Official Zoning Ordinance-1998

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OFFICIAL ZONING ORDINANCE' b O
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TOWN OF CHOCOWINITY
North Carolina I o
10 CD
ADOPTED: DECEMBER 1,1998
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James H. Mobley, Jr., MAYOR ►0 n
Anne C. Crumpler, TOWN CLERK
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Jeff Haddock, PUBLIC WORKS DIRECTOR
BOARD OF COMMISSIONERS
William J. Albritton M.L. Dunbar
Louise Furman Arlene Jones
PLANNING BOARD
Tommy Elks, Chairman
John Thompson, Secretary
Becky Deans Louise Hill
Joe O'Neal Jesse Powers
Technical Assistance by: The Mid -East Commission
P.O. Box 1787
Washington, North Carolina 27889
[phone]
Robert J. Paciocco, Planner -in -Charge
Joseph G. Dooley, Jr., Planning Director
Gail Pinkham, Secretary
The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management
Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the
Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration.
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OFFICIAL ZONING ORDINANCE
TOWN OF CHOCOWINITY
t
North Carolina
ADOPTED: DECEMBER 1,1998
1
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James H. Mobley, Jr., MAYOR
Anne C. Crumpler, TOWN CLERK
Jeff Haddock, PUBLIC WORKS DIRECTOR
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BOARD OF COMMISSIONERS
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William J. Albritton M.L. Dunbar
Louise Furman Arlene Jones
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PLANNING BOARD
Tommy Elks, Chairman
John Thompson, Secretary
Becky. Deans Louise Hill
'
Joe O'Neal Jesse Powers
Technical Assistance by: The Mid -East Commission
P.O. Box 1787
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Washington, North Carolina 27889
[phone]
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Robert J. Paciocco, Planner -in -Charge
Joseph G. Dooley, Jr., Planning Director
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Gail Pinkham, Secretary
The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management
Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the
'
.
Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration.

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TABLE OF CONTENTS
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ARTICLE
SECTION SUBJECT PAGE
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ARTICLE I.
1.01.
TITLE, ENACTMENT AND PURPOSE ........................................ ........1
TITLE AND ENACTMENT. ... 1
1.02.
SHORT TITLE...................................................................................... 1
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ARTICLE II.
1.03.
PURPOSE........................................................................................... I
ESTABLISHMENT OF ZONING DISTRICTS AND PROVISION FOR
ZONINGMAP..............................................................................................
2
2.01.
OFFICIAL ZONING MAP...................................................................
2
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2.02.
RULES GOVERNING THE INTERPRETATION OF DISTRICT
BOUNDARIES...................................................................................... 2
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ARTICLE III.
INTERPRETATION AND DEFINITION OF TERMS ............................
4
3.01.
INTERPRETATION OF COMMON WORDS AND TERMS ............. 4
3.02.
DEFINITION OF SPECIFIC TERMS AND WORDS ......................... 4
ARTICLE IV.
APPLICATION OF REGULATIONS....................................................10
4.01.
TERRITORIAL APPLICATION........................................................10
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4.02.
4.03.
USE, OCCUPANCY AND CONSTRUCTION..................................10
HEIGHT, BULK DENSITY. LOT COVERAGE, YARDS
ANDOPEN SPACES..........................................................................10
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4.04.
4.05.
COMPUTATION OF REQUIRED SPACES......................................10
REDUCTION OF LOTS OR AREAS BELOW MINIMUM..............10
4.06.
CLASSIFICATION OF ADDED TERRITORY .................................
I I
4.07.
ONE PRINCIPAL BUILDING ON ANY LOT ..................................
11
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4.08.
4.09.
LOT ACCESS REQUIREMENTS ............................. .................11
VISION CLEARANCE AT INTERSECTIONS ........ .................11
4.10.
WALLS AND FENCES......................................................................11
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4.11.
4.12.
STRUCTURE EXCLUDED FROM HEIGHT LIMITATIONS .........
REDUCTION OF FRONT YARD SETBACK REQUIREMENTS ...12
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4.13.
REQUIRED BUFFERS.......................................................................12
4.14.
STORAGE OF VEHICLES (UNLICENSED AND/OR
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ARTICLE V.
UNINSPECTED)....... ......... .......................................... ..........12
NON-CONFORMITIES.............................................................................13
---
5.01.
5.02.
INTENT...............................................................................................13
REGULATION OF NON CONFORMITIES (MERGER/LOT
CONSOLIDATION) ................... ...................... ... . ..,...... .... ....
13
5.03.
NON -CONFORMING MANUFACTURED HOMES........... .......16
ARTICLE VI.
SCHEDULE OF DISTRICT REGULATIONS ..... ...........................17
6.01.
R-I LOW DENSITY RESIDENTIAL DISTRICT..............................17
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6.02.
6.03.
R-2 LIMITED LOW DENSITY RESIDENTIAL DISTRICT ............18
R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT ......... ..........19
6.04
MOBILE HOME RESIDENTIAL DISTRICT ........... ......... ..........
20
6.05.
B-1 GENERAL COMMERCIAL DISTRICT .....................................
21
6.06.
B-2 HIGHWAY COMMERCIAL DISTRICT .
22
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6.07.
LI LIGHT INDUSTRIAL DISTRICT ................................................
23
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TABLE OF CONTENTS
(continued)
ARTICLE SECTION SUBJECT PAGE
ARTICLE VII.
SCHEDULE OF DISTRICT REGULATIONS .......................................
26
7.01.
7.02.
OFF-STREET PARKING REQUIREMENTS ....................................
REGULATIONS GOVERNING SIGNS ............................................
26
31
7.03
OUTDOOR LIGHTING......................................................................
36
7.04
REGULATIONS GOVERNING MOBILE HOME PARKS ..............
36
7.05.
GROUP DEVELOPMENT PROJECTS (includes apartments,
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townhomes, and condominiums).........................................................
39
7.07.
HOME OCCUPATIONS.....................................................................
42
7.08.
7.09.
JUNKYARDS/SALVAGE YARDS ...................................................
USE OF MOBILE HOMES AS TEMPORARY
42
OFFICESPACES................................................................................43
7.10.
PERFORMANCE REQUIREMENTS ................................................
43
7.11.
MANUFACTURED HOMES, CLASSES A AND B
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GENERAL REQUIREMENTS ...........................................................
43
7.12.
CONTINUATION OF EXISTING MANUFACTURED
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ARTICLE VIII.
HOMEPARKS....................................................................................
ADMINISTRATION AND ENFORCEMENT ........................................
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8.01.
ZONING ADMINISTRATOR..........................................................
45
8.02.
ZONING PERMIT REQUIRED.........................................................
45
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8.03.
WATER SUPPLY AND SEWAGE
DISPOSAL REQUIREMENTS...........................................................
45
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8.04.
APPLICATION FOR ZONING PERMIT FOR
PERMITTED USE ......................................... ......... .....................
45
8.05.
APPLICATION FOR ZONING PERMIT FOR
CONDITIONAL USES.......................................................................
46
8.06.
ZONING COMPLIANCE CERTIFICATE REQUIRED ............
47
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8.07.
VIOLATION.............................................................. .....................
47
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ARTICLEIX.
ARTICLE X. '
PENALTY...................................................................................................
BOARD. OF ADJUSTMENT .. ..........
48
49
10.01.
BOARD OF ADJUSTMENT ESTABLISHED ...................................
49
- ---
-- - --- ---10.02.
- - CHAIRMAN OF THE BOARD ...
49
10.03.
MEETINGS OF THE BOARD ............................................................
49
10.04.
POWERS AND DUTIES OF
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10.05.
THE BOARD OF ADJUSTMENT .....................................................
APPEALS FROM DECISION OF
49
THE BOARD OF ADJUSTMENT .....................................................
51
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10.06.
DUTIES OF ZONING ADMINISTRATOR,
BOARD OF ADJUSTMENT. COURTS AND BOARD
OF COMMISSIONERS AS TO MATTERS OF APPEAL ....... ......52
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ARTICLE XL.
11.01.
CHANGES AND AMENDMENTS
MOTION TO AMEND ................. ......... ........ ......... ..........
53
53
11.02. PROTEST AGAINST AMENDMENT ............................................... 53
11.03. PLANNING BOARD ACTION.......................................................... 53
11.04. FEE.....................................I... ................ ... ............................... 53

