Land Use Plan-1989

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BELVILLE, NORTH CAROLINA
1989 LAND USE PLAN
PREPARED FOR
THE TOWN OF BELVILLE NORTH CAROLINA
BY
'
T. DALE HOLLAND CONSULTING PLANNERS
'
DECEMBER, 1989
Adopted by the Town of Belville: November 21, 1989
Certified by the CRC: December 1, 1989
The preparation of this report 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.

BELVILLE, NORTH CAROLINA
1989 LAND USE PLAN
PREPARED FOR
THE TOWN OF BELVILLE, NORTH CAROLINA
BY
T. DALE HOLLAND CONSULTING PLANNERS
DECEMBER, 1989
Adopted by the Town of Belville:November 21, 1989
Certified by the CRC: December 1, 1989
The preparation of this report 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 BELVILLE
1989 LAND USE PLAN
TABLE OF CONTENTS
INTRODUCTION
SECTION I: ANALYSIS OF EXISTING CONDITIONS
Population
Economy
Housing
Existing Land Use Analysis
Current Plans, Policies, and Regulations
Constraints: Land Suitability
Constraints: Capacity of Community Facilities
Estimated Demand
SECTION II: POLICY STATEMENTS
Resource Protection
Resource Production and Management Policies
Economic and Community Development Policies
Continuing Public Participation Policies
Storm Hazard Mitigation, Post -Disaster Recovery,
and Evacuation Plans
SECTION III: LAND CLASSIFICATION SYSTEM
SECTION IV: RELATIONSHIP OF POLICIES AND LAND
CLASSIFICATIONS
SECTION V: INTERGOVERNMENTAL COORDINATION
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TOWN OF BELVILLE
1989 LAND USE PLAN
LIST OF TABLES
Table
Page
I
Town of Belville Population
By Sex, By Age - 1980 Census
3
II
Comparison of Various Age Groups
3
III
Belville Population Projections
4
IV
Travel Time to Work
5
V
Comparison of Employment -
Percentage by Major Category
6
VI
Comparison of Per Capita Income - 1980 Census
6
VII
Town of Belville Housing Conditions
7
VIII
Town of Belville Existing Land Use Plan
8
ii

I
I
TOWN OF BELVILLE
1989 LAND USE PLAN
INTRODUCTION.
The Town of Belville's initial Land Use Plan has been prepared in
compliance with the guidelines of the North Carolina Coastal Area
Management Act (CAMA). Specifically, this document complies with
Subchapter 7B, "Land Use Planning Guidelines," of the North
Carolina Administrative Code, as amended, July 9, 1984. These
guidelines require an assessment of existing conditions and pre-
dictions of future trends. In addition, local problems and issues
must be analyzed in order to make appropriate policy decisions.
The Town of Belville's Land Use Plan should be comparable with the
policies of the regional, state, and federal planning framework.
The guidelines further give the following objectives the plan
should meet:
-- Identification of existing constraints to development, land use
incompatibility problems, and environmentally -sensitive areas.
-- Provision of land use guidelines to assist private individuals
in supporting local government commitment to planned, environ-
mentally -sound residential/commercial development endeavors.
-- Analysis of intergovernmental issues and incorporation of local
land use policies into the regional, state and federal planning
-- framework.
Provision of policy decisions that will allow more efficient
and equitable review of permit/grant requests by state and
.�'., federal agencies.
-- Establishment of an initial planning data base that will allow
cost-effective review and updating of the land use planning
document in the future.
This Land Use Plan will serve as a guideline for future residen-
tial and commercial development. The Town of Belville contains
environmentally -sensitive areas and wishes to protect these areas
while, at the same time, encouraging new development.
1

The Town of Belville was incorporated on March 14, 1977. There-
fore, historical data is limited. The sources used for the
preparation of this plan include the North Carolina Office of
State Budget and Management's 1980 Census, the Brunswick County
Land Use Plan, North Carolina Department of Transportation, North
Carolina Division of Archives and History -Underwater Branch,
interviews with Town officials, and windshield surveys of local
conditions.
Some conclusions that may be drawn from this study include:
1) The Town does not have good potential for residential and
commercial growth without expansion.
2) The population of the Town relies on employment opportunities
outside of Brunswick County.
3) The population of the Town is predominantly single elderly
residents and families with parents from 25 to 45 years of
age. -
4) There is no minority population in the Town.

SECTION I: ANALYSIS OF EXISTING CONDITIONS
POPULATION
The Town of Belville has a declining year-round population. The
1980 Census figures indicated a total population of 106 persons.
However, by 1989 the total population had decreased to 60 persons.
This decline was due mainly to the closing of three mobile home
parks in the early 1980s. Table I shows the 1980 population
broken down by age group and sex.
TABLE I
Town of Belville Population
By Sex, By Age - 1980 Census
Acme
Total
Female
Male
Under 5
10
4
6
5 -14
17
9
8
15-19
3
0
3
20-24
6
4
2
25-44
33
16
17
45-64
15
9
6
65 & Over
22
6
16
106
48
58
As Table I indicates, there are comparatively few residents
between the ages of 15 and 24. Table II compares the relationship
among the various age groups in the Town of Belville with the
population of the whole County.
Age
Under 5
5 -14
15-19
20-24
25-44
45-64
65 & Over
TABLE II
Comparison of Various Age Groups
1980 Census
Town of Belville
I
9.4%
16.0
2.8
5.7
31.1
14.2
20.8
1980 Census
Brunswick County
7.3%
17.4
9.0
7.6
27.0
21.0
10.7
Another fact that is evident from these tables is that the Town's
percentage of residents 65 and over is approximately twice that of
the County's elderly population percentage. Persons over 65 years
of age represented 21% of the total population of the Town. This
ratio of elderly residents certainly contributes to the fact that
3

37% of the households in
tionally, the percentage
of age is more than three
age group for the entire
of Belville's population
County.
Belville have only one occupant. Addi-
of Belville residents between 15-19 years
times less than the percentage of that
County. The age distribution of the rest
is fairly consistent with that of the
The Town of Belville is currently proposing to expand the Town
limits into Northwest Township.. While annexation boundaries must
be defined, the annexation could result in the addition of approx-
imately 50 to 100 residents. Without annexation, the Town of
Belville's population may be expected to continue to decrease.
Many of the Town's residents reside in substandard mobile homes.
It is anticipated that these substandard units will be removed
through voluntary action or be required to be removed by the Town.
If the historic growth patterns of Brunswick County and Northwest
Township continue, the population in an annexation area should
increase at a rate of about 5% per year. This annexation would
probably bring the age group ratio for elderly more into line with
the County's average. Table III provides population forecasts
with and without annexation.
TABLE III
Belville Population Projections
1980
1988
1990
1995
2000
*Annual Growth Rate 5%
**Annual Growth Rate 2%
Existing With Proposed
Town Limits Annexation
(50 residents)
11.
60
110
58
121*
54
154*
45
170**
Because of its anticipated direction of growth into the Northwest
Township, the Town of Belville will be more closely influenced by
the demographic and economic trends of the Northwest Township than
those of the Town Creek Township. The Town Creek Township is
primarily rural in character. Expansion of the Town by annexation
will occur in the Northwest Township. The only significant
population concentrations are in Belville and subdivisions adja-
cent to N.C. 133 south of Belville. The Northwest Township is
essentially developed or transitional in character. The area is
under direct economic influence of the Wilmington S.M.S.A.1
and should have strong sustained growth. Belville must draw from
and rely on this growth to sustain itself.
1 Standard Metropolitan Statistical Area.
4

From 1980 to 1987, the Northwest Township had a 34% population
increase from 6,136 to 8,299 residents. While this was signifi-
cant growth, it was well behind the 52% growth rate experienced by
Brunswick County as a whole.* The County is experiencing major
permanent and seasonal growth along its coast line. The Belville
Northwest Township area growth rate is not being influenced by the
coastal development.
ECONOMY
The Town of Belville has, at the present time, limited employment
opportunities for its residents. This is apparent by the fact
that 97% of the Town's employed residents work outside of
Brunswick County. This may be easily explained by the Town's
close proximity to the employment opportunities in Wilmington and
New Hanover County. In 1980, the mean travel time to work was
16.5 minutes. While specific places of work were not identified,
the travel time suggests that the majority of the residents were
employed in the Wilmington S.M.S.A. Thirty-seven of the employed
residents worked outside of the County. Table IV provides an
analysis of travel time to place of employment. It is obvious
r�
that few of Belville's employed residents work in Belville or
adjacent areas..
TABLE IV
Travel Time To Work
Less than 5 Minutes 1
5 to 9 Minutes 0
10 to 14 Minutes 6
15 to 19 Minutes 18
20 to 29 Minutes 8
30 to 44 Minutes 4
45 to 59 Minutes 0
60 or More Minutes 0
Mean Travel Time to Work (Minutes) 16.5
Because of its location at the intersection of heavily traveled
highways, the commercial activities within the Town of Belville
are mainly service oriented businesses such as motels, restau-
rants, convenience stores and transportation companies. The only
identifiable seasonal fluctuations are the summer increases for
the convenience stores on N.C. 133.
The majority of employed residents of the Town of Belville work in
manufacturing or retail trade. Table V compares the employment of
the Town's workers with that of Brunswick County and the State of
North Carolina.
�. *Source: 1987 Brunswick County Land Use Plan.
5

TABLE V
Comparison of Employment -
Percentaae by Maior Cateaor
Category
Belville
Brunswick Co.
N.C.
Forestry & fishing
0%
0.3%
0.7%
Construction
13.5
5.9
4.7
Mining
0
0
0
Manufacturing
40.6
33.7
33.7
Transportation,
Communications & Utilities
5.4
15.5
4.8
Wholesale & retail
29.7
14.1
21.6
Finance, insurance &
real estate
8.1
2.4
4.0
Services
2.7
7.8
13.9
Government
0
20.3
16.4
Source: 1980 Census and Brunswick County
Land Use Plan 1987
Update
Table VI shows a comparison of per capita income among the Town,
the County, the State and the Country.
TABLE VI
Comparison of Per Capita Income
1980 Census
Town of Belville $6,420
Brunswick County 5,981
North Carolina 7,780
United States of America - 8,458
The Town's per capita income is well above that of the County.
This may be explained by the fact that 970 of the employed resi-
dents work outside of Brunswick County and by the fact that
Brunswick County is predominantly rural.
In 1980, forty-one percent (410) of Belville's households had
annual incomes between $10,000 and $12,500. The median income per
household was $12,279 and the mean income per household was
$17,353. Only three residents reported incomes below the national
poverty level.
HOUSING
The 1980 Census reported a total of 58 dwelling units. Eighteen
(18) were detached conventional single-family dwelling units and
forty (40) were mobile home units. Only six of the units were
constructed prior to 1960 and thirty (30), or 750, were con-
structed after 1970. Twelve (12) of the conventional units were

occupied. Only 500 of the mobile homes were occupied. All
dwelling units were reported to have at least one complete
bathroom. All units relied on septic tanks for sewage disposal
and individual wells for water supply. None of the dwellings
experienced any conditions of overcrowding. All averaged
occupancy rates of less than 1.01 persons per room. This is based
on the HUD occupancy standard.
Housing conditions have substantially changed since 1980. Table
VII provides a summary of current 1989 housing conditions.
TABLE VII
Town of Belville Housing Conditions - 1989
Total
Conventional Units 20
Standard 19
Deteriorated 1
Dilapidated 0
' Mobile Home Units 27
Standard 15
Deteriorated 11
Dilapidated 1
TOTAL
47
In 1989 there were a total of 47 dwelling units. This represents
---a 19% decrease since 1980. Most of that decrease is the result of
vacant mobile homes being removed from the Town. Much of the
- ;:current housing stock should be considered substandard when judged
zby current accepted housing standards. The classifications
defined in Table VII were based on a windshield survey conducted
in December, 1988, utilizing the N.C. Department of Natural
Resources and Community Development Housing Needs Guidelines (see
Appendix I). Housing conditions are indicated on Map 1.
A total of 13, or 28%, of the Towns,housing was classified as
substandard. However, only one of the substandard dwelling units
should be considered dilapidated and in need of demolition or
removal.

EXISTING LAND USE ANALYSIS
1. General Patterns
r
Belville has extremely unusual land use patterns and condi-
tions for an eastern North Carolina municipality. The Town
does not have any established residential areas. The great
majority of the Town's land is in commercial service and
retail usage. The biggest single land use change in recent
years has been a decline in residential use. In fact, if a
change in trends and development does not occur, the Town will
be left without population base and mixed strip commercial-
ization. The following table provides a summary of land use
acreages, and Map 2 identifies existing land use locations.
TABLE VIII
Town of
Belville
Existing Land Use - 1989
Acreage
%
Single -Family Residential
5.68
3.7
Multi -Family Residential
1.32
.8
Commercial
17.05
11.1
Public/Semi-Public
.54*
.3
Vacant
23.88
15.2
Government
29.65*
19.3
Right-of-way
15.93*
10.3
Water
60.59*
39.3
Totals
154.14
100.0
*Non -tax (revenue) producing area.
Source: T. Dale Holland
Consulting Planners
a. Residential Land Use
There are not any concentrated areas of residential land
use. The largest single residential development is the
15-unit Brunswick River Apartment complex. There are only
five single-family,,frame-built residential units. All
other residential units are mobile homes, most of which
should be considered substandard. There are some prop-
erties located between N.C. 1554 and the Brunswick River
and between N.C. 1554 and N.C. 133 which are suitable for
residential development. However, all of the property is
owned by the N.C. Department of Transportation. There are
not any other properties which are suited to residential
development. No new construction of residential units has
occurred since 1980. The Town does not have a Building
9

of new construction are provided
Inspector. Inspections
through contract with the Brunswick County Inspections
Department. The major areas of concern for the Town
should be development or annexation of residential areas
and the resulting development of a population base.
b. Commercial Land Use
Belville has one consolidated area of commercial develop-
ment. The area focuses on the intersection of S.R. 1551
and N.C. 133 and extends east along S.R. 1551. The
commercial development is all transient oriented. The
Belville population is insufficient to independently
support any commercial area. The acreage "totals" in
Table VIII appear substantial. However, the commercial
r development is primarily on large lots.
The quality of commercial development is poor. Many
buildings are deteriorating. Excessive signage exists.
The Town is highly visible from U.S. 74/76.. Current
development does not present the image desired by the
Town.
c. Industrial Land Use
There is not any industrial land use located within the
Town of Belville. In addition, there is not any land
currently within the Town of Belville which is suited for
industrial development. The Town does not have central
sewer service to support industrial development. However,
the major obstacle to industrial development is land use
compatibility and the availability of vacant land for
industrial development.
d. Governmental Land Use
Belville has substantial governmental land use. These
uses include: the Belville municipal offices, the Alcohol
Beverages Control Store and the North Carolina Department
of Transportation property which is being utilized as a
maintenance/material storage yard. These governmental
uses do not have any significant impact on land uses with-
in the Town. However, the Town derives substantial tax
revenue from the operation of the "ABC" store. This is
the single largest source of income for the Town and may
serve to support many land use related improvements such
as the development of central sewer services/facilities.
The land use by the D.O.T. is not anticipated to change
during the planning period.
e. Institutional Land Use
A church comprises the only parcel of institutional land
use in Belville.
9

f. Vacant Land
Vacant land comprises the second largest single land use
in Belville. However, much of the vacant land is in CAMA
or what would appear to be 404 wetland areas. Approx-
imately one-half of the vacant land appears to be suitable
for development. Several of the vacant parcels are being
utilized for the temporary storage of trucks and vacant
mobile homes. The majority of the vacant land fronts on
N.C. 133 in highly visible locations.
g. Land Use Summary
While not an actual "land use," the largest single surface
area in Belville is comprised of water and marsh area.
This fact emphasizes the need for sensitivity by the Town
to environmental issues. In particular, careful attention
should be paid to the development of the Town's shoreline
area. Recreational usage would be a desirable alternative
for the shoreline areas currently owned by NCDOT.
Donation of land to the Town should be pursued by the Town
if DOT use changes or the site is abandoned. The Town
will investigate the possibility of a land swap with DOT
for some of the shoreline areas.
The largest single land use problem may be the random
mixture of land uses. There is no control over land use
development. Commercial, residential and governmental
uses are all inter -mixed. This problem is most pronounced
through the random location of mobile homes. The quality
of housing is also seriously declining. Since 1980, many
mobile homes have been removed from the Town. Many of the
remaining mobile homes are substandard.
The Town's major land use problems are summarized as
follows:
-- Incompatible mixture of land uses.
-- Lack of land use controls/ordinances.
-- Declining housing conditions.
-- Lack of housing related codes/ordinances.
-- Excessive signage.
-- A total of 106.7 acres or 690 of the Town's area is in
non -producing use or area.
-- Commercial development is primarily "strip" commercial
type of development.
-- The appearance/quality of commercial development is
declining.
-- There are not any areas of the Town suited to stable
long-term residential development.
-- Several areas of the Town adjacent to the Brunswick
River which have the greatest potential for development
are owned by the State of North Carolina.
-- The Town is not served by a central sewer system.
10

While the Town of Belville has numerous land use problems,
the Town also has some distinct advantages and qualities.
There are summarized as follows:
-- The Town is the only incorporated area in northern
Brunswick County located on U.S. Highway 74/76.
Belville has the ability to adopt land use regulations
and control development.
-- Belville is located at the intersection of two major
traffic arteries, N.C. 133 and U.S. 74/76. These are
the major traffic routes into northern Brunswick
lk County.
-- Over twenty acres of vacant land exists which can be
developed to the Town's advantage with proper planning
and land use control.
-- The Town has a good system of roads which are main-
tained by the State of North Carolina.
-- The Town is served by a central potable water supply.
-- The Town has good visibility of the Brunswick River and
Eagle Island. This offers an outstanding vista and
attractive setting along the Town's shoreline.
CURRENT PLANS, POLICIES, AND REGULATIONS
Except for the Brunswick County Land Use Plan and Building Code,
the Town of Belville is not regulated by any land use related
plans, ordinances or codes. The Building Code applies to new
construction and does not affect existing structures. This lack
of control has lead to the development of many of the Town's
existing land use problems. In addition, no sewer plans or
policies exist. Presently the Town has limited administrative
capability. The only employee is a part-time Town Clerk. The
Town Board consists of a mayor and three commissioners. The Town
contracts with Brunswick County for building code enforecement.
This Land Use Plan represents the Town's first effort at planning
and control of development.
CONSTRAINTS: LAND SUITABILITY
The serious constraints to development are generally believed to
be the following:
(1) Physical Limitations; i.e., hazardous (man-made or natural)
areas; areas with soil limitations; hazardous slopes, etc.
(2) Fragile areas which include AECs, complex natural areas,
areas with cultural (architectural or archaeological)
significance.
(3) Areas with resource potential such as productive or prime
agricultural or forestlands, or potentially valuable mineral
sites.
11

1. Physical Limitations
a. Man-made Hazards
There are not any significant man-made hazards within
Belville. Some underground fuel storage tanks exist.
However, as a result of recently -adopted Federal regula-
tions concerning underground storage tanks, the threat of
explosion or groundwater contamination from existing
underground storage tanks should decrease in coming years.
Careful planning will ensure man-made hazards will not
impact future development within Belville. (There is the
possibility of contamination of the river from the nearby
Port of Wilmington in the event of a large oil or chemical
spill. Also, the proximity of a major highway poses the
threat of environmental damage in the event of an accident
involving the transportation of hazardous materials.)
b. Natural Hazard Areas
Flood Hazard Area: The Town of Belville does not partici-
pate in the Federal Emergency Management National Flood
Insurance Program. Therefore, Flood Insurance Rate Maps
establishing the location of the 100-year flood plain
within Belville-do not exist. Brunswick County does
participate in the flood insurance program. The 100-year
flood elevation in the vicinity of Belville is 10 feet
above mean sea level. This elevation would place approxi-
mately one-half of Belville within the 100-year flood
plain. However, most of that area is either vacant or
sparsely developed. To avoid confusion, a composite
hazards map was not provided with an estimated/approximate
flood hazard area boundary.
The greatest drawback of the Town's non -participation in
the flood program is a lack of National Flood Insurance
coverage. The Town should contact the Federal Emergency
Management Agency and pursue:.participation in the flood
insurance program.
Increasing water level is a concern throughout the coastal
areas. It is estimated that by the year 2000, the North
Carolina coastline will have risen by one to three inches,
and from two to six inches by the year 2025.* The Town's
elevation rises rapidly from the Brunswick River and a
six-inch rise in water level would leave much of the Town
above flood and water level. However, much shoreline
wetland area could be destroyed and erosion of shoreline
could become a problem.
* Conservative estimate of sea level rise based on best
available data.
12

c. Soils Limitations
Except for approximately 20% "muck" soils in wetland and
marsh areas along Belville's shoreline, all of Belville's
soils are classified as Pactolus soils. These soils are
wet, with limitations for septic tank usage and drainage.
Belville has historically had a problem with septic tank
operation and installation of new septic systems because
of poor soil suitability. The poor soil conditions are
undoubtedly a physical limitation to development, and will
have a significant impact on local planning issues
including wastewater treatment, groundwater and surface
water quality, and any type of drainage or roadway
improvements undertaken by the Town.
d. Potable Water
Belville's central water supply is obtained entirely from
the Leland Sanitary District.l The District currently
provides water to 875 commercial and residential customers
in its service area. The system supplies 4 to 6 million
gallons of water per month. The District's water supply
is furnished by Brunswick County. The County's water is
furnished from an intake plant located on the Cape Fear
River above Lock No. 1. The waters of the Cape Fear River
at that location are classified as suitable for water
supply by the State of North Carolina. The lands along
the Cape Fear River are largely undeveloped and contain
extensive wetland areas. Future problems with the quality
of the water supply are not anticipated.
e. Surficial Water Resources
The adjacent waters of the Brunswick River do not serve as
a water supply. However, the river should be protected as
a major scenic and recreational resource. The river's
potential as an economic resource should not be under-
estimated. In addition, Eagle Island lies across the
river from Belville. This is an environmentally signif-
icant area which should be protected as a natural, scenic
and wildlife preserve area.
1 Service area generally extends east on N.C. 133 to Jockeys
Creek (River Croft Estates) and along Jockeys Creek to U.S. 17,
south on U.S. 17 to Land Valle Road, west on U.S. 74/76 to East
Brook (railroad intersection), north along East Brook Road to
the Seaboard Coast Line Railroad, southeast along the railroad
to the Brunswick River, and along the Brunswick River to Jockeys
Creek. The Town of Navassa is not included.
13

2.
Fragile Areas
Along the coast, fragile areas are considered to include:
coastal wetlands, sand dunes, ocean beaches, shorelines,
estuarine waters and shorelines, public trust waters, complex
natural areas, areas sustaining remnant species, unique geo-
logical formations, registered natural landmarks, swamps,
prime wildlife habitats, scenic points, archaeological sites
and historic sites. The Town of Belville includes or is
adjacent to estuarine waters and shorelines, coastal wetlands,
and public trust waters.. These areas are defined in NCAC 7H.
(Refer to Appendix II for definitions.)
The most notable fragile area is the adjacent Eagle Island.
There is a natural marsh area which serves as a wildlife habi-
tat. The island supports one of the largest populations of
alligators in any North Carolina river.* The area also serves
as a scenic point. If the Town adopts zoning, protection
could be extended to the area through extaterritorial juris-
diction. Other fragile areas include: public trust waters,
estuarine shoreline, and wetlands. The waters of the Cape
Fear and Brunswick Rivers are classified as W.S. III by the
State of North Carolina. This is the lowest classification
which a potable water supply can receive.
The Town's shoreline is an estuarine shoreline area. While a
non -ocean shoreline, the area is vulnerable to erosion and
flooding. Belville will support the CAMA development permit
system with its Zoning Ordinance to be adopted FY89/90.
There are limited areas along both sides of N.C. 133 which
have the potential to be classified as 404 wetland areas.
Development of these areas would be under the jurisdiction of
the U.S. Army Corps of Engineers.
There are not any known archaeological or historic sites
located within or adjacent to Belville. Any historically
significant artifacts in the Brunswick River are believed to
have been destroyed as a result of heavy dredging in the 150s
and 160s.**
3. Areas of Resource Potential
Resource potential areas include: productive and unique agri-
cultural lands; potentially valuable mineral sites; publicly -
owned forests, parks, fish and gamelands; non -intensive recre-
ation lands; and privately -owned wildlife sanctuaries. The
only resource potential area within Belville is the Brunswick
River, including the associated tributaries and wetlands.
This area should be considered a non -intensive recreation area
and protected as such.
*Source: 1987 Brunswick County Land Use Plan.
**N.C. Division of Archives & History, Underwater Archaeology
Branch
14

CONSTRAINTS:
1. Water
CAPACITY OF COMMUNITY FACILITIES
Belville is provided potable water by the Leland Sanitary
District. As discussed under physical limitations, the Leland
Sanitary District obtains water from the Lower Cape Fear Water
and Sewer Authority. The water system adequately serves
Belville and surrounding areas. The system will be able to
adequately serve Belville throughout the planning period,
including any areas which may be annexed. The Leland Sanitary
District currently supplies 4 million gallons/month and has
the capacity to double or triple that amount. Belville is
served by a 6" water line with fire hydrants spaced from 500'
to 1, 000" apart.
2. Sewer
The Town of Belville does not have central sewer service. All
commercial and residential sewage disposal is currently pro-
vided by septic tanks. The Town is considering its options
for development of a central sewer system. Continued growth
will demand central sewer service. If growth is to occur a
system is needed. Options to be considered by the Town will
include both construction of its own waste treatment plant
and/or connecting to an existing system. The only readily
accessible existing system is the privately -owned and operated
Maintenance, Inc. system.
3. Solid Waste
The Town of Belville currently provides solid waste collection
through contract with Waste Industries, Inc., of Wilmington.
Individual property owners are furnished with six cubic yard
dumpsters which are emptied once per week. Any residential
expansion of the Town through annexation would require a
door-to-door collection system. Belville does not expect to
operate its own solid waste collection program within the
planning period.
4. Schools
Belville is served by the Brunswick County School' System.
There are approximately 20 school -age children within the
Town. The following schools provide service.
School Grades Capacity Level*
Lincoln Primary School K-5 At Capacity
Leland Middle School 6-8 At Capacity
North Brunswick High School 9-12 8% Over Capacity
*N.C. Department of Public Instruction, Division of School
Planning. Brunswick County School Survey Report, 1984-85.
15

The Brunswick County Board of Education has adopted a long-
range plan to relieve overcrowding. This may serve to
accommodate growth in and around Belville. Belville's current
student population is not large enough to have significant
impact on the Brunswick County school system.
5. Transportation
The Town of Belville is exposed to high volumes of traffic.
In 1988, U.S. 74/76 had an average daily traffic count (ADT)
of 35,800 vehicles. N.C. 133 had an ADT of 6,900. These
counts are expected to increase significantly. The N.C.
Department of Transportation forecast an ADT for U.S. 74/76 of
52,000 by the year 2002. No forecast was available for
N.C. 133. W
The section of N.C. 133 extending through Belville and Leland
community is recognized as one of the most hazardous roads in
Brunswick County. In fact, the 1987 Brunswick County Land Use
Plan cited over 100 accidents having occurred in the Leland
section of the highway from January 1979 to January 1985.
It is anticipated that capacity may become a problem along
sections of N.C. 133. The current County Thoroughfare Plan
does not recommend any improvements in Belville. The Town
plans to become more active in the transportation planning
process.
6. Medical Services
There are not any doctors or medical services located within
the Town of Belville. However, ample medical services are
available from both Brunswick and New Hanover County facili-
ties. The Brunswick County hospital is located north of
Supply, approximately 23 miles south of Belville. More acces-
sible medical service may be obtained in Wilmington through
either the Cape Fear Memorial Hospital (a private facility) or
the New Hanover Memorial Hospital (a public facility). These
services are both within 10-12 minutes driving time from
Belville.
7. Emergency and Protective Services
The Town of Belville is served by both the Leland and the
Navassa Volunteer Fire and Rescue Departments. For this ser-
vice, the Town makes annual contributions to both departments.
This service is considered adequate to serve both the Town of
Belville and adjacent developed areas. The Brunswick County
Sheriff's Department provides police protection.
16

8. Other Facilities
The only facility operated by the Town of Belville is the
Belville Municipal Office. This is a small office located in
the Belville ABC store building and is located on S.R. 1551.
The Town does not offer police, building inspection, or zoning
and subdivision services. These services, except for zoning,
are provided by Brunswick County.
ESTIMATED DEMAND
1. Population and Economy
The Town of Belville has experienced severe population
decreases since 1980. During this time, the population has
decreased from 106 to approximately 60. "Survival" of the
Town will depend upon an effective annexation program. The
Town has proposed an annexation area to include 850 persons.
Because of hostile reactions to this plan, the Town Board has
decided to identify and pursue a smaller annexation area in
the near future. Any annexation action will create an
increased demand for services to include: police protection,
central sewer system, solid waste collection, zoning, building
inspections, and recreational facilities.
2. Land Use Demand
The Town of Belville's predominate "developed" land use is the
commercial category. Residential development occupies only 7
acres. The Town is primarily commercial in character and
further residential development is unlikely. Almost all of
the Town's vacant land fronts on heavily traveled highways and
roads. Ample space is available for future commercialization.
However, sound permanent residential development will most
likely only be accomplished through annexation.
3. Community Facility Needs
The greatest community facility need facing the Town of
Belville is the provision of central sewer service. However,
this will be difficult, if not impossible, for the Town to
accomplish with its existing population and tax base. Within
the planning period, the Town intends to develop and adopt a
plan for the provision of central sewer service.
There are not any other existing community facility needs
confronting the Town. If annexation of adjacent areas occurs,
the Town should adopt a specific community facilities plan.
1
17

