Code of Ordinances-1998

1 /`i9.p -
DCM COPY
Please do not remove.
1 �o
' Division of Coastal Management Copy
g
1
1
1
1
TOWN OF AURORA
CODE OF ORDINANCES
1
1
1
1
1
1
1
1
The preparation of this report and accompanying maps was financed in part through a
grant provided by the North Carolina Coastal Management Program, through funds
1 provided by the Coastal Zone Management Act of 1972, as amended, which is
administered by the Office of Ocean and Coastal Resource Management, National
1 Oceanic and Atmospheric Administration.

TOWN OF AURORA
NORTH CAROLINA
CODE OF ORDINANCES
PART 9
PLANNING AND REGULATION
OF DEVELOPMENT
Chapter
1.
Extraterritorial Boundaries
Chapter
2.
Building and Housing Regulations
Chapter
3.
Subdivision Regulations
Chapter
4.
Zoning
Chapter
5.
Mobile Homes and Trailer Parks
Technical Assistance by:
The Mid -East Commission
P.O. Box 1787
Washington, North Carolina 27889
[phone]
Joseph G. Dooley, Jr., Planner-in-Charge/Planning Director
Gail Pinkham, Administrative Assistant

TOWN OF AURORA
CHAPTER 1
EXTRATERRITORIAL BOUNDARIES

CHAPTER 1
EXTRATERRITORIAL BOUNDARIES
Section 9-1001 Town Boundaries.
Section 9-1002 Extraterritorial Jurisdiction.
Section 9-1003 Town Clerk to maintain map.
Section 9-1001 Town Boundaries
The Town hereby establishes boundaries for the extraterritorial enforcement of the
following ordinances:
(1) Town Zoning Ordinance;
(2) Town Subdivision Regulations;
(3) N.C. State Building Code. (Ord. of 2/23/77, Sec. 1)
State Law Reference: Extraterritorial Jurisdiction, G.S. 160A-360.
Section 9-1002 Extraterritorial Jurisdiction
The boundaries are described below and delineated on the face of a map, entitled
"Extraterritorial Jurisdiction of the Town of Aurora," which is hereby adopted by reference.
(Ord. of 2/23/77, Sec. 2)
Section 9-1003 Town Clerk to maintain map
The official copy of this chapter and map shall be on record in the office of the town clerk
for public inspection during normal business hours. The town clerk shall cause signs, signpost,
or similar readily identifiable markers to be installed at all points of intersection of the
described boundary with all roads, streets, and highways. (Ord. of 2/23/77, Sec. 3)
1

TOWN OF AURORA
CHAPTER 2
BUILDING AND HOUSING REGULATIONS

TABLE OF CONTENTS
ARTICLE A ADOPTION OF REGULATORY CODES OF REFERENCE..................1
Section 9-2001 Scope of ordinance and codes...............................................................1
Section
9-2002
Building code adopted ........................................................................... 1
'
Section
9-2003
Plumbing code adopted.. . 1
Section
9-2004
Heating code adopted............................................................................ 1
Section
9-2005 Electrical code adopted......................................................................... 1
'
Section
9-2006 Residential building code .......................... . 2
Section
9-2007 Amendments to codes........................................................................... 2
Section
9-2008 Compliance with codes..............................:.......................................... 2
'
Section
9-2009 Copies of codes filed with clerk............................................................ 2
Section
9-2010 through 9-2020 Reserved........................................................................... 3
ARTICLE B
INSPECTION DEPARTMENT.................................................................... 4
Section
9-2021 Organization of department................................................................... 4
Section
Section
9-2022 General duties of department and inspectors ........................................ 4
9-2023 Conflicts of interest............................................................................... 4
Section
9-2024 Reports and records............................................................................... 4
'
Section
9-2025 through 9-2040 Reserved........................................................................... 4
ARTICLEC
ENFORCEMENT........................................................................................... 5
'
Section
9-2041 through 9-2060 Reserved. (As provided in
North Carolina Building Code.)............................................................ 5
ARTICLE D
CONDEMNATION, REPAIR, AND DEMOLITION
OF UNSAFE BUILDINGS................................................................... ..... 6
Section
9-2061 Duty of inspection department.............................................................. 6
'
Section
ARTICLE E
9-2062 through 9-2070 Reserved........................................................................... 6
ENFORCEMENT OF ZONING ORDINANCE .......................................... 7
' Section 9-2071 Duty of inspection department. (See Chapter 4, Zoning.) ................... 7
Section 9-2072 through 9-2080 Reserved........................................................................... 7
' ARTICLE F ENFORCEMENT OF UNIFORM STANDARDS CODE
FORMOBILE HOMES................................................................................. 8
Section 9-2081 Duty of inspection department. (See Chapter 5,
' Mobile Homes and Trailer Parks.)........................................................ 8
Section 9-2082 through 9-2090 Reserved............................................................................ 8
ARTICLE G CLOSING OF ABANDONED STRUCTURES ........................................... 9
' Section 9-2091 Finding; intent....................................................................................... 9
Section 9-2092 Definitions.............................................................................................9
Section 9-2093 Duties of the housing inspector/property maintenance inspector......... 9
Section 9-2094 Powers of the housing inspector/property maintenance inspector........ 9
Section 9-2095 Standards for enforcement................................................................... 10
' Section 9-2096 Procedure for enforcement.................................................................. 10

0
TABLE OF CONTENTS
(Continued)
Section 9-2097 Violation; penalty................................................................................ 11
' Section 9-2098 through 9-2110 Reserved.........................................................................11
ARTICLE H MINIMUM HOUSING STANDARDS.......................................................12
Section
9-2111
Finding; purpose
'
Section
9-2112
Definitions. ..................................................................................12
12
Section
9-2113
Minimum standards of fitness for dwellings and dwelling units.._ ......
14
Section
9-2114
Minimum standards for structural condition .......................................
14
'
Section
9-2115
Minimum standards for basic equipment and facilities ......................
15
Section
9-2116
Minimum standards for ventilation.....................................................
15
Section
9-2117
Minimum standards for space, use, and location ................................
16
Section
9-2118
Minimum standards for safe and sanitary maintenance ......................
17
Section
9-2119
Minimum standards for control of insects, rodents, and infestations.
17
'
Section
9-2120
Minimum standards applicable to rooming houses; exceptions . ........
18
Section
9-2121
Responsibilities of owners and occupants...........................................19
Section
9-2122
Duties of housing inspector/property maintenance inspector.............19
'
Section
9-2123
Powers of housing inspector/property maintenance inspector ............
19
Section
9-2124
Inspections; duty of owners and occupants .........................................
20
Section
9-2125
Procedure for enforcement..................................................................
20
'
Section
9-2126
Methods of service of complaints and orders .....................................
22
Section
9-2127
In rem action by inspector; placarding................................................
22
Section
Section
9-2128
9-2129
Costs, a lien on premises.....................................................................
Alternative remedies...........................................................................
23
23
Section
9-2130
Zoning board of adjustments to hear appeals ......................................
23
'
Section
Section
9-2131
9-2132
Conflict with other provisions.............................................................
Violations; penalty..............................................................................
23
23
,Section
9-2133
Severability.........................................................................................24
I
' ii

ARTICLE A ADOPTION OF REGULATORY CODES OF REFERENCE
Section 9-2001 Scope of ordinance and codes
'
The provisions of this chapter and of the regulatory codes herein adopted shall apply to
the following:
(1) The location, improvement, change(s), design, materials, equipment, construction,
reconstruction, alteration, . repair, maintenance, moving, demolition, removal, use, and
occupancy of every building or structure, or any appurtenances connected or attached to the
'
building or structure;
(2) The installation, erection, improvement, change(s), alteration, repair, use and
maintenance of plumbing systems consisting of house sewers, building drains, waste and vent
'
systems, hot and cold water supply systems, and all fixtures and appurtenances thereof;
(3) The installation, erection, improvement, change(s), alteration, repair, use and
'
maintenance of mechanical systems consisting of heating, ventilating, air conditioning, and
fuel burning equipment, and appurtenances thereof;
refrigeration systems,
(4) The installation, erection, improvement, change(s), alteration, repair, use and
maintenance of electrical systems and appurtenances thereof.
Section 9-2002 Building code adopted.
'
The current edition of the North Carolina State Building code (Volume I, General
Construction), as adopted by the North Carolina Building Code Council and as amended and
'
supplemented, is hereby adopted by reference as fully as though set forth herein. (Southern
Building Code)
' Section 9-2003 Plumbing code adopted.
The current edition of the North Carolina Plumbing Code (North Carolina State Building
I code, Volume II, Plumbing), as adopted by the North Carolina Building Code Council and as
amended and supplemented, is hereby adopted by reference as fully as though set forth herein.
Section 9-2004 Heating code adopted.
The current edition of the North Carolina Heating Code (North Carolina State Building
' Code, Volume III, Heating), as adopted by the North Carolina Building Code Council and as
amended and supplemented, is hereby adopted by reference as fully as though set forth herein.
' Section 9-2005 Electrical code adopted.
The current edition of the North Carolina Electrical Code (North Carolina State Building
' Code, Volume IV, Electrical) , as adopted by the North Carolina Building Code Council and
as amended and supplemented, is hereby adopted by reference as fully as though set forth
herein.

' Section 9-2006 Residential building code.
The current edition of the North Carolina Uniform Residential Building Code (North
' Carolina State Building Code, Volume'I-B, Residential), as adopted by the North Carolina
Building Code Council is hereby adopted, amended, and supplemented, by reference as fully
as though set forth herein.
Section 9-2007 Amendments to codes.
Amendments and supplements to the regulatory codes adopted by reference herein, which
are from time to time adopted, supplemented, and published by the agencies or organizations
referred to herein shall be effective in the town at the time the amendments are filed with the
'
town clerk or building inspector as provided in section 9-2009.
Section 9-2008 Compliance with codes.
(a) All buildings or structures which are hereafter constructed, reconstructed,
improved, changed, erected, altered, extended, enlarged, repaired, demolished, or moved shall
'
conform to the requirements minimum standards, and other provisions of either the North
Carolina State Building code, General Construction, Volume I of the North Carolina State
Building Code, Volume I-B, Residential, as amended and supplemented, whichever is
applicable, or of both if both are applicable.
(b) Every building or structure intended for human habitation, occupancy, or use shall
have plumbing, ' plumbing systems, or plumbing fixtures installed, constructed, altered,
'
extended, repaired, or reconstructed in accordance with the minimum standards, requirements,
and other provisions of the North Carolina Plumbing Code (North Carolina State Building
Code,,Volume II, Plumbing), as amended and supplemented.
(c) All mechanical systems consisting of heating, ventilating, air conditioning, and
refrigeration systems, fuel burning equipment, and appurtenances shall be installed, erected,
altered, repaired, used and maintained in accordance with the minimum standards,
'
requirements, and other provisions of the North Carolina Heating Code (North Carolina State
Building Code, Volume III, Heating) as amended and supplemented.
'
(d) All electrical wiring, installations and appurtenances shall be erected, altered,
repaired, used, and maintained in accordance with the minimum standards, requirements, and
other provisions of the North Carolina Electrical Code (North Carolina State Building Code,
1
Volume IV, Electrical) as amended and supplemented.
Section 9-2009 Copies of codes filed with clerk.
'
An official copy of each regulatory code adopted herein, and official copies of all
amendments thereto, shall be kept on file in the office of the town clerk or county building
inspector. These copies shall be the official copies of the codes, amendments and
'
supplements.
' State Law Reference: State Building Code enforcement, G.S. 143-136, et seq.

Section 9-2010 through 9-2020 Reserved.
3

' ARTICLE B INSPECTION DEPARTMENT
Building inspections and permits to be issued by Beaufort County, effective July 1, 1985.
' Zoning compliance certificate to be issued by the Town.
Section 9-2021 Organization of department.
1
(a) The inspection department of the town shall consist of the housing
inspector/property maintenance inspector, and may also include such inspectors or deputy or
' assistant inspectors as may be authorized by the governing body. The board may in its
discretion designate a department head.
' (b) Beaufort County is authorized to enforce the electrical, plumbing and building
codes within the town limits.
' Section 9-2022 General duties of department and inspectors.
It shall be the duty of the inspection department to enforce all of the provisions of this
chapter and of the regulatory codes adopted herein, except as herein otherwise provided, and
to make all inspections necessary to determine whether or not the provisions of this chapter
and the codes are being met.
Section 9-2023 Conflicts of interest.
No officer or employee of the inspection department shall be financially interested,
directly or indirectly, in furnishing of labor, material, or appliances for the construction,
alteration, or maintenance of a building or any part thereof, or in the making of plans or
specifications therefor, unless he/she is the owner of the building. No officer or employee of
the inspection department shall engage in any work, which is inconsistent with his/her duties
or with the interests of the town.
' Section 9-2024 Reports and records.
The inspection department, and each inspector, shall keep complete, permanent, and
accurate records in convenient written form of all applications received, permits issued,
inspections and reinspections made, as well as all sanctions recommended/imposed, and all
other work and activities of the inspection department. Periodic reports shall be submitted to
the board and to other agencies, as required.
Section 9-2025 through 9-2040 Reserved.

1
1
1
1
1
1
1
1
1
i
1
1
1
1
1
1
1
1
1
ARTICLE C ENFORCEMENT
Section 9-2041 through 9-2060 Reserved.
5

ARTICLE D CONDEMNATION, REPAIR, AND DEMOLITION OF UNSAFE
BUILDINGS
Section 9-2061 Duty of inspection department.
The inspection department shall be charged with enforcing the provisions of G.S.
160A-426 through G.S. 160A-434, relating to the condemnation, repair and demolition of
unsafe buildings, upon the direction of the board.
Section 9-2062 through 9-2070 Reserved.
C

1
1
1
1
1
1
1
1
1
1
1
1
1
ARTICLE E ENFORCEMENT OF ZONING ORDINANCE
Section 9-2071 Duty of inspection department.
(a) If any inspection department is charged with enforcement of the zoning ordinance,
then no permit for alteration, repair, or construction of any building or structure shall be
issued by Beaufort County unless the plans and specifications show that the building or
structure, and its proposed use, will be in compliance with applicable provisions of the town
zoning ordinance.
(b) If the inspection department is not charged with enforcement of the zoning
ordinance, then no permit for alteration, repair, or construction of any building or structure
shall be issued until a zoning permit has first been issued by the appropriate official charge
with enforcement of the town zoning ordinance.
Section 9-2072 through 9-2080 Reserved.
7

ARTICLE F ENFORCEMENT OF UNIFORM STANDARDS CODE FOR
MOBILE HOMES
Section 9-2081 Duty of inspection department.
The inspection department shall, upon the direction of the board, be responsible for
enforcing the North Carolina Uniform Standards Code for Mobile Homes (Article 9A of
Chapter 143 of the General Statutes), including any design and construction standards
incorporated therein by reference.
Section 9-2082 through 9-2090 Reserved.
8

ARTICLE G CLOSING OF ABANDONED STRUCTURES
'
Section 9-2091 Finding; intent.
It is hereby found that there exist within the town abandoned structures which the town
board of commissioners finds to be hazardous to the health, safety and welfare of the residents
'
of the town due to (i) the attraction of insects or rodents, (ii) conditions creating a fire hazard,
(iii) dangerous conditions constituting a threat to children, or (iv) frequent use by vagrants as
living quarters in the absence of sanitary facilities. Therefore, pursuant to the authority
'
granted by G.S. 160A-441, as amended and supplemented, it is the intent of this article'to
provide for the repair, closing or demolition of any such abandoned structures in accordance
'
with the same provisions and procedures as are set forth in sections 9-2125 through 9-2130 of
the article establishing minimum housing standards for the town for the repair, closing or
demolition of dwellings unfit for human habitation. (Ord. of 5/18/76, Sec.1, as amended and
'
supplemented)
Section 9-2092 Definitions.
'
The same definitions contained in section 9-2112 article H, Minimum Housing Standards,
shall apply in the interpretation and enforcement of this article. (Ord. of 5/18/76, Sec. 2, as
'
amended and supplemented)
Section 9-2093 Duties of the housing inspector/property maintenance
'
inspector.
The housing inspector/property maintenance inspector is hereby designated as the town
'
officer to enforce the provisions of this article. It shall be the duty of the housing
inspector/building maintenance inspector:
(1) To locate abandoned structures within the town and determine which structures are
'
in violation of this article;
(2) To take such action pursuant to this article as may be necessary to provide for the
repair, closing or demolition of such structures;
'
(3) To keep an accurate record of all enforcement proceedings begun pursuant to the
provisions of this article; and
(4) To perform such other duties as may be prescribed herein or assigned to him by
'
the town board of commissioner of the Town of Aurora. (Ord. of 5/18/76, Sec. 3, as amended
and supplemented)
'
Section 9-2094 Powers of the housing inspector/property maintenance
inspector.
The housing inspector/property maintenance inspector is authorized to exercise such
powers as may be necessary to carry out the intent and the provisions of this article, including
i
the following powers in addition to others herein granted:
9

(1) To investigate the condition of buildings within the town in order to determine
'
which structures are abandoned and in violation of this article;
(2) To enter upon premises for the purpose of making inspections;
(3) To administer oaths and affirmations, examine witnesses, and receive evidence;
and
'
(4) To designate such other officers, agents and employees of the town as he deems
necessary to carry out the provisions of this article. (Ord. of 5/18/76, Sec. 4, as amended and
'
supplemented)
Section 9-2095 Standards for enforcement.
(a) Every abandoned structure within the town shall be deemed in violation of this
article whenever such structure constitutes a hazard to the health, safety or welfare of the
'
town citizens as a result of:
(1) The attraction of insects or rodents;.
(2) Conditions creating a fire hazard;
'
(3) Dangerous conditions constituting a threat to children; or
(4) Frequent use by vagrants as living quarters in the absence of sanitary facilities.
(b) In making the preliminary determination of whether or not an abandoned structure
'
is in violation of this ordinance, the housing inspector/property maintenance inspector may,
by way of illustration and not limitation, consider the presence or absence of the following
conditions:
'
(1) Holes or cracks in the structure's floors, walls, ceilings or roof which might attract
or admit rodents and insect;
(2) The collection of garbage or rubbish in or near the structure, which might attract
'
rodents and insects, or become breeding places for rodents and insects;
(3) Violations of the State Building Code, the State Electrical Code,the Fire
Prevention Code, or violations of article H of this code, which constitute a fire hazard in such
'
structure;
(4) The collection of garbage, rubbish or combustible material which constitute a fire
hazard in such structure;
'
(5) The use of such structure or nearby grounds or facilities by children as a play area;
(6) Violations of article H of this code which might result in danger to children using
the structure or nearby grounds or facilities as a play area; and
'
(7) Repeated use of such structure by transients and vagrants; in the absence of
sanitary facilities, for living, sleeping, cooking or eating. (Ord. of 5/18/76, Sec. 5, as amended
'
and supplemented)
Section 9-2096 Procedure for enforcement.
' Whenever a written petition is filed with the housing inspector/property maintenance
inspector by a public authority or by at least five (5) residents of the town charging that any
abandoned structure is in violation of this article, or whenever the building inspector
' determines, upon inspection, that any abandoned structure is in violation of this article, he
shall, by service of a complaint and notice of hearing, initiate the same procedure for the
enforcement as is contained in section 9-2125 of article H. In all relevant respects, the
10

procedure for enforcement of this article shall be identical to that contained in sections 9-2125
'
through 9-2130 of article H. (Ord. 5/18/76, Sec. 6, as amended and supplemented)
Section 9-2097 Violation; penalty.
'
It shall be unlawful for the owner of any abandoned structure to fail, neglect or refuse to
repair, alter or improve the same, or to vacate, close and remove or demolish the same, upon
'
order of the building inspector duly made and served, within the time specified in such order.
Each day that any such failure, neglect or refusal to comply with such order continues shall
constitute a separate and distinct offense.
The violation of any provision of this article shall constitute a misdemeanor, as provided
by G.S. 14-4. (Ord. of 5/18/76. Sec. 7, as amended and supplemented)
'
Section 9-2098 through 9-2110 Reserved.
'
11

ARTICLE H MINIMUM HOUSING STANDARDS
Section 9-2111 Finding; purpose
Pursuant to G.S. 160A-441, it is hereby found and declared that there exist in the town
dwellings which are unfit for human habitation due to dilapidation defects increasing the
'
hazards of fire, accidents and other calamities, lack of ventilation, light and sanitary facilities,
and due to other conditions rendering such dwellings unsafe or unsanitary, and dangerous and
detrimental to the health, safety, and morals, and otherwise inimical to the welfare of
residents of the town.
In order to protect the health, safety and welfare of the residents of the town as authorized
by Part 6 of Article 19, Chapter 160A of the General Statutes, it is the purpose of this article
'
to establish minimum standards of fitness for the initial and continued occupancy of all
buildings used for human habitation, as expressly authorized by G.S. 160A-444. (Ord. of
'
5/4/76, Sec. 1)
Section 9-2112 Definitions.
The following definitions shall apply in the interpretation and enforcement of this article:
(a) Basement -shall mean a portion of a building which is located partly underground,
'
having direct access to light and air from windows located above the level of the adjoining
ground.
(b) Cellar -shall mean a portion of a building located partly or wholly underground
'
having an inadequate access to light and air from windows located partly or wholly below the
level of the adjoining ground.
(c) Deteriorated- shall mean that a dwelling is unfit for human habitation and can be
'
repaired, altered, or improved to comply with all of the minimum standards established by this
article, at a cost not in excess of 50 percent of its value, as determined by finding of the
inspector.
'
(d) Dilapidated -shall mean that a dwelling is unfit for human habitation and cannot
be repaired, altered or improved to comply with all of the minimum standards established by
this article at a cost not in excess of 50 percent of its value, as determined by finding of the
'
inspector.
(e) Dwelling -shall mean any building which is wholly or partly used or intended to be
used for living or sleeping by human occupants; provided that temporary housing as
'
hereinafter defined shall not be regarded as dwelling.
(f) Dwelling unit -shall mean any room or group located within a dwelling and
forming a single habitable unit with facilities which are used or intended to be used for living,
sleeping, cooking and eating.
(g) Extermination- shall mean the control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making inaccessible materials that
'
may serve as their food;. by poisoning, spraying, fumigating, trapping or by any other
recognized and legal pest elimination methods approved by the inspector.
12

(h) Garbage -shall mean the animal and vegetable waste resulting from the. handling,
preparation, cooking and consumption of food.
'
(i) Habitable room -shall mean a room or enclosed floor space used or intended to be
used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet
compartments, laundries, heater rooms, foyers, or communicating corridors, closets and
'
storage spaces.
0) Infestation -shall mean the presence, within or around a dwelling,. or any insects,
'
rodents or other pests in such number as to constitute a menace to the health, safety or welfare
of the occupants or the public.
(k) Inspector -shall mean a building inspector of the town or any agent of the
inspector who is authorized by the inspector.
(1) Multiple dwelling -shall mean any dwelling containing more than two (2)
dwelling units.
(m) Occupant -shall mean any person over one (1) year of age, living, sleeping,
cooking or eating in, or having actual possession of a dwelling unit or rooming unit.
(n) Operator -shall mean any person who has charge, care or control of a building, or
'
part thereof, in which dwelling units or rooming units are let. (o) Owner -shall mean any
person who alone, or jointly, or severally with others:
(1) Shall have title to any dwelling or dwelling unit, with or without accompanying
'
actual possession thereof; or
(2) Shall have charge, care or control of any dwelling or dwelling unit, as owner or
agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian
'
of the estate of the owner. Any such person thus representing the actual owner shall be bound
to comply with the provisions of this article, and of rules and regulations adopted pursuant
thereto, to the same extent as if he were the owner.
'
(p) Plumbing -shall mean and include all of the following supplied facilities and
equipment: gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units
(mechanical sink grinder), waste pipes, water closets, sinks, installed dishwashers, lavatories,
'
bathtubs, shower baths, installed clothes washing machines, catch basin, drains, vents and any
other similar supplied fixtures, together with all connections to water, sewer or gas lines.
(q) Public authority -shall mean the town housing authority or any officer who is in
'
charge of any department or branch of the government of the town or of Beaufort County of
the State of North Carolina relating to health, fire, building regulations or other activities
'
concerning dwellings in the town.
(r) Rooming unit -shall mean any room or group of rooms forming a single habitable
unit used or intended to be used for living and sleeping, but not for cooking or eating
purposes.
(s) Rooming house -shall mean any dwelling, or that part of any dwelling containing
one (1) or more rooming units, in which s let by the owner or operator to three (3) or more
i
persons who are not husband and wife, son or daughter, mother or father or sister or brother of
'
the owner or operator. .
(t) Rubbish- shall mean combustible and noncombustible waste materials, except
garbage and ashes, and the term shall include paper, rags, cartons, boxes, wood, excelsior,
rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery,
and dust.
1 13