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TABLE OF CONTENTS
(continued)
ARTICLE SECTION
SUBJECT PAGE
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ARTICLE XII. LEGAL STATUS PROVISIONS..............................................................
54
12.01.
EFFECTS UPON OUTSTANDING BUILDING PERMITS .............
54
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12.02.
12.03.
INTERPRETATION, PURPOSE, AND CONFLICT .........................
VALIDITY........................................................................................
54
54
12.04.
EFFECTIVE DATE.............................................................................
54
12.05.
PRIOR INCONSISTENT ORDINANCES .........................................
54
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ZONING ORDINANCE
OF THE
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TOWN OF CHOCOWINITY, NORTH CAROLINA
ARTICLE I. TITLE, ENACTMENT AND PURPOSE
SECTION 1.01. TITLE AND ENACTMENT
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AN ORDINANCE, IN PURSUANCE OF THE AUTHORITY GRANTED BY THE NORTH
CAROLINA GENERAL STATUTES CHAPTER 160A, ARTICLE 19, AS AMENDED AND
SUPPLEMENTED, FOR THE PURPOSES OF PROMOTING THE PUBLIC HEALTH, SAFETY,
MORALS, AND GENERAL WELFARE; TO PROVIDE FOR THE ESTABLISHMENT OF
ZONING DISTRICTS WITHIN THE TOWN AND ITS EXTRATERRITORIAL JURISDICTION;
TO REGULATE WITHIN THOSE DISTRICTS THE LOCATION, HEIGHT, BULK, NUMBER OF
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- - STORIES, SIZE, AND. SETBACKS 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 AND/OR
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REPEAL 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
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December, 1998, and as amended and supplemented.
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SECTION 1.02. SHORT TITLE
This ordinance shall be known as the "Town of Chocowinity Zoning Ordinance." The map
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herein referred to which is identified by the title "Official Zoning Map of Chocowinity, North
Carolina," shall be known as the "Zoning Map."
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SECTION 1.03. PURPOSE
In accordance with the provisions of Chapter 160A, Article 19, as amended and supplemented,
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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 and its Extraterritorial Jurisdiction.
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ARTICLE H. ESTABLISHMENT 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," dated September 1998, and
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as amended and supplemented, which, together with all explanatory matter thereon, is hereby adopted
by reference and declared to be a part of this ordinance.
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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
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Article 11 of the Zoning Ordinance of Chocowinity, North Carolina,"
together with the date of adoption of this ordinance.
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If, in accordance with Article M 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, in writing, and as required by law, by
the Board of Commissioners.
Regardless of the existence of purported copies of this Official Zoning Map which may be
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made, published, and/or disseminated, the Official Zoning Map which shall be located in the
Chocowinity Municipal Building shall be the final authority as to the current zoning status of land and
water areas, buildings and other structures in the Town and its Extraterritorial Jurisdiction.
SECTION 2.02. RULES GOVERNING THE INTERPRETATION OF DISTRICT
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BOUNDARIES
Where uncertainty exists with respect to the boundaries of any of the districts as shown on the
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-- Official Zoning Map, the following rules shall apply: -- ---- - - -
(1) Boundaries indicated as approximately following the center lines of dedicated streets,
highways, and railroad rights -of -way or alleys shall be construed to follow such center
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lines.
(2) Boundaries indicated as approximately following platted lot lines shall be construed as
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following such lot lines.
(3) Boundaries indicated as approximately following Town corporate limits shall be
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construed as following such Town corporate limits.
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ARTICLE H.
ESTABLISHM ENT OF ZONING DISTRICTS
AND PROVISION FOR ZONING MAP
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Page 3
(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
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streams, rivers, canals, lakes, or other bodies of water shall be construed to follow
such center lines.
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(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.
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(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
subsections 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.
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ARTICLE M. 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
include future
Words used in the present tense the 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, entity, company, organization, trust,
association, or corporation as well as an individual.
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The word "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."
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The word "shall' is always mandatory.
The word "may" is permissive.
SECTION 3.02. . DEFINITION OF SPECIFIC TERMS AND WORDS
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Accessory Use: A use which is legal and 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 Stria: A device of material, evergreen plantings, and/or other plantings (vegetative
matter), and space used to provide sight and sound screening from adjoining properties. The
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required height and width of the buffer strip and the materials and/or other plantings
(vegetative matter) 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
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Administrator.
Building: Any structure or improvement enclosed and isolated by exterior walls constructed or
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used for residence,. business, industry or public purposes.
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ARTICLE M. INTERPRETATION AND DEFINITIONS OF TERMS
Page 5
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Building, Accessory: A subordinate building consisting of walls and an attached roof, the use
' of which is legal and 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. Accessory buildings are not permitted in the front yard.
' 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,
saves, 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 living quarters 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, and is surrounded by open space or
yards.
Dwelling, Two -Family (Duplex): A detached residential 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 residence 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 in a legalowner occupied one -family residence for
legal, gainful employment involving the manufacture, provision, or sale of goods or services
under the provisions of Section 7.07.

