Zoning Ordinance-1998

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Division of Coastal Management Copy
TOWN OF BEAUFORT,
NORTH CAROLINA
ZONING ORDINANCE
The preparation of this document was financed in part through a grant provided by the
North Carolina Coastal Management Program, through funds provided by the Coastal
Zone Management Act of 1972, as amended, which is administered by the Office of
Ocean and Coastal Resource Management, National Oceanic and Atmospheric
Administration.
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TABLE OF CONTENTS
ZONING ORDINANCE
OF
BEAUFORT, NORTH CAROLINA
Page
SECTION 1: AUTHORITY AND ENACTMENT
Enactment Document..... ..............................................1
1.1 Authority...............................................................2
1.2 Title ...................................... .......................... 2
1.3 Purpose .............................................................2
1.4 Intent..................................................................2
1.5 Interpretation.........................................................3
SECTION 2: GENERAL PROVISIONS
'
2.1
Introduction .............................................................
4
2.2
Jurisdiction.............................................................4
2.3
Application of District Regulations .........................................
4
'
2.4
Provision for Official Zoning Map
5
2.5
Replacement of Official Zoning Map .......................................
5
'
2.6
2.7
Relationship to Land Use Plan ..............................................
Relationship to Existing Subdivision and Flood Control Ordinances ........ • ......
5
5
2.8
No Use or Sale of Land or Buildings Except in Conformity With
'
2.9
Chapter Provisions...............6
Building Permits to Remain in Force ........................................
6
2.10
Approval of Plats .......................................................
6
'
2.11
2.12
Accessory Buildings......................................................6
Swimming Pools ........................................................
7
2.13
Fees ...................................................... ..........7
'
2.14
2.15
Severability ............................................................
Computation of Time
7
7
.......... ............................ .........
'
SECTION 3: DEFINITION OF TERMS
3.1 General..............................................................8
3.2
Word and Term Definitions .................................................
9
'
SECTION 4: LOCATIONS AND BOUNDARIES OF DISTRICTS .......................
21
SECTION
5: ESTABLISHMENT OF ZONING DISTRICTS
22
'
5.1
............................
Residential District .......................................................23
5.2
Business District ......... ...................... ........................
24
5.3
Industrial District.........................................................
24
'
5.4
Conservation District ..... ................................................
25
5.5
Historic District ....................................... ...................
25

Paae
SECTION
6: APPLICATION OF GENERAL REGULATIONS
6.1
Use..................................................................26
6.2
Only One Main Building, One Main Use on Lot, and Orientation
ofBuilding.........................................................26
6.3
Minimum Yards.........................................................26
6.4
Lot Subdivision.........................................................26
6.5
Certificate of Occupancy .................................................
26
6.6
Improvements Bond ................................ ....................26
6.7
Conflict with Other Laws or Covenants ......................................
27
6.8
Bona Fide Farm Exemption ...............................................
27
SECTION
7: DISTRICT REGULATIONS
7.1
7.2
Table of Permitted Uses ........................................ ......
Notes to the Table of Permitted Uses
28
41
......... .............................
SECTION
8.1
8: TABLE OF AREA, YARD, AND HEIGHT REQUIREMENTS ................
Notes to the Table of Area, Yard and Height Requirements
44
45
......................
SECTION 9: PLANNED BUILDING GROUP REGULATIONS
9.1
Planned Building Group Regulations for Apartments and Condominiums ............
50
9.1.1
Minimum Lot Area .........................................................
50
9.1.2
Parking .............................................. ............ .....50
9.1.3
Recreation Area.............................................................50
9.1.4
Timing.................................................................
50
9.1.5
Other Details................................................................50
9.1.6
Placement of Building......................................................51
9.1.7
Miscellaneous Requirements ............................................ ...51
9.2
Planned Building Group Regulations for Attached Dwelling Unit for
Individual Ownership.................................................51
9.2.1
Minimum Lot Area ........................................................
51
9.2.2
Minimum Lot Width ....................................... ...............
52
9.2.3
Maximum Height........................................................52
9.2.4
Maximum Number of Dwellings Units per Building .............. ................
52
9.2.5
Setbacks...............................................................52
9.2.6
Access ................................ .................... ...........52
9.2.7
Parking................................................................52
9.2.8
Plans are Required and must show..........................................52
9.2.9
Other Details............................................................52
9.3
Planned Unit Development (PUD)..........................................
53
9.3.1
Minimum Size ........................................................ .....53
9.3.2
Maximum Overall Density ............................................ .....
53
9.3.3
Open Space Requirements ................... ............................
53
9.3.4
Residential Development .....................................................53
9.3.5
Commercial Development .................................................
54
9.3.6 Industrial Development ....................................................54 1

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Paae
1
9.4
Residential Cluster Development ..........................................
54
1
9.4.1
Minimum Area
9.4.2
..............................:...........54
Project Density .. ...........
...... ..... ..
54
9.4.3
Homeowners' Association ................................................
54
'
9.4.4
Open Space...........................................56
9.4.5
Dimensional Requirements .
................
57
9.4.6
Building Height.........................................................
57
9.4.7
Accessory Buildings..............................57
1
9.4.8
Preliminary and Final Review Procedures and Approvals .............
........
58
9.4.9
Parking and Loading .....................................................
58
9.4.10
Signs.................................58
1
9.4.11
Bond or Letter of Credit Requirements .......................................
58
9.5 Business Planned Building Group Regulations ................................ 58
9.5.1 Minimum Project and Lot Area ...................... ........................ 58
9.5.2 Parking and Loading ...................... ... .... ..................... 58
9.5.3 Screening and Fencing ..... .................. ............ .. 58
9.5.4 Lots Fronting on a Public Street ...................................... ...... 59
9.5.5 Minimum Yard Requirement ...............................................59
9.5.6 Plans are Required and must Show ......................................... 59
SECTION 10: SPECIAL USES
10.1 Objectives and Purpose .................................................. 61
10.2 Procedures for Special Use Permit Approval ................................ 61
10.3 Table of Regulations for Special Uses ....................................... 63
10.3.1 Use —Adult Establishment .................... ................. 63
10.3.2 Use --Animal HospitalNeterinarian Clinic .................................... 63
10.3.3 Use —Assembly Halls, Coliseums, Gymnasiums and Similar Structures ............ 64
10.3.4 Use —Automobile Off -Street Parking Lot in Residential Districts .................. 64
10.3.5 Use —Cemetery ................................... ........... .. . 65
10.3.6 Use -Day Care Center ................................................... 66
10.3.7 Use —Funeral Home or Mortuary ............................................ 66
10.3.8 Use —Home Care Unit .................................................... 67
10.3.9 Use —Hotel, Motel, and Inn ................................................ 68
10.3.10Use—Industrial Park ..................................................... 68
10.3.11 Use —Manufactured Home Park or Travel Trailer Park ........................... 72
10.3.12Use—Manufactured Structure .............................................. 85
10.3.13Use—Municipal, County, State, and Federal Governmental Town Halls, Police Stations, Fire
Stations, Museums, Post Offices,Office Buildings, Libraries, Governmental Offices, and Related
Typesof Uses ............................. ............................... 85

Page 1
10.3.14 Use —Nursing Home, Rest Home, Assisted Living Facility, 1
and Home for the Aged............................................86
10.3.15 Use --Offices, Medical, Dental, and Other Professional Offices .........87
10.3.16 Use —Private Recreation Club or Swimming Club, Not Operated
1
as a Business for Profit .............................................
87
10.3.17 Use —Pumps, Electric Substations, and Kindred Devices ...................
10.3.18 Use —Radio or Television Transmitter (Commercial) .....................
88
89
1
10.3.19 Use --Rehabilitation Facility ........................................
89
10.3.20 Use —Schools, Public and Private .....................................
10.3.21 Use —Telecommunication Tower .......................................
89
90
1�
10.3.22 Use —Telephone Exchange Operation .................................
92
10.3.23 Use —Two -Family Dwelling .........................................
93
'
SECTION 11: OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS
-
11.1 General Regulations .....................................................
11.2 Off -Street Parking for Other Districts ........................................
94
95
1
11.3 Off -Street Loading Requirements ...........................................
95
11.4 Minimum Off -Street Parking Space Requirement ..............................
95
11.5 Use of Required Parking and Loading Space .................................
98
1
11.6 Parking Design Standards ................................................
99
11.7 Design Standards for Loading Spaces ......................................
100
11.8 Conditional Use Permit for Off -Street Parking ...............................
100
1
11.9 Required Certificate of Occupancy .........................................
101
SECTION 12: SIGN REGULATIONS
'
12.1
General Regulations....................................................
104
12.2
Projecting Signs and Devices .............................................
105
12.3
Area Computation ......................................... ...........105
1
12.4
Sign Illumination .......................................................
105
12.5
Conditional Setback...................................................105
12.6
Multi -Family Development Identification Sign Regulations .....................
106
12.7
Permanent Subdivision Sign Regulations ...................................
106
1
12.8
Signs Not Requiring a Permit from the Building Inspector .......................
106
12.9
Outdoor Advertising Signs ................................................
107
1
12.10
Public Service Information Signs ..........................................
108
12.11
Business Identification Signs .............................................
108
12.12
Temporary Signs ................................. ...................108
'
12.13
Historic District.......................................................
108
SECTION 13: HISTORIC DISTRICT
13.1 Purpose.............................................................110
1
13.2
Area Affected.........................................................110
13.3
13.4
Changes in the Boundaries..............................................110
Certificate of Appropriateness Required .:.................................
111
,
13.5
Creation of Historic Preservation Commission ...............................
112
13.6
Powers and Duties of the Commission ......................................
113
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Page
13.7 Meetings and Procedures of the Board (Commission) .......................... 115
13.8 Approval by the Commission ............................................. 115
13.9 Appeals ........................................ ........... ......115
13.10 Certain Changes not Prohibited .......................................... 116
13.11 Applicability......................................................... 116
13.12 Demolition of Buildings ................................................. 116
SECTION 14: NONCONFORMING SITUATIONS
14.1 Definitions .............................. .................. .........117
14.2 Continuation of Nonconforming Situations and Completion of Nonconforming
Projects..........................................................118
14.3 Nonconforming Lots....................................................11&
14.4 Extension or Enlargement of Nonconforming Situations ........................ 120
14.5 Change in Kind of Nonconforming Use ..................................... 122
14.6 Abandonment or Discontinuance of Nonconforming Situations ................... 122
14.7 Termination of Nonconforming Situations ................................... 123
14.8 Completion of Nonconforming Projects ................................... 123
SECTION 15: VESTED RIGHT PROVISIONS
15.1 Purpose.............................................................125
15.2 Establishment of a Zoning Vested Right .................................... 125
15.3 Approval Procedures and Approval Authority ................................. 125
15.4 Duration.............................................................126
15.5 Termination ....................................... ..................127
15.6 Voluntary Annexation ............................................. ....127
15.7 Limitations.......................................................... 128
15.8 Repealer ..................................... ......................128
15.9 Effective Date.........................................................128
SECTION 16: CERTIFICATE ISSUANCE
16.1 Zoning Certificate...................................................... 129
16.2 Certificate of Occupancy/Compliance ..................................... 129
16.3 Penalties for Violation .................................................. 129
SECTION 17: PLANNING BOARD
17.1 Composition of the Planning Board Pursuant to N.C.G.S. 160A-361 ............... 130
17.2 Meetings of the Planning Board ........................................... 131
17.3 Quorum and Voting....................................................131
17.4 Planning Board Officers ................................................. 131
17.5 Powers and Duties of Planning Board ...................................... 132
17.6 Advisory Committees .................................................. 132
SECTION 18: BOARD OF ADJUSTMENT
18.1 Composition of the Board of Adjustment Pursuant to NCGS 160A-388 ............. 133
18.2 Jurisdiction of the Board of Adjustment ..................................... 133
18.3 Rules for Proceedings of the Board of Adjustment ............................. 133
18.4 Powers of the Board of Adjustment ........................................ 134
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Page
18.5
Appeal to the Board of Adjustment .........................................
135
18.6
Appeal From Decision of the Board of Adjustment .............................
136
SECTION 19: AMENDMENT PROCEDURE
19.1
Amendment by Own Motion ..............................................
136
19.2
Amendment by Petition .................................................
136
19.3
Notification
..........................................................
137
SECTION
20: ADMINISTRATION, ENFORCEMENT, AND PENALTIES
20.1
Zoning Enforcement....................................................138
20.2
Enforcement of Ordinance Penalties ............. ..................... ...
138
SECTION 21: LEGAL STATUS PROVISIONS
21.1
Validity ............................................................
139
21.2
Effective Date..........................................................139
VI

IZONING ORDINANCE
' OF THE.
TOWN OF BEAUFORT, NORTH CAROLINA
' ENACTMENT:
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FORTHE
1 TOWN OF BEAUFORT, NORTH CAROLINA, AND PROVIDING FOR THE ADMINISTRATION,
' ENFORCEMENT, AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS
OF NORTH CAROLINA GENERAL STATUTES 160A, ARTICLE 19 PART 3 (160A-381), AND
! FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH.
' PREAMBLE:
WHEREAS, the General Statutes of North Carolina empowers the Town of Beaufort to
enact a zoning ordinance and to provide for its administration, enforcement, and amendment, and
' WHEREAS, the Board of Commissioners deems it necessary for the purpose of promoting
the health, safety, morals, or general welfare of the town to enact such an ordinance, and
1 WHEREAS, the Board of Commissioners has appointed a Planning Board to recommend
the boundaries of the various original districts and appropriate regulations to be enforced therein,
1 and
WHEREAS, the Planning Board has divided the town and its extraterritorial planning
jurisdiction into districts and has prepared regulations pertaining to such districts in accordance with
the town's land use plan designed to lessen congestion throughout the town; to secure safety from
fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light
and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate
the adequate provision of transportation, water, sewerage, schools, parks, and other public
requirements, and
WHEREAS, the Planning Board has given reasonable consideration, among other things,
to the character of the districts and their peculiar suitability for particular uses, with a view to
conserving the value of buildings and encouraging the most appropriate use of land throughout the
town and its extraterritorial jurisdiction, and
' WHEREAS, the Board of Commissioners has given due public notice of hearings relating
to zoning districts, regulations, and restrictions, and have held such public hearings, and
' WHEREAS, all requirements of the General Statutes of North Carolina with regard to the
preparation of the report of the Planning Board and subsequent action of Board of Commissioners
' has been met;
NOW THEREFORE BE IT ORDAINED BY THE TOWN OF BEAUFORT, NORTH
' CAROLINA, AS FOLLOWS:

' SECTION 1. AUTHORITY AND ENACTMENT
1.1 Authority
This ordinance is adopted under the authority granted by Chapter 160A, Article 19, Part 3
of the North Carolina General Statutes and Amendments thereto. The Board of Commissioners
of the Town of Beaufort, North Carolina, does ordain as follows:
1.2 Title
This ordinance shall be known as, referred to, and cited as the "ZONING ORDINANCE,
' TOWN OF BEAUFORT, NORTH CAROLINA" and hereinafter referred to as the "ordinance".
1.3 Purpose
rThe purpose of this ordinance is to promote the health, safety, morals, and general welfare
of the Town of Beaufort, North Carolina.
' 1.4 Intent
It is the general intent of this ordinance to:
' (a). Regulate and restrict the use of all structures and lands within the town limits and
the extraterritorial jurisdiction of the Town of Beaufort.
' (b). Regulate and restrict lot coverage, population density and distribution, and the
location and size of all structures within the town limits and the extraterritorial
' jurisdiction of the Town of Beaufort.
(c). Regulate development so as to accomplish the following:
(1) Secure safety from fire, flooding, panic and other dangers;
(2) Provide adequate light, air, sanitation, drainage;
' 3 Further the appropriate use of land, and conservation of natural resources;
()
' (4) Obtain the wise use, conservation, development, and protection of the
town's water, soil, woodland, and wildlife resources and attain a balance
between land uses and the ability of the natural resource base to support
and sustain such uses;
(5) Prevent overcrowding, and avoid undue population concentration and urban
' sprawl;
(6) Maintain character of existing neighborhoods;
' (7) Stabilize and protect the natural beauty and property values.
(8) Lessen congestion in and promote the safety and efficiency of the streets
and highways.

(9) Facilitate the adequate provision of public facilities and utilities;
(10) Preserve natural growth and cover and promote the natural beauty of the
community.
1.6 Interpretation
In interpreting and applying the provisions of this ordinance, those provisions shall be held
to be the minimum requirements forthe promotion of the public safety, health, convenience,
prosperity, and general welfare. It is not intended by this ordinance to interfere with or
abrogate or annul any easements, covenants or other agreements between parties;
provided, however, that where this ordinance imposes a greater restriction upon the use of
buildings or premises, or upon the height of buildings, or requires larger open spaces than
are imposed or required by other ordinances, rules, regulations, or by easements,
covenants or agreements, the provisions of this ordinance shall govern. Likewise, where
other ordinances, easements, covenants or other agreements impose additional or greater
restrictions than those regulations set forth herein, the more restrictive regulations shall
have precedence.
3

SECTION 2. GENERAL PROVISIONS
2.1 Introduction
The proper regulation of the use of certain structures, lands and water, only through the use
of the zoning districts contained within this ordinance, is neither feasible nor adequate. Therefore,
the following restrictions and regulations, which shall be applied in addition to the district
regulations, are necessary to accomplish the intent of this ordinance.
2.2 Jurisdiction
(a). This chapter shall be effective throughout the town's planning jurisdiction. The
town's planning jurisdiction comprises the area within the corporate boundaries of
the town as well as the area described in that ordinance adopted by the Board of
Commissioners on June 12. 1995, and as amended from time to time entitled an
"Ordinance Establishing Extraterritorial Jurisdiction," which ordinance is recorded
in Book 757, pages 597/598 of the Carteret County Registry. Such planning
jurisdiction may be modified from time to time in accordance with NCGS 160A-360
of the North Carolina State Law.
(b). In addition to other locations required by law, a copy of a map showing the
boundaries of the town's planning jurisdiction shall be available for public inspection
in the planning department.
2.3 Application of District Regulations
The regulations set by this ordinance within each district shall be minimum regulations and
shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
(a). No building, structure, or land shall hereafter be used or occupied, and no building
or structure or part thereof shall hereafter be erected, constructed, reconstructed,
moved, or structurally altered except in conformity with all of the regulations herein
specified for the district in which it is located and until a permit is secured from the
zoning officer.
I
(b). No building or other structure shall hereafter be erected or altered:
(1) to exceed the height or bulk;
(2) to accommodate or house a greater number of families;
'
(3) to occupy a greater percentage of lot area;
(4) to have narrower or smaller rear yards, front yards, side yards, or other open
spaces than herein required, or in any other manner be contrary to the
'
provisions of this ordinance.
(c). No part of a yard, or other open space required about or in connection with any
'
building for the purpose of complying with this ordinance, shall be included as part
of a yard, or open space similarly required for any other building.
'
(d). No yard or lot existing at the time of passage of this ordinance shall be reduced in
4

dimension or area below the minimum requirements set forth herein. Yards or lots
created after the effective date of this ordinance shall meet at least the minimum
requirements established by this ordinance. ,
2.4 Provision for Official Zoning Map
Official Zoning Map - The Town of Beaufort is hereby divided into zones, or districts, as '
shown on the Official Zoning Map, dated June 1997, and as amended from time to time and
adopted by the Board of Commissioners, which, together with all explanatory matter thereon, is
hereby adopted by reference and declared to be a part of this ordinance. The Official Zoning Map
shall be identified by the signature of the Mayor of the Town of Beaufort, attested by the Town
Clerk, and bearing the seal of the Town. No changes of any nature shall be made on the Official
Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ,
ordinance. Regardless of the existence of copies of the Official Zoning Map which may from time
to time be made or published, the Official Zoning Map located in the Town of Beaufort Building
Inspector's Office shall be the final authority as to the current zoning status of land and water ,
areas, buildings, and other structures in the town's planning jurisdiction. The map shall be
available for inspection by the public.
2.5 Replacement of Official Zoning Map '
In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to
interpret because of the nature or number of changes and additions, the Board of Commissioners
,
may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning
Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior
Official Zoning Map, but no such correction shall have the effect of amending the original Official
'
Zoning Map. The new Official Zoning Map shall be identified by the signature of the Mayor of the
Town of Beaufort, attested by the Town Clerk, and bearing the seal of the Town of Beaufort.
Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or
,
any significant parts thereof remaining shall be preserved, together with all available records
pertaining to its adoption or amendment.
,
2.6 Relationship to Land Use Plan
It is the intention of the Board of Commissioners that this chapter implement the planning ,
policies adopted by the board for the town and its extraterritorial planning area, as reflected in the
land use plan and other planning documents. While the Board of Commissioners reaffirms its
commitment that this chapter and any amendment to it be in conformity with adopted planning
policies, the board hereby expresses its intent that neither this chapter nor any amendment to it
may be challenged on the basis of any alleged nonconformity with any planning document.
2.7 Relationshio to Existina Subdivision and Flood Control Ordinances
To the extent that the provisions of this chapter are the same in substance as the previously
adopted provisions that they replace in the town's subdivision or flood control ordinances, they shall '
be considered as continuations thereof and not as new enactments unless otherwise specifically
provided.

' 2.8 No Use or Sale of Land or Buildings Except in Conformity With Chapter Provisions
1 (a). Subject to section 14 of this ordinance (Nonconforming Situations), no person may
use, occupy, or sell any land or buildings or authorize or permit the use, occupancy,
or sale of land or buildings under his control except in accordance with all of the
applicable provisions of this chapter.
(b). For purposes of this section, the "use" or "occupancy" of a building or land relates
' to anything and everything that is done to, on, or in that building or land.
2.9 Building Permits to Remain in Force
' Outstanding building permits valid at the time of adoption of this ordinance shall remain in
force, and nothing in this ordinance shall require a change of plans, construction, or designated use
of any structure for which such permit has been issued, provided that substantial construction has
t been accomplished, and such construction has been diligently carried on, immediately prior to the
effective date of this ordinance; otherwise, such permits shall be null and void.
2.10 . Approval of Plats
No proposed subdivision plat shall hereafter be approved, unless the lots shown on such
' plat comply with the lot width and area requirements of the applicable district.
2.11 Accessory Buildings
' Accessory buildings shall be subject to the following regulations:
' (a). An accessory building which is more than twelve (12) feet in height or which is
structurally attached to the principal building shall comply with all the restrictions
applicable to the principal building.
' (b). An accessory building less than twelve (12) feet in height may be erected on any
interior lot in either required side yard, and on a corner lot in the required side yard
not abutting the street, if no part of such accessory building is less than five (5) feet
' from a side lot line.
(c). An accessory building less than twelve (12) feet in height may occupy not more than
' twenty five (25) percent of the area of a required rear yard if no part of such
accessory building is less than five feet from a lot line. However, an accessory
building in the required rear yard of a corner lot, shall not project beyond, or nearer
' to the street than, the front setback line, as extended, of the lot adjacent thereto and
whose front yard abuts thereon.

2.12 Swimming Pools
Private swimming pools are permitted as accessory uses in any residential district. No I
private swimming pool in a residential district shall be operated as a business.
2.13 Fees
(a). Reasonable fees sufficient to cover the costs of administration, inspection,
publication of notice and similar matters may be charged to applicants for zoning
permits, sign permits,special-use permits, subdivision plat approval, zoning
amendments, variances and other administrative relief. The amount of the fees
charged shall be as set forth in the town's budget or as established by resolution of
the Board of Commissioners filed in the office of the Town Clerk.
(b). Fees established in accordance with subsection (a) shall be paid upon submission
of a signed application or notice of appeal. '
2.14 Severabilitv
It is hereby declared to be the intention of the Board of Commissioners that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any such
section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid
by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or
invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrase
of this ordinance since the same would have been enacted without the incorporation into this
ordinance of such unconstitutional or invalid section, paragraph, sentence, clause, or phrase.
2.15 Computation of Time
(a). Unless otherwise specifically provided, the time within which an act is to be done
shall be computed by excluding the first and including the last day. If the last day
is a Saturday, Sunday, or legal holiday, that day shall be excluded. When the
period of time prescribed is less than seven (7) days, intermediate Saturdays,
Sundays, and holidays shall be excluded.
(b). Unless otherwise specifically provided, whenever a person has the right or is
required to do some act within a prescribed period after the service of a notice or
other paper upon him and the notice or paper is served by mail, three (3) days shall
be added to the prescribed period.
1,
1
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7
11

ISECTION 3. DEFINITION OF TERMS
'
3.1 General
For the purpose of interpreting this ordinance, certain words and terms used are defined
'
in this section.
Except as defined in this section, all other words used in this ordinance shall have
their standard
dictionary definition. For general interpretation, the following shall apply in all uses
and cases in this ordinance:
(a).
The present tense includes the future tense, and the future tense includes the
present tense.
'
(b).
The singular number includes the plural number, and the plural number includes the
singular number.
'
(c).
The word "may" is permissive, and the word "shall' is mandatory.
(d).
The word "person" includes a firm, association, organization, partnership, trust,
company or corporation, as well as an individual.
(e).
The words "used" or "occupied" include the words "intended, designed, or arranged
'
to be used or occupied."
(f).
Words imparting the masculine gender include the feminine and neuter.
'lot" "plot,
(g).
The word includes the words parcel, site, and premises."
' (h). The word "building" includes the word "structure."
(i). The words "map," "zoning map," and "Town of Beaufort Zoning Map" shall mean the
"Official Zoning Map for the Town of Beaufort, North Carolina."
' The word "town" shall mean the "Town of Beaufort, a oration of the municipal corporation G)• P P
State of North Carolina."
' (k). The words "ordinance" and "regulation" shall mean the "Official Zoning Ordinance
for the Town of Beaufort, North Carolina."
1 (1). The words "Planning Board" shall mean the "Town of Beaufort Planning Board."
(m). The words "board or Board of Commissioners" shall mean the 'Board of
Commissioners of the Town of Beaufort, North Carolina."
(n). The words 'Board of Adjustment" shall mean the "Town of Beaufort Board of
Adjustment."
(o). The words "planner," "administrative officer, "director of planning," and "zoning
' enforcement officer" shall mean the "Town of Beaufort Building Inspector" or
designee.

3.2 Word and Term Definitions
'
Accessory Building, Residential District- In residential districts, an accessory building, on the same
lots as, and detached from a principal building, may be a garage, workshop, storage shed, hobby-
type greenhouse or similar minor building.
'
Accessory Building or Structure - A building or structure which is on the same zoning lot as, and
detached from a principal building to which the use is incidental and subordinate.
,
Accessory Use - A use which is on the same lot as, and of a nature customarily incidental and
subordinate to the principal use, structure, or building on the
property.
Administrative Officer (Director of Planning or Town Plannerl - The Town of Beaufort Building
Inspector or his designee, the official charged with the enforcement of this zoning ordinance.
'
Adult Arcade - An establishment where, for any form of consideration, one or more motion picture
projectors, slide projectors, or similar machines for viewing by five or fewer persons each are used
,
to show films, motion pictures, video cassettes, slides, or other photographic reproductions that are
characterized by an emphasis upon the depiction or description of specified sexual activities or
specified anatomical areas.
'
Adult Bookstore - An establishment that has as a substantial portion of its stock -in -trade and offers
for sale, for any form of consideration, any one or more of the following: 1) books, magazines,
periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides,
,
or other visual representations that are characterized by an emphasis upon the depiction or
description of specified sexual activities or specified anatomical areas; or 2) instruments, devices,
or paraphernalia that are designed for use in connection with specified sexual activities.
'
Adult Cabaret - A nightclub, bar, restaurant, or similar establishment that regularly features live
performances that are characterized by the exposure of specified anatomical areas or by specified ,
sexual activities, or films, motion pictures, video cassettes, slides, or other photographic
reproductions in which a substantial portion of the total presentation time is devoted to the showing
of material that is characterized by an emphasis upon the depiction or description of specified I
sexual activities or specified anatomical areas.
Adult Motion Picture Theater- An establishment where, for any form of consideration, films, motion '
pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a
substantial portion of the total presentation time is devoted to the showing of material characterized
by an emphasis on the depiction or description of specified sexual activities or specified anatomical ,
areas.
Adult Theater - A theater, concert hall, auditorium, or similar establishment characterized by
activities featuring the exposure of specified anatomical areas or by special sexual activities. '
Agricultural Land- Agricultural land, forestland, or horticultural land as defined in NCGS 105-277.2,
located within the jurisdiction of the Town of Beaufort.
Alley - A roadway easement which affords only a secondary means of access to abutting property
and not intended for general traffic circulation. ,
Alter- To make any structural changes in the supporting or load -bearing members of a building,
such as walls, columns, beams, girders or floor joists. ,
9 '

Apartment - See "dwelling, multi -family."
' Approval Authority - The board of commissioners, board of adjustment, planning board or official
designated by ordinance or resolution as being authorized to grant the specific zoning or land use
permit or approval that constitutes a site specific development plan.
' Assembly - A joining together of fabricated parts to create a finished product.
Assisted Living Facility - A facility providing shelter and services for ambulatory individuals who by
reason of age, functional impairment, or infirmity may require meals, housekeeping, and personal
care assistance. Congregate care facilities do not include nursing home or similar institutions
' devoted primarily to the care of the chronically ill or the incurable.
Attached - Connected or fastened together.
' Bed and Breakfast Inn - A house, or portion thereof, where short-term lodging rooms and meals
are provided. The operator of the inn shall live on the premises or in adjacent premises.
' Boat House - An enclosed structure constructed on a pier for the purpose of storing a boat.
Breezeway - A roofed passage connecting two (2) buildings (such as a house and a garage).
Boarding House - A rooming house or a structure which contains four (4) or more rooms, each of
which has no kitchen facilities, and is designed or intended to be used for residential occupancy
' on a rental basis.
Bona Fide Farm - Any tract of land larger than ten (10) acres and otherwise eligible for tax deferral
' as authorized in NCGS 105-277.1 et. seq. shall be considered a bona fide farm. Any tract of land
on which agricultural activities are clearly of an incidental nature may also be considered as a bona
fide farm upon determination by the building inspector upon consideration of agricultural
productivity and improvements, and any other necessary or available information. Under no
circumstances will any parcel smaller than five (5) acres be considered a bona fide farm. Bona fide
farms do not include intensive livestock operations or aquaculture activities.
' Buffer Strip - A buffer strip shall consist of an approved wall, fence or planted strip of such
characteristics as will provide an obscuring screen. The purpose of the buffer strip is to screen
light, noise, odor, and dust. The buffer shall be no less than six (6) feet in height, except when
' extending into a front yard, in which case the buffer shall be a maximum of four (4) feet in height.
If composed of planted material, the buffer strip shall be composed of evergreen trees, or a mixture
of evergreen and deciduous trees at least ten (10) feet in width, with tree trunks spaced not more
' than ten (10) feet apart, plus at least one (1) row of dense shrubs with main trunks a maximum of
five (5) feet apart using mature plants only.
' Building - Any structure enclosed and isolated by exterior walls or columns constructed or used for
residence, business, industry or other public or private purposes, or accessory thereto. The term
"building" shall be construed as if followed by the words "or parts thereof."
' Building, Detached - A building having no party or common wall with another building except an
accessory building.
' Building Groups, Planned- More than one building on a single lot or tract developed in accordance
10

with the provisions of Section 9.
Building, Height of - As applied to a building, the vertical distance from the average grade to the
highest finished roof surface in the case of flat roofs or to the point of average height of roofs
having a pitch of more than one foot in four feet. In calculating building height with regard to the
number of stories, basements and cellars shall not be used except as specifically provided
otherwise. As applies to a story, height means the vertical distance from top to top of two
successive finished floor surfaces. As applied to a wall, height means the vertical distance to the
top measured from the foundation wall, or from a girder or other immediate support of such wall.
As applied to all other structures, the term "height" shall mean the vertical distance from average
grade to the highest portion of the structure.
Building, Line - A line located a minimum horizontal distance from the right-of-way line of a street
or road parallel thereto, between which and the right-of-way line no building or parts of buildings
may be erected, altered, or maintained except as otherwise provided herein.
Building, Principal - A building in which is conducted the principal use of the lot on which the
building is located.
Building Setback Line - A line establishing the minimum allowable distance between the nearest
portion of any building, excluding the outermost three (3) feet of any uncovered porches, decks,
steps, chimneys, eaves, gutters, and similar fixtures, and the street right-of-way line when
measured perpendicularly thereto.
Bulk Storage of Petroleum Liquids and Other Flammable Materials - The storage above ground in
open or closed tanks or barrels, or any variety of pressurized containers, in excess of twelve
hundred (1200) gallons.
Certificate of Occupancy/Compliance - A statement, signed by an administrative officer or his
designee authorized by the Beaufort Board of Commissioners, setting forth that the building,
structure or use complies with the Zoning Ordinance, and that the same may be used for the
purpose stated herein.
Clinic - An establishment for the medical examination and treatment of patients, but without
provision for keeping such patients overnight on the premises. For the purposes of this ordinance,
a doctor's office in his own home, when it qualifies as a home occupation (see "home occupation")
shall not be considered a clinic, but any doctor's or dentist's office which is not a part of his own
home, or the office of two (2) or more doctors or dentists, whether in a residence or not, shall be
considered a clinic.
Condominium, A single family dwelling in a multi -unit structure with common areas and facilities
developed and submitted to condominium ownership, in accordance with Chapter 47C of the North "
Carolina General Statutes.
Contractor, General and Sub - One who is engaged in one or more aspects of building construction
and/or land development through a legal agreement.
Coverage - An area determined in square footage.
Dance HaRlDisco - An establishment that provides music and space for dancing.
P�
11