(u) Supplied -shall mean paid for, furnished, or provided by, or under the control of,
' the owner or operator.
(v) Temporary housing -shall mean any tent, trailer or other structure used for human
shelter which is designed to be transportable and which is not attached to the ground, to
' another structure, or to any utilities system on the same premises for more than 30 consecutive
days.
(w) Unfit for human habitation- shall mean that conditions exist in a dwelling which
' violate or do not comply with one (1) or more of the minimum standards of fitness or one (1)
or more of the requirements established by this article.
(x) Meaning of certain words -Whenever the words "dwelling, dwelling unit,
rooming house, rooming unit, or premises" are used in this article, they shall be construed as
though they were followed by the words "or any part thereof." (Ord. of 5/4/76, Sec. 2)
' Section 9-2113 Minimum standards of fitness for dwellings and dwelling units.
Every dwelling and dwelling unit used as a human habitation, or held out for use as a
1 human habitation, shall comply with all of the minimum standards of fitness for human
habitation and all of the requirements of sections 92114 through 9-2119 of this article. No
person shall occupy as owner occupant, or let to another for occupancy or use as a human
habitation, any dwelling or dwelling unit which does not comply with all of the minimum
standards of fitness for human habitation and all of the requirements of sections 9-2114
through 9-21,19 of this article. (Ord. of 5/4/76, Sec. 3)
' Section 9-2114 Minimum standards for structural condition.
(a) Walls or partitions or supporting members, sills, joist, rafters or other structural
members shall not list, lean or buckle, and shall not be rotted, deteriorated, or damaged, and
'
shall not have holes or cracks which might admit rodents.
(b) Floors or roofs shall have adequate supporting members and strength to be
reasonably safe for the purpose used.
(c) Foundations, foundation walls, piers or other foundation supports shall not be
'
deteriorated or damaged.
(d) Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained
in such condition that they will not fail or collapse.
(e) Adequate facilities for egress in case of fire or panic shall be provided.
(f) Interior walls and ceilings of all rooms, closets and hallways shall be finished of
suitable materials, which will, by use of reasonable household methods promote sanitation
'
and cleanliness, and shall be maintained in such a manner so as to enable the occupants to
maintain reasonable privacy between various spaces.
(g) The roof, flashings, exterior walls, basement walls, floors, and all doors and
windows exposed to the weather shall be constructed and maintained so as to be weather and
watertight.
(h) There shall be no chimneys or parts thereof which are defective, deteriorated or in
danger of falling, or in such condition or location as to constitute a fire hazard.
(i) There shall be no use of the ground for floors, or wood floors on the ground. (Ord.
'
of 5/4/76, Sec. 4)
1 14

Section 9-2115 Minimum standards for basic equipment and facilities.
(a) Plumbing system.
(1) Each dwelling unit shall be connected to a potable water supply and to the public
'
sewer or other approved sewage disposal system.
(2) Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or
shower, water closet, and adequate supply of both cold water and hot water. All water shall be
'
supplied through an approved pipe distribution system connected to a potable water supply.
(3) All plumbing fixtures shall meet the standards of the town plumbing code and shall
be maintained in a state of good repair and in good working order.
'
(4) All required plumbing fixtures shall be located within the dwelling unit and be
accessible to the occupants of same. The water closet and tube shower shall be located in a
room or rooms affording privacy to the user.
'
(b) Heating system. Every dwelling and dwelling unit shall have facilities for
providing heat in accordance with either (1) or (2) below.
(1) Central and electric heating systems. Every central or electric heating system shall
'
be of sufficient capacity so as to heat all habitable rooms, bathrooms and water closet
compartments in every dwelling unit to which it is connected with a minimum temperature of
70 degrees F. measured at a point three (3) feet above the floor during ordinary winter
conditions.
(2) Other heating facilities. Where central or electric heating system is not provided,
'
each dwelling and dwelling unit shall be provided with sufficient fireplaces, chimneys, flues
or gas vents whereby eating appliances may be connected so as to heat all habitable rooms a
minimum temperature of 70 degrees F. measured three (3) feet above the floor during
'
ordinary winter conditions.
(c) Electrical system.
(1) Every dwelling and dwelling unit shall be wired for electric lights and convenience
'
receptacles. Every habitable room shall contain at least two (2) floor or wall type electric
convenience receptacles, connected in such manner as determined by the town electric code.
There shall be installed in every bathroom, water closet room, laundry room and furnace room
at least one (1) supplied ceiling, or wall type electric fixture. In the event wall or ceiling light
fixtures are not provided in any habitable room, then each such habitable room shall contain at
least three (3) floor or wall type electric convenience receptacles.
'
(2) Every public hall and stairway in every multiple dwelling shall be adequately
lighted by electric lights at all times when natural daylight is not sufficient.
(3) All fixtures, receptacles, equipment and wiring shall be maintained in a state of
'
good repair, safe, capable of being used, and installed in accordance with the State Electrical
Code (Volume IV of the State Building Code). (Ord. of 5/4/76, Sec. 5)
Section 9-2116 Minimum standards for ventilation.
(a) General. Every habitable room shall have at least one (1) window or skylight
facing directly to the outdoors. The minimum total window area, measured between stops, for
every habitable room shall be 10 percent of the floor area of such room. Whenever walls or
other portions of structures face a window or any room and such light -obstructing structures
' 15

are located less than five (5) feet from the window and extend to a level above that of the
' ceiling of the room, such a window shall not be deemed to face directly to the outdoors and
shall not be included as contributing to the required minimum total window area. Whenever
the only window in a room is a skylight type window in the top of such room, the total
' window area of such skylight shall equal at least 15 percent of the total floor area of such
room.
(b) Habitable rooms. Every habitable room shall have at least one (1) window or
' skylight which can easily be opened, or such other device as will adequately ventilate the
room. The total openable window area in every habitable room shall be equal to at least 45
percent of the minimum window area size or minimum skylight type window size as required,
or shall have other approved, equivalent ventilation.
' (c) Bathroom and water closet rooms. Every bathroom and water closet compartment
shall comply with the light and ventilation requirements for habitable rooms except that no
' window or skylight shall be required in adequately ventilated bathrooms and water closet
rooms equipped with an approved ventilation system. (Ord. of 5/4/76, Sec. 6)
'
Section 9-2117 Minimum standards for space, use, and location.
(a) Room sizes. Every dwelling unit shall contain at least the minimum room size in
each habitable room as required by the State Residential Building Code (Volume I-B of the
State Building Code).
. Every dwelling unit shall contain at least 150 square feet of habitable floor area for the
'
first occupant, at least 100 square feet of additional habitable area for each of the next three
(3) occupants, and at least 75 square feet of additional habitable floor area for each additional
occupant.
'
In every dwelling unit and in every rooming unit, every room occupied for sleeping
purposes by one (1) occupant shall contain at least 70 square feet of floor area, and every
room occupied for sleeping purposes by more than one (1) occupant shall contain at least 50
'
square feet of floor area for each occupant 12 years of age and over and at least 35 square feet
of floor area for each occupant under 12 years of age.
(b) Ceiling height. At least one-half (1/2) of the floor area of every habitable room
'
shall have a ceiling height of not less than seven (7) feet and six inches.
(c) Floor area calculation. Floor area shall be calculated on the basis of habitable room
area. However, closet area and wall area within the dwelling unit may count for not more than
'
10 percent of the required habitable floor area. The floor area of any part of any room where
the ceiling height is less than four and one-half (4 1/2) feet shall not be considered as part of
the floor area computing the total area of the room to determine maximum permissible
occupancy.
(d) Cellar. No cellar shall be used for living purposes.
'
(e) Basements. No basement shall be used for living purposes unless:
(1) The floor and walls are substantially watertight;
(2) The total window area, total openable window area, and ceiling height are equal to
those required for habitable rooms;
(3) The required minimum window area of every habitable room is entirely above the
grade adjoining such window area, except where the window or windows face a stairwell,
window well, or accessway. (Ord. of 5/4/76, Sec. 7)
' 16

'
Section 9-2118 Minimum standards for safe and sanitary maintenance.
(a) Exterior foundation, walls and roofs. Every foundation wall, exterior wall, and
'
exterior roof shall be substantially weathertight and rodent proof; shall be kept in sound
condition and good repair; shall be capable of affording privacy; shall be safe to use and
capable of supporting the load which normal muse may cause to be placed thereon. Every
exterior wall shall be protected with paint or other protective covering to prevent the entrance
or penetration of moisture or the weather.
(b) Interior floors, walls, and ceilings. Every floor, interior wall, and ceiling shall be
'
substantially rodent proof; shallbekept in sound condition and good repair; shall be kept in
sound condition and good repair; and shall be safe to use and capable of supporting the load
which normal use may cause to be placed thereon.
(c) Windows and doors. Every window, exterior door, basement or cellar door, and
hatchway shall be substantially weathertight, watertight, and rodent proof; and shall be kept in
sound working condition and good repair.
'
(d) Stairs, porches, and appurtenances. Every outside and inside stair, porch, and any
appurtenance thereto shall be safe to use and capable of supporting the load that normal use
may'cause to be placed thereon; and -shall be kept in sound condition and good repair.
(e) Bathroom floors. Every bathroom floor surface and water closet compartment floor
surface shall be constructed and maintained so as to be reasonably impervious to water -and so
'
as to permit such floor to be easily kept in a clean and sanitary condition.
(f) Supplied facilities. Every supplied facility, piece of equipment, or utility which is
required under this article shall be so constructed or installed that it will function safely. and
'
effectively, and shall be maintained in satisfactory working condition.
(g) Drainage. Every yard shall be properly graded so as to obtain thorough drainage
and so as to prevent the accumulation of stagnant water.
(h) Noxious weeds. Every yard and all exterior property areas shall be kept free of
'
species of weeds or plant growth which are noxious or detrimental to health.
(i) Egress. Every dwelling unit shall be provided with adequate means of egress as
required by the State Residential Building Code (Volume 1-B of the State Residential
'
Building Code). (Ord. of 5/4/76, Sec. 8)
Section 9-2119 Minimum standards for control of insects, rodents, and
infestations.
' (a) Screens. In every dwelling unit, for protection against mosquitoes, flies, and other
insects, every door opening directly from a dwelling unit to outdoor space shall have supplied
and installed screens and a self -closing device; and every window or other device with
' openings to outdoor space, used or intended to be used for ventilation, shall likewise be
supplied with screens installed.
(b) Rodent control. Every basement or cellar window used or intended to be used for
' ventilation, and every other opening to a basement which might provide an entry for rodents,
shall be supplied with screens installed or such other approved device as will effectively.
prevent their entrance.
' 17

(c) Infestation. Every occupant of a dwelling containing a single dwelling unit shall be
'
responsible for the extermination of any insects, rodents, or other pests therein or on the
premises; and every occupant of a dwelling unit in a dwelling containing more than one
dwelling unit shall be responsible for such extermination whenever his dwelling unit is the
'
only one infested. Whenever infestation is caused by failure of the owner to maintain a
dwelling in a rodent proof or reasonably insect proof condition, extermination shall be the
responsibility of the owner. Whenever infestation exists in two (2) or more of the dwelling
'
units in any dwelling or in the shared or public parts of any dwelling containing two (2) or
more dwelling units, extermination shall be the responsibility of the owner.
(d) Rubbish storage and disposal. Every dwelling and every dwelling unit shall be
'
supplied with approved containers and covers for storage of rubbish as required by town
ordinances, and the owner, operator or agent in control of such dwelling or dwelling unit shall
be responsible for the removal of rubbish.
'
(e) Garbage storage and disposal. Every dwelling and every dwelling unit shall be
supplied with an approved garbage disposal facility, which may be an adequate mechanical
garbage disposal unit (mechanical sink grinder) in each dwelling unit or an incinerator unit, to
'
be approved by the inspector, in the structure for the use of the occupants of each dwelling
unit, or an approved outside garbage can as required by town ordinances. (Ord. of 5/4/76, Sec.
9)
'
Section 9-2120 Minimum standards applicable to rooming houses; exceptions.
'
All of the provisions of this article, and all of the minimum standards and requirements of
this article, shall be applicable to rooming houses, and to every person who operates a
rooming house, or who occupies or lets to another for occupancy any rooming unit in any
rooming house, except as provided in the following subsections:
(1) Water closet, hand lavatory, and bath facilities. At least one (1) water closet,
'
lavatory basin, and bathtub or shower, properly connected to an approved water and sewer
system and in good working condition, shall be supplied for each four (4) rooms within a
rooming house wherever said facilities are shared. All such facilities shall be located within
the resident building served and shall be directly accessible from a common hall or
passageway and shall be not more than one (1) story removed from any of the persons sharing
such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold
water at all times. Such required facilities shall not be located in a cellar.
(2) Minimum floor area for sleeping purposes. Every room occupied for sleeping
purposes by one (1) occupant shall contain at least 70 square feet of floor area, and every
room occupied for sleeping purposes by more than one (1) occupant shall contain at least 50
square feet of floor area for each occupant 12 years of age and over and at least 35 square feet
of floor area for each occupant under 12 years of age.
(3) Sanitary conditions. The operator of every rooming house shall be responsible for
'
the sanitary maintenance of all walls, floors, and ceilings, and for the sanitary maintenance of
every other part of the rooming house; and he shall be further responsible for the sanitary
'
maintenance of the entire premises where the entire structure or building within which the
rooming house is contained is leased or occupied by the operator.
(4) Sanitary facilities. Every water closet, flush urinal, lavatory basin, and bathtub or
shower required by subsection two (2) .of this section shall be located within the rooming
18

house and within a room or rooms which afford privacy and are separate from the habitable
' rooms, and which are accessible from a common hall and without going outside the rooming
house or through any other room therein. (Ord. of 5/4, Sec. 16)
' Section 9-2121 Responsibilities. of owners and occupants.
(a) Public areas. Every owner of a dwelling containing two (2) or more dwelling units
' shall be responsible for maintaining in a clean and sanitary condition the shared or public
areas of the dwelling and premises thereof.
(b) Cleanliness. Every occupant of a dwelling or dwelling unit shall keep in a clean
' and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he
occupies and controls.
(c) Rubbish and garbage. Every occupant of a dwelling or dwelling unit shall dispose
of all his. rubbish and garbage in a clean and sanitary manner by placing it in the supplied
storage facilities. In all cases the owner shall be responsible for the availability of rubbish and
garbage storage facilities.
i (d) Supplied plumbing fixtures. Every occupant of a dwelling unit shall keep all
supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible
for the for the exercise of reasonable care in the proper use and operation of same.
' (e) Care of facilities, equipment and structure. No occupant shall willfully destroy,
deface, or impair any of the facilities or equipment, or any part of the structure of a dwelling
or dwelling unit.
' Section 9-2122 Duties of housing inspector/propertymaintenance inspector.
' The building inspector is hereby designated as the officer to enforce the provisions of this
article and to exercise the duties and powers herein prescribed. it shall be the duty of the
building inspector:
' (1) To investigate the dwelling conditions, and to inspect dwelling s and dwelling
units located in the town, in order to determine which dwellings and dwelling units are unfit
for human habitation, and for the purpose of carrying out the objectives of this article with
' respect to such dwellings and dwelling units;
(2) To take such action, together with other appropriate departments and agencies,
public and private, as may be necessary to effect rehabilitation of housing which is
' deteriorated;
(3) To keep a record of the results of inspections made under this article and an
' inventory of those dwellings that do not meet the minimum standards of fitness herein
prescribed; and
(4) To perform such other duties as may be herein prescribed. (Ord. of 5/4/76, Sec. 12)
Section 9-2123 Powers of housing inspector/property maintenance inspector.
' The building inspector is authorized to exercise such powers as may be necessary or
convenient to carry out and effectuate the purpose and provisions of this article, including the
following powers in addition to others herein granted:
19

a
1 To investigate the dwelling conditions in the town in order t e O g g o determine which
dwellings therein are unfit for human habitation;
' (2) To administer oaths and affirmations, examine witnesses and receive evidence:
(3) To enter upon premises for the purpose of making examinations and inspections;
' provided, such entries shall be made in accordance with law and in such manner as to cause
the least possible inconvenience to the persons in possession; and
(4) To appoint and fix the duties of such officers, agents, and employees as he deems
' necessary to carry out the purposes of this article. (Ord. of 5/4/76, Sec. 13)
Section 9-2124 Inspections; duty of owners and occupants.
' For the purpose of making inspections, the inspector is hereby authorized to enter,
examine, and survey at all reasonable times all dwellings, dwelling units, rooming units and
' premises. The owner or occupant of every dwelling, dwelling unit, or rooming unit, or the
person in charge thereof, shall give the inspector free access to such dwelling, dwelling unit,
or rooming unit, and its premises at all reasonable times for the purposes of such inspection,
' examination, and survey. Every occupant of a dwelling or dwelling unit shall give the owner
thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, and its
premises, at all reasonable times for the purpose of making such repairs or alterations as are
' necessary to effect compliance with the provisions of this article or with any lawful order
issued pursuant to the provisions of this article. (Ord. of 5/4/76, Sec. 14)
' Section 9-2125 Procedure for enforcement.
(a) Preliminary investigation; notice, hearing. Whenever_ a petition is filed with the
' inspector by a public authority or by at least five (5) residents of the town charging that any
dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the
inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation, he
shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be
served upon the owner of and parties in interest in such dwelling or dwelling unit a complaint
stating the charges and containing a notice that a hearing will be held before the inspector at a
place thereafter the serving of said complaint. The owner or any party in interest shall have
the right to file an answer to the complaint and to appear in person, or otherwise, and give
testimony at the place and time fixed in the complaint. Notice of such hearing shall also be
given to at least one (1) of the persons signing a petition relating to such dwelling. Any person
desiring to do so may attend such hearing and give evidence relevant to the matter being
heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in
' hearings before the inspector.
(b) Procedure after hearing. After such notice and hearing, the inspector shall state in
writing his determination whether such dwelling or dwelling unit is unfit for human
' habitation, and, if so, whether it is deteriorated or dilapidated.
If the inspector determines that the dwelling or dwelling unit is deteriorated, he shall state
in writing his findings of fact in support of such determination, and shall issue and cause to be
' served upon the owner thereof an order directing and requiring the owner to repair, alter, and
improve such dwelling or dwelling unit to comply with the minimum standards of fitness
established by this article within a specified period of time, not to exceed 90 days. Such order
' .20

may also direct and require the owner to vacate and close such dwelling or dwelling unit until
such repairs, alterations, and improvements have been made.
'
If the inspector determines that the dwelling is dilapidated, he shall state in writing his
findings of fact to support such determination, and shall issue and cause to be served upon the
owner thereof an order directing and requiring the owner to either repair, alter and improve
'
such dwelling or dwelling unit to comply with the minimum standards of fitness established
by this article, or else vacate and remove or demolish the same within a specified period of
'
time.
(c) Failure to comply with order.
(1) In personam remedy. If the owner of any deteriorated dwelling or dwelling unit
shall fail to comply with an order of the inspector to repair, alter, or improve the same within
the time specified therein, or if the owner of a dilapidated dwelling shall fail to comply with
,an order of the inspector to vacate and close, and remove or demolish the same within the
'
time specified therein, the inspector shall submit to the town board of commissioners at its
next regular meeting a resolution directing the town attorney to petition the superior court for
an order directing such owner to comply with the order of the inspector, as authorized by G.S.
'
160A-446(g).
(2) In rem remedy. After failure of an owner of a deteriorated dwelling or dwelling
unit, or of a dilapidated dwelling, to comply with an' order of the inspector within the time
'
specified therein, if injunctive relief has not been sought or has not been granted as provided
in the preceding paragraph (1), the inspector shall submit to the town board of commissioners
an ordinance ordering the inspector to cause such dwelling or dwelling unit to be repaired,
'
altered, improved, or vacated and closed and removed or demolished, as provided in the
original order of the inspector, and pending such removal or demolition, to placard such
dwelling as provided by G.S. 160A-443 and section 9-2127 of this article.
'
(d) Appeals from orders of inspector. An appeal from any decision or order of the
inspector may be taken by any person aggrieved thereby. Any appeal from the inspector shall
be taken within 10 days from the rendering of the decision or service of the order, and shall be
'
taken by filing with the inspector and with the zoning board of adjustment, a notice of appeal
which shall specify the grounds upon which the appeal is based. Upon the filing of any notice
of appeal, the inspector shall forthwith transmit to the board all the papers constituting the
'
record upon which the decision appealed from was made. When appeal is from a decision of
the inspector refusing to allow the person aggrieved thereby to do any act, his decision shall
remain in force until modified or reversed. When any appeal is from a decision of the
inspector requiring the person aggrieved to do any act, the appeal shall have the effect of
suspending the requirement until the hearing by the board, unless the inspector certifies to the
'
board, after the notice of appeal is filed with him, that by reason of the facts stated in the
certificate (a copy of which shall be furnished the appellant), a suspension of his requirement
would cause imminent peril to life or property, in which case the requirement shall not be
suspended except by a restraining order, which may be granted for due cause shown upon not
'
less than one (1) day's written notice to the inspector, by the board, or by a court of record
upon petition made pursuant to G.S. 160A-446(f) and subsection (e) of this section.
The board shall fix a reasonable time for the hearing of all appeals, shall give due notice to
'
all the parties, and shall render its decision within a reasonable time. Any party may appear in
person or by agent or attorney. The board may reverse or affirm, wholly or partly, or may
'
modify the decision or order appealed from, and may make such decision and order as in its
'
21

LI
n
opinion ought to be made in the matter, and to that end it shall have all the powers of the
inspector, but the concurring vote of four (4) members of the board shall be necessary to
reverse or modify any decision or order of the inspector. The board shall have power also in
passing upon appeals, in any case where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this article, to adapt the application of
this article to the necessities of the case to the end that the spirit of this article shall be
observed, public safety and welfare secured, and substantial justice done.
Every decision of the board shall be subject to review by proceedings in the nature of
certiorari instituted within 15 days of the decision of the board, but not otherwise.
(e) Petition to superior court by owner. Any person aggrieved by an order issued by
the inspector or a decision rendered by the board shall have the right, within 30 days after
issuance of the order or rendering of the decision, to petition the superior court for a
temporary injunction restraining the inspector pending a final disposition of the cause, as
provided by G.S. 160A-446(f).
Section ' 9-2126 Methods of service of complaints and orders.
Complaints or orders issued by the inspector shall be served upon persons either
personally or by registered or certified mail, but if the whereabouts of such persons are
unknown and the same cannot be ascertained by the inspector in the exercise of reasonable
diligence, the inspector shall make an affidavit to that effect, and the serving of such
complaint or order upon such person may be made by publishing the same once each week for
two consecutive weeks in a newspaper, circulating in the town. Where service is made by
publication, a notice of the pending proceedings shall be posted in a conspicuous place on the
premises affected by the complaint or order. (Ord. of 5/4/76., Sec. 16)
Section 9-2127 In rem action by inspector; placarding.
After failure of an owner of a dwelling or dwelling unit to comply with an order of the
inspector issued pursuant to the provisions of this article, and upon adoption by the town
board of commissioners of an ordinance authorizing and directing him to do so, as provided
by G.S. 160A-443(5) and section 9-2125(c) of this article, the inspector shall proceed to cause
such dwelling or dwelling unit to be repaired, altered, or improved to comply with the
minimum standards of fitness established by this article, or to be vacated and closed and
removed or demolished, as directed by the ordinance of the town board of commissioners and
shall cause to be posted on the main entrance of such dwelling or dwelling unit a placard with
the following words: "This building is unfit for human habitation; the use or occupation of this
building for human habitation is prohibited and unlawful." occupation of a building so posted
shall constitute a misdemeanor.
Each such ordinance shall be recorded in the office of the register of deeds in the county
wherein the property is located, and shall be indexed in the name of the property owner in the
grantor index, as provided by G.S. 160A-443(5). (Ord. of 5/4/76, Sec. 17)
n
22

Section 9-2128 Costs, a lien on premises.
'
As provided by G.S. 160A-446(6), the amount of the cost of any repairs, alterations, or
improvements, or vacating and closing, or removal or demolition, caused to be made or done
'
by the inspector pursuant to section 9-2127 of this article shall be a lien against the real
property upon which such cost was incurred. Such lien shall be filed, have the same priority,
and be enforced and the costs collected as provided by Article 10, Chapter 160A of the
'
General Statutes. (Ord. of 5/4/76, Sec. 18)
Section 9-2129 Alternative remedies.
Neither this article nor any of its provisions shall be construed to impair or limit in any
way the power of the town to define and declare nuisances and to cause their abatement by
'
summary action or otherwise, or to enforce this article by criminal process as authorized by
G.S. 14-4 and section 9-2131 of this article, and the enforcement of any remedy provided
herein shall not prevent the enforcement of any other remedy or remedies provided herein or
'
in other ordinances or laws. (Ord. of 5/4/76, Sec. 19)
Section 9-2130 Zoning board of adjustments to hear appeals.
'
All appeals which may be taken from decisions or orders of the inspector pursuant to
section 9-2125 of this article shall be heard and determined by the zoning board of
'
adjustment. As the appeals body, the board shall have the power to f ix the times and places of
its meetings, to adopt necessary rules of procedure and any other rules and regulations which
may be necessary for the proper discharge of its duties. The board shall perform the duties
prescribed by section 9-2125 (d) and shall keep an accurate journal of all its proceedings.
(Ord. of 5/4/76, Sec. 20)
'
Section 9-2131 Conflict with other provisions.
In the event any provision, standard, or requirement of this article is found to be in conflict
with any provision of any other ordinance or section of the town, the provision which
establishes the higher standard or more stringent requirement for the promotion and protection
'
of the health and safety of the residents of the town shall prevail. (Ord. of 5/4/76, Sec. 21)
Section 9-2132 Violations; penalty.
'
It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect, or
refuse to repair, alter, or improve the same, or to vacate and close and remove or demolish the
same, upon order of the inspector duly made and served as herein provided, within the time
specified in such order, and each day that any such failure, neglect, or refusal to comply with
such order continues shall constitute a separate and distinct offense. It shall be unlawful for
the owner of any dwelling or dwelling unit, with respect to which an order has been issued
pursuant to section 9-2125 of this article, to occupy or permit the occupancy of the same after
the time prescribed in such order for its repair, alteration or improvement or its vacation and
23

closing, and each day that such occupancy continues after such prescribed time shall
constitute a separate and distinct offense.
The violation of any provision of this article shall constitute a misdemeanor, as provided
by G.S. 14-4 (Ord. of 5/4/76, Sec. 22) ,
Section 9-2133 Severability.
If any provision of this article is for any reason held to be invalid or unconstitutional by
any court of competent jurisdiction, such provision shall be deemed a separate, independent
provision and such holding shall not affect the validity of any other provision hereof and to
that end, the provisions of this article are hereby declared to be severable. (Ord. of 5/4/76,
Sec. 23)
24

t
1
'
TOWN OF AURORA
'
CHAPTER 3
'
SUBDIVISION REGULATIONS
BOARD OF COMMISSIONERS
Joe Hooker, Mayor
Etles Henries, Jr.
Raleigh B. Lee, III
'
Maechel Patterson
Jeffrey D. Peed
PLANNING BOARD
'
Bessie LaVictoire, Chairman
Burton Gray
'
W. N. Herwig
Duke Jennings
1
Marvin Sartin
1
'
Adopted: December 7, 1998
1