ISECTION II: POLICY STATEMENTS
The most important part of a Land Use Plan is the establishment of
specific policies and implementing strategies to guide growth and
development. These policies and strategies must be developed at
the local level to satisfy the *need and desires of the Belville
residents. However, they must be consistent with the policies of
the Coastal Resources Commission.
As a minimum, the Coastal Resources Commission requires the Town's
and all local governments' policies to address the following areas
of concern:
-- .Resource Protection
-- Resource Production and Management
-- Economic and Community Development
Continuing Public Participation
Storm Hazard Mitigation
The policy and implementing. strategies developed by the Town, with
public input, will serve to direct future growth and set prior-
ities for the allocation of resources. The policies are "geared"
to a five-year schedule. Therefore, implementation statements
should be clear, specific and attainable. The policies will be
reviewed annually and.subjected to a major update every five
years.
In developing this plan, the Town of Belville has carefully
reviewed the Brunswick County Land Use Plan and the implications
of that plan for Belville. The Town of Belville agrees with and
adopts the County's comprehensive policy regarding overall
growth.
The Town of Belville supports the current growth trend
being -experienced (in Brunswick County) and, to the
extent possible, will plan for and accommodate future
growth while simultaneously maintaining and improving the
quality of life for current and future residents.
A. RESOURCE PROTECTION
Being a river shoreline community, the Town of Belville is
subject to Estuarine Shoreline AECs, Estaurine Waters AECs,
public trust water AECs, Federal Flood Hazard Areas and
Section 404 Fresh Water Wetland Areas regulated by the U.S.
Army Corps of Engineers. Substantial areas of the Town are
subject to these regulations. However, none of the ocean
hazard AECs apply to Belville's Land Use Plan.
1 18

1. Areas of Environmental Concern
The Town of Belville will support the enforcement of the
CAMA and 404 wetlands permitting processes. Only those
land uses compatible with the Areas of Environmental
Concern (AECs) will be encouraged. All policies set forth
in Subchapter 7H of the North Carolina Administrative Code
will be supported. See Appendix II for a description of
the AEC categories.
Belville recognizes that only water dependent land uses
should be encouraged in wetland lands, estuarine shore-
lines and public trust areas. These may include dredging,
bridges, bulkheads, drainage ditches, docks, boat ramps,
and utilities Other land uses should not be encouraged
in AECs. Coastal wetlands AEC designation applies to all
marshland tidally influenced by the Brunswick River.
There are significant areas of coastal wetlands in
Belville along the Brunswick River. Protection and
management of these wetlands will be a high priority for
the Town of Belville. Only those land uses requiring
water access and which cannot function elsewhere should be
considered.
The Town of Belville considers all public trust waters to
be a valuable resource. However, the Town supports the
Brunswick County public trust AEC policy:
"Brunswick County supports the protection of public
rights for navigation and recreation in public trust
AECs, tempered by the community's need for piers and
docks which serve and benefit the public, whether
publicly or privately owned."
The Town considers access to the Brunswick River and its
shoreline to be an important aspect of the overall growth
and development of the Belville community.
Estuarine shoreline areas are a significant part of the
Belville landscape. In fact, over 3,000 linear feet of
Brunswick River shoreline lies within the Town of
Belville. Approximately 15 percent of the Town's external
boundary is estuarine shoreline. This area is defined by
the NCAC Section 15, Subchapter 7H, as the area 75 feet
landward of estuarine water. The Town of Belville
recognized that shoreline development may have a
tremendous influence on the quality of estuarine waters.
All surface waters of the Brunswick
Town of Belville are classified as
for coastal North Carolina.
19
River fronting the
estuarine waters AEC
I

Only land uses compatible with estuarine shoreline devel-
opment will be encouraged. The Town does consider low
density residential (<3 units/acre) and limited commercial
land use related to acceptable marinas within estuarine
shoreline areas so long as the standards of NCAC 15,
Subchapter 7H are met.
a. AEC Policy Alternatives:
(1) The Town of Belville can adopt a zoning ordinance
to control development.
(2) The Town of Belville can adopt a subdivision
ordinance to aide in controlling land subdivision
and development.
(3) The Town can support the CAMA permitting
process.
b. AEC Policy Choices:
(1) The Town will adopt a zoning ordinance sensitive
to AEC areas.
(2) The Town will support the CAMA permitting
process.
c. Implementation Schedule:
(1) The Town of Belville will prepare and adopt a
zoning ordinance in FY1990. Establishment of an
extraterritorial jurisdiction area will be
closely coordinated with Brunswick County.
2. Natural and Cultural Resources
The Belville shoreline is situated in an area rich in
history and artifacts. However, during the 140s, much of
the Brunswick River bottom and shoreline was substantially
disturbed as a result of dredging undertaken to allow for
the storing/anchorage of "mothballed" World War II con-
crete naval vessels on the Brunswick River. No archaeo-
logical sites have been recorded within the Town limits.
There are not any historically significant structures
located within the Town.* However, an area along the west
shore of the Brunswick River where old U.S. 17 ends was
the site of Belvedere Plantation, and later the home of
one of North Carolina's governors. Much of Eagle Island
was used for plantation rice fields.
Other than the wetland and shoreline areas, there are not
any significant fragile or natural areas within the Town
of Belville. However, Eagle Island is located along the
*Source: N.C. Division of Archives & History; Underwater
Archaeology Branch. 20

Brunswick River opposite the Town. The Island is
considered an important fragile area and is so recognized
by the New Hanover County and Brunswick County Land Use
Plans. The Town will discourage any activities which may
be damaging to Eagle Island's environmental quality.
a. Natural and Cultural Resource Policy Alternatives:
(1) The Town of Belville could request the North
Carolina Department of Archives and History to
conduct a survey of architecturally, historically
and archaeologically significant sites.
(2) The Town of Belville can encourage developers to
contact the North Carolina Department of Archives
and History prior to disturbing any shoreline or
river bottom areas.
(3) The Town of Belville can support the New Hanover
and Brunswick County Land Use Plans as they
relate to the protection of Eagle Island.
b. Natural and Cultural Resource Policy Choices:
(1) The Town of Belville, in its zoning ordinance
development, will consider requiring all devel-
opers to contact the North Carolina Department of
Archives and History prior to any land disturbing
activity.
(2) The Town will support the preservation/
protection of Eagle Island.
c. Implementation Schedule:
(1) The Town of Belville will implement both choices
to protect natural and cultural resources. The
zoning ordinance will be prepared in FY89/90.
3. Constraints to Development
Septic tanks, storm drainage and flood hazard areas are
the primary physical constraints to development in
Belville. Development should be discouraged in areas
having poor soils or failing septic tanks. The Town's
lack of central sewer service is considered a severe
restriction to growth and development as well as a cause
of coastal pollution.
Drainage has not been a major problem in Belville because
the majority of the community is located on relatively
high ground. However, the Town believes that increases in
stormwater runoff should be limited.in order to protect
the quality of adjacent coastal waters.
21

Limited areas of Belville do lie within the 100-year flood
plain as defined by the Federal Emergency Management
Agency. The Town of Belville recognizes the hazards
inherent in building in flood -prone areas. The flood -
prone areas are subject to State and Federal standards
which will limit the placement and replacement of
buildings. The Town supports enforcement of flood plain
related State and Federal regulations.
There are not any significant man-made hazards within the
Town of Belville. Limited commercial development and a
complete lack of industrial development has helped
restrict the development of hazardous conditions.
a. Constraints to Development Policy Alternatives:
(1) The Town of Belville could develop a plan for the
construction of a central sewage collection
system.
(2) The Town could adopt a stormwater management
plan.
(3) The Town could adopt a zoning ordinance sensitive
to controlling stormwater runoff.
(4) The Town could support State and Federal flood -
plain related regulations.
b. Policy Choices:
(1) The Town of Belville will..vigorously pursue the
planning, financing, design and construction of a
central sewer collection -system.
(2) The Town of Belville will adopt a zoning
ordinance sensitive to stormwater runoff.
(3) The Town will encourage the coordination of
development in flood hazard areas with applicable
State and Federal regulations.
c. Implementation:.
(1) The Town will proceed with development of a sewer
collection system in the immediate future and
continue until construction is accomplished.
(2) The Town will adopt a zoning ordinance in FY1990
which is sensitive to stormwater runoff. Estab-
lishment of an extraterritorial jurisdiction area
will be closely.coordinated with Brunswick
County.
22 '

ON
5.
Marina and Floating Home Development
The Town of Belville shoreline remains undeveloped and the
Brunswick River is not considered navigable. Therefore,
marina and floating home development has not been an
issue. It is the policy of the Town of Belville to con-
sider the feasibility of marina and/or boat ramp construc-
tion along its shoreline. This includes dredging of the
Brunswick River to improve navigation. Environmentally
sound marina or dock facilities are supported as a benefit
to Belville's growth and development.
a. Marina and Floating Home Policy Alternatives:
(1) The Town of Belville may discourage marina and
dock development.
(2) The Town may encourage responsible marina
development, either including or excluding the
dry stacking of boats.
(3) The Town may encourage navigation improvements on
the Brunswick River.
(4) The Town may discourage anchoring or docking of
live -aboard boats.
b. Policy Choices:
(1) The Town of Belville will encourage responsible
marina/dock facility development; not to exceed
20 total slips for boats up to 351. Marinas may
include dry stacking facilities for boats up to
251. Dry stack facilities shall not provide
space for more than 100 boats.
(2) The Town of Belville will support navigation
improvements on the Brunswick River for
recreational purposes.
(3) The Town will discourage permanent anchoring or
dockage of live -aboard boats and floating homes
within its waters.
c. Implementation:
(1) The Town of Belville will continuously support
these policy choices.
Industrial Impacts on Fragile Areas
There are not any industrial areas within or adjacent to
the Town of Belville. The.Town will not support the
introduction of any industry producing toxic waste or
man-made hazards. The Town will consider the location of
industries within its jurisdiction on a case -by -case basis
in areas classified as transition or developed. However,
industrial development of conservation classed lands along
the Brunswick River will not be supported or encouraged.
23

6. Protection of Potable Water Supply
The Town of Belville is supplied water by the Leland Sani-
tary District water system. Therefore, the Town supports
the following Brunswick County policy and implementation
actions:
"Brunswick County will continue improvements and
expansion of the public water supply system and will
continue to protect the quality of the groundwater
resource through improvements in the public water
supply system; control of toxic industrial and septic
effluent discharges into groundwater supplies and
effective stormwater management and erosion sedi-
mentation controls.
Implementation Actions:
(1) The.County will require mandatory hook-up to the
public water supply system when it is available.
(2) The County will support State and Federal guide-
lines for industrial water pollution control and
septic limitations.
(3) Environmentally sensitive development/drainage
schemes will be encouraged.
(4) A zoning ordinance should be developed and imple-
mented which encourages higher density and more
intensive development to locate in areas where
public water exists."
7. Use of Package Treatment Plants
The Town of Belville will pursue development of a central
sewer system. Until specific plans for that system are
complete, the Town will accept environmentally sound
package treatment plants. However, after the development
of the central system, no package treatment plants will be
allowed.
8. Stormwater Runoff Associated with Agriculture, Residential
Development, Phosphate or Peat Mining, and Its Impact on
Coastal Wetlands, Surface Waters, or Other Fragile Areas
The Town of Belville will support the state and CAMA regu-
lations as related to stormwater runoff. In the FY1990
zoning regulations, the Town will establish regulations to
limit the stormwater runoff associated with residential
and commercial development.
24

B. RESOURCE PRODUCTION AND MANAGEMENT POLICIES
The Town of Belville's major resources include residential and
commercial land development, location on major highways, and
vacant developable property. As the commercial center for
northern Brunswick County, the Town's economy is particularly
dependent upon retail and service businesses.
1. Agriculture
Belville does not have any agricultural production. There
is some limited agricultural production adjacent to the
western and southern sections of Town. In the future
development of the Town, the impact of agriculture will be
insignificant.
a. Agriculture Policy Alternatives:
(1) Belville can encourage growth which does not
adversely affect agricultural production.
(2) Belville can establish a zoning ordinance with,
one -mile extraterritorial jurisdiction which will
control development of agricultural lands.
r
b. Policy Choice:
(1) The Town of Belville will adopt a zoning
ordinance and establish a one -mile extra-
territorial area.
c. Implementation:
(1) The Town of Belville will adopt a zoning �.
ordinance in FY1990. Establishment of an
extraterritorial jurisdiction area will be
closely coordinated,with Brunswick County.
2. Commercial Forestry
There are no commercial forest lands in Belville.
However, the Town does support commercial forestry as a
major natural and economic resource in Brunswick County.
3. Mining Resource Areas
The Town of Belville does not possess mineable resources
such as peat or phosphate.
25

4. Commercial and Recreational Fisheries
The Town of Belville has adopted policies which support
the environmental protection of its shoreline and estu-
arine waters. This approach is believed to be supportive
of commercial and recreational fisheries. In addition,
the Town supports the Brunswick County Land Use Plan
policy of calling for better fisheries management and
enforcement in coastal waters.
5. Off -Road Vehicles
The use of off -road vehicles is not an issue for Belville.
However, the use of off -road vehicles on private property
is acceptable only in non -shoreline areas.
6. Residential and Commercial Land Development
I Belville is experiencing a substantial decline in both
housing and population. In. addition, the Town's commer-
cial development has deteriorated and largely appears to
be unstable. The Town supports all actions which may
increase both its residential and new commercial develop-
ment. Additionally, the Town supports actions which will
lead to improving housing quality.
! a. Residential and Commercial Land Development Policy
Alternatives:
(1) The Town of Belville may annex area(s) to expand
its residential. and commercial base.
(2) The Town may develop a redevelopment plan to
improve and upgrade its commercial property.
(3) The Town may adopt a minimum housing code to set
required standards for the quality of existing
housing.
b. Policy Choices:
(1) The Town of Belville will pursue annexation of
adjacent developed areas. Annexation action is
considered by the Town to be crucial.to survival
of Belville as a viable municipality. A commer-
cial area adjacent to old U.S. 74 (see Map 4) is
being considered for annexation. Other areas may
also be considered.
1
26

(2) The Town will encourage all commercial and
residential growth which is consistent with State
and local ordinances. A minimum housing code
will be adopted. Emphasis will be placed on
improving the condition of existing houses.
c. Implementation:
(1) The Town of Belville will prepare and adopt an
annexation plan in FY1989. An annexation action
will occur by January 1, 1990.
(2) The Town of Belville will adopt a minimum housing
code in FY1990 or 1991.
C. ECONOMIC AND COMMUNITY DEVELOPMENT POLICIES
1. Industrial Development•(Types and Locations)
The Town of Belville lacks any industrial development.
There currently is not any area of the Town suited for
industrial development. It is anticipated that annex-
ations will increase the Town's options for industrial
development and will enhance the attractiveness of the
community to industries. The Town will pursue the devel-
opment of environmentally compatible industries. The
development of incompatible land use situations will be
discouraged. The Town will oppose the development of any
industry that will adversely impact on public, semi-
public, and residential areas or the preservation of
conservation areas.
a. Industrial Policy Alternatives:
(1) The Town of Belville may annex areas suitable for
industrial development.
(2) The Town may adopt a zoning ordinance which will
establish industrial areas.
(3) The Town may develop a central sewer system
capable of servicing industrial development.
(4) The Town of Belville may actively solicit
industrial development.
b. Policy Choices:
(1) The Town of Belville will pursue the annexation
of property suitable for industrial development.
27

(2) The Town of Belville will adopt a zoning ordi-
nance which establishes industrial development
zones and will be designed to prohibit objection-
able and environmentally damaging industrial
development.
(3) The Town of Belville will work with and support
the industrial development efforts of Brunswick
County. The Town will support the industrial
development policies contained in the Brunswick
County Land Use Plan.
C. Implementation:
(1) In FY1990, the Town of Belville will adopt a
zoning ordinance which establishes industrial
zones and will be designed to prohibit objection-
able and environmentally damaging industrial
development.
(2) The Town of Belville will continuously pursue
annexation of lands having industrial development
potential and perpetually support the Brunswick
County industrial development efforts.
' (3) The Town of Belville will pursue community devel-
opment grants and economic development grants to
aid in attracting industrial development to the
Town.
2. Local Commitment to Service Provisions
1 The Town of Belville is committed to obtaining a full com-
plement of services for its residents and businesses. The
Town believes the provision of central water service by
Brunswick County is adequate. The provision of central
sewer service will be the number one priority for the
Town. Secondly, the Town will investigate improving its
solid waste collection services. Anticipated annexation
by the Town will further emphasize the need for the provi-
sion of central sewer service and improved solid waste
collection services. Growth of the Town will also
increase the need for the provision of Town -financed
police protection. Existing fire protection, health
services, social services, library services, and recre-
ational facilities appear to be adequate within the vicin-
ity of the Town. The Town will consider the provision of
additional services so long as the tax rate does not
■ become burdensome to the Town's residents and businesses.

3.
a.
0
c.
Local Commitment to Service Provisions Policy
Alternatives:
(1) Pursue the development of central sewer service.
(2) Pursue the expansion of Town -provided services as
annexations occur.
(3) Discourage the development of any additional
services other than central sewer service.
(4) Provide full services to annexed areas within one
year following annexation.
Policy Choices:
(1) The.Town of Belville will immediately pursue the
construction of a central sewer system.
(2) The Town of Belville will develop a capital.
improvements and general service long-range plan
for existing and proposed areas of Belville.
(3) The Town of Belville will pursue the establish-
ment of Town -financed police services at the
earliest feasible date.
(4) Full services will be extended to all annexed
areas.
Implementation Schedule:.
(1) The Town of Belville will continously pursue
improvements to the provision of services to its
residents and businesses. A capital improvements
plan will be developed and adopted by FY1991.
Desired Urban Growth Patterns
The Town of Belville supports controlled urban growth.
The Town supports the concept of County zoning, partic-
ularly in the northern area of the County surrounding the
Town. Because of the increasing density of development in
northern Brunswick County, the Town must closely coordi-
nate its planning with Brunswick and New Hanover counties
and adjacent unincorporated communities. The Town's loca-
tion at the junction of two major highways offers poten-
tial for growth and development. However, this situation
also demands careful control of development. The Town
will emphasize transportation planning as it considers
proposals for development.
29 ..

a. Urban Growth Patterns Policy Alternatives:
(1) The Town could discourage "strip" commer-
cialization.
(2) The Town could actively participate in the
Wilmington Area -Wide Transportation Planning
process. (The Town is currently represented by
jBrunswick County.)
(3) The Town could adopt a zoning ordinance and
establish an area of extraterritorial juris-
diction with controls to prohibit strip commer-
cialization.
b. Policy Choices:
(1) The Town of Belville will adopt a zoning ordi-
nance sensitive to controlling "strip commercial-
ization."
(2) The Town of Belville, represented by the Mayor,
will actively participate in the Wilmington
Area -Wide Transportation Planning process.
c. Implementation:
(1) The Town of Belville will adopt a zoning
ordinance in FY1990. Establishment of an
extraterritorial jurisdiction area will be
closely coordinated with Brunswick County.
(2) The Town will immediately pursue participation in
the Wilmington Area -Wide Transportation Planning
process.
4. Redevelopment of Developed Areas
The major redevelopment need in Belville lies in the
i commercial areas. The Town supports commercial redevelop-
ment. Businesses will be encouraged to improve appear-
ances and reduce signage.
a. Redevelopment Policy Alternatives:
(1) The Town could establish a community appearance
commission.
(2) The Town of Belville could adopt a zoning
ordinance designed to reduce signage.
(3) The Town of Belville could pursue State and
Federal grant funds to assist with revitalization
of commercial areas.
30

b. Policy Choices:
(1) The Town of Belville will adopt a zoning ordi-
nance with special emphasis on reducing signage.
(2) As appropriate, the Town will pursue State and
Federal grant funds to assist with the
revitalization of commercial areas.
c. Implementation:
(1) The Town of Belville will adopt a zoning
ordinance in FY1990. Establishment of an
extraterritorial jurisdiction area will be
closely coordinated with Brunswick County. r
5. Commitment to State and Federal Programs
The Town of Belville is receptive to State and Federal
programs, particularly those which provide improvements to
the Town. The Town will attempt to identify and support
those programs which are consistent with its stated
policies and notify the State and Federal officials of any
areas of land use policy incompatibility.
6. Assistance to Channel Maintenance
7.
LIM
This issue does not currently apply to the Town of
Belville. However, the Town will encourage channel
improvements in the Brunswick River, but will not provide
local funds for channel improvements.
Energy Facilities Siting
In some coastal communities, the siting or location of
energy facilities relates to either peat mining or phos-
phate mining, or off -shore oil exploration. There are
none of these resources within the Town of Belville.
However, the Town will not support the policy of oil being
offloaded in the Cape Fear River because of the possible
contamination of the Brunswick River in case of a spill.
Tourism and Beach and Waterfront Access
Tourism does not provide a direct benefit to or impact on
the Town of Belville. However, tourism is of major impor-
tance to the Brunswick County economy. Much traffic
passes through Belville enroute to tourist attractions
located elsewhere in Brunswick County. This causes a
seasonal "spin-off" benefit which is important to
Belville's economy. Therefore, the Town supports the
following policy statement contained in the Brunswick
County Land Use Plan:
31

"The beaches and waterfronts of Brunswick County are its
single greatest economic attraction. Maximum access to
these areas is critical. The County only has a very
small amount of beach under its direct jurisdiction
(Baptist Assembly Ground). Most of the County's beaches
are under the jurisdiction of incorporated beach munici-
palities. There is concern that the County's beaches
and waterfront need to remain highly accessible in order
to facilitate new growth in tourism.
Policy:
Brunswick County supports and encourages efforts to
provide reasonable public access to the beaches and
coastal waterfronts.
Implementation:
(1) Brunswick County will participate in State Beach
Access programs."
The Town of Belville supports the development of environ-
mentally sound boat ramps, piers, docks and bulkheads
which meet state and federal permit requirements.
9. Density of Development
As documented throughout this plan, the Town of Belville
is losing population, housing, and some commercial devel-
opment. Density of development is not an issue or
problem. The reverse is the Town's concern. Without
population and commercial growth, the Town will decline
and possibly lose its ability to function as a municipal-
ity. The Town of Belville will aggressively pursue
annexation in order to increase its population base and
development opportunities. Annexation studies will be
utilized to ensure the provision of adequate services for
expansion areas. The zoning ordinance, when adopted in
FY1990, will provide density controls for development.
10. Land Use Trends
The following summarizes the "predominate land use trends
in the Town of Belville:
-- Stagnant residential development
-- Increasing "strip" commercialization
-- Deterioration of commercial areas
-- A developing pattern of incompatible land uses
The Town of Belville is located in a rapidly developing
area. Development in areas adjacent to the Town will
rapidly occur at increasing density. The Town will
support both comprehensive planning and the adoption of
land use controls.
32

D. CONTINUING PUBLIC PARTICIPATION POLICIES
Belville recognizes that an important element in developing
and implementing any local policies or plans regarding the use
of land in the Town is involvement of the Town's citizenry.
From the initial stages of development of this CAMA Land Use
Plan, Belville has sought to provide open opportunities for
citizen input. A "Public Participation Plan" was developed
for the plan process, outlining the methodology for citizen
involvement. The plan is attached as Appendix III.
Throughout the plan development process, the Board of Commis-
sioners were actively involved. A series of meetings, or
"working sessions," were held. All of these meetings were
open to the public. Specifically, work sessions and/or
meetings were held on the following dates: October 18, 1988;
December 12, 1988; January 17,,1989; February 21, 1989 and
March 21, 1989.
The final draft plan, prior to submission to the CRC, was
presented to the Town Board of Commissioners on May 16, 1989.
Following submittal of the draft plan, a public information
meeting for review of the proposed plan was held. A notice of
the public meeting was published in the Wilmington Star News,
and typed notices of the meeting were prominently posted about
Town and in the Municipal Building. Citizen input will con-
tinue to be solicited by the Board of Commissioners through
advertised and adequately publicized public meetings held to
discuss special land use issues, and to keep citizens
informed.
A public hearing on the final Land Use Plan was conducted by
the Belville Board of Commissioners on November 21, 1989. A
notice of the public meeting was published in the Wilmington'
Star News thirty days prior to the hearing.
Another important element in developing plans and policies is
intergovernmental coordination. This plan has been developed
to coordinate with local, State, and Federal requirements.
See Section V - Intergovernmental Coordination - on Page 43.
33

E. STORM HAZARD MITIGATION, POST -DISASTER RECOVERY,
AND EVACUATION PLANS
Policy Statements: Storm Hazard Mitigation
1. In order to minimize the damage potentially caused by the
effects of a hurricane or other major storm, Belville proposes
the following policies:
High Winds
Belville supports enforcement of the N.C. State Building
Code. The Town will support enforcement of the State
Building Code on wind resistant construction with design
standards of from 120 to 150 mph wind loads.
Flooding
Belville is not an active participant in the National Flood
Insurance program and is supportive of hazard mitigation
elements. Belville will pursue enrollment in the program
and.development of a Flood Damage Prevention Ordinance. The
base flood elevation, to be set out in the ordinance, should
be at least 10 NGVD. Belville also supports continued
enforcement of the CAMA and 404 wetlands development permit
processes in areas potentially susceptible to flooding.
Implementation: Storm Hazard Mitigation
1. Belville will support the standards of the State
Building Code.
2. The Town will continue to support enforcement of State
and Federal programs which aide in mitgation of hurri-
cane hazards, including CAMA and the U.S. Army Corps of
Engineers 404 permit process, FEMA, as well as local
ordinances such as zoning and flood damage prevention
regulations.
2. Post -Disaster Reconstruction Plan
Belville recognizes that in the event of a major storm, it
will be very important to have a general recovery and recon-
struction plan. This section of the Land Use Plan will
address this issue.
a. Appointment of a "Post -Disaster Recovery Team"
In the event of a major storm having direct impact on
Belville, when evacuation orders are issued the Mayor
shall appoint a "Post -Disaster Recovery Team." The total
team may consist of the following:
1 34

1. Mayor
2. Leland Volunteer Fire Department representative
3. Town Board of Aldermen members
The Mayor will serve as the team leader. The base of
operations will be the Emergency Operations Center (EOC)
designated by the governing body. The Post -Disaster
Recovery Team will be responsible for the following:
1. Establishing an overall restoration schedule.
2. Setting restoration priorities.
3. Determining requirements for outside assistance and
requesting such assistance when beyond local
capabilities.
4. Keeping the appropriate County and State officials
informed and coordinate with the Brunswick County
"Post -Disaster Recovery Team."
5. Keeping the public informed.
6. Assembling and maintaining records of actions taken
and expenditures and obligations incurred.
7. Proclaiming a local "state of emergency" if
warranted.
8. Commencing and coordinating cleanup, debris removal
and utility restoration which would include
coordination of restoration activities undertaken by
private utility companies.
9. Coordinating repair and restoration of essential
public facilities and services in accordance with
determined priorities.
10. Assisting private businesses and invididual property
owners in obtaining information on the various types
of assistance that might be available to them from
Federal and State agencies.
b. Immediate Clean-up and Debris Removal
As soon as practical after the storm, the Post -Disaster
Recovery Team will direct appropriate Town personnel and,
as necessary, request State and/or Federal assistance to
begin clearing fallen trees and other debris from the
Town's roads and bridges. Assistance of the NCDOT will be
requested.
35

c. Long -Term Recovery/Restoration
The Post -Disaster Recovery Team will be responsible for
overseeing the orderly implementation of the recon-
struction process after a major storm or hurricane in
accordance with the Town's land use regulations and
policies.
Damage Assessments
Damage assessments will be necessary to determine as
quickly as possible a realistic estimate of the amount
of damage caused by a hurricane or major storm.
Information such as the number of structures damaged,
the magnitude of damage, and the estimated total
dollar loss will need to be developed.
As soon as practical after the storm, i.e., clearance
of major roadways, the Post -Disaster Recovery Team
Leader shall set up a Damage Assessment Team (DAT)
consisting of a Brunswick County Building Inspector,
the Town's Zoning Administrator (if zoning has been
established), a local realtor or building contractor,
and appropriate personnel from the Brunswick County
Tax Department. The DAT will immediately begin to
make "windshield" surveys of damaged structures to
initially assess damages and provide a preliminary
dollar value of repairs or replacement. The following
general criteria shall be utilized:
1. Destroyed (repairs would cost more than 80 percent
of value).
2. Major (repairs would cost more than 30 percent of
the value) .
3. Minor (repairs would.,cost less than 30 percent of
the value, but the structure is currently uninhab-
itable) .
4. Habitable (some minor damage, with repairs less
than 15 percent of the value).
Each damage assessment will be documented according to
Brunswick County tax records. Also, Town records may
be used for identification purposes. The total esti-
mated dollar value of damages will be summarized and
reported to the Post -Disaster Recovery Team Leader.
1 36

Reconstruction Development Standards
Developed structures which were destroyed or sustained
"major damage" and which did not conform to the Town's
building regulations, zoning ordinances, and other
storm hazard mitigation policies, i.e., basic measures
to reduce damage by high winds, flooding, wave action
or erosion, must be repaired or redeveloped according
to those policies. In some instances, this may mean
relocation of construction, or no reconstruction at
all. All structures suffering major damage will be
repaired according to the State Building Code and Town
Flood Damage Prevention Ordinance (if one has been
adopted). All structures suffering minor damage,
regardless of location, will be allowed to be rebuilt
to the original condition prior to the storm.
Development Moratoria
Because of the possible extensive damage caused by a
major storm, it may be necessary for the Town to
prohibit all redevelopment activities for a certain
period of time after a storm. This "moratorium" could
allow the town time to carefully assess all damage in
view of existing policies, building regulations, and
ordinances, in order to help determine whatever exist-
ing policies, etc., should be revised to mitigate
similar damage from future storms. The intent of such
a moratorium would be to learn all the lessons possi-
ble and try and determine what steps and precautions
the Town can take in rebuilding so as not to suffer
damage to the same extent. If a moratorium is estab-
lished, the time frame will be commensurate with the
extent of the damage. The actual time frame will be
established by the Board of Commissioners.
Repair/Reconstruction Schedule
The following schedule of activities and time frame
are proposed with the realistic idea that many factors
of a hurricane may render the schedule infeasible.
Activity
- Complete and Report Damage
Assessments
- Begin Repairs to Critical
Utilities and Facilities
37
Time Frame
Two weeks after
storm
As soon as possible
after storm

- Permitting of Reconstruc- After a 90-day
tion activities for all moratorium, and
damaged structures ("minor" completion of all
to pre -storm original assessments
status, "major" or
"destroyed" to State
Building Code and hazard
mitigation standards
Repair and Replacement of Public Utilities
The Town of Belville does not operate any public util-
ities. The Town will develop a policy governing the
replacement of electric utilities. In FY 1989-1990,
the Town will develop a zoning ordinance which may
include some controls addressing the placement of
public utilities.
38

