary, unless
' the same is indicated by dimensions on the zoning map, shall be one
hundred fifty (150) feet from the nearest street which it parallels.
' (8) 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 one (1) through six (6) above, the Board of
Adjustment shall interpret the district boundaries.
1
11
7

' SECTION 3.
3.1 General
1
1
[_1
1
11
1
DEFINITIONS
For the purpose of this Ordinance, certain terms or words used herein shall be interpreted
as indicated in the following sections.
3.2 Tense and Number
(1) The present tense includes the future tense and the future tense includes the
present tense.
(2) The singular number includes the plural number and the plural number
includes the singular number.
3.3 Word Interpretations
(1) The word "may" is permissive.
(2) The word "shall' and "will' are mandatory.
(3) . The word "County" shall mean the County of Pender, North Carolina.
(4) The words "Zoning Board," "Zoning Commission," or"Planning Commission"
shall mean the Town of Atkinson Planning Board.
(5) The word "Aldermen" shall mean the Board of Aldermen of Atkinson, North
Carolina.
(6) The word "person" includes a firm, association, organization, partnership,
trust company, or corporation as well as an individual.
(7) The words "used" or "occupied" include the words intended, designed, or
arranged to be used or occupied.
3.4 Definitions
(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.
8

I
(2) Accessory Use. A use incidental to, and located on the same lot as, a '
principal use. '
(3) Advertising Sign. A sign which directs attention to a business, profession,
commodity, service or entertainment conducted, sold or offered upon the '
premises.
(4)
Alter. To make any structural changes in the supporting or load -bearing
'
members of a building, such as walls, columns, beams, girders or floor joists.
(5)
Antenna. Equipment designed to transmit or receive electronic signals.
'
(6)
Assisted Living Home. A facility maintained for the purpose of providing
skilled nursing care and medical supervision at a lower level than that
'
available in a hospital to not more than nine (9) persons.
t
(7)
Auto Wash. A structure or portions thereof the principal use of which is the
washing of automobiles or other motor vehicles.
t
(8)
Bed and Breakfast Inn. A house, or portion thereof, where short-term
lodging rooms and meals are provided. The operator of the inn shall live on
the premises or in adjacent premises [including boarding home(s) and tourist
'
home(s)].
t
(9)
Buildable Area. The portion of a lot remaining after required yards have
been made.
'
(10)
Building. A structure having a roof supported by columns or walls for the
housing or enclosure of persons, animals or goods.
'
(11)
Building, Detached. A building having no party or common wall with another
building except an accessory building or structure.
'
(12)
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 beams 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.
,
(13) Building Line. A line parallel to the street right-of-way which intersects the '
nearest point of the building to the street right-of-way.
9 '

LJ
'
(14) Building, Main. A building in which the principal use of the lot on which the
building is situated is conducted.
1
(15) Child Care Home. A home for not more than nine (9) orphaned, abandoned,
dependent, abused, or neglected children, together with not more than two
'
(2) adults who supervise such children, all of whom live together as a single
housekeeping unit.
' (16) Child Care Institution. An institutional facility housing more than nine (9)
orphaned, abandoned, dependent, abused, or neglected children.
(17) Church, Club, or Private Lodge. An incorporated or unincorporated
association for civic, social, cultural, religious, fraternal, literacy, political,
recreational, or like activities, operated on a non-profit basis for the benefit
of its members, and certified as a non-profit organization by the Secretary
' of State of the State of North Carolina.
(18) Condominium. A dwelling unit in which the ownership of the occupancy
' rights to the dwelling units is individually owned or for sale to an individual
and such ownership is not inclusive of any land.
(19) Contractor, General. One who is engaged in one or more aspects of building
construction and/or land development through a legal agreement.
I
1
1
1
(20) Contractor, Trades. One who accomplishes work or provides facilities under
contract with another and specifically engages in a specialized trade, such
as plumbing, heating, wiring, sheet metal and roofing work, etc.
(21) 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 primary
food, beverages, and other household supplies to customers who purchase
only a relatively few items (in contrast to a "supermarket'). It is designed to
attract and depends upon a large volume of stop -and -go traffic. Illustrative
examples of convenience stores are those operated by the "Fast Fare," "7-
11," and "Pantry" chains.
(22) Corner Lot. A lot at the junction of and abutting upon two or more streets.
(23) Day Care Center. Any child care arrangement that provides day care on a
regular basis for more than four (4) hours per day for more than five (5)
children of preschool age.
1
10

(24) Day Care Home. An occupied dwelling in which the occupant provides
daytime care 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.
(25) Drive-in 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.
(26) Dwelling, Multiple Family. A residential building designed for or occupied by
two (2) or more families, with the number of families in residence not
exceeding the number of dwelling units provided.
(27) Dwelling, Single -Family. A detached building designed for or occupied
exclusively by one family.
(28) Dwelling, Two Family (Duplex). A detached residential building containing
two dwelling units, designed for occupancy by not more than two families.
(29) Dwelling Unit. A room or group of rooms within a dwelling forming a single
independent, habitable unit; containing an independent kitchen, sanitary, and
sleeping facilities; and provided such dwelling unit complies with local
minimum housing standards.
(30) Family. One or more persons occupying a single dwelling unit, provided that
unless all members are related by blood or marriage, no such family shall
contain over five (5) persons, but further provided that domestic servants
employed on the premises may be housed on the premises without being
counted as a family or families.
(31) 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) residents including handicapped and
non -handicapped persons.
(32) Flammable and Combustible Liquids. Liquids which will ignite easily and
bum freely.
(33) Flea Market. A commercial operation held on a regular periodic basis and
patronized by individual entrepreneurs who transport a variety of
merchandise to a common geographical area for the purpose of sale or trade
to the general public. This definition does not include sporadic and
infrequent yard sales held in residential areas.
H
1
I
I
I
I
1
1
11

t
1
r_
L
(34) 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.
(35) Gross Floor Area. For purposes of computing off-street parking
requirements in this Ordinance, the total floor area enclosed within a
building, including interior balconies and Mezzaines exclusive of stairways
and elevator shafts.
(36) Home Care Unit. A facility meeting all the requirements of the State of North
Carolina for boarding and care of not more than five (5) persons who are not
critically ill and do not need professional medical attention, to include homes
for the aged.
' (37) Home for the Aged. A boarding home with more than six (6) beds meeting
all of the requirements of the State of North Carolina for the boarding and
' care of persons who are not .critically ill and who do not need regular
professional medical attention.
(38) Home 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.
' (39) 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.
' (40) Junk Yard. A lot, land or structure or part thereof, used primarily for
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.
(41) Lot. Land area of defined boundaries in single ownership, set aside for
separate use or occupancy, and recorded as such in the office of the Pender
'
County Registrar of Deeds.
(42) Lot, Area of. The parcel of land enclosed within the boundaries formed by
the property lines, plus one-half of any alley abutting the lot between the
boundaries of the lot, if extended.
(43) Lot, Corner. A parcel of land having frontage on more than one street (road)
which abuts an intersection of those streets (roads).
12

I
'
(44) Lot, Depth. The depth of a lot is the distance measured in the mean
direction of the side lines of the lot from the midpoint of the front line to the
midpoint of the opposite lot line.
,
(45) Lot Line. Any boundary of a parcel of land.
'
(46) Lot Line, Front.
(a) If a lot has one property line which is coterminous with a street right-
of-way line, such line shall constitute the front line;
'
(b) If a lot has two property lines which are also street right-of-way lines
abutting different streets and those two (2) property (street right -of-
way) lines form an angle between 80 degrees and 100 degrees, then
'
the shorter of those two (2) lines shall constitute the front property
line; if both lines are equal, the front property line shall be determined
'
by the property owner if a front property line has not been designated
on the final plat (minimum building lines are construed to designate
the front lot line);
,
(c) If a lot is not encompassed by provision (a) or (b) and no front
property line is designated on the final plat, the front property line
,
shall be designated by the Board of Adjustment.
(47) Lot Line, Rear. The rear lot line shall be the property line(s) which is (are)
opposite the front property line. If no property line is deemed by the Zoning
Administrator (Building Inspector) or his authorized agents to be opposite the
'
front property line and no minimum building line exists on the final plat to
establish a rear lot line, then there shall be no rear lot line; however, the rear
yard setback shall be maintained from the point (apex) on the property's
'
perimeter which is the furthest removed from the mid point of the front line.
The rear yard minimum building line shall be a line perpendicular to a straight
'
line connecting said apex and the mid point of the front lot line.
(48) Lot Line, Side. A boundary line which is not defined as front or rear lot line.
'
(49) Lot of Record. A lot, a plat or a map which has been recorded in the office
of the Registrar of Deeds of Pender County, or a lot described by metes and
'
bounds, the description of which has been recorded in the aforementioned
office.
13
,

' (50) Lot Width. The distance between the side property lines along the front
minimum building line as specified by the applicable front yard setback in
' Section 7, "Table of Area, Yard and Height Requirements."
' (51) Manufactured Home. A structure, transportable in one or more sections,
which in the traveling mode is eight body feet or more in width, or 40 body
feet or more in length, or, when erected on site, is 320 or more square feet;
' and which is built on a permanent chassis and designed to be used as a
dwelling, with or without permanent foundation when connected to the
required utilities, including the plumbing, heating, air conditioning, and
' electrical systems contained herein. "Manufactured home" includes any
structure that meets all of the requirements of this definition except the size
requirements and with respect to which the manufacturer voluntarily files a
' certification required by the Secretary of the United States Department of
Housing and Urban Development and complies with the standards
' established under the National Manufactured Housing Construction and
Safety Standards Act of 1974, 42 U.S.C. §5401, et seq.
' (52) Manufactured Home (Mobile Home) Class A. A manufactured home
constructed after Julyl, 1976, that meets or exceeds the construction
standards promulgated by the U.S. Department of Housing and Urban
' Development that were in effect at the time of construction and that satisfies
each of the following additional criteria:
' (a) The home has a length not exceeding four times its width;
'
(b)
The pitch of the home's roof has a minimum vertical rise of one foot
for each five feet of horizontal run, and the roof is finished with a type
of shingle that is commonly used in standard residential construction;
(c)
The exterior siding consists of wood, hardwood, or aluminum (vinyl
covered or painted, but in no case exceeding the reflectivity of gloss
'
white paint) comparable in composition, appearance, and durability
to the exterior siding commonly used in standard residential
'
construction;
(d)
A continuous, permanent masonry foundation, unpierced except for
'
the required ventilation and access, is installed under the home; and
(e)
The tongue, axles, transporting lights, and removable towing
'
apparatus are removed after placement on the lot and before
occupancy.
14

