Loading...
HomeMy WebLinkAboutCode of General Ordinances-1974�� tlk .w .. f ♦ vet � ��f r �4" � L � i�~Ai. Y..�.Y3• �..• i � W—F1� TOWN OF CHOCOWINITY CODE OF GENERAL ORDINANCES M The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. TOWN OF CHOCOWINITY, NORTH CAROLINA CODE OF GENERAL ORDINANCES I. LEGISLATIVE A. Board of Commissioners 1. Regular Meetings 2. Special Meetings 3. Quorum 4. Minutes of Meetings 5. Mayor to Preside 6. Mayor Not to Vote 7. Committees B. Collection of Taxes (Ord.Book I, pp.1-2) II. SAFETY A. Police 1. Organization 2. Board to Have Control 3. Duties of Police B. Traffic 1. Registration of Vehicles Inside the Corporate Limits 2. No Blocking of Railroad Crossings 3. Parking a. No Parking on Main Street b. Parking in Designated Areas only c. No Parking on Adams Street d. No Parking on Highway 17 4. Speed Limits Established a. Bragaw Lane from NC 33 to US 17 10/22/74 (Ord.Book I, p.5) b. US 264 from SR 1175 to Moore Avenue c. NC 33 from SR 1143 to Bell's Avenue d. Walhurst Avenue from NC 33 to US 17 i 09/01/59 08/01/70 05/03/83 11/02/71 05/06/75 10/04/66 & 04/19/76 & 03/01/83 10/04/66 & 04/19/76 04/19/76 10/04/66 CODE OF GENERAL ORDINANCES continued e. US 17-264 from North End Avenue to Bragaw Lane f. US 17-264 from Patrick Lane to Bragaw Lane g. US 17-264 from US 264/NC 33 to North End h. US 17 from US 264/NC 33 to Maple Branch i. US 264 from US 17-264 to SR 1175 j. NC 33 from US 17-264 to a point 0.20 miles East of US 17-264 5. No Thru Traffic 6. One Way Ordinance C. Discharge of Firearms in Corporate Limits III. MUNICIPAL SERVICES A. Water System 1. Trailer Lots -Charged 2. Singer Furniture Water Lines B. Garbage Ordinance IV. NUISANCE A. Noise 1. Loud and Offensive 2. Vehicle Noise and Dust B. Keeping Lots Clean ii 10/04/66 04/19/76 10/04/66 10/04/66 10/04/66 10/04/66 07/03/73 09/06/72 09/07/65 & 02/03/76 11/08/73 11/08/73 09/06/77 07/03/73 06/16/78 & 05/03/89 06/01/60 11/08/73 CODE OF GENERAL ORDINANCES continued V. LAND USE CONTROLS A. Residences Used as Businesses 08/02/72 B. NC Residential Building Code Adopted 11/02/76 C. Subdivision Regulations 09/06/88 D. Zoning Ordinance 06/01/82 & _/89 E. Extraterritorial Jurisdiction 08/03/82 VI. OTHER REGULATORY ORDINANCES A. Beer and Wine Sales (Sunday) 07/23/59 & 11/08/73 B. Meetings, Parades, Street Fairs 11/06/87 C. Topless Dancing Banned 06/01/71 D. Self -Service Stations without Attendants 06/01/71 iii I. LEGISLATIVE A. Board of Commissioners 1. Regular Meetings 2. Special Meetings 3. Quorum 4. Minutes of Meetings 5. Mayor to Preside 6. Mayor Not to Vote 7. Committees B. Collection of Taxes (Ord.Book I, pp.1-2) 10/22/74 A. BOARD OF COMMISSIONERS 1. REGULAR MEETINGS: The regular meetings of the Mayor and Board of Commissioners of the Town of Chocowinity shall be held on the first Tuesday of each month, at seven -thirty o'clock P.M. at the Town Hall unless otherwise designated by the Board. ' 2. SPECIAL MEETINGS: Special meetings of the Board may be held, after twenty-four hours notice, upon the call of the Mayor or upon the request in writing of any two members of the Board of Commissioners. Notice of the time and purpose 1 of said meetings shall be posted at the Town Hall, and due notice shall be given the Mayor and Board of Commissioners of the time and purpose of such meetings. 3. QUORUM: A majority of the members of the Board of Commissioners shall constitute a quorum and no official business of .the Town shall be transacted by the Board unless ' a quorum is present. 4. MINUTES: It shall be the duty of the Clerk to be present ' at all meetings of the Board, to keep in a book provided for that purpose a record of all the proceedings of the Board. ' 5. MAYOR TO PRESIDE: The Mayor shall preside at all meetings of the Board and in his absence the Mayor Pro tempore shall preside. ' 6. MAYOR NOT TO VOTE: The Mayor shall not vote on any question before the Board except in the case of a tie vote deadlocking a decision of the Board of Commissioners. ' 7. COMMITTEES: The Mayor and Commissioners may create such committees of the Board for special purposes they deem best. W. T. BARNES, Mayor JUANITA BAYTALA, Clerk Z-0fun of Tharofut-nitV c7lnrarparafeb in 1959 Phone 946-6568 -- P. O. Box 145 fQliarafuinifg, �darfii (fittralintt 27817 October 22, 1974 COMMISSIONERS: PRO MAYOR, BILLY CHANDLER O. A. TAYLOR H. E. COLE W. JOE MILLS 1,t t:ie board meeting of the Town Uf Choco,,inity on July 2, 1974, with imyor Barnes, l,iilford Dunbar, B.D. roster, 6.11. Taylor, and A.E. Cole present. A i-iotion .;.as a.ude by l-,ir. Cole, seconded by i,,r. Taylor to have seGutort County collect taxes for the `lovm of Chocov inity L tarting in 1975. This a,as unanwously carried. Juanita isuytzala Clerk M II. SAFETY Police (Ord.Book I,'p.5) 1. Organization 2. Board to Have Control 3. Duties of Police Traffic 1. Registration of Vehicles Inside the Corporate Limits 2. No Blocking of Railroad Crossings 3. Parking a. No Parking on Main Street b. Parking in Designated Areas Only c. No Parking on Adams Street d. No Parking on Highway 17 4. Speed Limits Established a. Bragaw.Lane from NC 33 to US 17 b. US 264 from SR 1175 to Moore Avenue c. NC 33 from SR 1143 to Bell's Avenue d. Walhurst Avenue from NC 33 to US 17 e. US 17-264 from North End Avenue to Bragaw Lane f. US 17-264-from Patrick Lane . to Bragaw Lane g. US 17-264 from US 264/NC 33 to North End h. US 17 from US 264/NC 33 to Maple Branch i. US 264 from US 17-264 to SR 1175 j. NC 33 from US 17-264 to a point 0.20 miles East of US 17-264 5. No Thru Traffic 6. One Way Ordinance Discharge of Firearms in Corporate Limits 09/01/59 08/01/70 05/03/83 11/02/71 05/06/75 10/04/66 & 04/19/76 & 03/01/83 10/04/66 & 04/19/76 04/19/76 10/04/66 10/04/66 04/19/76 10/.04/66 10/04/66 10/04/66 10/04/66 07/03/73 09/06/72 09/07/65 & 02/03/76 A. POLICE 1. ORGANIZATION: The. Police Department of the Town of ' Chocowinity shall consist of a Chief and as many policemen as the Board of Commissioners shall from time to time determine and elect and as many special policemen as the Mayor and Board may deem necessary to appoint for special purposes. 2. BOARD TO HAVE CONTROL: The Board of Commissioners shall have general supervision over the Police Department. Ithe Board may suspend, for cause, any member of the Police Department until the next regular meeting at which time final disposition shall be made. 3. DUTIES OF POLICE: The Police Department shall carry out all orders of the Board, enforce all laws and ordinances of the Town and the State of North Carolina and shall at all ' times preserve the peace, protect the property and the safety of the citizens of Chocowinity. ' �niun �f C�i!#nrrn�uini#� A T BAHNES rAAeC)F( Q14arntuiuqt. Nartil Turaftim COMMISSIONERS ELiZ,-6ETFI T. HILL CLERK O.A.TAYLOR C. N. FULLER J. L. MOORE H. M. HARWELL T'�S OF J.�- T17G I M, D S .2PTi2.113`-,R 1- 1959 ' Ci' _.Ild -Boar,, of Corxrnssior,s-)rs held their rt2,jal-,.r �,;.Jt viare Yia,-ror 71. T. Barnes; Co I Pl. md ssion.�.-,rs o J. L. I'u, or e C. N. Biller; Clork Elizabeth T. TH-1-1.1 rnd ru;-Sts, 1%. J. , i-,,:; fzi;; cmd J. S. -'r(Ii-n _-,ce -dva�; adopted 'its s J� :_m , idth Carolina Poi.,x Lirht Co. ch wl at tl!.- ro,rul:;-r ln-::cti * L Uc of liu.ffu,-,t 4,, 1959 for the wont of a ' 1.I:'_. 1 C L Li,­ht Co c,.Laie lip f cr further and final CQ." 1-,i-; 1 that said ordinance, be passed on its second and Ti r.:7 r,,L:;'I r, by Commuspioner 0. Al Ta7,lor. The Clerl-, tL, in the 1: on the �;bl _t ri-Iscix--A and. consi i(..-,re(.1 section ;seetion Ti,a v ',-.,hnreuron it v-!as foun-d that -rs fi. 7 IT ­11 voted il-- favor of its second ;:vd f *--n..! int 11— ocoi,-1 _-,_nd final passa-e and thereupon th,,:� Ilalyol (1.!cl 1. n c - 1; pz.,.ssod upon its second al-ld fina- -, a -ic -)r0cej1,rUlj(r of -id Ordinal e and the 1 S 1 V! r A. L Of 1Ith t1ay of -1iur,u;3t 1959, be Itt IT. 7.'. .; ?-, ck�d by J. L. Y:oore City tile 10!. '11 Y P1."O , * .r vehIcle opt. perioOs of 1-1pr_- `6,t! (3 fo x - a per o c or '0!; 1.," any eyjt3 d exe—"L C,;-,or (.,r !)urf)oses b.- manufr.-cWrevs or (Joal-rs . ,cl. lv)�, the St-_,L­J of 17orlt-lh Carol4rn,, "�1I11_all 1r of iiotor vehicle-S. The -period of ref,ist-rntioln be -71 vvninl--, -v-dth Janan!.­ I of the ye=r o 11 -L-r, 1 to D3caimi-,er '11. The f�::o for re-istrnt,.-Lon Sill-ll be moLcv vehicle register cred the rovistv,-ir 'I xinL th( s­-_--r.,i,' an m)propi-ir to comber relate or sticl,�r. TT,)C,11 1'� -i avidonce that ?1r such re-1stunt ioxi number Mato Ili,. ix!('Jj inst. C11 shall i-:sue to the oi,?n,,,rP or opfrator of :­Llch 2­j I rP thei'eof for 5W driven on thr.: strocts of tile To-wh or -V i I -, frclit of -0 a � ell 1-he r �7� it re,,uired., 13. dis� -0 e or sticki-x issued therefor by th,-., To7i!n. lwr.r 2,1 U." Cr 3*--rdl 10(1 (Iil,13P 1-2-,-red throu.-hout th(- mir.rtmL ­:,r :rcq, a il anner o ',-.a visi ',-,lc! ,it all tir.-les. 1'}_111( r sec6nded by 0. A,C-v-f 7 JTo. 0.. U." Y. bun�:.n,,sr, Lho .....a1I1" '..j,.:J_'i• _ C`Qit1x� (1 �1T�(Ytt}j COMMISSIONERS: ' W. T. BARNES, Mayor _iiYY�J, O. A. TAYLOF2 Phone 946-65G8 - P. O. Box 145 OTTIS. DENBY 3UANTTA BAYTALA, Clerk H. E. COLE � DtD�litxCt# i, C"vr CHARLES WILLIAMSON ' At the regular meeting of tree Re ayor and Board of Commissioners k.f Tne Towm Of Choeowinity, August 4, 1970. The followii,g' Ordinance was passed, rage 67in the kiinutes book,Yage 14 in the Ordinance ' bootc. The third reading being On October 6, 1970. Upon I4otion made by Charles Williamson, Seconded by U. S. Denby. It silail be unlawful for the railroad crossing; on katrick Lace i7{! (::torte :,o.:d #11141) and i-ioore Lane ( State Road if1144) to be blocked for more than ten minutes at any time. This Ordinance shell become el ective icumediately. The foregAing Urdinance was passed by a vote. of 4 _ favorablely ar:d 0 _Opposed. W. T. Barnes, i%ayor AITEST: ice% 7� , Cleik May 3, 1983 A ordinance was adopted and unanimously carried, by the Town of Chocowinity Pro -Mayor M.L. Dunbar, Commissioners Charles Williamson, Daden Wolfe, and H.E. Cole: as follows: "There will be NO PARKING on Main Street." Book #2, page 89 i VJ T BARITES MAYOR ' ELIZABETH T HILL, CLERK 1 01own of Tilarowini#U. W4tirnutinitg, North Turnlina PARKING OIRDI ANCE COMMISSIONER=: O. A. TAYLOR C. N. FULLER J.L.MOORE H. M. HARWELL . IT SHALL BE UNL 1VUL IN THE TUNN LMITS OF CIIOWlINITY TO PARK OId AN- STREET "IMMOT IN ACCORDAME wIITH SIGNS DULY ERECTED 011 SAID ' STR SETS, AT1D ALL PARKING SHALL B� IN ACCORDANCE WITH LINES PAII IFED TO I ;DICATE THE I.IAPINER OF PARI�IP'G, 11N 1 DULY 7RECTi�'.D SIGNS LDffT TTI 1 TI"lp FOR PARKING P=0 PRISONS SHALL PARK LONGER THAN TT,E TIZI'l, II'DICATED Ci; SnID SIGNS. VIOLATION OF TITIS ORDINANCE SHALL I3i1 PUNISFABLE AS , TiJIS :):d'•iIT'hTdC;s STI''.LL IT .APPLY TO STREETS V11"L;iI; T'0 SIGITS CITIES ;IAVL B.:,.I PLACED. 1 i i 1 1 1 1_ J:;AIII� isT`' �. Rai; TO.11 CT,ERK ' W. T. BARNES, Mayor JUANITA BAYTALA, Clerk Zaftlu of Pnrmpurateb in 1959 Phone 946-6568 - P. O, Box 145 (�1l�utn£uini#g, �''�-"ur#f� (lIt�rulinr� 27�17 COMMISSIONERS: PRO MAYOR, BILLY CHANDLER O.. A. TAYLOR H. E. COLD W. JOE MILLS m e tiri� of the i�.ayor and Board of Cc) j, si_orJer.s C !;;co,!inity on f%ovember 2, 1 971 , The _ • i :< passed, l jaking it Unlawful to park cri ;, t yoi_ri urdiance was passed by a vote of. 4 favor.,-:bl.e U opposed. W. T. Barnes, I-4ayor A�ItCLERK m ' W. T. BARNES, Mayor JUANITA BAYTALA, Clerk C` of un of (9.40roMMIRV c3nrarporatea in 1959 Phone 946-6568 -- P. O. Box 145 (lIflarufvinRg, �Z t (garalina 27,917 COMMISSIONERS: PRO MAYOR, MILFORD DUNBAR O. A. TAYLOR W.JOE MILLS BILLY B. FOSTER Ar. James Boyd ' Traffic Services Supervisor P. U. Box 1587 Greenville, N. C. 27834 ' Extracts From minutes of Board of Commissioners of the Town of Chocowinity ' Forth Carolina A regular meeting of the Board of Commissioners of the Town of Chocowinity was held at the Town Ball at 7: 30 O'clock on May 6, 1975. The following members were present Mayor, W.T. Barnes, Uomlmissioners U.A. Taylor, H.B. Dunbar, H.E. Cole, B.E. Poster, no member absent. The following ordinance was introduced by Commissioner H.-E. Cole wuo moved it's adoption, Motion was seconded by U.A. Taylr.;r, and upon being put to a vote was unanimously adopted. NO PARKING along both sides of U.S. 17 from the Southern corporate limits of Chocowinity at Maple Branch Northward to U.S. 264 - N.C. 33 ' 110 PARKING along both sides of U.S.17 h.C.33 from the intersection of U.S.17 with U.,",.264 - F.C.33, Northward the Northern corporate limits of Chocowinity at PargYw .Dane (WU 1142) i This May 20, 1975. Mayor, W.T. Barneu Clerk, Juanita Baytala. I, Juanita Baytala, Clerk of the Town of Chocowinity, do hereby certify that the Commissioners of the Town, duly enacted on the 1 day of March, 1983, an ordinance based upon an engineering and traffic investigation pursuant to authority granted by GS 20-141 declaring the following speed limit modification as set forth below on the following described portion of a State Highway System Street. Speed Limit was 45 on Bragaw Lane (SR 1142) from NC 33 to US 17-264-NC 33. Reverts to Statutory 35 MPH Minute Book #2, page 83. Juanita Baytala Town Clerk 1 ' JAMES I_. HOLSHOUSER, JR. GOVERNOR J. F. ALEXANDER SECRETARY 1 1 1 1 1 1 1 1 1 1 1 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Greenville, North Carolina 27834 March 29, 1976 Mr. W. W. Cratch, Mayor Town of Chocowinity P. 0. Box 145 Chocowinity, North Carolina 27817 Dear Mayor Cratch: DIVISION OF HIGHWAYS Enclosed are copies of municipal ordinances for the Town of Chocowinity. Please have your Town attorney prepare the necessary ordinance for enactment by the Town Board. After the Board has passed -the ordinance, please have the attached forms completed, affix the Town Seal, and return the original to Mr. G. F. England, Division Traffic Engineer, Division of Highways, P. 0. Box 1587, Greenville, N. C. 27834. When this is received, a concurring ordinance will be passed by the Board of Transportation. If you need further assistance or information, please contact Mr. G. F. England at the above address or you may reach him by phone at (919) 752-6157. GFE:hb Encl. c/Mr. C. W. Snell, Jr. c/Mr. G. A. Eason c/Mr. J. C. Boyd Yours very truly, H. C. Rhudy MANAGER OF TRAFFIC ENGINEERING IeANI ` G. F. EN DIVISION TRAFFIC ENGINEER CERTIFICATE OF MUNICIPAL ORDINANCE DECLARING MODIFICATIONS TO SAFE AND REASONABLE SPEEDS ' AND REQUEST FOR CONCURRING ORDINANCE BY,BOARD OF TRANSPORTATION. TO THE NORTH CAROLINA BOARD OF TRANSPORTATION: I, Jngn i is Clerk of the Tom of City Town Chocowinity , do hereby certify that the Commissioners Governing Body ' of the Q_ duly enacted on the 19 day of April City Town ' 19_7� an ordinance based upon an engineering and traffic investigation pursuant. to authority granted by G. S. 20-141 (gl) and (g2) declaring the following modifications ' to safe and reasonable speed limits as set forth below on the following described portion of a State Highway System Street: ' Rescind the Following Speed Limits ' Speed Limit 45 ' Speed Limit 45_ Ordinance Number. Ordinance Number Description Declare the Following Speed Limits Description NC 33'frcm a point 0.06 mile east of SR 1143, eastward to Bells Avenue. said ordinance to become effective upon adoption by the Board of Transportation of a Revised 7-16-73 MUNICIPAL ORDINANCE Form TE 70-10 (pp l of 2) L' I ' CERTIFICATE OF MUNICIPAL ORDINANCE DECLARING MODIFICATIONS TO SAFE AND REASONABLE SPEEDS AND REQUEST FOR CONCURRING ORDINANCE BY BOARD OF TRANSPORTATION. TO THE NORTH CAROLINA BOARD OF TRANSPORTATION: ' I, Juanita Baytala , Clerk of the Town of City Town ' Chocowinity , do hereby certify that the COmmisvioners Governing.Body ' of the Chocowinity duly enacted on the 19 day of April , Ci+y Town ' 19_]6 an ordinance based upon an engineering and traffic investigation pursuant -to authority granted by G. S. 20-141 (gl) and (g2)'declaring the following modifications ' to safe and reasonable speed limits as set f6rth below on the following described portion of a State Highway System Street: 1 Rescind the Following Speed Limits 1 Speed Limit . 5 Speed Limit 45 Ordinance Number- _ 4 Ordinance Number 6 Description US 17-264 from Patrick Lane (SR 1143) to Bragaw Lane the northern corporate limit). Bragaw Lane (SR 1142) tram NC 33 to US 17-264, NC 33. (Reverts to statutory 5) Declare the Following Speed Limits Description Bragaw Lane (SR 1142) frcm NC 33. northward to US 17. said ordinance to become effective upon adoption by the Board of Transportation of a Revised 7-16-73 MUNICIPAL ORDINANCE Form TE 70-10 (pp 1 of 2) I J 1�, It appearing to the Council of the Town of Chocowinity from an engineering and traffic investigation -ayad the Council finding; as a fact a reasonable speed limit of 45 miles per hour is suitable:.on the following described portion of the State Highway System Street. It is therefore upon motion properly made and duly seconded, ordained: That a -speed limit of 45 miles per hour shall apply to the following street: 1. US'17-264 from North End Avenue (SR 1147) to Aragaw Lane (the northern corporate limit). 2. US :264 from SR 1175 to Moore Avenue SR 1144. This ordinance is adopted pursuant to GS 20-141 and (g2). The above ordinance was unanimously adopted by the 'Town Council of the Town of Chocowinity and shall become effective upon adoption by the State Highway Commission of a concurring 1ordinance and the erection of signs giving notice of the author- ized speed limit. r 1 1 i 1 It appearing to the Council pp g h ou it of the Town of Chocowinity ' frcm an engineering and traffic investigation and the Council finding as a fact a reasonable speed limit of 35 miles per hour 1 is suitable on the following described portion of the State Highway System Street. 1 It is therefore upon motion properly made and duly 1 seconded, ordained: That a speed lirhit of .35 miles per hour shall apply to the following street:' 1 1. US 17-264 from US 2649 NC 33 to North End Avenue (SR 1147) ' 2. US 17 from US 264, NC 33 to Maple Branch (the southern corporate limit). 3. US 264 from US 17-264 to SR 1175. 4. NC 33 from.US 17-264 to a point 0.20 mile ' east of US 17-264. This ordinance is adopted pursuant to GS 20-141 (gi) and (g2). The above ordinance was unanimously adopted by the 1 Town Council of the Town of Chocowinity and shall become effective 1 upon: adoption by the State Highway Commission of a concurring ordinance and the erection of signs giving notice of the authcr- 1 ized speed limit. c. It appearing to the Council of the Town of Chocowinity from an engineering and traffic investigation and the.Council finding as a fact a reasonable speed limit of 25 miles per hour is suitable on the following described portion of the State ;iighway System Street. It is therefore upon motion properly made and duly seconded, ordained: That a speed limit of 25 miles per hour shall apply to the following street: Walhurst Avenue (SR 1148) from NC 33 to US 17. This ordinance is adopted pursuant to CS 20-141 (1) anc The above ordinance was unanimously adopted by the Town Council of the Town of Chocowinity and shall become effective upon adoption by the State Highway Commission of a concurrinp- ordinance and the erection of signs giving notice of the author- ized speed limit. i II� At t :e membi r i Chani To h .V} durii 7 the i 1 This wl W.T. ' Mayo I Juan Li C iTown Upon motion made and duly adopted the following rdinance was adopted by the Town of Chocowinity: Be it ordained that Ordinance No. 2 providing for a speed limit of 45 miles per hour on U. S. 264 from State Road No. 1175 to Moore Avenue (State Road No. 1144) is as of this date rescinded. Be it ordained that Ordinance No. 5 providing for a speed limit of 45 miles per hour on N. C. 33 from a point 0.06 mile east of State Road No. 1143 eastward to Bell's Avenue is passed by the Board, and speed in excess of 45 miles per hour on N. C. 33 as above set out shall be a violation of the law. Be it ordained that Ordinance No. 3 providing for a speed limit of 45 miles per hour on U. S. 17-264 fran Patrick Lane (SR 1143) to Bragaw Lane (the Northern corporate limit) is hereby rescinded and that Ordinance No. 4 providing for a speed limit of 45 miles per hour from Bragaw Lane (SR 1142) fran NC 33 to U. S. 17-264, N. C. 33 is hereby rescinded and that the speed limit shall revert to 35 miles per hour. Be it ordained that Ordinance No. 6 is hereby adopted providing for a speed limit of 45 miles per hour on Bragaw Lane (SR 1142) from N. C. 33 northward to U. S. 17 and that speed in excess of 45 miles per hour on the road above set forth shall be a violation of the law. The above ordinances shall take effect when a con - ordinance shall be passed by the State of North Carolina B card of -tation and when proper signs have been erected. This April 1976. .. (` ufv�� �i f 1 a'alfutltixtr ID 1 W. T. BARNL:S, Mayor Phone 946-6568 - P. O. Box•145 COMAIISSIONLRS: O. A. TAYLOR ANNA J. DU:N, Clerk r U.lii]�D�lltlli��� �Q�il V.il1II.�I�ICI OTTIS DLNBY JAMP:S MOBLEY 1 H. L. COLL 1 1 1 , Cam. �2�2'Y 1 �63, 6 ©fit 1 1 L' 1 III. MUNICIPAL SERVICES A. Water System 1. Trailer Lots Charged 2. Singer Furniture Water Lines B. Garbage Ordinance 11/08/73 11/08/73 09/06/77 07/Q3/73 An ordinance was made by Mr. H.E. Cole, seconded by Mr. W. Joe Mills, "Trailer lots will be charged a minimum of $5.50 per trailer or the meter reading which ever is the larger. Also each individual user." This was voted 3 for; 0 against, with Mr. Chandler absent. This the 8 day of November, 1973. W.T. Barnes Mayor Juanita Baytala Town Clerk Commissioners O.A. Taylor H.E. Cole W.J. Mills B.J. Chandler M. L. DUNBAR, Mayor JUANITA BAYTALA, Clerk CORDON EDWARDS, Police Chief iAin of . Tharlifnni#v c3lnrorporateb in 1959 Phone 946.6568 • P. O. Bo: 145 (94=foinitg, Worth Carolina 27817 COMMISSIONERS: Pro Mayor, CHARLES WILLIAMSON H. E. COLE JAMES MOBLEY, Jr. DADEN WOLFE, Jr. TO: ALL WATER OUST EMS OF CHOCOW LAITY Subject: Amendmnt to Regulations on Water Usage in Chocowinity An Amendment was passed on 3-5-85 by the Town ConBnissioners to raise the fee from $10.00 to $20,00 for Water Deposit to have Water turned on. Charles Williamson Water Commissioner 6,11 af (f110r.Qfutllttu COMMISSIONERS: R . T. BARNES, MayorV'PRO•MAYOR, MILrORD DUNBAR JUANITA BAYTALA, Cleric �lnrnrparatea in 1959 O. A. TAYLOR Phone 946-6568 -- P. O. Box 145 If. E. COLE 414ocafainitg, Nvrt4 (Carolina 27817 BILLY B. POSTER To: All Water Customers of Chocowinity Subject: Amendment to Regulations on Water Usage in Chocowinity An Amendment was passed on 8-15-74 by the Town Commissioners to raise the Fee from $2.00 to $10.00 for having to turn water on after service has been discontinued for any reason. The additional cost of Labor and Transportation has made this necessary. The customer is also reminded that there is a Misdemeanor Fine of $25.00 for tampering with a meter. Only the few delinquent customers we have need to be concerned about this notice. We thank the majority of our customers for their promptness. B. B. Foster Water Commissioner ' W. T. BARNES, Mayor � j'� COMMISSIONERS* O. A. TAYLOI�, Anna Dunn Clerk Phone'J46.656a - P. O. Box 145 OTTIS DENBY (ff4aro ini#g, . (9. 27817 H. E. COLE CHARLES WILLIAMSON RULES AND REGULATIONS PERTAINING TO WATER SYSTEM ADOPTED BY THE TOWN OF CHOCOWINITY ' 'Any person desiring water from the Town of Chocowinity Water System must register and place on deposit $10.00 before water will be turned on. Any person outside town limits where water service will be available will be ' required to register requesting water service, pay tap on fee, and pay inside rate plus $2.00 per month, and be responsible for material, and cost of in- stallation. All inside connections made during initial installation of water system will not be charged a tap on fee. Any connection made after initial installation of water system will be ' c�arged a $150.00 tap on fee. Customers will be required to furnish and install all necessary piping and materials from meter to house. All deposits will be retained by the Town of Chocowinity until customer moves or the deposit is required to pay a delinquent bill. ' Deposits will not be considered by the town as a customers investment and at no time will any interest be paid on deposit. The town sets meter on edge of patron's property line, from this point -me ler ' & meter box- the patron is responsible for installing size line approved by the town and for maintaining this line. Service will be discontinued on the 15th of the month if bills are not paid. ' Customer will be charged a 1.14..2.00 fee to turn water on after a service has been discontinued for any reason. An ordinance has been passed that the water patron will be charged for any and all repairs on any meter which has been tampered with, in addition to the misdemeanor fine of $25.00 for tampering. The following rates will be charged: The First 3,000 gallons at $5.50 Second 2,000 gallons at $1.25 per 1,000 gallons Next 5,000 gallons at $1.00 per 1,000 gallons All over 10,000 gallons at 500 per 1,000 gallons I request water service from the Town of Chocowinity Water System under the above stated conditions. Date __ Signed ' ( ) Owner ( ) Tenant W. W. CRATCH, Mayor ' J UANITA BAYTALA, Clerk Zoe .of C��ott#fir c)ttroryorateb in 1959 Phone 946.6568 - P. O. Box 145 QlhorvHnitg, �Kortli (ilarolina 27817 COMMISSIONERS: PRO MAYOR, DADEN WOLFE, JR. JAMES MOBLEY, JR. H. E. COLE MILFORD DUNBAR ' �i-ie re - ular meeting of the Board of Commi6sionors of the :io--,rai of Chocowinity, ir. 0. , was held at 1:30 O'clock, ' un Sei)tember 6, 1977 at L:ic Town Hall of Chocowinity, E. C. following persons were present at said mooting. li ayor, Cratch, and Commiseionera H.E. Cols, th.: . Dlanbar, a�:.d ' Jimmie riobley , with Daden 1•rolfe absent. ii.L. Dunbar, presented the following 14otion and moved that it be adopted: r':�Iie Tov:n of Caoeowinity will install a water ling; going; J;ti "inger Purni tore Co. , with the Town paying all expense of -ine and provide one Fire Hydrant. ' oinger: will be re uired to a 4150,00 tag. �t� fee ,,nd the wafer rates will be $13.00 far first 10,000 g llon:� used, ' i+ll over 10,000 will be 60 vents per 1,000 gallons. Rates maybe amended on year to year bases, with pr.ioes refecting no more than actual rate of inflation. . otion, seconded by H.E. Colo. and unanimously c►Arried. Ju lnita Bayt.,AL ' Town Clerk ' .:. W. Oratch Mayor L 0 To: All Residents Within The City Limits of Chocowinity, N.C. Subject: Rules & Regulations For Solid Waste (Garbage) Disposal. A City Ordinance dated July 3, 1973 limits each household or business establishment to the following: Each household is limited to two (2) thirty gallon cans each week. Each business establishment is limited to six (6) thirty gallon cans each week. These cans are to be set out where the garbage collector can get to them without having to carry them so far to put them on the truck. They should be within twenty (20) feet of the road or street. No fifty-five gallon (55) drums will be permitted whatsoever. The following is quoted from the State Board of Iiealth Regulations concerning the type of can to be used for solid waste or garbage: QUOTE: Section IV: Solid Waste Storage: A. The owner or occupant of any premise, business establishment, or industry shall -be responsible for the sanitary storage of all solid waste accumulated at that premise, business establishment, or industry. B. Garbage shall be stored in: 1. Durable, rust resistant, non -absorbent, water tight, rodent proof, and easily cleanable containers with a close fitting, fly -tight cover and with adequate handles or bails to facilitate handling. 