SECTION III: LAND CLASSIFICATION SYSTEM
The land classification system provides a uniform way of looking
at how the planned use of land interacts with environmentally -
sensitive areas and with the development of a town. It is not a
strict regulatory device. The system is more of a tool to aide in
understanding relationships between various land use categories
and how these relationships help shape local policy. The
regulations for the Coastal Area Management Act state:
"The land classification system provides a framework to
be used by local governments to identify the future use
of all lands. The designation of land classes allows
the local government to illustratetheirpolicy state-
ments as to where and to what density they want growth
to occur, and where they want to conserve naturaland
cultural resources by guiding growth." (7B.0204) (b)
There are five general land use classifications under CAMA regula-
tions: Developed, Transition, Community, Rural, and Conservation.
In applying the land classification system, Belville should give
careful consideration to how, where and when certain types of, and
intensity of, development will be either encouraged or discour-
aged. The following is a brief summary of the five broad classi
fications as contained in the CAMA rules:
"Urban land uses and higher intensity uses which
presently require the traditional urban services should
be directed to lands classified developed. Areas devel-
oping or anticipated to develop at urban densities which
will eventually require urban services should be
directed to lands classified transition. Low density
development in settlements which will not require sewer
services should be directed to areas classified as -
community. Agriculture, forestry, mineral extraction
and other similar low intensity uses and very low den-
sity, dispersed residential uses should be directed to
lands classified rural. Generally, public or private
water or sewer systems will not be provided in areas
classified rural as an incentive for intense develop-
ment." (7B.0204) (c)
The five land classifications and Land Classification Map are
intended to serve as a graphic definition of the policies previ-
ously stated in Section II. The map which depicts these classi-
fications should be as flexible as the policies that guide them.
Of the stated five land classifications, only three, Developed,
Transition, and Conservation, are applicable to Belville (see
Map 3, Land Classification Map).
39

These three land use classifications, as they will be applied in
Belville, are identified and defined below. I
A. DEVELOPED
The developed class of land use provides for continued inten-
sive development and redevelopment of existing towns. Areas
to be classifed as "developed" include lands currently devel-
oped for urban purposes or approaching a density of 500
dwellings per square mile that are provided with usual munic-
ipal or public services, police and fire protection. In
other words, such areas must currently be "urban" in char-
acter, i.e., have mixed land uses such as residential,
commercial, industrial and institutional, or other uses at
high to medium densities.
Much of Belville's area is "marginally" developed. The Town
does not have central sewer. All areas west of N.C. 1554,
north of Jumpin Run Creek, and along S.R. 1551 are classified
as developed. Most of the area is developed for commercial
usage. A large portion of the developed land is utilized
by the N.C. Department of Transportation as a storage yard
and has only minor structural improvements
B. TRANSITION
Transition land is classified as those lands providing for
future intensive urban development within the ensuing ten
years on lands that are most suitable and that will be
scheduled for provision of necessary urban utilities and
services (whether from public or private sources). They may
also provide for additional growth when additional lands in
the developed class are not available or when they are
severely limited for development.
Lands classified "transition" may include:
1. Lands currently having urban services;
2. Lands necessary to accommodate the population and
economic growth anticipated within the planning juris-
diction over the next five to ten years;
3. Areas which are in, or will be in, a "transition" state
of development; i.e., going from a lower intensity to a
higher intensity of uses, and will eventually require
urban services.
40

Transition lands must further:
1. Be served or be readily served by public water, sewer,
and other urban services including public streets; and
2. Be generally free of severe physical limitations for
urban development. .
The "transition" class should not include:
1.. Lands of high potential for agriculture, forestry, or
mineral extraction, or land falling within extensive
rural areas being managed commercially for these uses,
when other lands are available;
2. Lands where urban development might result in major or
irreversible damage to important environmental, scien-
tific, or scenic values; or,
3. Land where urban development might result in damage to
natural systems or processes of more than local concern;
and
-4. Lands where development will result in undue risk to life
or property from natural hazards or existing land uses.
Belville has limited areas classified as transition. One
area lies south of Jumpin Run Creek and southwest of
N.C..133. This area is adjacent to a wetland area classified
as conservation. The second transition area lies between
.N.C. 1554 and the Brunswick River. This area is owned by the
State and will probably remain undeveloped through the
planning period. If this area is developed, caution should
be exercised because of its location adjacent to the
Brunswick River and conservation areas. The final area lies
north of S.R. 1551 and east of the Town Hall/ABC Building.
This area is adjacent to land classified as conservation.
Caution should also be exercised in the development of this
area. In summary, there are some problems/limitations
associated with the potential development of all areas
classified as transition.
C. CONSERVATION
The final land use category for Belville is the "conserva-
tion" class, which provides for effective long-term manage-
ment of significant, limited, or irreplaceable areas. This
management may be needed because of its natural, cultural,
recreational, productive, or scenic values. This class
should be limited to lands that contain: major wetlands;
essentially undeveloped shorelines that are unique, fragile,
or hazardous for development; for providing necessary habitat
conditions; publicly owned water supply watersheds and
aquifers.
41

Q
In Belville, the environmentally -sensitive areas identified
as Areas of Environmental Concern (AECs) are coastal
wetlands, estuarine waters, estuarine shorelines and "404"
wetlands. The potential "404" wetland areas lie along both
sides of N.C. 133 just northwest of the intersection with
N.C. 1554. Other conservation areas consist of marsh and
estuarine shoreline areas along the Brunswick River. The
areas along N.C. 133 are not considered a significant natural
resource. The marsh and estuarine shoreline areas are
considered extremely significant and worthy of protection
from development. The Town concurs with conservation use
standards as set forth in NCAC Section 15, Subchapter 7H and
with applicable Federal 11404" standards. However, industrial
development shall not be permitted in the conservation
class.
LAND CLASSIFICATION SUMMARY
The proposed classification of land, according to the levels
of intensity and provision of public services in Belville,
were presented in parts A. through C., above. These classi-
fications relate directly -to the "policy statements" con-
tained in Section II of this plan. Additional information on
the relationship between the land classification system and
policies will be presented in the following Section IV.
42
0

SECTION -IV: RELATIONSHIP OF POLICIES AND LAND CLASSIFICATIONS
As required by the Coastal Area Management Act, the Land Use Plan
must relate the policies section to the Land Classification Map
and provide some indication as to which land uses are appropriate
in each class.
A. DEVELOPED AND TRANSITION CLASSES
As mentioned in the discussion of existing conditions, the
majority of Belville is developed. The transition tracts of
land may be slowly developed within the planning period.
These are the areas where basic services such as water,
sewer, and community support services are available and/or
will be available within the planning period. The developed
and transition classes were specifically designated to accom-
modate the more intensive land uses, including residential
and commercial. Hazardous or offensive uses such as heavy
industry, land application systems, and hazardous chemical
storage facilities should not be permitted in these classes.
Policy statements in Section II addressing these classes were
primarily directed at avoiding incompatible land use and
unplanned development, and the issue of municipal services.
B. CONSERVATION CLASS
The conservation class is designated to provide for effective
long-term management of significant limited or irreplaceable
areas which include Areas of Environmental Concern. Develop-
ment in the estuarine shoreline areas should be restricted to
such uses as marine residential, commercial piers, bulkheads,
marinas, and other water -dependent uses which are judged not
to be detrimental to water quality or the overall integrity
of the environment through pollution, etc. Policy statements
under Resource Protection, and Resource Production and
Management in Section II of this plan, address the Town's
intentions under this class.
r
SECTION V: INTERGOVERNMENTAL COORDINATION
Throughout the development of this plan, effort was made to make
the policies consistent and compatible with other local, State and
Federal requirements. Development of this plan was closely coor-
dinated with the 1987 Brunswick County Land Use Plan. Implemen-
tation of the plan will likewise follow the same intergovernmental
concern.
43

APPENDIX I
N.C. DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
HOUSING NEEDS GUIDELINES
Severe
A structure is severely
deteriorated if it lacks
indoor plumbing or
electricity or if three
(3) or more of the
following conditions are
present.*
Moderate
A structure is
moderately
deteriorated if
three (3) or more
of the following
conditions are
present.**
Minor/Non-Needs
A structure is
considered to have
minor/non-needs
even if any of
the following
conditions are
present.
*If only two of three conditions are present, the structure is
moderately deteriorated. If only one is present, the structure must
either qualify under the definition of moderately deteriorated, or must
be classified as having minor/non-needs.
**Structures that do not qualify under the definition of severely
deteriorated, or under this definition must be classified as having
minor/non-needs.
1. Walls
2. Floors
3. Ceilings
4. Windows/
Doors
Severe-
Severe bulging,
leaning, large
holes or cracks,
severe buckling,
not weathertight
or rodent proof.
Large holes,
severe buckling,
noticeable
movement under
walking stress.
Severe bulging
or leaning, large
holes, not
weathertight or
rodent proof.
Severely damaged
or decayed casing
or sashes or
doors, non -
repairable fit
to casing, not
weathertight.
Moderate
Small cracks
or holes,
separation or
disfigurement
or wood
materials.
Minor/Nou-Needs
Separation or
disfigurement
of flooring,
partially dam-
aged subflooring,
girders or joists.
Cracking,
separation, or
disfigurement of
ceiling material.
Missing or non-
functional
locks, poor but
repairable fit.
Peeling or chipped
paint, no or
inadequate
insulation. .
Inadequate, loose
or worn out floor
covering.
Peeling or
chipped paint.
Cracked or broken
panes, inadequate
caulking, no storm
windows/doors,
peeling or chipped
paint.
NOTE: During the Land Use Plan housing windshield survey, housing
units meeting the "severe" or "moderate" criteria were classified
as "deteriorated" (in one severe case, "dilapidated"). Units
meeting the "minor/non-needs" criteria were classified as
+, "standard."

5. Plumbing Lack of hot or Repairable pipe NA
cold running or fixture leaks,
water, lack of malfunctioning
shower or tub, hot water heater.
nonfunctional
public or private
•disposal system,
nonrepairable
plumbing system.
6. Electrical
Less than 100 AMP
Malfunctioning
service supply
but repairable
and main discon-
outlets,
nect switch
inadequate number
capability,
of outlets.
non-functional
outlets, unsafe
'
electrical wiring
system.
7. Heating
No heating system
Defective but
or system is
repairable
unvented, system
heating system
can not heat all
which is vented,
habitable rooms
excessive leaks
and bathrooms to
in ducting system.
a minimum
temperature of 60
degree (F) under
winter conditions.
8. Foundation
Incapable of
Inadequate or
supporting normal
no foundation
use load, major
vents, minor
.deterioration of
damage to wood
wood support
support members,
members, unstable
missing or
supports subject
repairable
to movement,
foundation wall.
severe leaning.
9. Roof
Major sagging or
Rusted tin,
structurally
loose or cured
unsound, large
shingles, leaking,
cracks or holes,
minor sagging.
roof supports
incapable of
supporting normal
roofing load.
NA
NA
Foundation wall
requires painting
or stuccoing.
NA

10. Exterior
Severe leaning or
Patches of loose Chipped or
Walls
buckling, large
missing siding. peeling paint,
holes or cracks,
minor
major deterior-
deterioration
ation to wood
of wood siding.
siding, not
weathertight.
11. Chimneys
Severely leaning,
NA NA
missing bricks or
essential parts,
holes in exhaust
system.
12, Stairs/
Unstable,
Loose or non- Peeling or chip -
Porches/
incapable of
secure steps, ped paint.
Stoops
supporting
lack of hand -
normal load, major
rails for exterior
deterioration of
stairs with four
wood members,
or more risers,
severe cracking
missing or
or separation of
non -secure wood
concrete.
members, abnormally
uneven or worn
surface.
13. Grounds
NA
NA Poor drainage,
excessive debris,
vector or rodent
infestation,
heavy undergrowth
or noxious weeds.
b. Water/
Each dwelling unit in the project area must be classified
Sewer
in terms of its water/sewer service.
Severe Needs - Units
with no water/sewer service or units
having contaminated wells or failing septic tanks.
Moderate Needs - Units served by inadequately sized or
poorly functioning lines or other poorly functioning
services, units with
septic tanks that fail periodically.
Minor/Non-Needs -.Units served by adequate water/sewer.
service; units served by water/sewer service needing
r
routine maintenance.

APPENDIX II
NRCD - COASTAL MANAGE1fEYT T1S: 07H .0200
i
1
mw AECs NNTMEN THE ESTUARLNT- SYSTEIf
The following regulations in this Section define each AEC within the estuarine system, describe its
significance, articulate the policies regarding development, and state the standards for development
within each AEC.
History Note: Statutory Authority GS.113A-107(a); 113A-107(b); IIJA-124;
Eff. September 9, 1977.
.0205 COASTAL. NYETLkNDS
(a) Description. Coastal wetlands are defined as any salt marsh or other marsh subject to regular
or occasional flooding by tides, including wind tides (whether or not the tide waters reach the marshland
areas through natural or artificial watercourses), provided this shall not include hurticaae or tropical
storm tides.
Coastal wetlands contain some, but not necessarily all, of the following marsh plant species:
(1) Cord Grass (Spartina altezniflora),
(_) Black Needlerush (Juncus roemerianus),
' (3) Glassuort (Salicornia spp.),
(4) Salt Grass (Distichlis spicata),

( .VRCD - COASTAL .1fA.VAGE.NE.VT TIS: 07H .0200
(5) Sea Lavender (Limonium spp.),
(6) Bulrush (Scirpus spp.),
(7) Saw Grass (Cladium jamaicense),
(8) Cat -tail (Typha spp.),
(9) Salt Meadow Grass (Spartina patens),
(10) Salt Reed Grass (Spartina cynosuroides).
Included in this definition of coastal wetlands is such contiguous land as the Secretary of NRCD
reasonably deems necessary to affect by any such order in carrying out the purposes of this Section."
(G.S. 113-230(a)j.
(b) Significance. The unique productivity of the estuarine system is supported by detritus (decayed
plant material) and nutrients that are exported from the coastal marshlands. The amount of exporta-
tion and degree of importance appears to be variable from marsh to marsh, depending primarily upon
its frequency of inundation and inherent characteristics of the various plant species. Without the
marsh, the high productivity levels and complex food chains typically found in the estuaries could not
be maintained. .
Man harvests various aspects of this productivity when he fishes, hunts, and gathers shellfish from the
estuary. Estuarine dependent species of fish and shellfish sech as menhaden, shriatp, flounder, oysters,
and crabs currently make up over 90 percent of the total value of North Carolina's commercial catch.
The marshlands, therefore, support an enormous amount of commercial and recreational businesses
along the seacoast.
The roots, rhizomes, stems, and seeds of coastal wetlands act as good quality waterfowl and wildlife
feeding and nesting materials. In addition. coastal wetlands serve as the first line of defense in retarding
estuarine shoreline erosion. The plant stems and leaves tend to dissipate wave action, while the vast
network of roots and rhizomes resists soil erosion. In this way, the coastal wetlands serve as barriers
against flood damage and control erosion between the estuary and the uplands.
Marshlands also act as nutrient and sediment traps by slowing the water which flows over them and
( causing suspended organic and inorganic particles to settle out. In this manner, the nutrient storehouse
is maintained, and sediment harmful to -marine organisms is removed. Also, pollutants and -excessive
nutrients are absorbed by the marsh plants, thus providing an inexpensive water treatment service.
(c) Management Objective. To give highest priority to the protection and management of coastal
wetlands so as to safeguard and perpetuate their biological, social, economic and aesthetic values; to
coordinate and establish a management system capable of conserving and utilizing cgastal wetlands as
a natural resource essential to the functioning of the entire estuarine system.
(d) Use Standards. Suitable land uses shall be those consistent with the management objective in this
Rule. Highest priority of use shall be allocated to the conservation of existing coastal wetlands. Second
priority of coastal wetland use shall be given to those types of development activities that require water
access and cannot function elsewhere.
Unacceptable land uses may include, but would not be limited to, the following examples: restaurants
and businesses; residences, apartments, motels, hotels, and trailer parks; parking lots and private roads
and highways; and factories. Examples of acceptable land uses may include utility easements, fishing
piers, docks, and agricultural uses, such as fanning and forestry drainage, as permitted under North
Carolina's Dredge and Fill Act and/or other applicable laws.
In every instance, the particular location, use, and design characteristics shall be in accord with the
general use standards for coastal wetlands, estuarine waters, and public trust area described in Rule
.0208 of this Section.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(1); 113A-124,
Eff. September 9, 1977,
Amended Eff. January 24, 1978.
.0206 ESTUARLNE WATERS
(a) Description. Estuarine waters are defined in G.S. 113A- I 13(b)(2). The boundaries between in-
land and coastal fishing waters are set forth in an agreement adopted by the Wildlife Resources Com-
mission and the Department of Natural Resources and Community Development and in the most
current revision of the North Carolina Marine Fisherim Regulations for Coastal Waters, codified at 15
NCAC 3F .0200.
(b) Significance. Estuarine Nvaters are the dominant component and bonding element of the entire
estuarine system, integrating aquatic influences from both the land and the sea. Estuaries are among
n
.FORTH C.9ROLLVA ADMINISTRATIVE CODE 12112188 Page 2

1VRCD - COASTAL .NANAGE:NENT T15. 07H .0200
the most productive ,natural environments of North Carolina. They support the valuable commercial
and sports fisheries of the coastal area which are comprised of estuarine dependent species such as
menhaden, flounder, shrimp, crabs, and oysters. These species must spend all or some part of their life
cycle within the estuarine waters to mature and reproduce. Of the ten leading species in the commercial
catch, all but one are dependent on the estuary.
This high productivity associated with the estuary results from its unique circulation patterns caused
by tidal energy, fresh water flow, and shallow depth; nutrient trapping mechanisms; and protection to
the many organisms. The circulation of estuarine waters transports nutrients, propels plankton, spreads
seed stages of fish and shellfish, flushes wastes from animal and plant life, cleanses the system of pol-
lutants, controls salinity, shifts sediments, and mixes the water to create a multitude of habitats. Some
important features of the estuary include mud and sand flats, eel grass beds, salt marshes, submerged
vegetation flats, clam and oyster beds, and important nursery areas.
Secondary benefits include the stimulation of the coastal economy from the spin off operations re-
quired to service commercial and sports fisheries, waterfowl hunting, marinas, boatyards, repairs and
supplies, processing operations, and tourist related industries. In addition, _there is considerable non -
monetary value associated with aesthetics, recreation, and education.
(c) Management Objective. To give the highest priority to the conservation and management of the
important features of estuarine waters so as to safeguard and perpetuate their biological, social, aes-
thetic, and economic values; to coordinate and establish a management system capable of conserving
and utilizing estuarine waters so as to maximize their benefits to man and the estuarine system.
(d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives
in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and its
vital components. Second priority of estuarine waters use shall be given to those types of development
activities that require water access and use which cannot function elsewhere such as simple access
channels; structures to prevent erosion; navigation channels; boat docks, marinas, pig, wharfs, and
mooring pilings.
In every instance, the particular location, use, and design characteristics shall be in accord with the
general use standards for coastal wetlands, estuarine waters, and public taut areas described in Regu-
lation .0208 of this Section.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(2); 113A-14.,
Eff. September 9, 1977;
Amended Ef. .. October 1, 1988; December 1, 1985, January 24,1978.
.0207 PtiBLIC TRUST AREAS
(a) Description. Public taut areas are all waters of the Atlantic Ocean and the lands thereunder from
the mean high water mark to the seaward limit of state jurisdiction; all natural bodies of water subject
to measurable lunar tides and lands thereunder to the mean high water mark; all navigable natural
bodies of water and lands thereunder to the mean high water level or mean water level as the case may
be, except privately -owned lakes to which the public has no right of access; all water in artificially cre-
ated bodies of water containing significant public fishing resources or other public resources which are
accessible to the public by navigation from bodies of water in which the public has rights of navigation;
and all waters in artificially created bodies of water in which the public has acquired rights by pre-.
scription, custom, usage, dedication, or any other means. In determining whether the public has ac-
quired rights in artificially. created bodies of water, the following factors shall be considered:
(1) the use of the body of water by the public,
(2) the length of time the public has used the area,
(3) the value of public resources in the body of water,
(4) whether the public resources in the body of water are mobile to the extent that they can move
into natural bodies of water,
(5) whether the creation of the artificial body of water required permission from the state, and
(6) the value of the body of water to the public for navigation from one public area to another public
area.
(b) Significance. The public has rights in these areas, including navigation and recreation. In addi-
tion, these areas support valuable commercial and sports fisheries, have aesthetic: value, and are im-
portant resources for economic development.
.FORTH C.4ROL1.VA AD.1tLV7STRATII'E CODE 12112188 Page 3

NRCD - COASTAL AIANAGE.VENT TIS: 07H .0200
(c) Management Objective. To protect public rights for navigation and recreation and to preserve
and manage the public trust area so as to safeguard and perpetuate their biological, economic and ,
aesthetic value.
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives in (c)
of this Rule. In the absence of overriding public benefit, any use which significantly interferes with the
public right of navigation or other public trust rights which the public may be found to have in these
areas shall not be allowed. The development of navigational channels or drainage ditches, the use of
bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that
may be acceptable within public trust areas, provided that such uses will not be detrimental to the
public trust rights and the biological and physical functions of the estuary. Projects which would di-
rectly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit
spoils below mean high tide, cause adverse orate= cimmlation patterns, violate water quality standards,
or cause degradation of shellfish waters are generally considered incompatible with the management
policies of public trust areas. In every instants, the particular location, use, and design characteristics
shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust
areas.
History:'Tote: Statutory authority G.S.113A-107(a); 113A-107(b); 113A-113(b)(S); 113A-124,
Efj. September 4, 1977.
.0209 ESTUARl1'E SHORELLNES ,
(a) - • Rationale. As an AEC, estuarine shorelines, although characterized as dry land, are considered
a component of the estuarine system because of the dose association with the adjacent estuarine waters.
This Section defines estuarine shorelines, descrilm the significance, and articulates standards for devel-
opment.
(b) Description. Estuarine shorelines are those non -ocean shorelines which are especially vulnerable
to erosion, flooding, or other adverse effects of wind and water and are intimately connected to the es-
tuary. This area extends from the mean high water level or normal water level along the estuaries,
sounds, bays, and brackish waters as set forth in an agreement adopted by the Wildlife Resources
Commission and the Department of Vatttral Resources and Community. Development (described in
Regulation .0206(a) of this Sectionj for a distance of 75 feet landward. ,
(c) Sim ficance. Development within estuarine shorelines influent`s the quality of estuarine life and .
is subject to the damaang processes of shore front erosion and flooding.
NORTH CAROLINA ADMINISTRATIT E CODE 12112188 Page 9

:Y-RCD - COASTAL ,NANAGL•.KE.'VT T15. 07H .0200
(d) Management Objective. To ensure shoreline development is compatible with both the dynamic
nature of estuarine shorelines and the values of the estuarine system.
(e) Use Standards
(1) All development projects, proposals, and designs shall substantially preserve and not weaken or
eliminate natural barriers to erosion, including, but not limited to, peat marshland, resistant clay
' shorelines, cypress -gum protective fringe area adjacent to vulnerable shorelines.
(2) All development projects, proposals, and designs shall limit the constriction of impervious Sur-
faces and areas not allowing natural drainage to only so much as is necessary to adequately
service the major purpose or use for which the lot is to be developed. Impervious surfaces shall
not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively demon-
strate, through innovative design, that the protection provided by the design would be equal to
or exceed the protection by the 30 percent limitation.
(3) All development projects, proposals and designs shall comply with the following mandatory
standards of the North Carolina Sedimentation Pollution Control Act of 1973:
(A) All development projects, proposals, and designs shall provide for a buffer zone along the
margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of
the buffer zone nearest the land disturbing development.
(B) No development project proposal or design shall permit an angle for graded slopes or fill
which is greater than an angle which can be retained by vegetative cover or other adequate ero-
sion -control devices or structures.
(C) All development projects, proposals, and designs which involve uncovering more than one
acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of
completion of the grading; provided that this shall not apply to clearing land for the purpose of
forming a reservoir later to be inundated.
(4) Development shall not have a significant adverse impact on estuurine resources.
(5) Development shall not significantly interfere with existing public rights of access to, or use'of,
navigable waters or public resources.
(6) No major public facility shall be permitted if such facility i; likely to require extraordinary public
expenditures for maintenance and continued use, unless it can be shown that the public purpose
served by the facility outweighs the required public expenditures for construction, maintenance,
and continued use. For the purpose of this standard, "public facility" shall mean a project
which is paid for in any part by public funds. -
(7) Development shall not cause major or irreversible damage to valuable, documented historic ar-
chitectural or archaeological resources.
(8) Established common-law and statutory public rights of access to the public trust lands and wa-
ters in estuarine area shall not be eliminated or restricted. Development shall not encroach
upon public accessways nor shall it limit the intended use of the accessways.
History ,'Vote: filed as a Temporary Amendment Ef. . December 18, 1981, for a Period of
120 Days to Expire on April 15, 1982,
Statutory Authority G.S. 113A-107(b); 113A-108, 113A-113(b); 113A-124,
Eff. September 9, 1977,
Amended Eft. March 1, 1988; December 1, 1985; September 1, 1985;
`December 1, 1982.
,I .FORTH CAROLL A AD.1t1.VISTRATIVE CODE 12112188 Page 10

.
APPENDIX III
CITIZEN PARTICIPATION PLAN
PREPARATION OF LAND USE PLAN
FISCAL YEAR 1988-89
The Town of Belvil'le has received a FY88-89 Coastal Area Manage-
ment Act grant for the preparation of its initial Land Use Plan.
Adequate citizen participation in the development of that Plan is
essential to the preparation of a document responsive to the needs
of the citizens of Belville. To ensure such input, the following
Citizen Participation Program will be utilized by the Town.
The Town of Belville Town Council will be the principal point of
contact and input for the preparation of the Plan. The Council
will ensure that the final product will survey existing land use,
' identify policies, recommend strategies/actions, and identify
Areas of Environmental Concern. Emphasis will be placed on
identifying service and utility needs. Specifically, the Belville
Town Council will be responsible for ensuring accomplishment of
the following:
-- Develop an effective citizen participation process;
-- Survey and map existing land uses;
-- Identify and map AECs;
-- Develop land use policies and strategies;
-- Identify land use regulatory needs.
-- Establish a specific work plan schedule for dealing with
land use needs/problems;
-- Identify and forecast growth and development issues.
At the outset of the project, an article will be prepared for
distribution to all local newspapers. Those newspapers will be
requested to print the article which will include a proposed
schedule for completion. The following schedule will be
utilized:
1. October 18, 1988 - meet with the Town of Belville Town Council
to review the scope of work. Have the Citizen Participation
Plan adopted.
2. December 1988 - complete identification of existing land use
' problems and map of existing land uses and AECs.

3. January 1989 - continue preparation of draft Land Use Plan.
4. February 21, 1989 - present draft section of plan dealing with
existing issues and land use to the Town Council.
5. May 16, 1988 - conduct a public information meeting for review
of the proposed Plan.
6. July 1989 - submit draft of complete Land Use Plan to CRC for
review and comment.
7. September 1989 - present proposed Land Use Plan to the Town of
Belville Town Council for review and scheduling of a public
hearing.

1
1
i
1
1
1
1
1
1
1
1
1
1
1
1
1
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 197Z as
amended, which is administered by the Office of
Ocean and Coastal Resource Management, National
Oceanic and Atmospheric Administration.
t �
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JUApK CRERtM E,
LEGEND
O MINOR NON -NEED FRAM BUNT DWELLING
f) SEVERELY DETERIORATED FRAME BUILT DWELLING
Q MINOR NON -NEED MOBILE HOME
MODERATELY DETERIORATED MOBILE HOME
- DILAPIDATED MOBILE HOME
V VACANT
1•.'&°
ORMWI" MIN
10�
TOWN OF BELViLLE
HOUSING CONDITIONS
1989
MAP I
$CALF-r.zoc
roo 200 •oo

1
1
1
1
1
1
1
1
1
1
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.
LEGEND
SINGLE FAMILY RESIDENTIAL
MULTI -FAMILY RESIDENTIAL
COMMERCIAL
PUBLIC /SEMI-PUBLIC
VACANT
GOVERNMENT
u} wo• I ..16.0
iowm CREEK
anNOWX RN"
TOWN OF BELVILLE
EXISTING LAND USE
�r 1989
MAP 2
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AREA UNDER CONSIDERATION FOR ANEXATION
TOWN OF BELVILLE
AUGUST 1. 1989
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PROPOSED ANNEXATION BOUNDARY
DEVELOPED LOTS :{%• `>,Y`
MAP 4

DCM COPY " VWvrA ` DCM COPY
Please do not remove!!!!!
Division of Coastal Management Copy
1

TOWN OF BELVILLE, NORTH CAROLINA
ZONING ORDINANCE
OCTOBER, 1995
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.

