Zoning Ordinance-1998

lease do not remove!!!!! I
Division of Coastal Management
TOWN' OF COLUMBIA, NORTH CAROLINA
ZONING ORDINANCE
Adopted by the Columbia Board of Aldermen: January 5, 1998
11
Prepared by:
Ho!!and Consulting Planners, Inc.
F3329 Wrightsville Avenue
Wi!mingtcn, North Carolina 28403
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.
1

k
TOWN OF COLUMBIA, NORTH CAROLINA
ZONING ORDINANCE
Adopted by the Columbia Board of Aldermen: January 5, 1998
Prepared by:
Holland Consulting Planners, Inc.
F3329 Wrightsville Avenue
Wilmington, North Carolina 28403
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.
11

COLUMBIA ZONING ORDINANCE
I TABLE OF CONTENTS
i me
Enactment Clause................................................1
' Preamble......................................................1
ARTICLE 1. AUTHORITY AND ENACTMENT ........................... 3
1.1 Authority..................................................3
1.2 Title.....................................................3
1.3 Purpose...................................................3
1.4 Intent 3
1.5 Interpretation ............................................... 4
r
fl
ARTICLE 2. GENERAL PROVISIONS ................................. 5
2.1
Introduction ................................................ 5
2.2
Jurisdiction ................... 5
2.3
Application of District Regulations ................................ 5
2.4
Provision for Official Zoning Map ................................ 6
2.5
Replacement of Official Zoning Map .............................. 6
2.6
Relationship to Land Use Plan .................................. 7
2.7
No Use or Sale of Land or Buildings Except in Conformity
with Chapter Provisions ....................................... 7
2.8
Fees.....................................................7
2.9
Severability................................................ 7
2.10
Computation of Time ......................................... 8
ARTICLE 3. DEFINITION OF TERMS ................................. 9
3.1 General..................................................9
3.2 Word and Term Definitions ..................................... 9
ARTICLE 4. LOCATIONS AND BOUNDARIES OF DISTRICTS .............. 19
ARTICLE 5. ESTABLISHMENT OF ZONING DISTRICTS .................. 20
ARTICLE 6. APPLICATION OF GENERAL REGULATIONS ................ 22
6.1 Use....................................................22
6.2 Only One Main Building, One Main Use on Lot,
and Orientation of a Building .................................. 22
6.3 Minimum Yards ............................................ 22
1

6.4 Lot Subdivision ............................................ 22
6.5 Certificate of Occupancy ..................................... 22
6.6 Improvement Bonds ......................................... 22
ARTICLE 7. DISTRICT REGULATIONS ............................... 24
7.1 Table of Permitted Uses ..................................... 24
7.2 Notes to the Table of Permitted Uses ............................ 36
ARTICLE 8. TABLE OF AREA, YARD AND HEIGHT REQUIREMENTS ....... 41
8.1 Notes to the Table of Area, Yard and Height Requirements ......... 42
ARTICLE 9. PLANNED BUILDING GROUP REGULATIONS ............... 44
9.1 Planned Building Group Regulations for Apartments and Condominiums . 44
9.2 Manufactured Home Park Regulations ........................ 45
9.3 Business Planned Building Group Regulations ................... 48
ARTICLE 10. SPECIAL USES .................................. 50
10.1 Objectives and Purpose ................................. 50
10.2 Procedure for Special Use Permits Approved by the Planning Board ... 50
10.3 Regulations for Special Uses .............................. 51
ARTICLE 11. OFF-STREET PARKING AND OFF-STREET
LOADING REQUIREMENTS .......................... 63
11.1 General Regulations .................................... 63
11.2 Parking Ratios ........................................ 64
SECTION 12. SIGN REGULATIONS ..............................
66
12.1
12.2
12.3
12.4
12.5
12.6
General Regulations ....................................
Projecting Signs and Devices ..............................
Area Computation .....................................
Sign Illumination ......................................
Conditional Setback ....................................
Multi -Family Development Identification Sign Regulations ...........
66
67
67
67
68
68
12.7
Permanent Subdivision Sign Regulations ......................
68
12.8
Signs Not Requiring a Permit from the Building Inspector ...........
68
12.9
Outdoor Advertising Signs ................................
70
12.10
Public Service Information Signs ...........................
70
12.11
Business Identification Signs ..............................
70
ARTICLE 13. HISTORIC DISTRICT - OVERLAY ...................... 72
13.1 Area Affected ........................................ 72
13.2 Special Building Permit Required ............................ 72
2

Page
13.3 Creation of Board of Architectural Review ..................... 72
13.4 Powers and Duties of the Board ............................ 72
13.5 Approval by the Board .................................. 73
13.6 Disapproval by the Board ................................ 73
13.7 Appeals ............................................ 73
' ARTICLE 14. NONCONFORMING SITUATIONS ...................... 74
14.1 Definitions .......................................... 74
'
14.2
Continuation of Nonconforming Situations and Completion
of Nonconforming Projects ...............................
75
14.3
Nonconforming Lots ....................................
75
14.4
Extension or Enlargement of Nonconforming Situations ............
75
14.5
Change in Kind of Nonconforming Use .......................
78
14.6
Abandonment or Discontinuance of Nonconforming Situations .
78
14.7
Termination of Nonconforming Situations .......
79
14.8
Completion of Nonconforming Projects .......................
79
ARTICLE
15. VESTED RIGHT PROVISIONS .........................
82
15.1
Purpose ............................................
82
15.2
Establishment of a Zoning Vested Right ......................
82
15.3
Approval Procedures and Approval Authority ...................
83
' 15.4 Duration.................................84
...........
15.5 Termination 84
15.6 Voluntary Annexation ................................... 85
' 15.7 Limitations .......................................... 85
15.8 Repealer ............................................ 85
ARTICLE 16. CERTIFICATE ISSUANCE ........................... 86
16.1 Zoning Certificate ..................................... 86
� 1 16.2 Certificate of Occupancy/Compliance 86
16.3 Penalties for Violation 86
' ARTICLE 17. BOARD OF ADJUSTMENT .......................... 87
17.1 Composition of the Board of Adjustment Pursuant to N.C.G.S. 160A-388 87
17.2 Jurisdiction of the Board of Adjustment ...................... 87
17.3 Rules for Proceedings of the Board of Adjustment ............... 87
17.4 Powers of the Board of Adjustment ......................... 87
' 17.5 Appeal to the Board of Adjustment 89
17.6 Appeal From Decision of the Board of Adjustment 89

Page 1
ARTICLE 18. AMENDMENT PROCEDURE ......................... 90
18.1 Amendment by Own Motion .............................. 90
18.2 Amendment by Petition ................................. 90
18.3 Protest to Amendment .................................. 90
ARTICLE 19. ADMINISTRATION, ENFORCEMENT, AND PENALTIES ....... 91
19.1 Zoning Enforcement .................................... 91 '
ARTICLE 20. LEGAL STATUS PROVISIONS ........................ 92
20.1 Validity .............................. .......... 92 '
20.2 Effective Date ........................................ 92
4

' ZONING ORDINANCE
OF THE
TOWN OF COLUMBIA, NORTH CAROLINA
ENAC
TMENT:
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS
FOR THE TOWN OF COLUMBIA, NORTH CAROLINA, AND PROVIDING FOR THE
ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, IN ACCORDANCE
tWITH THE PROVISIONS OF NORTH CAROLINA GENERAL STATUTES 160A, ARTICLE
1 19 PART 3 (160A-381).
PREAMBLE:
WHEREAS, the General Statutes of North Carolina empowers the Town of
Columbia to enact a zoning ordinance and to provide for its administration,
enforcement, and amendment, and
WHEREAS, the Board of Aldermen deems it necessary for the purpose of
promoting the health, safety, morals, or general welfare of the town to enact such an
ordinance, and
WHEREAS, the Board of Aldermen has appointed a Planning Board to
recommend the boundaries of the various original districts and appropriate regulations
1 to be enforced therein, and
WHEREAS, the Planning Board has divided the town into districts and has
prepared regulations pertaining to such districts in accordance with the town's land
use plan designed to lessen congestion throughout the town; to secure safety from
fire, panic, and other dangers; to promote health and the general welfare; to provide
adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements, and
WHEREAS, the Planning Board has given reasonable consideration, among other
things, to the character of the districts and their peculiar suitability for particular uses,
with a view to conserving the value of buildings and encouraging the most appropriate
use of land throughout the town, and
1

WHEREAS, the Board of Aldermen has given due public notice of hearings
relating to zoning districts, regulations, and restrictions, and have held such public
hearings, and
WHEREAS, all requirements of the General Statutes of North Carolina with
regard to the preparation of the report of the Planning Board and subsequent action
of Board of Aldermen has been met;
NOW THEREFORE BE IT ORDAINED BY THE TOWN OF COLUMBIA, NORTH
' CAROLINA, AS FOLLOWS:
1
I
2.

1
ARTICLE I.
1 1.1 Authority
AUTHORITY AND ENACTMENT
This ordinance is adopted under the authority granted by Chapter 160A, Article
19, Part 3 of the North Carolina General Statutes and Amendments thereto. The
Board of Aldermen of the Town of Columbia, North Carolina, does ordain as follows:
' 1.2 Title
1 This ordinance shall be. known as, referred to, and cited as the "ZONING
ORDINANCE, TOWN OF COLUMBIA, NORTH CAROLINA" and hereinafter referred to
as the "ordinance".
' 1.3 Purpose
' The purpose of this ordinance is to promote the health, safety, morals, and
general welfare of the Town of Columbia, North Carolina.
1.4 Intent
It is the general intent of this ordinance to:
1. Regulate and restrict the use of all structures and lands within the town
limits of the Town of Columbia.
2. Regulate and restrict lot coverage, population density and distribution,
and the location and size of all structures within the town limits of the
Town of Columbia.
3. Regulate development so as to accomplish the following:
a) Secure Safety from fire, flooding, panic and other dangers;
b) Provide Adequate light, air, sanitation, drainage;
c) Further the Appropriate use of land, and conservation of natural
resources;
d) Obtain the Wise Use, conservation, development, and protection
of the town's water, soil, woodland, and wildlife resources and
attain a balance between land uses and the ability of the natural
resource base to support and sustain such uses;
e) Prevent Overcrowding, and avoid undue population concentration
and urban sprawl;
t

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

IARTICLE 2. GENERAL PROVISIONS
' 2.1 Introduction
The proper regulation of the use of certain structures, lands and water, only
through the use of the zoning districts contained within this ordinance, is neither
feasible nor adequate. Therefore, the following restrictions and regulations, which
' shall be applied in addition to the district regulations, are necessary to accomplish the
intent of this ordinance.
2.2 Jurisdiction
1. This chapter shall be effective throughout the town's planning
jurisdiction. The town's planning jurisdiction comprises the area within
the corporate boundaries of the town as well as the area described in
that ordinance adopted by the Board of Aldermen on January 5, 1998,
entitled an "Ordinance Establishing Extraterritorial Jurisdiction," which
ordinance is recorded in Book , page of the Tyrrell County
Registry. Such planning jurisdiction may be modified from time to time
in accordance with Section 160A-385 of the North Carolina State Law.
2. In addition to other locations required by law, a copy of a map showing
the boundaries of the town's planning jurisdiction shall be available for
public inspection in the planning department.
2.3 Application of District Regulations
The regulations set by this ordinance within each district shall be minimum
regulations and shall apply uniformly to each class or kind of structure or land, except
as hereinafter provided.
' 1. No building, structure, or land shall hereafter be used or occupied, and
no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved, or structurally altered except in
conformity with all of the regulations herein specified for the district in
which it is located.
2. No building or other structure shall hereafter be erected or altered:
' a) to exceed the height or bulk;
b) to accommodate or house a greater number of families;
c) to occupy a greater percentage of lot area;
I

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

1
2.6 Relationship to Land Use Plan
It is the intention of the Board of Aldermen that this chapter implement the
planning policies adopted by the board for the town and its extraterritorial planning
area, as reflected in the land use plan and other planning documents. While the Board
of Aldermen reaffirms its commitment that this chapter and any amendment to it be
in conformity with adopted planning policies, the board hereby expresses its intent
that neither this chapter nor any amendment to it may be challenged on the basis of
any alleged nonconformity with any planning document.
2.7 No Use or Sale of Land or Buildings Except in Conformity With Chapter
Provisions
1. Subject to Article 14 of this ordinance (Nonconforming Situations), no
person may use, occupy, or sell any land or buildings or authorize or
permit the use, occupancy, or sale of land or buildings under his control
except in accordance with all of the applicable provisions of this chapter.
2. For purposes of this section, the "use" or "occupancy" of a building or
land relates to anything and everything that is done to, on, or in that
building or land.
2.8 Fees
1. Reasonable fees sufficient to cover the costs of administration,
inspection, publication of notice and similar matters may be charged to
applicants for zoning permits, sign permits, conditional -use permits,
special -use permits, subdivision plat approval, zoning amendments,
variances and other administrative relief. The amount of the fees
charged shall be as set forth in the town's budget or as established by
resolution of the Board of Aldermen filed in the office of the town clerk.
2. Fees established in accordance with Subsection (a) shall be paid upon
submission of a signed application or notice of appeal.
2.9 Severability
It is hereby declared to be the intention of the Board of Aldermen that the
sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable,
and if any such section, paragraph, sentence, clause, or phrase is declared
' unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid
judgment or decree, such unconstitutionality or invalidity shall not affect any of the
remaining sections, paragraphs, sentences, clauses, or phrase of this ordinance since
' the same would have been enacted without the incorporation into this ordinance of
such unconstitutional or invalid section, paragraph, sentence, clause, or phrase.
7

2.10 Computation of Time
1. Unless otherwise specifically provided, the time within which an act is
to be done shall be computed by excluding the first and including the last
day. If the last day is a Saturday, Sunday, or legal holiday, that day shall
be excluded. When the period of time prescribed is less than seven
days, intermediate Saturdays, Sundays, and holidays shall be excluded.
2. Unless otherwise specifically provided, whenever a person has the right
or is required to do some act within a prescribed period after the service
of a notice or other paper upon him and the notice or paper is served by
mail, three days shall be added to the prescribed period.
A

1 ARTICLE 3. DEFINITION OF TERMS
' 3.1 General
For the purpose of interpreting this ordinance, certain words and terms used are
defined in this section. Except as defined in this section, all other words used in this
ordinance shall have their standard dictionary definition. For general interpretation,
' the following shall apply in all uses and cases in this ordinance:
1. The present tense includes the future tense, and the future tense
includes the present tense.
2. The singular number includes the plural number, and the plural number
includes the singular number.
3. The word "may" is permissive, and the word "shall" is mandatory.
4. The word "person" includes a firm, association, organization,
partnership, trust, company or corporation, as well as an individual.
5. The words "used" or "occupied" include the words "intended, designed,
or arranged to be used or occupied."
6. Words in parting the masculine ender include the feminine and neuter.
p 9 9
r3.2 Word and Term Definitions
Accessory Use or Structure - A use or a structure on the same lot with, but of a
nature customarily incidental and subordinate to, the principal use or structure.
' Adult Arcade - An establishment where, for any form of consideration, one or more
motion picture projectors, slide projectors, or similar machines for viewing by five or
fewer persons each are used to show films, motion pictures, video cassettes, slides,
or other photographic reproductions that are characterized by an emphasis upon the
depiction or description of specified sexual activities or specified anatomical areas.
1 Adult Bookstore - An establishment that has as a substantial portion of its stock -in -
trade and offers for sale, for any form of consideration, any one or more of the
following: 1) books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, video cassettes, slides, or other visual representations that are
characterized by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas; or 2) instruments, devices, or paraphernalia
that are designed for use in connection with specified sexual activities.
Adult Business - An adult business shall be defined as any business activity, club, or
other establishment which permits any employee, member, patron, or guest on its
9
(J

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

other necessary or available information. Under no circumstances will any parcel
smaller than five (5) acres be considered either an agricultural tract or a bona fide
farm. Bona Fide farms do not include intensive livestock operations.
Building - Any building, structure, edifice or improvements as commonly defined.
iBuilding, Commercial - Any building used for business purposes.
' Building, Detached - A building having no party or common wall with another building
except an accessory building.
Building Groups, Planned - More than one building on a single lot or tract developed
in accordance with the provisions of Article 9.
Buildino., Height of - The vertical distance from the average sidewalk or street grade,
or finished grade of the building line, whichever is the highest, to the highest point of
the building.
Building, Line - A line located a minimum horizontal distance from the right-of-way line
9 Y
of a street or road parallel thereto, between which and the right-of-way line no
building or parts of buildings may be erected, altered, or maintained except as
otherwise provided herein.
tBuilding, Main - A building in which the principal use of the lot on which the building
is situated is conducted.
iBulk Storage System - A facility of storage tanks, pipe network, power, and control
systems which allow dry bulk materials to be aerated and handled as required.
Normally used to store materials which are consumed in relatively large quantities (i.e.,
barite, bentonite, and cement).
Certificate of Occupancy/Compliance - A statement, signed by an administrative
officer authorized by the Columbia Board of Aldermen, setting forth that the building,
structure or use complies with the zoning ordinance, and that the same may be used
for the purpose stated herein.
Contractor, General - One who is engaged in all or more aspects of building
1 construction and/or land development through a legal agreement.
Contractor, Trades - One who accomplishes work or provides facilities under contract
with another and specifically engages in a specialized trade, such as plumbing,
heating, wiring, sheet metal and roofing work, etc.
j Day Care Center - Inclusive of kindergarten, a facility for the case and/or education of
pre-school age children.
I

Drive-in (eating or drinking facility) - An establishment that provides employee curb ,
service or accommodations through special equipment or facilities for the ordering of
food or beverage from a vehicle.
Dwelling, Multiple Family - A building used for or designed as a residence for more '
than two families living independently of each other.
Dwelling, Single -Family - A detached residential dwelling unit, other than a
manufactured home, designed for and occupied by one family only.
Dwelling, Two Family (Duplex) - A detached building used for or designed as a '
residence for two families living independently of each other.
Dwelling Unit - A residential structure or that portion of a residential structure used or
designed as a residence for one family.
Erect - Build, construct, rebuild, or reconstruct, as the same are commonly defined.
Extraterritorial Jurisdiction - The area beyond the corporate limits within which the ,
planning and zoning regulations of the town apply in accordance with state law. Such
area is delineated on the official zoning map for the Town of Columbia.
Fabrication - Manufacturing, excluding the refining or other initial processing of basic ,
P 9
raw materials such as metal ores, lumber or rubber. Fabrication relates to stamping,
cutting or otherwise shaping the processed materials into useful objects. '
Family - One or more persons related by blood, adoption or marriage, or a group of not
more than five (5) persons not related by blood, adoption or marriage living together ,
as a single housekeeping group in a dwelling unit.
Frontage - All property abutting on one side of a street measured along the street line. 1
Garage, Private - A building or space
building permitted in any residential
vehicles and in which no business,
conducted.
used as an accessory to or a part of the main
district, that provides storage space for motor ,
occupation or service for profit is in any way
Historic District - Overlay - An area designated by the Town of Columbia which is
deemed to be of special significance in terms of history, architecture and/or culture,
and to have been found to possess integrity of design, setting, materials, feeling and
association. A Historic District -Overlay, as described in Article 13 of this zoning
ordinance, is a district which overlaps with other zoning districts established by this
chapter. The boundaries of the Historic District -Overlay are delineated upon the
zoning map, a part of the zoning ordinance of the Town of Columbia
Home Care Unit - A facility meeting all the requirements of the State of North Carolina
for boarding and care of not more than five (5) persons who are not critically ill and
do not need professional medical attention, to include homes for the aged.
12
I
J
L�

