Zoning Ordinance-1989

DCM COPY DCM COPY
Please do not remove!!!!!
Division of Coastal Management.Copy
TOWN OF BURGAW
ZONING ORDINANCE
ADOPTED: MAY 4, 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.

1
TOWN OF BORGAW, NORTH CAROLINA
' ZONING ORDINANCE
'
BOARD OF COMMISSIONERS
'
John W. James, Jr., Mayor
R. E. Brown
Everett L. Durham, Sr.
William E. George, III
'
Johnny 0. Milam, Jr.
W. B. Nixon, Jr.
'
PLANNING BOARD
'
W. C. Blackmore, Chairman
Joe Knox Taylor, Vice Chairman
Norwood Covil
Thurman Wells
'
Charles White
David Williams
Fred Johnson, Sr.
'
Bill Harrell
Beulah Wright
1
Prepared By:
' T. Dale Holland Consulting Planners
May, 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.
1

ZONING ORDINANCE
OF THE
TOWN OF BURGAW, NORTH CAROLINA
TABLE OF CONTENTS
Enactment
Preamble
Section 1.0 Authority and Enactment
1.1 Authority
1.2 Title
1.3 Purpose
1.4 Intent
1.5 Interpretation
Section
2.0 General Provisions
2.1
Introduction
2.2
Jurisdiction
2.3
Application of District Regulations
2.4
Only One Principal Building Permitted
on One Lot
2.5
Provision for Official Zoning Map
2.6
Replacement of Official Zoning Map
2.7
Rules for Interpretation of District
Boundaries
Section 3.0 Definitions
3.1 General
3.2 Tense and Number
3.3 Word Interpretation
3.4 Definitions
Section 4.0 Establishment of Jurisdiction and
4.1 Jurisdiction
4.2 Locations and Boundaries of Districts
4.3 Establishment of Zoning Districts, and
the Purpose Thereof
4.4 Conditional Use Districts
Page
i
i
2-1
2-1
2-1
2-2
2-2
2-2
2-3
3-1
3-1
3-1
3-2
Zoning Districts
4-1
4-2
4-2
4-5
Section 5.0 Application of General Regulations
' 5.1 Bona Fide Farm Exemption 5-1
5.2 Use 5-1
5.3 Only One Main Building, One Main Use on Lot, 5-1
' and Orientation of a Building
5.4 Minimum Yards 5-2
5.5 Lot Subdivision 5-2
5.6 Improvements Bond 5-2
' 5.7 Parking Storage, or Use of Major 5-2
Recreational Equipment

Page
Section 6.0 District Regulations
6.1 Table of Permitted Uses 6-1
6.2 Table of Area, Yard and Height Requirements 6-15
6.3 Planned Building Group Regulations 6-20
Section 7.0 Special Uses
7.1 Objectives and Purpose 7-1
7.2 Procedure for Special Use Permits Approved 7-1
by the Board of Adjustment
7.3 Procedure for Special Use Permit Granted by 7-3
the Town Board of Commissioners on
Recommendation of the Planning Board
7.4 Table of Regulations for Special Uses 7-5
Section 8.0 Off -Street Parking and Off -Street Loading
Requirements
8.1
Exemptions
8-1
8.2
General
8-1
8.3
Minimum Parking Requirements
8-2
8.4
Off -Street Loading Requirements
8-4
Section
9.0 Regulations for Signs and Billboards
9.1
General Provisions
9-1
9.2
Traffic Safety
9-1
9.3
Maintenance
9-1
9.4
Construction Prohibited
9-1
9.5
Illumination
9-2
9.6
Nonconforming Signs
9-2
9.7
Exclusion
9-2
9.8
Administration
9-2
9.9
Filing Procedure
9-3
9.10
Signs Which Do Not Require A Permit
9-3
9.11
Setback Requirements
9-4
9.12
Signs Which Require A Permit
9-4
9.13
Principal Use Signs
9-4
9.14
Outdoor Advertising Signs
9-5
9.15
Projecting Signs and Devices
9-6
9.16
Removal of Vacated Business Identification
9-7
Signs
Section 10.0 Nonconforming Situations
10.1
Continuation of Nonconforming Situations
10-1
and Completion of Nonconforming Projects
10.2
Nonconforming Lots
10-1
10.3
Extension or Enlargement of Nonconfirming
10-1
Situations
10.4
Change in Kind of Nonconforming Use
10-4
10.5
Abandonment and Discontinuance of
10-4
Nonconforming Situations
10.6
Completion of Nonconforming Projects
10-5
I
C
1

Page
Section
11.0 Administration and Enforcement
11.1
Administration and Enforcement
11-1
'
11.2
Building Permit Requirements
11-1
11.3
Application for Building Permit
11-1
11.4
Expiration of Building Permit
11-2
11.5
Building Permit for New or Altered Uses
11-2
'
11.6
Construction and Use to be as Stated on
11-3
Building Permits
'
11.7
11.8
Right of Appeal
Certificate of Occupancy
11-3
11-3
11.9
Duties of Building Inspector, Board of
11-3
Adjustment, Courts and Town Commissioners
'
as to Matters of Appeal
11.10
Zoning Permit
11-4
11.11
Protest Vote Requirement
11-4
'
Section
12.0 Amendments
12.1
Amending the Ordinance
12-1
12.2
Action by the Planning Board
12-1
'
12.3
Action by the Town Commissioners
12-1
12.4
Resubmission of a Denial Petition
12-2
' Section 13.0 Board of Adjustment
13.1 Creating the Board of Adjustment 13-1
13.2 Meetings 13-1
13.3
Filing
and Notice for an Appeal
13-1
'
13.4
Powers
and Duties
13-2
13.5
Appeal
from the Board of Adjustment
13-3
' Section 14.0 Legal Provisions
14.1 Complaints Regarding Violations 14-1
14.2 Penalties for Violation (G.S. 160A-175) 14-1
' 14.3 Approval of Pender County Board of Health 14-1
14.4 Separability and Non -Liability 14-2
14.5 Effective Date 14-2

1
' ZONING ORDINANCE
OF THE
TOWN OF BURGAW, NORTH CAROLINA
ENACTMENT:
' AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS
FOR THE TOWN OF BURGAW, 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 Burgaw to enact a zoning ordinance and to provide for its
administration, enforcement, and amendment, and
' WHEREAS, the Town Commissioners deem 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 Town Commissioners have 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 dis-
tricts and has prepared regulations pertaining to such districts
' in accordance with the Land Use Plan and 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 consider-
ation, 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
,, 1

WHEREAS, the Town Commissioners have P
given due ublic notice '
9
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 Town Commissioners have
been met;
NOW THEREFORE BE IT ORDAINED BY THE TOWN OF BURGAW, NORTH '
CAROLINA, AS FOLLOWS:
ii I

1 SECTION 1.0 AUTHORITY AND ENACTMENT
H
0
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
Burgaw, North Carolina, do ordain as follows;
1.2 Title
This Ordinance shall be known as, referred to, and cited as
the "ZONING ORDINANCE, BURGAAI, 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 Burgaw, 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 Town limits of Burgaw and the extra-
territorial jurisdiction adopted April 2, 1974.
2. Regulate and restrict lot coverage, population density
and distribution, and the location and size of all
structures within Town limits of Burgaw and the extra-
territorial jurisdiction.
3. Implement Town land use plan prepared in accordance with
the Coastal Area Management Act of 1974 and adopted by
the Town so as to:
Secure Safety from fire, flooding, panic and other
angers;
Provide Adequate light, air, sanitation, drainage;
Further the Appropriate use of land, and conservation. of
natural resources;

Obtain the Wise Use,'conservation, development, and
protection of the Community's water, soil, woodland, and
wildlife resources and attain a balance between land
uses and the ability of the natural resource base to
support and sustain such uses;
Prevent Overcrowding, and avoid undue population
concentration an urban sprawl;
Stabilize and Protect the natural beauty and property
values.
Lessen Congestion in and promote the safety and
efficiency of t e streets and highways.
Facilitate the Adequate provision of public facilities
and utilities;
Preserve Natural Growth and Cover and promote the
natura beauty of the Community.
1.5 Interpretation
In interpreting and applying the provisions of this Ordi-
nance, those provisions shall be held to be the minimum require-
ments 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. Like-
wise, where other ordinances, easements, covenants or other
agreements impose additional or greater restrictions than those
regulations set forth herein, the more restrictive regulations
shall have precedence.
1-2
F1
II
I
�i
I

ISECTION 2.0 GENERAL PROVISIONS
' 2.1 Introduction
' The proper regulation of the use of certain structures,
lands.and water, only through the use of the zoning districts
contained within this Ordinance, is neither feasible nor adequate.
Therefore, the following restrictions and regulations, which shall
' be applied in addition to the district regulations, are necessary
to accomplish the intent of this Ordinance.
2.2 Jurisdiction
The provisions of this Ordinance shall apply to all struc-
tures, land, water, and air within the jurisdiction of Burgaw,
North Carolina, including the permissible extraterritorial areas
1 of the Community as duly adopted and described by the Board of
Commissioners on the 2nd day of April, 1974.
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.
I
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, recon-
structed, moved, or structurally altered except in
conformity with all of the regulations herein specified
for the district in which is 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.
2-1

3. No part of a yard, or other open space required about or
in connection with any building for the purpose of com-
plying 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 Only One Principal Building Permitted On One Lot
No lot shall be occupied by more than one principal build-
ing. No part of a yard, court or other open space provided about
any building or structure for the purpose of complying with the
provisions of this Ordinance shall be included as a part of a yard
or other open space required under this Ordinance for another
building or structure. A residence shall always constitute a
principal use.
2.5 Provision for Official Zoning Map
Official Zoning Map - The Town of Burgaw 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 Commissioners 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 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.
2.6 Replacement of Official Zoning Map
In the event that the Official Zoning Map becomes damaged,
destroyed, lost, or difficult to interpret because of the nature
or number of changes and additions, the Town 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
2-2
C
P
d

' 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 Commissioners attested by the Town Clerk, and bearing the
seal of the Town of Burgaw. Unless the prior Official Zoning Map
has been lost, or has been totally destroyed, the prior map or any
significant parts thereof remaining, shall be preserved, together
with all available records pertaining to its adoption or
' amendment.
2.7 Rules for Interpretation of District Boundaries
Where uncertainty exists as to the boundaries of districts
as shown on the Official Zoning Map, the following rules shall
' apply:
1) Boundaries indicated as approximately following the
center lines of streets or highways, shall be construed
' to follow such center lines;
2) Boundaries indicated as approximately following the
' right-of-way of streets or highways, shall be construed
to follow such rights -of -way;
' 3) Boundaries indicated as approximately following platted
lot lines shall be construed as following such lot
lines;
' 4) Boundaries indicated as approximately following Town
Limits shall be construed as following such Town
Limits;
5) Boundaries indicated as following railroad lines shall
be construed to be midway between the main tracts;
' 6) Boundaries indicated as following shorelines shall be
construed to follow such shorelines, and in the event of
change in the shoreline shall be construed as moving
' with the actual shoreline; boundaries indicated as
approximately following the center lines of streams,
rivers, canals, lakes or other bodies of water shall be
' construed to follow such center lines;
7) Where physical or cultural features existing on the
ground are at variance with those shown on the Official
' Zoning Map, or in other circumstances not covered by
subsections one (1) through six (6) above, the Board of
Adjustment shall interpret the district boundaries.
1
2-3

'
SECTION 3.0
DEFINITIONS
'
3.1
General
For
the purpose of this Ordinance certain terms or words
'
used
herein
shall be interpreted as follows.
'
3.2
Tense and Number
1.
The present tense includes the future tense and the
'
future tense includes the present tense.
2.
The singular number includes the, plural number and the
'
plural number includes the singular number.
3.3
Word
Interpretations
1.
The word "may" is permissive.
'
2.
The words "shall" and "will" are mandatory.
3.
The word "County" shall mean the County of Pender, North
'
Carolina.
4.
The words "Zoning Board," "Zoning Commission," or
'
"Planning Commission" shall mean the Burgaw Planning
Board.
5.
The words "Town Commissioners" shall mean Town
'
Commissioners of Burgaw, North Carolina.
6.
The word "person" includes a firm, association, organ-
ization, partnership, trust, company, or corporation as
well as an individual.
7.
The words "used" or "occupied" include the words
intended, designed, or arranged to be used or occupied.
1
3-1

3.4
'
Definitions
e .
1.
Alley - A roadway easement which affords only a
'
secondary means of access to abutting property and is
not intended for general traffic circulation.
'
2.
Alter - To make any structural changes in the support-
ing or load -bearing portions of a building, such as
bearing walls, columns, beams, girdes or floor joists.
'
3.
A artment - A room or suite of one or more rooms, each
ot which as kitchen facilities and is designed or
intended to be used as an independent unit on a rental
'
basis.
4.
Assembly - A joining together of completely fabricated
parts to create a finished product.
'
5.
Attached Dwelling Unit for Individual Ownershi - A
dwelling unit having a common or party wallwit
'
another dwelling unit. Each attached dwelling unit is
characterized by its own subdivided lot of record which
is conveyed with the dwelling unit when purchased.
'
6.
Automobile Off -Street Parkin (commercial lot) - Any
building or premises, except [a building or premises]
described as a private garage, used for the storage of
,
motor vehicles for the public -or private business.
7.
Board of Adjustment - A semijudicial body, composed of
'
representatives from or for the planning area, which is
given certain powers under and relative to this
Ordinance.
'
8.
Boardinghouse - 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.
9.
Buildable Area - The portion of a lot remaining after
'
require yar s have been made.
10.
Building - Any building, structure, edifice or improve-
,
ments as commonly defined.
11.
Building, Accessory - A detached subordinate structure
operated and maintained under the same ownership and.
'
located on the same lot as the main building. No such
building may be inhabited or used by other than the
owners, lessee or tenant of the premises or their
'
employees.
3-2

L
0
12. Building, Commercial - Any building used for business
purposes.
13. Building, Detached - A building having no party or
common wall with another building except an accessory
building.
14. Building Groups, Planned - More than one (1) building
on a singe lot or tract, or nine (9) or more dwelling
units in a multifamily structure on a single lot or
tract.
15. 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.
16. Building Inspector - The person, officer, and his auth-
orized representatives, whom the Town Commissioners
have designated as their agent for the administration
and enforcement of these regulations.
17. Buildin Line Minimum - A line parallel to the street
rig t-o -way which establishes the minimum allowable
distance between the nearest portion of any building,
excluding the outermost three (3) feet of any uncovered
porches, steps, eaves, gutters and similar fixtures,
and the street right-of-way line, when measured perpen-
dicularly thereto, such minimum distance from the
street right-of-way line (being] as specified in
Section 6.2, "Table of Area, Yard and Height
Requirements."
18. Building, Main - A building in which the principal use
of the lot on which the building is situated is
conducted.
19. Building Site - Any lot, or portion thereof, or two (2)
or more contiguous lots, or portions thereof, of a
parcel of land upon which a building or buildings may
be erected in conformance with the provisions contained
herein.
20. Central Town Area - Being situated in the Town of
Burgaw, North Carolina as shown on the official map of
the Town of Burgaw, N.C., and being more particularly
described as follows:
3-3

BEGINNING at the center of the intersection of
Cowan and Bridgers Street; running westward in the
center of Bridgers Street to the center of inter-
section of Bridgers and McRae Street; running
south in the center of McRae Street to the center
of intersection of McRae and Wilmington Street;
running westward in the center of Wilmington
Street to the center of intersection of Wilmington
and Smith Street; running south in the center of
Smith Street to the center of intersection of
Smith and Freemont Street; running eastward in the
center of Freemont Street to the center of inter-
section of Freemont and McRae Street; running
southward in the center of McRae Street to the
center of the intersection of McRae Street and
Satchwell Street; running eastward in the center
of Satchwell Street to the center of the intersec-
tion of Satchwell and Wright Street; running
southward in the center of Wright Street to an
extended point of the common property line of the
late Jenette Faison and late Tom Bradshaw, Jr.;
running eastward along this property line and the
southern property line of Southern Bell Telephone
Company to an extended point in the middle of
Walker Street; running northward in the center of
Walker Street. to an extended point of the common
property line of Willie George and Everette
Durham; running eastward along. this common prop-
erty line to the center of an established city
alley; running north along this alley to the
center of Freemont Street; running eastward in the
middle of Freemont Street to the center of Cowan
Street; running south in the middle of Cowan
Street to the center of Osgood Branch; running
northeastward along Osgood Branch to the Common
property line of Pender County and Norman York;
running west along this common property line to
the center of Cowan Street; running north in the
center of Cowan Street to the center of the inter-
section of Cowan and Bridgers Street to the point
of beginning.
21. Certificate of Occupancy/Compliance - A statement,
signed by the Building Inspector or his authorized
agents, setting forth that the building, structure or
use complies with the zoning ordinance and construction
codes, and that the same may be used for the purpose
stated herein.
3-4
H
H
n
1

22.
- d
Church, Club, or Private Lodge An incorporate or
unincorporated association for civic, social, cultural,
'
religious, fraternal, literary, political, recre-
ational, or like activities, operated on a nonprofit
basis for the benefit of its members, and certified as
'
a nonprofit basis for the benefit of its members, and
certified as a nonprofit organization by the Secretary
of State of the State of North Carolina.
'
23.
Condominium - A dwelling unit in which the ownership of
the occupancy rights to the dwelling unit is individ-
ually owned or for sale to an individual and such
'
ownership is not inclusive of any land.
24.
Contractor, General - One who is engaged in all or more
aspects of uilding construction and/or land develop-
ment through a legal agreement.
25.
Contractor, Trades - One who accomplishes work or
'
provides tacilities under contract with another and
specifically engages in a specialized trade, such as
plumbing, heating, wiring, sheet metal and roofing
'
work, etc.
26.
Day Care Center - Inclusive of kindergarten, a facility
or the care and/or education of preschool age
children.
27.
Detention Facility - A structure designed and con-
'
structed for —the collection and storage of surface
water for subsequent gradual discharge.
28.
District - Any section of the Town of Burgaw and its
extraterritorial jurisdiction in which zoning
regulations are uniform.
'
29.
Drive-in Facility - An establishment at which employees
provide curb service to customers and at which the
'
consumer does not customarily leave his vehicle; or
accommodations through special equipment or
construction from which a person may receive a service
or place an order. Self-service gas pumps are excluded
from this definition.
30.
Dwelling, Single Famil - A detached building designed
or or occupied exclusively by one family.
3-5

31. Dwelling, Two Family (Duplex) - A detached residential
building containing two dwelling units, designed for
occupancy by not more than two families.
32. Dwellin , Multiple Famil - A residential building
designe for or occupie by two (2) or more families,
with the number of families in residence not exceeding
the number of dwelling units provided.
33. Dwelling Unit - One or more rooms together, consti-
tuting a separate, independent housekeeping establish-
ment for owner occupancy, or rental or lease on a
weekly, monthly, or lonqer basis, physically separated
from any other rooms or dwelling units which may be in
the same structure, containing independent cooking and
sleeping facilities, and designed as a residence for
one family.
34. Erect - Build, construct, rebuild, or reconstruct, as
the same are commonly defined.
35. Fabrication - The processing and/or assemblage of vari-
ous components into a complete or partially completed
commodity. Fabrication relates to stamping, cutting or
otherwise shaping the processed materials into useful
objects. The refining aspects of manufacturing and
other initial processing of basic raw materials such as
metal ores, lumber and rubber, etc., are excluded.
36. Fa, roily - One or more persons occupying a single dwell-
ing unit, provided that unless all members are related
by blood or marriage, no such family shall contain over
five (5) persons, but further provided that domestic
servants employed on the premises may be housed on the
premises without being counted as a family or
families.
37. Family Care Home - A home with support and supervisory
personnel that provides room and board, personal care
and habilitation services in a family environment for
not more than six (6) residents including handicapped
and nonhandicapped persons.
38. Fence - A continuous barrier constructed of wood,
stone, steel, wire or other.similar material.
39. Fence, Screen - A continuous, opaque, unperforated
barrier extending from the surface of the ground to a
uniform height of not less than eight (8) feet
constructed of wood, stone, steel or similar material.
h
U
7L
C�

40.
Fence, Securit - A continuous barrier extending from
the surface o the ground to a uniform height of not
'
less than eight (8) feet constructed of wood, stone,
steel, wire or other similar material.
41.
Fill - Any material used to raise the elevation of the
surface of the land, excluding a grade base and
paving.
42.
Fine Arts - Individual art pieces, not mass-produced,
consisting of one or more of the following: paintings,
drawings, etchings, sculptures, ceramics, inlays,
'
needlework, knitting, weaving and/or craftwork of
leather, wood, metal or glass.
43.
Flea Market - A commercial operation held on a regular
periodic basis and patronized by individual entre-
preneurs who transport a variety of merchandise to a
common geographical area for the purpose of sale or
trade to the general public. This definition does not
include sporadic and infrequent yard sales held in
'
residential areas.
44.
Flood Plain - An area abutting a watercourse and based
on available information from the Lower Cape Fear
District of the Soil Conservation Service of the U.S.
Department of Agriculture and the U.S. Geological
Survey.
45.
Fraternity or Sorority Houses - A building occupied and
maintained exclusively for college or university stu-
dents who are affiliated with a social, honorary, or
professional organization which is chartered by a
national, fraternal or sororal order and which is so
recognized by the college, university, or other insti-
tution of higher education.
46.
Frontage - All property abutting on one side of a
street measured along the street line.
47.
Garage, Private - A building or space, used as an
accessory to or a part of the main 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.
j
3-7

48. Gate - A door or other device attached to a fence
wT ch, when opened, provides a means of ingress and
egress of persons and things for which it was intended,
and which, when closed, forms a continuous barrier and
screen as a part of the fence in which it is attached.
49. Home for the Aged - A boarding home with more than six
(6) beds meeting all of the requirements of the State
of North Carolina for the boarding and care of persons
who are not critically ill and who do not need regular
professional medical attention.
50. Home Occu ation - Certain specified occupations custom-
ari y conducted for profit within a dwelling unit and
carried on by the occupant thereof. Criteria for the
classification of a home occupation is contained in the
ordinance.
51. Im rovements - The addition of any .building, accessory
building, parking area, loading area, fence, wall,
hedge, lawn or mass planting (except to prevent soil
erosion) to a lot or parcel of property.
52. Industry, Pilot O eration - Any manufacturing estab-
lishment that produces only research and/or sample
products and is not engaged in the mass production of
any product for wholesale or retail to the general
public or other businesses. This definition shall also
include custom manufacturing of commodities produced by
skilled artisans or craftsmen, but is not inclusive of
the mass production of any commodity by such artisans
or craftsmen.
53. Junk - Preused or unusable metallic parts and other
nonmetallic manufactured products that are worn, dete-
riorated or obsolete, making them unusable in their
existing condition, but are subject to being dismantled
and salvaged.
54. Junk Yard - Any land or area use, in whole or in part,
for commercial storage and/or sale of waste paper,
rags, scrap metal, or other junk, and including storage
of scrapped motor vehicles and dismantling of such
vehicles or machinery.
55. Level, Floor - The bottom portion, inclusive of
orizontal sills, of the first living floor of a
structure intended for occupancy.
RE
I
I

11
55. Lot - Land area of defined boundaries in single owner -
slip, set aside for separate use or occupancy and is
recorded as such in the office of the Pender County
registrar of deeds.
57. Lot Area of - The parcel of land enclosed within the
boundaries formed by the proerty lines, plus one-half
of any alley abutting the lot between the boundaries of
the lot, if extended.
58. Lot, Corner - Any parcel of land having frontage on
more than one street (road) which abuts an intersection
of those streets (roads).
59. Lot, Denth - 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 mid-
point of the front line to the midpoint of the opposite
lot line.
60. Lot Line - Any boundary of a parcel of land.
61. Lot Line, Front -
a) If a lot has one property line which is coterminus
with a stret right-of-way line, such line shall
constitute the front lot line;
b) If a lot has two (2) property lines which are also
street right-of-way lines abutting different streets
and those two (2) property (street right-of-way)
lines form an angle between 80 degrees and 100
degrees, then the shorter of those two (2) lines
shall constitute the front property line; if both
lines are equal, the front property line shall be
determined by the property owner if a front property
line has not been designated on the final plat
(minimum building lines are construed to designate
the front lot line);
c) If a lot is not encompassed by provision (a) or (b)
and no front property line is designated on the
final plat, the front property line shall be desig-
nated by the board of adjustment.
3-9

7
'
62.
Lot Line Rear - The rear lot line shall be the ro
P P-
erty line(s) which is (are) opposite the front property
line. If no property line is deemed by the supervisor
'
of inspection services or his authorized agents to be
opposite the front property line and no minimum build-
ing line exists on the final plat to establish a rear
lot line, then there shall be no rear lot line;
however, the rear yard setback shall be maintained from
the point (apex) on the property's perimeter which is
the furthest removed from the mid point of the front
'
line. The rear yard minimum building line shall be a
line perpendicular to a straight line connecting said
apex and the mid point of the front lot line.
'
63.
Lot Line, Side - A boundary line which is not defined
as a tront or rear lot line.
,
64.
Lot of Record - A lot, a plat or a map which has been
recoMeTin `the office of the registrar of deeds of
Pender County, or a lot described by metes and bounds,
'
the description of which has been recorded in the
aforementioned office.
,
65.
Lot Width - The distance between the side property
Ines a ong the front minimum building line as speci-
fied by the applicable front yard setback in Section
6.2, "Table of Area, Yard and Height Requirements."
,
66.
Mobile Home - A mobile home is a structure that:
a) consists of a single unit completely assembled at
,
the factory or of two (double -wide) or three (triple -
wide) principal components totally assembled at the
factory and joined together at the site; and b) is
designed so that the total structure (or in the case of
a double -wide or triple -wide, each component thereof)
can be transported on its own chassis; and c) is over
32 feet long and over 8 feet wide; and d) is not perma-
nently attached to a foundation. A structure that is
otherwise defined herein as a mobile home is
permanently attached to its foundation if: 1) the
,
foundation was constructed in such a way or at such
expense as to make it unlikely that the mobile home
placed upon it will later be removed; or 2) if the
mobile home cannot be removed from the foundation with-
out great expense or severe damage to the mobile home.
67.
Mobile Home Lot - A mobile home lot is a piece of land
within a mobile home park whose boundaries are
delineated in accordance with the requirements of the
Ordinance.
3-10

n
r
68. Mobile Home Park - A mobile home park is a piece of
land so designe and improved that it is licensed as a
mobile home park under this Ordinance, or a piece of
land licensed as a non -conforming park under Section
10 of this Ordinance.
69. Multifamily Development - A single building on a single
lot or tract containing more than two (2) but less than
nine (9) dwelling units.
70. Nursing Home - A convalescent facility having over six
(6) beds meeting all of the requirements of the State
of North Carolina for the boarding and care of persons
who cannot care for themselves.
71. Open Spaces - An area (land and/or water) generally
lacking in manmade structures and reserved for the
enjoyment of residents of the Planned Unit Development,
or other group project. Common open spaces may contain
accessory structure, and improvements necessary or
desirable for religious, education, non-commercial,
recreational, or cultural uses.
72. Parking Space, Off Street - For the purposes of this
Ordinance, an off-street parking space shall consist of
a space adequate for parking an automobile with room
for opening doors in both sides, together with properly
related access to a public street or alley and maneu-
vering room.
73. Planned Building Grou - A residential project contain-
ing nine or more attached dwelling units, a resi-
dential project with attached dwelling units for
individual ownership; a commercial and/or institutional
project located in a B-1 or B-2 Zoning District; a
commercial and/or office -institutional project located
within an 0-I, B-1 or B-2 Zoning District involving the
construction of a building greater than seven thousand
(7,000) square feet; a commercial and/or office -insti-
tutional project within an 0-I, B-1 or B-2 Zoning
District involving the construction of more than one
(1) building); or a mobile home park.
74. Planned Unit Development - The development of property
which allows the mixing of residential and commercial
development within the PUD zoning district.
3-11

75. Planning Board - A commission appointed by the Town '
Boar3 of Commissioners and by the County Commissioners
for the following purposes: '
a) To develop and recommend long-range development
plans and policies. '
b) To advise the Town Board of Commissioners in matters
pertaining to current physical development and ,
zoning for the Town's planning jurisdiction.
76. Processing - Any operation changing the nature of a
materia or a material's chemical composition or '
physical properties; does not include operations
described as fabrication.
77. Rehabilitation Facility - A residential (provision of '
living quarters for seven (7) or more residents) or
nonresidential facility utilized by participants in
programs providing guidance, counseling or therapy. '
This definition does not include a facility providing
rehabilitation services to psychotics, severely
mentally retarded individuals or persons who have '
demonstrated a known pattern of violence (this
criterion does not exclude those convicted of violent
offenses per se, only those whose behavior patterns are
such that they may frequently resort to violence). '
78. Retail - Sale of a commodity, [the sale being] to the
ultimate consumer and [the commodity being] not custom-
arilyI
subject to sale again.
79. Salvage Operation - The reclamation, dismantling or '
storage of preused commodities, junk and similar mate-
rial for the purposes of resale, processing, distribu-
tion or deposition.
80. School - Any public or private institution for the ,
teaching of children.
81. Service Station - A building or lot dedicated to the '
rendering of automotive services such as the sale of
gasoline, oil, grease, and accessories and the minor '
repair of automobiles such as tune-ups, brake adjust-
ments, overhauling, and tire changes, excluding body
-work and painting.
3-12 '
CI

P
E
82. Setback - The minimum required distance existing
Between the abutting street right-of-way line (if no
street right-of-way line is involved, the subject prop-
erty line) and the minimum building line as specified
in Section 6.2, "Table of Area, Yard and Height
Requirements."
83. Shelter, Fallout - A structure or portion of a
structure that provides protection to human life during
periods of danger from nuclear fallout, air raids,
storms, or other emergencies.
84. Sign - Any words, lettering, parts of letters, pic-
tures, 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.
85. Sign,.Area - The surface area of a sign shall be
computed as including the entire area visible from any
one point, within a regular geometric form or combi-
nations of regular geometric forms comprising all of
the display area of the sign including lattice work,
wall work, and individual letters and spaces between
letters comprising part(s) of the sign. Computations
of sign area shall include only one side of a double-
faced sign structure. If a sign has two sides joined
at an angle of greater than 60°, the surfaces of both
sides of the sign shall be included in the computation
of area.
86. Sign, Business Identificatign - Any sign which adver-
tises an establishment, ervice, commodity or activity
conducted upon the premises whre such sign is located.
87. Sign, Outdoor Advertising - Any sign which advertises
t an esablishment, service, commodity, goods or enter-
tainment sold or offered on premises other than that on
which such sign is located.
88. Sign, Portable - Any sign not exceeding fifty (50)
square feet in billboard area and not permanently
attached to the property on which it is located.
89. Storage - The deposition of commodities or items for.
the urpose of future use or safekeeping.
3-13
0

90. Street - A public thoroughfare which affords access to
abutting property and is recorded as such in the office
of the Pender County registrar of deeds.
91. Structure - See "Building."
92. Subdivision - All divisions of a tract or parcel of
lanc�in'- to 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:
(a) 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;
(b) The division of land into parcels greater than ten
(10) acres, where no street right-of-way dedication
is involved;
(c) The public acquisition by purchase of strips of
land for the widening or openings of streets;
(d) The division of a tract in. single ownership whose
entire area is no greater than two (2) acres into
not more than three (3) lots, where no street
right-of-way dedication is involved and where the
resultant lots are equal to or exceed the standards
contained in the subdivision ordinance.
93. Tourist Home - Any building occupied by owner or
operator in which rooms are rented for lodging of
transients and travelers for compensation.
94. Tract - A tract is a piece of land whose boundaries
have been described or delimited by a legal instrument
or map recorded in the office of the Pender County
registrar of deeds.
95. 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
3-14

(c) Is not over thirty-two (32) feet in length and
' eight (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.
'
96.
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.
97.
Use, Accessory - A use incidental to and customarily
associate3 wit the use -by -right and located on the
'
same lot with the use -by -right, and operated and main-
tained under the same ownership with the operation of
'
the use -by -right.
98.
Use-b -Ri ht - A use which is listed as an uncondition-
y permitted activity in this Ordinance.
99.
Use, Conditional - A use that would not be appropriate
generally as a right without restriction throughout a
zoning district, but subject to a finding by the
'
Planning Board and Town Board of Commissioners that if
controlled as to number, area,. location, or relation to
neighborhood, would promote the public health, safety,
'
morals, or the general welfare.
100.
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.
101.
Use, Non.Farm - Any use of property which is not encom-
passed y t e definition of a farm as so defined in
this Ordinance.
i
102..
Use, Special - A use permitted in a zone only after
specific endings by the board of adjustment or Town
Board of Commissioners.
103.
Variance - A modification or alteration of any of the
requirements of this Ordinance.
104.
Vegetation Screen - Evergreen trees, including, but not
limited to, evergreen shrubs or plants with a minimum
height of six (6) inches when planted, which reach a
height of at least six (6) feet within five (5) years.
3-15

105.
Visible - Capable of being seen without visual aid by a
person of normal visual acuity.
'
106.
Warehouse A building or compartment in a building
used a-M—appropriated by the occupant for the deposit
and safekeeping or selling of his own goods at whole-
sale 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.
,
107.
Wholesale - Sale of a commodity for resale to the
public for direct consumption.
'
108.
Yard - A required open space unoccupied and
unogstructed by a structure or portion of a structure,
provided, however, that fences, walls, poles, posts,
and other customary yard accessories, ornaments, and
furniture may be permitted in any yard subject to
height limitations and requirements limiting
obstruction of visibility.
'
109.
Yard, Front - An area extending between side lot lines
across t e front of a lot adjoining a street. Depth of
'
required front yards shall be measured at right angles
to a straight line adjoining the foremost points of the
side lot lines. The foremost point of the side lot
line, in the case of rounded property corners at street
,
intersections, shall be assumed to be the point at
which the side and front lot lines would have met
without such rounding.
'
110.
Yard, Rear - An area extending across the full width of
the lot and lying between the rear lot line and a line
'
parallel thereto at a distance therefrom as required in
the applicable district.
111.
Yard, Side - An area extending along the length of the
'
lot between the required front yard and the required
rear yard, and between the side lot line and a line
parallel thereto and a distance therefrom as required
'
in the various districts.
112.
Zoning Certificate - A certification by the Building
Inspector or his 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.
3-16

SECTION 4.0 ESTABLISHMENT OF JURISDICTION AND ZONING DISTRICTS
' 4.1 Jurisdiction
' The provisions of'this Ordinance shall apply within the
corporate limits of the Town of Burgaw and within the territory
beyond the corporate limits within the extraterritorial boundary,
' as shown on the map accompanying this Ordinance and made a part
hereof entitled "Zoning Map of the Town of Burgaw and Surrounding
Area," dated May 4, 1989.
' 4.2 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 "Official Zoning Map, Town of Burgaw and
' Surrounding Area" dated May 4, 1989, and adopted by the Town Board
of Commissioners. The zoning map, and all the notations, refer-
ences and amendments thereto and other information shown, are
' hereby made a part of this Ordinance. The zoning map shall be
kept on file in the office of the Town Clerk and shall be avail-
able 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 herein-
after set forth are hereby established and declared to be in
' effect upon all land included within the boundaries of each and
every district as shown upon said map.
Where uncertainty exists with respect to the boundaries of
' any of the aforesaid districts as shown on the zoning map, the
following rules shall apply:
' (1) 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.
(2) Where a district boundary divides a lot, the location of
such boundary, unless -the same is indicated by dimen-
sions on the zoning map, shall be one hundred fifty
(150) feet from the nearest street which it parallels.
1 4-1

4.3 EstablishmeAt of Zoning Districts, and the Purpose Thereof
For the purpose of this Ordinance, the Town of Burgaw and
'
its extraterritorial jurisdiction is divided into the following
classes of zones:
,
RA-20 Residential -Agricultural District:- The purpose of
this district shall be to maintain a compatible mixture of single-
family residential and agricultural uses with a density of two
families per acre for residential areas without community water
'
and/or sewer. The regulations of this district are intended to
discourage any use which because of its character would substan-
tially interfere with the development of residences and which
'
would be detrimental to the quiet residential nature of the areas
included within this district. No'RA-20 district shall be less
than four (4) acres in area.
'
RA-20CU Residential -Agricultural Conditional Use District:
Identical to the RA-20 Residential -Agricultural. District except
that a conditional use permit is required as a prerequisite to any
'
use or development as provided for in this Ordinance. No RA-20CU
district shall be approved unless it is located in or adjacent to
an established RA-20 district.
'
R-12 Residential District: The R-12 Residential District
is established as a district in which the principal use of land is '
for residential purposes and to insure that residential develop-
ment served by both community/public water- and sewer systems will
occur at sufficiently low densities to maintain a healthful envi-
ronment. No R-12 district shall be less than four (4) acres in
area.
R-12CU Residential Conditional Use District:
Identical to
'
R-12 Residential District
except that a conditional
use permit is
required as a prerequisite
to any use or development
as provided
for in this Ordinance. No
R-12CU district shall be
approved
'
unless it is located in or adjacent to an established R-12
district.
R-5 Multi -Family Residential District: The R-5 Multi- '
Family Residential District is established as a district in which
the principal use of land is for two-family and multi -family resi-
dences. The regulations of this district allow intensive develop- '
ment provided the necessary public or community water and sewer
systems are available. No R-5 district shall be ess than four
(4) acres in area. '
L
4-2

H
R-5CU Multi -Family Residential Conditional Use District:
Identical to the R-5 Multi -Family Residential District except that
' a conditional use permit is required as a prerequisite to any use
or development as provided for in this Ordinance. No R-5CU
district shall be approved unless it is located in or adjacent to
' an established R-5 district.
R-5MH Residential Mobile District: This district is de-
fined as medium -density residential areas encompassing individual
mobile homes and conventional single-family dwellings and addi-
tional open areas where similar residential development will be a
t viable land use. The uses permitted in this district are designed
to stabilize and protect the essential character of the area and
to prohibit all activities of a commercial nature except certain
home occupations controlled by specific limitations. The regula-
tions of this district allow intensive development provided the
necessary public or community water and sewer systems are avail-
able. No R-5MH district shall—.=e�ess tFian four (4) acres in
' area.
R-5MHCU Residential Mobile Conditional Use District:
Identical to the R-5MH Residential Mobile Home District exept that
' a conditional use permit is required as a prerequisite to any use
or development as provided for in this Ordinance. No R-5MHCU
district shall be approved unless it is located in or adjacent to
' an established R-5MH district.
PUD Planned Unit Develpment: This.district is defined as
' an area characterized by an orderly integration of residential,
commercial (inclusive of offices and institutions), and open space
land uses which conform to the design requirements contained here-
in. No PUD district shall be less than twenty-five (25) acres in
' area.
PUDCU Planned Unit Development Conditional Use District:
' Identical to the PUD Planned Unit Development District except that
a conditional use permit is required as a prerequisite to any use
or development as provided for in this Ordinance. No PUDCU
' district shall be approved unless it is located in or adjacent to
an established PUD district.
O-I Office and Institutional District: This district is
defined as certain land areas with structures that provide office
space for professional services and for certain institutional
functions and residential accommodations, usually medium or high -
density in nature. The district is normally small and may include
older homes undergoing conversion. This district is usually situ-
ated between business and residential districts, and the regula-
tions are designed to permit development of the permitted func-
tions and still protect and be compatible with nearby residential
districts. No O-I district shall be less than four (4) acres in
area.
4-3

O-ICU Office and Institutional Conditional Use District:
Identical to the 0-I Office and Institutional District except that
a conditional use permit is required as a prerequisite to any use
or development as provided for in this Ordinance. No 0-ICU
district shall be approved unless it is located in or adjacent to
an established 0-I district.
B-1 Central Business District: The regulations for this
district are designed to permit a concentrated development of.
permitted facilities within the central portion of Burgaw with
emphasis upon large scale stores and specialized shops serving a
retail trading area. No B-1 district shall be less than four (4)
acres in area.
B-1CU Central Business Conditional Use District: Identical
to the B-1 Central Business District except that a conditional use
permit is required as a prerequisite to any use or development as
provided for in this Ordinance. No B-1CU district shall be
approved unless it is located in or adjacent to an established B-1
district.
B-2 Neighborhood Business District: The Neighborhood
Business District is established as a district in which the prin-
cipal use of land is to provide for the retailing of goods and
services to the adjacent residential neighborhoods. The regula-
tions of this district are intended to provide for retail trades
and services in designed shopping areas, where the nature of the
development occurring is limited by standards designed to protect
the abutting residential areas. No B-2 district shall be less
than four (4) acres in area.
B-2CU Neighborhood Business Conditional Use District:
Identical to the B-2 Neighborhood Business District except that a
conditional use permit is required as a prerequisite to any use or
development as provided for in this Ordinance. No B-2CU district
shall be approved unless it is located in or adjacent to an
established B-2 district.
I-1 Light Industrial District: This district is defined
as an area in which manufacturing establishments that product
commodities with a minimum of noise, gaseous emissions and other
objectionable external effects customarily associated with an
industrial process may be developed. The array of permitted uses
is limited to the environmentally protective nature of this dis-
trict. No I-1 district will be less than four (4) acres in area.
I-1CU Light Industrial Conditional Use District: Identical
to the I-1 Light Industrial District except that a conditional use
permit is required as a prerequisite to any use or development as
provided for in this Ordinance. No I-1CU district shall be
approved unless it is located in or adjacent to an established I-1
district.
4-4
F
I