I
(47) Manufactured Home (Mobile Home) Class B. A manufactured home '
constructed after July 1, 1976, that meets or exceeds the construction
standards promulgated by the U.S. Department of Housing and Urban
Development that were in effect at the time of construction but that does not
satisfy the criteria necessary to qualify the house as a Class A manufactured ,
home.
(48)
Manufactured Home (Mobile Home) Class C. Any manufactured home that
,
does not meet the definitional criteria of a Class A or Class B manufactured
home. Class C manufactured homes are permitted within Atkinson's
planning jurisdiction.
,
(49)
Manufactured Home Lot. A manufactured home lot is a piece of land within
a manufactured home park whose boundaries are delineated in accordance
,
with the requirements of the Ordinance.
,
(50)
Manufactured Home Park. Any single parcel of land upon which three (3) or
more manufactured homes, occupied for dwelling or sleeping purposes, are
located, regardless of whether or not a charge is made for such
,
accommodations. Manufactured home parks are referred to in this
Ordinance as "MH Park(s)."
,
(51)
Manufactured Home/Recreational Vehicle Space. A plot of land within a
MH/RV park designed for the accommodation of a single manufactured
'
home/recreational vehicle in accordance with the requirements set forth in
this section.
'
(52)
Modular Home. Adwelling unit constructed in accordance with the standards
set forth in the state or local building code applicable to site -built homes 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
'
sections transported to the site in a manner similar to a manufactured home
except that the modular home meets the state and local building code
applicable to site -built homes, or a series of panels or room sections
'
transported on a truck and erected or joined together on the site.
(53)
Modular Dwelling. A movable or portable dwelling constructed to be
'
transported as a unit and designed to be placed upon a permanent
foundation.
'
(54)
Multifamily Development. A single building on a single lot or tract containing
more than two (2) dwelling units.
'
15
'

(55)
Nonconforming Building or Use. Any legally existing building or use which
'
fails to comply with the provisions of the Ordinance.
(56)
Nursing Care Institution. An institutional facility maintained for the purpose
'
of providing skilled nursing care and medical supervision at a lower level than
that available in a hospital to more than nine (9) persons.
'
(57)
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.
(58)
Parking Space, Off Street. For the purpose of this Ordinance, an off-street
'
parking space shall consist of a space adequate for parking an automobile
with room for opening doors on both sides, together with properly related
access to a public street or alley and maneuvering room.
(59)
Planned Building Group. Land under unified control to be planned and
developed as a whole in a single development operation or a definitely
'
programmed series of development operations or phases. A planned
development includes principal and accessory structures and uses
'
substantially related to the character and purposes of the planned
development. A planned development is built according to general and
detailed plans that include not only streets, utilities, lots, and building
'
location, and the like, but also site plans for all buildings as are intended to
be located, constructed, used, and related to each other, and plans for other
uses and improvements on the land as related to the buildings. A planned
development includes a program for the provisions, operations, and
maintenance of such areas, facilities, and improvements as will be for
common use by some or all of the occupants of the planned development
'
district, but which will not be provided, operated, or maintained at general
public expense.
'
(60)
Planning Board. A commission appointed by the Town Board of Aldermen
for the following purposes:
'
(a) to develop and recommend long-range development plans and
policies;
'
(b) to advise the Town Board of Aldermen in matters pertaining to current
'
physical development and zoning for the town's planning jurisdiction.
16

I
(61) Principal Structure or Building. A structure or building containing the
principal use of the lot.
(62) Principal Use. The primary purpose or function that a lot serves or is
intended to serve.
(63) 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.
(64) Recreational Vehicle. A recreational vehicle is a vehicle which is: (1) built on
a single chassis; (2) self-propelled or permanently towable by a light duty
truck; and (3) designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational camping, travel, or seasonal use.
Recreational vehicles must be ready, willing and able to move off -site within
48 hours. When a recreational vehicle is located within a special flood
hazard area, the local Flood Prevention Ordinance must be met.
Recreational vehicles include "park model' recreational vehicles as defined
by this Ordinance.
(65) Recreational Vehicle Park. Any single parcel of land upon which two (2) or
more recreational vehicles, occupied for sleeping purposes, are located
regardless of whether or not a charge is made for such purposes.
Recreational Vehicle Parks are referred to in this Ordinance as "RV Park(s)."
(66) Repair Garage. A garage in which machinery operated by mechanical power
is installed which is designed for making major repairs to motor vehicles.
(67) Roof Sign. A sign erected, constructed, or maintained upon the roof of any
building.
(68) School. Any public or private institution for the teaching of children.
(69) Service Station. A building or lot dedicated to the rendering of automotive
services such as the sale of gasoline, oil, grease, and accessories and the
minor repair of automobiles such as tune-ups, brake adjustments,
overhauling, and tire changes, excluding body work and painting,
(70) 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.
I
1
17

' (71) Side Yard. An open, unoccupied space including driveways, and parking
areas between the side lot line and the building line, extending from the
' required setback to the required rear yard.
' (72) Sign. Any words, lettering, parts of letters, pictures, figures, numerals,
phrases, sentences, emblems, devices, design, trade names or trademarks
by which anything is made known, such as the designation of an individual,
' firm, association, profession, business commodity or product, which are
visible from any public way and used to attract attention.
' (73) Sign, Area. The surface area of a sign shall be computed as including the
entire area visible from any one point, within a regular geometric form or
combinations of regular geometric forms comprising all of the display area
of the sign including lattice work, wall work, and individual letters and spaces
between letters comprising part(s) of the sign. Computations of sign area
' shall include only one side of a double-faced sign structure. If a sign has two
sides adjoined at an angle of greater than 600, the surface of both sides of
the sign shall be included in the computation of area.
(74) Sign, Business Identification. Any sign which advertises an establishment,
service, commodity or activity conducted upon the premises where such sign
' is located.
' (75) 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, such as a "sandwich sign,' is also a freestanding sign.
(76) Sign, Off -Premises. 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.
' (77) Sign, Outdoor Advertising. Any sign which advertises an establishment,
service, commodity, goods or entertainment sold or offered on premises
other than that on which the sign is located.
' (78) Sign, Portable. Any sign not exceeding fifty (50) square feet in billboard area
and not permanently attached to the property on which it is located.
18
1

C]
(79) Sign, Temporary. A display, informational sign, banner, or other advertising
device constructed of cloth, canvas, fabric, wood, or other temporary
material, with orwithout a structural frame (including banners), and intended
for a limited period of display, including decorative displays for holidays or
public demonstrations.
(80) Storage, Self -Service. A building consisting of individual, small, self-
contained units that are leased or owned for the storage of goods and wares.
(81) Story. That part of a building or structure above ground level between a floor
and the floor or roof next above.
(82) Street. A public right-of-way set aside for public travel not less than thirty
feet in width.
(83) Street Line. A dividing line between a lot and a street right-of-way.
(84) Telecommunication Tower. Atowerfacility, including, but not limited to, radio
and television transmission towers orsimilar utilities, microwave towers, and
mobile telephone or radio towers. This term shall not include radio
transmission facilities for use by ham radio operators or two-way local radio
facilities for business or governmental purposes that are under 100 feet in
height and that, at a height of fifty feet above the base, have a maximum
horizontal measurement of eighteen inches, nor shall it include any tower
erected by a public authority for public safety or emergency service
communication purposes.
(85) Temporary Real Estate Sign. A sign located on the premises and offering
said premises for sale, rent, lease or development.
(86) Tower. Any structure whose principal function is to support antenna.
(87) Use. The purpose for which land or structure thereon is designed, arranged
or intended to be occupied or used, or for which it is occupied, maintained,
rented or leased.
(88) Use, Accessory. A use incidental to and customarily associated with the
use -by -right and located on the same lot with the use -by -right, and operated
and maintained under the same ownership with the operation of the use -by -
right.
(89) Use -By -Right. A use which is listed as an unconditionally permitted activity
in this Ordinance.
1
1
i
L
1
1
E
1
1
1
1
1
1
1
r]
i
i
19
1

I
1]
1
11
(90) Use, Nonconforming. A use of building or land that does not conform with
the regulations of the district in which the building or land is situated.
(91) Warehouse. A building or compartment in a building used and appropriated
by the occupant for the deposit and safekeeping or selling of his own goods
at wholesale and/or for the purpose of storing the goods of others placed
there in the regular course of commercial dealing and trade to be again
removed or reshipped.
(92) Yard. A required open space unoccupied and unobstructed by a structure
or portion of a structure; provided, however, that fences, walls, poles, posts,
and other customary yard accessories, omaments, and furniture may be
permitted in any yard subject to height limitations and requirements limiting
obstruction of visibility.
(93) Yard, Front. The space on the same lot with the principal building between
the building (exclusive of steps) and the front property or street right-of-way
line and extending across the full width of the lot.
(94) Yard, Rear. An area extending across the full width of the lot and lying
between the rear lot line and a line parallel thereto at a distance therefrom
as required in the applicable district.
(95) Yard, Side. An area extending along the length of the lot between the
required front yard and the required rear yard, and between the side lot line
and a line parallel thereto and a distance therefrom as required in the various
districts.
1
C1

' SECTION 4. ESTABLISHMENT OF JURISDICTION
' 4.1 Locations and Boundaries of Districts
' The locations and boundaries of each of the zoning districts shall be shown on the map
accompanying this Ordinance and made part hereof entitled "Official Zoning Map, Town
of Atkinson" dated February 1, 2001, and adopted by the Town Board of Aldermen. The
zoning map and all the notations, references and amendments thereto, and other
information shown, are hereby made a part of this Ordinance. The zoning map shall be
kept on file in the office of the Town Clerk and shall be available for inspection by the
' public.
' The boundaries of such districts as are shown upon the map accompanying this Ordinance
are hereby adopted. The provisions of this Ordinance governing within each type of district
the use of land and buildings, height of buildings, building site areas, sizes of yards around
' buildings and other matters as are hereinafter set forth are hereby established and
declared to be in effect upon all land included within the boundaries of each and every
district as shown upon said map.
4.2 Classes and Purposes of Zoning Districts
' (1) 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 ex -urban, low density residential development not
' requiring urban services while maintaining prime farm land and a rural life
style.
' (2) 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.
(3) RM-15 Residential. The purpose of this district is to provide 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.
21

11
(4) 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.
(5) 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.
1
t
1
22 1

I
' SECTION 5. APPLICATION OF GENERAL REGULATIONS
5.1 Use
No building or land shall hereafterbe used or occupied and no building or part thereof shall
' be erected, moved or structurally altered except in conformity with the uses and
dimensional regulations of this Ordinance, or amendments thereto, for the district in which
' it is located.
5.2 Only One Main Building, One Main Use on Lot, and Orientation of a Building
' In all districts, every main building hereafter erected or altered shall be located on a
separate lot, as defined in this Ordinance, and in no case shall there be more than one
' main building and permitted accessory building on the lot nor more than one main use
(e.g., commercial, industrial or residential) per building and lot; provided that this
' requirement shall not apply to uses that are permitted in the Table of Permitted Uses
(Section 6) within the same zoning district and located in the same building, nor to motels
or manufactured home parks, nor to planned building groups approved by the Planning
' Board.
5.3 Minimum Yards
The minimum yards or other open spaces required by this Ordinance, including those
provisions regulating intensity of use, for each and every building hereafter erected or
' structurally altered shall not be encroached upon or considered as meeting the yard or
open space requirements or the intensity of use provisions for any other building.
' 5.4 Lot Subdivision
' No lot shall hereafter be so reduced in area as to cause any open space required by this
Ordinance to be less in any dimension than is herein required by the minimum yard
requirements of the zone in which the lot in question is situated.
5.5 Improvements Bond
' No final certificate of occupancy/compliance for a commercial, residential, or manufactured
home park or planned building group will be issued until all required site improvements
have been completed. In lieu of completion of required site improvements, the developer
of the planned group may enter into a contract with the Town of Atkinson providing for the
installation of required improvements within a designated period of time. Performance of
' said contract shall be secured by a cash or surety bond which will cover the total estimated
cost of the improvements as determined by the Town of Atkinson; provided, however, that
said bond may be waived by the Town Board of Aldermen within its discretion.
23