2. Plastic bags are permissible to use as long as they are closed tightly. IT IS REQUESTED THAT EACH PERSON ADHERE TO THESE REGULATIONS YOUR SANITATION COMMISSIONER H.E.Cole IV. NUISANCE A. Noise 1. Loud and Offensive 2. Vehicle Noise and Dust B. Keeping Lots Clean 06/16/78 & 05/03/89 06/01/60 11/08/73 Gordon Edwardi Chief of Police �y•` •J19oban of vCbacabu[nit p ' Chocowinity Town Hail ❑ Chocowinity, North Carolina 27817 CJ Telephone: 919/946-6568 THE NEXT ITEM OF BUSINESS WAS A NOISE PROBLEM AT THE LEMON TREE IN N, WHICH IS CAUSING A NUMBER OF COMPLAINTS FROM MRS. RITA TETTERTON. MAYOR WILLIAMSON EXPLAINED THAT MRS rETTERTON HAS FILED A NUMBER OF COMPLAINTS ABOUT LOUD NOISE FROM THE MUSIC INSIDE THE "OUR PLACE" BAR WHICH IS LOCATED IN THE UPSTAIRS PORTION OF THE LEMON TREE INN. HE EXPLAINED THAT IN HIS OPINION THE TOWN OF CHOCOWINITY NEEDED TO ADOPT A "NOISE ' RESOLUTION" , SO THAT WHEN ANY LAW ENFORCEMENT OFFICER FINDS THE NEED TO ARREST SOMEONE FOR VIOLATING THE PEACE BY LOUD NOISE, WE CAN DO SO, AND HAVE SOME FIRM PENALTIES SET FOR VIOLATION OF SAID LAW. MAYOR WILLIAMSON HAD OBTAINED A COPY OF ' THE ORDINANCE THAT HAS BEEN SET FORTH BY THE COUNTY COMMISSIONERS IN THE YEAR OF 1981, THAT DEALS WITH LOUD NOISES IN THE COUNTY. MAYOR WILLIAMSON READ THE ORDINANCE, AND IT WAS GENERALLY DISCUSSED BY THE MEMBERS OF THE BOARD PRESENT. AT THIS POINT MR. H.E. COLE, TOWN BOARD MEMBERS MADE A MOTION THAT THE TOWN ADOPT THE SAME RESOLUTION AS THE COUNTY FOR OUR NOISE ORDINANCE. THE MOTION WAS SECONDED BY COMMISSIONER M.L. DUNBAR. THE MOTION PASSED WITH A 100% VOTE BY THE MEMBERS OF THE BOARD. THIS BEING THE LAST ITEM OF BUSINESS ON THE AGENDA, MAYOR WILIAMSON ADJOURNED THE MEETING. 1ESPECTFULLY SUBMITTED THIS 3RD DAY OF MAY, 1989 BY GORDON EDWARDS, FOR MRS.- JUANITA BAYTALA, SECRETARY -TREASURER, TOWN OF CHOCOWINITY. 1 MAta L MATO A11C.f(11 Al ku •AMn110.. X. L BOOK 1FicE12'7 July 7, 1981 On motion by Frank Bonner, seconded by Arthur Lee Moore, :he following resolution was unanimously adopted: Adopting noise ordinance as follows: BE IT RESOLVED BY THE C0MHISSIONERS OF THE COUNTY OF BEAUFORT PURSUANT TO THE PROVISIONS OF NCGS 153A - 43 OF THE CENERAL STATUTES OF NORTH CARphINA BE ADOPTED: LOUD. DISTURBING AND UNNECESSARY NOISE: (a) Subject to the provisions of this section, the ereatio of any unreasonably loud, disturbing and unnecessary noise in the county is prohibited. Noise oi;such. characters Intensity and duration as to be detriment co,the health. safety-.or:valfare of any. individual is prohibited. (b) The following acts. among others, are declared to be loud, disturbing and unnecessary.noises in violation of this section. but such enumeration shall not be deemed to be exclusive: (1), The use of any kpuds boiaterous!or'raucous language�or shout;ng sous to annoy or disturb the quiet, comfort or repose of any person in the vicinity. (2) The soun4Iug:A4 Spy hor.�or signal device on any, .,.. tuseaoiils. motorcycle. bus or other vehicle .wh$Ie,not::,in�moti+n, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal: the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable eariod of time. .f1Th piayin= oftaa:ij�.,<tadio- phonograph'. public speaking. aysie*, 4t,,lny Pt:sisals�gsRsament,ot con ibnatioa°:;thereof t:ith or.vithouts eldttfroaieal aecovssf ;auc11 s+nnar o twiEh.'4pch,.volume.ss to annoy. or dis- turb the quint, comfort or repose of dYfny;FpiisoA'"in`any" dw(lll�,nt orother type ot!' tk'iid.anet: 4 (4) The keeping of any animal which, by causing frequent or long continued noise, shall disturb the comfort and repose of any person in the vicinity. (S) The use of any automobile, motor propelled boat. motorcycle or other vehicle or motor propelled craft so out of repair, so it loaded or in such manner as to create loud or unnecessary grating, grinding. �rattling or other noise which shall disturb the comfort and repose of any per- i too 1PSGE 128 1 son in the vicinity. V ., - •�• 7••- (c) Any person violating any of the provisions of this ' ordinance shall be deemed Rullty of a misdemeanor and.upon conviction thereof shall be fined in-an:asmunt not exceeding $100.00kos?be 4mprieone4 in the Count i jail for a period not exceeding 4 4*7 ,O by'botb such dine and impsUenment; Esc1t dsr'such violitio% is committed or permitted to continue shall constitute MATO t MATa .. ' MISS [IS ■. ltl !t L L .• ' W11MIllTlm. AN ORDINANCE: The Town of Chocowinity had a call.meeting on Jure 161 1978 with all commissioners present. An ordinance was made by Mr. H.E. Cole, seconded by h1r. Dunbar, ' "It shall be unlawful for any person, firm, or cor -or�-ition to create or assist in creating, permit, continue or perrait the continuance of any unreasonably loud disturbing and unnecessary noise in the city. Noise of such character, intensity, and ' duration as to be detrimental to the life or health of any individual is prohibited." The following acts among._others are declared to be loud, disturbing, and unnecessary noises in violation of this section: (a) The sounding of any horn, except as a dan,;er signal, ' when in motion. No loud or harsh sound for an unnecessary and unreasonable period of time. (b) The use of any gong or siren upon any vehicle, other than police, fire, or other emergency vehicle. (c) The use or operation of any piano,manual or automatic,, phonograph, radio, loud speaker or any other instrument or sound amplifying device so.loudly as to disturb persons in the vicinity. Upon notion by H. M. Harwell , seconded by J • ITnnre , the follovain�, Ordinance wa.o adopted: It shall be unlawful for any person within the Town of Chocot•:ini -';y to create noise or dust by spinning the wheels or causing the,spinnizx; of the wheels of a motor vehicle upon the ground or upon the ourface of any pavement. Violation of this ordinance shall constitute a misdemeanor and any person guilty of a violation hereof shall be fined not exceedin; Fifty ($50.00) L�olla,^ or imprisoned not exceeding thirty (30) days. This ordinance shall become effective June 1, 1960. The foregoing ordinance was passed by a vote of votilip .Lavorably and none opposed. ),"kt 7� �'� W. T. BARNES, Mayor JUANITA BAY -ALA, Clerk 11fun of C�4vxlftlinag . Pncarparateb in 1959 Phone 946-6568 -- P. O. Box 145 (ITharafuittitg, Wart4 (ITaralinn 27817 Jaz;uary 16, 1974 COMMISSIONERS: PRO MAYOR, BILLY CHANDLER O. A. TAYLOR H. E. COLE W. JOE MILLS hn ordinance was made by kr. u. A. eylor 2nd by kr. 4- . Joe -ills, " `or property oweners of the 'gown of Chlucowinity to cut ;,�_r.d Clean Vt.eir lots ani keep that way. If this isn't : cne by owener t.ae town will do ao and the cost will be add— ed to : otir property tax." ..r.is was unur:i;,..auoly carried, ynie vie is _ day of 1covember, 1.- '73 Juanita iIayta.la ,. -lerk ;i. Cole ;4. Joe ;:ills Lilly t-+�tardler I A. B. C. D. E. V. LAND USE CONTROLS Residences Used as Businesses 08/02/72 NC Residential Building Code Adopted 11/02/76 Subdivision Regulations 09/06/88 Zoning Ordinance 06/01/82 & _/89 Extraterritorial Jurisdiction 08/03/82 ORDINANCE At the regular meeting of the Mayor and Commissioners of the Town of Chocowinity on June 6, 1972, an ordinance was made by Mr. Cole, seconded by Mr. Taylor. "No Residence within the Town Limits of Chocowinity will be used as a business establishment without the approval of the Town Board first." This was voted 4 for and 0 against. The second reading was July 4, 1972; the third reading was August 1, 1972 making it a law. It was voted 4 for and 0 against. This day August 2, 1972. W.T. Barnes Mayor Juanita Baytala Town Clerk Commissioners O.A. Taylor H.E. Cole W.J. Mills B.J. Chandler RESOLUTION: At the regular Board Meeting of the Mayor and Board of Commissioners, of the Town of Chocowinity, held in the Town Hall, November 2, 1976, in Minutes' Book I, page 1-184. The following resolution was passed unanimously: Upon Motion by M.L. Dunbar, seconded by H.E.'Cole: "The Town of Chocowinity adopts the North Carolina State Residential Building Code, in accordance with Section GS 143-138B and all amendments." W.W. Cratch Mayor Juanita Baytala Town Clerk Housing Appeal Board: 1 year Joe Safrit 2 years Earl Hickman and William Swindell 3 years David Weatherly and Billy Foster Commissioners. H.E. Cole M.L. Dunbar James Mobley Daden Wolfe, Jr. T 0 W N O F C H O C O W I N I T Y Subdivision Ordinance Adopted by the Chocowinity Town Council September 6, 198B Page SECTION I. INTRODUCTION 11. Purpose ..................................... 1 12. Authority ................................... 1 13. Jurisdiction ................................ 1 SECTION II. GENERAL 21. Definitions ................................. 2 22. Subdivision ...... .......................... 3 23. Acceptance of Public Services ................ 3 24. Compliance with Zoning Ordinance............ 3 25. Consistency with Official Plans ............. 3 SECTION III. PROCEDURES FOR THE SUBMISSION AND APPROVAL OF PLANS 31. Sketch Plan.. 4 32. Preliminary Plan ............................ 4 321. Submittals ............................. 4 322. Plan Contents .......................... 5 323. Approval ............................... 5 3231. Planning Board Recommendation.... 5 3232. Town Council Action .............. 6 3233. Improvements ..................... 6 33. Final Plan .................................. 6 331. Submittals ............................. 7 332. Plan Contents ............. 7 333. Performance Guarantee .................. 9 334. Release of Guarantee ................... 9 335. Maintenance and Defects Guarantee...... 10 336. Approval ............................... 10 3361. Planning Board Recommendation.:... 10 3362. Town Council Action .............. 10 337. Recording of Final Plan ................ 11 SECTION IV. DESIGN AND CONSTRUCTION STANDARDS 41. General ..................................... 12 411. Design Guides .......................... 12 4111. Mitigation ....................... 12 4112. Enhancement ...................... 12 412. Access Adequacy ........................ 13 42. Streets ..................................... 13 421. Design and Layout ...................... 13 4211. Coordination with Existing Streets .................. :....... 13 4212. Access to Unsubdivided Property.. 13 4213. Street Intersections ............. 13 4214. Dead -End Streets .............. 13 4215. Half Streets ..................... 13 4216. Block Standards .................. 14 4217. Lot Standards .................... 14 4218. Driveways ........................ 14 4219. Street Names and House Numbers... 14 422. Classification ......................... 14 423. Street Width and Drainage Requirements. 15 424. Private Streets ........................ 15 4241. Design Requirements .............. 16 425. Construction ........................... 17 4251. Clearing and Grubbing............ 17 4252. Grading .......................... 17 4253. Street Base ...................... 17 4254. Street Surface ................... 17 4255. Curb and Gutter .................. 17 4256. Culvert Pipe ..................... 17 43. Storm Water Management ....................... 17 43.1 Design Standards ...................... 18 44. Utilities ................................... 18 441. Water Supply ........................... 18 4411. Public Supply Standards.......... 18 4412. Private Supply Standards......... 18 4413. Design and Construction.......... 18 442. Sewage Disposal ........................ 19 4421. Public Disposal Standards........ 19 4422. Private Disposal Standards....... 19 4423. Design and Construction.......... 19 443. Other Utilities ........................ 20 4431. Wiring ........................... 20 4432. Street Lighting .................. 20 45. Other Improvements ....................... 20 451. Survey ................................. 20 452. Sidewalks.... ........................ 20 453. Wheel Chair Ramps ...................... 20 454. Street Signs ........................... 21 455. Shade Trees ............................ 21 46. Other Requirements .......................... 21 461. Open Spaces ............................ 21 462. Easements .............................. 21 4621. Utilities ........................ 21 4622. Drainage ......................... 21 463. Clean-up ............................... 21 SECTION V. LEGAL PROVISIONS 51. Enforcement ................................. 22 511. Register of Deeds ...................... 22 512. Building Inspector ..................... 22 513. Recordation of Deed .................... 22 52. Penalities.................................. 22 53. Variance .................................... 23 54. Amendments .................................. 23 55. Separability ................................ 23 56. Abrogation .................................. 23 SECTION I. INTRODUCTION 11. Purpose The purpose of this ordinance is to establish procedures and standards for the development and subdivision of land within the territorial jurisdiction of the Town of Chocowinity.. It is designed to provide for coordination of streets, community facilities, and utilities within proposed subdivisions and to assure the provision of streets, utilities, and recreation facilities needed to service proposed subdivisions and minimize future expenditures by the Town for provision of these services. It is further designed to distribute population and traffic in a manner that will avoid congestion and overcrowding and will create conditions essential to public health, safety, and general welfare, and to provide for proper legal description monumenta- tion and recording of land that will insure easy identification and permanent location of real estate boundaries. In addition, this ordinance is designed to encourage the wise, productive, and beneficial use of the natural resources of the Town, to maintain a healthy and pleasant environment, and to preserve the natural beauty of the Town and its territorial jurisdiction. ' 12. Authority This ordinance is adopted under the authority and provisions of the General Statutes of North Carolina, Chapter 160A, "irticle 19, Part 2. 13. Jurisdiction The regulations of this ordinance shall apply throughout the Town of Chocowinity and its extraterritorial planning jurisdiction as now and hereafter established. L I 11 I SECTION II. GENERAL 21. Definitions "Area of Environmental Concern" shall mean any area -desig- nated as an Area of Environmental Concern (AEC) by the Coastal Resources Commission under G. S. 113A-113, including coastal wetlands, estuarine waters, estuarine shorelines within 75 feet of the mean high water line, public trust areas, public water supply AECs, and natural and cultural resource AECs. For purposes of this ordinance, the shoreline of waters designated by the North Carolina Marine Fisheries Commission as Joint Fishing Waters shall be considered estuarine shorelines. "Plan" or "Plat" shall mean a map, design, or scheme of arrangement of a parcel of land which is to be, or has been subdivided. "Subdivider" shall mean any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined. "Subdivision" shall mean all divisions of a tract or parcel of land "into two or more lots, building sites, or other division for the purpose of sale or building development (whether immedi- ate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by this ordinance: the combination or re -combination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the Town. as shown in its subdivision regulations; the division of land into parcels greater than ten acres where no street right-of-way dedication is involved; the public acquisition by purchase of strips of land for widening or opening of streets; and the division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where resultant lots are equal to or exceed the standards of the Town, as shown in this Ordinance. - 2 22. Subdivision No person shall make a subdivision within the meaning of this ordinance of any land within the jurisdiction of the Town until such subdivision has been approved by the Town of Chocowinity as hereinafter provided. No plat of any subdivision within the jurisdiction of the Town shall be filed or recorded by the Register of Deeds until it has been approved pursuant to these regulations. 23. Acceptance of Public Services No street shall be maintained by the Town nor street dedication accepted for ownership and maintenance, nor shall water, or sewer or other Town facilities or services be extended to or connected within any subdivision until the requirements set forth in this ordinance has been fully complied with and a final plan has been approved by the Town of Chocowinity and recorded with the Register of Deeds. 24. Compliance with Zoning Ordinance No subdivision plan shall be approved unless such plan complies in all respects with the requirements of the Zoning Ordinance of the Town of Chocowinity. 25. Consistency with Official Plans Subdivision plans shall be consistent and in compliance with all officially adopted Thoroughfare Plans, School Plans, Recreation and Open Space Plans, and certified Coast<l Area Management Act Land Use Plans. 3 1 1 SECTION III. PROCEDURES FOR THE SUBMISSION AND APPROVAL OF PLANS 31. Sketch Plan A Sketch Plan of a subdivision may be submitted by the subdivider for discussion and approval by the Planning Board. The Sketch Plan should include a very general description of the proposed subdivision as well as a sketch vicinity map showing the subdivision in relation to the surrounding area. The Planning Board shall review the Sketch Plan for general compliance with the requirements of this ordinance, the Zoning Ordinance, and any other applicable ordinance. The Planning Board shall advise the subdivider of the regulations pertaining to the proposed subdivision and the procedures to be followed in preparation and submission of the Preliminary and Final Plans. 32. Preliminary Plan 321. Submittals Any person who seeks approval of a Preliminary Plan of a subdivision shall submit to the Planning Board: a) An application (Form A). b) 4 prints of the Preliminary Plan as described in Section 322. c) A filing fee according to the following schedule: $75; plus $15 per lot for the first 25 lots created by the Preliminary Plan; plus $5 per lot for all addition- al lots created. The total filing fee, regardless of the number of lots created, shall not exceed $2,000. d) At the same scale as the Preliminary Plan, a Develop- ment Plan, showing topography at contour intervals appropriate for the site, graphic drainage analysis including existing and proposed watercourses and distinction between upland and wetland, Areas of Environmental Concern, location of tree cover, existing structures, and proposed lot.lines. If located within an area of special flood hazard as identified by the Federal Emergency Management Agency, the location of the base flood elevation shall be indicated. e) A drainage plan and calculations, including description of the effects of a 100-year storm. f) Documentation that the site has undergone a preliminary evaluation for septic tank usage by the County'Health Department if public sewer will not be provided. m ' g) An Environmental Impact Statement if requested by the Planning Board pursuant to Chapter 113A of the North ' Carolina General Statutes. 322. Plan Contents The Preliminary Plan shall be prepared by either a register- ed surveyor or a registered engineer and shall be clearly and legibly drawn at a scale of 1" = 100" or such other scale as the Planning Board may accept to show details clearly and adequately. Sheet sizes shall be no larger than 24" x 36". The Preliminary Plan shall contain the following information: a) Subdivision name, boundaries, north point, legend, date, scale, and indication of zoning district. b) Sketch vicinity map showing the location of the subdivision in relation to the surrounding area. c) Name and address of landowner, subdivider, registered engineer or surveyor, his stamp, and. names (and stamps if appropriate) of any other professionals engaged in the design. d) Location and ownership of abutting property. e) Existing and proposed lines, of streets, lots, ease- ments, and public or common areas within the subdivi- sion, and sufficient information to determine the location, direction, and length of every street line, ' lot line, easement, and boundary line, and to establish those lines on the ground. Lots numbered and approxi- f) mate lot area shown. Proposed streets, existing and platted streets on adjoining properties and in the proposed subdivision designated either public or private, indicating right-of-way and/or easement widths, pavement widths, and centerline curve and corner radius data including sight distances, and typical street cross sections. g), Plans for proposed utility layouts including sanitary sewers, storm sewers, water .distribution lines, street lighting, telephone and electric service, illustrating connections to existing systems or plans for individual water supply systems and/or sewage disposal systems, showing line size and location of fire hydrants and manholes. ' 323. Approval ' 3231. Planning Board Recommendation. The subdivider shall submit the Application, Plan, and data required in section 321 to the Planning Board at least 10 days prior.to the ' 5 Planning Board meeting at which it is to be considered. The Planning Board shall review the plan, consulting with local or other officials and other technical experts as necessary to discuss the plan and identify any changes or additions necessary for the subdivision to achieve the objectives of this ordinance. The Planning Board shall meet with the subdivider and discuss the kind and extent of improvements proposed to be made and any changes 'deemed advisable. The Planning Board shall recommend approval, conditional approval, or disapproval of the plan within 45 days after its first consideration. The Chairman of the Planning Board shall notify the Town Clerk of the Board's decision and the Clerk shall transmit the plan with its recommendations including any conditions or modifications to the Town Council. If conditionally approved, the Planning Board may require that the subdivider submit a revised Preliminary Plan. 3232. Town Council Action. Upon receipt of the plan, the Council shall review it for compliance with the require- ments of this ordinance and consider the recommendations of the Planning Board and other reviewers, if any. The Council shall approve, approve conditionally, or disapprove the Preliminary Plan within 45 days of submittal by the Planning Board. If the Council approves the Preliminary Plan, approval shall be noted on at least two copies of the plan by the Town Clerk. One copy shall be returned to the subdivider and one shall be retained by the Town Clerk. If the plan is approved with conditions, the conditions and the reasons for conditional approval shall be recorded in the minutes of the meeting and a copy of any conditions shall be attached to the plans. 3233. Improvements. Upon Town Council approval of the Preliminary Plan (with or without conditions), the subdivi- der may proceed with the installation of the required improvements and the preparation of the Final Plan in accordance with the approved Preliminary Plan and the requirements of this ordinance. 33. Final Plan A final subdivision plat must be submitted within 24 months of the date the Preliminary Plan was approved, otherwise such approval shall be null and void unless a written extension of this time limit is granted by the Town Council. The Final Plan shall contain only that portion of the Preliminary Plan which the subdivider proposes to develop and record at that time. When a Final Plan is submitted, approval of the Prelimi- nary Plan is automatically extended another 24.months. 6 No Final Plat shall be approved until the subdivider has installed in the area represented on the Final Plat all improve- ments required by this ordinance, or shall have guaranteed their installation as provided in Section 333. No property shall be sold before a Final Plat has been approved and recorded in the Registry of Deeds pursuant to these regulations. 331. Submittals Any person who seeks approval of a Final Plan of a subdivis- ion shall submit to the Planning Board:! a) An application (Form B). b) 4 prints of the Final Plan as described in Section 332. c) A filing fee according to the following schedule: $50; plus $15 per lot for the first'25 lots shown on the Final Plan; plus $5 per lot for all additional lots shown. Total filing fees for any subdivision, (including fees for both Preliminary and Final Plans) shall not exceed $4,0009 regardless of the number of lots created. d) Certification from the County,Health Department that all lots intended to be served by ground absorption sewage disposal systems have been approved for such usage. e) An erosion and sediment control plan approved by the North Carolina Division of Land Resources. 