I-2 Heavy Industrial District: This district is defined
' as an area where most manufacturing establishments may be devel-
oped. This district is customarily located in proximity to rail-
road sidings and/or major thoroughfares. The purpose of this
district is to permit the normal operations of almost all indus-
tries except those that would be detrimental to adjoining proper-
ties. Excluded from this district are those industries which are
noxious by (reason of] the emission of smoke, dust, glare, noise
and vibrations and those industries which deal primarily in
' hazardous products such as explosives. No I-2 district shall be
less than five (5) acres in area.
' I-2CU Heavy Industrial Conditional Use District: Identical
to the I-2 Heavy Industrial District except that a conditional use
permit is required as a prerequisite to any use or development as
' provided for in this Ordinance. No I-2CU district shall be
approved unless it is located in or adjacent to an established I-2
district.
' FP Flood Plain District: The purpose of this district
shall be to encourage the utilization of the floodplains by uses
which would not be damaged or destroyed by highwaters. (See
definition: Flood Plain.)
' 4.4 Conditional Use Districts
It will be noted that a Conditional Use District (bearing
the designation CU) corresponds to each of the other districts
authorized in this Ordinance. It is recognized that certain types
of zoning districts would be inappropriate at particular locations
in the absence of special conditions. Where the applicant for
' rezoning desires property to be rezoned to such a district in such
situations, the Conditional Use District is a means by which such
special conditions can be imposed in the furtherance of the
' purpose of this Ordinance. The Conditional Use District classifi-
cation will be considered only upon request of the applicant for
rezoning. If for any reason any condition imposed pursuant to
these regulations is found to be illegal or invalid, it is the
' intent of this Ordinance that the authorization of that particular
conditional use shall be null and void. All other authorized
conditions associated with the request shall remain in effect.
Within a Conditional Use District, (sometimes referred to as
CUD), only those uses authorized by Section 6.1, "Table of Per-
mitted Uses," as permitted in the zoning district with which the
CUD corresponds shall be permitted, and all other requirements of
the corresponding district shall be met. In addition, within a
CUD no use shall be permitted except pursuant to a conditional use
' permit authorized by the Town Board of Commissioners, which shall
4-5

specify the use or uses authorized. Such permit may specify the '
of dwelling units, the location and extent of supporting facili-
ties such as parking lots, driveways, and access streets, the '
timing of development, the location and extent of right-of-way and
other areas to be dedicated for public use, and other such similar
conditions as the applicant may propose as conditions upon the '
request but not to include architectural review or controls.
The authorization of a conditional use permit in any CUD for
any use which is permitted only as a special use as authorized in '
Section 7 in the zoning district which corresponds to the CUD
shall preclude any requirement for obtaining a special use permit
for any such use from the board of adjustment or Town Board of '
Commissioners.
P
H
J
4-6 '

SECTION 5.0 APPLICATION OF GENERAL REGULATIONS
' 5.1 Bona Fide Farm Exemption
�7
This Ordinance shall in no way regulate, restrict, prohibit
or otherwise deter any bona fide farm and its related uses within
the extraterritorial jurisdiction; except that in case of conver-
sion of such uses to nonagricultural or nonfarm purposes, a zoning
certificate shall be procured, and the new use must comply with
all regulations for the district in which it is situated. within
the corporate limits, vegetative crop production shall be exempt
from the provisions of this Ordinance.
5.2 Use
No building or land shall hereafter be used or occupied and
no building or part thereof shall be erected,.moved or structur-
ally altered except in conformity with the uses and dimensional
regulations of this Ordinance, or amendments thereto, for the
district in which it is located.
5.3 Only One Main Building, One Main Use on Lot, and Orientation
ot 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 build-
ing and permitted accessory building on the lot nor more than one
main use (e.g., commercial, industrial or residential) per build-
ing and lot; provided that this requirement shall not apply to
uses that are permitted by the Table of Permitted Uses (Section 6)
within the same zoning district and located in the same building,
nor to motels or mobile home parks, nor to planned building groups
approved by the planning board, nor to a bona fide farm use. In
the case of applications for double occupancy permits involving a
residential use and a nonresidential use of the same building in
an 0-I or B-2 zone, where the Building Inspector or his authorized
agents deem that an above -normal safety hazard exists due to the
storage of chemicals or explosive commodities, such applications
shall be forwarded to the board of adjustment for a determination
of whether or not a safety hazard exists which would create a
substantial detriment to the proposed residential occupancy,
residential occupancy of that building shall be prohibited.
5-1

5.4 Minimum Yards
The minimum yards or other open spaces required by this '
Ordinance, including those provisions regulating intensity of use,
for each and every building hereafter erected or structurally
altered shall not be encroached upon or considered as meeting the '
yard or open space requirements or the intensity of use provisions
for any other building.
5.5 Lot Subdivision
No lot shall hereafter be so reduced in area as to cause any '
open space required by this Ordinance to be less in any dimension
than is herein required by the minimum yard requirements of the
zone in which the lot in question is situated. '
5.6 Improvements Bond
No final certificate of occupancy/compliance for a commer-
cial, residential or mobile home park planned building group will
be issued until all required site improvements have been I
completed.
In lieu of completion of all required site improvements, the '
developer of the planned group may enter into a contract with the
Town of Burgaw providing for the installation of Town improvements
within a designated period of time. Performance of said contract
shall be secured by a cash or surety bond which will cover the
total estimated cost of the improvements as determined by the Town
of Burgaw; provided, however, that said bond may be waived by the
Town Board of Commissioners within its discretion. ,
5.7 Parking Storage, or Use of Major.Recreational Equipment '
For the purposes of these regulations, major recreational
equipment is defined as including boats and boat trailers, travel
trailers, pick-up campers or coaches (designed to be mounted on '
automotive vehicles), motorized dwellings, tent trailers, and the
like, and cases or boxes used for transporting recreational equip-
ment, whether occupied by such equipment or not. No major recre-
ational equipment shall be parked or stored on any lot in a
residential district except in a car port or enclosed building or
behind the nearest portion of a building to a street, provided ,
however that such equipment may be parked anywhere on residential
premises for not to exceed 24 hours during loading or unloading.
No such equipment shall be used for living, sleeping, or house-
keeping purposes when parked or stored on a residential lot, or in '
any location not approved for such use.
5-2

SECTION 6.0 DISTRICT REGULATIONS
'
6.1 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 or Town Board
of Commissioners are indicated by "s."
See the table of special
uses, Section 7, for details of each
special use.
'
Districts in which particular
uses are prohibited are
indicated by a blank.
1
J
Any land use listed in the table of permitted uses that
incorporates or utilizes a drive-in facility must have its site
design plan and proposed traffic circulation and parking plan
approved by the Town of Burgaw. Those plans must be approved
prior to construction of the drive-in facility.
All 0&I, B-11 B-2, I-1 and I-2 zoned property must provide
and maintain a dense planting of evergreen vegetation designed to
grow four ( 4 ) feet thick and six ( 6 ) feet high along all rear and
side property lines abutting property located in a residential
district.
Minimum zoning district area (acreage) requirements are
defined in Section 4.3, Establishment of Zoning Districts and the
Purpose Thereof.
6-1

V 1 J 1 ti'1
Abattoir 2mations
RA-20
R-12
R-5
R-5MH
P
O&I
B-1
B-2
I-1
I-2
FP
x
Accessory building
x
x
x
x
x
x
x
x
x
x
Accessory uses (Incidental to any permitted use
(See note 2)
x
x
x
x
x
x
x
x
x
x
Addressing service
x
x
x
Agriculture or farm use
x
x
x
A rt operations
x
Alcoholic ver es, packaged, retail sale
x
x
x
u ance service rescue s
x
x
x
Animal medical care (including Joanne rat ions)
s
x
Apparel accessory sales
x
x
x
Assemblies (assembly hall, armory, stadium,
coliseum)
x
s
x
x
Art alle
x
x
x
x
Auction sales (excluding livestoc auctions
x
Automobile off-street parking
(canmercial lots)
s
s
s
s
s
s
x
x
x
x
Automobile parts and accessoKy sales
x
x
Automobile and truck rental
x
x
Automobile repair and/or body wonk (excluding
canmercial.wrecking, dismantling or storage
of junked vehicles)
x
Automo i e sales, new and used
x
x
Automobile service station operations
(see note 3)
x
x
Automobile au car wash
x
Bakery production and wholesale sales
..
.
x
Baking, on -premises and retail o
x
x
x
Bank, savings and loan company, arxi other
financial actiities
x
x
x
x
+See Note 1.

Table of Permitted Uses
Barber or beauty college instruction
RA-20
R-12
R-5
R-5MH
PUD4
0&I
B-1
B-2
I-1
I-2
FP
x
x
x
Barbering ai ressi services
x
x
x
x
Bic c e salesre air
x
x
x
Blacksmith services
x
x
Boardinghouse operation
x
x
x
x
Boats and accessories, retail sales and service
x
Books ard print-U—matter, istr ution
x
x
Boo binding
x
Bottled gas distribution, bulk storage
(see note 4)
x
Bottling
x
Builders supply no outside storage)
x
Builders supply (with outside storage
(see note 2)
x
Bus repair and storage terminal activities
x
Bus station activities
x
Cabinebnak'lng with exterior work storage
x
C inetmaking with interior work and storage
and no excessive noise
x
x
x
x
Cam s ang-caTipgrounds
x
x
Candy or confectionary making, on premises
and retail only
x
x
x
Carpet and rug_cleaningx
Catalogue sales
x
Cemetery
s
s
s
s
s
s
C urch
x
x
x
x
x
x
x
Clinic services, medical ent
x
x
C= or lodge
x
x
Coal sales and storage
x
Contractor, generaf(excluding outside storage
of equipment or su lies)
x
X.
Contractor, general wit outside storage of
_equipment or supplies) [see note 2]
x
+See Note 1.

rn
i
Table of Permitted Uses
Construction storage (see note 2)
RA-20
R-12
R-5
R-5MH
P
O&I
B-1
B-2
I-1
I-2
FP
x
Contractor, trades (excluding outside storage
of equipment or su lies)
x
x
x
x
x
Contractor, trades (with outside storage of
e ui nt or su lies) [see note 21
x
Curio and souvenir sales
x
x
Dairy products sales, on -premises retail
sales only
x
x
x
Dairy products, sales and processing
x
D2y care center kinde arten
s
s
s
s
s
s
s
Delicatessen M2ration (including catering)
x
x
x
Dry cleaning and laundry, commerce
(see note 5)
x
x
x
Dry cleaning or laundry (customer self-service
(see note 5)
x
x
x
Dwe ling, se le-famil
x
x
x
x
x
x
Dwe ling, two-fMily
X
x
x
Dwelling, multigle-fwny
x
x
s
Eating or drinking tacilities
(drive-ins excluded)
x
x
x
Elastic manufacture
x
x
Employees service (not designed for or
available to public customers)
x
x
x
x
x
x
Exterminating service
x
x
Ta-Irground activities (including carnivals
and circuses)
x
Family care unit
x
x
x
x
x
x
Farm machinery sales and servici
x
Farm supplies merchandising (excluding
farm machinery
x
Feed and gralnmx
x
+See Note 1.

rn
1
U1
Table of Pemitted Uses
Fill (earth elevation)
RA-20
R-12
R-5
R-5MH
P
O&I
B-1
B-2
I-1
I-2
FP
x
x
x
x
x
x
x
x
x
x
Fire station operations
x
x
x
x
x
x
x
x
x
x
Flea market
x
x
Flower shop
x
x
x
FoWsales
x
x
x
Food freezer rations
x
Forest and outdoor plant nurseries
x
Funeral e
s
s
Fur sales, including cold storage
x
x
Gagne fam
x
x
Grain sales or storage
x
Golf course
s
s
s
s
x
Hardware, paint and garden supply gales
x
x
x
Hatchery rations
x
x
Historical preservation, ccmmercial. use
s
s
s
s
s
s
s
s
s
s
Hcme for the aged
s
s
Hare furnishing and appliance sales
x
x
x
Hane occupation (see note 6)
x
x
x
x
x
x
Hospital or sanitarium care except for the
insane, feebleminded and addicted)
x
x
Ice manufacturingx
incTu-'strial. sales of equipment or repair service
x
Industrial operations not otherwise listed
herein (except the uses listed in note 7)
x
I ustr i of ration
s
x
Janitorial service
x
x
x
Kennel rations, care
x
L rato rations, medical or dental
x
x
x
Laborato research
x
x
Library
s
s
s
s
s
x
x
x
Livestoc sales and auctions
x
+See Note 1.

I
Table of Permitted Uses
Locksmith, gunsmith
RA-20
R-12
R-5
R-5MH
P
O&I
B-1
B-2
I-1
I-2
FP
x
x
Machine tool manufacture or welds
x
Marina facilities (boat docks, ran s, piers, etc.)
s
x
Mobile a (i ivi ua , or residentialoccupancy)
[see note 81
x s
s
s
x s
s
Mo l e home (individual for office and exhibition)
s
s
s
s
s
s
s
s
s
s
Mobile home par(but excluding any mo 1 e
hone sales)
x
x
x
Mobile home sales (but excluding any residential
occupancy)
x
Motel, hotel or motor court operations
s
x
x
Monument sales
x
Monument works
x
Newspaper publishing
x
Newsstand sales
x
x
x
NurserV operation (plant)
x
Nursing hone
s
s
o ice use (ot a doctor, aentist, osteopat ,
chiropractor, optometrist, physiotherapist,
or other medically orientedprofession)
x
x
x
x
Office use wit no on -premises stock of goods
for sale to the general public and the oper-
ations and services of which are customarily
conducted by means of written, verbal or mechan-
ically re roduced communications material)
x
x
x
x
x
x
Ottice supplies and equipment sales and sere ce
x
x
open spaces, picnic grounds, swi-ming pools,
hike , horseback riding
x
x
Optician services
x
x
x
x
Outdoor theatre or museum, and temporary
facilities such as amusements
x
+See Note 1.
*Denotes special use for residential occupancy of individual mobile homes
under the hardship provisions of this Zoning Ordinance.

Table of Permitted Uses
Parking facility, loading area, rotary
aircraft port, etc.
RA-20
R-12
R-5
R-5MH
PU
O&I
B-1
B-2
I-1
I-2
FP
x
Pawn shop
x
x
Pet sales (excluding kennel activities or
outside storage of animals)
x
x
x
Pharmaceutical sales-
x
x
x
Photography, commercial
x
x
x
x
P ati ng
x
Post office
x
x
x
x
Private recreation club or swimming club
activities not operated as a business for profit
s
s
s
s
x
s
s
s
Printing and re reduction
x
x
x
x
x
Public recreation (such as oanmunity center
buildings, parks, museums, playgrounds and
similar facilities operated on a nonprofit basis)
x
x
x
x
x
x
x
x
x
Public utility stations or substations
s
s
s
s
s
s
s
s
s
s
P is utility works shops or storage yards
x
x
Quarry rations
x
'Rain or television studio activities onl
x
x
x
x
Radio or television transmitting commerce
s
s
s
Railroad station operations
x
x
Railroad a rations
x
Recreation activities conducted ou oors, private
non- refit
x
x
x
x
Recreation or amusement enterprise (conductM (conduct
outside a building and for profit, and not
otherwise listed herein)
X.
Recreation or amusement enterprise (conduct
inside a building and for profit, and not
otherwise listed herein)
x
x
x
+See Note 1.

1
Table of Permitted Uses
Recreation or amusement enterprise, racquet
facilities (conducted inside a building and
for profit)
RA-20
R-12
R-5
R-5MH
PU
0&I
B-1
B-2
I-1
I-2
PP
x
s
x
Reducing salon care
x
x
x
Rehabilitation facility
s
Repair, rental and/or service or any product —Me—
retail sale of which is a use -by -right in the same
district and not otherwise listed herein)
x
x
x
x
x
Resource extraction, such as sand its
x
Retailing or servicing wi operations conducted
and merchandise stored inside and/or outside a
building and not otherwise listed below
[see note 21
x
x
Retailing or servicing (with operations coMucted
and merchandise stored entirely within a building
and not otherwise listed herein)
x
x
Riding acMemy activity
x
Salt' a operation (see note 9)
x
Sawmill or planing activities
x
Second-hand and swa shop sales
x
x
School, business and ccmmercial
x
x
scE33Ts-7--e—lementary, junior high and highs—Fro—ol
s
s
s
s
s
s
School, trade or vocational
x
x
x
School for nuses or other medically oriented
rofessions
x
x
Sheet met rication
x
Sign
See
Section
9 for permitted=ardeas and. regulation;
Sin - out oor advertising (see Section
x
1 x
1
1 s
x
Sign, is sere ce information
s
s
s
s
s
+See Note 1.
M M M M M M M M M M M M M

Table of Permitted Uses
Sporting s sh22
RA-20
R-12
R-5
R-5MH
PU
O&I
B-1
B-2
I-1
I-2
FP
x
x
Storage, flamm les (see note 4.)
x
Storage, open
x
Storage, warehouse
x
x
Tat on (dressmaking)
x
x
x
Taxicab stand rations
x
x
Teaching or art, music, dance, dramatics
or other fine arts
x
x
x
x
Telephone exchange rations
s
s
s
s
s
s
x
x
x
x
Temporary construction building
x
x
x
x
x
x
x
x
x
x
'Theater r uct ons, indoor
x
x
x
Theater 2Eoductions,, outdoor
s
Tire recM!2ing
x
Tobacco sales warehousing
x
Tobacco pEocessing
x
Tourist home rations
x
x
Trailer rentals
x
Travel trailers see note
x
x
x
Truck terminal activities, repair and hauling
and/or storage
x
U stering or furniture reMnishing
x
x
Variety, gi t supply sales
x
x
x
Vending machine rental
x
W o esa a sae (with operations conducted and
merchandise stored entirely within a building
and not otherwise listed herein)
x
+See Note 1.