[1
' SECTION 6. PERMITTED USES IN ZONING DISTRICTS
' 6.1 To Determine the Zoning District in Which A Particular Use is Permitted:
' (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 6.21)
(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.
(6) Minimum zoning district area (acreage requirements are defined in Section
6 Table of Yard, Area, and Height Requirements).
TABLE OF PERMITTED USES
1
1
[1
1
Use
Zoning District
RA
R-15
RM-15
C-1
C-2
A. Residential
Accessory Uses and Structures
1
1
1
Apartments(Multi-Family)
X
Condominium
X
X
Dwelling, Multiple Family
X
X
Dwelling, Single -Family
X
X
X
Dwelling, Two -Family (Duplex)
X
X
X
Dwelling Unit
X
X
X
Manufactured Home
2
2
2
Manufactured Home Park
X
Modular Dwelling
X
X
X
Planned Building Group
X
X
Rooming House Max. 2 apts.)
X
B. Commercial
Accessory Uses and Structures
1
1
Bed and Breakfast Inn
X
Business Services
X
X
Contractor General
X
1
iJ

Use
Zoning District
RA
R-15
RM-15
C-1
C-2
B. Commercial (continued)
Contractor, Trades
X
Convenience Store
X
Drive -In Restaurants
X
Eating and Drinking Establishments
X
Finance, Insurance, and Real Estate Services
X
X
Hotels, Motels
X
Indoor Commercial Recreation
X
Motels with Eating Facilities
6
Nursery for Flowers and Plants, Green Houses
7
7
X
X
Personal Service
4
4
Professional and Business Offices
X
X
Retail Trade Establishments
3
Sales or Service of Office Equipment
X
X
Service Stations and Repair Garages
5
Storage, Self Service
X
X
X
Studios and Clinics
X
X
C. Industrial
Junk Yard
Light Manufacturing and Processing
X
Warehouses
X
X
Water Storage Tanks
X
X
X
X
D. Miscellaneous
Agricultural Uses (Farms may conduct retail
sales of products produced on the remisses
X
X
X
Art Gallery
X
X
Assisted Living Home
X
X
Business and Professional Schools
X
X
Child Care Home
X
X
Child Care Institution
X
X
Churches
X
X
X
X
Day Care Centers/Day Care Homes
12
12
12
12
Family Care Home
X
X
1
t
t
25

[1
1
1
1
LJ
1
1
1
1
1
1
1
1
1
1
1
Use
Zoning District
RA
R-15
RM-15
C-1
C-2
D. Miscellaneous (continued)
Flammable and Combustible Liquids Storage
13
13
13
13
Flea Market
X
Home Care Unit
X
X
Home for the Aged
X
X
Home Occupation
14
14
Nursing Care Institution
X
X
Nursing Home
11
11
Private Clubs, and Lodges
10
10
X
X
Public Buildings and Grounds
X
X
X
X
Public and Private Elementary and High Schools
X
X
X
Public Utility Stations and Substation
8
8
8
8
Public Utility Transmission Lines
9
9
9
9
Recreational Vehicle Parks
X
Telecommunication Tower
X
1
26

t
1
[]
6.2 Notes to the Table of Permitted Uses
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) Manufactured homes shall adhere to the following conditions:
(a) The foundation shall be doubled blocked, each double block
consisting of four concrete blocks;
(b) Over -the -top ties shall be provided at each corner of the
manufactured 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; and
(e) Underpinning shall be provided.
(3) 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.
' (4) 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.
' (5) 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.
(6) 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.
27

(7) Greenhouses must be accessory to the residential use of the property and ,
shall be located at least 25 feet from any side lot line. ,
(8) 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 orneighboring 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.
(9) Public utility transmission lines shall be permitted only if a right-of-way of
,
sufficientwidth shall permitthe 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 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.
'
(10)
No building shall be located closer than 10 feet from any side lot lines
,
(11)
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.
'
(12)
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 provided 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.
'
(13)
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 guidelines.
11
28 1

(14) Home Occupations are permitted in the RA and R-15 Residential zones only
if 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 premises shall
be employed in connection with the home occupation; and
(d) No display of products shall be visible from the street other than farm
products produced on the land in the RA zone.
29

SECTION 7. TABLE OF YARD, AREA, AND HEIGHT REQUIREMENTS
With the exception of any yard, area, and height requirements contained in Section 6.2,
the following shall apply:
Minimum
Lot Area
Zoning
Per
Required Setback Line Minimum
Minimum Lot
District
Principal
Dimensions in Feet
Maximum Height
Size
Side
Side
(one
(total
In
Area in
Width
Front
only)
of two)
Rear
In Feet
stories
Sq. Ft. _
in Feet
RA-15
15,000
40
10% of
20% of
50
35
2 %
15,000
100
(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
2 %
15,000
100
*Mandatory only if structure does not meet N.C. State Building Code, Section 716
concerning fire walls. However, in the case of a comer 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.
30

SECTION 8. PLANNED BUILDING GROUP REGULATIONS
' Planned building groups (inclusive of manufactured home parks) must be approved by the
Atkinson Planning Board. Planned building groups (inclusive of manufactured home parks)
' shall be submitted to the Zoning Administrator (Building Inspector) at least twenty-one (21)
days prior to the regular Planning Board meeting at which it is to be reviewed.
' 8.1 Planned Building Group Regulations for Apartments and Condominiums
(1) Minimum Lot Area. As required by the zoning district in which the Planned
' Building Group is located. (See Table of Permitted Uses.)
(2) Parking. As specified in Section 10 of the Ordinance.
(3) Recreation Area. Play areas shall be provided for all apartments and
' condominium planned building groups with over five (5) dwelling units. A
minimum play area of two thousand (2,000) square feet, having a minimum
width of forty (40) feet or a minimum radius of twenty-six (26) feet shall be
' provided for the first six (6) to twenty-five (25) dwelling units. For each
dwelling unit over twenty-five (25) in number, an additional fifty-six (56) feet
' per dwelling unit shall be provided. The spatial distribution and number of
individual play areas within the planned building group shall be determined
by the Planning Board on the basis of the spatial arrangement of the dwelling
' units, topography, and other physical features. Swimming pools and their
accessory areas shall not constitute any part of the open space
requirements. No part of the required play area shall be used for any other
' purpose. All recreation areas shall be enclosed with permanent fencing at
least five (5) feet in height.
' (4) Timing. Proposed schedule of development including stages likely to be
followed.
' (5) Other details.
' (a) Proposed provision for storm drainage (including retention pond
facilities, when applicable) and sanitary sewerage, approved by the
Zoning Administrator (Building Inspector).
' (b) Size and proposed location of any signs.
(c) Proposed solid waste storage facilities.
' (d) Proposed water system and fire fighting facilities such as hydrants
and sprinkler connections.
(e) Types of surfacing, slope, grade, and cross section of drives,
' sidewalks, malls, etc.
31

(f) The location and heights of all fences, walls, and hedges shall be
shown.
(g) Profiles of publicly maintained water and sewer lines.
(h) Profiles, cross -sections, and slopes of on -site and off -site ditches
carrying water runoff.
(i) Erosion and sedimentation control plan.
Q) Lighting plan inclusive of wattage and illumination.
(k) Installation of curb and gutter maybe required by the Planning Board.
(1) Depict traffic control devices.
(m) All plans and construction details must meet the current specifications
of the Town of Atkinson.
(n) Location and amount of recreation area.
11
1
(6) Placement of Buildings. I
(a) There shall be maintained at least twenty (20) linear feet of open
space between individual and unattached buildings in a residential
planned building group.
(b) Any group of buildings forming a courtyard shall have at least twenty-
five (25) percent of the perimeter of such courtyard open for access
by emergency vehicles.
(c) Where the length of a street exceeds two hundred (200) feet and
where there exist six (6) or more dwelling units, an area must be
provided for the turnaround of fire -fighting vehicles on a paved or
graveled surface. This area shall not be used for parking and shall
subscribe a circular area having a radius of thirty-five (35) feet or shall
have a configuration which provides comparable turnaround space.
(d) All fire hydrants, whenever possible, should be located adjacent to the
paved roadways suitable for transporting fire -fighting vehicles. Where
possible, such hydrants shall be located at least fifty (50) feet from
any building. Hydrants shall be located at entrance and exit ways,
and additional hydrants shall be located so that each building and
portion thereof will be within three hundred fifty (350) feet of a
hydrant. If buildings have standpipes and sprinkler systems, one (1)
hydrant shall be located with seventy-five (75) feet of each standpipe
and sprinkler system. All hydrants must be served by a water main
of sufficient size. In no case shall the minimum size main be less than
six (6) inches in diameter.
j
1
u
11
u
1
32

I
1
L
1
1
1
1
8.2 Manufactured Home Park Regulations
8.2.1 Compliance
All manufactured home parks existing on the effective date of this Ordinance are
required to comply with all applicable procedures and requirements of this Ordinance. Any
manufactured home park failing to comply with the applicable provisions of this Ordinance
is hereby declared to be a nonconforming use of land. All manufactured home parks shall
continuously comply with the general requirements of this Ordinance. Failure to meet
continuously each of the general requirements shall be grounds for revocation of the
certificate of occupancy/compliance.
No person shall begin construction of a manufactured home park or make any
addition to a manufactured home park that either alters the number of sites for
manufactured homes within the park or affects the facilities required therein until he first
secures a permit authorizing such construction or addition. The construction or addition
shall be in accordance with an approved plan submitted with the application to the Atkinson
Planning Board. The application will be reviewed by the Atkinson Planning Board, the
Zoning Administrator (Building Inspector), the Electrical Inspector, and the Pender County
Health Department. All applications for a manufactured home construction permit will be
accompanied by six (6) copies of the plan.
8.2.2 Contents of the Plan
The plan shall be drawn at a scale not more than one hundred (100) feet to the inch
and shall show the following on one (1) or more sheets:
(1) Title information shall include: name of park, name of developer, scale, and
date.
(2) Small scale location diagram showing all roads in the vicinity and the
relationship of the site to major roads.
(3) Dimensions and bearings of exterior property lines.
(4) Topography information as deemed necessary by inspectors.
(5) Location of the "A" flood zone as defined by the Corps of Engineers.
(6) Roads in vicinity (access roads and adjacent roads).
(7) Manufactured homes spaces well defined.
33