332. Plan Contents The Final Plan shall be prepared by ,either a registered surveyor or a registered engineer and shall be drawn at a scale of 1" = 100". Sheet sizes shall be no smaller than 12" x 18" and no larger than 18" x 24" unless the Planning Board approves a' different size in advance of Plan submittal. One copy of the Final Plan shall be drawn on reproducible mylar. The Final Plan shall contain the following information: a) Subdivision name,boundaries, north point, legend, date, and scale. b) Name and address of landowner,',subdivider, registered engineer or surveyor, his stamp,l,and names (and .stamps if appropriate) of any other professionals engaged in the design. c) Sketch vicinity map showing the location of the subdivision in relation to the surrounding area. d). Names of proposed streets and the locations and widths of proposed street rights-of-way'and.street pavements. 7 13 e) Layout of lot arrangement including lot lines, lot dimensions and lot numbers. f) Base flood elevation if located within an area of special flood hazard as defined by the Federal Emer- gency Management Agency. g) Certification of Ownership and Dedication. The following shall be placed on the Final Plan and signed by the owner(s) of the subdivision: "I(We) hereby certify that I.am (we are) the Owner(s) of the property shown and described hereon and that ' I(we) hereby adopt this plan of subdivision with my (our) free consent. Further I (we) certify the land as shown hereon is within the subdivision ' regulation jurisdiction of the Town of Chocowinity, North Carolina." ' Owner Owner Owner ' h) Certification of Final Plan Approval. The following certificate shall be placed on the Final Plan for ' endorsement•by the Town Clerk: "I hereby certify that the subdivision plan shown hereon has been found to comply with the subdivision ' regulations of the Town of Chocowinity, and further, that this plan has been approved by the Chocowinity Town Council for recording in the Register of Deeds of ' Beaufort County within -30 days of the date of this certificate." ' Attest (Town Clerk) Date ' Seal i) As Built Engineering Data as follows: ' 1. The plans for utility layout, including sanitary sewers, storm sewers, water distribution lines, natural gas, telephone and electric service, ' illustrating connections to existing systems or plans for individual water supply systems and/or ' sewerage disposal systems. Plans must show line sizes, the location of fire hydrants, blowoffs, manholes, pumps, forcemains, and gate valves; NJ I I U 2. Location and dimensions of all rights -of -way, utility or other easements, paths or trails, and public or common areas; 3. Right-of-way lines, sight distance lines, pavement widths, and names of all streets and the location, name, and width of all adjacent streets and easements; 4. Property lines, buildings or other structures, watercourses, railroad bridges, culverts, storm drains, corporate limits on land to be subdivided and on a portion of the land immediately adjoin- ing; S. Sufficient engineering data to determine readily and reproduce on the ground every straight or curved boundary line, street line, lot line, right-of-way line, easement line, setback line, sight distance line including dimensions, bear- ings or deflection angles, radii, central angles and tangent distances for the center line of curved streets and curved property lines that are not the boundary of curved streets. All dimensions shall be measured to the nearest tenth of a foot and all angles to the nearest minute; 6. Accurate location and description of all monu- ments, markers, and control points; 7. Modifications, if any, to the topography of the proposed subdivision at a contour interval of not more than five feet. 333. Performance Guarantee In lieu of prior construction of the improvements required by this ordinance, the Town of Chocowinity shall, for the purpose of approving a Final Plan, accept a guarantee from the subdivider that such improvements will be carried out according to the Town's specifications at his expense. Such guarantee may be in the form of a surety bond made by a surety company licensed to do business in North Carolina, or certified check drawn in favor of the Town of Chocowinity, or cash deposited with the Town. Such guarantee shall be in an amount of not less than 100% of the construction of the required improvements. All improvements shown on the Final Plan shall be installed with 24 months of Plan approval. Improvements not constructed or completed within 24 months of Final Plan approval may be constructed or completed by the Town using the performance guarantee described in this section. Z 334. Release of Guarantee The Town Council may grant partial release from such performance guarantee for partial completion of improvements. ' Full security shall not be released until the Director of Public Works or other authorized individual reports in writing that street, utility, monument and other required improvements have ' been installed in accordance to the Final Plan, in acceptable engineering standards, and according to any applicable, local, County and state specifications. 335. Maintenance and Defects Guarantee The Town Clerk shall secure from all subdividers a letter in which said subdivider shall agree to maintain the backfill or) any improvements and guarantee improvements against defects for one year, except those improvements made by utility companies. ' Such letter shall be binding -on the subdivider for a period of one year after the acceptance of such improvements by the Town. ' 336. Approval 3361. Planning Board Recommendation. The subdivider shall submit the Application and Final Plan to the Planning Board ' at least 10 days prior to the Planning Board. meeting at which it is to be considered. The Board shall review the plan and may consult with technical experts as necessary to confirm conformance with the. approved Preliminary Plan and ' for compliance with all requirements of this ordinance. If substantial errors are found in the plan, the plan shall not be approved until such errors have been corrected. The Board ' shall approve or disapprove the Final Plan within 45 days after its first consideration. The Chairman of the Planning Board shall notify the Town Clerk of the Board's decision ' and the Clerk shall transmit the plan along with its recommendations including any conditions or changes to the Town Council. ' 3362. Town Council Action. Upon receipt of the Final Plan with recommendations including any conditions or modifica- tion from the Planning Board, the Council shall review the plan for conformance with the approved Preliminary Plan and for compliance with all requirements of this ordinance and consider the recommendations by other reviewers, if any. The Council shall approve or disapprove the Final Plan ' within 45 days of submittal by the Planning Board. If the Council approves the Final Plan with modifications, the ' subdivider shall Final Plan or additional prepare and submit to the Council a materials which incorporate new the modifications. If the Council denies approval of the Final Plan, the reasons for such denial shall be recorded in the ' minutes. 10 337. Recording of Final Plan The subdivider shall file the approved Final Plan with the Register of Deeds of Beaufort County within 30 days of Town Council approval and return -two copies of the plan showing date and documentation of filing to the Town Clerk. 11 SECTION IV. DESIGN AND CONSTRUCTION STANDARDS 41. General The subdivider shall observe all design standards for land subdivision as hereinafter provided. These standards shall be considered minimum standards and shall be varied from or waived only as provided in Section V. 411. Design Guides 4111. Mitigation. Design and construction shall reduce, to the extent reasonably possible, the following: i) volume of cut and fill; ii) area over which existing vegetation will be disturb- ed; especially on land adjoining a wetland, river, pond, or stream, or overlying easily eroded soils; iii) number of mature trees or percentage of tree cover removed; iv) extent of waterways altered or relocated; v) visual prominence of man-made elements not neces- sary for safety or orientation; vi) visibility of building sites from existing streets; vii) number of driveways exiting onto existing streets; viii) alteration of groundwater or surface water elevations or chemical constituents; ix) disturbance of important wildlife habitats, outstand- ing botanical features, and scenic or historic envisions; and . x) soil loss or instability during and after construc- tion (as per N.C.G.S. 113A-50). 4112. Enhancement. Design and construction shall increase, to the extent reasonably possible, the following: i) vehicular use of collector streets to avoid traffic on streets providing house frontage; ii) visual prominence of natural features of the land- scape; iii) legal and physical protection of views from public streets; and iv) use of curvilinear street patterns. 12 h 412 _ Access Adequacy Every lot shall have access to it that is sufficient to afford a reasonable means of ingress and egress for emer- gency vehicles as well as for all those likely to need or desire access to the property in its intended use. 42. Streets 421. Design and Layout The arrangement, character, extent, width, grade, and location of all streets shall be considered in their relation to existing and planned streets, to topographical and soil condi- tions, to public convenience and safety and in their appropriate relation to the proposed use of the land to be served by such streets. 4211. Coordination with Surrounding Streets. The proposed street layout within a subdivision shall be coordinated with the existing street system of the surrounding area and where possible, existing principle streets shall be extend- ed. 4212. Access to Unsubdivided Property. Where the subdivis- ion adjoins Unsubdivided property susceptible to being subdivided, streets shall be carried to the boundaries of the tract proposed for subdivision. Temporary turn-arounds shall be provided. Reserve strips prohibiting access to streets or adjoining property shall not be permitted. 4213. Street Intersections. ' i) streets shall be laid out so as to intersect as nearly as possible at right angles. No street shall intersect any other street at less than 60 degrees. ii) centerline offsets for intersecting streets shall not ' be less than 150 feet. ' 4214. Dead-end Streets. All dead-end streets shall be provided with a turn -around capable of serving a vehicle of 30 foot length and having an outside turning radius of 57 feet. The center of the turn -around (usually a circle ' or "tear -drop"), shall be maintained in plantings. Dead-end streets shall not exceed 1,200 feet in length. 4215. Half Streets. Half streets (i.e., streets of ' less than the full required right-of-way and pavement width) shall not be permitted except where such streets, ' _ 13 ' when combined with a similar street (developed previously or simultaneously) on property adjacent to the subdivision creates or comprises a street that meets the right-of-way ' and pavement requirements of this ordinance. 4216. Block Standards. Block lengths, widths and areas ' within bounding roads shall be such that: i) adequate building sites, suitable to the contemplated use are provided; ' ii) zoning requirements regarding minimum lot dimensions and areas are assured; and iii) lengths between intersecting stretches do not exceed ' 1,200 feet or be less than 400 feet. iv) sufficient widths are provided to allow 2 tiers of lots except where single -tier lots are required to separate development from through traffic, water areas, common areas or public property. ' 4217. Lot Standards. Lots shall be designed such that: i) the lot dimensions, setbacks, and standards of the Zoning Ordinance are met; and ' ii) double frontage lots shall be avoided except where essential to provide residential separation from through traffic or other incompatible uses. ' 4218. Driveways. Driveways shall be developed according to the N. C. Department of Transportation's "Policy on Street and Driveway Access on North Carolina Highways". 4219. Street Names and House Numbers. Street names shall be assigned by the developer subject to the approval of the Chocowinity office of the U. S. Postal Service. Proposed streets that are obviously in alignment with existing streets shall be given the same name. Newly created streets shall be given names that neither duplicate nor are ' phonetically similar to existing streets within the Town's planning jurisdiction, regardless of the use of different suffixes. Building numbers shall be assigned by the Town. ' 422. Classification ' Streets within a subdivision shall be classed as follows: MINOR: A street which carries traffic equivalent to that ' generated by 12 or fewer dwelling units, which has no abutting property either used or zoned for commerce or industry, and which is not capable of extension. 1 14 11 1 LOCAL: A street which carries traffic equivalent to that generated by more than 12 but fewer than 50 dwelling units, which has no abutting property either used or zoned for commerce or industry, and which is not capable of extension to serve more than 50 dwelling units. COLLECTOR: A street which carries traffic equivalent to that generated by 50 dwelling units or more, or which serves property either used or zoned for commerce or industry. 423. Street Width and Drainage Requirements Streets may be constructed with either curb and gutter or with b foot -wide shoulders and drainage swales according to the following schedule. However, the Town Council may require curb and gutter in situations where, due to the size, location, character, design, and anticipated traffic flow, the Council determines that curb and gutter is necessary to meet the intent of this ordinance. Curb and gutter design shall be approved by the Town Council. Street Type Minor Local Collector Drainage Swales ------------------ Min. Min. ROW Pavement Width Width (in feet) (in feet) Curb and Gutter ---------------- Min. ROW Width ( in feet) 45 18 50 50 20 50 50 28 50 424. Private Streets Min. Pavement Width (in feet) 24 24 34 Except as provided in this section, all lots created after the effective date of this ordinance shall abut a public street at least to 'the extent necessary to comply with access requirement set forth in Section 412. For purposes of this section, the term "public street" includes a pre- existing public street as well as a street created by a subdivider that meets the public street standards of this _ 15 i ' ordinance and is dedicated for public use. Unless the recorded plan of a subdivision clearly shows a street to be private, the recording of such a plan shall constitute an offer of dedication of such street. Architecturally integrated subdivisions may be developed i with streets that do not meet the public street and sidewalk standards of this ordinance so long as: a) the proposed development will have direct access ' to a public street or, if the tract has access to a public street only, via a private road, such private road is improved to public street stan- dards; b) no road intended to be private is planned or expected to be extended to serve property outside the development; and c) the subdivider demonstrates that an appropriate association will be established for the purpose ' of providing for and perpetually such streets. maintaining No Final Plan that shows lots served by private roads may be recorded unless the Final Plan contains the following notations: a) "Further subdivision of any lot shown on this plan as served by a private road may prohibited by the Town of Chocowinity Subdivision Ordinance." ' b) "The policy of the Town of Chocowinity is that, if the Town improves streets that were.never constructed to the standards required in the Subdivision Ordinance for dedicated streets and on which 75% of the dwelling units were constructed after the effective date of this ordinance, then 100% of the costs -of such improvements shall be assessed to abutting landowners." ' The recorded plan of any subdivision that includes a private road shall clearly state that such road is a private road. ' Further, the initial purchaser of a newly created lot'served by a private road shall be furnished.by the seller with a disclosure statement outlining maintenance responsibilities for the road. 4241. Design Requirements. Right-of-way for private streets under Section 424 shall be not less than 45 feet. The paved surface shall be not less than le feet with a 6 foot shoulder. Base course shall be either 6 inch stone or 10 inch soil type. ' _1 6 ' 425. Construction ' The design and construction of all streets within the juris- diction of this ordinance shall be in accordance with the accepted policies of the N. C. Department of Transportation ' (D.O.T.). The standards contained in the most recent edition of the D.O.T.'s "Construction Standards for Subdivi- sion Roads" shall apply for any items not included in this ordinance. 4251. Cleaning and Grubbing. Cleaning and grubbing shall be performed to remove stumps, brush, roots, and like material from the area of the travelled way, shoulder, sidewalks, utility trenches, but elsewhere wherever feasible, existing vegetation shall be protected. 4252. Grading. Rights -of -way and roadways shall be graded in accordance with the standards and specifica- tions of the D.O.T.'s, "Minimum Construction Standards for Subdivision Roads." 4253. Street Base. All roadways shall be improved with a base course to the required width of the D.O.T. All construction and materials shall meet the standards and specifications of the D.O.T. 4254. Street Surface. The asphalt surface course shall meet the standards and specifications -of the D.O.T. 4255. Curb and Gutter. Where curb and gutter is provided, such improvements shall meet the standards and specifications of the D.O.T. 4256. Culvert Pipe. All culvert pipe and pipe under drains shall be installed to the standards and specifications of the D.O.T. 43. Storm Water Management The subdivider shall provide an adequate drainage system for the proper drainage of all surface water which complies with N.C.A.C. Title 15, Chapter 4, "Sedimentation Control" and N.C.A.C. TItle 15, 2H.1000, "Stormwater Runoff Disposal". The design of such a system shall be subject to the approval of the Director of Public Works. 17 ' 431. Design Standards ' a) To the extent practicable, all development shall conform to the natural contours of the land and natural and pre-existing man-made drainage ways shall remain undisturbed. b) No surface water may be channelled or directed into a sanitary sewer. c) Whenever practicable, the drainage system of a develop- ment shall coordinate with and connect to the drainage systems or drainage ways on surrounding properties or streets. ' d) The minimum design frequency for storm runoff shall.be 10 years for storm sewer collection and 25 years for cross drainage (i.e., drainage facilities crossing a street). ' e) Culvert outlet protection and swale erosion shall be designed based on a 10-year storm. f) All storm drainage structures and pipes shall be ' designed and constructed in accordance with the N. C. Department of Transportation specifications. 44. Utilities 441. Water Supply ' 4411. Public Supply Standards. All new subdivisions shall connect to the Town of Chocowinity's Public Water System if any perimeter property line is within 200 feet of ' an existing water line. The connection shall be at the subdivider's expense. 4412. Private Supply Standards. Where a private communi- ty water supply system is proposed, the Preliminary Plan shall be accompanied by a letter of approval from the North Carolina Division of Health Services. Where individual lots ' will be served by private wells, this situation will he duly noted on the Preliminary and Final Plan. Wells must be located at least 100 feet from any ground absorption system. ' 4413. Design and Construction. i) Water mains shall be designed and installed accord- ance to the Town of Chocowinity specifications. ii) Before installation, a complete set of construction plans and specifications for the proposed system, prepared by a registered professional engineer, shall be submitted for approval by the Director of Public Works and a copy submitted to the North Carolina ' Division of Health Services. _18 ' iii) Water supply systems shall be approved by the Fire Chief as to location of hydrants and size of mains. iv) Water mains shall not be less than 6 inches in ' diameter, except that smaller mains may be used on permanent dead-end streets upon approval of the Fire Chief. v) Water mains shall be looped where practicable, and fire hydrants or blowoffs shall be placed at dead - ends. ' vi) The Town may require installation of oversize mains when it is in the interest of future development. The Town may pay for the portion of the improvement ' which exceeds the standards of this ordinance. 442. Sewage Disposal ' 4421. Public Disposal Standards. All new subdivisions shall connect to the Town of Chocowinity's Public Sewer System if any perimeter property is within 200 feet of an ' existing sewer line. The connection shall be at the subdivider's expense. 4422. Private Disposal Standards. Where a private package treatment system is proposed, the Preliminary Plan shall be accompanied by a letter of approval from the North Carolina Department of Environmental Management. A land application system, rather than surface water discharging system, is recommended when a private package system is proposed. Where individual lots will be serviced by septic systems, ' the Preliminary Plan shall be accompanied by documentation that the site has undergone a preliminary evaluation by the County Health Department. The Final Plan shall be accompan- ied by certification that all lots intended for development ' have been approved for septic tank usage. 4423. Design and Construction ' i) Sewer mains shall be designed and installed according to the Town of Chocowinity specifications. ii) Before installation, a complete set of construction ' plans and specifications for the proposed system, prepared by a registered professional engineer, shall be submitted for approval by the Director of Public Works and a copy submitted to the North Carolina Department of Environmental Management. iii) The Town may require installation of oversize mains when it is in the interest of future development. ' The Town may pay for the portion of the improvement which exceeds the standards of this ordinance. I - 19 ' 443. Other Utilities t 4431. Wiring. Underground wiring for electric, tele- phone, and cable TV is required unless the subdivider demonstrates that underground wiring is impractical.due to ' soil characteristics and other local conditions. 4432. Street Lighting._ All public streets, sidewalks, and other community areas or facilities in subdivisions created after the effective date of this ordinance shall be suffic- iently illuminated to ensure the security and the safety of persons using such streets, sidewalks, and other common ' areas or facilities. To the extent that fulfillment of this requirement would normally require street lights installed along public streets, this requirement shall be applicable only to subdivisions located within the corporate limits of the Town. The quantity, design, and location of all lighting shall be approved by the Director of Public Works. ' 45. Other Improvements ' 451. Survey Survey, plat, monuments and control corners shall be provided in accordance with the latest edition of the ' "Manual of Practice for Land Surveying in North Carolina" by the North Carolina State Board of Registration for Profes- sional Engineers and Land Surveyors. ' 452. Sidewalks Sidewalks shall be provided on one or both sides of collect- or streets and one side of local streets if the Town Council determines that due to the size, location, character, and design of the subdivision, sidewalks are necessary to meet ' the intent of this ordinance. Sidewalks shall be 4 inches thick and shall be at least 4 feet wide. ' 453. Wheel Chair Ramps_ Whenever curb and gutter construction is used on public streets, wheel chair ramps for the handicapped- shall ' be provided at intersections and other major points of pedestrian flow. Wheel chair ramps and depressed curbs shall be constructed in accordance with the published ' standards of the N. C. Department of Transportation. 1 _ 20 ' 454. Street Signs ' Street name signs of a type and number approved by the Director of Public Works shall be installed at all street intersections. ' 455. Shade Trees Shade trees shall be preserved where possible; where they do not exist, the planting of appropriate trees, ' is encouraged. Such trees shall be species which are resistant to damage and disease and which do not cause interference with utilities, street lighting or visibility ' at street intersections. 46. Other Requirements 461. Open Spaces Before approval of a Preliminary Plan, the Town Council may ' require the plan to show a park or parks suitably located for playground, recreation, or open space purposes. The park or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land. In no case shall the required open space exceed 10% of the total gross area of the subdivision. ' 462. Easements ' 4621. Utilities. Easements shall be provided where necessary along lot lines. Such easements shall be suffic- iently wide to provide for installation of such utilities and access for maintenance. ' 4622. Drainage. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, or contains a water storage area or facility, there shall'be provided a ' storm water easement or drainage right-of-way of adequate width to conform substantially to the lines of said feature and to provide for the possibility of flooding, protection ' of banks and adjacent properties, future maintenance or construction, and other necessary purposes. ' 463. Clean-up Upon completion of the work,. the subdivider shall remove from the street and adjoining property all temporary ' structures, debris, tree stumps, loose rocks, and surplus materials which may have accumulated during the prosecution of the work, leaving the subdivision in a neat and orderly condition. 