NOTES TO THE TABLE OF PERMTTED USES
Note 1. Land use within the planned unit development. All uses
listed in the table of permitted uses as a use -by -right in the PUD
District shall be specified to be developed on certain sites
within the PUD District at the time of the approval of the
preliminary plan. Commercial activities shall be permitted only
as a planned building group for uses allowed in the B-2 District.
Note 2. Accessory uses. In O&I, B-1 and B-2 Districts, there
shall be no open storage as an accessory use. In the I-2
District, open storage as an accessory use shall be permitted,
provided it is enclosed by a fence not less than six (6) feet in
height. No permanent residential occupancy shall be allowed as an
accessory use in B-1, B-2, I-1 or I-2 Districts. An accessory use
in RA-20, R-12, R-51 R-5MH, 0&I or PUD Districts shall not include
the residential occupancy of an accessory building except by
employees employed on the premises and the immediate family of
such employees. Swimming pools as an accessory use in RA-20,
R-121 R-5, R-5MH, 0&I or PUD Districts shall be enclosed by
protective fencing not less than five ( 5 ) feet in height.
Note 3. Automobile service stations. Automobile service
stations shall be a permitted use in B-2 and PUD Districts
provided the following conditions are met:
R
H
(a) The service station is contained in a structure limited in
size to two (2) single car service bays, office, restroom I
and storage.
(b) The service station is limited in function to dispensing
gasoline, oil, grease, antifreeze, tires, batteries and
automobile accessories directly related to motor vehicles;
to washing, polishing and servicing motor vehicles, only
to the extent of installation of the above -mentioned
items; and to selling at retail the items customarily sold
by service stations.
(c) The service station shall not overhaul motors, provide
upholstery work, auto glass work, painting, welding,
bodywork, tire recapping or auto dismantling.
6-10

L
f
(d) The service station shall provide a screen planting and/or
fence along the property lines that abut residential
properties. Lighting facilities shall be arranged and of
such nature that nearby residential properties are not
disturbed.
(e) Service stations shall extinguish all floodlights at the
close of daily operation or 11:00. p.m., whichever is
earlier.
Automobile service stations located within the Town shall have no
gasoline or oil pump located within twelve (12) feet of any street
right-of-way line. Outside the Town, no such pump shall be
located within fifteen (15) feet of any street right-of-way line.
Note 4. Storage of flammables. The permitted use of bulk
storage of bottled gas (distribution) or storage of flammables is
prohibited in the central town area, as defined on Page 3-3 of
this Ordinance.
' Note 5. 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 6. Home occupations are permitted only as an incidental
use and are limited to the following:
' (a) Art gallery or 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;
(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;
(d) Rooming and/or board of not more than three (3) persons;
(e) Single operator beauty shop or barber shop.
6-1 1

And provided, furthermore, the home occupations listed above shall
be permitted subject to the following limitations:
(1) No exterior display of products;
(2) 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 inter-
ference in radio and television reception;
(3) No accessory buildings or outside storage shall be used in
connection with the home occupation;
(4) 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;
(5) Only one employee may be employed by the home occupation
who is not a resident of the dwelling.
Note 7. Industries. The following industrial uses shall not be
all owed:
(a) The manufacturing, processing, fabrication and/or bulk
storage of acetylene gas (except for use on premises),
ammunition, explosives, fireworks, gunpowder, jute 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, 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 8. Mobile homes (individual) for residential occupancy. A
mobile home to be used for individual residential occupancy in a
RA-20 and R-5MH zone must have at least 200 feet of gross floor
area and shall be approved by the Underwriters' Laboratories,
Inc.; U.S. Laboratories, Inc.; or Pittsburgh Laboratories, Inc.
before the mobile home will be permitted to move. into the zone.
Construction of the foundation for the mobile home shall meet the
6-12
n
I�
H
I

' standards set forth in the North Carolina Uniform Residential
Building Code, 1968 edition, and as subsequently adopted by the
' Town Board of Commissioners, before the certificate of occupancy/
compliance for the mobile home can be issued. The mobile home
shall be permitted to locate in the RA-20 and R-5MH zones,
' provided that all of the yard setbacks are met.
Note 9. Fence and screen required for salvage operations and
' junkyards. The salvage operation and junkyard shall be entirely
surrounded by a screened security fence, or by a nonscreened
security fence and vegetation screen. In the event that a salvage
' operation or junkyard shall be surrounded by a nonscreened
security fence, a vegetation screen shall be planted on at least
one side and contiguous to the security fence. The vegetation
' shall be of a type that will reach a minimum height of six (6)
feet within five (5) years and shall be planted at intervals
evenly spaced and in close proximity to each other so that a
continuous, unbroken hedgerow will exist along the length of the security fence surrounding the salvage operation or junkyard.
Each owner, operator or maintainer of a salvage operation or junk-
yard to which this ordinance applies and who chooses to surround
said salvage operation or junkyard with a security fence and
vegetation screen shall utilize good husbandry techniques with
respect to said vegetation, including, but not limited to, proper
pruning, proper fertilizer and mulching so that the vegetation
will reach maturity as soon as possible and will have maximum
density and foliage. Dead or diseased vegetation shall be
' replaced at the next appropriate planting time.
The security fence shall be maintained in good order and shall not
be allowed to deteriorate. All gates shall be closed and securely
' locked at all times, except during business hours.
The building inspector or his authorized agents shall have
t discretion to determine whether screened fence or security fence
and vegetation screen is in compliance with this section. The
division of inspection services shall be available to assist an
owner or operator, or maintainer of a salvage operation or
' junkyard, upon request of the said owner or operator, in the
formulation of plans for said fencing and vegetation screen.
6-13

Note 10. Travel trailers. Travel trailers occupied for human
habitation must be located in an approved mobile 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.
6-14

District
- RA-20 Residential -
Agricultural
R-12 Residential:
Single -Family
R-5MH
R-5 Residential:*
Single -Family
Two -Family
Multi -Family
a, PUD Planned Unit
,�. Development
Ln
0-I Office and Institu-
tional District:
Office use
Residential use
B-1 Business
B-2 Business
I-1 Industrial
I-2 Industrial
FP Flood Plain
6.2 TABLE OF AREA, YARD AMID HEIGHT R]EQUIRF1MM
(See Notes 1 and 2)
Minimum Lot Size
Minimum Yard Regulations
Area (in square
Maximum
feet, unless
Per Dwelling
Front Yard
Side Yard
Rear Yard
Height
otherwise
Unit (in Frontage
Setback
Width
Depth
of Structure
specified)
square feet) (in
feet)
(in feet)
(in feet)
(in feet)
(in feet)
see Note
see Note 3)
20,000
20,000
100
50
15
40
35
12,000
12,000
70
25
15
10
35
5,000
5,000
70
25
15
10
35
5,000
5,000
75
25
15**
10
35
8,000
4,000
75
25
15
10
35
81000 for
the first two dwelling
75
30
12
20
35
units and 2,000 for each addi-
tional dwelling unit
25 acres
Refer to section
6.3
in order to determine the
applicable
minimum yard regulations.
12,000
Same as R-5
5 acres
12,000 70
Principal dwelling shall not
exceed 10 percent of lot area
25
15
10
35
50
20
20
35
0
0
0
75***
50
50***
35
25
10
10
56
50
50
50
12
*See Section C-3.1 for planned building group populations for apartments and condaniniums.
**5 feet additional for each story in excess of two stories.
***In the I-1 District, the space created by the front setback line shall remain unobstructed except for landscaping. The
rear yard space may be used for off-street parking; provided, however, that in the event the rear and/or side line
faces a residential district, the space created by the rear and/or side yard setback shall remain clear and
unobstructed unless a planting screen is maintained along the property line of such type and height as to obscure from
view any automobile parked on the lot.

NOTES TO THE TABLE OF AREA, YARD AND HEIGHT REQUIREMENTS
Note 1. Special use requirements take precedence.
and height requirements as specified in the issuance
use permit shall take precedence over area, yard and
requirements as set forth in Section 6.2.
Note 2.
Area, yard ,
of a special
height
(a) Corner lots. Relative to 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 the prospective
building and the side street. This requirement shall not
be applied so as to reduce the building width of a resi-
dentially zoned corner lot of record at the time of
passage of this ordinance to less than thirty (30) feet,
nor to prohibit the erection of any accessory building
where this requirement cannot reasonably be complied with
as determined by the board of adjustment.
(b) Miscellaneous exceptions. Steps, fire escapes, stair-
ways, balconies and chimneys only project into a minimum
yard not more than four (4) feet, and an unenclosed porch
may project into the required front or rear yard not more
than ten (10) feet.
Sills, cornices, buttresses, ornamental features and
similar items may project into a required yard not more
than thirty (30) inches.
Carports open on three (3) sides may encroach on a side
yard to a distance of not less than five (5) 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 dis-
tance 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 (3) 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 (18) percent of the area
contained in the carport, whichever is less.
9
1
6-16
1
11

F
L
When the adjacent lots of record are under single control
by a lease agreement or combination of ownership and lease
agreement, temporary structures such as mobile homes,
mobile offices, utility buildings, accessory buildings,
etc., may extend across any common lot line(s) of the
adjacent lots of record under such lease agreement. The
location of such structures shall not conflict with any
off-street parking requirements, on -site traffic circula-
tion or other applicable regulatory codes. Upon the
expiration of the lease agreement, such structures must be
moved to conform with the standard side or rear yard
setback of the district within sixty (60) days of the
expiration of the lease agreement.
(c) Retaining walls. The setback and yard requirements of
this ordinance shall not apply to a retaining wall not
more than five (5) feet high, as measured from the lowest
ground elevation to the top of the wall. The board of
adjustment may permit a retaining wall greater than five
foot height where it finds that due to the topography of
the lot such a wall is necessary.
(d) Fences and walls. Fences not exceeding a height of four
(4) feet shall be exempt from the yard and building
setback line requirements of this ordinance. Fences not
exceeding a height of six (6) feet to be erected only in
side or rear yards shall be exempt from the yard and
building setback line requirements of this ordinance,
provided that no fence exceeding a height of four (4) feet
will be constructed within fifteen (15) feet to any
street. In all cases, the corner visibility provisions of
this ordinance shall be observed.
Only conforming industrial and business land uses (with
the exception of an 0&I zone) may have a so 1 id or open
fence or wall erected to a maximum height of ten (10) feet
except as required by this ordinance. An open fence or
wall is one that has openings through which clear vision
is possible from one side to the other on a horizontal
plane, and such openings occupy fifty (50) percent or more
of the area of the fence or wall. A fence or wall that
does not qualify as an open fence or open wall shall
maintain a setback at entrances and exits of the site to
provide an adequate sight distance easement as determined
by the establishment of an isosceles triangle having legs
of thirty-five (35) feet in length on each corner side of
said entrance or exit, and the same sight _distance ease-
ment shall be applied to the corner of nonresidential lots
which are characterized by a street intersection.
6-17

(e) Open storage. An open storage not enclosed within the
P g Y P 9
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 residential zone by a wall, fence and/or
screening in a manner acceptable to the building inspector
,
or his authorized agents. This provision shall apply in
any commercial or industrial use abutting or in a residen-
tial zone, and all properties affected by this provision
shall comply within three (3) years after October 16,
1989.
,
(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 feet
0 inches to any adjoining 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.
'
(g) Side yards. Where a lot in a B-1 District abuts a lot
in another zone, the side abutting such lot shall maintain
'
a mimimum side yard of ten (10) feet.
(h) Side yard provided but not required. Where any side
yard is provided, though not required, the same shall be
,
not less than three and one-half.(3-1/2) feet.
(i)_ Canopies. Any nonresidential land use that incorporates
'
a canopy which is totally or partially supported by a
structural pillar (upright support), such as but not
limited to canopies over gasoline pumps, said canopy may
extend to the street right-of-way line, or property line
of a nonresidentially used or zoned property if no street
right-of-way line is involved, provided that each pillar
is located at least ten (10) feet from a property line and
'
the canopy is open on all four (4) sides. Any side of a
canopy may be enclosed provided that side meets the
required yard setbacks. The canopy roof shall be located
,
horizontally and vertically at least twelve (12) feet from
any electrical conductor (line).
Note 3. Height restriction modifications. Chimneys, belfries,
conveyors, cupolas, derricks, domes, gasholders, fire towers,
flagpoles, flues, monuments, smokestacks, transmission towers, .
'
ventilators, water towers, tanks, radio towers, poles, antennae,
wires and similar structures may be erected to any height in
accordance with existing or hereafter adopted ordinances of the
'
Town of Burgaw, provided the foundation guy wires, support or
anchorage of the structure is constructed in an acceptable method
t
6-18

and approved by the
' authorized agents.
height requirements
enumerated items.
7
supervisor of inspection services or his
The provisions of this table of area, yard and
of this ordinance do not apply to the
Note 4. Front yard setbacks for prior lots of record. If a
vacant lot is adjacent to a lot where an existing dwelling is
located which is constructed less than the required minimum front
yard setback, the required minimum front yard setback for the
vacant lot shall not be less than the existing front yard setback
for the adjacent dwelling. In cases where existing dwellings are
located on both sides of the vacant lot, and each is constructed
less than the required minimum front yard setback, the required
minimum front yard setback for the vacant lot shall not be less
than the average of the two (2) existing dwellings.
6-19

6.3 Planned Building Group Regulations ulations I
Planned building groups (inclusive of mobile home parks) ,
must be approved by the Burgaw Planning Board unless otherwise
specified. Planned building groups (inclusive of mobile home
parks) shall be submitted to the Building Inspector at least '
twenty-one (21) days prior to the regular planning board meeting
at which it is to be reviewed.
6.3.1 Planned Building Group Regulations for Apartments and
Condominiums
Minimum lot area: See Section 6.2.
,
Parking: As specified in Section 8.0 of this Ordinance.
Recreation area: Play areas shall be provided for all
apartments and condomiuiums planned building groups with
over five (5) dwelling units. A minimum playarea of two
thousand (2,000) square feet, having a minimum width of
'
forty (40) feet or a minimum radius of twenty - six (26) feet
shall be provided for the first six ( 6 ) to twenty-five ( 25 )
dwelling units. For each dwelling unit over twenty-five
'
(25) in number, an additional fifty-six (56) feet per
dwelling unit shall be provided. The spatial distribution
and number of individual play areas within the planned
.building group shall be determined by the planning board on
the basis of the spatial arrangement of the dwelling units,
topography and other physical features. Swimming pools and
their accessory areas shall not constitute any part of the
'
open space requirements. No part of the required play area
shall be used for any other purpose.
f
Timing: Proposed schedule of development including
stages likely to be followed.
Other details:
'
(1) Proposed provision for storm drainage and sanitary
sewerage, approved by the Building Inspector.
'
(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 and sprinkler connections.
'
(5) Types of surfacing, slope, grade and cross section of
drives, sidewalks, malls, etc.
,
6-20

L
I
C
I
(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,
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) All plans and construction details must meet the
current specifications of the Town of Burgaw.
(14) Location and amount of recreation area.
Placement of buildings:
(1) There shall be maintained at least twenty (20) linear
feet of open space between individual and unattached
buildings in a residential planned building group.
(2) Any group of buildings forming a courtyard shall have
at least twenty-five (25) percent of the perimeter of
such courtyard open for access by emergency vehicles.
(3) Where the length of a street exceeds two hundred (200)
feet and where there exist six (6) or more dwelling
units, an area must be provided for the turnaround of
fire -fighting vehicles on a paved or graveled surface.
This area shall not be used for parking and shall sub-
scribe a circular area having a radius of thirty-five
(35) feet or shall have a configuration which provides
comparable turnaround space.
(4) All fire hydrants, whenever possible, should be located
adjacent to the paved roadways suitable for transport-
ing fire -fighting vehicles. Where possible, such
hydrants shall be located at least fifty (50) feet from
any building. Hydrants shall be located at entrance
and exit ways, and additional hydrants shall be located
so that each building and portion thereof will be
within three hundred fifty (350) feet of a hydrant. If
buildings have standpipes and sprinkler systems, one
(1) hydrant shall be located within seventy-five (75)
feet of each standpipe and sprinkler connecton system.
6-21

All hydrants must be served by a water main of
sufficient size. In no case shall the minimum size
main be less than six (6) inches in diameter.
6.3.2 Mobile Home Park Regulations
(A) Compliance.
All mobile home parks existing on the effective date of
this ordinance are required to comply with all applicable
procedures and requirements of this ordinance. Any mobile
home park failing to comply with the applicable provisions
of this ordinance is hereby declared to be a nonconforming
use of land. All mobile home parks shall continuously
comply with the general requirements of this ordinance.
Failure to meet continuously each of the general require-
ments shall be grounds for revocation of the certificate of
occupancy/compliance.
No person shall begin construction of a mobile home park or
make any addition to a mobile home park that either alters
the number of sites for mobile homes within the park or.
affects the facilities required therein until he first
secures a permit authorizing such construction or addition.
The construction or addition shall be in accordance with
plan and specification submitted with the application with
the Burgaw Planning Board. The application will be
reviewed by the Burgaw Planning Board, the Building and
Electrical Inspectors, and the Pender County Health Depart-
ment. All applications for a mobile home construction
permit will be accompanied by six (6) prints.
(B) Contents of the Preliminary Plan
The preliminary plan shall be drawn at a scale not more
than one hundred (100) feet to the inch and shall show the
following on one (1) or more sheets:
(1) Title information shall include:
( a) name of park, name of developer, scale, and date.
(2) Small scale location diagram showing all roads in the
vicinity and the relationship of the site to major
roads.
(3) Dimensions and bearings of exterior property lines.
(4) Topography information as deemed necessary by
inspectors.
(5) Location of 100 year flood line as defined by Corps of
Engineers.
(6) Roads in vicinity (access roads and adjacent roads).
(7) Mobile home spaces well defined.
(8) Surface water drainage plans.
6-22
n
n
L
I

H
7
(9) All structures in the park site (present or
proposed).
(10) Recreation areas.
(11) Method of surfacing roads within the park.
(12) Location and intensity of area lights, riser diagrams,
and typical connections to mobile homes, or a state-
ment indicating that the power companies will be
responsible for design and installation of the
electric system.
(13) Source of water and water distribution system. If
water source is a well, it shall meet the appropriate
County and/or State Agencies.
(1 4 ) Sanitary sewerage. If a private sewerage collection
and disposal system is used, plans and specifications
approved by appropriate County and/or State Agencies.
(15) Proposed provision for storm drainage, approved by the
Building Inspector.
(C) Review of Preliminary Plans
After preliminary plans for a mobile home have been prop-
erly submitted to the Burgaw Planning Board, the following
County agencies shall be responsible for reviewing the
proposed plans.
(1) Planning Board - the Burgaw Planning Board shall
review the plans for mobile home parks. This agency
shall be responsible for the.review of the following
to determine if the proposed design is in accordance
with the specifications of this information.
(a) Title information;
(b) Small scale location map (vicinity map);
(c) Dimensions and bearing of exterior property lines;
(d) Roads in the vicinity;
(e) Recreation areas;
(f) Method of surfacing roads within the park;
(g) Street and lot design;
(h) Surface water drainage.
(2) Pender County Health Department - the Pender County
Health Department shall review plans for mobile home
parks. This agency shall be responsible for the
review of the following to determine if they are in
accordance with the minimum health standards and
regulations.
(a) Source of water and water distribution system;
(b) Sanitary sewerage system; and
(c) Adequate lot size.
6-23

(3) Electrical Inspector - the Electrical Inspector shall
review the plans for mobile homes to determine if the
proposed electrical system is in accordance with State
electrical codes.
(4) Building Inspector - the Building Inspector shall
review the plans for mobile home parks that include
buildings to be constructed within the proposed park.
(5) Should any agency find deficiencies in the review of
the plans of a proposed mobile home park, that agency
shall notify the developer of the park to correct such
deficiencies. Each agency shall notify the Planning
Department after approving the plans of a proposed
park. The Planning Department, after receiving noti-
fication of approval from all agencies involved in the
review of a proposed mobile home park, shall notify
the developer of the proposed park that preliminary
approval has been granted for the.construction of the
park.
(D) Issuance of Construction Permit and Certificate of
Compliance
(1) After approval of the preliminary plans for a mobile
home park by the Town and County agencies concerned,
the Enforcement Officer is authorized to issue a
construction permit. The intent of this permit is to
enable the execution of the plan in the field and
shall not be construed to entitle the recipient to
offer spaces for rent or lease or to operate a park as
defined in this ordinance.
(2) During this phase, all field work shall be in accor-
dance with the approved plans. It shall be the
responsibility of the developer to inform the various
County agencies as to the progress of field work so
that timely inspections may be made.
(3) The Enforcement Officer is authorized to issue a
Certificate of Compliance after the installation of
the number of spaces the developer wishes to initially
install. In no case shall the Certificate of Compli-
ance be issued for less than the minimum spaces
required by this ordinance. The Certificate of
Compliance will be issued only after the Enforcement
Officer is satisfied that all work has been executed
as outlined in that section of the approved plans and
in accord with the intent and spirit of this ordi-
nance. Should additional spaces be added to a park
that has preliminary plans approved, a Certificate
6-2 4
H
H
I

u
P
F
of Compliance for the additional spaces will be
necessary before such spaces are offered for rent or
lease.
(4) Upon receipt of the Certificate of Compliance, the
permittee is duly authorized to operate and maintain
his park in any way that is not contrary to the provi-
sions of the permit. However, should the Enforcement
Officer find at any time subsequent to the issuance of
the permit that the park is operating in violation of
the terms of the Mobile Home Ordinance or of special
conditions set forth in the permit, the Enforcement
Officer shall revoke the Certificate of Compliance and
further operations of the park without a Certificate
of Compliance shall be cause for legal action.
(E) Mobile Home Park Site Development
(1) The amount of land for each mobile home space shall be
determined by the Pender County Health Department
after an investigation of soil conditions, the pro-
posed method of sewerage disposal, and proposed water
system. However, in no case shall the size of a
mobile home space be less than eight thousand, five
hundred (8,500) square feet.
(2) Parking space sufficient to accommodate at least one
(1) automobile shall be located on each mobile home
space.
(3) The mobile home park shall be located on ground that
is not susceptible to flooding. The park shall be
graded so as to prevent any water from ponding or
accumulating on the premises. All ditch banks shall
be sloped and seeded.
(4) There shall be at least twenty (20) feet clearance
between mobile homes including mobile homes parked end
to end. No mobile home shall be located closer than
twenty (20) feet of any exterior boundary line of the
park and no closer than fifteen (15) feet to the edge
of any interior street right-of-way.
(5) The mobile home park shall have a buffer such as
shrubbery or fencing four (4) feet in height between
it and any residential areas or zones.
(6) Existing mobile home parks which provide mobile home
spaces having a width or area less than that described
above may continue to operate with spaces of existing
width and area, but in no event shall any such
6-2 5
J

nonconforming mobile home park be allowed to expand
unless such extension meets the requirements of this
ordinance.
(7) Interior Drives - all mobile home spaces shall abut
upon an interior drive of no less than thirty (30)
feet in right-of-way, which shall have unobstructed
access to a public street or highway, it being the
intent of this section that mobile home spaces shall
not have unobstructed access to public streets or
highways except through said interior drive. All
interior drives shall be graded to their full right-
of-way and shall have a road of at least eighteen (18 )
feet in width. All interior drives shall be stabi-
lized and shall be adequately maintained by the
owner.
(8) Cul-de-sacs - any interior drive designed to be closed
shall have a turnaround at the closed end with a mini-
mum right-of-way diameter of eighty (80) feet. The
entire right-of-way of such turnaround shall be graded
and usable for the turning of motor vehicles.
(9) Intersections - drives shall intersect as nearly as
possible at right angles, and no drive shall intersect
at less than seventy-five (75) degrees. Where a drive
intersects a highway, the design standards of the
North Carolina Department of.Transportation shall
apply.
(F) Sanitary Facilities, Water Supply, Sewerage, Electrici
Lighting, and Refuse Collection Facilities.
( 1 ) Each mobile home space shall be equipped with plumbing
and electrical connections and shall be provided with
electrical current in sufficient amount to safely meet
the maximum anticipated requirements of a mobile
home.
(2) Water, sewerage and electricity. Each mobile home
space shall be provided with and shall be connected to
sanitary sewerage and water supply systems, as ap-
proved by the Pender County Health Department. Elec-
trical connections and wiring shall be in accordance
with electrical codes adopted by the County.
(3) Lighting. All interior drives shall be adequately
lighted as approved by the Electrical Inspector.
(4) Refuse collection facilities. The park owner is
responsible for seeing to refuse collection. All
refuse shall be collected at least twice weekly or
more if the need is indicated.
6-2 6
1
E
L