I
(8) Surface water drainage plans.
(9) All structures in the park site (present or proposed).
(10) Recreation areas.
(11) Method of surfacing roads within the park.
(12) Location and intensity of area lights, riser diagrams, and typical connections
to manufactured homes, or statement indicating that the power companies
will be responsible for design and installation of the electric system.
(13) Source of water and water distribution system. If water source is a well, it
shall meet the appropriate county and/or state agency requirements.
(14) Sanitary sewerage. If a private sewerage collection and disposal system is
used, plans and specifications approved by appropriate county and/or state
agencies.
(15) Proposed provisions for storm drainage (including retention pond facilities,
when applicable), approved bythe Zoning Administrator (Building Inspector).
8.2.3 Review of Plans
After a plan for a manufactured home has been properly submitted to the Atkinson
Planning Board, the following shall be responsible for reviewing the proposed plan.
(1) Planning Board. The Atkinson Planning Board shall review the plan for a
manufactured home park. This agency shall be responsible for the review
of the following to determine if the proposed design is in accordance with the
specifications of this information.
(a) Title information;
(b) Small scale location map (vicinity map);
(c) Dimensions and bearing of exterior property lines;
(d) Roads in the vicinity;
(e) Recreation areas;
(f) Method of surfacing roads within the park;
L
I
1
1
1
1
I
34

d
1 (g) Street and lot design;
' (h) Surface water drainage.
(2) Pender County Health Department. When septic tank or individual wells are
required, the Health Department permit shall be submitted with the
application for approval of a Manufactured Home Park. The Health
Department shall be responsible for the review of the following to determine
if they are in accordance with the minimum health standards and regulations.
(a) Source of water and water distribution system;
(b) Sanitary sewerage system; and
' (c) Adequate lot size.
' (3) Zoning Administrator. The Zoning Administrator (Building Inspector) shall
review the plan for a manufactured home park to determine if the plan
complies with the requirements of this Ordinance, if the proposed electrical
system is in accordance with state electrical codes, and to determine that
any proposed buildings comply with the State Building Code.
' (4) Should any agency find deficiencies in the review of the plan for a proposed
' manufactured home park, that agency shall notify the developer of the park
to correct such deficiencies. Each agency shall notify the Zoning
Administrator (Building Inspector) after approving the plan for a proposed
park. The Zoning Administrator (Building Inspector), after receiving
notification of approval from all agencies involved in the review of a proposed
manufactured home park, shall notify the developer of the proposed park
that preliminary approval has been granted for the construction of the park.
8.2.4 Issuance of Construction Permit and Certificate of Compliance
(1) After approval of the plan for a manufactured home park by the town and
' county agencies concerned, the Enforcement Officer is authorized to issue
a construction permit. The intent of this permit is to enable the execution of
the plan in the field and shall not be construed to entitle the recipient to offer
spaces for rent or lease or to operate a park as defined in this Ordinance.
(2) During this phase, all field work shall be in accordance with the approved
plan. It shall be the responsibility of the developer to inform the various
county agencies as to the progress of field work so that timely inspections
' may be made.
35

(3) The Zoning Administrator (Building Inspector) is authorized to issue a
Certificate of Compliance after the installation of the number of spaces the
developer wishes to initially install. In no case shall the Certificate of ,
Compliance be issued for less than the minimum spaces required by this
Ordinance. The Certificate of Compliance will be issued only after the Zoning
Administrator (Building Inspector) is satisfied that all work has been executed
as outlined in that section of the approved plan and in accord with the intent
and spirit of this Ordinance. Should additional spaces be added to a park '
that has an approved plan, a Certificate of Compliance for the additional
spaces will be necessary before such spaces are offered for rent or lease. '
(4) Upon receipt of the Certificate of Compliance, the permittee is duly
authorized to operate and maintain his park in any way that is not contrary ,
to the provisions of the permit. However, should the Enforcement Officer
find at any time subsequent to the issuance of the permit that the park is
operating in violation of the terms of this Ordinance or of special conditions ,
set forth in the permit, the Enforcement Officer shall revoke the Certificate
of Compliance and further operations of the park without a Certificate of
Compliance shall be cause for legal action. '
8.2.5
Manufactured Home Park Site Development
,
(1)
If wells or septic tanks are required, the amount of land for each
manufactured home space shall be determined by the Pender County Health
Department after an investigation of soil conditions, the proposed method of
sewerage disposal, and proposed water system. However, in no case shall
the size of a manufactured home space be less than eight thousand five
,
hundred (8,500) square feet. All manufactured home parks shall be located
on an undivided tract of land not less than three (3) acres in size.
,
(2)
Parking space sufficient to accommodate at least two (2) automobiles shall
be located on each manufactured home space.
'
(3)
The manufactured home park shall be located on ground that is not
susceptible to flooding. The park shall be graded so as to prevent any water
,
from ponding or accumulating on the premises. All ditch banks shall be
sloped and seeded.
,
(4)
There shall be at least twenty (20) feet clearance between manufactured
homes including manufactured homes parked end to end. No manufactured
home shall be located closer than twenty (20) feet of any exterior boundary
line of the park, no closer than fifteen (15) feet to the edge of any interior
36
,

I
i
i
I
ri
11
I
I
I
I
[J
I
I
i
I
I
I
II
street right-of-way, or closer than ten (10) feet to any manufactured home
space (lot) boundary line.
(5) The manufactured home park shall include a vegetated evergreen buffer at
least five feet in width. The intent of the buffer is to create a complete visual
screening year round. Therefore, proposed and existing vegetation should
be spaced to accomplish this purpose. No more than two (2) continuous feet
of horizontal plane, as measured and viewed perpendicular from the property
line, may be void of vegetation at least six (6) feet in height within five (5)
years of planting. Trees, shrubs, or a combination of both may be used to
meet these criteria.
(6) Existing manufactured home parks which provide manufactured home
spaces having a width or area less than that described above may continue
to operate with spaces of existing width and area, but in no event shall any
such nonconforming manufactured home park be allowed to expand unless
such extension meets the requirements of this Ordinance.
(7) Each manufactured home space shall be graded and graded areas grassed
to prevent erosion and provide adequate storm drainage (including retention
pond facilities, when applicable) away from the manufactured home.
(8) Interior Drives. All manufactured home spaces shall abut upon an interior
drive of not less than thirty-six (36) feet in right-of-way, which shall have
unobstructed access to a public street or highway, it being the intent of this
section that manufactured home spaces shall not have unobstructed access
to public streets or highways except through said interior drive. All interior
drives shall be graded to their full right-of-way and shall have a road of at
least twenty (20) feet in width. Minimum improvements shall be a compacted
base of four (4) inches of #7 ABC stone. Roads shall be maintained with
passable surface. Graded and stabilized road shoulders and ditches shall
be provided.
(9) Cul-de-sacs. Any interior drive designed to be closed shall have a
turnaround at the closed end with a minimum right-of-way diameter of one
hundred (100) feet. The entire right-of-way of such turnaround shall be
graded and usable for the turning of motor vehicles.
(10) Intersections. Drives shall intersect as nearly as possible at right angles, and
no drive shall intersect at less than seventy-five (75) degrees. Where a drive
intersects a highway, the design standards of the North Carolina Department
of Transportation shall apply.
I
37

(11) Spaces Numbered. Each manufactured home space shall be identified by
a permanent number which shall not be changed. The appropriate number
of each manufactured home space must be permanentand visibly displayed.
Each number shall be placed on a concrete, wood, metal, or any permanent
post and conspicuously located on the lot.
(12) Signs for Identification of Parks. Permanent identification sign(s) shall be
required for every manufactured home park. The size of the signs shall be
as follows: Not more than two (2) signs with a total maximum area of 48
square feet and a total minimum area of 12 square feet. Signs must be
located on the park property within 50 feet of the entrance and at least 10
feet off the front property line. Signs must be located a minimum of five (5)
feet from any side property lines. Only indirect non -flashing lighting may be
used for illumination, and the sign must be constructed in such a manner as
to prevent a direct view of the light source from any public road right-of-way.
8.2.6 Sanitary Facilities, Water Supply, Sewerage, Electricity, Lighting, and
Refuse Collection Facilities
(1) Each manufactured home space shall be equipped with plumbing and
electrical connections and shall be provided with electrical current in
sufficient amount to safely meet the maximum anticipated requirements of
a manufactured home.
(2) Water, sewerage, and electricity. Each manufactured home space shall be
provided with and shall be connected to sanitary sewerage and water supply
systems. Wells and septic tanks shall be approved by the Pender County
Health Department.
(3) Lighting. All electrical wiring shall be installed in accordance with the
National Electrical Code and shall be approved only by the electrical
inspector. Distribution lines shall be installed underground. Underground
lines shall be placed at least eighteen (18) inches below the ground surface
where possible and at least one foot radial distance from water, sewer, gas,
or communications lines. Electrical systems of manufactured home
developments shall be calculated on the basis of at least 100 amps (at
120/140 volts) for each manufactured home. The point of electrical
connection for a manufactured home shall be within an area of the
manufactured home stand and approximately forty (40) feet from the front of
the manufactured home and approximately four feet from either side of the
manufactured home. Where other utilities and fixtures prevent the location
of electrical connections forty (40) feet from the front of a manufactured
home, electrical connections shall be made with due regard to uniformity,
I
I
I
I
I
[1
11
I
I
I
H
11
i
[1
I
I
I
m
I

I
1
rl
1
I
safety, and convenience , and equate exterior lighting shall be provided for
all streets, walkways, buildings, and other facilities subject to nighttime use.
The average illumination level in manufactured home parks shall be at least
three tenths (0.3) footcandle, and a minimum level of one tenth (0.1)
footcandle shall be maintained on all streets. Potentially hazardous locations
such as street intersections and walkways shall be individually illuminated
with a minimum level of six tenths (0.6) footcandle.
(4) Refuse collection facilities. The park owner is responsible for seeing to
refuse collection. All refuse shall be collected at least once/week or more if
the need is indicated. When manufactured home parks are located in the
Town of Atkinson, the applicable sanitation regulations shall be complied
with.
8.2.7 Manufactured Home Stands and Anchors
(1) The area of the manufactured home stand shall be improved to provide an
adequate foundation for the placement and anchoring of the manufactured
home, thereby securing the structure against uplift, sliding, rotation, and/or
overturning.
(2) Each manufactured home owner shall provide anchorage in accordance with
the State of North Carolina Regulations for Manufactured Homes.
(3) Any manufactured home placed in a manufactured home park afteradoption
of this Ordinance shall have skirting (see Section 6.2, Note 2).
8.2.8 Service, Administration, and Other Buildings
(1) Within a manufactured home park, one manufactured home may be used as
an administrative office. Other administrative and service buildings housing
sanitation and laundry facilities or any other such facilities shall comply with
all applicable ordinances, codes, and statutes regarding buildings, electrical
installations, plumbing, and sanitation systems.
(2) All service buildings, commercial structures, and the grounds of the park
shall be maintained in a clean condition and kept free from any condition that
will menace the health of any occupant orthe public or constitute a nuisance.
8.2.9 Structural Additions
All structural additions to manufactured homes other than those which are built into
the unit and designed to fold out or extend from it shall be erected only after a building
11
39