1 21 1 I I SECTION V. LEGAL PROVISIONS 51. Enforcement 511. Register of Deeds The Register of Deeds shall not file or record a plat of a subdivision of land located within the territorial jurisdiction of the Town of Chocowinity that has not been approved in accordance with these provisions, nor shall the Clerk of Superior Court order or direct the recording of a plan if the recording would be in conflict with this section. 512. Building Inspector The Building Inspectors) shall not issue any permits for construction until a Preliminary Plan and engineering data are approved. 513. Recordation of Deed It is a violation of this ordinance to record any deed indicating a lot on a Preliminary or Sketch plan until a Final plan has been recorded. 52. Penalties After the effective date of this ordinance, any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of this ordinance, thereafter subdivides his land in violation of this ordinance or transfers or sells land by reference to, exhibition of, or any other uses of a plan showing a subdivision of the land before the plan has been properly approved under the terms of this ordinance and recorded in the office of the Beaufort County Register of Deeds, shall be guilty of a misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The Town of Chocowinity through its attorney or other official designated by the Town Council, may enjoin illegal subdivision, transfer or sale of land, and the Court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the Subdivision Ordinance. Further, violators of this ordinance shall be subject, upon conviction, to fine and/or imprisonment as provided by G. S. 14-4. _ 22 I 1 53. Variance Where, because of severe topographical or other conditions peculiar to the site, strict adherence to the provisions of this ordinance would cause an unnecessary hardship, the Town Council upon recommendation of the Planning Board, may authorize a variance to the terms of this ordinance only to -the extent that is absolutely necessary and not to an extent which would violate the intent of the ordinance. 54. Amendments The Town Council may from time to time amend the terms of this ordinance, but no amendment shall become effective unless it shall have been proposed by or shall have been submit- ted to the Planning Board for review and recommendation. The Planning Board shall have 30 days within which to submit its report. If the Planning Board fails to submit a report within the specified time, it shall be deemed to have approved the amendment. Upon receipt of the Planning Board's recommendation, or upon the expiration of the above mentioned 30-day period with no recommendation frorp the Planning Board, the Town Council shall schedule a public hearing on the proposed amendment. After such hearing the Town Council may adopt, by ordinance, amendments to this ordinance. 55. Separability Should any section or provision of this ordinance be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part therein other than the part so declared to be unconstitutional or invalid. 56. Abrogation It is not intended that this ordinance repeal, abrogate, annul, impair or interfere with any existing easements, cove- nants, deed restrictions, agreements, rules, regulations or permits previously issued or adopted pursuant to law. However, where this ordinance imposes greater restrictions upon the land or requires a higher standard of development, the provision of this ordinance shall govern. - 23 FORM A APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN File one completed form with the Planning Board and one copy with the Town Clerk. Date transmitted Date of next Planning Board meeting (presumed "Submittal" date) , 19 . 19 To the Planning Board of Chocowinity: The undersigned herewith submits the accompanying Prelimi- nary Plan of a subdivision entitled for approval under the provisions of your Rules and Regulations covering the Subdivision of Land. 2. Name of Applicant: Address: Phone Name of Owner (if not applicant): Address: 3. Name of designer: Address: 4. 5. Deed of property recorded in Beaufort Registry, Book Page Location and Description of Property 6. Number of lots on the plan: Signature of Applicant: Signature of Owner (if not Applicant) FORM B APPLICATION FOR APPROVAL OF A FINAL SUBDIVISION PLAN File one completed form with the Planning Board and one copy with the Town Clerk. Date transmitted , 19_ Date of next Planning Board meeting (presumed "Submittal" date) To the Planning Board of Chocowinity: 10 19 The undersigned herewith submits the accompanying Final Plan of a subdivision entitled for approval under the provisions of your Rules and Regulations covering the Subdivision of Land. 2. 3. 4. Name of Subdivider: Address: Phone Name of Subdivision: Date of Approval of Preliminary Plan: Name(s) of Surveyor and other designers: S. Deed of property recorded in Beaufort Registry, Book Page b. Location and Description of Property 7. Number of lots on the plan: Signature of Applicant: Signature of Owner (if not Applicant) •FORM C CERTIFICATE OF APPROVAL OF A PRELIMINARY SUBDIVISION PLAN Town Clerk Dear The Chocowinity Town Council hereby certifies that at a meeting of said Council on , 19 , at which a quorum was present, it was voted: that a Preliminary Plan of a subdivision called , most recently dated 19 and designed by , registered as an engineer or land surveyor in North Carolina, be and hereby is approved with the following specific qualifica- tions: (list conditions if any) Respectfully submitted, By Town Council FORM D CERTIFICATE OF DISAPPROVAL OF A PRELIMINARY SUBDIVISION PLAN Town Clerk Dear The Chocowinity Town Council hereby certifies that at a meeting of said Council on , 19 , at which a quorum was present, it was voted: that a Preliminary Plan of a subdivision called , most recently dated 19 and designed by , registered as an engineer or land surveyor in North Carolina, be and hereby is disapproved for the following specific qualifica- tions: Respectfully submitted, By Town Council 1 i 1 1 1 1 1 F;ftlff�z CERTIFICATE OF APPROVAL OF A FINAL SUBDIVISION PLAN Town Clerk Dear The Chocowinity Town Council hereby certifies that at a meeting of said Council on , 19 , at which a quorum was present, it was voted: that a Final Plan of a subdivision called , most recently dated 19 and designed by , registered as an engineer or land surveyor in North Carolina, be and hereby is approved with the following specific qualifica- tions: (list modifications if any) Respectfully submitted, By Town Council Note that a new Final Plan or additional materials showing the modifications specified above is required before final approval can be granted. FORM F CERTIFICATE OF DISAPPROVAL OF A FINAL SUBDIVISION PLAN Town Clerk Dear The Chocowinity Town Council hereby certifies that at a meeting of said Council on , 19 , at which a quorum.was present, it was voted: that a Final Plan of a subdivision called , most recently dated 19 and designed by , registered as an engineer or land surveyor in North Carolina, be and hereby is disapproved with the following specific reasons: Respectfully submitted, By Town Council June 1, 1982 Mr. Williamson Made a motion that the Town accept the proposed timetable for adoption of the Zoning Ordinance and proceed ahead with the work program. Seconded by Mr. Cole and carried. Minutes' Book, page 61 H.E. Cole M.L. Dunbar Plum Mills Louise Hill OFFICIAL ZONING ORDINANCE Town of Chocowinity, North Carolina Adopted August 1, 1989 TOWN BOARD Charles Williamson, Mayor PLANNING BOARD Thomas Elks, Chairman Jeff Haddock, Maintenance Supervisor Technical Assistance by The Mid -East Commission P.O. Box 1787 Washington, North Carolina 27889 Bob Paciocco, Planner -in -Charge Jane Daughtridge, Planner Lou Valenti, Cartographer Jeanne Ashmore; Secretary Jimmy Mobley Arlene Jones J.L. Carrington William Albritton The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. TABLE OF CONTENTS ARTICLE SECTION SUBJECT PAGE I" IV TITLE, ENACTMENT AND PURPOSE 1.01 Title and Enactment ................................ 1 1.02 Short Title ...................................... 1 1.03 Purpose ....................................... 1 ESTABLISHMENT OF ZONING DISTRICTS AND PROVISION FOR ZONING MAP 2.01 Official Zoning Map ................................ 2 2.02 Rules Governing the Interpretation of District Boundaries ...... 2 INTERPRETATION AND DEFINITION OF TERMS 3.01 Interpretation and of Common Words and Terms ........... 4 3.02 Definition of Specific Terms and Words .................. 4 APPLICATION OF REGULATIONS 4.01 Territorial Application ........................ :...... 10 4.02 Use, Occupancy, and Construction ..................... 10 4.03 Height, Bulk, Density, Lot Coverage, Yards and Open Spaces 10 4.04 Computation of Required Spaces ...................... 10 4.05 Reduction of Lots or Areas Below Minimum ............... 10 4.06 Classification of Added Territory ....................... 10 4.07 One Principal Building on Any Lot ..................... 11 4.08 Lot Access Requirements ........................... 11 4.09 Vision Clearance at Intersections ...................... 11 4.10 Walls and Fences ................................. 11 4.11 Structure Excluded from Height Limitations ............... 11 4.12 Reduction of Front Yard Setback Requirements ............ 11 4.13 Required Buffers ................................. 12 4.14 Storage of Vehicles ................................. 12 NON -CONFORMITIES 5.01 Intent ...........................I ............. 13 5.02 Regulation of Non -Conformities ........................ 13 ' TABLE OF CONTENTS continued ARTICLE SECTION SUBJECT PAGE ' VI. SCHEDULE OF DISTRICT REGULATIONS 6.01 R-1 Low Density Residential District ............ ........ 17 6.02 R-2 Limited Low Density Residential District : 18 6.03 R-3 Medium Density Residential District .................. 19 6.04 MHR Mobile Home Residential District .......... ........ 20 ' 6.05 General Commercial District : 20 6.06 B-2 Highway Commercial District ...................... 21 6.07 LI Light Industrial ................................. 23 VII. GENERAL PROVISIONS AND ' SUPPLEMENTARY REQUIREMENTS 7.01 Off -Street Parking Requirements ....................... 26 ' 7.02 7.03 Regulations Governing Signs ..... : : ............. : ... Outdoor Lighting 32 36 7.04 Regulations Governing Mobile Parks .................... 37 7.05 Group Development Projects ......................... 39 ' 7.06 Conversion of Existing Structures to Condominium Ownership 41 7.07 Home Occupations ....................... :: 41 7.08 Junkyards/Salvage Yards ............................ 42 7.09 Use of Mobile Homes as Temporary Office Space ........... 42 ' Vlll. 8.01 ADMINISTRATION AND ENFORCEMENT Zoning Administrator ............ .................. . 43 8.02 Zoning Permit Required ............................. 4J 8.03 Water Supply and Sewage Disposal Requirements .......... " 43 ' 8.04 Application for Zoning Permit for Permitted Uses ............ 43 8.05 Application for Zoning Permit for Conditional Uses .......... 44 ' 8.06 8.07 Certificate of Occupancy Required ::::...... : ....... : :: Violation 45 45 ' IX. PENALTY ...................................... 46 ' X. BOARD OF ADJUSTMENT 10.01 Board of Adjustment Established ...................... 47 10.02 Chairman of the Board ............................. 47 1 ii TABLE OF CONTENTS continued ARTICLE SECTION SUBJECT PAGE 10.03 Meetings of the Board .............................. 47 10.04 Powers and Duties of the Board of Adjustment ............. 47 10.05 Appeals from Decision of the Board of Adjustment .......:.. 49 10.06 Duties of Zoning Administrator, Board of Adjustment, Courts and Board of Commissions as to Matters of Appeal .... 50 XI. CHANGES AND AMENDMENTS 11.01 Motion to Amend ................................. 51 11.02 Protest Against Amendment .......................... 51 11.03 Planning Board Action .............................. 51 11.04 Fee .......................................... 51 XII. LEGAL STATUS PROVISIONS 12.01 Effects Upon Outstanding Building Permits ................ 52 12.02 Interpretation, Purpose and Conflict ..................... 52 12.03 Validity ........................................ 52 12.04 Effective Date ................................... 52 ZONING ORDINANCE ' OF THE TOWN OF CHOCOWINITY, NORTH CAROLINA ' ARTICLE I. TITLE, ENACTMENT AND PURPOSE SECTION 1.01. TITLE AND ENACTMENT AN ORDINANCE, IN PURSUANCE OF THE AUTHORITY GRANTED BY THE NORTH CAROLINA GENERAL STATUTES CHAPTER 160A, ARTICLE 19, FOR THE PURPOSES OF PROMOTING THE PUBLIC HEALTH, SAFETY, MORALS, AND GENERAL WELFARE; TO PROVIDE FOR THE ESTABLISHMENT OF ZONING DISTRICTS WITHIN THE TOWN; TO REGULATE WITHIN THOSE ' DISTRICTS THE LOCATION, HEIGHT, BULK, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED, THE REQUIRED OPEN SPACE, THE DENSITY OF POPULATION, AND THE USES OF LAND, BUILDINGS AND OTHER ' STRUCTURES TO PROVIDE METHODS OF ADMINISTRATION OF THIS ORDINANCE; TO PRESCRIBE PENALTIES FOR THE VIOLATION THEREOF, AND TO SUPERSEDE ANY ORDINANCES IN CONFLICT HEREWITH. NOW THEREFORE, the Board of Commissioners of the Town of Chocowinity, North Carolina, does hereby ordain and enact into law the following Articles and Sections, this the 1st day of August, 1989. SECTION 1.02. SHORT TITLE ' This ordinance shall be known ad the 'Zoning Ordinance.' The map herein referred to which is identified by the title 'Official 'Zoning Map of Chocowinity, North Carolina,' shall be known as the 'Zoning Map.' 1 SECTION 1.03. PURPOSE In accordance with the provisions of Chapter 160A, Article 19 of the General Statutes of North Carolina and for the purposes more fully set out in that Chapter, the Board of Commissioners of the Town of Chocowinity, North Carolina, adopt this ordinance to provide for the orderly growth and ' development of the Town. ' ARTICLE II. ESTABLISHME NT OF ZONING DISTRICTS ' AND PROVISION FOR ZONING MAP SECTION 2.01. OFFICIAL ZONING MAP ' For the purposes of this ordinance, the Town is hereby divided into zones or districts as shown on the 'Official Zoning Map of Chocowinity, North Carolina,' which, together with all explanatory matter ' thereon, is hereby adopted by reference and declared to be a part of this ordinance. The Official Zoning Map shall be identified by the signature of the Mayor and attested by the Town Clerk and bearing the Seal of the Town under the following words: 'This is to certify that this is the Official Zoning Map referred to in Article II of the Zoning Ordinance of Chocowinity, North Carolina,' together with the date of adoption of this ordinance. If, in accordance with Article XI of this ordinance changes are made in district boundaries or ' other matter portrayed on the Official Zoning Map, those changes shall be promptly entered on the Official Zoning Map after the amendment has been approved by the Board of Commissioners. ' Regardless of the existence of purported copies of this Official Zoning Map which may be made or published, the Official Zoning Map which shall be located in the Chocowinity Town Hall shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in ' the Town. SECTION 2.02. RULES GOVERNING THE INTERPRETATION OF DISTRICT BOUNDARIES ' Where uncertainty exists with respect to the boundaries of any of the districts as shown on the Official Zoning Map, the following rules shall apply: ' (1) Boundaries indicated as approximately following the center lines of streets, highways, railroad rights -of -way or alleys shall be construed to follow such center lines; ' (2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; (3) Boundaries indicated as approximately following corporate limits shall be construed as ' following such corporate limits; (4) Boundaries indicated as following shorelines shall be construed to follow such shore- ' lines, 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.; (5) Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 4 above shall be construed. Distances not specifically indicated on the Official ' Zoning Map shall be determined by the scale of the Map. ARTICLE II. ESTABLISHMENT OF ZONING DISTRICTS AND PROVISION FOR ZONING MAP page 3 (6) Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsec- tions 1 through 5 above, the Board of Adjustment shall interpret the district boundaries; (7) Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance, the Board of Commissioners may permit, as conditional use, the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot. IARTICLE III. INTERPRETATION AND DEFINITION OF TERMS For the purpose of this ordinance certain words or terms used herein shall be interpreted as ' follows: SECTION 3.01. INTERPRETATION OF COMMON WORDS AND TERMS Words used in the present tense include the future tense. Words used in the singular number shall include the plural and words used in the plural shall include the singular. The word 'person' includes a firm, co -partnership, company, organization, trust, association, or corporation as well as an individual. The work "lot' includes the words 'plot,' 'parcel,' or 'tract.' ' The word "building' includes the.word 'structure.' The word "used" or 'occupied' as applied by any land or building shall be construed to include the words 'intended,' arranged or designed to be used or occupied. The word 'shall" is always mandatory. The word "may" is permissive. ' SECTION 3.02. DEFINITION OF SPECIFIC TERMS AND WORDS ' Accessory Use: A use which is clearly incidental to and customarily found in connection with the principal use and located on the same lot with such principal use. Alley: A minor right-of-way, dedicated to public use, which affords a secondary means of ' vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes. Buffer Strip: A device of material, evergreen plantings and space used to provide sight and sound screening from adjoining properties. The required height and width of the buffer strip and the materials used in its construction vary according to use. Where a buffer strip is required under the provisions of this ordinance, it shall meet the requirements of the ' Zoning Administrator. Building: Any structure enclosed and isolated by exterior walls constructed or use for residence, ' business, industry or public purposes. Building, Accessory: A subordinate building consisting of walls and a roof, the use of which is clearly incidental to that of a principal building on the same lot. Accessory buildings may be ' placed in any rear or side yard but may be no closer than five (5) feet from any property line. ' ARTICLE III. INTERPRETATION AND DEFINITION OF TERMS ' page 5 Building, Principal: A building in which is conducted the principal use of the lot on which it is located. Building Setback Line: A line parallel to or concentric with the street right-of-way establishing the minimum allowable distance between such right-of-way and the nearest portion of any building, ' excluding the outermost three feet of any uncovered porches, steps, eaves, gutters and similar fixtures. ' Condominium: Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants together with individual ownership in fee of a particular dwelling unit in such building. ' Drive -In Restaurant or Refreshment Stand: Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages in ' the premises. Dwelling Unit: One room, or rooms connected together, constituting a separate, independent ' housekeeping establishment for owner occupancy, or rental or lease, and physically separated from any other rooms or dwelling units which may be in the same structure,. and containing independent cooking and sleeping facilities for a single family. Dwelling, Single -Family: A detached residential building, other than mobile home or modular unit, designed for or occupied exclusively by one family. ' Dwelling, Two -Family (Duplex): A detached building, divided horizontally or vertically, and designed for or occupied by two single-family housekeeping units contained entirely under one roof and having one dividing partition common to each.unit, or having the ceiling structure of the ' lower unit the floor structure of the unit above. Dwelling, Multiple: A building or portion.of one used or designed as a resident for three (3) or more families living independently of each other and doing their own cooking therein, including ' apartment houses. Family: One or more persons occupying a single family dwelling unit, provided that unless all ' members are related by blood or marriage, no such family shall contain more than five (5) persons. Home Occupation: The accessory use of a dwelling unit for gainful employment involving the ' manufacture, provision, or sale of goods or services under the provisions of Section 7.07. Junkyard: The use of more than two hundred (200) square feet of the area of any lot for the ' storage, keeping or abandonment of junk; including scrap metal or other materials, or for storage of wrecked, dismantled or partially dismantled machinery or automotive vehicles which are unlicensed or uninspected. NOTE: This definition does not apply to vehicles which are actively ' under repair or restoration. 11 ' ARTICLE III. INTERPRETATION AND DEFINITION OF TERMS page 6 Lot: A parcel of land which fronts on and has ingress and egress by means of a public right-of- way or an approved private street and which is occupied or intended to be occupied by a building or groups of buildings as provided herein with the customary accessories and open spaces. Lot Area: The total horizontal area included within lot lines exclusive of any right-of-way ease- ments. Lot, Corner: A lot of which at least two adjoining sides abut for their full lengths on a street, provided that the interior angle at the intersection of two such sides is less than one hundred thirty five (1350) degrees. Lot, Depth: The average distance from the street line of the lot to its rear line measured in a general direction of the side lines of the lot. Lot Lines: The lines bounding.a lot as defined here. a. Lot Line, Front: The line separating the lot from that street which is designated as the front street on the building permit, certificate of occupancy or subdivision plat. b. Lot Line, Rear: The lot boundary opposite and most distance from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line, not less than thirty (30) feet long and wholly within the lot. c. Lot Line, Side: A side lot line is any lot boundary line not a front lot line or rear lot line. Lot Width: The width of a lot at the required building setback line measured at right angles to its depth. ' Lot of Record: A lot which is part of a subdivision recorded in the Office of the County Register of Deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded. Medical Clinic: A building or structure or portion thereof where medical services are provided for out -patients only. Mobile Home: A dwelling unit that: a. is not constructed.in accordance with the standards set forth in the North Carolina State Building Code for site -built homes, and b. is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis, and c. exceeds forty (40) feet in length and eight (8) feet in width. A travel trailer is not to be considered as a mobile home. ' ARTICLE III. INTERPRETATION AND DEFINITION OF TERMS page 7 Mobile Home Class A: A mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of ' the following additional criteria: a. the mobile home has a length not exceeding four (4) times its width; b. the pitch of the mobile home's roof has a minimum vertical rise of one (1) foot for each five (5) feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction; c. the exterior siding consists of wood, hardboard, aluminum or vinyl (that does not ' exceed the reflectivity of gloss white paint) comparable in composition, appearance and durability to the exterior siding commonly use in standard residential construc- tion; ' d. a continuous, permanent masonry foundation, unpierced except for required ventilation and access, is installed under the home; e. stairs, porches, entrance platforms and other means of entrance and exit to the home shall be installed or constructed in accordance with the standard set by the ' North Carolina Department of Insurance; and d. the moving hitch, wheels and axles, and transporting lights have been removed. ' Mobile Home Class B: A mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy all of the criteria necessary to ' qualify the house as a Class A mobile home. Mobile Home Class C: Any mobile home that does not meet the definitional criteria of a Class A ' or Class B mobile home. Mobile Home Park: A parcel or tract of land under single ownership which has been planned and improved for the placement of mobile homes for dwelling purposes under the provisions of ' Section 7.04. Modular Home: A dwelling unit constructed in accordance with the standards set forth in the North Carolina State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two or more sections transported to the site in a manner similar to a mobile home (except that the modular home ' meets the N.C. State Building Code), or a series of panels or room sections transported on a truck and erected or joined together on the site. ' Non -conforming Use: A use of building or land which does not conform with the regulations of the district in which such building or.land is situated but was lawful before adoption or amend- ment of this ordinance. ' Open Space: An unoccupied space open to the sky. Open Storage: Unroofed storage area, whether fenced or not. 1 r ARTICLE III. INTERPRETATION AND DEFINITION OF TERMS ' page 8 Parking Space: A vehicular storage space of not less than ten (10) feet by twenty (20) feet, plus ' the necessary access space. It shall always be located outside any dedicated right-of-way. Structure: Anything constructed or erected, the use of which requires location on the ground, or ' attachment to something having location on the ground. Townhouse: A single-family dwelling on its own individual lot but connected on two sides, by means of a common wall for at least ten (10) feet of its length, to tow (2) other single-family dwellings or an end dwelling of a row of such dwellings. No more than six (6) such dwelling units may be attached in a single group. ' Trailer: Shall include any of the following: a. Travel Trailer: a vehicular portable structure built on a chassis, designed to be ' used as a temporary dwelling for travel, recreational, and vacation uses, and, when factory equipped for the roads, it shall have a body width not exceeding eight (8) feet, and a body length not exceeding thirty-two (32) feet. b. Pick-up Coach: a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation. c. Motor Home: a portable, temporary dwelling to be used for travel, recreation, and ' vacation, constructed as an integral part of a self-propelled vehicle. c. Camping Trailer: a folding structure of canvas or other material mounted on wheels and designed for travel, recreation, and vacation use. ' Trailer Park: A parcel or tract of land under single ownership which has been planned and Improved for this temporary placement of campers or trailers as a service to the traveling public. All trailer parks existing at the time of passage of this ordinance which do not meet the minimum requirements established for trailer parks by this ordinance shall be considered a non -conforming use. ' Use: A 'Use' is' a. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied, or; ' b. any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land. ' Use, Conditional: A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would preserve the intent of this ordinance to promote the public health, safety, morals, and general welfare. Specific provisions are made for condition- ' al uses which may be permitted in certain zones and the procedures for application are set out in Article VII, Section 8.05 of this ordinance. ARTICLE III. INTERPRETATION AND DEFINITION OF TERMS page 9 Variance: A variance is a relaxation of the terms of the zoning ordinance where such variance ' will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. In this ordinance, a variance is authorized only for height, area, and size of structure or size of yards and open space. The establishment or expansion of the use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non -conformities in the zoning district or uses in an adjoining zoning district. ' Yard: A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from thirty (30) inches above the general ground level of the graded lot ' upward, provided however that fences, walls, poles, posts, and other customary yard acces- sories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility or any other requirement of this ordinance, and further provided that customary accessory buildings may be located in any side or rear yard no ' closer than five (5) feet to any property line and subject to other limitations of this ordinance. a. Yard. Front: A yard extending between side lot lines across the front of a lot adjoining the public street. Depth of required front yard shall be measured at right angles to a straight line joining 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. Front and rear yard lines shall be essentially parallel. b. Yard, Rear: A yard extending across the rear of the lot between side lot lines. - ' Depth of a required rear yard shall be measured in such a manner that the yard established is s strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line. c. Yard, Side: A yard extending from the rear line of the required front yard to the ' rear yard. Width of'a required yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.. 11 ARTICLE IV. APPLICATION OF REGULATIONS SECTION 4.01. TERRITORIAL APPLICATION The provisions of this ordinance shall apply to all lands and structures and uses Within the jurisdiction of the Town as shown on .the "Official Zoning Map of Chocowinity, North Carolina.' ' SECTION 4.02. USE, OCCUPANCY AND CONSTRUCTION After the effective date of this ordinance, no building, structure, or land shall be used or oc- cupied, and no structure or part of a structure shall be constructed .except in conformity with all of the regulations specified for the district in which it is located. ' SECTION 4.03. HEIGHT, BULK, DENSITY, LOT COVERAGE, YARDS AND OPEN SPACES After the effective date of this ordinance, no building or other structure shall be erected or altered to exceed the height or bulk requirements of this ordinance; nor to accommodate a greater number of families than allowed by this ordinance; nor to occupy a greater percentage of lot area than allowed by this ordinance; nor to have narrower or smaller front yards, side yards, rear yards, or other open spaces than required by this ordinance; nor shall any building structure or land be used in any ' other manner contrary to the provisions of this ordinance. ' SECTION 4.04. COMPUTATION OF REQUIRED SPACES No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance, shall be included as ' part of a yard, open space, or off-street parking or loading space similarly required for any other building. ' SECTION 4.05. REDUCTION OF LOTS OR AREAS BELOW MINIMUM No yard or lots existing at the effective date of this ordinance shall be reduced in dimension or ' area below the minimum requirementg set forth in this ordinance. Yards or lots created after the effective date of this ordinance shall meet at least the minimum established by this ordinance. SECTION 4.06. CLASSIFICATION OF ADDED TERRITORY All territory not included under the provisions of this ordinance which are later added to the zoning jurisdiction of the Town shall be considered to be in R-3 Medium Density Residential classifica- tion until otherwise classified. 10 ARTICLE IV. APPLICATION OF REGULATIONS page 11 SECTION 4.07. ONE PRINCIPAL BUILDING ON ANY LOT ' Only one (1) principal building and its customary accessory buildings may be erected on any'lot except as authorized in the ordinance for Group Development in Section 7.05. ' SECTION 4.08. LOT ACCESS REQUIREMENTS ' All lots created after the passage of this ordinance must front on a publicly dedicated right-cf- way. No structure requiring a building permit shall be erected on any lot which does not abut either a public right-of-way or a private street or easement at least twenty (20) feet in width which was recorded by the County Register of Deeds prior to the effective date of this ordinance. SECTION 4.09. VISION CLEARANCE AT INTERSECTIONS ' On a corner lot which abuts a state or town maintained right-of-way in any district no planting, structure, fence, wall or other obstruction to vision more than three (3) feet in height shall be placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line connecting points on those street lines each of which is twenty-five (25) feet distance from the point of intersection. ' SECTION 4.10. WALLS AND FENCES The setback requirements of these regulation shall not prohibit any necessary retaining wall or ' prohibit any wall or fence. However, within or abutting any Residential District, no wall or fence shall exceed six (6) feet in height within a front or side yard and in any Business or Industrial District no fence shall exceed eight (8) feet in height. SECTION 4.11. STRUCTURE EXCLUDED FROM HEIGHT LIMITATIONS The height limits of these regulations shall not apply to a church spire, belfry, cupola and dome or ornamental tower not intended for human occupancy, monument, water tower, observation tower, transmission tower, chimney, smokestack, conveyor, flagpole, radio or television tower, mast or aerial, ' parapet wall not exceeding more than four (4) feet above the roof line of the building, and necessary mechanical appurtenances. SECTION 4.12. REDUCTION OF FRONT YARD SETBACK REQUIREMENTS ' In any Residential District, where the average setback distance for existing building on all lots located wholly or partly within two -hundred (200) feet of any lot, and within the same zoning district and fronting on the same side of the same street as that lot, is less than the minimum setback required in the zoning district, the setback n that lot may be less than the required setback, but not ' less than the existing average setback distance for all lots within the two -hundred (200) feet and in no case shall the setback be less than fifteen (15) feet. When lots within two -hundred feet (200) are vacant, those vacant lots shall be considered as having the minimum required setback for the purpose ' of computing an average setback distance. ARTICLE IV. APPLICATION OF REGULAITONS page 12 SECTION 4.13. REQUIRED BUFFERS In order to lessen the impact of incompatible land use, a visual buffer of six (6) feet or more in height shall be provided and maintained to separate those uses which are deemed to have a negative effect on residential or other area. When new business or industrial construction will abut an existing residential district or use, a buffer strip with a visual buffer shall be provided and maintained by the business or industrial use. In the event that new residential construction will abut existing business or industrial uses, the buffer strip and visual buffer will be provided by the residential developer and maintained by the lot owner(s). SECTION 4.14. STORAGE OF VEHICLES From and after the effective date of this ordinance, the keeping of unlicensed and/or uninspected vehicles is subject to the following restrictions: 1. In residential districts, the property owner shall have ninety (90) days to obtain license and/or inspection on the vehicle or remove it from the property. After ninety (90) days, action will be taken by the Town to bring the property into compliance. 2. In commercial districts, the property owner shall have one hundred and eighty (180) days to obtain license and/or inspection on the vehicle or remove it from the property. After one hundred eighty (180) days, action will be taken by the.Town. Exceptions to this regulation are vehicles actively under repair or restoration, authorized new or used vehicle sales operations, and commercial junkyard/salvage yard operations where permitted. iARTICLE V. NON -CONFORMITIES i iSECTION 5.01. INTENT Within the districts established by this ordinance or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments. It is the intent of this ordinance to permit ' these non -conformities to -continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance that non -conformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the ' same district. To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently. Actual construction is defined to include the placing of construction materials in a permanent position and fastened in a.permanent manner. Where excavation ' or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently. SECTION 5.02. REGULATION OF NON -CONFORMITIES ' A. Non -Conforming Lots of Record 1. In any district in which single-family dwellings are permitted, a single-family_ and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance, notwithstanding_ limitations imposed by other provisions of this ordinance. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. ' This provision shall apply even though the lot fails to meet the requirements for an area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of ' the lot shall conform to the regulations for the district in which the lot is located. Variance of yard requirements shall be obtained only through action of the Board of Adjustment as established in Article X of this ordinance. 2. If two or more lots or combinations of lots and portions of lots with continuous frontage i in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of that parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance. ' 13 ' ARTICLE V. NON -CONFORMITIES ' page 14 B. Non -Conforming Uses of Land Where, at the time of passage of this ordinance, lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, and where the use involves no individual ' structure with a replacement cost exceeding $1,000, the use may be continued so long as it remains otherwise lawful, provided: 1. No such non -conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; 2. No such non -conforming use shall be moved in whole or in part to any portion of the ' lot or parcel other than that occupied by the use at the effective date of adoption or amendment of this ordinance; 3. If.any such non -conforming use of land ceases for any reason for a period of more than thirty (30) days, any subsequent use of the land shall conform to the regulations specified by this ordinance for the district in which the land is located. 4. No additional structure not conforming to the requirements of this ordinance shall be erected in connection with any non -conforming use of land. ' C. Non -Conforming Structures ' Where a lawful structure exists at the effective date of adoption for amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, the structure may remain so long as it remains lawful, subject. to the following provisions: ' 1. No such non -conforming structure may be enlarged or altered in a way which increases its non -conformity, but any structure or portion thereof may be altered to decrease its ' non -conformity. 2. - Should such non -conforming structure or non -conforming portion of the structure be destroyed by any means to an extent of more than 75 percent of its replacement cost at a time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. 3. Should such structure be moved for any reason for any distance whatever,. it shall thereafter conform to the regulations for the district in which it is located after it is ' moved. 4. A non -conforming mobile home on an individual lot outside of a mobile home park may not be replaced except by a conforming mobile home or other dwelling. A non- conforming mobile home may not be enlarged or altered externally in any way. ' D. Non -Conforming Uses of Buildings or of Buildings and Premises in Combination ' If lawful use involving individual buildings with a replacement cost of $1,000 or more, or of building and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following ' provisions: 1 ' ARTICLE V. 1 4 3. 4. 5. NON -CONFORMITIES page 15 No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; Any non -conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for that use at the time of adoption or amend- ment of this ordinance, but o such use shall be extended to occupy any land outside such building; If no structural alterations are made, any non -conforming structure or use of structures may be changed to any conforming use, or, with the approval of the Town Board of Commissioners, to any use more in character with uses permitted in the district. In permitting such a change, the Board of Commissioners must find that the proposed use is more appropriate or equally as appropriate to the district as the existing non- conforming use and shall require appropriate conditions and safeguards necessary to ensure that the change is in keeping with provisions and spirit of this ordinance. Any structure, or structure and land in combination, in or on which a non -conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the non -conforming use may not thereafter be resumed; When a non -conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located; Where non -conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non -conforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction. Repairs and Maintenance 1. On any non -conforming structure or portion of a structure containing a non -conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bering walls, fixtures, wiring, or plumbing, to an extent not exceeding 10 percent of the current replacement cost of the non- conforming structure or non -conforming portion of the structure as the case may be, provided that the cubic content existing when it become non -conforming shall not be increased. 2. If a non -conforming structure or portion of a structure containing a non -conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and -is declared by the Building Inspector to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. 3. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of that official. t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ARTICLE V. NON -CONFORMITIES page 16 F. Uses Under Conditional Use Provisions Not Non-Conforminq Any use which is permitted as a conditional use in a district under the terms of this ordinance shall not be deemed a non -conforming use in such district, but shall without further action be considered a conforming use. ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS SECTION 6.01. R-1 LOW DENSITY RESIDENTIAL DISTRICT ' A. Intent The R-1 District is intended to encourage the development of permanent low- density residential neighborhoods. These districts are located primarily in areas which are protected from more ' intensive uses of the land. B. Permitted Uses ' The following uses shall be permitted by right: 1. Detached single-family dwellings ' 2. Duplexes 3. Customary accessory buildings including private swimming pools and tennis courts 4. Class A and B Mobile Homes on individual lots. C. Conditional Uses Permitted The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as provided in Article Vill. 1. Churches and cemeteries 2. Fire stations, schools, and other public buildings 3. Home occupations under the provisions of Section 7.07 4. Mobile home parks under the provisions of Section 7.04 5. Non-commercial amphitheaters on sites of not less than five (5) acres 6. Private clubs on sites of not less than two (2) acres including boat launching areas, golf courses, tennis courts, community centers, libraries, picnic areas, and concessions integral thereto provided that there is no open commercial activity and no sign other than a directional sign is allowed. 7. Public utility facilities (must provide a vegetated buffer strip at least ten (10) feet in height were the facility abuts a residential lot or use). 8. Townhouse developments under the provisions of Section 7.05 with a density of not ' more than three (3) dwelling units per acre. D. Dimensional Requirements for Low Density Residential Districts 1. Minimum lot size: 20,000 square feet Except that for a duplex unit lot size must be at least 30,000 square feet ' 2. Minimum lot width: 75 feet (measured at the building setback line) 3. Minimum front yard: 25 feet 4. Minimum side yard: 10 feet Except that the side yard adjacent to the street on a corner lot must be at least 20 feet. 17 ARTICLE VI. SCHEDULE OF DISTRICT REGULATONS page 18 5. Minimum rear yard: 25 feet 6. Maximum allowable lot coverage by principal use and all accessory structures: 30% 7. Height limitation: 35 feet SECTION 6.02. R-2 LIMITED LOW DENSITY RESIDENTIAL DISTRICT A. Intent The R-2 District is intended to provide a transition area where limited low density residential uses are encouraged. These districts are located between lower and higher intensities of land use and are generally served by a higher level of public facilities. B. Permitted Uses The following uses shall be permitted by right: 1. Detached single family dwellings 2. Customary accessory uses 3. Class A mobile homes on individual lots 4. Modular homes. C. Conditional Uses The following uses are permitted subject to the requirements of this district, additional regulations and requirements imposed by the Board of Commissioners as provided in Article Vill.. 1. Churches and cemeteries 2. Home occupations under provisions of Section 7.07 3. Duplex apartments: lot minimum size 30,000 square feet 4. Public utility facilities: subject to provision of a vegetated buffer strip at least ten (10) feet in height. 5. Group developments under the provisions of Section 7.05 with a density of not more than three (3) dwelling units per acre Dimensional Reouirements for R-2 Limited Low Densitv Residential District 1. Minimum lot size: 20,000 square feet 2. Minimum lot width: 75 feet 3. Minimum front yard: 20 feet 4. Minimum side yard: 10 feet, except corner lot side adjacent to street must be 20 feet. 5. Minimum rear yard: 20 feet 6. Maximum allowable lot coverage by principal use and all accessory structures: 30% 7. Maximum height: 35 feet ARTICLE VI. SECTION 6.03. A. 1 C. 10 Intent SCHEDULE OF DISTRICT REGULATIONS page 19 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT The R-3 District is intended to encourage the development of permanent moderate density residential neighborhoods. These districts are generally served by a higher level of public facilities including, at a minimum, public water, paved streets, and storm drainage. Permitted Uses The following uses shall be permitted by right: 1. Detached single-family dwellings 2. Customary accessory buildings including private swimming pools 3. Modular Homes Conditional Uses Permitted The following uses are permitted subject to the requirements of this district, additional regulations and requirements imposed by the Board of Commissioners as provided in Article Vill. 1. Churches and cemeteries 2. Fire stations, schools, 'and other public buildings 3. Home occupations under the provisions of Section 7.07 4. Private clubs on sites of not less than two (2) acres including tennis courts, community centers, libraries, picnic areas, and concessions integral thereto provided that there is no open commercial activity and no sign other than a directional sign is allowed. 5. Public utility facilities (must provide a vegetated buffer strip at least ten (10) feet in height where the facility abuts a residential lot or use). Dimensional Requirements for R-3 Medium Density Residential District 1. Minimum lot size: 20,000 square feet. Except that if served by an approved public or community water and sewage disposal system, lot size may be reduced to 10,000 square feet. 2. Minimum lot width: 50 feet 3. Minimum front yard: 15 feet 4. Minimum side yard: 10 feet Except that a side yard adjacent to the street on a corner lot must be at least 15 feet 5. Minimum rear yard: 20 percent of lot depth. Except that no rear shall be required to exceed 20 feet in depth 6. Maximum allowable lot coverage by principal use and all accessory structures: 30 percent 7. Height limitation: 35 feet ' ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS page 20 SECTION 6.04 MOBILE HOME RESIDENTIAL DISTRICT ' A. Intent The Mobile Home Residential District .is intended to allow the development of mobile. home parks in the corporate limits while maintaining a reasonable population density and by providing unique requirements for this type of development. To this end, the site ' development and arrangement in relation to other areas together with the provision of associated facilities shall be an important consideration in achieving an attractive residential environment of sustained desirability. B. Permitted Uses The following shall be permitted by right: 1. Mobile homes equipped with a water flushed toilet, lavatory, and bath or shower facilities 2. Customary Accessory Use. Accessory building and uses in association with the permitted dwellings including: a. A permanent dwelling for one (1) family, office and maintenance facilities for the operators of the Mobile Home Park. b. Such other facilities including recreation as may be provided for the use and amenities of the occupants of the Mobile Home Park C. Conditional Uses Permitted The following use is permitted subject to the requirements of this district, additional regulations and requirements imposed by the Board of Commissioners as provided in Article Vill. 1. Home occupations under the provisions of Section 7.07, Article VII. D. Dimensional Requirements for MHR Mobile Home Residential District 1. SECTION 6.05. 1 A. Intent Refer to Section 7.04-13 (1-16), Article VII for Dimensional Requirements. B-1 GENERAL COMMERCIAL DISTRICT ' The B-1 District is establish to provide for a commercial trade and services area for the Town. These regulations are designed to encourage the continued use of land for commercial purposes and to permit concentrated development of the district while maintaining a substantial relationship between the intensity of land use and the capacity of utilities and streets. ' ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS page 21 ' B. Permitted Uses The following uses shall be permitted by right: ' 1. Office including: a. business, financial, governmental and medical. 2. Retail stores including: ' a. groceries, drugs, notions, fish, meat, clothing, antiques, hardware, upholstery, paints, furniture, plumbing fixtures, appliances, radio and television, gunshops and mobile home sales. 3. Services a. motels, banks, barber and beauty shops, shoe repair, laundry and dry cleaning, repair and storage of automobile and trucks, radio and television broadcasting stations and towers, daycare nursery, service stations, and restaurants. ' 4. Apartment units only on the second floor of principal buildings containing a permitted or conditional use. 5. Customary Accessory Uses and Structures ' C. Conditional Uses The following uses and possible others shall be permitted subject to the requirements of this ' district and additional regulations and requirements imposed by the Board of Commissioners as' provided in Article Vill. Including, but not limited to: ' 1. Public utility facilities 2. Churches and cemeteries 3. Fire stations, schools, and other public buildings 4. Group Development under the provisions of Section 7.05 D. Dimensional Requirements for Business Lots in the General Business District 1. 2. 3. 4. SECTION 6.06. A. Intent Minimum lot size: Commercial lots shall be of sufficient size to meet the requirements of the County Health Department unless served by public water and sewer and to provide adequate siting for structures. In addition, a visual buffer is required where a commercial use or zone abuts a residential use or zone. Maximum height of the B-1 District will be 35 feet. Minimum front yard shall be ten (10) feet, except where sidewalks are provided. Minimum side yard shall be eight (8) feet, except if a common wall exists between buildings, no side yard shall be required. B-2 HIGHWAY COMMERCIAL DISTRICT The B-2 District intent is to provide for and encourage the proper grouping and development of roadside uses which will best accommodate the needs of the motoring public and the reduction of highway congestion. ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS page 22 B. Permitted Uses ' The following shall be permitted by right: 1. All uses permitted in the General Business District ' 2. Drive-in restaurants 3. New and used car sales 4. Amusement places, including open air drive-in theaters 5. Television and radio broadcast towers 6. Heavy and farm equipment sales and service 7. Automobile parts and accessories 8. Veterinaries and kennels, subject to buffer requirements ' 9. Building material sales 10. Boat and marine sales ' 11. 