TABLE OF CONTENTS
'
ARTICLE A
Section9-3001
TITLE AND INTENT...............................................................................I
Title.........................................................................................................1
Section9-3002
Section
Intent.........................................................................................................I
9-3003 through 9-3010 Reserved..............................................................................1
'
ARTICLEB
Section 9-3011
AUTHORITY.............................................................................................2
Authority...................................................................................................2
Section9-3012
Jurisdiction................................................................................................2
Sections
9-3013 through 9-3020 Reserved..............................................................................2
'
ARTICLEC PREREQUISITES.....................................................................................3
Section 9-3021 Prerequisite to Plat Recordation...............................................................
Sections 9-3022 through 9-3025 Reserved..............................................................................3
'
ARTICLE D
Section 9-3026
PUBLIC SERVICES.................................................................................4
Acceptance of Public Services..................................................................4
Sections
9-3027 through 9-3030 Reserved..............................................................................4
'
ARTICLEE
Section 9-3031
Section 9-3032
DEFINITIONS...........................................................................................5
Definitions Pertaining to Grammatical Usage..........................................5
Subdivision Defined.................................................................................5
Section
9-3033
Definition Pertaining to Access................................................................5
'
Section
Section
9-3034
9-3035
Definition Pertaining to Rural Roads.......................................................6
Definition Concerning Land and Land Use..............................................6 .
Section
9-3036
Definitions Pertaining to Lots and Buildings...........................................6
'
Section
9-3007 through 9-3045 Reserved..............................................................................7
'
ARTICLEF
Section 9-3046
LEGAL PROVISIONS..............................................................................8
Procedure for Plat Approval.....................................................................8
Section
9-3047
Statement By Owner.................................................................................8
Section
9-3048
Effect of Plat Approval on Dedications....................................................8
'
Section
9-3049
Severability...............................................................................................8
Section9-3050
Variances..................................................................................................9
'
Section9-3051
Section
9-3052
Amendments.............................................................................................9
Abrogation................................................................................................9
Section
9-3053
Penalties for Violation..............................................................................9
' Section 9-3054 Prior Inconsistent Ordinances:::::::::::::::::::::::::::::::::::...........................•••10
Section 9-3055 through 9-3060 Reserved . ...10
' ARTICLE G REVIEW AND APPROVAL OF SUBDIVISION PLATS ..................11
Section9-3061 General....................................................................................................11
Sections 9-3062 through 9-3070 Reserved............................................................................11

TABLE OF CONTENTS
(Continued)
ARTICLE H
SKETCH DESIGN PLAN.......................................................................12
Section
9-3071
Submission of Sketch Design Plan .........................................................12
'
Section
9-3072
Sketch Design Plan Requirements..........................................................12
Section
9-3073
Sketch Design Plan Contents Required..................................................12
Section
9-3074
Study by Technical Review Committee.................................................12
'
Section
9-3075
Approval of Sketch Plan .........................................................................13
Section
9-3076 through 9-3080 Reserved............................................................................13
'
ARTICLE I
ART
PRELIMINARY PLAT ........................................................ ...................14
Section
9-3081
Submission of Preliminary Plat................................:.............................14
'
Section
9-3082
Preliminary Plat Requirements...............................................................14
Section
9-3083
Preliminary Plat Contents Required.......................................................14
Section
9-3084
Additional Required Data.......................................................................14
'
Section
9-3085
Study by Technical Review Committee.................................................15
Section9-3086
Public Hearing........................................................................................15
'
Section
9-3087
Preliminary Approval.............................................................................16
9-3099 Reserved
Sections
9-3088 through
............................................................................16
ARTICLEJ
FINAL PLAT...........................................................................................17
Section
9-3100
Public Improvements Installation or Guarantees.............II .......................17
Section
9-3101
Performance Guarantee...........................................................................17
'
Section
9-3102
Final Plat Review Relationship to Performance Guarantees ..................18
Section
9-3103
Defects Guarantee...................................................................................18
Section
9-3104
Final Plat Review Contingent Upon Execution of Guarantees...............18
'
Section
9-3105
The Final Plat..........................................................................................18
Section9-3106
Plat Submitted.........................................................................................18
Section9-3107
Plat Prepared...........................................................................................19
'
Section
9-3108
Final Plat Requirements..........................................................................19
Section
9-3109
Final Plat Contents Required..................................................................20
Section
Section
9-3110
9-3111
Maintenance Guarantee..........................................................................21
Review Procedure...................................................................................22
Section
9-3112
Effect of Plat Approval on Dedications..................................................23
'
Section
9-3113
Disposition of Copies.............................................................................23
Section
9-3114
Recording of the Final Plat.....................................................................24
Section
9-3115
Resubdivision Procedures.......................................................................24
Section
9-3116
Plat May Be Required on Any Subdivision of Land..............................24
'
Section
9-3117 through 9-3126 Reserved............................................................................24
'
ARTICLE K
IMPROVEMENTS AND MINIMUM STANDARDS OF DESIGN ...
25
Section
9-3127
Name of Subdivision..............................................................................25
Section
9-3128
General Design Standards.......................................................................25
Section
9-3129
Site Conditions.......................................................................................25
Section
9-3130
Natural Assets.........................................................................................25
Section
9-3131
Suitability of Land..................................................................................25

TABLE OF CONTENTS
(Continued)
Section
9-3132
Physical Improvements...........................................................................26
Section9-3133
Streets.....................................................................................................26
Section
9-3134
Blocks .................................
Section
9-3135
Water and Sewerage Systems.................................................................28
Section
9-3136
Easements ............................................ ...........29
Sections
9-3137 through 9-3147 Reserved............................................................................29
ARTICLE L
COMPLIANCE WITH OFFICIAL PLANS AND
MUNICIPAL ORDINANCES................................................................30
Section
9-3148
Zoning and Other Plans.................................:........................................30
Sections
9-3149 through 9-3152 Reserved............................................................... .............30
ARTICLE M
ENACTMENT AND EFFECTIVE DATE............................................31
ARTICLE N
SUBDIVISION ADMINISTRATOR.....................................................32
iii

1
Section 9-3001
ARTICLE A
Title
TITLE AND INTENT
This ordinance shall be known, cited and referred to as the Subdivision Regulations of the
Town of Aurora, North Carolina.
Section 9-3002 Intent
(a) To establish reasonable and uniform procedures and standards for the orderly growth
and development of the Town of Aurora and its planning jurisdiction in accordance with the
Aurora Land Use Plan, as amended and supplemented.
(b) To provide for the coordination of streets and highways within proposed subdivisions
with existing or planned streets and highways and with other public facilities.
(c) To provide for the dedication or reservation of recreation areas serving residents of
the immediate neighborhood within the subdivision.
(d) To provide for the dedication or reservation of rights -of -way or easements for street
and utility purposes.
(e) To provide for the distribution of population and traffic in a manner that will avoid
congestion and overcrowding and will create conditions essential to public health, safety, and the
general welfare.
(f) To provide requiring the accordance with for the more orderly development of
subdivisions by construction of community service facilities in town policies and standards.
(g) In addition, this ordinance is designed to encourage the wise, productive, and
beneficial use of the natural resources of the Town, to maintain a healthy and pleasant
environment, and to preserve the natural historical beauty of the Town and its territorial
jurisdiction.
Section 9-3003 through 9-3010 Reserved
1

ARTICLE B AUTHORITY
Section 9-3011 Authority
This ordinance is hereby adopted under the authority and provisions of the General Statues
of North Carolina, Chapter 160A-371 ET SEQ, as amended and supplemented.
Section 9-3012 Jurisdiction
The regulations contained herein as provided in G. S. 160A, shall govern each and every
subdivision within the jurisdiction of the Town of Aurora and its extraterritorial planning
jurisdiction as directed in the Code of Ordinances for the Town of Aurora, Division II, Part 9,
Chapter One.
Sections 9-3013 through 9-3020 Reserved
2

ARTICLE C PREREQUISITES
Section 9-3021 Prerequisite to Plat Recordation
After the effective date of this ordinance, each individual subdivision plat of land within the
Town of Aurora's jurisdiction shall be approved by the Board of Commissioners on
recommendation of the Planning Board.
Sections 9-3022 through 9-3025 Reserved
3

' ARTICLE D PUBLIC SERVICES
Section 9-3026 Acceptance of Public Services
No street shall be maintained by the town nor street dedication accepted for ownership
' and/or maintenance by the town, not shall water, or sewer or other town facilities or services be
extended to or connected within any subdivision until the requirements set forth by this
ordinance and other applicable regulations, ordinances, and statutes, have been fully complied
with and a final plan has been approved by the Planning Board and recorded with the County of
Beaufort Register of Deeds. All lots improved after the effective date of this ordinance shall
abut a public street No final plat shall be approved or recorded showing private streets.
Sections 9-3027 through 9-3030 Reserved
4

0
' ARTICLE E DEFINITIONS
' For the purpose of this ordinance, certain words or terms used herein shall be defined as
follows:
' Section 9-3031 Definitions Pertaining to Grammatical Usage
The word "person" includes a firm, association, entity, corporation, trust, and company, as
' well as an individual.
The words "used for" shall be considered as though followed by the words "or intended,
arranged, or designed to be used".
' The word "lot" shall include the words "plot", "parcel', or "tract".
The word "shall' is always mandatory.
' Section 9-3032 Subdivision Defined
For the purposes of this ordinance, "Subdivision" means all divisions of a tract or parcel of
' land into two (2) or more lots, building sites, or other divisions for the purpose of sale or
building development (whether immediate or future), and shall include all divisions of land
involving the dedication of a new street or a change in existing streets; but the following shall
not be included within this definition nor be subject to the regulations authorized by this Part:
1. The combination or recombination of portions of previously platted lots where the
' total number of lots is not increased and the resultant lots are equal to or exceed the standards of
the town as shown in its subdivision regulations;
2. The division of land into parcels greater than ten (10) acres where no street
right-of-way dedication is involved;
3. The public acquisition by purchase of strips of land for the widening or opening of
streets; and
' 4. The division of a tract in single ownership whose entire area is no greater that two (2)
acres into not more than three (3) lots, where no street right-of-way dedication is involved and
where the resultant lots are equal to or exceed the standards of the town, as shown in this
' ordinance.
' Section 9-3033 Definition Pertaining to Access
Alley - A roadway, other than a street, which affords only a secondary means of access to
' abutting property, and which is not intended for general traffic circulation.
Street - A public dedicated thoroughfare or road, which is maintained by the State of North
Carolina or the Town of Aurora.

Section 9-3034
Definition Pertaining to Rural Roads
' Principal Arterial - A rural link in a network of continuous roads serving vehicle movements
having trip length and travel density characteristics of substantial statewide or interstate travel.
This network would consist of Interstate routes and other routes designed as principal arterials.
' Minor Arterial - A rural link in network of continuous roads joining cities and larger towns and
providing intrastate and intercounty service at relatively high (55 MPH) overall travel speeds.
Collector - A road which collects traffic from local roads and streets and serves as the most
' direct route to a major street or a community facility.
Local Road - A road whose primary purpose is to provide access to adjacent land and for travel
over relatively short distances.
' Cul-de-sac - A cul-de-sac is a short street having only one end open to traffic with the opposite
end being permanently terminated and a vehicular turn -around provided.
' Section 9-3035 Definition Concerning Land and Land Use
' Dedication - A gift, by the owner, of a right to the use of land for stated purposes. A dedication
must be in writing and in recordable form, and is completed with an acceptance and recordation.
Easement - A grant in writing and in recordable form by the property owner for use by the
' public, a corporation or person(s) of a strip of land for specific reasons.
Open Space - An area (land and/or water) generally lacking in manmade structures and reserved
for enjoyment in its unaltered state.
' Public Water Supply - Any water supply furnished potable water to ten or more residents or
businesses, or combination of residents and businesses. Approval by the Sanitary Engineering
Division, State Board of Health, Department of Human Resources is required.
' Reservation - A reservation of land not involving the transfer of property rights in writing and in
recordable form. It simply constitutes an obligation to keep property free from development for a
' stated period of time.
Subdivider Any person, firm, or corporation who subdivides or develops any land deemed to
be a subdivision as defined by this ordinance.
Section 9-3036 Definitions Pertaining to Lots and Buildings
' Building - Any structure having a roof, including, but not limited to tents, awnings, carports, and
such devices.
Building Setback Line - A line parallel to the front property line which establishes the minimum
allowable distance between nearest portions of any building, steps, eaves, gutters, and similar
fixtures, and the street right-of-way line when measured perpendicularly thereto.
Lot - A portion of subdivision or any other parcel of land intended as a unit for transfer of
' ownership or for development, or both.
Lot of Record - A lot which is part of a subdivision, a plat of which has been recorded in the
office of the Register of Deeds of Beaufort County, or a lot described by metes and bounds, the
' description of which has been recorded in the office of the Register of Deeds in Beaufort
County.
6

Corner Lot - A lot located at the intersection of two (2) or more streets. A lot abutting on a
curved street or streets shall be considered a corner lot if straight lines drawn from the foremost
' points of the side lot lines to the foremost point of the lot meet at an interior angle of less than
135 degrees.
' Interior Lot - Any lot other than a corner lot.
Through Lot or "Double Frontage Lot„ - A lot other than a corner lot with frontage on more than
one street. Through lots abutting two (2) streets may be referred to as double frontage lots.
' Plat - A map or plan of a parcel of land, which is to be, or has been subdivided.
Section 9-3007 through 9-3045 Reserved
7

ARTICLE F LEGAL PROVISIONS
Section 9-3046 Procedure for Plat Approval
After the effective date of this ordinance, no subdivision plat of land within the Town of
Aurora jurisdiction shall be filed or recorded until it has been submitted to and approved by the
Board of Commissioners upon recommendation of the Planning Board as set forth in Article C
of this ordinance, and until this approval is entered in writing on the face of the plat by the
Mayor and Chairman of the Planning Board.
The Beaufort County Register of Deeds shall not file or record a plat of a subdivision of land
located within the territorial jurisdiction of Aurora that has not been approved in accordance
with these provisions, nor shall the Clerk of Superior Court order or direct the recording of a plat
if the recording would be in conflict with this section.
Section 9-3047 Statement By Owner
The owner of land shown on a subdivision plat submitted for recording, or his authorized
agent, authorized in writing, shall sign a statement on the plat stating whether or not any land
shown thereon is within the subdivision regulation jurisdiction of Aurora, and consents to the
filing or recording.
Section 9-3048 Effect of Plat Approval on Dedications
Pursuant to G. S. 1604-374, the approval of a plat shall not be deemed to constitute or effect
the acceptance by the city or public of the dedication of any street or other ground, public utility,
or other public facility shown on the plat. However, the Board of Commissioners may by
resolution accept any dedication made to the public of lands or facilities for streets, parks, public
utility lines, or other public purposes, when the lands or facilities are located within Aurora's
subdivision regulation jurisdiction. Acceptance of dedication of lands or facilities located within
its subdivision regulation jurisdiction but outside the corporate limits of Aurora shall not place
on the town any duty to open, operate, repair, or maintain any street, utility line, or other land, or
facility, and the town shall in no event be held to answer in any civil action or proceeding for
failure to open, repair, or maintain any street outside its corporate limits.
Section 9-3049 Severability
Should any section or provision of this ordinance be decided by a court of competent
jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the
ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or
invalid.
8

Section 9-3050 Variances
' 1. General: Where the Planning Board finds that extraordinary hardships or practical
difficulties may result from strict compliance with these regulations, other than those self-
created, or that the interest of the citizens may be served to a greater extent by an alternative
proposal, it may approve variances to these subdivision regulations so that substantial justice
may be done and the public interest secured, provided that such variance shall not have the effect
' of nullifying the intent and purpose of this ordinance; and further provided the Planning Board
shall make findings based upon the evidence presented to it in each specific case that:
(a) The granting of the variance will not be detrimental to the public safety, health, or
welfare or injurious to other property.
(b) The conditions upon which the request for a variance is based are unique to the
property for which the variance is sought and are not applicable generally to other property.
' (c) Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, a particular hardship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of this ordinance was carried out.
' (d) The variances will not in any manner vary the provisions of the Aurora Zoning
Ordinance or Aurora Land Use Plan.
2. Conditions: In approving variances, the Planning Board may require such conditions
' as will, in its judgement, secure substantially the objectives, standards or requirements of this
ordinance.
' 3. Procedures: A petition for any such variance shall be submitted in writing by the
subdivider at the time when the sketch design plan is filed for the consideration of the; Planning
Board. The petition shall state fully the grounds for the application and all of the facts relied
' upon by the petitioner.
Section 9-3051 Amendments
' The Board of Commissioners may from time to time amend the terms of this ordinance, but
no amendment shall become effective unless it shall have been proposed by or shall have been
' submitted to the Planning Board for review and recommendation. The Planning Board shall have
forth -five (45) days within which to submit its report. If the Planning Board fails to submit its
report within the specified time, it shall be assumed to have approved the amendment.
Section 9-3052 Abrogation
' It is not intended that this ordinance repeal, abrogate, annul, impair, or interfere with existing
easements, covenants, deed restrictions, agreements, rules, regulations or permits previously
' adopted or issued pursuant to law. However, where this ordinance imposes greater restrictions,
the provisions of this ordinance shall govern.
' Section 9-3053 'Penalties for Violation
After the effective date of this ordinance, any person who, being the owner or agent of the
' owner of any land located within the territorial jurisdiction of this ordinance, thereafter

subdivides his land in violation of this ordinance or transfers or sells land by reference to,
exhibition of, or any other use of a plat showing a subdivision of the land before the plat has
been properly approved under the terms of this ordinance and recorded in the office of the
Beaufort County Register of Deeds, shall be guilty of a misdemeanor. The descriptions by metes
and bounds in the instrument of transfer or other document used in the process of selling or
transferring land shall not exempt the transaction from this penalty. The Town of Aurora,
through its attorney or other official designated by the Board of Commissioners, may enjoin
illegal subdivision, transfer or sale of land by action for injunction. Further, violators of this
ordinance shall be subject, upon conviction, to a fine and/or imprisonment as provided by G. S.
14-4.
Section 9-3054 Prior Inconsistent Ordinances
All ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are
to the extent of such inconsistency, hereby repealed.
Section 9-3055 through 9-3060 Reserved
Ito]

ARTICLE G REVIEW AND APPROVAL OF SUBDIVISION PLATS
Section 9-3061 General
Pursuant to G. S. 160A-373, no final plat of a subdivision within the jurisdiction of the Town
of Aurora as established in Article C of this ordinance shall be recorded by the Register of Deeds
of'Beaufort County until it has been approved by the Board of Commissioners as provided
herein. To secure such approval of a final plat, the subdivider shall generally follow the
procedures established in this Article, basically includes two (2) steps for a minor subdivision
and three (3) steps for a major subdivision.
Minor Subdivision (2 lots or less)
Sketch Plan
Final Subdivision Plat
Major Subdivision (More than 2 lots)
Sketch Plan
Preliminary Plat
Final Subdivision Plat
Sections 9-3062 through 9-3070 Reserved
11

Section 9-3071
ARTICLE H SKETCH DESIGN PLAN
Submission of Sketch Design Plan
Prior to the preliminary plat application in the case of major subdivisions and prior to the
final plat application in the case of minor subdivision, the subdivider shall submit to the
Planning Board a simple sketch plan of the proposed subdivision. The Subdivider shall, at this
time, discuss the proposed development with the Planning Board and become familiar with the
regulations affecting the land to be subdivided.
Section 9-3072 Sketch Design Plan Requirements
Format - The sketch design plan shall be made.
Number of Copies and Graphic Media - A minimum of eight (8) copies of a sketch design plan
shall be submitted. No specific graphic media must be employed.
Size of Plan and Scale - Although no specific size or scale requirements apply to sketch design
plans, it is recommended that the requirements applicable to preliminary and final plats be
utilized.
Administrative Fees - Administrative fees are charged in connection with the submission of
sketch design plans.
Certification - No certificates must be provided in connection with the submission of sketch
design plans.
' Section 9-3073 Sketch Design Plan Contents Required
1. A.sketch vicinity map showing the location of the subdivision in relation to
' neighboring tracts, subdivisions, roads, and waterways.
2. The boundaries of the tract, including all land in the "same ownership", as defined
' herein, with an indication of the portion which is proposed to be subdivided.
3. The total acreage to be subdivided.
4. The existing and proposed uses of the land within the subdivision.
5. The proposed street and lot layout.
6. The name, if any, of the proposed subdivision.
7. The zoning classification(s) of the tract and of adjacent properties.
' 8. The name, address, and telephone number of the owner.
9. The name, address, and telephone number of the engineer/surveyor.
Section 9-3074 Study by Technical Review Committee
A Technical Review Committee shall be appointed by the Board of Commissioners. This
committee shall have five (5) members representing the Police Department, Fire Department,
Planning Department, Town Administration, and Public Works Department.
12

The Technical Review Committee shall transmit the sketch plan for review to appropriate
officials or agencies of the local and/or county government, school districts, including any
' review by regional or state bodies which would be appropriate under state or federal law. The
Technical Review Committee shall request that all officials and agencies, to whom a request for
review has been made, submit their report to the T. R. C. within twenty (20) business days after
' the receipt of the request. The T. R. C. will consider all the reports submitted by the officials and
agencies concerning the sketch plan and shall submit a report for proposed action to the Planning
Board for the next available regular meeting. The Technical Review Committee report to the
' Planning Board shall in no case be made later than sixty (60) business days following the date of
application for sketch plan approval.
Planning Board review of Technical Review Committee report on Sketch Plan: The Planning
Board shall review the sketch plan and the report from the Technical Review Committee, taking
' into consideration the requirements of this ordinance. Particular attention will be given to the
arrangement, location and width of streets, sewage disposal, drainage, lot sizes and
arrangements, the further development of adjoining lands as yet unsubdivided, and the
' requirements, and recommendations of the Aurora Land Use Plan as adopted by the Board of
Commissioners. After the regular Planning Board meeting at which. the proposed subdivision is
first discussed, the Planning Board may schedule a field trip to the site of the proposed
' subdivision, accompanied by the owner or his representative.
Section 9-3075 Approval of Sketch Plan
After reviewing and discussing the sketch plan and report from the Technical Review
Committee and other reports as submitted by invited agencies and officials, the Planning Board
' will advise the applicant of the specific changes or additions, if any, it will require in the layout,
and the character and extent of required improvements and reservations which it will require as a
' result of further study of the subdivision in final form. Said approval shall only constitute
authorization to prepare and submit a preliminary plat in the case of a major subdivision and
final subdivision plat in the case of a minor subdivision. Such approval or disapproval shall be
made by the Planning Board within thirty (30) business days after receiving the report of the
Technical Review Committee.
I
Section 9-3076 through 9-3080 Reserved
13
�

IARTICLE I PRELIMINARY PLAT
Section 9-3081 Submission of Preliminary Plat
' n the approval of the Planning Board of the sketch plan for a major subdivision,
Based upon pp g P J
' the applicant shall submit three (3) copies of the preliminary plat, and any supplementary
materials, to the Planning Board at least ten (10) business days prior to the regular meeting of
that board, forevery subdivision of land classified as major and which is located within the
' territorial jurisdiction established by Division Il, Part 9, Chapter One: Code of ordinances, Town
of Aurora.
Section 9-3082 Preliminary Plat Requirements
Number of Copies and Graphic Media Ten (10) copies of the preliminary plat shall be
' submitted. No specific graphic media must be employed.
Size of Plat and Scale - The preliminary plat submitted shall conform to the size and scale
requirements specified on forms for this purpose.
' Administrative Fees - Administrative fees shall be charged in connection with the submission of
preliminary plats.
Certifications - No certifications must be provided in connection with the submission of
' preliminary plats.
I
Section 9-3083 Preliminary Plat Contents Required
The preliminary plat shall depict or contain the following information; plats not depicting or
containing the following data shall be returned to the subdivider, or his authorized agent for
completion, and resubmission:
1. The proposed name of the subdivision.
2. A sketch vicinity map showing the relationship between the proposed subdivision
and the surrounding area at the scale specified on the forms for this purpose.
3. The boundaries of the tract or portion thereof to be subdivided, distinctly and
accurately represented, with all bearing and distances shown.
4. Scale, denoted both graphically and numerically.
5. North arrow and date.
6. Name, address, and telephone number of the owner, applicant, engineer, and planner.
Section 9-3084 Additional Required Data
1. The plans for proposed utility layouts, including sanitary sewers, water distribution
lines, telephone and electrical service lines, illustrating connections to existing systems. Plans
for water supply and/or sewage disposal must be accompanied by letters of preliminary approval
by the appropriate. County and State authorities. Plans must show line sizes, and location of fire
14

' hydrants, blow -offs, manholes, pumps, force mains and gate valves, and shall include profiles
based upon Mean Sea Level datum for sanitary and storm sewers.
' 2. Site Data
(a) Acreage in total tract
(b) Acreage in parks and other nonresidential use, excluding streets
' (c) Total number of parcels created
(d) Linear feet in streets
3. The location of existing and platted property lines, streets (public and private),
buildings, water sources, railroads, transmission lines, sewers, swales, bridges, culverts, and
drainpipes, water mains, town limit lines, and any public utility easements.
4. The names and addresses of owners of adjoining properties and any adjoining
' subdivisions of record (or proposed and under review, with present use).
5. The zoning classification(s) of the tract to be subdivided, variances, if any, to be
required.
6. Proposed minimum building setback lines.
7. Proposed streets, existing and platted streets on adjoining properties and in the
' proposed subdivision, rights -of -way, pavement widths, approximate grades, design engineering
data for all corners and curves and typical street cross sections. If any street is proposed to
intersect with a state maintained road; the plat shall be accompanied by an application for
., driveway approval as required by the Department of Transportation, Division of Highway's
Manual on Driveway Regulations.
8. Proposed lot lines, lot and block numbers and approximate dimensions.
' 9. Wooded areas, marshes, swamps, ponds or lakes, streams or stream beds, and any
other natural features affecting the site.
10. The preliminary plat should be accompanied. by a copy of any proposed deed
' restrictions or similar covenants when deemed necessary by the Planning Board.
11. Environmental Impact Statement - Pursuant to Chapter 113A of the North Carolina
General Statutes, the Planning Board may require the subdivider to submit an environmental
' impact statement with his preliminary plat if:
The development exceeds two (2) acres in area, and if the Board deems it necessary due to
the nature of the land to be subdivided, or peculiarities in the proposed layout.
' 12. Any other information considered by either the subdivider or the Planning Board to
be pertinent to the review of the preliminary plat; i.e., topographic map showing vertical
' contours.
Section 9-3085 Study by Technical Review Committee
The preliminary plat shall be referred to the Technical Review Committee for its review,
p ry
recommendations, and report. Such report of the Technical Review Committee shall be
submitted in writing to the Planning Board at the time of the next regular meeting.
Section 9-3086 Public Hearing
The Planning Board shall hold a public hearing on the preliminary plat. Notice of public
hearing shall be given in a newspaper of general circulation in Beaufort County at least fifteen
15

