Zoning Ordinance-

Judy E. Allen
W.P. O'Neal, Jr.
John Jones, Chairman
Sammy Gaylord
Aubrey Hollowell
ZONING ORDINANCE
PREPARED FOR
TOWN OF BELHAVEN, NORTH CAROLINA
Dr. C.O. Boyette, Mayor
BELHAVEN TOWN COUNCIL
James B. Hodges
BELHAVEN PLANNING BOARD
Wilber Logan
City Manager
iJohnson
Assistance From
DCM COPY DCM COPY -;t Commission
)rawer 1787
j ton, NC 27889
lease do not remove!!!!!
Division of Coastal Management Copy
Project Staff
Connie Price, Planner -in -Charge
Jane Daughtridge, Technical Assistant
Lou Valenti, Cartographer
Jeanne Ashmore, Secretary
Ronr'e Flowers
Frank Ambrose, Jr.
Freddie Sawyer
Terry Sparrow
Dr. Thomas Vicars
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.

TOWN OF BELHAVEN
ZONING ORDINANCE
TABLE OF CONTENTS
ARTICLE SECTION SUBJECT PAGE
I
TITLE, ENACTMENT, JURISDICTION, AND PURPOSE
1.01
Title and Enactment ............................... 1
1.02
Short Title ....... .............................. .. 1
1.03
Jurisdiction ........................................ 1
1.04
Purpose.............I............................ 1
II
ESTABLISHMENT OF ZONING DISTRICTS AND PROVISION
FOR ZONING MAP
2.01
Official Zoning Map .................................. 3
2.02
Zoning Map Changes ................................. 3
2.03
Replacement of Official Zoning ............................ 3
2.04
Responsibility for Maintenance of Official Zoning Map .......... 4
2.05
Rules for Interpretation of Zoning District Boundaries ..:......... 4
III
APPLICATION OF REGULATIONS
3.01
Interpretation and Application ........................... 5
3.02
Construction . ........... I. ................... .... 5
3.03
Bulk, Density, Lot Coverage, Yards, and Open Spaces ......... 5
3.04
Computation of Required Spaces ................•........ 5
3.05
Reduction of Lots or Areas Below Minimum ................. 5
3.06
Classification of Added Territory ........................ 6
3.07
More than One Principal Building Per Lot ................... 6
3.08
Vision Clearance at Intersections ........................ 6
3.09
Walls and Fences ................................... 6
3.10
Reduction of Front Yard Setback Requirements .............. 6
3.11
Location of Accessory Buildings of Uses ................... 6
3.12
Lots with Multiple Frontage ............................ 7
3.13
Uses Prohibited .................................... 7
3.14
Required Buffers ................................... 7
3.15
No Structures in Public Right -of -Way ...................... 7
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TOWN OF BELHAVEN
ZONING ORDINANCE
TABLE OF CONTENTS
ARTICLE SECTION SUBJECT PAGE
III APPLICATION OF REGULATIONS, continued
3.16 Compliance with State Guidelines for Areas of
Environmental Concern ............................. 7
3.17 Substandard Lots of Record ........................... 8
3.18 Amortization of Separate Use Signs ...................... 8
IV INTERPRETATION AND DEFINITION OF TERMS
4.01 Interpretation and Definition of Terms ..................... 9
4.02 Definition of Specific Terms .and Words .................... 9
V NONCONFORMITIES
5.01 Intent ........................................... 15
5.02 Nonconforming Structures ............................. 15
5.03 Nonconforming Use ................................. 15
5.04 Repairs or Restoration ............................... 16
5.05 Avoid Undue Hardship .............................. 16
VI GENERAL PROVISIONS
6.01 Water Supply and Sewage Disposal Requirements ............ 17
6.02 Signs ........................................... 18
6.03 Temporary Uses .................................... 20
6.04 Parking Requirements .......... . ....:................ 21
6.05 Buffers .......................................... 33
VII SCHEDULE OF DISTRICT REGULATIONS
7.01 Residential District (R-5)_...... 34
7.02 Residential -Mobile Home District (13-510) .................... 35
7.03 Marine Business District (MB) .......................... 37

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1.
TOWN OF BELHAVEN
ZONING ORDINANCE
TABLE OF CONTENTS
ARTICLE SECTION SUBJECT PAGE
7.04 General Business (GB) ... .......................... 39 .
7.05 Highway Business District (HB) ........................ 41
7.06 Industrial District (1)................................. 43
7.07 Residential -Agricultural -Developmental District (RAD) ........... 44
Vill CONDITIONAL USES
8.01 General Requirements ................................ 46
8.02 Additional Requirement ............................. 46
8.03 Failure to Comply with Conditions ........................ 47
8.04 Requirements for Some Conditional Uses .................. 47
IX
MOBILE HOME PARK REGULATIONS
9.01
General Requirements ....................... :........
51
9.02
Application Procedure ................................
52
X
ADMINISTRATION AND ENFORCEMENT
10.01
Zoning Administrator ..................................
54
10.02
Zoning Permit Required .................................
54
10.03
Certificate of Occupancy Required .......................
54
10.04
Application for Zoning Permit and Certificate of Occupancy .......
54
10.05
Records and Invalidation ................................
54
10.06
Penalties for Violation ......... ................. ...
55
10.07
Right of Appeal ........... ........ ............. .
55
XI
BOARD OF ADJUSTMENT
11.01
Creation and Membership .............................
56
11.02
Proceedings of the Board of Adjustment ...................
56
11.03
Powers and Duties ..................................
57
11.04
Appeals .........................................
58

TOWN OF BELHAVEN
ZONING ORDINANCE
TABLE OF CONTENTS
ARTICLE SECTION SUBJECT
PAGE
Xll
AMENDMENTS
12.01
Amendment or Motion of Town Council ........
59
12.02
Petition for Amendment ........... ...................
59
12.03
Planning Board Review and Recommendation ...............
59
12.04
Public Hearing by the Town Council ......................
59
12.05
Vote of Town Council ................................
60
12.06
Protest Against Amendment .. ................. .....
60
12.07
Denial of Petition ...................................
60
XIII
LEGAL STATUS PROVISIONS
13.01
Effects upon Outstanding Building Permits ..................
61
13.02
Interpretation, Purpose, and Conflict ....... . ............ .
61
13.03
Validity ................................. .......
61
13.04
Effective Date .....................................
61
APPENDIX A. Vehicle Accommodation Area Surfaces
iv

v
ARTICLE I
Title, Enactment, Jurisdiction, and Purpose
SECTION 1.01. Title and Enactment.
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE TOWN
OF BELHAVEN, A MUNICIPAL CORPORATION OF THE STATE OF NORTH CAROLINA, AND ITS
EXTRATERRITORIAL JURISDICTION, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT
AND ENACTMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF THE NORTH CAROLINA
GENERAL STATUTES, ARTICLE 19, CHAPTERS 160A-381 THROUGH 160A-392, AND FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH.
THEREFORE, BE IT AND THE SAME IS HEREBY ENACTED BY THE TOWN COUNCIL OF
BELHAVEN, NORTH CAROLINA, THIS THE 26TH DAY OF JUNE, 1989.
SECTION 1.02. Short Title.
This ordinance shall be known.as the 'Zoning Ordinance of the Town of Belhaven, North
Carolina.' The map herein referred to, which is identified by the title 'Official Zoning Map of Belhaven,
North Carolina,' shall be known as the 'Zoning Map.'
SECTION 1.03. Jurisdiction.
This ordinance shall apply within the corporate limits of the Town of Belhaven, North Carolina,
and within its extraterritorial jurisdiction as now or hereinafter fixed and shown on the 'Official Zoning
Map of Belhaven, North Carolina.'
SECTION 1.04. Purpose.
In accordance with the provisions of Chapter 160A, Article 19, of the General Statutes of North
Carolina, the Town Council of Belhaven, having designated the Belhaven Planning Board as the
11

ki
ARTICLE 1. Title, Enactment, Jurisdiction and Purpose
page 2
planning agency to prepare a zoning plan showing proposed district boundaries and recommending a
procedure by which the zoning regulations and restrictions and the boundaries of the zoning districts
shall be determined, established, and enforced, and from time to time amended, supplemented or
changed, and having received from the planning board a certified plan taking into consideration the
character of each district and its 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, hereby
adopts this Zoning Ordinance. The Zoning Ordinance has been prepared in accordance with a
comprehensive plan for the development of Belhaven and is designed to lessen congestion in the
streets; to secure safety from fire, panic, and their 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 to give reasonable consideration to the expansion and development of
the town so as to provide for its orderly growth and development.

L
ARTICLE 11
Establishment of Zoning Districts
and Provision for Zoning Map
SECTION 2.01. Official Zoning Mae.
For the purposes of this ordinance, the Town of Belhaven and its extraterritorial jurisdiction are
hereby divided into zones or districts as shown on the Official Zoning Map of Belhaven, North Carolina,'
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
Belhaven and attested by the Clerk and bearing the seal of the town under the following words:
'This is to certify that this is the Official Zoning Map referred to in Article II of the
Zoning Ordinance of Belhaven, North Carolina,' together with the date of adoption of
this ordinance.
The Official Zoning Map, which shall be located in the Municipal Building, shall be the final
authority as to the current zoning status of land, water areas, and buildings in the town and its
extraterritorial jurisdiction.
SECTION 2.02. Zoning Map Changes.
If, in accordance with Article XII of this ordinance, changes are made in the zoning district
boundaries or other matter shown -on the map, such changes shall be made together with an entry on
the map as follows:
'On (date), by official action of the Town Board, the following changes were made . in
the Official Zoning Map: (brief description of change).'
The entry shall be signed by the Mayor and attested by the Town Clerk. No amendment to
this ordinance which involves a matter portrayed on the map shall become effective until after such'
change and entry has been made on said map. The Town Council shall give official notice of the
zoning change to the zoning administrator within twenty-four (24) hours after passage of said change.
SECTION 2.03. Replacement of Official Zoninq Map.
In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to
interpret, the Town Council may, by ordinance, adopt a new official zoning map which shall be the
same in every detail as the map it supersedes. The new map shall bear the signatures of the Mayor
and Town Clerk and shall bear the seal of the town under the following words:
'This is to certify that this Official Zoning map supersedes and replaces the Official
Zoning Map adopted on (date of adoption of map replaced)' together with the date of
adoption of the new map.
3

N,
ARTICLE 11. Establishment of Zoning Districts and
Provision for Zoning Map
page 4
SECTION 2.04. Responsibility for Maintenance of the Official Zoning Map.
The zoning administrator shall be responsible for the maintenance of and revision of the official
zoning map. Upon notification by the Town Council that a zoning change has been made, the zoning
administrator shall make the necessary changes on the official zoning map within twenty-four (24) hours
following notification.
SECTION 2.05. Rules for Interpretation of Zoning District Boundaries.
Where uncertainty exists with respect to the boundaries of any of the districts as shown on the
"Official Zoning Map of Belhaven, North Carolina,' the following rule shall apply:
(1) Boundaries indicated as approximately following the center lines of
streets, highways, alleys, or railroads shall be construed to follow such
center lines;
(2) Boundaries indicated as approximately following platted lot lines shall
be construed as following such lot lines;
(3) Boundaries indicated as approximately following town limits shall be
construed as following such town limits;
(4) Boundaries indicated as following shorelines shall be construed to
follow such shorelines, and in the event of change in the shoreline shall
be construed as moving with the actual shoreline; boundaries indicated
as approximately following the center lines of streams, rivers, creeks,
canals, lakes, or other bodies of water shall be construed to follow
such center lines;
(5) Boundaries indicated as parallel to or extensions of features indicated
on subsections 1 through 4 above shall be so construed. Distances
not specifically indicated on the Official Zoning Map shall be deter-
mined by the scale of the map;
(6) Where physical or cultural features existing on the ground are at
variance with those shown on the Official Zoning Map, or in other
circumstances not covered by subsection 1 through 5 above, the Board
of Adjustment shall interpret the district boundaries.
(7) If a district boundary divides a lot, the requirements for the district in
which the greater portion of the lot lies shall be extended to the
balance of the lot provided that such extension shall not include any
part of such lot which lies more than one hundred (100) feet beyond
the district boundary; and further, that the remaining parcel shall not be
less than the minimum required for the district In'which it is located.