Ll
Day Care Center- Inclusive of kindergarten, a facility for the case and/or education of pre-school
age children.
Developed or Development - Any new construction, not otherwise excluded by the provisions of
this regulation.
Director- The Town of Beaufort Director of Public Works or his designee.
Display- An eye-catching arrangement by which something is exhibited. This includes billboards,
signs of all varieties, window exhibits, and placement of articles for retail in view of the public.
However, this definition does not include automobiles, boats and boat trailers, and manufactured
homes.
Duplex - See "dwelling, two-family."
r
Dwelling, Multiple Family - A residential building, other than a manufactured home, designed for
or occupied by three (3) or more families living independently (with separate housekeeping and
cooking facilities) of each other.
Dwelling, Single -Family - A detached residential building, other than a manufactured home,
designed for and occupied exclusively by one (1) family.
Dwelling, Two Family - A residential building, other than a manufactured home, designed for or
occupied by two (2) families living independently (with separate housekeeping and cooking
facilities) of each other.
Dwelling Unit -A building or portion thereof, providing complete and permanent living facilities for
one (1) family. The term "dwelling" shall not be deemed to include a motel, hotel, tourist home, or
other structure designed for transient residence.
Erect - Build, construct, rebuild, or reconstruct, as the same are commonly defined.
Essential Site Improvements - Any construction or reconstruction of site development features
required by an local, state, or federal regulations, ordinances, or laws, such as underground
drainage, off-street parking, driveways, retention areas, or similar improvements required for the
intended use of the site, which cannot be accommodated on the site without removal of regulated
trees.
Fabrication - Manufacturing, excluding the refining or other initial processing of basic raw materials
such as metal ores, lumber or rubber. Fabrication relates to stamping, cutting or otherwise shaping
the processed materials into useful objects.
Family - Any number of persons related by blood, adoption, or marriage, or not to exceed four (4)
persons not so related, living together in a dwelling unit as a single housekeeping entity.
Farmer's Market - An establishment, either open space or enclosed, dedicated for farmers to sell
farm products not grown upon the premises.
Floor Area - The total area of a building including basements, mezzanines and upper floors,
exclusive of stairways and elevator shafts. It includes separate service facilities outside the main
building such as boiler rooms and maintenance shops.
12

Frontage - All property abutting on one side of a street measured along the street line. I
Health Centers - See "clinic." I
Home Care Unit - A facility meeting all the requirements of the State of North Carolina for boarding
and care of not more than five (5) persons who are not critically ill and do not need professional '
medical attention, to include homes for the aged.
Home Occupation - Any profession or occupation for gain carried on by a member of a family or
a member of a recognized profession residing on the premises, such use being incidental and
subordinate to the residential use.
Hospital - A building or complex of buildings wherein medical services are provided on an out-
,
patient and overnight room and board guest basis and wherein the sick and injured are given
medical and/or surgical care.
Improvements -The addition of any building, accessory building, parking area, loading area, fence,
wall, hedge, lawn or mass planting (except to prevent soil erosion) to a lot or parcel of property.
Intensive Livestock Operations - Intensive livestock operations (ILO) means any enclosure, pen,
'
feedlot, building, or group of buildings intended to be used or actually used to feed, confine,
maintain or stable cattle, horses, sheep, goats, turkeys, chickens, swine, or any combination
thereof, with at any time a total of 100 animal units present, where their dietary needs are met
,
primarily by means other than grazing.
Junk - Pre -used or unusable metallic parts and other nonmetallic manufactured products that are ,
worn, deteriorated or obsolete, making them unusable in their existing condition, but are subject
to being dismantled and salvaged.
Junk Yard - The use of more than 200 square feet of the area of any lot for the open or visible '
storage, keeping, or abandonment of junk, including scrap metals, or other materials, or for the
dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts I
thereof.
Lot - Land area of defined boundaries in single ownership, set aside for separate use or '
occupancy, and recorded as such in the office of the Carteret County Register of Deeds.
Lot, Corner - A lot abutting upon two (2) or more streets at their intersection(s). The street line
forming the least frontage shall be deemed the front of the lot except where the two (2) street lines
are equal, in which case the owner shall be required to specify which is the front when requesting
a building permit.
Lot, Depth - The mean horizontal distance between the front and rear lot lines.
Lot, Front Footage - The lot width measured on the street right-of-way line. '
Lot Line - Any property boundary of a parcel of land.
Lot Line, Rear- The lot line opposite the front lot line.
Lot Line, Side - Any lot line which is not a front or rear lot line. '
13 ,

Lot of Record - A lot which is part of a subdivision, a plat of which has been recorded in the office
of the Carteret County Register of Deeds, or a lot described by metes and bounds, the description
of which has been so recorded.
Lot Width - The distance between side lot lines measured at the building setback line.
Manual - The Town of Beaufort Technical Standards and Specifications Manual. (NOTE: In the
absence of a town technical manual, specific technical standards may need to be developed to
' support this landscaping ordinance.)
Manufactured Home Park- Any single parcel of land upon which two or more manufactured homes
or travel trailers, occupied for dwelling or sleeping purposes, are located, regardless of whether or
not a charge is made for such accommodations.
' Marina Marinas are defined as any publicly or privately owned dock, basin or wet boat storage
facility constructed to accommodate more than ten (10) boats and providing any of the following
services: permanent ortransient docking spaces, dry storage, fueling facilities, haulout facilities and
repair service.
' Massage Parlor - An establishment where, for any form of consideration, massage, alcohol rub,
fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body
' is administered, unless such treatment or manipulation is administered by a medical practitioner,
chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state.
This definition does not include an athletic club, health club, school, gymnasium, reducing salon,
' spa, or similar establishment where massage or similar manipulation of the human body is offered
as an incidental or accessory service.
' Mini -Storage Warehouse - A building consisting of individual, small, self-contained units that are
leased or owned for the storage of business and/or household goods.
More Intensive Use - A use that will have a greater impact on the surrounding area than the
' previous use, including activities which generate more traffic, require more employees or service
deliveries, or utilize more square footage than the previous use existing on the site.
' New Construction -1) Any single family sub -division, including houses constructed in such
subdivision priorto the recording of a final subdivision plat, 2) multifamily or nonresidential structure
or, 3) parking lot, motor vehicle lot or manufactured home sales lot for which a building permit or
' construction permit is issued, or upon which construction actually begins on or after the effective
date of this regulation.
' Night Club - An establishment which serves alcoholic beverages and provides live entertainment,
a floor show or music, and space for dancing.
Nonconforming Use - A use of building or land that does not conform with the regulations of the
district in which such building or land is situated but was lawful before adoption of this ordinance.
' Nursing Home - A convalescent facility having over five (5) beds meeting all the requirements of
the State of North Carolina for the boarding and care of persons who cannot care for themselves.
' Off Street Parking Space - A space of not less than two hundred (200) square feet suitable to
accommodate one (1) automobile, plus the necessary access space. It shall always be off-street;
14

that is, located outside the public right-of-way.
Open Space - All land and/or water area not covered by buildings, structures, parking area, or
street pavement.
Open Storage - An unroofed storage area, whether enclosed by fence or not.
Park - A recreation area in public or private ownership that is operated for the convenience and
recreation of the public, and containing such facilities as the owning public or private agency or
party shall see fit.
Patio - A court or terrace, often paved, that is open to the sky and adjoins a dwelling.
Permitted Structural Use -A structure/use meeting all of the requirements of this ordinance for the
zone district in which it is located.
Planned Building Group - A group of two or more buildings or two or more
manufactured homes located on a single parcel of land.
Planned Unit Development - See section 9.3.
Processing - Any operation changing the nature of material or material's chemical composition or
physical properties. Operations described as fabrication are not included.
Recreation Facilities - A broad classification which includes, but is not limited to, parks,
playgrounds, tot lots, and the wide range of required recreational equipment necessarily
accompanying these recreation facilities.
Recreation, Indoor- A broad classification which includes a wide variety of recreational activities
designed for housing in an enclosed building. Examples include: (1) bowling alley, (2) movie
houses (excluding adult), (3) museums, (4) pool halls, (5) archery lanes, and (6) gymnastics
classes,: aerobics, karate and dance.
Recreation, Space - The part of the open space which is specifically designed to serve the needs
of residents of the district with active recreation which may include, but is not limited to, swimming,
tennis, golf and ball fields.
Recreational Vehicle - A recreational vehicle is a vehicle which is (1) built on a single chassis, (2)
400 square feet or less when measured at the largest horizontal projections, (3) self-propelled or
permanently towable by a light duty truck and (4) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.
Recreational vehicles placed on sites shall either:
be on site for fewer than 180 consecutive days, or
_ be fully licensed and ready for highway use.
Recreational Vehicle Parks - Any single parcel of land upon which two or more recreational
vehicles, occupied for sleeping purposes, are located regardless of whether or not a charge is
made for such purposes. Recreational vehicle parks are referred to in this ordinance as "RV
park(s)."
15

IRetail - Sale of a commodity to the ultimate consumer and not customarily subject to sale again.
Rooming House - A building or part thereof, not a hotel or inn, in which five (5) or more boarders
are housed in sleeping rooms that are available for hire as lodging with or without meals. Where
equipment for cooking or provisions for the same are included in a sleeping room, such room shall
' be deemed a dwelling unit.
Salvage Operation - The reclamation, dismantling or storage of preused commodities, junk and
similar material for the purposes of resale, processing, distribution or deposition. This does not
include the purchase or storage of used furniture, used cars in operable condition, and used or
salvaged materials as part of manufacturing operations.
' Satellite Dish Antenna - A device incorporating a reflective surface that is solid, open mesh, or bar
configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be
used to transmit and/or receive radio or electromagnetic waves between terrestrially and/ororbitally
based uses. This definition is meant to include but not be limited to what are commonly referred
to as satellite earth stations, TVROs (television reception only) satellite dish antennas, and satellite
microwave antennas.
' Noncommercial dish antennas are defined as being less than four meters in diameter, while
commercial dish antennas are usually those larger than four meters and typically used by
' broadcasting stations.
Service Station - A building or lot where gasoline, oil, grease, and automotive accessories are
' supplied and dispensed to the motor vehicle trade.
Setback Line - The line on the front, rear and sides or a lot which delineates the area upon which
' a structure may be built and maintained, according to the district regulations.
Sexual Encounter Establishment - An establishment other than a hotel, motel, or similar
' establishment offering public accommodations which, for any form of consideration, provides a
place where two or more persons may congregate, associate, or consort in connection with
specified sexual activities or the exposure of specified anatomical areas. This definition does not
include an establishment where a medical practitioner, psychologist, psychiatrist, or similar
professional person licensed by the state engages in sexual therapy.
Shed -An unattached one (1) story non-residential accessory building otherthan a carportwith one
' (1) or more sides left open.
Sign (advertising sign and structure) - Any surface, fabric, or device bearing lettered, pictorial or
' sculptured matter designed to convey information visually and exposed to public view, or any
structures designed to carry the above visual information, including but not limited to:
' -- Billboards. A sign which directs attention to and is located other than on the
premises where a business, commodity, service, or entertainment is conducted,
sold, or offered.
-- Bulletin Board. A sign used to announce meetings or programs to be held at a
church, school, auditorium, library, museum, community recreation center or similar
noncommercial place of public assembly and is located on the premises where the
meeting or program is conducted.
1 16

-- Business Sign. A sign which directs attention to a business, profession, or industry
located upon the premises where the sign is displayed, to types of products sold,
manufactured or assembled on said premises, and/or to service or entertainment '
offered on said premises, but not a sign pertaining to the preceding if such activity
is only minor and incidental to the principal use of the premises.
-- Directional Sign. Signs other than business signs which contain only the name of '
a parking area or similar accessory use to a business establishment to which
direction is given, i.e., entrance/exit signs. '
-- Flush Mounted Sign. A sign mounted flat against the surface of a building.
— Freestanding Sign. A sign which is supported by uprights or braces placed upon ,
or in or supported by the ground and not attached to a building.
-- Home Occupation Sign. A sign used to identify the name of the individual, family, ,
organization, or enterprise occupying the home and engaged in a home occupation
or the profession of the occupant.
-- Projecting Sign. A sign which is attached to a building by supports which extend at '
any angle from the building more than two (2) feet.
-- Temporary Sign. Temporary signs include all signs which are mounted on mobile '
framework or movable apparatus and are portable, including but not limited to arrow
type signs, spring type signs, metal frame signs, pricing type signs, and special '
purpose advertising signs.
- Wall Sign. A sign painted on the outside of a building, or attached to, and erected
parallel to the face of a building and supported throughout its length by such '
building..
Sign, Area of - Sign area shall be computed by the smallest square, triangle, rectangle, circle, or
combination thereof which will encompass the entire sign including lattice work, wall work, frame
or supports incidental to its decoration. In computing the area, only one (1) side of a double face
sign structure shall be considered, provided the opposite side is identical. Frames and structural
members which do not bear any advertising matter, are not lit, or are not designed to increase the
sign face shall not be included in the computation of sign area. When signs are painted or
attached to walls or fences, only the area covered by the sign shall be included in the computation.
Single Family Manufactured Home - A structure, transportable in one or more sections, which in
the traveling mode is eight body feet or more in width, or forty (40) body feet or more in length, or,
when erected on site, is 900 or more square feet; was constructed no earlier than twelve (12) years
priorto the effective date of this ordinance; and which is built on a permanent chassis and designed
to be used as a dwelling, with or without permanent foundation when connected to the required
utilities, including the plumbing, heating, air conditioning and electrical systems contained therein.
"Manufactured home" includes any structure that meets all of the requirements of this definition
except the size requirements and with respect to which the manufacturer voluntarily files a
certification required by the Secretary of the United States Department of Housing nufactured and
Urban Development and complies with the standards established underthe National Manufactured
Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §5401, et seq, and Zone II
Wind Requirements.
17

For manufactured homes built prior to June 15, 1976, "manufactured home" means a portable
manufactured housing unit designed for transportation on its own chassis and placement on a
' temporary or semipermanent foundation having a measurement of over thirty two (32) feet in length
and over eight (8) feet in width. "Manufactured home" also means a double -wide manufactured
home, which is two or more portable manufactured housing units designed for transportation on
I
their own chassis that connect on site for placement on a temporary or semipermanent foundation
having a measurement of over thirty two (32) feet in length and over eight feet in width.
' Site Specific Development Plan - A plan of land development submitted to the town for purposes
of obtaining one of the following zoning or land use permits or approvals: (1) a preliminary plat,
prepared and approved in accordance with the town subdivision ordinance or group housing
' ordinance; (2) a special use permit, obtained in accordance with the provisions of the Town of
Beaufort zoning ordinance; (3) a planned unit development (PUD), prepared and approved in
accordance with the Town of Beaufort subdivision and/or zoning ordinances; and (4) a site plan
which requires prior approval by the town under the zoning ordinance and is submitted to and
approved by the town according to the town's applicable zoning provisions.
Notwithstanding the foregoing, neither a variance, a sketch plan nor any other document that fails
' to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels
of property shall constitute a site specific development plan.
' Special Use Permit - A permit allowing a land use not specifically authorized by the ordinance.
Applications are reviewed by the Planning Board and then submitted, with a recommendation, to
the Board of Commissioners for a final determination. Approval requires that public health, safety,
' and welfare will not be endangered, that all conditions and specifications are met, that neighbors
will not be injured or the special use is a public necessity, and the use will be in harmony with the
area and the town's plan of development. The board may place conditions on a special use permit
' to protect neighboring properties and larger public interests.
Specified Anatomical Areas -As used herein, specified anatomical areas means and includes any
of the following: 1) less than completely and opaquely covered human genitals, pubic region,
' buttocks, anus, or female breasts below a point immediately above the top of the areolae; or 2)
human male genitals in a discernibly turgid state, even if completely and opaquely covered.
' Specified Sexual Activities - As used herein, specified sexual activities means and includes any of
the following: 1) the fondling or other erotic touching of human genitals, pubic region, buttocks,
anus, or female breasts; 2) sex acts, normal or perverted, actual or simulated, including
' intercourse, oral copulation, or sodomy; 3) masturbation, actual or simulated; or 4) excretory
functions as part of or in connection with any of the activities set forth in subdivisions 1 through 3
of this definition.
' Storage - A depository for commodities or items for the purpose of future use or safekeeping.
Street - A private accessway or a dedicated and accepted public right-of-way for vehicular traffic
which affords the principal means of access to abutting properties.
' Street Yard - The area of a parcel immediately adjacent to a street right-of-way and reserved for
planting. The minimum dimensions of street yards are established by this regulation.
Structure - Anything constructed or erected, the use of which requires more or less permanent
' location on the ground or which is attached to something having more or less permanent location
1
.18

on the ground. I
Subdivision - "Subdivision" means all division of a tract or parcel of land into two or more lots, t
building sites, or other divisions for the purpose of sale or building development (whether
immediate or future) and includes all division of land involving the dedication of a new street or a
change in existing streets; however, the following is not included within this definition and is not '
subject to any regulations enacted pursuant to this ordinance.
The combination or recombination of portions or previously platted lots where the '
total number of lots is not increased and the resultant lots are equal to or exceed
the standards of the Town of Beaufort, as shown in its subdivision regulations;
The division of land into parcels greater than ten(10) acres where no street right -of- '
way dedication is involved;
The public acquisition by purchase of strips of land for the widening or opening of I
streets; and
- The division of a tract in single ownership whose entire area is no greater than 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 of Beaufort, as shown in this ordinance. ,
Tavern - An establishment which serves alcoholic beverages to be consumed primarily on the
premises, the revenues from alcoholic beverages exceeding revenues from food. '
Tourist Home - A building or part thereof occupied by the owner or operator, not a hotel or motel,
in which sleeping rooms are available for hire as lodging and used by the traveling public on a short
term basis. t
Townhouse - A single family dwelling constructed in a series of or group of attached units with
property lines separating each unit. Streets, drives, recreational areas, open spaces and other '
facilities are owned by the association of property owners within the development.
Use - The purpose for which land or structure thereon is designed, arranged or intended to be
occupied or used, or for which it is occupied, maintained, rented or leased.
,
Use By Right - A use which is listed as an unconditionally permitted activity in this ordinance.
'
Use Nonconforming- A use of building or land that does no
g t conform with the regulations of the
district in which the building or land is situated.
'
Use, Non -Farm - Any use of property which is not encompassed by the definition of a bona fide
farm as so defined in this ordinance.
'
Variance - A permit granted by the Board of Adjustment providing for relaxation of the terms of the
ordinance if strict enforcement would result in unnecessary and undue hardship to the property
owner. The hardship must be a result of conditions peculiar to the property and not a result of '
actions by the owner. A variance is authorized only for height, area and size of a structure or size
of yards and open spaces. A variance must be in harmony with the intent of the ordinance, assure
public safety and welfare, and be just. The board may place conditions on a variance to protect I
19 '

neighboring properties and larger public interests.
Veterinary Clinic and Animal Hospital - Any premises to which animals are brought, or where they
are temporarily kept, solely for purposes of diagnosis or treatment of any illness or injury.
Warehouse - A building or compartment in a building used and appropriated by the occupant for
the deposit and safekeeping or selling of his own goods at wholesale and/or for the purpose of
storing the goods of others placed there in the regular course of commercial dealing and trade to
be again removed or reshipped.
Wholesale - Sale of a commodity for resale to the public for direct consumption.
Yard - Any open space on the same lot with a building and unoccupied from the ground upward
except by trees, shrubbery, or fences.
Yard, Front - The space on the same lot with the principal building between the building (exclusive
of steps) and the front property or street right-of-way line and extending across the full width of the
lot.
Yard, Rear- The space extending the full width of the lot and situated between the rear line of the
lot and rear lines of the building projected to the side lines of the lot.
Yard, Side - The space situated between the side lines of the building and the adjacent side lines
of the lot and extending from the rear line of the front yard to the front line of the rear yard.
Zoning Certificate - A certification by the Board of Commissioners or its authorized agents that a
course of action to use or occupy a tract of land or a building, or to erect, install or alter a structure,
building or sign situated in the extraterritorial jurisdiction of the town, fully meets the requirements
of this ordinance.
' Zoning Vested Right - A right pursuant to G.S. 160A-385.1 to undertake and complete the
development and use of property under the terms and conditions of an approved site specific
development plan.
1
1
20

SECTION 4. LOCATIONS AND BOUNDARIES OF DISTRICTS '
The boundaries of such districts as are shown upon the official zoning map attached to this
t
ordinance are hereby adopted. The provisions of this ordinance governing within each type of
district the use of land and buildings, height of buildings, building site areas, sizes of yards around
buildings and other matters as are hereinafter set forth are hereby established and declared to be
,
in effect upon all land included within the boundaries of each and every district as shown upon said
map.
'
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as
shown on the zoning map, the following rules shall apply:
'
-- Where district boundaries are indicated as approximately following
street right-of-way lines, alley lines, platted lot lines or such lines
extended, these lines shall be construed to be such boundaries.
'
-- Boundaries indicated as following shorelines shall be construed to
follow such shorelines, and in the event of change in the shoreline
shall be construed as moving with the actual shoreline; boundaries
'
indicated as approximately following the course of streams, rivers,
canals, or other bodies of water shall be construed to follow the
centerlines of such bodies of water.
'
-- Distances not specifically indicated on the official zoning map shall
be determined by the scale of the map.
'
Where a district boundary divides a lot, the location of such boundary, unless the same is
indicated by dimensions on the zoning map, shall be 150 feet from the nearest street which it
'
parallels. Where a district boundary divides a lot, the zoning of the majority of the lot shall apply
to the entire lot.
In case any further uncertainty exists, the Board of Adjustment shall interpret the intent of
'
the zoning map as to the location of the district boundaries.
21

' SECTION 5.
ESTABLISHMENT OF ZONING DISTRICTS
For the purpose of this ordinance, the Town of Beaufort and its extraterritorial jurisdiction
are divided into the following classes of zones:
R-20
'
R-15
R-10
'
R-10 MH
R-8
R-8A
R-5
R-M F
PUD
Residential Districts
Single -Family Residential District
Single -Family Residential District
One or Two -Family Residential District
Single -Family Residential and Manufactured
Home/Travel Trailer Park District
Medium Density Residential District
Single -Family Medium Density Residential District
Residential Cluster Development District
Multi -Family High Density Residential District
Planned Unit Development
Business Districts
C-D
Central Downtown Business District
t
W C
Waterfront Commercial District
B-1
General Business District
'
B-2
B-3
Highway Business District
Marina Business District
0&1
Office and Institutional
Industrial Districts
L-I
Light Industrial District
'
I-W
Industrial Warehouse District
I-P
Industrial Park
7
Conservation Districts
Open Space District
Historic District
22

5.1 Residential Districts:
'
R-20 Single -Family Residential District. Purpose: The purpose of this district shall be to
maintain a compatible mixture of single-family residential and agricultural uses, a density of two
families per acre in accordance with the North Carolina State Board of Health recommendations
'
for residential areas without public water and sewer, and to prevent the development of blight and
slum conditions.
R-15 Single -Family Residential District. Purpose: The regulations of this district are
intended to insure that residential development not having access to public water supplies or
dependent upon septic tanks for sewage disposal will occur at sufficiently low densities to provide
'
a healthful environment. The R-15 single-family residential district must be provided either
municipal water or sewer.
'
R-10 One or Two -Family Residential District. Purpose: The R-10 residential district is
established to provide a medium density district in which the principal use of land is for one or two-
family dwelling units. The R-10 residential district must be provided with public water or sewer.
'
R-10 MH Single -Family Residential and Manufactured Home/Travel Trailer Park District.
Purpose: The R-10 residential district is established to provide a medium density district in which
the principal use of land is for site -built single-family dwelling units and approved manufactured
'
home parks.
R-8 Medium Density Residential District. Purpose: The R-8 residential district is
,
established as a medium density district in which the principle use of the land is for single-family
dwelling units. The regulations of this district are intended to provide areas of the community for
those persons desiring residences in relatively medium density. No buildings or houses or
'
structures excepting noncommercial docks or piers will be erected on the south side of Front Street
in this district. The R-8 Medium Density Residential District must be provided municipal water and
sewer.
'
R-8A Single -Family Medium Density Residential District. Purpose: The R-8A district single-
family residential district is established to provide a medium density district in which the principal
use of the land is for single-family residences together with customary accessory buildings, docks,
,
or structures. This district is confined to the existing residential portions on the south side of Front
Street.
,
R-5 Residential Cluster Development (RC) District. Purpose: The R-5 Residential Cluster
District is established as a medium to high density district encouraging the practice of residential
cluster development designed to conserve land, create useable open space, reduce building and
'
infrastructure costs, and provide for more attractive and functional communities. The regulations
of this district are designed to provide greater open space and other amenities, while relaxing or
varying lot size, minimum yard and similar regulations that would apply to the traditional zoning
'
district.
R-MF Multi -Family High Density Residential District. Purpose: The R-MF Multi -Family '
Residential District is established to provide a high density district in which the primary uses are
multi -family residences and duplexes. This district must be provided municipal water and sewer.
PUD Planned Unit Development. Purpose: This district is defined as an area characterized '
by an orderly integration of residential, commercial (inclusive of offices and institutions), industrial,
and open space land uses which conform to the design requirements contained herein. ,
23 ,

' 5.2 Business Districts:
C-D Central Downtown Business District. Purpose: The purpose of this district is to allow
land and structures which provide personal services, retailing, and business services of all kinds
to supply the needs of transients and the residents, businesses, and industry of the town's entire
planning jurisdiction. This zone should be limited to the town's central business district.
Downtown Waterfront Historic Commercial, Purpose: The purpose of this district shall be
' to protect the character of the commercial development along the historic waterfront of the town.
B-1 General Business District. Purpose: The B-1 general business district is established
' as the district in which a wide variety of sales and service facilities may be provided to the general
public. This district may be located in appropriate locations throughout the town's planning
jurisdiction.
' B-2 Highway Business District. Purpose: The purpose of this district shall be to provide
for the proper grouping and development of roadside business uses which will best accommodate
the needs of the motoring public and business demanding high volume traffic. This district should
' be located adjacent to major or minor thoroughfares.
B-3 Marina Business District. Purpose: The purpose of this district shall be to protect the
' character of the commercial development along the waterfront of the town.
O-I Office and Institutional District. Purpose: The purpose of the 0&1 district is to provide
' certain land areas with structures that provide office space for professional services and for certain
institutional functions and residential accommodations, usually medium or high density in nature.
The district is normally small and may include older homes undergoing conversion. This district
' is usually situated between business and residential districts, and the regulations are designed to
permit development of the permitted functions and still protect and be compatible with nearby
residential districts.
' 5.3 Industrial Districts:
L-I Light Industrial. Purpose: This district is established to provide for the industries which
' in their normal operations have little or no adverse effect upon adjoining properties and for certain
commercial establishments.
' I-W Industrial Warehouse District. Purpose: This district is established to provide for
industries which generally require specially selected locations in the community. The requirements
herein provide for adequate parking and for screening from adjacent residential districts to insure
' reasonable standards of community safety and acceptability consistent with advanced industrial
practices.
' I-P Industrial Park. Purpose: The purpose of this district is to provide certain lands more
suited for industrial uses than other land uses as a result of proximity to major utility lines and
transportation arteries, but situated where residential or office -institutional development is, or may
' be, in close proximity to one or more sides of the district. The purpose of this district is to permit
selected quality industries in a planned physical setting for manufacturing establishments.
24

5.4 Conservation District:
O-S Open Space District. Purpose: The open space district is established as a district in
which the primary use of the land is predominately reserved for flood control, public recreation,
natural or manmade bodies of water, forests, and other similar open space uses. In promoting the
general purposes of this ordinance, the specific intent of this subsection is:
(a) To protect developers and property owners from investing in improvements which
may be subject to flooding or located on land which is otherwise unsuitable for
urban development due to natural conditions.
(b) To remove the possibility of having to spend public funds to protect threatened
private investments.
(c) To encourage the preservation of and continued use of the land for conservation
purposes.
There shall be no residential structures of any type, i.e., houses, trailers, manufactured
homes, motels, hotels, etc., and there shall be no commercial or industrial uses permitted.
5.5 Historic District:
H Historic District. Purpose: The purpose of the historic district regulations is to promote
the education, culture, and general welfare of the public through the preservation and protection
of historical buildings, places and areas, and to maintain such lands as examples of past
architectural styles. The historic district shall consist of areas which are deemed to be especially
significant in terms of their history, architecture, and/or culture; and possess integrity of design,
setting, materials, feeling, and association.
25

' SECTION 6 APPLICATION OF GENERAL REGULATIONS
6.1 Use
No building or land shall hereafter shall be used or occupied and no building or part thereof
shall be erected, moved or structurally altered except in conformity with the uses and dimensional
regulations of this ordinance, or amendments thereto, for the district in which it is located.
6.2 Only One Main Building, One Main Use on Lot, and Orientation of a Building
' In all districts, unless otherwise permitted, every main building hereafter erected or altered
shall be located on a separate lot, as defined in this ordinance, and in no case shall there be more
than one main building and permitted accessory building on the lot nor more than one (1) main use
' except as otherwise designated (e.g., commercial, industrial or residential) per building and lot;
provided that this requirement shall not apply to manufactured homes or manufactured home parks
where permitted, permitted accessory uses, norto unified developments of planned building groups
' approved by the Board of Commissioners, nor to a bona fide farm use. This ordinance in no way
regulates the orientation of a building.
' 6.3 Minimum Yards
The minimum yards or other open spaces required by this ordinance, including those
provisions regulating intensity of use, for each and every building hereafter erected or structurally
' altered shall not be encroached upon or considered as meeting the yard or open space
requirements or the intensity of use provisions for any other building.
' 6.4 Lot Subdivision
No lot shall hereafter be so reduced in area as to cause any open space required by this
' ordinance to be less in any dimension than is herein required by the minimum yard requirements
of the zone in which the lot in question is situated.
11
6.5 Certificate of Occupancy
No final certificate of occupancy/compliance for a commercial, residential or manufactured
home park will be issued until all required site improvements have been completed.
6.6 Improvements Bond
No final certificate of occupancy/compliance for a commercial, residential, or manufactured
home park planned building group will be issued until all required site improvements have been
completed. In lieu of completion of required site improvements, the developer of the planned group
may enter into a contract with the Town of Beaufort providing for the installation of town
improvements within a designated period of time. Performance of said contract shall be secured
by a cash or surety bond which will cover the total estimated cost of the improvements as
determined by the Public Works Director; provided, however, that said bond may be waived by the
Board of Commissioners within its discretion. Upon provision of a surety bond, or a waiver thereof,
a temporary certificate of occupancy may be issued.
Kul

6.7 Conflict with Other Laws or Covenants
(a) Whenever the regulations made under the authority of this ordinance require a r
greater width or size of yards or courts, or require a lower height of building or less number of
stories, or require a greater percentage of lot to be left unoccupied, or impose higher standards '
than those required in other local ordinances or by statutes which are in force in the town and its
area of jurisdiction, the provisions of the regulations made under authority of this ordinance shall
govern. Whenever the provisions of any other statute or local ordinance or regulation impose '
stricter standards than those required by the regulations made under authority of this ordinance,
the provisions of such statute or local ordinance or regulation shall govern.
(b) Nothing in this ordinance shall modify or repeal any deed restriction on land within '
the area of jurisdiction of this ordinance, but no such deed restriction shall constitute a basis for
failing to comply with the ordinance.
6.8 Bona Fide Farm Exemption ,
This ordinance shall in no way regulate, restrict, prohibit or otherwise deter any bona fide '
farm and its related uses within the extraterritorial jurisdiction; except that in case of conversion of
such uses to nonagricultural or nonfarm purposes, a zoning certificate shall be procured, and the
new use must comply with all regulations for the district in which it is situated. Within the corporate '
limits, vegetative crop production shall be exempt from the provisions of this ordinance. Intensive
livestock operations as defined by this ordinance are not considered bona fide farms.
r
27 '

SECTION 7. DISTRICT REGULATIONS
' 7.1 Table of Permitted Uses
' Districts in which particular uses are permitted as a use by right are indicated by "P."
Districts in which particular uses are permitted as a special use upon approval of the Board
of Commissioners are indicated by "S." See the Table of Permitted Uses for details of each
conditional use.
' Districts in which particular uses are prohibited are indicated by a blank. Any use that is not
listed in the Table of Permitted Uses is prohibited.
28

TABLE OF PERMITTED USES
Use
R-20
R-15
R-10
R-10
MH
R-8
R-8A
R-5
R-MF
PUD
(See
Note
1
C-D
W-C
B-1
B-2
B-3
0&1
L-1
I-W
I-P
(See
Note
2)
O-S
Accessory building or structure
P
P
P
P
P
P
P
P
P
P
P
P
Accessory Use (incidental to permitted
use) (See Note 3)
P
P
Adult Establishment (See Note 4)
S
Advertising Agency
P
P
P
Alcohol beverage packaged, retail sales
P
P
Amusements, commercial, including
bowling lanes, indoor theatres, dance hall,
billiard parlors, and stores of similar nature
P
P
P
P
Animal hospital or veterinary clinic, but not
open kennels on the premises
P
P
S
Animal hospital or veterinary clinic
P
P
Art gallery
P
P
P
P
Art museum
P
P
P
P
Artist, commercial
P
P
P
P
P
Assembly hall, coliseum, gymnasium, and
similar structure
S
Assisted Living Facility
P
P
Associations or organizations; civic, social,
and fraternal
P
P
Automobile off-street parking
S
S
S
S
S
P
P
S
S
P
P
P
Automobile repair and paint shop
P
P
P
Automobile sale and service
P
P
P
P
Automobile service station (manned and
unmanned) (See Note 5)
P
P
Automobile washing establishment
P
P
P
Automobile wrecking yard and similar
types of used material industries (see Note
6)
P
Bait and tackle shop
S
P
P
P
P
P=Use Permitted by Right.
S = Special Use.
Blank or Unlisted Activity = Prohibited Use.
29

Use
R-20
R-15
R-10
R-10
MH
R-8
R-8A
R-5
R-MF
PUD
(See
Note
1
C-D
W-C
B-1
B-2
B-3
0811
L-1
I W
1-P
(See
Note
2
O-S
Bakeries and other establishments
manufacturing prepared foods and
miscellaneous food products
P
P
P
P
P
Banks and offices including loan agencies,
professional offices, business offices, and
facilities of a similar nature
P
P
P
P
P
P
P
P
Barber or beauty college instruction
P
P
Barbering or beauty salon
P
P
P
P
P
Bathing beach and bathhouse
P
P
Bed 8, Breakfast
P
P
S
Bedding, carpet and pillow manufacturing,
cleaning and renovating
P
Bicycle sale and repair
P
P
P
Billiard or pool hall
P
P
P
Boat dock, commercial
P
P
P
Boat repair facility
P
P
Boat sales establishment
P
P
P
Boat service area
P
P
Boat storage and boat construction yard
P
Boathouse
P
P
Bookbinding
P
Books and printed matter
P
P
P
P
P
P
Bottling plant
P
Bowling alley
P
P
S
Brick, tile, and terracotta manufacturing
P
Building supply and a 21pment sales
P
P
P
Bulk storage of oil, liquid petroleum,
gasoline, natural gas, or other flammable
materials. (See Note 7)
P
Bus repair and storage terminals
P
P=Use Permitted by Right.
g S e is11 Use
Blank or' n7iisted Activity = Prohibited Use.
30

Use
R-20
R-15
R-10
R-10
R-8
R-8A
R-5
R-MF
PUD
C-D
W-C
B-1
B-2
B-3
0&1
L-I
I-W
1-P
O-S
MH
(See
Note
(See
Note
2)
Bus terminal
P
Business colleges, barber and beauty
P
P
P
schools, art schools, music schools,
vocational trade schools, and similar
organizations
Cabinet and woodworking shop
P
P
P
Cemetery
S
S
S
Church
P
P
P
P ..
P
P
P
P
P
P
P
P
Clinic
P
P
P
Clothing manufacturing
P
P
Clothing stores and dry goods, including
P
P
P
P
P
shoe store, men's shop, women's shops,
variety stores, and stores of a similar
nature
Club or lodge, private
P
P
P
P
P
P
Cold storage and freezer locker
P
P
P
P
Commercial charter or sightseeing
P
P
P
watercraft facilities
Commercial structure with owner or tenant
P
P
P
P
P
P
P
of owner in residence
Condominium, townhouse
P
F
P
Contractor, General (excluding outside
S
P
P
P
P
P
P
P
P
P
storage of equipment or supplies) (see
10.3.15
Contractor's plant or storage yard
P
P
Copy and duplicating service
P
P
P
P
P
Craft shops including gift shops which
P
P
P
P
P
P
produce goods for special orders and/or
for sale in specialty shops.
Credit agency (excluding conventional
P
P
P
bank
P=Use Permitted by Right.
S = Special Use
Blank or Unlisted Activity = Prohibited Use.