Home Occupation - Certain occupations customarily conducted for profit within a
dwelling and carried on by the occupant thereof, which use is clearly subordinate to
' the use of the dwelling for residential purposes. Limitations are prescribed in this
ordinance to ensure against the growth of a home occupation into a commercial
enterprise.
rImprovements - The addition of any building, accessory building, parking area, loading
area, fence, wall, hedge, lawn or mass planting (except to prevent soil erosion) to a
' lot or parcel of property.
Junk - Pre -used or unusable metallic parts and other nonmetallic manufactured
products that are worn, deteriorated or obsolete, making them unusable in their
existing condition, but are subject to being dismantled and salvaged.
j Intensive Livestock Operations - Intensive livestock operations (ILO) means any
enclosure, pen, feedlot, building, or group of buildings intended to be used or actually
used to feed, confine, maintain or stable cattle, horses, sheep, goats, turkeys,
chickens, swine, or any combination thereof, with at any time a total of 100 animal
units present, where their dietary needs are met primarily by means other than grazing.
Lot - Land area of defined boundaries in single ownership, set aside for separate use
or occupancy, and recorded as such in the office of the Tyrrell County Registrar of
Deeds.
' Lot, Area of - The parcel of land enclosed within the boundaries formed by the
property lines.
ILot, Corner - A lot abutting upon two streets or road (including platted but unopened
streets or roads), thus having two (2) front lines.
Lot, Depth - The depth of a lot, for the purpose of this ordinance, is the distance
measured in the mean direction of the side lines of the lot from the midpoint of the
' front line to the midpoint of the opposite lot line.
Lot Line - Any boundary of a parcel of land.
Lot Line, Front - Any boundary line of a lot running along a street right-of-way line.
If a lot abuts two right-of-way lines, the front lot line shall be the shorter of the two.
' If a lot abuts more than two right-of-way lines, the front lot line shall be determined
by the Board of Adjustment.
Lot Line, Rear - The lot line opposite the front lot line.
Lot Line, Side - Any lot line which is not a front or rear lot line.
Lot of Record - A lot, a plat or a map which has been recorded in the office of the
Registrar of Deeds of Tyrrell County, or a lot described by metes and bounds, the
1 description of which has been recorded in the aforementioned office.
13

Lot Width - The distance between the side lot lines as measured along the front t
building line as specified by the applicable front yard setback in this ordinance.
Manufactured Home - A structure, transportable in one or more sections, which in the ,
traveling mode is eight body feet or more in width, or 40 body feet or more in length,
or, when erected on site, is 900 or more square feet; was constructed no earlier than
twelve (12) years prior to the effective date of this ordinance; and which is built on
a permanent chassis and designed to be used as a dwelling, with or without
permanent foundation when connected to the required utilities, including the plumbing,
heating, air conditioning and electrical systems contained therein. "Manufactured '
home" includes any structure that meets all of the requirements of this definition
except the size requirements and with respect to which the manufacturer voluntarily
files a certification required by the Secretary of the United States Department of
Housing and Urban Development and complies with the standards established under
the National Manufactured Housing Construction and Safety Standards Act of 1974,
42 U.S.C. § 5401, et seq.
For manufactured homes built prior to June 15, 1976, "manufactured home" means
a portable manufactured housing unit designed for transportation on its own chassis '
and placement on a temporary or semipermanent foundation having a measurement
of over 32 feet in length and over eight feet in width. "Manufactured home" also
means a double -wide manufactured home, which is two or more portable
manufactured housing units designed for transportation on their own chassis that ,
connect on site for placement on a temporary or semipermanent foundation having a
measurement of over 32 feet in length and over eight feet in width.
Manufactured Home Park - Any single parcel of land upon which two or more
manufactured homes or travel trailers, occupied for dwelling or sleeping purposes, are
located, regardless of whether or not a charge is made for such accommodations. '
Massage Parlor - An establishment where, for any form of consideration, massage,
alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or '
manipulation of the human body is administered, unless such treatment or
manipulation is administered by a medical practitioner, chiropractor, acupuncturist,
physical therapist, or similar professional person licensed by the state. This definition '
does not include an athletic club, health club, school, gymnasium, reducing salon, spa,
or similar establishment where massage or similar manipulation of the human body is
offered as an incidental or accessory service.
Nonconforming Use - (a) At the time of initial adoption of this zoning ordinance, it is
a use of building or land as of January 5, 1998, that does not conform with the
regulations of the district in which such building or land is situated but was lawful ,
before adoption of this ordinance; (b) At the time of amendments subsequent to initial
adoption of this zoning ordinance, it is a use of building or land that does not conform
with the regulations of the district in which such building or land is situated but was
lawful before adoption of amendments to this ordinance.
Nursing Home - A convalescent facility having over five (5) beds meeting all the ,
requirements of the State of North Carolina for the boarding and care of persons who
cannot care for themselves.
14 '

Permitted Structural Use - A structure/use meeting all of the requirements of this
ordinance for the zone district in which it is located.
Planned Building Group - A group of two or more buildings or two or more
manufactured homes located on a single parcel of land.
Planning Board - A commission appointed by the Board of Aldermen for the following
purposes: (a) to develop and recommend long-range development plans and policies;
(b) to advise the Board of Aldermen in matters pertaining to current physical
development and zoning for the town's planning jurisdiction.
Processing - Any operation changing the nature of material or material's chemical
composition or physical properties; does not include operations described as
fabrication.
I
1
I
Retail - Sale of a commodity to the ultimate consumer and not customarily subject to
sale again.
Salvage Operation - The reclamation, dismantling or storage of pre -used commodities,
junk and similar material for the purposes of resale, processing, distribution or
deposition. This does not include the purchase or storage of used furniture, used cars
in operable condition, and used or salvaged materials as part of manufacturing
operations.
Service Station - A building or lot where gasoline, oil, grease, and automotive
accessories are supplied and dispensed to the motor vehicle trade.
Setback Line - The line on the front, rear and sides or a lot which delineates the area
upon which a structure may be built and maintained, according to the district
regulations.
Sexual Encounter Establishment - An establishment other than a hotel, motel, or
similar establishment offering public accommodations which, for any form of
consideration, provides a place where two or more persons may congregate,
associate, or consort in connection with specified sexual activities. This definition
does not include an establishment where a medical practitioner, psychologist,
psychiatrist, or similar professional person licensed by the state engages in sexual
therapy.
Sexually Oriented Business - Any business activity, club, or other establishment,
within which the exhibition, showing, rental or sale of materials distinguished or
characterized by an emphasis on material depicting, describing, or exhibiting specified
anatomical areas or relating to specified sexual activities is permitted. Regulated
businesses shall include, but are not limited to: adult arcades, adult bookstores, adult
motion picture theaters, adult theaters. Specified sexual activities, massage parlors,
and adult cabarets are prohibited.
15

Si n - Any words, lettering, parts of letters, pictures, figures, numerals, phrases, ,
sentences, emblems, devices, design, trade names or trademarks by which anything
is made known, such as the designation of an individual, firm, association, profession,
business commodity or product, which are visible from any public way and used to '
attract attention.
Sign, Area of - Sign area shall be computed by the smallest square, triangle, i
rectangle, circle, or combination thereof which will encompass the entire sign
including lattice work, wall work, frame or supports incidental to its decoration. In
computing the area, only one (1) side of a double face sign structure shall be ,
considered.
Siqn, Business Identification- Any sign which advertises an establishment, service, '
commodity or activity conducted upon the premises where such sign is located.
Sign, Outdoor Advertising - Any sign which advertises an establishment, service, i
commodity, goods or entertainment sold or offered on premises other than that on
which such sign is located.
Special Use - A use that would not be generally appropriate without restriction
throughout the zoning district but which, if controlled as to number, area, location, or
relation to the neighborhood, would promote the health, safety, morals, general
welfare, order, comfort, conveniences, appearance or prosperity. Such uses may be
permitted in such zoning district as special exceptions if specific provision for such ,
special exceptions is made in this zoning ordinance. These uses are allowed only after
approval by the Columbia Planning Board.
Specified Anatomical Areas - As used herein, specified anatomical areas means and '
includes any of the following: 1) less than completely and opaquely covered human
genitals, pubic region, buttocks, anus, or female breasts below a point immediately '
above the top of the areola; or 2) human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
Specified Sexual Activities - As used herein, specified sexual activities means and '
includes any of the following: 1) the fondling or other erotic touching of human
genitals, pubic region, buttocks, anus, or female breasts; 2) sex acts, normal or I
perverted, actual or simulated, including intercourse, oral copulation, or sodomy; 3)
masturbation, actual or simulated; or 4) excretory functions as part of or in connection
with any of the activities set forth in subdivisions 1 through 3 of this definition.
Storage - A depository for commodities or items for the purpose of future use or
safekeeping. '
Street - A public thoroughfare which affords access to abutting property and is
recorded as such in the office of the Tyrrell County Registrar of Deeds. '
Structure - See Building.
16
f

I
Subdivision - All divisions of a tract or parcel of land into two-(2) or more lots, building
sites or other divisions for the purpose, whether immediate or future, of sale or
building development, and all divisions of land involving the dedication of a new street
or a change in existing streets; provided, however, that the following shall not be
included within this definition:
(1) the combination or recombination of portions of previously platted lots where the
total number of lots is not increased and the resultant lots are equal to or exceed the
standards contained herein; (2) the division of land into parcels greater than ten (10)
acres where no street right-of-way dedication is involved; (3) the public acquisition by
purchase of strips of land for the widening or openings of streets; (4) the division of
a tract in single ownership whose entire area is no greater than two (2) acres into not
more than three (3) lots, where no street right-of-way dedication is involved.
Tourist Home - Any building occupied by owner or operator in which rooms are rented
for lodging of transients and travelers for compensation.
I Travel Trailer - Any structure which:
(a) consists of a single unit completely assembled at the factory; and
(b) is designed so that the total structure can be transported on its own chassis; and
(c) is not over 32 feet in length and 8 feet in width; and
(d) may be used as a dwelling unit.
tSuch structures shall be considered travel trailers regardless of other titles that may
also be applicable such as camper, mini -mobile home, etc.
Use - The purpose for which land or structure thereon is designed, arranged or
intended to be occupied or used, or for which it is occupied, maintained, rented or
leased.
Use, Accessory - A use incidental to and customarily associated with the use -by -right
and located on the same lot with the use -by -right, and operated and maintained under
the same ownership with the operation of the use -by -right.
Use By Right - A use which is listed as an unconditionally permitted activity in this
ordinance.
Use, Nonconforming - A use of building or land that does not conform with the
regulations of the district in which the building or land is situated.
Use, Non -Farm - Any use of property which is not encompassed by the definition of
a farm as so defined in this ordinance.
Use, Special - A use permitted in a zone only after specific findings by the Board of
Adjustment of Board of Aldermen.
Variance - A modification or alteration of any of the requirements of this ordinance.
17

Warehouse - A building or compartment in a building used and appropriated by the ,
occupant for the deposit and safekeeping or selling of his own goods at wholesale
and/or for the purpose of storing the goods of.others placed there in the regular course
of commercial dealing and trade to be again removed or reshipped. 1
Wholesale - Sale of a commodity for resale to the public for direct consumption.
Yard - Any open space on the same lot with a building and unoccupied from the '
ground upward except by trees, shrubbery, or fences.
Yard, Front - A yard across the full width of the lot, extending from the front line of S
the building to the front lot line.
Yard, Rear - A yard located behind the rear line of the main building,if extended, to
the perimeter of the lot.
1
Yard, Side - A yard between the building and side lot line, extending from the front
building line to the rear building line.
Zoning Certificate - A certification by the Board of Aldermen or its authorized agents
that a course of action to use or occupy a tract of land or a building, or to erect, install '
or alter a structure, building or sign situated in the extraterritorial jurisdiction of the
town, fully meets the requirements of this ordinance.
I
1
�
18

ARTICLE 4. LOCATIONS AND BOUNDARIES OF DISTRICTS
The locations and boundaries of each of the zoning districts shall be shown on
the map accompanying this ordinance and made a part hereof entitled "Town of
Columbia Official Zoning Map" dated January 5, 1998, and adopted by the Board of
' Aldermen. The zoning map and all the notations, references and amendments thereto
and other information shown, are hereby made a part of this ordinance. The zoning
map shall be kept on file in the office of the Town of Columbia Building Inspector and
shall be available for inspection by the public.
The boundaries of such districts as are shown upon the map attached to this
' ordinance are hereby adopted. The provisions of this ordinance governing within each
type of district the use of land and buildings, height of buildings, building site areas,
sizes of yards around buildings and other matters as are hereinafter set forth are
hereby established and declared to be in effect upon all land included within the
boundaries of each and every district as shown upon said map.
Where uncertainty exists with respect to the boundaries of any of the aforesaid
districts as shown on the zoning map, the following rules shall apply:
Where district boundaries are indicated as approximately
following street lines, alley lines, lot lines or such lines
extended, these lines shall be construed to be such
boundaries.
' Where a district boundary divides a lot, the location of such boundary, unless
the same is indicated by dimensions on the zoning map, shall be one hundred fifty
(150) feet from the nearest street which it parallels.
' In case any further uncertainty exists, the Board of Adjustment shall interpret
the intent of the zoning map as to the location of the district boundaries.
rl
19

I
ARTICLE 5. ESTABLISHMENT OF ZONING DISTRICTS
For the purpose of this ordinance, the Town of Columbia and its extraterritorial
jurisdiction is divided into the following classes of zones:
A-1 Agricultural District
R-7 Residential District
MF Multi -Family District
MFM Multi -Family Manufactured Homes
B-1 Central Business District
B-2 Highway Business District
1-1 Industrial District
HD Historic District - Overlay
OS Open Space District
Agricultural District
This district is defined as large open land areas customarily situated in the
town's extraterritorial jurisdiction. The regulations of this district are designed to
retain the open characteristics of the land. For that reason, the permitted uses are
limited in number.
R-7 Residential District
This district is defined as low density residential areas and additional open areas
where similar residential development will be a viable land use. The uses permitted
in this district are designed to stabilize and protect the essential character of the area
and prohibit all activities of a commercial nature except certain home occupations
controlled by specific limitations.
MF Multi -Family District
This district is defined as a high density residential area where multi -family
dwellings are co -mingled with certain open areas where similar residential development
will be a viable land use. The uses permitted in this district are designed to stabilize
and protect the essential characteristics of the area and prohibit all activities of a
commercial nature except certain home occupations controlled by specific limitations.
MFM Multi -Family Manufactured Homes
This district is defined as a high density residential area where multi -family
dwellings and manufactured home parks are co -mingled with certain open areas where
similar residential development will be a viable land use. The uses permitted in this
district are designed to stabilize and protect the essential characteristics of the area
and prohibit all activities of a commercial nature except certain home occupations
controlled by specific limitations.
PWI

B-1 Central Business District
This district is defined as certain land and structures that provide personal
services, retailing and business services of all kinds to supply the needs of transients
and the residents, business and industry of the entire urban area. The area is located
in the nucleus of the town.
B-2 Highway Business District
This district is defined as certain areas that are designed to serve both
nonresidents and residents using the major arterials that run through or around the
town. This district is designed to accommodate retail or service establishments
customarily patronized by transient traffic as well as nontransient traffic.
1-1 Industrial District
This district is defined as an area where manufacturing establishments may be
developed. This district is customarily located in proximity to railroad sidings and/or
major thoroughfares. The purpose of this district is to permit the normal operations
of almost all industries except those that would be detrimental to adjoining properties.
Excluded from this district are those industries which deal primarily in hazardous
products such as explosives.
HD Historic District - Overlay
This overlay district is intended to promote the educational, cultural, and general
welfare of the public through the preservation and protection of historical buildings,
places and areas, and to maintain such lands as examples of past architectural styles.
OS Open Space District
This district is intended to give particular attention to the nature of protection
and appropriate development of areas of environmental concern as defined in the state
administrative code (EH&NR-Coastal Management Act, 15A NCAC 7H "State
Guidelines for Areas of Environmental Concern," and as defined by the town. The OS
district is located in all areas designated as areas of environmental concern by the
State of North Carolina.
21

ARTICLE 6.
1 6.1 Use
APPLICATION OF GENERAL REGULATIONS
No building or land shall hereafter shall be used or occupied and no building or
part thereof shall be erected, moved or structurally altered except in conformity with
the uses and dimensional regulations of this ordinance, or amendments thereto, for the
district in which it is located.
6.2 Only One Main Building, One Main Use on Lot, and Orientation of a Building -
In all districts, every main building hereafter erected or altered shall be located
on a separate lot, as defined in this ordinance, and in no case shall there be more than
one main building and permitted accessory building on the lot nor more than one main
use (e.g., commercial, industrial or residential) per building and lot; provided that this
requirement shall not apply to manufactured homes or manufactured home parks
' where permitted, permitted accessory uses, nor to unified developments of planned
building groups approved by the Board of Aldermen, nor to a bona fide farm use. This
' ordinance in no way regulates the orientation of a building.
6.3 Minimum Yards
' The minimum yards or other open spaces required by this ordinance, including
those provisions regulating intensity of use, for each and every building hereafter
erected or structurally altered shall not be encroached upon or considered as meeting
the yard or open space requirements or the intensity of use provisions for any other
building.
' 6.4 Lot Subdivision
' No lot shall hereafter be so reduced in area as to cause any open space required
by this ordinance to be less in any dimension than is herein required by the minimum
yard requirements of the zone in which the lot in question is situated.
' 6.5 Certificate of Occupancy
' No final certificate of occupancy/compliance for a commercial, residential or
manufactured home park will be issued until all required site improvements have been
completed.
6.6 Improvements Bond
No final certificate of occupancy/compliance for a commercial, residential, or
mobile home park planned building group will be issued until all required site
improvements have been completed. In lieu of completion of required site
1 improvements, the developer of the planned group may enter into a contract with the
22

Town of Columbia providing for the installation of town improvements within a '
designated period of time. Performance of said contract shall be secured by a cash
or surety bond which will cover the total estimated cost of the improvements as
determined by the Building Inspector; provided, however, that said bond may be
waived by the Board of Aldermen within its discretion.
L
L�
�1
I
Fi
� I
I
23

ARTICLE 7. DISTRICT REGULATIONS
7.1 Table of Permitted Uses
Districts in which particular uses are permitted as a use by right are indicated
by "x." Districts in which particular uses are permitted as a use -by -right with certain
conditions are indicated by 'Y' with a reference to a footnote to this table.
Districts in which particular uses are permitted as a special use upon approval
of the Board of Adjustment are indicated by "s." See the Table of Permitted Uses for
details of each special use.
Districts in which particular uses are prohibited are indicated by a blank. Any
use that is not listed in the Table of Permitted Uses is prohibited.
24

TABLE OF PERMITTED USES
MFM
MF
Multi -Family
OS
PERMITTED USES
A-1
R-7
Multi-
Manufactured
B-1
B-2
1-1
Open
Agricultural
Residential
Family
Homes
Business
Business
Industrial
Space
ACCESSORY BUILDING
x
x
x
x
x
x
x
ACCESSORY USES Incidental to any
x
x
x
x
x
x
x
permitted use (see note 1)
ADDRESSING SERVICE
x
x
ADULT BUSINESS
x
ALCOHOLIC BEVERAGES,
x
x
PACKAGED, RETAIL SALE
AMBULANCE SERVICE
x
ANIMAL MEDICAL CARE
x
(incl. kennel operations)
APPAREL & ACCESSORY SALES
x
x
ASSEMBLIES (Assembly Hall,
x
Armory Stadium, Coliseum)
ART GALLERY
x
x
AUCTION SALES (excl. livestock
x
auctioning)
AUTOMOBILE OFF-STREET PARKING
x
x
x
x
x
(commercial lots)
AUTOMOBILE PARTS & ACCESSORY
x
SALES
AUTOMOBILE AND TRUCK RENTAL
x
x
AUTOMOBILE REPAIR AND/OR BODY
x
WORK (excl. commercial wrecking,
dismantling or storage of junked
vehicles)
25

M= i M = = M = = M r M M i M M M
Table of Permitted Uses (Continued)
MFM
MF
Multi -Family
OS
PERMITTED USES
A-1
R-7
Multi-
Manufactured
B-1
B-2
1-1
Open
Agricultural
Residential
Family
Homes
Business
Business
Industrial
Space
AUTOMOBILE SALES, NEW AND
x
USED
AUTOMOBILE SERVICE STATION
x
x
OPERATIONS
AUTOMOBILE LAUNDRYING
x
BAKERY PRODUCTION AND
x
x
WHOLESALE SALES
BAKING, ON -PREMISES AND RETAIL
x
x
ONLY
BANK, SAVINGS & LOAN COMPANY
x
x
AND OTHER FINANCIAL ACTIVITIES
BARBER OR BEAUTY COLLEGE
x
x
INSTRUCTION
BARBERING & HAIRDRESSING
x
x
SERVICES
BICYCLE SALES & REPAIR
x
BLACKSMITH SERVICES
x
BOARDING HOUSE OPERATION
x
BOATS AND ACCESSORIES, RETAIL
x
SALES AND SERVICE
BONA FIDE FARMS
x
x
BOOKS AND PRINTED MATTER,
x
x
DISTRIBUTION
BOOKS BINDING
x
BOTTLED GAS DISTRIBUTION,
x
STORAGE (see Note 2)
26