y ,
ARTICLE III.
Application of Regulations
SECTION 3.01. Interpretation and Application.
In interpreting and applying these regulations, the requirements contained herein are declared
to be.the minimum requirements necessary to carry out the purposes of these regulations. Except as
hereinafter provided, these regulations shall not be deemed to interfere with, abrogate, annul, or
otherwise affect in any manner whatsoever any easements, covenants, or other agreements between
parties. Wherever the provisions of these regulations impose greater restrictions upon the use of land
or buildings, or require a -larger percentage of the lot to be left unoccupied than the provisions of other
ordinances, rules, regulations, permit, or any easements, covenants, or other agreements between
parties, the provisions of these regulations shall govern.
SECTION 3.02. Construction.
No building, structure or part thereof shall hereafter be constructed except in conformity with all
of the regulations applicable where indicated.
SECTION 3.03. Bulk, Density, Lot Coverage, Yards, and Open Spaces.
No building or other structure shall hereafter be erected or altered to exceed bulk requirements
of this ordinance; nor to accommodate a greater number of families than allowed by this ordinance; nor
to accommodate a greater percentage of lot area than allowed by this ordinance; nor to have narrower
or smaller front yards, side yards, rear yards, or other open spaces than required by this ordinance; -
nor shall any building, structure, or land be used in any other manner contrary to the provisions of this
ordinance.
SECTION 3.04. Computation of Required Spaces.
No part of a yard, or other open space required in connection with any building, shall be
included as part of a yard, open space, or off-street parking or loading space similarly required for any
other building for the purpose of complying with this ordinance.
SECTION 3.05. Reduction of lots or areas Below Minimum.
No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension
or area below the minimum requirements set forth herein.
Yards or lots created after the effective date of this ordinance shall meet at least the minimum
requirements established by this ordinance.
5 1

ARTICLE III. Application of Regulations
page 6
SECTION 3.06. Classification of Added Territory.
All territory not Included under the provisions of this ordinance hereafter added to the zoning
jurisdiction of the Town shall be considered to be in the Residential -Agricultural -Development classifica-
tion until otherwise classified.
SECTION 3.07. More Than One Principal Building Per Lot.
In any district, more than one building housing a permitted principal use may be erected on a
single lot, provided that yard and other requirements of this ordinance shall be met for each building
as though it were on an individual lot.
SECTION 3.08. Vision Clearance at Intersections.
On a corner lot, nothing shall be erected, placed, planted, or allowed to .grow in such a
manner as to materially impede vision between a height of two and one-half (2-1/2) feet and ten (10)
feet in a triangular area formed by the intersection of the right-of-way of two (2) streets or a street and
a railroad, and a diagonal line which intersects the right-of-way lines at two (2) points twenty-five (25)
feet from the point at which the rights -of -way intersect.
SECTION 3.09. Walls and Fences.
The setback requirements of these regulations shall not prohibit any necessary retaining wall or
prohibit any wall or fence. However, within or abutting the Resideat District, no wall or fence shall
exceed six (6) feet in height within a front or side yard; and in the General Business, Highway Busi-
ness, or Industrial District, no fence shall exceed (10) feet in height.
SECTION 3.10. Reduction of Front Yard Setback Requirements.
In the Residential District, where the average setback distance for existing buildings on all lots
located wholly or partly within two hundred;(200) feet of any lot, and within the same zoning district
and fronting on the same side of the same street as such lot, is less than the minimum setback
required in said zoning district, the setback on said lot may be less than the required setback, but not
less than the existing average setback -distance for all lots within the two hundred (200) feet. When
lots within the two hundred (200) feet -are vacant, said vacant lots shall be considered as having the
average setback for the purpose of computing an average setback distance.
SECTION 3.11. Location of Accessory Buildings or Uses.
Accessory buildings may be erected in any required side or rear yards, provided that no
separate accessory building shall be erected within ten (10) feet of any other building, or within five (5)
feet from any lot lines. No accessory building shall be located on the side yard required on the street
side of a corner lot.

ARTICLE III.
SECTION 3.12.
Lots with Multiple Frontage.
Application of Regulations
page 7
In the case of a corner lot having frontage on two (2) or more streets, all buildings. shall be set
back from each street a distance equal to the minimum for the front yard requirement for the district. If
a building is constructed on a lot having frontage on two (2) roads but not at an intersection, a setback
from each road shall be provided equal to the front yard requirement for the district in which the lot is
located.
SECTION 3.13. Uses Prohibited.
If either a use or class of use is not specifically indicated as being permitted in a district, either
as a matter of right or as a conditional use, then such use or class of use shall be prohibited in such
district.
SECTION 3.14. Required Buffers.
In order to lessen the impact of incompatible land use, a visual buffer of six (6) feet or more in
height shall be provided and maintained to separate those uses which are deemed to have a negative
effect on residential or other areas. When new business or industrial construction will abut an existing
residential district or use, a buffer strip with a visual buffer shall be provided and maintained by the
business or industrial use. In addition, when new residential construction will abut an existing business
or industrial use, the buffer strip and visual buffer shall be provided by the residential developer. This
buffer strip shall be part of the lot(s) and shall be maintained by the lot owner(s) or the home owners'
association, in the case of commonly -owned land. (See §6.05.)
SECTION 3.15. No Structures in Public Right -of -Way.
No building, fence, or other structure, or part thereof, shall be erected or installed in any public
road, street, lane, alley, or other public right-of-way.
SECTION 3.16. Compliance with State Guidelines for Areas of Environmental Concern
(AEC).
Prior to the issuance of any zoning permit or conditional use permit, the zoning administrator
shall determine whether the proposed use or structure is located within an Area of Environmental
Concern as indicated on North Carolina Zoological Resources Overlay (1-63) - Belhaven Quadrangle,
provided by the North Carolina Department of Natural Resources and Community Development. If the
proposed use or structure is located in an Area of Environmental Concern, the zoning administrator
shall certify that the proposed use or structure is in accordance with the State Guidelines for Areas of
Areas of Environmental Concern prior to issuing the zoning permit.

ARTICLE III.
Application of Regulations
page 8
SECTION 3.17. Substandard Lots of Record.
Any lot of record as of January 1, 1989, which has an area or width, or both, which is less
than required by this chapter shall be subject to the following exceptions and modifications:
A. Adioining lots. Where two or more adjoining lots with continuous frontage are in one
ownership at any time on or after January 1, 1989, and such lots individually are less
than the minimum square footage or have lessthan the minimum width required in the
district in which they are located, then such group of lots shall be considered as a
single lot or several lots of minimum permitted area and width for the district in which
located.
B. Lot not meeting minimum lot size requirements. Except as set forth in the previous
section, in any district in which single-family dwellings are permitted, any lot of record
existing on January 1, 1989, which has an area or width which is less than required by
these regulations may be used as a building site for a single-family dwelling, in an R
District.
C. Side yard requirements. Except as set forth in Section 3.17A, where a lot has a width
less than that required in the district in which it is located, then the building inspector
shall be authorized to reduce the side yard requirements for such lot; provided, that no
side yard shall be less than six feet wide.
SECTION 3.18. Amortization of Separate Use Signs.
At the effective date of this ordinance, all separate use signs shall be prohibited in all districts.
Nonconforming separate use signs shall be removed from their present locations within a period of
sixty-six (66) months.

0
ARTICLE IV.
Interpretation and Definition of Terms
SECTION 4.01. Interpretation of Common Words and Terms.
Words used in the present tense include the future tense.
Words used in the singular number shall include the plural and words used in the plural shall
include the singular.
The word 'person' includes a firm, partnership, company, organization, trust, association, or
corporation, as well as an individual.
The word 'lot' includes the words 'plot,' 'parcel; or 'trams'
The word 'building" includes the word "structure.'
The word 'used' or 'occupied' as applied to any land or building shall be construed to include
the words 'intended, arranged, or designed to be used or occupied.'
The word 'shall' is always mandatory.
The word 'may' is permissive.
SECTION 4.02. Definition of Specific Terms and Words.
Accessory building or use. A subordinate building or use, the use of which is incidental to that
of the principal building or use on the same lot.
Administrator, Zoning. The person, officer, or official and his authorized representative whom
the Town has designated as its agent for the administration of these regulations. The administrator
may provide for the enforcement of this ordinance by means of withholding zoning permits and
occupancy permits, and by instituting injunctions, mandamus, or other appropriate action or proceeding
to prevent unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; to
correct or abate such violation, or to prevent the occupancy of said building, structure, or land.
Alley. A public or private thoroughfare which affords only a secondary means of access to
abutting property.
Apartment. See Dwelling, multifamily.
Attached. Connected or fastened together.
Bed & Breakfast Inn. A single-family dwelling with a room or rooms without cooking facilities
that are rented, and which provides a breakfast meal but no other daily meals on the premises for
guests only.
E

ARTICLE IV. Interpretation and Definition of Terms
page 10
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, 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.
Building. Any structure enclosed and isolated by exterior walls or column 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, principal. A building in which is conducted the principal use f the lot on which is it 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, steps, eaves,
gutters, and similar fixtures, and the street right-of-way line when measured perpendicularly thereto.
Certificate of occupancy A statement signed by the zoning administrator -or his assistant,
stating that the building, structure, or use of land complies with the zoning ordinance of the Town of
Belhaven, North Carolina, and with the standards of the Beaufort County Health Department and the
North Carolina Department of Human Resources.
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 or more doctors or dentists, whether.in a residence or not, shall be considered a
clinic.
Convenience Store. A one-story retail store containing less than 2,000 square feet of gross
floor area that is designed and stocked to sell primarily food, beverages and other household supplies
on a 'few items at a time" basis. It is designed to attract and depends upon a large volume of stop -
and -go traffic.
a
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.
Dwelling, single-family. A detached residential building, other than a mobile home or modular
unit, designed for or occupied exclusively by one (1) family.
Dwelling, two-family. A detached residential building, other than a mobile home, designed for
or occupied exclusively by one (1) family.
Dwelling, multifamily. A building, or portion thereof, used or designed as a residence for three
(3) or more families living independently (with separate housekeeping and cooking facilities)' of each
other.

ARTICLE IV. Interpretation and Definition of Terms
page 11
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.
Health centers. See Clinic.
Height, building. The vertical distance measured from the average grade to the highest point
of a flat roof; to the deck line of a mansard roof; or the mean height level between the eaves and
ridges of a gable, hip, or -gambrel roof.
Home occupation. Any profession or occupation for gain carried on by a member of a family
or an individual residing on the premises, such use being incidental and subordinate to the residential
use. The term 'home occupation' shall not be deemed to include a tourist home.
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.
Junkyard. The use of more than two hundred (200) square feet of the area of any lot for the
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 thereof.
Lot. A parcel of land occupied or capable of being occupied by a building or group of
buildings devoted to a common use, together with the customary accessories and open spaces
belonging to the same.
Lot, corner. A lot which occupied the interior angle at the intersection of two (2) street lines.
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 zoning permit. Setback requirements for street side yards or corner lots shall equal the
front yard requirements for that district.
Lot depth. The mean horizontal distance between the front 'and rear lot lines.
Lot front footage. The lot which measured on the street right-of-way line.
Lot of record. A lot which is part of a subdivision, a plat of which has been recorded in the
Office of the Register of Deeds of Beaufort County, or a lot described by metes and bounds, the
description of which has been so recorded.
Lot width. The distance between side lot lines measured at the building setback line.
Mobile Home. A dwelling unit that:
a. is not constructed in accordance with the standards set forth in the North Carolina ,
State Building Code for site -built homes and
b. is composed of one or more components, each of which was substantially assembled
in a manufacturing plant and designed to be transported to the home site on its own
chassis, and

ARTICLE IV.
Interpretation and Definition of Terms
page 12
C. exceeds forty (40) feet in length and eight (8) feet in width.
. Mobile Home Class A. A mobile home constructed after July 1, 1976, that meets or exceeds
the const: uction standards promulgated by the U.S. Department of Housing and Urban Development
that were in effect at the time of construction and that satisfies each of the following additional criteria:
a.: The exterior siding consists of wood, hardboard, aluminum or vinyl (that does not
exceed the reflectivity of gloss white paint) comparable in composition, appearance,
and durability to the exterior siding commonly used in standard residential construction;
b. A continuous, underpinning, unpierced except for required ventilation and access, is
installed under the home;
c.. Stairs, porches, entrance platforms and other means of entrance and exit to the home
shall be installed or constructed in accordance with the standard set by the North
Carolina Department of Insurance.
Mobile Home Class B. A mobile home constructed after July 1, 1976, that meets or exceeds
the construction standards promulgated by the Department of Housing and Urban Development that
were in effect at the time of construction but that does not satisfy all of the criteria necessary to qualify
the house as a Class A mobile home.
Mobile Home Class C. Any mobile home that does not meet the definitional criteria of a Class
A or Class B mobile home..
Mobile Home Park. Any tract of land upon which two or more mobile homes occupied for
dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such
service on any site or tract of land designed for such occupancy.
Modular Home. A dwelling unit constructed in accordance with the standards set forth in the
North Carolina State Building Code and composed of components substantially assembled in a
manufacturing plant and transported to the building site for final assembly on a permanent foundation.
Among other possibilities, a modular home may consist of two or more sections transported to the site
in a manner similar to a mobile home (except that the modular home meets the N.C. State Building
Code), or a series of panels or room sections transported on a truck and erected or joined together on
the site.
Open space. All land area not covered by buildings, structures, parking area, or street
pavement.
Parking space. A space of not less than two hundred (200) square feet suitable to accom-
modate one (1) automobile, plus the necessary access space. It shall always be located outside the
dedicated street right-of-way.
Park. A public recreation area in public or private ownership that is operated for the con-
venience and recreation of the public, and containing such facilities as the owning public or private
agency or party shall see ft.
f

L,
ARTICLE IV.
Interpretation and Definition of Terms
page 13
Recreation facilities. This is a broad classification which includes, but it not limited to: parks,
playgrounds, tot lots, and the wide range of required recreational equipment necessarily accompanying
these recreation facilities.
Recreation, indoor. Includes a wide variety of recreational activities designed for housing in an
enclosed building. Examples are: (1) bowling alleys, (2) movie houses, (3) museums, (4) pool halls,
and (5) archery lanes.
Roominq house. A building, or part thereof, not a hotel or inn, in which five 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.
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.
Billboards. A sign which directs attention to and is located other than the premises where a
business, commodity, service, or entertainment is conducted, sold or offered.
Bulletin board. A sign on a premises used to announce meetings or programs to be held at a
church, school, auditorium, library, museum, community recreation center, or similar noncommercial
placed of public assembly.
Principal use sign. A sign which directs attention to a business, commodity, service, entertain-
ment, or other activity conducted, sold, or offered exclusively on the premises upon which said sign is
located.
Separate use sign. Any sign, including a standard poster panel, which directs attention to a
business, commodity, service, entertainment, or other activity conducted, sold, or offered elsewhere than
on the premises on which said sign is located.
Directional sign. Signs other than business signs which contain only the name of a parking
area or similar accessory sue to a business establishment to which direction is given.
Flush -mounted sign. A sign mounted flat against the surface of a building.
Free-standing sign. A sign which is supported by uprights or braces placed upon or in or
supported by the ground, and is 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.