Use
R-20
R-15
R-10
R-10
MH
R-8
R-8A
R-5
R-MF
PUD
(See
Note
1)
C-D
W-C
B-1
B-2
B-3
0&1
L-I
I-W
I-P
(see
Note
2
O-S
Cultural facilities Including art galleries,
museums, legitimate theatres, library, and
other facilities of a similar nature
P
P
P
P
Dairy bars and ice cream manufacturers
for retail sales on the premises only
P
P
P
P
P
P
Dance hall/disco
P
Dance studio and school
P
Day care center (adult and child)
P
Day care center (including kindergarten)
S
S
S
S
S
S
S
Drug store
P
P
P
P
Orycleaning and laundry establishment
S
P
P
P
P
Duplexes
P
P
P
Dwelling, multi -family
P
Dwelling, single-family
P
P
P
P
P
P
P
P
P
Dwelling, two-family
S
S
P
1
P
Electrical appliances, sales and repair, but
excluding open storage
P
P
P
P
P
Employees service (not designed for or
available to public customers)
P
P
Employment agency
P
P
P
Engineering; architectural and survey
offices (see 10.3.15)
S
P
P
P
P
P
P
P
Exhibition building, gallery, or show room
P
P
P
P
Fabricating shops of small size such as
sheet metal works, woodworking shops,
cabinet shops, and upholstery shops,
providing the majority of their products are
sold at retail on the premises only
S
P
P
P
Farm machinery assembly, repair, and
sales
S
P
P=Use Permitted by Right.
S = Special Use
Blank or Unlisted Activity = Prohibited Use. 32
M M M M M M M M M i M M M M M M M M M

Use
R-20
R-15
R-10
R-10
R-8
R-8A
R-5
R-MF
PUD
C-D
W-C
B-1
B-2
B-3
0&1
L-I
I W
I-P
O-S
MH
(See
(See
Note
Note
1
2
Farmer's Market
P
P
Fences (see Notes 3 and 8)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Fill (earth elevation)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Fire or police station
S
S
S
S
P
P
P
P
P
P
P
P
Fish hatchery
P
S
P
P
Fishing pier
P
P
Florist shop
P
P
P
Food and drug stores, including meat
P
P
P
P
market, bakery products, dairy products,
confectionery shops, liquor stores, and
stores of a similar nature.
Food processing in wholesale quantity
P
Food store, retail only
P
P
P
P
Foundries producing iron and steel
P
products
Funeral home or mortuary
P
S
Furniture manufacturing plant
P
P
Gift shop
P
P
P
P
P
Golf or baseball driving ranges, miniature
P
P
golf courses, and other similar recreational
facilities
Greenhouse or horticultural nursery
P
P
P
Greenhouses and gardens which are
P
P
P
incidental to the residential use and
conducted on a nonprofit basis only
Grocery store
P
P
P
P
P
Grounds and facilities for recreational and
P
P
P
S
S
P
P
community center buildings, country clubs,
lakes, parks, and similar facilities operated
on a nonprofit basis
Group home and family care home
P
P
P=Use Permitted by Right.
g = S cial Use
Blank OT Misted Activity = Prohibited Use.
33

Use
R-20
R-15
R-10
R-10
MH
R-8
R-8A
R-5
R-MF
PUD
(See
Note
i
C-D
W-C
B-1
B-2
B-3
0&1
L-I
1-W
I-P
(See
Note
2
O-S
Hardware stores
p
p
p
p
Health services, doctors offices and clinics
p
p
p
p
p
Home Care Unit
S
I S
S
S
Home furnishings and hardware including
appliance store, hardware store, sporting
goods store, furniture store, and stores of
a similar nature
p
p
p
p
p
p
Home occupations (See Note 9)
P
P
P
P
P
P
P
P
P
P
Hospital, nursing, or care homes provided
the requirements of Section 9 are met
p
p
Hotel, motel, and inn
P
P
P
S
P
S
P
Icepick-up station
P
P
P
Ice plant
p
P
Industrial equipment machinery repair and
servicing
p
p
Industrial operations (except the uses
listed in Note 10)
p
p
Industrial park
S
Industrial research and educational facility
S
p
Instruments manufacturing for
professional, scientific control,
photography, optical, and similar uses
p
p
Insurance agency (see 10.3.15)
S
p
p
p
p
p
p
Interior design or decorator shop
p
p
P
p
Jewely sale and repair
p
p
p
p
Labor union
p
Laboratories (analytical, experimental,
testing, research and development)
S
P
P
P
Law office (see 10.3.15)
S
P
P
p
p
p
p
Leather products manufacturing
p
Libraries museums and art galleries
p
p
p
p
p
p
P=Use Permitted by Right.
S = Special Use
Blank or Unlisted Activity = Prohibited Use. 34

Use
R-20
R-15
R-10
R-10
MH
R-8
R-8A
R-5
R-MF
PUD
(See
Note
1)
C-D
W-C
B-1
B-2
B-3
0&1
L-1
1-W
I-P
(See
Note
2
O-S
Lock and gunsmiths
P
Luggage manufacturing
P
Lumber yards, building material, storage
and sales
P
P
Machine shops, when operated in
conjunction with and incidental to a
primary use authorized by this section
P
P
P
Manufactured home park (See Note 11)
P
Manufactured structure (individual for
office and/or exhibition, twelve (12) months
or less)
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
Manufacturing of foods, cosmetics, or
pharmaceutical goods
P
P
Manufacturing of cement
P
P
Marina
P
P
Marine equipment store
P
P
P
P
Marine oriented club
P
p
Marine supply and service facility
P
P
P
P
Meat packing plant
p
Medical and dental clinics and laboratories
P
P
P
Menhaden fish scrap and oil processing
P
Municipal, county, state, and federal
governmental town halls, police stations,
fire stations, museums, post offices, office
buildings, libraries, governmental offices;
and related types of uses
S
S
S
S
P
P
P
P
P
P
P
P
Nature preserve
P
Newspaper offices and printing plants
incidental to such offices
P
P
p
Newsstand
p
P
P
P
P=Use Permitted by Right.
S = Special Use
Blank or Unlisted Activity = Prohibited Use.
35

Use
R-20
R-15
R-10
R-10
R-8
R-BA
R-5
R-MF
PUD
C-D
W-C
B-1
B-2
B-3
0&1
L-1
I W
I-P
O-S
MH
(See
(See
Note
Note
1
2
Nursing home, rest home, assisted living
S
S
S
S
facility, and home for the aged
Office equipment and supplies, sales and
P
P
P
P
P
P
P
P
service
Office use (with no on -premises stock of
P
P
goods for sale to the general public)
Offices, business, professional and public
S
P
P
P
P
P
P
P
P
(see 10.3.15)
Offices, medical, dental, and other
S
P
P
P
P
P
P
professional offices (see 10.3.15)
Open space land
P
Opticians and optical supplies sales
P
P
P
P
P
P
Patio home
P
P
Pawn shop
P
Personal service shops including
P
P
P
P
P
barbershop, beauty shop, shoe repair,
drycleaning and laundromats, watch
repair, and services of a similar nature
Photographic studio and camera supply
P
P
P
P
store
Planned unit development
P
Plastics manufacturing
P
Plumbing shop and storage yard
P
P
P
Post office
S
P
P
P
Pottery, porcelain, and vitreous china
P
manufacture
Printing, publishing, and reproduction
P
P
P
P
P
establishment
Private recreation club or swimming club
S
S
S
S
S
S
S
S
S
S
(activities not operated as a business for
profit)'
P=Use Permitted by Right.
S = Special Use
Blank or Unlisted Activity = Prohibited Use.
r M M M M
36

Use
R-20
R-15
R-10
R-10
R-8
R-8A
R-5
R-MF
PUD
C-D
W-C
B-1
B-2
B-3
O&I
L-1
I-W
1-P
O-S
MH
(See
Note
i
(See
Note
2
Public parks and picnic areas
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Public recreation
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Public utility distribution lines, transformer
P
P
P
P
S
P
P
P
S
P
P
P
P
stations, transmission lines and towers,
water tanks, but not service or storage
yards
Pumps, electric substations, and kindred
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
devices
Radio and television stations, studios and
P
P
P
P
offices
Radio or television transmitter
S
S
S
(commercial)
Real estate and appraisers office
S
P
P
P
P
P
P
Recreational vehicles for human
occupancy (See Note 12)
Rehabilitation facility
S
S
Restaurants excluding drive-in restaurants
P
P
P
P
P
P
Restaurants Including drive-in restaurants
P
P
Retail establishments such as department,
P
P
P
P
P
clothing, variety, drug, furniture, notion,
hardware, appliance, music, art, antique,
gift, sporting goods, toy, hobby, book, and
stationary stores
Retail fish establishments, wholesale
P
P
P
Riding stables
P
P
Schools, public and private
S
S
S
S
S
S
P
P
P
S
P
Schools, trade, vocational, or technical
P
P
P
Security and commodity brokerages
P
P
I P
P I
P
P
P=Use Permitted by Right.
S = Special Use
Blank or Unlisted Activity = Prohibited Use.
37

Use
R-20
R-15
R-10
R-10
MH
R-8
R-8A
R-5
R-MF
PUD
(See
Note
1
C-D
W-C
B-1
B-2
B-3
0&1
L-1
I-W
I-P
(See
Note
2
O-S
Service or filling stations but not including
major repair work
P
P
P
P
Service or filling stations provided that
gasoline pumps or other appliances shall
be located at least 12 feet behind the
property line, and all service, storage or
similar activities connected with such use
shall be conducted entirely within the
premises.
P
P
P
Shi 's chandlery
P
P
P
P
Shoe repair shop
P
P
P
Sign painting, exclusive of manufacturing
P
P
P
Signs, including billboards
P
Single-family manufactured home
P
P
Skating rink, permanent
P
P
Social services, not elsewhere classified
(as permitted by sign regulations)
P
P
Soil conservation district
P
Spas and health club
P
P
P
Specialty shops including gift shops,
florist, hobby shops, camera shops, book
stores, and stores of a similar nature
P
P
P
P
P
Tailoring and dressmaking shop
P
P
P
Tavern
P
P
P
P
Taxicab office or stand
P
P
Taxicab stand
P
P
Teaching of art, dance, dramatics, or other
fine arts
P
Telecommunication tower
S
S
S
S
S
gP=Ugs�e Permitted by Right.
BlanKor (mist d Activity = Prohibited Use. 38

Use
R-20
R-15
R-10
R-10
R-8
R-8A
R-5
R-MF
PUD
C-D
W-C
B-1
B-2
B-3
0&1
L-1
I-W
I-P
O-S
MH
(See
(See
Note
Note
1
2
Telegraph or messenger service office
P
Telephone exchange operation
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
Temporary construction building (twelve
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
(12) months or less)
Textile manufacturing
P
Theatres, house in a permanent indoor
P
P
P
structure
Tire recapping and retreading
P
P
Tobacco processing and storage
P
Tourist home
P
P
Trailer sales areas
P
P
P
Trails
P
P
Travel agencies (see 10.3.15)
S
P
P
P
P
P
Travel Trailer Park
S
Trucking terminals
P
Upholstery establishments
P
P
P
Venetian blind manufacture, contractor
P
P
P
and cleaning shops
Wholesale fish Establishments
P
Wholesale and retail storage, sales, and
S
P
distribution of gasoline, liquified petroleum
gas, and related petroleum products,
provided that all of the safety requirements
as set out in the Fire Prevention Code of
the National Board of Fire Underwriters are
satisfied.
Wholesale and warehouse establishments
P
P
P
except for the storage of uncured hides,
explosives, oil products, gas storage, etc.
Wholesale storage of gasoline or bulk
P
terminal plants for any highly explosive or
inflammable gasses or liquids
P=Use Permitted by Right.
S = S ecial Use
Blank a Misted Activity = Prohibited Use.
39

THIS PAGE LEFT BLANK INTENTIONALLY
NO DATA IS MISSING
40

7.2 Notes to the Table of Permitted Uses
Note 1. Land Use Within the Planned Unit Development. All uses listed in the table of '
permitted uses as a use -by -right in the PUD district shall be specified to be developed on certain
sites within the PUD district at the time of the approval of the preliminary plan. Commercial
activities shall be situated only in a B-1 designed planned building group. '
Note 2. Industrial Park. All uses in I-P district must be approved as a special use. See
Section 10. '
Note 3. Accessory Uses. In 0&1 and B-1 districts, there shall be no open storage as an
accessory use. In the I-P district, open storage as an accessory shall be permitted, provided it is '
enclosed by an opaque fence not less than six (6) feet in height. No permanent residential
occupancy shall be allowed as an accessory use in R-20, R-15, R-10, R-8, R-8A, R-5 or 0-1
districts. An accessory use in C-D, B-1, B-2, L-1, L-W, or I-P districts shall not include the '
residential occupancy of an accessory building except by employees employed on the premises
and the immediate family of such employees. Noncommercial and agricultural uses and gardens
are allowed in all districts. '
Note 4. Adult Establishments. Adult Establishments include Adult Arcade, Adult
Bookstore, Adult Cabaret, Adult Motion Picture Theater, Adult Theater, Massage Parlor, Sexual '
Encounter Establishment, and Specified Sexual Activities as defined by this Ordinance.
Note 5. Automobile Service Station. Automobile service stations shall be a permitted
use in B-1, B-2, and PUD districts provided the following conditions are met: '
(a) The service station is contained in a structure limited in size to two (2) single -car
service bays, office, restroom, and storage. '
(b) The service station is limited in function to dispensing gasoline, oil, grease,
antifreeze, tires, batteries, and automobile accessories directly related to motor ,
vehicles; to washing, polishing, and servicing motor vehicles, only to the extent of
installation of the above -mentioned items; and to selling at retail the items
customarily sold by service stations. '
(c) The service station shall not overhaul motors, provide upholstery work, auto glass
work, painting, welding, bodywork, tire recapping, or auto dismantling. '
(d) The service station shall not rent or sell motor vehicles, trailers, or major
replacement parts. '
(e) The service station shall provide a screen planting and/or fence along the property
lines that abut residential properties. Lighting facilities shall be arranged and of '
such nature that nearby residential properties are not disturbed. Service stations
shall not begin operation prior to 6:00 a.m.
(f) Service stations shall extinguish all floodlights at the close of daily operation, or '
11:00 p.m., whichever is earlier.
Automobile service stations located within the town shall have no gasoline or oil pump '
41 '

' located within twelve (12) feet of any street right-of-way. Outside the town, no such pump shall be
located within fifteen (15) feet of any street right-of-way line.
' Note 6. Automobile Wrecking Yards. Automobile wrecking yard shall be conducted within
a structure or on a lot enclosed by a solid fence at least six feet in height, provided such fence shall
1 not be less than (forty) 40 feet from any street right-of-way line and provided further that the board
of adjustment finds that such a wrecking yard or industry will not have an injurious effect on the
public interest or welfare.
' Note 7. Storage of Flammables. The storage of flammables shall not be permitted
g g p muted or
considered a use -by -right except when such authorization for said use is given, stating compliance
' with the provisions contained in the 1994 Standard Fire Prevention Code, with North Carolina
amendments, and as subsequently adopted by the Board of Commissioners, by the fire inspector
of the Town of Beaufort for those properties within the town or those under contract for fire
protection services with the Town of Beaufort, or by the respective county fire inspector relative to
other properties in the extraterritorial jurisdiction of the town.
' Note 8. Fences. Unless otherwise specified, metal fences shall not exceed four (4) feet
in height and have a mesh smaller than five (5) inches. Wooden or other privacy fences may not
exceed six (6) feet in height. All fences in the Historic District must have approval from the
' Beaufort. Historic Preservation Commission.
Note 9. Home Occupations. Home occupations are permitted only as an incidental use
' and are limited to the following:
(a) The use of the dwelling unit for the home occupation shall be clearly incidental and
' subordinate to the residential use of a dwelling unit, and not more than twenty-five
(25) percent of the floor area of a dwelling unit shall be used in the conducting of
home occupations;
'
(b) The home occupation shall be carried on within a dwelling unit, by one or more
occupants of such dwelling unit, except that, in connection with the practice of a
'
profession, one person not residing in such dwelling unit may be employed;
(c) There shall be no change in the outside appearance of the building;
'
(d) No traffic shall be generated by such home occupation in greater volumes than
would normally be expected in a residential neighborhood. Any need for parking
generated by the conducting of such home occupation shall be met by providing
such space in the rear yard;
(e) No equipment or process shall be used in such home occupation which creates
' noise, vibration, fumes, odors, or which causes electrical interference in radio and
television reception
' (f) There shall be no exterior displays, or a display of goods visible from the outside;
(g) A home occupation may include the accommodation of no more than two (2)
' roomers nor provision of board to more than four (4) boarders;
' 42

(h) There shall be no selling of articles produced elsewhere than on the premises; '
(i) There shall be no storing of materials or products outside of a principal or accessory
building or other structure;
(j) There may be a maximum of one (1) sign used on the premises to identify the home
occupation. This sign may be a maximum of two (2) square feet of an unilluminated
nature and mounted flat against the principal building.
Note 10. Industrial Operations. The manufacturing, processing, fabrication, and/or bulk
storage of acetylene gas (except for use on premises) ammunition, explosives, fireworks,
gunpowder, jute, or matches.
Note 11. Manufactured Home Park. All manufactured home parks existing on the
effective date of this ordinance are required to comply with all applicable procedures and
requirements of this ordinance. Any manufactured home park failing to comply with the applicable
provisions of this ordinance is hereby declared to be a nonconforming use of land. All
manufactured home parks shall continuously comply with the general requirements of this
ordinance.
Note 12. Recreational Vehicles. Recreational vehicles occupied for human habitation
must be located in an approved manufactured home park, or Travel Trailer Park. Recreational
Vehicles which are not occupied may be stored at any location, provided that such storage is not
relating to manufactured home sales, and further provided that such storage is not upon the right-
of-way of any public street or public land.
43

ORCTIM MLE MRE�ARM%,D Fi GHT%%UI NAj1ee Dies I anT2)
Minimum Lot Size
Minimum Lot Area (sq.ft.)
Minimum Yards (ft.)
Maximum Bldg. Height (ft.)
District and Use
(see Note 3)
Minimum Lot Width (ft.)
(see Notes 4 and 6)
(see Note 5)
Front Rear Side
R-20 Single -Family Residential
20,000
100
30
25
15
35
R-15 Single -Family Residential
15,000
80
20
25
10
35
R-10 Single -Family Residential
10,000 + 3,000 for each duplex
80
20
30
10
35
R-10 MH Single -Family
Residential and Manufactured
HomefTravel Trailer Park
R-8 Medium Density Residential
8,000 + 3,000 for each duplex
60
25
30
8
35
R-8A Single -Family Medium
8,000
60
25
15
8
35
Density Residential
R-5 Residential Cluster
Development
R-MF Multi -Family High Density
2,750 sq. ft. per dwelling unit
80
25
30
8
35
Residential
C-D Central Downtown Business
3.000
0
25
30
8
35
(see Note 7)
W-C Waterfront Commercial
3,000
60
35
15
15
35
B-1 General Business
5,000
60
30
15
15
35
B-2 Highway Business
6.000
60
35
15
15
35,
B-3 Marina Business
6,000
60
35
15
15
35
L-I Light Industrial
8,000
80
20
20
10
35
I-W Industrial Warehouse
8,000
80
20
20
12
35
O-S Open Space
H Historic
I-P Industrial Park
0&1 Office and Institutional
Residential Use
Single -Family
8.000
60
25
30
8
35
Two -Family
11,000
60
25
30
8
35
Multi -Family
8,000 for the first dwelling unit and 3,000
100
25
30
8
35
for each additional dwelling unit
Office and Institutional Use 8.000 60 25 20 8 35
44

8.1 Notes to the Table of Area. Yard and Height Requirements '
Note 1. Special Use Requirements Take Precedence. Area, yard and height '
requirements as specified in the issuance of a special use permit shall take precedence over area,
yard and height requirements as set forth in the Table of Area, Yard and Height Requirements.
Note 2. Variance for Prior Lots of Record. In any district in which single-family dwellings ,
are permitted, a single-family dwelling and customary accessory buildings may be erected on any
single lot of record at the effective date of adoption or amendment of this ordinance. This provision '
shall apply even though such lot fails to meet the requirements for area or width, or both, that are
generally applicable in the district. Variances of yard requirements, however, shall be obtained only
through action of the Board of Adjustment. '
Note 3. Additional Land Requirements.
(a) Corner Lots. The set back requirements for the street side yard shall be the same as ,
the front yard requirement for the district in which the lot is located.
On a corner lot in any district nothing shall be erected, planted, placed, or allowed to grow ,
in such manner as to materially impair vision between a height of two and one-half (2 1/2) and ten
(10) feet above the center line grades of the intersecting streets in the area bounded by the street ,
lines of such corner lots and a line joining points along said street lines fifty (50) feet from the point
of the intersection.
(b) Single-family dwellings. All lot and yard requirements must comply with the abutting '
residential district. If a residential district does not abut, then the lot and yard requirements of
Section 8 shall be applicable.
(c) Miscellaneous Exceptions. Carports may encroach by seventy-five (75) percent into ,
any yard area other than a right-of-way yard setback. Carports must have at least two sides left
open. Storage areas may be constructed across the rear of a carport left open on two sides. Such '
storage area shall not contain more than seventy-two (72) square feet nor constitute more than
eighteen percent (18%) of the area contained in the carport, whichever is less. Walls, planters,
shrubbery, or other obstructions are permitted as a part of the carport as long as they do not I
exceed three feet in height.
Certain architectural features, fences, walls, and hedges may project into required yards I
as follows:
-- Cornices, eaves, and sills -- not more than two (2) feet into any required yard.
'
-- Balconies, bay windows, and chimneys =- not more than three (3) feet into any
required yard.
'
-- Covered patios, decks, and porches -- shall not project into required side yards.
-- Uncovered patios, decks, and porches -- in rear and side yards, provided they
,
extend no more than three (3) feet into any required side yard.
-- Uncovered stoops — not more than three (3) feet into front yards.
'
45 1

' -- Planted buffer strips, hedges, fences, or walls -- not exceeding four (4) feet shall be
exempt from the yard and building setback line requirements of this ordinance.
' Planted buffers, hedges, fences, or walls not exceeding a height of six (6) feet to be
erected in side and rear yards shall be exempt from the yard and building setback
requirements of this ordinance. However, in all cases, the corner lot visibility
' provisions as specified in part (a), above shall be observed.
When the adjacent lots of record are under single control by a lease agreement or
' combination of ownership and lease agreement, temporary structures such as manufactured
homes, manufactured offices, utility buildings, accessory buildings, etc., may extend across any
common lot line(s) of the adjacent lots of record under such lease agreement. The location of such
t structures shall not conflict with any off-street parking requirements, on -site traffic circulation or
other applicable regulatory codes. Upon the expiration of the lease agreement, such structures
must be moved to conform with the standard side or rear yard setback of the district within sixty
' (60) days of the expiration of the lease agreement.
(d) Retaining Walls. The setback and yard requirements of this ordinance shall not apply
' to a retaining wall not more than five (5) feet high, as measured from the lowest ground elevation
to the top of the wall. The Board of Adjustment may permit a retaining wall greater than five foot
height where it finds that due to the topography of the lot, such a wall is necessary.
(e) Fences and Walls. In residential zones, inclusive of the 0-1 zone, fences and walls not
over four (4) feet high may project into or may enclose any front yard; however, no fence may be
' constructed on or in a public street right-of-way or easement. Side and rear yards may be
enclosed by fences or walls six (6) feet six (6) inches high. In no case in a residential zone shall
a fence or wall over four (4) feet high be extended closer to the street right-of-way line or
' easement, which parallels the front property line, than the front corner of the main building situated
on the lot or twenty-five (25) feet from said street right-of-way or easement, whichever is greater.
Barbed wire or concertina wire shall not be permitted within residential districts.
Only conforming industrial and business land uses (with the exception of an 0&1 zone) may
have a solid or open fence or wall erected to a maximum height of ten (10) feet except as required
' by this ordinance. An open fence or wall is one that has openings through which clear vision is
possible from one side to the other on a horizontal plane, and such openings occupy fifty (50)
percent or more of the area of the fence or wall. A fence or wall that does not qualify as an open
fence or open wall shall maintain a setback at entrances and exits of the site to provide an
' adequate sight distance easement as determined by the establishment of an isosceles triangle
having legs of thirty-five (35) feet in length on each corner side of said entrance or exit, and the
' same sight distance easement shall be applied to the corner of nonresidential lots which are
characterized by a street intersection.
(f) Open Storage. Any open storage not enclosed within the confines of a building, such
' as boxes, crates, trash piles, machinery and merchandise with open display that results from the
commercial operation it is part of, shall be enclosed or hidden from view along any property lines
adjacent to or in a residential zone by a wall, fence and/or screening in a manner acceptable to the
' supervisor of inspection services or his authorized agent. This provision shall apply in any
commercial or industrial use adjacent to or in a residential zone, and all properties affected by this
provision shall comply within three (3) years after September 8. 1998
' (g) Canopies. Any nonresidential land use that incorporates a canopy which is totally or
1
46

partially supported by a structural pillar (upright support), such as, but not limited to, canopies over '
gasoline pumps, said canopy may extend to the street right-of-way line, or property line of a
nonresidentially used orzoned property if no street right-of-way line is involved, provided that such ,
pillar is located at least ten (10) feet from a property line and the canopy is open on all four (4)
sides. Any side of a canopy may be enclosed provided that side meets the required yard setbacks.
Note 4. Zero Lot Line. One (1) of the two (2) side yards required for single-family dwelling
units may be eliminated in the PUD, O&I, R-20, R-15, R-8, and R-8A zones, provided that:
(a) The zero lot line provision shall be allowed in only subdivisions that are designated as '
zero lot line subdivisions by the Planning Board. The zero lot line provision may be applied only
in subdivisions of land that have not been previously placed on record. '
(b) All subdivisions in which the zero lot line provision is utilized shall have written on
both the construction and final plats the following words in letters at least one-half (1/2).inch high: '
ZERO LOT LINE PROVISION TO BE UTILIZED IN THIS SUBDIVISION.
(c) All lot lines which are to be designated as zero lot lines must be clearly labeled as ,
zero lot lines on both the construction and final subdivision plats approved by the Town of Beaufort.
(d) Two (2) single-family dwelling units (duplex) situated on separate lots of record may
abut a common lot line and share a common structural wall. '
(e) All lots employing the zero lot line provision must provide for a side yard opposite
the designated zero'lot line which is at least twice the required minimum of one side yard of the ,
zone in effect.
(f) When a single-family dwelling unit abuts a zero lot line and does not share a ,
common structural wall with another single-family dwelling unit, a five (5) foot maintenance
easement contiguous to the zero lot line wall on the adjoining lot shall be reserved and shown on
both the preliminary and final plats approved by the Town of Beaufort. '
(g) A two (2) foot eave protrusion shall be permitted across the zero lot line into the
adjoining lot when two (2) single-family dwelling units do not share a common structural wall. '
(h) Any dwelling unit wall abutting a zero lot line shall be a structural wall. No porches,
open or enclosed by transparent or translucent walls, shall be permitted to be constructed in the I
wall adjacent to the zero lot line.
(i) These requirements under the zero lot line provision are not applicable to attached ,
dwelling units for individual ownership located on lots having less than sixty (60) feet of street
frontage.
0) Under no circumstances shall two (2) unattached dwelling units utilize the zero lot ,
line provision on a common lot line.
(k) In locations where a subdivision proposes to employ the zero lot line concept and '
said subdivision is adjacent to an existing recorded single-family subdivision not utilizing the zero
lot line concept, developed or undeveloped, the Planning Board may require one (1) tier of lots not
employing the zero lot line concept to be developed around the perimeter or portion thereof of the '
subdivision in which the zero lot line concept is to be employed.
47 1

I
Note 5. Height Restrictions Modifications.
Chimneys, belfries, conveyors, cupolas, derricks, domes, gasholders, fire towers, flagpoles,
' flues, monuments, smokestacks, transmission towers, ventilators, water towers, tanks, radio
towers, poles, antennae, wires and similar structures may be erected to any height in accordance
with existing or hereafter adopted ordinances of the Town of Beaufort, provided the foundation guy
wires, support or anchorage of the structure is constructed in an acceptable method and approved
by the supervisor of inspection services or his authorized agents. In locations where Federal
Aviation Agency (FAA) or military flight regulations are applicable, such structures shall comply with
' FAA and/or military requirements. The provisions of this table of area, yard and height
requirements of this ordinance do not apply to the items specified in this paragraph.
' Note 6. Front Yard Setbacks for Prior Lots of Record. If a vacant lot is adjacent to a
lot where an existing dwelling is located which is constructed less than the required minimum front
yard setback, the required minimum front yard setback for the vacant lot shall not be less than the
' existing front yard setback for the adjacent dwelling. In cases where existing dwellings are located
on both sides of the vacant lot, and each is constructed less than the required minimum front yard
setback, the required minimum front yard setback for the vacant lot shall not be less than the
' average of the two (2) existing dwellings.
Note 7. Setbacks. Where abutting commercial structures share a common party wall that
' meets the requirements of the State building codes, no side or rear setback whichever is applicable
is required.
1
48

SECTION 9. PLANNED BUILDING GROUP REGULATIONS
Planned building groups must be approved by the Beaufort Planning Board unless
otherwise specified. Planned building groups shall be submitted to the secretary of the Planning ,
Board at least twenty-one (21) days prior to the regular Planning Board meeting at which it is to be
reviewed. Approval of the planned building group shall be valid for a period of two (2) years from
the date of approval. All construction specifications as noted and approved with the planned
building group shall be applied to any construction conducted in the planned building group during '
the same two-year period of time.
Upon the expiration of that two (2) year period of validity, a revised planned building group
'
must be submitted in the same manner as the initial planned building group for reapproval by the
Planning Board. Design changes or construction specifications revisions may be invoked in the
reapproval of the planned building group. A substantial improvement installed as a part of the
,
previously approved planned building group shall be incorporated in the revised plan.
9.1 Planned Building Group Regulations for Apartments and Condominiums
,
9.1.1 Minimum Lot Area: See Section 8, Table of Yard, Area and Height Regulations.
'
9.1.2 Parking: As specified in Section 11 of this ordinance.
9.1.3 Recreation Area: Play areas shall.be provided for all apartments and condominium
planned building groups with over five dwelling units. A minimum play area of 2,000 square
feet having a minimum width of forty (40) feet or a minimum radius of twenty-six (26) feet
shall be provided for the first six (6) to twenty-five (25) dwelling units. For each dwelling unit
'
over twenty-five (25) in number, an additional fifty-six (56) feet per dwelling unit shall be
provided. The spatial distribution and number of individual play areas within the planned
building group shall be determined by the Planning Board on the basis of the spatial
,
arrangement of the dwelling units, topography, and other physical features. Swimming
pools and their accessory areas shall not constitute any part of the open space
requirements. No part of the required plan area shall be used for any other purpose.
'
9.1.4 Timing: Proposed schedule of development, including stages likely to be followed.
9.1.5 Other Details:
'
(a) Proposed provision for storm drainage and sanitary sewerage, approved by the
town engineer.
(b) Size and proposed location of any signs.
,
(c) Proposed solid waste storage facilities.
(d) Proposed water system and fire fighting facilities such as hydrants or sprinkler
connections.
'
(e) Types of surfacing, slope, grade and cross-section of drives, sidewalks, malls, etc.
(f ) The location and heights of all fences, walls, and hedges shall be shown.
(g) Profiles of publicly maintained water and sewer lines.
'
(h) Profiles, cross -sections and slopes of on -site and off -site ditches carrying water
runoff.
'
50