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ARTICLE M. INTERPRETATION AND DEFINITIONS OF TERMS
Page 6
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Junky: The use of more than two hundred (200) square feet of the area of any lot for the
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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
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which are unlicensed or uninspected. NOTE: This definition does not apply to vehicles which
are actively under repair or restoration.
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 permitted customary accessories
and open spaces.
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Lot Area: The total horizontal area included within lot lines exclusive of any right-of-way
easements.
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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
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thirty-five (135°) degrees.
Lot, Depth: The average distance from the street line of the lot to its rear line measured in a
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general direction of the side lines of the lot.
Lot Lines: The lines bounding a lot as defined here.
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a. Lot Line, Front: The line separating the lot from that street which is
designated as front street on the building permit, certificate of occupancy or
subdivision plat.
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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
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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.
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Lot of Record: A lot which is part of a legally approved subdivision recorded in the Office of
the County Register of Deeds, or a lot or parcel from a previously approved legal subdivision
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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 outpatients only.
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Mobile Home: A dwelling unit that:
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a. Is not constructed in accordance with the standards set forth in the North
Carolina State Building Code for site -built homes, and

ARTICLE M.
INTERPRETATION AND DEFINITIONS OF TERMS
Page 7
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,
C. Exceeds forty (40) feet in length and eight (8) feet in width, and
d. Was constructed after Julyl, 1976, and meets or exceeds HUD Construction
Standards as they existed at time of manufacture.
A travel trailer is not to be considered as a mobile home.
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 is 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 construction;
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
f. 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 quality the house as a Class A mobile home.
Mobile Home Park: A parcel or tract of land under single ownership which has been planned
' and legally 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.

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ARTICLE M. INTERPRETATION AND DEFINITIONS OF TERMS
Page 8
Non -conforming Use: A use of a building, structure, and/or improvement, or land which does
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not conform with the regulations of the district in which such building, structure, and/or
improvement, or land is situated but was lawful before adoption or amendment of this
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ordinance.
Open Space: An unoccupied space open to the sky.
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Open Storage: Unroofed storage area, whether fenced or not.
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 two (2) other single-family
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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.
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Trailer: Shall include any of the following:
a. Travel Trailer: A vehicular portable structure built on a chassis, designed to
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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.
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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,
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and' vacation, constructed as an integral part of a self-propelled vehicle.
d. 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
legally improved for this temporary placement of campers or trailers as a service to the
traveling public. All trailer parks legally existing at the time of passage of this ordinance
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which do not meet the minimum requirements established for trailer parks by this ordinance
shall be considered anon -conforming use.
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Use: A "Use" is -
a. Any purpose for which a building or other structure or a tract of land may be
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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.