ARTICLE IV. Interpretation and Definition of Terms
page 14
ProiectinQ sign. A sign which is attached to a building by supports which extend at any angle
from the building more than two (2) feet.
Social service center. A public institution for dispersing of social service information, foodstuffs,
or food stamps, welfare services, social security services, etc.
Street. A private access way or a dedicated and accepted public right-of-way for vehicular
traffic which affords the principal means of access to abutting properties.
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 on
the ground.
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.
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 the rear lines of the buildings, 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.

ARTICLE V.
Nonconformities
SECTION 5.01. Intent.
Within the districts established by this ordinance or amendments there may exist lots,
structures, and uses of land and structures which were lawful before this ordinance was passed or
amended, but which are prohibited under the terms of this ordinance. Such lots, structures, and uses
shall be termed nonconforming. It is the intent of this ordinance to permit these nonconformities to
continue in their present condition; but they are not to be enlarged, expanded, extended, nor used as
grounds for added other structures or uses prohibited elsewhere in the same district.
SECTION 5.02. Nonconforming Structures.
Where, at the effective date of adoption or amendment of this ordinance, an existing structure
could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage,
height, yards, or other characteristics of the structure or its location on the lots, the use of such
structure may be continued so long as the building remains otherwise lawful, subject to the following
provisions:
1. No such structure may be enlarged or altered in a way which increases its, noncon-
formity;
2. Should such structure be moved for any reason for any distance whatever, it shall
thereafter conform to the regulations for the district in which it is located after it is
moved;
3. A nonconforming structure, damaged or destroyed by fire, wind, flood, or other natural
causes may not be repaired or rebuilt except in a manner as would be conforming in
cases where damage exceeds 50%' of actual replacement value or 75% of assessed
value, whichever is smaller.
SECTION 5.03. Nonconforming Use.
Where, at the effective dale of adoption or amendment of this ordinance, a lawful use of land
exists that is made no longer permissible under the terms of this ordinance as enacted or amended,
such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
1. Nonconforming uses shall not be enlarged or increased, nor extended to occupy a
greater area of land than was occupied at the effective date of adoption or -amendment
of this ordinance;
2. Nonconforming uses shall not be moved in whole or in part to any other portion of the
lot or parcel occupiedby such use at the effective date of adoption or amendment of
this ordinance;
15

j
ARTICLE V. Nonconformities
page 16
3. Any nonconforming land, structure, or use which, in part or whole, is made to conform
to the district regulations may not thereafter be returned to a nonconforming use nor
be changed in such a manner as would be nonconforming.
SECTION 5.04. Repairs and Restoration.
Repairs and modernization are permitted on any building devoted in whole or part to any
nonconforming use, providing that the cubical content of the building shall not be increased.
Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe
condition of any building or part thereof declared to be unsafe by any public official charged with
protecting the public safety, upon order of such official. Repair or restoration shall be considered to be
started when building materials are placed on the site.
SECTION 5.05. Avoid Undue Hardship.
To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the
plans, construction, or designated use of any building on which actual construction was lawfully begun
prior to the effective date of adoption or amendment of this ordinance and upon which actual building
construction has been diligently carried on.
1

ARTICLE VI.
General Provisions
SECTION 6.01. Water Supply and Sewage Disposal Requirements.
A. Approval.
Unless the lot is served by a public water and sewer system, each application for a zoning
permit or a conditional use permit or a certificate of occupancy shall be accompanied withplans of the
proposed methods of water supply and sewage disposal in a form acceptable to the appropriate
authorizing agency. No excavation or construction for any building or use of land shall be commenced
until subsequent approval is noted on the plan of proposed development and a zoning permit is
issued.
B. Method to be Specified.
Any such application shall specify the method or methods to be used and shall
describe any special conditions to be met. Such methods, and the.approval required, including the
following:
1. Connection to public sewerage or water systems operated by a municipality,
sanitary district, or other governmental agency: connection approval by an
authorized officer of such systems.
2. Connection to community sewerage or water systems operated by a respon-
sible person, firm, or corporation other than a governmental agency:.
connection approval by an authorized officer of such system.
3. Installation of other than public or community sewerage systems: design
approval by the Beaufort County Health Department.
C. Systems Approval.
The sewerage and water systems to which connections are to be made shall be
authorized as follows:
1. Water Supply
a. Individual supply approval by the Beaufort County Health Department.
b. For Teri to twenty-five dwelling units, approval by the North Carolina
Board of Health.
C. For twenty-five or more dwelling units, approval by the North Carolina
Board of Health and the North Carolina Utilities Commission.
2. Sewage Collection and Treatment
a. For a septic tank, approval by the Beaufort County Health Department.
17

ARTICLE VI.
General Provisions
page 18
b. For a sewerage system serving facilities regulated by the State Board
of Health, j.e., institutions, restaurants, motels, etc., approval by the
Beaufort County Health Department.
C. For a sewerage system serving all other uses, i.e., industry, commerce,
communities, etc., approval by the North Carolina Department of Natural
Resources ad Community Development, Division of Environmental
Management, Water Quality Section, when applicable.
SECTION 6.02. Si ns.
It is the intent of this section to permit signs of a commercial nature in appropriate locations
and to regulate the size and placement of signs intended to be seen from a public right-of-way in the
.interest of public safety and the general welfare. All signs within the jurisdictional area shall be covered
by these regulations and shall be erected, constructed, and maintained in accordance with the
provisions of this section.
A. General Provisions
1. No sign shall be erected or constructed so as to obstruct corner visibility or
visibility at a driveway between a height of two and one-half (2-1/2) -and ten
(10) feet. '
2. No sign or sign structure shall be located in a public right-of-way.
3. No sign or outdoor advertising structure shall be erected or maintained which is
a copy or imitation of an official highway sign and carrying the words 'STOP,'
'GO,' 'DANGER,' or 'SLOW.'
4. No sign or advertising structure shall be permitted which 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.
5. No flashing or intermittent illumination shall be permitted on any sign or
structure. Illumination devices such as, but not limited to, flood or spotlights
shall be so placed and so shielded as to prevent the rays of illumination
therefrom being cast upon neighboring buildings and/or vehicles approaching
from either direction.
6. Wherever a sign becomes structurally unsafe or endangers the safety of a
building or the public, the zoning administrator shall order that such a sign be
made safe or removed. A period of ten (10) days following receipt of said
order by the person, firm, or corporation owning or using the sign shall be
allowed for compliance.

ARTICLE VI.
General Provisions
page 19
7. Nonconforming signs, when removed for other than normal maintenance, may
not be erected again nor may any such signs be replaced with another
nonconforming sign.
8. Sign bases shall be at least ten (10) feet from any right-of-way line or property
line and twenty (20) feet from a right-of-way intersection. No part of a free-
standing sign shall extend beyond a line projected vertically from two (2) feet
inside the right-of-way line and no portion of such sign shall be less than ten
(10) feet above the finished grade of the pavement except as herein provided
in the Business District. In no way shall a sign hinder or obstruct visibility on
the right-of-way or at intersections.
9. Separate use signs shall not be allowed in any district.
B. Signs Not Requiring a Permit
The following type of signs may be allowed in any district without a permit:
1. Occupant and House Number -Signs not exceeding one (1) square foot in
area and bearing only property numbers, post office box numbers, names of
occupants, or other identification not having commercial connotations;
2. Directional and Information Signs - Erected and maintained by public agencies
and governmental bodies;
3. Professional and Home Occupation Signs - One sign per lot not to exceed four
(4) square feet, located at least ten (10) feet from the street line and side
property lines. Where side yards are required, no such sign may be erected in
such side yards. Only indirect lighting shall be allowed in a residential district.-
4. Temporary Lease, Rent, or Sale Signs - One (1) sign per lot not to'exceed
three (3) square feet in area, pertaining only to lease, rental, or sale of the
property on which displayed. No such sign shall be illuminated in a residential
district. Spch signs may be indirectly illuminated in nonresidential districts.
5. Bulletin Boards - Churches, schools, community centers, and similar public and
institutional uses may erect one sign or' bulletin board not to exceed twelve (12)
square feet in area for the purpose of displaying the name of the institution and
related information. Such signs shall be used as wall signs or shall be located
a minimum of twelve (12) feet from the street line and side lot lines. Where
side yards are required, no such sign shall be erected in such side yards.
Such signs may be indirectly illuminated.

ARTICLE VI. General Provisions
page 20
6. Construction Signs - During the construction, repair, or alteration of a structure,
temporary signs which denote builder or other participants in the project, or
which denote the name of the structure and its occupants -to -be may be placed
within the required yard setbacks as ground, wall, or roof signs. The total area
of such signs shall not exceed fifty (50) square feet.
7. Subdivision Signs - On -site subdivision signs advertising the sale of lots or
buildings within new subdivisions are permitted provided:
a. They are nonilluminated or indirectly illuminated;
b. They do not exceed twenty (20) square feet;
C. Not more than one such sign may. be erected at each major entrance
to the subdivision;
d. They meet all requirements applicable to principal structures with
respect to yard, setback, and height requirements;
e. Display of such signs shall be limited to a period of two (2) years,
unless the signs are permanent with advertising restricted to the name
of the subdivision only, and are dedicated to and accepted by the
county, a municipal government, or a lawfully established homeowners'
or community association responsible for the maintenance of common-
ly -owned properties of the development.
C. Principal Use Signs -
1. Principal use signs may be indirectly illuminated only.
2. If suspended from a canopy, the principal use sign must be at least eight (8)
feet above the sidewalk level.
3. Principal use signs shall have a maximum surface area of one (1) square foot
for each one (1) linear foot of street frontage, but in no case exceeding a total
of two hundred (200) square feet in sign area per lot.
4. Free-standing signs shall be limited to two (2) per lot, neither of which shall be
located in any yard or within ten (10) feet of a side property line.
5. Free-standing signs shall not exceed thirty (30) feet in height and shall not have a
horizontal length of more than twenty (20) feet.
SECTION 6.03. Temporary Uses.
The Board of Adjustment may approve as conditional uses under the application provisions of
Article VIII, the following temporary uses, notwithstanding other restrictions of this ordinance but
including such additional conditions and safeguards as may be required by the Board as a provision of
such approval.