' (15) business days prior to the date set for the public hearing. At the time of the public hearing,
the applicant shall submit an affidavit stating that he has notified by certified and regular mail,
' each adjacent or opposite owner of property as indicated on the application for subdivision
approval at least ten (10) business days prior to the public hearing.
' Section 9-3087 Preliminary Approval
After the Planning Board has reviewed the preliminary plat and construction plans, the repbrt of
' the Technical Review Committee, any other municipal recommendations and testimony and
exhibits submitted at the public hearing, the applicant shall be advised of any required changes
and/or additions. The Planning Board shall approve, conditionally approve, or disapprove the
preliminary plat within thirty (30) business days after the date of the regular meeting held. one
(1) copy of the proposed preliminary plat shall be returned to the applicant with the date of
approval, conditional approval, or disapproval, and the reasons for the decision. Before the
Planning Board approves a preliminary plat showing park reservation or land for other local
government use proposed to be dedicated to the local government the Planning Board shall
obtain approval of the park or land reservation from the Board of Commissioners.
Sections 9-3088 through 9-3099 Reserved
16
�

' ARTICLE J FINAL PLAT
Section 9-3100 Public Improvements Installation or Guarantees
Upon approval of the preliminary plat (for major subdivision) or a sketch design plan (for
minor subdivision) by the Planning Board, the subdivider may proceed with the preparation of
' the final plats, and the installation or arrangement for required improvements in accordance with
the approved preliminary plat and the requirements of this ordinance.
Section 9-3101 Performance Guarantee
' In lieu of prior construction of the improvements required by this ordinance the Town of
Aurora may, for the purpose of approving a final plat, accept a performance guarantee by
contract from the subdivider that such improvements will be carried out according to the design
specifications as contained in Article K of this ordinance. Such guarantee by contract shall be in
one of the following forms.
1. A surety bond made by a surety company licensed to do business in North Carolina
' in an amount of not less than 100% nor more than 125% of the estimated cost of the construction
of the required improvements. The cost of construction shall be determined by the Board of
Commissioners.
2. A certified check or irrevocable letter of credit accompanied by the appropriate sight
draft, drawn in favor of the Town of Aurora in an amount of not less than 110% nor more than
125% of the estimated cost of the construction of the required improvements. The cost of
' construction shall be determined by the Board of Commissioners.
3. Cash deposited with the Town of Aurora in an amount of not less than 110% nor
' more than 125% of the estimated cost of the construction of the required improvements. The cost
of construction shall be determined by the Board of Commissioners.
4. Land, the value of such property shall be not less than 100% of the estimated cost of
' construction of the required improvements. The cost of construction shall be determined by the
Board of Commissioners.. The Beaufort County Tax Assessor, or his authorized agent, shall
establish the value of any property so used. The Board of Commissioners shall retain the right to
ireject the use of any property when the value of such property is sufficiently unstable, or for
other reasons that could inhibit the Town from exchanging the property for a sufficient amount
of money to complete the required improvements. When property is offered as an improvement
' guarantee, the subdivider shall:
(a) Execute an agreement with the trustee, instructing the trustee to release the property
' to the Town of Aurora in the case of default. The agreement shall also state that the property
may be released only upon consent of the Board of Commissioners. The agreement shall be
placed on file with the Town Clerk.
' (b) File with the Board of Commissioners an affidavit affirming that the property to be
used as a performance guarantee is free and clear of any encumbrances or liens at the time it is to
be put in trust.
17

' (c) Execute and file with the Board of Commissioners an agreement stating that the
property to be placed in trust as a performance guarantee will not be used for any other purpose,
' or pledged as a security in any other matter, until it is released by the Board of Commissioners.
Section 9-3102 Final Plat Review Relationship to Performance Guarantees
No final plat will be accepted for review by the Planning Board unless accompanied by
written notice by the Board of Commissioners of Aurora acknowledging compliance with
Article G, Section 9-3064 of this ordinance.
' Section 9-3103 Defects Guarantee
The Board of Commissioners shall require a bond guaranteeing utility taps, curbs, gutters,
' street pavement, sidewalks, drainage facilities, water and sewer lines, and other improvements
against defects for one year. This bond shall be in an amount determined by the Planning Board
in consultation with the Technical Review Committee and shall be in cash or be made by a
I
surety company authorized to do business in North Carolina.
Section 9-3104 Final Plat Review Contingent. Upon Execution of Guarantees
No final plat will be accepted for review by the Planning Board or the Board of
Commissioners unless accompanied by written notice by the Town Clerk acknowledging
' compliance with this ordinance, as well as all other municipal ordinances.
' Section 9-3105 The Final Plat
The final plat shall constitute only that portion of the preliminary plat which the subdivider
' proposes to record and develop at the time; such portion shall conform to all requirements of this
ordinance.
No final plat shall be approved unless and until the subdivider shall be installed in that area,
' represented on the final plat, all improvements required by this ordinance or shall have
guaranteed their installation as provided for in Section 9-3101 of this ordinance. .
Section 9-3106 Plat Submitted
The subdivider shall submit the final plat, so marked, to the Chairman of the Planning Board
' or his designee not less than fourteen (14) business days prior to the Planning Board meeting at
which it will be considered for approval; further, the plat shall be submitted not more than
twelve (12) months after the date on which the preliminary plat was approved, otherwise such
' approval shall be null and void unless a written extension of this limit is granted by the Planning
Board on or before one-year anniversary of the approval.
18

Section 9-3107 Plat Prepared
' The final plat shall be prepared by a surveyor or professional engineer licensed and
registered to practice in the State of North Carolina. The final plat shall substantially conform to
the preliminary plat as it was approved. The final plat shall conform to the provisions of plats,
' subdivisions, and mapping requirements as set forth in General Statute 47-30.
Section 9-3108 Final Plat Requirements
Number of Copies and Graphic Media — Three (3) copies of the final plat shall be submitted;
one (1) of these shall be drawn in ink on material suitable for reproduction; two (2) shall be
black or blue line paper prints.
Size of Plat and Scale — Final plats shall have an outside marginal size of not more than
twenty-one (21) inches by thirty (30) inches nor less than eight and one-half (8 1/2) inches by
eleven (11) inches, including one and one-half (1 1/2) inch for binding on the left margin and
one half (1/2) inch border on each of the other sides. Where size of land areas or suitable scale to
assure legibility require, maps may be placed on two (2) or more sheets with appropriate match
lines. Final plats shall be drawn at a scale of one (1) inch equals two hundred (200) feet, or
greater.
Administrative Fees — Submission of the final plat must be accompanied by a filing fee set by
the Town Board of Commissioners and posted at Town Hall.
Certification Required — The following signed certificates shall appear on all copies of the final
plat which are submitted to the Planning Board by the subdivider:
1. Certificate of Ownership and Dedication
I hereby certify that I am the owner of the property shown and described hereon, which is
located in the subdivision jurisdiction of the Town of Aurora and that I hereby adopt this plan of
subdivision with my free consent, established minimum building setback lines, and dedicate all
streets, alleys, walks, parks, and other sites and easements to public or private use as noted.
Furthermore, I hereby dedicate all sanitary sewer, storm sewer and water lines to the Town of
Aurora.
Date Owner(s)
2. Certification of Approval of Water Supply and Sewage Disposal Systems _
I hereby certify that the water supply and sewage disposal systems installed or proposed for
installation in (name) Subdivision meet necessary public health requirements, and
are hereby approved.
Date
County Health Officer or
His Authorized Representative
11
19

n
U
11
(Above Certification not required for subdivisions which are connected, or will be connected, to
existing publicly owned and operated water supply and sewage disposal systems.)
3. Certificate of Survey and Accuracy
I, , certify that this map was (drawn by me) (drawn under my
supervision) from (an actual survey made by me) (an actual survey made under my supervision)
(deed description recorded in Book , Page , Book , Page , etc.)
(other); that the error of closure as calculated by latitudes and departures is ; that the boundaries
not surveyed are shown as broken lines plotted from information found in Book , Page
that this map was prepared in accordance with G. S. 47-30 as amended. Witness my
hand and seal this day of A.D., 19
Surveyor or Engineer
License or Registration Number
4. Certificate or Approval of the Design and Installation of Streets, Utilities, and other
Required Improvement
I hereby certify that all streets, utilities and other required improvements have been installed
in an acceptable manner and according to Town of Aurora specifications and standards in the
(name) Subdivision or that guarantees of the installation of the required
improvements in an amount and manner satisfactory to the Town of Aurora has been received,
and that the filing fee for this plat, in the amount of $ has been paid.
Date
Section 9-3109 Final Plat Contents Required
Town Clerk
The final plat shall depict or contain the following information; plats not illustrating or
containing the following data shall be returned to the subdivider or his authorized agent for
completion and resubmission.
1. The name of the subdivision.
2. The exact boundary lines of the tract to be subdivided fully dimensioned by lengths
and bearings, and the location of intersecting boundary lines of adjoining lands.
3. Scale denoted both graphically and numerically.
4. The plans for utility layouts, including sewers, storm sewers, water distributing lines,
natural gas, telephone and electric service, illustrating connections to existing systems or plans
for individual water supply systems or plans for individual water supply systems and/or sewage
disposal systems. Plans must show line sizes, the location of fire hydrants, blow -offs, manholes,
pumps, force mains, and gate valves.
5. Street names.
1
xf;

6. The location, purpose, and dimensions ofareasto be used for purposes other than
residential.
' 7. Minimum building setback lines.
8. The names and addresses of owners of adjoining properties and any adjoining
subdivisions of record (or proposed and under review with present use).
9. The location and dimensions of all rights -of -way, utility or other easements, riding trails,
natural buffers, pedestrian or bicycle paths, and areas to be dedicated to public use with the
purpose of each stated.
' 10. Right -of -way lines, and pavement widths of all streets, and the location and width of
all adjacent streets (public and private) and easements.
11. Property lines, buildings or other structures, water courses, railroads, bridges culverts,
storm drains, both on the land to be subdivided and on the land immediately adjoining, corporate
limits, township boundaries, and county lines.
' 12. The accurate locations and descriptions of all monuments, markers, and control
points.
13. The blocks numbered consecutively throughout the entire subdivision and the lots
' numbered consecutively throughout each block.
14. The deed restrictions or any other similar covenants proposed for the subdivision, if
any.
15. The date of the survey and plat preparation.
16. North arrow and declination.
17. All certifications as required by Section 9-3108 of these Subdivision Regulations and
' State Statutes.
18. The name (s) of the township (s) , county (s) , and state in which the subdivision is
' located.
19. The name(s) , address(es), and telephone number(s) of the owner(s), mortgagee(s),
registered surveyor(s), land planner(s), architect(s), landscape architect(s), and professional
' engineer(s) responsible for the subdivision and the registration number(s) and seal(s), of the
professional engineer(s) and registered surveyor(s).
20. Any other information considered by either the subdivider or the Planning Board to
' be pertinent to the review of the final plat.
Section 9-3110 Maintenance Guarantee
The Tow
n Clerk shall secure from all subdividers a letter in which said subdivider shall
agree to maintain the backfill and any improvements located thereon and any ditch, which has
' been dug in connection with the installation of such improvements. Such a letter shall be binding
on the subdivider for a period of one year after the acceptance of such improvements by the
Town of Aurora.
1 21

' Section 9-3111 Review Procedure
' Final plats shall be reviewed according to the following procedures:
Public Hearing
Upon receipt of formal application and all accompanying material, the Town Clerk shall call
' a public hearing. Notice of public hearing shall be given in a newspaper of general circulation in
Beaufort County at least fifteen (15) business days prior to the date set for the public hearing.
Copies of the final plat with any additional construction plans will be maintained at Town Hall
' for public review prior to the hearing. At the time of the public hearing, the applicant shall
submit an affidavit stating that he has notified by certified mail, each adjacent add/or opposite
' owner of property as indicated on the application for subdivision approval at least ten (10)
business days prior to the public hearing. At the public hearing the Planning Board will give any
opportunity to any interested person(s) to examine or comment upon the final plat and
construction plans.
Planniniz Board Review
The Planning Board shall approve or disapprove the final plat. within thirty (30) business
' days after the public hearing.
During its review of the final plat, the Planning Board may appoint any engineer or surveyor
to confirm the accuracy of the final plat. If substantial errors are found, in the opinion of the
' Planning Board, the costs for corrections shall be charged to the subdivider and the plat shall not
be approved until such errors have been corrected.
The Planning Board shall approve, modify and approve, or disapprove the subdivision
application by resolution, which shall set forth in detail the following:
1. Any conditions to which approval is subject.
2. The period of time when the performance bond shall be filled or the required
t improvements installed, whichever is applicable.
3. If approval is denied, the reasons for disapproval.
One copy of this resolution shall be submitted to the subdivider within fifteen (15) business
' days from the date of the resolution; one copy shall be retained by the Planning Board as a part
of its proceeding, and one copy shall be sent to the Town Clerk along with one copy of the final
' plat and construction plans, to be presented to the Aurora Board of Commissioners.
Board of Commissioners Review
The Aurora Board of Commissioners shall review the final plat with the resolution and any
' additional recommendations from the Planning Board and shall approve or disapprove the plat
within forth -five (45) business days after the final plat public hearing held by the Planning
Board.
If the Board of Commissioners approves the final plat, such approval shall be shown on each
copy of the plat by the following signed certificate:
1
1
22

Certificate of Approval for Recording
I hereby certify that the subdivision plat shown hereon has been found to comply with the
Subdivision Regulations for Aurora, North Carolina and that this plat has been approved by the
Town Board of Commissioners for recording in the office of the Register of Deeds of Beaufort
County.
Date
(Seal)
Town Clerk for Board of Commissioners
Town of Aurora
.If the final plat is disapproved by the Board of Commissioners the reasons for such
disapproval shall be stated in writing, specifying the provision(s) of this ordinance with which
the final plat. does not comply. One(1) copy of such reasons shall be retained by the Board of
Commissioners as a part of its proceedings; one (1) copy shall be transmitted to the subdivider.
If the final plat is disapproved, the subdivider may make such changes as will bring the final plat
into compliance with this ordinance and resubmit same for the reconsideration by the Planning
Board.
Section 9-3112 Effect of Plat Approval on Dedications
The approval of a final plat shall not be deemed to constitute or effect the acceptance by the
Town of Aurora of the dedication of any street or other ground, public utility line, or other
public facility shown on the plat. However, the Town of Aurora may by resolution of the Board
of Commissioners accept any dedication made to the public of lands or facilities for streets,
parks, public utility lines, or other public purposes, when the lands or facilities are located within
its subdivision regulation jurisdiction. All streets must be designated either "Public" or "Private".
Acceptance of dedications of lands or facilities located within the subdivision regulation
jurisdiction, but outside the corporate limits of Aurora shall not require the town to open,
operate, repair, or maintain any street, utility line, or other land or facility, and the town shall in
no event be responsible in any civil action or proceeding for failure to open, repair, or maintain
any street located outside its corporate limits.
Section 9-3113 Disposition of Copies
If the final plat is approved by the Board of Commissioners, one (1) print of the plat shall be
returned to the subdivider. One (1) reproducible tracing shall be filed with the Town Clerk, and
one (1) print shall be retained by the Planning Board.
23

Section 9-3114 Recording of the Final Plat
It shall be the responsibility of the Town Clerk to file the plat with the Register of Deeds of
Beaufort County for recording within thirty (30) days after the date of Board of Commissioners
approval; otherwise such approval shall be null and void.
Section 9-3115 Resubdivision Procedures
For any replatting or resubdivision of land, the same procedures, rules, and regulations shall
apply as prescribed herein for an original subdivision. Lot sizes may, however, be varied on an
approved plan after recording, provided that;
1. No lot or tract of land shall be created or sold that is smaller than the size shown on
the approved plan.
2. Drainage, easements or rights -of -way shall not be changed.
3. Street alignment and block sizes shall not be changed.
4. The property line between the back of the lots shall not be changed.
5. The rear portion of lots shall not be subdivided from the front part.
6. The basic planning and design principles from the original approved subdivision shall
be maintained.
Section 9-3116 . Plat May Be Required on Any Subdivision of Land
Pursuant to G. S. 160A-372, the Aurora Board of Commissioners may require of the
subdivider that a plat be prepared, approved, and recorded pursuant to the provisions of this
ordinance whenever any subdivision of land takes place.
Section 9-3117 through 9-3126 Reserved
, 24

' ARTICLE K IMPROVEMENTS AND MINIMUM STANDARDS OF DESIGN
Section 9-3127 Name of Subdivision
s
The name of a proposed subdivision shall not duplicate nor closely approximate the name of
an existing subdivision within town limits or extraterritorial jurisdiction of the Town of Aurora.
Section 9-3128 General Design Standards
All standards and specifications of the Town of Aurora, as now or hereafter adopted, shall
govern the design, construction, and installation of all improvements. The Town Board of
' Commissioners may order the suspension of work being performed, if said standards and
specifications are not adhered to.
Section 9-3129 Site Conditions
During construction, the building sites, shall be maintained by the subdivider so that adjacent
residential or commercial development will not be disturbed. Specific requirements include
keeping through streets in usable condition, maintaining a clean building site and preventing
litter from construction sites being deposited in adjacent lots and yards. No cut trees, tree
' stumps, timber, debris, earth, rocks, stones, junk, rubbish or other waste material of any kind
shall be buried anywhere, or left, or deposited on any part of the subdivision at the time of the
issuance of a certificate of occupancy.
Section 9-3130 Natural Assets
' In any subdivision, due consideration will be given to preserving and safeguarding the
natural assets of the community, including, but not limited to, watercourses, trees, and existing
natural vegetation.
Section 9-3131 Suitability of Land
' Storm Water Drainage
The subdivider shall provide an adequate drainage system for the proper drainage of all
' surface water. The following design standards shall be adhered to:
1. No surface water shall be channeled or directed into a sanitary sewer.
2. The subdivider shall connect to an existing storm drainage system.
' 3. Where an existing storm drainage system cannot feasibly be extended to the
subdivision, a surface drainage system shall be designed to protect the proposed development
' from standing storm water or other water damage.
4. Surface drainage courses shall have side slopes of at least two (2) feet of horizontal
distance for each one (1) foot of vertical distance, and courses shall be of sufficient size to
' accommodate the drainage area without flooding.
' 25

' The minimum grade along the bottom of a surface drainage course shall be a vertical
5 g g
fall of at least one (1) foot in each 500 feet of horizontal distance.
The design of any drainage system shall be subject to the approval of the Town Board of
Commissioners.
Sedimentation Pollution Control
rIn order to prevent soil erosion and other sedimentation pollution problems, the subdivider
shall comply with all requirements of the "North Carolina Sedimentation Pollution Control Act
of 1973, and obtain approval from appropriate state agency of an erosion and sedimentation
' plan.
Prevention of Flood Damage
Lands known to be within a flood plain or any area known to be subject to flooding shall be
' so identified on the preliminary plat. Appropriate deed restrictions shall be filed for those lands
subject to flooding, prohibiting their development for dwellings or other uses unless the sites are
' flood -protected as follows:
1. No structure or fill shall be placed in the floodway, which would interfere with the
natural watercourse.
' 2. Streets and utilities lines and structures may be placed within the flood plain only if
their elevation is above maximum flood heights or if they are otherwise flood -protected.
3. Buildings and dwelling units shall be built with a foundation heights sufficient to
' place the lowest habitable floor level above the maximum flood height for the area in which the
building is to be constructed.
' Section 9-3132 Physical Improvements
' Design Standards for Lots
The lot size, width, depth, shape, orientation and minimum building setback lines shall meet
and conform to the standards specified by the Aurora Zoning Ordinance for the district in which
' the subdivision is located. All non-residential lots and other open space shall be designed to be
appropriate for the type of development and use contemplated and shall be subject to approval
by the Planning Board.
Large Tracts or Parcels
Where land is subdivided into large parcels than ordinary building lots, such parcels should
be so arranged so as to allow for the opening of future streets and logical further subdivision.
Section 9-3133 Streets
' Coordination and Continuation of ExistingStreets
treets
The proposed street layout within a subdivision shall be coordinated with the existing street
system of the surrounding area and where possible, existing principal streets shall be extended.
Street Names
Proposed streets which are obviously in alignment with existing streets shall be given the
' same name. In assigning new names, duplication of existing names shall be avoided and in no
case shall the proposed name be phonetically similar to existing names regardless of the use of a
suffix such as street, road, drive, place, court, etc. Street names shall be subject to the approval
' of the Planning Board.
1
26

'
Design Standards
Pavement widths and right-of-way widths shall not be less than the following:
Type of Street
R-O-W (feet)
Pavement (feet)
Minor Arterial
100
44
(with curb & gutter)
40
(without curb & gutter)
Major Collector
80
44
(with curb & gutter)
40
(without curb & gutter)
'
Minor Collector
60
28
(with curb & gutter)
24
(without curb & gutter)
t24
Local Road
50
28
(with curb & gutter)
(without curb & gutter)
'
Specific Types of Streets:
Cul-de-sac
50
28
(with curb & gutter)
'
75 (Radius)
24
(without curb & gutter)
Alley (no parking)
24
18
' Roads and Streets Surfaces
All subdivision streets and roads shall be constructed to meet the current requirements of the
North Carolina Department of Transportation, Division of Highways, standards for State
' maintenance.
Tangents
A tangent of at least twenty (20) feet shall be provided between reverse curves on all streets.
' Street Intersections
Street intersections shall be laid out as follows:
1. All streets shall intersect as nearly as possible at right angles and no street shall
intersect at less than 60 degrees.
2. Intersections with a major collector street shall be at least 1,000 feet apart measured
' from centerline to centerline.
3. Where a centerline offset (jog) occurs at an intersection, the distance between
centerlines of the intersecting streets shall not be less than 125 feet.
4. Property lines of street intersections shall be rounded with a minimum radius of 25
feet. At an angle of intersection of less than 90 degrees, a greater radius is required, to be
determined by the Planning Board.
' 5. Proper sight lines shall be maintained at all intersections of streets. There shall be a
clear sight distance of 150 feet for major streets and 75 feet for all other streets from the point of
intersection as measured along the centerline. No building or obstruction shall be permitted on
this area.
Landscaping
All streets and parking areas shall be provided with adequate shading by deciduous trees to
rmaximize cooling during the summer months. Trees shall be:
1. Spaced a minimum of 25 feet
' 2. Alternately spaced on opposing street sides
27

3. Spaced at regular intervals without regard to property lines
4. Shall be plated for entire block at the same time.
Cul-de-Sacs
Permanent dead-end streets shall not exceed 500 feet in length, and shall be provided with a
turn -around having a pavement diameter of 75 feet.
Section 9-3134 Blocks
' General
The lengths, widths, and shapes of blocks shall be determined with due regard to:
' 1. Provisions of adequate building sites suitable to the special needs of the use
contemplated.
2. Zoning requirements as to lot sizes and dimensions.
3. Needs for vehicular and pedestrian circulation.
4. Control and safety of street traffic.
Block Length
' Blocks shall not be less than 400 feet nor more than 1,320 feet in length.
Block Width
Blocks shall have sufficient width to allow two tiers of lots of minimum depth except where
' single tier lots are required to separate residential development from through vehicular traffic or
another type of use or when abutting a water area.
Pedestrian Crosswalks
' Where deemed necessary by the Planning Board a pedestrian crosswalk at least 15 feet in
width may be required to provide convenient public access to a public area such as a park,
school, or to a water area such as a stream, river or lake.
Section 9-3135 Water and Sewerage Systems
' The preliminary subdivision plat must be accompanied by satisfactory evidence as to the
proposed method and system of water supply and sanitary sewage collection and disposal as
follows.
1. Where the system is to be connected to the system owned and operated by the Town
of Aurora, but not constructed by the town, the preliminary subdivision plat shall be
' accompanied by a complete set of construction plans for the proposed system, prepared by a
registered engineer, and approved by the Town Board and the appropriate State agencies. Water
supply systems shall be approved by the Town Board with recommendation from the Aurora
' Fire Department as to the location of hydrants and size of mains. No mains shall be less than six
inches inside diameter, and shall be laid out so as to create a complete loop circuit, with no
dead end lines in excess of 300 feet. A blowout shall be placed at the dead end. Water and sewer
lines should be installed in the street right-of-way where possible.
2. Where the proposed system will not make use of facilities owned and operated by the
' town, the proposed facilities shall be approved by the appropriate State and local agencies.
3. Where public or community water supply and/or sewerage systems are not available
or to be provided, a written statement from the Beaufort County Health Department shall be
28

submitted with the preliminary plat indicating that each lot has adequate land area, and soil
conditions suitable to accommodate the proposed methods of water supply and sewage disposal.
Section 9-3136 Easements
Utility Easements
Easements for underground or above ground utilities shall be provided where necessary
across lots or preferable centered on rear or side lot lines and shall be at least thirty (30) feet in
width.
Drainage Easement
Where a subdivision is traversed by a stream or drainage way, an easement shall be provided
conforming with the lines of such stream with a minimum width of thirty (30) feet for drainage
ways.
Buffer Strips
A buffer strip at least ten (10) feet in width shall be required by the Planning Board adjacent
to a major street or a commercial or industrial development. This strip shall be in addition to the
normally required lot dimension, shall be part of the platted lot, and shall be reserved for the
planting of trees and shrubs by the owners.
Sections 9-3137 through 9-3147 Reserved
29