I
permit has been obtained, and such additions shall conform to the building code of the
state, where applicable, and shall meet the standards of special regulations adopted with
respect to such additions. The building permit shall specify whether such structural
additions may remain permanently, must be removed when the manufactured home is
removed, or must be removed within a specified length of time after the manufactured
home is removed. Structural alterations existing at the time of passage of this Ordinance
shall be removed within thirty (30) days after the manufactured home which they serve is
moved unless attached to another manufactured home on the same site within that period.
8.2.10 Storage
Storage of a manufactured home or recreational vehicle is prohibited.
8.2.11 Management
In each manufactured home park, the permittee or duly authorized attendant or
caretaker shall be in charge at all times to keep the manufactured home park, its facilities
and equipment in a clean, orderly, safe, and sanitary condition.
8.2.12 Manufactured Home Park
It shall be the duty of the operator of a manufactured home park to keep an
accurate register containing a record of all registered occupants. The operator shall keep
the register available at all times for inspection by law enforcement officials, public health
officials, and other officials whose duties necessitate acquisition of the information
contained in the register.
8.2.13 Sales in Manufactured Home Parks
(1) It shall be unlawful to sell on a commercial basis manufactured homes or
trailers within manufactured home parks.
(2) It shall be unlawful to sell a manufactured home space(s) within the
manufactured home parks.
(3) It shall be unlawful to operate any business within a manufactured home
park.
I
J
I
I
1

' SECTION 9. SIGN REGULATIONS
' 9.1 Signs, General
The regulations contained in this subsection shall pertain to signs in all zoning districts.
(1) 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 Atkinson are exempt.
(2)
No sign shall be permitted in the vertical area between 2%z 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.
(3)
Blinking or flashing incandescent bulbs, spot lights, floodlights or similar
lights that are in current use by emergency or law enforcement 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)
Floodlights for signs must be directed away from any residential structure
'
and oncoming vehicular traffic on any road, street, or alley.
'
(5)
Off -premises signs are prohibited.
(6)
No sign shall be within 10 feet of an adjacent residential lot line.
9.2 Signs
in R-15 and RM-15 Zones
' (1) Permitted signs.
(a) Identification signs. Not more than 2 signs per principal use and a
combined maximum area of 20 sq. ft.
' (b) 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.
' (c) 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.
41
1

(2) Prohibited Signs.
(a) Off -premises signs.
(b) Roof signs.
9.3 Signs in C-1 Zones
(1) Permitted signs.
(a) Identification signs. Not more than 2 signs per principal use not
exceeding a total combined area of 30 sq. ft.
(b) Temporary real estate signs. 1 or more signs with a total combined
surface area not exceeding 10 sq. ft.
(2) Prohibited Signs.
(a) Off -premises signs.
9.4 Signs in C-2 Zones
(1) Permitted Signs.
(a) Identification signs. 1 or more signs with a combined surface area not
exceeding 30 sq. ft.
(b) Temporary real estate signs. 1 or more signs with a total combined
surface area not exceeding 10 sq. ft.
(c) Off -premises signs in accordance with Section 9.5 of this Ordinance.
9.5 Off -Premises Signs
9.5.1 General Provisions for Off -Premises
Following the effective date of this Ordinance, off -premise signs shall not be
erected, or maintained in any zoning district except in compliance with the provisions set
forth in this Section.
(1) Computation of Sign Area. The area of the sign shall be considered to be
that of the smallest rectilinear figure (but which shall have a continuous
perimeter of not more than eight (8) straight lines) which encompasses all
42

I
1
[1
[1
1
1
11
lettering, wording, frame, design, or symbols, together with any background
on which the sign is located and any illuminated part of the sign, if such
background or such illuminated part of the sign is designed as an integral
part of and related to the sign. Any cutouts or extensions shall be included
in the area of a sign, but supports and bracing which are not intended as part
of the sign shall be excluded. In the case of a multi -faced sign, the area of
the sign shall be considered to include all faces visible from one direction.
Where three dimensional figures are used as or on signs, the area shall be
the total of all sides made an integral part of the projected figure used in
conveying the intended message.
(2) Encroachment into the Right -of -Way. No part of any sign shall be located on
or extended into a public right-of-way.
(3) Illumination. Illuminated signs shall be subject to the following conditions: a)
Any light used for the illumination shall be shielded so that the beams or rays
of light will not shine directly into surrounding areas or on the public roadway;
and b) Neither direct nor reflected light from any light source shall create a
traffic hazard or distraction to operators of motor vehicles on public
thoroughfares.
(4) Visibility. No sign or structure shall be erected or maintained to impede safe
and adequate visibility from vehicles or for pedestrians.
(5) Extensions. No extension(s) shall be allowed beyond those dimensions for
the sign area as initially permitted.
Off -premise signs are allowed subject to the restrictions set forth herein.
(1) Size. No off -premise signs shall exceed one hundred fifty (150) square feet
per directional flow of traffic (300 square feet total per sign structure).
A maximum of four (4) faces per sign structure is allowed, positioned either
back to back or v-shaped, such that only two (2) faces are allowed per side.
Both sides of a double-faced or v-shaped sign shall be of equal size. In no
case shall there be more than two faces per directional flow of traffic.
(2) Height. No off -premise sign shall exceed twenty-five (25) feet in height.
M

(3) Spacing.
(a) The minimum distance between any two (2) sign structures shall be ,
one thousand (1,000) linear feet on either side of the same street.
(b) No off -premise sign shall be located within a two hundred (200) foot
radius of a school, place of worship, public park, national park, and/or
forestland(s) or bridge.
(c) No off -premise sign shall be located within seventy-five (75) feet of
any intersection.
(d) No off -premise sign shall be located within a one hundred (100) foot
radius of residentially zoned property.
(e) No off -premise sign shall be located within fifty (50) feet of any
building or on -premise sign.
(4) Setback. Minimum setback distances shall be as follows:
(a) For sign area of 0 to 75 square feet per face - 10 feet.
(b) For sign area of 76 to 150 square feet per face - 20 feet.
For all sign sizes, the minimum setback distances from all other property
lines shall be ten (10) feet.
(5) Both on -premise signs and off -premise signs are prohibited on the same lot.
IJ
1
J
L
II
I
1
44
1

I
' SECTION 10.
1
F
I�
1
1
10.1 Exemptions
OFF-STREET PARKING AND OFF-STREET LOADING
REQUIREMENTS
The off-street parking and loading requirements shall apply to all districts within the Town
of Atkinson.
10.2 General
10.2.1. Off -Street Parking Requirements
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 parking space in the amount specified by this Ordinance.
Such parking space may be provided in a parking garage or properly graded open space.
No off-street parking or loading shall be permitted in a required yard or open space, except
in the case of a single or two (2) family dwelling.
10.2.2. Minimum Parking Requirement
Each application fora building permit 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. Required off-street parking area for three (3) or more automobiles shall
have individual spaces marked, and shall be so designed, maintained, and regulated that
no parking or maneuvering incidental to parking shall be on any public street, walk, or alley,
and so that any automobile may be parked and unparked without moving another. This
information shall be in sufficient detail to enable the Building Inspector to determine
whether or not the requirements of this Ordinance are met. Each automobile parking
space shall have the following minimum dimensions:
Curb Length per
Angle (deqrees)
Stall Width (feet)
Car (feet)
Stall Depth (feet)
0
8
23
8
20
8
23 %
14
30
8
16
16 %z
45
8
11 1 /3
19 1 /6
60
8
9 1 /3
20
70
8
8 %
20 5/6
90
8
8
19
45

I
10.2.3. Combination of Required Parking Space
The required parking space for any number of separate uses may be combined in
one lot but the required space assigned to one use may not be assigned to another use,
except that one half (%) of the parking spaces required for churches, theater, 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.
10.2.4. Remote Parking Space
If the off-street parking space required by this Ordinance cannot be reasonably
provided on the same lot on which the principal use is located, such space may be
provided on any land within four hundred (400) feet of the main entrance to such principal
use.
10.2.5. Separation from Walkways, Sidewalks, and Streets
All parking, loading, and service areas shall be separated from walkways, sidewalks,
and streets by curbing or other suitable protective device to prevent vehicles from intruding
into these areas.
10.3 Minimum Parking Requirements
The following off-street parking space shall be required and maintained:
Agricultural - Livestock and Vegetative
Art Gallery
Assemblies (Assembly Hall, Armory,
Stadium, Coliseum)
Auction Sales
Automatic Teller Machine
Automobile Laundry/Car Wash, Full
Service
One (1) space per400 square feet of gross
floor area.
One (1) space per each 300 square feet of
gross floor area.
One (1) parking space for each four (4)
spectator seats (one seat is equal to two
feet of bench length)
One (1) space per two seats or two per
100 square feet of gross leasable area,
whichever is greater.
Two (2) spaces per machine.
One (1) space for each two (2) employees
on shift of greatest employment, plus one
(1) space for the manager. Plus sufficient
space for twelve (12) stacking/queuing
spaces per day.
[1
1
1
1
46

I
[1
Automobile Laundry/Car Wash, Self
Service
Automobile Parts and Accessory Sales
Automobile Repair and/or Body Work
Automobile Service Station Operations
1
Bank
1
1
Barbering and Hairdressing Services
Bed and Breakfast Inn
Bicycle Sales and Repair
' Bingo Parlor
' Books and Printed Matter, Distribution
Bowling Alley
1
' Cemetery
Churches
Four (4) stacking spaces for each washing
stall, plus two (2) drying spaces for each
washing stall.
One (1) space per each 400 square feet of
leasable area, plus one space for each
employee on the maximum work shift.
One (1) space for each service bay.
1.5 spaces for each fuel nozzle. In
addition, one (1) parking space shall be
provided for each 50 square feet of usable
floor area in the cashier's and office areas.
In no instance shall such a facility provide
less than three parking spaces. In no
instance shall a required parking space or
its maneuvering area conflict with vehicles
being fueled or awaiting fuel.
One (1) space per each 400 square feet of
floor area up to 20,000 square feet, plus
one for each 500 square feet of floor area
in excess of 20,000 square feet.
Two (2) parking spaces per beauty or
barber chair.
One (1) space for every rental room plus
one space for every two (2) permanent
occupants.
Three (3) spaces per 1,000 square feet of
gross floor area.
One (1) space for three seats (based on
design capacity) or one (1) per 100 square
feet of total floor area, whichever is
greater.
4.5 spaces for every 1,000 square feet of
gross floor area.
Three (3) spaces per alley plus
requirements for any other use associated
with the establishment such as restaurant,
etc.
One (1) space per full-time employee.
One (1) parking space for each four (4)
seats in the sanctuary.
47