ARTICLE VI.
General Provisions
page 21
1. Temporary real estate sales offices may be permitted in the Residential or Residential -
Agricultural District for on -site sales of land or residences located only within the
subdivisions within which such office is located. Any such temporary use must be
terminated no more than thirty (30) days from the date that eighty (80) percent of the
lots or residences within that subdivision are sold.
2. Temporary construction offices may be permitted in any district to provide on -site
quarters for the management and security of construction projects consisting of 20,000
square feet or more within the project. Any such temporary use must be terminated no
more than thirty (30) days from the date that construction is completed.
SECTION 6.04. Parking Requirements.
A. Purpose.
1. In order to assure a proper and uniform development of public parking and
loading areas in the Town of Belhaven and its extraterritorial area, to relieve
traffic congestion in the streets, and to minimize any detrimental effects of off-
street parking on adjacent properties, the procedures and standards set forth in
this Article shall apply.
2. The requirements contained in this Article shall be considered as minimum
standards. The applicant for a permit shall evaluate his own needs to
determine if they are greater than the minimum herein specified.
B. Definitions.
Unless otherwise specifically provided or unless clearly required by the context, the
words and phrases defined below shall have the meaning indicated when used in this section.
1. Circulation Area. That portion of the vehicle accommodation area used for
access to parking or loading areas or other facilities on the lot. Essentially,
driveways and other, maneuvering areas (other than parking aisles) comprise
the circulation area.
2. Driveway. That portion of the vehicle accommodation area that consists of a
travel lane bounded on either side by an area that is not part of the vehicle
accommodation area.
3. Gross Floor Area. The total area of a building measured by taking the outside
dimensions of the building at each floor level intended for occupancy or
storage.
4. Loading and Unloading area. That portion of the vehicle accommodation area
used to satisfy the requirements of Section 6.04C(10).

ARTICLE VI.
General Provisions
page 22
5. Vehicle Accommodation Area. That portion of a lot that is used by vehicles for
access, circulation, parking, and loading and unloading. It comprises the total
of circulation areas, loading and unloading areas, and parking areas (spaces
and aisles).
6. Parking Area Aisles. That portion of the vehicle accommodation area consisting
of lanes providing access to parking spaces.
7. Parking Space. A portion of the vehicle accommodation area set for the
parking of one (1) vehicle.
C. Design Requirements.
1. General Requirements.
a. Unless no other practicable alternative is available, vehicle accommodation
areas shall be designed so that, without resorting to extraordinary movements,
vehicles may exit such areas without backing onto a public street. This
requirement does not apply to parking areas consisting of driveways that serve .
one or two dwelling units.
b. Vehicle accommodation areas of all developments shall be designed so that
sanitation,' emergency, and other public service vehicles can serve such
developments without the necessity of backing unreasonable distances or
making other dangerous or hazardous turning movements.
C. Every vehicle accommodation area shall be designed so that vehicles cannot
extend beyond the perimeter of such area onto adjacent properties or public
rights -of -way. Such areas shall also be designed so that vehicles r±o not
extend over sidewalks or tend to bump against or damage any wall, vegetation,
or other obstruction.
d. Circulation areas shall be designed so that vehicles can proceed safely without
posing a danger to pedestrians or other vehicles and without interfering with
parking areas. `
2. Parking Space Dimensions.
a. Subject to Subsections b and c each parking space shall contain a rectangular
area at least nineteen (19) feet long and ten (10) feet wide.
Lines demarcating parking spaces may be drawn at various angles in relation
to curbs or aisles, so long as the parking spaces so created contain within
them the rectangular area required by this section.
b. In paved parking areas containing ten (10) or more spaces up to 20 percent of
the parking spaces need contain a rectangular area of only sixteen (16) feet in
length and eight (8) feet in width. If such spaces are provided, they shall be
conspicuously. designated as reserved for compact cars only.
C. Wherever parking areas consist of spaces set aside for parallel parking the
dimensions of such parking spaces shall not be less than twenty (20) feet by
eight (8) feet.

r
ARTICLE VI.
3.
4.
General Provisions
page 23
Widths of Aisles and Driveways.
a. Parking area aisle widths shall conform to the following table, which varies the
width requirement according to the angle of parking.
PARKING ANGLE
AISLE WIDTH
(IN FEET) 0° 30° 45° 60° 90°
One -Way Traffic 13 11 13 18 24
Two -Way Traffic 19 20 21 23 24
Surfaces.
a. Vehicle accommodation areas that (a) include lanes for drive-in windows or (b)
contain parking areas that are required to have more than ten (10) parking
spaces and that are used regularly at least five (5) days per week shall be
graded and surfaced with asphalt, concrete or other_ material that will provide
equivalent protection against potholes, erosion, and dust. Specifications for
surfaces meeting the standard set forth in this subsection are contained in
Appendix A.
b. Vehicle accommodation areas that are not provided with the type of surface
specified in Subsection (4a) shall be graded and surfaced with crushed stone,
gravel, or other suitable material (as provided in the specifications set forth in
Appendix A) to provide a surface that is stable and will help to reduce dust
and erosion. The perimeter of such parking areas shall be defined by bricks,
stones, railroad ties, or other similar devices. In addition, whenever such a
vehicle accommodation areas abuts a paved street, the driveway leading from
such street to such area
(or, if there is no driveway, the portion of the vehicle accommodation area that
opens onto such streets), shall be paved as provided in Subsection (4a) for a
distance of fifteen (15) feet back from
the edge of the paved street. This subsection shall not apply to single-family
or two-family residences or other uses that are required to have only one or
two parking spaces.
C. Parking spaces in areas surfaced in accordance with Subsection (4 s) shall be
appropriately demarcated with painted lines or other markings. Parking spaces
in areas surfaced in accordance with Subsection (4b) shall be demarcated
whenever practicable.

ARTICLE VI. General Provisions
page 24
d. Vehicle accommodation areas.shall be properly maintained in all respects. In
particular, and without limiting the foregoing, vehicle accommodation area
surfaces shall be kept in good condition (free from potholes, etc.) and parking
space lines or markings shall be kept clearly visible and distinct.
5. Plot Plan Requiredf
a. Where five (5) spaces or more are required, a plot plan showing the required
space for a vehicle accommodation area shall be submitted to the Building
Inspector prior to the issuance of any. building permit or occupancy permit.
The plot plan shall contain sufficient detail to enable the Building Inspector to
determine its compliance with this Article.
b. Details on the plot plan shall include:
(1) A north arrow,
(2) Scale,
(3) Angle of packing,
(4) Space width and length,
(5) Aisle width,
(6) Surface material,
(7) For satellite parking, the distance of the fartherest parking space to the
principal use shall be shown,
(8) Name of subdivision or tax map and lot number,.
(9) Adjoining property owner's name,
(10) Additional information required by Belhaven Building Inspector.
6. Joint Use of Spaces.
a. The required parking space for any number of separate uses may be combined
in one lot but the required space assigned to one use may not be assigned at
another use, except that one-half of the parking space required for churches,
theaters, or assembly halls whose peak attendance will be at. night or on
Sundays may be assigned to a use which will be closed at night and on
Sundays.
7. Satellite Parking.
a. If the number of off-street parking spaces required by this Article cannot
reasonable be provided on the same lot where the principal use associated
with these parking spaces is located, then spaces may be provided on
adjacent or nearby lots in accordance with the provisions of this section.
These off -site spaces are referred to in this section as satellite parking spaces.
b. All such satellite parking spaces (except spaces intended for employee use)
must be located within four hundred (400) feet of a public entrance of a
principal building housing the use associated with such parking, or. within four
hundred (400) feet of the lot on which the use associated with such parking is
located if the use is not housed within any principal building. Satellite parking
spaces intended for employee use may be located within any reasonable
distance. ,

ARTICLE VI. General Provisions
page 25
c. The developer wishing to take advantage of the provisions of this section must
present srtisfactory written evidence that he has the permission of the owner or
other person in charge of the satellite parking spaces to use such spaces.
The developer must also sign an
acknowledgement that the continuing validity of his permit depends upon his
continuing ability to provide the requisite number of parking spaces:
d. Persons who obtain satellite parking spaces in accordance with this section
shall not be held accountable for ensuring that the satellite parking areas from
which they obtain their spaces satisfy the -design requirements of this Article.
8. Required Number of Parking Spaces.
a. Off-street parking spaces shall be provided for all land uses in the following
proportions:

ARTICLE VI. General Provisions
page 26
REQUIRED NUMBER OF PARKING SPACES
REQUIRED SPACES
USE
• RESIDENTIAL AND RELATED USES
Bed & Breakfast Inn
1 space per room for rent in addition
to residential requirements.
Church or similar place of worship
1 space per 5 seats in the main
congregation area.
Clubhouse or recreation buildings and the
1 space per 500 square feet of building
like, in conjunction with residential areas
area and swimming pool area when
applicable.
Dwelling, single-family
2 spaces per unit.
Dwelling, two-family (duplex)
2 spaces per unit (4 total).
Dwelling, multi -family
1.5 spaces per one (1) bedroom unit;
2 spaces per two (2) bedroom unit.
Dwelling, mobile home
2 spaces per mobile -home.
Family care home
1 space for every 3 resident -clients,
plus 1 space per resident attendant.
Home occupation
1 space in addition to the residential
residential requirement, except for
barber, beauty, and hair styling shops.
(See Commercial and Office .Uses.)
continued

ARTICLE VI.
REQUIRED NUMBER OF PARKING SPACES
General Provisions
page 27
USE REQUIRED SPACES
Housing designed for and used Three -fourths space for each dwelling
by the elderly unit.
Room renting 1 space per person in addition to the
residential requirement.
Rooming house, boarding house 1 space per person.
PUBLIC. SEMI-PUBLIC, AND RELATED USES
Golf course
Hospital
Care home, nursing home, convalescent
home, rest home
IGndergarten, nursery, child day care
Post Office
Public and utility building
Public or private club, lodge, civic
or fraternal organization
3 spaces per hole, plus requirements
for any use associated with it.
1 space for each bed, plus 1 for each 2
employees, plus 1 space for each staff
or visiting doctor.
1 space for each 3 beds plus 1 space
for each 2 employees on the shift of
greatest employment.
1 space per employee, plus 1 _ space per
500 square feet of building, plus 4
parking spaces for loading and
unloading children.
1 space per 400 square feet of gross
floor area, plus 1 space per 2 employees,
plus 1 space for each mail route vehicle.
1 space per employee.
1 space per 100 square feet of gross
floor area used for assembly or dancing.
continued

ARTICLE VI.
REQUIRED NUMBER OF PARKING SPACES
General Provisions
page 28
USE REQUIRED SPACES
School: elementary or junior high 1 space per 2 teachers, employees and
administrative personnel, plus safe and
convenient off-street loading and unloading
facilities for students.
School:, senior high 5 spaces for administrative offices, plus 1
space for each 2 employees, plus 5 spaces
per classroom, plus 1 space per 10 seats in
the largest assembly area or gymnasium.
COMMERCIAL AND OFFICE USES
Auto repair
Auto wash
Automobile sales
Automobile service station
Banks, savings and loans, and
similar lending institutions
Barber or beauty shop
Commercial athletic, sports, recreation,
or similar health club
Commercial recreation -indoor, as
skating rinks, pool halls, etc.
1 space per 2 employees, plus 3 storage
spaces for each repair stall. .
1 space per employee, plus 1 space for
each wash bay.
1 space per 400 square feet of area
devoted to sales.
5 spaces for each service or wash bay and
1 space per 2 employees, but no fewer than
10 spaces. These spaces required are
exclusive of vehicle service or
storage areas.
1 space per 20 feet of gross floor area,
plus 1 space for each 2 employees.
2 spaces per operator.
1 space per 300 square feet of non -storage
area, plus 1 space per employee, plus
required spaces for associated uses such
as lounges, restaurants, etc.
1 space per 200 feet of non -storage area.
continued

ARTICLE VI.
REQUIRED NUMBER OF PARKING SPACES
USE REQUIRED SPACES
General Provisions
page 29
Commercial recreation and amusements 1 space per 3 persons at maximum allowable
outdoor (driving range, miniature capacity, plus 10 spaces for waiting, plus
golf, etc.) 1 space per 2 employees.
Dry cleaning or laundry establishment 1 space per 300 square feet of gross floor
area and storage space for 3 vehicles at
each drive-in window.
COMMERCIAL AND OFFICE USES
Dry cleaning or laundry establishment -
Flea market or farmer's market
Funeral home/mortuary
Furniture and appliance store
Medical and dental office or clinic
Motel/hotel
Mobile home sales
Nightclub, beer hall, coffeehouse
cocktail lounge, and similar uses
1 space per 2 pieces of central equipment.
1 space per employee, plus 1 space per
100 square feet of sales area. -
1 space for each 4 seats in every assembly.
room or chapel, plus a minimum of 5 for
funeral vehicles, plus 1 space per
2 employees.
1 space per 400 square feet of floor area.
5 spaces per practicing physician or
dentist and 1 space per other employee.
1 space per unit, plus 1 space per 2
employees, plus- requirements for any other
use associated with the facility
(restaurant, lounge, etc.)
5 spaces, plus 1 space per 10,000 square v
feet of gross floor -area.
1 space for every 50 square feet of
activity area, plus 1 space per 2
employees.
Office building 1 space per 300 square feet of rentable
floor area.
continued