ARTICLE L COMPLIANCE WITH OFFICIAL PLANS AND MUNICIPAL
ORDINANCES
' Section 9-3148 Zoning and Other Plans
Proposed subdivisions. must comply in all respects with the requirements of the Aurora
Zoning Ordinance and Aurora Land Use Plan in the area to be subdivided, and any other
officially adopted plans and municipal ordinances.
Sections 9-3149 through 9-3152 Reserved
�
30

ARTICLE M ENACTMENT AND EFFECTIVE DATE
The Board of Commissioners of the Town of Aurora pursuant to the authority conferred by
G. S. Chapter 160A, Article 19, Part 2, does hereby ordain and enact into law the following
Articles and Sections to take effect and be in force from and after the 7th day of
December , 19 98 Date
Month Year
Mayor
SEAL
�ay V
Town Clerk
31

1
1 ARTICLE N SUBDIVISION ADMINISTRATOR
The Aurora Town Board of Commissioners will be the final authority for approval.
1
1
1
1
1
1
i
i
1
1
1
1 .
32
1

TOWN OF AURORA
CHAPTER 4
ZONING

TABLE OF CONTENTS
'
ARTICLE A. TITLE AND INTENT..................................................................................1
Section
. 9-4001
Establishment of regulations.................................................................1
Section9-4002
Intent......................................................................................................I
'
Sections
94003 through 94010 Reserved.......................................................................... I
ARTICLEB. DEFINITIONS..............................................................................................2
'
Section
9-4011
Definitions pertaining to grammatical usage.........................................2
Section
9-4012
Definitions pertaining to access, and to buildings.................................2
Section
9-4013
Definitions concerning a lot..................................................................2
'
Section
9-4014
Definitions pertaining to land use ..................................................
Section
9-4015
Definitions pertaining to the measurement of land area and
requiredopen space .............................................. ................................. 3
'
Section
9-4016
Definitions pertaining to building use...................................................4
Section
9-4017
Definitions pertaining to building measurements..................................6
Section
9-4018
Definitions pertaining to uses or situations which are to be
'
given special treatment..........................................................................6
Sections
9-4019 through 9-4020 Reserved..........................................................................6
' ARTICLE C. ESTABLISHED OF ZONING DISTRICTS AND MAP..........................7
Section 9-4021 Division into zoning districts.................................................................7
Section
9-4022
Zoning district boundaries shown on zoning map.................................7
' Section
9-4023
Interpretation of district boundaries...................................................... 7
Section
9-4024
Required conformance to town ordinances and district regulations..... 8
' Section 9-4025 Use districts .............................................. 8
Section 9-4026 Intent of districts.................................................................................... 8
Sections 9-4027 through 94030 Reserved..........................................................................9
' ARTICLE D. ESTABLISHMENT OF USE REGULATIONS AND SCHEDULE ..... 10
Section 9-4031 Establishment of use regulations.........................................................10
' Section 9-4032 Schedule of permitted uses by district.................................................10
Sections 9-4033 through 9-4040 Reserved.......................................................................12
' ARTICLE E. ESTABLISHMENT OF AREA, HEIGHT, AND PLACEMENT
REGULATIONS.........................................................................................13
Section 9-4041 Establishment of area, height, and placement regulations ...................13
' Section 94042 Schedule of area, height, and placement regulations ..........................13
Sections 9-4043 through 9-4050 Reserved....................................................................13
ARTICLE F. APPLICATION OF AREA, HEIGHT, PARKING, AND
'
Section
PLACEMENT REGULATIONS..............................................................14
9-4051 • Regulations encumbering land required to satisfy regulations ...........
14
'
Section
9-4052 Exceptions to height limits..................................................................14
Section
9-4053 Averaging an existing front setback line.............................................14
Section
9-4054 Corner lot setback on the side street....................................................14

'
TABLE OF CONTENTS
(Continued)
'
Section
9-4055
Accessory buildings .....................
Section
9-4056
Permitted projections into required open space...................................15
'
Section
9-4057
Merger/Consolidation of lots of record.......................I........................15
Section
9-4058
Rear dwellings and alley dwellings.....................................................16
Section
9-4059
Special protection at C-1 boundaries...................................................16
Section
9-4060
Off street parking and loading.............................................................16
ARTICLEG. SPECIAL USES..........................................................................................19
Section9-4061
Purpose................................................................................................19
Section
9-4062
Procedures for submission and consideration of
applications for approval of special uses.............................................19
'
Section
9-4063
General Requirements.........................................................................20
Section
9-4064
Specific requirements, generally.........................................................20
Section
9-4065
Specific requirements, generally.........................................................20
'
Section
9-4066
Food processing...................................................................................22
Section
9-4067
Textile manufacture.............................................................................23
Section
9-4068
Clothing manufacture
'
Section
9-4069
.........................................................................••24
Petroleum storage.. ..25
Section
9-4070
Business and professional offices........................................................26
Section
94071
Multiple family dwellings...................................................................27
'
Section
9-4072
Boat launching, storage and docking...................................................28
Sections
9-4073 through 9-4080 Reserved........................................................................29
.ARTICLE H. NONCONFORMANCE.............................................................................30
Section
9-4081
Statement of intent...............................................................................30
Section
9-4082
Use nonconformance...........................................................................30
Section
9-4083
Structure nonconformance...................................................................30
Sections
9-4084 through 9-4090 Reserved........................................................................31
'
ARTICLE I.
ADMINISTRATION..................................................................................32
Section
9-4091
Establishment of administrative offices ..............................................
32
- - Section
9-4092
Duties and limitations of the building official.....................................32
Section
9-4093
Application for zoning compliance permit ..........................................
32
Section
94094
Issuance of zoning compliance permit................................................32
'
Section
9-4095
Zoning compliance permit required .................................................... 33
Section9-4096
Fees......................................................................................................33
'
Sections
94097 through 94100 Reserved........................................................................33
ARTICLE J. BOARD OF ADJUSTMENT.....................................................................34
Section
9-4101
Board of adjustment, establishment of ................................................ 34
'
Section
94102
Powers of board................................................................................... 34
Section
9-4103
Application of the variance power.......................................................34
Section
Section
9-4104
9-4105
'Application of special exception power ..............................................
Board of adjustment administration....................................................35
35
Sections
9-4106 through 9-9110 Reserved........................................................................36
ii

'
TABLE OF CONTENTS
(Continued)
'
ARTICLE K. AMENDMENTS............................................................. ............................37
Section9-4111
Intent....................................................................................................37
'
Section
9-4112
Amendment initiation..........................................................................37
Section
9-4113
Referral of amendment petition to planning board ..............................
37
Section
9-4114
Action of the planning board...............................................................37
Section
9-4115
Public hearing and notice thereof........................................................
37
Section
9-4116
Protest petition.....................................................................................38
'
Section
Section
9-4117
9-4118
Procedure for amendment petitions.....................................................38
Comprehensive review of chapter.......................................................38
Sections
9-4119 through 9-4120 Reserved........................................................................39
'
ARTICLE L. VIOLATIONS AND PENALTIES...........................................................40
Section
9-4121 Violations............................................................................................40
'
Section9-4122
Section
Penalties...............................................................................................40
9-4123 Remedies
.............................................................................................40
Sections
9-4124 through 9-4130 Reserved........................................................................40
'
ARTICLE M. LEGAL STATUS PROVISIONS AND EFFECTIVE DATE................41
Section9-4131
Severability..........................................................................................41
Section
9-4132 Application of the variance power.......................................................41
1
iii

ARTICLE A. TITLE AND INTENT
Section 9-4001 Establishment of regulations.
This chapter establishes comprehensive zoning regulations for the Town of Aurora and its
extraterritorial area, and provides for the administration, enforcement, amendment and
' supplementing thereof, in accordance with the provisions of Chapter 160A, Article 19, Part 3, of
the N.C. General Statutes, as amended, and for the repeal of all ordinances in conflict herewith.
(Ord. No. 1-77, 2/23/77, Sec. 1.1)
' Section 9-4002 Intent.
The intent of this chapter is implementation of the Aurora Land Use Plan, as amended and
supplemented, and the protection of the public health, safety, morals, and general welfare of the
present and future residents and inhabitants of the town and its extraterritorial planning jurisdiction
1 by:
(1) Protecting and preserving agriculture and the prime agricultural soils essential to its
conduct.
(2) Facilitating the adequate provision of transportation, sewerage, water, air, schools,
parks, open spaces, and other public improvements.
' (3) Providing standards for various types of dwelling units, so that the people may have
access :to decent, sound, affordable, sanitary, and safe and code compliant housing.
(4) Controlling and regulating the orderly and meaningful growth of the town and its
' extraterritorial area, concentrating development in the areas where adequate water and sewage
disposal facilities, roads, schools, and other public improvements can be provided.
(5) Regulating the height, building setback line, number of stories, and size of buildings and
' structures and the size of yards and open spaces surrounding buildings.
(6) Conserving the value of buildings and encouraging the most appropriate use of land
throughout the town, and the areas of extraterritorial jurisdiction. (Ord. No. 1-77, 2/23/77, Sec. 1.3)
State Law Reference: Zoning generally, G.S. 160A-380 et seq.
Sections 9-4003 through 9-4010 Reserved.
1

IARTICLE B. DEFINITIONS
Section 9-4011 Definitions pertaining to grammatical usage.
' (a) The word "shall' is always mandatory.
(b) The word "occupied" and the word "used" shall be considered as though followed by
the words "or intended, arranged, or designed to be used or occupied".
(c) The present tense includes the future tense and the future tense includes the present
tense.
' (d) The singular number includes the plural number and the plural number includes the
singular number.
(e) . Terms not herein defined shall have the meanings customarily assigned to them. (Ord.
' No. 1-77, 2/23/77, Art. 2.1)
' Section 9-4012 Definitions pertaining to access, and to buildings.
(a) Alley. A roadway, other than a street, which affords only a secondary means of access to
abutting property, and which is not intended for general traffic circulation.
' (b) Street. A public thoroughfare which is maintained by the State of North Carolina or the
Town of Aurora, and affords the principal means of access to abutting property.
' (c) Building. Any structure or edifice having a roof, including, but not limited to, tents,
awnings, carports, and such devices.
(d) Structure. Anything constructed or erected, including but not limited to buildings,
' which requires location on the land or attachment to something having permanent location on the
land.
(e) Structural alterations. Any change, except for repair or replacement, in the supporting
' members of a building such as, but not limited to, bearing walls, columns, beams, or girders. (Ord.
No. 1-77, 2/23/77, Art 2.2 through 2.3)
Section 9-4013 _ Definitions concerning a lot. - -
(a) Lot. A parcel of land in single ownership occupied or intended for occupancy by a
' building together with an accessory building, including the open space required under this chapter.
All of this land shall be shown on a map in a request for a zoning compliance certificate.
(b) Lot of record. A lot which is a part of a legally approved subdivision, a plat of which
' has been recorded in the office of the Register of Deeds of Beaufort County, or a lot in a legally
approved subdivision, and described by metes and bounds, the description of which has been
recorded in the office of the Register of Deeds in Beaufort County..
(c) Lot, corner. A lot abutting upon two (2) or more streets at their intersection.
(d) Lot, interior..Any lot other than a comer lot.
' (e) Lot, through. An interior lot having a street line for both the front lot line and the rear
lot line. (Ord. No. 1-77, 2/23/77, Art. 2.4)
11

Section 9-4014 Definitions pertaining to land use.
(a) Agriculture. The art and science of cultivating the ground, the production of crops or
livestock, excluding however, commercial_ greenhouses, the sale of nursery stock, riding stables,
mink or fox or similar fur farms and dairy operations.
' (b) Use, accessory. A subordinate use which is customarily incidental to the principal use
on the same lot. (See "building accessory", "building, principal", and "lot")
(c) Use, principal. The primary use and chief purpose for which a lot is used. (See
"building, accessory", "building, principal', and "lot".)
(d) Used salvage yard. A land use where waste or scrap materials are bought, sold,
exchanged, stored, packed, and disassembled including but not limited to used and wrecked
' automobiles or their parts.
(e) Service station. Buildings or premises, or portions thereof, arranged or designed, to be
used for the retail sale of oil, gasoline, or other fuel for use by motor vehicles, including facilities
rfor changing tires, tube repairing, polishing, greasing, washing or minor servicing of such motor
vehicles. (Ord. No. 1-77, 2/23n7, Art. 2.5)
(f) Subdivision. For the purposes of this ordinance, "Subdivision" means all divisions of a
' tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose of
sale or building development (whether immediate or future), and shall include all divisions of land
' involving the dedication of a new street or a change in existing streets; but the following shall not
be included within this definition nor be subject to the regulations authorized by this Part:
1. The combination or recombination of portions of previously platted lots where the total
' number of lots is not increased and the resultant lots are equal to or exceed the standards of the
town as shown in its subdivision regulations;
2. The division of land into parcels greater than ten (10) acres where no street right-of-way
' dedication is involved;
3. The public acquisition by purchase of strips of land for the widening or opening of
streets; and
' 4. The division of a tract in single ownership whose entire area is no greater that two (2)
acres into not more than three (3). lots, where no street right-of-way dedication is involved and
where the resultant lots are equal to or exceed the standards of the town, as shown in this ordinance.
Section 9-4015 Definitions pertaining to the measurement of land area and required
' open space.
(a) Lot line. A line which marks the boundary of a lot.
(b) Lot line, front. In the case of an interior lot, the lot line separating said lot from the
street; in the case of a corner lot or through lot, the lot line separating said lot from that street which
is designated as the front street in the request for a building permit.
(c) Lot line, rear. The lot line opposite and most distant from the front lot line; in the case
' of irregularly shaped lots, such lot line shall be an imaginary line parallel to the front lot line but not
less than ten (10) feet long and measured within said lot.
(d) Lot line, side. Any lot line which is not a front line or a rear lot line; a lot line separating
a lot from a side street is an exterior side lot line, while a lot line separating a lot from another lot,
or lots, is an interior side lot line.
3

' (e) Lot width. The length of a straight line drawn between the points where the front
required set back line intersects the side lot lines.
(f) Open space, required. The yard space of a lot which is established by and between the
street, or the lot lines, and the required setback line and which shall be open, unoccupied and
unobstructed by any structure or part thereof from the ground to the sky, except as otherwise
' provided by this chapter.
(g) Open space, front, required. The required open space extending the full width of the
lot and to a depth equal to the required setback line, measured horizontally at right angles to the
' front lot line.
(h) Open space, rear, required. The required open space extending the full width of the lot
and to a depth equal to the required setback line, measured horizontally at right angles to the rear
' lot line.
(i) Open space, side, required. The required open space extending from the required front
open space to the rear required open space and of a depth equal to the side required setback line,
' measured horizontally at right angles to the side lot line.
0) Setback line, required. A line, marking the setback distance from the street right-of-
way or lot lines, which establishes the minimum required front, side, and rear open space of a lot.
(Ord. No. 1-77, 2/23/77, Art. 2.6)
' Section 9-4016 Definitions pertaining to building use.
(a) Building, accessory. A subordinate structure, whether attached to detached, or a
' subordinate adjunct to the principal building, the use of which is customarily incidental to the
permitted use of the principal building.
(b) Building, principal. A building or, where the context so indicates, a group of buildings
in which is conducted the main or principal use of the lot on which said building is situated.
(c) Dwelling unit. Room or group of rooms forming a single habitable unit with facilities
used or intended to be used for living, sleeping, cooking, and eating by only one (1) family.
' (d) Dwelling, single family. A detached building containing only one (1) dwelling unit.
(e) Dwelling, two family. A detached building containing two (2) dwelling units.
(f) Dwelling, multi -family. A building containing three (3) or more dwelling units.
(g) Family. A single person or two (2) or more persons related by blood, foster relationship,
marriage or adoption, together with not more than three (3) additional persons not related by blood,
marriage or adoption, living together as a single household unit.
' (h) Garage, private. An accessory building to a principal building allowed in districts
where residences are permitted, providing for the storage of motor vehicles, and in which no
business, occupation, or service for profit is in any way conducted.
' (i) Garage, public. Any garage, except a private garage or a community garage, used for
the storage or care of motor vehicles, or where any such vehicles are equipped for operation,
' repaired, or kept for remuneration, hire, or sale.
0) Garage, community. An accessory building having no public shop or service in
connection therewith, for, the storage of noncommercial vehicles.
' (k) Guest house. Any dwelling occupied by owner or operator in which not more than five
(5) rooms are rented for guests, transients or travelers for compensation, but where no meals are
served for compensation.
4

' (1) House occupation. An occupation, which is customarily carried on in the house
provided:
' (1) Such occupation be conducted by members of the family resident in the dwelling unit.
(2) No more than 25 percent of floor area shall be devoted to the occupation.
(3) The occupation shall be confined to the principal building.
' (4) , No mechanical equipment is installed or used other than that which is normally found in
residential structures.
(5) No merchandise or commodity is offered for sale.
(m) Hotel. A building, other than a guest house, used as a place where rooms and sleeping
accommodations are supplied for pay to transient or permanent guests. This definition includes a
motel of similar characteristics.
(n) Mobile/Manufactured home. A residential dwelling unit built to the most recent
standards. of the U.S. Department of Housing and Urban Development and composed of one or
more components, each of which was substantially assembled. in a. manufacturing : plant and
' designed to be transported to the home site on its own chassis. Travel trailers and campers shall not
be classified as Mobile/Manufactured Homes.
(1) Mobile/Manufactured home, Class A. A mobile/manufactured home constructed after
' July 1, 1976, that meets or exceeds the most recent construction standards promulgated by the U.S.
Department of Housing and Urban Development and that satisfies the following criteria:
' a. Length of the mobile/manufactured home does not exceed the width by more than four
times;
b. The mobile/manufactured home is at least 20 feet wide;
C. The pitch of the mobile/manufactured home's roof has a minimum vertical rise of two
and two -tenths feet for each twelve feet of horizontal run (2.2' in 12) and the roof is finished with a
type of shingle that is commonly used in standard residential construction;
' d. The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding
(that does not exceed the reflectivity gloss of white paint), wood or hardboard comparable in
composition, appearance and durability to the exterior siding commonly used in standard residential
' construction;
e. A continuous, permanent masonry foundation, unpierced except for required ventilation
and access, is installed under the mobile/manufactured home;
' - f. The tongue, -axles, transporting lights and removable towing apparatus are removed
subsequent to final placement;
g. The mobile/manufactured home is placed on land owned by the owner of the
i mobile/manufactured home, which will be listed and taxed as real property.
(2) Mobile/Manufactured home, Class B. A mobile/manufactured home constructed after
July 1, 1976, that meets or exceeds the most recent construction standards promulgated by the U.S.
Department of Housing and Urban Development but that does not satisfy one or more of the criteria
necessary to qualify as a Class A mobile/manufactured home.
(o) Mobile/Manufactured home park. A plot of land, together with all contiguous or
' adjoining parcels of land that are owner or controlled by the same person(s), which has been
planned or improved for the placement and rental of either two or more mobile/manufactured
homes or two or more land sites for placement of mobile/manufactured homes for dwelling or
sleeping purposes. (Ord. No. 1-77, 2/23/77, Art. 2.7)
(p) Modular home. A factory -fabricated, transportable building constructed to meet North
Carolina Building Code standards and designed to be used by itself or, in the case of a sectional
5
i

' home, to be joined with similar units into a modular whole, placed on a permanent foundation and
used for residential purposes.
' Section 9-4017 Definitions pertaining to building measurements.
(a) Building height. The vertical distance measured from the elevation of the. proposed or
completed finished grade at the front of the building to the highest point of the roof for flat roofs, to
the deck lines of mansard roofs, and to the mean height between eaves and ridge for gable, hip and
gambrel roofs.
' (b) Story. That portion of a building included between the surface of any floor and the
surface of the next floor above it, or if there is no floor above it, then the space between the floor
' and the ceiling next above it. (Ord. No. 1-77, 2/23/77, Art. 2.8)
Section 9-4018 Definitions pertaining to uses or situations which are to be given
special treatment.
(a) Nonconforming use. A use of either land or structure lawfully existing at the time of the
' enactment of this chapter, or a subsequent amendment thereto, that does not conform to the
applicable use provisions, as shown in the schedule of use regulations.
(b) Nonconforming building or structure. A building or structure lawfully existing at the
' time of the enactment of this chapter, or a subsequent amendment thereto, that does not conform to
the schedule of area, height, and placement regulations of this chapter. (Ord. No. 1-77, 2/23/77, Art.
2.9)
- through 9-4020 Reserved.
Sections 9 4019 t g
L
� 6

' ARTICLE C. ESTABLISHED OF ZONING DISTRICTS AND MAP
Section 9-4021 Division into zoning districts.
' The Town of Aurora and its extraterritorial planning jurisdiction shall be and hereby is, divided
into zoning districts as enumerated in the schedule of use regulations and the schedule of area,
' height, and placement regulations. (Section 9-4042)
Section 9-4022 Zoning district boundaries shown on zoning map.
' The boundaries of said zoning districts are hereby established as shown on the zoning map
which accompanies this chapter and which, with all notations, references, and other information
' shown thereon, shall be as much a part of this chapter as if fully described herein. The zoning map
shall be certified as the official copy by the town clerk and kept on display in the town hall. Maps
and descriptions accompanying enacted amendments shall be displayed adjacent to the official copy
' until such time as the official copy is corrected.
' Section 9-4023 Interpretation of district boundaries.
When there is any uncertainty as to the intended location of any zoning district boundary on the
' Aurora Zoning Map, the zoning administrator shall make an interpretation of said map upon
request, in writing, of any person. Any person aggrieved by any such interpretation may appeal
such interpretation to the Board of Adjustment. The zoning administrator, and the Board of
' Adjustment, in interpreting the zoning map or deciding any appeal, shall apply the following
standards:
(1) Boundaries indicated as approximately following the center lines of streets, highways,
' or alleys shall be construed as following such center lines.
(2) Boundaries indicated as approximately following lot lines shall be construed as
following such lot lines.
' (3) Boundaries indicated as approximately following town limits shall be construed as
following such town limits.
(4) Boundaries indicated as following railroad lines shall be construed to be midway
' between the main tracks.
(5) Boundaries indicated as following shore lines shall be construed to follow such shore
lines; in the event of change in the shore line, the boundary shall be construed as moving with the
' actual shore lines; boundaries indicated as approximately following the center lines of streams,
rivers, canals, lakes, or other bodies of water shall be construed as following such center lines.
(6) Boundaries indicated as parallel to or extensions of features indicated in subsections 1
' through 5 above shall be so construed. Distances not specifically indicated on the Aurora Zoning
Map shall be determined.by reference to the scale of the map.
(7) Where physical or cultural features existing on the ground are at a variance with those
shown on the Aurora Zoning Map, or in other circumstances not covered by subsections 1 through
6 above, the Board of Adjustment shall interpret the district boundaries.
t
7
1

' (8) Where district boundary line divides a lot, which was in single ownership at the time of
this ordinance, the Board of Adjustment may permit as a special exception the extension of the
' regulations for either portion of the lot. (Ord. No. 1-77, 2/33/77, Art. 3.3)
Section 9-4024 Required conformance to town ordinances and district regulations.
Except as otherwise provided in this chapter, no structure or land shall hereafter be used or
occupied, and no structure, or part thereof, shall be altered, moved, erected, or built except in
' conformity with the town ordinances and regulations herein specified for the zoning district in
which the structure or land is located. (Ord. No. 1-77, 2/23/77, Art. 3.4)
' Section .9-4025 Use districts.
In order to carry out the'purpose and provisions of this chapter, the town and its extraterritorial
tzoning jurisdiction are hereby divided into Six (6) Districts designated as follows:
R-1 Residential
DT Downtown area development district
' CB Community Business District
CF Community Facilities District
RU Rural
' C-1 Conservation
(Ord. No. 1-77, 2/23/77, Art. 3.5)
' Section 9-4026 Intent of districts.
(a) R-1 Residential. To establish and preserve low to medium density characteristic of
' residential districts (and high density residential uses with special permit); to exclude uses which
are not compatible with residential use.
' (b) DT Downtown area development district. To encourage the continued use of, and
rehabilitation of, existing structures in this district for commercial, public and other permitted uses,
to encourage the location of new facilities in this district so as to maintain a compact, convenient,
' and viable downtown commercial -business area. -
(c) CB Community business district. To establish and preserve a district for the location
of businesses and commercial uses which are primarily transportation oriented, require large areas
' for buildings and parking, and have direct access to arterial roads.
(d) CF Community facilities district. To establish and preserve a district for the location
of public and semi-public facilities, which would include, but are not limited to, recreational uses,
' educational uses, and health care facilities.
(e) RU Rural. To establish and preserve a district primarily for agriculture, forest
management, and various other low density uses on large sites. To encourage preservation of
' natural resources and guard against the premature or unreasonable alteration of limited significant
land resources.
(f) C-1 conservation. To establish and preserve a district which shall encourage effective
' long term management and preservation of these lands, which include, but are not limited to,
wetlands, prime wildlife habitats and undeveloped hardwood forests. (Ord. No. 1-77, 2/23/77, Art.
3.6)
8
1

Sections 9-4027 through 9-4030
Reserved.
6

ARTICLE D. ESTABLISHMENT OF USE REGULATIONS AND SCHEDULE
Section 9-4031 Establishment of use regulations.
Except as otherwise provided herein, regulations governing the use of land and structures are
hereby established as shown in the schedule of permitted uses. Uses not expressly permitted are
prohibited, uses requiring special permits must meet certain conditions specified in this chapter.
Only after the existence of these specified conditions has been determined by the Board of
Adjustment, or the town board, as appropriate, will a special permit be issued, otherwise such uses
are prohibited uses. (Ord. No. 1-77, 2/23/77, Art. 4.1)
Section 9-4032 Schedule of permitted uses by district.
See chart on next page.
10