Clinic Services, Medical and Dental
Day Care Center
Drug and Alcohol Treatment Center
Dry Cleaning and Laundry
Dwelling, Two-family and Multi -family
(including manufactured homes)
Eating and Drinking Facilities
Eating and Drinking Facilities, Fast Food
Four (4) parking spaces for each doctor
plus one (1) parking space for each
employee.
One (1) space for each adult attendant and
one (1) space for every six (6) children or
fraction thereof
One (1) space per two beds and one (1)
space per staff member.
One (1) space for each 200 square feet of
gross floor area used by the general
public.
Two (2) parking spaces on the same lot for
each dwelling unit.
One (1) space for each four (4) seats.
Thirteen (13) spaces per 1,000 square feet
of gross floor area.
Exterminating Services Three (3) spaces per 1,000 square feet of
gross floor area.
Funeral Homes One (1) parking space for each five (5)
seats in the chapel or parlor, plus one (1)
for each funeral vehicle.
Golf Course Twenty-five (25) spaces per nine holes,
plus one space per employee on shift of
greatest employment.
Health Club/Gymnasium One (1) space for each 100 square feet of
gross floor area.
Hospital or Sanitarium Care
Two (2) spaces for each bed.
Industries
One (1) space for every 1.5 employees
during maximum employment, and one (1)
space for every truck to be stored or
stopped simultaneously
Kennel Operations, Care
One (1) space per400 square feet, but no
fewer than four spaces.
Motel, Hotel, or Motor Court Operations
One (1) space for every rental room plus
one space for every two (2) permanent
occupants.
Nursery Operations (Plant)
One (1) space per 1,000 square feet of
total sales area.
11

Nursing Home/Assisted Living
Offices, General or Professional
' Post Office
[l
1
I
Recreation Center
Retail Use Not Otherwise Listed
Schools, Elementary and Junior High
Schools, Senior High
Storage, Self -Service
Swimming Pool
Telecommunication Towers
Theater Productions, Indoor
Theater Productions, Outdoor
Travel Agency
Veterinarian
Wholesale establishments, warehouses,
and other businesses not catering to
retail or package trade
One (1) space per three residents, plus
one additional space for each employee.
One (1) parking space for each three
hundred (300) square feet of gross floor
area.
One (1) space for each 400 square feet of
gross floor area, plus one space per each
two (2) employees on the shift of greatest
employment.
One (1) space for every 100 square feet of
floor area.
One (1) parking space for each three
hundred (300) square feet of gross floor
area.
One (1) parking space for each classroom
and administrative office, plus one (1)
additional parking space for each 100
students.
One (1) parking space for each ten (10)
students for which the building was
designed plus one (1) parking space for
each classroom and administrative office.
One (1) space for each 225 square feet of
gross floor area, plus one (1) space for
each employee.
Two (2) spaces for every 100 square feet
of water area.
Four (4) spaces per 1,000 square feet.
One (1) space for each four (4) seats in the
largest assembly area.
One (1) space for each 45 square feet of
assembly or floor area.
Four (4) spaces per 1,000 square feet.
One (1) space per 500 square feet.
One (1) space for every 1,000 square feet
of gross floor area.
0j

Special situations which are not covered by the above shall be handled by the Board of '
Adjustment. The Board of Adjustment shall make the final determination as to the number ,
of spaces to be required, but shall in all cases give due consideration to the needs therefor.
10.4 Driveways '
10.4.1 General
After the date of passage of this section, only driveways designed, approved, ,
constructed, and surfaced in accordance with the provisions herein shall be allowed to '
provide motor vehicle access to or from any property upon which a building has been
constructed, reconstructed, or physically altered. All driveways shall be paved with either
asphalt or concrete, or with alternative paving material (e.g., concrete pavers, brick, ,
"turfstone" or similar material) determined to exhibit equivalent wear resistance and load
bearing characteristics as asphalt or concrete.
Before a building permit is issued for the construction, reconstruction, or change in ,
use of any building or land used for purposes other than a single or two-family residence, ,
all driveways shall be reviewed and approved by the Zoning Administrator (Building
Inspector). Private driveways serving single-family and two-family dwellings shall not be
regulated by the provision of this Ordinance. "Construction, reconstruction, or change in '
use" refers to those improvements made to the site involving overall structure size or to
changes in use which would require the addition of one or more parking spaces under the
provision of Section 10.3, Off -Street Parking and Off -Street Loading Requirements; it is not '
intended to refer to construction activities which merely involve changes to exterior
architectural features (e.g., painting, addition of siding, roofing activities, etc.).
When the use of any driveway has been permanently discontinued, the property '
owner of that driveway shall, at his expense, replace all necessary curbs, gutters, aprons, '
sidewalks, and appurtenances thereto, within sixty (60) days of receipt of a written notice
from the Zoning Administrator (Building Inspector).
No driveway shall conflict with any municipal facility such as traffic signal standards,
catch basins, fire hydrants, crosswalks, loading zones, bus stops, utility poles, fire -alarm
supports, meter boxes, and sewer clean -outs or other necessary structures, except with ,
the expressed approval of the Zoning Administrator (Building Inspector). Any adjustments
to municipal facilities to avoid such conflicts shall be at the expense of the driveway ,
applicant.
50
'

' SECTION 11. TELECOMMUNICATION TOWER REGULATIONS
' 11.1 Purpose
The purpose of this section is to establish a framework within which to better understand
telecommunication towers. To this end, it has been established that various types of
towers are available and co -location is highly advantageous.
' 11.2 Applicability
This section shall apply to all telecommunication towers locating within the planning and
zoning jurisdiction of the Town of Atkinson after the effective date of passage of this
' Ordinance.
11.3 Where Permitted
' Telecommunication towers shall be permitted in the C-2 zoning district. Transmission
towers may be sited on any held tract of land exceeding one-half (1/2) acre in size. The
' site shall be fenced with an eight (8) foot high fence, landscaped, and buffered by
vegetation intended to grow six (6) feet high and three (3) feet thick.
Towers may be erected on an existing building without a Conditional Use Permit being
issued. The tower shall not exceed forty feet in height.
' 11.4 Type of Tower
' In permitted districts, either a lattice tower or monopole tower is allowed. The Board of
Aldermen will carefully consider the advantages and disadvantages priorto a final decision.
Any erected tower should be of a neutral color. Tower manufacturers shall be required to
' provide evidence of the self -collapsing features of any tower erected.
' 11.5 Co -Location and Height Stipulations
(1) As part of the permit requirement, co -location is mandatory unless the
' applicant can clearly show that such a requirement cannot adequately meet
the projected customer needs.
' (2) As part of the permit requirement the owner(s) of the tower agrees to allow
for the co -location of additional antennas at a reasonable lease rate in the
' future. If a lease agreement cannot be reached by the parties involved,
mediation of a third party shall be attempted. In the event that mediation
fails, a court of competent jurisdiction shall determine the appropriate action.
51

(3) For the purpose of co -location, all towers to be constructed shall be able to '
accommodate a minimum of two (2) cellular antennas and at least one '
personal communication system antenna.
(4) When co -location occurs, there is no necessity for an otherwise required ,
Conditional Use Permit.
(5) . The Town of Atkinson reserves the right to enter into negotiations with the ,
owner of any tower for the purpose of municipal use.
(6) Height shall be limited to a maximum of 200 feet in all districts.
11.6 Supplemental Use of Towers
(1) Adequate provisions by the carrier shall be made to ensure that the
placement of transmitters for emergency services is made available.
(2) No commercial messages shall be placed on any tower.
11.7 Old Towers and Advanced Technology
(1) Abandoned towers (those not used for a period of six months or more) shall ,
be removed by carriers.
(2) Should technology changes render the height of the tower excessive, the
Zoning Enforcement Officer may require that the tower be reduced in height,
replaced, or removed.
11.8 Power Output
It shall be the carrier's responsibility to present evidence that the power output from the
tower does not exceed federally approved levels for exposure to electromagnetic forces.
11.9 Periodic Review of Permits
The permit for the operation of a tower shall be for a period not to exceed seven years.
At the end of each permit period, the tower owner(s) shall submit to the Planning Board
designated technical and market information documenting the continued need forthe tower
and the lowest feasible tower height. If this tower height is seventy percent or less of the
existing height of the tower, the owner shall be required to reduce the tower height to the
lower height.
52

I
11.10 Setbacks
' In addition to the district setback requirement, any tower in excess of seventy-five feet shall
add one additional foot to all setbacks for each foot the tower exceeds 75 feet in height.
F,
53

SECTION 12.
' 12.1 Purpose
VESTED RIGHT PROVISIONS
' The purpose of this section is to provide for the establishment of a zoning vested right, as
created by N.C.G.S. 160A-385.1, upon the approval of a site specific development plan.
1
[1
12.2 Establishment of a Zoning Vested Right
(1) A zoning vested right is established upon the valid approval, or conditional
approval, by the Board of Aldermen or Board of Adjustment, as applicable,
of a site specific development plan, following notice and hearing.
(2) The approving authority may approve a site specific development plan upon
such terms and conditions as may reasonably be necessary to protect the
public health, safety, and welfare.
(3) Notwithstanding subsections (1) and (2), approval of a site specific
development plan with the condition that a variance be obtained shall not
confer a zoning vested right until the necessary variance is obtained.
(4) A site specific development plan is approved upon the effective date of the
approval authority's action or Ordinance relating thereto.
(5) A zoning vested right shall not preclude the application of overlayzoning that
imposes additional requirements but does not affect the allowable type or
intensity of use, or ordinances or regulations that are general in nature and
are applicable to all property subject to land -use regulation by the town,
including, but not limited to, building, fire, plumbing, electrical, and
mechanical codes. Otherwise applicable new or amended regulations shall
become effective with respect to property that is subject to a site specific
development plan upon the expiration or termination of the vested right in
accordance with this section.
(6) A zoning vested right is not a personal right, but shall attach to and run with
the applicable property. After approval of a site specific development plan,
all successors to the original landowner shall be entitled to exercise such
right while applicable.
12.3 Approval Procedures and Approval Authority
(1) Except as otherwise provided in this section, an application for site specific
development plan approval shall be processed in accordance with the
54