Table of Permitted Uses (Continued)
PERMITTED USES
A-1
Agricultural
R-7
Residential
MF
Multi-
Family
MFM
Multi -Family
Manufactured
Homes
B-1
Business
B-2
Business
1-1
Industrial
OS
Open
Space
BOTTLING
x
BUILDING SUPPLY (no outside
storage)
x
x
BUILDING SUPPLY (with outside
storage)
x
BUS REPAIR AND STORAGE
TERMINAL ACTIVITIES
x
x
BUS STATION ACTIVITIES
x
CABINET MAKING
x
CANDY OR CONFECTIONERY
MAKING ON PREMISES AND RETAIL
ONLY
x
CARPET AND RUG CLEANING
x
CATALOGUE SALES
x
CELLULAR PHONE TOWERS
s
s
s
CEMETERY
s
s
s
CHURCH
x
x
x
x
x
CLINIC SERVICES, MEDICAL &
DENTAL
x
CLUB OR LODGE
x
COAL SALES & STORAGE
x
CONSTRUCTION STORAGE
x
CONTRACTOR, GENERAL (excl.
outside storage of equipment or
supplies)
x
x
27
M r M M ! M M M M 1• M !• M M M = M M M

M M M M M M M M M i M M M M M i M M M
Table of Permitted Uses (Continued)
MFM
MF
Multi -Family
OS
PERMITTED USES
A-1
R-7
Multi-
Manufactured
B-1
B-2
1-1
Open
Agricultural
Residential
Family
Homes
Business
Business
Industrial
Space
CONTRACTOR, GENERAL (with
x
outside storage of equipment or
supplies)
CONTRACTOR, TRADES (excl.
x
x
outside storage of equipment or
supplies)
CONTRACTOR, TRADES (with outside
x
storage of equipment or supplies)
CURIO AND SOUVENIR SALES
x
DAIRY PRODUCTS SALES, ON
x
x
PREMISES, RETAIL SALES ONLY
DAIRY PRODUCTS, SALES &
x
x
PROCESSING
DAY CARE CENTER (kindergarten)
s
s
s
s
s
DELICATESSEN OPERATION (incl.
x
x
catering)
DOCKS (private)
x
x
x
x
DRY CLEANING & LAUNDRY,
x
x
COMMERCIAL (see Note 3)
DRY CLEANING OR LAUNDERING
x
x
(customer self-service) [see Note 31
DWELLING, SINGLE FAMILY
x
x
x
x
x
[see Note 121
DWELLING, TWO FAMILY
x
DWELLING, MULTI FAMILY
x
x
EATING OR DRINKING FACILITIES
x
x
(drive-ins excluded)

Table of Permitted Uses (Continued)
PERMITTED USES
A-1
Agricultural
R-7
Residential
MF
Multi-
Family
MFM
Multi -Family
Manufactured
Homes
B-1
Business
B-2
Business
1-1
Industrial
OS
Open
Space
EATING OR DRINKING FACILITIES
(drive-ins included)
x
EMPLOYEES SERVICE (not designed
for or available to public customers)
x
x
x
EXTERMINATING SERVICE
x
x
FAIRGROUND ACTIVITIES
x
FARM MACHINERY SALES AND
SERVICING
x
x
FARM SUPPLIES MERCHANDISING
(excl. farm machinery)
x
x
FILL (earth elevation)
x
x
x
x
x
x
x
x
FIRE STATION OPERATIONS
x
x
x
x
FLOWER SHOP
x
x
FOOD SALES
x
x
FOOD FREEZER OPERATIONS
x
x
FUNERAL HOME
x
FUR SALES, incl. cold storage
x
GAME FARM
x
x
HARDWARE, PAINT & GARDEN
SUPPLY SALES (excluding bulk
storage of chemicals)
x
x
HATCHERY OPERATIONS
x
x
HOME CARE UNIT (see Note 4)
s
29

= = = = M M = = = M = = M
Table of Permitted Uses (Continued)
PERMITTED USES
A-1
Agricultural
R-7
Residential
MF
Multi-
Family
MFM
Multi -Family
Manufactured
Homes
B-1
Business
B-2
Business
1-1
Industrial
OS
Open
Space
HOME FOR THE AGED (see Note 4)
s
HOME FURNISHING & APPLIANCE
SALES
x
x
HOME OCCUPATION (see Note 5)
x
x
x
ICE MANUFACTURING
x
INDUSTRIAL SALES OF EQUIPMENT
OR REPAIR SERVICE
x
INDUSTRIAL OPERATIONS NOT
OTHERWISE LISTED HEREIN (except
uses listed in Note 6)
x
JANITORIAL SERVICE
x
x
KENNEL OPERATIONS, CARE
x
LABORATORY OPERATIONS,
MEDICAL OR DENTAL
x
x
LABORATORY RESEARCH
x
LIBRARY
x
x
x
LIVESTOCK SALES & AUCTIONING
x
LOCKSMITH, GUNSMITH
x
MACHINE TOOL MANUFACTURING
OR WELDING
x
MANUFACTURED HOME, Temporary
Residential Occupancy
s
s
MANUFACTURED HOME, Permanent
Residential Occupancy (see Note 7)
x
x
30

Table of Permitted Uses (Continued)
MFM
MF
Multi -Family
OS
PERMITTED USES
A-1
R-7
Multi-
Manufactured
B-1
B-2
1-1
Open
Agricultural
Residential
Family
Homes
Business
Business
Industrial
Space
MANUFACTURED HOME (Individual)
s
s
s
x
for Office and Exhibition
MANUFACTURED HOME PARK but
x
excl. any manufactured home sales
MANUFACTURED HOME SALES but
x
excl. any residential occupancy
MARINAS, Public and Private, as
x
x
x
defined by 15A NCAC 7H
MOTEL, HOTEL OR MOTOR COURT
x
OPERATIONS
(see Note 8)
MONUMENT SALES
x
MONUMENT WORKS
x
NEWSPAPER PUBLISHING
x
NEWSSTAND SALES
x
x
NURSERY OPERATIONS (plant)
x
x
x
NURSING HOME
s
s
OFFICE USE of a doctor, dentist,
x
x
osteopath, chiropractor, optometrist,
physiotherapist, or other medically
oriented profession
OFFICE USE with no on -premises
x
x
x
stock of goods for sale to the general
public and the operations and services
of which are customarily conducted
by means of written, verbal, or
mechanically reproduced
communications material
31
M G M M M M M M M M M M M M! M M M M

M
Table of Permitted Uses (Continued)
MFM
MF
Multi -Family
Os
PERMITTED USES
A-1
R-7
Multi-
Manufactured
B-1
B-2
1-1
Open
Agricultural
Residential
Family
Homes
Business
Business
Industrial
Space
OFFICE SUPPLIES & EQUIPMENT
x
SALES AND SERVICE
OPTICIAN SERVICE
x
x
PAWN SHOP
x
PET SALES, excl. kennel activities or
x
x
outside storage of animals
PHARMACEUTICAL SALES
x
x
PHOTOGRAPHY, COMMERCIAL
x
x
PLATING
x
POST OFFICE
x
x
PRIVATE RECREATION CLUB OR
s
s
s
SWIMMING CLUB ACTIVITIES NOT
OPERATED AS A BUSINESS FOR
PROFIT
PRINTING & REPRODUCTION
x
x
x
PUBLIC RECREATION (such as
x
x
x
x
x
x
x
community center buildings, parks,
museums, playground, tourism
facilities, and similar facilities operated
on a nonprofit basis)
PUBLIC ELECTRICAL UTILITY
s
s
s
s
s
s
s
s
STATION OR SUBSTATION
PUBLIC UTILITY WORKS, SHOPS OR
x
x
STORAGE YARDS
QUARRY OPERATIONS
x
32

Table of Permitted Uses (Continued)
MFM
MF
Multi -Family
OS
PERMITTED USES
A-1
R-7
Multi-
Manufactured
B-1
B-2
1-1
Open
Agricultural
Residential
Family
Homes
Business
Business
Industrial
Space
RADIO OR TELEVISION STUDIO
x
s
s
s
ACTIVITIES ONLY
RADIO OR TELEVISION
s
x
x
TRANSMITTING (Commercial)
RAILROAD STATION OPERATIONS
x
x
RAILROAD YARD OPERATIONS
x
RECREATION OR AMUSEMENT
x
ENTERPRISE conducted outside a
building and for profit, and not
otherwise listed herein
RECREATION OR AMUSEMENT
x
x
ENTERPRISE conducted inside a
building and for profit, and not
otherwise listed herein
REDUCING SALON CARE
x
x
REPAIR, RENTAL AND/OR SERVICING
x
x
x
of any product the retail sale of which
is a use -by -right in the same district
and not otherwise listed herein
RETAILING OR SERVICING with
x
operations conducted and
merchandise stored inside and/or
outside a building and not otherwise
listed
RETAILING OR SERVICING with
x
operations conducted and
merchandise stored entirely within a
building and not otherwise listed
herein
33
M M M M M M M M ! M M i M M M M M M M

= M = = = = = = r = = = = M M M M M M
Table of Permitted Uses (Continued)
PERMITTED USES
A-1
Agricultural
R-7
Residential
MF
Multi-
Family
MFM
Multi -Family
Manufactured
Homes
B-1
Business
B-2
Business
1-1
Industrial
OS
Open
Space
RIDING ACADEMY
x
SALVAGE OPERATION (see Note 9)
x
SATELLITE ANTENNAS (see Note 11)
x
x
x
x
x
x
SAWMILL OR PLANING ACTIVITIES
x
SECOND HAND & SWAP SHOP
SALES
x
SCHOOL, BUSINESS & COMMERCIAL
x
x
SCHOOL, PRIVATE, ELEMENTARY OR
SECONDARY
s
s
s
S
SCHOOL, PUBLIC
x
x
x
x
SCHOOL, TRADE OR VOCATIONAL
x
x
SEXUALLY ORIENTED BUSINESS
x
SHEET METAL FABRICATION
x
SHORELINE ACCESS (including boat
ramps)
x
x
x
x
x
x
SIGN
See Article 12 for permitted areas and regulations.
SIGN, OUTDOOR ADVERTISING
(see Article 12)
x
x
x
SIGN, PUBLIC SERVICE
INFORMATION
x
x
x
STORAGE, FLAMMABLE (see Note 2)
x
STORAGE, OPEN (see Note 9)
x
STORAGE, WAREHOUSE
x
TAILORING (Dressmaking)
x
x
34

Table of Permitted Uses (Continued)
MFM
MF
Multi -Family
OS
PERMITTED USES
A-1
R-7
Multi-
Manufactured
B-1
B-2
1-1
Open
Agricultura►
Residential
Family
Homes
Business
Business
Industrial
Space
TAXICAB STAND OPERATIONS
x
x
TEACHING of Art, Music, Dance,
x
x
Dramatics, or Other Fine Arts
TELEPHONE EXCHANGE
s
s
s
s
x
x
x
OPERATIONS
TEMPORARY CONSTRUCTION
x
x
x
x
x
x
x
BUILDING
THEATER PRODUCTIONS, Indoor
x
x
TIRE RECAPPING (see Note 1)
x
x
TOBACCO SALES WAREHOUSING
x
x
TOBACCO PROCESSING
x
TOURIST HOME OPERATIONS
x
TRAILER RENTALS
x
x
TRAVEL TRAILERS (see Note 10)
x
TRUCK TERMINAL ACTIVITIES,
x
Repair & Hauling and/or Storage
UPHOLSTERING OR FURNITURE
x
x
REFINISHING
VARIETY GIFT & HOBBY SUPPLY
x
x
SALES
VENDING MACHINE RENTAL
x
WHOLESALE SALES with operations
x
x
conducted and merchandise stored
entirely within a building and not
otherwise listed herein
35
M = = = = M = = = = r M M = = M = M

7.2 Notes to the Table of Permitted Uses
Note 1. Accessory Uses. No permanent residential occupancy shall be allowed
as an accessory use in the B-1, B-2, or 1-1 districts. An accessory use in R-7 or MF
districts shall not include the residential occupancy of an accessory building except
by domestic employees employed on the premises and the immediate family of such
employees. Swimming pools as an accessory use in R-7 or MF districts shall be
enclosed by protective fencing not less than five (5) feet in height.
Note 2. Storage of Flammable. The storage of flammables shall not be
permitted or considered a use -by -right except when such authorization for said use is
given by the Tyrrell County Fire Marshall relative to compliance of proposed storage
facilities with state and Tyrrell County fire regulations.
Propane gas shall not be stored for sale in the B-2 district in tanks larger than
4.7 gallons (20 pounds). There shall be no more than fifteen (15) tanks stored on any
one individual parcel of property or business at any given time. All bottled gas tanks
shall be U.L. (Underwriter Laboratories, Inc.) approved and maintained in good
condition with no visible signs of rust.
Note 3. Dry Cleaning and Laundry Establishments shall be permitted when only
oil, gas or electricity is used for heat. Screening and filtering devices shall be used to
prevent the emission of smoke, dust, fumes, odors, or steam into the atmosphere.
Note 4. Home Care Unit. Home care units shall be situated on at least a
20,000 square foot lot and provide approved facilities to adequately accommodate
1,000 gallons of waste water per day if not connected to a central sewerage system.
Note 5. Home Occupations. Home occupations are permitted only as an
incidental use and are limited to the following:
(a) The office or studio of a physician, artist (not inclusive of a studio of a
commercial photographer), general or trades contractor, musician,
insurance agent, lawyer, real estate broker, teacher or other like
professional person residing on the premises, provided no chattels or
goods, wares or merchandise are commercially created, displayed,
exchanged or sold;
(b) Workshops not conducted for profit;
(c) Customary home occupations such as millinery, dressmaking, laundering
or pressing and tailoring conducted by a person residing on the premises;
(d) Rooming and/or board of not more than three (3) persons; for which a
rent is charged;
(e) Single operator beauty shop or barber shop; and
36

Provided, furthermore, the home occupations listed above shall be permitted '
subject to the following limitations:
-- No display of products;
-- No mechanical equipment shall be installed or used except such that is
normally used for domestic or professional purposes and which does not
cause noises or other interference in radio and television reception;
-- No accessory buildings or outside storage shall be used in connection '
with the home occupation;
-- Not over twenty-five (25) percent of the total floor area or five hundred
(500) square feet, whichever is less, shall be used for a home
occupation;
-- Only residents of the dwelling may be engaged in the home occupation
except any physician or dentist licensed by the State of North Carolina
shall be allowed to have one (1) nurse or assistant who is not a resident
of the dwelling.
Note 6. Industries. The following industrial uses shall not be allowed:
(a) The manufacturing, processing, fabrication and/or bulk storage of
acetylene gas (except for use on premises), ammunition, explosives,
fireworks, gunpowder, junk or matches;
(b) The manufacturing, processing and/or fabrication of acids (except
noncorrosive acids), ammonia, ammonium nitrate, animal byproducts,
bleaching powder, cellulose, chlorine, creosote and creosote treatment,
detergents, enamels, lacquers, "lime," linoleum, oilcloth, paints, paper
pulp, pigments, lime plastic, rubber (except tire recappers), soaps,
tannery products, turpentine, varnishes, whiting and/or wood fillers. The
fabrication of plastics is exempt from this prohibition.
Note 7. Individual Manufactured Homes Permanent Occupancy. Individual
manufactured homes for permanent occupancy which are located in the MFM
residential zone must comply with the following:
-- All roof structures shall provide an eave projection of no less than six
inches, which may include a gutter;
-- The manufactured home is set up in accordance with the standards set '
by the North Carolina Department of Insurance and a continuous,
permanent curtain wall, unpierced except for required ventilation and
access, is installed under the perimeter of the manufactured home; ,
37

1
I
-- Stairs, porches, entrance platforms, ramps and other means of entrance
and exit to and from the home shall be installed or constructed in
accordance with the standards set by the North Carolina Department of
Insurance, attached firmly to the primary structure and anchored securely
to the ground; and
-- The moving hitch, wheels and axles, and transporting lights have been
removed.
Note 8. Motel, Hotel, or Motor Court Operations. An apartment (one single
unit), dwelling single-family, or manufactured home may be maintained as an
accessory use to a motel, hotel, or motor court for use as a dwelling unit for the full-
time manager and their family.
Note 9. Salvage Operations. Salvage operations involving outside storage shall
be enclosed by a solid fence or wall not less than six (6) feet and not more than ten
(10) feet in height. No outside storage shall encroach upon the required setback. This
requirement shall apply to any type of salvage operations, inclusive of used car
dealerships.
Note 10. Travel Trailers. Travel trailers occupied for home habitation must be
located in an approved manufactured home park. Travel trailers which are not
occupied may be stored at any location, provided that such storage is not relating to
mobile home sales, and further provided that such storage is not upon the right-of-way
of any public street or public land.
Note 11. Satellite Antennas. No satellite antenna or other antenna may be
constructed or placed on any lot or structure without first obtaining a permit from the
zoning administrator. A reasonable fee for the processing of an application for
placement of an antenna may be charged by the town.
Location.
1. No conventional or satellite television or radio antenna may be placed in
the front yard, beyond the front of the principal structure, of any lot in
the town.
2. A ground -mounted conventional television or radio antenna may be
placed on a lot only in the rear yard.
3. A satellite television antenna may be placed on a lot only in the rear yard,
provided however, that on a convincing showing that a reasonably
satisfactory television signal cannot be obtained from a rear yard
location, the zoning administrator shall permit the antenna to be located
in the side yard, and if such a signal cannot be obtained in either yard,
the zoning administrator shall permit the antenna to be located on the
roof of any main or accessory building on the lot.
0]

4. All ground -mounted television and radio receiving antennas and satellite ,
television antennas shall be located no less than five (5) feet from any
lot line.
5. No ground -mounted receiving antenna or satellite television antenna may
be erected on a public easement.
Antenna Size and Number.
1. No ground -mounted satellite television antenna may exceed ten (10) feet '
in height, as measured from the ground to the highest point of the
antenna, provided however, that on a convincing showing that a '
reasonably satisfactory television signal cannot be obtained within the
ten (10) foot height limitation, the zoning administrator may permit the
antenna to be constructed at a height not to exceed eighteen (18) feet.
2. A roof -mounted satellite television antenna may extend above the roof
line no more than three feet, unless it is to be installed on multi -story
buildings of four or more stories, in which case the antenna may not
exceed ten (10) feet in height above the level of the roof upon which it
is placed.
3. The diameter of satellite television antennas shall not exceed 12 feet.
4. No lot shall have, at any one time, more than one satellite television
antenna.
Miscellaneous '
1. The color of any satellite television antenna shall be dark brown, black,
forest green, or beige and shall be of solid color and unadorned.
2. A ground -mounted conventional television, radio, or satellite television ,
antenna shall be effectively screened year round from view at ground
level from any adjacent lot, public or private street, right-of-way, or
easement to a minimum height of six (6) feet above grade. Said t
screening is not required to be so complete that it interferes with the
reception of the antenna. If an antenna or dish should exceed ten (10)
feet in height, said screening shall be a minimum of fifty percent (50%)
of the height of the structure.
Screening shall be provided by one or more of the following: the
dwelling of the lot where the antenna is located; garages, storage
buildings, or other provisions that meet zoning requirements; a solid
wood or masonry fence or wall; or, natural plants or trees so planted as
to provide year round screening.
39