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ARTICLE III. INTERPRETATION AND DEFINITIONS OF TERMS
Page 9
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
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for conditional uses which may be permitted in certain zones and the procedures for
application are set out in Article VI 1, Section 8.05 of this ordinance.
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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
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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
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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
accessories, 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
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this ordinance.
a. Yard. Front: A yard extending between side lot lines across the front of a lot
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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 comers
at street Intersections, shall be assumed to be the point at which the side and
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front' lot lines would have met without such rounding. Front and rear yard
lines shall be essentially parallel.
__-__-Yard. Rear: A yard extending across the rear of the lot between side lot lines.
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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 extending from the rear line of the required front yard to
yard
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.

'
ARTICLE IV. APPLICATION OF REGULATIONS
1
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 and its Extraterritorial Jurisdiction, 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, its amendments and supplements, no building,
structure, or land shall be used or occupied, 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, as set
'
forth in this ordinance, and other applicable Town Ordinances, County Regulations, and State Statutes.
'
SECTION 4.03. HEIGHT, BULK DENSITY. LOT COVERAGE, YARDS AND OPEN
SPACES
t
After the effective date of this ordinance, no building, improvement, 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 requirements 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.
'
10

ARTICLE IV APPLICATION OF REGULATIONS
Page 11
' 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
classification until otherwise classified.
' SECTION 4.07. ONE PRINCIPAL BUILDING ON ANY LOT
Only one (1) principal building and a customary accessory building may be erected on any lot
except as authorized in the ordinance for Group Development in Section 7.05. Buildings erected after
the passage of the ordinance must front on a publicly dedicated right-of-way.
SECTION 4.08. LOT ACCESS REQUIREMENTS
' All lots created after the passage of this ordinance must front on a publicly dedicated right-of-
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, improvement, 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, elevator
appurtenance/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.

'
ARTICLE IV APPLICATION OF REGULATIONS
Page 12
1
'
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 of 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 (200) feet are unimproved/vacant,
those lots shall be considered as having the minimum required setback for the purpose of computing
an average setback distance.
SECTION 4.13. REQUIRED BUFFERS
'
In order to lessen the impact of incompatible land use, an aesthetically Town approved 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 (UNLICENSED AND/OR UNINSPECTED)
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 sixty (60) business days to obtain
license and/or inspection on the vehicle or remove it from the property. After sixty
'
(60) business 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 twenty (120)
business days to obtain license and/or inspection on the vehicle or remove it from the
property. After one hundred twenty (120) business days, action will be taken by the
t
Town.
Exceptions to this regulation are vehicles actively under repair or restoration, genuine antique
'
vehicles, authorized new or used vehicle sales operations, and commercial junkyard/salvage yard
operations where legally permitted.
1

IARTICLE V. NON -CONFORMITIES
SECTION 5.01. INTENT
' Within the districts established by this ordinance or amendments that may later be adopted,
there exist lots, structures, improvements, 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 legal non -conformities to -continue until they are removed, but not to encourage their
survival. It is further the intent of this ordinance that legal 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 legal 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 legally 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 (MERGER/LOT
CONSOLIDATION)
A. Non -Conforming Lots of Record
1. In any district in which single-family dwellings are permitted, a single-family and a
customary accessory building 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 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-CONFORNIITIES
Page 14
B. Non -Conforming Uses of Land
Where at the time of assa a of this ordinance lawful use of land exists which would not be
P g
'
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 altered, 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 altered, enlarged, changed, or increased 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:

'
ARTICLE V.
NON -CONFORMITIES
Page 15
'
1.
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;
'
2.
Any legal 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
amendment of this ordinance, but no such use shall be extended to occupy any land
'
outside such building;
3.
If no structural alterations are made, any legal 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 legal 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.
4.
Any structure, or structure and land in combination, in or on which a legal
'
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
'
5.
resumed;
When a legal 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;
6.
Where legal 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.
E.
Renairs and Maintenance
1. On any legal non -conforming structure or portion of a structure containing a legal
1- d in d f 1 12
rk
consecutiv
non -conforming use, womay a one any peno o twe ve ( )e
months on ordinary repairs, or on repair or replacement of non -bearing walls, fixtures,
wiring, or plumbing, to an extent not exceeding 10 percent of the current replacement
cost of the legal non -conforming structure or non -conforming portion of the structure
as the case may be, provided that the cubic content existing when it became legally
non -conforming shall not be increased.
2. If a legal 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.