12. Nursery and garden stores Nursing homes C. Conditional Uses The following and possible other uses shall be permitted subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as ' provided in Article Vill. 1. Public utility facilities 2. Church and cemeteries ' 3. Fire stations, schools, and other public buildings 4. Group Development under the provisions of Section 7.05 5. Junkyards D. Dimensional Requirements for B-2 Highway Commercial Districts 1. Minimum lot width shall be seventy-five (5) feet with a minimum lot depth of.one- hundred twenty (120) feet. 2. Minimum front yard depth shall be forty (40) feet from the right-of-way of the street. ' The first fifteen (15) feet from the property line shall be developed for sidewalk, grass and plants, and shall not be used for any purpose except for the necessary drives and walks and shall not include off-street parking. 3. No side yard shall be required except where a lot abuts a residential district, a fifteen ' (15) foot side yard and buffer shall be required. In other cases where a side yard, not required is provided, it shall be at least three (3) feet in width. 4. No sidewall is required if a commercial building is constructed with a common wall. ' 5. No portion of any entrance driveway leading from a public street shall be closer than twenty (20) feet to the corner of any intersection measured from the right-of-way line. 6. The width of any entrance driveway leading from the public street shall not exceed ' thirty-six (36) feet at its intersection with curb or street line. No two (2) driveways leading from a public street shall be within twenty (20) feet of each other measured along the full height of the curb. ' ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS page 23 1 ' 7. On any corner lot there shall be no planting, structure, fence or other obstruction to visibility within the range of three (3) to seven (7) feet above level within twenty-five (25) feet of the intersection of any two (2) right-of-way lines. SECTION 6.07. LI LIGHT INDUSTRIAL DISTRICT A. Intent The light industrial district is intended to create and protect areas for those industrial .uses which do not create excessive noise, odor, smoke, dust, and which do not possess other objectionable characteristics which might be detrimental to surrounding neighborhoods or to the other uses permitted in the district. ' B. Permitted Uses 1. 2. Air conditioning and heating equipment manufacturing Amusement, recreational and sporting good manufacturing 3. Animal hospitals 4. Apparel and clothing manufacturing, including hosiery ' 5. Assembly halls, armories, coliseums, ballrooms ,and similar structures 6. Auction sales, except livestock 7. Automobile parking lots and structures 8. Automobile parts and accessories manufacturing 9. Bakeries, and other establishments manufacturing prepared food products for wholesale distribution 10. Building materials storage and sales yards, provided all open storage is fenced by a solid fence not less than six (6) feet in height 11. Business machines manufacturing 12. Business signs provided such are not located within fifty (50) feet of any residential district 13. Cabinet, casket, woodworking and upholstery shops 14. Coffee, tea,and spices processing ' 15. Contractors' offices and storage yards, provided all open storage is fenced by a solid fence not less than six (6) feet in height 16. Dairy products processing and distributing facilities 17. Drugs, medicines, and cosmetics manufacturing 18. Dry cleaning and laundry plants ' 19. Electrical appliances and electronic equipment manufacturing 20. Electrical supply houses and repair shops 21. Exterminators 22. Felt and sandpaper manufacturing 23. Flour and feed mills 24. Freezer lockers and ice plants 25. Greenhouses and horticultural nurseries ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS page 24 26. Hardware and housewares manufacturing 27. Heating and refrigeration shops 28. Industrial supplies and equipment, sales and service, provided all open storage is fenced by a solid fence not less than six (6) feet in height 29. Industrial trade schools and research laboratories 30. Laboratories for research and testing of products, the manufacturing or processing of which is permitted in this district 31. Leather products, including luggage and shoe manufacturing 32. Light machine tool manufacturing 33. Machine and welding shops 34. Mobile home manufacturing and on -site display and sales 35. Monument works and sales 36. Motorcycle, lawnmowers, and power saw sales and service 37. Musical instrument manufacturing 38. Offices pertaining to any permitted use 39. Oil cloth and linoleum manufacturing 40. Pickle processing 41. Plumbing and heating supply houses, provided all storage is fenced by a solid fence not less than six (6) feet in height 42. Pottery, porcelain or vitreous china manufacturing 43. Precision instruments and jewelry manufacturing 44. Printing, engraving and publishing establishments 45. Public safety facilities such as fire and police stations and rescue squad 46. Public works and public utility facilities, including service and storage yards, provided they are fenced by a solid fence not less than six (6) feet in height 47. Rodenticides, insecticides, and pesticides manufacturing 48. Service' stations, including major repair work, provided that all gasoline pumps shall be located at least twelve (12) feet behind the property line 49. Sign painting and fabricating shops 50. Tire recapping shops 51. Trailer manufacturing 52. Trucking terminals 53. Vinegar and yeast manufacturing 54. Wholesale and warehousing establishments, except for the storage of dangerous or offensive items such as uncured hides and explosives 55. Wholesale storage of gasoline and oil products, including bottled gas and oxygen 56. Windows and doors manufacturing 57. Customary accessory uses and structures, including open storage, provided the area devoted to open storage is enclosed by a fence at least six (6) feet in height 58. Belting and brake linings, manufacturing 59. Boat and trailer works and sales 60. Bookbinding 61. Bottling works 62. Bowling alleys and skating rinks ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS page 25 C. Conditional Uses Permitted The following uses and possible others are permitted subject to the requirements of this district and any additional regulations and requirements imposed by the Board of Commissioners as provided in Article Vill. ' 1. Manufacturing uses not otherwise named herein which come with the spirit or intent of this Zoning Ordinance. ' 2. Junkyards D. Dimensional Requirements for LI Light Industrial Districts 1. Minimum lot area shall be one (1) acre 2. Minimum lot width shall be two hundred (200) feet 3. Minimum front yard shall be fifty (50) feet ' 4. Minimum side yard on each side of every principal building shall be fifteen (15) feet 5. Minimum required rear yard shall be twenty (20) feet 6. The total ground area covered by the principal building and all accessory buildings shall not exceed forth percent (40%) of the total lot area 7. No building shall exceed fifth (50) feet in height unless the depth of the front and total width of the side yards herein shall be increased by one (1) foot for each two (2) feet, or fraction thereof, of building height in excess of fifty (50) feet ' 8. Buildings constructed or converted to uses permitted in this district shall provide off-street loading and unloading space as required in Section 7.01(D) of this ordinance. ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS SECTION 7.01. OFF-STREET PARKING REQUIREMENTS At the time of erection of any structure, or at any time any structure is enlarge or increased in capacity by adding dwelling units, guest rooms, seats or floor area, or before conversion from one zoning use or occupancy to another, permanent off-street parking space shall be provided according to the requirements of this ordinance. A. General Provisions 1. Each parking space shall have a minimum length of twenty (20) feet and a minimum width of ten (10) feet. It shall have vehicular access to a publicly dedicated street. 2. With the exception of required spaces for single-family and two-family dwelling units, sufficient maneuvering space shall be provided so that no vehicle will be required to back into the public right-of-way. 3. No parking space for multi -family residential use shall be located in the required front yard. 4. Required off-street parking spaces are permanent areas and shall not be used for any other above -ground purpose. Removal or elimination of a required parking space shall immediately revoke the occupancy permit of the use for which the parking space is required. 5. For uses not specifically mentioned, off-street parking requirements shall be applied by the Zoning Administrator based upon requirements for similar uses listed in this ordinance. 6. All space requirements which are based upon employment shall be computed on the basis of the greatest number of persons on duty at any one period during the day or night. 7. Each application for a zoning permit or certificate of occupancy submitted to the Zoning Administrator shall include information as to the location and dimensions of off- street parking and loading space and the means of ingress and egress to such space. This information shall be in sufficient detail to enable the Zoning Administrator to determine whether or not the requirements of this Section are met. 8. The required space for any number of separate uses may be combined in one lot but the required space assigned to the use may not be assigned to another use, except . that one-half of the parking space required for churches, theaters, or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sundays. 9. In any district except Residential, If the off-street parking requirement cannot be reasonably provided on the same lot on which the principal use is located, the space may be provided on any land within four hundred (400) feet of the main entrance to the principal use. That land shall be used solely to meet the parking requirement so long as no other provisions of parking space meeting the 26 ' ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS tpage 27 requirements of this ordinance have been made for the principal use. In such cases, the applicant shall submit with his application for a building permit an instrument duly executed and acknowledged, which subjects the land to parking use in connection with the specified use for a period of twenty (20) years with an option for renewal for an ' additional period of twenty (20) years. The applicant shall cause the instrument to be registered in the Office of the County Register of Deeds. 10. Off-street parking space required by a use permitted in any Residential district shall be provided on the same lot with the use by which it Is required. Off-street parking space ' in conjunction with commercial and industrial uses in other districts shall not be permitted in a Residential District. ' B. Requirements for Parking Lots Where parking space for five (5) or more cars is provided or required, the following provisions shall be complied with: 1. - Yards: No parking lot shall be located closer than five (5) feet to a public right-of-way. The area between the parking lot and street right-of-way shall be planted and ' maintained in lawn or other.appropriate planting, or shall be improved otherwise as approved in site plan review. 2. Curb Bumpers: The required front and side yards shall be set off from the. parking ' area by a fixed curb of masonry or wood, not less than six (6) inches or more than two (2) feet high. 3. Lighting: Any lighting shall be so arranged as to direct the light and glare away from streets and adjacent property. ' 4. Surfacing: All parking lots shall be provided and maintained with a paved or gravel surface and with drainage facilities adequate to provide safe and convenient access in all weather conditions. ' 5. Drainage: Parking lot shall not drain onto or across public sidewalks, or into adjacent property except into a natural water course or a drainage easement. 6. Markings: Each parking space shall be marked off and maintained so as to be distinguishable. 7. Entrances: On all corner lots, no vehicular openings shall be located at closer than fifteen (15) feet from the point of intersection of the established street right-of-way lines. No entrance or exit on any lot shall exceed thirty (30) feet in width at the property line, ' or forty (40) feet at the curb line. There shall be a minimum distance between one-way driveways of twenty-five feet.measured along the curb line. B. Internal Circulation: The internal circulation plan of parking lots shall be approved by the Zoning Administrator. ' ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS page 28 C. Minimum Parking Requirements: The number of off-street parking spaces required by this section shall be provided on the same lot with the principal use except as provided in subsection (A)(9) above, and the required ' number of off-street parking spaces specified for each use shall be considered as the absolute minimum. Accessory buildings shall be included with principal buildings in measurement of gross floor area for determining parking requirements. Gross floor area shall be measured from ' the outside walls of all structures. Where a fraction of a space is required by this ordinance, the next whole number shall be provided. In addition, a developer shall evaluate his own needs to determine if they are greater than the minimum specified by this ordinance. 1. Residential and Related Uses Required Parking rSingle-family detached dwelling Two (2) parking spaces for each units and townhouses: dwelling unit. ' Multi -family residence, group 1.5 parking spaces on the same housing projects and condominiums: lot for each unit. Hotel, tourist home, motel, motor 1.25 parking spaces for each court, rooming or boarding house: room to be rented plus one (1) additional parking space for each three (3) employees. Doctor's or dentist's office in own residence: Home occupation: Three (3) parking spaces per doctor in addition to residence requirements. One (1) parking space for each employee in addition to residence requirements. 2. Public and Institutional Uses Required Parking Hospital: One (1) parking space for each two (2) beds intended for patient use, one (1) space for each resident physician and one (1) space for each two (2) employees. Clinic: Ten (10) parking spaces minimum plus five (5) parking spaces for each doctor assigned plus one (1) parking space for each employee. 1 ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS page 29 Public and Institutional Uses Required Parking ' Nursing home: One (1) parking space for each five (5) beds intended for patient use, and one (1) space for each three (3) employees. Churches: One (1) parking space for each four (4) seats in sanctuary. Elementary School and One (1) parking space for each Junior High School: classroom and administrative office. ' Senior High School: One (1) parking space for each five (5) students for which the building was designed plus one (1) ' parking space for each classroom and administrative office. Stadium: One (1) parking space for each three (3) seats. Auditorium or One (1) parking space for each ' Amphitheater: three (3) seats. Public or Private Clubs: One (1) parking space for each two hundred (200) square feet of gross floor space. , ' Public Utility Buildings: One (1) parking space for each employee. With customer service facilities, a minimum of five ' (5) additional spaces. ' 3. Retail and Office Uses Required Parking General or professional offices One (1) parking space for each ' and banks (other than doctors, two hundred (200) square feet of dentists. See Clinic req.): gross floor space plus one (1) space for each two (2) employees. ' Roadside stands, plant nurseries, Minimum of five (5) parking spaces outdoor concessions, sightseeing and one (1) parking space for rides, automobile sales lots and each five hundred (500) square ' similar activities involving feet of gross ground area outdoor display of merchandise exclusive of the area required or services: for parking. IARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS page 30 Retail and Office Uses Required Parking Marinas and boat rentals: One (1) parking space for each boat slip or rental unit and one (1) space for each employee on the largest shift. Restaurant, cafe, or public eating place: Drive-in restaurant or refreshment stand: Furniture, appliance ' and grocery store: Indoor entertainment facilities including bowling alleys, dance halls, skating rinks, amusement arcades and similar facilities: Outdoor entertainment facilities including amusement parks, miniature golf courses and similar facilities: Theaters: Funeral homes: Retail uses not otherwise listed: One (1) parking space for every three (3) customer seats, plus one (1) additional parking space for each three (3) employees. Thirty (30) parking spaces in addition to the requirements for a restaurant, cafe, or public eating place. One (1) parking space for each five hundred (500) square feet of gross floor area. One (1) parking space for each one hundred (100) square feet of gross floor area and one (i) additional space for each two (2) employees. One (1) parking space for each one hundred (100) square feet of gross ground area exclusive of the area required for parking and buffering and one (1) additional space for each two (2) employees. One (1) parking space for each three (3) seats in the auditorium. On (1) parking space for each four (4) seats in the chapel or parlor. One parking space for each two hundred (200) square, feet of gross floor area, plus one (1) for each employee. ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS ' page 31 4. _Wholesale Uses and Warehouses Required Parking Wholesale uses: One (1) parking space for each employee on the largest shift. ' Industrial use: Two (2) parking spaces for each three (3) employees on the ' largest shift. D. Off -Street Loadin Where off-street loading space is required under the dimensional requirements of a particular district, one or more loading berths shall be provided for standing, loading and unloading ' operations either inside or outside a building and on the same or adjoining premises with every building erected after the enactment of this ordinance in accordance with the requirements of the following table. A loading berth shall have minimum plan dimensions of twelve (12) feet by twenty-five (25) feet and a fourteen (14) foot overhead clearance. A loading space need not be necessarily a full berth but shall be sufficient to allow normal loading and unloading operations appropriate to the property served. The Zoning Administrator shall determine the sufficiency of loading space but In no case shall the use of such space hinder the free movement of vehicles and pedestrians over a street, sidewalk. ' Use Classification Space Requirements Retail operation, including One (1) loading berth for every restaurant and dining facilities 20,000 square feet of floor within hotels and office area. buildings, with a total usable floor area of 20,000 square feet or more devoted to that purpose. Retail operations, and all A loading space (not necessari- first floor non-residential uses, ly a full berth) as defined in with a gross floor area of less this Section next above. ' than 20,000 square feet and all wholesale and light industrial operations with a gross floor area of less than 10,000 square feet. Office buildings and hotels with One (1) loading berth for every ' a total usable area of 100,000 10,000 square feet of floor square feet or more devoted to area. such purposes. ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS ' page 32 ' Use Classification Space Requirements Industrial and wholesale Minimum number of loading berths operations with a gross floor required: area of 10,000 square .feet or over and as follows: ' 10,000 - 40,000 square feet --- 1 40,000 - 100,000 square feet ----- 2 100,000 - 160,000 square feet --- 3 ' 160,000 - 240,000 square feet — 4 240,000 - 320,000 square feet ----- 5 320,000 - 400,000 square feet ---- 6 ' Each 90,000 square feet above 400,000 square feet ----- 1 SECTION 7.02. REGULATIONS GOVERNING SIGNS ' A. Definition 1. For the purposes `of this ordinance,a sign is any surface, fabric or device bearing lettered, pictorial or sculptured matter designed to convey information visually and exposed to public view, or any structure, including billboard or poster panels designed ' to carry visual Information. However, the following shall not be included in .the application of these regulations: a. Signs not exceeding one (1) square foot in area and bearing only property numbers, post box number, names of occupants or premises, or other identification of premises not having commercial connotations; b. Flags and insignia of any government except when displayed in connection with commercial promotion; C. Legal notices, identification, informational, or directional signs erected or required by governmental bodies or public utilities; ' d. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights; e. Signs directing and guiding traffic and parking on private property but bearing no advertising matter. IARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS page 33 ' 2. Signs are defined as either on -site signs or off -site sign. a. An on -site sign is one relating in its subject matter to the premises on which it ' is located, -or to products, services, accommodations, or activities on those premises. b. An off -site sign is ady sign other than on -site sign including signs erected for ' the provision of outdoor displays or display space as a business on a lease or rental basis. ' B. Number and Area For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form ' a unit. Where matter is displayed in a random manner without organized relationship of elements, each element shall be considered to be a single sign. ' The surface area of a sign shall be computed as including the entire area within a regular geometric form or combination of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural ' members not bearing advertising matter shall not be included in computation of surface area. The area of a double-faced sign shall be the area of one face of the sign, provided that the two faces are of the same size and are parallel to one another with no more than twenty-four (24) inches between each sign face. C. Permit Required ' No sign shall hereafter be erected or attached. to, suspended from, or supported on a building or structure nor shall any existing sign be structurally altered, remodeled or relocated until a permit has been issued by the Zoning Administrator. No permit is required for signs enumera- ted in Subsection H. 1 D. Material and Design ' All signs shall be constructed and designed according to 'generally accepted engineering practices, to withstand wind pressures and load distribution as specified in Section 804 of the North Carolina Building Code, 1958, as amended. ' E. Inspection Required Each sign may be subject to an annual inspection by the Zoning Administrator for the purpose ' of assuring that the structure is maintained in a safe condition. The fee for the annual inspection shall be in accordance with a regularly adopted fee schedule of the Town. When a sign becomes structurally unsafe, the Zoning Administrator shall give written notice to the owner ' of the sign or the owner of the premises on which the sign is located, that the sign shall be made safe or removed within ten (10) days of receipt of notice. IARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS page 34 ' F. Illuminated Signs All signs in which electrical wiring and connections are to be used shall require a permit and ' shall comply with the North Carolina Electrical Code and be approved by the Zoning Ad- ministrator. ' G. Prohibited Siqns 1. No sign may be erected or maintained which is a copy or imitation of an official highway sign and carrying the words 'STOP' or "DANGER' No sign shall be erected ' or maintained which involves flashing or intermittent red, green, amber, or blue illumination or resembles a traffic control signal or sign. 2. No sign may obstruct corner visibility or visibility at a driveway between a height of two ' (2) feet and ten (10) feet. 3. No sign may be posted on any telegraph, telephone, or electrical light poles or on any tree along any street except for approved street name signs. 4. No sign may obstruct ingress and egress to any window, door, fire escape, stairway, ' ladder or opening intended to provide light, air, ingress or egress for any room or building as required by law. 5. No sign may violate any provision of any law of the State of North Carolina relative to ' outdoor advertising. 6. No sign may be erected which contains, employs, or utilizes lights or lighting which rotates, flashes, - moves or alternates except for otherwise approved time or temperature signs. ' 7. No sign may be located within a public right-of-way or within thirty (30) feet of the center line of any public thoroughfares. ' H. Signs Permitted in Residential Districts 1. An indirectly lighted name plate or professional sign not over four (4) square feet in ' area may be permitted with an approved home occupation. 2. Temporary real estate signs, not exceeding four (4) square feet in area, directing the way to premises which are for sale, rent, or lease, provided such signs shall be neatly painted or printed and shall be removed promptly when the property has been sold, ' rented, or leased. 3. Directional signs not over four (4) square feet in area indicating the location of churches, schools, hospitals, parks, scenic or historic places, or other places of general ' interest. Any such sign and mounting shall not exceed three (3) feet in total height. 