ARTICLE VI.
REQUIRED NUMBER OF PARKING SPACES
USE REQUIRED SPACES
General Provisions
. page 30
Restaurant or establishment dispersing 1 space per 3 seats, plus 1 space per
food, drink, and refreshments 2 employees.
Restaurant with drive-in service A space per 3 seats, plus 1 space per 2
employees, plus a minimum of 15 spaces or
equivalent vehicle storage space for
drive-in service.
COMMERCIAL AND OFFICE USES
Retail and commercial or personal
services uses not otherwise listed
Shopping centers
Theaters
1 space per 200 square feet of non -storage.
floor area
1 space per 200 square feet of retail
floor area.
1 space per 4 seats in the viewing area.
INDUSTRIAL WAREHOUSING WHOLESALE USES
Industrial or manufacturing use 1.5 spaces per 2 employees, plus 1 space of
warehouse per managerial personnel, plus 1 visitor
parking space per 10 managerial personnel,
plus 1 space per vehicle used in the
conduct of business.
Public utility, including telephone 1.5 spaces per 2 employees, plus 1 space
company and related plants per company vehicle, plus adequate
visitor parking.
concluded

ARTICLE VI. General Provisions
page 31
b. The Building Inspector shall make a determination of the minimum required off-
street parking spaces in the event of any use not specifically listed above. In
reaching this determination, the Inspector shall be guided by the requirements
for similar uses, the number and kind of vehicles likely to be attracted to the
proposed use and studies of the parking requirements of such uses in other
jurisdictions.
9. Flexibility in Administration.
a. Notwithstanding any other provisions of the Article, whenever; () there exists a
lot with one or more structures on it constructed before the effective date of
this Article, and (i) a change in use that does not involve any enlargement of a
structure is proposed for such lot, and (ii) the parking requirements of Section
6.04C(8) that would be applicable as a result of the proposed change cannot
be satisfied on such lot because there is not sufficient area available on the lot
that can practicably be used for parking, then the developer need only comply
with the requirements of Section 6.04C(8) to the extent that () parking space is
practicably available on the lot where the development is located, and (i)
satellite parking space is reasonably available as provided in Section 6.04C(7).
However, if satellite parking subsequently becomes reasonably available, then it
shall be a continuing condition of the permit authorizing development on such
lot that the developer obtain satellite parking when it does become available.
10. Loading Areas.
a. Subject to Subsection 6.04C(10e), whenever the normal operation of any
development requires that goods, merchandise, or equipment be routinely
delivered to or shipped from that development, a sufficient off-street loading
and unloading area must be provided in accordance with this section to
accommodate the delivery or shipment operations in a safe an convenient
manner.
b. The loading and unloading area must be of sufficient size to accommodate the
numbers and types bf vehicles that are likely to use this area, given the nature
of the development in question. The following table indicates the number and
size of spaces that, presumptively, satisfy the standard set forth in this
subsection. However, the permit -issuing authority may require more or less
loading and unloading area if reasonably necessary to satisfy the foregoing
standard.

ARTICLE VI.
General Provisions
page 32
GROSS LEASABLE NUMBER
AREA OF BUILDING OF SPACES*
(SQUARE FEET)
1,000 - 19,999 1
20,000 - 79,999 2
80,000 - 127,999 3
128,000 - 191,000 4
192,000 - 255,999 5
256,000 - 319,999 6
320,000 - 391,999 7
Plus one (1) space for each additional
72,000 square feet or fraction thereof.
*Minimum dimensions of 12 feet x 55 feet and
overhead clearance of 14 feet from street
grade 'required.
C. Loading and unloading areas shall be so located and designed that the
vehicles intended to use them can (i) maneuver safely and conveniently to and
from a public right-of-way, and (ii) complete the loading and unloading
operations without obstruction or interference with any public right-of-way or
any parking space or parking lot aisle.
d. No area allocated to loading and unloading facilities may be used to. satisfy the
area requirements for off-street parking, nor shall any portion of any off-street
parking area be used to satisfy the area requirements for loading and
unloading facilities.
e. Whenever (i) there exists a lot with one or more structures on it constructed
before the effective date of this Article, and (ii) a change in use that does not
involve any enlargement of a structure is proposed for such lot, and (iii) the
loading area requirements of this section cannot be satisfied because there is
not sufficient area available on the lot that can practicably be used,for loading
and unloading, then the developer need only comply with this section to the
extent reasonably possible. .

ARTICLE VI.
General Provisions
page 33
SECTION 6.05. Buffers.
A. Definitions.
Buffers are considered to be solid, decorative, visual obstructions used to Shield
objectionable uses or use accessories from public view.
Buffers shall consist of:
1. Brick walls,
2. Wood fences,
3. Berms (earthen barriers),
4. Light evergreen hedges,
5. Any combination of the above.
B. Requirements.
1. Minimum height requirements for buffers shall be six (6) feet, except that on
corner lots or near rights -of -way, nothing shall be placed, planted, or erected to
exceed a height of two and one-half (21/2) feet nor protrude lower than ten (10)
feet, nor otherwise inhibit motor vehicle visibility in streets or at railroad
crossings. (See §3.08 and 3.09.)
2. Evergreen hedges should be a type which reaches the minimum height within
two (2) years.
3. Wooden fences must create a solid visual barrier.
C. Uses To Be Buffered.
The following uses shall require buffers in all districts where they are legal:
1. All dumpsters §hail be buffered. No dumpster may continue in a nonconform-
ing state for more than one (1) year after the effective date of this ordinance.
2. Veterinary hospitals, clinics, boarding facilities or kennels, where allowed. (See
§8.04.)
3. Junkyards/salvage yards as specified in Section 8.04.
4. Development as specified in section 3.14 of this Ordinance.
5. Other Conditional Uses, as the Board of Adjustment deems appropriate.

ARTICLE VII.
Schedule of District Regulations
Regulations limiting the use of buildings and land and the bulk and arrangement of buildings
within the various districts established by this ordinance are hereby adopted for the Town of Belhaven,
North Carolina. These district regulations may be amended as provided in Article XII of this ordinance.
In order to achieve the purposes of this ordinance as set forth in Section 1.04, the Town of
Belhaven and its extraterritorial area are hereby divided into districts of which there shall be seven (7)
with designations as listed below:
1. Residential 5. Highway Business
2. Residential -Mobile Home 6. Industrial
3. Marine Business 7. Residential-Agricuftural-Developmental
4. General Business
These districts shall be designated on the official zoning map by the following abbreviations:
1. Residential - R-5 5. Highway Business - HB
2. Residential -Mobile Home - R-5M 6. Industrial - I
3. Marine Business - MB 7. Residential-Agricuftural-Developmental - RAD
4. General Business - GB
SECTION 7.01.
A. Intent.
(R-5) Residential District.
The (R-5) Single -Family Residential District is established as a district in which the
principal use of land is for single-family residence. The regulations of this district are intended to
discourage any use which because of its character,would interfere with the development of single-family
residency in the district and which would be detrimental to quiet residential nature of the areas
included within this district.
B. Permitted Uses.
1. Single-family residences, excluding mobile homes, on individual lots;
2. Accessory buildings to residential uses, provided that no accessorybuilding
shall be rented or occupied for gain;
3. Home occupations provided they meet requirements as stated in Section 8.04.
34

ARTICLE VII. Schedule of District Regulations
page 35
C. Conditional Uses Permitted.
1. Public parks and picnic areas;
2. Churches and similar places of worship;
3. Home occupations not meeting stated requirements in Section 8.04;
4. Modular home, provided it has a shingle roof, permanent foundation with vents,
and architectural compatibility;
5. Two-family homes - minimum lot size: 10,000 sq.ft.;
6. Private residential swimming pool calculated in lot coverage;
7. Tourist home.
8. Bed and Breakfast Inn.
D. Dimensional Requirements.
1. Minimum lot size: 5,000 sq.ft.;
2. Minimum lot width: 50 feet (measured at building setback line)'
3. Minimum front yard: 25 feet or as specified in Section 3.12;
4. Minimum rear yard: 20 feet;
5. Minimum side yard: 8 feet; except that a side yard adjacent to a street or
corner lot must be at least ten (10) feet;
6. Maximum allowable lot coverage by principal use and all accessory -structures:
50 percent;
7. Maximum height: 36 feet.
SECTION 7.02. R-5M Residential -Mobile Home District.
A. Intent.
The purposes of the R-5M Residential -Mobile Home District shall be to allow single-
family dwellings, including individual mobile homes, two-family and multi -family dwellings, and
such other uses that will not interfere with the development of residences in the district and
which would not be detrimental to the quiet, residential nature of the areas included within -the
district and to prevent the development of blight and slum conditions.

ARTICLE VII.
Schedule of District Regulations
page 36
B. Permitted Uses.
1.
Single -Family dwellings including Class A mobile homes;
2.
Modular Homes;
3.
Two -Family dwellings;
4.
Mufti -Family dwellings;
5.
Accessory buildings to residential uses, provided that no accessory buildings
shall be rented or occupied for gain.
6.
Home occupations, provided they meet the requirements.
C. Conditional Uses.
The following uses are permitted subject to the requirements of this district and
additional regulations and requirements imposed by the Board of Adjustment as provided in Article VIII:
1.
Churches;
2.
Cemeteries;
3.
Public or private schools having curricula approximately the same as ordinarily
given in public schools, including gymnasiums and assembly halls in conjunc-
tion therewith;
4.
Mobile home parks containing Class B and C mobile homes, provided that the
parks are in compliance with Article IX of this ordinance;
5.
Kindergartens or nurseries;
6.
Private swimming pools;
7.
Funeral homes;
8.
Tourist homes;
9.
Rooming houses or boarding houses;
10.
Nursing homes - lot size requirements;
11.
Public parks and outdoor recreational facilities;
12.
Home occupations not meeting stated requirements in Section 8.04;

ARTICLE VII.
Schedule of District Regulations
page 37
D. Dimensional Requirements.
1. Minimum lot size: 5,000 sq.ft.;
2. Minimum lot width: 50 feet (measured at building setback line);
3. Minimum front yard: 25 feet or as specified in Section 3.12;
4. Minimum rear yard: 20 feet;
5. Minimum side yard: 8 feet; except that a side yard adjacent to a street or
corner lot must be at least ten (10) feet;
6. Maximum allowable lot coverage by principal use and all accessory structures:
50 percent.
SECTION 7.03. Marine Business District (MB).
A. Intent.
The Marine Business (MB) District is established to provide for the orderly development
of those uses which require a waterfront location, or are related to, or serve, marine interests.
B. Permitted Uses.
In this district, buildings. or land may be used only for the following purposes:
1. Marinas;
2. Marine supplies;
3. Restaurants;
4. Tourist homes,
5. Hotels;
6. Wharves, docks, and piers;
7. City -owned and leased facilities;
8. Recreational facilities.
C. Conditional Uses.
The following uses shall be permitted subject to the requirement of this district and
additional requirements imposed by the Board of Adjustment as provided in Article Vill.
1. Public utility lines;
2. Fuel storage and sales;

ARTICLE VII. Schedule of District Regulations
Page 38
3. Boatyards including boat building and repair;
4. Boat and motor display sales;
5. Food stores;
6. Seafood processing for human consumption only;
7. Seafood sales, wholesale and retail;
8. Site -built dwellings;
9. Bed and Breakfast Inn.
D. Dimensional Requirements.
1. Minimum lot size: business lots shall be of sufficient size to meet the
requirements of the Beaufort County Health Department and to provide for
adequate siting of structures.
2. Minimum front yard: 15 feet;
3. Minimum side yard: 5 feet. No side yard is required if a commercial building
is constructed with a common wall. An additional 5 foot yard adjacent to the
street is required for a corner lot;
4. Minimum rear yard: none is required if adjacent to water or if bulkheaded.
E. Site Plan Requirements. '
Prior to the use of any lot within the MB zone, a site plan shall be reviewed by the
Planning Board.. This review will allow the Planning Board to determine that adequate space is
available for the intended use and to ensure that the water quality will not be deteriorated.. Recom
mendations of the Planning Board shall be forwarded to the Town Council for final action. The site
plan must include:
1. Use of building or lot;
2. Location arrangement, and dimensions and number of truck loading and
unloading spaces and docks, including refuse collection container space(s) if
required;
3. Location, and dimensions of vehicular entrances, exits, and drives;
4. Location, dimensions, and materials of walls and fences;
5. Location, arrangement, and dimensions of automobile parking spaces, width of
isles, width of bays, angle of parking, and number of spaces;
6. Location of buildings, and their general exterior dimensions and elevations;
7. Adjoining properties and buildings;
8. Drainage plan.