ARTICLE V. NON-CONFORAUTIES
Page 16
1
F. Uses Under Conditional Use Provisions Not Non -Conforming
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.
SECTION 5.03. NON -CONFORMING MANUFACTURED HOMES
Where a manufactured home is located on an individual lot or in a Manufactured Home Park in a
'
zoning district in which a manufactured home is a non -conforming use, it may be replaced with another
manufactured home, provided that the manufactured home that replaces it is of the same dimensions or less, a
1
Class A or Class B manufactured home, and
1. All other applicable state and county requirements are met, and
2. That such replacement must occur within one hundred eighty (180) days after the lot is vacated
for reasons other than the destruction of the structure as set forth in Section 5.02. D. 6; after
such time, the non -conforming manufactured home may only be replaced with a conforming
structure.
1
1
1
1
1
1
1
i

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 orderly and aesthetically desirable development
of 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
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.
5. Modular Homes.
'
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
VIII.
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.
17

ARTICLE VI. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 18
'
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.)
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 planned and orderly transition area where permanent
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 singe -family dwellings.
'
2. Customary accessory uses.
3. 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
VIII.
1. Churches and cemeteries.
i
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.

'
ARTICLE VI. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 19
1
D. Dimensional Requirements for R-2 Limited Low Density 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
SECTION 6.03. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Intent
The R-3 District is intended to encourage the planned and orderly 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.
B. 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
'
C. 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_.____
VIIL
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).

ARTICLE VI. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 20
1
'
D. Dimensional Requirements for R-3 Medium Density Residential District
Minimum lot size: 20 000 square feet. (Except that if served b an approved
1. q (E P Y PP
'
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
SECTION 6.04 MOBILE HOME RESIDENTIAL DISTRICT
A. Intent
'
The Mobile Home Residential District is intended to allow the planned and orderly
development of legally approved mobile home parks in the corporate limits while maintaining
a reasonablepopulation 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 and aesthetically desirable, residential environment of sustained
'
desirability.
B. Permitted Uses
The following shall be permitted by right:
Class A and Class B Mobile Homes equipped with a water flushed toilet, lavatory,
and bath or shower facilities, as well as kitchen 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
VIII.
t1. Home occupations under the provisions of Section 7.07, Article VH.

ARTICLE VI. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 21
D. Dimensional Requirements for MHR Mobile Home Residential District
L Refer to Section 7.04-B (1-16), Article VII for Dimensional Requirements.
SECTION 6.05. B-1 GENERAL COMMERCIAL DISTRICT
' A. Intent
' 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 legal 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,
' emergency services, and streets.
B. Permitted Uses
The following uses shall be permitted by right:
1. Office, including:
a. business, financial, governmental, medical, dental, legal, accounting,
engineering, and architectural.
2. Retail stores, including:
a. groceries, drugs, notions, fish, meat, clothing, antiques, hardware, upholstery,
paints, furniture, plumbing fixtures, appliances, radio and television, gun
shops, and mobile/modular home sales.
3. Services, including:
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, in Article VIII.
provided
'
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.

ARTICLE VI.
GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 22
1
D. Dimensional Requirements for Business Lots in the General Business District
1.
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, parking,
and to provide adequate siting for structures. In addition, a visual vegetative buffer is
required where a commercial use or zone abuts a residential use or zone.
2.
Maximum height of the B-1 District will be 35 feet.
'
3.
Minimum front yard shall be ten (10) feet, except where sidewalks are provided.
4.
Minimum side yard shall be eight (8) feet, except if a common wall exists between
buildings, no side yard shall be required.
SECTION 6.06. B-2 HIGHWAY COMMERCIAL DISTRICT
A. Intent
' 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.
B. Permitted Use
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. Veterinarians and kennels, subject to buffer requirements.
_ _ 9. Building Material sales.
10. Boat and marine sales.
11. Nursery and garden stores
12. Nursing homes
C. Conditional Uses
The following and possible other uses shall be permitted subject to the requirements of this
district and additional regulationsand requirements imposed by the Board of Commissioners
as provided in Article VIII.
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.

ARTICLE VI. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 23
D. Dimensional Requirements for B-2 Highway Commercial Districts
1. Minimum lot size: 10,000 square feet.
2. Minimum lot width shall be seventy-five (75) feet with a minimum lot depth of one
hundred twenty (120) feet.
3. 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.
4. 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.
5. No sidewall .is required if a commercial building is constructed with a common wall.
6. 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.
7. 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.
8. 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. L1 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.
Air conditioning and heating equipment manufacturing
2.
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

ARTICLE VI. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 24
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.
17.
Dairy products processing and distributing facilities
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
26.
Hardware and housewares manufacturing
t
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.
48.
Rodenticides,'insecticides, and pesticides manufacturing
Service stations, including major repair work, provided that all gasoline pumps shall
be located at least twelve (12) feet behind the property, line
49.
50.
Sign painting and fabricating shops
Tire recapping shops
51.
Trailer manufacturing
52.
Trucking terminals
53.
Vinegar and yeast manufacturing

'
ARTICLE VI.
GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 25
54.
Wholesale and warehousing establishments, except for the storage of dangerous or
'
offensive hems 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.
59.
Belting and brake linings, manufacturing
Boat and trailer works and sales
60.
Bookbinding
61.
Bottling works
'
62.
Bowling alleys and skating rinks
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 VIII.
1.
Manufacturing uses not otherwise named herein which come with the spirit or intent
of this Zoning Ordinance.
2.
Junkyards
'
D. Dimensional Requirements for Ll 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 fifty (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 legally constructed or legally 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.