4. One name sign or bulletin board not exceeding twelve (12) square feet for any permitted church, school, or other non-commercial institution. The sign or board may be directly lighted and shall be set back at least fifteen (15) feet from the property line. ' 5. Temporary real estate signs, not exceeding six (6) square feet in area, advertising the sale, rent or lease of the premises on which located. However, these signs shall not - be less than fifteen (15) feet from any street or lot line, shall not be illuminated, shall ' be neatly painted and maintained, and shall be removed promptly when the property has been sold, leased or rented. ' ARTICLE VII. 1 k u C1 7. 8. R) GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS . page 35 Temporary non -illuminated signs not exceeding six (6) square feet in area advertising the general contractor, contractor, subcontractor, architect, landscape architect or other such professional persons or organizations engaged in or associated with ine lawful construction, alteration, remodeling, or demolition .of any building or use.' However, these signs shall be limited to one for each organization involved and shall be set back from the property line at least fifteen (15) feet and shall be removed within thirty (30) days after the complet;on of the general contract. A sign not to exceed two (2) square feet in area announcing the name, owner, or location of a dwelling. Non -illuminated signs announcing the name of a subdivision or group housing project located on the premises at major entrances. However, these signs must be neatly constructed and maintained, limited to announcing only the name of the subdivision or group housing project and must not obstruct corner visibility. Direction signs in parking lots if required by Section 7.01 of this ordinance. Signs Permitted in the B-1 General Business District 1. On -Site Signs For each lot, in business use, one (1) square foot of business sign area for each two (2) lineal feet of frontage on a public right-of-way may be allowed. However, the total sign area for any single lot may not exceed forty (40) square feet in area The sign area may be in single or in a combination. of signs subject to the following limitations: a. One (1) free standing sign per lot may be located either temporarily or permanently on the ground and shall not exceed forty (40) square feet in area and shall not exceed twenty (20) feet in height above street grade. For a lot which has frontage on more than one public right-of-way there may be two (2) signs, neither of which may exceed forty (40) square feet in area. b. Window signs shall be placed only inside a commercial building and shall not exceed twenty-five percent (25%) of the glass area of the pane upon which the sign is displayed. C. Projecting signs may project from the building over the street right-of-way, alley or other public space provided the sign does not exceed beyond a vertical plane twenty-four (24) inches inside the curb line. The bottom clearance of such signs shall be at least ten (10) feet above the finished grade of the sidewalk along the street and at least fourteen (14) feet above grade at alleys and corners. d. Wall signs placed against the exterior walls of buildings shall not extend more than six (6) inches beyond the building wall surface and shall not exceed twenty percent (20%) of the exposed finished wall surface area including openings. e. Temporary signs having detachable lettering may be allowed by permit for no more than thirty (30) days at a time for purposes of announcing special occasions or events. Signs in which electrical wiring or connections are used must be approved by the zoning administrator. 1 ARTICLE VII. I 2. Off -Site Signs None permitted. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS page 36 Signs Permitted in the B-2 Highway Commercial District 2. SECTION 7.03 On -Site Signs For each lot, in business use, two (2) square feet of business sign area for each lineal foot of frontage on a public right-of-way may be allowed. However, the total sign area for any single lot may not exceed a total of three hundred (300) square feet. No single sign may exceed one hundred twenty-eight (128) square feet in area. The sign area may be in a single or In a combination of signs subject to the following limitations: a. Wall signs placed against the exterior walls of building shall not extend more than six (6) inches beyond the building wall surface and shall not exceed twenty percent (20%) of the exposed finished wall surface area including openings. b. One (1) free standing sign per lot may be located either temporarily or permanently on the ground but shall not exceed sixty four (64) square feet in area and shall not exceed twenty (20) feet in height above street grade. For a lot which has frontage on more than one public right-of-way there may be two (2) signs, neither of which' may exceed sixty-four (64) square feet in area. C. Window signs shall be placed only inside a commercial building and shall not exceed twenty-five percent (25%) of the glass area of the pane upon which the sign is displayed. d. Proiecting signs may project from the building over the street right-of-way, alley or other public space provided the sign does not extend• beyond a vertical plane twenty-four (24) inches inside the curb line. The bottom clearance of such sign shall be at least ten (10) feet above the finished grade of the sidewalk along the street and at least fourteen (14) feet above grade at alleys and corners. e. Temporary signs with detachable lettering may be allowed by permit for no more than thirty (30) days at a time for purposes of announcing special occasions or events. Signs in which electrical wiring or connections are used shall be approved by the zoning administrator. Off -Site Signs None permitted. OUTDOOR LIGHTING ' Outdoor lighting for yards, signs, advertising structures, parking lots and other areas must be oriented or shielded so that the light and glare reflects away from streets and adjacent property. ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS page 37 SECTION 7.04 REGULATIONS, GOVERNING MOBILE HOME PARKS ' A. General Regulations 1 1 1. Location and Maintenance of Mobile Home Parks No person may maintain, operate or occupy a mobile home park within the zoning jurisdiction of the Town unless the park meets the requirements of this ordinance.. If three (3) or more mobile homes are located on the same undivided lot or tract of land, they must meet the requirements of this section. 2. Application for Mobile Home Park Permit Application for a permit to develop, operate, alter or maintain a Mobile Home Park shall be made to the Zoning Administrator under the provisions of Section 9.05. The application for a permit shall include the following: a. A plan for the general layout of the park containing the information required below: 1) The area to be used for the park showing property lines and adjacent zoning and land use; 2) Driveways, entrances, exits, roadways and walkways; 3) Location of mobile home spaces and buildings; 4) Location and quantity of proposed sanitary conveniences, including proposed toilets, washrooms, laundries, recreation and utility rooms; 5) Method and plan of sewage disposal; 6) Location and quantity of refuse containers; 7) Plan of water supply; and 8) Plan of electric lighting. b. Plans and specifications for any building to be constructed on the site. C. Further information may be required by the Zoning Administrator or County Health Department to enable them to determine if the. proposed park will comply with the regulations of this ordinance and their applicable laws. 3. Sanitary Facilities, Water Supply, Sewerage, Refuse Disposal and Utilities In every mobile home park and related permanent building, all installations of plumbing and electrical wiring, and all gas and oil appliances shall comply with the provisions of the building, plumbing and electrical, heating and gas ordinances and codes and any other applicable regulations of the Town. In addition, the following requirements must be met: a. Each mobile home space shall be provided with plumbing and electrical connections ' ARTICLE VII. I a. 4. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS page 38 b. Water supply - A supply of pure running water for domestic purposes, from a source approved by the County Health Department shall be provided for every park. The water supply for each mobile home shall be obtained only from approved connections located on each mobile home space or inside each mobile home. C. Sewage Disposal - Every park shall be provided with an adequate sewage disposal system constructed in compliance with the regulations of the County Health Department. All sewage wastes from each park including wastes from toilets, and toilet room, showers, lavatories and wash basins and wastes from refrigerator drains, washing machines, sinks or faucets in mobile homes or on mobile home spaces shall be piped in the park sewage disposal system. All sewage wastes from every trailer equipped with its own toilet facilities shall be piped into the park sewage disposal system. d. Refuse Disposal - All garbage and refuse in every park shall be stored in suitable watertight and fly -tight receptacles in accordance with County Health Department requirements. Registration It shall be the duty of the operator of the mobile home park to keep an accurate register containing a record of all mobile homes or trailers, owners, and occupants of the park. The register shall contain the following information: a. Name and address of owner and each occupant; b. License number and state of issue of each licensed vehicle; C. Space number in which the mobile home or trailer is parked; d. Date of entering park; e. Date of leaving park. Specifications for Mobile Home Parks 1. Every mobile home park shall be at least one (1) acre in area. 2. The amount of land for each individual mobile home space shall be determined by the Zoning Administrator after an investigation of soil conditions, the proposed method of sewage disposal, and proposed water'system. However, in no case shall the size of a mobile home space be less than four thousand (4,000) square feet. 3. Each mobile home space shall be at least forty (40) feet wide and clearly marked. There shall be at least fifteen (15) feet clearance between mobile homes including mobile homes parked end -to -end. No mobile home shall be located closer than fifteen (15) feet to any building within the park, within fifteen (15) feet of any exterior boundary line of the park and no closer than fifteen (15) feet to the edge of any interior street. 4. All mobile home spaces shall abut upon an interior drive of no less than twenty (20) feet in width, which shall have unobstructed access to a public street or highway. It is the intent of this section that individual mobile home spaces shall not have un- obstructed access to public streets or highway except through an interior drive. All interior drives shall be graded and maintained so that they are passable in all weather. ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS page 39 5. Dead end drives shall not exceed one thousand (1,000) feet in length. Any interior street designed to be permanently closed shall have a turnaround at the closed end. 6. Drives shall intersect as nearly as possible at right angles, and no drive shall intersect at less than seventy-five degrees (750). Where a drive intersects a public street or highway, the design standard of the North Carolina Department of Transportation shall apply. 7. Suitable vehicular access for fire fighting equipment, delivery of fuel, removal of refuse, parking and removal of.mobile homes and for other necessary services shall be provided. 8. All mobile home parks shall have one (1) or more recreation area with a minimum size of twenty-five hundred (2,500) square feet which shall be easily accessible to all park residents. Additional recreation space shall be based upon a minimum of two hundred (200) square feet for each mobile home space within the park. Recreational area shall be located to be free of traffic hazards and should, where topography permits, be centrally located. 9. Parking space sufficient to accommodate at least two (2) automobiles shall be located on each mobile home .space. 10. No mobile home park shall be located on ground that is subject 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 to prevent erosion. 11. The mobile home park shall have a visual buffer such as shrubbery or fencing not less than six (6) feet in height between the park and any adjacent residential uses other than mobile homes. ' 12. The area of the mobile home space shall be improved to provide an adequate foundation for the placement of the mobile home as required by the North Carolina Building Code. 13. Each mobile home shall be securely anchored in accordance with the North Carolina Building Code Standards for hurricane areas. 14. 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. 15. Management - IN each mobile home park, the permittee or duly authorized attendant or caretaker shall be in charge at all times to keep the mobile home park, its facilities, and equipment in a clean, orderly, safe and in .a sanitary condition. 16. Non -Conforming Mobile Home Parks - Existing mobile home parks which provide mobile home spaces having a width or area less than that herein described may continue to operate with spaces of existing width or area provided they meet the standards of the County Health Department. In no event shall any non -conforming park be allowed to . expand unless the entire park is improved to meet the requirements of this ordinance. SECTION 7.05. GROUP DEVELOP PROJECTS (Includes apartments, townhomes, and condominiums) ' Group development projects which consist of two or more principal buildings devoted to a common or similar use and constructed on' a single lot, may be permitted as conditional uses in specified districts established by this ordinance under the provisions of Section 9.05, provided a ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS page 40 ' mandatory preapplication conference is held between the Planning Board and the developer prior to filling the required application for review and approval of the project by the Board of Commissioners. This review and approval shall be required for all group development projects. Site plans at a scale of ' not less than one (1) inch to one hundred (100) feet shall be submitted to show the size and location of all structures, streets, drives and parking spaces and their relationship to open spaces and adjacent properties. Group development plans shall also include a computation schedule expressed in acres which indicates the area and percentages of the site devoted to: ' 1. Total Area 3. Building Area 2. Parking and Roadway Area 4. Open Space ' A. Desiqn, Standards, General ' 1. Lot Size: No group development may be established on a lot which is less than 20,000 square feet in area. 2. Street Access: Any building established as part of a group development project which cannot properly be served by emergency or service vehicles from an abutting street shall be made accessible to those vehicles by a paved driveway having a roadbed width of not less than twenty (20) feet, exclusive of parking spaces. ' 3. Off -Street Parkinq and Loadinq Facilities: Off-street parking and loading facilities established in connection with a group development project shall be designed, located, and arranged so they will not interfere with the efficient flow of tiaffic through the area and will not interfere with the access of emergency and service vehicles. ' 4. Separation of Buildings: All buildings established as a part of a group development project shall be separated by not less than twenty (20) feet. 5. Setback requirements: Unless otherwise provided by this ordinance for a specific type ' of group development project buildings shall comply with the front yard, side and rear yard requirements established for the district in which located. 6. Uses Permitted: In no case shall a use be permitted as a part of a group development project that is prohibited by this ordinance in the district in which the project is to be located. B. Design Standards - Group Housing Projects ' In addition to the other standards set forth in this section, all group housing projects shall comply with the following additional requirements: ' 1. Setbacks: All buildings established as part of a group housing project sh0 be set back not less then twenty (20) feet from all side or rear property lines. 2. Location: No dwelling structure established as part of a housing project shall be ' located within twenty (20) feet of another dwelling structure within the development. 3. Open Space: Not less than twenty percent (20%) of the total area of a group housing project must be permanent open space which shall not include any area covered by buildings, parking areas or streets. 1 IARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS page 41 C. Areas, Facilities and Improvements for Common Use. Any area, facility or improvement which will benefit or be used in common by residents or tenants of a group development must be indicated on the site plan and specifically approved as part of the plan review under the following conditions: 1. It shall be made available in its improved state as set forth on the site development plan in accordance with an approved time schedule. 2. It shall be maintained in accordance with an approved maintenance plan specifying what the maintenance shall consist of, whose responsibility it shall be, and assuring t satisfactory execution of maintenance. 3. Provisions to insure its continuing availability shall be included in the deed to each property to be served by that common area, facility, or improvement. D. Additional Information Additional information may be required by the Planning Board or the Commissioners to ' determine the impact of the proposed development on the Town. E. Approval of Site Development Plans ' No building permit shall be issued in a group development until the Planning Board and Board of Commissioners have approved site development plans and reports for the development as a whole or stages deemed satisfactory in relation to total development. No structure or use other ' than as indicted in approved site development plans and reports shall be permitted. F. Modification of Approved Plans ' After review by the Planning Board, the Board of Commissioners may permit changes in an approved site development plan, but only on a finding that such changes are in accordance with applicable current regulations. SECTION 7.06. CONVERSION OF EXISTING STRUCTURES TO CONDOMINIUM OWNERSHIP ' Existing structures not in condominium ownership under the Unit Ownership Act of the State of North Carolina may be converted to unit ownership provided the owner or developer shall comply with all provisions of this ordinance requiring a building permit and site plan approval, as applicable, as in new construction, and further that before the existing structure may be converted to unit ownership in accordance with the North Carolina Unit Ownership Act, the structure shall meet all the requirements and standards of the current building code in effect in the Town at the time the conversion is made. SECTION 7.07. HOME OCCUPATIONS ' Home occupations may be approved as conditional uses in residential district by the Board of Commissioners under the provisions of Section 9.05 provided the following conditions are met as well IARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS page 42 as any additional conditions and safeguards that may be required by the Commissioners as conditions of their approval. 1. Not more than fifty percent (50%) of the total floor area of the principal and accessory building may be used for a home occupation. 2. No electrical machinery may be used which has a rating of over two (2) horsepower. 3. There may be no more than two (2) persons employed other than those residents on the premises. 4. In addition to the parking requirement for a residence, off-street parking shall be provided for each employee. 5. Only one sign not to exceed four (4) square feet may be erected. This sign may be indirectly lighted. 6. No activity or mechanical devices may be used which cause the residential character of the neighborhood to be impaired by the generation of sounds, light, or vibration. SECTION 7.08. JUNKYARDS/SALVAGE YARDS Junkyards or salvage yards, as defined in Section 3.02, may be allowed as conditional uses in certain districts as approved by the Board of Commissioners provided that the following conditions and any additional conditions and safeguards deemed appropriate by the Commissioners are met: 1. - The minimum front, side and rear yards shall be fifty (50) feet. ' 2. The storage area 'shall be screened by a continuous visual buffer at least eight (8) feet in height. 3. Salvage auto parts shall not be allowed to collect water which provides breeding ground for mosquitoes and other insects or which harbors breeding grounds for rats and other rodents. 4. No storage yard shall be established within one mile (straight line distance; from another storage yard. 5. No junkyard or salvage yard may continue as.a rion-conforming use for more than one (1) year after the effective date of this ordinance, except that it may continue as a non- conforming use if within that period it is made to meet conditions 2 and 3 above. a. Non -conformity disallows expansion of such operation, including acquisition of additional materials which would cause the storage area to increase. ' SECTION 7.09. USE OF MOBILE HOMES AS TEMPORARY OFFICE SPACES Mobile homes may be permitted in certain districts as temporary office space for banks, real ' estate, construction or other business related activities on approval by the Board of Commissioners. Permits for such temporary uses may be issued for a time period up to one (1) year and may be renewable upon reapplication at the end of the current permit period. ' Application for temporary office space permit shall be made through the Zoning Administrator who shall forward the request to the Board of Commissioners for review and action. A fee shall be charged for processing the application based on a regularly adopted fee schedule. ISECTION 8.01. ARTICLE VIII. ADMINISTRATION AND ENFORCEMENT ZONING ADMINISTRATOR ' The Zoning Administrator designated by the Board of Commissioners shall administer and enforce this ordinance. He may be provided with the assistance of any other persons which the Board may direct. The Zoning Administrator shall have all necessary authority to administer and enforce the zoning ordinance, including the power to order in writing the correction of any condition found in ' violation of the ordinance, -and the power to bring legal action to insure compliance with the ordinance, including injunction, abatement, or other appropriate action or proceeding. ' SECTION 8.02. ZONING PERMIT REQUIRED No building or other structure shall be erected or moved, nor shall any existing building or ' structure be altered in any manner, unless a zoning permit has been approved by the Zoning Administrator. The Zoning Permit shall expire by limitation, six (6) months from date of issuance if work authorized by the Permit has not commenced. If after commencement the work is discontinued for a ' period of twelve (12) months, the permit for it shall immediately expire. No work authorized. by any permit that has expired shall then be performed until a new permit has been secured. A fee for the permit application shall be paid to the Town according to a regularly adopted fee schedule. ' SECTION 8.03. WATER SUPPLY AND SEWAGE DISPOSAL REQUIREMENTS , ' The Zoning Administrator shall not issue a Zoning Permit for any use or structure requiring a water supply or sewage disposal or both unless the application is accompanied by approval in writing by the appropriate authority of the water supply and method of sewage disposal. ' - SECTION 8.04. APPLICATION FOR ZONING PERMIT FOR PERMITTED USE ' All applications for zoning permits shall be accompanied by plan in duplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and location son the lot of buildings already existing, if any; and the location and dimensions of the proposed building or ' alteration. The application shall include any other information which may be required by the Zoning Administrator, including existing or proposed building or alteration; existing or proposed uses of the building and land; and the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot and on nearly lots, elevations of finished ' floors; and any other matters which may be necessary to determine conformance with and provide for the enforcement of this ordinance. One copy of the plan shall be returned to the applicant by the Zoning Administrator after he has marked the copy either as approved or disapproved and attest to ' that by his signature on the copy. The second copy of the plan, similarly marked, shall be retained by the Zoning Administrator. V 43 ' ARTICLE Vill. ADMINISTRATION AND ENFORCEMENT page 44 ' SECTION 8.05. APPLICATION FOR ZONING PERMIT FOR CONDITIONAL USES The Board of Commissioners may approve permits for conditional uses in the zoning districts where conditional uses are specified by this ordinance. Applications for permits under 'Section 7.05, ' Group Development Projects'and Section 7.06 Conversion of Existing Structures for Condominium Ownership shall also be processed under this section. ' A. Written application for a conditional use permit along with a processing fee in accordance with a regularly adopted fee schedule of the Town shall be submitted to the Zoning Administrator ' within at least ten (10) days before the next regular monthly meeting of the Planning Board. ' The written application shall indicate the section of this ordinance under which a permit is being sought and shall contain the information required by the appropriate section and any other information which may be required to insure compliance with this ordinance. ' B. The Planning Board shall review the application for a conditional use permit and shall submit its recommendation as to approval or disapproval along with any additional conditions or safeguards it may consider