ARTICLE VII.
F.
Site Plan Review
The procedure for review shall be as follows:
1.
2.
3.
4.
5.
SECTION 7.04.
A. Intent.
Schedule of District Regulations
page 39
The site plan, as specified above, shall be filed with the Zoning Administrator
who shall immediately forward a request for site plan review to the Belhaven
Planning Board.
The Board shall review the site plan and make its recommendation to the Town
Council within thirty (30) days of the request for review. Failure to recommend
within thirty days shall constitute a favorable recommendation.
The Town Council shall consider the recommendations of the Planning Board
and approve or reject the site plan.
Approved Site Plans shall automatically qualify for zoning permits specified in
Section 10.02 of this ordinance.
Major alterations in an approved site plan shall require a new review and
approval process. Major alterations shall be changes in items 1-8 of the site
plan requirements.
General Business District (GB).
The General Business District (GB) is established at various trade, commercial, service, -
office, institutional, and business centers in order to permit the development of existing uses while
maintaining a satisfactory relationship between the intensity of land use and the capacity of streets and
utilities.
B. " Permitted Uses.
In this district, buildings or land may be used only for the following purposes:
1. Bakery shop
2. Billiard parlor
3. Bank, finance and loan company
4. Bus station
5. Dry cleaning and laundry pickup station
6. Eating and Drinking establishment
7. Drug Store
8. Food store
9. Manufacturing of articles to be sold exclusively on the premises, provided that
such manufacturing is incidental to the retail business and employs
not more than five (5) operators engaged in the production of such items.
10. Office for professional and business activities
11. Personal service establishment such as barber and beauty shop
12. Public building and uses
13. Taxi stand limited to five (5) taxis
14. Post Office

ARTICLE VII.
Schedule of District Regulations
. page 40
15. Theater when housed in a permanent structure
16. Furniture and appliance sales
17. Antique store
18. Department store
19. Gift shop
20. Dry good store
21. Hobby shop
22. Jewelry store
23. Hardware store
24. Wholesale business
25. Book store
26. Camera shop
27. Candy store
28. Sporting goods store
29. Appliance sales
30. Parking lot
31. Apartment unit, ' only on the second floor of principal buildings containing a
permitted or conditional use
32. Establishment for the installation and servicing of the following: air condition-
ing, electrical service, flooring, heating, interior decorating,
painting, plumbing, roofing, tiling, and ventilating, with all materials stored
entirely in buildings enclosed on all sides, or within such walls or fences,
supplemented by planting.
33. Alcoholic Beverage Control store
34. Flower shop
35. Principal use sign, if meeting the requirements of Section 6.03 of this
ordinance.
36. Fire Station
37. Convenience stores.
C. Conditional Uses.
The following uses shall be permitted subject to the requirements of this district and
additional regulations and requirements imposed by the Board of Adjustment as provided in Article Vill.
1. Automobile service station, provided that no principal or accessory building
shall be located within fifty (50) feet of a residential use or district and that
there shall be no storage of abandoned cars, and that no portion of a service
station building, equipment, or gas pumps shall be nearer than twenty-five (25)
feet to any right-of-way.
2. Church

ARTICLE VIL Schedule of District Regulations
page 41
3. Public utility facility
4. Seafood market
5. Hospital, clinic, health center
6. Auto and truck sales and repair
7. Light manufacturing businesses (See Section 8.04)
D. Dimensional Requirements.
1. Minimum lot size: Business lots created after the date of passage of this
ordinance shall be of sufficient size to provide adequate siting for structures
and to provide off-street loading and maneuvering space for vehicles. Where a
business lot abuts a residential district or residential use, the buffer: require-
ments contained in Section 3.14 shall apply.
2. Minimum front yard: 10 feet; except that if a sidewalk is provided, none is
required.
3. Minimum side yard: 8 feet; except that if the commercial building.is con-
structed with a common wall, no side yard is required.
SECTION 7.05. Highway Business District (HB).
A. Intent.
The Highway Business District (HB) Is established .in order to provide for and
encourage the proper grouping and development of roadside uses which will best accommodate the
needs of the motoring public, reduce highway congestion and hazard, and minimize blight.
B. Permitted Uses.
In this district, buildings or land may be used only for the following purposes:
1. Hotel and motel
2. Ambulance service
3. Automobile laundry
4. Automobile and truck sales
5. Cabinet making shop
6. Frozen food locker and grocery store
7. Gasoline station and repair garage, provided that the gasoline service station's
pump islands are at least twenty-five (25) feet from the right-of-way line of
abutting streets; and that the service station building is set back a distance of
at least thirty-five (35) feet from the right-of-way line of the abutting street.
8. Grain and feed supply establishment
9. Ice storage
10. Laundry, dyeing, and cleaning establishment
11. Monument works
12. Printing establishment

ARTICLE VII.
Schedule of District Regulations
page 42
13.
Upholstering establishment
14.
Farm equipment and machinery
15.
Retail sale of garden materials and supplies, hardware and building materials
and supplies. Areas devoted to display, sales, or storage of these materials
and supplies shall be entirely within a screened enclosure.
16.
Parking lot
17.
Indoor recreation areas
18.
Principal Use Signs, if meeting the requirements of Section 6.02 of this
ordinance.
19.
Trailer and mobile home sales
20.
Motor parts and equipment sales
21.
Boat works
22.
Mini -storage facilities
23.
Restaurants
24.
Food and grocery stores
25.
Professional offices
26
Convenience stores.
C. Conditional Uses.
The following uses shall be permitted, subject to the requirements of this district and
additional regulations and requirements imposed by the Board of Adjustment as provided in Article VIII.
1.
Church
2.
Hospital, clinic, health center, nursing and rest home
3.
School
4.
Private club or lodge
5.
Wholesale storage of gas and oil products
6.
Animal hospital, provided that the hospital shall have a minimum area of 15,000
square feet (see §8.04). No animal storage shall be permitted within one
hundred (100) feet of any preexisting residential use as measured from any
point on any property line.
7.
Malls and shopping centers
8.
Light industrial uses (See Section 8.04)
D. Dimensional Requirements. '
1.
Minimum lot size: Business lots created after the date of the passage of this
ordinance shall be of sufficient size to allow for adequate siting of structures
and to provide off-street parking, loading, and maneuvering space for vehicles.
Where a business lot abuts a residential district or residential use, the buffer
requirements contained in Section 3.14 shall apply.

.1
ARTICLE VII.
SECTION 7.06.
A. Intent.
Industrial District (1).
Schedule of District Regulations
page 43
The Industrial District is established as a district in which the principal use of land is for
warehousing, mixed industrial, industrial/heavy commercial, and outlying industrial establishment type
uses. The specific intent of this district is to encourage the construction and continued use of land for
industrial purposes.
B. Permitted Uses.
In this district, building or land may be used only for the following purposes:
1 Coal yard
2. Fertilizer sales, bag only
3. Foundry producing iron and steel products
4. Industrial equipment machinery repair and servicing
5. Machine tool manufacture
6. Meat packing plant and the processing of seafood, poultry, vinegar, and yeast
7. Metal fabrication plant using plate and structural shapes and including boiler or
tank works
8. Railroad car repair and manufacture
9. Railroad freight yard, terminal, or classification yard
10. Textile. manufacture
11. Airport
12. Assembly of farm products such as granaries and storage bins
13. Automobile sales and service
14. Bag manufacture
15. Bakery plant
16. Boat manufacture and sales
17. Bottling works
18. Building materials storage and sales, including ready -mix concrete
19. Bus garage
20. Cabinet making
21. Carpenter's shop
22. Cold storage plant
23. Commercial recreation building and facility
24. Contractor's plant or storage yard
25. Dairy products processing and egg sales
26. Dry cleaning and laundry plant
27. Electrical and industrial equipment repair and servicing
28. Farm machinery assembly, repair, and sales
29. Greenhouse and nursery
30. Grounds and facilities for open-air games and sports
31. Ice plant

ARTICLE VII. Schedule of District Regulations
page 44
32. Industrial research and educational facilities
33. Laboratory for research and testing
34. Leather goods manufacture
35. Lumber goods
36. Machine shop
37. Off-street parking facilities
38. Optical and scientific instruments, jewelry and clocks, musical instrument
manufacture
39. Marina
40. Pharmaceutical products manufacture
41. Printing, publishing, and reproduction establishment
42. Public utilities
43. Repair and servicing of office and household equipment
44. Service station
45. Sheet metal shop
46. Garment manufacture
47. Sign manufacture, painting, and maintenance
48. Storage warehouse and yard
49. Venetian blind manufacture
50. Wholesale and jobbing establishment including incidental retail outlets for only
such merchandise as is handled at wholesale.
51. Woodworking shop, millwork
52. Principal use signs, if meeting the requirements of Section 6.02 of this
ordinance
C. Conditional Uses.
1. Junk and salvage yard
2. Cemetery
3. Fertilizer mixing and sales
4. Drive-in theater and concession stand, subject to buffer requirements
5. Grain elevator
6. Stone cutting, monument manufacture and sales
7. Tinsmith shop
8. Tire recapping and retreading
9. Welding shop.
10. Wholesale storage of gas and oil products.
SECTION 7.07. Residential -Agricultural -Developmental (RAD).
A. Intent.
The Residential -Agricultural -Developmental District (RAD) is established as n district in
which residential, agricultural, future industrial and business uses can be mixed and where public water
and sewer service is not available.

ARTICLE VII. Schedule of District Regulations
page 45
B. Permitted Uses.
In this district, building or land may be used only for the following purposes:
1. Single-family and multifamily dwellings, including mobile homes, having a
minimum lot size of 5,000 square feet of usable land. If subsoil conditions
dictate, larger lots may be required by the Beaufort County Health Department.
2. Aocessory building
3. Public utility distribution lines and poles
4. Real estate signs, subject to the requirements of Section 6.02 of this, ordinance
5. Private clubs or lodges
6. Agricultural uses
7. Forestry
8. Golf courses
9. Parks
10. Parking lots
11. Open spaces
12. Tree farms
13. Ball fields
14. Pastures
15. Water tanks and towers
16. Home occupations meeting requirements as stated in Section 8.04
17. Circus, carnivals, and fairs
18. Bulk storage and sales of LP gas
C. Conditional Uses.
1. Cemeteries
2. Churches
3. Public safety and utility facilities
4. Veterinary hospital/Animal clinic/Animal Boarding
5. Mobile home parks, provided that the parks are in compliance with Article IX of
this ordinance
6. Hog raising limited to twenty (20) head or less
7. Home occupations not meeting requirements of Section 8.04.
D. Dimensional Requirements.
1. Minimum lot size - as required by Beaufort County Health Department.
2. Minimum front yard - 30 feet.

ARTICLE Vill.
Conditional Uses
SECTION 8.01. General Restrictions.
Conditional uses add flexibility to the zoning ordinance by allowing uses which would otherwise
be undesirable to be established in designated districts under special conditions imposed by the Board
of Adjustment. Applications for conditional use permits shall be filed with the zoning administrator who
shall immediately transmit the application to the Planning Board and the Board of Adjustment. After the
Planning Board review and recommendations and after a public hearing by the Board of Adjustmer.+,
the Board of Adjustment may grant permission to establish conditional uses as permitted in the district
regulations N it makes a written finding that:
1. The proposed use does not adversely affect the general plans for the physical
development of the planning area as embodied in these regulations and in any plan or
portion thereof adopted by the Planning Board;
2. The proposed use will not be contrary to the purposes stated in these regulations;
3. The proposed use will not affect adversely the health and safety of residents and
workers in the zoned area;
4. The proposed use will not be detrimental to the use or development of adjacent
properties or other neighborhood uses;
5. The proposed use will be placed on a lot of sufficient size to satisfy the space
requirements of,said use;
6. The proposed use will not constitute a nuisance or hazard because of the number of
persons who will attend or use such a facility, vehicular movement, noise or fume
generation, or type of physical activity;
7. The standards set forth for each particular use for which a permit may be granted have
been, or will be met;
8. The proposed use shall be subject to the minimum area, setback, and other locational
requirements of the zoning district in which it will be located.
SECTION 8.02. Additional Requirements.
To encourage thorough disclosure and maximum opportunity for public input, the
applicant must provide statements to all contiguous property owners and occupants advising
them of the conditional use request and describing the nature of the proposed use, including
any known hazards of exposure and listing any hazardous wastes. The Board of Adjustments
hearing date, if known, should be included.
To protect the health, safety, and general welfare of residents and workers in zoned
areas, the applicant must certify that the proposed conditional use will not unduly burden public
46