I
procedures established by Ordinance and shall be considered by the
designated approval authority for the specific type of zoning or land use
permit or approval for which application is made.
(2) Notwithstanding the provisions of subsection (1), if the authority to issue a
particular zoning or land use permit or approval has been delegated to a
board, committee or administrative official other than the Board of Aldermen
or Board of Adjustment, or other planning agency designated to perform the
duties of the Board of Adjustment, in order to obtain a zoning vested right,
the applicant must request in writing at the time of application that the
application be considered and acted on by the Board of Aldermen or Board
of Adjustment, following public notice and hearing in accordance with
N.C.G.S. 160A-364.
(3) In order for a zoning vested right to be established upon approval of a site
specific development plan, the applicant must indicate at the time of
application, on a form to be provided by the Zoning Administrator (Building
Inspector), that a zoning vested right is sought.
(4) Each map, plat, site plan or other document evidencing a site specific
development plan shall contain the following notation: "Approval of this plan
established a zoning vested right under N.C.G.S. 160A-385.1. Unless
terminated at an earlier date, the zoning vested right shall be valid until
(date)."
(5) Following approval or conditional approval of a site specific development
plan, nothing in this section shall exempt such a plan from subsequent
reviews and approvals to ensure compliance with the terms and conditions
of the original approval, provided that such reviews and approvals are not
inconsistent with the original approval.
(6) Nothing in this section shall prohibit the revocation of the original approval
or other remedies for failure to comply with applicable terms and conditions
of the approval or the Zoning Ordinance.
12.4 Duration
(1) A vested zoning right shall remain vested for a period of two years unless the
period is extended in accordance with subsection (2) below. This vesting
shall not be extended by amendments or modifications to a site specific
development plan unless the approval authority extends it upon approval of
the amendment or modification.
[_1
1
[1
1
U
1
1
40

I
1
E
11
(2) Notwithstanding subsection (1) above, the approval authority may provide
that rights shall be vested for a period exceeding two years, but not
exceeding five years, where warranted by relevant circumstances, including,
but not limited to, the size of the development, the level of investment, the
need for or desirability of the development, economic cycles and market
conditions. These determinations shall be at the sound discretion of the
approval authority at the time the site specific development plan is approved.
(3) Upon issuance of a building permit, the expiration provisions of N.C.G.S.
160A-418 and the revocation provisions of N.C.G.S. 160A-422 shall apply,
except that a building permit shall not expire or be revoked because of the
running of time while a zoning vested right under this section is outstanding.
12.5 Termination
A zoning right that has been vested as provided in this section shall terminate:
(1) At the end of the applicable vesting period with respect to buildings and uses
for which no valid building permit applications have been filed;
(2) With the written consent of the affected landowner;
(3) Upon findings by the Board of Aldermen, by Ordinance after notice and a
public hearing, that natural or man-made hazards on or in the immediate
vicinity of the property, if uncorrected, would pose a serious threat to the
public health, safety, and welfare if the project were to proceed as
contemplated in the site specific development plan;
(4) Upon payment to the affected landowner of compensation for all costs,
expenses, and other losses incurred by the landowner, including, but not
limited to, all fees paid in consideration of financing and architectural,
planning, marketing, legal, and other consultant's fees incurred after
approval by the town, together with interest thereon at the legal rate until
paid. Compensation shall not include any diminution in the value of the
property which is caused by such action;
(5) Upon findings by the Board of Aldermen, by Ordinance after notice and a
hearing, that the landowner or his representative intentionally supplied
inaccurate information or made material misrepresentations which made a
difference in the approval by the approval authority of the site specific
development plan; or
56

(6) Upon the enactment or promulgation of a state or federal law or regulation ,
that precludes development as contemplated in the site specific development ,
plan, in which case the approval authority may modify the affected
provisions, upon a finding that the change has a fundamental effect on the
plan, by Ordinance after notice and a hearing. '
12.6 Voluntary Annexation
A petition for annexation filed with the town under N.C.G.S. 160A-31 or N.C.G.S. 160A- '
58.1 shall contain a signed statement declaring whether any zoning vested right with ,
respectto the properties subjectto the petition has been established under N.C.G.S.160A-
385.1 or N.C.G.S. 153A-344.1. A statement that declares that no zoning vested right has
been established under N.C.G.S. 160A-385.1 or N.C.G.S. 153A-344.1, or the failure to '
sign a statement declaring whether or not a zoning vested right has been established, shall
be binding on the landowner and any such zoning vested right shall be terminated.
12.7 Limitations 1
Nothing in this section shall create any vested right other than those established pursuant t
to N.C.G.S. 160A-385.1.
12.8 Repealer t
In the event that N.C.G.S. 160A-385.1 is repealed, this Section 12 of the Zoning Ordinance ,
shall be deemed repealed.
12.9 Effective Date '
This section shall be effective February 1, 2001, and shall only apply to site specific ,
development plans approved on or after February 1, 2001.
1
57
,

I
1
1
I
1
LJ
1
SECTION 13. NONCONFORMING SITUATIONS
13.1 Continuation of Nonconforming Situations and Completion of Nonconforming
Projects
Nonconforming situations that were otherwise lawful on the effective date of this Ordinance
may be continued, subject to the restrictions and qualifications set forth in Subsections
13.2 through 13.3 of this Section.
Nonconforming projects may be completed only in accordance with the provisions of
Section 13.6 of this Section.
13.2 Nonconforming Lots
(1) When a nonconforming lot can be used in conformity with all of the
regulations (other than the area or width requirements) applicable to the
district in which the lot is located, such a use may be made a use by right.
Otherwise, the nonconforming lot may be used only in accordance with a
conditional use permit issued by the Board of Adjustment. The Board shall
issue such a permit if it finds that (a) the proposed use is one permitted by
the regulations applicable to the district in which the property is located, and
(b) the property can be developed as proposed without any significant
negative impact on the surrounding property or the public health, safety, or
welfare. In issuing the permit authorized by this paragraph, the Board may
allow deviations from applicable dimensional requirements (such as setback
lines and yard size minimums) if it finds that no reasonable use of the
property can be made without such deviations.
(2) Whenever this Ordinance creates a nonconforming lot and the owner of the
nonconforming lot also owns land adjacent to it, and a portion of this other
land can be combined with the nonconforming lot to create a conforming lot
(without hereby creating other nonconformities), the owner of the
nonconforming lot, or his successor in interest, may not take advantage of
the provisions of paragraph (1) of this Subsection.
13.3 Extension or Enlargement of Nonconforming Situations
(1) Except as specifically provided in this subsection, it shall be unlawful for any
person to engage in any activity that causes an increase in the extent of
nonconformity of a nonconforming situation.
1

I
(2) Subject to paragraph (4) of this subsection, a nonconforming use may be
extended throughout any portion of a completed building that, when the use
was made nonconforming by this Ordinance, was manifestly designed or
arranged to accommodate such use. However, subject to Subsection 13.6
of this Subsection (authorizing the completion of nonconforming projects in
certain circumstances), a nonconforming use may not be extended to
additional buildings or to land outside the original building.
(3) Subject to Section 13.6 of this Subsection (authorizing the completion of
nonconforming projects in certain circumstances), a nonconforming use of
open land may not be extended to cover more land than was occupied by
that use when it became nonconforming, except that a use that involves the
removal of natural materials from the lot (e.g., quarry) may be expanded to
the boundaries of the lot where the use was established at the time it
became nonconforming, if ten (10) percent or more of the earth products had
already been removed at the effective date of this Ordinance.
(4) The volume, intensity, or frequency of use of property where a
nonconforming situation exists may be increased and the equipment or
processes used at a location where a nonconforming situation exists may be
changed if these or similar changes amount only to changes in the degree
of activity rather than changes in kind, and no violations of other paragraphs
of this section occur.
1
t
1
1
1
1
1
I
(5) Physical alteration of structures or the placement of new structures on open 1
land are unlawful if they result in:
(a) An increase in the total amount of space devoted to a nonconforming
use;
(b) Greater nonconformity with respect to dimensional restrictions such
as yard requirements, height limitations, or density requirements; or
(c) The enclosure of previously unenclosed areas, even though those
areas were previously used in connection with the nonconforming
activity. An area is unenclosed unless at least 75 percent of the
perimeter of the area is marked by a permanently constructed wall or
fence.
(6) Minor repairs to and routine maintenance of property where nonconforming
situations exist are permitted and encouraged. Major renovation -- i.e., work
estimated to cost more than ten (10) percent of the appraised value of the
structure to be renovated (and not required by the partial or total destruction
I
I
1
1
59

I
1
[1
[1
I
1
of a structure [see paragraph 8]) -- may be done pursuant to a conditional
use permit issued by the Board of Adjustment. The Board of Adjustment
shall issue such a permit if it finds that the work will not result in a violation
of any other paragraphs of this section (particularly paragraph 5) or make the
property more incompatible with the surrounding neighborhood.
(7) Notwithstanding paragraph (5), any structure used for single-family
residential purposes and maintained as a nonconforming use may be
replaced with a similar structure of a larger size, so long as the replacement
does not create new nonconformities or increase the extent of existing
nonconformities with respect to yard size and setback requirements. In
particular, a manufactured home may be replaced with a larger
manufactured home, and a "single -wide" manufactured home may be
replaced with a "double -wide." This paragraph is subject to the limitations
stated in Section 13.5 on abandonment and discontinuance of
nonconforming situations.
(8) A structure that is nonconforming in any respect or a structure that is used
in a nonconforming manner may be reconstructed or replaced if partially or
totally destroyed, subject to the following restrictions:
(a) The total amount of space devoted to a nonconforming use may not
be increased, except that a larger, single-family residential structure
may be constructed in place of a smaller one and a larger
manufactured home intended for residential use may replace a
smaller one;
(b) The reconstructed building may not be more nonconforming with
respect to dimensional restrictions such as yard requirements, height
limitations, or density requirements, and such dimensional
nonconformities must be eliminated if that can reasonably be
accomplished without unduly burdening the reconstruction process or
limiting the right to continue the nonconforming use of such building;
(c) The reconstructed building may not enclose areas that were
previously unenclosed, even though those areas were used in
connection with the nonconforming activity. An area is unenclosed
unless at least 75 percent or more of the perimeter of the area is
marked by a permanently constructed wall or fence.
(9) Except for single-family residential structures (including manufactured
homes), if the estimated cost of the reconstruction work exceeds ten (10)
percent of the appraised value of the structure, the work may be done only
6

I
after issuance of a permit by the Board of Adjustment. The Board shall issue '
the conditional use permit if it finds that the work will be done in accordance ,
with this paragraph and that the reconstructed building will not make the
property more incompatible with the surrounding property than it was before
the destruction occurred.
13.4 Change in Kind of Nonconforming Use
(1) A nonconforming use may be changed to a conforming use. Thereafter, the ,
property may not revert to a nonconforming use. ,
(2) A nonconforming use may be changed to another nonconforming use only
in accordance with a conditional use permit issued by the Board of ,
Adjustment. The Board shall issue such a permit if it finds that the proposed
use will be more compatible with the surrounding neighborhood than the use
or combination of uses in operation at the time the application is made for '
the permit.
13.5 Abandonment or Discontinuance of Nonconforming Situations '
(1) When a nonconforming use is (a) discontinued for a consecutive period of '
180 days, or (b) discontinued for any period of time without a present
intention to reinstate the nonconforming use, the property involved may
thereafter be used only for conforming purposes, except as provided in '
paragraph (2) of this subsection.
(2) The Board of Adjustment may issue a conditional use permit to allow a '
nonconforming use that has been discontinued for more than 180
consecutive days to be reinstated if it finds that (a) the nonconforming use
has been discontinued for less than two years, and (b) the discontinuance ,
resulted from factors that, for all practical purposes, were beyond the control
of the person maintaining the nonconforming use. '
(3) If the principal activity on the property where a nonconforming situation other
than a nonconforming use exists is (a) discontinued fora consecutive period
of 180 days, or (b) discontinued for any period of time without a present
intention of resuming that activity, then that property may thereafter be used ,
only in conformity with all of the regulations applicable to the district in which
the property is located, unless the Board of Adjustment issues a conditional
use permit to allow the property to be used (for a conforming purpose) '
without correcting the nonconforming situation. The Board shall issue such
a permit if it finds that (a) the nonconforming situation cannot be corrected
without undue hardship or expense, and (b) the nonconforming situation is '
61 1