G Mobile Home Stands and Anchors
'
(1 ) The area of the mobile home stand shall be improved to
provide an adequate foundation for the placement and
anchoring of the mobile home, thereby securing the
structure against uplift, sliding, rotation and/or
'
overturning.
(2) Each mobile home owner shall provide anchorage in
accordance with the North Carolina Uniform Standards
Code for Mobile Homes. (Chapter 143, Article 9A of
the North Carolina General Statutes.)
(H) Service, Administration and Other Buildings
(1) Within a mobile home park, one mobile home may be used
'
as an administrative office. Other administrative and
service buildings housing sanitation and laundry
'
facilities or any other such facilities shall comply
with all aplicable ordinances, codes and statutes
regarding buildings, electrical installations, plumb-
ing and sanitation systems.
(2 ) All service buildings, commercial structures, and the
grounds of the park shall be maintained in a clean
condition and kept free from any condition that will
'
menace the health of any occupant or the public or
constitute a nuisance.
(I) Structural Additions
All structural additions to mobile homes other than those
'
which are built into the unit and designed to fold out or
extend from it shall be erected only after a building
permit shall have been obtained, and such additions shall
conform to the building code of the State, where appli-
'
cable, and shall meet the standards of special regulations
adopted with respect to such additions. The building
permit shall specify whether such structural additions may
'
remain permanently, must be removed when the mobile home is
removed, or must be removed within a specified length of
time after the mobile home is removed. Structural alter-
ations existing at the time of passage of this ordinance
shall be removed within thirty (30) days after the mobile
home which they serve is moved unless attached to another
'
mobile home on the same site within that period.
6 -2 7

(J) Management
In each mobile home park, the permittee or dul
attendant or caretaker shall be in charge at a
keep the mobile home park, its facilities and
a clean, orderly, safe and sanitary condition.
(K) Mobile Home Park
y authorized ,
11 times to
equipment in
It shall be the duty of the operator of a mobile home park
to keep an accurate register containing a record of all
registered occupants. The operator shall keep the register
available at all times for inspection by law enforcement
officials, public health officials, and other officials
whose duties necessitate acquisition of the information
contained in the register.
6.3.3 Business Planned Building Group Regulations
The following planned building group regulations shall apply in
the development of 0&I, B-1 and B-2 districts involving the
construction of a building greater than seven thousand (7,000)
square feet or projects involving the construction of more than
one (1) building, structure or combination thereof shall also
comply with the following regulations:
Parking and loading: Forty hundredths (0.40) of a
parking space per one hundred (100) square feet of leasable
building area for planned building groups having a leasable
building area of 400,000 square feet or less; forty-five
hundredths (0.45) of a parking space per one hundred (100)
square feet of leasable building area for planned building
groups having a leasable building area from 400,001 to
600,000 square feet; and fifty hundredths (0.50) of a
parking space per one hundred (100) square feet of leasable
building area for planned building groups having a leasable
building area over 600,000 square feet.
One loading bay for up to twenty thousand (20,000) square
feet of leasable building area; one loading bay for each
thirty thousand (30,000) square feet over twenty thousand
(20,000) square feet, up to one hundred ten thousand
(110,000) square feet; one loading bay for each fifty
thousand (50,000) square feet over one hundred ten thousand
(110,000) square feet.
Warehouse and office -institutional planned building groups
shall adhere to the respective parking ratios as listed in
Section 8.2 of this ordinance.
6-2.8
L
L
H
1
I

1,
H
H
P
0
Screening and fencing: A screen not less than six (6)
feet high of dense plant material and/or fence where the lot
abuts a residential lot.
Lots fronting on a public street: The planning board
may approve plans with lots within the interior of a busi-
ness planned building group project provided that the board
finds that adequate access is assured by the design of the
planned building group.
!Minimum yard requirements: The planning board may
approve plans which do not provide minimum yards along
interior lot lines within a business planned building group
project. All exterior lot lines located along the perimeter
of the business planned building group shall satisfy the
standards listed within Section 6.2, entitled "Table of
Area, Yard and Height Requirements."
Plans 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 five hundred (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
propose pattern of internal automobile and pedestrian
circulation.
Parking and loading: Location and extent of proposed
parking and loaTing areas.
Timing: Proposed schedule of development, including
stages likely to be followed.
Other details:
(1) Proposed provision for storm drainage and sanitary
sewerage, approved by the Building Inspector.
(2) Size and proposed location of any signs.
(3) Proposed solid waste storage facilities.
(4) Proposed water system. Hydrants shall be located
within three hundred (300) feet of any building or
portion thereof. where possible, such hydrants shall
be located at least fifty (50) feet from any build-
ing. If buildings have standpipes and sprinkler
6-29

systems, one (1) hydrant shall be located within
seventy-five (75) feet of each standpipe and
sprinkler system connection.
(5) Types of surfacing, slope, grade and cross section of
driveways, sidewalks, malls, etc.
(6) The location and heights of all fences, walls and
hedges shall be shown.
(7) Profiles of publicly maintained water and sewer
lines.
(8) Profiles, cross sections and slopes of on -site and
off -site ditches carrying water runoff.
(9) Erosion and sedimentation control plan.
(10 ) Lighting plan, inclusive of wattage and
illumination.
(11) Installation of curb and gutter shall be mandatory.
(12 ) Depict traffic control, devices.
(13) All plans and construction details must meet the
current specifications of the Town of Burgaw.
Other requirements:
(1) Points of access and egress shall consist of drive-
ways or roadways at least twenty (20) feet in width
and shall be set back a sufficient distance from
highway intersections to minimize traffic hazards,
inconvenience and congestion.
(2) Parking areas shall have a stabilized surface with
parking spaces 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 build-
ings shall have at least twenty-five (25) percent of
its perimeter open for access by emergency vehicles.
6-30
L
I
I
0

6.3.4 Central Town Planned Building Group Regulations
' The following planned building group regulations shall apply to
all new construction or expansion of existing buildings in B-1
or B-2 zoned property located within the central Town area.
' There requirements shall be in effect for both the development
of individual buildings and parcels and two (2) or more
buildings on a single parcel.
' Parking: As specified in Section 8.2 of this Ordinance.
j
H
Loading: As specified in Section 8.2 of this Ordinance.
Screening and fencing: A screen not less than six (6)
feet high of dense plant material and/or fence where a lot
abuts a residentially zoned lot.
Plans are required and must show:
Structures: Location and approximate size of all
structures.
Circulation: Proposed points of access and egress and
proposed pattern of internal automobile and pedestrian
circulation. Curb cuts at a maximum combined width of
twenty-five ( 25 ) feet shall be allowed for each eighty
(80) feet of lot frontage or portion thereof. The
locations of all points of ingress and egress shall be
approved by the Town of Burgaw planning board.
signs: The applicable zone sign regulations shall apply
to tHiis planned building group requirement.
Other site plan requirements
( 1 ) Size and location of all signs.
(2) Size and location of all fences, walls, and hedges.
(3 ) Proposed provision for storm drainage, approved by the
Building Inspector.
(4) Proposed solid waste storage facilities.
(5) Lighting plan, inclusive of wattage and illumination.
(6) Installation of curb and gutter shall be mandatory.
(7) Depict traffic control devices.
(8) Parking area shall have a stabilized surface with
parking space and traffic lanes clearly marked.
6-31

S
6.3.5 Planned Unit Development (PUD)
The procedure for the establishment of a planned unit develop-
'
ment shall be consistent with the following courses of action.
The developer of the PUD shall meet with the Burgaw planning
board to discuss the PUD relative to its proposed composition
and Town land use controls. The developer may then submit a
'
rezoning application for a PUD district designation to the Town
of Burgaw. The rezoning application will be processed in the
customary method. Upon establishment of the PUD zone, the
,
developer shall submit a preliminary map of the total PUD. The
preliminary map shall contain information consistent with the
requirements of a preliminary plat as prescribed in the Town of
'
Burgaw subdivision regulation ordinance. After approval of the
preliminary plan of the PUD by the planning board, the devel-
oper shall submit final plats and planned building groups
drafted in accordance with the applicable regulations.
'
Minimum size: Twenty-five (25) acres.
'
Maximum overall density: Six (6) dwelling units per
acre.
Open space requirement: Fifteen (15) percent of the
total PUD area shall be maintained as open space. Street
rights -of -way, parking lots, building areas (as defined) and
yards held in individual ownership shall not constitute any
'
part of the required open space; however, building areas for
recreational facilities may be computed as open space. Any
open space land use not included under approval of the PUD
'
preliminary plan must be reviewed by the planning board and
approved by the Town of Burgaw Board of Commissioners prior
to its development.
'
Residential development: The applicable area, yard and
height requirements as contained in Section 6.2 of this
ordinance shall be adhered. to. The aplicable yard setback
'
requirements for single-family structures shall be based
upon the square footae of the lot. All multifamily develop-
ments shall adhere to the applicable development regulations
'
contained herein.
Commercial development: Commercial land use will be '
developed under the regulations of the B-2 zone. No commer-
cial construction may be commenced until at least fifty (50)
percent of the proposed dwelling units within the PUD or one
hundred (100) dwelling units, whichever is smaller, are '
completed and ready for occupancy.
Industrial development: Industrial development shall '
not be allowed within the PUD zone.
6-32

' SECTION 7.0 SPECIAL USES
' 7.1 Objectives and Purpose
' Permitted special uses add flexibility to the zoning ordi-
nance. Subject to high standards of planning and design, certain
property uses are allowed in the several districts where those
' uses would not otherwise be applicable. 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 surround-
ing properties.
Procedures for handling those uses are based upon the nature
' of the use. Where the possible harmful effects of the use are
likely to be limited to a relatively small area, approval of a
special use permit is made the duty of the board of adjustment in
' most cases. Where the use has wider effects upon the community as
a whole or involves larger tracts of land, the situation is closer
to that in which application is made for amendment to the zoning
ordinance. In such cases, approval of a special use permit is
' made the duty of the Town Board of Commissioners subject to
recommendations of the planning board.
' The uses for which special use permits are required are
listed in the chart accompanying 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.
7.2 Procedure for Special Use Permits Approved by the
Board of Adjustment
A special use permit may be issued by the Burgaw Building
Inspector after approval by the board of adjustment for the uses
as designated in the table of regulations for special uses. The
application for a special use permit shall accompany the appli-
cation for a building permit and/or a certificate of compliance.
The application for the special use permit shall be filed seven
(7) days prior to the date of review by the board of adjustment.
With the exception of special use permit requests for the occu-
pancy of individual mobile homes under the "hardship," "agricul-
tural areas exception," or "office and exhibition" provisions of
this ordinance, the board of adjustment shall hold a public hear-
ing 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 board of adjustment shall find:
7-1

(1) That the use will not materially endanger the public
health, safety or general welfare if located where
proposed and developed according to the plan as
submitted and approved;
(2) That the use meets all required conditions;
(3) That the use will not adversely affect the
physical attribute of adjoining or abutting
that the use is a public necessity; and
use or any
property, or '
(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 Town of Burgaw Land
Use Plan.
In approving the special use permit, the board of adjustment
may designate such conditions in addition and in connection there-
with as will, in.its opinion, assure that the use in its proposed
locations 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 meet-
ing at which the special use permit is granted, and also on the
special use permit and on the 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, succes-
sors and assigns. In order to ensure that such condition and
requirements of 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 Burgaw 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
Burgaw Building Inspector; provided, however, that said bond may
be waived by the Town Board of Commissioners.
If the board of adjustment 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 specific conditions imposed by Section 7
and whatever additional conditions the board of adjustment deems
reasonable and appropriate, a special use shall comply with the
height, yard, 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 board of adjustment or with any conditions imposed upon the
special use permit, the permit shall thereupon immediately become
7-2
I
L

void and of no effect. No building permits for further construc-
tion nor a certificate of compliance under this special use permit
shall be issued; and the use of all completed structures shall
immediately cease and such completed structures not thereafter be
used for any purpose other than a use -by -right as permitted by the
zone in which the property is located.
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 board of adjustment.
' 7.3
H
1
Procedure for Special Use Permit Granted by the Town Board
of commissioners on Recommendation of the Planning Boa
Special use permits may be issued by the Burgaw Building
Inspector, after approval by the Board of Commissioners, for the
uses as designated in the table of regulations for special uses
and after planning board review and recommendations. The petition
for a special use permit and the accompanying plans shall be sub-
mitted to the Burgaw Building Inspector at least three (3) weeks
prior to the regular monthly planning board meeting at which it is
to be heard. Such application shall include all of the require-
ments pertaining to it as specified in Section 7. The planning
board shall forward the application and its recommendations to the
Town Board of Commissioners within thirty (30) days after its
review of the application. on receiving the application and the
recommendations of the planning board, the Town Board of Commis-
sioners shall give notice of a public hearing five (5) days prior
to the date of the public hearing. At the public hearing, all
interested persons shall be permitted to testify. The Town Board
of Commissioners may request a meeting with the planning board
pertaining to the special use permit requested. The Town Board of
Commissioners shall consider the application and said recommenda-
tions of the planning board, and may approve or deny the requested
special ue permit.
The special use permit, if approved, shall include approval
of plans as may be required. In approving the permit, the Town
Board of Commissioners shall find:
(1) That the use will not materially endanger the public
health, safety or general welfare if located where'
proposed and developed according to the plan as
submitted and approved;
(2) That the use meets all required conditions and
specifications;
(3) That the use will not adversely affect the use or any
physical attribute of adjoining or abutting property, or
that the use is a public necessity; and
7-3

(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 Town of Burgaw Land
Use Plan.
In approving the special use permit, the planning board may
recommend, and the Town Board of Commissioners may designate, such
conditions in addition and in connection therewith as will, in its
opinion, assure that the use in its proposed location will be
harmonious with the area in which it is proposed to be located and
with the spirit of this ordinance. All such additional conditions
shall be entered in the minutes of the meeting at which the
special use permit is granted and also on the special use permit
approving, and on the approved plans submitted therewith. All
specific conditions shall run with the land and shall be binding
on the original applicant for the special use permit, the heirs,
successors and assigns. In order to ensure that such conditions
and requirements for each special use permit will be fulfilled,
the petitioner for the special use permit may be required to enter
into a contract with the Town of Burgaw providing for the
installation of the physical improvements required as a basis for
the issuance of the special use permit. Performance of said
contract shall be secured by cash or surety bond which will cover
the total estimated cost of the improvements as determined by the
Town of Burgaw; provided, however, that said bond may be waived by
the Town Board of Commissioners within its discretion.
If the planning board recommends the disapproval of the
special use permit, and if the Town Board of Commissioners denies
the permit, each body shall enter the reason for its action in the
minutes of the meeting at which the action is taken.
No appeal may be taken to the board of adjustment from this
action of the Town Board of Commissioners in granting or denying a
special use permit. Any such action by the Town Board of Commis-
sioners shall be considered as the equivalent of action on a
proposed zoning amendment and shall be reviewable only in the same
manner as action on a proposed amendment.
In addition to the conditions specifically imposed by the
Town Board of Commissioners, 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 Board of Commissioners or with any other conditions imposed.
upon the special use permit, the permit shall thereupon immedi-
ately become void and of no effect. No building permits for
further construction nor a certificate of compliance under this
special use permit shall be issued, and the use of all completed
7-4
1
7
n
E
I
1
H

'structures shall immediate) cease and such completed structures
y p
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 authorized by the Town Board of Commis-
sioners after review and recommendation by the planning board.
' 7.4 Table of Regulations for Special Uses
Detailed regulations for each special use are set forth in
the following table:
Use -- Animal Medical Care (including Kennel Operations).
Approved by: Board of adjustment.
Special use district: 0&I.
'
Minimum lot area: None.
Screening and fencing: A screen of dense
plant material
where the proposed site of the animal medical
care facil-
ity abuts a residential lot or an area
zoned solely for
residential purposes.
'
Plans are required and must show:
Structures: Location of buildings and
sign, and size of
'
the sign.
Circulation: Proposed points of access
and egress and
'
pattern of internal circulation.
Parking: Layout of parking spaces.
'
Lighting: Lighting plan, inclusive of
wattage and
illumination.
0
Other requirements: It is mandatory that animal medical
care facilities situated in an 0&I zone have all kennel
areas (living quarters for animals) confined within a
building. Open kennel areas are prohibited.
7-5

1
Use -- Assemblies (Assembly Hall, Armory, Stadium, Concert
'
Hall)
Approved by: Town Board of Commissioners.
Special use district: 0&I.
Minimum lot area: None.
'
Screening and fencing: A solid fence or solid wall not less
than six (6) feet high or the maximum applicable fence
height limitation where the lot abuts a residential lot.
Plans are required and must show:
'
Structures: Location of buildings and sign, and size of
the sign.
'
Circulation: Proposed points of access and egress and
pattern of internal circulation.
'
Parking: Layout of parking spaces.
Lighting: Lighting plan, inclusive of wattage and
'
illumination.
Drainage: Proposed provision for storm drainage, approved '
by the Building Inspector.
Use -- Automobile Off -Street Parking Lot in Residential
Districts
Approved by: Town Board of Commissioners.
Special use district: RA-20, R-12, R-5, R-SMH, MF, 0&I, '
PUD, and A-1.
Minimum lot area: None. I
Screening and fencing: A screen not less than six-(6) feet
high of dense plant material where lot abuts a residential I
lot.
Plans are required and must show: ,
Circulation: Proposed points of access and egress and
pattern of internal circulation. ,
Parking: Layout of parking spaces.
Drainage: Proposed provision for storm drainage, approved ,
by the Building Inspector.
7-6

'
Other details: Proposed illumination, if designed for
nighttime operation.
'
Other requirements: Proposed location of one sign which may
be
be no larger than ten (10) square feet; sign shall
freestanding and not higher than seven (7) feet above the
ground. Two incidental unlighted entrance and exit signs
'
not exceeding two square feet each may be provided at each
entrance and/or exit.
Use -- Cemetery
'
Approved by: Board of adjustment.
Special use district: RA-20, R-12, R-5, R-5MH, PUD and 0&I
None.
Minimum lot area:
Parking and loading: Adequate off-street parking facilities
'
for funeral procession.
Screening and fencing: A screen not less than six (6) feet
high of dense plant material 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:
i(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: Board of adjustment.
Special use districts: RA-20, R-121 R-5, R-5MH, PUD, 0&I,
B-1 and B-2.
7-7

Minimum lot area: None.
Parking and loading: One space for each adult attendant and
one space for every six (6) children or fraction thereof.
Screening and fencing: See "other requirements."
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 internal circulation.
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 play area shall be enclosed by a solid or open
fence or wall at least four (4) feet in height. Where
the outdoor play area is directly adjacent to a resi-
dentially used or zoned lot, 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 nonresiden-
tial land uses.
(4) In residential districts, a day care center shall not
be operated between the hours of 7:00 p.m. and 6:00
a.m.
Use -- Dwelling, Multiple -Family
Approved by: Town Board of Commissioners.
Special use district: 0&I.
Minimum lot area: Refer to Section 6.3.1.
Other details: Refer to Section 6.3.1.
7-8
u
H
C
H

r
u
P
Use -- Funeral Homes
Approved by: Town Board of Commissioners.
Special use district: 0&I, B-2.
Minimum lot area: See table of requirements, Section 6.2.
Screening and fencing: A screen of dense plant material
designated to grow at least three (3) feet thick by six
(6) feet high and a fence at least three (3) feet high
shall be installed where the proposed funeral home abuts a
residential lot or an area zoned for residential
purposes.
Plans are required and must show:
Structures: Location of buildings and signs including
size.
Circulation: Proposed points of access and egress and
pattern of internal circulation.
Parking: Design of parking lot. See Section 8.2 for
applicable parking ratios.
Lighting: Proposed illumination, including location and
wattage.
Drainage: Proposed provision for storm drainage, approved
by the Building Inspector.
Other requirements: The Town Board of Commissioners may
provide additional requirements as it deems necessary in
order to make the proposed project more compatible with
adjacent areas and existing or proposed traffic
patterns.
Use -- Historical Preservation Commercial Use
Approved by: Town Board of Commissioners.
Special use district: Any district.
Plans are required and must show:
Structures: Location of buildings and signs, and size of
sign.
Circulation: Proposed points of access and egress and
pattern of internal circulation.
Parking: Layout of adequate parking spaces to meet the
standard 0&I off-street parking requirements.
7-9