ARTICLE Vill. Conditional Uses
page 47
services in the area nor expel into the air, water, or ground toxic or noxious substances beyond
Environmental Protection Agency (EPA) and/or State of North Carolina, and/or Town of Belhaven
standards.
To protect the aesthetic values of residents and workers in zoned areas, activities
inherently offensive with regard to visual enjoyment, noise, and odor shall be subject to buffer
and distance requirements from other uses.
With regard to all -conditional uses, no exceptions to dimensional requirements in a given
zone shall be permitted.
The Board of Adjustment may impose or require such additional restrictions and
conditions as may be necessary to protect the health and safety of workers and residents in the
community, and to protect the value and use of property in the general neighborhood.
SECTION 8.03. Failure to Comply with Conditions.
Wherever the Board of Adjustment shall find, in the case of any permit granted pursuant
to the provisions of these regulations, that any of the terms, conditions, or restrictions upon
which such permit was granted are not being complied with, said Board shall rescind and revoke
such permit after giving due notice to all parties concerned and granting full opportunity for a
public hearing.
SECTION 8.04. Requirements for Some Conditional Uses.
Bulk Fuel Storage Areas - Above -ground fuel tanks used for commercial wholesale .or
retail purposes shall be enclosed with a fence at least six (6) feet in height.
Elementary and Middle Schools/Hospitals/Emergency Service Ingress -Egress Areas - The
minimum distances between these uses and commercial or manufacturing uses which generate
heavy traffic flows or extensive congestion shall be three hundred (300) feet.
Home Occupation - A home occupation as defined in this ordinance and permitted in the
Residential and Residential- Agricultural District shall be governed by the following requirements:
(a) only one person other than those residing in the. home shall be engaged in the
occupation;
(b) the home shall continue to be used principally as a dwelling;
(c) home occupations shall be permitted only in sin le family dwellings;
(d) the occupation shall not be offensively visible from the street;
(e) the occupation shall not involve the retail sales of products, except that in a RA
District, farm products raised and prepared on the premises may be sold;

ARTICLE Vill.
Conditional Uses
page 48
(f) home occupation signs shall meet the requirements of Section 6.02;
(g) the occupation shall not'constitute any undue disturbance in the neighborhood;
(h) the dwelling shall provide one (1) parking space in addition to the residential
requirement, except for barber, beauty, and hair styling shops, according to
Article. VI., section 4 (Parking).
(i) home occupations shall consist of the services Including, but not limited to:
1)
accounting service
8)
dressmaking
14)
real estate agent
2)
addressing service
9)
insurance. agent
15)
secretarial service
3)
art teacher
10)
manufacturer's
16)
sewing service
4)
attorney
representative
17)
tax consultant
5)
baby sitting
11)
music teacher
18)
tutor
6)
beauty shop
12)
notary public
19)
typing service
7)
drafting service
13)
photographer
20)
professional office
Junk and Salvage Yards -
(a) The minimum front, side, and rear yards shall be fifty ,(50) feet;
(b) The storage area shall be screened by a continuous visual buffer at least eight (8) feet
in height;
(c) Salvage auto parts shall not be allowed to collect water, which provide breeding ground
for mosquitoes and other insects, or harbor breeding grounds for rats and other
rodents;
(d) State Highway Commission regulations shall apply along state-owned and maintained
roads.
Kindergartens or Nurseries - Kindergartens and nurseries may be permitted subject to the
requirements of the district provided that:
(a) at least one hundred (100) square feet of outdoor play area are supplied for each child
. accommodated; and
(b) the entire play area is enclosed by a fence having a minimum height of at least four (4)
feet, with child -proof gate latches, and constructed in such a manner that maximum
safety to the children is.ensured.
Light Manufacturing or Industrial Uses - In General Business or Highway Business these uses
are subject to the following conditions:

ARTICLE Vlll. Conditional Uses
page 49
(a) Noise, odor, smoke and vibration levels must be unobtrusive to permitted uses.
(b) The use must be generally compatible with existing permitted uses. If the stated intent
of the district is diminished, rezoning of the property should be pursued.
(c) Health and safety risks to surrounding uses must be low.
(d) Flow of traffic must not be unduly impeded.
(e) Manufacturing activities must be conducted entirely inside the building.
(f) Waste products or production by-products must be properly stored or removed from
.the area in a timely manner.
Multifamily Dwellings -
(a) A site plan of the proposed project shall be submitted to the Belhaven Planning Board
for review. The Planning Board will have thirty (30) days within which to make a
recommendation to the Board of Adjustment;
(b) Accessory buildings, garbage and trash facilities, and recreation facilities may be
located in the required rear yard, provided that such uses shall be at least fifteen (15)
feet from the principal building and fifteen (15) feet from any lot line;
(c) Garbage and trash facilities shall be subject to the approval of the Beaufort County
Health Department if not served by municipal garage collection. If serviced by
municipal garbage collection, the facilities shall be approved by the Town Manager;
(d) All parking shall be off-street.
Public Safety and Utility Facilities -
(a) All water treatment and sewage disposal facilities, sanitary landfills, and electric
substations shall be set back one hundred (100) feet from all exterior property lines.
This area shall be planted with evergreen shrubs as a buffer strip. The entire perimeter
inside the buffer shall be enclosed with a fence at least six (6) feet in height.
Separate Use Signs - Separate Use signs (billboard) will not! be allowed in any districts.
Swimming Pools - Shall be protected by a five (5) foot fence and latching gates to keep
children and animals from having unsupervised access.
Veterinary Hospital/Clinic/Animal Boarding - Subject to provision of section 7.05 B(17) and the
following conditions:

ARTICLE VIII. Conditional Uses
page 50
MINIMUM LOT SIZE MINIMUM LOT WIDTH MINIMUM FRONT SETBACK
(AREA) (LINEAR) (LINEAR)
15,000 sq.ft. 100 ft. 50 FT.
MAXIMUM HEIGHT MAXIMUM LOT
OF BUILDING COVERAGE
35 FT. 50%
(a) Where this use abuts another District, the Conditional Use must meet the side and rear
setback requirements of the abutting District.
(b) Visual buffers will be required for this Conditional Use when boarding space is provided
outside the principal use structure.
(c) This use may be allowed on a limited basis within mall or shopping center locations at
the discretion of the Board of Adjustment.

ARTICLE IX.
Mobile Home Park Regulations
SECTION 9.01 General Requirements.
Mobile home parks may be established as a conditional use in certain districts as described in
the District Use Regulations of this ordinance, subject to the requirements of that district and provided
that:
1. Mobile home park identification signs shall be limited to one (1) sign per park entrance.
No sign shall exceed thirty-six (36) square feet in area Only indirect, non -flashing
lighting shall be used for illumination.
2. Within a mobile home ,park only one mobile home may be used as an administrative
office.
3. Convenient access to each mobile home space shall be provided by streets or drives
with a minimum right-of-way of thirty (30) feet, of which twenty (20) feet shall be graded
and drained for automobile circulation within the park. Maintenance of such streets
shall be provided by the owner or operator of the park. Individual mobile home spaces
shall not have access to public streets or highways except through an interior drive.
4. Two (2) automobile parking spaces, each at least ten (10) feet by twenty (20) feet in
size, shall be provided adjacent to each mobile home park space; but such spaces
shall not be located within any public right-of-way or within any street in the park.
5. All mobile homes shall be located on individual mobile home spaces. Each mobile
home space shall contain at least five thousand (5,000) square feet of ground area.
However, if individual sewage disposal systems (septic tanks) and wells are used, they
will be subject to approval by the Beaufort County Health Department. If subsoil
conditions dictate, larger lots may be required by the Beaufort County Health Depart-
ment.
6. Each mobile home shall be located, at least fifteen (15) feet from any other mobile
home, at least fifteen (15) feet from any building within the mobile home park, at
least ten (10) feet from any property line, and at least fifteen (15) feet from the edge of
the right-of-way of any street.
7. Each mobile home space shall be provided with and connected to a source of water
and a system of sewage disposal approved by the Beaufort County Health Department.
All mobile home parks are encouraged to tap on to the water supply and sewage
disposal systems.
8. All garbage and refuse in every mobile home park shall be stored in suitabje water -tight
and fly -tight receptacles. The method of garbage and refuse disposal shall be
approved the Beaufort County Health Department, if not served by municipal garbage
collection.
51

ARTICLE IX. Mobile Home Park Regulations
page 52
9. All streets in the mobile home park shall be adequately illuminated from sunset until
sunrise. .The minimum size street light shall be a 175 watt mercury vapor (approxi-
mately 7,000 lumen class) or its equivalent, spaced at intervals of not more than four
hundred (400) feet.
10. The Beaufort County Health Department and the Belhaven zoning administrator are
hereby authorized and directed to make such inspections as are necessary to deter-
mine satisfactory compliance -with this ordinance. It shall be the duty of the owners or
occupants of mobile home parks to give these agencies free access to such premises
at reasonable times for the purpose of inspection and to maintain the park, its facilities
and equipment in good repair in a clean and sanitary condition.
11. All mobile homes locating in floodplain areas having special flood hazards, as deline-
ated on the flood hazard boundary maps provided by the Federal Insurance Administra-
tion shall meet the requirements of the Federal Insurance Administration. Mobile homes
not placed on permanent foundations must meet tie -down requirements as directed by
State of North Carolina Regulations for Mobile Homes.
12. Mobile homes placed on permanent foundations must meet the specification of the
State of North Carolina Regulations for Mobile Homes.
SECTION 9.02. Application Procedure. '
1. Preliminary Plan - a preliminary plan drawn to scale of not less than 1' = 100' shall be
submitted to the Belhaven Planning Board for all new or expanded mobile home parks
to determine if the proposal meets the requirements and intent of this ordinance. The
preliminary plan should include, among other things:
a. The name of the park, the names and addresses of the owner or owners, and
the designer or surveyor.
b. Date, scale, and approximate north arrow.
C. Site plan showing streets, driveways, recreation areas (if any), parking spaces,
service buildings, water courses, easements, mobile home spaces, and all
structures to be located on the park site.
d. - Vicinity map showing the location of the park and the surrounding land uses.
e. Names of the adjoining property owners.
f. The proposed utility system for'water, sewer, surface water drainage, street
lights, and electrical power.
2. After careful review and consideration of the preliminary plan, the Belhaven Planning
Board shall have forty-five (45) days within which to make its recommendations to the
Board of Adjustment.

ARTICLE IX.
Mobile Home Park Regulations
page 53
3. The Board of Adjustment, based on its own findings and on the recommendations of
the Planning Board shall approve or disapprove the mobile home park plan.
a. If the plan is approved, the zoning administrator shall issue the owner or
developer a conditional use permit. This permit is authority to construct the
mobile home park.
b. If the park is disapproved, the conditions upon which it would be approved
shall be stated: Once the conditions are agreed to by the owner or
developer, the zoning administrator shall issue a conditional use permit,
allowing the park to be constructed. All conditional use permits for mobile
home parks shall expire within twenty-four (24) months from the date of
issuance if construction has not been completed.
4. When the developer has completed the construction of the mobile home park, he shall
apply to the zoning administrator for a certificate of occupancy. The zoning administra-
tor shall make an on -site inspection of the park.
a. If the park conforms to the park plan approved by the Board of Adjustment and
other agencies, the zoning administrator shall issue the developer a certificate
of occupancy.
b. If the park does not conform with the approved plan, the zoning administrator
shall refuse to issue a certificate of occupancy and state in writing the reason
for refusal until it comes int conformity.
5. The certificate of occupancy issued to the developer shall constitute authority to lease
or rent spaces in the mobile home park. No spaces within the mobile home park shall
be leased or rented before a certificate of occupancy is obtained.

ARTICLE X.
Administration and Enforcement
SECTION 10.01. Zoning Administrator.
The zoning administrator, appointed by the Town Manager with the approval of the Town
Council, shall administer and enforce the provisions of this ordinance. If the zoning administrator finds
that any of -the provisions of this ordinance are being violated, he shall notify the person or persons
responsible for such violation, indicating in writing the nature of the violation, and ordering the action
necessary to correct ft. H shall also take any other action authorized by this ordinance to ensure
compliance with, or to prevent violation of, its provisions. -
SECTION 10.02. Zoning Permit Required.
No land shall be used or occupied and no structures shall be erected, moved, extended, or
enlarged nor shall any excavation or filling of any lot for the construction of any building be initiated
until the zoning administrator has issued a zoning permit which will certify that such proposed work is
in conformity with the provisions of this ordinance.
SECTION 10.03. Certificate of Occupancy Required. ,
No land or building shall be used or occupied until a certificate of occupancy has been issued
by the zoning administrator, stating that the building or proposed use complies with the provisions of
this ordinance. A certificate of occupancy, either for the whole or a part of a building, shall be applied
for before such structure is occupied, and shall be issued within ten (10) days after the erection or
alteration of such building, or part, shall have been completed in conformity with the provisions of this
ordinance. No previously unoccupied structure shall be occupied until the certificate of occupancy is
issued.
SECTION 10.04. Application for a Zoning Permit and Certificate of Occupancy.
An application for a zoning permit and a certificate of occupancy shall be filed with.the zoning
administrator. on a form provided by him and shall include two (2) sets of plans showing the dimen-
sions and shape of the parcel to be built on; the sizes, intended uses and location of existing buildings
and those proposed; and shall include such other information as may be necessary to determine
conformance with this ordinance.
SECTION 10.05. Records and Invalidation.
A .record of all zoning permits shall be kept on file in the office of the zoning administrator.
Any zoning permit issued shall become invalid if the work authorized by ft has not been
commenced within six (6) months of the date of issuance or if the work authorized by ft is suspended:
or abandoned for a period of one (1) year.
54

ARTICLE X. Administration and Enforcement
page 55
SECTION 10.06. Penalties for Violations.
Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon
conviction shall be punished for each offense by a fine not to exceed fifty dollars ($50) or imprisonment
not to exceed thirty (30) days. Each day such violation continues shall be deemed a separate offense.
SECTION 10.07. Right of Appeal.
If the zoning permit or occupancy certificate is denied, the applicant may appeal the action -)f
the zoning administrator to the Belhaven Board of Adjustment.