1
r
If a landscape treatment is used, all plant materials must be medium to
fine texture evergreen and at least three (3) feet in height when planted,
and spaced in such a manner that when mature will be complete opaque
to the required minimum height of six (6) feet. If an antenna or dish
should exceed ten (10) feet in height the screening plants shall be
twenty-five percent (25%) of the height of the structure when planted
and spaced in such a manner that when mature will be completely
opaque to the required minimum height of fifty percent (50%) of the
height of the structure.
3. All roof -mounted satellite television antennas extending more than three
(3) feet above the roof line shall be concealed from ground level view
either by a parapet wall or by exterior architectural material.
4. All television and radio antennas shall be grounded against direct
lightning strike.
5. All television and radio antennas shall be erected in a secure, wind -
resistant manner as prescribed by the North Carolina Building Code.
6. All wiring necessary for the use of the antenna between any ground -
mounted antenna and a building or between the building on which the
antenna is located and any other building on the lot shall be buried
underground.
Note 12. Single -Family Residential in B-1. Single-family residential allowable
in B-1 Business when limited to the following conditions: a) minimum building floor
area of 800 square feet per residential unit; b) residential usage other than second
floor of building shall be a special use and shall require a Special Use Permit under
Article 10.
.O

ARTICLE 8.
TABLE OF AREA, YARD AND HEIGHT REQUIREMENTS
(see note 1)
MAXIMUM
DISTRICT
MINIMUM
LOT SIZE
MINIMUM
YARD REGULATIONS
HEIGHT OF
(see Notes 2 and 3)
STRUCTURE
(see Note 4)
Side Yard
Area in Sq.Ft.
Sq.Ft. per Frontage
Front Yard
Width in Feet
Rear Yard
In Feet
(see Note 7)
Dwelling Unit In Feet
Setback in Feet
(see Note 6)
Depth in Feet
A-1
20,000 without
20,000 without 100
50
15
40
35
Agricultural
water and sewer
water and sewer
15,000 with either
15,000 with either
water or sewer
water or sewer
R-7
7,500
7,000 60
16
8
20
35
Residential
MF*
Two Family
7,500
3,500 60
16
10
20
35
Multi -Family
7,500 for the first
60
25
8
20
56
two dwelling units
and 2,500 for
each additional
dwelling unit
B-1
10
10
56
Central
(see Note 5)
Business
District
B-2
50
20
20
56
Highway
Business
District
1-1
25
10
10
None
Industrial
OS
Open Space
*Manufactured home parks shall adhere to the manufactured home park
regulations set forth in Article 9 of this zoning ordinance.
41

1
8.1 Notes to the Table of Area, Yard and Height Requirements
Note 1. Special Use Requirements Take Precedence. Area, yard and height
requirements as specified in the issuance of a special use permit shall take precedence
over area, yard and height requirements as set forth in the Table of Area, Yard and
Height Requirements.
Note 2. Variance for Prior Lots of Record. The owner of any separate lot
described in a deed recorded in the Tyrrell County Registry as of the date of adoption
of this provision which lot cannot comply with the square footage requirements of this
ordinance but does not comply with the prior square footage requirement, may apply
to the Town Board of Aldermen for a special building permit. The special building
permit may allow construction or repairs on such a lot but subject to any conditions
imposed by the board and set out in the permit.
Note 3. a) Corner Lots. On a corner lot, a side yard setback consisting of one
half (1/2) of the distance of the required front yard setback up to a maximum of
twenty (20) feet shall be maintained between any building and the side street. This
requirement shall not be applied so as to reduce the building width of a residentially
zoned corner lot of record at the time of passage of this ordinance to less than 30
feet, nor to prohibit the erection of any access building where this requirement cannot
reasonably be complied with as determined by the Board of Adjustment.
b) Miscellaneous Exceptions. Steps, fire escapes, stairways, balconies
and chimneys only project into a minimum yard not more than four feet and an
unenclosed porch may project into the required front or rear yard not more than ten
feet.
Sills, cornices, buttresses, ornamental features and similar items may
project into a required yard not more than thirty inches.
' Carports open on three sides may encroach on a side yard to a distance
of not less than five feet from a side lot line, except on the street side yard of a corner
lot where the setback shall be one-half (1/2) of the distance of the required front yard
1 setback up to a maximum of twenty (20) feet. Storage areas may be constructed
across the rear of a carport open on three sides that encroaches on a side yard,
provided such storage area shall not contain more than seventy-two (72) square feet
' nor constitute more than eighteen percent (18%) of the area contained in the carport,
whichever is less.
' c) Retaining Walls. The setback and yard requirements of this ordinance
shall not apply to a retaining wall not more than five feet high, as measured from the
lowest ground elevation to the top of the wall. The Board of Adjustment may permit
' a retaining wall greater than five foot height where it finds that due to the topography
of the lot, such a wall is necessary.
42

d) Fences and Walls. In residential zones, fences and walls not over
3'0" high may project into or may enclose any front yard; however, no fence may be
constructed on or in a public street right-of-way. Side and rear yards may be enclosed
by fences or walls 6'6" high. In no case in a residential zone shall a fence or wall over
3'0" high be extended closer to the street right-of-way line, which parallels the front
property line, than the front corner of the main building situated on the lot or 25 feet
from said street right-of-way, whichever is greater. In the 1-1 district, a solid or open
fence or wall may be erected to a maximum height of ten feet.
e) Open Storage. Any open storage not enclosed within the confines of
a building, such as boxes, crates, trash piles, machinery and merchandise with open
display that results from the commercial operation it is part of, shall be enclosed or
hidden from view along any property lines adjacent to or in a residential zone by a
wall, fence and/or screening. This provision shall apply in any commercial or industrial
use abutting or in a residential zone.
f) Accessory Buildings. Detached garages and accessory buildings to
residential uses may be constructed in the rear yard provided they are located no
closer than 5'0" to any adjoining lot line, except on the street side yard of a corner lot
the setback shall be one-half (1/2) of the distance of the required front setback up to
a maximum of twenty (20) feet. Accessory buildings may not exceed two hundred
(200) square feet. Accessory structures shall not exceed two hundred (200) feet of
enclosed area.
Note 4. Height Restrictions/Modifications. Any building over three (3) floors
in height shall have sprinkler systems installed. In addition to the height restrictions,
no building shall exceed five (5) stories in height.
Note 5. B-1 Side Yard. In the B-1 district, a zero (0) side yard may be allowed
if adjacent/tangent buildings share a common fire wall which satisfies North Carolina
State Building Code requirements.
Note 6. Corner Lot Sight Clearance. On a corner lot which abuts a state or
town maintained right-of-way, no planting, structure, fence, wall or other obstruction
to vision more than three (3) feet in height shall be placed or maintained within the
triangular area formed by the intersecting street right-of-way lines and a straight line
connecting points on said lines of which is eleven (1 1) feet distance from the point of
intersection.
Note 7. Triangular Lots. Triangular lots must be able to contain a rectangular
building in accordance with other code requirements with no side less than sixteen
(16) feet.
EEC]

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

Placement of
Buildings --
I
(1)
There shall be maintained at least thirty (30) linear feet of open space
between individual and unattached buildings in a residential planned
,
building group.
(2)
Any group of buildings forming a courtyard shall have at least 25% of a
perimeter of such courtyard open for access by emergency vehicles.
,
(3)
Where the length of a street exceeds two hundred (200) feet and where
there exists six or more dwelling units, an area must be provided for the
turnaround of fire fighting vehicles on a paved or graveled surface. This
,
area shall not be used for parking and shall subscribe a circular area
having a radius of 17.5 feet or shall have a configuration which provides
comparable turnaround space.
,
(4)
Locations for fire hydrants must be shown within 500 feet, as measured
along the access drive from every dwelling unit in the planned building
group. All hydrants must be served by a water main of sufficient size.
In no case shall the minimum size main be less than six inches in
diameter.
'
9.2 Manufactured Home Park Regulations
All manufactured home parks existing on the effective date of this ordinance
'
cannot expand unless such expansions comply with all applicable procedures and
requirements of this ordinance. Any manufactured home park constructed after the
effective date of this ordinance failing to comply with the applicable provisions of this
'
ordinance is hereby declared to be a nonconforming use of land.
All manufactured home parks constructed after the effective date of this
'
ordinance shall continuously comply with the general requirements of this ordinance.
Failure to meet continuously each of the general requirements shall be grounds for
'
revocation of the Certificate of Occupancy/Compliance.
Minimum Requirements for Manufactured Home:
'
Minimum
Lot Area -- The minimum area of twenty-five (25) manufactured home spaces shall
be mandatory for the establishing of a manufactured home park.
Individual manufactured home spaces shall be at least fifty (50) feet in
width and shall contain at least 5,000 square feet of area. In addition,
t
the park shall have sufficient area to provide for required access drives,
play areas, barriers, etc.
,
Parking -- Two off-street parking spaces for each manufactured home lot plus one
space for each three manufactured homes. Off-street parking spaces
shall not be considered part of the required minimum lot area of any
t
manufactured home space.
45

Plans sealed by a licensed engineer are required and must show:
Structures - Location and approximate size of all existing and proposed buildings and
structures within the site and public or private easements or rights -of -
way adjoining or intersecting such property.
Circulation - Proposed points of access and egress and pattern of internal circulation.
All manufactured home spaces shall abut upon an interior drive.
Parking - Location of and arrangement of all proposed automobile parking spaces.
Minimum Manufactured Home .Space Requirements -
Minimum MH Space Requirement
Area:
(A)
15,000 square feet public water and public sewerage not provided.
'
(B)
10,000 square feet public water or public sewerage provided.
(C)
7,000 square feet public water and sewerage provided.
'
Width:
(A)
15,000 square feet/75 feet.
(B)
(C)
10,000 square feet/75 feet.
7,000 square feet/50 feet.
Setbacks:
(A) Front yard setback at location of stand - 20 feet.
(B) Side yard setback at location of stand - 10 feet.
' (C) Rear yard setback at location of stand - 10 feet.
Manufactured homes shall be located no closer than twenty-five (25) feet to
any exterior property line of the MH park. No more than one (1) MH may be
parked on any MH space.
The surface of each MH stand shall consist of a minimum size of thirteen (13)
feet by sixty (60) feet, placed on properly graded and compacted soil.
Other Details -
(1) Location and dimensions of individual manufactured home spaces.
(2) Provision for storm drainage and a sedimentation and erosion control
plan.
(3) Location and size of open play space and all other accessory features
customarily incidental to the operation of a manufactured home park.
Other Requirements -
(1) There shall be a yard clearance of at least twenty (20) feet between each
manufactured home, including manufactured homes parked end to end.
MR

Manufactured homes shall be located no closer than twenty-five (25) feet ,
to any exterior property line of the park, and no closer than ten (10) feet
to the edge of any interior drive or walkway.
(2) Water and sewerage services must be approved b the Planning Board. ' pp Y g
(3) A recreation area of at least 200 square feet per manufactured home
space shall be provided.
(4) All interior drives providing access to two or more lots must be paved to '
a width of at least 18 feet, except one-way drives shall be at least 10
feet wide. Paved walkways of not less than two feet in width shall ,
connect all service buildings to abutting drives.
(5) No manufactured home for occupancy exceeding two weeks shall be
placed in a manufactured home park unless it contains at least 200
square feet of gross floor area and a built-in bathroom with a water
closet, a lavatory, and a sink or tub which are in working condition.
Manufactured homes not meeting the above requirements may be
permitted, for a period not to exceed two weeks, in an approved
manufactured home park provided adequate sanitary facilities are '
available in a separate building which meets the requirements of this
ordinance. Manufactured home parks providing spaces for manufactured
homes not meeting the above listed criteria shall provide bath facilities ,
in a service building located not more than 250 feet from each such
space. Such bath facilities shall be provided at a ratio of one bath per
five such spaces. A full bath shall be considered to consist of one water ,
closet, one lavatory, and one tub or shower, regardless of the
arrangement of the facilities. Where both facilities are provided,
provisions must be made for separate male and female facilities. I
Service buildings shall be well lighted at all times of the day and night.
All administrative and service buildings shall be maintained in clean,
sightly condition and kept free of any condition that will menace the
health of any occupant or the public or constitute a nuisance. t
(6) Every manufactured home park shall be equipped at all times with fire
extinguishing equipment in good condition, of such size, type and t
number and so located as to meet all regulations enforced by the Tyrrell
County Fire Marshall.
(7) All interior drives and walkways shall be lighted with electric lamps.'
Y 9
(8) Two metal garbage cans with tight fitting covers and a capacity of at '
least twenty (20) gallons and not more than thirty (30) gallons shall be
provided for each manufactured home space. Garbage cans shall be ,
47

I
' located no further than 100 feet from any manufactured home space.
The cans shall be kept in sanitary condition in an approved rack at all
1 times.
(9) For the purpose of safety and meeting emergencies, one telephone for
each twenty-five (25), or fraction thereof, manufactured home spaces
shall continuously be provided to the entire occupancy of the park at
convenient locations.
(10) All facilities must comply with North Carolina State handicapped
requirements.
' 9.3 Business Planned Building Group Regulations
The following planned building group regulations shall be adhered to in the
development of B-2 zoned property when more than one commercial building is to be
developed on a single parcel.
Parking and
Loading -- Five -tenths (5/10) of a parking space per 100 square feet of leasable
building area. One loading space for each 10,000 square feet of
enclosed leasable building space.
Screening and
Fencing -- A screen not less than six (6) feet high of dense plant material and/or
fence where lot abuts a residentially zoned lot.
Plans sealed by a licensed engineer are required and must show:
Structures - Location and approximate size of all existing and proposed structures
within the site, and all buildings and structures within 500 feet in
addition to public or private easements or rights -of -way adjoining or
intersecting such property.
Circulation - Proposed points of access and egress and proposed pattern of internal
automobile and pedestrian circulation.
Parking and
Loading - Location and extend of proposed parking and loading areas.
Other Details -
(1) Proposed provision for storm drainage and sanitary sewerage, approved
by the Planning Board.
(2) Size and proposed location of any signs.
(3) Proposed solid waste storage facilities.
(4) Proposed water system and fire fighting facilities such as hydrants or
sprinkler connections.
M:

(5) Types of surfacing, slope, grade and cross-section of drives, sidewalks,
malls, etc.
(6) The location and heights of all fences, walls, and hedges shall be shown.
(7) Profiles of publicly maintained water and sewer lines.
(8) Profiles, cross -sections and slopes of on -site and off -site ditches carrying
water runoff.
(9) Erosion and sedimentation control plan.
(10) Lighting plan inclusive of wattage and illumination.
(1 1) Installation of curb and gutter shall be mandatory.
(12) Depict traffic control devices.
(13) Points of access and egress shall consist of driveways or roadways at
least 20 feet in width and shall be set back a sufficient distance from
highway intersections to minimize traffic hazards, inconvenience, and
congestion.
(14) Parking areas shall have a stabilized surface with parking space and
traffic lanes clearly marked.
Placement of
Buildings --
(1) Exterior walls of unattached buildings shall be located no closer than a
distance equal to the height of the taller building.
(2) Any courtyard created by the placement of the buildings shall have at
least 25% of its perimeter open for access by emergency vehicles.

I
11
ARTICLE 10. SPECIAL USES
10.1 Obiectives and Purpose
Permitted special uses add flexibility to the zoning ordinance. Subject to high
standards of planning and design, certain property uses are allowed in the several
districts where those uses would not otherwise be acceptable. By means of controls
exercised through the special use permit procedures, property uses which would
otherwise be undesirable in certain districts can be developed to minimize any bad
effects they might have on surrounding properties.
The uses for which special use permits are required are listed in this section,
along with a detailed description of the procedures which must be followed in the
approval of each such permit. Uses specified in this section shall be permitted only
upon the issuance of a special use permit.
10.2 Procedure for Special Use Permits Approved by the Planning Board
A special use permit may be issued by the Building Inspector after approval by
the Planning Board, for the uses as designated in the table of regulations for special
uses. The application for a special use permit shall accompany the application for a
Certificate of Occupancy/Compliance. The application for the special use permit shall
be filed fourteen (14) days prior to the date of review by the Planning Board. With the
exception of special use permit requests for the occupancy of individual manufactured
homes under the Hardship, Agricultural Areas Exception, of Office and Exhibition
provisions of this ordinance, the Planning board shall hold a public hearing prior to
rendering a decision on the approval of a special use permit. The special use permit,
if approved, shall include approval of such plans as may be required. In approving the
permit, the Planning Board shall find:
(1) That the use will not materially endanger the public health, safety or
general welfare if located where proposed and developed according to
the plan as submitted and approved;
(2) That the use meets all required conditions;
(3) That the use will not adversely affect the use or any physical attribute of
adjoining or abutting property, or that the use is a public necessity; and
(4) That the location and character of the use, if developed according to the
plan as submitted and approved, will be in harmony with the area in
which it is to be located and in general conformity with the plan of
development of the Town of Columbia.
50

In approving the special use permit, the Planning Board may designate such '
conditions, in addition and in connection therewith, as will, in its opinion, assure that
the use in its proposed location will be harmonious with the area in which it is
proposed to be located and with the spirit of this ordinance. All such additional '
conditions shall be entered in the minutes of the meeting at which the special use
permit is granted, recorded on the special use permit and on the approved plans
submitted therewith. All conditions shall run with the land and shall be binding on the
original applicant for the special use permit, the heirs, successors and assigns. In
order to ensure that such conditions and requirements for each special use permit will ,
be fulfilled, the petitioner for the special use permit may be required to enter into a
contract with the Town of Columbia providing for the installation of the physical
improvements required as a basis for the issuance of the special use permit. '
Performance of said contract shall be secured by cash or surety bond which will cover
the total estimated cost of the improvements as determined by the Planning Board;
provided, however, that said bond may be waived by the Planning Board within its '
discretion.
If the Planning Board denies the special use permit, the reasons therefor shall I
be entered in the minutes of the meeting at which the permit is denied.
In addition to the conditions specifically imposed by Article 10, and whatever
additional conditions the Planning Board deems reasonable and appropriate, special
uses shall comply with the height, area and parking regulations of the zone in which
they are located. '
In the event of failure to comply with the plans approved by the Planning Board,
or with any other conditions imposed upon the special use permit, the permit shall ,
thereupon immediately become void and of no effect. No Certificate of
Occupancy/Compliance for the special use permit shall be issued, and the use of all
completed structures shall immediately cease and not thereafter be used for any
purpose other than a use -by -right as permitted by the zone in which the property is
located.
Where plans are required to be submitted and approved as part of the
application for a special use permit, modifications of the original plans may be made
by the Planning Board. ,
i�
71
1
51

10.3 Regulations for Special Uses
Detailed regulations for each special use are set forth in this section.
Use -- Cemetery
Approved by: Planning Board.
Special use districts: R-7 and MF.
Minimum lot area: None.
Parking and loading: Adequate off-street parking facilities for funeral
processions.
Screening and fencing: A screen of dense plant material not less than
six (6) feet high where cemetery abuts a residential lot.
Plans are required and must show:
Topography: Well drained site with adequate storm drainage
facilities.
Structures: Location of signs, entrance and buildings must be
shown on the plan.
Circulation: Proposed points of access and egress and pattern of
internal circulation, and funeral procession route, if possible.
Other details:
(1) Proposed restrictions, if any.
(2) Maximum size of sign shall be thirty-six (36) square feet,
and there is a limit of one sign per street frontage.
Use -- Day Care Center (including kindergarten)
Approved by: Planning Board.
Special use districts: R-7, MF and B-2.
Minimum lot area: Same as by zoning district requirement.
Parking and loading: One space for each adult attendant and one space
for every six (6) children or fraction thereof.
52

17
Plans are required and must show: ,
Structures: Location and approximate size of all -existing proposed
buildings and structures within the site and on the lots adjacent '
thereto.
Circulation: Proposed points of access and egress and pattern of ,
internal circulation.
Parking and Loading: Layout of parking spaces.
Other details:
'
(1) Location and extent of open play area.
(2) Day care center shall provide one hundred (100) square feet
of outdoor play space per pupil.
Outdoor
'
(3) play area shall be enclosed by a solid or open
fence or wall at least four (4) feet in height. Where the
outdoor play area is directly adjacent to a residentially used
,
or zoned lot(s), a solid fence or wall at least six (6) feet
high or the maximum applicable fence/wall height
limitations, or an open fence at least four (4) feet high and
a screen planting designed to grow three (3) feet thick and
six (6) feet high, shall be erected. The Board of Adjustment
may at its discretion require additional screening and/or
'
fencing to be located adjacent to abutting nonresidential
land uses.
,
(4) In residential districts, a day care center shall not be
operated between the hours of 7:00 p.m. and 7:00 a.m.
Use -- Manufactured Home (Individual) for TemporaryResidential Occupancy
p Y
Approved by: Planning Board.
I
Special use district: R-7.
,
Parking: Two spaces for each manufactured home.
Individual Manufactured Homes
,
Manufactured homes, as defined, when used for dwelling purposes may ,
be located only within an approved manufactured home park, except
when a Hardship Exception is approved by the Planning Board, as
provided below. '
53