Lighting: Lighting plan inclusive of wattage and
illumination. All parking areas must be lighted.
Other requirements:
(1) In order to be considered for the issuance of a
special use permit, the site must be either listed on
the National Register of Historic Places or included
in the North Carolina Plan for Historic Preservation
as compiled by the North Carolina Division of Archives
and History.
(2) Any allowed commercial use operated under a historic
preservation special use permit must be operated
within the building or buildings which are listed on
or nominated for the National Register of Historic
Places or the North Carolina Plan for Historic Preser-
vation and may only be open during days and daily
hours as approved by the board of adjustment. In the
determination of the days and daily hours of opera-
tion, the board of adjustment shall consider, but not
be limited to consideration of, the following deter-
mining factors: potential of the subject site to
support the proposed activity, traffic patterns and
volumes, and impact of proposed use on surrounding
land uses.
(3) [Except within the central Town -area as provided in
paragraph (6) below,] the commercial use may not
occupy in excess of twenty-five ( 25 ) percent of the
gross floor area of the building in which it is loca-
ted, except when the commercial use is considered a
part of the historical significance of the building.
(4) Only the following uses will be allowed: art gallery;
auction sales; baking, on -premises and retail only;
blacksmith services; club or lodge; contractor, trades
(excluding storage of equipment or supplies); curio
and souvenir sales; library; office; locksmith, gun-
smith; recreation or amusement enterprises conducted
inside a building and for profit, and not otherwise
listed herein; school, trade or vocational; tailoring;
eating or drinking facilities (drive-in excluded). As
a prerequisite to the establishment and continued
operation of eating or drinking facilities (drive-ins
excluded), there shall be no noxious odors emitted
from the facility as determined by the board of
adjustment.
(5) Sign - One nonlighted business identification sign
having a maximum area of four ( 4 ) square feet.
7-10
7
7
L
L
E
F
F
CII

' (6) The commercial use may occupy up to one hundred (100)
percent of the gross floor area of the building in
which it is located, provided such building is within
the central Town area and has met the other criteria
set forth above and in paragraphs ( 1) , ( 2) , ( 4 ) and
( 5 ) above as well as the parking standards and other
t applicable standards of the Town Code. In addition,
the Town Board of Commissioners shall approve, as a
condition of approval of said permit, a certified
' architect's rendering of the front, rear, right, and
left facade elevations to insure that any exterior
renovation will not destroy or detrimentally alter the
historic or arcitectural integrity of said building
' facade. The Town Board of Commissioners shall utilize
such expertise as it deems necessary in making such a
determination. Examples of such expertise would
' include, but are not limited to, a representative of
the North Carolina Division of Archives and History,
or a qualified architectural historian.
' Use -- Home for the Aged
' Approved by: Town Board of Commissioners.
Special use district. RA-20, R 5, R-5MH.
' Minimum lot area: Minimum lot area of district in which
located plus one thousand (1,000) square feet for each
person to be accommodated.
' Parking and loading: One space for each regular employee
plus one space for each four (4) persons to be
' accommodated.
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: Layout of parking spaces.
Lighting: Lighting plan, inclusive of wattage and
illumination.
Drainage: Proposed provision for storm drainage, approved
by the Building Inspector.
Other requirements: Must meet all requirements for
licensing by the State of North Carolina.
7-11

Use -- Industry, Pilot Operation
Approved by: Town Board of Commissioners.
Special use district: I-1.
Minimum lot area: None.
Parking and loading: See Section 8.2 for applicable parking
ratios.
Drainage: Proposed provision for storm drainage, approved
by the Building Inspector.
Screening and fencing: May be required at the discretion of
the board of adjustment.
Plans are required and must show:
Parking and loading: Proposed parking and loading
accommodations.
Other details:
(1) The industry shall not emit any undue noise, smoke,
dust, odor or electrical interference with radio and
TV reception.
(2) The industry will not generate undue amounts of
traffic.
Other requirements: The intent of the requirements is
that the permitted pilot operation will not adversely
affect the surrounding area as a whole nor be a
detriment to adjoining land uses.
Use -- Mobile Home (Individual) for Office and/or Exhibition
Approved by: Board of adjustment.
Special use district: Any district.
Minimum lot area: None.
Parking: One (1) space for each person employed in the
office at any given time during a twenty-four hour
period.
Requirements:
A temporary certificate of occupancy/compliance, allowing
mobile homes used solely as offices or for purposes of
exhibition to be temporarily parked, maintained and/or
7-12
1
H
CI,
C

F
F
occupied on a designated lot or land location, may be
issued by the supervisor of inspection services or his
authorized agents where the board of adjustment finds as a
fact that the use of such mobile home does not violate the
Town or State building, electrical or plumbing codes or
health regulations. All such certificates of occupancy/
compliance shall be valid for a period of twelve (12 )
months, after which they may be renewed upon similar
evidence of use of such mobile home.
Notwithstanding the foregoing, a certificate of occupancy/
compliance may be issued for a mobile home, for use as a
temporary field office for contractors, by the Burgaw
Building Inspector or his authorized agents without
approval of the board of adjustment, if the mobile home:
(1) And the structure under construction 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;
(5 ) Is to be used for a period not to exceed eighteen (18 )
months;
(6) Is utilized only incidental to on -site construction
during daylight hours and not for residential living
quarters;
(7) Is parked in a location approved in advance by the
supervision of inspection service or his authorized
agents;
(8) Sanitary facilities are connected with an approved
sewer system;
(9) Electrical facilities are connected in compliance with
regulations as set forth in the Town of Burgaw
Building Code.
Also notwithstanding the foregoing, a certificate of
occupancy/compliance may be issued for a mobile home for
use as a mobile classroom by a public or private school,
for a school administrative mobile office and for a mobile
7-13

home sales office without approval of the board of
adjustment, if the mobile home:
(1) Sanitary facilities are connected with an approved
sewer system;
(2) Electrical facilities are connected in compliance with
regulations as set forth in the Town of Burgaw
Building Code;
(3) Provisions pertaining to a mobile home foundation and
anchorage of the mobile home to the foundation, as
contained in the State of North Carolina Regulations
for Mobile Homes, 1972 edition, are adhered to.
Use -- !Mobile Home (Individual) for Residential Occupancy;
Hardship Special Use.
Approved by: Board of adjustment.
Special use district: As a hardship special use in RA-20,
R-5, R-5MH1 O&I and PUD.
Parking: Two (2) spaces for each mobile home.
Requirements:
Hardship exception: A temporary -certificate of occupancy/
compliance for parking a mobile 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 Burgaw Building Inspector or his authorized agents in
certain hardship cases, where the board of adjustment
finds each item below as a fact:
(1) That the person or persons occupying the mobile home
are physically dependent upon the person or persons
occupying all or 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 mobile home; and
(2) That the person or persons occupying the mobile home
and/or dwelling house cannot, because of financial or
other conditions, move to avoid hardship, necessi-
tating parking the mobile home adjacent to the
dwelling house; and
(3) That the parking of the mobile home adjacent to the
dwelling house will not create unhealthy or unreason-
able living standards; and
7-1 4:
n
E
I
1
n

�1
(4) That applicable health, sanitation, mobile home
foundation, tie -downs, electrical, and any other
applicable ordinances and laws are fully met.
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 board of' -adjustment. 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 mobile home removed.
Use -- Motel, Hotel, or Motor Court
Approved by: Town Board of Commissioners.
Special use district: 0&I.
Parking: One space for every rental room plus one space for
each of the maximum number of persons employed at any
given time during a twenty-four (24) hour period plus one
space for every four (4) seats in the restaurant, if
applicable.
Loading: One space for each one hundred thousand (100,000)
square feet of motel floor area or fraction thereof.
Screening and fencing: A screen of dense plant material
designed to grow at least three ( 3 ) feet thick by six ( 6 )
feet high and a fence at least three ( 3 ) feet high where
the proposed site of the motel (hotel) abuts a residential
lot or an area zoned for residential purposes.
Plans are required and must show:
Topography: Topography of the site at contour intervals
not greater than two (2) feet.
Structures: Location and approximate size of all existing
and proposed buildings and structures within one hundred
(100) feet of the proposed site.
Circulation: Proposed point of access and egress and
pattern of internal circulation.
Parking and loading: Layout of parking spaces.
7-1 5

Other details:
(1) Proposed provisions for storm drainage approved by the
Burgaw Building Inspector; sanitary sewerage approved
by the Burgaw Building Inspector or County Health'
Department, whichever is applicable.
(2) Size and proposed location of any signs.
(3) Proposed solid waste storage facilities.
(4 ) Proposed water system and firefighting 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.
Use -- Nursing Home
Approved by: Town Board of Commissioners.
Special use district: RA-20, R-5, R-5MH, 0&I.
Minimum lot area: Minimum lot area of district in which
located plus one thousand (1,000) square feet for each
person to be accommodated.
Parking: One space for each regular employee plus one space
for each four (4) persons to be accommodated.
Plans are required and must show:
Topography: Topography of the site at contour intervals
not greater than two (2) feet.
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.
Drainage: Proposed provision for storm drainage, approved
by the Building Inspector.
Other requirements:
(1) Must meet all requirements for licensing by the State of
North Carolina.
7-1 6
E
I I
I�

I
I
(2) Types of surfacing, slope, grade and cross section of
drives, sidewalks, malls, etc.
(3) Erosion and sedimentation control plan.
(4) Lighting plan, inclusive of wattage and illumination.
(5) All plans and construction details must meet current
specifications of the Town of Burgaw.
(6) Size and proposed location of any signs.
(7) Proposed solid waste storage.
Use -- Private Recreation Club or Swimming Club, not Operated
as a Business for Profit
Approved by: Board of adjustment.
Special use district: RA-20, R-12, R-5, R-SMH, 0&I, B-1,
B-2, I-1.
Minimum lot area: Swimming club, one acre for each forty
(40) club members (or families). Private nonprofit clubs
having only a swimming pool with bathhouse facilities and
open only during the swimming season are exempt from the
minimum lot area requirement if all activities and facili-
ties (other than parking) are located no closer than fifty
(50) feet to any property line.
Parking: One space for each five (5) members or families.
Screening and fencing: The swimming pool area shall be en-
closed by fencing not less than five (5) feet in height.
Plans are required and must show:
Structures: Location and approximate size of all existing
and proposed structures and playfields.
Parking: Layout of parking spaces and traffic
circulation.
IOther requirements:
' (1) There shall be provided in any swimming pool, water area
at a depth of five ( 5 ) feet' or less in the ratio of
seven and two tenths (7.2) square feet per member (or
family). Water areas deeper than five (5) feet shall
' not be included as a part of the minimum pool area to
satisfy this requirement.
7-1 7
11

(2) No improvements, structures, sidewalks or la areas or '
P Y
equipment shall be closer than fifty (50) feet to any
adjoining property lines. Parking areas may be per- '
mitted within twenty (20) feet of any adjoining property
line if the above -mentioned twenty (20) foot strip is
used for planting designed to grow at least three (3) '
feet thick and six (6) feet high.
(3) Adjacent to swimming pools there shall be provided paved
patio area(s) in the ratio of two (2) square feet of
,
paving for each square foot of water area that is five
(5) feet or less in depth.
1
(4) 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: Board of adjustment.
'
Special use district: All districts.
Minimum lot area: One-half acre for public utility
station.
Parking and loading: One space for each regular employee
'
employed primarily at the site at any given t ime .
Screening and fencing: A screen of not less than six (6) '
feet in height of dense plant material shall be provided
where the lot abuts a residential lot. Electrical sub-
stations shall be enclosed by a fence not less than eight '
(8) feet in height with three (3) strands of barbed wire
turned out at the top.
Plans are required and must show: '
Structures: Location and approximate size of all existing
and proposed structures within the site and all build- '
ings and structures within one hundred (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. '
7-18
1

Use -- Radio or Television Transmitter
'
Approved by: Town Board of Commissioners.
Special use district. RA-20, B 2 and I 2.
'
Minimum lot area: At least three (3) acres in area.
Parking and loading: One space for each regular employee
employed primarily at the site at any given time.
Plans are required and must show:
'
Structures: Location and approximate size of all existing
and proposed structures within the site and within one
thousand (1,000) feet.
Circulation: Proposed points of access and egress.
Parking and loading: Proposed off-street parking.
Drainage: Proposed provision for storm drainage, approved
'
by the Building Inspector.
Other details: Protective fencing at least six (6) feet
high with three (3) strands of barbed wire turned out
and ten (10) feet from the perimeter of the antenna base
'
shall be established.
'
Use -- Rehabilitation Facility
Approved by: Board of adjustment.
'
Special use district: R-5, R-5MH.
Minimum lot area: None.
'
Parking: One space for every five (5)
temporary residents
or fraction thereof plus one parking
space for each
'
employee on the premises.
Sign: One sign, not exceeding one square
foot in area,
which shall be flat -mounted against
the building or
'
fence.
Other requirements:
'
(1) All rehabilitation residences shall
be licensed and/or
sponsored by the appropriate State
or local agency.
7-19

Use -- School; Elementary, Junior High and High School I
Approved by: Town Board of Commissioners.
Special use district: RA-20, R-121 R-5, R-5MH, 0&I, PUD,
B-1 and B-2.
Minimum lot area:. The minimum lot area for the school shall t
be computed based upon the highest grade within the
school. The minimum lot area shall be as follows: -'
Kindergarten through seventh grade Two hundred (200)
square feet of land area per student in all grades.
Kindergarten through ninth grade - Three hundred (300) '
square feet of land area per student in all grades.
Kindergarten through twelfth grade - Four hundred (400) '
square feet of land area per student in all grades.
Parking and loading: See Section 8.2 for applicable parking '
ratios.
Drainage: Proposed provision for storm drainage, approved I
by the Building Inspector.
Plans are required and must show:
'
Structures: Location and approximate size of all existing
and proposed buildings and structures within the site
and on lots adjacent thereto.
'
Circulation: Proposed points of access and egress and
pattern of internal circulation.
'
Parking and loading: Layout of parking spaces.
Use -- Signs, Outdoor Advertising
,
Approved by: Board of adjustment.
Special use district: I-1 and I-2.
'
Minimum lot area: None.
Plans are required and must show:
'
Structures: Location and approximate size of all existing
and proposed structures within the site and three
'
hundred (300) feet therefrom.
Circulation: Points of access and egress within two
'
hundred ( 200 ) feet of the proposed sign location.
7-20

'
Use -- Sign, Public Service Information
Approved by: Board of adjustment.
'
Special use district: 0&I1 B-1, B-2, I-1 and I-2.
Plans are required and must show:
Structures: Location and approximate size of all existing
and proposed structures within the site and two hundred
(200) feet therefrom.
Circulation: Proposed points of access and egress.
'
Location: Proposed height, area and size of the sign.
Other requirements: Maximum illumination of the sign shall
'
be noted in lumens or footcandles.
Use -- Telephone Exchange Operation
'
Approved by: Board of adjustment.
Special use district: RA-20, R-12, R-5, R-5MH, PUD and O&I
'
Minimum lot area: One acre.
Parking and loading: One space for each two (2) regular
'
employees.
Screening and fencing: A screen of not less than six (6)
feet in height of dense plant material shall be provided
'
where the lot abuts a residential lot or a lot zoned
exclusively for residential purposes.
'
Plans are required and must show:
Structures: Location and approximate size of all existing
'
and proposed structures within the site and all
buildings within two hundred (200) feet thereof.
' Circulation: Proposed points of access and egress.
Parking and loading: Location and arrangement of all
proposed off-street parking.
' Other details:
' (1) Proposed provisions for fencing and other protective
screening at the lot lines adjacent to abutting
residential property.
' (2) Anticipated service area of the facility to be
constructed.
7-21

Use -- Theater, Outdoor Drive -In
Approved by: Town Board of Commissioners.
Special use district: RA-20
Minimum lot area: At least five (5) acres in the area.
Plans are required and must show:
Topography: Topography of the site at contour intervals
not greater than two (2) feet.
Structures: Location and approximate size of all existing
and proposed structures within the site and of all
buildings within one thousand (1,000) feet adjacent
thereto.
Circulation: Proposed points of access and egress
together with the proposed pattern of internal
circulation.
Other details:
(1) An area capable of storing at least one-third (1/3) as
many cars as can be accommodated within the viewing
area shall be provided, away from the flow of incoming
or outgoing traffic, for waiting vehicles.
(2) Proposed provision for storm drainage approved by the
Burgaw Building Inspector; sanitary sewerage approved
by the Burgaw Building Inspector or County Health
Department, whichever is applicable.
(3) Size and proposed location of any signs.
(4) Proposed solid waste storage facilities.
(5) Proposed water system and firefighting facilities such
as hydrants or sprinkler connections.
(6) Types of surfacing for drives, sidewalks, malls, etc.
(7) The location and height of all fences, walls and
hedges shall be shown.
(8) Projection screens, if located less than one thousand
(1,000) feet from a major thoroughfare, shall face.
away from the major thoroughfare.
7-22
n
E
n
n

'
(9) Drive-in theaters shall be located within five hundred
(500) feet of a major thoroughfare and shall have
'
direct access thereto.
(10 ) No off -site fill shall be permitted in the
'
construction of the drive-in.
7-23

SECTION 8.0 OFF-STREET PARKING AND OFF-STREET LOADING
REQUIREMENTS
8.1 Exemptions
1 The off-street parking and loading requirements shall apply
to all districts with the exception of the area shown on the
Official Zoning Map of the Town of Burgaw as the Off-street
' Parking and Off-street Loading Exemption Area.
' 8.2 General
8.2.1 Off -Street Parking Requirements
1
There shall be provided at the time of the erection of any
building, or at the time any principal building is enlarged or
increased in capacity by adding dewlling units, guest rooms,
'
seats, or floor area; or before conversion from one type of use
or occupancy to another, permanent off-street parking space in
the amount specified by this Ordinance. Such parking space may
be provided in a parking garage or properly graded open space.
No off-street parking or loading shall be permitted in a
required yard or open space, except in the case of a single or
'
two (2) family dwelling.
8.2.2 Minimum Parking Requirements
'
Each application for a building permit shall include infor-
mation as to the location and dimensions of off-street parking
'
and loading space and the means of ingress and egress to such
space. Required off-street parking area for three (3) or more
automobiles shall have individual. spaces marked, and shall be
so designed, maintained, and regulated that no parking or
maneuvering incidental to parking shall be on any public
'
street, walk, or alley, and so that any automobile may be
parked and unparked without moving another. This information
shall be in sufficient detail to enable the Building Inspector
'
to determine whether or not the requirements of this Ordinance
are met. Each automobile parking space shall have the
following minimum dimensions:
'
Angle Stall Width Curb Length per Stall Depth
(degrees) (feet) Car (feet) (feet)
'
0 8 23 8
20 8 23 1/2 14
'
30 8 16 16 1/2
45 8 11 1 /3 19 1 /6
60 8 9 1/3 20 1/2
70 8 8 1/2 20 5/6
'
90 8 8 19
8-1

8.2.3 Combination of Required Parking Space
The required parking space for any number of separate uses
may be combined in one lot but the required space assigned to
one use may not be assigned to another use, except that one
half (1/2) of the parking spaces required for churches,
theater, or assembly halls whose peak attendance will be at
night or on Sundays may be assigned to a use which will be
closed at night and on Sundays.
8.2.4 Remote Parking Space
If the off-street parking space required by this Ordinance
cannot be reasonably provided on the same lot on which the
principal use is located, such space may be provided on any
land within four hundred (400) feet of the main entrance to
such principal use.
8.2.5 Separation from Walkways, Sidewalks, and Streets
All parking, loading and service areas shall be separated
from walkways, sidewalks and streets by curbing or other suit-
able protective device to prevent vehicles from intruding into
these areas.
8.3 Minimum Parking Requirements
The following off-street parking space shall be required and
maintained:
Uses Required Off -Street Parking
Residential use consisting of Two (2) parking spaces on the
one or more dwelling units same lot for each dwelling unit.
Auditorium or Theater
Auto Wash
Bowling Alley
M
One (1) space for each four (4)
seats in the largest assembly
area
One (1) space for each two (2)
employees on shift of greatest
employment, plus one (1) space
for the manager and spaces equal
to three (3) times the capacity
of the car wash
Three (3) spaces per alley plus
requirements for any other use
associated with the establishment
such as restaurant, etc.
11
L
L
7
L
L