(1) Erosion and sedimentation control plan.
0) Lighting plan inclusive of wattage and illumination.
' (k) Installation of approved curb and gutter shall be mandatory.
(1) Depict traffic control devices.
(m) All plans and construction details must meet the current specifications of the Town
' of Beaufort.
(n) Location and amount of recreation areas.
' 9.1.6 Placement of Buildings:
(a) There shall be maintained at least twenty (20) linear feet of open space between individual
and unattached buildings in a residential planned building group.
' (b) Any group of buildings forming a courtyard shall have at least twenty-five (25) percent of
the perimeter of such courtyard open for access by emergency vehicles.
(c) Where the length of a street exceeds 200 feet and where there exists six (6) or more
' dwelling units, an area must be provided for the turnaround of fire fighting vehicles on a
paved or graveled surface. This area shall not be used for parking and shall subscribe a
circular area having a radius of thirty-five (35) feet or shall have a configuration which
provides comparable turnaround space.
(d) All fire hydrants, whenever possible, should be located adjacent to the paved roadways
suitable for transporting fire fighting vehicles. Where possible, such hydrants shall be
located at least fifty (50) feet from any building. Hydrants shall be located at entrance and
exit ways, and additional hydrants shall be located so that each building and portion thereof
will be within 350 feet of a hydrant. If buildings have standpipes and sprinkler systems, one
(1) hydrant shall be located within seventy-five (75) feet of each standpipe and sprinkler
' system connection. "The Guide For Determination of Required Fire Flow," as updated,
published by the insurance service offices, will be utilize din determining the estimated
water needs for fire protection. All hydrants must be served by a water main of sufficient
' size. In no case shall the minimum size main be less than six (6) inches in diameter.
9.1.7 Miscellaneous Requirements: The minimum construction standards for parking lots shall
be four inch coarse aggregate base with one and one-half (1-1/2) inches of asphalt or other
approved all weather surfacing methods. The drainage system shall be designed to accommodate
expected runoff. The solid waste storage plan shall indicate the type of service to be provided. If
dumpsters are required, the plan shall show the dumpster locations. Dumpsters and pads shall
be sized according to the number of dwelling units. All pads shall be of concrete six (6) inches
thick.
' 9.2 Planned Building Group Regulations for Attached Dwelling Unit for Individual
Ownership (Condominiums and Townhouses).
' 9.2.1 Minimum Lot Area: 8,000 square feet for the first two (2) dwelling units of each building;
1,800 square feet for each additional dwelling unit of each building. Individual lots shall be
exclusive of any public land or street right-of-way. In no case shall the number of dwelling
' units exceed sixteen (16) per acre, exclusive of any streets or publicly dedicated land. It
is noted that the Planning Board may recommend, and the town Board of Commissioners
may require, a lower dwelling unit density per acre than the density specified by the
' minimum lot area due to factors such as, but not limited to, traffic congestion; projected
demands on community facilities; availability of water, sewer and electrical utilities; and
consistency with the comprehensive plan of the Town of Beaufort.
' 51

FM
9.2.2 Minimum Lot Width: Fourteen (14) feet. .'
9.2.3 Maximum Height: Thirty-five (35) feet. ,
9.2.4 Maximum Number of Dwelling Units Per Building: Eight (8)
9.2.5 Setbacks: '
(a) Front Yard: Twenty-five (25) feet.
(b) Rear Yard: Twenty (20) feet. '
(c) Side yard For End Dwelling Unit: Fifteen (15) feet. There shall be no setback between the
building line of the dwelling unit and interior side lot lines. In order to ensure proper and functional t
development under these regulations, it is mandatory that interior dwelling units be constructed to
encompass the total building width of the lot, and at least fifty (50) percent of the linear distance
of the common building wall dividing the interior living quarters of the two (2) attached dwelling units ,
shall be located between the two (2) said attached dwelling units.
9.2.6 Access: Each lot shall front on a public street. A five (5) foot pedestrian, drainage, and
'
utility easement shall be provided on each lot along the entire length of all rear lot lines and
side lot lines which are situated between the end walls of buildings. No fences, trees,
shrubbery or other similar obstructions shall be permitted in that five (5) foot pedestrian,
'
drainage, and utility easement.
9.2.7 Parking: As specified in section 11 of this ordinance.
,
9.2.8 Plans are required and must show:
Topography: Topography of the site at contour intervals no greater than two (2) feet.
'
Structures: Location and approximate size of all existing and proposed buildings and
structures within the site and all existing buildings and structures within 100 feet, in addition
'
to public or private easements or rights -of -way adjoining or intersecting such property.
Circulation: Proposed points of ingress and egress and proposed pattern of internal
,
automobile and pedestrian circulation.
Parking and Loading: Location and extent of parking areas. '
Timing: Proposed schedule of development, including stages likely to be followed.
9.2.9 Other Details: '
(a) Proposed provision for storm drainage and sanitary sewerage, approved by the town
engineer. '
(b) Size and proposed location of any signs.
(c) Proposed solid waste storage facilities.
(d) Proposed water system. All fire hydrants, whenever possible; should be located adjacent ,
to paved roadways suitable for transporting fire fighting vehicles. Where possible, such
hydrants shall be located at least fifty (50) feet from any building. Hydrants shall be located
at entrance and exit ways, and additional hydrants shall be located so that each building '
52 '

' and portion thereof will be within 350 feet of a hydrant. If buildings have standpipes and
Y g
sprinkler systems, one (1) hydrant shall be located within seventy-five (75) feet of each
standpipe and sprinkler system connection. "The Guide For Determination of Required Fire
Flow," as updated, published by the insurance service offices, will be utilized in determining
the estimated water needs for fire protection.
' (e) Types of surfacing, slope, grade and cross-section of drives, sidewalks, malls, etc.
(f ) The location and heights of all fences, walls, and hedges shall be shown.
(g) Profiles of publicly maintained water and sewer lines.
(h) Profiles, cross -sections and slopes of on -site and off -site ditches carrying water runoff.
(i ) Erosion and sedimentation control plan.
(j) Lighting plan inclusive of wattage and illumination.
' (k) Installation of curb and gutter shall be mandatory.
(I) All plans and construction details must meet the current specifications of the Town of
Beaufort and appropriate state agencies.
' 9.3 Planned Unit Development (PUD)
' The procedure for the establishment of a planned unit development shall be consistent with
the following courses of action. The developer of the PUD shall meet with the director of planning
and the director of public works to discuss the PUD relative to its proposed composition and
municipal land use controls. The developer may then submit a rezoning application for a PUD
district designation to the department of planning. The rezoning application will be processed as
prescribed by this ordinance. Upon establishment of the PUD zone, the developer shall submit a
' preliminary map of the total PUD. The preliminary map shall contain information consistent with
the requirements of a preliminary plat as prescribed in the Town of Beaufort subdivision ordinance.
After approval of the preliminary plan of the PUD by the Planning Board, the developer shall submit
' final plats and planned building groups drafted in accordance with the applicable regulations.
9.3.1 Minimum Size: Twenty-five (25) acres.
' 9.3.2 Maximum Overall Density: Six (6) dwelling units per acre.
9.3.3 Open Space Requirements: A minimum of fifteen (15) percent of the total PUD area shall
be maintained as open space. Street rights -of -way, parking lots, building areas (as defined)
and yards held in individual ownership shall not constitute any part of the required open
space; however, building areas for recreational facilities may be computed as open space.
The Board of Commissioners may also require the developer to provide the town with an
option to purchase open space sites at fair market prices for the development of future
' public recreational areas and/or community facilities. Said option shall become null and
void if the town has not exercised the option prior to the completion of seventy (70) percent
of the proposed dwelling units in the PUD. Any open space land use not included under
approval of the PUD preliminary plan must be reviewed by the Planning Board and
' approved by the Board of Commissioners prior to its development.
' 9.3.4 Residential Development: The applicable area, yard and height requirements as
contained in section 8 of this ordinance shall be adhered to. With the exception of
predesignated lots employing the zero lot line provisions, the applicable yard setback
requirements for single-family structures shall be based upon the square footage of the lot.
' All multi -family developments shall adhere to the applicable development regulations
1
53

contained herein. The approved preliminary and final site plans shall designate the zoning ■
district category which shall apply to each parcel of property.
9.3.5 Commercial Development: Any proposed commercial land use will be developed under ■
the regulations of the B-1 zone. No commercial construction may be commenced until at
least fifty (50) percent of the proposed dwelling units within the PUD or 500 dwelling units, '
whichever is smaller, are completed and ready for occupancy.
9.3.6 Industrial Development: Any industrial development within the PUD shall adhere to the
regulations set forth in the industrial park provisions (section 10.3.11) of this ordinance.
9.4 Residential Cluster Development
'
9.4.1 Minimum Area: Subject to the regulations set forth herein, all residential cluster
developments shall contain a minimum of one acre.
9.4.2 Project Density: The overall density of each cluster development shall not exceed
eight (8) units per acre regardless of the minimum lot area required per dwelling or unit herein.
Specific density requirements for single-family and multi -family dwellings are as follows:
'
(a) Single-family dwellings such as cluster homes, patio homes, etc. - minimum lot area
of 5,000 square feet for the first dwelling, and 4,000 square feet for each additional
'
single-family dwelling within the project.
(b) Multi -family dwellings - the minimum lot area for the first two units or the first two
,
family dwellings shall be 9,000 square feet with 3,000 square feet being required for
each additional unit.
,
9.4.3 Homeowners' Association: The establishment of a homeowners' association shall
be mandatory. As a part of the approval process, the developer shall submit to the town the
following documents for review:
'
(a) Proposed article of incorporation for the association. Such article of incorporation
shall provide for homeowners' control when over fifty (50) percent of the dwelling
'
units are sold.
(b) Proposed bylaws of the association. Such bylaws shall contain provisions which will '
facilitate the selection of the most capable officers of the association. The bylaws
shall also contain provisions requiring an annual audit and distribution of that audit
to all the members of the association. '
(c) Proposed annual budget of the association showing monthly assessments. The
monthly assessments must be set at a sufficient level to ensure success of the t
association.
(d) Proposed ten (10) year income and expense budget reflecting the establishment
of a sinking fund for capital replacement.
54 • I

(e) Proposed document granting rights of entry to the common areas by rescue
officers, fire fighting personnel, police officers, and service personnel while
performing their duties.
(f) Proposed information packet for prospective buyers. The packet shall include a
complete listing of all land, buildings, equipment, facilities, nd other existing or
proposed holdings of the association; time schedule for maintenance of major
facilities; and information regarding the association's assessments and fiscal
program.
(g) Proposed restrictions and covenants for the common areas and residential sites.
The homeowners' association shall be organized and established as a legal entity prior to
or as a part of the final plat approval and recording process. Membership in the homeowners'
association shall be mandatory for each original purchaser and each successive purchaser of a
residential site.
The homeowners' association shall be responsible for the payment of premiums for liability
insurance, local taxes, maintenance of recreational and other facilities located on the common
areas, payment of assessments for public and private capital improvements made to or for the
benefit of the common areas, maintenance and repair to the exterior of all attached residences
located within the development or other common area facilities. It shall be further provided that
upon default by the homeowners' association in the payment to the governmental authority of any
ad valorem taxes levied against the common areas or assessments for public improvements to the
common areas, should default continue for a period of six (6) months, then each owner of a
residential site in the development shall become obligated to pay to the taxing or assessing
governmental authority a portion of such taxes or assessments in an amount determined by
dividing the total taxes and/or assessments due to the governmental authority by the total number
of residential sites in the development. If the sum is not paid by the owner within thirty (30) days
following receipt of notice of the amount due, then the sum shall become a continuing lien on the
cluster real estate of the then owner, his heirs, devises, personal representatives and assigns, and
the taxing or assessing governmental authority may either bring an action at law against the owner
obligated to pay the same, or may elect to foreclose the lien against the cluster real estate of the
owner.
The homeowners' association shall be empowered to levy assessments against the owners
of the residential sites within the development for the payment of expenditures made by the
homeowners' association for the items set forth in the preceding paragraph, and any such
assessments not paid by the owner against whom such are assessed shall constitute a lien on the
cluster site of the owner.
Easements over the common areas for access, ingress and egress from and to public
' streets and walkways and easements for enjoyment of the common areas, as well as for parking,
shall be granted to each owner of a residential site.
' All common walls between individual residences shall be party walls and provisions for the
maintenance thereof and restoration in the event of destruction or damages shall be established.
' 55

9.4.4 Open Space: Each cluster development shall contain open spaces in the following
percentages of the overall area of the cluster development which shall be computed based upon
the number of dwellings per gross acre of cluster development as follows: ,
Number of Dwelling Units Required Percentage of
Per Gross Acre Open Space '
3 units or less 20 percent
4-6 units 21-30 percent
7-8 units 31-45 percent
Open space is defined as that land designated on the plat as being for the use, benefit and
enjoyment of the residents of the cluster development. The open space shall be set aside for the '
use, benefit and enjoyment of all residents of the cluster development, and shall be either
dedicated to the private use of residents of the cluster development or conveyed to the Owners'
Association or similar residents' association for ownership, use and management. Land which is '
restricted in any way so as to be for the use, benefit or enjoyment of a select group within the
planned unit development shall not qualify as open space.
To qualify as open space, land shall have a minimum width off five (5) feet excluding street
'
right-of-way, drives, parking areas, or structures other than recreational structures, and have one
contiguous tract containing not less than 10,000 square feet or four (4) percent of the project area,
whichever is greater, exclusive of streets, parking areas and utility easements. Street right-of-way,
,
drives, parking areas, buffer zones and utility areas and easements may qualify as open space and
be counted towards the percentage of open space required for each development. Provided, that
street rights -of -way, drives, parking areas and utility areas and easements shall not comprise more
,
than two thirds of the required open space for each development, unless the percentage is varied
or waived by the Town Board upon recommendation by the Planning Board. Such variation shall
be freely allowed if any two or more of the following jurisdictions or criteria are found to exist:
,
(a) To provide flexibility in design to take the greatest advantage of natural land, water,
trees, and environmental and historical features;
'
(b) To provide for the creation of compatible arrangements that give the homebuyer
greater choice in selecting his living environment;
'
(c) To provide sufficient freedom for the developer to submit plans that embody a
creative approach to the use of lands and related physical development, as well as
'
utilizing innovative techniques to enhance the visual character of the development;
(d) To provide for the efficient use of land which may result in smaller street and utility
network, better maintenance and upkeep of sewage disposal systems, and reduced
'
development and maintenance costs;
(e) In order to include compatible or associated uses which complement the residential
'
area within the cluster development;
56
'

'
(f)
To simplify the procedures for obtaining approval of proposed development through
expeditious review of proposed land use, site layout, public needs, and health and
'
safety factors;
(g)
To minimize expenditures of public funds for services and maintenance of streets,
roads, central sewage systems, and similar utilities, and to promote the efficient
investment of community resources.
'
9.4.5
Dimensional Requirements:
(a)
Peripheral Boundary Setback. A ten (10) foot setback shall be required along all
'
peripheral boundaries of a cluster development. A building, whether it is a principal
or accessory building, shall not encroach upon this required setback distance.
Within said peripheral setback the town may require as part of its site plan review
' the establishment of a reasonable buffer to protect and maintain the character of
adjacent uses, which buffers may include a decorative fence, dense evergreen
growth at least 6 feet in height or the equivalent of such fence or evergreen
' buffering.
(b) Front. Side. and Rear Setbacks. The front setback required for each dwelling unit
' shall be a minimum of twenty (20) feet and a maximum of forty (40) feet from the
road or street. The depth of any rear yard shall be a minimum of five (5) feet. The
width of any side yard shall be a minimum of five (5) feet, provided that a zero side
' setback shall be permitted if the opposite setback is increased to ten (10) feet. The
zero (0) side yard setback may be permitted on one (1) side of each lot subject to
the following provisions:
' (1) The minimum building separation for the side yard opposite the zero lot line
shall be either a minimum building separation of ten 10 feet from the side of
' the adjacent dwelling if then constructed, or a minimum ten 10 foot building
setback line from the adjoining side lot line, whichever is greater.
' (2) A five (5) foot maintenance easement with a maximum eave encroachment
easement of two (2) feet within the maintenance easement shall be
established in the deed restrictions, recorded plat, and/or covenants of the
adjoining lot and shall assure ready access to the lot line wall at reasonable
' periods of the day for normal maintenance.
' (3) Preliminary and final site development plans shall indicate the proposed
envelope location of the dwellings, driveways and parking arrangements for
each lot, and the final plans shall include a draft of proposed encroachment
and maintenance easements within the covenants or on the proposed final
' plat for review and approval by the town.
9.4.6 Building Height: The maximum building height shall be thirty-five (35) feet.
' 9.4.7 Accessory Buildings: No accessory buildings shall be erected in any required front
or side yard or within three (3) feet of any lot line not a street line. An unattached accessory
' building or use may be located in a rear yard provided it is located a distance of not less than
S7

(eight) 8 feet from the principal building, and is not closer than three(3) feet from the rear yard line, '
and provided further, that not more than twenty-five (25) percent of the total lot area is covered by
accessory buildings. On a reversed corner or double frontage lot, no accessory building shall '
extend beyond the front yard line of the lot located to the rear of the lot on which the accessory
building is being proposed.
9.4.8 Preliminary and Final Review Procedures and Approvals: Other than a plat
showing the location and dimensions of the land, no preliminary layouts or other drawings showing
proposed buildings or related developments shall be required for any rezoning of the land to the '
R-5 district. However, before any.building or development permits may be issued for any new
buildings, utilities, or new structural additions to the site, the development must have been given
preliminary approval by the Planning Board in accordance with Article IX of the Town of Beaufort
Subdivision Ordinance, as applicable. '
9.4.9 Parking and Loading: Two off-street parking spaces shall be provided per dwelling. '
9.4.10 Signs: The regulations for signs in an R-5 district shall be as contained in Section
12 of this Ordinance. '
9.4.11 Bond or Letter of Credit Requirements. Common -owned facilities, including
utilities, shall be bonded, or a letter of credit shall be provided to the town against defective quality
and workmanship. The bond or letter of credit shall include all common -owned facilities to be '
constructed within the bond area covered by the final plat. Such bond or letter of credit shall be
released by the town upon completion of such common -owned facilities and conveyance to the
homeowners' association. '
9.5 Business Planned Building Group Regulations
,
Projects located within B-1, B-2, and 0&1 districts involving the construction of a building
or buildings greater than 7,000 square feet, or projects involving the construction of more than one
(1) building, structure or combination thereof, shall also comply with the following regulations:
'
9.6.1 Minimum project and lot area: Within a B-1 district, the minimum lot size shall be three
(3) acres, or one (1) town block, having public streets on all sides.
'
9.6.2 Parking and loading: Forty hundredths (0.40) of a parking space per 100 square feet of
leasable building area for planned building groups having a leasable building area of
'
400,000 square feet or less; forty-five hundredths (0.45) of a parking space per 100 square
feet of leasable building area for planned building groups having a leasable building area
from 400,001 to 600,000 square feet; and fifty hundredths (0.50) of a parking space per 100
'
square feet of leasable building area for planned building groups having a leasable building
area over 600,000 square feet.
One loading bay for up to 20,000 square feet of leasable building area; one loading bay for
'
each 30,000 square feet over 20,000 square feet, up to 110,000 square feet; one loading
bay for each 50,000 square feet over 110,000 square feet.
'
9.5.3 Screening and fencing; A screen not less than six (6) feet high of dense plant material
and/or fence where the lot abuts a residential lot.
'
58

F,
�11
9.6.4 Lots fronting on a public street: The planning board may approve plans with lots within
the interior of a business planned building group project provided that the board finds that
adequate access is assured by the design of the planned building group.
9.5.5 Minimum yard requirements: The planning board may approve plans which do not
provide minimum yards along interior lot lines within a business planned building group
project. All exterior lot lines located along the perimeter of the business planned building
group shall satisfy the standards listed within Section 8 entitled "Table of Area, Yard and
Height Requirements."
9.6.6 Plans are required and must show:
(a) Structures: Location and approximate size of all existing and proposed structures
within the site and all buildings and structures within 500 feet, in addition to public
or private easements or rights -of -way adjoining or intersecting such property.
(b) Circulation: Proposed points of access and egress and proposed pattern of internal
automobile and pedestrian circulation.
(c) Parking and Loading: Location and extent of proposed parking and loading areas.
(d) Timing: Proposed schedule of development, including stages likely to be followed.
(e) Other details:
(1) Proposed provision for storm drainage and sanitary sewerage, approved by
the town engineer.
(2) Size and proposed location of any signs.
(3) Proposed solid waste storage facilities.
(4) Proposed water system. Hydrants shall be located within 300 feet of any
building or portion thereof. Where possible, such hydrants shall be located
at least fifty (50) feet from any building. If buildings have standpipes and
sprinkler systems, one (1) hydrant shall be located within seventy-five (75)
feet of each standpipe and sprinkler system connection. The Town of
Beaufort Fire Chief shall determine the estimated water needs for fire
protection.
(5) Types of surfacing, slope, grade and cross section of driveways, sidewalks,
malls, etc.
(6) The location and heights of all fences, walls and hedges shall be shown.
(7) Profiles of publicly maintained water and sewer lines.
(8) Profiles, cross sections and slopes of on -site and off -site ditches carrying
water runoff.
59

(9) Erosion and sedimentation control plan.
(10) Lighting plan, inclusive of wattage and illumination.
(11) Installation of curb and gutter shall be mandatory.
(12) Depict traffic control devices.
(13) All plans and construction details must meet the current specifications of the
Town of Beaufort.
(f) Other requirements:
(1) Unified business developments shall be located within 500 feet of a major
thoroughfare and shall have direct access thereto.
(2) Points of access and egress shall consist of driveways or roadways at least
twenty (20) feet in width and shall be set back a sufficient distance from
highway intersections to minimize traffic hazards, inconvenience, and
congestion.
(3) Parking areas shall have a stabilized surface with parking spaces and traffic
lanes clearly marked.
(4) The property shall not extend across any major arterial street.
(g) Placement of buildings:
(1) Exterior walls of unattached buildings shall be located no closer than a
distance equal to the height of the taller building.
(2) Any courtyard created by the placement of the buildings shall have at least
twenty-five (25) percent of its perimeter open for access by emergency
vehicles.

' SECTION 10. SPECIAL USES
' 10.1 Obiectives and Purpose
' Permitted special uses add flexibility to the zoning ordinance. Subject to high standards of
planning and design, certain property uses are allowed in the several districts where those uses
would not otherwise be acceptable. By means of controls exercised through the special use permit
' procedures, property uses which would otherwise be undesirable in certain districts can be
developed to minimize any bad effects they might have on surrounding properties.
I
All special use permits are approved by the Board of Commissioners.
The uses for which special use permits are required are identified in section 8, Table of
' Permitted Uses. This section provides detailed descriptions of the procedures which must be
followed in the approval of each such permit. Uses specified in this section shall be permitted only
upon the issuance of a special use permit.
1
10.2 Procedures for Special Use Permit Approval
Special use permits may be issued by the office of inspection services, after approval by
the Board of Commissioners for the uses as designated in the table of regulations for special uses
and after Planning Board review and recommendations. The petition for a special use permit shall
be submitted to the Building Inspector, and the accompanying plans to the secretary of the
Planning Board, at least three (3) weeks prior to the regular monthly Planning Board meeting at
' which it is to be heard. Such application shall include all of the requirements pertaining to it as
specified in section 10. The Planning Board shall forward the application and its recommendations
to the Board of Commissioners within thirty (30) days after its review of the application. On
' receiving the application and the recommendations of the Planning Board, the Board of
Commissioners shall give notice of a public hearing five (5) days prior to the date of the public
hearing. At the public hearing, all interested persons shall be permitted to testify. The Board of
' Commissioners shall consider the application and said recommendations of the Planning Board,
and may approve or deny the requested special use permit.
' (a) The special use permit, if approved, shall include approval of plans as may be required.
In approving the permit, the Board of Commissioners shall find:
(1) That the use will not materially endanger the public health, safety, or general
' welfare if located where proposed and developed according to the plan as
submitted or approved;
' (2) That the use meets all required conditions and specifications;
(3) That the use will not adversely affect the use or any physical attribute of adjoining
or abutting property, or that the use is a public necessity; and
' (4) That the location and character of the use, if developed according to the plan as
submitted and approved, will be in harmony with the area in which it is to be located
and in general conformity with the plan of development of Beaufort and its environs.
1
61

(b) In approving the special use permit, the Planning Board may recommend, and the Board
of Commissioners may designate, such conditions in addition and in connection therewith as will,
in its opinion, assure that the use in its proposed location will be harmonious with the area in which
it is proposed to be located and with the spirit of this ordinance. All such additional conditions shall
be entered in the minutes of the meeting at which the special use permit is granted and also on the
special use permit approving and on the approved plans submitted therewith. The Special Use
permit shall be recorded by the applicant with the Register of Deeds prior to the initiation of the
requested use. All specific conditions shall run with the land and shall be binding on the original
applicant for the special use permit, the heirs, successors and assigns. In order to ensure that
such conditions and requirements for each special use permit will be fulfilled, the petitioner, for the
special use permit may be required to enter into a contract with the Town of Beaufort providing for
the installation of the physical improvements required as a basis for the issuance of the special use
permit. Performance of said contract shall be secured by cash or surety bond which will cover the
total estimated cost of the improvements as determined by the town's director; provided, however,
that said bond may be waived by the Board of Commissioners within its discretion.
(c) If the Planning Board recommends the disapproval of the special use permit, and if the
Board of Commissioners denies the permit, each body shall enter the reason for its action in the
minutes of the meeting at which the action is taken.
(d) No appeal may be taken to the Board of Adjustment from this action of the Board of
Commissioners in granting or denying a special use permit. Any such action by the Board of
Commissioners shall be considered as the equivalent of action on a proposed zoning amendment
and shall be reviewable only in the same manner as action on a proposed amendment.
(e) In addition to the conditions specifically imposed by the Board of Commissioners, special
uses shall comply with the height, area and parking regulations of the zone in which they are
located.
(f) In the event of failure to comply with the plans approved by the Board of Commissioners
or with any other conditions imposed upon the special use permit, the permit shall thereupon
immediately become void and of no effect. No building permits for further construction nor a
certificate of occupancy/compliance under this special use permit shall be issued, and the use of
all completed structures shall immediately cease and such completed structures not thereafter be
used for any purpose other than a use -by -right as permitted by the zone in which the property is
located.
(g) Where plans are required to be submitted and approved as part of the application for a
special use permit, modifications of the original plans may be authorized by the Board of
Commissioners after review and recommendation by the Planning Board.
62

'
10.3
Table of Regulations for Special Uses
'
Detailed regulations
for each special use are set forth in this section.
10.3.1
Use -- Adult Establishment
'
(a)
Special use districts: I-W
'
(b)
Requirements: The designation adult establishment shall include an adult
bookstore, adult motion picture theater, adult mini -motion picture theater, adult live
entertainment business, or massage business, all as defined in N.C.G.S. § 14-
'
202.10. The phrase "adult establishment" as well as adult bookstore, adult motion
picture theater, adult mini -motion picture theater, adult live entertainment business,
or massage business shall be construed consistently with the construction given to
'
the respective identical phrase contained in N.C.G.S. § 14-202.10.
(c)
For the purpose of this ordinance, the phrase adult establishment also shall include
any "rap parlor," which means any establishment or business providing
nonprofessional conversation or companionship, regardless of whether or not such
service may be attendant with the showing of motion pictures, a preponderance of
'
which are distinguished or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities," or "specified anatomical area,"
as defined in N.C.G.S. § 14-202.10
'
(d)
No building, structure, or any portion thereof, nor any portion of a lot or parcel of
property, shall be used for an adult establishment at a location closer than 1,000
feet from any other adult establishment, or closer than 600 feet from any
'
residentially zoned property, nursery school, elementary school, junior high school,
high school, public playground, or church situated within the town limits or the
'
extraterritorial jurisdiction.
(e)
Plans are required and must show:
'
(1) Structures: Location of buildings and sign, and size of the plan.
(2) Circulation: Proposed points of access and egress and pattern of internal
'
circulation.
'
(3) Parking: Layout of parking spaces.
4 Lighting: Li htin Ian inclusive of wattage and illumination.
()Lighting 9
10.3.2
Use -- Animal HospitalNeterinarian Clinic (including Kennel Operations
(a) Special use districts: O&I.
b Minimum lot area: None.
'
63

10.3.3
10.3.4
(c) Screening and fencing: A screen of dense plant material where the
proposed site of the animal medical care facility abuts a residential lot or an area
zoned solely for residential purposes.
(d) Plans are required and must show:
(1) Structures: Location of buildings and sign, and size of the plan.
(2) Circulation: Proposed points of access and egress and pattern of
internal circulation.
(3) Parking: Layout of parking spaces.
(4) Lighting: Lighting plan, inclusive of wattage and illumination.
(5) . Other requirements: It is mandatory that animal medical care
facilities situated in an 0&1 zone have all kennel areas (living
quarters for animals) confined within a building. Open kennel areas
are prohibited.
Use -- Assembly Halls, Coliseums, Gymnasiums, and Similar Structures
(a) Special use districts: 0&1
(b) Minimum lot area: None.
(c) Screening and fencing: A solid fence or solid wall not less than six (6) feet
high, or the maximum applicable fence height limitation where the lot abuts
a residential lot.
(d) Plans are required and must show:
(1) Structures: Location of buildings and sign, and size of the plan.
(2) Circulation: Proposed points of access and egress and pattern of
internal circulation.
(3) Parking: Layout of parking spaces.
(4) Lighting: Lighting plan, inclusive of wattage and illumination.
Use -- Automobile Off -Street Parkina Lot in Residential Districts
(a) Automobile Off -Street Parking. This special use shall apply to any off-street
parking lot requirement, commercial or residential.
(b) Special use districts: R-20, R-15, R-10, R-8, R-8A, and PUD.
(c) Minimum lot area: None.
(d) Screening and fencing: A screen not less than six (6) feet high of dense
plant material where the lot abuts a residential lot.

Plans are required and must show:
(1) Circulation: Proposed points of access and egress and pattern of
internal circulation.
(2) Parking: Layout of parking spaces.
(3) Lighting: Proposed illumination, if designed for nighttime operation.
(4) Other requirements: Proposed location of one sign which may be no
larger than ten (10) square feet; sign shall be freestanding and not
higher than seven (7) feet above the ground. There shall be a
maximum of one sign per entrance.
Use -- Cemetery
(a) Special use districts: R-20, R-15, R-10, and O&I, except that no cemetery
shall be located within a 100-year floodplain area.
(b) Minimum lot area: None.
(c) Parking and loading: Adequate off-street parking facilities for funeral
processions.
(d) Screening and fencing: A screen of dense plant material not less than six
(6) feet high where cemetery abuts a residential lot.
(e) Plans are required and must show:
(1) Topography: Well drained site with adequate storm drainage
facilities.
(2) Structures: Location of signs, entrance and buildings must be
shown on the plan.
(3) Circulation: Proposed points of access and egress and pattern of
internal circulation, and funeral procession route, if possible.
(4) F000dplain: Certification that the cemetery is not located with a 100-
year floodplain area.
(5) Other details:
a. Proposed restrictions, if any.
b. Maximum size of sign shall be thirty-six (36) square feet, and
there is a limit of one sign per street frontage.
65

10.3.6 Use -- Day Care Center (including Kindergarten)
(a) Special use districts: R-20, R-15, R-10, R-8, R-8A, PUD, B-2, and OU
(b) Minimum lot area: None.
(c) Parking and loading: One space for each adult attendant and one space for every
six (6) children or fraction thereof.
(d) Screening and fencing: See 'other requirements."
(e) Plans are required and must show:
(1) Structures: Location and approximate size of all existing and proposed
buildings and structures within the site and on the lots adjacent thereto.
(2) Circulation: Proposed points of access and egress and pattern of internal
circulation.
(3) Parking and Loading: Layout of parking spaces.
(4) Other details:
a. Location and extent of open play area.
b. Day care center shall provide 100 square feet of outdoor play space
per pupil.
C. Outdoor play area shall be enclosed by a solid or open fence or wall
at least four (4) feet in height. Where the outdoor play area is
directly adjacent to a residentially used or zoned lot(s), a solid fence
or wall at least six (6) feet high or the maximum applicable fence/wall
height limitations, or an open fence at least four (4) feet high and a
screen planting designed to grow three (3) feet thick and six (6) feet
high, shall be erected. The Board of Commissioners may at its
discretion require additional screening and/or fencing to be located
adjacent to abutting nonresidential land uses.
d. In residential districts, a day care center shall not be operated
between the hours of 7:00 p.m. and 7:00 a.m.
10.3.7 Use -- Funeral Home or Mortuary.
(a) Special use districts: B-2 and OR
(b) Minimum lot area: See table of area requirements.
R.