I
ARTICLE VII. SCHEDULE OF DISTRICT REGULATIONS
SECTION 7.01. OFF-STREET PARKING REQUIREMENTS
At the time of erection of any structure, or at any time any structure is enlarged 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 zoning compliance certificate/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 zoning compliance certificate/occupancy permit 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 meta
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
th . 1 . 1 d th
reasonably provided on the same lot on which a prmcipa use is ocate , e 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 requirements of this
ordinance have been made for the principal use. In such cases, the applicant shall
submit with his application for a.zoning compliance certificate/occupancy 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.
26

ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 27
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. Re uirements 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. Li htin : 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. Off-street parking areas for ten (10) or more vehicles shall be
paved with asphalt and have concrete or brick pavers.
1
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.
___,-_
_8._ Internal Circulation:_ The internal circulation plan of parking lots shall be approved by
the Zoning Administrator.
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 ARTICLE VII.
Il
GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 28
1. Residential and Related Uses
Required Parking
Single-family detached dwelling units
Two (2) parking spaces for each
and townhouses:
dwelling unit.
Multi -family residence, group
1.5 parking spaces on the same lot for
'
housing projects and condominiums:
each unit.
Hotel, tourist home, motel, motor
1.25 parking spaces for each room to
court, rooming or boarding house:
be rented plus one (1) additional
parking space for each three (3)
employees.
1
Doctor's or dentist's office in own
Three (3) parking spaces per doctor in
residence: -- - --- --
addition to residence requirements. --
Home occupation:
1.5 parking spaces 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) parking 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.
Nursing home:
One (1) parking space for each five
(5) beds intended for patient use, and
one (1) parking 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.

ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 29
3.
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 three
Amphitheater:
(3) seats.
Public or Private Clubs:
One (1) parking space for each three
(3) seats.
Public Utility Buildings:
One (1) parking space for each
employee. With customer service
facilities, a minimum of five (5)
additional spaces.
Retail and Office Uses
General or professional offices and
banks (other than doctors, dentists.
See Clinic requirements.):
Roadside stands, plant nurseries,
outdoor concessions, sightseeing
rides, automobile sales lots and
similar activities involving outdoor
display of merchandise or services:
Marinas and boat rentals:
Restaurant, cafe, or public eating
place:
Required Parking
One (1) parking space for each two
hundred (200) square feet of gross
floor space plus one (1) parking space
for each two (2) employees.
Minimum of five (5) parking spaces
and one (1) parking space for each
five hundred (500) square feet of
gross ground area exclusive of the
area required for parking.
One (1) parking space for each boat
slip or rental unit and one (1) parking
space for each employee on the
largest shift.
One (1) parking space for every three
(3) customer seats, plus one (1) `
additional parking space for each
three (3) employees.
Drive-in restaurant or refreshment Thirty (30) parking spaces in addition
stand: to the requirements for a restaurant,
cafe, or public eating place.

' ARTICLE VH. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 30
Furniture, appliance and grocery One (1) parking space for each five
'
store: hundred (500) square feet of gross
floor area.
'
Indoor entertainment facilities One (1) parking space for each one
including bowling alleys, dance halls, hundred (100) square feet of gross
skating rinks, amusement arcades, floor area and one (1) additional
'
and similar facilities: space for each two (2) employees.
Outdoor entertainment facilities One (1) parking space for each one
'
including amusement parks, miniature hundred (100) square feet of gross
golf courses, and similar facilities: ground area exclusive of the area
required for parking and buffering
'
and one (1) additional space for each
two (2) employees.
Theaters: One (1) parking space for each three
'
(3) seats in the auditorium.
Funeral homes: On (1) parking space for each four (4)
'
seats in the chapel or parlor.
'
Retail uses not otherwise listed: One parking space for each two
hundred (200) square feet of gross
floor area, plus one (1) for each
employee.
4. Wholesale Uses and Warehouses Required Parking
tWholesale
uses: One (1) parking space for each
employee on the largest shift.
'
Industrial uses: Two (2) parking spaces for each three
(3) employees on the largest shift.
'
D. Off -Street Loading
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 and/or sidewalk.
1

' ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 31
'
Use Classification Space Requirements
Retail operation, including restaurant One (1) loading berth for every
and dining facilities within hotels and 20,000 square feet of floor area.
'
office buildings, with a total usable
floor area of 20,000 square feet or
more devoted to that purpose.
Retail operations, and all first floor A loading space (not necessarily a full
non-residential uses, with a gross berth) as defined in this Section next
'
floor area of less than 20,000 square above.
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 a One (1) loading berth for every
'
total usable area of 100,000 square 10,000 square feet of floor area.
feet or more devoted to such
'
purposes.
Industrial and wholesale operations Minimum number of loading berths
'
with a gross floor area of 10,000 required:
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
1
-
SECTION 7.02. REGULATIONS GOVERNING SIGNS
'
A. Definition
L 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:
1

' ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 32
' 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.
2. Signs are defined as either on -site signs or off -site signs.
'
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 any 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
zoning compliance certificate has been issued by the Zoning Administrator. No
certificate/permit is required for signs enumerated in Subsection H.
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.
1

.1
ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 33
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) business days of receipt of notice.
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 Signs
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.

ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
t
Page 34
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.
6. 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 the 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 completion of the general contract.
7. A sign not to exceed two (2) square feet in area announcing the name, owner, or
location of a dwelling.
'
8. 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.
9. Direction signs in parking lots if required by Section 7.01 of this ordinance.
'
I. Signs Permitted in the 13-1 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
t
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% o) 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 sign placed against the exterior walls of buildings shall not extend more
than six (6) inches beyond the building wall surface and shall not exceed

'
ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 35
twenty percent (20%) of the exposed finished wall surface area including
'
openings.
e. Temporary sign 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.
'
2. Off -Site Signs
None permitted.
'
J. Sims Permitted in the B-2 Highway Business District
'
1. 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 laced against the exterior walls of building shall not extend more
an P g g
'
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. Proiei sting 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 twenty4our (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 t
'
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.
2. Off -Site Signs (amended as of December 7, 1993)
a. One free-standing sign per lot may be allowed provided that:

'
ARTICLE VIL GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 36
(1) Such sign shall not exceed 100 sq. ft. in area and shall not exceed 20
ft. in height above street grade.
(2) Such sign shall be for directional purposes only and may not contain
language of a Commercial nature.
SECTION 7.03 OUTDOOR LIGHTING
'
Outdoor lighting for yards, signs, advertisin structures parking lots and other areas must be
l� g Y � g� g � P g
oriented or shielded so that the light and glare reflects away from streets and adjacent property.
SECTION 7.04 REGULATIONS GOVERNING MOBILE HOME PARKS
A. General Regulations
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 or its Extraterritorial Jurisdiction, unless the park meets the
'
requirements of this ordinance, as well as all other Town Ordinances, County
Regulations, and State Statutes. 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 zoning compliance certificate/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 present zoning, property
lines,adjacent zoning, land use, ownership and addresses of owners;
2) Existing and proposed driveways, entrances, exits, roadways and
walkways, with dimensions;
3) Location of individual mobile home lots and buildings (actual, not
'
proposed, with setbacks);
4) Location and quantity of proposed sanitary conveniences, including
proposed toilets, washrooms, laundries, recreation and utility rooms;`
5) Method and plan of sewage disposal (with calculations);
'
6) Location and quantity of refuse containers (with calculations);
7) Plan of water supply;
8) Plan of electric lighting;
9) Fire hydrants; and
10) Parking.
b. Plans and specifications for any building to be constructed on the site.

'
ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 37
C. Further information may be required by the Zoning Administrator and/or
'
County Health Department to enable them to determine if the proposed park
will comply with the regulations of this ordinance, applicable Town
'
Ordinances, County Regulations, and State Statutes, and their applicable laws/
regulations.
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 State, County, and Town. In
addition, the following requirements must be met:
'
a. Each mobile home lot shall be provided with legal and inspected plumbing
and electrical connections.
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
t
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
t
suitable watertight and fly -tight receptacles in accordance with County Health
Department requirements.
4. 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, their titles and date of
manufacture, owners, and occupants of the parka 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. Lot number in which the mobile home or trailer is parked;
d. Date of entering park; and
e. Date of leaving park.
1 B. Specifications for Mobile Home Parks
' 1. Every mobile home park shall be at least one (1) acre in area.
t

ARTICLE VII.
GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 3 8
2. The amount of land for each individual mobile home lot shall be determined by the
Zoning Administrator after an investigation of soil conditions, water supply, and fire
hydrants, the proposed method of sewage disposal, and proposed water system.
However, in no case shall the size of a mobile home lot be less than Eight Thousand
(8,000) square feet.
3. Each mobile home lot shall be at least fifty (50) feet wide and clearly marked. There
shall be at least forty (40) 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 twenty (20) feet of any exterior boundary
line of the park and no closer than twenty (20) feet to the edge of any interior street.
4. All mobile home lots shall abut upon an interior drive of no less than twenty-five (25)
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 lots shall not have unobstructed
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.
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 (75"). Where a drive intersects a public street or
highway, the design standard of the North Carolina Department of Transportation
shall apply and be approved by same.
7. Suitable vehicular access for fire fighting equipment, emergency services, 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 lot 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. (Flood
Hazard designation/flood plan information is to be submitted as well.)
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 lot shall be improved to provide an adequate
brick/masonry 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 lot shall be equipped with legally approved and permitted
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.

ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 39
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. The current name,
address, and telephone number of this individual is to be provided to the Town Clerk,
Maintenance Superintendent, Police Chief, and Fire Chief.
16. Non -Conforming Mobile Home Parks - Existing mobile home parks which provide
individual mobile home lots having a width or area less than that herein described
may continue to operate with spaces of existing width or area provided they meet all
the standards of the County Health Department, this Ordinance and other applicable
municipal ordinances. 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
and other current Town Ordinances, County Regulations, and State Statutes.
17. All mobile homes must face public streets or interior streets with access to public
streets.
SECTION 7.05. GROUP DEVELOPMENT 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
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
2.
Parking and Roadway Area
3.
Building Area
'
4.
Open Space
'
A. Design
Standards - General
1.
Lot Size: No group development may be established on a lot which is less than 20,000.
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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 Parking and Loading 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 traffic 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.