IHardship Exception
' A temporary Certificate of Occupancy/Compliance for parking a
manufactured home for use for dwelling purposes to the rear or side of
a dwelling and located on the same residential lot as said dwelling may
be issued by the Building Inspector in certain hardship cases where the
Planning Board finds each item below as a fact:
1. That the person or persons occupying the manufactured home are
physically dependent upon the person or persons occupying all of
a portion of the dwelling house, or that the person or persons
occupying all or a portion of the dwelling house are physically
dependent upon the person or persons occupying the
manufactured home;
2. That the person or persons occupying the manufactured home
' and/or dwelling house cannot, because of financial or other
conditions, move to avoid hardship, necessitating parking the
manufactured home adjacent to the dwelling house;
' 3. That the parking of the manufactured home adjacent to the
dwelling house will not create unhealthy or unreasonable living
' standards; and
4. That the manufactured home is parked in a location approved in
advance by the Planning Board.
All such Certificates of Occupancy/Compliance shall be valid for a period of
eighteen (18) months, after which they shall be renewed only upon a similar finding
of facts by the Planning Board. If during any time that a Certificate of Occupancy/
Compliance is valid and outstanding, any of the foregoing conditions cease to be
complied with, or the hardship is removed, the Certificate of Occupancy/Compliance
shall automatically be revoked and the manufactured home removed.
' Use -- Manufactured Home (Individual) for Office and/or Exhibition
Approved by: Planning Board.
' Special use district: B-1, B-2, and 1-1.
Minimum lot area: None.
Parking: One space for each person employed in the office at any given
time during a twenty-four (24) hour period.
54

Office and Exhibition Exception I
A temporary Certificate of Occupancy/Compliance allowing manufactured
homes used solely as offices or for purposes of exhibition to be ,
temporarily parked, maintained and/or occupied on a designated lot or
land location, may be issued by the Town Clerk where the Board of
Adjustment finds as a fact that the use of such manufactured home does '
not violate the town, state, or Tyrrell County health regulations. All such
Certificates of Occupance/Compliance shall be valid for a period of
twelve months, after which they may be renewed upon similar evidence '
of use of such manufactured home.
Notwithstanding the foregoing, a Certificate of .Occupancy/Compliance '
may be issued for a manufactured home for use as a temporary field
office for contractors by the Town Clerk without approval of the Board
of Adjustment if the manufactured home: ,
1. and the structure under consideration are located on the same
property;
2. is not moved to the site more than thirty (30) days prior to '
construction and is not removed later than thirty (30) days after
construction has been completed;
3. is not used for any other purpose other than that connected with
on -site construction;
4. is justified by the size and nature of the construction project; and
5. is for a period not to exceed eighteen months;
6. is utilized only incidental to on -site construction during daylight
hours and not for residential living quarters;
'
7. sanitary facilities are connected with an approved sewer system.
'
Use -- Nursing Home, Home for the Aged, Home Care
Approved by: Planning Board. I
Special use district: MF.
Minimum lot area: Minimum lot area of district in which located plus one
thousand (1,000) square feet for each person to be accommodated. The
minimum lot size shall be ten thousand (10,000) square feet.
�
55

1 Parking: One space for each regular employee plus one space for each
four (4) persons to be accommodated.
' Plans are required and must show:
Topography: Well drained site with adequate storm drainage
facilities.
Structures: Location and approximate size of all existing and
proposed buildings and structures within the site.
'
Circulation: Proposed points of access and egress and pattern of
internal circulation.
'
Parking and loading: Layout of parking spaces.
Other requirements:
(1)
Must meet all requirements for licensing by the State of North
(2)
Carolina.
Types of surfacing, slope, grade and cross-section of drives,
sidewalks, walls, etc.
(3)
Erosion and sedimentation control plan approved by the Tyrrell
County Soil Conservation Service Office when new construction
occurs.
(4)
Lighting plan inclusive of wattage and illumination.
'
(5)
Size and proposed location of any signs.
(6)
Proposed solid waste storage facilities.
Use -- Private Recreation Club or Swimming Club, Not Operated as a Business
for Profit
Approved
by: Planning Board.
Special use districts: R-7, MF, and B-2.
Minimum lot area: Swimming club -- one (1) acre for each forty club
'
members (or families). Private nonprofit clubs having only a swimming
pool with bathhouse facilities and open only during the swimming season
are exempt from the minimum lot area requirement if all activities and
facilities (other than parking) are located no closer than fifty (50) feet to
any property line.
Parking: One (1) space for each five (5) members (or families).
'
Screening and fencing: The swimming pool area shall be enclosed by
fencing not less than five (5) feet in height.
56

Plans are required and must show:
Structures: Location and approximate size of all existing and
proposed structures and playfields on the site.
Parking: Layout of parking spaces and traffic circulation.
Other requirements:
(1) No improvements, structures, sidewalks or play areas or
equipment shall be closer than fifty (50) feet to any adjoining
property lines.
(2) Adjacent to swimming pools there shall be provided paved patio
area(s).
(3) Lights shall be located and shielded so as not to adversely affect
adjacent property.
Use -- Public Electrical Utility Station or Substation
Approved by: Planning Board.
Special use district: All zoning districts.
Minimum lot area: One-half acre for public utility station.
Parking and Loading: One (1) space for each regular employee employed
primarily at the site at any given time.
Screening and Fencing: A screen of not less than six (6) feet in height
of dense plant material shall be provided where lot abuts a residential lot.
Electrical substations shall be enclosed by a fence not less than eight (8)
feet in height with three strands of barbed wire turned out at the top.
Plans are required and must show:
Structures: Location and approximate (size) of all existing and
proposed structures within the site, and all buildings and
structures within 100 feet.
Circulation: Proposed points of access and egress.
Parking and loading: Location and arrangement of all proposed
off-street parking.
57

1
Other Details: Proposed provisions for fencing and other
protective screening at the lot lines adjacent to abutting residential
'
property.
Use -- Radio or Television Transmitter (Commercial)
'
Approved by: Planning Board.
'
Special use districts: A-1, B-1, B-2, and L-1
Minimum lot area: At least three (3) acres in area.
Parkin and loading: One ace for each regular employee g g p gemployed at
'
the site at any given time.
Plans are required and must show:
'
Structures: Location and approximate size of all existing and
proposed structures within the site and within one thousand
(1,000) feet.
Circulation: Proposed points of access and egress.
iParking
and loading: Proposed off-street parking.
' Other details: Protective fencing at least six (6) feet high with
three (3) strands of barbed wire turned out and ten (10) feet from
the perimeter of the antenna base shall be established.
Use -- School; Private, Elementary, or Secondary
1
Approved by: Planning Board.
Special use districts: R-7 and MF.
Minimum lot area: Five (5) acres.
Parking and loading: Two spaces for each regular employee.
Plans are required and must show:
Structures: Location and approximate size of all existing and
proposed buildings and structures within the site and on the lots
adjacent thereto.
Circulation: Proposed points of access and egress and pattern of
internal circulation.
M

Parking and Loading: Layout of parking spaces. '
Other Details: Location and extent of open play area.
Use -- Telecommunication Towers
Approved by: Planning Board
Special use districts A-1, B-2, L-1. I
Parking and Loading: One (1) space for each regular employee employed
at the site at any given time.
Area Requirements: All freestanding communication towers as the
principal use of a property shall comply with the height requirements of
the zoning district in which the tower is located.
1. All freestanding accessory towers shall comply with all applicable I
provisions of this ordinance.
2.
All accessory towers attached to a building constructed for
'
purposes other than serving the communications industries shall
be no taller than thirty (30) feet or thirty (30) percent of the height
of the building, whichever is less.
'
3.
Antennas shall not be included in the calculation of tower height.
'
4.
No tower shall exceed five hundred ten (510) feet in height.
Standards applicable to All Freestanding Towers:
1.
Output power levels from the tower and/or associated antennas
shall not exceed the current federally approved levels for exposure
,
to electromagnetic radiation;
2.
Radio, television, or other electromagnetic transmission(s) or
,
reception on other properties will not be disturbed or diminished;
3.
The tower shall be designed and constructed to permit the co -
location of one additional user if the tower is between one
hundred twenty-five (125) and one hundred eighty (180) feetfrom
the finish grade elevation. If the height of the tower exceeds one
'
hundred eighty (180) feet in height, the tower shall be designed
and constructed to accommodate a minimum of two additional
users;
'
J
59

I
4. The tower will have lighting which consists of a red light at night
and strobes in daylight, when lighting is required by the Federal
Aviation Administration (FAA). The lighting shall be oriented so
as not to project directly onto surrounding residential property.
The owner shall submit documentation from the FAA that the
lighting is the minimum required by the FAA;
5. The base of the tower and each guy anchor are surrounded by a
fence or wall at least eight (8) feet in height unless the tower and
all guy anchors are mounted entirely on a building over eight (8)
feet in height;
6. A screen of not less than six (6) feet in height of dense plant
material shall be provided where lot abuts a residential lot or a lot
zoned exclusively for residential purposes;
7. Buildings associated with telecommunications towers located in
any residential district may not be used as an employment center
for any worker. This provision does not prohibit the periodic
maintenance or periodic monitoring of equipment and instruments.
In addition, any building placed in a residential area associated
with a tower must either be screened or be built to resemble a
residential structure. Such a requirement includes a pitched roof
and frame or brick veneer construction;
8. No freestanding towers constructed after the effective date of this
ordinance that are greater than one hundred (100) feet in height
shall be located closer than one thousand (1,000) feet from any
other communication tower greater than one hundred (100) feet
in height, as measured in a straight line distance from tower to
tower;
9. No advertising sign or logo is permitted on any tower or antenna;
and
10. Notwithstanding the height regulations of any zoning district, all
towers shall be set back a distance of at least equal to the height
of the tower from the property line of either any lot which is
developed in residential uses or any vacant lot located in a
residential zoning district. The setback shall be measured from the
base of the tower (not from any guy wire anchor).
Abandonment, Obsolescence, Financial Responsibility: A tower that is
not used for a period of at least six months shall be determined to be
abandoned and shall be removed. The owner of the tower shall remove
any abandoned, obsolete, unused, or structurally unsound tower within
90 days. The Building Inspector may establish a shorter period of time
LMG

for the removal of a tower that is structurally unsound. To assure the
removal of unused, obsolete, or improperly maintained towers, the
applicant, owner, or developer shall submit a statement of financial
responsibility for each tower that is greater than one hundred (100) feet
in height.
Site Plan Required: The applicant, owner, or developer of a tower shall
submit a site plan for all proposed tower projects prior to construction
and/or erection. The site plan shall include:
1. Identity, address, telephone number of the proposed or intended
user(s) of the tower, the property owner (if not the same), and the
site developer;
2. The location of the tower and guy anchors on the parcel showing
all setbacks, buffers, easements, buildings, fences, and heights of
the tower and any other structures; and
3. The zoning and use of the property where the tower will be
located, and the zoning and use of all surrounding properties
within one hundred twenty-five (1 25) feet of the site.
Additionally, points of ingress and egress from the streets, rights -
of -way, etc., shall be shown.
Additional Findings Required for a Special Use Permit: In addition to the
requirements of this section, the Planning Board must find that the use:
1. Will not materially endanger the public health or safety or
constitute a public nuisance if developed according to the plans
and information submitted; and
2. Will not substantially injure the value of adjoining property and is
in harmony with proximate land uses. I
Use -- Telephone Exchange Operation
'
Approved by: Planning Board
Special use districts R-7, MF, and MFM.
Minimum lot area: One (1) acre.
Parking and Loading: One (1) space for each two regular employees.
61

not
s than six
Screening and Fencing: A screen of where lot abut 6a residential)
es dent al9ot
of dense plant material shall be provided
or a lot zoned exclusively for residential purposes.
Plans are required and must show:
Structures: Location of existing and proposed structures within
the site, and all buildings and structures within the site.
Circulation: Proposed points of access and egress.
Parking and. loading: Location and arrangement of all proposed
off-street parking.
Other Details: Proposed provisions
adjacentto abuttingres dent al
nd other
protective screening at the lot lines
property.
62

IARTICLE 11. OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS
' 11.1 General Regulations
' If structures or uses are enlarged, expanded or changed, there shall be provided
off-street parking for the enlargement or expansion in accordance with the ratios
contained herein. If existing land uses are converted to another type of land use or
' classified by the ordinance, then the off-street ratios as contained herein must be
complied with in all districts except the B-1 district. There are no off-street parking
1 requirements in the B-1 district.
Off-street parking space (either garage or properly graded open space) shall be
' provided in accordance with the requirements set forth below in all classes of districts.
In cases where different parking and/or loading ratios are specified in Article 10 (Table
of Regulations for Special Uses), those ratios shall have precedence over the parking
' ratios specified in this section.
Each application for a Certificate of Occupancy/Compliance submitted to the
Building Inspector as provided for in Article 6 shall include information as to:
-- location and dimensions of off-street parking and loading space,
distance between that parking/loading space and the street or alley,
ingress and egress of the property.
' This information shall be in sufficient detail to enable the Planning Board or its
authorized agents to determine whether or not the requirements of this ordinance are
met.
The Certificate of Occupancy/Compliance for the use of any building, structure
or land where off-street parking or loading space is required should be withheld by the
' Building Inspector until provisions of this section are fully met. If at any time such
compliance ceases, any Certificate of Occupancy/Compliance which shall have been
issued for the use of the property shall immediately become void and of no effect.
Where parking or loading areas are provided adjacent to a public street, ingress
or egress thereto shall be made only through driveways or openings not exceeding 25
' feet in width at the curb line of said street, except when the Planning Board or its
authorized agent finds that a greater width is necessary to accommodate the vehicles
customarily using the driveway.
' No part of an off-street area required for any building or use for the purpose of
complying with the provisions of off-street parking requirements in this ordinance shall
' be included as part of any off-street parking area similarly required for another building
or use unless the times of usage of such buildings or uses will not be simultaneous.
1
63

Off-street parking space shall be located on the same lot as the use for which
provided or on a separate lot within 200 feet of any entrance to a building, provided
that such parking space land is owned by the owner of the building or leases for the
same period of time as the building.
The off-street parking requirements for two or more uses on the same lot may
be combined and used jointly, provided that the parking space shall be adequate in
area to provide the same total off-street parking requirements with all such uses.
No parking shall be provided that would necessitate the automobile backing
onto any street right-of-way. Sufficient maneuvering space shall be provided on the
lot to enable the motorist to enter all street rights -of -way in a forward direction, with
the exception of individual residential lots located in an R-7 zone.
All off-street parking spaces shall be provided with wheel or bumper guards so
located that no part of parked vehicles will extend beyond the parking space onto any
public right-of-way.
An off-street parking space shall not be less than the site required below for the
angle parking shown.
Angle
Stall Width
Curb Length per
Stall Depth
de rees
feet
Car (feet)
feet
00
8'
23'
8'
200
8'
23'6"
14'
300
8'
16'
161611
450
8'
1 1'4"
19'2"
600
8'
914"
20' 6"
700
8'
8' 6"
20' 10"
900
8'
8'
19,
11.2 Parking Ratios
Auditorium, Stadium or Theater
Churches
Clinics, Medical
Community or Private Swimming Clubs
Day Care Center
One (1) space for each five (5) seats
One (1) parking space for each four (4)
seats in the congregation meeting area
Four (4) spaces for each doctor plus (1)
space for each employee
One (1) space for every 5 membership
One (1) space for each adult attendant
and one (1) space for every six children
or fraction thereof
M.,

Dwelling Unit having Home Beauty or
Barber Shop
Elementary School
Industries
t
' Institutions and Clubs
' Motels, Tourist Homes and Boarding
Houses
I
Offices
Residence, Single Family
Residence, Duplex
Residence, Multi -Family
Restaurants or Other Eating Places
Retail Business
Two additional spaces
Three (3) spaces for each room used
for administration offices or class
instruction, or one (1) space for each
six seats in auditoriums and other
places of assembly or facilities
available for the public, whichever is
greater
One (1) space for every 1.5 employees
during maximum employment, and one
(1) space for every truck to be stored
or stopped simultaneously
One (1) space for every five seats in
principal assembly room
One (1) space for every rental room
One (1) space for every 250 square
feet of gross floor area
Two (2) spaces
Four (4) spaces
Two and one-half (2-1/2) spaces for
each dwelling unit
One (1) space for each four (4) seats
One -Half space for every 100 square
feet of gross floor area; one (1) space
minimum
Wholesale establishments, One (1) space for every three
warehouses, and other businesses not employees during maximum
catering to retail or package trade employment, and one (1) space for
every truck to be stored or stopped
simultaneously
Special situations which are not covered by the above shall be handled by the
Board of Adjustment. The Board of Adjustment shall make the final determination as
to the number of spaces to be required, but shall in all cases give due consideration
to the needs.
65

IARTICLE 13. HISTORIC DISTRICT - OVERLAY
1 13.1 Area Affected
The area delineated on the Town of Columbia Official Zoning Map as the
Historic District - Overlay.
It is understood that there are certain buildings lying beyond this district of great
historical significance. However, they are so isolated from the Historic District -
Overlay that they are not included in the area, but by said exclusion, it is not the
intent of the Board of Aldermen to discourage the preservation and maintenance of
these various structures and the owners are so encouraged to maintain and protect
them.
I
1
1
For the purposes other than set forth in this section of this ordinance, the area
comprising the Historic District - Overlay is subject to all other provisions of this
Zoning Ordinance and the provisions contained in this section are in addition to the
provisions of this ordinance as they effect the various _portions of the Historic District -
Overlay and are not in lieu thereof.
13.2 Special Building Permit Required
No exterior portion of any building or other structure (including stone walls,
fences, light fixtures, steps and pavement, or other appurtenant feature no above-
ground utility structure nor any type of outdoor advertising sign shall be erected,
altered, restored, or moved within the Historic District - Overlay until after an
application for a certificate of appropriateness as to exterior architectural features of
said structure has been submitted to and approved by the Board of Architectural
Review.
13.3 Creation of Board of Architectural Review
A Board of Architectural Review is hereby created, consisting of five members
to be appointed by the Board of Aldermen. The term of office of the members shall
be four years. Two of the initial appointive members shall be appointed for four years,
and three for two years, and subsequently, members shall be appointed for terms of
four years as successive vacancies occur.
13.4 Powers and Duties of the Board
It shall be the function of the Board of Architectural Review to pass upon the
appropriateness of altering or demolishing any building or structure within any
Historical District - Overlay. The Board may require interior and exterior photographs,
architectural drawings, or other notations of architectural features to be used for
historical documentation as a condition of any permission to demolish a building or
structure.
72

It shall be the function of the Board of Architectural Review to pass upon the
appropriateness of exterior architectural features. For the purpose of this part
"exterior architectural features" shall include the architectural style, general design,
and general arrangement of the exterior of a building or other structure, including the ,
color, the kind and texture of the building material, and the type and style of all
window, doors, light fixtures, signs, and other appurtenant fixtures. In the case of
outdoor advertising signs, "exterior architectural features" shall be construed to mean '
the style, material, size, and location of all such signs. The Board shall not consider
interior arrangement, nor shall it make any requirements except for the purpose of
preventing developments obviously incongruous to the old historic aspects of the
surroundings.
All plans, elevations and other information necessary to determine the ,
appropriateness of the features to be passed upon together with a copy of the
application for building or zoning permit, shall be made available to the Board of
Architectural Review by the Zoning Board and the Building Inspector.
The Board of Architectural Review shall meet within ten days after notification ,
by the Building Inspector of the filing of and application for a building permit for any
structure located in any Historic District - Overlay, and at such other times as the
Board may determine or upon call of the Chairman. '
13.5 Approval by the Board
Upon approval of any application, the Board of Architectural Review shall '
forthwith transmit report to the Building Inspector stating the basis upon which such
approval was made, and cause of certificate of appropriateness to be issued to the '
applicant. Upon failure of the Board to take final action upon an application within
thirty days after the final application for a permit is submitted, the case shall be
deemed to be approved, except when mutual agreement has been made for an I
extension of the time limit.
When a certificate of appropriateness has been issued, a copy thereof shall be '
transmitted to the Building Inspector who shall from time to time inspect the
construction of alteration approved by such certificate, and report to the Board any
work no in accordance with such certificate. '
13.6 Disapproval by the Board
In case of disapproval of any application, the Board of Architectural Review
shall state the reasons therefore in written statement to the applicant, in terms of
design, arrangements, texture, material, color, and the like of the property involved. ,
13.7 Appeals
Appeals from any action taken by the Board of Architectural Review may be '
taken to the Board of Aldermen.
73