Schedule of permitted uses by district:
P=Permitted
S=Permitted only be Special Permit _
R-1
DT
CB
CF
RU
C-1
COMMERCIAL:
Amusement centers, indoor
P
P
Automobile, farm implement, truck and tractor sales and service
P
Boat sales and service
P
Boat launching facilities
S
S
S
Boat Storage
S
S
Boat docking piers
S
S
S
Business and professional offices
P
S
Dry cleaning and laundries
P
P
Financial institutions
P
Freezer lockers and cold storage plants not engaging in processing
P
P
Freight terminals
P
Garages
P
P
Hotel, motel
P
P
Newspaper offices or printing plants
P
Public and private parking lots
P
P
P
Public utility uses except storage yards
P
P
Restaurant, general
P
P
P
Restaurant, bar
P
P
P
Restaurant, drive-in
P
Retail establishments with secondary wholesale departments
P
P
Retail Stores
P
P
Self-service laundries
P
P
Service and repair shops
P
P
P
Service stations, auto
P
P
P
Public buildings
P
P
Signs constructed and placed in accordance with the ordinances of
the Town of Aurora
P
P
P
Taxicab and bus terminals
P
Theatres
P
P
Wholesale and storage warehouses, except salvage for junk and iron
and for the purpose'of salvage.
P
Undertaking establishments, funeral homes, mortuaries
P
P
P
RESIDENTIAL:
Accessory buildings, including private garages
P
P
P
Agricultural, or horticultural use
P
Boarding house, guest house, tourist home
P
P
Churches cemeteries
P
P
P
P
Day care centers and nursery schools
P
P
P
P
Hospitals except animal hospitals, public or private medical and
dental clinics, nursing homes
P
P
Libraries
P
Mobile/Manufactured homes, house trailers
P
Modular homes
P
P
P
P
Multi -family dwellings
S
S
S
11

P=Permitted
S=Permitted only be Special Permit
R-1
DT
CB
CF
RU
C-1
Municipally owned or operated parks, playgrounds, and community
centers _
P
P
P
P
Private clubs, fraternal or similar organizations not open to general
public
P
Public and private educational institutions
P
Single -family dwellings
P
P
P
P
Two-family dwellings
P
P
P
P
INDUSTRIAL:
Boat building small
P
P
Clothing manufacturing
S
S
Contractor's plants and storage yards
P
Farm machinery, assembly, repair and sales
P
Feed and grain storage
P
Food processing
S
Industrial equipment and supplies
P
Lumber yard retail
P
Machine and welding shops
P
Mining and quarrying operations sand, gravel, phosphate, etc.
S
Petroleum storage
S
Textile plants
S
S
Warehousing -wholesaling
P
(Ord. No. 1-77, 2/23/77, Art. 4.2)
Sections 9-4033 through 9-4040
Reserved.
12

ARTICLE E. ESTABLISHMENT OF AREA, HEIGHT, AND PLACEMENT
REGULATIONS
Section 9-4041 Establishment of area, height, and placement regulations.
Except as otherwise provided herein, regulations governing minimum lot width and area,
required setback and building height are hereby established as shown in the schedule of area,
height, and placement regulations. (Ord No. 1-77, 2/23/77, Art. 5.1)
Section 9-4042 Schedule of area, height, and placement regulations.
Zoning
District
Minimum
Lot in
Sq. Feet
Required Setback Line
Minimum
Building
Height in
Feet
Maximum
Building
Height in
Stories
Minimum Dimensions in Feet *
Front
Side Yard
Total both
Side Yards
R-1
6,000
25
10
Each Side
20
25
2'/z
DT
5,000
N/A
N/A
N/A
40
4
CB
6,000
50
N/A
N/A
30
3
CF
6,000
25
10
20
30
3
RU
20,000
25
20
40
30
2
C-1
N/A
N/A
N/A
N/A
N/A
N/A
*NOTE: Special Protection A C-1 Boundaries Sec. 9-4059.
N/A = Not Applicable
(Ord. No 1-77, 2/23/77, Art. 5.2)
Sections 9-4043 through 9-4050 Reserved.
13

ARTICLE F. APPLICATION OF AREA, HEIGHT, PARKING, AND PLACEMENT
REGULATIONS
' Section 9-4051 Regulations encumbering land required to satisfy regulations.
No portion of a lot, used in connection with an existing or proposed building, structure or use,
' and necessary for compliance with the area, height, and placement regulations of this chapter shall,
through sale or otherwise, be used again as a part of the lot required in connection with any other
building, structure, or use. (Ord. No. 1-77, 2/23/77, Art. 6.1)
1 Section 9-4052 Exceptions to height limits.
' The height limits of this article may be modified, upon appeal to the Board of Adjustment, in
their application to church spires, belfries, cupolas, penthouses, domes, water towers, observation
towers, power transmission lines and towers, radio and television towers, masts and aerials,
' flagpoles, chimneys, smokestacks, ventilators, elevator tower/appurtenances, skylights, derricks,
conveyors, cooling towers, and other similar and necessary mechanical appurtenances pertaining to
and necessary to the permitted uses of the zoning districts in which they are located. (Ord. No.
' 1-77, 2/23/77, Art. 6.1)
' Section 94053 Averaging an existing front setback line.
In a residential zoning district, where the average of the front opens spaces for all adjacent lots,
which are located within 100 feet of either side of a lot and on which there are existing buildings, is
greater than the required front open space specified in this chapter, a required setback line shall be
provided on the lot equal to this greater average depth but not to exceed 40 feet. Where such
average of the front open spaces is less than the minimum required front open space, the required
setback line may be reduced to this lesser average depth, but in on case to less than 10 feet. For the
purpose of computing such average, an adjacent vacant lot shall be considered as having the
- minimum required front open space specified for that zoning district- .(Ord..No. 1-77,-2/23/77, Art.
6.3)
Section 9-4054 Corner lot setback on the side street.
Any corner lot in a residential zoning district, having an abutting interior lot on its side street
' [shall have an open space] equal to the required front open space of the zoning district in which it is
located; provided, however, that this does not reduce the width suitable for a building on any lot of
record to less than 25 feet. On a corner lot, where the required rear open space abuts the required
' side open space of the adjoining lot, accessory buildings shall have a minimum required setback
line at a distance from the abutting side lot line equal to the smaller of the required side open spaces
of the abutting lot. (Ord. 'l-77, 2/23/77, Art. 6.4)
14

Section 9-4055 Accessory buildings.
Accessory buildings in R-1 and RU zoning districts shall conform to the following regulations,
except as may otherwise be provided in this chapter:
(1) Accessory buildings shall not exceed 12 feet in height, provided that in the case of
special use -extraction of earth products (section 9-4064) accessory buildings to a maximum height
of 40 feet may be approved as part of the approval of overall applications or amendments thereto.
(2) Accessory buildings shall not be erected in any required front open space.
(3) Accessory buildings may occupy required side open space provided that such buildings
are more distant from the street than any part of the principal building on the same lot and any part
of the principal building on any lot abutting said required side open space: provided, however, that
such necessary buildings are not closer than five (5) feet to any lot line.
(4) Accessory buildings many occupy required rear open spaces provided that such
buildings do not occupy more than 25 percent of the required rear open space and are not closer
than three (3) feet to any lot line.
(5) On any corner lot in a residential zoning district, no part of any accessory building shall
be nearer the exterior side lot line than the required open space as regulated in section 9-4054. (Ord.
No. 1-77, 2/23/77, Art. 6.7)
Section 9-4056 Permitted projections into required open space.
(a) Certain architectural features, such as cornices, eaves, and gutters, may project three (3)
feet into the required front open space, five (5) feet into the required rear open space, and 18 inches
into the required side open space.
(b) An unenclosed balcony or porch, fire escape, or metal awning may project into the
required front open space or required rear open space for a distance not to exceed 10 feet, or into
the required side open space for a distance not to exceed three (3) feet; however, a porch which is
screen or glass enclosed shall be considered an enclosed porch. An enclosed vestibule, containing
not more than 40 square feet, may project into the required front open space for a distance not to
exceed four (4) feet.
(c) An attached private garage, or carport not exceeding 12 feet in height, may occupy a
portion of the required side open space, provided that this does not result in a required side open
space of less than seven percent (7%) of the lot width, nor a total, when combined with the required
side open space of the lot immediately adjacent, of less than 10 feet. (Ord. No. 1-, 2/23/77, Art. 6.6)
Section 9-4057 Merger/Consolidation of lots of record.
(a) Where two (2) or more abutting lots of record are held in one (1) ownership, either legal
or equitable, or subsequently come to be held in one (1) ownership, they shall be considered to be a
single lot of record for the purpose of this chapter, and the provisions of this chapter shall not
thereafter be circumvented or avoided by the willful sale or conveyance of a part or portion of any
parcel or parcels.
(b) Where the owner of a lot of record does not own and cannot reasonably acquire
sufficient adjacent land to enable him to conform to the required open space and other requirements
herein prescribed, such lot of record may be used by said owner as a building site provided that the
required open space and other provisions conform, in the opinion of the zoning board of appeals, to
15

a reasonable degree, under all circumstance, to the requirements of the zoning district in which it is
located. (Ord. No. 1-77, 2/23/77, Art. 6.)
' (c) The relief provided in Section (b) above does not apply where the situation or hardship
is self imposed, i.e., acquiring the property after zoning ordinance is in place.
' Section 9-4058 Rear dwellings and alley dwellings.
No dwelling unit shall be built on a lot unless the lot has direct access to a public street or has
' access by means of an unobstructed permanent access easement of record to such a public street.
Such easement of record shall have a minimum width of 40 feet, except where such easement of
lesser width existed prior to the enactment of this chapter. The regulation of this chapter shall apply
' to such easements of record in the same manner as if it were a street. (Ord. No. 1-77, 2/23/77, Art.
6.8)
' Section 9-4059 Special protection at C-1 boundaries.
(a) Because of the exceptionally fragile character of the land included within the C-1 zone,
' all uses established on land adjacent to land classified as C-1 shall observe a special required
setback line of 200 feet from the boundary of the C-1 zone.
(b) No land disturbing activity shall be conducted within the special required setback and
' the land and its ground cover and other natural growth, including trees and shrubs, shall be left in a
natural state.
' (c) In lieu of maintaining the land in the manner specified in (b) above, the Board of
Adjustment may ,permit other use of land within the special required setback upon affirmative
finding, supported by substantial evidence in the record, that the land in the C-1 zone may be
t adequately protected by means other than retaining, in a natural state, the land within the special
required setback. The other means, which may include (but not by way of limitation) berms,
alternate drainage patterns, extra planting, etc., shall afford protection at least equal to that which
' would be afforded by retaining the special required setback in its natural state. The Board of
Adjustment shall take appropriate steps, which may include (but not by way of limitation) bonding,
to insure the continuation of the approved alternate means of protection. (Ord. No. 1-77, 2/23/77,
Art. 6.9)__ _ --
Section 94060 Off street parking and loading.
' 1 Off-street parking and loading shall be provided in all districts except the Downtown
() P g
Area Development District. Each application for a Zoning Compliance Certificate shall address
' parking requirements as set forth in this section and as required by the Subdivision Regulations,
preliminary plans, phased development plans, Site Specific Development Plans and other required
plans. Off-street parking areas for ten (10) or more vehicles shall be paved with asphalt, concrete or
' brick pavers. Proper drainage shall be the responsibility of the owner and shall be coordinated with
existing, adjacent drainage systems. All drainage system plans will be approved by the Town of
' Aurora Town Engineer and/or Superintendent of Streets prior to the start of construction. Each
parking space shall be not less than one hundred sixty-two (162) square feet in size, exclusive of
driveways and adequate turning room. If the off-street parking space required by this ordinance can
not reasonably be provided on the site on which the principle use is located, such space may be
16
1

'
provided on any land within four hundred (400) feet of the principle building or use. The principle
use shall be permitted to continue only as long as its parking requirements are met.
be
The following off-street parking spaces shall provided.
'
(a) Residential Uses
Single Family
Two (2) spaces per dwelling unit
'
Two -Family
Two (2) spaces per dwelling unit
'
Multi -Family, One Bedroom
One and one-half (1 1/2) spaces for each dwelling unit
Multi -Family, Two Bedroom
Two (2) spaces for each dwelling unit
'
Multi -Family, Three Bedroom
Two and one-half (21/2) spaces for each dwelling unit
'
Guest Houses, Hotels, Motels,
One (1) parking space for each rental bedroom or Boarding
Tourist Homes
House Unit, plus one (1) space for each two (2) employees
'
(b) Home Occupations
Doctors and Dentists
Five (5) parking spaces in addition to residence requirements
Beauty Shops
Three (3) parking spaces in addition to residence
requirements
(c) Public and Semi -Public
Mortuaries, Funeral Homes
One (1) parking space for each four (4) seats in the parlor or
chapel
Churches, Theaters, Auditoriums
One (1) parking space for each five (5) seats in the principle
place of assembly
'
Schools
One (1) parking space for each staff member and employee,
plus one (1) parking space for each ten (10) students in grades
'
10-12. Spaces shall be provided for the maximum number of
staff and students the facility is designed to accommodate.
'
Hospitals, Nursing and Rest
One (1) parking space for each employee on the largest shift,
Homes
plus(1) parking space for each five (5) beds
tDay
Nurseries, Kindergartens
One (1) parking space for each staff member and employee,
plus one (1) parking space for each five (5) students
17

' (d) Offices and Professional Services
' Office Buildings, Banks One (1) parking space for each Two Hundred (200) square
feet and Similar Uses of gross floor area
Medical Offices and Clinics Four (4) parking spaces for each doctor, dentist or other
professional practicing at the clinic, plus one (1) parking
space for each employee
' e Service and Retail Businesses
Retail Business and Service One (1) parking space for each Two Hundred (200) square
feet (Establishments) of gross floor area, plus one (1) parking
space for each company vehicle
' Planned Unit Development One (1) parking space for each Two Hundred (200) square
feet (Commercial) of gross floor area, plus one (1) parking
' space for each company vehicle
Service Stations Two (2) parking spaces for each gas pump, plus three (3)
' parking spaces for each grease rack or other working bay
' Auto Service Four (4) parking spaces for each maintenance stall, plus
parking spaces to accommodate the maximum number of new
and used vehicles the facility was designed to accommodate,
plus one parking space for each Five Hundred (500) gross
' square feet of building space for customer parking
' (f) Manufacturing, Processing, Wholesale Trade
Manufacturing Industries One (1) parking space for each employee on the largest shift,
plus one (1) parking space for each company vehicle.
(2) Loading and Unloading Space. Every building or structure used for business, trade or
' industry hereafter erected, shall provide space as indicated herein for the loading, unloading, and
maneuvering space of vehicles. Such space shall have access to an alley or, if there is no alley, to a
street. For the purpose of this section, an off-street loading space (exclusive of adequate access
' drives and maneuvering space) shall have minimum dimensions of twelve (12) feet by forty (40)
feet and an overhead clearance of fourteen (14) feet above the alley or street grade.
' (a) Retail Businesses One (1) parking space for each Five Thousand (5,000)
square feet (Banks and General Office Buildings) of gross
floor area
(b) Wholesale, Industry One (1) parking space for each One Thousand (1,000)
square feet (Hospitals) of gross floor area
18

Section 9-4061
ARTICLE G.
Purpose.
SPECIAL USES
(a) It is the intention of the board of commissioners of the town to create, and from time to
time amend, a list of special uses within the table of permitted uses, section 94032, which, because
of their inherent nature, extent or external effects require special care in the control of their location
and methods of operation. The board of commissioners is aware of its responsibility to protect the
public health, safety, and general welfare and believes that certain uses which now or in the future
may be included on this list are appropriately handled as special uses, subject to review in relation
to general and specific requirements, rather than as uses permitted by right.
(b) In addition to the listing of such uses, the board of commissioners intends that the
general and specific requirements, established below, shall be used by the board and the board of
commissioners to direct both in deliberations upon applications for the approval of special uses. It
is the express intent of the board of commissioners to delineate the areas of concern connected with
each special use and provide standards by which applications for such special use shall be
evaluated. (Ord. No. 1-77, 2/23/77, Art. 7.1)
Section 9-4062 Procedures for submission and consideration of applications for
approval of special uses.
(a) The board of commissioners of the town shall hear and decide all applications for
approval of special uses, in accord with the provisions of this section.
(b) Application submitted to zoning administrator. Application for approval of special uses
shall be filed with the zoning administrator, who shall, before accepting any application, insure that
it contains all required information, as required by Statute and specified elsewhere in this article.
Applications which are not complete, or otherwise do not comply with the provisions of this
article, shall not be accepted by the zoning administrator, but returned forthwith to the applicant,
with a notation by the zoning administrator of the deficiencies in the application.
(c) ---- Referral to planning commission. Upon receipt of a- complete -application, -the zoning
administrator, shall notify the town clerk of that fact, and shall transmit the complete application to
the planning board for study and recommendation.
(d) Planning board action on application. Within 45 business days of the transmittal of the
application to the planning board, it shall transmit to the board of commissioners a recommendation
for the disapproval, approval or approval with conditions of the application.
Prior to making its recommendation, the planning board may consult with town officials,
professional consultants/experts, officials of the State of North Carolina, and the United States,
citizens, the applicant, or its agents and others who may possess knowledge, experience, or
information to aid in its deliberations.
The planning board may conduct a public hearing on the application, after public notice, as
required by its rules and procedures.
(e) Board of commissioners action on application. The board of commissioners, after
receipt of the planning board recommendation or upon the expiration of the 45 business day period
19

specified in subsection (d), whichever first occurs, shall cause a date for a public hearing on the
application to be set.
' Notice of the public hearing shall be published once a week for two (2) consecutive calendar
weeks in a newspaper having general circulation in Beaufort County. The notice shall be published
the first time not less than 15 days nor more than 25 days before the date fixed for the public
hearing.
After the completion of the public hearing, the board of commissioners shall take action upon
the application for approval/disapproval of a special use. In reaching a decision, the board shall
' consider the recommendation of the planning commission, the evidence presented at the public
hearing in relation to the general requirements attached to each special use.
The action of the board shall be approval, disapproval, or approval with conditions attached. In
every case, the action shall include a summary of the reasons supporting that decision, which shall
be supported by evidence contained in public record of its proceedings.
(f) Actions subsequent to board of commissioners, action. The town clerk, subsequent to
' the board of commissioners' action on the application, shall notify the applicant by first class mail
of that action.
Notice shall also be given to the zoning administrator who shall, in the case of approval or
' approval with attached conditions, issue the necessary permits in accordance with the board's
action. (Ord. No. 1-77, 2/23/77, Art. 7.2)
' Section 9-4063 General Requirements.
' (a) The following general requirements must be satisfied by all applicants for approval of
special uses:
(1) The use proposed will not materially endanger the public health, safety, or general
' welfare, if located where proposed and developed and operated according to the operations plan, as
submitted and approved.
(2) The use proposed is in conformity with the approved land use plan for Aurora and its
' environs.
(b) These findings, as well as the findings on the specific requirements for each special use
shall be supported by substantial evidence appearing in the record of the hearing and discussion on
the application. (Ord. No. 1-77, 2/23/7-7, Art.-7.3)------._._
Section 9-4064 Specific requirements, generally.
The specific requirements are divided into requirements for each special use and generally
P q
arrayed within each use into requirements for the application itself and secondly, the standards
' which shall be used to evaluate each submission. (Ord. No. 1-77, 2/23/77, Art. 7.4)
Section 9-4065 Specific requirements, generally.
(a) Extraction of earth products is the process of removal of natural deposits of minerals,
ores, soils, or other solid matter from their original location. It does not include any processing of
such materials, beyond incidental mechanical consolidation or sorting to facilitate transportation to
the site of use or location of further processing. Contents of application:
P

' (1) Three (3) copies of site plan, prepared and sealed by a North Carolina registered land
surveyor or engineer, which shall contain the following:
' a. North point, scale and date;
b. Extent of area to be excavated or mined;
C. Location, width and elevation of all easements and rights -of -way within or adjacent to
' extraction site;
d. Location of all existing or proposed structures on site;
e. Location of all areas on the site subject to flood hazard or inundation;
' f. Location of all water courses on the site, including direction of flow and normal
fluctuation of flow;'
g. Existing topography at a contour interval of five tenths (0.5) foot based on mean sea
' level datum;
h. Proposed handling and storage areas for overburden,, byproducts and excavated
materials;
' i. Proposed fencing, screening and gates; parking, service and other areas;
j. Any areas proposed for ponding; and
k. Access roads to the site, as well as on site roads, with indication of surface treatment to
' limit dust.
.(2) An operations plan which shall include:
a. The date proposed to commence operations and their expected duration;
b. Proposed hours and days of operation;
C. Estimated type and volume of extraction;
' d. Description of method of operation, including the disposition of topsoil, overburden and
byproducts;
e. Description of equipment to be used in the extraction process;
t f. Any phasing of the operation and the relationship among the various phases; and
g. Operating practices which will be followed to comply with the performance standards
applicable to the operation. See subsection (b)(1).
' (3) A rehabilitation plan which shall include:
a. A statement of planned rehabilitation of the excavated land, including detailed methods
of accomplishment and planned future use of the rehabilitated land;
' b. A map showing -the -final -topography, after rehabilitation, to same scale as site plan; it
shall also depict any water areas and methods for preventing stagnation and pollution thereof,
landscaping and ground cover proposed to be installed and the amount and type of back fill to be
' employed, if any;
C. A phasing and timing plan, related to the phasing and timing portion of the operations
plan, showing the progression of the rehabilitation and the date when it will be complete; and
' d. The method of disposing of all equipment, structures, dikes and spoil piles associated
with the operation.
(4) The names, addresses, and signatures of the land owners and applicants.
' (5) A written legal description or survey of the property, prepared and sealed by a North
Carolina registered land surveyor or engineer.
(6) A fee, as set by the Aurora Board of Commissioners.
' (b) Standards for evaluation:
The following standards shall be used in evaluating an application for a permit to conduct
extraction of earth products;
21

' (1) All operations associated with the extraction shall conform to the following performance
standards:
' a. Direct illumination resulting from the operation shall not fall upon land not covered by
the application. _
b. Equivalent sound levels at the boundaries of the extraction site shall not exceed the
' following standards:
between 7:00 a.m. and 8:00 p.m. 55 dBA
between 8:00 p.m. and 7:00 a.m. 45 dBA
' C. Vibration levels at the boundaries of the extraction site shall not exceed the following
standards:
Maximum peak particle velocity
' steady state 0.02 inches/second
impact 0.04 inches/second
Note: the maximum particle velocity shall be the maximum displacement vector sums of three
' (3) mutually perpendicular components, recorded simultaneously, multiplied by the frequency in
cycles per second.
For purposes of this chapter, steady state vibrations are vibrations which are continuous, or
' vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not
exceed 60 per minute shall be considered impact vibrations.
(2) The rehabilitation plan shall be referred to the Beaufort County Soil and Water
' Conservation District for review and recommendation, which shall not be binding upon the board of
commissioners, in particular regarding the landscape material specified, the planting and
' maintenance proposed to insure continuous growth and development, and the acceptability of the
proposals for the handling of lakes, ponds, etc.
(3) The permanent roads, defined as those to be used in excess of one (1) year, within the
' excavation site shall be surfaced with a dust free material, such as soil cement, bituminous concrete
or Portland Cement concrete.
(4) Roads other than permanent roads shall be treated with dust inhibitors, to be specified in
' the operations plan, which will reduce to a minimum the generation of dust from the road surfaces
as a result of wind or vehicular action.
(5) Where the proposed extraction shall take place within 300 feet of a dwelling, school,
' church, -hospital, commercial or industrial building, public building, or public land, a security fence
at least six (6) feet high shall be installed.
(6) Spoil piles and other accumulations of byproducts shall not be created to a height more
' than 35 feet above the original contour and shall be so graded that the vertical slope shall not exceed
the material's natural angle of repose.
(7) The operations plan and the rehabilitation plan shall be coordinated so that the amount of
' disturbed land is kept to the absolute minimum consonant with good practices and so that
rehabilitation proceeds in concert with extraction. (Ord. No. 1-77, 2/23/77, Art. 7.4.1)
' Section 9-4066 Food processing.
(a) Food processing is the conversion of an agricultural product or shell or fin fish product
' into a marketable commodity for human consumption, or intermediate steps in that process.
Contents of application:
22

' (1) Three (3) copies of a site plan, prepared and sealed by a North Carolina registered land
surveyor or an engineer, which shall contain the following:
' a. North point, scale and date;
b. Location, width, elevation and -purpose of all easements and rights -of -way within or
adjacent to site;
' C. Location and use of all existing and proposed structures on site;
d. Existing and proposed topography at a contour interval of five tenths (0.5) foot based on
mean sea level datum; and
' e. Proposed fencing, screening and gates; parking, service and other areas.
(2) Description of processes to be employed and equipment to be used..
(3) Names, addresses, and signatures of land owners and applicants.
' (4) A written legal description or survey of the property, prepared and sealed by a North
Carolina registered land surveyor or engineer.
(5) A fee, as set by the Aurora Board of Commissioners.
' (b) Standards for evaluation:
The following standards shall be used in evaluating an application for a permit to conduct
extraction of earth products;
' (1) All operations associated with the use shall conform to the following performance
standards:
a. Direct illumination resulting from the operation shall not fall upon land not covered by
' the application.
b. Equivalent sound levels at the boundaries of the site shall not exceed the following
' standards
between 7:00 a.m. and 8:00 p.m. 55 dBA
between 8:00 p.m. and 7:00 a.m. 45 dBA
C. IVibration levels at the boundaries of the site shall not exceed the following standards:
' Maximum peak particle velocity
steady state 0.02 inches/second
' impact 0.04 inches/second
Note: the maximum particle velocity shall be the maximum displacement vector sums of three
(3) mutually perpendicular components, recorded simultaneously, multiplied by the frequency in
' cycles per second.
For purposes of this chapter, steady state vibrations are vibrations which are continuous, or
vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not
' exceed 60 per minute shall be considered impact vibrations.
(2) All operations associated with the special use shall conform to air and water quality
standards established by the State of North Carolina, the federal government, and any other
' governmental agency having jurisdiction. (Ord. No. 1-77, 2/23/77, Art. 7.4.2)
Section 9-4067 Textile manufacture.
' the manufacture is the process of conversion of natural or synthetic raw materials
(a) Tex p
into thread, fiber, or fabric. Contents of application:
(1) Three (3) copies of a site plan, prepared and sealed by a North Carolina registered land
surveyor or an engineer, which shall contain the following:
a. North point, scale and date;
23