(c) Screening and fencing: A screen of dense plant material designated to grow
at least three (3) feet thick by six (6) feet high, and a fence at least three (3)
' feet high shall be installed where the proposed funeral home site abuts a
residential lot or an area zoned for residential purposes.
(d)
Plans are required and must show:
(1) Structures: Location of buildings and signs, including size.
'
(2) Circulation: Proposed points of access and egress and pattern of
internal circulation, and funeral procession route, if possible.
'
(3) Parking: Design of parking lot.
(4) Lighting: Proposed illumination, including location and wattage.
(5) Other requirements: The Board of Commissioners may provide
'
additional requirements as it deems necessary in order to make the
proposed project more compatible with adjacent areas and existing
or proposed traffic patterns.
Use
Home Care Unit.
10.3.8
--
'
(a)
Special use districts: R-20, R-15, R-10, and O&I.
(b)
Minimum lot area: Minimum lot area of district in which located plus 1,000
'
square feet for each person to be accommodated.
(c)
Parking and loading: One space for each regular employee and one space
'
for every four (4) persons to be accommodated.
(d)
Plans are required and must show:
'
(1) Structures: Location and approximate size of all existing and
proposed buildings and structures within the site and on the lots
'
adjacent thereto.
(2) Circulation: Proposed points of access and egress and pattern of
'
internal circulation.
(3) Parking and Loading: Layout of parking spaces.
'
(4) Lighting plan: Lighting plan, inclusive of wattage and illumination.
(5) Other requirements: Must meet all requirements for licensing by the
'
State of North Carolina.
' 67 .

10.3.9 Use -- Hotel. Motel, and Inn
(a)
Special use districts: B-2 and O&I.
'
(b)
Minimum lot area: None.
'
(c)
Parking: One space for every rental room plus one space for each of the maximum
number of persons employed at any given time during a twenty-four (24) hour
period plus one space for every four (4) seats in the restaurant, if applicable.
'
(d)
Loading: One space for each 100,000 square feet of motel floor area or fraction
thereof.
'
(e)
Screening and fencing: A screen of dense plant material designed to grow at least
three (3) feet thick by six (6) feet high and a fence at least three (3) feet high where
the proposed site of the motel (hotel) abuts a residential lot or an area zoned for
residential purposes.
10.3.10
Use -- Industrial Park.
,
(a) Special Use District: IP. The admission of any industry to the park shall be subject '
to approval by the Board of Commissioners after recommendation by the Planning
Board; provided, however, that the Board shall be uniform in its treatment of each
class or kind of building or use in the district. No industry or other business shall be
established, maintained or permitted thereon which may be or become an '
annoyance or nuisance by the reason of unsightliness or the excessive emission of
smoke, dust, glare, odor, fumes, or vibrations. Determination ofwhether an industry
or business is or may be objectionable for any of the above reasons shall be by the '
judgment of the Board of Commissioners. No property shall be used for storage,
distribution, or sale of a material or products which shall increase the insurance
rates over the standard industrial rates set by the insurance services office. ,
(b) Minimum IP Area: Fifty (50) Acres. No buildings or other structures including off-
street parking areas, shall be built or maintained which in the aggregate cover more
than fifty (50) percent of the total industrial park zone.
(c) Parking and Loading: Off-street parking facilities shall be provided for employees, I
customers, and visitors through application of the following ratios:
(1) One Shift - One Space for each one and five -tenths (1.5) employees. '
(2) Two or more shifts - One space for each one and five -tenths (1.5)
employees, using the sum of the two (2) work shifts which constitute the I
largest work force.
(3) Plus one space for each managerial employee; one (1) visitor space for I
each ten (10) managerial staff.
68 1

The parking area may be provided anywhere on the premises except in the
minimum front yard. In the event that the side or rear property lines abut residential,
'
medical arts, or office -institutional zones, the off-street parking area can extend no
closet than twenty-five (25) feet to said zones and a planting screen must be
'
maintained along such property line of such type and height as to obscure from view
any vehicles parked thereon. Whenever parking is provided between the front of
the building and the required minimum front yard, it shall be screened from the view
from the street. The maneuvering of trucks and trailers shall be confined to the
premises of each establishment. Minimum requirements for off-street loading
facilities shall be one loading space at least ten (10) feet by sixty (60) feet with a
'
fourteen -foot height clearance, if covered, for every 10,000 square feet, or fraction
thereof, of floor area, except that all establishments must have a minimum of one
space. Loading bays shall be located only on those sides of the building not facing
streets and at least sixty (60) feet from the nearest street right-of-way. Whenever
'
a loading dock is to be located partially or wholly within a building, such loading
dock and every part thereof shall be located twenty-five (25) feet from the nearest
street right-of-way. The actual depth of such loading dock within the building or
structure shall be determined in connection with the building plans or improvement
plans. All areas subject to wheeled traffic shall be paved with all-weather surfacing.
'
(d) Plans are required and must show:
(1)
Topography: Topography of the site at contour intervals not greater than
'
two (2) feet.
(2)
Structures: Location and approximate size of all existing and proposed
'
structures within the site and all buildings and structures within 500 feet, in
addition to all public and private rights -of -way and easements adjoining or
intersecting such property.
'
(3)
Circulation: Proposed points of access and egress and proposed pattern of
internal automobile and pedestrian circulation.
'
(4)
Parking and Loading: Location and extent of proposed parking and loading
areas. Parking areas shall have a stabilized surface with parking space and
'
traffic lanes clearly marked.
(5)
Lighting: Lighting plan, inclusive of wattage and illumination.
'
(6)
Timing: Proposed schedule of development, including stages likely to be
followed.
'
(7)
Other Details:
a. Proposed provision of sanitary sewerage, approved by the Public
Works Director.
' b. Size and proposed location of any signs.
' 69

(8)
C. Proposed solid waste storage facilities.
d. Proposed water system and firefighting facilities such as hydrants or
sprinkler connections.
e. Types of surfacing; slope, grade, and cross section of drives,
sidewalks, malls, etc.
f. The location and heights of all fences, walls, and hedges shall be
shown.
g. Complete landscaping plan for the site.
h. Type of construction of all structures to be located on the site.
A report in written form completely describing the manufacturing
process, including types of products, raw materials, by-products,
sanitary waste, solid waste, atmospheric emissions, noise levels and
proposed employment levels and shift operations.
Profiles of publicly maintained water and sewer lines.
k. Profiles, cross section, and slopes of on -site and off -site ditches
carrying water runoff.
I. Erosion and sedimentation control plan.
M. Lighting plan, inclusive of wattage and illumination.
n. All plans and construction details must meet the current
specifications of the Town of Beaufort.
Other Requirements:
a. Industrial parks shall be located with direct access to a major
thoroughfare and major utilities.
b. Points of access and egress shall consist of driveways or roadways
at least twenty (20) feet in width and shall be set back a sufficient
distance from highway intersections to minimize traffic hazards,
inconvenience, and congestion. All points of ingress and egress
shall be subject to the approval of the traffic engineer.
C. The property shall not extend across any major arterial street.
d. Building placement:
Exterior walls of opposite buildings shall be located no closer
than a distance equal to the height of the taller building.
70

[I
LJ
Any courtyard created by the placement of the buildings shall
have at least twenty-five (25) percent of its perimeter open
for access by emergency vehicles.
e. Building setback lines: All building sites shall face an interior (within
the industrial park) street. Property facing all streets within the park
shall have a building line setback of fifty (50) feet from the street
right-of-way. No structures or buildings shall be located closer than
thirty (30) feet to any side property line, it being the intent that an
open area of at least sixty (60) feet shall exist between all adjacent
but separately owned improvements within said industrial park and
that adequate protection be ensured to surrounding property owners.
No building shall be located closer than fifty (50) feet to any rear lot
line of an interior lot. No building shall be located closer than 200
feet to any exterior line of the IP zone.
Site requirements: It is hereby declared that said area between the
side and rear building lines and property lines is to be used either for
open landscaped areas or for off-street parking areas. If said area
is to be landscaped, it shall be done attractively with lawn, trees,
shrubs, etc., according to plans first approved by the Board of
Commissioners upon recommendation of the Planning Board. Any
landscaped areas shall be properly maintained thereafter in a sightly
and well -kept condition. Parking areas shall likewise be maintained
in good condition. The maximum height of any structure shall be
regulated as provided in note 6 of the Table of Area, Yard, and
Height Requirements.
g. Front Yard: Required front yards of building sites shall be
' maintained in grass, except walks, drives, planting, and flagpoles.
No driveway parallel to the street shall be permitted in the required
minimum front yard.
' h. Unpaved portion of site: ' Any area not paved shall be maintained in
grass and landscaped, including any such property which may be in
a street or utility right-of-way.
I. Power used in, or developed or obtained for the operation of, any
establishment within the confines of the site shall be confined to
' electrical or a substantially equivalent type of power using only oil,
gasoline, gas, or liquid petroleum products or other approved
combustible materials in its production, orother products which meet
' the requirements of the Division of Water and Air Resources, North
Carolina Department of Natural and Economic Resources.
j. The storage of flammable materials within the industrial park shall
conform to the appropriate regulations as set forth by the 1994
Standard Fire Prevention Code, with North Carolina Amendments,
' and as subsequently adopted by the Board of Commissioners.
71

10.3.11
(a)
(b)
,
k. No billboards or advertising signs other than those identifying the
name, business, and products of the person or firm occupying the
premises shall be permitted, except that plaques, directional signs,
'
and a sign offering the premises for sale or lease may be permitted
as provided in section X.
,
I. Signs identifying the industrial park' shall be limited to one per.
Industrial park entrance and must be shown by location and size on
plans to be approved by the Board of Commissioners upon the
,
recommendation of the Planning Board.
M. Outside storage shall not be permitted unless it is completely
screened from public view by an opaque screen of sufficient height
,
to hide the materials. Finished or semifinished products and other
materials placed temporarily outside the plant will be placed on the
rear half of the property. All fencing for screening, security or other
'
purposes shall be attractive in appearance, well -maintained, and
shall be of a durable type approved by the Board of Commissioners
upon recommendation of the Planning Board.
'
n. All utility lines shall be installed underground.
'
Use -- Manufactured Home Park or Travel Trailer Park.
Special use district: B-1
'
Application requirements:
'
(1) No person shall construct a manufactured home park or travel trailer park
or make any addition to a manufactured home park or travel trailer that
either alters the number of sites for manufactured homes or travel trailers
'
within the park or affects the facilities required therein, until he first secures
a permit authorizing such construction or addition. The construction or
addition shall be in accordance with plans and specifications submitted with
'
the application. The application and necessary fees for a manufactured
home park or travel trailer park construction permit shall be filed with the
chairman of the planning commission at least two(2) weeks priorto a regular
'
meeting of the Beaufort
planning commission. The application will be reviewed by the planning
commission, the building inspector, Carteret County Health Department, and
'
other necessary agencies determined by the board. All applications for a
manufactured home or travel trailer park construction permit will be
accompanied by six (6) prints drawn by a registered engineer or registered
'
surveyor.
(2) No owner shall place a manufactured home in a park for the purpose of '
using the manufactured home until a permit authorizing such placement is
secured; except that an owner placing a manufactured home in an approved
park shall not be required to comply with this section. It shall be the duty of '
72 1

every manufactured home park or travel trailer park owner to comply with
the General Statutes of North Carolina with regard to providing a list of
occupants of the park to the building inspector on an annual basis.
(3) Thereafter, the owner, when said manufactured home is ready for
occupancy, shall notify the building inspector and said inspector shall make
a final inspection of said manufactured home, and, if the owner is in
compliance with the requirements of this section, the building inspector shall
issue an occupancy permit which shall authorize the occupancy of said
manufactured home and authorize the electrical inspector to approve
electrical connections.
(4) Contents of the park plan:
a. The park plan shall be drawn on a scale of not more than 100 feet
to the inch.
b. In addition to the plan requirements below, the following shall be
shown on the plan:
-- Name of Park.
-- Name and address or owner or developer with appropriate
signatures.
-- Scale and north arrow.
-- Date of park plan..
-- Engineer's or surveyor's certificate and seal.
C. Sketch vicinity map.
d. Dimensions and bearings of exterior property lines.
e. Map book and page number of property as recorded with the county
register of deeds.
f. Land contours with vertical intervals of not more than two feet shall
be provided for all parks.
g. Stormwater drainage plan.
h. Roads or streets.
i. Manufactured home or travel trailer spaces identified by space
numbers and showing exact dimension of such spaces.
j. Location of all parking spaces within the park. Parking spaces shall
be identified
k. Method of surfacing roads.
73

(5)
(1) Location of recreational areas and utility/storage accessory
buildings.
M. Location of existing structures. ,
n. Location and intensity of area lights and typical connections to '
manufactured homes and/or travel trailers, or a statement from the
power company serving the area where the park is to be located
indicating that it will be responsible for compliance and installation '
of the electric system.
o. Source of water and water distribution system. If water source is a I
well, indicate:
-- Size casing;
Depth of well;
-- Depth of casing;
— Capacity of well;
-- Discharge pressure;
-- Pump capacity;
-- Static water level;
-- Horsepower of pump; and
-- Distance from nearest sewerage treatment area or septic
tank.
P. Sanitary sewerage. If a public sewage collection and disposal
system is used, plans and specifications approved by the North
Carolina Department of Water and Air Resources must be submitted
prior to the planning commission approval of the park. If system is
not connected to sewage collection system, show location and size
of septic tanks, trailers or manufactured homes connected to each
septic tank, layout of drain fields, data and result of percolation tests.
q. Fire protection system shall be described in written form or in a
separate plan drawn to scale with sufficient information to indicate
an adequate firefighting system.
r. Storage racks for refuse containers shall be presented in scale
drawings, and each rack shall be located on the park plan.
Review and approval of manufactured home park and travel trailer park
plans.
a. Upon submission of park plans and application to the.chairman of
the planning commission, copies of the proposed plans shall be
forwarded to the following agencies:
74

I
(6)
b. Carteret County Environmental Health: This agency shall be
responsible for review of.the park plans to determine compliance
with minimum health standards and regulations.
-- Source of water and water distribution system.
-- Sanitary sewage system.
-- Surface drainage system.
-- Adequate lot size.
C. Electrical Inspector: The electrical inspector shall review park plans
to determine if a proposed electrical system is in accordance with
state and national electric codes adopted by the town board of
commissioners.
d. CAMA minor permitting officer: If a minor permit under the Coastal
Area Management Act may be needed, and other appropriate
federal and state agencies [sic].
e. Building Inspector: The building inspector shall review park plans to
determine compliance with site regulations of the Town of Beaufort
manufactured home park/travel trailer park ordinance.
f. After the above stated agencies and departments have reviewed the
proposed park plans, their comments and recommendations shall be
forwarded to the planning commission. Each agency may also notify
the developer concerning any comments on the proposed park plan.
The planning commission , shall consider all comments and
recommendations on the proposed park plan prior to any approval
of a proposed manufactured home park/travel trailer park.
Issuance of a Park Permit and a Certificate of Compliance
a. After the planning commission has approved the park plans, the
enforcement officer shall be authorized to issue a park permit. The
developer shall then proceed with construction of the manufactured
home park in accordance with the approved park plans. The
developer shall inform the enforcement officer by letter or by
telephone upon completion of twenty - five (25) percent of the park,
sixty (60) percent of the park, and 100 percent of the park.
b. After completion of 100 percent of the park in accordance with the
approved park plans, the enforcement officer may issue a certificate
of occupancy.
C. Upon receipt of the certificate of occupancy, the developer shall be
permitted to operate and maintain his park. Only upon receipt of the
certificate of occupancy shall the developer be permitted to rent or
lease park spaces and place a manufactured home or travel trailer
within the park.
75

(c)
d. Variances or deviations from the approved park plans shall not be
permitted until approval from the planning commission has been
granted. Additions and deletions
Design Standards and Specifications for Manufactured Home Parks:
(1) Design Standards:
a. Minimum park area:Three (3) spaces.
b. Minimum area required for park expansion:Two (2) acres.
C. Minimum manufactured home space size:
— 20,000 square feet with neither public water nor public
sewerage;
- 10,000 square feet with either public water orpublic
sewerage;
-- 7,000 square feet with public water and public sewerage.
d. Minimum lot width: Fifty (50) feet.
e. Minimum front yard setback: Fifteen (15) feet from right-of-way.
f. Minimum side yard setback: Seven (7) feet each.
g. Minimum rear yard setback: Seven (7) feet.
h. Minimum setback from any park exterior boundary property line:
Twenty (20) feet.
i. Driveway, access roads, parking:
-- Minimum paved parking space per manufactured home: 1
space each ten (10) feet by twenty (20) feet).
-- All off-street parking shall be paved and be within the
manufactured home space.
-- Minimum pavement width: twenty-two (22) feet with forty-
two (42) feet right-of-way.
Unless on -street parking, then:thirty-six (36) ft. withforty-two(
42) ft. right-of-way.
-- Minimum pavementwidth of one-way streets: twelve(12) feet
with thirty-two(32) feet right-of-way.
j. Minimum recreation area: 200 square feet/space, provided that the
planning board may vary this requirement for proposed parks of ten
(10) spaces or less. For each proposed park of a minimum of 100
spaces, the planning board may require a minimum of one-half (1/2)
acre.
76

' 2 Water supply, sewers e, electricity, lighting,refuse collection fireprotection,
O9 Y
and drainage.
' a. Each manufactured homes ace within the ark shall be connected
P p
to an approved water and sewer facility. Such connections and
' facilities shall be approved if necessary by the county health
department under county and state health laws.
'
b. All electrical wiring shall be installed in accordance with the National
Electrical Code and shall, be approved only by the electrical
inspector. Distribution lines shall be installed underground.
'
Underground lines shall be placed at least eighteen (18) inches
below the ground surface where possible and at least one foot radial
distance from water, sewer, gas, or communications lines. Electrical
'
systems of manufactured home developments shall be calculated on
the basis of at least 100 amps (at 120/140 volts) for each
manufactured home. The point of electrical connection for a
'
manufactured home shall be within an area of the manufactured
home stand and approximately forty (40) feet from the front of the
manufactured home and approximately four feet from either side of
'
the manufactured home. Where other utilities and fixtures prevent.
the location of electrical connections forty (40)feet from the front of
a manufactured home
'
electrical connections shall be made with due regard to uniformity,
safety, and convenience equate exterior lighting shall be provided for
all streets, walkways, buildings, and other facilities subject to
nighttime use. The average illumination level in manufactured home
'
parks shall be at least three tenths (0.3) footcandle, and a minium
level of one tenth (0.1) footcandle shall be maintained on all streets.
Potentially hazardous locations such as street intersections and
'
walkways shall be individually illuminated with a minimum level of six
tenths (0.6) footcandle.
'
C. The manufactured home park owner and operator shall be
responsible for refuse collection. Refuse containers shall have a
' minimum of twenty (20)-gallon capacity and a maximum forty (40)-
gallon capacity, and such containers must be provided for each
manufactured home space. All refuse containers shall be located no
' greater than 100 feet from each manufactured home. All refuse
containers shall be placed on racks, platforms, or in stands for
storage purposes. Such racks, stands, or platforms shall be
constructed to prevent spillage and shall provide a minimum of
' twelve (12) inches of clear space beneath them to facilitate cleaning
and prevent rodent harborage. All refuse containers shall be
covered with a tightfitting lid, and containers shall be emptied no less
' than twice a week. Manufactured home parks shall be kept free of
junk, cans, buckets, old tires, junk automobiles, and other items that
may hold water and provide breeding places for mosquitoes.
1
77

d. All manufactured home parks shall provide an approved system for '
fighting fires. Such an approved system shall be approved by the
town fire chief. The system must provide adequate fire protection to '
all manufactured homes within a park, and such equipment or
system may include storage tanks connected to a fire hose system.
Other methods of fighting fires may be approved by the town fire '
chief.
e. All manufactured home parks shall provide an adequate stormwater '
drainage system to provide for proper runoff of stormwater. At no
time shall a drainage system be so constructed as to permit the
freestanding of water which may stimulate breeding places for '
mosquitoes. The location of a storm drainage system shall not be
closer than twenty-five (25) feet to a septic drainage field.
(3) Manufactured home stands and anchors. ,
a. The manufactured home space shall be improved to provide an ,
adequate area for placement and anchoring of a manufactured
home, thereby securing the structure against uplift, sliding, rotating,
and/or overturning during high winds. A foundation pad may be of
concrete. ,
b. Each manufactured home stand shall be provided with screw plates
(minimum size plate six (6) inches with a 41/2 foot shaft attached to '
the manufactured home by means of a cable or approved metal
strap of sufficient strength to secure the structure against uplifts,
sliding, rotating, or overturning caused by wind pressures in excess '
of thirty-five (35) miles per hour) which transverse the manufactured
home at the roof. Each plate shall be four feet underground.
Anchor assemblies shall be placed at each corner of the '
manufactured home stand and at intervals as required by the
building inspector.
C. If the manufactured home stand is constructed of concrete, the '
building inspector may allow the manufactured home to be anchored
to the stand instead of being placed the required four feet '
underground.
(4) Service administration and other buildings. '
a. Manufactured home parks with twenty (20) or more manufactured
home spaces shall contain an administrative office. Other
administrative and service buildings housing sanitation and laundry
facilities or any other such facilities shall comply with all applicable
installations, plumbing and sanitation codes.
78 '

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79

1
b. All service buildings, commercial structures, and the grounds of the
park shall be maintained in a clean condition and kept free from any
condition that will menace the health of any occupant or the public '
or constitute a nuisance.
(5) Manufactured home park recreation areas. All manufactured home parks '
shall provide a minimum of 200 square feet of recreation area per each
manufactured home space within the park. Such recreational space for
parks shall be in a central location within the park and shall be accessible
for all occupants of the manufactured home park, provided that the planning
board may vary the required recreational area per space for parks of ten
spaces or less. Additionally, the planning board may require a minimum of '
one-half acre for parks of 100 spaces or more.
(6) Structural additions. All structural additions to manufactured homes, other
than those which are built into the unit and designed to fold out or extend
from it, shall be erected only after a building permit shall have been
obtained, and such additions shall conform to the building code of the town. '
The building permit shall specify whether such structural additions may
remain permanently, must be removed when the manufactured home is
removed, or must be removed within a specified length of time after the '
manufactured home is removed. Structural alterations existing at the time
of passage of this ordinance shall be removed within thirty (30) days after
the subject manufactured home is moved, unless attached to another
manufactured home on the same site within that thirty (30)-day period. ,
(7) Management. In each manufactured home park, the permittee or duly
authorized attendant or caretaker shall be responsible at all times to keep
,
the manufactured home park, its facilities, and equipment in a clean, orderly,
safe, and sanitary condition.
'
(8) Space numbering system. Upon the adoption of this section, all approved
manufactured home parks shall institute a space numbering system that will
correspond to the manufactured home park plan as approved by the
'
planning commission. Each manufactured home space shall be numbered,
and such numbers shall be displayed in a visible manner so as to facilitate
space location. Such individual numbers shall be posted on the
'
manufactured home, on a display post not greater than two feet in height,
or displayed in such a manner so as to be acceptable to the enforcement
officer.
(9) Compliance. Manufactured home parks now in existence, which do not
comply with the provisions of this ordinance, shall be nonconforming.
,
80 1

'
(d) 9 p Design Standards and Specifications for Travel Trailer Parks:
' (1) Site Development.
a. Every travel trailer park shall contain at least twenty-five(25) spaces.
' b. Every space shall consist of a minimum area of 2,000 square feet.
Each space shall be designated on the ground by permanent
markers or monuments.
C. Parking spaces sufficient to accommodate at least one motor and
' camping vehicle shall be constructed within each space. No more
than one camping vehicle may be parked on any space.
' d. All spaces developed adjacent to a public street shall be setback a
minimum of forty (40) feet from the street right-of-way.
' e. All spaces shall be located on sites with elevations that are not
susceptible to flooding. The spaces shall be graded to prevent any
water from ponding or accumulating within the park. Each space
' shall be properly graded to obtain a reasonably flat site and to
provide adequate drainage away from the space.
' f. The park shall have all-weather roads that directly abut each space.
All road rights -of -way shall have a minimum width of twenty (20)
feet. Rights -of -way for one-way roads may have a minimum width
' of twelve (12) feet. In areas of heavy vehicle use, wider rights -of -
way shall be required.
'
g. No space shall have direct vehicular access to a public road.
h. The park shall be developed with proper drainage ditches. All banks
shall be sloped and seeded.
i. Culs-de-sac or dead-end roads shall not exceed 600 feet in length
'
measured from the entrance to the center of the turnaround. Any
road designed to be permanently closed shall have a turnaround at
the closed end with a minimum right-of-way diameter of sixty (60)
'
feet.
j. When the park has more than one direct access to a public road
'
they (it) shall not be less than 300 feet apart or closer than 300 feet
to a public road intersection unless unusual site conditions demand
otherwise.
' k. Each park shall have a central structure or structures that will
provide separate toilet and bath or shower facilities for both sexes.
This structure may also contain a retail sales counter and/or coin
' operated machines for the park residents' use only, provided there
81

(2)
is no exterior advertising. Vending machines may also be permitted
in a sheltered area.
I. No swimming pool or bathing area shall be installed, altered, t
improved, or used without compliance with applicable regulations.
No bathing area shall be used without the written permission of the ,
Carteret County Health Department.
M. Signs for identification of parks: Not more than two signs with a total
area of not more than sixty-four (64) square feet for each sign may
be permitted. Signs shall be located on park property, but no closer
than ten feet to any property line and road right-of-way. Only
indirect nonflashing lighting may be used for illumination, and the
'
sign must be constructed in such a manner as to prevent a direct
view of the light source from any public right-of-way.
'
Sanitary facilities, water supply, sewerage, refuse collections and electricity.
a. Sanitary facilities.
,
-- All toilet, shower, lavatory, and laundry facilities shall be
provided and maintained in a clean and sanitary condition
,
and kept in good repair at all times. They shall be safely and
adequately lighted. Facilities shall be easily accessible and
conveniently located. All toilet, shower, lavatory, and laundry
'
room facilities shall be acceptable to the health department
and shall be in conformity with all local codes.
'
-- All buildings shall be constructed in accordance with the
building codes of the county.
'
b. Water supply. A safe, adequate, and conveniently located water
supply must be provided for each park. No water supply shall be
installed, altered, or used, without the written permission of the
appropriate local or state agency.
C. Sewage disposal. I
-- Sewage dumping stations shall be approved by the
appropriate state or local agency. Each park shall provide at
least one sewage dumping station.
-- No method of sewage disposal shall be installed, altered, or '
used without the written permission of the reviewing
department. All sewage wastes from each park, including
wastes from toilets, showers, bathtubs, lavatories, wash '
basins, sinks, and water using appliances not herein
mentioned, shall be piped into the park's sewage disposal
system or systems. ,
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83

(e)
d. Refuse collection and disposal.
-- The park owner is responsible for refuse collection. All
refuse shall be collected at least twice weekly, more if the
need is indicated.
-- Storage, collection, and disposal of refuse shall be so
managed as not to create health hazards, rodent harborage,
insect -breeding areas, accidents, fire hazards, or air
pollution.
— All refuse shall be stored in conveniently located leakproof,
rodent proof containers with tightfitting lids. One such can
with a capacity of at least twenty(20) gallons shall be
provided for every two spaces. Garbage cans shall be
located no farther than 100 feet from any trailer space.
-- Racks or concrete platforms shall be provided on which to
store containers for refuse. Such container racks or
platforms shall be so designed as to prevent tipping and to
minimize spillage.
e. Where electrical service is used, the installation and use of such
facilities shall conform with all applicable codes. Such facilities shall
be inspected by the electrical inspector.
(3) Manufactured homes.
a. It shall be unlawful for a person to park or store a manufactured
home in a travel trailer park for longer than seven (7) days.
However, one manufactured home may be allowed within a travel
trailer park to be used as an office and/or residence of persons
responsible for the operation and maintenance of the travel trailer
park.
Registration of Parks:
It shall be the duty of the operator of a manufactured home and/or travel trailer park
to keep an accurate register containing a record of all occupants of the park. The
operator shall keep the register available at all times for inspection by law
enforcement officials, public health officials, and other officials whose duties
necessitate acquisition of the information contained in the register. The register
shall contain the following information:
(1) Name and addresses of the occupants of each space;
(2) Date entering and leaving the park; and
(3) The license number of each vehicle (car, truck, camping vehicle, etc.) with
state of issuance, make and type of vehicle.
84

10.3.12 Use --Manufactured Structure Individual for0WIce and/or Exhibition 12
'
months or less)
(a)
Special use district: All districts except R-MF and O-S.
(b)
Minimum lot area: None.
(c)
Parking: One space for each person employed in the office at any given
'
time during a twenty-four (24) hour period.
(d)
Requirements: A temporary certificate of occupancy/compliance allowing
manufactured homes used solely as offices or for purposes of exhibition to
'
be temporarily parked, maintained and/or occupied on a designated lot or
land location, may be issued by the Director of Planning where the Board of
Adjustment finds as a fact that the use of such manufactured home does not
'
violate the town, state, or Carteret County health regulations. All such
certificates of occupance/compliance shall be valid for a period of twelve (12)
'
Months, after which they may be renewed upon similar evidence of use of
such manufactured home.
(e)
Notwithstanding the foregoing, a certificate of occupancy/compliance maybe
'
issued for a manufactured home for use as a temporary field office for
contractors by the Director of Planning without approval of the Board of
Adjustment if the manufactured home:
'
located the
(1)
and the structure under consideration are on same property;
(2)
is not moved to the site more than thirty (30) days prior to construction and
'
is not removed later than thirty (30) days after construction has been
completed;
'
(3)
is not used for any other purpose other than that connected with on -site
construction;
'
(4)
is justified by the size and nature of the construction project; and
(5)
is for a period not to exceed eighteen (18) months;
'
(6)
is utilized only incidental to on -site construction during daylight hours and
not for residential living quarters;
'
(7)
sanitary facilities are connected with an approved sewer system.
' 10.3.13 Use -- Municipal, County, State, and Federal Governmental Town Halls, Police
Stations, Fire Stations, Museums, Post Offices, Office Buildings, Libraries,
Governmental Offices, and Related Types of Uses
I(a) Special Use District: R-20, R-15, R-10, and R-8
1
85

(b) Minimum lot area: None.
(c) Screening and fencing: A solid fence or solid wall not less than six (6) feet high, or
the maximum applicable fence height limitation where the lot abuts a residential lot.
(d) Plans are required and must show:
(1) Structures: Location of buildings and sign; and size of the plan.
(2) Circulation: Proposed points of access and egress and pattern of internal
circulation.
10.3.14
(a)
(b)
(c)
(d)
(3) Parking: Layout of parking spaces.
(4) Lighting: Lighting plan, inclusive of wattage and illumination.
Use -- Nursing Home, Rest Home, Assisted Living Facility, and Home for the
Aged
Special use district: R-20, R-15, R-10, PUD, and 0&1
Minimum lot area: Minimum lot area of district in which located plus1,000 square
feet for each person to be accommodated.
Parking: One space for each regular employee plus one space for each four (4)
persons to be accommodated.
Plans are required and must show:
(1) Topography: Topography of the site at contour intervals not greater than
two (2) feet.
(2) Structures: Location and approximate size of all existing and proposed
buildings and structures within the site and on the lots adjacent thereto.
(3) Circulation: Proposed points of access and egress and pattern of internal
circulation.
(4) Parking and loading: Layout of parking spaces.,
(e) Other requirements:
(1) Must meet all requirements for licensing by the State of North Carolina.
(2) Types of surfacing, slope, grade and cross-section of drives, sidewalks,
walls, etc.
(3) Erosion and sedimentation control plan.
(4) Lighting plan, inclusive of wattage and illumination.