necessary to the Board of Commissioners. C. When it is considered desirable by the Planning Board or the Board of Commissio,lers a public hearing may be held on any conditional use. Notice by means of a placard posted on the property concerned shall be given at least fifteen (15) days in advance of public hearing. The owner of the property for which the conditional use is sought or his agent shall be notified by mail at least fifteenth (15) days prior to the public hearing. . ' D. Any party may appear in person or be represented by agent, or attorney. E. Before they may grant any conditional use permit, the Board of Commissioners shall make findings that: (1) the applicant has met the requirements of the ordinance; (2) granting the permit will be in general conformity with the Town's plan of development; (3) the proposed use will be compatible with the area in which it is to be located if developed under the conditions specified in the ordinance and those additionally required by the Commissioners. ' F. In granting any Conditional Use Permit, the Board of Commissioners may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of those conditions and ' safeguards, when made a part of the terms under which the conditional use permit is granted, shall be considered a violation of this ordinance and punishable under Article IX of this ordinance. The Board of Commissioners shall prescribe a time limit within which the action for which the Conditional Use Permit is required shall be begun or completed, or both. Failure to ' comply within the time limit set shall void the Conditional Use Permit. If any of the conditions of approval or any part of them should be held invalid or void, the permit shall be void immediately. ARTICLE Vill. ADMINISTRATION AND ENFORCEMENT page 45 SECTION 8.06. CERTIFICATE OF OCCUPANCY REQUIRED No land shall be used or occupied and no building hereafter structurally altered, erected or moved shall be used or its use changed until a certificate of occupancy shall have been issued by the Zoning Administrator stating that the proposed use and any buildings comply with the provisions of this ordinance. A similar certificate shall be required for the putpose of renewing, changing, or. extending a non -conforming use. A certificate of occupancy, either for the whole or part of a building, shall be applied for coincident with the application for a building permit and may be issued within ten (10) days after the work has been completed in conformity with the provisions of this ordinance. A record of all certificates shall be kept on file by the Zoning Administrator. A temporary certificate of occupancy may be issued by the Zoning Administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that the temporary certificate may require conditions and safeguards to protect the safety of the occupants and the public. SECTION 8.07. VIOLATION If the Zoning Administrator shall find that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the 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 structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violations of its provisions. r ARTICLE IX. PENALTY If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building structure or land us used in violation of this ordinance, the Zoning Administrator, or any appropriate authority in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct to abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act,. conduct business or use in or about such premises. Violations of the provisions of these regulations shall be a misdemeanor under the North Carolina General Statute 14-4 and each day's continuing violation shall be a separate offense. Notwithstanding the criminal penalties,t he Zoning Administrator may institute a civil action against the offender seeking enforcement by appropriate equitable remedy, injunction and order of abatement or by any remedy authorized by North Carolina General Statute 160 A-175 and 160 A-389, as amended. ' Any person violating any provision of this ordinance shall, upon conviction, be punished for each offense by a fine not to exceed fifty ($50.00) a day or imprisonment not to" exceed thirty (30) ' days. Each day that a violation continues shall be deemed a separate offense. k 11 46 ISECTION 10.01. ARTICLE X. BOARD OF ADJUSTMENT BOARD OF ADJUSTMENT ESTABLISHED ' A Board of Adjustment is hereby established. The word "Board" when used in this Article shall be construed to mean the Board of Adjustment. The Board shall have five (5) regular members and three (3) alternates. Four (4) regular members and two (2) alternates shall be citizens of the Town appointed by the Mayor and approved by the Board of Commissioners. One (1) regular member and ' one (1) alternate shall be -residents of the extraterritorial area and shall be appointed by the County Commissioners in accordance with North Carolina General Statute 160A-362. One (1) of the initial members shall be appointed for a term of one (1) year; two (2) members for terms of two (2) years; ' and two (2) members and the three (3) alternates for terms of three years. Their successors shall be appointed for terms of three (3) years. Vacancies shall be filled for the unexpired term only. Members may be removed for cause by the Board of Commissioners upon written charges and after public t hearing. The members of the Board may be compensated according to a schedule adopted by the Board of Commissioners from time to time. SECTION 10.02. CHAIRMAN OF THE BOARD The Mayor shall designate one (1) of the members as Chairman and another as Vice -Chairman who shall serve for one (1) year. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this section. ' SECTION 10.03. MEETINGS OF THE BOARD All meetings of the Board shall be held at a regular place and shall be open to the public. A ' quorum of four (4) members shall be present at the designated meeting place before a vote is taken or final deposition of any appeal is made upon which the Board is required to pass. The Board shall keep minutes of its. proceedings, showing the vote of each member upon each question, or if absent or ' failing to vote, an indication of that fact. The final disposition of appeals shall be a recorded resolution indicating the reasons of the Board. All of the minutes, deliberations and records of the Board shall be a public record. In the event a regular member shall be absent, an alternate member shall be notified to serve in the place of the regular member. ' Alternate members shall not otherwise participate in deliberation of the Board on any matter under the following sections. ' SECTION 10.04. POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT ' The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirements, decision or determination of the Zoning Administrator or to decide in favor of the applicant any matter upon which it is required to pass under this ordinance or to affect any variation of ' this ordinance. ' 47 IARTICLE X. BOARD OF ADJUSTMENT page 48 A. Administrative Review and Interpretation 1. Administrative Review ' The Board of Adjustment may hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this ordinance. An appeal from the decision of the Zoning Administrator may be taken to the Board of Adjustment by any person aggrieved, or by any officer, department, board or bureau of the Town effected by the decision. The appeal must be taken within thirty (30) days by filing with the Zoning Administrator and with the Board of Adjustment a- notice of appeal specifying the grounds for it. The Zoning Administrator shall promptly transmit to the Board all papers constituting the record upon which the action appealed from ' was taken. Any appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board after the notice of appeal has been filed with him that: (1) by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property; or that, (2) because the violation charged is transitory in nature, a stay would seriously interfere with enforcement of the ordinance. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by court of record on application, on notice to the Zoning Administrator and due cause shown. In exercising the above mentioned powers, the Board of Adjustment may, so long as the action is in conformity with the terms of this ordinance, reverse or affirm, wholly or ' partly, or may modify the order, requirement, decision, or determination that in its opinion ought to be made, and so shall have the powers of the Zoning Administrator. 2. Interpretation The Board of Adjustment shall interpret the Zoning Map and pass on questions of lot lines or district boundary lines and similar questions that may arise in the administration ' of the ordinance. B. Variance: Conditions Governing Applications; Procedures: Fee ' The Board of Adjustment may authorize upon appeal in specific cases a variance from the dimensional requirements of this ordinance which will not be contrary to the public interest where, owing to special conditions, a lateral enforcement of the provisions of this ordinance ' would result in unnecessary hardship. A fee in accordance with a regularly adopted fee schedule of the Town shall be paid to the Town for each application for variance to cover the administrative expenses involved. A variance from the terms of this ordinance shall not be ' granted by the Board of Adjustment unless and until: ARTICLE X. BOARD OF ADJUSTMENT page 49 1. A written application for a variance is submitted demonstrating: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the same district. b. That literal interpretation of the provisions of this ordinance would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; C. That the special conditions and circumstances do not result from the actions of the applicant; d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures or buildings in the same district; e. No non -conforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. 2. Notice shall be given at least fifteen (15) days in advance of public hearing. 3. The public hearing shall be held as advertised. Any party may appear in person or be represented by agent or by attorney. 4. The Board of Adjustment shall make findings that the requirements of Section 10.04(B)(1) have been met by the applicant for a variance. 5. The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure. 6. The Board of Adjustment shall further make a finding that granting the variance will be in general conformity with the Town's plan of development and will not be injurious to the neighborhood, or otherwise detrimental to the public. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under Article IX of this ordinance. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district. ' SECTION 10.05. APPEALS FROM DECISION OF THE BOARD OF ADJUSTMENT Any appeal from a decision of the Board of Adjustment to Superior Court shall be taken within ' thirty (30) days after the decision is filed in the Office of the Town Clerk of the Town of Chocowinity or after a copy of the decision is delivered to the appellant by registered mail to the appellant on the next working day after a decision is rendered. 1 ARTICLE X. BOARD OF ADJUSTMENT page 50 SECTION 10.06. DUTIES OF ZONING ADMINISTRATOR, BOARD OF ADJUSTMENT, COURTS AND BOARD OF COMMISSIONERS AS TO MATTERS OF APPEAL It is the intention of this ordinance that all questions arising in connection with its enforcement shall be presented to the Zoning Administrator and that questions shall be presented to'the Board of Adjustment only on appeal from the Zoning Administrator. From the decision of the Board of Adjustment recourse shall be had to courts as provided by law. The duties of the Board of Commis- sioners in connection with the ordinance shall not include hearing and passing upon disputed questions that may arise in connection with the enforcement of it. The procedure for determining those questions shall be as set out in this ordinance, and the duties of the Board of Commissioners in connection with this ordinance shall be only the duty of considering and passing upon any proposed amendment or approving any conditional use permit as provided by this ordinance. ' ARTICLE XI. CHANGES AND AMENDMENTS SECTION 11.01. MOTION TO AMEND The Board of Commissioners may, on its own motion or upon motion or upon petition by any person within the zoning jurisdiction of the Town, after public notice and hearing, amend, supplement, change, modify or repeal these regulations or the maps which are part of this ordinance, subject to the rules prescribed in this ordinance. No regulation or map shall be amended, supplemented, changed, ' modified or repealed until- after a public hearing is held in relation to it, at which parties in interest and citizens shall have an opportunity to be heard. A notice of the hearing shall be given once a week for two (2) successive calendar weeks in a newspaper of general 'circulation in the Town. The notice shall ' be published the first time not less than ten (10) days nor more than twenty-five (25) days prior to the date affixed for the public hearing. ' SECTION 11.02. PROTEST AGAINST AMENDMENT In case of a protest against an amendment, supplement, change, modification or repeal signed ' by the owners of twenty percent (20%) or more either of the area of the lots included in the proposed change, or of those immediately adjacent to it either in the rear of it or on either side of it, extending one hundred (100) feet from the street frontage of the opposite lots, the amendment shall not become effective except by favorable vote of three -fourths (3/4) of all the members of the Board of Commis- sioners. The provisions of this section shall not apply to any amendment which initially zones property added to the territorial coverage of this ordinance as a result of annexation or otherwise. ' SECTION 11.03. PLANNING BOARD ACTION Every proposed amendment, supplement, change, modification or repeal shall be referred to the Planning Board for its recommendation and report. An application for an amendment shall contain a description/or statement of the present and proposed Zoning Regulation or District Boundary to be applied. Such application shall be filled with the Zoning Administrator or Town Clerk no later than ten ' (10) days prior to the Planning Board meeting at which time the application may be considered. The Planning Board has a maximum of forty-five (45) days to review each project. If the applicant has not received comments from the Board after the review period, he can assume the proposal has been ' approved. SECTION 11.04. FEE A fee according to a regularly adopted fee of the Town shall be paid to the Town for each application for amendment to this ordinance or map to cover the costs of advertising and other ' administrative expenses involved. 1 51 IARTICLE XII. LEGAL STATUS PROVISIONS SECTION 12.01. EFFECTS UPON OUTSTANDING BUILDING PERMITS Nothing contained in this ordinance shall require any change in the plans, construction, size or designated use of any building, structure or part of one for which a building permit has been granted by. the Zoning Administrator prior to the time of passage of this ordinance. However, where construc- tion is not begun under any outstanding permit within a period- of one hundred and eighty (180) days ' subsequent to passage of this ordinance, the permit shall expire and any further construction or use shall be in conformity with the provisions of this ordinance. ' SECTION 12.02. INTERPRETATION, PURPOSE AND CONFLICT In interpreting and applying the provisions of this ordinance, the provisions shall be held to be the minimum requirements for promotion of the public health, safety, and general welfare. Wherever the requirements of this ordinance are in conflict or at variance with other requirements of lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the ' highest standard shall govern. SECTION 12.03. VALIDITY Should any section or provision of this ordinance be declared invalid by'the courts, such decision shall not affect the validity of the ordinance as whole or any part thereof, except the part so ' declared as invalid. SECTION 12.04. EFFECTIVE DATE This ordinance shall become effective from and after its passage by the Town Board of Commissioners of Chocowinity, North Carolina. t 1 � 52 I AN ORDINANCE OF THE _10VIN OF CHOCOW I N I TY, NORTH CAROL 1 NA, ESTABLISHING AN EXTRATL!4\-ITORIAL JURISDICTION WHEREAS, the General Statutes of North Carolina, Article 19, Chapter 16OA-360, provides for the establishment of extraterritorial jurisdiction; ' and WHEREAS, the Board of Commiss•i,oners of the Town of Chocowinity, North Carol ina,. desires to exercise extraterritorial jurisdiction under this Article, NOW, THEREFORE, be it ordained by the Board of Commissioners of the ' Town of Chocowinity, North Carolina, that the following area shall constitute the extraterritorial jurisdiction of the Town: 1 SECTION 1. EXTRATERRITORIAL JURISDICTION Within the area not more than one -mile distance from the town ' descripted by the following limits and more specifically as ' description and on the Official Zoning Map of the Town of- Chocowinity within the line labeled "Extraterritorial ' Jurisdiction." All lands encompassed by the said line shall constitute the extraterritorial jurisdiction of the Town of ' Chocowinity. The description is follows: written as ' Beginning at a point at the intersection of SR 1158 and NC 33 west preceding in a southwesterly direction for approximately 6,200 ' feet to a point at the intersection of SR 1155 and SR 1157. From that point preceding in a southeasterly direction for approximately ' feet the Norfolk -Southern Railroad Line and US 17 11,000 crossing , ' south to a point. From that point preceding in a southeasterly direction for 6,000 feet to a point. From that point heading in a P ' northeasterly direction for approximately 9,800 feet crossing SR 1123, SR 1141 and US 17 north to a point. From that point ' 10,200 feet in direction preceding approximately a northwesterly 1 1 1 1 1 1' 1 crossing the Norfolk -Southern Railroad Line to a point, then preceding approximately 6,200 in a northwesterly direction to a point of beginning (the intersection of SR 1158 and NC 33 west). SECTION 2. INTERPRETATION OF BOUNDARIES Dimensions and distances shall be determined by the use of the scale shown on the zoning map and any interpretation of said lines shall follow the rules of interpretation set out in the Zoning Ordinance of the Town. SECTION 3. CONFLICTS All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 4. EFFECTIVE DATE This ordinance shall be enforced from and after November 2, 1982. Duly adopted by the Board of Commissioners of the Town of Chocowinity, North Carolina, this the 3rd day of August, 1982. W. W. Cratch Mayor Qgz=ia�' Juanita Baytala Town Clerk (SEAL) b A. B. C. D. VI. OTHER REGULATORY ORDINANCES Beer and Wine Sales (Sunday) 07/23/59 & 11/08/73 Meetings, Parades, Street Fairs 11/06/87 Topless Dancing Banned 06/01/71 Self -Service Stations without Attendants 06/01/71 1 BE IT ORDAINED BY THE BOARD OF -TOWN COMMISSIONERS 0i TAE TOWN OF CHUCOWINITY,NORTH CAROLINA: THAT Pursuant to the power and authority conferred upon the govering body of the Town of Chocowinity, North. Carolina, by Section 18-107 of the General Statutes of said State: That no beer or wine shall be sold, or offerred for - sale, within the corporate limits -of the Town of Chocowinity, Forth Carolina, from 1:oo o'clock A.M. Sunday morning until 7:00 o'clock A.M. on Monday morning following,and any and all sales of beer or wine between said hours be and the same hereby are prohibited and are declared unlawful. That thislOrdinance shall be in full force and effect from and after Thursday, November 8,, 1973. This the 811' day of November,1973 BE, IT ORDAINED BY THE BOARD OF TO` IT COUNCIL1,01 OF T,i e TO'.,jT1 017 CE'.00b';lI1?ITY, NORTH CAROLINA: THAT Pursuant to the pourer and authority conferred upon the governing body of the Town of Chocowinity., North Carolina, by Section 18-107 of the General Statutes of the State: That no beer or wine shall be sold,'or offered for sale, irithin the corporate limits of the Town of Chocoviinity, North Carolina, from 11:45 o1clock P. M. on Saturday until 7:30 o'clock A.*PI. on 1.'onday following, and any and all sales of beer or wine between said hours be and the same hereby are prohibited and are declared unlawful. That this Ordinance shall be in full force.and effect from and after Thursday, July 23, 1959, This the 23rd day of July, 1959 il Wh/eas he Town of Chocowinity is concerned with preserving t of the public to assemble; Whereas the Town is desirous that in protecting that public rights the personal and property rights of private individuals are protected and the public health and safety is ' preserved; Nows Therefore, the Town Council of the Town of Chocowinity does hereby resolve as follows: Meetings, Parades, and Street Fairs Section 33.1 Definitions ' "Meeting" shall mean the assembly together or concert of action Between or among five (5) or more persons for the purpose of protesting any matter or of making known any 'position or promo- tion of such persons, or of or on behalf of any organization or class of persons or for the purpose of attracting attention to such assembly. "Parade" shall mean any assembly of five (5) or more persons participating in or five (5) or more vehicles being operated in, any march, ceremony, show, exhibition or procession of any kind in or along any public way, parks or other public places not including a bona fide funeral procession. "Person" shall mean any person, firm, corporation, partnerships ' association or other organizations whether formal or informal. "Street fair" shall mean any fair, festivals carnival or other such event that requires the temporary closing or obstruction of all or a portion of any public way or that substantially hinders or prevents normal flow of vehicular or pedestrian traffic along any public way. Section 33.2 Permit Required No parade shall occupy, or proceed along any public way or any public place; nor shall any person conduct any public or private ' meeting or street fair on any public way or other public place except in accordance with a permit issued by the Town Clerk in accordance with this ordinance. Section a3.3 Permit Application Application for permit shall be filed not less than-24 hours in advance of meeting, parade, or street fair. Application shall be in written form and shall contain the following information: ' 1. object, time, place, and route of. parade, and/or object, time, and place of meeting or street fair; i` 2. name, address and phone number of person(s) sponsoring said activity; ' 3. name, address and phone number of person in charge of said event; 4. any other information requested by the Town Clerk deemed necessary to insure compliance with the ordin- ance. ' Section 33.4 Decision Permit shall be issued, issued with conditions, or denied based ' an the following criteria: 1. the event will not require excessive. diversion of ' police from other necessary duties; 2. the event can be conducted without unreasonable interference with normal pedestrian or vehicular ' traffic in the area; 3. the event will not interfere with police and fire ' protection to public; 4. the event can be conducted 'so as it will not be likely to cause injury to persons or property, or to provoke disorderly conduct, or to create a public disturbance. Section 33.5 Conditions ' The Town Clerk, after consultation with the local police, Mayor, Town Council, or any other individuals deemed necessary to ensure compliance with this ordinance, may specify conditions it issuance of a permit. Such conditions may: ' 1. set the starting time and duration of the event; 2. prescribe the portions or areas of the public way or other public place to be used; 3. require that the applicant obtain a comprehensive general liability insurance policy or comparable special events liability insurance policy, with coverage that includes the entire area of the event; 4. impose any other reasonable requirements as the Town Clerk may prescribe for the control and•free movement of pedestrian or vehicular traffic, or 'to protect the health, safety, and property rights of the partici- pants and the general public. ' Section 33.6 Interference with Permitted Activity No person shall hamper, obstruct, or interfere with any parade, meeting or street fair being conducted under authority of a permit duly issued by the Town Clerk. June 1 , 1971 1� i•.eet ing held at 7; 30 P.M. ' ::il :r.embers k new commissioners present,(Billy Chandler, i11: Tray by i•ir. rilliamson ' i-Anutes read & approved as read. Tae i'entative Budget was approved for the 3rd reading. ' a Lotion was made by mr. 'Taylor 2nd by Mr. dilliamson to pay to l.uu- icipalities 4130.00 for the year 1971-1972. A notion was made to .table the Mid —Bast, made by 1�1r. Cole 2nd by i-.r Taylor. i*.otion was made to run add for bids on the garbage pickup to ce is ' rio later than July 1. 1971, made by Mr. Denby, secended by 'Taylor. :iotion was made to send Mr. Clark to,the well school in July ' saying his expence, made by Mr. Williamson 2nd by Pair. '.aylor. mution was made by Mr. Cole secended by Mr. Taylor to pass arl ' ordains twat it be,unlawful to have a self service station with no c.ie attending it in the Town Of Chocowinity. r i•:o.tion was made by Mr. Williamson secended-by Air. Cole makin;; it unlawful to have Topless danceing in the Xown Of Chocowinity. ' t, Lotion was made By Ar. Cole 2nd by Mr. Taylor to 'except the' bi'l from C. ;-,. Crisp Son to put dirt in the fire dept. lot at 4:1.:),) a yd., as much as needed and level same. T. Barnes took oath of office for Mayor, C. A. Taylor,, H. E., Cole, W. *Joe Mills, & Billy -Chandler took oL tii ' of office for Commissioners. kiayor Pro -Temp Billy Chandler ' Santation, Garbage, & Health, Mr. Cole Street & Highways, Mr. Taylor highs & 'dater, Fir. Mills ' kolice,& Fire Dept. , Air. Chandler. ;,.otion was made by Air. Williamso And by Mr. Denby to hire i�'r. ' L. ii. Ross, Town Att. J: notion was made to hire Juanita Baytala, as Town Clerk, made by ' ..r. Cole 2nd by Air. Taylor. :ll i•.otions were passed unanimouse by all present. Juanita Baytala Clerk