SECTION 11.01
ARTICLE XI.
Board of Adjustment
Creation and Membership.
The Belhaven Town Council may create a board of adjustment consisting of five (5) members.
Three (3) members shall reside within the Town of Belhaven and shall be appointed by the Town
Council. Two (2) members, who reside in the extraterritorial area, shall be appointed by the Beaufort
County Board of Commissioners. If the Beaufort County Board of Commissioners fails to appoint these
two (2) members within ninety (90) days after receiving the resolution from the Town of Belhaven, the
Belhaven Town Council shall make the appointments.
The initial appointment to the Board of Adjustment shall be as follows: -
a. One (1) resident of Belhaven and one (1) resident of the extraterritorial area
shall be appointed for three (3) year terms.
b. Two (2) residents of Belhaven and one (1) resident of the extraterritorial area
shall be appointed for two (2) year terms. Thereafter, all new terms shall be for.
three (3) years, and members may be reappointed.
The Town Council shall also appoint two (2) alternate members to serve in the absence of
regular members. One (1) alternate member shall reside in Belhaven, and one (1) shall reside within
the extraterritorial area. Both the initial appointment and the new terms shall be for three years, and
alternate members may be reappointed.
Each alternate member, while attending any regular or special meeting of the Board of
Adjustment and serving in the absence of any regular member shall have and may exercise all the
powers and duties of a regular member.
SECTION 11.02. Proceedings of the Board of Adiustment.
Within thirty (30) days after the Board of Adjustment is appointed, it shall meet and elect a `
chairman and vice-chairman.
The chairman shall appoint a secretary. The Board shall then draw up and adopt rules of
procedure under which it will operate. All meetings of the Board shall be public; and accurate minutes
of each meeting shall be maintained, showing the vote of each member upon each question; or, if
absent or failing to vote, indicating such fact; and it shall keep records of its examinations and official
actions, all of which shall be filed in the office of the zoning administrator for the public record.
The concurring vote of four members of the Board shall be necessary to reverse any order,
requirement, decision, or determination of the zoning administrator, or to decide in favor of the ap-
plicant any matter upon which it is required to pass under the provisions of this ordinance. Every
decision of the Board of Adjustment shall be subject to review by the appropriate court of record.

ARTICLE XI. Board of. Adjustment
page 57
The chairman of the Board of Adjustment is authorized in his official capacity to administer
oaths of witnesses in any matter coming before the Board. Any member of the. Board, which tem-
porarily acting as chairman, shall have and exercise like authority.
SECTION 11.03. Powers and Duties.
The Board of Adjustment shall have the following powers and duties:
Administrative Review - To hear and decide any appeal from and review any order, require-
ment, decision, or determinatidn made by the zoning administrator. A fee set according to a
regularly adopted fee schedule shall be paid to the Town of Belhaven for each appeal to cover
advertising and administrative costs.
Variances - To authorize, upon appeal, in specific cases such variance from the terms of this
ordinance as will not be contrary to the public interest where, owing to special conditions, a
literal enforcement of the provisions of this ordinance would result in unnecessary hardship. - In
granting any variance, the Board of Adjustment may prescribe appropriate conditions and
safeguards in conformity with this ordinance. A variance from the terms of this ordinance shall
not be granted by the Board of Adjustment unless and until it shall make a finding:,
a. That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same district;
b. That literal interpretation of the provisions of this ordinance .would deprive the
applicant of rights commonly enjoyed by other properties in the same district
under the terms of this ordinance.
C. That the special conditions and circumstances do not result from the actions of
the applicant; and
d. That granting the variance requested will not confer on the applicant any
special privilege that is denied by this ordinance to other land, structures, or
buildings in this same district.
A fee set according to a regularly adopted fee schedule shall be paid to the Town of Belhaven
for each application for a variance to cover advertising and administrative costs. -
Conditional Uses - To hear and decide requests for conditional uses as prescribed'by Article
Vill of this ordinance. A fee set according to a regularly adopted fee schedule shall be paid to
the Town of Belhaven for each application for a conditional use to cover advertising and
administrative costs.

ARTICLE XI.
SECTION 11.04. Appeals
Board of Adjustment
page 58
Appeals from the enforcement and interpretation of this ordinance and requests for conditional
uses or variances shall be filed with the zoning administrator, who shall transmit all such records to the
Board of Adjustment.
The Board of Adjustment shall fix a reasonable time, not to exceed sixty (60) days, for a public
hearing on appeals of the decision of the zoning administrator and on requests for variances and
conditional use permits. A notice of each public hearing shall be published In a newspaper of general
circulation in the Town of Belhaven at least once a week for two (2) consecutive weeks prior to the
public hearing.
An appeal stays all proceedings in furtherance of the action appealed from, unless (1) the
zoning administrator certifies to
the Board of Adjustment that because the violation charged is transitory in nature, a stay would
seriously interfere with the enforcement of this ordinance, or (2) the zoning administrator certified to the
Board of Adjustment that, based on the records of the case, a stay would cause damage to life or
property. In each case, proceedings shall not be stayed otherwise than by an order from the Superior
Court.
It is the intention of this ordinance that all questions arising in connection with the enforcement
of this ordinance shall be presented first to the zoning administrator. All appeals from his decisions
shall be presented to the Board of Adjustment. The Beaufort County Superior Court provides the next
recourse from the Board of Adjustment decisions. Any appeal to the Beaufort County Superior Court
shall be taken within thirty (30) days after the decision of the Board of Adjustment is filed in the office
of the Town Clerk or after a written copy thereof Is delivered to the appellant by personal service or
registered mail, whichever is later.

A
•
ARTICLE XII.
Amendments
This ordinance, including the zoning map, may be amended, supplemented, or changed from
time to time according to the following procedure:
SECTION 12.01. Amendment on Motion of Town Council.
The Belhaven Town Council may, from time to time, amend, supplement, change, modify, or
repeal the boundaries or regulations herein, or as subsequently amended. Proposed changes or
amendments may be initiated by the Town Council, Planning Board, Board of Adjustment, or by one or
more owners, options, or leases of property within the area proposed to be changed or affected.
SECTION 12.02. Petition for Amendment.
Petitions from the public at large to amend this ordinance shall be directed to the Belhaven
Planning Board for review and recommendation 'at least twenty (20) days prior to the next regularly
scheduled meeting of the Planning Board. The petition shall state the nature of the proposed amend-
ment and, if applicable, a description of the property involved; names and addresses of the owner(s) of
the property; and a statement that the proposed amendment is necessary to promote the public health,
safety, and general welfare. Each petition for amendment shall be accompanied by a fee set according
to a regularly adopted fee schedule to defray the cost of advertising and other administrative costs
involved.
SECTION 12.03. Planning Board Review and Recommendation.
The Planning Board shall have forty-five (45) days within which to submit its recommendations
on petitions for amendment. Failure of the Planning Board to submit its recommendations to the Town
Council within this time period shall constitute a favorable recommendation. The Planning Board's
report shall be submitted in writing the Clerk of the Town Board and to the petitioner(s).
SECTION 12.04. Public Hearing by Town Council.
A public hearing shall be held by the Belhaven Town Council before the adoption of any
proposed amendment to this ordinance.
A notice of such public hearing shall be given one a week for two (2) consecutive calendar
weeks in a newspaper of general circulation in Belhaven. Said notice shall be publishdb first time
not less than -fifteen (15) days prior to the date established for such public hearing. Written notice shall
also be given to the owners of each parcel of property which abuts the property involved in the
rezoning hearing.
59

ARTICLE XII.
SECTION 12.05. Vote of the Town Council.
Amendments
page 60
A simple majority of the Town Council shall be required to amend this ordinance when
recommendation by the Planning Board is favorable. A four -fifths (4/5) majority vote by the Town
Council shall be required to amend this ordinance when the Planning Board recommends against such
amendments.
SECTION 12.06. Protest Against Amendment.
In the case of a protest against such proposal duly signed by the owners of twenty (20)
percent or more, either of the area of the lots included in such proposed change or those immediately
adjacent thereto, either in rear thereof or on either ,side thereof, extending one hundred (100) feet from
the street frontage of such opposite lots, such amendment shall not become effective except by
favorable vote of four -fifths (4/5) of all the members of the Town Council.
This provision, however, shall not apply to any amendment which initially zones property added
to the territorial coverage of this ordinance as a result of annexation or otherwise.
SECTION 12.07. Denial of Petition.
When a petition for amendment is denied by the Town Council, a period of twelve .(12) months
must elapse before another petition for the same change previously involved may be submitted.

ARTICLE XIII.
Legal Status Provisions
SECTION 13.01. Effects Upon Outstandina Buildina .Permits.
Nothing contained in this ordinance shall require any change in the plans, construction, size, or
designated use of any building, structure, or part of one for which a building permit has been granted
by the building inspector prior to the time of passage of this ordinance. However, where construction
is not begun within a period of one hundred and eighty (180) days subsequent to the passage of this
ordinance or where it has not been completed within eighteen (18) months subsequent to passage of
this ordinance, the permit shall expire and any further construction or use shall be in conformity with -
the provisions of this ordinance.
SECTION 13.02. Interpretation. Puroose. and Conflict.
In interpreting and applying the provisions of this ordinance, the provisions shall be held to be
the minimum. requirements for the promotion of the public health, safety, and general welfare. Wher-
ever the requirements of this ordinance are at variance with other requirements of lawfully adopted
rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the
highest standards shall govern.
SECTION 13.03. Validity.
Should any section or provision of this ordinance be declared invalid by the courts, such
decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the
part so declared to be invalid.
SECTION 13.04. Effective Date.
This ordinance shall become effective from and after its passage by the Town Council of the
Town of Belhaven. i
61

K�
A
APPENDIX A
VEHICLE ACCOMMODATION AREA SURFACES
PAVED SURFACES
Vehicle accommodation areas paved with asphalt shall be constructed in the same manner as
street surfaces. (see A-D below). If concrete is used as the paving material, vehicle accom-
modation areas shall be similarly constructed except that six (6) inches of concrete shall be
used instead of two (2) inches of asphalt. The public works director may allow other paving
materials to be used so long as the equivalent level of stability is achieved.
A. Grading and Compaction - Streets shall be graded in accordance with the lines and
grade set by the engineer. Before placing curb and gutter or base on the graded
subgrade, the subgrade shall be compacted to 100 percent AASHO T99 for a depth of
sic (6) inches and then shall be proof rolled in the presence of the engineer. Places
that are found to be loose, or soft, or composed of unsuitable materials, whether in the
subgrade or below it, must be dug out and refilled with suitable material. All embank-
ments or fills shall be made in one -foot horizontal lifts° of suitable material. The fill shall
be rolled with a sheepsfoot roller after each lift, followed by a wheel roller, each
weighing not less than eight tons.
B. Street Base - Base course for streets shall generally be eight (8) inches thick, unless
otherwise directed by the public works director, and shall be crushed stone conforming
to Department of Transportation (DOT) Type ABC stone. The stone base course shall
be placed in four -inch (4') layers, watered as necessary, and compacted to 100 percent
AASHO T99. The contractor shall be responsible for keeping the stone base free of
contamination from clay or other foreign materials. Handling and placement of stone
base shall all be in accordance with DOT specifications.
C. Street Surfaces - The asphalt surface course shall meet DOT specifications,for Type 1-2
asphalt. The asphalt shall be placed in one (1) two-inch (25) layer, and shall be
handled and placed in accordance with DOT specifications.
D. Pavement Section Variations - Sections C-6, C-7, and C-8 set the standards that shall
apply under normal soils conditions. However, where soils are unusually good or
unusually unstable, the public works director may allow or require the developer to
have soil tests run and a pavement design made by a qualified soils engineer. Under
these circumstances, the public works director may allow pavement sections con-
structed to lesser standards that those set forth above (for good soils) or require
pavement sections constructed to greater standards than those set forth above (for
unstable soils.
2. UNPAVED SURFACES
Vehicle accommodation areas without paving shall be constructed in the same manner as
paved areas except that crushed stone of the following types may be used in lieu of asphalt,
concrete, or other paving material: Size 13 Crushed Stone.
A-1

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THE PREPARATION OF THIS MAP 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
BEAUFORT COUNTY
BELHAVEN
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