ARTICLE 12. SIGN REGULATIONS
12.1 General Regulations
' These regulations shall apply in all districts. With the exception of legal notices,
identification, information, directional or regulatory signs erected or required by
governmental bodies or otherwise specifically excepted herein, no exterior sign may
' be erected, painted, repainted, posted, reposted, placed, replaced, or hung in any
district, except in compliance with these regulations.
' With the exception of those signs specifically authorized in the preceding
paragraph, no sign may be erected without a permit from the Building Inspector.
Application for permits shall be submitted on forms obtainable at the office of the
Building Inspector. Each application shall include a statement by the applicant
attesting to compliance with the requirements of this ordinance. If conditions warrant,
the Town Clerk may require such additional information as will enable him to
' determine if such sign is to be erected in conformance with this ordinance.
No sign shall be permitted on any public right-of-way except as specifically
authorized herein. No sign shall be attached to or painted on any telephone pole,
power pole, or other manmade object not intended to support a sign, nor on any tree,
' rock or other natural object, except as specifically authorized herein.
Signs shall not obstruct any window, door, fire escape, stairway, ladder or
' opening intended to provide light, air, ingress or egress for any building, structure or
lot. No sign shall:
(1) be erected or continued that would tend by its location, color or nature,
to be confused with or obstruct the view of traffic signs or signals, or
would tend to be confused with a flashing light of an emergency vehicle;
1 or
(2) Use words such as "stop," "go," "slow," "danger," etc., which might be
confused with traffic directional signs or signals; or
(3) Obstruct the line of sight of motorists at intersections or along a public
right-of-way.
All signs of a temporary nature shall be removed within one week after their
' reason for being has ceased to exist; provided, however, that when a shorter period
of time is specified for removal of signs elsewhere in this ordinance, the shorter time
period shall be observed.
' All signs shall be maintained in a state of good repair. No sign shall be
continued which becomes structurally unsafe or endangers the safety of the public or
' property. The Planning Board or its authorized agent, upon discovering or having
66

brought to its attention evidence of an unsafe sign, shall order that such sign be made
safe or be removed. A period of five (5) days following receipt of said notice by the
person, firm, or corporation owning or using the sign shall be allowed for compliance.
12.2 Proiecting Signs and Devices
Projecting signs, outdoor advertising signs and similar overhanging devices,
where they are permitted, shall be at least ten (10) feet above the finished grade of
any sidewalk or other walkway. Signs attached to the underside of a canopy shall be
at least nine (9) feet above the finished grade of any sidewalk or other walkway. No
sign shall extend closer than two (2) feet to a vertical plane at any street curb line.
Signs and canopies which extend into service street and alley rights -of -way shall not
interfere with passage of motor carriers using the service entrances to the rear and
side of commercial establishments adjacent to such rights -of -way.
12.3 Area Computation
For the purposes of this ordinance, the square footage area of any sign shall be
computed by the smallest square, triangle, rectangle, circle, or combination thereof
which will encompass all words, numbers, and symbols situated on the sign including
lattice work and wall work, incidental to decoration.
12.4 Sign Illumination
Where illuminated signs are permitted, they shall conform to the following
criteria:
(1) Illuminated signs may have either interior or exterior source of
illumination or a combination of both.
(2) Interior illumination, where the source of illumination is from within the
sign itself, shall be such that the illumination emanating from the sign is
diffused.
(3) Exterior illumination, where the source of illumination is provided by such
devices as, but not limited to, flood or spot lights, shall be so placed and
shielded as to prevent the direct rays of illumination from being cast
upon neighboring buildings and/or vehicles approaching on a public right-
of-way from either direction.
(4) Illumination signs are required to be non -flashing; the illumination for the
sign shall not, either totally or in part, flash on and off except for public
service information signs as regulated by section 12.10.
67

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

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

12.9 Outdoor Advertising Signs
Outdoor advertising signs shall be permitted in B-2 and 1-1 districts. For the
purposes of this ordinance, the following shall be considered as one outdoor
advertising sign:
-- Side -by -side signs if structurally tied together.
' -- V-type and back-to-back signs if not located more than fifteen (15) feet
apart at the nearest points of each sign.
Setback -
Outdoor advertising signs shall observe all setback requirements of the districts
in which they are located, provided further that in those districts having no
setback requirements, an outdoor advertising structure shall not be located
closer than twenty (20) feet to any street right-of-way line. In any case, no
outdoor advertising structure shall be located closer than one hundred fifty
(150) feet to a lot zoned exclusively for residential purposes.
Size - Outdoor advertising signs shall not exceed eight hundred (800) square feet in
area.
Location -
Outdoor advertising signs on either side of a thoroughfare shall not be located
nearer to another advertising sign on the same side of the street than two
hundred (200) feet.
Requirements -
Outdoor advertising signs attached to a building structure shall not be higher
than the wall to which they are attached. Outdoor advertising signs shall not
be mounted on the rooftop of any building..
12.10 Public Service Information Signs
Public service information signs are those signs which display public service
information such as time, date, temperature, weather, or other similar information.
These shall be allowed in the B-2 and 1-1 zoning districts. Public service information
signs shall be allowed to be flashing signs. Public information signs will conform to
the size and height requirements for the zone in which they are located.
12.11 Business Identification Signs
Business identification signs shall be subject to the limitations in the Table of
Business Sign Requirements. All business identification signs itemized in this table
may be illuminated.
' 70

TABLE OF BUSINESS SIGN REQUIREMENTS
District
Number of Signs
Permitted
(see Note 2)
Total Area of Signs Permitted
(see Notes 1 and 2)
Locational Requirements
Additional Requirements
B-1
One flush -mounted
One-fourth (1/4) of area of the
Signs directing the public to
sign per
building frontage between
off-street areas shall be limited
establishment per
canopy line (10 feet from
to two (2) such signs per lot,
street frontage.
sidewalk or ground elevation if
provided further the size of
no canopy exists) and bottom of
each sign shall not exceed ten
parapet for flush -mounted signs.
(10) square feet.
AND
One entrance sign per
Maximum size of six (6) square
building entrance.
feet for each entrance sign.
B-2
One flush mounted or
One (1) square foot per linear
projecting sign per
foot of building frontage allotted
establishment.
to each establishment.
AND
One freestanding sign
One (1) square foot per linear
Maximum height of twenty
per separate lot of
foot of lot frontage.
(20) feet and two (2) feet
record.
from a property line relative to
freestanding signs.
1-1
One flush mounted or
One (1) square foot per linear
projecting sign per
foot of building frontage allotted
establishment.
to each establishment.
AND
One freestanding sign
One (1) square foot per linear
Maximum height of twenty
per separate lot of
foot of lot frontage.
(20) feet and five (5) feet
record and per
from a property line relative to
establishment.
freestanding signs.
Note 1.
Marquees for indoor
theaters in the B-1 and B-2 zoning districts shall not be subject to the sign area limitations.
Note 2.
Establishments developed on a corner lot may have one additional sign having one (1) square foot of sign area per linear foot
of the building's corner side in addition to the specified
total number of area of signs permitted. Such signs shall be flush
mounted and be affixed to said corner side.
71
11=11 1=1 Ml r Ml M M M Ml M 1=1 M M M IM W M M M

ARTICLE 14. NONCONFORMING SITUATIONS
14.1 Definitions
Unless the context clearly indicates otherwise, the terms defined below are
used in this section in the following manner:
(a) Nonconforming Situations -- A situation that occurs when, on the
effective date of this ordinance or any amendment to it, an existing lot
or structure or use of an existing lot or structure does not conform to
one or more of the regulations applicable to the district in which the lot
or structure is located. Among other possibilities, a nonconforming
situation may arise because a lot does not meet minimum acreage
requirements, because structures do not satisfy maximum height or
minimum floor space limitations, because the relationship between
existing buildings and the land (in such matters as density and setback
requirements) is not in conformity with the ordinance, or because land
or buildings are used for purposes made unlawful by the ordinance.
(b) Nonconforming Use -- A nonconforming situation that occurs when
property is used for a purpose or in a manner made unlawful by the use
regulations applicable to the district in which the property is located.
(For example, a commercial office building in a residential district may be
a nonconforming use.) The term also refers to the activity that
constitutes the use made of the property. (For example, all the activity
associated with running a bakery in a residentially zoned area is a
nonconforming use.)
(c) Dimensional Nonconformity -- A nonconforming situation that occurs
when the height, size, or minimum floor space of a structure or the
relationship between an existing building or buildings and other buildings
or lot lines does not conform to the regulations applicable to the district
in which the property is located.
(d) Nonconforming Lot -- A lot existing at the effective date of this ordinance
or any amendment to it (and not created for the purpose of evading the
restrictions of this ordinance) that cannot meet the minimum area or lot
width requirements of the district in which the lot is located.
(e) Ordinance -- This ordinance, including any amendments. Whenever the
effective date of the ordinance is referred to, the reference includes the
effective date of any amendment to it.
(f) Nonconforming Proiect -- Any structure, development, or undertaking
that is incomplete at the effective date of this ordinance and would be

inconsistent with any regulation applicable to the district in which it is '
located if completed as proposed or planned.
(g) Expenditure -- A sum of money paid out in return for some benefit or to '
fulfill some obligation. Whenever the term is used hereafter, it also
includes binding, contractual commitments to make future expenditures, '
as well as any other substantial changes in position.
14.2 Continuation of Nonconforming Situations and Completion of Nonconforming I
Projects
Nonconforming situations that were otherwise lawful on the effective date of '
this ordinance may be continued, subject to the restrictions and qualifications set forth
in sections 14.3 through 14.8 of this article.
Nonconforming projects may be completed only in accordance with the
provisions of section 14.8 of this article.
14.3 Nonconforming Lots '
(a) When a nonconforming lot can be used in conformity with all of the '
regulations (other than the area or width requirements) applicable to the
district in which the lot is located, such a use may be made as of right.
Otherwise, the nonconforming lot may be used only in accordance with
a special use permit issued by the Board of Aldermen. The board shall
issue such a permit if it finds that (1) the proposed use is one permitted
by the regulations applicable to the district in which the property is
located, and (2) the property can be developed as proposed without any
significant negative impact on the surrounding property or the public
health, safety, or welfare. In issuing the permit authorized by this '
paragraph, the board may allow deviations from applicable dimensional
requirements (such as setback lines and yard size minimums) if it finds
that no reasonable use of the property can be made without such a
deviations.
(b) Whenever this ordinance creates a nonconforming lot and the owner of
the nonconforming lot also owns land adjacent to it, and a portion of this
other land can be combined with the nonconforming lot to create a
conforming lot (without hereby creating other nonconformities), the
owner of the nonconforming lot, or his successor in interest, may not
take advantage of the provisions of the paragraph (a) of this section. ,
14.4 Extension or Enlargement of Nonconforming Situations
(a) Except as specifically provided in this subsection, it shall be unlawful for ,
any person to engage in any activity that causes an increase in the
extent of nonconformity of a nonconforming situation.
75

1
1
(b) Subject to paragraph (d) of this subsection, a nonconforming use may be
extended throughout any portion of a completed building that, when the
use was made nonconforming by this ordinance, was manifestly
designed or arranged to accommodate such use. However, subject to
Subsection 14.8 of this section (authorizing the completion of
nonconforming projects in certain circumstances), a nonconforming use
may not be extended to additional buildings or to land outside the original
building.
(c) Subject to Section 14.8 of this ordinance (authorizing the completion of
nonconforming projects in certain circumstances), a nonconforming use
of open land may not be extended to cover more land than was occupied
by that use when it became nonconforming, except that a use that
involves the removal of natural materials from the lot may be expanded
to the boundaries of the lot where the use was established at the time
it became nonconforming, if 10 percent or more of the earth products
had already been removed at the effective date of this ordinance.
(d) The volume, intensity, or frequency of use of property where a
nonconforming situation exists may be increased and the equipment or
processes used at a location where a nonconforming situation exists may
be changed if these or similar changes amount only to changes in the
degree of activity rather than changes in kind and no violations of other
paragraphs of this section occur.
(e) Physical alternation of structures or the placement of new structures on
open land are unlawful if they result in:
-- An increase in the total amount of space devoted to a
nonconforming use;
-- Greater nonconformity with respect to dimensional restrictions
such as yard requirements, height limitations, or density
requirements; or
-- The enclosure of previously unenclosed areas, even though those
areas were previously used in connection with the nonconforming
activity. An area is unenclosed unless at least 75 percent of the
perimeter of the area is marked by a permanently constructed wall
or fence.
(f) Minor repairs to and routine maintenance of property where
nonconforming situations exist are permitted and encouraged. Major
renovation -- i.e., work estimated to cost more than 10 percent of the
appraised value of the structure to be renovated (and not required by the
partial or total destruction of a structure [see paragraph h]) -- may be
done pursuant to a special use permit issued by the Board of Adjustment.
76

The Board of Adjustment shall issue such a permit if it finds that the
work will not result in a violation of any other paragraphs of this section
(particularly paragraph c) or make the property more incompatible with
the surrounding neighborhood.
(g) Notwithstanding paragraph (e), any structure used for single-family
residential purposes and maintained as a nonconforming use may be
replaced with a similar structure of a larger size, so long as the
replacement does not create new nonconformities or increase the extent
of existing nonconformities with respect to yard size and setback
requirements. In particular, a manufactured home may be replaced with
a larger manufactured home, and a "single -wide" manufactured home
may be replaced with a "double -wide." This paragraph is subject to the
limitations stated in section 14.6 on abandonment and discontinuance of
nonconforming situations.
(h) A structure that is nonconforming in any respect or a structure that is
used in a nonconforming manner may be reconstructed or replaced if
partially or totally destroyed, subject to the following restrictions:
-- The total amount of space devoted to a nonconforming use may
not be increased, except that a larger, single-family residential
structure may be constructed in place of a smaller one and a larger
manufactured home intended for residential use may replace a
smaller one;
-- The reconstructed building may not be more nonconforming with
respect to dimensional restrictions such as yard requirements,
height limitations, or density requirements, and such dimensional
nonconformities must be eliminated if that can reasonably be
accomplished without unduly burdening the reconstruction
process or limiting the right to continue the nonconforming use of
such building;
-- The reconstructed building may not enclose areas that were
previously unenclosed, even though those areas were used in
connection with the nonconforming activity. An area is
unenclosed unless at least 75 percent or more of the perimeter of
the area is marked by a permanently constructed wall or fence.
(i) Except for single-family residential structures (including manufactured
homes), if the estimated cost of the reconstruction work exceeds 10
percent of the appraised value of the structure, the work may be done
only after issuance of a permit by the Board of Adjustment. The Board
shall issue the special use permit if it finds that the work will be done in
accordance with this paragraph and that the reconstructed building will
77

not make the property more incompatible with the surrounding property
than it was before the destruction occurred.
14.5 Change in Kind of Nonconforming Use
(a) A nonconforming use may be changed to a conforming use. Thereafter,
the property may not revert to a nonconforming use.
(b) A nonconforming use may be changed to another nonconforming use
only in accordance with a special use permit issued by the Board of
Adjustment. The Board shall issue such a permit if it finds that the
proposed use will be more compatible with the surrounding neighborhood
than the use in operation at the time the application is made for the
permit. If a nonconforming use is changed to any use other than a
conforming use without obtaining a special use permit pursuant to this
paragraph, that change shall constitute a discontinuance of the
nonconforming use, with consequences as stated in section 14.6 of this
article.
(c) If a nonconforming use and a conforming use, or any combination of
conforming and nonconforming uses, or any combination of
nonconforming uses exist on one lot, the use made of the property may
be changed substantially (except to a conforming use), only in
accordance with a special use permit issued by the Board of Adjustment.
The board shall issue such a permit if it finds that the proposed use will
be more compatible with the surrounding neighborhood than the use or
combination of uses in operation at the time the permit is applied for.
14.6 Abandonment or Discontinuance of Nonconforming Situations
(Intentionally left blank)
11
W]

14.7 Termination of Nonconforming Situations
1
I
C�
L
Subject to all other terms and conditions of Article 16 of this ordinance,
nonconforming situations shall not be subject to specific time limitations for permanent
discontinuation; except for nonconforming junk yards, to include nonconforming uses
and situations, which shall be completely removed within three (3) years following the ,
effective date of this ordinance.
14.8 Completion of Nonconforming Projects
(a) All work on any nonconforming project shall cease on the effective date ,
of this ordinance. Thereafter, work on nonconforming projects may
begin, or may be continued, only pursuant to a special use permit issued
by the Board of Adjustment (except as provided in paragraph (b) of this '
section). The Board shall issue such a permit if it finds that the applicant
has in good faith made substantial expenditures or incurred substantial
binding obligations or otherwise changed his position in some substantial
79

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

(d) If the Board of Adjustment issues a special use permit pursuant to '
paragraph (a) of this section, it may attach such reasonable conditions
to the permit as it finds necessary to reduce the extent to which the
nonconforming project is incompatible with the surrounding '
neighborhood. In particular, the Board may require that work on the
nonconforming project be continuously maintained, if possible, and that
the project be completed as expeditiously as possible. '
(e) When it appears from the developer's plans or otherwise that the '
nonconforming project was intended to be or reasonably could be
completed in stages, segments or other discreet units, the Board of
Adjustment shall not allow the nonconforming project to be constructed
or completed in a fashion that is larger or more extensive than is
necessary to allow the developer to recoup and obtain a reasonable rate
of return on the expenditures he has made in connection with that
nonconforming project.
M
1�
P
C]

ARTICLE 15. VESTED RIGHT PROVISIONS
' 15.1 Purpose
The purpose of this section is to implement the provisions of G.S. 160A-385.1
pursuant to which a statutory zoning vested right is established upon the approval of
a site specific development plan.
Neither a variance, a sketch plan nor any other document that fails to describe
with reasonable certainty the type and intensity of use for a specified parcel or parcels
' of property shall constitute a site specific development plan.
15.2 Establishment of a Zoning Vested Right
(a) A zoning vested right shall be deemed established upon the valid
approval, or special use approval, by the Board of Aldermen or Board of
Adjustment, as applicable, of a site specific development plan, following
notice and public hearing.
'
(b)
The approving authority may approve a site specific development plan
upon such terms and conditions as may reasonably be necessary to
protect the public health, safety, and welfare.
(c)
Notwithstanding subsections (a) and (b), approval of a site specific
development plan with the condition that a variance be obtained shall not
'
confer a zoning vested right unless and until the necessary variance is
obtained.
'
(d)
A site specific development plan shall be deemed approved upon the
effective date of the approval authority's action or ordinance relating
thereto.
(e)
The establishment of a zoning vested right shall not preclude the
'
application of overlay zoning that imposes additional requirements but
does not affect the allowable type or intensity of use, or ordinances or
regulations that are general in nature and are applicable to all property
'
subject to land -use regulation by the Town of Columbia, including, but
not limited to, building, fire, plumbing, electrical, and mechanical codes.
Otherwise applicable new or amended regulations shall become effective
with respect to property that is subject to a site specific development
plan upon the expiration or termination of the vested right in accordance
with this chapter.
(f)
A zoningvested right is not a personal right, but shall attach to and run
9 p 9
with the applicable property. After approval of a site specific
'
82

development plan, all successors to the original landowner shall be
entitled to exercise such right while applicable.
15.3 Approval Procedures and Approval Authority
(a) Except as otherwise provided in this section, an application for site
specific development plan approval shall be processed in accordance
with the procedures established by ordinance and shall be considered by
the designated approval authority for the specific type of zoning permit,
special use permit, building permit, or variance approval for which
application is made.
(b) Notwithstanding the provisions of subsection (a), if the authority to issue
a particular zoning or special use, building, or variance permit or approval
has been delegated by ordinance to a board, committee or administrative
official other than the Town of Columbia Board of Aldermen, Board of
Adjustment, or other planning agency designated to perform any or all
of the duties of the Board of Adjustment, in order to obtain a zoning
vested right, the applicant must request in writing at the time of
application that the application be considered and acted on by the Town
of Columbia Board of Aldermen or Board of Adjustment, following notice
and a public hearing as provided in G.S. 160A-364.
(c) In order for a zoning vested right to be established upon approval of a
site specific development plan, the applicant must indicate at the time of
application, on a form to be provided by the Town of Columbia, that a
zoning vested right is being sought.
(d) Each map, plat, site plan or other document evidencing a site specific
development plan shall contain the following notation: "Approval of this
plan establishes a zoning vested right under G.S. 160A-385.1. Unless
terminated at an earlier date, the zoning vested right shall be valid until
(date)."
(e) Following approval or conditional approval of a site specific development
plan, nothing in this chapter shall exempt such a plan from subsequent
reviews and approvals to ensure compliance with the terms and
conditions of the original approval, provided that such reviews and
approvals are not inconsistent with the original approval.
(f) Nothing in this chapter shall prohibit the revocation of the original
approval or other remedies for failure to comply with applicable terms
and conditions of the approval or the zoning ordinance.
1*1