' b. Location, width, elevation and purpose of all easements and rights -of -way within or
adjacent to site;
' c. Location and use of all existing and proposed structures on site;
d. Existing and proposed topography at a contour interval of five tenths (0.5) foot based on
mean sea level datum; and
' e. Proposed fencing, screening and gates; parking, service and other areas.
(2) Description of processes to be employed and equipment to be used.
(3) Names, addresses, and signatures of land owners and applicants.
(4) A written legal description or survey of the property, prepared and sealed by a North
Carolina registered land surveyor or engineer.
(5) A fee, as set by the Aurora Board of Commissioners.
' (b) Standards for evaluation:
The following standards shall be used in evaluating an application for a permit to conduct textile
manufacturing:
' (1) All operations associated with the use shall conform to the following performance
standards:
a. Direct illumination resulting from the operation shall not fall upon land not covered by
' the application.
b. Equivalent sound levels at the boundaries of the site shall not exceed the following
standards:
between 7:00 a.m. and 8:00 p.m. 55 dBA
between 8:00 p.m. and 7:00 a.m. 45 dBA
C. Vibration levels at the boundaries of the site shall not exceed the following standards:
' Maximum peak particle velocity
steady state 0.02 inches/second
' impact 0.04 inches/second
Note: the maximum particle velocity shall be the maximum displacement vector sums of three
(3) mutually perpendicular components, recorded simultaneously, multiplied by the frequency in
' cycles per second.
For purposes of this. chapter, steady state vibrations are vibrations which are continuous, or
vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not
exceed 60 per minute shall be considered impact vibrations. -- - - _
(2) All operations associated with the special use shall conform to air and water quality
standards established by the State of North Carolina, the federal government, and any other
' governmental agency having jurisdiction. (Ord. No. 1-77, 2/23/77, Art. 7.4.3)
Section . 9-4068 Clothing manufacture.
a Clothing manufacture is the process b which fiber or fabric is converted to wearing
() 8 P Y
apparel. Contents of application:
(1) Three (3) copies of a site plan, prepared and sealed by a North Carolina registered land
surveyor or an engineer, which shall contain the following:
t a. North point, scale and date;
b. Location, width, elevation and purpose of all easements and rights -of -way within or
adjacent to site;
' C. Location and use of all existing and proposed structures on site;
24

' d. Existing and proposed topography at a contour interval of five tenths (0.5) foot based on
mean sea level datum; and
' e. Proposed fencing, screening and gates; parking, service and other areas.
(2) Description of processes to be employed and equipment to be used.
(3) Names, addresses, and signatures of land owners and applicants.
' (4) A written legal description or survey of the property, prepared and by a North Carolina
registered land surveyor or engineer.
(5) A fee, as set by the Aurora Board of Commissioners.
(b) Standards for evaluation:
The following standards shall be used in evaluating an application for a permit to conduct
clothing manufacture:
' (1) All operations associated with the use shall conform to the following performance
standards:
a. ' Direct illumination resulting from the operation shall not fall upon land not covered by
the application.
b. Equivalent sound levels at the boundaries of the site shall not exceed the following
standards:
' between 7:00 a.m. and 8:00 p.m. 55 dBA
between 8:00 p.m. and 7:00 a.m. 45 dBA
C. Vibration levels at the boundaries of the site shall not exceed the following standards:
' Maximum peak particle velocity
steady state 0.02 inches/second
' impact 0.04 inches/second
Note: the maximum particle velocity shall be the maximum displacement vector sums of three
(3) mutually perpendicular components, recorded simultaneously, multiplied by the frequency in
cycles per second.
For purposes of this chapter, steady state vibrations are vibrations which are continuous, or
vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not
' exceed 60 per minute shall be considered impact vibrations.
(2) All operations associated with the special use shall conform to air and water quality
standards established by the State of North Carolina, the federal government, and any other
-governmental agency having jurisdiction. (Ord. No. 1-77, 2/23/77, Art. 7.4 4)----
Section 9-4069 Petroleum storage.
' (a) Petroleum storage is the stock piling of gasoline, fuel, oil, and other petroleum products
prior to distribution to retail customers. Contents of application:
' (1) Three (3) copies of a site plan, prepared and sealed by a North Carolina registered land
surveyor or an engineer, which shall contain the following:
a. North point, scale and date;
' b. Location, width, elevation and purpose of all easements and rights -of -way within or
adjacent to site;
C. Location and use of all existing and proposed structures on site;
' d. Existing and proposed topography at a contour interval of five tenths (0.5) foot based on
mean sea level datum; and
e. Proposed fencing, screening and gates; parking, service and other areas.
25

' (2) Description of processes to be employed and equipment to be used.
(3) Names, addresses, and signatures of land owners and applicants.
(4) A written legal description or survey of the property, prepared and sealed by a North
Carolina registered land surveyor or engineer.
(5) A fee, as set by the Aurora Board of Commissioners.
' (b) Standards for evaluation:
The following standards shall be used in evaluating an application for a permit to conduct
petroleum storage:
' (1) All operations associated with the use shall conform to the following performance
standards:
a. Direct illumination resulting from the operation shall not fall upon land not covered by
' the application.
b. Equivalent sound levels at the boundaries of the site shall not exceed the following
standards:
' between 7:00 a.m. and 8:00 p.m. 55 dBA
between 8:00 p.m. and 7:00 a.m. 45 dBA
C. Vibration levels at the boundaries of the site shall not exceed the following standards:
' Maximum peak particle velocity
steady state 0.02 inches/second
impact 0.04 inches/second
' Note: the maximum particle velocity shall be the maximum displacement vector sums of three
(3) mutually perpendicular components, recorded simultaneously, multiplied by the frequency in
cycles per second.
' For purposes of this chapter, steady state vibrations are vibrations which are continuous, or
vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not
' exceed 60 per minute shall be considered impact vibrations.
(2) All operations associated with the special use shall conform to air and water quality
standards established by the State of North Carolina, the federal government, and any other
' governmental agency having jurisdiction.
Section 9-4070 Business and professional offices.
(a) Business and professional offices are places for administrative, clerical, management
and service operations which do not involve the sale or production upon the site of any goods or
' commodities. Contents of application:
(1) Three (3) copies of a site plan, prepared and sealed by a North Carolina registered land
surveyor or an engineer, which shall contain the following:
' a. North point, scale and date;
b. Location, width, elevation and purpose of all easements and rights -of -way within or
adjacent to site;
C. Location and use of all existing and proposed structures on site;
d. Existing and proposed topography at a contour interval of five tenths (0.5) foot based on
mean sea level datum; acid
' e. Proposed fencing,. screening and gates; parking, service and other areas.
(2) Description of processes to be employed and equipment to be used.
(3) Names, addresses, and signatures of land owners and applicants.
26

11
11
(4) A written legal description or survey of the property, prepared and sealed by a North
Carolina registered land surveyor or engineer.
(5) A fee, as set by the Aurora Board of Commissioners.
(b) Standards for evaluation:
The following standards shall be used in evaluating an application for a permit to conduct
business and professional offices:
(1) All operations associated with the use shall conform to the following performance
standards:
a. Direct illumination resulting from the operation shall not fall upon land not covered by
the application.
b. Equivalent sound levels at the boundaries of the site shall not exceed the following
standards:
between 7:00 a.m. and 8:00 p.m. 55 dBA
between 8:00 p.m. and 7:00 a.m. ' 45 dBA
C. Vibration levels at the boundaries of the site shall not exceed the following standards:
Maximum peak particle velocity
steady state 0.02 inches/second
impact 0.04 inches/second
Note: the maximum particle velocity shall be the maximum displacement vector sums of three
(3) mutually perpendicular components, recorded simultaneously, multiplied by the frequency in
cycles per second.
For purposes of this chapter, steady state vibrations are vibrations which are continuous, or
vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not
exceed 60 per minute shall be considered impact vibrations.
(2) All operations associated with the special use shall conform to air and water quality
standards established by the State of North Carolina, the federal government, and any other
governmental agency having jurisdiction. (Ord. No. 1-77, 2/23/77, Art. 7.4.6)
Section 9-4071 Multiple family dwellings.
(a) Contents of application:
(1) Three (3) copies -of a site plan, prepared and sealed by a North Carolina registered land_
surveyor or an engineer, which shall contain the following:
a. North point, scale and date;
b. Location, width, elevation and purpose of all easements and rights -of -way within or
adjacent to site;
C. Location and use of all existing and proposed structures on site;
d. Existing and proposed topography at a contour interval of five tenths (0.5) foot based on
mean sea level datum; and
e. Proposed fencing, screening and gates; parking, service and other areas.
(2) Description of processes to be employed and equipment to be used.
(3) Names, addresses, and signatures of land owners and applicants.
(4) A written legal description or survey of the property, prepared and sealed by a North
Carolina registered land surveyor or engineer.
(5) A fee, as set by the Aurora Board of Commissioners.
(b) Standards for evaluation:
27

11
i(1) There shall be provided 3,000 square fee of lot area for each dwelling unit.
(2) Access within the site shall be such as to facilitate garbage and trash collection, the
' provision of emergency services such as police, fire, and ambulance.
(3) Off-street parking at the rate of one and one-half (1.5) spaces per dwelling unit shall be
provided. A parking space shall be 20 feet by nine (9) feet plus maneuvering and circulation space.
' (Ord. No. 1-77, 2/23/77, Art. 7.4.7)
Section 9-4072 Boat launching, storage and docking.
' These uses shall not include boat building nor major repair operations.
(a) Contents of application:
' (1) Three (3) copies of a site plan, prepared and sealed by a North Carolina registered land
surveyor or an engineer, which shall contain the following:
a. North point, scale and date;
b. Location, width, elevation and purpose of all easements and rights -of -way within or
adjacent to site;
C. Location and use of all existing and proposed structures on site;
d. Existing and proposed topography at a contour interval of five tenths (0.5) foot based on
mean sea level datum; and
e. Proposed fencing, screening and gates; parking, service and other areas.
(2) Description of processes to be employed and equipment to be used.
(3) Names, addresses, and signatures of land owners and applicants.
(4) A written legal description or survey of the property, prepared and sealed by a North
' Carolina registered land surveyor or engineer.
(5) A fee, as set by the Aurora Board of Commissioners.
' (b) Standards for evaluation:
The following standards shall be used in evaluating an application for a permit to conduct boat
launching, storage, and docking:
(1) All operations associated with the use shall conform to the following performance
standards:
a. Direct illumination resulting from the operation shall not fall upon land not covered by
__ -- - the application.
b. Equivalent sound levels at the boundaries of the site shall not exceed the following
standards:
between 7:00 a.m. and 8:00 p.m. 55 dBA
between 8:00 p.m. and 7:00 a.m. 45 dBA
C. Vibration levels at the boundaries of the site shall not exceed the following standards:
' Maximum peak particle velocity
steady state 0.02 inches/second .
impact 0.04 inches/second
Note: the maximum particle velocity shall be the maximum displacement vector sums of three
(3) mutually perpendicular components, recorded simultaneously, multiplied by the frequency in
cycles per second.
' For purposes of this chapter, steady state vibrations are vibrations which are continuous, or
vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not
exceed 60 per minute shall be considered impact vibrations.
28

1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
(2) All operations associated with the special use shall conform to air and water quality
standards established by the State of North Carolina, the federal government, and any other
governmental agency having jurisdiction. (Ord. No. 1-77, 2/23/77, Art. 7.4.8)
Sections 9-4073 through 9-4080 Reserved.
�7

' ARTICLE H. NONCONFORMANCE
Section 9-4081 Statement of intent.
It is the intent of this chapter to recognize that the eventual elimination, as expeditiously as is
reasonable, of existing uses or structures, that are not in conformity with the provisions of this
' chapter is as much a subject of health, safety, and welfare as is the prevention of the establishment
of new uses that would violate the provisions of this chapter. It is also the intent of this chapter that
any elimination of nonconforming uses or nonconforming structures shall be effected so as to avoid
any unreasonable invasion of established private property rights. (Ord. No. 1-77, 2/23/77, Art. 8.1)
Section 9-4082 Use nonconformance.
' A nonconforming use may be continued and shall be maintained in good condition, but it shall
not be:
' (1) Changed to another nonconforming use.
(2) Expanded or increased in intensity of use.
(3) Reestablished after discontinuance for 90 days.
(4) Reestablished in "R" dwelling district after damage or destruction of the building or
structure devoted to such nonconforming use if the expense of reconstruction exceeds 50 percent of
' the appraised replacement cost, as determined by the zoning administrator, of the entire building or
structure, devoted to such nonconforming use, or if the expense of reconstruction exceeds 70
percent of the appraised replacement cost, as determined by the zoning administrator, of the entire
building or structure, exclusive or foundations, prior to its damage or destruction. (Ord. No. 1-77,
' 2/23/77, Art. 8.1)
' Section 9-4083 Structure nonconformance.
A nonconforming structure may be continued, but it shall not be:
(1) Altered or -extended without the prior approval of the board of adjustment, excepting -.
those alterations or extensions which do not add to the bulk of the structure or increase the
permitted intensity of the use of the structure. Where the proposed alteration or extension would add
to the intensity of use of the structure (such as, by example and not by way of limitation, by the
addition of one or more dwelling units, by providing additional manufacturing or selling area, or the
addition of facilities which would allow the establishment of another use or other uses) or add to the
ibulk of the structure, the board of adjustment shall only grant permission when it has determined
that the proposed alteration or extension complies as nearly as is practicable with the requirements
of this chapter and, further, that the granting of permission for the construction of the proposed
' alteration or extension will not have a detrimental effect on neighboring property.
(2) Reestablished in any zoning district after damage or destruction of the nonconforming
structure if the expense of reconstruction exceeds 75 percent of the appraised replacement cost (as
' determined by the zoning administrator) of the entire building or . structure, exclusive of
foundations; in cases where such cost does exceed 75 percent, the nonconforming structure shall not
be replaced unless it shall comply with all the provisions of this chapter, provided, that if such
30

' building or structure is nonconforming due only to it being located on a lot having an area, width, or
both, less than is prescribed in the "Schedule of Area, Height, Parking, and Placement Regulations"
for the zoning district in which the lot is located, such building or structure may be replaced if it
' complies with all other regulations of this chapter. (Ord. No. 1-77, 2/23/77, Art. 8.3)
4
' Sections 9-4084 through 9-4090 Reserved.
31

' ARTICLE I. ADMINISTRATION
1
Section 9-4091 Establishment of administrative offices.
The provisions of this chapter shall be administered by the zoning administrator, who shall be
appointed by the board of commissioners. (Ord. No. 1-77, 2/23/77, Art. 9.1)
tSection 9-4092 Duties and limitations of the building official.
' The zoning administrator shall have the power to grant zoning compliance permits and to make
inspections of buildings or premises necessary to carry out his/her duties in the enforcement of this
chapter. (Ord. No. 1-77, 2/23/77, Art. 9.2)
' Section 9-4093 Application for zoning compliance permit.
' Every application for a zoning compliance permit shall be accompanied by a written statement
and plans or plats, drawn to scale, showing the following in sufficient detail to enable the zoning
administrator to ascertain whether the proposed work or use is in conformance with the provisions
' of this chapter:
(1) The actual shape, location, and dimensions of the lot and/or improvement, if the lot is
not a lot of record, sufficient data to locate the lot on the ground.
' (2) The shape, size, dimensions, and location of all buildings, or other structures, to be
erected, altered, or moved, and of any other buildings, or other structures, already on the lot.
(3) The existing and intended use of the lot and of all structures upon it.
' (4) Such other information concerning the lot, adjoining lots, or other matters as may be
essential for determining whether the provisions of this chapter are being observed. (Ord. No. 1-77,
2/23/77, Art. 9.3)
(5) Mobile/Manufactured home detail, if applicable.
' Section 9-4094 Issuance of zoning -compliance permit. -
If the proposed excavation, construction, moving, alteration, or use of land as set forth in the
' application are in conformity with the provisions of this chapter, the zoning administrator shall issue
a zoning compliance permit, however:
(1) Issuance of a zoning compliance permit shall in on case be construed as waiving any
provision of this chapter.
(2) The zoning administrator is under no circumstances permitted to grant exceptions to the
actual meaning of any clause, order, or regulation contained in this chapter to any person making
' application to excavate, construct, move, alter, or use either buildings, structures, or land.
(3) The zoning administrator is under no circumstances permitted to make changes to this
chapter or to vary the terms of this chapter in carrying out his duties.
' (4) The zoning administrator shall issue a permit when the imposed conditions of this
chapter are complied with by the applicant regardless, of whether the use of the permit would
32

' violate contractual or other arrangements (including, but not by way of limitation, restrictive
covenants) among the parties.
(5) If an application for such permit is not approved the zoning administrator shall state in
writing the cause for such disapproval. (Ord. No. 1-77, 2/23/77, Art. 9.4)
' Section 9-4095 Zoning compliance permit required.
It shall be unlawful to begin the excavation for the construction, the moving, alteration, or
' repair, except ordinary repairs, of any building or other structure, including an accessory structure,
costing more than $100 or exceeding 100 square feet in area until the zoning administrator has
issued for such work a zoning compliance permit which includes a certification of his determination
that plans, specifications, and the intended use for such structure do, in all respects, conform to the
provisions of this chapter. Also, it shall be unlawful to change the type of use of land, or to change
the type of use or type of occupancy of any building, or to extend any use on any lot on which there
' is a nonconforming use, until the zoning administrator has issued for such intended use a zoning
compliance permit, including a certification of his determination that the proposed use does, in all
respects, conform to the provisions of this chapter. In all cases where a building permit is required,
' application for a zoning compliance permit shall be made coincidentally with the application for a
building permit; in all other cases, it shall be made prior to that date when a new or enlarged use of
a building or premises or part thereof is intended to begin. All zoning compliance permit
' applications shall be made in writing to the zoning administrator on forms provided for that
purpose. A record of all such applications shall be kept on file by the zoning administrator. Any
zoning compliance permit issued under the provisions of this chapter shall be valid only for a period
' of six (6) months following the date of issuance thereof. When the building official receives an
application for a zoning compliance permit which requires approval of special exceptions by the
' board of adjustment, such application, along with all supporting information, shall be conveyed by
the zoning administrator to the board of adjustment. (Ord. No. 1-77, 2/23/77, Art. 9.5)
Section 9-4096 Fees.
Before any permit shall be issued covering building or other operations regulated by this
t chapter, an inspection fee in an amount fixed by -the board of commissioners, shall be paid. (Ord.
No. 1-77, 2/23/77, Art. 9.6)
I
Sections 9-4097 through 9-4100 Reserved.
33

' ARTICLE J. BOARD OF ADJUSTMENT
Section 9-4101 Board of adjustment, establishment of.
(a) A board of adjustment is hereby established. It shall consist of five (5) members, one (1)
of whom shall reside in the extraterritorial planning jurisdiction, and the balance shall reside within
' the corporate limits of Aurora.
(b) Members shall be appointed by the board of commissioners for terms of three (3) years,
and until their respective successors have been appointed and qualified. Each appointment to fill a
vacancy shall be for the unexpired term.
(c) The board of commissioners may appoint alternate members to serve in the absence of
the regular member. Alternate members shall be appointed for the same term, at the same time and
in the same manner as regular members.
(d) Members shall serve without compensation. (Ord. NO. 1-77, 2/23/77, Art. 10.1)
' Section 9-4102 Powers of board.
The board of adjustment shall have the following powers:
(1) Hear and decide appeals from and review any order, requirement, decision, or
determination made by the zoning administrator in the performance of his duties.
(2) Hear and decide applications for the approval of special exceptions, in accordance with
' the rules and conditions laid down in this chapter.
(3) Hear and decide appeals for variances from the dimensional regulations of this chapter in
' accordance with section 9-4103. Nothing in this section shall be construed to authorize the board of
adjustment to permit a use in a district where that use is not either a permitted use or a special use.
(Ord. No. 1-77, 2/23/77, Art. 10.2)
' Section 9-4103 Application of the variance power.
- (a) A variance may only be allowed by the board of adjustment in cases involving practical
difficulties or unnecessary hardships when substantial evidence in the official record of the appeal
from a decision or order of the zoning administrator supports all the following affirmative findings:
' (1) That the alleged hardships or practical difficulties are unique and singular as regards the
property of the person requesting the variance and are not those suffered in common with other
property similarly located.
' (2) That the alleged hardships and practical difficulties, which will result from failure to
grant the variance, extend to the inability to use the land in question for any use in conformity with
the provisions of this chapter and include substantially more than mere inconvenience and inability
' to attain a higher financial return.
(3) That the variance, if allowed, will not substantially interfere with or injure the rights of
others whose property would be affected by allowance of the variance.
' (4) That the variance is in harmony with and serves the general intent and purpose of this
chapter.
34

' (5) That allowing the variance will result in substantial justice being done, considering both
the public benefits intended to be secured by this ordinance and the individual hardships that will be
suffered by a failure of the board to grant a variance.
' (b) All of these findings of fact shall be made in the indicated order by the board of
adjustment, which is not empowered to grant a variance without an affirmative finding of fact on all
five (5) categories above. Each finding of fact shall be supported by substantial evidence in the
record of proceedings before the board. (Ord. No. 1-77, 2/23/77, Art. 10.3)
' Section 9-4104 Application of special exception power.
(a) Before any special exception shall issue, the board shall make written findings certifying
' compliance with the specific rules governing individual special exceptions and that satisfactory
provision and arrangement has been made concerning the following, where applicable:
(1) Ingress and egress to property and proposed structures thereon with particular reference
to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of
fire or catastrophe;
(2) Off-street parking and loading areas where required, with particular attention to the
' items in (a) above and the economic, noise, glare, or odor effects of the special exception on
adjoining properties and properties generally in the district;
(3) Refuse and service areas, with particular reference to the items in (1) and (2) above;
' (4) Utilities, with reference to locations, availability, and compatibility;
(5) Screening and buffering with reference to type, dimensions, and character;
(6) Signs, if any and proposed exterior lighting with reference to glare, traffic safety,
economic effect, and compatibility and harmony with properties in the district;
(7) Required yards and other open space;
(8) General compatibility with adjacent properties and other property in the district; and
' (9) Adherence of proposed use to any performance standards applicable to its installation
and/or operation.
(b) The board may impose reasonable conditions upon the installation and operation of any
special exception to insure that the public health, safety, and general welfare shall be protected and
substantial justice done. (Ord. No. 1-77, 2/23/77, Art. 10.4)
Section 9-4105 Board of adjustment administration.
(a) The board shall adopt rules of procedure and regulations for the conduct of its affairs.
(b) All meetings of the board shall be open to the public.
(c) The board shall keep a record of its meetings, including the vote of each member on
' every question, a complete summary of the evidence submitted to it, documents submitted to it and
all official actions.
(d) The board shall give notice of matters coming before it by causing public notation to be
placed in a newspaper of general circulation in Beaufort County. The notice shall appear once a
week for two (2) consecutive calendar weeks, the first insertion to be not less than 15 days prior to
the meeting date.
' (e) The person acting as chairman of the board is authorized to administer oaths to any
witnesses in any matter coming before the board.
35

' (f) Every decision of the board shall be subject to review at the instance of any aggrieved
party by the Superior Court by proceedings in the nature of certiorari.
' (g) Applications for special exception approvals, applications for variances and appeals for
review of decisions of the zoning administrator shall be filed with the zoning administrator, as agent
for the board. Applications and appeals shall be submitted on forms provided by the zoning
administrator, who shall collect the fees, if any.
(h) It shall be the responsibility of the zoning administrator to notify the parties to the
application or appeal of the disposition which the board made of the matter.
' (i) It shall be the responsibility of the zoning administrator to issue permits in accord with
the board's action on an appeal or application, if a permit is authorized the board action.
0) The zoning administrator shall see to the faithful execution of all portions of the board's
actions, including the enforcement of all conditions, which may have been attached to grant of a
variance or approval of a special exception. (Ord. No. 1-77, 2/23/77,1 Art. 10.5)
Sections 9-4106 through 9-9110 Reserved.
Ll
36