' BELVILLE ZONING ORDINANCE
TABLE OF CONTENTS
t
'
............................................... .Page
Enactment Clause 1
Preamble............................................................ 1
ARTICLE 1. AUTHORITY AND ENACTMENT ................................. 3
1.1 Authority....................................................... 3
1.2 Title.......................................................... 3
1.3 Purpose....................................................... 3
1.4 Intent ............. ....................................... 3
1.5 Interpretation.................................................... 4
ARTICLE 2. GENERAL PROVISIONS ......................................
5
'
2.1 Introduction .......................................... .. ...
5
2.2 Jurisdiction.....................................................
5
2.3. Application of District Regulations ..................
2.4 Provision for Official Zoning Map ...................
5
6
2.5 Replacement of Official Zoning Map ...................................
6
'
ARTICLE 3. DEFINITION OF TERMS ................... ..... ..........
7
3.1 General........................................................
7
'
3.2 Word and Term Definitions ..........................................
7
ARTICLE 4. LOCATIONS AND BOUNDARIES OF DISTRICTS ...................
16
1 ARTICLE 5. ESTABLISHMENT OF ZONING DISTRICTS ....................... 17
' ARTICLE 6. APPLICATION OF GENERAL REGULATIONS ..................... 19
6.1 Use .......................................................... 19
6.2 Only One Main Building, One Main Use on Lot, and Orientation of a Building .... 19
' 6.3 Minimum Yards ................................................. 19
6.4 Lot Subdivision ............................ 19
6.5 Certificate of Occupancy ........................................... 19
ARTICLE 7. DISTRICT REGULATIONS .................................... 20
' 7.1 Table of Permitted Uses ........... 20
...................................
,
7.2 Notes to the Table of Permitted Uses ............................29
' ARTICLE 8. TABLE OF AREA, YARD AND HEIGHT REQUIREMENTS....... 32
8.1 Notes to the Table of Area, Yard and Height Requirements .. 33

Page 1
ARTICLE 9. PLANNED BUILDING GROUP REGULATIONS ............... 35
9.1 Planned Building Group Regulations for Apartments and Condominiums . 35
9.2 Manufactured Home Park Regulations ........................ 36
9.3 Minimum Requirements for Manufactured Homes ................ 36
9.4 Business Planned Building Group Regulations .................. 38
ARTICLE 10. SPECIAL USES .................................. 40
10.1 Objectives and Purpose ................................. 40
10.2 Procedure for Special Use Permits Approved by the Planning Board ... 40
10.3 Regulations for Special Uses .............................. 42
ARTICLE 11. OFF-STREET PARKING AND OFF-STREET
LOADING REQUIREMENTS .......................... 50
11.1 General Regulations .................................... 50
11.2 Parking Ratios ......................................... 51
SECTION 12. SIGN REGULATIONS ..............................
53
12.1
General Regulations ....................................
53
12.2
Projecting Signs and Devices ..............................
54
12.3
Area Computation .....................................
54
12.4
Sign Illumination ......................................
54
12.5
Conditional Setback ....................................
55
12.6
Multi -Family Development Identification Sign Regulations ...........
55
12.7
Permanent Subdivision Sign Regulations ......................
55
12.8
Signs Not Requiring a Permit from the Town Clerk ...............
55
12.9
Outdoor Advertising Signs ................................
57
12.10
Public Service Information Signs ...........................
57
12.11
Business Identification Signs ..............................
57
ARTICLE 13. NONCONFORMING SITUATIONS ......................
59
13.1
Definitions ..........................................
59
13.2
Continuation of Nonconforming Situations and Completion
of Nonconforming Projects ...............................
60
13.3
Nonconforming Lots ........... .......................
60
13.4
Extension or Enlargement of Nonconforming Situations ............
60
13.5
Change in Kind of Nonconforming Use .......................
63
13.6
Abandonment or Discontinuance of Nonconforming Situations ........
63
13.7
Termination of Nonconforming Situations .....................
64
13.8
Completion of Nonconforming Projects .......................
64

1
Page
ARTICLE 14. VESTED RIGHT PROVISIONS ........................
67
1
14.1
Purpose ............................................
67
14.2
Establishment of a Zoning Vested Right ......................
67
1
14.3
Approval Procedures and Approval Authority ...................
68
14.4
Duration
69
14.5
Termination ..........................................
69
1
14.6
Voluntary Annexation ...................................
70
14.7
Limitations ..........................................
70
'
14.8
Repealer ............................................
70
ARTICLE 15. CERTIFICATE ISSUANCE ...........................
71
1
15.1
Zoning Certificate .....................................
71
15.2
Certificate of Occupancy/Compliance
71
15.3
Penalties for Violation ...................................
71
ARTICLE 16. BOARD OF ADJUSTMENT
1
16.1
16.2
Composition of the Board of Adjustment Pursuant to N.C.G.S. 160A-388
Jurisdiction of the Board of Adjustment ......................
72
72
16.3
Rules for Proceedings of the Board of Adjustment ...............
72
1
16.4
Powers of the Board of Adjustment .........................
73
16.5
Appeal to the Board of Adjustment ..........................
74
16.6
Appeal From Decision of the Board of Adjustment ...............
74
1
ARTICLE 17. AMENDMENT PROCEDURE .........................
75
1
17.1
Amendment by Own Motion ..............................
75
17.2
Amendment by Petition
75
17.3
Protest to Amendment ..................................
75
1
ARTICLE 18. LEGAL STATUS PROVISIONS ........................
76
1
18.1
18.2
Validity ............................................
Effective Date
76
76
........................................
1
-
n
11

ZONING ORDINANCE
' OF THE
TOWN OF BELVILLE, NORTH CAROLINA
ENACTMENT:
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS
FOR THE TOWN OF BELVILLE, NORTH CAROLINA, AND PROVIDING FOR THE
ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, IN ACCORDANCE
WITH THE PROVISIONS OF NORTH CAROLINA GENERAL STATUTES 160A, ARTICLE
' 19 PART 3 (160A-381), AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT
HEREWITH.
' PREAMBLE:
WHEREAS, the General Statutes of North Carolina empowers the Town of
' Belville to enact a zoning ordinance and to provide for its administration, enforcement,
and amendment, and
' WHEREAS, the Board of Commissioners deems it necessary for the purpose of
promoting the health, safety, morals, or general welfare of the town to enact such an
ordinance, and
' WHEREAS, the Board of Commissioners has appointed a Planning Board to
recommend the boundaries of the various original districts and appropriate regulations
' to be enforced therein, and
WHEREAS, the Planning Board has divided the town into districts and has
' prepared regulations pertaining to such districts in accordance with the town's land
use plan designed to lessen congestion throughout the town; to secure safety from
fire, panic, and other dangers; to promote health and the general welfare; to provide
' adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements, and

WHEREAS, the Planning Board has given reasonable consideration, among other
things, to the character of the districts and their peculiar suitability for particular uses,
with a view to conserving the value of buildings and encouraging the most appropriate
use of land throughout the town, and
WHEREAS, the Board of Commissioners has given due public notice of hearings
relating to zoning districts, regulations, and restrictions, and have held such public
hearings, and
WHEREAS, all requirements of the General Statutes of North Carolina with
regard to the preparation of the report of the Planning Board and subsequent action
of Board of Commissioners has been met;
NOW THEREFORE BE IT ORDAINED BY THE TOWN OF BELVILLE, NORTH
CAROLINA, AS FOLLOWS:
2

ARTICLE I. AUTHORITY AND ENACTMENT
1.1 Authority
This ordinance is adopted under the authority granted by Chapter 160A, Article
19, Part 3 of the North Carolina General Statutes and Amendments thereto. The
Board of Commissioners of the Town of Belville, North Carolina, does ordain as
follows:
1.2 Title
This ordinance shall be known as, referred to, and cited as the "ZONING
ORDINANCE, TOWN OF BELVILLE, NORTH CAROLINA" and hereinafter referred to as
the "ordinance".
1.3 Purpose
The purpose of this ordinance is to promote the health, safety, morals, and
general welfare of the Town of Belville, North Carolina.
1.4 Intent
It is the general intent of this ordinance to:
1. Regulate and restrict the use of all structures and lands within the town
limits of the Town of Belville.
2. Regulate and restrict lot coverage, population density and distribution,
and the location and size of all structures within the town limits of the
Town of Belville.
3. Regulate development so as to accomplish the following:
a) Secure Safety from fire, flooding, panic and other dangers;
b) Provide Adequate light, air, sanitation, drainage;
c) Further the Appropriate use of land, and conservation of natural
resources;
d) Obtain the Wise Use, conservation, development, and protection
of the town's water, soil, woodland, and wildlife resources and
attain a balance between land uses and the ability of the natural
resource base to support and sustain such uses;
3

e) Prevent Overcrowding, and avoid undue population concentration
and urban sprawl;
f) Stabilize and Protect the natural beauty and property values.
g) Lessen Congestion in and promote the safety and efficiency of the
streets and highways.
h) Facilitate the Adequate provision of public facilities and utilities;
j) Preserve Natural Growth and Cover and promote the natural
beauty of the community.
1.5 ' Interpretation
In interpreting and applying the provisions of this ordinance, those provisions
shall be held to be the minimum requirements for the promotion of the public
safety, health, convenience, prosperity, and general welfare. It is not intended
by this ordinance to interfere with or abrogate or annul any easements,
covenants or other agreements between parties; provided, however, that where
this ordinance imposes a greater restriction upon the use of buildings or
premises, or upon the height of buildings, or requires larger open spaces than
are imposed or required by other ordinances, rules, regulations, or by
easements, covenants or agreements, the provisions of this ordinance shall
govern. Likewise, where other ordinances, easements, covenants or other
agreements impose additional or greater restrictions than those regulations set
forth herein, the more restrictive regulations shall have precedence.
0

IARTICLE 2.
' 2.1 Introduction
GENERAL PROVISIONS
' The proper regulation of the use of certain structures, lands and water, only
through the use of the zoning districts contained within this ordinance, is neither
feasible nor adequate. Therefore, the following restrictions and regulations, which
' shall be applied in addition to the district regulations, are necessary to accomplish the
intent of this ordinance.
2.2 Jurisdiction
The provisions of this ordinance shall apply to all structures, land, water, and
' air within the jurisdiction of the Town of Belville, North Carolina.
2.3 Application of District Regulations
' The regulations set by this ordinance within each district shall be minimum
regulations and shall apply uniformly to each class or kind of structure or land, except
' as hereinafter provided.
1. No building, structure, or land shall hereafter be used or occupied, and
' no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved, or structurally altered except in
' conformity with all of the regulations herein specified for the district in
which it is located.
' 2. No building or other structure shall hereafter be erected or altered:
a) to exceed the height or bulk;
b) to accommodate or house a greater number of families;
' c) to occupy a greater percentage of lot area;
d) to have narrower or smaller rear yards, front yards, side yards, or
other open spaces than herein required, or in any other manner be
contrary to the provisions of this ordinance.
' 3. No part of a yard, or other open space required about or in connection
with any building for the purpose of complying with this ordinance, shall
be included as part of a yard, or open space similarly required for any
' other building.

4. No yard or lot existing at the time of passage of this ordinance shall be
reduced in dimension or area below the minimum requirements set forth
herein. Yards or lots created after the effective date of this ordinance
shall meet at least the minimum requirements established by this
ordinance.
2.4 Provision for Official Zoning Map,
Official Zoning Map - The Town of Belville is hereby divided into zones, or
districts, as shown on the Official Zoning Map which, together with all explanatory
matter thereon, is hereby adopted by reference and declared to be a part of this
ordinance. The Official Zoning Map shall be identified by the signature of the Mayor
of the Town of Belville, attested by the Town Clerk, and bearing the seal of the Town.
No changes of any nature shall be made on the Official Zoning Map or matter shown
thereon except in conformity with the procedures set forth in this ordinance.
Regardless of the existence of copies of the Official Zoning Map which may from time
to time be made or published, the Official Zoning Map located in the Town of Belville
Building Inspector's Office shall be the final authority as to the current zoning status
of land and water areas, buildings, and other structures in the town.
2.5 Replacement of Official Zoning Mae
In the event that the Official Zoning Map becomes damaged, destroyed, lost,
or difficult to interpret because of the nature or number of changes and additions, the
Board of Commissioners may by resolution adopt a new Official Zoning Map which
shall supersede the prior Official Zoning Map. The new Official Zoning Map may
correct drafting or other errors or omissions in the prior Official Zoning Map, but no
such correction shall have the effect of amending the original Official Zoning Map.
The new Official Zoning Map shall be identified by the signature of the Mayor of the
Town of Belville, attested by the Town Clerk, and bearing the seal of the Town of
Belville. Unless the prior Official Zoning Map has been lost, or has been totally
destroyed, the prior map or any significant parts thereof remaining shall be preserved,
together with all available records pertaining to its adoption or amendment.
L

IARTICLE 3.
1 3.1 General
DEFINITION OF TERMS
' For the purpose of interpreting this ordinance, certain words and terms used are
defined in this section. Except as defined in this section, all other words used in this
ordinance shall have their standard dictionary definition. For general interpretation,
' the following shall apply in all uses and cases in this ordinance:
1. The present tense includes the future tense, and the future tense
includes the present tense.
2. The singular number includes the plural number, and the plural number
includes the singular number.
3. The word "may" is permissive, and the word "shall" is mandatory.
4. The word "person" includes a firm, association, organization,
partnership, trust, company or corporation, as well as an individual.
5. The words "used" or "occupied" include the words "intended, designed,
or arranged to be used or occupied." .
3.2 Word and Term Definitions
Accessory Use or Structure - A use or a structure on the same lot with, but of a
nature customarily incidental and subordinate to, the principal use or structure.
Adult Arcade - An establishment where, for any form of consideration, one or more
motion picture projectors, slide projectors, or similar machines for viewing by five or
fewer persons each are used to show films, motion pictures; video cassettes, slides,
or other photographic reproductions that are characterized by an emphasis upon the
depiction or description of specified sexual activities or specified anatomical areas.
Adult Bookstore - An establishment that has as a substantial portion of its stock -in -
trade and offers for sale, for any form of consideration, any one or more of the
following: 1) books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, video cassettes, slides, or other visual representations that are
characterized by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas; or 2) instruments, devices, or paraphernalia
that are designed for use in connection with specified sexual activities.
' Adult Cabaret- A nightclub, bar, restaurant, or similar establishment that regularly
features live performances that are characterized by the exposure of specified
' anatomical areas or by specified sexual activities, or films, motion pictures, video
cassettes, slides, or other photographic reproductions in which a substantial portion

of the total presentation time is devoted to the showing of material that is
characterized by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.
Adult Motion Picture Theater - An establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic reproductions
are shown, and in which a substantial portion of the total presentation time is devoted
to the showing of material characterized by an emphasis on the depiction or
description of specified sexual activities or specified anatomical areas.
Adult Theater - A theater, concert hall, auditorium, or similar establishment
characterized by activities featuring the exposure of specified anatomical areas or by
special sexual activities.
Alley - A roadway easement which affords only a secondary means of access to
abutting property and not intended for general traffic circulation.
Alter - To make any structural changes in the supporting or load -bearing members of
a building, such as walls, columns, beams, girders or floor joists.
Apartment - A room or suite of one or more rooms, each of which has kitchen
facilities and is designed or intended to be used, as an independent unit, on a rental
basis.
Assembly - A joining together of completely fabricated parts to create a finished
product.
Board of Adjustment - A semi -judicial body, composed of representatives from the
Town of Belville, which is given certain powers under and relative to this ordinance.
Board of Commissioners - The Board of Commissioners of the Town of Belville.
Boarding House - A rooming house or a structure which contains four (4) or more
rooms, each of which has no kitchen facilities, and is designed or intended to be used
for residential occupancy on a rental basis.
Bona Fide Farm - Any tract of land larger than ten (10) acres and otherwise eligible for
tax deferral as authorized in NCGS 105-277.1 et. seq. shall be considered a bona fide
farm. Any trade of land on which agricultural activities are clearly of an incidental
nature may also be considered as a bona fide farm upon determination by the building
inspection upon consideration of agricultural productivity and improvements, and any
other necessary or available information. Under no circumstances will any parcel
smaller than five (5) acres be considered either an agricultural tract or a bona fide
farm.
Building - Any building, structure, edifice or improvements as commonly defined.
0

IBuilding, Commercial - Any building used for business purposes.
' Building, Detached - A building having no party or common wall with another building
except an accessory building.
' Building Groups, Planned - More than one building on a single lot or tract developed
in accordance with the provisions of Article 9.
' Building, Height of - The vertical distance from the average sidewalk or street grade,
or finished grade of the building line, whichever is the highest, to the highest point of
the building.
' Building, Line - A line located a minimum horizontal distance from the right-of-way line
of a street or road parallel thereto, between which and the right-of-way line no
' building or parts of buildings may be erected, altered, or maintained except as
otherwise provided herein.
' Building, Main - A building in which the principal use of the lot on which the building
is situated is conducted.
' Certificate of Occupancy/Compliance - A statement, signed by an administrative
officer authorized by the Belville Board of Commissioners, setting forth that the
building, structure or use complies with the zoning ordinance, and that the same may
' be used for the purpose stated herein.
Contractor, General - One who is engaged in all or more aspects of building
' construction and/or land development through a legal agreement.
' Contractor, Trades - One who accomplishes work or provides facilities under contract
with another and specifically engages in a specialized trade, such as plumbing,
heating, wiring, sheet metal and roofing work, etc.
Day Care Center - Inclusive of kindergarten, a facility for the case and/or education of
pre-school age children.
' Drive-in (eating or drinking facility) - An establishment that provides employee curb
service or accommodations through special equipment or facilities for the ordering of
' food or beverage from a vehicle.
Dwelling, Multiple Family - A building used for or designed as a residence for more
' than two families living independently of each other.
Dwelling, Single -Family - A detached residential dwelling unit, other than a
' manufactured home, designed for and occupied by one family only.
Dwelling, Two Family (Duplex) - A detached building used for or designed as a
' residence for two families living independently of each other.
9

Dwelling Unit - A residential structure or that portion of a residential structure used or
designed as a residence for one family.
Erect - Build, construct, rebuild, or reconstruct, as the same are commonly defined. '
Fabrication - Manufacturing, excluding the refining or other initial processing of basic '
raw materials such as metal ores, lumber or rubber. Fabrication relates to stamping,
cutting or otherwise shaping the processed materials into useful objects.
Family - One or more persons related by blood, adoption or marriage, or a group of not '
more than five (5) persons not related by blood, adoption or marriage living together
as a single housekeeping group in a dwelling unit. '
Frontage - All property abutting on one side of a street measured along the street line.
Garage, Private - A building or ace used as an accessory to or a art of the main ,
9� 9 p Y p
building permitted in any residential district, that provides storage space for motor '
vehicles and in which no business, occupation or service for profit is in any way
conducted.
Home Care Unit- A facility meeting all the requirements of the State of North Carolina '
for boarding and care of not more than five (5) persons who are not critically ill and
do not need professional medical attention, to include homes for the aged. t
Home Occupation - Certain occupations customarily conducted for profit within a
dwelling and carried on by the occupant thereof, which use is clearly subordinate to '
the use of the dwelling for residential purposes. Limitations are prescribed in this
ordinance to ensure against the growth of a home occupation into a commercial
enterprise. 1
Improvements - The addition of any building, accessory building, parking area, loading
area, fence, wall, hedge, lawn or mass planting (except to prevent soil erosion) to a I
lot or parcel of property.
Junk - Pre -used or unusable metallic parts and other nonmetallic manufactured '
products that are worn, deteriorated or obsolete, making them unusable in their
existing condition, but are subject to being dismantled and salvaged.
Lot - Land area of defined boundaries in single ownership, set aside for separate use '
or occupancy, and recorded as such in the office of the Brunswick County Registrar
of Deeds. ,
Lot, Area of The parcel of land enclosed within the boundaries formed by the
property lines. '
Lot, Corner - A lot abutting upon two streets or road (including platted but unopened '
streets or roads), thus having two (2) front lines.
10 1

' Lot, Depth - The depth of a lot, for the purpose of this ordinance, is the distance
measured in the mean direction of the side lines of the lot from the midpoint of the
' front line to the midpoint of the opposite lot line.
Lot Line - Any boundary of a parcel of land.
' Lot Line, Front - Any boundary line of a lot running along a street right-of-way line.
If a lot abuts two right-of-way lines, the front lot line shall be the shorter of the two.
If a lot abuts more than two right-of-way lines, the front lot line shall be determined
by the Board of Adjustment.
1 Lot Line, Rear - The lot line opposite the front lot line.
Lot Line, Side - Any lot line which is not a front or rear lot line.
' Lot of Record - A lot, a plat or a map which has been recorded in the office of the
Registrar of Deeds of Brunswick County, or a lot described by metes and bounds, the
' description of which has been recorded in the aforementioned office.
Lot Width - The distance between the side lot lines as measured along the front
' building line as specified by the applicable front yard setback in this ordinance.
Manufactured Home - A structure, transportable in one or more sections, which in the
' traveling mode is eight body feet or more in width, or 40 body feet or more in length,
or, when erected on site, is 900 or more square feet; was constructed no earlier than
twelve (12) years prior to the effective date of this ordinance; and which is built on
' a permanent chassis and designed to be used as a dwelling, with or without
permanent foundation when connected to the required utilities, including the plumbing,
' heating, air conditioning and electrical systems contained therein. "Manufactured
home" includes any structure that meets all of the requirements of this definition
except the size requirements and with respect to which the manufacturer voluntarily
' files a certification required by the Secretary of the United States Department of
Housing and Urban Development and complies with the standards established under
the National Manufactured Housing Construction and Safety Standards Act of 1974,
' 42 U.S.C. §5401, et seq.
For manufactured homes built prior to June 15, 1976, "manufactured home" means
' a portable manufactured housing unit designed for transportation on its own chassis
and placement on a temporary or semipermanent foundation having a measurement
of over 32 feet in length and over eight feet in width. "Manufactured home" also
' means a double -wide manufactured home, which is two or more portable
manufactured housing units designed for transportation on their own chassis that
connect on site for placement on a temporary or semipermanent foundation having a
' measurement of over 32 feet in length and over eight feet in width.

Park
'
Manufactured Home - Any single parcel of land upon which two or more
manufactured homes or travel trailers, occupied for dwelling or sleeping purposes, are
located, regardless of whether or not a charge is made for such accommodations.
'
Massage Parlor - An establishment where, for any form of consideration, massage,
alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or
'
manipulation of the human body is administered, unless such treatment or
manipulation is administered by a medical practitioner, chiropractor, acupuncturist,
physical therapist, or similar professional person licensed by the state. This definition
'
does not include an athletic club, health club, school, gymnasium, reducing salon, spa,
or similar establishment where massage or similar manipulation of the human body is
offered as an incidental or accessory service.
i
Nonconforming Use - A use of building or land that does not conform with the
regulations of the district in which such building or land is situated but was lawful
'
before adoption of this ordinance. I
Nursing Home - A convalescent facility having over five (5) beds meeting all the
'
requirements of the State of North Carolina for the boarding and care of persons who
cannot care for themselves.
,
Permitted Structural Use - A structure/use meeting all of the. requirements of this
ordinance for the zone district in which it is located.
'
Planned Building Group - A group of two or more buildings or two or more
manufactured homes located on a single parcel of land.
'
Planning Board - A commission appointed by the Board of Commissioners for the
following purposes: (a) to develop and recommend long-range development plans and
'
policies; (b) to advise the Board of Commissioners in matters pertaining to current
physical development and zoning for the town's planning jurisdiction.
'
Processing - Any operation changing the nature of material or material's chemical
composition or physical properties; does not include operations described as
fabrication.
'
Retail - Sale of a commodity to the ultimate consumer and not customarily subject to
sale again.
'
Salvage Operation - The reclamation, dismantling or storage of preused commodities,
junk and similar material for the purposes of resale, processing, distribution or
'
deposition. This does not include the purchase or storage of used furniture, used cars
in operable condition, and used or salvaged materials as part of manufacturing
'
operations.
Service Station - A building or lot where gasoline, oil, grease, and automotive '
accessories are supplied and dispensed to the motor vehicle trade.
12 '

' Setback Line - The line on the front, rear and sides or a lot which delineates the area
upon which a structure may be built and maintained, according to the district
regulations.
Sexual Encounter Establishment - An establishment other than a hotel, motel, or
' similar establishment offering public accommodations which, for any form of
consideration, provides a place where two or more persons may congregate,
associate, or consort in connection with specified sexual activities or the exposure of
' specified anatomical areas. This definition does not include an establishment where
a medical practitioner, psychologist, psychiatrist, or similar professional person
licensed by the state engages in sexual therapy.
' Sign - Any words, lettering, parts of letters, pictures, figures, numerals, phrases,
sentences, emblems, devices, design, trade names or trademarks by which anything
is made known, such as the designation of an individual, firm, association, profession,
business commodity or product, which are visible from any public way and used to
attract attention.
' Sign, Area of - Sign area shall be computed by the smallest square, triangle,
rectangle, circle, or combination thereof which will encompass the entire sign
' including lattice work, wall work, frame or supports incidental to its decoration. In
computing the area, only one (1) side of a double face sign structure shall be
considered.
Sign, Business Identification - Any sign which advertises an establishment, service,
commodity or activity conducted upon the premises where such sign is located.
Sign, Outdoor Advertising - Any sign which advertises an establishment, service,
commodity, goods or entertainment sold or offered on premises other than that on
' which such sign is located.
' Special Use - A use that would not be generally appropriate without restriction
throughout the zoning district but which, if controlled as to number, area, location, or
relation to the neighborhood, would promote the health, safety, morals, general
' welfare, order, comfort, conveniences, appearance or prosperity. Such uses may be
permitted in such zoning district as special exceptions if specific provision for such
special exceptions is made in this zoning ordinance. These uses are allowed only after
' approval by the Belville Planning Board.
Specified Anatomical Areas - As used herein, specified anatomical areas means and
includes any of the following: 1) less than completely and opaquely covered human
genitals, pubic region, buttocks, anus, or female breasts below a point immediately
above the top of the areolae; or 2) human male genitals in a discernibly turgid state,
' even if completely and opaquely covered.
Specified Sexual Activities - As used herein, specified sexual activities means and
' includes any of the following: 1) the fondling or other erotic touching of human
13

genitals, pubic region, buttocks, anus, or female breasts; 2) sex acts, normal or '
perverted, actual or simulated, including intercourse, oral copulation, or sodomy; 3)
masturbation, actual or simulated; or 4) excretory functions as part of or in connection ,
with any of the activities set forth in subdivisions 1 through 3 of this definition.
Storage - A depository for commodities or items for the purpose of future use or '
safekeeping.
Street - A public thoroughfare which affords access to abutting property and is '
recorded as such in the office of the Brunswick County Registrar of Deeds.
Structure - See Building. ,
Subdivision - All divisions of a tract or parcel of land into two (2) or more lots, building
sites or other divisions for the purpose, whether immediate or future, of sale or '
building development, and all divisions of land involving the dedication of a new street
or a change in existing streets; provided, however, that the following shall not be '
included within this definition:
(1) the combination or recombination of portions of previously platted lots where the '
total number of lots is not increased and the resultant lots are equal to or exceed the
standards contained herein; (2) the division of land into parcels greater than ten (10)
acres where no street right-of-way dedication is involved; (3) the public acquisition by '
purchase of strips of land for the widening or openings of streets; (4) the division of
a tract in single ownership whose entire area is no greater than two (2) acres into not
more than three (3) lots, where no street right-of-way dedication is involved. '
Tourist Home - Any building occupied by owner or operator in which rooms are rented
for lodging of transients and travelers for compensation. ,
Travel Trailer - Any structure which:
(a) consists of a single unit completely assembled at the factory; and '
(b) is designed so that the total structure can be transported on its own chassis; and
(c) is not over 32 feet in length and 8 feet in width; and
(d) may be used as a dwelling unit. '
Such structures shall be considered travel trailers regardless of other titles that may
also be applicable such as camper, mini -mobile home, etc. '
Use - The purpose for which land or structure thereon is designed, arranged or
intended to be occupied or used, or for which it is occupied, maintained, rented or '
leased.
Use, Accessory - A use incidental to and customarily associated with the use -by -right ,
and located on the same lot with the use -by -right, and operated and maintained under
the same ownership with the operation of the use -by -right. '
14 1

' Use By Right - A use which is listed as an unconditionally permitted activity in this
ordinance.
' Use, Nonconforming - A use of building or land that does not conform with the
regulations of the district in which the building or land is situated.
Use, Non -Farm - Any use of property which is not encompassed by the definition of
a farm as so defined in this ordinance.
Use, Special - A use permitted in a zone only after specific findings by the Board of
Adjustment of Board of Commissioners.
' Variance - A modification or alteration of any of the requirements of this ordinance.
' Warehouse - A building or compartment in a building used and appropriated by the
occupant for the deposit and safekeeping or selling of his own goods at wholesale
and/or for the purpose of storing the goods of others placed there in the regular course
' of commercial dealing and trade to be again removed or reshipped.
Wholesale - Sale of a commodity for resale to the public for direct consumption.
' Yard - An open space on the same lot with a building and unoccupied from the
Y P P 9 P
' ground upward except by trees, shrubbery, or fences.
Yard, Front - A yard across the full width of the lot, extending from the front line of
the building to the front lot line.
1
Yard, Rear - A yard located behind the rear line of the main building, if extended, to
the perimeter of the lot.
Yard, Side - A yard between the building and side lot line, extending from the front
' building line to the rear building line.
Zoning Certificate - A certification by the Board of Commissioners or its authorized
' agents that a course of action to use or occupy a tract of land or a building, or to
erect, install or alter a structure, building or sign situated in the extraterritorial
jurisdiction of the town, fully meets the requirements of this ordinance.
H
1 15

ARTICLE 4. LOCATIONS AND BOUNDARIES OF DISTRICTS '
The locations and boundaries of each of the zoning districts shall be shown on
the map accompanying this ordinance and made a part hereof entitled "Town of '
Belville Official Zoning Map" dated , 1995, and adopted by the Board
of Commissioners. The zoning map and all the notations, references and amendments
thereto and other information shown, are hereby made a part of this ordinance. The '
zoning map shall be kept on file in the office of the Town of Belville Building Inspector
and shall be available for inspection by the public.
The boundaries of such districts as are shown upon the map attached to this
ordinance are hereby adopted. The provisions of this ordinance governing within each
type of district the use of land and buildings, height of buildings, building site areas, '
sizes of yards around buildings and other matters as are hereinafter set forth are
hereby established and declared to be in effect upon all land included within the '
boundaries of each and every district as shown upon said map.
Where uncertainty exists with respect to the boundaries of any of the aforesaid I
districts as shown on the zoning map, the following rules shall apply:
Where district boundaries are indicated as approximately ,
following street lines, alley lines, lot lines or such lines
extended, these lines shall be construed to be such
boundaries. ,
Where a district boundary divides a lot, the location of such boundary, unless
the same is indicated by dimensions on the zoning map, shall be one hundred fifty ,
(150) feet from the nearest street which it parallels.
In case any further uncertainty exists, the Board of Adjustment shall interpret ,
the intent of the zoning map as to the location of the district boundaries.
16
�

r
rARTICLE 5. ESTABLISHMENT OF ZONING DISTRICTS
r
For the purpose of this ordinance, the Town of Belville and its extraterritorial
rjurisdiction is divided into the following classes of zones:
R-10 Residential District
' MF Multi -Family District
MFM Multi -Family Manufactured Homes
B-1 Business District
r 1-1 Industrial District
OS Open Space District
' R-10 Residential District
This district is defined as low density residential areas and additional open areas
' where similar residential development will be a viable land use. The uses permitted
in this district are designed to stabilize and protect the essential character of the area
and prohibit all activities of a commercial nature except certain home occupations
rcontrolled by specific limitations.
' MF Multi -Family District
This district is defined as a high density residential area where multifamily
dwellings are co -mingled with certain open areas where similar residential development
rwill be a viable land use. The uses permitted in this district are designed to stabilize
and protect the essential characteristics of the area and prohibit all activities of a
rcommercial nature except certain home occupations controlled by specific limitations.
MFM Multi -Family Manufactured Homes
rThis district is defined as a high density residential area where multi -family
dwellings and manufactured home parks are co -mingled with certain open areas where
r similar residential development will be a viable land use. The uses permitted in this
district are designed to stabilize and protect the essential characteristics of the area
and prohibit all activities of a commercial nature except certain home occupations
rcontrolled by specific limitations.
B-1 Business District
rThis district is defined as certain areas that are designed to serve both
nonresidents and residents using the major arterials that run through or around the
rtown. This district is designed to accommodate retail or service establishments
customarily patronized by transient traffic as well as nontransient traffic.
r
r17