(5) All plans and construction details must meet current specifications of the
Town of Beaufort.
(6) Size and proposed location of any signs.
(7) Proposed solid waste storage facilities.
10.3.15 Use -- Offices, Medical, Dental, and Other Professional Offices
(a) Special use district: R-8
(b) The following professional offices as determined by the zoning administrator may
be allowed in a residential district, subject to the following requirements and
conditions:
(c) Medical clinic, doctor's office, dental office, optometrist's office, attorney -at -law,
certified public accountant, a general contractor excluding the outside storage of
equipment or supplies, engineers, architect, insurance office, appraisers, travel
agencies, or a duly licensed real estate broker meeting the requirements of chapter
93A of the North Carolina General Statutes.
I(d) The above special uses shall be required to comply with the following requirements
and conditions:
(1)
The requirements of the district in which the use is being proposed must be
'
met including minimum lot width, minimum lot size, minimum yard sizes,
maximum building height, and sign regulations for the residential district.
(2)
Off-street parking and loading requirements required by section 11 shall be
'
meta
(3)
A copy of the final building plans, lot layout, and drawings, renderings, or
'
photographs of the exterior of the building must be submitted to the board
of adjustment for approval as an additional condition and requirement of the
special use permit.
(4)
The exterior of any building proposed on the lot must fit in with and be
'
compatible with houses in the surrounding neighborhood and within 300 feet
on each side of the proposed use, and similar characteristics as houses in
the general neighborhood must be used, including but not limited [to]:
a. A pitched roof;
b. Residential -type windows and sashes;
'
C. Brick, wood, or other exterior siding in use in the neighborhood.
(5)
All off-street parking must be located in the rear yard of the proposed use
'
unless this requirement is varied by the board of adjustment.
10.3.16 Use
-- Private Recreation Club or Swimming Club (Not Operated as a
tBusiness
for Profit)
(a) Special use districts: R-20, R-15, R-10, R-8, R-8A, R-5, PUD, and O&I.
1
87

(b) Minimum lot area: Swimming club -- one (1) acre for each forty (40) club members
(or families). Private nonprofit clubs having only a swimming pool with bathhouse
facilities and open only during the swimming season are exempt from the minimum
lot area requirement if all activities and facilities (other than parking) are located no
closer than fifty (50) feet to any property line.
(c)
(d)
(e)
(f)
Parking: One (1) space for each five (5) members (or families).
Screening and fencing: The swimming pool area shall be enclosed by fencing not
less than five (5) feet in height.
Plans are required and must show:
(1) Structures: Location and approximate size of all existing and proposed
structures and playfields on the site.
(2) Parking: Layout of parking spaces and traffic circulation.
Other requirements:
(1) There shall be provided, in any swimming pool, water area at a depth of five
(5) feet or less in the ratio of seven and two -tenths (7.2) square feet per
member (or family). Water areas deeper than five (5) feet shall not be
included as a part of the minimum pool area to satisfy this requirement.
(2) No improvements, structures, sidewalks or play areas or equipment shall be
closer than fifty (50) feet to any adjoining property lines. Parking areas may
be permitted within twenty (20) feet of any adjoining property line if the
above -mentioned twenty (20) foot strip is used for planting designed to grow
at least three (3) feet thick and six (6) feet high.
(3) Adjacent to swimming pools there shall be provided paved patio area(s) in
the ratio of two (2) square feet of paving for each square foot of water area
that is five (5) feet or less in depth.
7
(4) Lights shall be located and shielded so as not to adversely affect adjacent '
property.
Use -- Pumps, Electric Substations, and Kindred Devices
Special use districts: All districts except R-MF and O-S.
Minimum lot area: No minimum lot size required.
Parking and Loading: One (1) space for each regular employee employed primarily
at the site at any given time.
(d) Screening and Fencing: A screen of not less than six (6) feet in height of dense
plant material shall be provided where lot abuts a residential lot. Electrical
substations shall be enclosed by a fence not less than eight (8) feet in height with
three strands of barbed wire turned out at the top.
FL-1
R

(a)
(b)
(c)
Plans are required and must show:
(1) Structures: Location and approximate (size) of all existing and proposed
structures within the site, and all buildings and structures within 100 feet.
(2) Circulation: Proposed points of access and egress.
(3) Parking and loading: Location and arrangement of all proposed off-street
parking.
(4) Other Details: Proposed provisions for fencing and other protective
screening at the lot lines adjacent to abutting residential property.
Use -- Radio or Television Transmitter (Commercial)
Special use districts: B-2, L-I, and I-W.
Minimum lot area: At least three (3) acres in area.
Parking and loading: One space for each regular employee employed at the site
at any given time.
(d) Plans are required and must show:
(1) Structures: Location and approximate size of all existing and proposed
structures within the site and within 1,000 feet.
(2) Circulation: Proposed points of access and egress.
(3) Parking and loading: Proposed off-street parking.
(4) Other details: Protective fencing at least six (6) feet high with three (3)
strands of barbed wire turned out and ten (10) feet from the perimeter of the
antenna base shall be established.
10.3.19 Use -- Rehabilitation Facility
(a) Special use districts: B-2 and O&I.
(b) Minimum lot area: None.
(c) Parking and loading: One space for every five (5) temporary residents or fraction
thereof plus one (1) parking space for each employee on the premises.
(d) Sign: One (1) sign, not exceeding one (1) square foot in area, which shall be flat -
mounted against the building or fence.
(e) Other requirements: All rehabilitation residences shall be licensed and/or
sponsored by the appropriate state or local agency.
10.3.20 Use -- Schools, Public and Private.
' 89

(a) Special use districts: R-20, R-15, R-10, R-8, R-8A, R-5, PUD, and O-I.
(b) Minimum lot area: The minimum lot area for the school shall be computed based
upon the highest grade within the school. The minimum lot area shall be as follows:
(1) Kindergarten through seventh grade --200 square feet of land area per
student in all grades.
(2) Kindergarten through ninth grade --300 square feet of land area per student
in all grades.
(3) Kindergarten through twelfth grade --400 square feet of land area per
student in all grades.
(c) Plans are required and must show:
(1) Structures: Location and approximate size of all existing and proposed
buildings and structures within the site and on the lots adjacent thereto.
(2) Circulation: Proposed points of access and egress and pattern of internal
circulation.
(3) Parking and Loading: Layout of parking spaces.
(4) Other Requirements:
a. Shall have minimum side and rear yards of at least fifty (50) feet.
b. All accessory buildings and related uses shall be at least twenty-five
(25) feet from the nearest property line.
C. An off-street loading and unloading area for vehicles carrying pupils
shall be provided.
10.3.21 Use -- Telecommunication Tower
(a) Special Use Districts: B-1-, B-2, L-I, and I-W.
(b) The following conditions must be satisfied:
(1) Guy -wire towers shall not be permitted.
(2) The co -location of towers shall be encouraged.
(3) Height of communications towers shall be regulated by the Federal Aviation
Administration.
(4) Communication tower locations are prohibited in front yards.
.0

11
(5)
All communication towers shall be in compliance with the
'
Telecommunications Act of 1996.
6
()
According to the Federal Radio Frequency Emission Standards local
9 q Y
'
governments have no ability to prohibit towers on the basis of environmental
or health concerns.
(7)
All communication towers shall comply with the Federal Radio Frequency
Emission Standards.
(8)
The board of adjustment may deny a permit based upon a towers influence
'
on property values or an aesthetic concern.
(9)
A minimum lot size of one half 1/2 acre per tower shall be set. No variances
'
shall be allowed.
(10)
Accessory structures on the ground which contain switching equipment, or
'
other electrical equipment are to be designed to resemble the
neighborhood's basic residential house design, or to match the architecture
and style of the principal use on the property.
(11)
Landscaping/screening is required as approved by the planning board.
(12)
A six (6) foot high protective barrier shall be required around the base of the
'
tower. The barrier shall be a masonry wall, chain link fence, solid wood
fence, or opaque barrier.
(13)
Setback requirements shall be according to the zoning district in which the
'
tower is located.
(14)
The tower shall be lighted to satisfy Federal Aviation Administration
requirements.
(15)
All towers shall be removed within 90 days following abandonment.
(16)
When a tower is blown over or inoperable, or in cases where the owner
shows no intention to repair a tower, the tower shall be removed by the
owner within 180 days following damage or termination of operation.
(17)
All advertising signage is prohibited.
(18)
All towers shall be painted blue or gray if not otherwise required by the
Federal Aviation Administration.
'
(19)
The owner must provide adequate insurance coverage for any potential
damage caused by or to the tower.
'
(c) Plans
are required and must show:
' (1) The following information shall be required on all site plan application for
towers:
' 91

a. Identification of intended user of tower.
b. Documentation by registered engineer that tower has sufficient
structural integrity to accommodate more than one user.
C. Documentation that no suitable existing facilities within coverage
area are available to applicant.
d. Statement from owner indicating his intent to allow shared use of the
tower and how others will be accommodated.
e. Evidence that property owners of residentially zoned/used property
within 300' of base would be notified by application before it is heard
by the Board of Commissioners.
f. Documentation that towers over a certain height are absolutely
necessary for the provision of service (i.e., a tower up to 196' cannot
provide a reasonable level of service).
(2) The Board of Adjustment shall determine if a tower is in harmony with the
area and compatible with adjacent properties, and can consider the
aesthetic effects of the tower as well as mitigating factors concerning
aesthetics and may disapprove a tower on the grounds that such aesthetic
effects are unacceptable and that a new site should be proposed. The
following factors shall be considered:
a. Protection of the view in scenic areas, unique natural features, '
scenic roadways, historic sites, etc.
b. Prevent the concentration of towers in an area.
C. Height, design, placement, and other characteristics could be
modified to have a less intrusive visual impact. ,
10.3.22 Use -- Telephone Exchange Operation
(a) Special use districts: All districts except O-S. '
(b) Minimum lot area: None. '
(c) Parking and Loading: One space for each two (2) regular employees.
(d) Screening and Fencing: A screen of not less than six (6) feet in height of dense '
plant material shall be provided where lot abuts a residential lot or a lot zoned
exclusively for residential purposes.
(e) Plans are required and must show: '
(1) Structures: Location of existing and proposed structures within the site, and I
all buildings and structures within 200 feet thereof.
(2) Circulation: Proposed points of access and egress. ,
(3) Parking and loading: Location and arrangement of all proposed off-street
parking.
(4) Other Details: '
92 '

10.3.23
(e)
(a) Proposed provisions for fencing and other protective screening at
the lot lines adjacent to abutting residential property.
(b) Anticipated service area of the facility to be constructed.
Use -- Two -Family Dwelling
Special use districts: R-5 and R-8.
Minimum lot size: R-5 = 9,000 square feet; R-8 = 11,000 square feet.
Plans are required and must show:
(1) Front, side, and rear elevations of the proposed structure(s).
(2) Location of existing and proposed structure(s) within the site.
Location of buildings and structures adjacent to the site.
(3) Proposed points of access and egress.
(4) Parking.

SECTION 11. OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS '
11.1 General Regulations ,
The off-street parking and loading requirements shall apply to all districts and special uses. ,
If structures or uses are enlarged, expanded or changed, there shall be provided off-street parking
for the enlargement or expansion in accordance with the ratios contained herein. If existing land
uses are converted to another type of land use or classified by the ordinance, then the off-street '
ratios as contained herein must be complied with.
Off-street parking space (either garage or properly graded open space) shall be provided '
in accordance with the requirements set forth below in all classes of districts. Such spaces may
be provided in a parking garage or paved open area. Paved open areas may be masonry,
concrete, asphalt, or alternative paving surface such as turfstone which provides reduced '
stormwater runoff.
Each application for a certificate of occupancy/compliance submitted to the Building
Inspector as provided for in Section 6 shall include information as to '
(a) location and dimensions of off-street parking and loading space,
(b) distance between that parking/loading space and the street or alley, '
(c) ingress and egress of the property.
This information shall be in sufficient detail to enable the Building Inspector or his designee '
to determine whether or not the requirements of this ordinance are met.
The certificate of occupancy/compliance for the use of any building, structure or land where ,
off-street parking or loading space is requiredshould be withheld by the Building Inspector until
provisions of this section are fully met. If at any time such compliance ceases, any certificate of
occupancy / compliance which shall have been issued for the use of the property shall immediately '
become void and of no effect.
Where parking or loading areas are provided adjacent to a public street, ingress or egress
'
thereto shall be made only through driveways or openings not exceeding twenty-five (25) feet in
width at the curb line of said street, except when the Building Inspector or his designee finds that
a greater width is necessary to accommodate the vehicles customarily using the driveway.
,
No part of an off-street area required for any building or use for the purpose of complying
with the provisions of off-street parking requirements in this ordinance shall be included as part of
'
any off-street parking area similarly required for another building or use unless the times of usage
of such buildings or uses will not be simultaneous.
Off-street parking space shall be located on the same lot as the use for which provided or
'
on a separate lot within 200 feet of any entrance to a building, provided that such parking space
land is owned by the owner of the building or leases for the same period of time as the building.
94

n
The off-street parking requirements for two or more uses on the same lot may be combined
and used jointly, provided that the parking space shall be adequate in area to provide the same
total off-street parking requirements with all such uses.
No parking shall be provided that would necessitate the automobile backing onto any street
right-of-way. Sufficient maneuvering space shall be provided on the lot to enable the motorist to
enter all street rights -of -way in a forward direction, with the exception of individual lots in residential
districts.
All off-street parking spaces shall be clearly marked and provided with wheel or bumper
guards so located that no part of parked vehicles will extend beyond the parking space onto any
public right-of-way and adequate driveways to safely access all parking spaces.
11.2 Off -Street Parking for Other Districts
For all remaining districts other than central downtown and the waterfront commercial
districts, off-street parking or automobile storage shall be provided on every lot on which any
permitted or conditional use is allowed in accordance with the zoning district's uses. In the event
that the parking space cannot be reasonably provided on the same lot where the users are located,
such space shall be provided on any lot or real property located within 500 feet of such use if said
lot or real property is located in a district other than the R-20, R-15, R-10, or R-8 districts.
Provided, the board of adjustment may authorize a conditional use permit for off-street parking
facilities on a residentially zoned lot within 500 feet of such use if the specifications established in
section 11.1 are met.
11.3 Off -Street Loading Requirements
Except within the central downtown and waterfront commercial districts, off-street loading
space shall be provided for all retail business, wholesale, and industrial uses as well as for any
expansion of such uses or change in use requiring the regular delivery or shipping of goods,
merchandise or equipment to the site by semi -trailer trucks, in accordance with the requirements
of this article. Loading required by development within the central downtown or waterfront
commercial district shall be provided through access to approve on -street loading spaces and/or
public alleys provided or approved in conformance with the Town of Beaufort public works
department's street and loading space plan and the requirements of the Town of Beaufort police
department.
11.4 Minimum Off -Street Parking Space Requirement
(a) Mixed uses. In the case of mixed uses, the total requirements for off-street parking
shall be the sum of the requirements for the various uses computed separately.
(b) Combined parking. Up to one-half (1/2) of the parking spaces required for one use
may be used to satisfy the parking requirements for either a second use on the same zoning lot
or a use for which the provisions of subsection 11.2(a) above are utilized, subject to certification
by the zoning administrator that such joint usage of parking complies with the following provisions
95

'
(1) The peak usage of the parking facility by one (1) use will be at night or on
Sundays (such as with theaters, assembly halls, or churches), and the peak
usage of the parking facility by the second use will be at other times.
,
(2) The second use is an ancillary use to the first use, such as restaurants and
meeting rooms to inns, hotels, and motels.
'
(c) Specific requirements. The following minimum parking space requirements shall
apply for the appropriate use classification. A reduction of up to twenty (20) percent of the
minimum number of required parking spaces may be permitted through the granting of a minor
variance by the Board of Adjustment if, based on substantial evidence in the record of its
proceedings, the board finds that compliance with the full minimum off-street parking space
requirements of this section would necessitate the removal of or would seriously endanger
significant specimen trees on or adjacent to the zoning lot for which such parking is required.
Use Classification
Parking Space Requirement
Airport terminal and base operations
1 parking space for every 3 permanently based aircraft
1 space for each 2 employees at maximum employment
on a single shift
1 space for each 200 square feet of gross floor area
within the terminal or FBO building
1 space for each 3 passenger seats within the terminal
Temporary loading and unloading spaces for terminal
operations at a ratio of 1 space for each 3 seats
Auditorium, stadium, or theater
1 space for each 5 seats
Automobile sales and repair
1 space for each 2 employees at maximum employment
on a single shift, plus 2 spaces for each 300 square feet
of repair or maintenance space
Barber and beauty shops
1 space for each employee on duty and 2 spaces for
each chair located on the property
Boat launching ramps
25 boat trailer spaces (minimum) at least 12 feet by 40
feet.
Bowling alleys
2 spaces for each alley, plus 1 additional space for each
2 employees
Charter and party boats
4 automobile spaces per vessel
Churches
1 space for each 4 seats in the main chapel
Community or Private Swimming Clubs 1 space for every 5 memberships
Day care centers, kindergartens and 1 space for each employee and 1 additional space for
nurseries each 6 children as shown on the State of North Carolina
permit or license for said facility so as to provide for
temporary parking for the pick up and discharge of
children by their parent, guardian, or custodian
Dwelling unit having home beauty or barber 2 additional spaces
shop
96

Use Classification
Parking Space Requirement
'
Elementary schools and junior high schools,
1 space for each employee
both private and public
'
Excursion or cruise boats (with or without
dining facilities and with or without lodging
1 space for each 4 passengers and 1 space for each 4
employees at maximum employment on a single shift
facilities), using Beaufort as a point of
embarkation
'
Flea market or farmer's market
The parking area shall be equal to or exceed the area
allocated to the display of commodities and pedestrian
walkways
'
Hospitals
1 space for each 4 patient beds, plus 1 space for each
staff or visiting doctor, plus 1 space for each 4
'
employees
1 for 5 in
Institutions and Clubs
space every seats principal assembly room
Marina and accessory uses:
Dry boat storage
1 automobile space per 4 dry boat spaces
Wet boat storage
1 automobile space per 4 wet boat storage spaces
Accessory uses
1 space for each 2 employees at maximum employment
on a single shift, plus 2 spaces for each 300 square feet
'
of repair or maintenance space
Marine services and repairs
1 space per 4 dry boat storage spaces, 1 space per 4
wet boat storage spaces, 1 space for each 2 employees
'
at maximum employment, plus 2 spaces for each 300
square feet of repair or maintenance space.
Medical office and clinics.
4 spaces for each doctor practicing at the clinic, plus 1
'
space for each employee
Manufactured home parks
2 spaces for each trailer house
11
Mortuary or funeral home
Motels, tourists homes, tourist courts, and
hotels
Museums, libraries, visitor centers, and
similar cultural facilities
1 space for each 4 seats in each chapel or family room,
or 50 spaces for each chapel or family room, whichever
is greater
1 space for each room in the motel, hotel, or tourist
home, plus 1 additional space for each 3 employees
1 space per 550 square feet of gross floor area
Offices, professional, business or public, 1 space for each 200 square feet of gross floor area
including banks
Places of public assembly, including private
1 space for each 4 seats provided for patron use, plus 1
clubs, and lodges, auditoriums, dance halls,
space for each 100 square feet of floor or ground area
pool rooms, theaters, stadiums,
used for amusement or assembly, but not containing
gymnasiums, community centers,
fixed seats.
amusement parks, armories, and all
similarly places of public assembly
Restaurant, drive-in, or similar uses 5 square feet of parking area for each 1 square foot of
designed for curb -type services gross floor area; provided further, however, that no
facility shall have less than 15 spaces
97

'
Use Classification
Parking Space S Requirement
q
Restaurants
1 space for each 3 seating accommodations, plus 1
space for each 2 employees on the shift of largest
employment
Retail business
1 space for each 200 square feet of gross floor area
,
Roominghouses and boardinghouses,
1 space for each 2 guest rooms plus 1 additional space
including bed and breakfast
for the owners, if resident on the premises
Sanitariums, rest or convalescent homes,
1 space for each 4 patient beds, plus 1 space for each
'
homes for the aged, and similar institutions
staff or visiting doctor, plus 1 space for each 2
Senior high schools and colleges, both
employees
1 space for each 5 students for whom the school was
'
public and private
designed, plus 1 space for each employee
Service stations 2 spaces for each gas pump plus 3 spaces for each '
grease rack or similar facility
Shopping centers 2 square feet of parking area for each square foot of
gross floor area '
Two-family and multi -family dwellings Two-family or multi -family dwellings erected must
provide a minimum of 2 parking spaces for each
individual unit with 1 or more bedrooms and 1 additional ,
space for each additional bedroom over 2
Wholesaling and industrial 1 space for each 2 employees at maximum employment
on a single shift '
In the case of a use not listed above, the minimum parking space requirement shall be '
determined by the zoning administrator, and in making such determinations, the zoning
administrator shall be guided by the requirement for similar uses and the number and kind of
vehicles likely to be attracted to the use. The decision of the zoning administrator is subject to '
review by the Beaufort Board of Adjustment.
11.5 Use of Required Parking and Loading Space ,
Required parking areas shall be available for the parking of operable vehicles of customers,
residents and employees, as appropriate. Required parking areas shall not be used for the storage '
of vehicles or materials, or for the parking of vehicles used for loading or unloading, or in
conducting the use. Additionally, the parking of automobiles by employees of uses within the
central downtown and waterfront commercial districts is discouraged. ,
Required loading space shall be available for the loading and unloading of vehicles, and
shall not used for the storage of vehicles or materials, or to meet off-street parking requirements, '
or in conducting the use.
No off-street loading space is required in the central downtown and waterfront commercial
districts. ,
98

'
11.6 Parking
Design Standards
'
(a) All parking areas shall meet the following minimum design requirements:
(1)
Each automobile parking space shall be not less than 162 square feet in area,
'
exclusive of adequate ingress oregress drive, landscaping and maneuvering space.
(2)
Each space shall be provided with vehicular access to a street or alley.
'
(3)
If the parking areas are located in a residential area, no parking space shall be
located in the setback areas of the lots applicable for the zoning district.
'
(4)
Except for single- or two-family dwellings, all parking spaces and maneuvering
space shall be surfaced with an all-weather material, which shall be maintained in
'
a safe, sanitary, and neat condition.
(5) No parking area or maneuvering space shall be located within a street right-of-way.
'
Parked vehicles in off-street parking spaces shall be prevented from intruding on
travel lanes, walkways, public streets, or adjacent properties by means of walls,
curbs, wheel stops, or similar appropriate means.
'
(6)
Except for single- or two-family dwellings or for attendant parking, each parking
space shall be arranged so that any vehicle may be parked and unparked without
'
moving another vehicle.
(7)
Except for single- or two-family dwellings, parking spaces shall be provided with
adequate aisles or turnaround areas so that all vehicles may enter adjacent streets
'
in a forward manner.
(8)
Parking facilities shall be designed to connect with parking facilities on adjacent
'
zoning lots, where appropriate, to eliminate the need to use the abutting streets for
cross movements.
(9)
All off-street parking facilities shall be provided with an adequate drainage system.
(10)
All parking areas for uses required to have the spaces for parking after 6:00 p.m.,
which contain a minimum of five (5) spaces, shall have adequate lighting equipment
for the parking facilities. Except for residentially zoned property, all off-street
'
parking is to be lighted.
11
( )
All parking facilities designed to accommodate twenty-five 25 or more vehicles
p 9 9 Y ( )
shall provide, as part of the required number of parking spaces, one handicapped
parking space at least twelve (12) feet in width for every fifty (50) standard parking
spaces, or major fraction thereof. Such spaces shall be clearly defined and
reserved for the exclusive use by handicapped persons.
99

D
(b) In order to reduce heat from parking services, to reduce wind and air turbulence, to reduce
noise, to reduce the glare of automobile lights, and to protect and preserve the appearance,
character and value of adjacent properties, the following parking landscaping requirements shall '
be applicable to all parking facilities having five (5) or more spaces:
(1)
Entry ways into parking facilities shall be bordered by a buffer strip of trees or
,
shrubs having a minimum width of four (4) feet and of suitable size and shape to
serve as a buffer.
'
(2)
The parking facility shall be screened from adjacent streets and from adjacent
properties by means of an effective screening device which is at least four (4) feet
in height above the grade of the edge of the parking area.
'
(3)
An appropriate screening device or a vegetative buffer herein may include solid
decorative brick walls, wood fences, berms, tight evergreen hedges, or similar
shrubs which shall reach the required height within two (2) years of planting, or any
,
combination herein.
(4) .
The retention of existing significant vegetation on each parking site is encouraged.
'
11.7 Design
Standards for Loading Spaces
'
The followingdesign standards shall be applicable to loading spaces:
9 pp 9 p
(a)
Off-street loading spaces shall be located and arranged so that a semi -trailer truck
'
shall be able to gain access to and use such spaces by means of one continuous
parking maneuver.
'
(b)
Loading space shall observe the minimum street and interior setbacks established
for structures in the appropriate district in which the space is located.
'
(c)
All loading space and maneuvering space shall be surfaced with an all-weather
material which shall be maintained in a safe, sanitary, and neat condition.
'
(d)
No loading space shall be located so that a vehicle using such space intrudes on
travel lanes, walkways, public or public street, or adjacent properties.
(e)
Each required off-loading space shall have a minimum width of twelve (12) feet, a
minimum depth of fifty five (55) feet, and a vertical clearance of fourteen (14) feet
above finished grade of the space.
'
11.8 Special Use Permit for Off -Street Parking
For those uses for which the Board of Commissioners may authorize a special use permit ,
for off-street parking facilities on a residentially zoned lot within 500 feet of such use, the following
procedures and requirements shall be applicable: I
100 1

' (1) The applicant submits a written petition to the Board of Commissioners detailing the
proposed permitted or special uses which require the off-street parking, the off-
street parking requirements for said proposed uses, and the number of parking
spaces on the premises proposed for the parking facility.
'
(2)
The specific location of the proposed off-street parking facility.
(3)
The name and address of the owner of the property on which the off-street parking
'
facilities are proposed.
(4)
A map or plat completed by a registered surveyor or engineer showing the size of
'
the property and the layout of the proposed off-street parking facilities, including the
number of spaces, means of access to the facilities, improvements to be made to
the property for the accommodation of off-street parking facilities, including but not
'
limited to drainage, gravel, and/or paving area lighting, and any other particulars as
may be required by the Board of Commissioners.
t
(5)
A written agreement between the owner of the property on which the off-street
parking facilities are proposed and the applicant approving the use of the property
for the off-street parking facilities. The duration of said agreement shall be for such
'
time as the board of adjustment may approve, but shall be for not less than five
years, and shall provide for renewal if required in order for the applicant to continue
using the facility to meet his off-street parking requirements.
'
(6)
If the off-street parking is proposed on a residentially zoned lot, the requirements
of section 11.1 shall also be applicable.
'
(7)
In granting the special use permit for off-street parking facilities within a residential
zone, the Board of Commissioners may impose or require such additional
restrictions and standards as may be necessary to provide for the health, safety,
'
and welfare of the public and adjoining properties.
' (8) The Board of Commissioners is authorized to revoke any special use permit so
granted in the event the terms and conditions of said permit are not thereafter
complied with, upon ten days' written notice and a finding by the board at said
' hearing that one or more of the conditions have been violated.
11.9 Required Certificate of Occupancy
' No certificate of occupancy shall be issued upon completion of any building or groups of
buildings unless and until all off-street parking and loading requirements shown upon the plans or
made part of the building permit shall be in place and ready for use. The required parking spaces
' for any number of separate uses may be confined in one (1) lot, but the required spaces assigned
to one (1) use may not be assigned to another use at the same time, except in accordance with
this ordinance.
1
101

Parking Design Standards
Angle of parking row to driveway aisle
30 degrees
45 degrees
Depth of parking row
16.4'
18.7'
Width of parking space
9'
.91
Width of. aisle
10'
12'
60 degrees
90 degrees
Depth of parking row
19.8'
18'
Width of parking space
9'
9'
Width of aisle
20'
24'
Parallel parking spaces shall be at least twenty-two (22) feet in length and nine (9) feet in
width. Attached herewith is a drawing to scale showing the dimensional parking.
102

Parking Diagram
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103

SECTION 12. SIGN REGULATIONS
12.1 General Regulations
These regulations shall apply in all districts. With the exception of legal notices,
identification, information, directional or regulatory signs erected or required by governmental
bodies or otherwise specifically excepted herein, no exterior sign may be erected, painted,
repainted, posted, reposted, placed, replaced, or hung in any district, except in compliance with
these regulations.
With the exception of those signs specifically authorized in the preceding paragraph, no sign
may be erected without a permit from the Building Inspector. Each application shall include a
statement by the applicant attesting to compliance with the requirements of this ordinance. If
conditions warrant, the'Building Inspector or his designated agent may require such additional
information as will enable him to determine if such sign is to be erected in conformance with this
ordinance.
All signs shall be constructed and designed according to generally accepted engineering
practices, to withstand wind pressures and local distribution as specified in the N.C. State Building
Code.
No sign shall be permitted on any public right-of-way except as specifically authorized
herein. No sign shall be attached to or painted on any telephone pole, power pole, or other
manmade object not intended to support a sign, nor on any tree, rock or other natural object,
except as specifically authorized herein.
Signs shall not obstruct any window, door, fire escape, stairway, ladder or opening intended
to provide light, air, ingress or egress for any building, structure or lot.
No sign shall be erected or continued that would tend by its location, color or nature,
to be confused with or obstruct the view of traffic signs or signals, or would tend to
be confused with a flashing light of an emergency vehicle; or
Use words such as "stop," "go," "slow," "danger," etc., which might be confused with
traffic directional signs or signals; or
Obstruct the line of sight of motorists at intersections or along a public right-of-way.
All signs of a temporary nature shall be removed within one (1) week after their reason for
being has ceased to exist; provided, however, that when a shorter period of time is specified for
removal of signs elsewhere in this ordinance, the shorter time period shall be observed
All signs shall be maintained in a state of good repair. No sign shall be continued which
becomes structurally unsafe or endangers the safety of the public or property. The Planning Board
or its authorized agent, upon discovering or having brought to its attention evidence of an unsafe
sign, shall order that such sign be made safe or be removed. A period of five (5) days following
receipt of said notice by the person, firm, or corporation owning or using the sign shall be allowed
for compliance.
n
C
n
104

E
12.2 Projecting Signs and Devices
Projecting signs, outdoor advertising signs and similar overhanging devices, where they are
permitted; shall be at least ten (10) feet above the finished grade of any sidewalk or other walkway.
Signs attached to the underside of a canopy shall be at least nine (9) feet above the finished grade
of any sidewalk or other walkway. No sign shall extend closer than two (2) feet to a vertical plane
at any street curb line. Signs and canopies which extend into service street and alley rights -of -way
shall not interfere with passage of motor carriers using the service entrances to the rear and side
of commercial establishments adjacent to such rights -of -way.
12.3 Area Computation
For the purposes of this ordinance, sign area shall be computed by the smallest square,
triangle, rectangle, circle, or combination thereof which will encompass the entire sign including
lattice work, wall work, frame or supports incidental to its decoration. In computing the area, only
one (1) side of a double face sign structure shall be considered, provided the opposite side is
identical. Frames and structural members which do not bear any advertising matter, are not lit, or
are not designed to increase the sign face shall not be included in the computation of sign area.
When signs are painted or attached to walls or fences, only the area covered by the sign shall be
included in the computation.
12.4 Sign Illumination
Where illuminated signs are permitted, they shall conform to the following criteria:
Illuminated signs may have either interior or exterior source of illumination or a
combination of both.
- Interior illumination, where the source of illumination is from within the sign itself,
shall be such that the illumination emanating from the sign is diffused.
Exterior illumination, where the source of illumination is provided by such devices
as, but not limited to, flood or spot lights, shall be so placed and shielded as to
prevent the direct rays of illumination from being cast upon neighboring buildings
and/or vehicles approaching on a public right-of-way from either direction.
Illumination signs are required to be non -flashing; the illumination for the sign shall
not, either totally or in part, flash on and off except for public service information
signs as regulated by section 12.10.
12.5 Conditional Setback
If the lot on which a sign is to be located is zoned other than residential, but is immediately
adjacent to a lot zoned solely for residential use, a distance of at least twenty (20) feet shall
intervene between the closest part of such sign and the adjacent lot line of the property in the
residential zone. Provided further that all outdoor advertising signs shall conform to section 12.9
of this ordinance which requires such signs to maintain a 150 foot setback from a lot zoned
exclusively for residential purposes.
105

12.6 Multi -Family Development Identification Sian Regulations I
One identification sign shall be allowed for each multi -family development per street
frontage, provided that it does not exceed thirty-six (36) square feet in area, and does not contain
more than the following information:
— Name and address of the multi -family development.
— Type of units available.
-- Name and address of agent. '
-- Telephone number.
Said sign may be either attached flat against the wall of the structure or be freestanding; '
if freestanding, the sign shall be set back at least five (5) feet from the street right-of-way and shall
be no more than six (6) feet in height above the ground. Applicable side yard setbacks for buildings
shall also be adhered to. '
12.7 Permanent Subdivision Sign Regulations
Permanent subdivision identification signs having a maximum sign area of thirty-six (36) '
square feet may be erected. There shall be a limit of one double -face sign or two single -face signs
(if two(2) single -face signs are employed, maximum area per sign is eighteen (18) square feet) for
each street entrance into the development identified by the sign. The sign shall be set back at least '
five (5) feet from the street right-of-way line. Applicable side yard setbacks for buildings shall also
be adhered to.
12.8 Signs Not Requiring a Permit from the Building Inspector '
(a) Identification Signs - Signs not exceeding two (2) square feet in area and bearing only ,
property numbers, post office box numbers, names of occupants of premises, or other identification
of premises shall not require a permit.
(b) Temporary Real Estate Sign - One (1) temporary real estate sign not exceeding four (4) ,
square feet of sign area per minimum area of the zone in which located plus four (4) square feet
of sign area per additional 5,000 square feet of lot up to a maximum of seventy-two (72) square ,
feet of sign area may be placed on a property that is for sale, lease, rent or barter. When the
property on which said sign is placed fronts on more than one (1) street, one (1) such sign shall
be allowed on each street frontage. Such signs shall not be illuminated. Signs may be placed no '
closer than three (3) feet to the front property line unless otherwise specified.
(c) Construction Sign - One (1) temporary construction site sign may be erected on the site '
during the period of construction or reconstruction to announce the name of the owner and/or
developer, contractor, architect, land planner, landscape architect, engineer, and development.
Such signs shall be removed within two (2) days after the construction work has been completed. '
Maximum size of construction signs shall be as follows:
(1) In residential zones, thirty-two (32) square feet. '
(2) In all other zones, seventy-two (72) square feet.
Construction signs in residential zones shall not be illuminated. '
106 '