' ARTICLE K. AMENDMENTS
Section 9-4111 Intent.
For the purpose of establishing and maintaining sound, stable, and desirable development within
the town limits and its extraterritorial planning jurisdiction, this chapter shall not be amended except
' to correct a manifest error in the chapter, or because of changed or changing conditions in a
particular area or in the municipality generally, to rezone an area, extend the boundary of an
existing zoning district, or to change the regulations and restrictions thereof, and then, only as
reasonably necessary to the promotion of the public health, safety, or general welfare. (Ord. No. 1-
77, 2/23/77, Art. 11.1)
' Section 9-4112 Amendment initiation.
Subject to the limitations of the foregoing statement of intent, an amendment to this chapter may
' be initiated by:
(1) Board of commissioners on its own motion;
(2) The planning board; or
(3) Petition. (Ord. No. 1-77, 2/23/77, Art. 11.2)
' Section 9-4113 Referral of amendment petition to planning board.
The board of commissioners upon receipt of the petition to amend this chapter, which has been
examined and approved as to form by the town administrator, shall refer the same to the planning
' board for study and report. The town board may not enact the proposed amendment until 30 days
after such referral to the planning board or until the planning makes its report, whichever first
' occurs. (Ord. No. 1-77, 2/23/77, Art. 11.3)
Section 9-4114 Action of the planning board.
The planning board shall cause a complete study of the petition to be made and shall
recommend such action as the board deems proper. (Ord. N. 1-77, 2/23/77, Art. 11.4)
' Section 9-4115 Public hearing and notice thereof.
' (a) A public hearing shall be held by the board before adoption of any proposed amendment
to this chapter. Notice of the public hearing shall be given by publishing said notice at least once in
a newspaper of general circulation in Beaufort County, stating the time and place of such hearing
' and the substance of the proposed amendment. This notice shall appear in said newspaper to two (2)
successive weeks with the first notice appearing not less than 15 days nor more than 25 days before
the date set for the public hearing.
' (b) Additionally, any parcel, regarding which a petition for change in zoning classification
has been filed by any person, shall be posted for at least 15 days prior to the public hearing. The
' posted notices shall be provided and erected by the zoning administrator and shall include in the
37

l=
message: (i) the present zoning classification; (ii) the proposed zoning classification; (iii) the time
and place of the public hearing; and (iv) the location where additional information may be obtained.
(Ord. No. 1-77, 2/23/77, Art. 11.5)
Section 9-4116 Protest petition.
If a protest petition is filed in accordance with G.W. 160A-386, signed by owners of 20 percent
or more either of the area of the lots included in a proposed change, or of those immediately
adjacent thereto either in the rear thereof or on either side thereof, extending 100 feet therefrom, or
of those directly opposite thereto extending 100 fee from the street frontage of the opposite lots, and
amendment shall not become effective except by the favorable vote of three quarters (3/4) of the
board of commissioners. (Ord. No. 1-77, 2/23/77, Arta 11.6)
Section 9-4117 Procedure for amendment petitions.
(a) Filing of applications: All petitions for amendments ' to this chapter shall be in writing,
signed, and filed in triplicate with the town administrator for presentation to the board of
commissioners.
. (b) Contents of petition: All petitions for amendments to this chapter, without limit8ing the
right to file additional material, shall contain at least the following:
(1) The petitioner's name, address, and interest of every person having a legal or equitable
interest in the land covered by the petition.
(2) The nature and effect of the proposed amendment.
(3) If the proposed amendment would require a change in the zoning map, a fully
dimensioned map showing: (i) the land with would be affected by the proposed amendment; (ii) a
legal description of such land; (iii) the present zoning classification of the land; (iv) the zoning
classification of all abutting zoning districts; and (v) all public and private rights -of -way and
easements bounding and intersecting the land under consideration.
(4) If the proposed amendment would require a change in the zoning map, the names and
addresses of the owners of all land with the area to be changed by the proposed amendment.
(5) The alleged error in this chapter, if any, which would be corrected by the proposed
amendment with a detailed explanation of such error in the chapter, which is alleged, and detailed
reasons how the proposed amendment will correct the same.
(6) The changed or changing conditions, if any, in the area or in the municipality generally,
that make the proposed amendment reasonably necessary to the promotion of the public health,
safety, and general welfare.
(7) All other circumstances, factors and reasons which the applicant offers in support of the
proposed amendment. (Ord. No. 1-77, 2/23/77, Art. 11.7)
Section 9-4118 Comprehensive review of chapter.
The planning board shall from time -to -time, at intervals of not more than three (3) years,
examine the provisions of this chapter and the location of zoning district boundary lines and shall
submit a report to the board of commissioners recommending changes and amendments, if any,
which are desirable in the interest of public health, safety, and general welfare, mindful of the intent
expressed in section 9-4111 above. (Ord. No. 1-77, 2/23/77, Art. 11.8)
38

r
r
Sections 9-4119 through 9-4120 Reserved.
1
1
r
39
�

ARTICLE L. VIOLATIONS AND PENALTIES
I _
Section 9-4121 Violations.
Whenever, by the provisions of this chapter, the performance of any act is required, or the
performance of any act is prohibited, or whenever any regulation, dimension or limitation is
' imposed on the use of any land, or on the erection or alteration or the use or change of use of a
structure, or the uses within such structure, a failure to comply with such provisions of this chapter
shall constitute a violation of this chapter. Every day on which a violation exists shall constitute a
separate violation and a separate offense. (Ord. No. 1-77, 2/23/77, Art. 12.1)
Section 9-4122 Penalties.
Any person who violates this chapter shall be guilty of a misdemeanor and shall be punished as
provided in G.S. 14-4. (Ord. No. 1-77, 2/23/77, Art. 12.2)
Section 9-4123 Remedies.
'' If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or
maintained, or any building, structure or land is used in violation of this chapter, the zoning
administrator, in addition to other remedies, may institute any appropriate action or proceedings to
' prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use, to restrain, correct or abate the violation, to prevent occupancy of the building,
' structure or land, or to prevent any illegal act, conduct, business or use in or about the premises.
(Ord. No. 1-77, 2/23/77, Art. 12.3)
' Sections 9-4124 through 9-4130 Reserved.
11
11
40

ARTICLE M. LEGAL STATUS PROVISIONS AND EFFECTIVE DATE
Section 9-4131 Severability.
It is the legislative intent of the board of commissioners in adopting this chapter that all
provisions and sections thereof shall be liberally construed to protect and preserve the peace, health,
safety, and general welfare of the inhabitants of the Town of Aurora and its extraterritorial planning
jurisdiction and, further, that should any provision, portion, section, or subsection of this chapter be
held to be unconstitutional or invalid, such holdings shall not be construed as affecting the validity
of any of the remaining provisions, portions, sections or subsections; it being the intent of the board
of commissioners that this chapter shall stand, notwithstanding the invalidity of any provision, or
section or part thereof. (Ord. No. 1-77, 2/23/77, Art. 13.1)
Section 9-4132 Application of the variance power.
When provisions of this chapter require a greater width or size of yards or courts, or require a
lower height of a building or fewer number of stories, or require a greater percentage of a lot to be
left unoccupied, or impose other higher standards than are required in any other statute or local
ordinance or regulation, provisions of this chapter shall govern. When the provisions of any other
statute or local ordinance or regulation require a greater width or size of yards or courts, or require a
lower height of a building or a fewer number of stories, or require a greater percentage of a lot to be
left unoccupied, or impose other higher standards than are required by the provisions made by this
chapter, the provisions of that statute or local ordinance or regulation shall govern. (Ord. No. 1-77,
1/23/77, Art. 13.2)
41

full I� 1 :_ I. " . .
CHAPTER 5
MOBILE HOMES AND TRAILER PARKS

' CHAPTER 5
'
MOBILE HOMES AND TRAILER PARKS
Section
9-5001
Definitions.
'
Section
9-5002
Conformance with town ordinances, mobile home and mobile home park regulations.
Section
9-5003
Approval of plans and issuance of permits.
Section
9-5004
What the plans shall show.
Section
9-5005
Issuance of Zoning Compliance Certificate.
'
Section
9-5006
Specifications for Mobile home parks.
Section
9-5007
Sanitary facilities, water supply, sewerage, garbage collections, and utilities.
'
Section
9-5008
Recreation areas and facilities.
Section
9-5009
Parking and storing of mobile homes and travel trailers.
Section
9-5010
Mobile homes sales in mobile home parks.
'Section
9-5011
Mobile home additions.
Section
9-5012
Miscellaneous provisions.
Section
9-5013
Revocation of license and maintenance permit.
'
Section
9-5001
Definitions.
' Unless the context requires otherwise, the following words shall, for the purpose of this regulation, have the
following meaning.
(1) Mobile home -A residential dwelling unit built to the most recent standards of the U.S. Department
' of Housing and Urban Development and composed of one or more components, each of which was
substantially assembled in a manufacturing plant and designed to be transported to the home site on its own
chassis. Travel trailers and campers shall not be classified as Mobile Homes.
(2) Mobile home, Class A -A mobile home constructed after July 1, 1976, that meets or exceeds the
most recent construction standards promulgated by the U.S. Department of Housing and Urban Development
' and that satisfies the following criteria:
(a) Length of the mobile home does not exceed the width by more than four times;
(b) The mobile home is at least 20 feet wide;
(c) The pitch of the mobile home's roof has a minimum vertical rise of two and tow -tenths feet for each
' twelve feet of horizontal run (2.2' in 12) and the roof is finished with a type of shingle that is commonly used in
standard residential construction;
(d) The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (that does not
t exceed the reflectivity gloss of white paint), wood or hardboard comparable in composition, appearance and
durability to the exterior siding commonly used in standard residential construction;
(e) A continuous, permanent masonry foundation, unpierced except for required ventilation and access,
is installed under the mobile home;
(f) The tongue, axles, transporting lights and removable towing apparatus are removed subsequent to
final placement;
(g) The mobile home is placed on land owned by the owner of the manufactured home, which will be
listed and taxed as real property.
' (3) Mobile home, Class B-A mobile home constructed after July 1, 1976, that meets or exceeds the
most recent construction standards promulgated by the U.S. Department of Housing and Urban Development
but that does not satisfy one or more of the criteria necessary to qualify as a Class A mobile home.

' (4) Travel trailer -A vehicular portable structure designed as a temporary dwelling for travel,
recreational and vacational uses, which is characterized by the following:
' (a) Identified by the manufacturer as such.
(b) Not more that eight (8) feet in body width.
(c) Of any weight provided its body length does not exceed 31 feet; or
' (d) Of any length provided its gross weight, factory equipped for the road, does not exceed 4,500
pounds.
(5) Mobile home space -Mobile home space shall mean a plot of land within a mobile home park
' designed for the accommodation of one mobile home in accordance with the requirements set forth in this
chapter and municipal ordinances of the Town of Aurora.
(6) Mobile home park A plot of land, together with all contiguous or adjoining parcels of land that are
' owner or controlled by the same person(s), which has been planned or unproved for the placement and rental of
either two or more mobile homes or two or more land sites for placement of mobile homes for dwelling or
sleeping purposes.
' (7) Zoning compliance certificate -Zoning compliance certificate shall be a certificate that authorizes
the construction, maintenance, and operation of a mobile home park. Privilege licenses are granted by the town
administrator, Town of Aurora, only in the provisions of this chapter are satisfactorily complied with.
' (8) Drive -Drive shall mean any street within the mobile home park, not publicly maintained but utilized
as access by the residents of the mobile home park, their guests and the public.
(9) Mobile home stand -Mobile home stand shall mean that portion of the mobile home space intended
' for occupancy by the mobile home proper, consisting of a rectangular plot of ground 12 feet by 60 feet. (Ord.
or 1966, Sec. 1)
' Section 9-5002 Conformance with town ordinances, mobile home and mobile home park
regulations.
' (a) It shall be unlawful for a person to park or store a mobile home or travel trailer for residential
purposes, or to maintain, build, or alter a mobile home park within the zoning jurisdiction of the Town of
Aurora, North Carolina, unless they first obtain a zoning compliance certificate and a final plan of the parking
' of an individual mobile home, or a final plan of the layout of the mobile home park, has been approved and a
zoning compliance certificate has been issued in conformance with the requirements of this chapter.
(b) Implicit in the issuance of any zoning compliance certificate and the resulting operation of a mobile
home park is the compliance with all municipal ordinances of the Town of Aurora.
(c) The provisions of this chapter are not retroactive in regards to all existing mobile homes, travel
' trailers, and mobile home parks at the time of the passage of this chapter. The provisions of this chapter shall
apply, however, once a mobile home or travel trailer is removed from its original location. (Ord. of 1966, Sec.
2)
' Section 9-5003 Approval of plans and issuance of permits.
' No person shall construct or engage in the construction of any mobile home park or make any additions or
alterations to a mobile home park until such construction, addition or alteration has been approved and a zoning
compliance certificate issued. The following procedures shall be observed:
' (1) A plan shall be prepared in accordance with section 9-5004 of this code and five (5) copies of it shall
be submitted to the planning commission for their review and approval.

' (2) The planning commission shall forward a copy of the plan with its recommendations to the town
board for their review and approval.
(3) If the plan is not approved as submitted, it shall be returned to the person submitting the plan with
objections noted for revisions. Revised plans shall be submitted to the planning commission until such time that
the plan submitted is approved by the town board.
' (4) After approval by the town board, the county building inspector may issue a permit for the
construction, addition, or alterations as shown on the approved plan after the applicant has obtained a zoning
compliance certificate.
' (5) The housing inspector/property maintenance inspector shall make examinations of the construction
at any reasonable time to determine whether the work is being done in accordance with the approved plan and
the specifications and requirements of this chapter. The owner of the mobile home park shall make available
' any records, test data or other information essential to such determination.
(6) Where any land in the park is to be dedicated to public use, the procedures of the subdivision
regulations of the town shall be followed. (Ord. of 1966, Sec. 3)
' Section 9-5004 What the plans shall show.
t(a) The plan shall be drawn to a scale of not less than one (1) inch=40 feet and shall show the following
on one (1) or more sheets:
(1) A site plan of the proposed mobile home park.
' (2) The name of the mobile home park, the name(s) and address(es) of the owner(s), the registered
engineer(s) and the designer of the park.
(3) Date, approximate north arrow, and scale.
' (4) The boundary line of the tract with accurate linear and angular dimensions drawn to scale and the
area of the park in square feet of acres.
(5) Contours with a vertical interval of one foot referred to sea level datum and elevations of existing
' and/or proposed streets, roads, drives, walks, curbs, catch basin, etc.
(6) A location map with a scale of no less than one (1) inch=1000 feet showing the location of the
mobile home park, its zoning, the zoning for contiguous properties, and name(s) and address(es) of contiguous
' land owner(s).
(7) The locations of existing and platted property lines, streets, buildings, water courses, railroads,
bridges, water mains, sewers, culverts drainpipes, and any utility easements, both on the land to be developed
into a mobile home park and on land immediately adjoining. The names of adjoining subdivisions or the names
and addresses or recorded owners of adjoining parcels of land.
(8) The names, proposed location and approximate dimensions of proposed streets, alleys, driveways,
' entrances, exits, walkways, easements, recreation areas, parks and open spaces, reservations, mobile home
spaces, mobile home stands and building lines within the park. In all cases, the proposed characteristics shall be
' shown in a manner that shall distinguish them clearly from the existing characteristics of the land.
(9) When deemed necessary by the planning commission, profiles of all proposed public or private
streets or drives shall be submitted showing natural and finished grades drawn to a scale of not less than one
(1)) inch=40 feet horizontal and one (1) inch=4 feet vertical.
(10) Plans with before and after calculations of proposed utility layouts (sewer lines, septic tank
locations, septic tank drain fields, and water and storm drainage) showing feasible connections to existing and
' proposed utility systems.

' (11) Proposed storm drainage for each mobile home space and for the entire mobile home park including
all proposed grading and sewer installations, which may be deemed necessary to insure proper drainage and the
' elimination of ponding.
(12) Location and number of garbage receptacles.
(13) A detailed plan for all electrical installations prepared to meet the national electrical code, state, and
local codes and/or ordinances.
(14) A detailed drawing to a scale of not less than one (1) inch=10 feet of a typical mobile home space
showing the location of the mobile home stand, all utilities and the mobile home utility connections, the patio,
' concrete footing, walks, parking spaces, driveways and all other improvements.
(b) Where public water or public sewer is not available, a written statement from the county health
department shall be submitted with the mobile home park plan indicating that the mobile home park has
adequate land area and suitable topography to accommodate the proposed methods of water supply and sewage
disposal.
(c) All plans shall be prepared and/or approved by an engineer duly authorized by the State of North
' Carolina to prepare such plans. The engineer shall be a licensed engineer in the State of North Carolina. (Ord.
of 1966, Sec. 4)
' Section 9-5005 Issuance of zoning compliance certificate.
(a) It shall be unlawful for any person to operate a mobile home park within the zoning jurisdiction of
' this chapter unless such person shall first obtain a privilege license as defined in section 9-5001 of this chapter.
(b) No zoning compliance certificate shall be issued for any mobile home park not in operation upon the
effective date of this chapter until the final plan has been approved by the town board as provided in section 9-
' 5003. (Ord. of 1966, Sec. 5)
Section 9-5006 Specifications for mobile home parks.
a Eve mobile home ark shall be located on a tract of land not less than three 3 acres in size and
() Every P ( )
shall contain a number of mobile home spaces for immediate occupancy as provided for in the zoning district,
taking into consideration the area regulations as to minimum square feet, etc..
(b) Every mobile home space shall consist of a minimum of 5000 square feet. Each mobile home space
' shall be clearly established on the ground by permanent monuments or markers.
(c) No more than one (1) mobile home may be parked on any mobile home space at any one (1) time.
(d) All mobile homes shall rest upon adequate masonry piers. These piers will be set upon adequate
concrete structural footings the top of which will be at finished ground elevation and shall contain steel anchor
' rings or fittings to which the mobile home may be secured in the event of windstorms. Each mobile home space
shall be provided with a patio of at least 120 square feet constructed of concrete, brick, flagstone, crushed stone
' or other suitable material. The bottom of the mobile home chassis shall be no less than 18 inches above
finished exterior grade. A hard surface walkway two (2) feet wide (minimum) leading from the road or
offstreet parking space to the patio shall be provided. Each patio and walkway shall be graded and properly
' drained.
(e) No mobile home stand shall be located less than 25 feet from a public street right-of-way. No
mobile home stand shall be located less that 20 feet from a private drive or from an exterior park boundary or
' less than 20 feet from another mobile home stand, a mobile home addition or any other dwelling or commercial
structure.

' (f) A driveway and parking space sufficient to accommodate at least two (2) automobiles shall be
constructed within each mobile home space and they shall be paved or covered with crushed stone or other
' suitable material. Each parking space shall be no less than 160 square feet.
(g) The mobile home park shall be located so as not to be susceptible to flooding and graded so as to
prevent any water from ponding or accumulating on premises. Where storm drainway pipes are located in
adjacent streets, underground drainage facilities with connections to the storm drainage system shall be
provided for the mobile home park.
(h) The mobile home park shall have paved drives measuring no less than 40 feet in total easement or
' right-of-way width for collector streets and 30 feet for local streets. Said streets shall meet the North Carolina
Department of Transportation design and construction standards. The pavement width shall be no less than 25
feet for collector streets and 20 feet for local streets. Such drives shall abut directly all individual mobile home
' spaces.
(i) The drives within the mobile home park shall be well lighted at night.
0) Drainage ditches with a 3:1 slope shall be provided along all public and private drives.
' (k) No mobile home space shall have direct vehicular access to a public street.
(1) Closed ends of dead end streets shall be provided with hard surfaced vehicular turning circle at least
90 feet in diameter.
' (m) The mobile home park shall provide all utilities required by section 9-5007.
(n) When the mobile home park has more than one (1) direct access to a public street, they shall not be
less than 300 feet apart or less than 300 feet from a public street intersection unless topographical or site
' conditions demand otherwise.
(o) Sign regulations for a mobile home park shall be as follows: Not more than two (2), signs per trailer
park are permitted with a total display area not exceeding one (1) square foot per trailer stand; or a maximum
' of 50 square feet of display area for the entire mobile home park. Signs are to be set back 25 feet from all
abutting property lines and public street right-of-ways. Illumination for signs' shall be the nonflashing and
indirect type, the source of which shall not be visible from any public street right-of-way.
' (p) The mobile home park shall have a planting strip 10 feet wide (minimum) adjacent to the park
boundary extending along the entire perimeter of the mobile home park. The planting strip shall not be a
portion of any mobile home space, street, or private drive. It shall be planted with evergreen trees not more
than 40 feet apart and adequately landscaped with grass and shrubbery. Where space is limited, a six (6) foot
screening fence may be substituted for the planting strip and such fence shall be maintained in a good state of
repair.
(q) Recreation areas shall be provided as required by section 9-5008 of this chapter.
(r) The mobile home park must have a central structure, which may contain a retail sales counter, or
coin operated machines and must contain a separate locker for each mobile home space of not less than 48 cubic
' feet, the lease inside dimension of which must be two (2) feet. The fee for the locker must be included in the
basic mobile home space rental fee.
' (s) All park related bathing, community laundry and toilet facilities shall be in conformity with the
mobile home park regulations of the county board of health, and the town plumbing code for such structures
located within the town limits. (Ord. of 1966, Sec. 6)
Section 9-5007 Sanitary facilities, water supply, sewerage, garbage collections, and utilities.
In every mobile home park, all installations (other than those within the mobile home proper) of plumbing
and electrical wiring and all gas and oil appliances shall comply with the provisions of the building, plumbing,

' electrical, heating and gas regulations of the town and other applicable regulations. Connections to municipal
utility systems are mandatory whenever such systems are available.
(1) Mobile home stand utilities -Each mobile home stand shall be equipped with plumbing and electrical
connections grouped together within the mobile home stand.
(2) Mobile home equipment -Each mobile home shall have at least one flush toilet, lavatory, bathtub or
shower. It shall have cooking facilities, electric wiring and shall be required to connect with the utilities
provided at each mobile home space.
(3) Water supply -Each mobile home park shall obtain water from the municipal water supply when
' available, and when unavailable, from a source approved by the county health officer. The supply shall be
adequate for the park requirements. The drinking, cooking, laundry and general bathroom water supply for
each individual mobile home shall be obtained only from faucets or other plumbing connections located within
each mobile home.
(4) Sewage disposal -Each mobile home park shall be provided with an adequate sewage disposal
system, either by connection to a public sewage system, package treatment plant, or other systems approved by
' the county board of health. All sewage wastes from each mobile home park whether from individual mobile
homes or mobile home spaces, including wastes from toilets, showers, bathtubs, lavatories, wash basins,
refrigerator drains, sinks, faucets, and other water using appliances not herein mentioned, shall be piped into the
' mobile home park sewage disposal system.
(5) Garbage and refuse disposal -All garbage and refuse in every mobile home park shall be stored in
suitable water tight and fly tight metal or plastic receptacles which shall be kept covered with closely fitting
' covers. No person shall throw or leave garbage or refuse upon the grounds of any mobile home park. It shall
be the duty of the mobile home park operator to personally make certain that all garbage and refuse are
regularly disposed of in a sanitary manner. (Ord. of 1966, Sec. 7)
' Section 9-5008 Recreation areas and facilities.
' Adequate and suitable recreation grounds and facilities shall be provided and maintained by the park owner
to serve the needs of the anticipated mobile home or travel trailer park population. Such grounds and facilities
may include playgrounds, tot lots, swimming or wading pools, park related community buildings which contain
' retail service counters, coin operated vending machines, laundries, community storage rooms, community
parking areas and other related facilities. The size of the recreation areas shall be as follows: For the first three
' (3) acres: 15,000 square feet; for the next seven (7) acres: 4,000 square feet per acre; over 10 acres: 3,000
square feet per acre. If there is more than one (1) tract of land so dedicated, in no case shall each tract be less
than 10,000 square feet in area. (Ord. of 1966, Sec. 8)
Section 9-5009 Parking and storing of mobile homes and travel trailers.
' (a) It shall be unlawful for any person to place or maintain any single mobile home used for living,
sleeping, or business purposes on any premises within the jurisdiction of the town, unless:
(1) Such mobile home be placed or maintained as a principal use on a lot the dimensions which are no
smaller that 5,000 square feet with a minimum depth of 100 feet, a minimum front yard setback of 25 feet, a
minimum rear yard setback of 15 feet, and minimum side yard setbacks of 10 feet except on corner lots in
which case the side yard abutting the road right-of-way shall be a minimum of 25 feet. Neither extension to
' another mobile home (section 9-5011) nor any accessory building shall extend into the referred sideyard. For
all single mobile homes located on individuals lots, underpinning on all sides are mandatory.
1

(2) Trailers used for temporary field offices may be permitted by a special 60 day permit issued by the
housing inspector/property maintenance inspector provided that no living quarters shall be maintained in such
trailers.
(3) All transient mobile homes and travel trailers are exempted from the provisions of this regulation for
a period of 72 hours.
(4) Trailers or mobile homes may be parked in sales lots for the purpose of inspection for sale provided
that no living quarters shall be maintained in any of the trailers so parked.
Otherwise, all mobile homes shall be contained in mobile home parks duly permitted by this chapter and
' constructed and maintained in accordance with the provisions of this chapter.
(b) It shall be unlawful for any person to maintain any travel trailer for living, sleeping, or business
purposes on any premises within the jurisdiction of the town. (Ord. of 1966, Sec. 9)
Section 9-5010 Mobile home sales in mobile home parks.
It shall be unlawful to advertise, exhibit or sell mobile homes or trailers within mobile home parks on a
commercial basis. (Ord. of 1966, Sec. 10)
' Section 9-5011 Mobile home additions.
No living compartment other than a "Florida room" or other such prefabricated structure specifically
'designed by the manufacturer for mobile home extension shall be added to any mobile home parked within the
jurisdiction of this chapter, except that a similar structure might be constructed by an individual and approved
by the housing inspector/property maintenance inspector. (Ord. of 1966, Sec. 11)
' Section 9-5012 Miscellaneous provisions.
(a) Fire prevention -In addition to the fire prevention regulations of the town, the following provisions
shall be complied with:
(1) Within the town limits -The operator of a mobile home park is responsible for informing each mobile
' home owner of the location of the nearest fire alarm box, if any or the location of an accessible telephone to be
used to report fires;
(2) Within the outside area -The operator of a mobile home park is responsible for installing and
maintaining adequate fire fighting equipment as required by the town fire chief.
(b) Health regulations -All county health regulations shall apply to mobile home parks within the
jurisdiction of the town except where such regulations are in conflict with the provisions of this chapter, in
' which case the more restrictive provisions shall apply. (Ord. of 1966, Sec. 12)
(c) No mobile home shall be placed in an area predominately with conventional.
' (d) Once a mobile home is removed from a lot, it cannot be replaced with another mobile home.
Section 9-5013 Revocation of license and maintenance permit.
' The town board after due notice and public hearing may suspend or revoke the zoning compliance
certificate of any owner or operator of a mobile home park for violation of the provisions of this chapter. (Ord.
1966, Sec. 13)
7