1-1 Industrial District
This district is defined as an area where manufacturing establishments may be
developed. This district is customarily located in proximity to railroad sidings and/or
major thoroughfares. The purpose of this district is to permit the normal operations
of almost all industries except those that would be detrimental to adjoining properties.
Excluded from this district are those industries which deal primarily in hazardous
products such as explosives.
OS Open SQace District
This district is intended to give particular attention to the nature of protection
and appropriate development of areas of environmental concern as defined in the state
administrative code (EH&NR-Coastal Management Act, 15A NCAC 7H "State
Guidelines for Areas of Environmental Concern," and as defined by the town. The OS
district is located in all areas designated as areas of environmental concern by the
State of North Carolina.
18

1
' ARTICLE 6. APPLICATION OF GENERAL REGULATIONS
' 6.1 Use
' No building or land shall hereafter shall be used or occupied and no building or
part thereof shall be erected, moved or structurally altered except in conformity with
the uses and dimensional regulations of this ordinance, or amendments thereto, for the
' district in which it is located.
6.2 Only One Main Building, One Main Use on Lot, and Orientation of a Building
In all districts, every main building hereafter erected or altered shall be located
on a separate lot, as defined in this ordinance, and in no case shall there be more than
' one main building and permitted accessory building on the lot nor more than one main
use (e.g., commercial, industrial or residential) per building and lot; provided that this
requirement shall not apply to manufactured homes or manufactured home parks
' where permitted, permitted accessory uses, nor to unified developments of planned
building groups approved by the Board of Commissioners, nor to a bona fide farm use.
This ordinance in no way regulates the orientation of a building.
6.3 Minimum Yards
' The minimum yards or other open spaces required by this ordinance, including
those provisions regulating intensity of use, for each and every building hereafter
erected or structurally altered shall not be encroached upon or considered as meeting
' the yard or open space requirements or the intensity of use provisions for any other
building.
' 6.4 Lot Subdivision
' No lot shall hereafter be so reduced in area as to cause any open space required
by this ordinance to be less in any dimension than is herein required by the minimum
yard requirements of the zone in which the lot in question is situated.
' 6.5 Certificate of Occupancy
' No final certificate of occupancy/compliance for a commercial, residential or
manufactured home park will be issued until all required site improvements have been
completed.
19

ARTICLE 7. DISTRICT REGULATIONS
7.1 Table of Permitted Uses
Districts in which particular uses are permitted as a use by right are indicated
by "x." Districts in which particular uses are permitted as a use -by -right with certain
conditions are indicated by "x" with a reference to a footnote to this table.
Districts in which particular uses are permitted as a special use upon approval
of the Board of Adjustment are indicated by "s." See the Table of Permitted Uses for
details of each special use.
Districts in which particular uses are prohibited are indicated by a blank. Any
use that is not listed in the Table of Permitted Uses is prohibited. This includes, but
is not limited to, adult arcades, adult book stores, adult cabarets, adult motion picture
theaters, massage parlors, and sexual encounter establishments as defined by this
ordinance.
TABLE OF PERMITTED USES
MFM
MF
Multi -Family
Os
PERMITTED USES
R-10
Multi-
Manufactured
B-1
1-1
Open
Residential
Family
Homes
Business
Industrial
Space
ACCESSORY BUILDING
x
x
x
x
x
ACCESSORY USES
x
x
x
x
x
Incidental to any permitted use
(see note 1)
ADDRESSING SERVICE
x
ALCOHOLIC BEVERAGES,
x
PACKAGED, RETAIL SALE
AMBULANCE SERVICE
x
ANIMAL MEDICAL CARE
x
(incl. kennel operations)
APPAREL & ACCESSORY SALES
x
ASSEMBLIES
x
(Assembly Hall, Armory
Stadium, Coliseum)
ART GALLERY
x
AUCTION SALES (excl. livestock
x
auctioning)
20

Table of Permitted Uses (Continued)
MFM
MF
Multi -Family
OS
PERMITTED USES
R-10
Multi-
Manufactured
B-1
1-1
Open
Residential
Family
Homes
Business
Industrial
Space
AUTOMOBILE OFF-STREET
x
x
PARKING (commercial lots)
AUTOMOBILE PARTS &
x
ACCESSORY SALES
AUTOMOBILE AND TRUCK
x
x
RENTAL
AUTOMOBILE REPAIR AND/OR
x
BODY WORK (excl. commercial
wrecking, dismantling or storage
of junked vehicles)
AUTOMOBILE SALES, NEW AND
x
USED
AUTOMOBILE SERVICE
x
STATION OPERATIONS
AUTOMOBILE LAUNDRYING
x
BAKERY PRODUCTION AND
x
x
WHOLESALE SALES
BAKING, ON -PREMISES AND
x
RETAIL ONLY
BANK, SAVINGS & LOAN
x
COMPANY AND OTHER
FINANCIAL ACTIVITIES
BARBER OR BEAUTY COLLEGE
x
INSTRUCTION
BARBERING & HAIRDRESSING
x
SERVICES
BICYCLE SALES & REPAIR
x
BOARDING HOUSE OPERATION
x
BOATS AND ACCESSORIES,
x
RETAIL SALES AND SERVICE
BOOKS AND PRINTED MATTER,
x
x
DISTRIBUTION
BOOKS BINDING
x
BOTTLED GAS DISTRIBUTION,
x
STORAGE (see Note 2)
BOTTLING
x
21

Table of Permitted Uses (Continued)
MFM
MF
Multi -Family
Os
PERMITTED USES
R-10
Multi-
Manufactured
B-1
1-1
Open
Residential
Family
Homes
Business
Industrial
Space
BUILDING SUPPLY (no outside
x
x
storage)
BUILDING SUPPLY (with outside
x
storage) [see Note 11
BUS REPAIR AND STORAGE
x
x
TERMINAL ACTIVITIES
BUS STATION ACTIVITIES
x
CABINET MAKING
x
CANDY OR CONFECTIONERY
x
MAKING ON PREMISES AND
RETAIL ONLY
CARPET AND RUG CLEANING
x
CATALOGUE SALES
x
CEMETERY
s
s
CHURCH
x
x
x
CLINIC SERVICES, MEDICAL &
x
DENTAL
CLUB OR LODGE
x
COAL SALES & STORAGE
x
CONSTRUCTION STORAGE
x
(see Note 1)
CONTRACTOR, GENERAL (excl.
x
x
outside storage of equipment or
supplies)
CONTRACTOR, GENERAL (with
x
outside storage of equipment or
supplies (see Note 11
CONTRACTOR, TRADES (excl.
x
x
outside storage of equipment or
supplies)
CONTRACTOR, TRADES (with
x
outside storage of equipment or
supplies) [see Note 11
CURIO AND SOUVENIR SALES
x
DAIRY PRODUCTS SALES, ON
x
PREMISES, RETAIL SALES ONLY
22

Table of Permitted Uses (Continued)
MFM
MF
Multi -Family
OS
PERMITTED USES
R-10
Multi-
Manufactured
B-1
1-1
Open
Residential
Family
Homes
Business
Industrial
Space
DAIRY PRODUCTS, SALES &
x
x
PROCESSING
DAY CARE CENTER
s
s
s
(kindergarten)
DELICATESSEN OPERATION
x
(incl. catering)
DOCKS (private)
x
x
x
x
DRY CLEANING & LAUNDRY,
x
COMMERCIAL (see Note 3)
DRY CLEANING OR
x
LAUNDERING (customer self-
service)(see Note 31
DWELLING, SINGLE FAMILY
x
x
x
DWELLING, TWO FAMILY
x
DWELLING, MULTI FAMILY
x
x
EATING OR DRINKING
x
FACILITIES (drive-ins excluded)
EATING OR DRINKING
x
FACILITIES (drive-ins included)
EMPLOYEES SERVICE (not
x
x
designed for or available to
public customers)
EXTERMINATING SERVICE
x
FARM MACHINERY SALES AND
x
x
SERVICING
FARM SUPPLIES
x
x
MERCHANDISING (excl. farm
machinery)
FIRE STATION OPERATIONS
x
x
FLOWER SHOP
x
FOOD SALES
x
FOOD FREEZER OPERATIONS
x
x
FUNERAL HOME
x
FUR SALES, incl. cold storage
x
HARDWARE, PAINT & GARDEN
x
SUPPLY SALES
23

Table of Permitted Uses (Continued)
MFM
MF
Multi -Family
OS
PERMITTED USES
R-10
Multi-
Manufactured
B-1
1-1
Open
Residential
Family
Homes
Business
Industrial
Space
HATCHERY OPERATIONS
x
HOME CARE UNIT (see Note 4)
s
HOME FOR THE AGED (see Note
s
4)
HOME FURNISHING &
x
APPLIANCE SALES
HOME OCCUPATION (see Note
x
x
5)
ICE MANUFACTURING
x
INDUSTRIAL SALES OF
x
EQUIPMENT OR REPAIR
SERVICE
INDUSTRIAL OPERATIONS NOT
x
OTHERWISE LISTED HEREIN
(except uses listed in Note 6)
JANITORIAL SERVICE
x
KENNEL OPERATIONS, CARE
x
LABORATORY OPERATIONS,
x
MEDICAL OR DENTAL
LABORATORY RESEARCH
x
LIBRARY
x
LIVESTOCK SALES &
x
AUCTIONING
LOCKSMITH, GUNSMITH
x
MACHINE TOOL
x
MANUFACTURING OR WELDING
MANUFACTURED HOME,
s
Temporary Residential
Occupancy
MANUFACTURED HOME,
x
Permanent Residential
Occupancy (see Note 7)
MANUFACTURED HOME
s
(individual) for Office and
Exhibition
24

ITable of Permitted Uses (Continued)
MFM
MF
Multi -Family
OS
PERMITTED USES
R-10
Multi-
Manufactured
B-1
1-1
Open
Residential
Family
Homes
Business
Industrial
Space
MANUFACTURED HOME PARK
x
x
but excl. any manufactured
home sales
MANUFACTURED HOME SALES
x
x
x
x
but excl. any residential
occupancy
MARINAS, Public and Private, as
x
x
defined by 15A NCAC 7H
MOTEL, HOTEL OR MOTOR
x
COURT OPERATIONS
(see Note 8)
MONUMENT SALES
x
MONUMENT WORKS
x
NEWSPAPER PUBLISHING
x
NEWSSTAND SALES
x
NURSERY OPERATIONS (plant)
x
x
NURSING HOME
s
OFFICE USE of a doctor, dentist,
x
osteopath, chiropractor,
optometrist, physiotherapist, or
other medically oriented
profession
OFFICE USE with no on -premises
x
x
stock of goods for sale to the
general public and the operations
and services of which are
customarily conducted by means
of written, verbal, or
mechanically reproduced
communications material
OFFICE SUPPLIES &
x
EQUIPMENT SALES AND
SERVICE
OPTICIAN SERVICE
x
PAWN SHOP
x
PET SALES, excl. kennel
x
activities or outside storage of
animals
PHARMACEUTICAL SALES
x
25

Table of Permitted Uses (Continued)
MFM
MF
Multi -Family
OS
PERMITTED USES
R-10
Multi-
Manufactured
B-1
1-1
Open
Residential
Family
Homes
Business
Industrial
Space
PHOTOGRAPHY, COMMERCIAL
x
PLATING
x
POST OFFICE
x
PRIVATE RECREATION CLUB OR
s
s
SWIMMING CLUB ACTIVITIES
NOT OPERATED AS A
BUSINESS FOR PROFIT
PRINTING & REPRODUCTION
x
x
PUBLIC RECREATION (such as
x
x
x
x
x
community center buildings,
parks, museums, playground,
and similar facilities operated on
a nonprofit basis)
PUBLIC UTILITY STATIONS OR
s
s
s
s
s
SUBSTATIONS
PUBLIC UTILITY WORKS,
x
x
SHOPS OR STORAGE YARDS
QUARRY OPERATIONS
x
RAILROAD STATION
x
x
OPERATIONS
RAILROAD YARD OPERATIONS
x
RECREATION OR AMUSEMENT
x
ENTERPRISE conducted outside
a building and for profit, and not
otherwise listed herein
RECREATION OR AMUSEMENT
x
ENTERPRISE conducted inside a
building and for profit, and not
otherwise listed herein
REDUCING SALON CARE
x
REPAIR, RENTAL AND/OR
x
x
SERVICING of any product the
retail sale of which is a use -by -
right in the same district and not
otherwise listed herein
RETAILING OR SERVICING with
x
operations conducted and
merchandise stored inside and/or
outside a building and not
otherwise listed (see Note 6)
26

Table of Permitted Uses (Continued)
MFM
MF
Multi -Family
OS
PERMITTED USES
R-10
Multi-
Manufactured
B-1
1-1
Open
Residential
Family
Homes
Business
Industrial
Space
RETAILING OR SERVICING with
x
operations conducted and
merchandise stored entirely
within a building and not
otherwise listed herein
SALVAGE OPERATION (see
x
Note 9)
SAWMILL OR PLANING
x
ACTIVITIES
SECOND HAND & SWAP SHOP
x
SALES
SCHOOL, BUSINESS &
x
x
COMMERCIAL
SCHOOL, PRIVATE,
s
ELEMENTARY OR SECONDARY
SCHOOL, PUBLIC
x
x
SCHOOL, TRADE OR
x
x
VOCATIONAL
SHEET METAL FABRICATION
x
SIGN
See Article 12 for permitted areas and regulations.
SIGN, OUTDOOR ADVERTISING
x
x
(see Article 12)
SIGN, PUBLIC SERVICE
x
x
INFORMATION
STORAGE, FLAMMABLE (see
x
Note 6)
STORAGE, OPEN (see Note 1)
x
STORAGE, WAREHOUSE
x
TAILORING (Dressmaking)
x
TAXICAB STAND OPERATIONS
x
TEACHING of Art, Music,
x
Dance, Dramatics, or Other Fine
Arts
TELEPHONE EXCHANGE
s
s
x
x
OPERATIONS
TEMPORARY CONSTRUCTION
x
x
x
x
BUILDING
27

Table of Permitted Uses (Continued)
MFM
MF
Multi -Family
OS
PERMITTED USES
R-10
Multi-
Manufactured
B-1
1-1
Open
Residential
Family
Homes
Business
Industrial
Space
THEATER PRODUCTIONS,
x
Indoor
TIRE RECAPPING (see Note 1)
x
x
TOBACCO SALES
x
x
WAREHOUSING
TOBACCO PROCESSING
x
TOURIST HOME OPERATIONS
x
TRAILER RENTALS
x
x
TRAVEL TRAILERS (see Note
x
10)
TRUCK TERMINAL ACTIVITIES,
x
Repair & Hauling and/or Storage
UPHOLSTERING OR FURNITURE
x
x
REFINISHING
VARIETY GIFT & HOBBY
x
SUPPLY SALES
VENDING MACHINE RENTAL
x
WHOLESALE SALES with
x .
x
operations conducted and
merchandise stored entirely
within a building and not
otherwise listed herein
28

' 7.2 Notes to the Table of Permitted Uses
' Note 1. Accessory Uses. No permanent residential occupancy shall be allowed
as an accessory use in the B-1 or 1-1 districts. An accessory use in R-10 or MF
districts shall not include the residential occupancy of an accessory building except
' by domestic employees employed on the premises and the immediate family of such
employees. Swimming pools as an accessory use in R-10 or MF districts shall be
enclosed by protective fencing not less than five (5) feet in height.
Note 2. Storage of Flammable. The storage of flammables shall not be
permitted or considered a use -by -right except when such authorization for said use is
given by the Brunswick County Fire Marshall relative to compliance of proposed
storage facilities with state and Brunswick County fire regulations.
Propane gas shall not be stored for sale in the B-1 district in tanks larger than
4.7 gallons (20 pounds). There shall be no more than fifteen (15) tanks stored on any
one individual parcel of property or business at any given time. All bottled gas tanks
' shall be U.L. (Underwriter Laboratories, Inc.) approved and maintained in good
condition with no visible signs of rust. Tanks shall be stored at least twenty-five (25)
feet away from the edge of any vehicular parking area or"open (improved) road right-
of-way. The storage site must be physically separated from parking areas and rights -
of -way. If stored outside, the bottled gas must be stored inside a secured area. The
' storage site(s) shall be surrounded by a barrier(s) of sufficient strength to prohibit
vehicular entry.
' Note 3. Dry Cleaning and Laundry Establishments shall be permitted when only
oil, gas or electricity is used for heat. Screening and filtering devices shall be used to
prevent the emission of smoke, dust, fumes, odors, or steam into the atmosphere.
' Note 4. Home Care Unit. Home care units shall be situated on at least a
20,000 square foot lot and provide approved facilities to adequately accommodate
' 1,000 gallons of waste water per day if not connected to a central sewerage system.
Note 5. Home Occupations. Home occupations are permitted only as an
incidental use and are limited to the following:
(a) The office or studio of a physician, artist (not inclusive of a studio of a
commercial photographer), general or trades contractor, musician,
insurance agent, lawyer, real estate broker, teacher or other like
professional person residing on the premises, provided no chattels or
goods, wares or merchandise are commercially created, displayed,
exchanged or sold;
(b) Workshops not conducted for profit;
(c) Customary home occupations such as millinery, dressmaking, laundering
or pressing and tailoring conducted by a person residing on the premises;
29

'
(d) Rooming and/or board of not more than three (3) persons; for which a
rent is charged;
e Single operator beauty shop or barber shop; and
Provided, furthermore, the home occupations listed above shall be permitted
'
subject to the following limitations:
-- No display of products;
'
-- No mechanical equipment shall be installed or used except such that is
normally used for domestic or professional purposes and which does not
'
cause noises or other interference in radio and television reception;
-- No accessory buildings or outside storage shall be used in connection
with the home occupation;
-- Not over twenty-five (25) percent of the total floor area or five hundred
(500) square feet, whichever is less, shall be used for a home
occupation;
-- Only residents of the dwelling may be engaged in the home occupation
except any physician or dentist licensed by the State of North Carolina
shall be allowed to have one (1) nurse or assistant who is not a resident
of the dwelling.
Note 6. Industries. The following industrial uses shall not be allowed:
(a) The manufacturing, processing, fabrication and/or bulk storage of
acetylene gas (except for use on premises), ammunition, explosives,
fireworks, gunpowder, junk or matches;
(b) The manufacturing, processing and/or fabrication of acids (except
noncorrosive acids), ammonia, ammonium nitrate, animal byproducts,
bleaching powder, cellulose, chlorine, creosote and creosote treatment,
detergents, enamels, lacquers, "lime," linoleum, oilcloth, paints, paper
pulp, pigments, lime plastic, rubber. (except tire recappers), soaps,
tannery products, turpentine, varnishes, whiting and/or wood fillers. The
fabrication of plastics is exempt from this prohibition.
Note 7. Individual Manufactured Homes Permanent Occupancy. Individual
manufactured homes for permanent occupancy which are located in the R-10
residential zone must comply with the following:
30

' -- The manufactured home has a length not exceeding four times its width,
with length measured along the longest axis and width measured at the
narrowest part of the other axis;
-- All roof structures shall provide an eave projection of no less than six
inches, which may include a gutter;
-- The manufactured home is set up in accordance with the standards set
' by the North Carolina Department of Insurance and a continuous,
permanent masonry foundation or masonry curtain wall, unpierced
except for required ventilation and access, is installed under the
perimeter of the manufactured home;
-- Stairs, porches, entrance platforms, ramps and other means of entrance
and exit to and from the home shall be installed or constructed in
accordance with the standards set by the North Carolina Department of
Insurance, attached firmly to the primary structure and anchored securely
to the ground; and
' -- The moving hitch, wheels and axles, and transporting lights have been
removed.
' Note 8. Motel, Hotel, or Motor Court Operations. An apartment (one single
unit), dwelling single-family, or manufactured home may be maintained as an
accessory use to a motel, hotel, or motor court for use as a dwelling unit for the full-
time manager and their family.
Note 9. Salvage Operations. Salvage operations involving outside storage shall
' be enclosed by a solid fence or wall not less than six (6) feet and not more than ten
(10) feet in height. No outside storage shall encroach upon the required setback. This
requirement shall apply to any type of salvage operations, inclusive of used car
' dealerships.
Note 10. Travel Trailers. Travel trailers occupied for home habitation must be
located in an approved manufactured home park. Travel trailers which are not
occupied may be stored at any location, provided that such storage is not relating to
' mobile home sales, and further provided that such storage is not upon the right-of-way
of any public street or public land.
. I
1 31

ARTICLE 8. TABLE OF AREA, YARD AND HEIGHT REQUIREMENTS
MAXIMUM HEIGHT
DISTRICT
MINIMUM
LOT SIZE
MINIMUM YARD REGULATIONS
OF STRUCTURE
(see Notes 2 and 3)
(see Note 6)
Area in Sq.Ft.
Sq.Ft. per
Frontage
Front Yard Side Yard
Rear Yard
In Feet
Dwelling Unit
In Feet
Setback in Feet Width in Feet
Depth in Feet
R-10
10,000
10,000
70
30 12
30
35
Residential
MF*
Two Family
8,000
4,000
60
25 10
20
35
Multi -Family
8,000 for the
60
25 10
20
56
first two
dwelling units
and 2,500 for
each additional
dwelling unit
B-1 25 10 10 None
Business
1-1 25 10 10 None
Industrial
OS
Open Space
*Manufactured home parks shall adhere to the manufactured home park regulations set forth in Article 9 of this zoning ordinance.
**Where a lot in B-1 District abuts a lot in another zone, the side abutting such lot shall maintain a minimum side yard of ten feet.
32

1
8.1 Notes to the Table of Area, Yard and Height Requirements
Note 1. Special Use Requirements Take Precedence. Area, yard and height
requirements as specified in the issuance of a special use permit shall take precedence
over area, yard and height requirements as set forth in the Table of Area, Yard and
Height Requirements.
Note 2. Variance for Prior Lots of Record. Notwithstanding the other setback
1 provisions of this ordinance, a building or structure may be constructed and occupied
by one family on any lot recorded prior to adoption of this ordinance and meeting all
of the requirements of one line of the following table:
Having a Frontage of: Having Side Yards of: Having Front Yard of: Having Rear Yard of:
Less than 50 Feet 5 ft. each side 15 ft. 20 ft.
50 Feet 6 ft. each side 15 ft. 20 ft.
Note 3. a) Corner Lots. On a corner lot, a side yard setback consisting of one
half (1 /2) of the distance of the required front yard setback up to a maximum of
twenty (20) feet shall be maintained between any building and the side street. This
' requirement shall not be applied so as to reduce the building width of a residentially
zoned corner lot of record at the time of passage of this ordinance to less than 30
' feet, nor to prohibit the erection of any access building where this requirement cannot
reasonably be complied with as determined by the Board of Adjustment.
b) Miscellaneous Exceptions. Steps, fire escapes, stairways, balconies
and chimneys only project into a minimum yard not more than four feet and an
unenclosed porch may project into the required front or rear yard not more than ten
' feet.
Sills, cornices, buttresses, ornamental features and similar items may
' project into a required yard not more than thirty inches.
Carports open on three sides may encroach on a side yard to a distance
of not less than five feet from a side lot line, except on the street side yard of a corner
lot where the setback shall be one-half (1 /2) of the distance of the required front yard
setback up to a maximum of twenty (20) feet. Storage areas may be constructed
' across the rear of a carport open on three sides that encroaches on a side yard,
provided such storage area shall not contain more than seventy-two (72) square feet
nor constitute more than eighteen percent (18%) of the area contained in the carport,
whichever is less.
c) Retaining Walls. The setback and yard requirements of this ordinance
' shall not apply to a retaining wall not more than five feet high, as measured from the
lowest ground elevation to the top of the wall. The Board of Adjustment may permit
a retaining wall greater than five foot height where it finds that due to the topography
of the lot, such a wall is necessary.
33

d) Fences and Walls. In residential zones, fences and walls not over
4'0" high may project into or may enclose any front yard; however, no fence may be
constructed on or in a public street right-of-way. Side and rear yards may be enclosed
by fences or walls 6'6" high. In no case in a residential zone shall a fence or wall over
4'0" high be extended closer to the street right-of-way line, which parallels the front
property line, than the front corner of the main building situated on the lot or 25 feet
from said street right-of-way, whichever is greater. In the 1-1 district, a solid or open
fence or wall may be erected to a maximum height of ten feet.
e) Open Storage. Any open storage not enclosed within the confines of
a building, such as boxes, crates, trash piles, machinery and merchandise with open
display that results from the commercial operation it is part of, shall be enclosed or
hidden from view along any property lines adjacent to or in a residential zone by a
wall, fence and/or screening. This provision shall apply in any commercial or industrial
use abutting or in a residential zone.
f) Accessory Buildings. Detached garages and accessory buildings to
residential uses may be constructed in the rear yard provided they are located no
closer than 5'0" to any adjoining lot line, except on the street side yard of a corner lot
the setback shall be one-half (1 /2) of the distance of the required front setback up to
a maximum of twenty (20) feet.
Note 6. Height Restrictions/Modifications. In addition to the height limitations
listed in the Table of Area, Yard and Height Requirements, any building in B-1 and 1-1
districts may be increased in height provided that a ratio of floor area to lot area,
excluding yard requirements, of 8 to 1 is adhered to. At no time shall the gross floor
area of the building exceed by eight times the allowable building area of the lot.
34

' ARTICLE 9. PLANNED BUILDING GROUP REGULATIONS
Planned building groups (inclusive of manufactured home parks) shall be
submitted to the Town Clerk at least four weeks prior to the regular monthly Planning
Board meeting at which it is to be reviewed. Such planned building groups must be
approved by the Planning Board.
'
9.1 Planned Building Group Regulations for Apartments and Condominiums
Minimum Lot Area -- See Table of Yard, Area and Height Regulations.
'
--
Parking
Off-street parking shall be provided in ratio of two and one-half spaces
per dwelling unit.
Recreation
Area --
Play areas shall be provided for all apartments and condominium planned
building groups with over five dwelling units. A minimum plan area of
'
2,000 sq.ft. having a minimum width of 40 feet or a minimum radius of
26 feet shall be provided for the first six (6) to twenty-five (25) dwelling
units. For each dwelling unit over 25 in number, an additional 56 feet
'
per dwelling unit shall be provided. The spatial distribution and number
of individual play areas within the planned building group shall be
'
determined by the Planning Board on the basis of the spatial arrangement
of the dwelling units, topography, and other physical features.
Swimming pools and their accessory areas shall not constitute any part
'
of the open space requirements. No part of the required play area shall
be used for any other purpose.
Timing --
Proposed schedule of development including stages likely to be followed.
Other Details --
(1)
Proposed provisions for storm drainage and sanitary sewerage.
'
(2)
Size and proposed location of any signs.
(3)
Proposed solid waste storage facilities.
'
(4)
Proposed water system and fire fighting facilities such as hydrants or
sprinkler connections.
(5)
Types of surfacing, slope, grade and cross-section of drives, sidewalks,
'
malls, etc.
(6)
The location and heights of all fences, walls, and hedges shall be shown.
(7)
Profiles of publicly maintained water and sewer lines.
(8)
Profiles, cross -sections and slopes of on -site and off -site ditches carrying
water runoff.
(9)
Erosion and sedimentation control plan.
'
(10)
Lighting plan inclusive of wattage and illumination.
(11)
Installation of curb and gutter shall be mandatory.
(12)
Depict traffic control devices.
(13)
Location and amount of recreation areas.
35

Placement of
Buildings --
(1)
(2)
(3)
(4)
There shall be maintained at least thirty (30) linear feet of open space
between individual and unattached buildings in a residential planned
building group.
Any group of buildings forming a courtyard shall have at least 25% of a
perimeter of such courtyard open for access by emergency vehicles.
Where the length of a street exceeds two hundred (200) feet and where
there exists six or more dwelling units, an area must be provided for the
turnaround of fire fighting vehicles on a paved or graveled surface. This
area shall not be used for parking and shall subscribe a circular area
having a radius of 17.5 feet or shall have a configuration which provides
comparable turnaround space.
Locations for fire hydrants must be shown within 500 feet, as measured
along the access drive from every dwelling unit in the planned building
group. All hydrants must be served by a water main of sufficient size.
In no case shall the minimum size main be less than six inches in
diameter.
9.2 Manufactured Home Park Regulations
All manufactured home parks existing on the effective date of this ordinance
cannot expand unless such expansions comply with all applicable procedures and
requirements of this ordinance. Any manufactured home park constructed after the
effective date of this ordinance failing to comply with the applicable provisions of this
ordinance is hereby declared to be a nonconforming use of land.
All manufactured home parks constructed after the effective date of this
ordinance shall continuously comply with the general requirements of this ordinance.
Failure to meet continuously each of the general requirements shall be grounds for
revocation of the Certificate of Occupancy/Compliance.
9.3 Minimum Requirements for Manufactured Homes
Minimum
Lot Area -- The minimum area of twenty-five (25) manufactured home spaces shall
be mandatory for the establishing of a manufactured home park.
Individual manufactured home spaces shall be at least fifty (50) feet in
width and shall contain at least 5,000 square feet of area. In addition,
the park shall have sufficient area to provide for required access drives,
play areas, barriers, etc.
Parking -- Two off-street parking spaces for each manufactured home lot plus one
space for each three manufactured homes. Off-street parking spaces
shall not be considered part of the required minimum lot area of any
manufactured home space.
36