' (d) Directional or Information Sign - No permit shall be required for directional or information
signs of a public or quasi -public nature, and such signs shall not exceed eight (8) square feet in
' area relative to items (1) and (2) listed below. Those signs may be illuminated in conformance with
Section 12.4 of this ordinance or they may be of the beaded reflector type. All directional or
information signs shall be located at least one (1) foot from any public right-of-way. Such signs
' shall only be used for the purpose of stating or calling attention to:
(1) The name or location of a city, town, village, hospital, community center, public or
' private school, church or other place of worship;
(2) The name or place of meeting of an official or civic body, such as the Chamber of
Commerce, Rotary, Lions or Kiwanis Club.
In order to announce an event of public interest such as a local or county fair, pageant,
' public or general election, horse show, etc., permission should be obtained from the Board of
Commissioners to mount, erect or maintain over a public street or right-of-way, any sign
announcing events of public interest such as events or any banner or decoration such as, but not
' limited to, Christmas decorations.
(e) Incidental Signs - The following incidental signs as described are allowed:
' (1) One incidental professional announcement sign in residential districts, such signs
shall not exceed one (1) square foot in area, shall be flat mounted against the
' building, and shall not be illuminated.
(2) Any sign not exceeding one and one-third (1-1/3) square feet in area. There shall
' be a limit of three (3) such signs per lot.
12.9 Outdoor Advertising Signs
' Outdoor advertising signs shall be permitted within the town's extraterritorial jurisdiction in
the B-2 and I-W districts.
' (a) For the purposes of this ordinance, the following shall be considered as one outdoor
advertising sign:
' (1) Side -by -side signs if structurally tied together.
(2) V-type and back-to-back signs if not located more than fifteen (15) feet apart at the
' nearest points of each sign.
(b) Setback: Outdoor advertising signs shall observe all setback requirements of the districts
' in which they are located, provided further that in those districts having no setback requirements,
an outdoor advertising structure shall not be located closer than fifty (50) feet to any street right-of-
way line. In any case, no outdoor advertising structure shall be located closer than 150 feet to a
' lot zoned exclusively for residential purposes.
(1) Size: Outdoor advertising signs shall not exceed 200 square feet in area.
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(2) Height: Outdoor advertising signs shall not exceed thirty-five (35) feet in height.
(c) Location: Outdoor advertising signs on either side of a public right-of-way shall not be
located nearer to another advertising sign on the same side of the street than two hundred (200)
feet.
(d) Requirements: Outdoor advertising signs attached to a building structure shall not be
higher than the wall to which they are attached. Outdoor advertising signs shall not be mounted
on the rooftop of any building.
12.10 Public Service Information Signs
Public service information signs are those signs which display public service information
such as time, date, temperature, weather, or other similar information. These shall be allowed in
the L-I, and I -A zoning districts. Public service information signs shall be allowed to be flashing
signs. Public information signs will conform to the size and height requirements for the zone in
which they are located.
12.11 Business Identification Signs
Business identification signs shall be subject to the limitations in the Table of Business Sign
Requirements. All business identification signs itemized in this table may be illuminated.
12.12 Temporary Signs
Banners, pennants, streamers, spinners, moored blimps, and gas balloons shall be
considered temporary signs within the Historic District. Temporary signs advertising the initial
opening of a business establishment, a commercial special event or sale may be permitted on
private property. A permit, with no fee, is required for temporary signs. Not more than two (2) such
temporary signs per site are permitted at any one time; such temporary sign shall not exceed thirty-
two (32) square feet in area and shall meet all otherzoning requirements for signs related to height
and setback. Permits, obtained from the Town Building Inspector, shall be limited to thirty (30)
consecutive calendar days from the date of issue. A permit for a temporary sign may not be issued
again for the same business or occupancy for a period of twelve (12) months. After the thirty (30)
day period expires, the temporary sign shall be removed from display on the premise.
Annual charitable, civic or fraternal (non-profit) events are permitted to use temporary signs
for up to thirty (30) consecutive calendar days. Not more than two (2) such temporary signs per
site is permitted at any one time, such temporary sign shall not exceed thirty-two (32) square feet
in area and shall meet all other zoning requirements for signs related to height and setback. Any
such sign shall be removed within ten (10) days after the event advertised.
12.13 Historic District
The size and placement of signs shall comply with guidelines adopted by the Historic
Preservation Commission.
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TABLE OF BUSINESS SIGN REQUIREMENTS
Number of Signs
Permitted
Total Area of Signs Permitted Locational/Height
District (see Note 2)
(see Notes 1 and 2) Requirements
Additional Requirements
B-2 One flush -mounted
One-fourth (1/4) of area of the building
Signs directing the public to off -
sign per establishment
frontage between canopy line (10 feet
street areas shall be limited to two
per street frontage.
from sidewalk or ground elevation if no
(2) such signs per lot, provided
canopy exists) and bottom of parapet
further the size of each sign shall
for flush -mounted signs.
not exceed ten (10) square feet.
AND
One entrance sign per Maximum size of six (6) square feet for
building entrance. each entrance sign.
AND
One freestanding sign
per street front.
B-1, B-3, One flush mounted or
and 0&1 projecting sign per
establishment.
One square foot per linear foot street
frontage on side on which the sign is
located not to exceed one hundred
twenty (120) square feet.
One (1) square foot per linear foot of
building frontage allotted to each
establishment not to exceed one
hundred twenty (120) square feet.
AND
One freestanding sign One (1) square foot per linear foot of lot
per separate lot of frontage not to exceed one hundred
record. twenty (120) square feet.
C-D and One flush mounted or Three (3) square foot per linear foot of
W-C projecting sign per building frontage and one and one-half
establishment. (1-1/2) square foot per linear foot of
building side allotted to each
establishment.
Twenty-five (25) feet
maximum height
Maximum height of twenty
(20) feet and two (2) feet
from a property line relative
to freestanding signs.
Note 1. Marquees for indoor theaters in the B-2 zoning district shall not be subject to the sign area limitations.
Note 2. Establishments developed on a corner lot may have one additional sign having one (1) square foot of sign area per linear foot of the building's corner
side in addition to the specified total number of area of signs permitted. Such signs shall be flush mounted and be affixed to said corner side.
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SECTION 13. HISTORIC DISTRICT
13.1 Purpose ,
The historic heritage of Beaufort is among its most valued and important assets. It is the
intent of the historic district regulations to promote the education, culture and general welfare of
'
the public through the preservation and protection of historical buildings, places and areas, and to
maintain such lands as examples of past architectural styles. The historic district shall consist of
areas which are deemed to be especially significant in terms of their history, architecture, and/or
culture, and possess integrity of design, setting, materials, feeling, and association.
'
13.2 Area Affected
'
The historic district is to consist of that area lying and being in the Town of Beaufort and being
more particularly described as follows:
Beginning at the point of intersection of the south line of Broad Street and the high water
'
mark of Beaufort Channel and proceeding along the south line of Broad Street in an easterly
direction to the east line of Turner Street; thence in a northerly direction along the east line of
Turner Street to the south line of Cedar Street (U.S. Highway 70); thence in an easterly direction
'
along the south line of Cedar Street to the west line of Craven Street; thence in a southerly
direction along the west line of Craven Street to the south line of Broad Street; thence continuing
in an easterly direction along the south line of Broad Street to the west line of Pollock Street;
,
thence in a southerly direction along the west line of Pollock Street; thence in a southerly direction
along the west line of Pollock Street to the high water mark of Taylor's Creek; thence in a westerly
direction and northwesterly direction along the high water mark of Taylor's Creek, Beaufort Channel
'
and Gallant's Channel to the POINT OF BEGINNING; and generally being that area bounded on
the east by Pollock Street, on the north by Broad Street, on the west and south by the high water
mark of Beaufort Channel and Beaufort Harbor, and also to include the block known as the
'
Courthouse Square area which is bounded on the north by Cedar Street, on the west by Turner
Street, on the south by Broad Street, and on the east by Craven Street.
It is understood that there are certain buildings lying beyond the historic district of great
,
historical significance. These areas are subject to being included within the historic district area
at a later time through the procedures and methods set forth herein. By their exclusion it is not the
intent of the Board of Commissioners to discourage the preservation and maintenance of these
'
various structures, and the owners of these historic buildings are encouraged to maintain and
protect them.
'
The area comprising the historic district is subject to all of the provisions of this zoning
ordinance, as applicable, and the provisions contained in this section are in addition to the other
provisions of this ordinance as they affect the various portions of the historic district and are not
'
in lieu thereof.
13.3 Changes in the Boundaries 1
With respect to any changes in the boundaries of the historic district, as above described, '
or the creation of additional districts within the jurisdiction of the Town of Beaufort, the following
procedures shall be complied with:
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(1) The Historic Preservation Commission, established as provided hereafter, shall
prepare and refer to the Town of Beaufort Board of Adjustment for its review and
comment according to the procedure set forth in the Beaufort Zoning Ordinance; an
investigation and report describing the significance of the buildings, structures,
features, sites or surroundings included in any such proposed change to the district
or newly proposed additional districts; and a description of the boundaries of such
districts.
(2) Concurrently with the referral of the investigation and report described in paragraph
(1) above to the Town of Beaufort Board of Adjustment, the Beaufort Historic
Preservation Commission shall also refer a copy of the investigation and the report
described in subparagraph (1) above to the North Carolina Department of Cultural
Resources for its analysis and recommendations concerning such report. The
failure of the North Carolina Department of Cultural Resources to submit its written
analysis and recommendations to the board of commissioners of the Town of
Beaufort within sixty 60 calendar days after a written request for such analysis has
been received by the department shall relieve the Town of Beaufort of any
responsibility for awaiting such analysis, and the Beaufort town board may at any
time thereafter take any necessary action to adopt or amend its historic district.
(3) After the above steps have been taken and the Beaufort Town Board of
Commissioners has either received a written analysis and recommendation from the
North Carolina Department of Cultural Resources, orthe North Carolina Department
of Cultural Resources has failed to submit written analysis and recommendations
to the Town of Beaufort within sixty (60) days, then the Board of Commissioners
shall amend its zoning ordinance and the terms and provisions of the historic district
by following the requirements and procedures for amendments to the Beaufort
Zoning Ordinance as set forth in Section 19.
13.4 Certificate of Appropriateness Required
No exterior portion of any building or other structure (including masonry walls, fences, light
fixtures, steps and pavement, or other appurtenant features), nor aboveground utility structure nor
any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished
within such district until after an application for a certificate of appropriateness as to exterior
features has been submitted to and approved by the Beaufort Historic Preservation Commission,
provided, however, that the Commission may adopt rules of general application setting up
guidelines for erecting, maintaining, changing and removing temporary and permanent signs. Such
guidelines must include requirements that all signs shall be so designed, made and displayed that
they will not constitute a hazard to persons or property, that they will not detract from the aesthetic
appearance of the historic district (whether residential or business), and that such signs shall not
block or impede pedestrian and vehicular traffic. The guidelines, among other relevant factors,
may consider, (i) protection of property values, (ii) promotion of tourism and other economic
development opportunities, (iii) indirect protection of public health and safety; (iv) preservation of
the character and integrity of the town and its historic district, and promotion of the comfort and
happiness of town residents and businesses. A certificate of appropriateness is required to have
been approved and issued by the Beaufort Historic Preservation Commission prior to the issuance
of a building permit or other permit granted for the purpose of constructing, altering, moving, or
demolishing structures, which certificate may be issued subject to reasonable conditions necessary
n
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H
to carry out the purpose of this section. A certificate of appropriateness shall be required whether
or not a building or other permit is required.
For purpose of this ordinance, "exterior features" shall include the architectural style,
general design, and general arrangement of the exterior of a building or other structure, including
the kind and texture of the building material, the size and scale of the building, and the type and
style of all windows, doors, light fixtures, signs, and other appurtenant features. In the case of
outdoor advertising signs, "exterior features" shall be construed to mean the style, material, size,
and location of all such signs, including the placement or display of any neon type sign located
within the interior of a structure and at a location within five (5) feet of a window or glass door in
an exterior wall of the structure so that said sign is clearly visible from the adjoining public street
and is so positioned in the interior that it is obvious it was intended to be seen from the exterior.
Provided, not more than one neon sign within any exterior wall of a building displaying only the
word "OPEN" shall be permitted so long as the sign is no larger than ten (10) inches by (18) inches
and the sing does not flicker or flash.
"Exterior features" shall also include color and significant landscape, archaeological, and
natural features of the historic district. Except as provided above, the Historic Preservation
Commission shall have no jurisdiction over interior arrangements and shall take no action under
this section except to prevent the construction, reconstruction, alteration, restoration, moving or
demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs, or other
significant features in the historic district which would be incongruous or incompatible with the
special character of the district.
Provided, the Historic Preservation Commission shall have jurisdiction over specific interior
features of architectural, artistic or historical significance in publicly owned landmarks, and of
privately owned historic landmarks for which consent for interior review has been given by the
owner, and consent of an owner for interior review shall bind future owners and/or successors in
title, provided such consent has been filed in the office of the Registry of Deeds of Carteret County
and indexed according to the name of the owner of the property in both the grantee and grantor
indexes. The landmark designations shall specify the interior features to be reviewed and the
specific nature of the commission's jurisdiction over the interior.
13.6 Creation of Historic Preservation Commission
A Historic Preservation Commission is hereby created to consist of five (5) members and
two (2) alternate members to be appointed by the board of commissioners. The terms of office of
the members shall be three (3) years. The terms of office for the alternates shall be one year.
Three (3) of the initial appointed members shall be appointed for three (3) years, and two (2) for
two (2) years, and subsequently, members shall be appointed for terms of three (3) years as
successive vacancies occurs. A majority of the members of the commission shall have
demonstrated special interest, experience or education in preservation history or architecture, and
all members shall reside within the territorial jurisdiction of the Town of Beaufort as established
pursuant to G.S. 160A-360. Five of the members of the commission shall constitute a quorum at
all meetings of the commission.
(a) A person shall serve no more than two (2) consecutive terms.
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(b) Following initial Historic Preservation Commission organization, the members of the
Historic Preservation Commission will at its first meeting elect a chairperson and
vice -chairperson to serve until its first meeting in February at which time the
members shall elect a chairperson and vice -chairperson to serve a one (1) year
term. The Historic Preservation Commission shall appoint such other officers as it
may deem necessary and appropriate. The chairperson shall decide on all points
of order and procedure unless directed otherwise by a majority of the commission
in session at the time.
(c) Vacancies occurring for reasons other than the expiration of terms shall be filled by
the appointing authority as they occur, for the period of the unexpired term.
(d) The Board of Commissioners may remove any member of the Historic Preservation
Commission for inefficiency, neglect of duty, or malfeasance in office.
(e) The chairperson and members of the Historic Preservation Commission may be
compensated for their services as members of said Board, in such amounts as the
Board of Commissioners may determine.
(f) The chairperson and vice -chairperson may take part in all deliberations and vote on
all issues.
' 13.6 Powers and Duties of the Historic Preservation Commission
11
Prior to any action to enforce the provisions of this section, the commission shall prepare
and adopt rules of procedure and shall prepare and adopt principles and guidelines not inconsistent
with this section for new construction, alterations, additions, moving, and demolition. The
commission, as part of its rules of procedure, may incorporate therein detailed standards for the
review and approval by an administrative official of the town of minor works; provided, however,
that no applications for certificate of appropriateness may be denied without formal action by the
Historic Preservation Commission.
(a) The Historic Preservation Commission shall have the following powers:
(1) Undertake an inventory of properties of historical, prehistorical, architectural, and/or
cultural significance.
(2) Recommend to the municipal governing board areas to be designated by ordinance
as "Historic Districts'; and individualstructures, buildings, sites, areas, or objects
to be designated by ordinance as "Landmarks';
(3) Acquire by any lawful means the fee or any lesser included interest, including
options to purchase, for properties within established districts or to any such
properties designated as landmarks, to hold, manage, preserve, restore and
improve the same, and to exchange or dispose of the property by public or private
sale, lease or otherwise, subject to covenants or other legally binding restrictions
which will secure appropriate rights of public access and promote the preservation
of the property;
(4) Restore, preserve, and operate historic properties;
(5) Recommend to the governing board that designation of any area as a historic
district or part thereof, or designation of any building, structure, site, area, or object
as a landmark, be revoked or removed for cause;
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D
(6) Conduct an educational program with respect to historic properties and districts
within its jurisdiction;
(7) Cooperate with the State, federal, and local governments in pursuance of the
purposes of this section. The governing board or the commission when authorized
by the governing board may contract with the State, or the United States of
America, or any agency of either, or with any other organization provided the terms
are not inconsistent with State or federal law;
(8) Enter, solely in performance of its official duties and only at reasonable times, upon
private lands for examination or survey thereof. However, no member, employee
or agent of the commission may enter any private building or structure without the
express consent of the owner or occupant thereof;
(9) Prepare and recommend the official adoption of a preservation element as part of
the municipality's comprehensive plan;
(10) Review and act upon proposals for alterations, demolitions, or new construction
within historic districts, or for the alteration or demolition of designated landmarks,
pursuant to this section; and
(11) Negotiate at any time with the owner of a building, structure, site, area, or object for
its acquisition or its preservation, when such action is reasonably necessary or
appropriate.
(b) It shall be the function of the Historic Preservation Commission to pass upon the
appropriateness of the construction, reconstruction, alteration, restoration, moving or demolition
of any buildings, structures, appurtenant fixtures, vending machines, outdoor advertising signs, or
other exterior features in the historic district. The commission may require interior and exterior
photographs, architectural drawings or other notations or architectural features to be used for
historical documentation as a condition of any permission to demolish a building or structure.
(c) It shall be the function of the Historic Preservation Commission to review and pass upon
the appropriateness of exterior features of buildings, structures and properties within the historic
district. Accordingly, an application for a certificate of appropriateness together with all plans,
photographs, elevations, and other documents and information necessary in order for the Historic
Preservation Commission to determine whether or not to issue a certificate of appropriateness shall
be delivered to the chairperson of the commission a minimum of seven (7) days prior to its next
scheduled meeting, together with a copy of the application and documents to the Beaufort Historic
Preservation Commission staff person and the Beaufort building inspector.
(d) The Historic Preservation Commission shall hold its regular meeting on the day and time
established in its rules of procedures and at such other times as upon call of the chairperson or any
two members of the commission may request in writing. In the event the commission should fail
to adopt a regular meeting date each month in its rules of procedure duly adopted by said
commission, then the third Monday of each month at 7:00 p.m. in the Beaufort town hall is hereby
designated as the date and time of the regular monthly meeting.
(e) The Historic Preservation Commission, in carrying out the intent and purpose of this
ordinance, shall have all of those powers enumerated in N.C.G.S.160A-400.8, as amended, which
powers are incorporated herein by reference.
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' 13.7 Meetin s and Procedures of the Historic Pre
servation Commission
J
k
Prior to issuance or denial of a certificate of appropriateness, the commission shall take
such steps as may be reasonably required by the terms of this ordinance and the rules of
procedure of the commission in order to inform the owners of any property likely to be materially
affected by the application, and shall give the applicant and such owners an opportunity to be
heard. In cases where the commission deems it necessary, it may hold a public hearing
concerning the application. All meetings of the commission shall be open to the public in
accordance with the North Carolina Open Meeting Law codified in chapter 143 of the North
Carolina General Statutes. Minutes shall be kept of all commission proceedings by the town
planner or his designee.
All applications for certifications of appropriateness shall be reviewed and acted upon within
a reasonable time and within sixty (60) days from the date said application for a certificate of
appropriateness is filed with the commission, .unless a shorter, time. is established by the
commission's rules of procedure. As part of its review procedure, the commission may view the
premises and seek the advise of the North Carolina Department of Cultural Resources or such
other expert advice,as it may deem necessary under the circumstances.
13.8 Approval by the Commission
Upon approval of any application for a certificate of appropriateness, the commission shall
forthwith cause a certificate of appropriateness to be issued to the applicant setting forth the
conditions and requirements with regard to the proposed construction, reconstruction, demolition,
alteration, restoration, or movement of the building, structure, outdoor signs, vending machines,
or other significant exterior features within the district. A report of the commission's actions shall
be submitted to the town manager and the town building inspector stating the basis upon which
such approval was made. Upon failure of the commission to take final action upon an application
within sixty (60) days after the final application for the certificate of appropriateness has been
submitted, or upon such shorter time as may be specified in the commission's rules of procedure,
the application for a certificate of appropriateness shall be deemed to have been approved, except
when mutual agreement in writing has been made with regard to an extension of the time limit.
The town planner or his designee shall inspect from time to time any work carried out to the
exterior of any building, structure, or property for which a certificate of appropriateness has been
issued pursuant to the provisions hereof, and shall report to the commission immediately any work
not being carried out in accordance with the certificate of appropriateness or the provisions of this
section.
13.9 Appeals
An appeal may be taken to the Beaufort Board of Adjustment from the commission's action
in granting or denying any certificate, which appeals may be taken by any aggrieved party within
thirty (30) days following formal action by the commission with regard to the granting or denying
any certificate. Any appeal shall be in the nature of certiorari to the Beaufort Board of Adjustment.
Any appeal from the Beaufort Board of Adjustment's decision in any such case shall be
heard by the Carteret County Superior Court.
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In the case of disapproval of any application for a certificate of appropriateness, the
commission. shall state the reasons therefore in writing in terms of design, arrangements, texture,
material, color, and other factors involved.
13.10 Certain Changes not Prohibited
Nothing in this section shall be construed to prevent the ordinary maintenance or repair of
any exterior architectural feature in the Beaufort historic district which does not involve a change
in design, material, or outer appearance thereof, nor to prevent the construction, reconstruction,
alteration, restoration, moving or demolition of any such feature which the town building inspector,
or similar official shall certify is required by the public safety because of an unsafe or dangerous
condition.
13.11 Applicability
All the provisions of this section are hereby made applicable to the construction, alteration,
moving and demolition of buildings by the State of North Carolina, its political subdivisions,
agencies and instrumentalities. Provided, the State of North Carolina shall have the right of appeal
to the North Carolina Historic Commission from any decision of the Beaufort Historic Preservation
Commission pursuant to G.S. 160A-398.1. The Secretary of the Interior's standards for
rehabilitation and guidelines for rehabilitating historic buildings shall be the sole principles and
guidelines used in reviewing applications of the state for certificates of appropriateness.
13.12 Demolition of Buildings
(a) An application for a certificate of appropriateness authorizing the demolition of a building
or structure within the historic district may not be denied. However, the effective date of such a
certificate may be delayed for a period of up to 365 days from the date of approval. The maximum
period of delay authorized by this section shall be reduced by the Historic Preservation Commission
when it finds that the owner would suffer extreme hardship or be ' permanently deprived of all
beneficial use of or return from such property by virtue of the delay. During such period, the
commission may negotiate with the owner and with any other parties in an effort to find a means
of preserving the building. If the commission finds that the building has no particular significance
or value toward maintaining the character of the district, it shall waive all or part of such period and
authorize earlier demolition or removal.
(b) The governing board of any municipality may enact an ordinance to prevent the demolition
by neglect of any designated landmark or any building or structure within an established historic
district. Such ordinance shall provide appropriate safeguards to protect property owners from
undue economic hardship.
(c) An application for a certificate of appropriateness authorizing the demolition or destruction
of a building, site, or structure determined by the State Historic Preservation Officer as having
statewide significance as defined in the criteria of the National Register of Historic Places may be
denied except where the commission finds that the owner would suffer extreme hardship or be
permanently deprived of all beneficial use or return by virtue of the denial.
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SECTION 14. NONCONFORMING SITUATIONS
' 14.1 Definitions
Unless the context clearly indicates otherwise, the terms defined below are used in this
' section in the following manner:
Nonconforming Situations -- A situation that occurs when, on the effective date of this ordinance
' or any amendment to it, an existing lot or structure or use of an existing lot or structure does not
conform to one or more of the regulations applicable to the district in which the lot or structure is
' located. Among other possibilities, a nonconforming situation may arise because a lot does not
meet minimum acreage requirements, because structures do not satisfy maximum height or
minimum floor space limitations, because the relationship between existing buildings and the land
' (in such matters as density and setback requirements) is not in conformity with the ordinance, or
because land or buildings are used for purposes made unlawful by the ordinance.
Nonconforming Use -- A nonconforming situation that occurs when property is used for a purpose
' or in a manner made unlawful by the use regulations applicable to the district in which the property
is located. (For example, a commercial office building in a residential district may be a
nonconforming use.) The term also refers to the activity that constitutes the use made of the
' property. (For example, all the activity associated with running a bakery in a residentially zoned
area is a nonconforming use.)
' Dimensional Nonconformity -- A nonconforming situation that occurs when the height, size, or
minimum floor space of a structure or the relationship between an existing building or buildings and
other buildings or lot lines does not conform to the regulations applicable to the district in which the
' property is located.
Nonconforming Lot -- A lot existing at the effective date of this ordinance or any amendment to it
' (and not created for the purpose of evading the restrictions of this ordinance) that cannot meet the
minimum area or lot width requirements of the district in which the lot is located.
' Ordinance -- This ordinance, including any amendments. Whenever the effective date of the
ordinance is referred to, the reference includes the effective date of any amendment to it.
' Nonconforming Project -- Any structure, development, or undertaking that is incomplete at the
effective date of this ordinance and would be inconsistent with any regulation applicable to the
district in which it is located if completed as proposed or planned.
' Expenditure -- A sum of money paid out in return for some benefit or to fulfill some obligation.
Whenever the term is used hereafter, it also includes binding, contractual commitments to make
I
future expenditures, as well as any other substantial changes in position.
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14.2 Continuation of Nonconforming Situations and Completion of Nonconforming'
Proiects
'
Nonconforming situations that were otherwise lawful on the effective date of this ordinance
may be continued, subject to the restrictions and qualifications set forth in sections 14.3 through
14.8 of this section.
'
Nonconforming projects may be completed only in accordance with the provisions of section
14.8.
'
14.3 Nonconforming Lots
(a) When a nonconforming lot can be used in conformity with all of the regulations
'
(other than the area or width requirements) applicable to the district in which the lot
is located, such a use may be made as of right. Otherwise, the nonconforming lot
may be used only in accordance with a variance by the Board of Adjustments. The
,
board shall issue such a permit if it finds that (1) the proposed use is one permitted
by the regulations applicable to the district in which the property is located, and (2)
the property can be developed as proposed without any significant negative impact
'
on the surrounding property or the public health, safety, or welfare. In issuing the
permit authorized by this paragraph, the board may allow deviations from applicable
dimensional requirements (such as setback lines and yard size minimums) if it finds
'
that no reasonable use of the property can be made without such deviations.
(b) Whenever this ordinance creates a nonconforming lot and the owner of the
nonconforming lot also owns land adjacent to it, and a portion of this other land can
'
be combined with the nonconforming lot to create a conforming lot (without hereby
creating other nonconformities), the owner of the nonconforming lot, or his
successor in interest, may not take advantage of the provisions of the paragraph (a)
t
of this section.
(c) In the event the owner of a lot located in an R-8 or R-8A residential zone proposes
'
to construct not more than one single-family dwelling and/or alter, remodel,
reconstruct, or undertake other improvements to an existing dwelling on said lot,
and the lot either does not contain the required minimum lot area of 8,000 square
'
feet, or the lot owner cannot meet the required minimum lot width or required front,
side, and/or rear setback requirements for the R-8 zone, either because the lot is
of a substandard size or peculiar shape, or the lot owner desires to save or
'
preserve natural features or landscaping, orthe owner desires to place the structure
in general conformity with the location of adjacent properties, then the Board of
Adjustment, upon application from the lot owner, is authorized but not required to
'
grant a variance for the use of the lot for one single-family dwelling and/or to alter,
remodel, reconstruct, or undertake other improvements to the existing dwelling on
the lot, and to specifically approve the location of the dwelling or proposed
alteration, remodeling, reconstruction, or other improvements to the existing
'
dwelling thereon and to vary the required lot area, minimum lot width, or required
setbacks, if deemed necessary or desirable by the board.
,
() Anapplicant licant for an R-8 or R-8A variance to construct one single-family dwelling or
to alter, remodel, reconstruct, or undertake improvements on a lot located in an R-8
or R-8A zone shall submit an application in writing to the Board of Adjustment on
'
118 1

' such forms as may be provided by the town. Said application shall be accompanied
by a plat or map of the lot prepared by a registered land surveyor or engineer
showing the exact dimensions of the lot, its location, natural features, significant
vegetation, existing or proposed location of the dwelling and improvements, and the
' location of adjacent streets, structures, and adjacent residential dwellings. Said
application shall specifically describe the reasons for the applicant applying for a
variance and shall explain and show in detail how his lot is deficient with regard to
' either required lot area, minimum lot width, or required yard setbacks. If the
applicant is desiring a variance for the location of the dwelling or construction
improvements in closer proximity to the front, side, or rear lot lines than as required
' for setbacks in the R-8 or R-8A zone, then the application shall describe in detail the
reasons for the request for a variance to locate the dwelling or proposed
improvements in closer proximity to the front, side, or rear lot lines than as required
' in the R-8 or R-8A zone.
(e) The Board is authorized to grant a variance for the construction and location of the
' dwelling or improvements to the existing dwelling, as proposed by the lot owner, if
the board finds from the evidence produced after a study of the complete record
that:
' (1) The proposed dwelling or improvements to the existing dwelling
l not
materially endanger the public health or safety if located where proposed
and if developed according to the plan as submitted and approved.
' (2) That the use will not substantially injure the value of adjacent property.
(3) That the dwelling or proposed improvements to the existing dwelling, if
developed and constructed according to the plan as submitted and
' approved, will be in harmony with the area in which it is to be located and
in general conformity with the plan of development for the Town of Beaufort.
(4) With regard to applications for variances which have as its [their] purpose
' either the location of the single-family dwelling or improvements to the
existing dwelling in closer proximity to the front, side, or rear lot lines than
as required in the R-8 and R-8A zone; that the required relaxation or
' variance of the required setback will be either to preserve natural amenities;
to take the greatest advantage of natural land, water, trees, or
environmental and historical features, or to enhance the visual character of
the dwelling; or to make the dwelling compatible or congruous with adjoining
residential dwellings.
(1) In the event the Board of Adjustment approves a variance for a single-family
' dwelling or the alteration, reconstruction, remodeling, or the undertaking of
improvements to the existing dwelling in the R-8 zone, the board may impose or
require such additional restrictions and standards as may be necessary to protect
' the health or safety of residents of the community, and to protect the value and use
of property in the neighborhood. Additionally, any variance granted by the Board
of Adjustment shall require that the applicant carry out, construct and complete the
' single-family dwelling or proposed improvements exactly in accordance with the
permit as issued, and the applicant is not authorized to alter, modify, or vary the
construction or to add on to or modify the structure thereafter except with approval
' of the board.
119

that the '
The board is authorized torevoke
being complied with after giving notice to all parties —
provisions of the permit are'
concerned and granting full opportunities for a hearing.
An variance granted shall be recorded in the Carteret e ecut ounty n gister e same. Dee s
(g) y applicants '
and its acceptance shall be shown by the app
minimum of ten (10) days prior to the hearing regarding the application
and date
variance, the zoning administrator shall forward notice h the application
of the hearing to all adjoining property owners, as shown on the county's tax '
records, by both certified mail and first class
to ail, and the zon
mailing by both certified'mailtand
certificate and statement at said hearing '
first class mail to adjoining property owners shall be satisfactorily (satisfactory)
evidence that all adjoining property owners have been notified as to the application
and hearing ,
14.4 Extension or Enlar ement of Nonconforming Situations
a Except as specifically provided in this subsection, it shall be unlawful for any person
()
to e, n a e in any activity that causes an increase in the extent of nonconformity of '
g g
a nonconforming situation.
Subject to paragraph (d) of this subsection, a nonconforming use may be extended '
(b) throughout any portion of a completed building that, when the use was made
nonconforming by this ordinance, was manifestly designed or arrange o
of this
subjec
o s
accommodate such use. However, t t jects in certain i cumstances)�a '
(authorizing the completion of nonconforming po
nonconforming use may not be extended to additional buildings or to land outside
the original building. ,
c Subject to section 14.8 of this ordinance (authorizing the completion of
() projects in certain circumstances), a nonconforming use of open
nonconforming p jand than was '
land may not be extended to cover hataluse that involves theremovalof natural
it became nonconforming, except that where
materials from the lot may be expanded to the boundaries of the lotercent or more
mo e
was established at the time it became nonconfoved ' at the effective date of this
of the earth products had already been removed
ordinance. '
(d) The volume, intensity, or frequency of use of property where a nonconforming
situation exists may be increased and the equipment or processes used at a
ged if
location where a nonconforming situation exists
i is may be chn
of activityrather thanschanges n ,
changes amount only to changes in the degree
kind and no violations of other paragraphs of this section occur.
(e) Physical alternation of structures or the placement of new structures on open land ,
are unlawful if they result in:
An increase in the total amount of space devoted to a nonconforming use; '
Greater nonconformity with respect to dimensional restrictions such as yard
requirements, height limitations, or density requirements, or'
120 '

-- The enclosure of previously unenclosed areas eve
n though those areas
were previously used in connection with the nonconforming activity. An area
' is unenclosed unless at least seventy five (75) percent of the perimeter of
the area is marked by a permanently constructed wall or fence
' (f) Minor repairs to and routine maintenance of property where nonconforming
situations exist are permitted and encouraged. Major renovation -- i.e., work
estimated to cost more than ten (10) percent of the appraised value of the structure
' to be renovated (and not required by the partial or total destruction of a structure
[see paragraph (h)] may be done pursuant to a variance issued by the Board of
Adjustment. The Board of Adjustment shall issue such a variance if it finds that the
' work will not result in a violation of any other paragraphs of this section (particularly
paragraph (c) or make the property more incompatible with the surrounding
neighborhood.
' (g) Notwithstanding paragraph (e), any structure used for single-family residential
purposes and maintained as a nonconforming use may be replaced with a similar
' structure of a larger size, so long as the replacement does not create new
nonconformities or increase the extent of existing nonconformities with respect to
yard size and setback requirements. In particular, a manufactured home may be
' replaced with a larger manufactured home, and a "single -wide" manufactured home
may be replaced with a "double -wide." This paragraph is subject to the limitations
stated in section 14.6 on abandonment and discontinuance of nonconforming
' situations.
(h) A structure that is nonconforming in any respect or a structure that is used in a
' nonconforming manner may be reconstructed or replaced if partially or totally
destroyed, subject to the following restrictions:
' — The total amount of space devoted to a nonconforming use may not be
increased, except that a larger, single-family residential structure may be
constructed in place of a smaller one and a larger manufactured home
intended for residential use may replace a smaller one;
-- The reconstructed building may not be more nonconforming with respect to
' dimensional restrictions such as yard requirements, height limitations, or
density requirements, and such dimensional nonconformities must be
eliminated if that can reasonably be accomplished without unduly burdening
' the reconstruction process or limiting the right to continue the
nonconforming use of such building;
' -- The reconstructed building may not enclose areas that were previously
unenclosed, even though those areas were used in connection with the
nonconforming activity. An area is unenclosed unless at least seventy five
(75) percent or more of the perimeter of the area is marked by a
' permanently constructed wall or fence.
(i) Except for single-family residential structures (including manufactured homes), if the
' estimated cost of the reconstruction work exceeds by ten (10) percent the appraised
121