ARTICLE VH. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 40
1
' S. 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 shall 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.
'
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
'
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.

ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 41
F. Modification of Approved Plans
' After review b the Planning Board the Board of Commissioners may ermit changes in an
Y g � YP
approved site development plan, but only on a finding that such changes are in accordance
' with applicable current regulations.

' ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 42
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 zoning compliance certificatelbuilding 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 and other Town Ordinances, County Regulations, and State Statutes in effect at the time the
' conversion is requested.
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 8.05 provided the following conditions are met as well
as any additional conditions and safeguards that may be required by the Commissioners as conditions
of their approval.
'
1. Not more than thirty percent (30%) of the total floor area of the principal 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 the residents
domiciled in the principal building.
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.
iSECTION
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.

ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 43
5. No junkyard or salvage yard may continue as a non -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 formal written 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 one time upon reapplication at the end of the current permit period.
Application for temporary office space permit shall be made in writing by application to 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.
'
SECTION 7.10. PERFORMANCE REQUIREMENTS
All development within all zoning districts shall conform to the most current legislation,
'
standards, and regulations of the federal government, State of North Carolina, Beaufort County, and
the Town of Chocowinity, including the standards and regulations of the U.S. Environmental
Protection Agency (EPA) and the U.S. Occupation, Safety and Health Administration (OSHA)
'
regarding water and air quality, noise control, and life safety requirements.
SECTION 7.11. MANUFACTURED HOMES, CLASSES A AND B: GENERAL
'
REQUIREMENTS
1. All manufactured homes placed within the Town of Chocowinity after the effective
'
date of this ordinance shall have a permanent masonry (or other approved product)
curtain wall or foundation, unpierced except for ventilation and access. There shall be
no authorization for electrical hookup until this condition is met.
2. The owner of each manufactured home placed in the Town of Chocowinity is required
to obtain all necessary inspection certificates and permits from the Town of
Chocowinity and Beaufort County. Fees may be charged for this service. Appropriate
'
information as to owner, location, lot size, road frontage, and other information may
be required to process necessary permits.
3. All manufactured homes set up in the Town of Chocowinity shall meet all
'
requirements of the Beaufort County Building Inspections Department. Electrical
service shall not be authorized without proof that all such requirements have been
met.
■

'
ARTICLE VII. GENERAL PROVISIONS AND SUPPLEMENTARY REGULATIONS
Page 44
'
SECTION 7.12. CONTINUATION OF EXISTING MANUFACTURED HOME PARKS
1. Non -conforming manufactured home parks in existence and in compliance with all applicable
local, state, and federal laws and regulations as of the date of adoption of this ordinance, shall
'
be allowed to continue in operation as a non -conforming use in conformance with the
provisions of Article V, Section 5.03 of this ordinance. Proof of compliance with applicable
laws and regulations during the intervening period shall be the responsibility of the
'
manufactured home park owner.
2. After the effective date of this ordinance, manufactured homes moved into manufactured
home parks, or which replace any manufactured home which has become a non -conforming
'
use, shall be Class A or Class B manufactured homes.
t
t

IARTICLE VIII. ADMINISTRATION AND ENFORCEMENT
' SECTION 8.01. 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, demolished, 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, three (3) 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 six (6) 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.
ISECTION 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 locations on
the lot of buildings already existing with setbacks, if any; and the location and dimensions of the
proposed building or alteration with setbacks. 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 and placed on file with the Town
Clerk.
45

ARTICLE VIII. ADMINISTRATION AND ENFORCEMENT
Page 46
' 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 thirty (30) business 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 Commissioners 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) business 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 certified and regular mail at least fifteen (15) business days prior to the public
hearing.
' D. Any party may appear in person or be represented by agent, who must be so authorized in
writing, 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 VM.
ADMINISTRATION AND ENFORCEMENT
Page 47
'
SECTION 8.06. ZONING COMPLIANCE CERTIFICATE REQUIRED
No land shall be used or occupied and no building hereafter structural) altered erected
P g Y >
'
demolished, or moved shall be used or its use changed until a zoning compliance certificate/permit
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 purpose of
renewing, changing, or extending a non -conforming use. A zoning compliance certificate, 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) business 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 Beaufort County Building
Inspector 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.

' ARTICLE IX. PENALTY
If any building or structure is erected, removed, demolished, 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, the 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.
48

11
' 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.
ARTICLE 3L BOARD OF ADJUSTMENT
SECTION 10.01. 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
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.
49

' ARTICLE X. BOARD OF ADJUSTMENT
Page 50
1
A. Administrative Review and Interpretation
' 1. Administration 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.
�
B.
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.
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 51
'
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 further make a finding 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.
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.

'
ARTICLE X. BOARD OF ADJUSTMENT
Page 52
'
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
Commissioners 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.
'1
1
t
1

ISECTION 11.01
ARTICLE M. CHANGES AND AMENDMENTS
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
Commissioners. 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.
1
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.
53

'
ARTICLE XIII. 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
'
construction 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
rIn
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, dead 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.
SECTION 12.05 PRIOR INCONSISTENT ORDINANCES
'
All ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are to the
extent of such inconsistency, hereby repealed.
54

'I
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