IPlans are required and must show:
Structures - Location and approximate size of all existing and proposed buildings and
structures within the site and public or private easements or rights -of -
way adjoining or intersecting such property.
Circulation - Proposed points of access and egress and pattern of internal circulation.
All manufactured home spaces shall abut upon an interior drive.
Parking - Location of and arrangement of all proposed automobile parking spaces.
' Other Details -
(1) Location and dimensions of individual manufactured home spaces.
(2) Provision for storm drainage and a sedimentation and erosion control
plan.
(3) Location and size of open play space and all other accessory features
customarily incidental to the operation of a manufactured home park.
' Other Requirements -
(1) There shall be a yard clearance of at least fifteen (15) feet between each
' manufactured home, including manufactured homes parked end to end.
Manufactured homes shall be located no closer than twenty-five (25) feet
to any exterior property line of the park, and no closer than ten (10) feet
' to the edge of any interior drive or walkway.
' (2) Water and sewerage services must be approved by the Planning Board.
(3) A recreation area of at least 200 square feet per manufactured home
space shall be provided.
(4) All interior drives providing access to two or more lots must be paved to
' a width of at least 18 feet, except one-way drives shall be at least 10
feet wide. Paved walkways of not less than two feet in width shall
connect all service buildings to abutting drives.
' (5) No manufactured home for occupancy exceeding two weeks shall be
placed in a manufactured home park unless it contains at least 200
' square feet of gross floor area and a built-in bathroom with a water
closet, a lavatory, and a sink or tub which are in working condition.
Manufactured homes not meeting the above requirements may be
permitted, for a period not to exceed two weeks, in an approved
manufactured home park provided adequate sanitary facilities are
available in a separate building which meets the requirements of this
' ordinance. Manufactured home parks providing spaces for manufactured
homes not meeting the above listed criteria shall provide bath facilities
in a service building located not more than 250 feet from each such
' space. Such bath facilities shall be provided at a ratio of one bath per
' 37

five such spaces. A full bath shall be considered to consist of one water '
closet, one lavatory, and one tub or shower, regardless of the
arrangement of the facilities. Where both facilities are provided, '
provisions must be made for separate male and female facilities.
Service buildings shall be well lighted at all times of the day and night. '
All administrative and service buildings shall be maintained in clean,
sightly condition and kept free of any condition that will menace the '
health of any occupant or the public or constitute a nuisance.
(6) Every manufactured home park shall be equipped at all times with fire '
extinguishing equipment in good condition, of such size, type and
number and so located as to meet all regulations enforced by the '
Brunswick County Fire Marshall.
(7) All interior drives and walkways shall be lighted with electric lamps. ,
(8) Two metal garbage cans with tight fitting covers and a capacity of at
least twenty (20) gallons and not more than thirty (30) gallons shall be '
provided for each manufactured home space. Garbage cans shall be
located no further than 100 feet from any manufactured home space.
The cans shall be kept in sanitary condition in an approved rack at all
times.
(9) For the purpose of safety and meeting emergencies, one telephone for ,
each twenty-five (25), or fraction thereof, manufactured home spaces
shall continuously be provided to the entire occupancy of the park at
convenient locations. ,
9.4 Business Planned Building Group Regulations
The following planned building group regulations shall be adhered to in the ,
development of B-1 zoned property when more than one commercial building is to be
developed on a single parcel. '
Parking and '
Loading -- Five -tenths (5/10) of a parking space per 100 square feet of leasable
building area. One loading space for each 10,000 square feet of
enclosed leasable building space.
Screening and
Fencing -- A screen not less than six (6) feet high of dense plant material and/or '
fence where lot abuts a residentially zoned lot.
38
�

IPlans are required and must show:
Structures -
Location and approximate size of all existing and proposed structures
within the site, and all buildings and structures within 500 feet in
addition to public or private easements or rights -of -way adjoining or
'
intersecting such property.
Circulation -
Proposed points of access and egress and proposed pattern of internal
automobile and pedestrian circulation.
Parking and
Loading -
Location and extend of proposed parking and loading areas.
Other Details -
(1)
Proposed provision for storm drainage and sanitary sewerage, approved
by the Planning Board.
'
(2)
(3)
Size and proposed location of any signs.
Proposed solid waste storage facilities.
(4)
Proposed water system and fire fighting facilities such as hydrants or
'
(5)
sprinkler connections.
Types of surfacing, slope, grade and cross-section of drives, sidewalks,
malls, etc.
(6)
The location and heights of all fences, walls, and hedges shall be shown.
'
(7)
Profiles of publicly maintained water and sewer lines.
(8)
Profiles, cross -sections and slopes of on -site and off -site ditches carrying
water runoff.
'
(9)
Erosion and sedimentation control plan.
(10)
Lighting plan inclusive of wattage and illumination.
(11)
Installation of curb and gutter shall be mandatory.
(12)
Depict traffic control devices.
(13)
Points of access and egress shall consist of driveways or roadways at
'
least 20 feet in width and shall be set back a sufficient distance from
highway intersections to minimize traffic hazards, inconvenience, and
congestion.
'
(14)
Parking areas shall have a stabilized surface with parking space and
traffic lanes clearly marked.
'
Placement of
Buildings --
(1)
Exterior walls of unattached buildings shall be located no closer than a
distance equal to the height of the taller building.
(2)
Any courtyard created by the placement of the buildings shall have at
least 25% of its perimeter open for access by emergency vehicles.
1
39

'
ARTICLE 10. SPECIAL USES
'
10.1 Obiectives and Purpose
Permitted special uses add flexibility to the zoning ordinance. Subject to high
'
standards of planning and design, certain property uses are allowed in the several
districts where those uses would not otherwise be acceptable. By means of controls
exercised through the special use permit procedures, property uses which would
'
otherwise be undesirable in certain districts can be developed to minimize any bad
effects they might have on surrounding properties.
'
The uses for which special use permits are required are listed in this section,
along with a detailed description of the procedures which must be followed in the
approval of each such permit. Uses specified in this section shall be permitted only
,
upon the issuance of a special use permit.
10.2 Procedure for Special Use Permits Approved by the Planning Board
'
A special use permit may be issued by the Town Clerk after approval by the
Planning Board, for the uses as designated in the table of regulations for special uses.
The application for a special use permit shall accompany the application for a
,
Certificate of Occupancy/Compliance. The application for the special use permit shall
be filed fourteen (14) days prior to the date of review by the Planning Board. With the
exception of special use permit requests for the occupancy of individual manufactured
'
homes under the Hardship, Agricultural Areas Exception, of Office and Exhibition
provisions of this ordinance, the Planning board shall hold a public hearing prior to
rendering a decision on the approval of a special use permit. The special use permit,
if approved, shall include approval of such plans as may be required. In approving the
permit, the Planning Board shall find:
,
1 That the use will not materially endanger the public health safety or
() Y 9 P Y
general welfare if located where proposed and developed according to
the plan as submitted and approved;
'
(2) That the use meets all required conditions; ,
(3) That the use will not adversely affect the use or any physical attribute of
adjoining or abutting property, or that the use is a public necessity; and
(4) That the location and character of the use, if developed according to the
plan as submitted and approved, will be in harmony with the area in '
which it is to be located and in general conformity with the plan of
development of the Town of Belville.
40 ,

' In approving the special use permit, the Planning Board may designate such
conditions, in addition and in connection therewith, as will, in its opinion, assure that
' the use in its proposed location will be harmonious with the area in which it is
proposed to be located and with the spirit of this ordinance. All such additional
conditions shall be entered in the minutes of the meeting at which the special use
' permit is granted, recorded on the special use permit and on the approved plans
submitted therewith. All conditions shall run with the land and shall be binding on the
original applicant for the special use permit, the heirs, successors and assigns. In
' order to ensure that such conditions and requirements for each special use permit will
be fulfilled, the petitioner for the special use permit may be required to enter into a
contract with the Town of Belville providing for the installation of the physical
' improvements required as a basis for the issuance of the special use permit.
Performance of said contract shall be secured by cash or surety bond which will cover
the total estimated cost of the improvements as determined by the Planning Board;
' provided, however, that said bond may be waived by the Planning Board within its
discretion.
' If the Planning Board denies the special use permit, the reasons therefor shall
be entered in the minutes of the meeting at which the permit is denied.
In addition to the conditions specifically imposed by Article 10, and whatever
additional conditions the Planning Board deems reasonable and appropriate, special
' uses shall comply with the height, area and parking regulations of the zone in which
they are located.
' In the event of failure to comply with the plans approved by the Planning Board,
or with any other conditions imposed upon the special use permit, the permit shall
thereupon immediately become void and of no effect. No Certificate of
' Occupancy/Compliance for the special use permit shall be issued, and the use of all
completed structures shall immediately cease and not thereafter be used for any
purpose other than a use -by -right as permitted by the zone in which the property is
' located.
Where plans are required to be submitted and approved as part of the
' application for a special use permit, modifications of the original plans may be made
by the Planning Board.
41

10.3 Regulations for Special Uses
Detailed regulations for each special use are set forth in this section.
Use -- Cemetery
Approved by: Planning Board.
Special use districts: R-10 and MF.
Minimum lot area: None.
Parking and loading: Adequate off-street parking facilities for funeral
processions.
Screening and fencing: A screen of dense plant material not less than
six (6) feet high where cemetery abuts a residential lot.
Plans are required and must show:
Topography: Well drained site with adequate storm drainage
facilities.
Structures: Location of signs, entrance and buildings must be
shown on the plan.
Circulation: Proposed points of access and egress and pattern of
internal circulation, and funeral procession route, if possible.
Other details:
(1) Proposed restrictions, if any.
(2) Maximum size of sign shall be thirty-six (36) square feet,
and there is a limit of one sign per street frontage.
Use -- Day Care Center (including kindergarten)
Approved by: Planning Board.
Special use districts: R-10, MF and B-1.
Minimum lot area: Same as by zoning district requirement.
Parking and loading: One space for each adult attendant and one space
for every six (6) children or fraction thereof.
42

Plans are required and must show:
' Structures: Location and approximate size of all existing proposed
buildings and structures within the site and on the lots adjacent
thereto.
Circulation: Proposed points of access and
egress and pattern of
9
internal circulation.
Parkin and Loading: Layout of parking spaces.
9 9 Y p 9 p
Other details:
(1) Location and extent of open play area.
(2) Day care center shall provide one hundred (100) square feet
'
of outdoor play space per pupil.
3 Outdoor la area shall be enclosed b a solid or open
( ) play Y p
'
fence or wall at least four (4) feet in height. Where the
outdoor play area is directly adjacent to a residentially used
or zoned lot(s), a solid fence or wall at least six (6) feet
high or the maximum applicable fence/wall height
'
limitations, or an open fence at least four (4) feet high and
a screen planting designed to grow three (3) feet thick and
'
six (6) feet high, shall be erected. The Board of Adjustment
may at its discretion require additional screening and/or
fencing to be located adjacent to abutting nonresidential
land uses.
(4) In residential districts, a day care center shall not be
operated between the hours of 7:00 p.m. and 7:00 a.m.
Use -- Manufactured Home (Individual) for Office and/or Exhibition
'
Approved by: Planning Board.
Special use district: B-1 and 1-1.
Minimum lot area: None.
Parking: One space for each person employed in the office at any given
time during a twenty-four (24) hour period.
'
Office and Exhibition Exception
A temporary Certificate of Occupancy/Compliance allowing manufactured
'
homes used solely as offices or for purposes of exhibition to be
43

temporarily parked, maintained and/or occupied on a designated lot or
land location, may be issued by the Town Clerk where the Board of
Adjustment finds as a fact that the use of such manufactured home does
not violate the town, state, or Brunswick County health regulations. All
such Certificates of Occupance/Compliance shall be valid for a period of
twelve months, after which they may be renewed upon similar evidence
of use of such manufactured home.
Notwithstanding the foregoing, a Certificate of Occupancy/Compliance
may be issued for a manufactured home for use as a temporary field
office for contractors by the Town Clerk without approval of the Board
of Adjustment if the manufactured home:
1. and the structure under consideration are located on the same
property;
2. is not moved to the site more than thirty (30) days prior to
construction and is not removed later than thirty (30) days after
construction has been completed;
3. is not used for any other purpose other than that connected with
on -site construction;
4. is justified by the size and nature of the construction project; and
5. is for a period not to exceed eighteen months;
6. is utilized only incidental to on -site construction during daylight
hours and not for residential living quarters;
7. sanitary facilities are connected with an approved sewer system.
Use -- Manufactured Home (Individual) for Temporary Residential Occupancy
Approved by: Planning Board.
Special use district: R-10.
Parking: Two spaces for each manufactured home.
Individual Manufactured Homes
Manufactured homes, as defined, when used for dwelling purposes may
be located only within an approved manufactured home park, except
when a Hardship Exception is approved by the Planning Board, as
provided below.
11
n
44

1 Hardship Exception
' A temporary Certificate of Occupancy/Compliance for parking a
manufactured home for use for dwelling purposes to the rear or side of
a dwelling and located on the same residential lot as said dwelling may
' be issued by the Town Clerk in certain hardship cases where the
Planning Board finds each item below as a fact:
That the person or persons occupying the manufactured home are
physically dependent upon the person or persons occupying all of
a portion of the dwelling house, or that the person or persons
' occupying all or a portion of the dwelling house are physically
dependent upon the person or persons occupying the
manufactured home;
2. That the person or persons occupying the manufactured home
and/or dwelling house cannot, because of financial or other
conditions, move to avoid hardship, necessitating parking the
manufactured home adjacent to the dwelling house;
3. That the parking of the manufactured home adjacent to the
dwelling house will not create unhealthy or unreasonable living
standards; and
4. That the manufactured home is parked in a location approved in
advance by the Planning Board.
All such Certificates of Occupancy/Compliance shall be valid for a period of
' eighteen (18) months, after which they shall be renewed only upon a similar finding
of facts by the Planning Board. If during any time that a Certificate of Occupancy/
Compliance is valid and outstanding, any of the foregoing conditions cease to be
' complied with, or the hardship is removed, the Certificate of Occupancy/Compliance
shall automatically be revoked and the manufactured home removed.
Use -- Nursing Home, Home for the Aged, Home Care
Approved by: Planning Board.
Special use district: MF.
' Minimum lot area: Minimum lot area of district in which located plus one
thousand (1,000) square feet for each person to be accommodated. The
minimum lot size shall be ten thousand (10,000) square feet.
Parking: One space for each regular employee plus one space for each
' four (4) persons to be accommodated.
45

Plans are required and must show:
Topography: Well drained site with adequate storm drainage
facilities.
Structures: Location and approximate size of all existing and
proposed buildings and structures within the site.
Circulation: Proposed points of access and egress and pattern of
internal circulation.
Parking and loading: Layout of parking spaces.
Other requirements:
(1) Must meet all requirements for licensing by the State of North
Carolina.
(2) Types of surfacing, slope, grade and cross-section of drives,
sidewalks, walls, etc.
(3) Erosion and sedimentation control plan'approved by the Brunswick
County Soil Conservation Service .Office when new construction
occurs.
(4) Lighting plan inclusive of wattage and illumination.
(5) Size and proposed location of any signs.
(6) Proposed solid waste storage facilities.
Use -- Private Recreation Club or Swimming Club, Not Operated as a Business
for Profit
Approved by: Planning Board.
Special use districts: R-10, MF, B-1 and 1-1.
Minimum lot area: Swimming club -- one (1) acre for each forty club
members (or families). Private nonprofit clubs having only a swimming
pool with bathhouse facilities and open only during the swimming season
are exempt from the minimum lot area requirement if all activities and
facilities (other than parking) are located no closer than fifty (50) feet to
any property line.
Parking: One (1) space for each five (5) members (or families).
Screening and fencing: The swimming pool area shall be enclosed by
fencing not less than five (5) feet in height.
Plans are required and must show:
46

' Structures: Location and approximate size of all existing and
proposed structures and playfields on the site.
' Parking: Layout of parking spaces and traffic circulation.
' Other requirements:
(1) No improvements, structures, sidewalks or play areas or
' equipment shall be closer than fifty .(50) feet to any adjoining
property lines.
' (2) Adjacent to swimming pools there shall be provided paved patio
area(s).
' (3) Lights shall be located and shielded so as not to adversely affect
adjacent property.
' Use -- Public or Private Electrical Utility Station or Substation
Approved by: Planning Board.
1
Special use district: All zoning districts.
Minimum lot area: One-half acre for public utility station.
' Parking and Loading: One (1) space for each regular employee employed
primarily at the site at any given time.
Screening and Fencing: A screen of not less than six (6) feet in height
of dense plant material shall be provided where lot abuts a residential lot.
Electrical substations shall be enclosed by a fence not less than eight (8)
' feet in height with three strands of barbed wire turned out at the top.
Plans are required and must show:
' Structures: Location of existing and proposed structures within
the site, and all buildings and structures within 100 feet.
' Circulation: Proposed points of access and egress.
' Parking and loading: Location and arrangement of all proposed
off-street parking.
' Other Details: Proposed provisions for fencing and other
protective screening at the lot lines adjacent to abutting residential
property.
47

Use -- School; Private, Elementary, or Secondary
Approved by: Planning Board.
Special use districts: R-10 and MF.
Minimum lot area: Five (5) acres.
Parking and loading: Two spaces for each regular employee.
Plans are required and must show:
Structures: Location and approximate size of all existing and
proposed buildings and structures within the site and on the lots
adjacent thereto.
Circulation: Proposed points of access and egress and pattern of
internal circulation.
Parking and Loading: Layout of parking spaces.
Other Details: Location and extent of open play area.
Use -- Telephone Exchange Operation
Approved by: Planning Board
Special use districts R-10 and MF.
Minimum lot area: One (1) acre.
Parking and Loading: One (1) space for each two regular employees.
Screening and Fencing: A screen of not less than six (6) feet in height
of dense plant material shall be provided where lot abuts a residential lot
or a lot zoned exclusively for residential purposes.
Plans are required and must show:
Structures: Location of existing and proposed structures within
the site, and all buildings and structures within the site.
Circulation: Proposed points of access and egress.
Parking and loading: Location and arrangement of all proposed
off-street parking.
48

Other Details: Proposed provisions for fencing and other
protective screening at the lot lines adjacent to abutting residential
property.
49

1
ARTICLE 11. OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS '
11.1 General Regulations '
If structures or uses are enlarged, expanded or changed, there shall be provided ,
off-street parking for the enlargement or expansion in accordance with the ratios
contained herein. If existing land uses are converted to another type of land use or
classified by the ordinance, then the off-street ratios as contained herein must be '
complied with.
Off-street parking space (either garage or properly graded open space) shall be '
provided in accordance with the requirements set forth below in all classes of districts.
In cases where different parking and/or loading ratios are specified in Article 10 (Table '
of Regulations for Special Uses), those ratios shall have precedence over the parking
ratios specified in this section.
Each application for a Certificate of Occupancy/Compliance submitted to the '
Town Clerk as provided for in Article 6 shall include information as to:
-- location and dimensions of off-street parking and loading space, '
-- distance between that parking/loading space and the street or alley,
-- ingress and egress of the property. '
This information shall be in sufficient detail to enable the Planning Board or its
authorized agents to determine whether or not the requirements of this ordinance are '
met.
The Certificate of Occupancy/Compliance for the use of any building, structure '
or land where off-street parking or loading space is required should be withheld by the
Town Clerk until provisions of this section are fully met. If at any time such
compliance ceases, any Certificate of Occupancy/Compliance which shall have been
issued for the use of the property shall immediately become void and of no effect.
Where parking or loading areas are provided adjacent to a public street, ingress '
or egress thereto shall be made only through driveways or openings not exceeding 25
feet in width at the curb line of said street, except when the Planning Board or its
authorized agent finds that a greater width is necessary to accommodate the vehicles '
customarily using the driveway.
No part of an off-street area required for any building or use for the purpose of '
complying with the provisions of off-street parking requirements in this ordinance shall
be included as part of any off-street parking area similarly required for another building ,
or use unless the times of usage of such buildings or uses will not be simultaneous.
Off-street parking space shall be located on the same lot as the use for which ,
provided or on a separate lot within 200 feet of any entrance to a building, provided
50 '

that such parking space land is owned by the owner of the building or leases for the
same period of time as the building.
' The off-street parking requirements for two or more uses on the same lot may
be combined and used jointly, provided that the parking space shall be adequate in
' area to provide the same total off-street parking requirements with all such uses.
No parking shall be provided that would necessitate the automobile backing
onto any street right-of-way. Sufficient maneuvering space shall be provided on the
lot to enable the motorist to enter all street rights -of -way in a forward direction, with
the exception of individual residential lots located in an R-10 zone.
All off-street parking spaces shall be provided with wheel or bumper guards so
located that no part of parked vehicles will extend beyond the parking space onto any
' public right-of-way.
An off-street parking space shall not be less than the site required below for the
'
angle parking shown.
Angle
Stall Width
Curb Length per Stall Depth
'
(degrees)
feet
Car (feet) feet
00
8'
23' 8'
'
200
8'
23' 6" 14'
300
8'
16' 161611
'
450
8'
1114" 1912"
600
8'
9'4" 2016"
'
700
8'
8'6" 20' 10"
900
8'
8' 19,
'
11.2 Parkinq Ratios
'
Auditorium, Stadium or
Theater
One (1) space for each five (5) seats
Churches
One (1) parking space for each four (4)
seats in the congregation meeting area
'
Clinics, Medical
Four (4) spaces for each doctor plus (1)
space for each employee
'
Community or Private
Swimming Clubs
One (1) space for every 5 membership
Day Care Center
One (1) space for each, adult attendant
'
and one (1) space for every six children
or fraction thereof
'
51

Dwelling Unit having Home Beauty or
Barber Shop
Elementary School
Industries
Institutions and Clubs
Motels, Tourist Homes and Boarding
Houses
Offices
Residence, Single Family
Residence, Duplex
Residence, Multi -Family
Restaurants or Other Eating Places
Retail Business
Wholesale establishments,
warehouses, and other businesses not
catering to retail or package trade
Two additional spaces
Three (3) spaces for each room used
for administration offices or class
instruction, or one (1) space for each
six seats in auditoriums and other
places of assembly or facilities
available for the public, whichever is
greater
One (1) space for every 1.5 employees
during maximum employment, and one
(1) space for every truck to be stored
or stopped simultaneously
One (1) space for every five seats in
principal assembly room
One (1) space for every rental room
One (1) space for every 250 square
feet of gross floor area
Two (2) spaces
Four(4)spaces
Two and one-half (2-1 /2) spaces for
each dwelling unit
One (1) space for each four (4) seats
One -Half space for every 100 square
feet of gross floor area; one (1) space
minimum
One (1) space for every three
employees during maximum
employment, and one (1) space for
every truck to be stored or stopped
simultaneously
Special situations which are not covered by the above shall be handled by the
Board of Adjustment. The Board of Adjustment shall make the final determination as
to the number of spaces to be required, but shall in all cases give due consideration
to the needs.
52

IARTICLE 12. SIGN REGULATIONS
' 12.1 General Regulations
' These regulations shall apply in all districts. With the exception of legal notices,
identification, information, directional or regulatory signs erected or required by
governmental bodies or otherwise specifically excepted herein, no exterior sign may
' be erected, painted, repainted, posted, reposted, placed, replaced, or hung in any
district, except in compliance with these regulations.
' With the exception of those signs specifically authorized in the preceding
paragraph, no sign maybe erected without a permit from the Town Clerk. Application
for permits shall be submitted on forms obtainable at the office of the Town Clerk.
' Each application shall include a statement by the applicant attesting to compliance
with the requirements of this ordinance. If conditions warrant, the Town Clerk may
require such additional information as will enable him to determine if such sign is to
' be erected in conformance with this ordinance.
' No sign shall be permitted on any public right-of-way except as specifically
authorized herein. No sign shall be attached to or painted on any telephone pole,
power pole, or other manmade object not intended to support a sign, nor on any tree,
' rock or other natural object, except as specifically authorized herein.
Signs shall not obstruct any window, door, fire escape, stairway, ladder or
' opening intended to provide light, air, ingress or egress for any building, structure or
lot. No sign shall:
(1) be erected or continued that would tend by its location, color or nature,
to be confused with or obstruct the view of traffic signs or signals, or
would tend to be confused with a flashing light of an emergency vehicle;
' or
(2) Use words such as "stop," "go," "slow," "danger," etc., which might be
' confused with traffic directional signs or signals; or
(3) Obstruct the line of sight of motorists at intersections or along a public
' right-of-way.
All signs of a temporary nature shall be removed within one week after their
' reason for being has ceased to exist; provided, however, that when a shorter period
of time is specified for removal of signs elsewhere in this ordinance, the shorter time
period shall be observed.
' All signs shall be maintained in a state of good repair., No sign shall be
continued which becomes structurally unsafe or endangers the safety of the public or
' property. The Planning Board or its authorized agent, upon discovering or having
' 53

brought to its attention evidence of an unsafe sign, shall order that such sign be made '
safe or be removed. A period of five (5) days following receipt of said notice by the
person, firm, or corporation owning or using the sign shall be allowed for compliance. '
12.2 Proiecting Signs and Devices
Projecting signs, outdoor advertising signs and similar overhanging devices t
1 9 9 9 9 9 9
where they are permitted, shall be at least ten (10) feet above the finished grade of
any sidewalk or other walkway. Signs attached to the underside of a canopy shall be '
at least nine (9) feet above the finished grade of any sidewalk or other walkway. No
sign shall extend closer than two (2) feet to a vertical plane at any street curb line. '
Signs and canopies which extend into service street and alley rights -of -way shall not
interfere with passage of motor carriers using the service entrances to the rear and
side of commercial establishments adjacent to such rights -of -way.
12.3 Area Computation
For the purposes of this ordinance, the square footage area of any sign shall be '
computed by the smallest square, triangle, rectangle, circle, or combination thereof
which will encompass all words, numbers, and symbols situated on the sign including ,
lattice work and wall work, incidental to decoration.
12.4 Sign
Illumination
'
Where illuminated signs are permitted, they shall conform to the following
criteria:
'
(1)
Illuminated signs may have either interior or exterior source of
illumination or a combination of both.
'
(2)
Interior illumination, where the source of illumination is from within the
sign itself, shall be such that the illumination emanating from the sign is
'
diffused.
(3) Exterior illumination, where the source of illumination is provided by such '
devices as, but not limited to, flood or spot lights, shall be so placed and
shielded as to prevent the direct rays of illumination from being cast
upon neighboring buildings and/or vehicles approaching on a public right- ,
of -way from either direction.
(4) Illumination signs are required to be non -flashing; the illumination for the '
sign shall not, either totally or in part, flash on and off except for public
service information signs as regulated by section 12.10. '
54 1

1
' 12.5 Conditional Setback
' If the lot on which a sign is to be located is zoned other than residential, but is
immediately adjacent to a lot zoned solely for residential use, the distance of at least
twenty (20) feet shall intervene between the closest part of such sign and the
' adjacent lot line of the property in the residential zone. Provided further that all
outdoor advertising signs shall conform to section 12.9 of this ordinance which
requires such signs to maintain a 150 foot setback from a lot zoned exclusively for
' residential purposes.
12.6 Multi -Family Development Identification Sign Regulations
' One identification sign shall be allowed for each multi -family development per
street frontage, provided that it does not exceed thirty-six (36) square feet in area,
' and does not contain more than the following information:
-- Name and address of the multi -family development.
' -- Type of units available.
-- Name and address of agent.
-- Telephone number.
Said sign may be either attached flat against the wall of the structure or be
' freestanding; if freestanding, the sign shall be set back at least five (5) feet from the
street right-of-way and shall be no more than six (6) feet in height above the ground.
Applicable side yard setbacks for buildings shall also be adhered to.
12.7 Permanent Subdivision Sign Regulations
Permanent subdivision identification signs having a maximum sign area of thirty-
six (36) square feet may be erected. There shall be a limit of one double -face sign or
two single -face signs (if two single -face signs are employed, maximum area per sign
' is 18 square feet) for each street entrance into the development identified by the sign.
The sign shall be set back at least five (5) feet from the street right-of-way line.
Applicable side yard setbacks for buildings shall also be adhered to.
12.8 Signs Not Reguiring a Permit from the Town Clerk
Identification Signs - Signs not exceeding two (2) square feet in area and
bearing only property numbers, post office box numbers, names of occupants of
premises, or other identification of premises shall not require a permit.
Temporary Real Estate Sign - One (1) temporary real estate sign not exceeding
four (4) square feet of sign area per minimum area of the zone in which located plus
' four (4) square feet of sign area per additional 5,000 square feet of lot up to a
maximum of 72 square feet of sign area may be placed on a property that is for sale,
lease, rent or barter. When the property on which said sign is placed fronts on more
1
55

than one (1) street, one (1) such sign shall be allowed on each street frontage. Such '
9 9
signs shall not be illuminated.
Construction Sign - One 1 temporary construction site si n 'ma ,
9 O P Y g y be erected on
the site during the period of construction or reconstruction to announce the name of
the owner and/or developer, contractor, architect, land planner, landscape architect, ,
engineer, and development. Such signs shall be removed within two (2) days after
the construction work has been completed. Maximum size of construction signs shall
be as follows: '
a. In residential zones, twenty-four (24) square feet. '
b. In all other zones, seventy-two (72) square feet.
Construction signs in residential zones shall not be illuminated. '
Directional or Information Sign - No permit shall be required for directional or
information signs of a public or quasi -public nature, and such signs shall not exceed '
eight (8) square feet in area relative to items 1 and 2 listed below. Those signs may
be illuminated in conformance with Article 12.10 of this ordinance or they may be of
the beaded reflector type. Such signs shall only be used for the purpose of stating or I
calling attention to:
(1) The name or location of a city, town, village, hospital, community center, I
public or private school, church or other place of worship;
(2) The name or place of meeting of an official or civic body, such as the '
Chamber of Commerce, Rotary, Lions or Kiwanis Club.
In order to announce an event of public interest such as a local or county fair, '
pageant, public or general election, horse show, etc., permission should be obtained
from the Board of Commissioners to mount, erect or maintain over a public street or
right-of-way, any sign announcing events of public interest such as events or any ,
banner or decoration such as, but not limited to, Christmas decorations.
Incidental Signs - The following incidental signs as described are allowed: '
(1) One incidental professional announcement sign. '
(a) In residential districts, such signs shall not exceed one (1) square
foot in area, shall be flat mounted against the building, and shall '
not be illuminated.
(2) Any sign not exceeding one and one-third (1-1/3) square feet in area. I
There shall be a limit of three such signs per lot.
56 1