15.4 Duration
' (a) A zoning right that has been vested as provided in this chapter shall
remain vested for a period of two years. This vesting shall not be
extended by any amendments or modifications to a site specific
development plan unless expressly provided by the approval authority at
the time the amendment or modification is approved.
(b) Upon issuance of a building permit, the expiration provisions of G.S.
160A-418 and the revocation provisions of G.S. 160A-422 shall apply,
except that a building permit shall not expire or be revoked because of
' the running of time while a zoning vested right under this section is
outstanding.
15.5 Termination
IA
zoning right that has been vested as provided in this chapter shall terminate:
(a)
at the end of the applicable vesting period with respect to buildings and
uses for which no valid building permit applications have been filed;
(b)
with the written consent of the affected landowner;
'
(c)
upon findings by the Town of Columbia Board of Aldermen, by ordinance
after notice and a public hearing, that natural or man-made hazards on
'
or in the immediate vicinity of the property, if uncorrected, would pose
a serious threat to the public health, safety, and welfare if the project
were to proceed as contemplated in the site specific development plan;
(d)
upon payment to the affected landowner of compensation for all costs,
expenses, and other losses incurred by the landowner, including, but not
limited to, all fees paid in consideration of financing, and all architectural,
planning, marketing, legal, and other consultant's fees incurred after
approval by the Town of Columbia, together with interest thereon at the
'
legal rate until paid. Compensation shall not include any diminution in
the value of the property which is caused by such action;
(e)
upon findings by the Town of Columbia Board of Aldermen, by ordinance
after notice and a hearing, that the landowner or his representative
intentionally supplied inaccurate information or made material
misrepresentations which made a difference in the approval by the
approval authority of the site specific development plan; or
' (f) upon the enactment or promulgation of a state or federal law or
regulation that precludes development as contemplated in the site
specific development plan, in which case the approval authority may
' modify the affected provisions, upon a finding that the change in state
84

or federal law has a fundamental effect on the plan, by ordinance after '
notice and a hearing.
15.6 Voluntary Annexation '
A petition for annexation filed with the Town of Columbia under G.S. 160A-31 '
or G.S. 160A-58.1 shall contain a signed statement declaring whether or not
any zoning vested right with respect to the properties subject to the petition
has been established under G.S. 160A-385.1 or G.S. 153A-344.1. A '
statement that declares that no zoning vested right has been established under
G.S. 160A-385.1 or G.S. 153A-344.1, or the failure to sign a statement
declaring whether or not.a zoning vested right has been established, shall be '
binding on the landowner and any such zoning vested right shall be terminated.
15.7 Limitations
Nothing in this chapter is intended or shall be deemed to create any vested right
other than those established pursuant to G.S. 160A-385.1.
15.8 Repealer
,
In the event that G.S. 160A-385.1 is repealed, Section 15.0 shall be deemed
repealed and the provisions hereof no longer effective.
I�]
W

ARTICLE 16. CERTIFICATE ISSUANCE
16.1 Zoning Certificate
' No building or structure or any part thereof shall be erected or repaired until a
zoning certificate therefor has been issued by the Building Inspector. Each application
for a zoning certificate shall be accompanied by a plat, drawn to scale, showing
' accurate dimensions of the lot to be built upon, accurate dimension of the building to
be erected, its location on the lot, and other such information as may be necessary to
provide for the enforcement of this ordinance. A careful record of such applications
F11
F
F',
and plats, together with a record of the action taken thereon, shall be kept in the
office of the Building Inspector.
No permit for excavation or erection of any building or part of a building, or for
repairs to or alteration of a building, or the relocation of a building from the lot on
which it is situated, shall be issued until after a statement of its intended use has been
filed by the applicant.
16.2 Certificate of Occupancy/Compliance
No land shall be used or occupied, except for farm purposes, and no building
or structure shall be erected, altered, used or changed in use for other than farm
purposes until a certificate of occupancy/compliance shall have been issued by the
Building Inspector stating that the building and/or the proposed use has been
determined to be in compliance with the provisions of this ordinance. A like certificate
shall be issued for the purpose of changing any existing use, as well as for
maintaining, renewing, changing, or extending any nonconforming use. A certificate
of occupancy/compliance, either for the whole or part of a building, shall be applied
for prior to occupancy, and shall be issued within five days after the erection or
alterations of such building or part shall have been found in compliance with the
provisions of this ordinance and other applicable codes and ordinances. A record of
all such certificates shall be kept on file in the office of the Building Inspector and shall
be furnished on request to any person having a proprietary of tenancy interest in the
building or land.
16.3 Penalties for Violation
Any person, firm, or corporation who violates any provision of this ordinance
shall be guilty of a misdemeanor. Each day that violation continues to exist shall be
considered a separate offense.
:.

ARTICLE 17. BOARD OF ADJUSTMENT
17.1 Composition of the Board of Adiustment Pursuant to N.C.G.S. 160A-388
There is hereby established the composition of the Columbia Board of
Adjustment. The Board of Adjustment shall consist of five (5) members appointed by
the Board of Aldermen of the Town of Columbia.
' 17.2 Jurisdiction of the Board of Adiustment
' The Board of Adjustment shall have authority on any appeal relative to the
provisions of this ordinance originating from within the area encompassed by the legal
description of the jurisdiction of this ordinance as described in Article 4.
17.3 Rules for Proceedings of the Board of Adjustment
fl
The board shall adopt rules governing its organization and for all proceedings
before it. Such rules shall provide and require the following in addition to such other
rules and regulations the board shall adopt:
-- The board shall elect a chairman and vice chairman on an annual basis.
-- The Building Inspector or his designee shall serve as the secretary of the
board. The secretary shall keep minutes of the proceedings. The
minutes shall contain relevant facts and testimony of each appeal, the
vote of each member on each appeal, abstention from voting, and
attendance.
-- No appeal may be heard unless a quorum is present. A quorum shall
consist of three -fifths of the membership of the board.
-- Due notice shall be given to all parties having interest in an appeal.
-- Any interested party may appear in person, by agent, or by attorney to
offer evidence and testimony relative to an appeal.
17.4 Powers of the Board of Adiustment
Review of Enforcement Officer's Decision
Where it is alleged that there is any error in any order, decision, or requirements
of the enforcement officers appointed by the Board of Aldermen, the Board of
Adjustment shall have the power to hear and decide any appeal taken from the order,
decision or requirement of the enforcement officer, and to grant a variance to the
appellant to rectify any error of the enforcement officer. A concurring vote of four
members of the board shall be required to reverse any order, decision or determination

of the enforcement officer, or to decide in favor of the applicant any matter which the
board is required to pass under the provisions of this ordinance, or to grant any
variation in this ordinance.
Variances
A variance may be granted to authorize upon appeal in specific cases such
variance from the terms of this ordinance as will not be contrary to the public interest,
where owing to special conditions, a literal enforcement of the provisions of this
ordinance will result in undue hardship, and so that the spirit of this ordinance shall
be observed and substantial justice done. In considering all proposed variances to this
ordinance, the board shall, before making any finding in a specified case, first
determine that the proposed variances will not constitute any change in the district
boundaries shown on the zoning map, and will not impair any adequate supply of light
and air to adjacent property, or materially increase the public danger of fire and safety,
or adversely affect the use or physical attributes of property within the surrounding
area, or in any other respect impair the public health, safety, and general welfare.
In granting a variance, the board may impose thereto such conditions regarding
the location, character, and other features of the proposed building, structure or use
as it may deem advisable in furtherance of the purposes of this ordinance.
Before a variance is granted, it shall be shown that special circumstances are
attached to the property which do not generally apply to other property in the
neighborhood. A variance may be granted only when the practical difficulty of undue
hardship complained of is due to the particular characteristics of the property and not
to the general conditions of the neighborhood which may reflect an undue stringency
of the ordinance itself. A hardship peculiar to the applicant as distinguished from
others affected by the general rule must be shown.
The board may grant a variance in the dimensional yard requirements of this
ordinance only where by reason of exceptional narrowness, shallowness, or shape of
a specific piece of property which was a lot of record as of the effective date of this
ordinance, or where due to the topographical conditions of a piece of property the
strict application of the said dimensional requirements of this ordinance would result
in practical difficulties or undue hardship of such nature as described in the preceding
paragraph.
The fact that property may be utilized more profitably will not be considered as
justification for granting a variance by the board.
The board shall have the power to grant, in particular cases, and subject to
appropriate safeguards, permits for special uses as authorized by Article 10.
::

I
Additional Power
In addition to the general powers conferred upon the Board of Adjustment in the
' foregoing, the board shall have authority to make the following exception to the
general provisions of this ordinance:
f'
I
Where a use district boundary line crosses a lot, the board,
after a public hearing in which it has determined that the
spirit and intent of this ordinance has been carried out, may
permit a use of either classification on the whole lot, but
not to exceed a distance of 150 feet from the boundary
line.
17.5 Appeal to the Board of Adjustment
An appeal may be taken to the Board of Adjustment by any person aggrieved
by a decision of any officer, department or board of the town relative to enforcement
or interpretation of this ordinance. Such appeal shall be taken within a reasonable
time as provided by the rules of the board by filing the appeal with the office of the
Building Inspector. The officer from whom the appeal is taken shall forthwith transmit
to the board all papers constituting the record upon which the action appealed from
was taken.
17.6 Appeal From Decision of the Board of Adjustment
Any person or persons aggrieved by a decision of the Board of Adjustment may,
within ninety (90) days, but not thereafter, present to Superior Court of Tyrrell County
a petition for a writ of certiorari, duly verified, setting forth that such a decision is
illegal, in whole or in part, specifying the grounds of illegality, whereupon such a
decision of the board shall be subject to review as provided by law.
D

[7
1
11
ARTICLE 18. AMENDMENT PROCEDURE
18.1 Amendment by Own Motion
The Board of Aldermen may from time to time amend, supplement, change,
modify, or repeal the boundaries or regulations herein or subsequently amended. This
may be done on the Board of Aldermen' own motion or as a result of a
recommendation after a public hearing as prescribed below.
18.2 Amendment by Petition
The Board of Aldermen may also desire to take such action as a result of a
petition presented by a private citizen or citizens in accordance with the following
procedures. Such petitions shall be presented to the Building Inspector at least fifteen
(15) working days prior to the meeting of the Planning Board meeting at which it is to
be heard, but not to include the day of the meeting. The petition shall contain such
information, and shall be presented in such manner as specified by the Planning Board.
The Planning Board, after studying the petition, shall prepare a recommendation to be
considered by the Board of Aldermen at its next regular meeting. This
recommendation will contain all reasons considered in the deliberations of the Planning
Board.
Acceptance by the Board of Aldermen of a recommendation of the Planning
Board for an amendment to this ordinance will be only in the form of an authorization
for notice of a public hearing as prescribed by law. Notice for such public hearing
shall be given once a week for two successive calendar weeks in a newspaper
distributed in the town, and the first such notice shall be published not less than
fifteen (15) days and not more than twenty-five (25) days prior to the date fixed for
the hearing.
18.3 Protest to Amendment
In cases of a protest against any proposed amendments, signed by the owners
of twenty percent (20%) or more either of the area of the lots included in such
proposed change, or of those in lots immediately adjacent thereto either in the rear
thereof or on either side thereof, extending one hundred feet therefrom, or of those
directly opposite thereof extending one hundred feet from the street frontage of such
opposite lots, such amendment shall not become effective except by favorable vote
of three -fourths of all the members of the Board of Aldermen.
1

I
ARTICLE 19. ADMINISTRATION, ENFORCEMENT, AND PENALTIES
' 19.1 Zoning Enforcement
The Building Inspector and his authorized agents are hereby appointed the
1 enforcement officers with the duties of enforcing the provisions of this ordinance. If
a ruling of the Building Inspector or his authorized agents is questioned, the aggrieved
' party or parties may appeal such ruling to the Board of Adjustment.
n
C
11
91

ARTICLE 20. LEGAL STATUS PROVISIONS
20.1 Validity
If any section, sentence, clause, or phrase of this ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance. The Board of Aldermen hereby declares that it would have passed
this ordinance, and each section, clause, and phrase thereof, irrespective of the fact
that any one or more sections, sentences or clauses be declared invalid.
20.2 Effective Date
This ordinance shall be in full force and effective henceforth from February 7,
1998. This ordinance was duly adopted by the Board of Aldermen of the Town of
Columbia on January 5, 1998, with an effective date of February 7, 1998.
92

EXTRACT
LEGEND
-■ ILMVL1116 "ON
Agricultural District
Residential District
Multi -Family District
Multi -Family Manufactured Homes
Central Business District
Highway Business District
Industrial District
Historic District - Overlay
Open Space District
NOTE: When a boundary line of
the open space district parallels
the shoreline of the Scuppernong
River, the open space district
boundary is located seventy-five
(75) feet from the mean high water
mark of the Scuppernong River.
The preparation of this map was financed in part through
a grant provided by the North Carolina Coastal
Management Program, through funds provided by the
Coastal Zone Management Act of 1972, as amended,
which is administered by the Office of Ocean and Coastal
Resource Management, National Oceanic and
Atmospheric Administration.
OFFICIAL ZONING MAP
TOWN OF COLUMBIA
SCALE IN FEET
I, , MAYOR OF THE
TOWN OF COLUMBIA, DO HEREBY CERTIFY THIS
IS THE MAP WHICH DESIGNATES, AS OF
FEBRUARY 7, 1998, THE ZONING AREAS FOR THE
TOWN OF COLUMBIA.
ATTEST:
MAYOR, TOWN OF COLUMBIA
TOWN CLERK

INTRODUCTION
This sketch Land Use Plan is intended to develop methods of public participation,
research existing land use, and develop policies based upon identified relevant issues,
trends, constraints, and needs for the Town of Colerain. Through various enabling legis-
lation, many specific land use tools, such as subdivision regulations, zoning ordinances,
minimum housing codes, etc., are available to the Town in order to achieve orderly
development.
Area encompassed in this study includes the Town and property immediately sur-
rounding the Town (see maps). This Land Use Plan can only be implemented by Colerain
within the Town's jurisdiction. The areas outside the corporate limits are analyzed by land
uses and land classifications to illustrate future goals of the local government.
The preparation of this report was financed in part through a grant provided by the
North Carolina Coastal Management Program, through funds provided by the Coastal Zone
Management Act of 1972, as amended, which is administered by the Office of Ocean and
Coastal Resource Management, National Oceanic and Atmospheric Administration.
EXISTING CONDITIONS
A. Population
Colerain is located in the northern Coastal Plain in the northeastern part of Bertie
County. The Town's population has remained small over the years. A decline in popula-
tion has occurred since a 1970 high of 373.
Bertie County's overall population trend has shown a steady increase since 1980.
This is expected to continue over the next few years (Table 1).
The Town's population decline may be leveling off. Although the Town has lost
30% of its 1970 population, many homes are occupied by one person. Larger families
may reside in these homes in the future. Factors that may attract new families are
the availability of water and sewer and the proximity of the Chowan River.
TABLE 1. POPULATION OF COLERAIN, BERTIE COUNTY, AND COLERAIN TOWNSHIP.
YEAR
COLERAIN
CHANGE
BERTIE
CHANGE
COLERAIN
CHANGE
(%)
COUNTY
(%)
TOWNSHIP
(%)
1960
340
-
24,350
-
4756
-
1970
373
9.7
20,528
-15.7
4069
-14
1980
284
-24
21,024
2.4
3981
- 2
1987
262
- 7.7
21,132
5
-
-
1995
262
0
21,895
3.6
-
-
Source: N.C. State Data Center, Office of Budget and Management; Mid -East Commission;
Town of Colerain
B. Housing
According to a local survey and the 1980 U.S. Census, the Town of Colerain has
138 dwelling units, 9 of which were vacant in 1989. Of the occupied dwellings, 41.3%
were built prior to 1946, indicating a seriously aging housing stock (Table 2).
TABLE 2. COLERAIN HOUSING UNITS BY YEAR STRUCTURE BUILT.
YEAR TOTAL % OF OCCUPIED
% OF
NO. UNITS TOTAL UNITS
TOTAL
80 to 89 5 3.6 5
3.9
70 to 79 6 4.3 6
4.6
60 to 69 18 13.0 18
13.9
50 to 59 28 20.3 28
21.7
40 to 49 24 17.3 22
17.0
39 to earlier 57 41.3 50
38.8
138 129
Source: N.C. State Data Center, Office of Budget and Management; Mid -East Commission;
Town of Colerain.
C. Economy
Colerain had 133 persons sixteen years and older in the labor force in 1980. Of
those employed, the majority are working in retail trade (19.3%), wholesale trade
(18.5%), or manufacturing of nondurable goods (11.2%) (Table 3).
Most Colerain residents are employed in nearby communities such as Ahoskie,
Windsor, Edenton, or Plymouth. Some travel to the Hampton Roads
area for work.
Seafood and agricultural processing activities occur near Town.
The Town's tax rate is $.85 per $100.00 real property valuation.
TABLE 3. EMPLOYED COLERAIN PERSONS BY INDUSTRY TYPE.
# OF
% OF
INDUSTRY EMPLOYED
THOSEIN
PERSONS
LABOR FORCE
Agriculture, Forestry, Fishing, Mining 13
1C 5
Construction 5
4.0
Manufacturing
Nondurable Goods 14
11.2
Durable Goods 5
4.0
Transportation 1
.8
Communication, Other Public Utilities 2
1.6
Retail Trade 24
19.5
Wholesale Trade 23
18.5
Finance, Insurance and Real Estate 3
2.4
Business and Repair Services 4
3.2
Personal, Entertainment,
and Recreation Services 8
6.4
Professional and Related Services
Health Services 2
1.6
Education Services 13
10.5
Other Professional and
Related Services 4
3.2
Public Administration 3
2.4
Source: N.C. State Data Center, Office of Budget and Management.
D. Land Use
The Town of Colerain is a small fishing and farming village, surrounded on all
sides by farmland. Most developed land within the Town is residential. A small business
district in the center of Town includes grocery stores, insurance offices, a bank, a Post
Office, a taxidermy business, a clothing store, a laundromat, an appliance store, craft
shops, a barber shop, an oil company, a telephone switching station, and a garment
factory. A major east coast seafood processing facility, the Perry Wynns Fish Com-
pany, borders the River.
The land use trends in Colerain have been static for the past twenty years. However,
with expansion of existing water and sewer systems, the area east of Town along the