14.5
14.6
'
value of the structure, the work may be done only after issuance of a permit
Y Y p mit by the
Board of Adjustment. The Board shall issue the variance if it finds that the work will
be done in accordance with this paragraph and that the reconstructed building will
t
not make the property more incompatible with the surrounding property than it was
before the destruction occurred.
Change in Kind of Nonconforming Use
A
'
(a) nonconforming use may be changed to a conforming use. Thereafter, the
property may not revert to a nonconforming use.
A
'
(b) nonconforming use may be changed to another nonconforming use only in
accordance with a variance issued by the Board of Adjustment. The Board shall
issue such a permit if it finds that the proposed use will be more compatible with the
'
surrounding neighborhood than the use in operation at the time the application is
made for the permit. If a nonconforming use is changed to any use other than a
conforming use without obtaining a variance pursuant to this paragraph, that change
'
shall constitute a discontinuance of the nonconforming use, with consequences as
stated in section 14.6.
(c) If a nonconforming use and a conforming use, or any combination of conforming '
and nonconforming uses, or any combination of nonconforming uses exist on one
lot, the use made of the property may be changed substantially (except to a '
conforming use), only in accordance with a variance issued by the Board of
Adjustment. The board shall issue such a permit if it finds that the proposed use will
be more compatible with the surrounding neighborhood than the use or combination
of uses in operation at the time the permit is applied for. '
Abandonment or Discontinuance of Nonconforming Situations
(a) When a nonconforming use is (1) discontinued for a consecutive s� period of 180 days,
'
p Y
or (2) discontinued for any period of time without a present intention to reinstate the
nonconforming use, the property involved may thereafter be used only for '
conforming purposes, except as provided in paragraph (b) of this section.
(b) The Board of Adjustment may issue a variance to allow a nonconforming use that '
has been discontinued for more than 180 consecutive days to be reinstated if it
finds that (1) the nonconforming use has been discontinued for less than two years,
and two (2) the discontinuance resulted from factors that, for all practical purposes, t
were beyond the control of the person maintaining the nonconforming use.
(c) If the principal activity on property where a nonconforming situation" other than a
'
nonconforming use exists is (1) discontinued for a consecutive period of 180 days,
or (2) discontinued for any period of time without a present intention of resuming
that activity, then that property may thereafter be used only in with all of
'
the regulations applicable to the district in which the property is located, unless the
Board of Adjustment issues a variance to allow the property to be used (for a
conforming purpose) without correcting the nonconforming situation. The board
'
122 1

r
' shall issue such
a variance if it finds that (1) the nonconforming situation cannot be
' corrected without undue hardship or expense, and (2) the nonconforming situation
is of a minor nature that does not adversely affect the surrounding property or the
general public to any significant extent.
' (d) For purposes of determining whether a right to continue a nonconforming situation
is lost pursuant to this section, all of the buildings, activities, and operations
maintained on a lot are generally to be considered as a whole. For example, the
failure to rent one apartment in a nonconforming apartment building or one space
in a nonconforming manufactured home park for 180 days shall not result in a loss
of the right to rent that apartment or space thereafter so long as the apartment
' building or manufactured home park as a whole is continuously maintained. But if
a nonconforming use is maintained in conjunction with a conforming use,
discontinuance of a nonconforming use for the required period shall terminate the
' right to maintain it thereafter. And so, if a manufactured home is used as a
nonconforming use on a residential lot where a conforming residential structure also
is located, removal of that manufactured home for 180 days terminates the right to
' replace it.
(e) When a structure or operation made nonconforming by this ordinance is vacant or
' discontinued at the effective date of this ordinance, the 180-day period for purposes
of this section begins to run at the effective date of this ordinance.
' 14.7 Termination of Nonconforming Situations
Subject to all other terms and conditions of section 14 of this ordinance, nonconforming
' situations shall not be subject to specific time limitations for permanent discontinuation; except for
nonconforming junk yards, to include nonconforming uses and situations, which shall be completely
removed within three (3) years following the effective date of this ordinance.
I
14.8 Completion of Nonconforming Projects
(a) All work on any nonconforming project shall cease on the effective date of this
ordinance. Thereafter, work on nonconforming projects may begin, or may be
continued, only pursuant to a variance issued by the Board of Adjustment (except
as provided in paragraph (b) of this section). The board shall issue such a variance
if it finds that the applicant has in good faith made substantial expenditures or
incurred substantial binding obligations or otherwise changed his position in some
substantial way in reasonable reliance on the land use law as it existed before the
effective date of this ordinance and thereby would be unreasonably prejudiced if not
allowed to complete his project as proposed. In considering whether these findings
may be made, the Board shall be guided by the following:
To the extent that expenditures are recoverable with a reasonable effort, a
party shall not be considered prejudiced by having made those
expenditures. For example, a party shall not be considered prejudiced by
having made expenditure to acquire a potential development site if the
property obtained is just as valuable under the new classification as it was
E
123

under the old, for the expenditure can be recovered by resale of the
property. -
An expenditure shall be considered substantial if it is significant both in '
P 9
dollar amount and in terms of (1) the total estimated cost of the proposed
project, and (2) the ordinary business practices of the developer. ,
A person shall be considered to have acted in good faith if actual knowledge
of a proposed change in the land use law affecting the proposed '
development site could not be attributed to him.
Even though a person had actual knowledge of a proposed change in the '
land use law affecting a development site, the Board may still find that he
acted in good faith if he did not proceed with his plans in a deliberate
attempt to circumvent the effects of the proposed ordinance. The Board '
may find that the developer did not proceed in an attempt to undermine the
proposed ordinance if it determines that (1) at the time the expenditures
were made, either there was considerable doubt about whether any '
ordinance would ultimately be passed, or it was not clear that the proposed
ordinance would ultimately be passed, or it was not clear that the proposed
ordinance would prohibit the intended development; and (2) the developer '
had legitimate business reasons for making expenditures.
(b) The requirements of paragraph (a) of this section shall not apply to a nonconforming ,
project if the Town Planner certifies that actual construction of that project began
at least 180 days before the effective date of this ordinance and that the work is at
least seventy-five (75) percent complete at the effective date of this ordinance. ,
(c) The Board of Adjustment shall not consider any application for a variance
authorized by paragraph (a) of this subsection that is submitted more than ninety '
(90) days after the effective date of this ordinance, unless it waives this requirement
for good cause shown.
(d) If the Board of Adjustment issues a variance pursuant to paragraph (a) of this
'
section, it may attach such reasonable conditions to the variance as it finds
necessary to reduce the extent to which the nonconforming project is incompatible
with the surrounding neighborhood. In particular, the board may require that work
'
on the nonconforming project be continuously maintained, if possible, and that the
project be completed as expeditiously as possible.
,
e When it appears from the developer's plans or otherwise that the nonconforming
() PP P
project was intended to be or reasonably could be completed in stages, segments
or other discreet units, the Board of Adjustment shall not allow the nonconforming
'
project to be constructed or completed in a fashion that is larger or more extensive
than is necessary to allow the developer to recoup and obtain a reasonable rate of
return on the expenditures he has made in connection with that nonconforming
,
project.
124 1

' C ION 15 SET VESTED RIGHT PROVISIONS
15.1 Purpose
' The purpose of this section is to implement the provisions of G.S. 160A-385.1 pursuant to
which a statutory zoning vested right is established upon the approval of a site specific
development plan.
' Neither a variance a sketch an nor Ian other document
p y that fails to describe with
reasonable certainty the type and intensity of use for a specified parcel or parcels of property shall
' constitute a site specific development plan.
15.2 Establishment of a Zoning Vested Right
(a) A zoning vested right shall be deemed established upon the valid approval, P PP , or
conditional approval, by the Board of Commissioners, Board of Adjustment, or
' Planning Board, as applicable, of a site specific development plan, following notice
and public hearing.
' (b) The approving authority may approve a site specific development plan upon such
terms and conditions as may reasonably be necessary to protect the public health,
safety, and welfare.
' (c) Notwithstanding subsections (1) and (2), approval of a sites specific development
p P
plan with the condition that a variance be obtained shall not confer a zoning vested
' right unless and until the necessary variance is obtained.
(d) A site development plan shall be deemed approved upon the effective date of the
' approval authority's action or ordinance relating thereto.
(e) The establishment of a zoning vested right shall not preclude the application of
overlay zoning that imposes additional requirements but does not affect the
allowable type or intensity of use, or ordinances or regulations that are general in
nature and are applicable to all property subject to land -use regulation by the town,
including, but not limited to, building, fire, plumbing, electrical, and mechanical
codes. Otherwise applicable new or amended regulations shall become effective
with respect to property that is subject to a site specific development plan upon the
' expiration or termination of the vested right in accordance with this section.
(f) A zoning vested right is not a personal right, but shall attach to and run with the
' applicable property. After approval of a site specific development plan, all
successors to the original landowner shall be entitled to exercise such right while
applicable.
' 16.3 Approval Procedures and Approval Authority
I
(a) Except as otherwise provided in, this section, an application for site specific
development plan approval shall be processed in accordance with the procedures
1 125

7
15.4
'
established by ordinance and shall be considered by designated the d approval
authority for the specific type of zoning or land use permit or approval for which
application is made.
'
(b)
Notwithstanding the provisions of subsection (1) above, if the authority to issue a
particular zoning or land use permit or approval has been delegated by ordinance
,
to the board, committee, or administrative official other than the Board of
Commissioners, Board of Adjustment, or Planning Board, in orderto obtain a zoning
vested right, the applicant must request in writing at the time of application that the
'
application be considered and acted on by the Board of Commissioners, Board of
Adjustment, or the Planning Board following notice and a public hearing as provided
in G.S. 160A-364.
,
(c)
In order for a zoning vested right to be established upon approval of a site specific
development plan, the applicant must indicate at the time of application, on a form
'
to be provided by the town, that a zoning vested right is being sought.
(d)
Each map, plat, site plan, or other document evidencing a site specific development
plan shall contain the following notation: "Approval of this plan establishes a zoning
,
vested right under G.S. 160A-385.1. Unless terminated at an earlier date, the
zoning vested right shall be valid until (date)."
,
(e)
Following approval or conditional approval of a site specific development plan,
nothing in this section shall exempt such a plan from subsequent reviews and
approvals to ensure compliance with the terms and conditions of the original
,
approval, provided that such reviews and approvals are not inconsistent with the
original approval.
,
(f)
Nothing in this section shall prohibit the revocation of the original approval or other
remedies for failure to comply with the applicable terms and conditions of the
approval of the zoning ordinance..
'
Duration
(a) A zoning right that has been vested as provided in this section shall remain vested'
for a period of two (2) years unless specifically and unambiguously provided
otherwise pursuant to subsection (2). This vesting shall not be extended by any '
amendments or modifications to a site specific development plan unless expressly
provided by the approval authority at the time the amendment or modification is
approved. '
(b) Notwithstanding the provisions of subsection (1), the approval authority may provide
that rights shall be vested for a period exceeding two (2) years but not exceeding ,
five (5) years where warranted in light of all relevant circumstances, including, but
not limited to, the size of the development, the level of investment, the need for or
desirability of the development, economic cycles, and market conditions. These '
determinations shall be in the sound discretion of the approval authority at the time
the site specific development plan is approved.
126 '

c
() Upon issuance of a building permit, the expiration provisions of G.S. 160A-418 and
' the revocation provisions of G.S.160A-422 shall apply, except that a building permit
shall not expire or be revoked because of the running of time while a zoning vested
right under this section is outstanding.
' 15.5 Termination
A zoning right that has been vested as provided in this section shall terminate:
' (a) At the end of the applicable vesting g period with respect to buildings and uses for
which no valid building permit applications have been filed;
' (b) With the consent of the affected landowner;
' (c) Upon findings by the Board of Commissioners, by ordinance after notice and a
public hearing, that natural or man-made hazards on or in the immediate vicinity of
the property, if uncorrected, would pose a serious threat to the public health, safety,
' and welfare if the project were to proceed as contemplated in the site specific
development plan;
' (d) Upon payment to the affected landowner of compensation for all costs, expenses,
and other losses incurred by the landowner, including, but not limited to, all fees
paid in consideration of financing, and all architectural, planning, marketing, legal,
' and other consultant's fees incurred after approval by the town, together with
interest thereon at the legal rate until paid. Compensation shall not include any
diminution in the value of the property which is caused by such action;
' (e) Upon findings by the Board of Commissioners, by ordinance after notice and a
hearing, that the landowner or his representative intentionally supplied inaccurate
information or made material misrepresentations which made a difference in the
approval by the approval authority of the site specific development plan; or
(f) Upon the enactment or promulgation of a state or federal law or regulation that
precludes development as contemplated in the site specific development plan, in
which case the approval authority may modify the affected provisions, upon a
finding that the change in state or federal law has a fundamental effect on the plan,
by ordinance after notice and hearing.
' 15.6 Voluntary Annexation
A petition for annexation filed with the town under G.S. 160A-31 or 160A-58.1 shall contain a
' signed statement declaring whether or not any zoning vested right with respect to the properties
subject to the petition has been established under G.S. 160A-385.1 or 153A-344.1. A statement
that declares that no zoning vested right has been established under G.S. 160A-385.1 or 153A-
' 344.1, or the failure to sign a statement declaring whether or not a zoning vested right has been
established, shall be binding on the landowner and any such zoning vested right shall be
terminated.
1 127

15.7 Limitations
Nothing in this section is intended or shall be deemed to create any vested right other than
those established pursuant to G.S. 160A-385.1.
15.8 Repealer
In the event that G.S. 160A-385.1 is repealed, this section shall be deemed repealed and
the provisions hereof no longer effective.
15.9 Effective Date
This section shall be effective September 8. 1998, and shall only apply to site specific
development plans approved on or after October 1, 1991.
128

' SECTION 16. CERTIFICATE ISSUANCE
t16.1 Zoning Certificate
' No building or structure or any part thereof shall be erected or structurally altered until a
zoning certificate is issued by the Zoning Administrator. Each application for a zoning certificate
shall be accompanied by a plat, drawn to scale, showing accurate dimensions of the lot to be built
' upon, accurate dimension of the building to be erected, its location on the lot, and other such
information as may be necessary to provide for the enforcement of this ordinance. A careful record
of such applications and plats, together with a record of the action taken thereon, shall be kept in
' the office of the Town Planner.
No permit for excavation or erection of any building or part of a building, or for structural
' repairs to or alteration of a building, or the relocation of a building from the lot on which it is
situated, shall be issued until after a statement of its intended use has been filed by the applicant.
' 16.2 Certificate of Occupancy/Compliance
No land shall be used or occupied, except for farm purposes, and no building or structure
' shall be erected, altered, used or changed in use for other than farm purposes until a certificate of
occupancy/compliance shall have been issued by the Town Planner stating that the building and/or
the proposed use has been determined to be in compliance with the provisions of this ordinance.
' A like certificate shall be issued for the purpose of changing any existing use, as well as for
maintaining, renewing, changing, or extending any nonconforming use. A certificate of
occupancy/compliance, either for the whole or part of a building, shall be applied for prior to
' occupancy, and shall be issued within five days after the erection or alterations of such building or
part shall have been found in compliance with the provisions of this ordinance and other applicable
codes and ordinances. A record of all such certificates shall be kept on file in the office of the Town
' Planner and shall be furnished on request to any person having a proprietary of tenancy interest
in the building or land.
' 16.3 Penalties for Violation
Any person, firm, or corporation who violates any provision of this ordinance shall be guilty
' of a misdemeanor. Each day that violation continues to exist shall be considered a separate
offense.
1
129

. i
SECTION 17. PLANNING BOARD '
17.1 Composition of the Planning Board Pursuant to N C G S 160-A-361
(a) There shall be a Planning Board consisting of five (5) members and two (2) alternate '
members. Three (3) regular members and one (1) alternate member, appointed by the Board of
Commissioners, shall reside within the town. Two (2) members and one (1) alternate member, '
appointed by the Carteret County Board of Commissioners, shall reside within the town's
extraterritorial planning area. If, despite good faith efforts, enough residents of the extraterritorial
planning area cannot be found to fill the seats reserved for residents of such area, then the Carteret '
County Board of Commissioners may appoint other residents of the county (including residents of
the town) to fill these seats. If the county board fails to make these appointments within ninety (90)
days after receiving a resolution from the town Board of Commissioners requesting that they be '
made, the town Board of Commissioners may make them
(b) Planning board members shall be appointed for three (3)year staggered terms, but
members may continue to serve until their successors have been appointed. Alternates shall serve '
a one (1) yearterm. Initially, one (1) in -town member and one (1) extraterritorial area resident shall
be appointed for three(3) year terms; one (1) in -town member shall be appointed for a two (2) year
term; and one (1) in -town member and one (1) in -town alternate, and one (1) extraterritorial area '
member and one (1) extraterritorial alternate shall be appointed for one-year(1) terms. Vacancies
may be filled for the unexpired terms only.
(c) A person shall serve no more than two (2) consecutive terms. '
(d) Planning Board members may be removed by the Board of Commissioners at any time '
for failure to attend three consecutive meetings or for failure to attend twenty-five (25) percent or
more of the meetings within any twelve (12) month period or for any other good cause related to
performance of duties. Upon request of the member proposed for removal, the Board of '
Commissioners shall hold a hearing on the removal before it becomes effective.
(e) If an in -town member moves outside the town or if an extraterritorial area member
moves outside the planning jurisdiction, that shall constitute a resignation from the Planning Board, '
effective upon the date a replacement is appointed by the Board of Commissioners.
(f) The failure of any Planning Board member to attend at least seventy-five (75) percent
of the meetings during a twelve (12) month period shall be deemed a voluntary resignation and
constitutes a vacancy. The absent member's unexpired term may then be filled.
(g) The Board of Commissioners may remove any member of the Planning Board for ,
inefficiency, neglect of duty, or malfeasance in office.
(h) The chairperson and members of the Planning Board may be compensated for their '
services as members of said board in such an amount as the Board of Commissioners may
determine. '
130 1

17.2 Meetings of the Planning Board
' (a) The Planning Board shall establish a regular meeting schedule and shall meet
frequently enough so that it can take action in conformity with Section 17.5.
' (b) The Planning Board shall conduct its meetings so as to obtain necessary information
and to promote the full and free exchange of ideas.
' (c) Minutes shall be kept of all board proceedings by the town planner or his designee.
' (d) All board meetings shall be open to the public and whenever feasible,the agenda for
each board meeting shall be made available three (3) calendar days in advance of the meeting.
' (e) Whenever the board is called upon to make recommendations concerning a special use
permit request or a zoning amendment proposal, the planning staff shall post on or nearthe subject
property one or more notices that are sufficiently conspicuous in terms of size, location, and
' content to provide reasonably adequate notice to potentially interested persons of the matter that
will appear on the board's agenda at a specified date and time. Such notice(s) shall be posted at
least seven days prior to the meeting at which the matter is to be considered. The planning staff
' shall also send written notice to adjoining property owners if and to the extent required by any
regulation or requirement of the planning board adopted under subsection 19.3.
' 17.3 Quorum and Voting
(a) A quorum for the planning board shall consist of five (5) members. A quorum is
' necessary for the board to take official action.
(b) All actions of the planning board shall be taken by majority vote, a quorum being
present.
(c) A roll call vote shall be taken upon the request of any member.
' (d) Extraterritorial planning area members may vote on all matters considered by the board,
regardless of whether the property affected lies within or without the town.
' 17.4 Planning Board Officers
(a) Following initial Planning Board organization, the Planning Board members will at its
' first meeting elect a chairperson and vice -chairperson to serve until its first meeting in February at
which time the members shall elect a chairperson and vice -chairperson to serve a one (1) year
term. The planning board shall appoint such other officers as it may deem necessary and
' appropriate.
(b) The chairperson and vice -chairperson may take part in all deliberations and vote on all
' issues.
(c) The chairperson shall decide on all points of order and procedure unless directed
' otherwise by a majority of the board in session at the time.
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17.5 Powers and Duties of Planning Board
(a) The Planning Board may:
(1) Make studies and recommend to the Board of Commissioners plans, goals, and
objectives relating to the growth, development, and redevelopment of the town and
the surrounding extraterritorial planning area.
(2) Develop and recommend to the Board of Commissioners policies, ordinances,
administrative procedures, and other means for carrying out plans in a coordinated
and efficient manner.
(3) Make recommendations to the Board of Commissioners concerning proposed
planned building groups, special use permits, and proposed zoning map changes.
(4) Perform any other duties assigned by the Board of Commissioners.
(b) The planning board may adopt rules and regulations governing its procedures and
operations not inconsistent with the provisions of the chapter. .
17.6 Advisory Committees
(a) From time to time, the Board of Commissioners may appoint one or more individuals
to help the Planning Board carry out its planning responsibilities with respect to a particular subject
area. By way of illustration, without limitation, the Board of Commissioners may appoint advisory
committees to consider the thoroughfare plan, bikeway plans, housing plans, economic
development plans, etc.
(b) Members.of such advisory committees shall sit as nonvoting members of the Planning
Board when such issues are being considered and lend their talents, energies, and expertise to the
Planning Board. However, all formal recommendations to the Board of Commissioners shall be
made by the Planning Board.
(c) Nothing in this section shall prevent the Board of Commissioners from establishing
independent advisory groups, committees, or commissions to make recommendations on any issue
directly to the Board of Commissioners.
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' SECTION 18. BOARD OF ADJUSTMENT
' 18.1 Composition of the Board of Adiustment Pursuant to N C G S 160A-388
(a) Representation on the Board of Adjustment shall be provided for the residents of the
' extraterritorial area and residents of the Town of Beaufort consistent with General Statute 160A-
362, which provides for proportional representation based on population.
' (b) The Board of Adjustment (hereinafter called the board) shall consist of five (5) regular
members, and two (2) alternate members. Three (3) of the regular members, and one (1) of the
alternate members shall reside within the corporate limits of the Town of Beaufort at the time of
their appointment and shall be appointed by the town Board of Commissioners. Two (2) of the
' regular members and one (1) alternate member shall reside outside of the corporate limits of the
town, but within the limits of the extraterritorial jurisdiction of the Town of Beaufort, at the time of
their appointment and shall be appointed by the Board of Commissioners of Carteret County.
' (c) Board of Adjustment members shall be appointed for three (3) year staggered terms,
but members may continue to serve until their successors have been appointed. Alternates shall
' serve a one (1) year term. Initially, one (1) in -town member and one extraterritorial area resident
shall be appointed for three (3) year terms, one (1) in -town member shall be appointed for a two
(2)year term, and one in -town member and one extraterritorial area resident shall be appointed for
' one (1) year terms. Vacancies may be filled for the unexpired terms only
(d) The extraterritorial representatives have equal rights, privileges, and duties with the
town members of the board, and are required to vote on each question, regardless of whether the
' matters at issue arise within the town or within the extraterritorial area.
(e) Each alternate member, while attending any meeting of the board and serving in the
' absence of any regular member, shall have and may exercise all powers and duties of a regular
member. Any alternate member may serve for any regular member without regard to which
jurisdiction the alternate or the regular member was originally appointed by.
' (f) A person shall serve no more than two (2) consecutive terms.
18.2 Jurisdiction of the Board of Adiustment
' The Board of Adjustment shall have authority on any appeal relative to the provisions of this
ordinance originating from within the area encompassed by the legal description of the jurisdiction
' of this ordinance as described in section 4.
18.3 Rules for Proceedings of the Board of Adiustment
' The board shall adopt rules governing its organization and for all proceedings before it.
Such rules shall provide and require the following in addition to such other rules and regulations
the board shall adopt:
' -- Five (5) members of the Board of Adjustment shall constitute a quorum. A quorum
is necessary for the board to take official action.
' -- Following initial Board of Adjustment organization, the Board of Adjustment
members will at its first meeting elect a chairperson and vice -chairperson to serve
until its first meeting in February at which time the members shall elect a
' chairperson and vice -chairperson to serve a one (1) year term. The Board of
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Adjustment shall appoint such other officers as it may ' pP y deem necessary and
appropriate. _
-- The chairperson shall decide on all points of order and procedure unless directed 1
otherwise by a majority of the board in session at the time.
-- Vacancies occurring for reasons other than the expiration of terms shall be filled by ,
the appointing authority as they occur, for the period of the unexpired term.
-- The Board of Commissioners may remove any member of the Board of Adjustment '
for inefficiency, neglect of duty, or malfeasance in office.
-- The chairperson and members of the Board of -Adjustment may be compensated '
for their services as members of said Board of Adjustment, in such amounts as the
Board of Commissioners may determine.
The chairperson and vice -chairperson may take part in all deliberations and vote on '
all issues.
-- The Town Planner or his designee shall serve as the secretary of the board. The
secretary shall keep minutes of the proceedings. The minutes shall contain relevant
facts and testimony of each appeal, the vote of each member on each appeal, '
abstention from voting, and attendance.
— Due notice shall be given to all parties having interest in an appeal.
-- Any interested party may appear in person, by agent, or by Y attorne to offer '
evidence and testimony relative to an appeal.
18.4 Powers of the Board of Adjustment ,
(a) Review of Enforcement Officer's Decision '
Where it is alleged that there is any error in any order, decision, or requirements of the
enforcement officers appointed by the Board of Commissioners, the Board of Adjustment shall '
have the power to hear and decide any appeal taken from the order, decision or requirement of the
enforcement officer, and to grant a variance to the appellant to rectify any error of the enforcement
officer. A concurring vote of four members of the board shall be required to reverse any order, '
decision or determination of the enforcement officer, or to decide in favor of the applicant any
matter which the board is required to pass under the provisions of this ordinance, or to grant any
variation in this ordinance.
(b) Variances '
A variance may be granted to authorize upon appeal in specific cases such variance from '
the terms of this ordinance as will not be contrary to the public interest, where owing to special
conditions, a literal enforcement of the provisions of this ordinance will result in undue hardship,
and so that the spirit of this ordinance shall be observed and substantial justice done. In '
considering all proposed variances to this ordinance, the board shall, before making any finding
in a specified case, first determine that the proposed variances will not constitute any change in
the district boundaries shown on the zoning map, and will not impair any adequate supply of light '
and air to adjacent property, or materially increase the public danger of fire and safety, or adversely
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taffect the use or physical attributes of property within the s P Y p p y a urrounding area, or in any other respect
impair the public health, safety, and general welfare.
' In granting a variance, the board may impose thereto such conditions regarding the
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location, character, and other features of the proposed building, structure or use as it may deem
advisable in furtherance of the purposes of this ordinance.
Before a variance is granted, it shall be shown that special circumstances are attached to
the property which do not generally apply to other property in the neighborhood. A variance may
be granted only when the practical difficulty of undue hardship complained of is due to the particular
characteristics of the property and not to the general conditions of the neighborhood which may
' reflect an undue stringency of the ordinance itself. A hardship peculiar to the applicant as
distinguished from others affected by the general rule must be shown.
' The board may grant a variance in the dimensional yard requirements of this ordinance only
where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property
which was a lot of record as of the effective date of this ordinance, or where due to the
topographical conditions of a piece of property the strict application of the said dimensional
' requirements of this ordinance would result in practical difficulties or undue hardship of such nature
as described in the preceding paragraph.
' The fact that property may be utilized more profitably will not be considered as justification
for granting a variance by the board.
' The board shall have the power to grant, in particular cases, and subject to appropriate
safeguards, permits for special uses as authorized by section 10.
' (c) Additional Power
In addition to the general powers conferred upon the Board of Adjustment in the foregoing,
' the board shall have authority to make the following exception to the general provisions of this
ordinance:
Where a use district boundary line crosses a lot, the board, after a
' public hearing in which it has determined that the spirit and intent of
this ordinance has been carried out, may permit a use of either
classification on the whole lot, but not to exceed a distance of 150
' feet from the boundary line.
18.5 Appeal to the Board of Adjustment
An appeal may be taken to the Board of Adjustment by any person aggrieved by a decision
of any officer, department or board of the town relative to enforcement or interpretation of this
' ordinance. Such appeal shall be taken within a reasonable time as provided by the rules of the
board by filing the appeal with the Planning Department. The officer from whom the appeal is taken
shall forthwith transmit to the board all papers constituting the record upon which the action
' appealed from was taken.
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18.6 Appeal From Decision of the Board of Adjustment ,
Any person or persons aggrieved by a decision of the Board of Adjustment may, within
ninety (90) days, but not thereafter, present to Superior Court of Carteret County a petition for a '
writ of certiorari, duly verified, setting forth that such a decision is illegal, in whole or in part,
specifying the grounds of illegality, whereupon such a decision of the board shall be subject to
review as provided by law. '
SECTION 19. AMENDMENT PROCEDURE
19.1 Amendment by Own Motion
The Board of Commissioners may from time to time in accordance with general statutes '
proper notice of public hearing to amend, supplement, change, modify, or repeal the boundaries
or regulations herein or subsequently amended. This may be done on the Board of '
Commissioners' own motion or as a result of a recommendation after a public hearing as
prescribed below.
19.2 Amendment by Petition ,
The Board of Commissioners may also desire to take such action as a result of a petition '
presented by a private citizen or citizens in accordance with the following procedures. Such
petitions shall be presented to the Town Planner at least fifteen (15) working days prior to the
meeting of the Planning Board meeting at which it is to be heard, but not to include the day of the
meeting. The petition shall contain such information, and shall be presented in such manner as ,
specified by the Planning Board. The Planning Board, after studying the petition, shall prepare a
recommendation to be considered by the Board of Commissioners at its next regular meeting. This
recommendation will contain all reasons considered in the deliberations of the Planning Board. ,
Acceptance by the Board of Commissioners of a recommendation of the Planning Board
for an amendment to this ordinance will be only in the form of an authorization for notice of a public ,
hearing as prescribed by law. Notice for such public hearing shall be given once a week for two
(2) successive calendar weeks in a newspaper distributed in the town, and the first such notice
shall be published not less than fifteen (15) days and not more than twenty-five (25) days prior to ,
the date fixed for the hearing.
In case of a protest against any proposed amendments, signed by the owners of twenty '
(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 feet from the street frontage of the
opposite lots, an amendment shall not become effective except by favorable vote of three -fourths '
of all the members of the Board of Commissioners. The foregoing provisions concerning protests
shall not be applicable to any amendment which initially zones property added to the territorial
coverage of the ordinance as a result of annexation. '
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' 19.3 Notification
(a) The Board of Commissioners shall provide for the manner in which zoning
' regulations and restrictions and the boundaries of zoning districts shall be
determined, established and enforced, and from time to time amended,
supplemented or changed, in accordance with the provisions of this Article.
' Whenever there is a zoning map amendment, the owner of that parcel of land as
shown on the county tax listing, and the owners of all parcels of land abutting that
parcel of land as shown on the county tax listing, shall be mailed a notice of public
hearing on the proposed amendment by first class mail at the last addresses listed
' for such owners on the county tax abstracts. This notice must be deposited in the
mail at least ten (10) but not more than twenty five (25) days prior to the date of the
public hearing. The person or persons mailing such notices shall certify to the
' Board of Commissioners that fact, and such certificate shall be deemed conclusive
in the absence of fraud.
' (b) The first class mail notice required under subsection (a) of this section shall not be
required if the zoning map amendment directly affects more than fifty (50)
properties, owned by a total of at least fifty (50) different property owners, and the
' town elects to use the expanded published notice provided for in this subsection.
In this instance, a town may elect to either make the mailed notice provided for in
subsection (a) of this section or may as an alternative elect to publish once a week
' for four (4) successive calendar weeks in a newspaper having general circulation
in the area an advertisement of the public hearing that shows the boundaries of the
area affected by the proposed zoning map amendment and explains the nature of
the proposed change. The final two (2) advertisements shall comply with and be
' deemed to satisfy the provisions of G.S. 160A-364. The advertisement shall not be
less than one-half (1/2) of a newspaper page in size. The advertisement shall only
be effective for property owners who reside in the area of general circulation of the
' newspaper circulation area, according to the address listed on the most recent
property tax listing for the affected property, shall be notified by first class mail
pursuant to this section. The person or persons mailing the notices shall certify to
' the Board of Commissioners that fact, and the certificates shall be deemed
conclusive in the absence of fraud. In addition to the published notice, a town shall
post one or more prominent signs on or immediately adjacent to the subject area
' reasonably calculated to give public notice of the proposed rezoning.
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SECTION 20. ADMINISTRATION, ENFORCEMENT, AND PENALTIES
20.1 Zoning Enforcement
The Zoning Administrative Officer and his authorized agents are hereby appointed the
enforcement officers with the duties of enforcing the provisions of this ordinance. If a ruling of the.
Zoning Administrative Officer or his authorized agents is questioned, the aggrieved party or parties
may appeal such ruling to the Board of Adjustment.
20.2 Enforcement of Ordinance - Penalties
Pursuant tp N.C.G.S. 160 A-365, all provisions of this ordinance may be enforced by any
remedy provided by N.C.G.S 160-A-175.
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SECTION 21. LEGAL STATUS PROVISIONS
' 21.1 Validity
' If any section, sentence, clause, or phrase of this ordinance is for any reason held to be
invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The
Board of Commissioners hereby declares that it would have passed this ordinance, and each
section, clause, and phrase thereof, irrespective of the fact that any one or more sections,
' sentences or clauses be declared invalid.
21.2 Effective Date
This ordinance shall be in full force and effective henceforth from September 8. 1998. This
ordinance was duly adopted by the Board of Commissioners of the Town of Beaufort on September
' 8. 1998, with an effective date of September 8, 1998.
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