12.9 Outdoor Advertising Signs
' Outdoor advertising signs shall be permitted in B-1 and 1-1 districts. For the
purposes of this ordinance, the following shall be considered as one outdoor
advertising sign:
-- Side -by -side signs if structurally tied together.
' -- V-type and back-to-back signs if not located more than fifteen (15) feet
apart at the nearest points of each sign.
Setback -
Outdoor advertising signs shall observe all setback requirements of the districts
in which they are located, provided further that in those districts having no
' setback requirements, an outdoor advertising structure shall not be located
closer than twenty (20) feet to any street right-of-way line. In any case, no
outdoor advertising structure shall be located closer than one hundred fifty
(150) feet to a lot zoned exclusively for residential purposes.
' Size - Outdoor advertising signs shall not exceed eight hundred (800) square feet in
area.
' Location -
Outdoor advertising signs on either side of a thoroughfare shall not be located
nearer to another advertising sign on the same side of the street than two
' hundred (200) feet.
Requirements
' Outdoor advertising signs attached to a building structure shall not be higher
than the wall to which they are attached. Outdoor advertising signs shall not
be mounted on the rooftop of any building.
12.10 Public Service Information Signs
' Public service information signs are those signs which display public service
information such as time, date, temperature, weather, or other similar information.
These shall be allowed in the B-1 and 1-1 zoning districts. Public service information
' signs shall be allowed to be flashing signs. Public information signs will conform to
the size and height requirements for the zone in which they are located.
' 12.11 Business Identification Signs
Business identification signs shall be subject to the limitations in the Table of
' Business Sign Requirements. All business identification signs itemized in this table
may be illuminated.
1
57

Number of Signs
Permitted
District (see Note 2)
B-1 One flush mounted or
projecting sign per
establishment.
1-1
Note 1.
Note 2.
AND
One freestanding sign
per separate lot of
record.
One flush mounted or
projecting sign per
establishment.
TABLE OF BUSINESS SIGN REQUIREMENTS
Total Area of Signs
Permitted
(see Notes 1 and 2)
One (1) square foot per
linear foot of building
frontage allotted to each
establishment.
One (1) square foot per
linear foot of lot frontage.
One (1) square foot per
linear foot of building
frontage allotted to each
establishment.
Locational Requirements Additional Requirements
Maximum height of two
hundred (200) feet and
two (2) feet from a
property line relative to
freestanding signs.
AND
One freestanding sign One (1) square foot per Maximum height of two
per separate lot of linear foot of lot frontage. hundred (200) feet and
record and per five (5) feet from a
establishment. property line relative to
freestanding signs.
Marquees for indoor theaters in the B-1 zoning district shall not be subject to the sign area limitations.
Establishments developed on a corner lot may have one additional sign having one (1) square foot of sign area per
linear foot of the building's corner side in addition to the specified total number of area of signs permitted. Such
signs shall be flush mounted and be affixed to said corner side.
Im

IARTICLE 13. NONCONFORMING SITUATIONS
' 13.1 Definitions
Unless the context clearly indicates otherwise, the terms defined below are
used in this section in the following manner:
(a) Nonconforming Situations -- A situation that occurs when, on the
' effective date of this ordinance or any amendment to it, an existing lot
or structure or use of an existing lot or structure does not conform to
one or more of the regulations applicable to the district in which the lot
or structure is located. Among other possibilities, a nonconforming
situation may arise because a lot does not meet minimum acreage
requirements, because structures do not satisfy maximum height or
' minimum floor space limitations, because the relationship between
existing buildings and the land (in such matters as density and setback
requirements) is not in conformity with the ordinance, or because land
' or buildings are used for purposes made unlawful by the ordinance.
(b) Nonconforming Use -- A nonconforming situation that occurs when
' property is used for a purpose or in a manner made unlawful by the use
regulations applicable to the district in which the property is located.
' (For example, a commercial office building in a residential district may be
a nonconforming use.) The term also refers to the activity that
constitutes the use made of the property. (For example, all the activity
' associated with running a bakery in a residentially zoned area is a
nonconforming use.)
(c) Dimensional Nonconformity -- A nonconforming situation that occurs
when the height, size, or minimum floor space of a structure or the
relationship between an existing building or buildings and other buildings
or lot lines does not conform to the regulations applicable to the district
in which the property is located.
'
(d) Nonconforming Lot -- A lot existing at the effective date of this ordinance
or any amendment to it (and not created for the purpose of evading the
restrictions of this ordinance) that cannot meet the minimum area or lot
'
width requirements of the district in which the lot is located.
(e) Ordinance -- This ordinance, including any amendments. Whenever the
'
effective date of the ordinance is referred to, the reference includes the
effective date of any amendment to it.
'
(f) Nonconforming Project -- Any structure, development, or undertaking
that is incomplete at the effective date of this ordinance and would be
inconsistent with any regulation applicable to the district in which it is
located if
completed as proposed or planned.
1
59

(g) Expenditure -- A sum of money paid out in return for some benefit or to
fulfill some obligation. Whenever the term is used hereafter, it also
includes binding, contractual commitments to make future expenditures,
as well as any other substantial changes in position.
13.2 Continuation of Nonconforming Situations and Completion of Nonconforming
Projects
Nonconforming situations that were otherwise lawful on the effective date of
this ordinance may be continued, subject to the restrictions and qualifications set forth
in sections 13.3 through 13.8 of this article.
Nonconforming projects may be completed only in accordance with the
provisions of section 13.8 of this article.
13.3 Nonconforming Lots
(a) When a nonconforming lot can be used in conformity with all of the
regulations (other than the area or width requirements) applicable to the
district in which the lot is located, such a use may be made as of right.
Otherwise, the nonconforming lot may be used only in accordance with
a special use permit issued by the Board of Commissioners. The board
shall issue such a permit if it finds that (1) the proposed use is one
permitted by the regulations applicable to the district in which the
property is located, and (2) the property can be developed as proposed
without any significant negative impact on the surrounding property or
the public health, safety, or welfare. In issuing the permit authorized by
this paragraph, the board may allow deviations from applicable
dimensional requirements (such as setback lines and yard size minimums)
if it finds that no reasonable use of the property can be made without
such deviations.
(b) Whenever this ordinance creates a nonconforming lot and the owner of
the nonconforming lot also owns land adjacent to it, and a portion of this
other land can be combined with the nonconforming lot to create a
conforming lot (without hereby creating other nonconformities), the
owner of the nonconforming lot, or his successor in interest, may not
take advantage of the provisions of the paragraph (a) of this section.
13.4 Extension or Enlargement of Nonconforming Situations
(a) Except as specifically provided in this subsection, it shall be unlawful for
any person to engage in any activity that causes an increase in the
extent of nonconformity of a nonconforming situation.
(b) Subject to paragraph (d) of this subsection, a nonconforming use may be
extended throughout any portion of a completed building that, when the
60 1

' use was made nonconforming by this ordinance, was manifestly
designed or arranged to accommodate such use. However, subject to
' Subsection 13.8 of this section (authorizing the completion of
nonconforming projects in certain circumstances), a nonconforming use
may not be extended to additional buildings or to land outside the original
building.
(c) Subject to Section 13.8 of this ordinance (authorizing the completion of
' nonconforming projects in certain circumstances), a nonconforming use
of open land may not be extended to cover more land than was occupied
by that use when it became nonconforming, except that a use that
' involves the removal of natural materials from the lot may be expanded
to the boundaries of the lot where the use was established at the time
it became nonconforming, if 10 percent or more of the earth products
had already been removed at the effective date of this ordinance.
'
(d) The volume, intensity, or frequency of use of property where a
nonconforming situation exists may be increased and the equipment or
processes used at a location where a nonconforming situation exists may
'
be changed if these or similar changes amount only to changes in the
degree of activity rather than changes in kind and no violations of other
paragraphs of this section occur.
'
(e) Physical alternation of structures or the placement of new structures on
open land are unlawful if they result in:
'
-- An increase in the total amount of space devoted to a
nonconforming use;
-- Greater nonconformity with respect to dimensional restrictions
such as yard requirements, height limitations, or density
requirements; or
-- The enclosure of previously unenclosed areas, even though those
areas were previously used in connection with the nonconforming
activity. An area is unenclosed unless at least 75 percent of the
perimeter of the area is marked by a permanently constructed wall
'
or fence.
(f) Minor repairs to and routine maintenance of property where
' nonconforming situations exist are permitted and encouraged. Major
renovation -- i.e., work estimated to cost more than 10 percent of the
appraised value of the structure to be renovated (and not required by the
' partial or total destruction of a structure [see paragraph h]) -- may be
done pursuant to a special use permit issued by the Board of Adjustment.
The Board of Adjustment shall issue such a permit if it finds that the
' work will not result in a violation of any other paragraphs of this section
1 61

(particularly paragraph c) or make the property more incompatible with
the surrounding neighborhood.
(g) Notwithstanding paragraph (e), any structure used for single-family
residential purposes and maintained as a nonconforming use may be
replaced with a similar structure of a larger size, so long as the
replacement does not create new nonconformities or increase the extent
of existing nonconformities with respect to yard size and setback
requirements. In particular, a manufactured home may be replaced with
a larger manufactured home, and a "single -wide" manufactured home
may be replaced with a "double -wide. This paragraph is subject to the
limitations stated in section 13.6 on abandonment and discontinuance of
nonconforming situations.
(h) A structure that is nonconforming in any respect or a structure that is
used in a nonconforming manner may be reconstructed or replaced if
partially or totally destroyed, subject to the following restrictions:
-- The total amount of space devoted to a nonconforming use may
not be increased, except that a larger, single-family residential
structure may be constructed in place of a smaller one and a larger
manufactured home intended for residential use may replace a
smaller one;
-- The reconstructed building may not be more nonconforming with
respect to dimensional restrictions such as yard requirements,
height limitations, or density requirements, and such dimensional
nonconformities must be eliminated if that can reasonably be
accomplished without unduly burdening the reconstruction
process or limiting the right to continue the nonconforming use of
such building;
-- The reconstructed building may not enclose areas that were
previously unenclosed, even though those areas were used in
connection with the nonconforming activity. An area is
unenclosed unless at least 75 percent or more of the perimeter of
the area is marked by a permanently constructed wall or fence.
(i) Except for single-family residential structures (including manufactured
homes), if the estimated cost of the reconstruction work exceeds 10
percent of the appraised value of the structure, the work may be done
only after issuance of a permit by the Board of Adjustment. The Board
shall issue the special use permit if it finds that the work will be done in
accordance with this paragraph and that the reconstructed building will
not make the property more incompatible with the surrounding property
than it was before the destruction occurred.
11
62

t13.5 Change in Kind of Nonconforming Use
I(a) A nonconforming use may be changed to a conforming use. Thereafter,
the property may not revert to a nonconforming use.
' (b) A nonconforming use may be changed to another nonconforming use
only in accordance with a special use permit issued by the Board of
Adjustment. The Board shall issue such a permit if it finds that the
t proposed use will be more compatible with the surrounding neighborhood
than the use in operation at the time the application is made for the
permit. If a nonconforming use is changed to any use other than a
conforming use without obtaining a special use permit pursuant to this
paragraph, that change shall constitute a discontinuance of the
nonconforming use, with consequences as stated in section 13.6 of this
tarticle.
(c) If a nonconforming use and a conforming use, or any combination of
' conforming and nonconforming uses, or any combination of
nonconforming uses exist on one lot, the use made of the property may
be changed substantially (except to a conforming use), only in
' accordance with a special use permit issued by the Board of Adjustment.
The board shall issue such a permit if it finds that the proposed use will
' be more compatible with the surrounding neighborhood than the use or
combination of uses in operation at the time the permit is applied for.
' 13.6 Abandonment or Discontinuance of Nonconforming Situations
(a) When a nonconforming use is (1) discontinued for a consecutive period
' of 180 days, or (2) discontinued for any period of time without a present
intention to reinstate the nonconforming use, the property involved may
thereafter be used only for conforming purposes, except as provided in
' paragraph (b) of this section.
(b) The Board of Adjustment may issue a special use permit to allow a
nonconforming use that has been discontinued for more than 180
consecutive days to be reinstated if it finds that (1) the nonconforming
use has been discontinued for less than two years, and (2) the
I
discontinuance resulted from factors that, for all practical purposes, were
beyond the control of the person maintaining the nonconforming use.
' (c) If the principal activity on property where a nonconforming situation
other than a nonconforming use exists is (1) discontinued for a
consecutive period of 180 days, or (2) discontinued for any period of
' time without a present intention of resuming that activity, then that
property may thereafter be used only in conformity with all of the
regulations applicable to the district in which the property is located,
tunless the Board of Adjustment issues a special use permit to allow the
63
t

property to be used (for a conforming purpose) without correcting the
nonconforming situation. The Board shall issue such a permit if it finds '
that (1) the nonconforming situation cannot be corrected without undue
hardship or expense, and (2) the nonconforming situation is of a minor
nature that does not adversely affect the surrounding property or the ,
general public to any significant extent.
(d) For purposes of determining whether a right to continue a nonconforming
situation is lost pursuant to this section, all of the buildings, activities, '
and operations maintained on a lot are generally to be considered as a
whole. For example, the failure to rent one apartment in a '
nonconforming apartment building or one space in a nonconforming
manufactured home park for 180 days shall not result in a loss of the
right to rent that apartment or space thereafter so long as the apartment '
building or manufactured home park as a whole is continuously
maintained. But if a nonconforming use is maintained in conjunction with
a conforming use, discontinuance of a nonconforming use for the '
required period shall terminate the right to maintain it thereafter. And so,
if a manufactured home is used as a nonconforming use on a residential
lot where a conforming residential structure also is located, removal of ,
that manufactured home for 180 days terminates the right to replace it.
(e) When a structure or operation made nonconforming by this ordinance is ,
vacant or discontinued at the effective date of this ordinance, the
180-day period for purposes of this section begins to run at the effective
date of this ordinance. '
13.7 Termination of Nonconforming Situations
Subject to all other terms and conditions of Article 15 of this ordinance '
,
nonconforming situations shall not be subject to specific time limitations for permanent
discontinuation; except for nonconforming junk yards, to include nonconforming uses '
and situations, which shall be completely removed within three (3) years following the
effective date of this ordinance. '
13.8 Completion of Nonconforming Proiects
(a) All work on any nonconforming project shall cease on the effective date
'
of this ordinance. Thereafter, work on nonconforming projects may
begin, or may be continued, only pursuant to a special use permit issued
,
by the Board of Adjustment (except as provided in paragraph (b) of this
section). The Board shall issue such a permit if it finds that the applicant
has in good faith made substantial expenditures or incurred substantial
'
binding obligations or otherwise changed his position in some substantial
way in reasonable reliance on the land use law as it existed before the
effective date of this ordinance and thereby would be unreasonably
'
prejudiced if not allowed to complete his project as proposed. In
64
'

considering whether these findings may be made, the Board shall be
guided by the following:
' -- To the extent that expenditures are recoverable with a reasonable
effort, a party shall not be considered prejudiced by having made
those expenditures. For example, a party shall not be considered
prejudiced by having made expenditure to, acquire a potential
development site if the property obtained is just as valuable under
I
the new classification as it was under the old, for the expenditure
can be recovered by resale of the property.
'
-- An expenditure shall be considered substantial if it is significant
both in dollar amount and in terms of (1) the total estimated cost
of the proposed project, and (2) the ordinary business practices of
the developer.
'
-- A person shall be considered to have acted in good faith if actual
knowledge of a proposed change in the land use law affecting the
proposed development site could not be attributed to him.
'
-- Even though a person had actual knowledge of a proposed change
in the land use law affecting a development site, the Board may
' still find that he acted in good faith if he did not proceed with his
plans in a deliberate attempt to circumvent the effects of the
proposed ordinance. The Board may find that the developer did
' not proceed in an attempt to undermine the proposed ordinance
if it determines that (1) at the time the expenditures were made,
either there was considerable doubt about whether any ordinance
' would ultimately be passed, or it was not clear that the proposed
ordinance would ultimately be passed, or it was not clear that the
proposed ordinance would prohibit the intended development; and
(2) the developer had legitimate business reasons for making
expenditures.
' (b) The requirements of paragraph (a) of this section shall not apply to a
nonconforming project if the Building Inspector certifies that actual
construction of that project began at least 180 days before the effective
' date of this ordinance and that the work is at least 75 percent complete
at the effective date of this ordinance.
' (c) The Board of Adjustment shall not consider any application for a special
use permit authorized by paragraph (a) of this subsection that is
submitted more than 90 days after the effective date of this ordinance,
' unless it waives this requirement for good cause shown.
(d) If the Board of Adjustment issues a special use permit pursuant to
' paragraph (a) of this section, it may attach such reasonable conditions
1
65

(e)
to the permit as it finds necessary to reduce the extent to which the
nonconforming project is incompatible with the surrounding
neighborhood. In particular, the Board may require that work on the
nonconforming project be continuously maintained, if possible, and that
the project be completed as expeditiously as possible.
When it appears from the developer's plans or otherwise that the
nonconforming project was intended to be or reasonably could be
completed in stages, segments or other discreet units, the Board of
Adjustment shall not allow the nonconforming project to be constructed
or completed in a fashion that is larger or more extensive than is
necessary to allow the developer to recoup and obtain a reasonable rate
of return on the expenditures he has made in connection with that
nonconforming project.
Wt

' ARTICLE 14. VESTED RIGHT PROVISIONS
14.1 Purnose
' The purpose of this section is to implement the provisions of G.S. 160A-385.1
pursuant to which a statutory zoning vested right is established upon the approval of
a site specific development plan.
11
Neither a variance, a sketch plan nor any other document that fails to describe
with reasonable certainty the type and intensity of use for a specified parcel or parcels
of property shall constitute a site specific development plan.
14.2 Establishment of a Zoning Vested Right
(a) A zoning vested right shall be deemed established upon the valid
approval, or special use approval, by the Board of Commissioners or
Board of Adjustment, as applicable, of a site specific development plan,
following notice and public hearing.
(b) The approving authority may approve a site specific development plan
upon such terms and conditions as may reasonably be necessary to
protect the public health, safety, and welfare.
(c) Notwithstanding subsections (a) and (b), approval of a site specific
development plan with the condition that a variance be obtained shall not
confer a zoning vested right unless and until the necessary variance is
obtained.
(d) A site specific development plan shall be deemed approved upon the
effective date of the approval authority's action or ordinance relating
thereto.
(e) The establishment of a zoning vested right shall not preclude the
application of overlay zoning that imposes additional requirements but
does not affect the allowable type or intensity of use, or ordinances or
regulations that are general in nature and are applicable to all property
subject to land -use regulation by the Town of Belville, including, but not
limited to, building, fire, plumbing, electrical, and mechanical codes.
Otherwise applicable new or amended regulations shall become effective
with respect to property that is subject to a site specific development
plan upon the expiration or termination of the vested right in accordance
with this chapter.
(f) A zoning vested right is not a personal right, but shall attach to and run
with the applicable property. After approval of a site specific
67

development plan, all successors to the original landowner shall be
entitled to exercise such right while applicable.
14.3 Approval Procedures and Approval Authority
(a) Except as otherwise provided in this section, an application for site
specific development plan approval shall be processed in accordance
with the procedures established by ordinance and shall be considered by
the designated approval authority for the specific type of zoning permit,
special use permit, building permit, or variance approval for which
application is made.
(b) Notwithstanding the provisions of subsection (a), if the authority to issue
a particular zoning or special use, building, or variance permit or approval
has been delegated by ordinance to a board, committee or administrative
official other than the Town of Belville Board of Commissioners, Board
of Adjustment, or other planning agency designated to perform any or all
of the duties of the Board of Adjustment, in order to obtain a zoning
vested right, the applicant must request in -writing at the time of
application that the application be considered and acted on by the Town
of Belville Board of Commissioners or Board of Adjustment, following
notice and a public hearing as provided in G.S. 160A-364.
(c) In order for a zoning vested right to be established upon approval of a
site specific development plan, the applicant must indicate at the time of
application, on a form to be provided by the Town of Belville, that a
zoning vested right is being sought.
(d) Each map, plat, site plan or other document evidencing a site specific
development plan shall contain the following notation: "Approval of this
plan establishes a zoning vested right under G.S. 160A-385.1. Unless
terminated at an earlier date, the zoning vested right shall be valid until
(date)."
(e) Following approval or conditional approval of a site specific development
plan, nothing in this chapter shall exempt such a plan from subsequent
reviews and approvals to ensure compliance with the terms and
conditions of the original approval, provided that such reviews and
approvals are not inconsistent with the original approval.
(f) Nothing in this chapter shall prohibit the revocation of the original
approval or other remedies for failure to comply with applicable terms
and conditions of the approval or the zoning ordinance.

' 14.4 Duration
' (a) A zoning right that has been vested as provided in this chapter shall
remain vested for a period of two years. This vesting shall not be
extended by any amendments or modifications to a site specific
' development plan unless expressly provided by the approval authority at
the time the amendment or modification is approved.
' (b) Upon issuance of a building permit, the expiration provisions of G.S.
160A-418 and the revocation provisions of G.S. 160A-422 shall apply,
except that a building permit shall not expire or be revoked because of
' the running of time while a zoning vested right under this section is
outstanding.
14.5 Termination
A zoning right that has been vested as provided in this chapter shall terminate:
' (a) at the end of the applicable vesting period with respect to buildings and
PP 9
uses for which no valid building permit applications have been filed;
' he written consent of the affected landowner;
(b) with t ,
(c) upon findings by the Town of Belville Board of Commissioners, by
ordinance after notice and a public hearing, that natural or man-made
hazards on or in the immediate vicinity of the property, if uncorrected,
'
would pose a serious threat to the public health, safety, and welfare if
the project were to proceed as contemplated in the site specific
development plan;
(d) upon payment to the affected landowner of compensation for all costs,
expenses, and other losses incurred by the landowner, including, but not
limited to, all fees paid in consideration of financing, and all architectural,
planning, marketing, legal, and other consultant's fees incurred after
'
approval by the Town of Belville, together with interest thereon at the
legal rate until paid. Compensation shall not include any diminution in
the value of the property which is caused by such action;
'
(e) upon findings by the Town of Belville Board of Commissioners, by
ordinance after notice and a hearing, that the landowner or his
'
representative intentionally supplied inaccurate information or made
material misrepresentations which made a difference in the approval by
the approval authority of the site specific development plan; or
'
(f) upon the enactment or promulgation of a state or federal law or
'
regulation that precludes development as contemplated in the site
specific development in which case the approval authority may
plan,
'
69

modify the affected provisions, upon a finding that the change in state
or federal law has a fundamental effect on the plan, by ordinance after
notice and a hearing.
14.6 Voluntary Annexation
A petition for annexation filed with the Town of Belville under G.S: 160A-31 or
G.S. 160A-58.1 shall contain a signed statement declaring whether or not any
zoning vested right with respect to the properties subject to the petition has
been established under G.S. 160A-385.1 or G.S. 153A-344.1. A statement
that declares that no zoning vested right has been established under G.S.
160A-385.1 or G.S. 153A-344.1, or the failure to sign a statement declaring
whether or not a zoning vested right has been established, shall be binding on
the landowner and any such zoning vested right shall be terminated.
14.7 Limitations
Nothing in this chapter is intended or shall be deemed to create any vested right
other than those established pursuant to G.S. 160A-385.1.
14.8 Repealer
In the event that G.S. 160A-385.1 is repealed, Section 14.0 shall be deemed
repealed and the provisions hereof no longer effective.
We

1
ISECTION 15. CERTIFICATE ISSUANCE
' 15.1 Zoning Certificate
' No building or structure or any part thereof shall be erected or repaired until a
zoning certificate therefor has been issued by the Town Clerk. A fee of $10.00 shall
be charged for the issuance of each zoning certificate.
' Each application for a zoning certificate shall be accompanied by a plat, drawn
to scale, showing accurate dimensions of the lot to be built upon, accurate dimension
' of the building to be erected, its location on the lot, and other such information as
may be necessary to provide for the enforcement of this ordinance. A careful record
of such applications and plats, together with a record of the action taken thereon,
shall be kept in the office of the Town Clerk.
No permit for excavation or erection of any building or part of a building, or for
' repairs to or alteration of a building, or the relocation of a building from the lot on
which it is situated, shall be issued until after a statement of its intended use has been
filed by the applicant.
15.2 Certificate of Occupancy/Compliance
' No land shall be used or occupied, except for farm purposes, and no building
or structure shall be erected, altered, used or changed in use for other than farm
' purposes until a certificate of occupancy/compliance shall have been issued by the
Town Clerk stating that the building and/or the proposed use has been determined to
be in compliance with the provisions of this ordinance. A like certificate shall be
issued for the purpose of changing any existing use, as well as for maintaining,
renewing, changing, or extending any nonconforming use. A certificate of
occupancy/compliance, either for the whole or part of a building, shall be applied for
prior to occupancy, and shall be issued within five days after the erection or
alterations of such building or part shall have been found in compliance with the
provisions of this ordinance and other applicable codes and ordinances. A record of
all such certificates shall be kept on file in the office of the Town Clerk and shall be
furnished on request to any person having a proprietary of tenancy interest in the
building or land. A fee of $2.50 shall be charged for the issuance of each certificate
' of occupancy/compliance and $1.00 for a copy thereof.
15.3 Penalties for Violation
Any person, firm, or corporation who violates any provision of this ordinance
shall be guilty of a misdemeanor. Each day that violation continues to exist shall be
' considered a separate offense.
1
71

SECTION 16. BOARD OF ADJUSTMENT
16.1 Composition of the Board of Adiustment Pursuant to N.C.G.S. 160A-388
There is hereby established the composition of the Belville Board of Adjustment.
The Board of Adjustment shall consist of five (5) members appointed by the Board of
Commissioners of the Town of Belville.
16.2 Jurisdiction of the Board of Adjustment
The Board of Adjustment shall have authority on any appeal relative to the
provisions of this ordinance originating from within the area encompassed by the legal
description of the jurisdiction of this ordinance as described in Article 4.
16.3 Rules for Proceedings of the Board of Adiustment
The board shall adopt rules governing its organization and for all proceedings
before it. Such rules shall provide and require the following in addition to such other
rules and regulations the board shall adopt:
The board shall elect a chairman and vice chairman on an annual basis.
-- The Town Clerk or his designee shall serve as the secretary of the board.
The secretary shall keep minutes of the proceedings. The minutes shall
contain relevant facts and testimony of each appeal, the vote of each
member on each appeal, abstention from voting, and attendance.
-- No appeal may be heard unless a quorum is present. A quorum shall
consist of three -fifths of the membership of the board.
-- Due notice shall be given to all parties having interest in an appeal.
-- Any interested party may appear in person, by agent, or by attorney to
offer evidence and testimony relative to an appeal.
-- Fees for filing appeals to the Board of Adjustment shall be as follows:
Variance Request $10.00
Special Use Permit Request $10.00
Renewal of Special Use Permit Request $10.00
72

16.4 Powers of the Board of Adjustment
' Review of Enforcement Officer's Decision
Where it is alleged that there is any error in any order, decision, or requirements
' of the enforcement officers appointed by the Board of Commissioners, the Board of
Adjustment shall have the power to hear and decide any appeal taken from the order,
decision or requirement of the enforcement officer, and to grant a variance to the
appellant to rectify any error of the enforcement officer. A concurring vote of four
members of the board shall be required to reverse any order, decision or determination
of the enforcement officer, or to decide in favor of the applicant any matter which the
' board is required to pass under the provisions of this ordinance, or to grant any
variation in this ordinance.
' Variances
A variance may be granted to authorize upon appeal in specific cases such
' variance from the terms of this ordinance as will not be contrary to the public interest,
where owing to special conditions, a literal enforcement of the provisions of this
' ordinance will result in undue hardship, and so that the spirit of this ordinance shall
be observed and substantial justice done. In considering all proposed variances to this
ordinance, the board shall, before making any finding in a specified case, first
determine that the proposed variances will not constitute any change in the district
boundaries shown on the zoning map, and will not impair any adequate supply of light
and air to adjacent property, or materially increase the public danger of fire and safety,
' or adversely affect the use or physical attributes of property within the surrounding
area, or in any other respect impair the public health, safety, and general welfare.
' In granting a variance, the board may impose thereto such conditions regarding
the location, character, and other features of the proposed building, structure or use
as it may deem advisable in furtherance of the purposes of this ordinance.
Before a variance is granted, it shall be shown that special circumstances are
attached to the property which do not generally apply to other property in the
neighborhood. A variance may be granted only when the practical difficulty of undue
hardship complained of is due to the particular characteristics of the property and not
to the general conditions of the neighborhood which may reflect an undue stringency
' of the ordinance itself. A hardship peculiar to the applicant as distinguished from
others affected by the general rule must be shown.
' The board may grant a variance in the dimensional yard requirements of this
ordinance only where by reason of exceptional narrowness, shallowness, or shape of
a specific piece of property which was a lot of record as of the effective date of this
' ordinance, ' or where due to the topographical conditions of a piece of property the
strict application of the said dimensional requirements of this ordinance would result
in practical difficulties or undue hardship of such nature as described in the preceding
' paragraph.
1
73

The fact that property may be utilized more profitably will not be considered as
justification for granting a variance by the board.
The board shall have the power to grant, in particular cases, and subject to
appropriate safeguards, permits for special uses as authorized by Article 10.
Additional Power
In addition to the general powers conferred upon the Board of Adjustment in the
foregoing, the board shall have authority to make the following exception to the
general provisions of this ordinance:
Where a use district boundary line crosses a lot, the board,
after a public hearing in which it has determined that the
spirit and intent of this ordinance has been carried out, may
permit a use of either classification on the whole lot, but
not to exceed a distance of 150 feet from the boundary
line.
16.5 Appeal to the Board of Adjustment
An appeal may be taken to the Board of Adjustment by any person aggrieved
by a decision of any officer, department or board of the town relative to enforcement
or interpretation of this ordinance. Such appeal shall be taken within a reasonable
time as provided by the rules of the board by filing the appeal with the office of the
Town Clerk. The officer from whom the appeal is taken shall forthwith transmit to the
board all papers constituting the record upon which the action appealed from was
taken.
16.6 Appeal From Decision of the Board of Adjustment
Any person or persons aggrieved by a decision of the Board of Adjustment may,
within ninety (90) days, but not thereafter, present to Superior Court of Brunswick
County a petition for a writ of certiorari, duly verified, setting forth that such a
decision is illegal, in whole or in part, specifying the grounds of illegality, whereupon
such a decision of the board shall be subject to review as provided by law.
74