ISSUE #3:
Drainage in the outlying areas of Colerain needs improvement in order to avoid periodic
yard flooding and standing water problems.
Policy Statement: The Town of Colerain will develop a specific area -wide drainage plan
to implement as developed and developing areas are brought into the Town's jurisdiction.
Implementation Strategy:
SHORT-TERM: a. The Town will utilize recent detailed soil maps from the Bertie
County Soil Conservation Service in developing a detailed area -wide drainage plan.
LONG-TERM: b. The Town will seek financial and/or technical assistance from State
and/or Federal agencies to help implement a specific drainage improvement plan as
necessary.
ISSUE #4:
The Town has a water and sewer system that, with upgrading and expansion, can
encourage development.
Policy Statement: The Town recognizes the need and supports the expansion of the
existing water and sewer systems in order to attract development.
Implementation Strategy:
SHORT-TERM: a. The Town will analyze the existing water and sewer systems and
determine what needs to be done to upgrade and expand these systems.
LONG-TERM: b. If feasible, the Town will apply for grants for water and/or sewer
system improvements.
ISSUE #5:
Although the Town is committed to a moderate rate of growth, there are no existing
controls for an orderly growth pattern.
Policy Statement: Developing land use and planning controls will be of primary im-
portance as a means for promoting orderly growth and development.
Implementation Strategy:
SHORT-TERM: a. The Town will prepare and adopt a zoning ordinance.
SHORT-TERM: b. The Town Council will appoint a Planning Board.
LONG-TERM: c. All adopted land use related plans will be continuously reviewed and
updated as necessary.
LONG-TERM: d. All land use control ordinances will be reviewed for needed revisions
at least annually.
LONG-TERM: e. The Town will pursue the possibility of establishing extraterritorial
jurisdiction. This jurisdictional expansion will enable Colerain to implement this sketch Land
Use Plan, a zoning ordinance, and any other land use and planning controls that may be
heretofore adopted in a specified area located within a mile from the Town's limits.
ISSUE #6:
Police protection is important to the safety and welfare of the Town's residents.
Policy Statement: The Town of Colerain will make efforts to promote a safe environment
for its citizens by increasing police protection in the Town.
Implementation Strategy:
SHORT-TERM: The Town will investigate financing possibilities for the employment
of at least a part-time police officer.
OTHER POLICY ISSUES
1. Types and Location of Desired Industries.
Commercial fishing and agriculture have been the historic primary economic activities
in the Colerain area, and the Town would like to see more industries developed which are
related to these activities. Examples include seafood, aquaculture, and agricultural
processing. Other industries are also encouraged to promote the economic development
of the Colerain area and to provide more employment opportunities for the area's residents.
Such industries should be located only where State and Federal environmental guidelines
can be met.
2. Types, Location, and Density of Residential Development.
Colerain would like to maintain the low -density, single-family residential character of
the Town. The most desirable locations for such development would be on land already
cleared and on sites which are economically accessible to water and/or sewer lines.
3. Energy Facility Siting.
The Town would not like to see any of the Colerain area's natural resources adversely
affected by the nearby placement of energy facilities. However, such facilities that have
no adverse effects on the environment, such as a solar energy facility, should be permis-
sible and located only where stringent environmental regulations can be met.
STORM HAZARD MITIGATION,
POST -DISASTER RECOVERY POLICIES
The Town of Colerain is located in close proximity to the Chowan River shoreline and
wetlands, which is one of the major hazard areas in the county according to the Bertie County
1986 Land Use Plan.
In the event of a major storm, the Mayor of Colerain would act as a liaison between
the Town and the Bertie County Office of Emergency Management. The County's multi -
hazard plan includes an evacuation area shelter at Colerain Elementary School.
LAND CLASSIFICATION SYSTEM
The purpose of the land classification system is to provide a uniform way of looking
at how the use of land interacts with environmentally sensitive areas and with the develop-
ment needs of a particular locality. It is not a strict regulatory device in the sense of a zoning
ordinance or zoning map. It represents a tool to aid in understanding the relationships
between various land use categories and how these relationships help shape local policy.
Particular attention is focused on the intensity at which land is used and the level of services
needed to support that intensity. The Coastal Area Management Act's land use planning
guidelines state:
"The land classification system provides a framework to be used by local govern-
ment to identify the future use of all lands in each county. The designation of land
classes allows the local government to illustrate their policy statements as to where
and to what density they want growth to occur, and where they want to conserve
natural and cultural resources by guiding growth." (713.0204)(a)
The land classifications, along with a land classification map, are therefore intended
to serve as a visual representation of the policies stated in the preceding discussion. The
map depicting these classifications must be as flexible as the policies that guide them. (See

ment of Cultural Resources, Division of Archives and History, has noted the following
structures of historic or architectural significance in Colerain:
• Beasley House — located on the southwest corner of Academy and Main Streets;
two-story wood frame structure constructed in the 1820s.
• Revel -Wade House — located on the northwest corner of Academy and Main
Streets; two-story wood frame structure constructed in the late 1820s or early 1830s.
• Colerain Community Library — previously a doctor's office, the Library is located
on Winton Street; one-story, wood frame structure constructed around 1940.
There are several known archaeological sites within the Colerain planning area,
principally along the Chowan River. The high ground along this River is of particular
interest to the N.C. Department of Cultural Resources, Division of Archives and History.
G. Natural Resources
The soils which make up Colerain's area are generally moderately to poorly drained
soils, although well suited for both agricultural and woodland uses. Soil types in the
area are not limiting to development, especially if water and sewer facilities are extended.
Colerain is located about one-half mile west of the Chowan River, an important
natural asset. This River is the upper portion of the Albemarle/Pamlico Sound which
is the second largest estuarine system on the east coast of the United States. This
has made Colerain the largest commercial fishing area in Bertie County.
PUBLIC PARTICIPATION AND
CITIZEN SURVEY RESULTS
Intrinsic in any community planning process is the need for public participation. In
discussions with the Town Land Use Plan Advisory Committee, it was decided that public
participation in the form of a citizen survey form or questionnaire would achieve maximum
input from the public. The questionnaire was made available to the public at the Town Clerk's
office, distributed by various committee members, and taken door-to-door to households
and merchants. Of the seventy (70) surveys distributed, there were twenty-nine (29)
respondents for a response rate of 41 %.
The results from the Citizen Survey identified some issues, trends, and concerns for
which policy statements can be established. Citizens of Colerain and the surrounding area
were asked to give their opinions as to the most critical development issues facing the Town
over the next ten years. The choices of issues given and the response percentage of each
are as follows: lack of economic development, 33%; maintaining the "character" of the
Town, e.g., quiet residential, 21%; control, or guidance, of land development within the
Town, 19%; provision of adequate water and sewer to meet growth demands, 16%; and
the provision of adequate drainage, 11%.
Respondents expressed their view concerning the growth of the Town in the next ten
years as follows: 39% felt that the Town should grow substantially; another 39% thought
it should grow moderately; 18% felt that it should stay about the same as now, and 4%
anticipated a decrease in population.
The following issues had favorable response by the Town as follows: Environmental
resource preservation, 100%; historical resource preservation, 93%; the need for full-time
police protection, 89%; Colerain's application for water and sewer system grants, 76%;
the Town establishing a planning jurisdiction outside the Town limits, 73%; Town's adoption
of subdivision regulations, 70%; the development of a public waterfront park, 68%; and
the need for more recreational facilities, 65%.
To further show commitment on the part of the respondents, the majority of those
surveyed expressed a willingness to allocate more taxes for: Police protection, 85%; rescue
squad, 75%; more recreational facilities, 73%; fire protection, 69%; water system, 67%;
public garbage collection, 67%; drainage improvements, 65%; street improvements, 65%;
and sewer system, 61%.
Other areas of concern identified as important by the residents of the Colerain area
are as follows: The annexation of developed and developing areas into the Town limits;
the establishment of a day care facility for senior citizens; the increase of employment op-
portunities; the rehabilitation of substandard housing; the increase of shopping convenience;
and the establishment of zoning in the Town.
ISSUES, POLICY STATEMENTS,
AND IMPLEMENTATION STRATEGY
Below is presented the list of issues which we identified during the survey process,
policy statements as adopted by the Town of Colerain Land Use Plan Advisory Committee,
and the implementation strategies for each policy statement.
ISSUE #1:
The Coastal Resources Commission has designated three Areas of Environmental
Concern (AECs) in the Colerain Land Use Plan Study Area. These areas are the public
trust area of the Chowan River, the estuarine waters associated with the River, and a seventy-
five foot estuarine shoreline bordering the River. The Coastal Area Management Act gives
special attention to the nature of development in these AECs, making sure that any proposed
development would meet State guidelines.
The wetlands in the Colerain Land Use Study Area are under supervision by the Army
Corps of Engineers, who enforces the Clean Water Act. Any discharge of dredged or fill
materials into these waters are regulated by the Corps' permit process.
State and federal programs such as the aforementioned provide protection for the
area's environmental resources. The residents of Colerain are concerned with this resource
preservation.
Policy Statement: The Town of Colerain will undertake appropriate measures to increase
public awareness of environmentally fragile areas by supporting and advising citizens on
how to comply with State and Federal environmental programs.
Implementation Strategy:
SHORT-TERM: The Town will make available to citizens information on the area's
environmental resources and promote their preservation.
ISSUE #2:
The Town of Colerain wishes to preserve its historical resources.
Policy Statement: The Town, along with any owners of property with significant historical
value, will seek preservation of properties through local, State, and Federal means.
Implementation Strategy:
SHORT-TERM: a. The Town will inventory the properties in the area which may be
of significant historical value.
SHORT-TERM: b. The Town will make available to those historic property owners
additional information concerning nomination to the National Register of Historic Places.
LONG-TERM: c. The Town will seek to keep its residents informed of the historical
resources it possesses and will participate in and support the protection of all historical
sites and areas.

E.
Chowan River has the potential to develop with residential uses. There are no industries
in the Town limits of Colerain.
Community Facilities
1. Water System
Unlike many other small towns, Colerain has the advantage of a municipal
water system. This system, constructed in 1938, serves approximately 280
residents with 142 water connections. A water tower located in the southeastern
portion of the Town off Main Street holds approximately 38,000 gallons of water.
It dispenses an average of about 66,000 gallons of water per day, close to two
million gallons per month.
The tower is replenished by a main well which pumps water at a rate of about
500 gallons per minute. A second well on the same site acts as a back up in case
the main well fails. This second well pumps water at a rate of about 50 gallons
per minute and the water is used for fire protection. Eighteen fire hydrants are
integrated into the water system.
Colerain's water is average in quality and abundant in quantity. New develop-
ment within the Town can tap on to the existing water system; however, for major
extensions to serve areas outside Town, the current system may need upgrading.
2. Sewage Disposal
According to the Bertie County 1986 Land Use Plan, the wastewater collection
and treatment facilities for Colerain serve 275 residents within the Town's limits.
It is a secondary treatment plant. The facility was constructed in 1976 and has
a capacity of 75,000 gpd with a 38,000 gpd discharge location on a tributary of
the Chowan River. Since this system is operating at 50 percent, there is sufficient
capacity for the community to plan for development. However, the effluent quality
of the plant's discharged wastewater is not in compliance with State standards.
A supplementary system whereby sludge is applied to farmland would assist
in upgrading the existing system. However, this improvement alone would not solve
the problem of excessive nitrogen and phosphate content in the discharged
wastewater. Costly improvements to the wastewater treatment plant are necessary
to help protect the nutrient -sensitive Chowan River basin from excessive algae
blooms.
Residents of the area surrounding Colerain rely on septic tanks for wastewater
removal.
3. Solid Waste Disposal
Solid waste collection is provided by the Town two times per week for residents
and businesses. The refuse is hauled to the Town's landfill and placed in dumpsters
which the County empties periodically. Fallen tree limbs and yard debris are
deposited in the landfill.
4. Drainage
The Town's storm drainage system, complete with curb and gutter, effectively
drains excess water into outlying areas of the Town's limits. Unfortunately, drainage
is a problem for the Long Branch neighborhood located south of the Town. Ac-
cording to a Bertie County sanitarian, water samples from the drinking wells reveal
high bacteria contents in this neighborhood's water supply. Because the neigh-
borhood is in a low lying area, it is believed that this water problem is associated
with poor drainage.
5. Transportation
All of the public streets in Colerain are paved. However, State Road 1337
just outside the Town is currently dirt. This road accesses several residences and
is not in good repair. The State is currently working to install curb and gutter and
improve portions of River Street toward the Chowan River.
Two major highways intersect at the center of Town; Highway 42 running
east to the River and west to Powellsville; and Highway 45 running north to
Harrellsville and running south parallel to the Chowan River.
6. Police, Fire, and Rescue
The Town does not employ any police officers, although they have in the past.
The Town now relies solely on the Bertie County Sheriff's Department for police
protection. This protection is not adequate for Colerain.
Fire protection is provided by the Town of Colerain Volunteer Fire Depart-
ment which consists of approximately 20 men. The Fire Department is equipped
with two pumpers and one tanker.
Bertie County Emergency Management personnel estimates approximately
40 calls for fire protection from the Colerain area per year. Response time for these
calls is adequate.
The Town has a volunteer rescue squad with 19 active Emergency Medical
Technicians (EMTs), two ambulances and one rescue unit. Bertie County Emer-
gency Management personnel estimates approximately 200 to 225 calls for service
per year. Although it is a volunteer rescue squad, with many EMTs working during
the day, the response time to calls is exceptionally good.
In addition to the Colerain fire and rescue squads, the Town has a mutual
aid agreement between all towns in Bertie County for additional fire protection
facilities and emergency medical support from other nearby communities.
7. Medical Services
There are no practicing physicians in the Town of Colerain. The Bertie County
Health Department, however, conducts a walk-in clinic, a hypertension clinic, and
a Women, Infants, and Children's (WIC) pick-up station five separate days of the
month from a trailer located on Winton Street.
Aside from the Health Department's clinics, residents can obtain medical ser-
vices from surrounding communities such as Ahoskie, Windsor, and Edenton.
The Town has no pharmacy in operation at the present, although they have
had one in the past.
8. Public Schools
The Town of Colerain has one school located within the Town limits, Colerain
Elementary School, which serves grades K-8 for residents of Colerain and the
surrounding countryside. Bertie County Board of Education officials report a
1988-89 academic year enrollment of 403 pupils for Colerain Elementary School.
The School's capacity is 475. Ninth through twelfth graders are bused to Bertie
High School located about 20 miles from Colerain. Bertie High has a 1988-89 enroll-
ment of 1,218 students, with a capacity of 1,200.
9. Recreational Facilities
Colerain owns land in the center of the Town where a library, the Town Hall,
a community building and a small park are located off Winton Street. This park
has picnic tables, benches, swings, and a small merry-go-round. The elementary
school also has a recreational area.
The Colerain Beach and Boat Club is located at the east end of River Street
(Hwy 42) where a private dirt road runs along the River. This Club is privately
owned and opened only during the summer to members and guests. It has fishing
and swimming piers, a slide, picnic pavilions, a boat ramp, and seesaws.
F. Cultural Resources
Currently, there are no properties or archaeological sites in Colerain listed on the
National Register of Historic Places or the North Carolina Division of Archives and
History Study List for future nomination to the Register. However, the N.C. Depart-

Land Classification Map.) Please keep in mind that although area surrounding the Town
is included in the map, the Town's current jurisdiction is limited to the area in the present
corporate limits of Colerain. The land classifications indicated outside Town represent the
future classification intention of Colerain to be implemented when the Town's jurisdiction
is expanded.
A. Developed
The purpose for this class is to provide for continued intensive development and
redevelopment of existing cities.
Areas meeting the intent of the developed land classification are currently urban
in character where minimal undeveloped land remains and have in place, or are
scheduled for the timely provision of, the usual municipal or public services. Urban
in character includes mixed land uses such as residential, commercial, industrial, in-
stitutional, and other uses at high to moderate densities. Services include water, sewer,
recreational facilities, streets and roads, police and fire protection. Most land classified
"developed" lies within the Town (see land classification map).
B. Transition
Transition land is classified as those lands providing for future intensive urban
development within the ensuing ten years on lands that are most suitable and that
will be scheduled for provision of necessary public utilities and services. They may
also provide for additional growth when additional lands in the developed class are
not available or when they are severely limited for development.
Lands classified for "transition" may include:
1. lands currently having urban services, and
2. other lands necessary to accommodate the urban population and economic growth
anticipated within the planning jurisdiction over the next ten years.
Lands classified for the latter reason must:
a. be served or be readily served by water, sewer, and other urban services,
including streets, and
b. be generally free of severe physical limitations for urban development.
The "transition" class should not include:
a. lands of high potential for agriculture, forestry, or mineral extraction, or land
falling within extensive rural areas being managed commercially for these
uses, when other lands are available;
b. lands where urban development might result in major or irreversible damage
to important environmental, cultural, scientific, or scenic values; or
c. land where urban development might result in damage to natural systems
or processes of more than local concern; and
d. lands where development will result in undue risk to life or property from
natural hazards or existing land uses, e.g., frequently flooded areas.
Transitional lands are those areas where public investment decisions will be re-
quired to provide the necessary urban services. With long-range planned improvements
in both water and sewer services, the areas classified "transition" should have ac-
cessibility to these services. The relationship between "developed" and "transitional"
make those lands classified as developed important areas to closely monitor. The
Coastal Resources Commission has further clarified this relationship as described below.
The Developed and Transitional classes should be the only lands under active
consideration by a county or municipality for intensive urban development requiring
urban services. The area within these classes is where detailed local land use and
public investment planning will occur. State and Federal expenditures on projects
associated with urban development (water, sewer, urban street systems, etc.) will be
guided to these areas. Most of the "transitional" lands in the Town of Colerain cor-
porate limits should have access to centralized water and/or sewer systems during
the planning period.
Land classified "transition" on the land classification map includes the following
areas:
a. All undeveloped land within the Town's limits.
b. The elementary school property (currently undeveloped) located adjacent to the
school and outside the Town's limits.
c. Property west of Town currently being used for industrial and residential uses but
not connected to municipal water and sewer.
d. The Long Branch neighborhood south of Town.
e. Additional land south of Town currently being used for agricultural and residential
uses but planned for the future development of a trailer park and lands adjacent
to roads where the future extension of water lines is planned.
C. Rural
The "rural" class provides for agriculture, forest management, mineral extraction,
and other low -intensity uses on large sites, including residences where urban services
are not required and where natural resources will not be unduly impaired. These lands
are identified as appropriate locations for resources management and allied uses: land
with high potential for agriculture, forestry, or mineral extraction; lands with one or
more limitations that would make development costly and hazardous; and land con-
taining irreplaceable, limited, or significant natural, recreational, or scenic resources
not otherwise classified.
Rural lands in the Colerain Study Area surround the Town, excluding lands where
urban services are likely to be extended and lands that may be subject to flooding
(see land classification map).
D. Conservation
The "conservation" class provides for effective long-term management of signifi-
cant limited or irreplaceable areas. This management may be needed because of its
natural, cultural, recreational, productive, or scenic values. This class should be limited
to lands that contain: major wetlands; essentially undeveloped shorelands that are
unique, fragile, or hazardous for development; necessary wildlife habitat or areas that
have a high probability for providing necessary habitat conditions; publicly -owned water
supply watersheds and aquifers; and forestlands that are undeveloped and will remain
undeveloped for commercial purposes. Also, by definition, all Areas of Environmental
Concern should be classified as "conservation."
On the eastern portion of the Colerain Study Area, land bordering the Chowan
River is designated as conservation. This area is mostly wetlands with sloping cliffs
and soils unsuitable for agriculture. The Colerain wastewater treatment plant, the
Colerain Beach and Boat Club and several industrial, residential, and recreational uses
are located in this area. Although partially developed, the Town of Colerain wishes
to preserve this fragile environmental area.
West of Colerain lies the Chinkapin Swamp. This forested area, designated as
conservation, is totally undeveloped with the exception of the Town's landfill. The
classification of this area will influence future policy concerning expansion or relocation
of this existing dumpsite.
SUMMARY
The issues, policy statements, and implementation strategies identified herein should
serve as primary decision -making tools to aid the Town of Colerain in the day-to-day opera-
tion of the planning program. Adherence to these policies will minimize arbitrary planning
decisions. In addition, the implementation strategies identified will provide the methodology
to successfully meet the needs and demands of future Town growth. Implementation of
the policies will depend completely upon the cooperation of the Colerain Town Council,
the Planning Board (when established), and most importantly, the residents of Colerain.

TOWN OF COLERAIN
NORTH CAROLINA
1989 LAND USE PLAN
Sketch Level
PREPARED BY:
THE TOWN OF COLERAIN
A.D. Jernigan, Mayor
TOWN COUNCIL
Carl Freeman - Eloise Perry
Duncan Hughes Arline Riddick
Gilbert Spruill
DCM COPY" f�� DCM COPY
lease do not remove!!!!!
THE TOWN OF COLERAIN
NORTH CAROLINA
1989
LAND USE PLAN
Sketch Level
Local Adoption Date: October 26, 1989
CRC Certification Date: December 1, 1989
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.