Churches
' Clinics, Medical
Day Care Center
1.
' Motels, Tourist Homes and
Boarding Houses
' Industries
Elementary Schools and
Junior High Schools
Fraternity or Sorority
Funeral Homes
General or Professional
Offices
Restaurants or other
Eating Places
Retail Use not otherwise listed
Senior High Schools
8-3
One (1) parking space for each
four (4) seats in the sanctuary
Four (4) parking spaces for each
doctor plus one (1) parking space
for each employee
One (1) space for each adult
attendant and one (1) space for
every six ( 6 ) children or
fraction thereof
One (1) space for every rental
room.
One (1) space for every 1.5
employees during maximum employ-
ment and one (1) space for every
truck to be stored or stopped
simultaneously.
One (1) parking space for each
classroom and administrative
office, plus ten (10 ) additional
parking spaces
One (1) space for each resident
occupant
One (1) parking space for each
five (5) seats in the chapel or
parlor, plus one (1) for each
funeral vehicle
One (1) parking space for each
three hundred (300) square feet
of gross floor space
One (1) space for each four (4)
seats
One (1) parking space for each
four hundred (400) square feet of
gross floor space
One (1) parking space for each
ten (10) students for which .the
building was designed plus one
(1) parking space for each class-
room and administrative office

Stadiums One (1) parking space or each t
four (4) spectator seats
Wholesale Establishments, One (1) space for every three (3) '
Warehouses, and other business employees during maximum employ -
not catering to retail or ment and one (1) space for every '
parkage trade 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 of the
needs therefor.
'
8.4 Off -Street Loading Requirements
In any district in which a building hereafter erected is to
'
be occupied by any manufacturing, processing, assembly, whole-
saling, retailing, laundrying, dry cleaning or similar activity
requiring the receiving or distribution by vehicles of material or
merchandise, there shall be provided and maintained on the same
'
lot with such building at least one (1) off-street loading space
plus one (1) additional space for every twenty thousand (20,000)
square feet or major fraction thereof of gross floor space in
'
excess of ten thousand (10,000) square feet. Each such loading
space shall be at least ten (10) feet in width, twenty-five (25)
feet in length, and shall have a height clearance of at least
fourteen (14) feet.
8-4 ' '

SECTION 9.0 REGULATIONS FOR SIGNS AND BILLBOARDS
' Intent - It is the purpose of this article to permit signs of a
commercial, industrial, and residential nature in districts which
' have uses with appropriate need for signs and to regulate the size
and placement of signs intended to be seen from a public right-
of-way.
9.1 General Provisions
' All signs within the jurisdictional area shall be covered by
these regulations and shall be erected, constructed, and main-
tained in accordance with the provisions of this Ordinance, the
' North Carolina State Building Code, and the National Electric
Code. Only those signs that are specified shall be created within
the jurisdictional areas of this Ordinance.
' 9.2 Traffic Safety
No sign shall be erected or continued that:
a) Obstructs the sight distance at intersections or along a
public right-of-way;
b) Would tend by its location, color, or -nature, to be
' confused with or obstruct the view of traffic signs or
signals, or would be confused with a flashing light of an
emergency vehicle; or
' c) Which might be confused with traffic directional signals
and signs such as "stop," "go," "slow," "danger," etc.
' 9.3 Maintenance
'
Whenever a sign becomes structurally unsafe
safety of a building or the public, the Building
or endangers the
Inspector shall
order that such sign be made
safe or removed. A
period of ten
(10) days following receipt
of said order by the
person, firm, or
'
corporation owning or using
the sign shall be allowed
for
compliance.
' 9.4 Construction Prohibited
No sign shall be attached to or painted on any telephone
' pole, light pole, telegraph pole, or other manmade objects not
intended to support a sign or any tree, rock, or other natural
objects.
9-1

t
9.5 Illumination
Illumination devices such as, but not limited to, flood or '
spot lights shall be so placed and so shielded as to prevent the
rays of illumination from being cast upon neighboring buildings
and/or vehicles approaching from either direction.
9.6 Nonconforming Signs '
All signs or advertising structures located in districts
where they would not be permitted as a new use under the terms of ,
these regulations are hereby declared to be nonconforming uses.
Nonconforming signs shall be removed within three (3) years of the
adoption of this Ordinance. However, signs that are nonconforming
as a result of improper illumination shall be made to conform to '
the requirements of this Ordinance within one (1) year.
9.7 Exclusion I
Signs listed below are excluded from these regulations:
a) Signs not exceeding one (1) square foot in area and '
bearing only property numbers, post office box numbers,
names of occupants of premises, or other identification '
of premises not having commercial connotations;
b) Flags and insignias of any government except where ,
displaced in connecting with commercial promotion;
c) Legal notices, identification, information or directional
signs erected or required by governmental bodies; ,
d) Integral decorative or architectural features of
buildings, except letters, trademarks, moving lights, or '
moving parts; and
e) Signs directing and guiding traffic and parking on ,
private property, but bearing no advertising matter.
9.8 Administration I
The Building Inspector shall issue a permit for the erection
of construction only for a sign which meets the requirements of I
this Ordinance.
9-2

n
9.9 Filing Procedure
' Applications for permits to erect, hang, place, paint, or
alter the structure of a sign shall be submitted on forms obtain-
able from the Building Inspector. Each application shall be
' accompanied by a plan showing the following:
a) Area of the sign;
' b) Size, character, general layout and designs proposed for
painted displays;
c) The method and type of illumination, if any;
d) The location proposed for such signs in relation to
' property lines, zoning district boundaries, right-of-way
lines, and existing signs;
e) If conditions warrant it, the Building Inspector may
require such additional information as will enable him to
determine if such sign is to be erected in conformance
with the requirements of this Ordinance; and
f) Payment of fee to obtain building permit.
' 9.10 Signs Which Do Not Require a Permit
The following signs may be erected, hung or placed without a
permit from the Building Inspector but shall not be illuminated
unless otherwise specified:
Temporary Real Estate Si n - One (1) temporary real estate
sign not exceeding ten 0) feet in area shall be permitted
per residential lot. One (1) temporary real estate sign not
' exceeding thirty-two (32) square feet in area shall be per-
mitted, for commercial or industrial property, and/or for
tracts of land five (5) acres or more in area. Where the
property on which said sign is to be placed faces more than
one (1) street, one (1) such sign shall be allowed on each
street frontage.
Temporary Construction Si n - One (1) temporary construction
site sign not exceeding thirty-two (32) square feet erected
on the site during the period of construction to announce
the name of the owner or developer, contractor, architect,
land planner, landscape architect, engineer, and/or mortgage
banker.
9-3

Direction or Information Si n - Direction or information
signs of a public or quasi" -public nature shall not exceed
thirty-two (32) square feet in area. Such signs shall only
be used for the purpose of stating or calling attention to:
a) The name or location of the town, hospital, community
center, public or private school, church, synagogue, or
other place of worship -- this type sign may be
illuminated;
b) The name of a place of meeting of an official or civic
body, or fraternal organization -- this type sign may be
illuminated;
c) An event of public interest such as public hearing,
rezoning announcement, general election, church or public
meeting; local or county fair; and other similar commu-
nity activities and campaigns;
d) Soil conservation, 4-H, and similar projects;
e) Zoning and subdivision jurisdiction boundaries; and
f) Name of a subdivision or other building project (sign may
include name of project, real estate agency, architect,
engineer, mortgage banker, etc.).
9.11 Setback Requirements
Signs which do not require a permit shall be set back at
least ten (10) feet from any public right-of-way line or property
line and shall be set back at least fifty (50) feet from any road
intersection.
9.12 Signs Which Require A Permit
No sign except those listed in Section 9.10 shall be
erected, hung, or structurally altered without a permit from the
Building Inspector. The following signs shall be erected, hung,
placed, or structurally altered only after a permit has been
issued by the Building Inspector and the minimum requirements for
such signs are met.
9.13 Principal Use Signs
a) Principal use signs shall be permitted in all districts
with the exception of Residential Districts RA-20, R-5,
R-5MH and residential areas of PUD districts.
9-4
F
F
E

b)
Each principal, use sign shall require a permit.
'
c)
Principal use signs may be illuminated.
d)
Principal use signs shall be set back at least ten (10)
feet from any right-of-way line or property line and
'
shall not obstruct the vision of a street intersection
for a distance of fifty (50) feet from the right-of-way
of the intersection.
e)
No principal use sign shall be permitted that exceeds
three hundred (300) square feet of sign area.
'
in
f)
No principal use sign shall exceed forty (40) feet
height measured from the finished grade of the lot to the
'
top of the sign structure.
g)
The combined total sign area of all principal use signs
on the premises shall not exceed seven hundred (700)
'
square feet or six (6),square feet of sign area per
linear foot of street frontage in single ownership,
whichever is less.
9.14 Outdoor Advertising Signs
'
a)
Outdoor advertising signs shall be permitted in all
districts, with the exception of Residential Districts
'
R-51 R-5MH and PUD.
b)
Each outdoor advertising sign shall require a permit.
c)
An outdoor advertising sign may be illuminated.
d)
An outdoor advertising sign shall not exceed three
hundred (300) square feet in copy area. Double facing
'
and/or side -by -side outdoor advertising signs ( limit of
two [21 such signs) may be permitted provided each sign
does not exceed three hundred (300) square feet in copy
area.
d)
Where outdoor advertising signs are free standing,
'
uprights shall be spaced no more than twelve (12) feet on
centers. The minimum clear distance between the ground
level and the bottom of the trim shall be ten (10) feet.
'
f)
No outdoor advertising sign shall be located within one
hundred (100 ) feet of any residential structure, and all
outdoor advertising signs shall be set back at least ten
'
(10) feet from any right-of-way line or property line.
All outdoor advertising signs shall be fifty (50) feet
from a right-of-way intersection.
9-5

g) No outdoor advertising sign shall exceed fifty (50) feet '
in height measured from the finished grade of'the lot to
the top of the sign structure. Roof top outdoor adver-
tising sign shall not exceed fifty (50) feet in height
measured from the finished grade of the lot to the top of
the sign structure. ,
h) The minimum distance between outdoor advertising signs
shall be three hundred (300) feet.
i) The backs of all outdoor advertising signs (except double '
facing signs) shall be painted in a neutral color to
blend with the surrounding area and to prevent the '
reflection of car lights and sunlight.
9.15 Projecting Signs and Devices ,
Projecting signs shall not be permitted in the B-1
district. '
Projecting signs, outdoor advertising signs and similar
overhanging devices, where they are permitted, shall be at least '
ten (10) feet above the finished grade of any sidewalk or other
walkway. Signs attached to the underside of a canopy shall be at
least nine (9) feet above the finished grade of any sidewalk or
other walkway. No sign shall extend closer than two (2) feet to a
vertical plane at any street curbline. 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.
Projecting signs, where permitted to project over a public
street or sidewalk right-of-way, shall remain only at the suffer-
ance of the Town of Burgaw, and shall be removed within five (5) ,
days of formal notification by the Burgaw Building Inspector or
his authorized agents of any conditions necessitating removal.
Signs affixed flat against the walls of buildings or verti-
cal surfaces of canopies and not more than twelve (12) inches in
thickness shall not be deemed a projecting sign. Business identi-
fication signs mounted on the parapet or on the roof line and not '
projecting more than twelve (12) inches beyond the building face
shall not be deemed a projecting sign. The thickness of such
nonprojecting signs shall not be used in measuring setbacks. In
no case shall the signs covered in this section extend closer than
two (2) feet to a vertical plane at any street curbline.
9-6

' 9.16 Removal of Vacated Business Identification Signs
' All business identification signs shall be removed within
eight (8) weeks by the owner of the premises after said premises
has been vacated by the business identified by the sign.
' 9.17 Portable Signs
Effective on and after January 1, 1992, portable signs will
' be allowed only under the following provisions:
(1) Portable signs are allowed in the B-2 district.
' (2) The maximum advertising surface of any portable sign
shall not exceed fifty (50) square feet in area on any
one side.
' (3) Portable signs will be used solely for the purpose of
advertising a business or other activity which is
' conducted or operated on the property on which the sign
is located.
The use of all portable signs will require the owner of
the
'
property on
which the sign is to be located to obtain a sign
permit from
the supervisor of inspection services or his
'
authorized agents. The length of all permits will be thirty
calendar days. There will be a charge of six dollars ($6.00)
(30)
for
each permit
issued. A permit may be renewed for an additional
thirty -day
calendar period. There will be a charge of six dollars
($6.00) for
each permit renewal. No permit or renewals shall
be
'
issued for
a time exceeding sixty (60) days during any twelve
(12)
consecutive
month time period.
All portable signs must be located on property so as to not
be situated on an existing street right-of-way. Flashing lights
are prohibited on all portable signs.
If a portable sign remains in a location beyond the period
of time for which the sign permit was issued, the Town of Burgaw
may remove the sign and hold said sign until the owner of the sign
has paid to the Town of Burgaw a service fee of fifty dollars
($50.00). If any violation of the provisions of this zoning
ordinance occurs with respect to the location or use of portable
signs, the Town of Burgaw may remove the portable sign from the
property for which the permit was issued and hold said sign until
a service fee of fifty dollars ($50.00) has been paid to the Town
of Burgaw by the owner of the sign. The remedy set forth in this
paragraph shall not be exclusive, but shall be in addition to any
other remedy provided by this ordinance or by law in cases of
violation of the zoning ordinance of the Town of Burgaw.
9-7

SECTION 10.0 NONCONFORMING SITUATIONS
10.1 Continuation of Nonconforming Situations and Com letion of
Nonconforming- projects
1) 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 Sub-
sections 10.2 through 10.5 of this section.
2) Nonconforming projects may be completed only in accordance
' with the provisions of Subsection 10.6 of this section.
' 10.2 Nonconforming Lots
1) When a nonconforming lot can be used in conformity with all
' of the regulations (other than the area.or width require-
ments) 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
conditional use permit issued by the board of adjustment.
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
t setback lines and yard size minimums) if it finds that no
reasonable use of the property can be made without such
deviations.
' 2) Whenever this Ordinance creates a nonconforming lot and the
owner of the nonconforming lot also owns land adjacent to
it, and a portion of this other land can be combined with
' the nonconforming lot to create a conforming lot (without
thereby creating other nonconformities), the owner of the
nonconforming lot, or his successor in interest, may not
take advantage of the provisions of paragraph 1 of this
' subsection.
I
10.3 Extension or Enlargement of Nonconforming Situations
1) Except as specifically provided in this subsection, it shall
' be unlawful for any person to engage in any activity that
causes an increase in the extent of nonconformity of a
nonconforming situation.
10-1

'
2) Subject to (4) of this subsection, a nonconforming
paragraph 9
use may be extended throughout any portion of a completed
building that, when the use was made nonconforming by this
'
Ordinance, was manifestly designed or arranged to accommo-
date such use. However, subject to Subsection 10.6 of this
section (authorizing the completion of nonconforming proj-
ects in certain circumstances), a nonconforming use may not
be extended to additional buildings or to land outside the
original building.
'
3) Subject to Subsection 10.6 of this section (authorizing the
completion of nonconforming projects in certain circum-
stances), a nonconforming use of open land may not be ex-
,
tended to cover more land than was occupied by that use when
it became nonconforming, except that a use that involves the
removal of natural materials from the lot (e.g., a quarry)
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.
'
4) The volume, intensity, or frequency of use of property where
a nonconforming situation exists may be increased and the '
equipment or processes used at a location where a noncon-
forming 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 subsection occur.
5) Physical alternation of structures or the placement of new '
structures on open land are unlawful if they result in:
a) An increase in the total amount of space devoted to a '
nonconforming use;
b) Greater nonconformity with respect to dimensional '
restrictions such as yard requirements, height limita-
tions, or density requirements; or
c) The enclosure of previously unenclosed areas, even though '
those areas were previously used in connection with the
nonconforming activity. An area is unenclosed unless at
least 75 percent of the perimeter of the area is marked '
by a permanently constructed wall or fence.
6) Minor repairs to and routine maintenance of property where '
nonconforming situations exist are permitted and encouraged.
Major renovation -- i.e., work estimated to cost more than
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 81) -- may be done
10-2

pursuant to a conditional use permit issued by the Board of
Adjustment. The Board of Adjustment shall issue such a
'
permit if it finds that the work will not result in a viola-
tion of any other paragraphs of this subsection (particu-
larly paragraph 5) or make the property more incompatible
'
with the surrounding neighborhood.
7) Notwithstanding paragraph 5, any structure used for single-
family residential purposes and maintained as a nonconform-
'
ing use may be replaced with a similar structure of a larger
size, so long as the replacement does not create new noncon-
'
formities or increase the extent of existing nonconformities
with respect to yard size and setback requirements. In
particular, a mobile home may be replaced with a larger
mobile home, and a "single -wide" mobile home may be replaced
'
with a "double -wide." This paragraph is subject to the
limitations stated in Subsection 10.5 on abandonment and
discontinuance of nonconforming situations.
'
8) A structure that is nonconforming in any respect or a
structure that is used in a nonconforming manner may be
reconstructed or replaced if partially or totally destroyed,
'
subject to the following restrictions:
a. The total amount of space devoted to a nonconforming use
'
may not be increased, except that a larger, single-family
residential structure may be constructed in place of a
smaller one and a larger mobile -home intended for
'
residential use may replace a smaller one;
b) The reconstructed building may not be more nonconforming
with respect to dimensional restrictions such as yard
requirements, height limitations, or density require-
ments, and such dimensional nonconformities must be
eliminated if that can reasonably be accomplished without
unduly burdening the reconstruction process or limiting
the right to continue the nonconforming use of such
building;
'
c) The reconstructed building may not enclose areas that
were previously unenclosed, even though those areas were
used in connection with the nonconforming activity. An
'
area is unenclosed unless at least 75 percent or more of
the perimeter of the area is marked by a permanently
constructed -wall or fence.
'
Except for single-family residential structures (including
mobile homes), if the estimated cost of the reconstruction
work exceeds 10 percent of the appraised value of the struc-
ture, the work may be done only after issuance of a condi-
tional use permit by the Board of Adjustment. The Board
10-3
1

I
'
shall issue the perm it if it finds that the work will be
done in accordance with this paragraph and that
the recon-
structed building will not make the property
more incom-
patible with the surrounding property than it
was before the
destruction occurred.
10.4 Change in Rind of Nonconforming Use
1) A nonconforming use may be changed to a conforming
use.
'
Thereafter, the property may not revert to a
nonconformity
use.
,
2) A nonconforming use may be changed to another
nonconforming
use only in accordance with a conditional use
permit issued
by the Board of Adjustment. The Board shall
issue such a
permit if it finds that the proposed use will
be more
'
compatible with the surrounding neighborhood
than the use or
combination of uses in operation at the time
the permit is
applied for.
'
10.5 Abandonment and Discontinuance of Nonconforming situations I
1) When a nonconforming use is (1) discontinued for a consec-
utive period of 180 days, or (2) discontinued for any period '
of time without a present intention to reinstate the noncon-
forming use, the property involved may thereafter be used
only for conforming purposes, except as provided in '
paragraph 2) of this subsection.
2) The Board of Adjustment may issue a conditional use permit
to allow a nonconforming use that has been discontinued for
more than 180 consecutive days to be reinstated if it finds
'
that (1) the nonconforming use has been discontinued for
less than two years, and (2) the discontinuance resulted
from factors that, for all practical purposes, were beyond
'
the control of the person maintaining the nonconforming
use.
'
3) If the principal activity on property where a nonconforming
situation other than a nonconforming use exists is (1) dis-
continued for a consecutive period of 180 days, or (2) dis-
continued for any period of time without a present intention
of resuming that actiity, then that property may thereafter
be used only in conformity with all of the regulations
applicable to the district in which the property is located,
'
unless the Board of Adjustment issues a conditional use
permit to allow the property to be used (for a conforming
purpose) without correcting the nonconforming situation.
'
The Board shall issue such a permit if it finds that (1 ) the
10-4