I
[1
1
1
1
F
1
0
of a minor nature that does not adversely affect the surrounding property or
the general public to any significant extent.
(4) For purposes of determining whether a right to continue a nonconforming
situation is lost pursuant to this subsection, all of the buildings, activities, and
operations maintained on a lot are generally to be considered as a whole.
For example, the failure to rent one apartment in a nonconforming apartment
building or one space in a nonconforming manufactured home park for 180
days shall not result in a loss of the right to rent that apartment or space
thereafter so long as the apartment building or manufactured home park as
a whole is continuously maintained. But if a nonconforming use is
maintained in conjunction with a conforming use, discontinuance of a
nonconforming use for the required period shall terminate the right to
maintain it thereafter. And so, if a manufactured home is used as a
nonconforming use on a residential lot where a conforming residential
structure also is located, removal of that manufactured home for 180 days
terminates the right to replace it.
(5) When a structure or operation made nonconforming by this Ordinance is
vacant or discontinued at the effective date of this Ordinance, the 180-day
period for purposes of this subsection begins to run at the effective date of
this Ordinance.
13.6 Completion of Nonconforming Projects
(1) All work on any nonconforming project shall cease on the effective date of
this Ordinance, and all permits previously issued for work on nonconforming
projects shall be revoked as of that date. Thereafter, work on nonconforming
projects may begin, or may be continued, only pursuant to a conditional use
permit issued by the Board of Adjustment (except as provided in paragraph
(2) of this section). The Board shall issue such a permit if it finds that the
applicant has in good faith made substantial expenditures or incurred
substantial binding obligations or otherwise changed his position in some
substantial way in reasonable reliance on the land use law as it existed
before the effective date of this Ordinance and thereby would be
unreasonably prejudiced if not allowed to complete his project as proposed.
In considering whether these findings may be made, the Board shall.be
guided by the following:
(a) All expenditures made pursuant to a validly issued and unrevoked
building or zoning permit shall be considered as evidence of
reasonable reliance on the land use law that existed before this
Ordinance became effective.
62

C]
(b) Except as provided in subparagraph (a) of this paragraph, no
expenditures made more than 180 days before the effective date of
this Ordinance shall be considered as evidence of reasonable
reliance on the land use law that existed before this Ordinance
became effective. An expenditure is made at the time a party incurs
a binding obligation to make that expenditure.
(c) To the extent that expenditures are recoverable with a reasonable
effort, a party shall not be considered prejudiced by having made
those expenditures. For example, a party shall not be considered
prejudiced by having made expenditure to acquire a potential
development site if the property obtained is just as valuable under the
new classification as it was under the old, or the expenditure can be
recovered by resale of the property.
(d) An expenditure shall be considered substantial if it is significant both
in dollar amount and in terms of (1) the total estimated cost of the
proposed project, and (2) the ordinary business practices of the
developer.
(e) A person shall be considered to have acted in good faith if actual
knowledge of a proposed change in the land use law affecting the
proposed development site could not be attributed to him.
(f) Even though a person had actual knowledge of a proposed change
in the land use law affecting a development site, the Board may still
find that he acted in good faith if he did not proceed with his plans in
a deliberate attempt to circumvent the effects of the proposed
ordinance. The Board may find that the developer did not proceed in
an attempt to undermine the proposed ordinance if it determines that
(1) at the time the expenditures were made, either there was
considerable doubt about whether any ordinance would ultimately be
passed, or it was not clear that the proposed ordinance would
ultimately be passed, or it was not clear that the proposed ordinance
would prohibit the intended development; and (2) the developer had
legitimate business reasons for making expenditures.
(2) The requirements of paragraph (1) of this section shall not apply to a
nonconforming project if the Building Inspector certifies that actual
construction of that project began at least 180 days before the effective date
of this Ordinance and that the work is at least 75 percent complete at the
effective date of this Ordinance.
1
1
1
I
LJI
J
1
1
J
IJ
1
1
E
1
1
1
1
63
1

t
1
I
11
(3) The Board of Adjustment shall not consider any application for a conditional
use permit authorized by paragraph (1) of this subsection that is submitted
more than 60 days after the effective date of this Ordinance, unless it waives
this requirement for good cause shown.
(4) If the Board of Adjustment issues a conditional use permit pursuant to
paragraph (1) of this section, it may attach such reasonable conditions to the
permit as it finds necessary to reduce the extent to which the nonconforming
project is incompatible with the surrounding neighborhood. In particular, the
Board may require that work on the nonconforming project be continuously
maintained, if possible, and that the project be completed as expeditiously
as possible.
(5) The Building Inspector shall send copies of this subsection to the owners
(and developers, if different from the owners) of all properties in regard to
which permits have been issued for nonconforming projects or in regard to
which a nonconforming project is otherwise known to be under construction.
This notice shall be sent by registered mail not less than fifteen days before
the effective date of this Ordinance.
(6) The Board of Adjustment shall establish expedited procedures for hearing
applications for conditional use permits under this subsection. These
applications shall be heard, whenever possible, before the effective date of
this Ordinance, so that construction work is not needlessly interrupted.
(7) When it appears from the developer's plans or otherwise that the
nonconforming project was intended to be or reasonably could be completed
in stages, segments orother discreet units, the Board of Adjustment shall not
allow the nonconforming project to be constructed or completed in a fashion
that is larger or more extensive than is necessary to allow the developer to
recoup and obtain a reasonable rate of return on the expenditures he has
made in connection with that nonconforming project.
m

11
L
SECTION 14. ADMINISTRATIVE AND LEGAL PROVISIONS
14.1 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 Section
15.9.
14.2 Building Permits
(1) 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.
(2) 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 fora variance, the Building Inspector shall forthwith transmit all of the
papers pertaining to the application to the Board of Adjustment for its action.
14.3 Certificates of Occupancy
After the effective date of this Ordinance, it shall be unlawful to change or commences 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.
' 14.4 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.
65

14.5 Building Permit Issued Prior to Adoption of this Ordinance.
Nothing herein contained shall require any change in the plans, construction, 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.
14.6 Changes and Amendments
The Board of Aldermen motion or upon petition, after public notice and hearing, amend,
supplement, change, modify or repeal the regulations or maps herein or subsequently
established, subject to the rules and procedures established by law and more specifically
established in the following subsections:
(1) 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.
(2) 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 action
taken and shall maintain a permanent record of all such actions.
(3) 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.
1
1

(4) All applications foramending the zoning ordinance ormap shall be submitted
in duplicate to the Building Inspector on forms supplied by the Building
Inspector.
(5) 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) 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.
14.7 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 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 imposed or required by other ordinances, rules, regulations or by easements,
covenants or agreements, the provisions of this Ordinance shall govern.
14.8 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.
67

14.9 Penalty
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.
14.10 Effective Date
This Ordinance, including the Zoning Map, shall take effect from and after the date of its
adoption by the Board of Aldermen.

I
I
1
1
[_1
11
[1
I
11
SECTION 15. BOARD OF ADJUSTMENT
15.1 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.
15.2 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.
15.3 Length of Terms
Each member shall be appointed for a term of three years.
15.4 Vacancies
Vacancies occurring for reasons other than expiration of terms shall be filled as they occur
for the period of the unexpired term.
15.5 Compensation
The members of the Board shall receive no compensation for their services.
15.6 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.
15.7 Conduct of Meetings
All hearing of the Board shall be opened 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.
.•

I
'
15.8 Disposition of Appeals
The final disposition of each appeal shall be by recorded resolution indicating the reasons
,
of the Board therefor based on findings of fact and conclusions of law, all of which shall
be a public record.
'
15.9 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, department, 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.
'
15.10 Powers of the Board of Adjustment
The Board shall have the following powers:
'
(1) 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, requirement, decision, or determination of the Building ,
Inspector.
(2) 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 otherwise '
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 airto 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.
70 1

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 circumstances
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 characteristics of
the property and not to the general conditions of the neighborhood 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 granting a variance.
[J
1
15.11 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.
71

Town of Atkinson Zoning Map
The preparation of this document a in part through a
grant provided by the North Carolinaina Coastal Management
Program, through funds provided by the Coastal Zone Management
Act of 1971, as amended, which is administered by the Office
of Ocean and Coastal Resource Management, National Oceanic and
Atmospheric Administration. 800 0 800
Feet
,*' Corporate Limit Line
Zone
G2
R-15

Town of Atkinson Zoning Map
The preparation of this document was financed in part through a
grant provided by the North Carolina Coastal Management
Program, through funds provided by the Coastal Zone Management
Act of 1972, as amended, which is administered by the Office
of ocean and Coastal Resource Management, National Oceanic and
Atmospheric Administration. 800
0 800 Feet
.. %#' Corporate Limit Line
Zone
0 CZ
R-15

DIVISION OF
COASTAL MANAGEMENT

Town of Atkinson Zoning Map
The preparation of this document was financed in part through a
grant provided by the North Carolina Coastal Management
Program, through funds provided by the Coastal Zone Management
Act of 1972, as amended, which is administered by the Office
of Ocean and Coastal Resource Management, National Oceanic and
Atmospheric Administration. 800
0 800 Feet
j. 4* ♦ *' Corporate Limit Line
Zone
0 C-2
0 R-15

GOPg'CP�

Town of Atkinson Zoning Map
The preparation of this document was financed in part through a
grant provided by the North Carolina Coastal Management
Program, through funds provided by the Coastal Zone Management
Act of 1972. as amended, which is administered by the Office
of Ocean and Coastal Resource Management, National Oceanic and
AtmosphericAdministration. 800 0 800 Feet
4# ♦ .0' Corporate Limit Line
Zone
G2
R-15

DIVISION OF
COASTAL MANAGEMENT

Town of Atkinson Zoning Map
The preparation of this document was financed in part through a
grant provided by the North Carolina Coastal Management
Program, through funds provided by the Coastal Zone Management
Act of 1971, as amended, which is administered by the office
of Ocean and Coastal Resource Management, National Oceanic and
Atmospheric Administration. 800 0 800
Feet
.' Corporate Limit Line
Zone
C?
R-15

O\ J\SN�P PGE
GOPg�(P�'