ISECTION 17. AMENDMENT PROCEDURE
' 17.1 Amendment by Own Motion
The Board of Commissioners may from time to time amend, supplement,
change, modify, or repeal the boundaries or regulations herein or subsequently
amended. This may be done on the Board of Commissioners' own motion or as a
result of a recommendation after a public hearing as prescribed below.
17.2 Amendment by Petition
The Board of Commissioners may also desire to take such action as a result of
a petition presented by a private citizen or citizens in accordance with the following
procedures. Such petitions shall be presented to the Town Clerk at least fifteen (15)
working days prior to the meeting of the Planning Board meeting at which it is to be
heard, but not to include the day of the meeting. The petition shall contain such
information, and shall be presented in such manner as specified by the Planning Board.
The Planning Board, after studying the petition, shall prepare a recommendation to be
considered by the Board of Commissioners at its next regular meeting. This
recommendation will contain all reasons considered in the deliberations of the Planning
Board. In cases of petitions requesting rezoning of property, a non-refundable fee of
$15.00 shall be paid by the applicant prior to placement of the request on any agenda
of the Planning Board.
Acceptance by the Board of Commissioners of a recommendation of the
Planning Board for an amendment to this ordinance will be only in the form of an
authorization for notice of a public hearing as prescribed by law. Notice for such
public hearing shall be given once a week for two successive calendar weeks in a
newspaper distributed in the town, and the first such notice shall be published not less
than fifteen (15) days and not more than twenty-five (25) days prior to the date fixed
for the hearing.
17.3 Protest to Amendment
In cases of a protest against any proposed amendments, signed by the owners
of twenty percent (20%) or more either of the area of the lots included in such
proposed change, or of those in lots immediately adjacent thereto either in the rear
thereof or on either side thereof,.extending one hundred feet therefrom, or of those
directly opposite thereof extending one hundred feet from the street frontage of such
opposite lots, such amendment shall not become effective except by favorable vote
of three -fourths of all the members of the Board of Commissioners.
75

SECTION 18. LEGAL STATUS PROVISIONS
18.1 Validity
If any section, sentence, clause, or phrase of this ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance. The Board of Commissioners hereby declares that it would have
passed this ordinance, and each section, clause, and phrase thereof, irrespective of
the fact that any one or more sections, sentences or clauses be declared invalid.
18.2 Effective Date
This ordinance shall be in full force and effective henceforth from
This ordinance was duly adopted by the Board of
Commissioners of the Town of Belville on , with an .
effective date of
76

I � 1,. 11
,IS
� _40.•N ,•T
70, C
LEGEND
IV
0
Q 400 800
SCALE I" = 400'
OFFICIAL ZONING
TOWN OF BELVILLE
.........................
.........................B-1 Business District
1-1
OS
Industrial District (to be established)
Open Space District
(Located in all areas designated as areas o1
environmental concern by 15A NCAC 7H, and areas
as indicated on this map.)
'-
, MAYOR OF
HEREBY CERTIFY
SIGNATES, AS OF
3 AREAS FOR THE
N OF BELVILLE

POTENTIAL AREAS OF ENVIRONMENTAL CONCERN
AFICATION
LAND CLASSIFICATION
The guidelines of the Coastal Area Management Act require
that each level of government identify the general allowable
land uses within its jurisdiction. To assist in this effort, the
guidelines suggest a land classification system which categorizes
lands as either developed, transition, community, rural or
conservation. The purpose of this classification is to generally
direct land uses and tax dollars to areaswhich have the natural or
man-made capability of sustaining those activities while keeping
the best interest of the community in mind. These land
classification categories are defined as follows:
DEVELOPED —Lands where existing population density is
moderate to high and where there are a variety of land uses
which have the necessary public services.
TRANSITION —Lands where local government plans to
accommodate moderate to high density development during
the following ten year period and where necessary public
services will be provided to accommodate that growth.
COMMUNITY —Lands where low density development is
grouped in existing settlements or will occur in such
settlements during the following ten year period and which
will not require extensive public services now or in the future.
RURAL —Lands whose highest use is for agriculture, forestry,
mining, water supply, etc., based on their natural resources
potential. Also, lands for future needs not currently recog-
nized.
CONSERVATION —Fragile, hazard and other lands necessary
to maintain a healthy natural environment and necessary to
provide for the public health, safety or welfare.
The compatible relationship of the Land Classification System
in Belhaven's jurisdiction compared to the Land Classification
System in Beaufort County has been assured. By comparing the
Belhaven and Beaufort County Land Classification mapsyou can
see that where the jurisdictions are contiguous the classifications
are consistant. This will insure that development in either
jurisdiction will not be imposing on its neighbor.
The Coastal Area Management Act of 1974 requires the
identification of environmentally sensitive areas within Bel -
haven's planning jurisdiction. Further, the Coastal Resources
Commission has developed a list of categories which are to be
used as a "standard" for identifying these Areas of Environ-
mental Concern (AEC). Before official AEC's are designated and
their appropriate land uses described, a thorough study of each
category must be undertaken. The CRC and local governments
are in the midst of this investigation. Your help is needed. Please
take time to review the following information so you can
respond at the public hearing on AEC's to be held in Beaufort
County.
The potential areas of environmental concern, under study
within the Belhaven planning jurisdiction, and the types of uses
considered appropriate within these areas are as follows:
Coastal Wetlands
These areas are defined as "any salt marsh or other marsh
subject to regular or occasional flooding by tides, including wind
tides..." The types of land uses which are appropriate within
coastal wetlands are those which will not alter the natural
function of the wetlands; and are uses such as utility easements,
fishing piers, docks and certain agricultural uses, except when
excavating or filling affect any estuarine or navigable waters.
Estuarine Waters
These waters are defined as "all the water of the Atlantic
Ocean within the boundary of N. C. and all the waters of the
bays, sounds, rivers and tributaries thereto seaward of the
dividing line between coastal fishing waters and inland fishing
waters..." The types of uses which are appropriate here are
wharfs, piers, bulkheads to prevent erosion and developing
navigational channels.
Public Trust Navigable Waters
These areas are defined as those waters which are "capable of
being navigated in its natural condition by the ordinary modes of
navigation including modes of navigation used for recreational
purposes. The natural condition of a body of water for purposes
of determining navigability shall be the condition of the body of
water at mean high water or ordinary high water as the case may
be, and the condition of the body of water without man-made
obstructions and without temporary natural obstructions.
Temporary natural conditions such as water level fluctuation and
temporary natural obstructions which do not permanently or
totally prevent navigation do not make an other wise navigable
stream non -navigable."
The type uses which are appropriate are the development of
navigational channels, drainage ditches, the use of bulkheads to
prevent erosion, and the building of piers or wharfs, provided
that such land uses will not be detrimental to the biological and
physical functions and public trust rights.
Coastal Flood Plains
These areas are those lands subject to flooding or wave action
during severe storms or hurricanes. They are defined as "land
adjacent to coastal sounds, estuaries or the ocean which are
prone to flooding from storms with an annual probability of one
percent," which is the equivalent of a one hundred year storm.
In these areas it is reasonable to allow a certain degree of
development if it is carefully controlled and meets stringent
engineering standards for stability, integrity and safety during a
100 year storm. Development activities may be allowed, if at a
minimum it conforms with the standards of the Federal
Insurance Administration for coastal high hazard areas and
safety during the flood surge from a 100 year storm.

Crew: Well, you had your typical "on the one hand, this" but,
"on the other hand, that". Residents generally feel there should
be some controls on pollution from agriculture and industry.
Also, that there should be controls on location of mobile
homes -yet, many feel that a person should be able to do what
he wants with his own land.
Probably the most significant issue raised that was directly
related to land use per se, was whether or not marshes should be
developed. Since marshes have been developed in the past,
many people felt that there is no reason to prohibit development
there in the future. The point is, now, today, the facts show that
marshes are vitally important to the whole coastal environment.
The roots of marsh plants stabilize the soil and thus limit erosion.
The marsh areas act as a natural "filter" for water, thus cleansing
it. Marshes provide habitats for animals and waterfowl. Marshes
are also nursery areas for many types of fish and shell fish. So, if
we develop marshes, we are affecting the natural productivity of
the whole coastal area. Sometimes it's difficult to see how
developing one or two acres will have any measurable affect on
natural productivity, but the accumulative affect of all the many
individual one and two acre developments can be astounding.
Also, many residents think that the town needs new industry,
more people, and consequently, rapid growth. It is felt that this
will create a spark and improve the quality of life overall. Then,
there are those who feel that some industries aren't worth the
trouble they bring -and that growth should be more gradual,
and perhaps not predominate in one area. This is the interesting
thing about the planning process and the need for citizen input.
Smith: I wonder how the priorities would read if 75% of the
households had answered the questionnaire instead of 25%
Taylor: Going "big city" does not seem to be the feeling of the
community. Most Belhaven residents want to live in or near a
small town -but still not in the downtown part -and a majority
said they wouldn't leave Belhaven. Or at least, they would leave
reluctantly.
Crew: Right, but Belhaven did lose about 100 people during
the period 1940-1970, and the projection is that it will lose
another 228 people in the 30 years from 1970-2000. Later on we'll
look at some figures. There is a population shift to an older age
group as young people leave to seek their first job or younger
couples starting families move away.
Smith: Well, the survey showed that most of the residents who
responded felt that the quality of schools, medical facilities and
job opportunities were very high, actually 2nd., 3rd. and 4th.
place, in importance in selecting a place to live.
Taylor: And #1 was A good place to raise children -so to keep
the kids here when they leave school we need to do better in
those areas of citizen concerns you just mentioned. That's why
we want a lot of high school and college age citizens to
understand this Plan and think about the future of Belhaven. We
hope they will want to be a part of it.
Johnson: And don't forget the other factors- water and air
quality, religious worship and recreation facilities were on the
list. And friendliness of the community, too.
Ambrose: Well, no one can say we aren't friendly!
GOALS AND OBJECTIVES
Smith: The Planning Board met several times, as I mentioned
earlier, to make sure they took into account citizen involvement
in the planning process. Dr. Johnson -what about the results?
Johnson: Look at this insert -and incidentally, this is set out in
more detail in the complete 125-page Land Development Plan
I'm holding here, which anyone can get at the Town Manager's
office. Here we have a list of the goals and objectives, written by
the Belhaven Planning Board, to act as a guide for future
development in the Belhaven area. These goals were written
after careful review of the town -wide questionnaire and after
the public meetings in which area residentswere heard on many
development issues. Many ideas brought forth at the public
meetings are included here:
BELHAVEN GOALS AND OBJECTIVES
Growth And Development Goal
ENCOURAGE ORDERLY AND QUALITY DEVELOPMENT OF
ECONOMIC SECTOR OF BELHAVEN
Growth And Development Objectives
PROVIDE RECEIVE
1. more employment opportu-
nities
2. increased sewer and water
capacity
3. improved streets and parking
4. revitalized central business
district
lower unemployment
service potential for
industrial/manufacturing
sites
greater accessibility to existing
and proposed commercial
and industrial concentrations
improved downtown -avoid
strip development
Health and Welfare Goal
PROVIDE ADEQUATE HEALTH AND WELFARE SERVICES TO
ALL BELHAVEN RESIDENTS
Health and Welfare Objectives
PROVIDE RECEIVE
1. identification of medical
and social service needs of
Town residents
2. youth counseling service
3. financial assistance to needy,
both poor and aged
4. improved garbage collection
5. clearance of drainage ditches
regularly
6. proper operation of sewage
plant
7. enactment of dog leash law
programs designed to meet
needs
reduction of drug problems
adequate health care and
other services
equal and adequate service
level throughout Belhaven
prevention of odors and
flooding
elimination of odors and
stream pollution
controlled stray dog problem
Recreational Goal
TO PRESERVE AND ENHANCE THE SOCIAL, CULTURAL AND
RECREATIONAL OPPORTUNITIES IN BELHAVEN
Recreational Objectives
PROVIDE
1. land and facilities for
development
2. removal of sunken boats,
piers, and trash from Wynn's
Gut
3. selective and wise land
development by proper
enforcement of develop-
ment regulations
RECEIVE
opportunities to meet open
space and park needs of all
citizens
additional recreational open
space and improved appear-
ance of area
retainment of small town
atmosphere conducive to
raising children
Environmental Goal
TO PROVIDE A PHYSICAL ENVIRONMENT THAT IS LIVEABLE,
AESTHETICALLY PLEASING, HEALTHFUL, AND BLIGHT FREE
Environmental Objectives
PROVIDE RECEIVE
1. activities that will retain
fishing in the area
2. enforcement of water and air
pollution regulations
preservation of this
important part of Belhaven's
economy
improved liveability and
community attractiveness to
existing and potential
residents and employers
Governmental Goal
INCREASE EFFICIENCY AND EFFECTIVENESS OF
GOVERNMENTAL SERVICE ACCORDING TO ACCEPTABLE
COST/BENEFITS CONSIDERATIONS
Governmental Objectives
PROVIDE RECEIVE
1. improved intergovern-
mental cooperation
2. best possible use of federal,
state, and local financial
resources
3. improved management
techniques
4. better written and enforced
town ordinances
5. improved community/
governmental participation
improved efficiency and
effectiveness, less duplica-
tion of effort and better
agreement on overall
objectives
the most out of every local
dollar spent for services and
facilities
greater efficiency of the
management team and
encourage closer workforce
supervision
alleviated problems such as
abandoned vehicles, run-
down houses and septic tanks
improved community
decisions
Housing Goal
PRESERVE AND ENHANCE EXISTING RESIDENTIAL
NEIGHBORHOODS AND INSURE THE ORDERLY
DEVELOPMENT OF NEW RESIDENTIAL NEIGHBORHOODS
Housing Objectives
PROVIDE
1. enforcement of building,
housing, subdivision, zoning
regulations, and mobile
home ordinances
2. enforcement of building
codes and encourage
rehabilitation programs
3. improved recreation spaces,
community facilities and
open space regulations
4. upgraded community
services and facilities and
discourage blotting
influences
RECEIVE
a standard housing supply
and a pleasing residential
environment
elimination or improvement
of sub -standard and deterior-
ating dwellings
diversity in housing types
and housing environments
preserved or enhanced
existing neighborhoods
Crew: That certainly gives us a lot to work with. And as a
planner, however, I want to point out that one of the most
important considerations in land use planning is the evaluation
of the population characteristics of the area. Size, composition,
and distribution are important in their effect on the type and
extent of future land use. These factors introduce "quantitative"
considerations to population trends and assist in determining
requirements.
POPULATION CHARACTERISTICS, TRENDS, AND
PROJECTIONS
Taylor: You showed us some tables earlier, regarding past and
future population losses.
Crew: Yes, shifts in the average age of the population of a
community can have serious implications because community
services, goods, housing, entertainment, medical and other
facilities will also need to change to adequately meet new and
different demands. The age of Belhaven's population is
increasing. This is a result of the loss of people of prime child-
bearing age. Soon demands for services will shift correspond-
ingly to the needs of the older inhabitants.
Also, in 1970, about 54% of the town's population was non-
white compared to 51% in 1960. However, the sex ratio of the
town's population was constant during the decade. In 1960, 52%
of the population was female and remained 52% in 1970.
Smith: In compliance with the Coastal Area Management Act
guidelines, Belhaven used the same method of making popula-
tion projections as was used to compute the townsnip
population for Beaufort County, thus insuring compatibility with
the remainder of the county. One bit of planning lingo I've
picked up from you, John, is the difference between the terms
"trends" and "projections".
Crew: For example -we spoke earlier about Belhaven's loss of
population. Here are some figures comparing trends and
projections.
Population
Population Trends Projections
Belhaven Town Belhaven Town
1940-1970 1980-2000
YEAR Change: 1940-70 YEAR
1940 1950 1960 1970 Num. _ % 1980 1990 2000
2,360 2,528 2,386 2,259 -101 -4.0 2,135 2,113 2,031
SOURCES: U.S. Census of Population; North Carolina Depart-
ment of Administration
We need to point out that population "projections" based on
past trends don't take into account what the local citizens can do
to affect the future -such as purposeful efforts to attract
industry, promote our recreational advantages, and in general,
provide opportunities for growth. However, some decisions
affecting development will not be made in Belhaven.
Ambrose: There are reasons why the decline projected for
1980-2000 may not occur -such as the new marina, and the
proposed manufacturing development.
Crew: And keep in mind that "planning" isn't based just on
population increase -it isn't something you do only because the
area is getting bigger. Rather, planning is based on the demands
which a population change -up or down -creates.
The important thing to remember is that people create the
demand for services, so if the population goes up, the demand
will increase, placing more burdens on the ability of our land and
water resources to sustain these increases. On the other hand,
when the population is stable or decreasing, the demands on
these resources isn't as great. But, regardless of whether the
demands for services goes up or down, there will be costs to the
community in providing these services. Increased demands will
cost in terms of providing new water and sewer treatment
systems. But -decreased demands will also have costs; costs such
as providing adequate maintenance and repair to the existing
systems we already have. Actually, since Belhaven presently has
systems which have excess capacities, and since the population
of the area isn't expected to increase significantly in the
immediate future, we already have the capability to handle any
forseeable changes. Nevertheless, the town is presently working
on a "201" facilities study to determine what types of water and
sewer services should be provided for the whole area around
Belhaven, including Pantego. This study could help provide a
system which would serve the whole region and substitute for
many individual systems.
Smith: As Belhaven works hard to improve its living
environment, it becomes more interesting to investors, resi-
dential as well as service and manufacturing firms.
We can continue to promote its fishing and other recreational
attractions.
Ambrose: We can influence the climate for growth if we make
the effort. We've already come a long way since we were called
Jack's Neck.
Johnson: You know, as Ms. Taylor said earlier in this discussion
agressive leadership from elected officials plus acceptance and
support from the citizens is necessary. I'd like to emphasize that.
It's going to take time, money, and hard decisions on the part of
the Town Council. But since this Plan is a summation of
Belhaven's public interest, it is our elected officials' task to bite
the bullet and lead Belhaven in implementing our Plan.
Smith: "that's a good note to end on, Dr. Johnson.
Now I see that we've kept you readers in your chairs a long
time, so let's conclude with what you might do to get involved.
We have here in the box below some ideas for the people's role
in this planning process. We hope you will take them to heart.
And now, we all thank you for your attention."
A WORD FOR THE READER
WHAT YOU CAN DO
1. Examine the complete Land Development Plan at the Town
Manager's office, and ask questions of your elected officials
and planner -but, of course, don't all gang up at once.
2. Attend regularly scheduled and special meetings of the
Aldermen and Planning Board to give your views and listen to
those of others -participate! Elected officials must have input
from you citizens concerning your desires. Many decisions
won't please all of you -but the more you know about the
reasons behind them, the greater your support.
3. Encourage your officials to make the hard decisions necessary
to implement the plan -without dynamic leadership the
Coastal Area Management Act Plan is only paper and ink, and
will do nothing for Belhaven.
4. Devote a class or two in civics or government in the High
School to reading and discussing this summary and what it
means to young people -the future of Belhaven. Perhaps an
essay contest -"What would the pioneer citizen John
Wilkinson find if he returned to Belhaven in 2000?"
5. Devote a meeting at your service club to discussion of the
summary and your reactions to what it says about the
community.
BELHAVEN PLANNING BOARD
Dr. Charles Johnson, Chairman
James W. Joyner, Vice -Chairman
George R. Ebron, Jr.
W. R. Edwards
G. T. Swinson
Christine Taylor
C. G. Tinker
BELHAVEN ALDERMEN
1975 I ncumbants
Axson Smith, Mayor
Dr. C. O. Boyette
Frank Ambrose, Jr.
Jimmy Hodges
William D. Logan
W. P. O'Neal, Jr.
BELHAVEN ALDERMEN
1976 Incumbants
Dr. C. O. Boyette, Mayor
Frank Ambrose, Jr.
W. Wavery Bond
W. P. O'Neal, Jr.
W. H. Snell
Reubin Williams
Robert Whitley
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Ralph Wallace

SUMMARY
of the
BELHAVEN
LAND USE PLAN
Prepared by the
BOARD OF ALDERMEN
and
CITIZENS
of the Town of Belhaven
North Carolina
With Assistance from
Local Planning and
Management Services Section
Department of Natural and
Economic Resources
1976
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"YOU'VE COME A LONG WAY, JACK'S NECK!"
or
A Summary of the Belhaven Land Development Plan
INTRODUCTION
"All right, all you good Belhaven citizens, this is Axson Smith
speaking. May I have your attention? Please pull up a chair —a
comfortable one —because we want that attention for a few
minutes. This document you are holding is a very important
segment regarding the future of Belhaven.
With me here are Dr. Charles Johnson and Ms. Christine
Taylor of the Belhaven Planning Board and John Crew, Planner
with the North Carolina Department of Natural and Economic
Resources. They reperesnt a lot of hard working folks who have
been preparing a Land Development Plan for Belhaven, as we
were invited to do under the Coastal Area Management Act of
1974. Also, Alderman Frank Ambrose is with me and will take
part in the discussion.
Do you remember the area -wide questionnaire in February,
1975, regarding problems and issues of concern to you, and the
two public meetings that followed? —well, the Planning Board
got together after each meeting and made modifications to the
list of issues, as well as additions and deletions. The Board then
met a third time to prepare a final tabulation of the major
concerns expressed by Belhaven residents.
We want to visit with you about your preferences and desires,
and about the importance of considering also the physical
limitations of land to support certain types of development,
population and social characteristics, economic activity —all that
technical matter —which is so necessary to help your elected
officials implement a Land Development Plan, and make proper
decisions regarding future development.
Now, I'm going to ask Dr. Johnson to tell you what a "Land
Development Plan" is all about.
WHAT IS A LAND DEVELOPMENT PLAN?
Johnson: Thanks, Axson. I'm happy to do so. Let's start by
thinking of a Land Development Plan as a "blueprint". You
know, if you want to build —that is, develop —a structure such as
a house or an office building or what have you, a blueprint is
pretty fundamental. So with land uses, we need a Plan which
attempts to direct various kinds of land development in the way
which will be best for the town and its citizens. For example,
there are places within the planning area that have soils with very
high water tables. If residential development is allowed to occur
in these areas without city services, particularly water and sewer,
then those who will live there will eventually be faced with well
and septic tank problems. The town, by law, is charged with the
responsibility of assuring that only quality development occurs.
By reviewing the facts, the physical limitations of the soils in the
area to support development, local offiicals can direct the
proposed development to a more suitable site; or can require
the provision of water and sewer services to the site in order to
provide for public health, welfare and safety. But, unlike a
blueprint for a building, conditions affecting a town and its
people are constantly changing; and the Plan will require re-
evaluation and will need to be revised periodically.
The Plan, then, is a general guide to aid local officials in making
daily decisions regarding land development. So, to keep it
current, your officials should review all land use decisions made
during the year to insure that they have been consistentwith the
Plan. The Coastal Area Management Act provides for periodic
review of the Plan. Every 5 years the town will take a look at itself
and its Plan.
Just as with a blueprint. When the work man gets on the job
and finds certain changes required by field conditions, the archi-
tect may permit some modifications in the Plan —but the idea of
the blueprint as a controlling factor is not lost.
Then with this Plan —on one hand, field conditions due to
positive growth patterns may require revisions. While on the
other hand, what seemed to be problems were actually
inadequate enforcement of the Plan provisions, and stricter
adherence is required. As Axson Smith has pointed out,
Belhaven has complied with the Coastal Area Management Act
of 1974 in preparing a Land Development Plan and this Synopsis
provides you citizens of the Belhaven planning area with a brief
summary of what the Land Development Plan is, and how it will
affect our lives. That's why this Synopsis was sent with your
monthly electricity bill —to insure that every household in the
planning area will have the opportunity to read it.
Smith: Thanks, Charlie. As you have pointed out, the primary
purpose of the Plan is to identify desires. But, in order to be of
any use, some means of putting the Plan into action must be
devised. You have some suggestions, Ms. Taylor?
Taylor: Yes, thanks, Mr. Smith. There are several steps that the
community should take to do this. Step one would be to
recognize and adopt the Plan as a standard for development.
After adoption, ordinances, controls and programs must direct
all public and private land development issues to conform to the
standards contained in the Plan. Similarly, aggressive leadership
from town officials and acceptance and support from citizens of
the area are necessary. Perhaps most important of all is using the
plan as a standard when making daily decisions about land de-
velopment. In this way, the Plan can be an effective guide for
land development.
PROBLEMS AND ISSUES IDENTIFIED
Smith: Thank you, Ms. Taylor.
When we opened the discussion I said that we wanted to
review with you citizens the results of the area -wide quesion-
naire. And, by the way, of 974 questionnaires sent out, we got
back 240—a 24% return. We hope, as a result of this discussion,
more folks will become interested and involved.
To prepare a workable Land Development Plan we needed to
formulate goals and objectives, but before we could do that we
needed to be able to identify problems and issues of concern to
you. Do you have something on this, Frank Ambrose?
Ambrose: Yes, Axson, we found the most serious problems
confronting the community were: first, industrial development;
second, employment opportunities; and tied for third place
unemployment and recreation facilities.
Taylor: It's interesting that those two are related in that way —
but due to unemployment, perhaps recreational opportunities
got closer attention.
Ambrose: Very possible. Certainly, industrial development,
current unemployment, and overall job opportunities are
interrelated. What was next?
Taylor: Well, here's the way the rest of the topics were listed by
order of importance:
4. Transportation facilities 8. Medical facilities
5. Youth counseling Tourist facilities
6. Drugs 9. Community decisions
7. Adequate housing 10. Community planning
Assistance to the poor
You see how some mesh —youth counseling and drugs,
recreation and tourism, and so on.
Johnson: Too bad that community decisions and planning are
the end. What could we do to make the citizens more planning
conscious?
Smith: Perhaps planning is last because it's not a serious
problem —everything's going just fine.
Johnson: Want to bet?
.Smith: John Crew —what did the residents feel regarding
some land use issues?

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VI
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EXISTING LAND USE MAP
1976
` LEGEND:
%ESIDENTIAL
RESIDENTIAL - MOBILE HOME
COMMERCIAL
INDUSTRIAL
TRANS„ COMM, & UTILITIES
GOVERNMENT & INSTITUTIONAL
CULTURAL, ENTER„ & REC.
UNDEVELOPED
AGRICULTURE
FORESTLAND
MARSHLANDS
COMBINATION MARSH, FOREST,
BOGS, AND OTHER DIVERSE
VEGETATION COVER
PRESENT LAND USE CONDTIONS
The Belhaven Planning Area includes land within the town
limits and the area outside the town to a distance of one mile.
The total area is slightly over six square miles (3,859acres). Of this
total 72% (2,773 acres) is outside the town limits. The remainder,
1.7 square miles is within corporate limits. Approximately 13%of
all land within the planning area is developed for urban
purposes and 81% of these developed lands are within the town
limits. Most of the developed lands are distributed fairly evenly
throughout the town with the more intensive uses centering
around the central business district and the transportation
routes.
The majority of the lands not developed for urban purposes
are devoted to forests, agriculture or wetlands. Eighty-seven
percent (87%) of these lands are in the one mile area. Similarly,
some lands suitable for urban development are presently vacant.
The majority (67%) of these lands are in the corporate limits.
Residential Land Use
Within the town limits there are about 180 vacant acres
presently zoned for residential use which have the basic services
(water, sewer, streets) necessary for development. If the average
lot size for residential use in Belhaven is approximately one
quarter acre (10,890 square feet or a lot slightly larger than 100
feet by 100 feet) the town can presently support an additional 720
new houses, if all the existing vacant developable residential
land is utilized to its maximum. Since the average household size
in Belhaven is 2.9 persons per house, the town could adequately
support an increase of almost 2,100 people within the existing
vacant residential zoning district.
Since the town's population increases are expected to be
minimal the town does not need additional residentially zoned
land during the next 50years. Since the area within the corporate
limits is presently served with essential water and sewer facilities,
efforts should be made to direct any additional residential
development within the corporate limits to minimize cost of
providing these and other services.
Industrial Land Use
There are presently about 150 acres (over 6.5 million square
feet) of potentially developable industrial land in the town limits.
(This includes vacant industrial zoned land and land zoned for
industrial use which is presently being used for a less intensive
purpose.) To put this figure in perspective an industry the size of
Belhaven Fish and Oyster Company occupies about 2 acres or
87,000 square feet of land. This figure includes parking facilities
also. Thus, Belhaven has the land capability of supporting the
equivalent of 75 industries the size of the Belhaven Fish and
Oyster Company within the present industrial zone. This means
that the town presently has adequate vacant developable
industrially zoned land to accommodate future potential
industrial use.
Commercial Land Use
It is estimated that there are presently at least 20 acres (over
871,000 square feet) of usable commercial land in Belhaven. This
includes vacant land zoned for commercial use as well as
presently vacant buildings which have the potential for
accommodating commercial uses. To put this figure in perspec-
tive, a commercial use occupying a building with a dimension of
65 feet by 65 feet (approximately the size of Dawson's Wholesale)
would occupy 4,225 square feet of floor space. Hence, Belhaven
presently has the land capability of supporting the equivalent of
over 200 such commercial use sizes with the same floor space
requirements within the present business zone. This means the
community appears to have adequate developable commercial
land to accommodate any foreseeable commercial develop-
ment.
PAST LAND USE CONDITIONS AND TRENDS
During the past decade land use conditions in Belhaven have
changed very little. There have been new development and
expansions in residential, commercial and industrial land uses.
At the same time there have also been demolitions, relocations,
and abandonment of these same type land uses. The end result is
that generally, new development has been equalized by
demolitions and relocations. The most significant changes that
have occurred during the decade is the shift from industrial and
commercial development within the corporate limits to these
uses being located outside the corporate limits along the major
highways. The most significant residential changes have been
the shift from conventional housing to mobile home use and the
development of limited public housing.