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 sur-
rounding property or the general public to any significant
extent.
'
4)
For purposes of determining whether a right to continue a
nonconforming situation is lost pursuant to this subsection,
all of the buildings, activities, and operations maintained
'
on a lot are generally to be considered as a whole. For
example, the failure to rent one apartment in a nonconform-
'
ing apartment building or one space in a nonconforming
mobile 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 mobile home park as a whole is
continuously maintained. But if a nonconforming use is
maintained in conjunction with a conforming use, discontin-
uance of a nonconforming use for the required period shall
'
terminate the right to maintain it thereafter. And so, if
a mobile home is used as a nonconforming use on a residen-
tial lot where a conforming residential structure also is
located, removal of that mobile home for 180 days terminates
the right to replace it.
5)
When a structure or operation made nonconforming by this
Ordinance is vacant or discontinued at the effective date of
'
this Ordinance, the 180-day period for purposes of this sub-
section begins to run at the effective date of this
'
Ordinance.
10.6
Completion of Nonconforming Projects
1)
All work on any nonconforming project shall cease on the
effective date of this Ordinance, and all permits previously
issued for work on nonconforming projects shall be revoked
'
as of that date. Thereafter, work on nonconforming projects
may begin, or may be continued, only pursuant to a condi-
tional use permit issued by the Board of Adjustment (except
as provided in paragraph 2) of this subsection). The Board
shall issue such a permit if it finds that the applicant has
in good faith made substantial expenditures or incurred
substantial binding obligations or otherwise changed his
'
position in some substantial way in reasonable reliance on
the land use law as it existed before the effective date of
this Ordinance and thereby would be unreasonably prejudiced
'
if not allowed to complete his project as proposed. In
considering whether these findings may be made, the Board
shall be guided by the following:
10-5

H
a) All expenditures made pursuant to a validly issued and , unrevoked building or zoning permit shall be considered '
as evidence of reasonable reliance on the land use law
that existed before this Ordinance became effective.
b) Except as provided in subparagraph a) of this paragraph,_
no expenditures made more than 180 days before the effec
'
tive date of this Ordinance shall be considered as evi-
dence of reasonable reliance on the land use law that
existed before this Ordinance became effective. An
'
expenditure is made at the time a party incurs a binding
obligation to make that expenditure.
'
c) To the extent that expenditures are recoverable with a
reasonable effort, a party shall not be considered preju-
diced by having made those expenditures. For example, a
party shall not be considered prejudiced by having made
'
expenditure to acquire a potential development site if
the property obtained is just as valuable under the new
classification as it was under the old, for the expendi-
,
ture can be recovered by resale of the property.
d) An expenditure shall be considered substantial if it is '
significant both in dollar.amount and in terms of (1) the
total etimated cost of the proposed project, and (2) the
ordinary business practices of the developer. ,
e) A person shall be considered to.have acted in good faith
if actual knowledge'of a proposed change in the land use ,
law affecting the proposed development site could not be
attributed to him.
f) Even though a person had actual knowledge of a proposed
'
change in the land use law affecting a development site,
the Board may still find that he acted in good faith if
he did not proceed with his plans in a deliberate attempt
to circumvent the effects of the proposed ordinance. The
'
Board may find that the developer did not proceed in an
attempt to undermine the proposed ordinance if it deter-
mines that (1) at the time the expenditures were made,
'
either there was considerable doubt about whether any
ordinance would ultimately be passed, or it was not clear
that the proposed ordinance would ultimately be passed,
,
or it was not clear that the proposed ordinance would
prohibit the intended development; and (2) the developer
had legitimate business reasons for making expenditures.
'
2) The requirements of paragraph 1) of this subsection 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
10-6

'
Ordinance and that the work is at least 75 percent complete
at the effective date of this Ordinance.
3)
The Board of Adjustment shall not consider any application
for the conditional use permit authorized by paragraph 1) of
this subsection that is submitted more than 60 days after
'
the effective date of this Ordinance, unless is waives this
requirement for good cause shown.
4)
If the Board of Adjustment issues a conditional use permit
pursuant to paragraph 1) of this subsecton, it may attach
such reasonable conditions to the permit as it finds neces-
sary 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 noncon-
forming project be continuously maintained, if possible, and
that the project be completed as expeditiously as possible.
'
5)
The Building Inspector shall send copies of this subsection
to the owners (and developers, if different from the owners)
of all properties in regard to which permits have been
issued for nonconforming projects or in regard to which a
nonconforming project is otherwise known to be under con-
struction. This notice shall be sent by registered mail not
less than fifteen days before the effective date of this
Ordinance.
6)
The Board of Adjustment shall establish expedited procedures
for hearing applications for conditional use permits under
this subsection. These applications shall be heard, when-
ever possible, before the effective date of this Ordinance,
so that construction work is not needlessly interrupted.
developer's that
7)
When it appears from the plans or otherwise
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 noncon-
forming 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.

1
SECTION 11.0 ADMINISTRATION AND ENFORCEMENT
1 11.1 Administration and Enforcement
1 The Building Inspector shall administer and enforce this
Ordinance. He may be provided with assistance of such other
persons as the Town Commissioners may direct.
If the Building Inspector shall find that any of the provi-
sions of this Ordinance are being violated, he shall notify in
writing the person responsible for such violation indicating the
1 nature of the violation and ordering the action necessary to
correct it. He shall order discontinuance of illegal use of land,
buildings, or structures; removal of illegal buildings or struc-
tures or of additionals, alterations, or structural changes
thereto; discontinuance of any illegal work being done; or shall
take any other action authorized by this Ordinance to insure
1 compliance with or to prevent violation of its provisions.
11.2 Building Permit Requirements
1 After the adoption of this Ordinance, -no new uses shall be
established unless a building permit is applied for and issued by
1 the Building Inspector. No permit shall be issued except in
conformity with the provisions of this Ordinance, except after
written order from the Board of Adjustment.
11.3 Application for Building_ Permit
All applications for building permits shall be accompanied
by plans in duplicate, drawn to scale, showing the actual dimen-
sions and shape of the lot to be built upon; the exact sizes and
locations on the lot of buildings already existing, if any; the
location and dimensions of the proposed building or alteration and
evidence of Pender County Board of Health's approval of the sewage
disposal system. The application shall include such other infor-
mation as may be required by the Building Inspector including
existing or proposed building or alteration; existing or proposed
uses of the building and land; the number of families or rental
units the building is designed to accommodate; conditions existing
on the lot; and such other matters as may be necessary to deter-
mine conformance with, and provide for the enforcement of, this
Ordinance.
One copy of the plans shall be returned to the applicant by
the Building Inspector after he shall have marked such copy either
as approved or disapproved and attested to same by his signature
on such copy. Should the Building Inspector disapprove an

application for a building permit, the reasons for.disapproval
shall be listed on the application. The second copy of the plans,
similarly marked, shall be retained by the Building Inspector.
11.4 Expiration of Building Permit
If the work described in any building permit has not begun
within six (6) months from the date of issuance thereof, said per-
mit shall expire; it shall be cancelled by the Building Inspector
and written notice thereof shall be given to persons affected.
If after commencement the work is discontinued for a period
of twelve (12) months, the permit therefore shall immediately
expire and be cancelled by the Building Inspector and written
notice thereof shall be given to the persons affected, together
with notice that further work as described in the cancelled permit
shall not proceed unless and until a new building permit has been.
obtained.
11.5 Buildinq Permit for New or Altered Uses
It shall be unlawful to create, erect, change, convert or.
wholly or partly alter or enlarge the use of a structure until a
building permit shall have been issued by the Building Inspector
stating that the proposed use of the building or land conforms to
the requirements of this Ordinance.
No permit for erection, alteration, moving or repair of any
building shall be issued until an application has been made for a
building permit. The permit shall be issued in conformity with
the provisions of this Ordinance upon completion of the work.
A temporary building permit may be issued by the Building
Inspector for a period not exceeding six (6) months during alter-
ations or partial occupancy of a building pending its completion.
A temporary building permit may be issued by the Building Inspec-
tor for a period not exceeding one (1) month for bazaars, carni-
vals, or religious revival. Such temporary permit may require
such conditions and safeguards as will protect the safety of the
occupants and the public.
The Building Inspector shall
ing permits and a monthly summary
made available to the public.
11-2
maintain a record of all build- f
of all permits issued shall be

' 11.6 Construction and Use to be as Stated on Building Permits
' Building permits issued on the basis of plans and applica-
tions approved by the Building Inspector authorize only the use,
arrangements, and construction set forth in such approved plans
' and applications. Use, arrangement, or construction at variance
with that authorized shall be deemed a violation of this Ordinance
and punishable as provided by Section 14.2 herein.
1 1 .7 Ris ht of Appeal
' If the building permit is denied, the applicant may appear
the action of the Building Inspector to the Board of Adjustment.
' 11.8 Certificate of Occupancy
' No new building or part thereof shall be occupied, and no
addition or enlargement of any existing building shall be
occupied, and no existing building after being altered or moved be
occupied, and no change of occupancy shall be made in any existing
' building or part thereof, until the Building Inspector has issued
a certificate of occupancy therefore. A temporary certificate of
occupancy may be issued for a portion or portions of a building
' which may safely be occupied prior to final completion and
occupancy of the entire building.
' Application for a certificate of occupancy may be made by
the owner or his agent after all final inspections have been made
for new buildings, or, in the case of existing buildings, after
supplying the information and data necessary to determine compli-
ance with this Ordinance and appropriate regulatory codes of the
Town for the occupancy intended. The Building Inspector shall
issue a certificate of occupancy when, after examination and
' inspection, it is found that the building in all respects conforms
to the provisions of the Ordinance and appropriate regulatory
codes of the Towri for the occupancy intended.
' 11.9 Duties of Building Inspector, Board of Adjustment, Courts
and Town Commissioners as -to —Matters -of Appeal
' It is the intention of this Ordinance that all questions
arising in connection with the enforcement of this Ordinance shall
be presented first to the Building Inspector and that such ques-
tions shall be presented to the Board of Adjustment only on appeal
from the Building Inspector, and that from the decision of the
Board of Adjustment recourse shall be to courts as provided by
' law.

It is further the intention of this Ordinance that the '
duties of the Town Commissioners in connection with the Or finance
sha not include the hearing a_nF passing of disput-eX"questions '
that may arise in connection with the enforcement thereof, but
on v considerinq an -passing upon anv or000sed amendment or repeal
of the ordinance -test -and -map: '
11.10 Zoning Permit
,
Applications for a zoning permit -shall be made to the Build-
ing Inspector on forms furnished by the Building Inspector and
shall include the following where applicable:
'
Name and Address of the applicant, owner of the site,
architect, professional engineer, or contractor.
'
Description of the Subject Site by lot, block and
recorded subdivision or by metes and bounds; address of the
subject site; type of structure; existing and proposed
'
operation or use of the structure or site; number of
employees; and the zoning district within which the subject
site lies.
'
Additional Information as required by the governing
body, Planning Board, or the Building Inspector.
'
The zoning Permit shall be granted -or denied in writing
by the Building Inspector within thirty (30) days. The
permit shall expire within six (6) months unless substantial
'
work has commenced. Any permit issued in conflict with the
provisions of this Ordinance shall be null and void.
11.11 Protest Vote Requirement
In the case of a protest against a zoning change, signed by
'
the owners of twenty (20) percent or more either of the area of
the lots included in a proposed change, or of the immediately
adjacent thereto either in the rear thereof or on either side
,
thereof, extending 100 feet therefrom, or of those directly
opposite thereto extending 100 feet from the street frontage of
the opposite lots, an amendment shall not become effective except
by favorable vote of three -fourths of all the members of the Town
,
Board of Commmissioners (G.S. 160A-385).
The Town Clerk shall certify that petitioners are in fact.
'
the owners of 20 percent of certain specified properties as
required above.
1
11-4

SECTION 12.0 AMENDMENTS
' 11.1 Amending the Ordinance
' The Town Board of Commissioners may amend the text
regulations and zoning map according to the following procedures.
The following action shall be taken by the applicant:
a) Initiation of Amendments - Proposed amendments may be
' initiated by the Town Commissioners, Planning Board,
Board of Adjustment, or by one or more interested
parties.
' b) Application - An application for any amendment shall con-
tain a description of the proposed zoning regulation or
district boundary to be applied. Such application shall
' be filed with the Building Inspector.not later than ten
(10) working days prior to the Planning Board meeting at
which the application is to be considered.
' c) A fee of twenty (20) dollars shall be paid to the Town of
Burgaw, North Carolina, for each application for an
amendment to cover the costs of advertising and other
' administrative expenses involved.
12.2 Action by the Planning Board
Planning Board Consideration - The Planning Board shall
consider and make recommendations to the Town Commissioners
' concerning each proposed zoning amendment.
' 12.3 Action by the Town Commissioners
Notice and Public Hearing - No amendment shall be adopted by
' the Town Commissioners until after public notice and hearing.
Notice of Public Hearing shall be published once a week for two
(2) successive calendar weeks in the local newspaper. Public
notice may also be posted on the property concerned indicating the
' proposed change and date of public hearing.
Before taking such lawful action as it may deem advisable,
' the Town Commissioners shall consider the Planning Board's recom-
mendation on each proposed zoning amendment.
' a) Petitions for amendments that receive favorable recommen-
dation of the Planning Board, or petitions on which the
Planning Board fails to make its recommendation within
12-1

thirty30 days after the Planning Board's public hear-
ing, shall be scheduled for public hearing before the
Town Commissioners. Such public hearing shall be duly I
advertised.
b) Petitions for amendments that receive an unfavorable or '
adverse recommendation of the Planning Board may be
appealed within ten (10 ) days of the date of such adverse
decision to the Town Commissioners by filing with the '
Clerk of the Board a notice, in writing, stating therein
the action of the Planning Board and the amendment
requested. Before taking action on any proposed
amendment, the Town Commissioners shall hold a public '
hearing. Public Hearings on proposed zoning amendments
will be held at such times as the Town Commissioners
shall decide. I
12.4 Resubmission of a Denial Petition
No resubmission of a denial petition may be resubmitted
within six (6) months of its previous denial.
12-2
F
F
r
F

I
' SECTION 13.0 BOARD OF ADJUSTMENT
t13.1 Creatin the Board of Adjustment
' The Burgaw Town Board of Commissioners shall provide for the
appointment of the Burgaw Board of Adjustment (hereinafter called
the Board). Insofar as possible, members of the Board shall be
t appointed from different areas within the Town's zoning jurisdic-
tion. The Board shall consist of a minimum of five (5) members.
Insofar as possible, initial appointment to the Board shall be as
follows: one-third (1/3) for a term of three (3) years; one-third
' (1/3) for a term of two (2) years; and one-third (1/3) for a term
of one (1) year. Two (2) alternate members may be appointed for a
term of three (3) years to serve in the absence of regular
members. The successor to the regular and the alternate members
shall be appointed for three (3) year terms. Vacancies shall be
filled for the unexpired term only. Members of the Board of
' Adjustment may be removed for cause by the Town Commissioners upon
written charges and after public hearing.
' 13.2 Meetings
The Board shall elect one of its members as Chairman and
' another as Vice -Chairman who shall serve for one (1) year. The
Building Inspector shall serve as secretary to the Board of
Adjustment. The Board shall draw up and -adopt the rules of
' procedures under which it will operate. Meetings of the Board
shall be held at the call of the Chairman and at such other times
as the Board may determine. The Chairman, or in his absence, the
Acting Chairman, may administer oaths and compel the attendance of
' witnesses. All meetings of the Board shall be open to the public.
However, the Board may meet in executive session to vote on each
case. The Board shall keep minutes of its proceedings, showing
' the vote of each member upon every question, or his absence or
failure to vote, indicating such fact, and also keep records of
its examination and any other official action.
13.3 Filing and Notice for an Appeal
' Appeals from the enforcement and interpretation of this
Ordinance and appeals for variances may be taken to the Board of
Adjustment by any person aggrieved or by any office, department,
' board or bureau of the Town affected. Notice of an appeal to the
Board of Adjustment shall be filed with the Building Inspector..
An appeal stays all proceedings in furtherance of the action from,
unless the Building Inspector certifies to the Board that by
' reason of facts stated in the certificate a stay would, in his
opinion, cause imminent peril to life and property, in which case
1
13-1

proceedings shall not be stayed otherwise than by a restraining
order, which may be granted by the Board or by a court of record.
Hearing of the Appeal - After receipt of notice of an.
appeal, the Board Chairman shall schedule the time for a hearing,
which shall be at a regular or special meeting.
Notice - At least one (1) week prior to the date of the
hearing, the Building Inspector shall furnish all- adjoining prop-
erty owners with written notices of the hearing. Notice of Public
Hearing shall be published once a week for two (2) consecutive
calendar weeks in the local newspaper. Public notice may also be
posted on the property concerned indicating the proposed change
and date of public hearing.
Fees for Appeal Variances - A fee of the cost of adver-
tising shall be paid to the Town of Burgaw, North Carolina, for
each appeal, to cover the necessary administrative costs and
advertising.
13.4 Powers and Duties
The Board of Adjustment shall have the following powers and
duties:
a) To hear and decide appeals where it is alleged by the
appellant that there is error in any decision made by the
Building Inspector or other administrative officials in
the carrying out or enforcing of any provision of the
Ordinance. A concurring vote of four -fifths (4/5) of the
members of the Board shall be necessary to reverse,
wholly or partly, any such decision.
b) To approve special uses enumerated within the various
zoning districts.
c) To authorize upon appeal in specific cases such variances
from the terms of this Ordinance as will not be contrary
to the public interest where, owing to special condi-
tions, a literal enforcement of the provisions of this
Ordinance would result in unnecessary hardship. In
granting any variance, the Board may prescribe appropri-
ate conditions and safeguards in conformity with this
Ordinance. A variance from the terms of this Ordinance
shall not be granted by the Board unless and until the
following findings are made: (see definitions; defini-
tion of variance).
13-2
0
I I
F

1) That special
condition and
circumstances exist which
'
are peculiar
involved and
to the land,
which are not
structure, or building
applicable to other land,
structures or
buildings in
the same district;
' 2) That literal interpretation of the provisions of this
Ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same
district under the terms of this Ordinance;
3) That the special conditions 'and circumstances do not
result from the actions of the applicant;
' 4) That granting the variance requested will not confer
on the applicant any special privilege that is denied
' by this Ordinance to other land, structures, or
buildings in the same district.
13.5 Appeal from the Board of Adjustment
An appeal from the decision of the Board of Adjustment may
' be made to the Pender County Superior Court within thirty (30)
days after the decision is made by the Board, but not thereafter.
0
.1
L
13-3

SECTION 14.0 LEGAL PROVISIONS
14.1. Complaints Regarding Violations
' Whenever a violation of this Ordinance occurs, or is alleged
to have occurred, any person may file a written complaint. Such
complaint stating fully the causes and basis thereof shall be
' filed with the Building Inspector. He shall record properly such
complaint, immediately investigate, and take action thereon as
provided by this Ordinance.
' 14.2 Penalties for Violation G.S. 160A-175)
I
7
P
Violation of the provisions of this Ordinance or failure to
comply with any of its requirements (including violations of
conditions and safeguards established in connection with grants or
variances) shall constitute a misdemeanor. Any person who
violates this Ordinance or fails to comply with any of its
requirements shall upon conviction thereof be fined not more than
$50.00 or imprisoned for no more than 30 days, or both, and in
addition shall pay all cost and expenses involved in the case.
Each day such violation continues shall be considered a separate
offense.
The owner or tenant of any building, structure, premises or
part thereof, and any architect, builder; contractor, agent, or
other person who commits, participates in, or maintains such
violation may each be found guilty of a separate offense and
suffer the penalties herein provided.
Nothing herein contained shall prevent the Town of Burgaw
from taking such other lawful action as is necessary to prevent or
remedy any violation pursuant to G.S. 160A-175.
14.3 Approval of Pender County Board of Health
The Building Inspector shall not issue a building permit for
any structure which requires the Board of Health's approval for
the installation of a sewage disposal system until such approval
has been granted by the Pender County Board of Health. Evidence
of approval shall accompany the application for a building
permit.
14-1
i

F
14.4 Separability and Non -Liability
Should any section or provision of this Ordinance be
declared by the courts to be unconstitutional or invalid, such
decisions shall not affect the validity of the Ordinance as a
whole, or any part there*of other than the part so declared to be
unconstitutional or invalid.
The Town does not guarantee, warrant or represent that only
those areas designated as floodlands will be subject to periodic
innundation or that those soils listed as being unsuited for
specific uses are the only unsuitable soils, and hereby asserts
that there is no liability on the part of the governing body, its
agencies, or employees for any flood damages, sanitation problems,
or structural damages that may occur as the result of reliance
upon, and conformance with, this Ordinance.
14.5 Effective Date
This Ordinance shall take effect and be
after its adoption by the Town Commissioners
Burgaw, North Carolina, this 4th day of May,
in force from and
of the Town of
1989.
14-2