Unified Development Ordinance-1989

TOWN OF EDENTON
INTEROFFICE MEMORANDUM
9007-649
TO: Unified Development Ordinance Holders
FROM: Anne -Marie Kelly, Town Manager
SUBJECT: UDO Update
DATE: July 26, 1990
COPIES:
Enclosed find amended pages 77, 111, and 161 of the Unified
Development Ordinance. In order to update the UDO please
replace these three pages. Also you will find an amendment
index and amendment summary enclosed. Place the index and
summary in the front of your Unified Development Ordinance to
be used as.a reference to amendments made. Thank you.

Section 149 Permissible Uses and Specific Exclusions.
(a) The presumption established by this chapter is that all legitimate
uses of land are permissible within at least one zoning district in the town's
planning jurisdiction. Therefore, because the list of permissible uses set forth
• in Section 146 (Table of Permissible Uses) cannot be all-inclusive, those uses
that are listed shall be interpreted liberally to include other uses that have
similar impacts to the listed uses.
(b) If a use cannot be interpreted by the administrator for inclusion in
the Table of Permissible Uses (Section 146) as provided for in subsection (a),
that use shall be prohibited. Section 146 (Table of Permissible Uses) shall not
be interpreted to allow a use in one zoning district when the use in question
is more closely related to another specified use that is permissible in other
zoning districts.
(c) Without limiting the generality of the foregoing provisions, the
following uses are specifically prohibited in all districts:
(1) Any use that involves the manufacture, handling, sale,
distribution, or storage of any highly combustible or explosive
materials in violation of the town's fire prevention code.
(2) Stockyards, slaughterhouses, rendering plants.
(3) Use of a travel trailer as a temporary or permanent residence.
(Situations that do not comply with this subdivision on the
effective date of this chapter are required to conform within one
year. See Section 130.)
• (4) Use of a motor vehicle parked on a lot as a structure in which,
out of which, or from which any goods are sold or stored, any
services are performed, or other business is conducted.
(Situations that do not comply with this subdivision on the
effective date of this chapter are required to conform.within
thirty days. See Section 130..)
(d) Any other use not listed in Section 146 table of permissible uses in
which in the opinion of the Town Council would be compatible with the permitted
uses. The Town Council when issuing a conditional use permit shall be subject
to the same review procedure as described herein for the Board of Adjustment.
Section 150 Accessory Uses.
(a) The Table of Permissible Uses (Section 146) classifies different
principal uses according to their different impacts. Whenever an activity (which
may or may not be separately listed as a principal use in this table) is
conducted in conjunction with another principal use and the former use (i)
constitutes only an incidental or insubstantial part of the total activity that
takes place on a lot, or (ii) is commonly associated with the principal use and
integrally related to it, then the former use may be regarded as accessory to
the principal use and may be carried on underneath the umbrella of the permit
issued for the principal use. For example, a swimming pool/ tennis court complex
is customarily associated with and integrally related to a residential
subdivision or multi -family development and would be regarded as accessory. to
• such principal uses, even though such facilities, if developed apart from a
residential development, would require a special use permit (use classification
6.210).
77 amended 05/29/90

• Section 185 Accessory Building Setback Reouirembnts/Maximum Lot Coverage.
All accessory buildings in residential districts (i.e., those established
by Section 135) must comply with the street right-of-way and side lot boundary
setbacks set forth in Section 184 but (subject to the remaining provisions of
this subsection) shall be required to observe only a five-foot setback from rear
lot boundary lines.
(1) Where the high point of the roof or any appurtenance of an
accessory building exceeds twelve feet in height, the accessory
building shall be set back from rear lot boundary lines an
additional two feet for every foot of height exceeding twelve
feet.
(2) Maximum lot coverage of principal and accessory buildings shall
not exceed sixty percent of the lot.
Section 186 Building Height Limitations.
(a) For purposes of this section:
(1) The height of a building shall be the vertical distance measured
from the mean elevation of the finished grade at the front of the
building to the highest point of the building.
(2) A point of access to a roof shall be the top of any parapet wall
or the lowest point of a roof's surface, whichever is greater.
Roofs with slopes greater than seventy-five percent are regarded
as walls.
(b) Subject to the remaining provisions of this section, building height
limitations in all residential zoning districts shall be thirty-five (35) feet
and fifty (50) feet in all non-residential zoning districts.
(c) Subject to subsection (d), the following features are exempt from the
district height limitations set forth in subsection (b):
(1) Chimneys, antennas, church spires, water tanks, elevator shafts,
scenery lofts, and similar structural appendages not intended as
places of occupancy or storage;
(2) Flagpoles and similar devices;
(3) Heating and air conditioning equipment, solar collectors, and
similar equipment, fixtures and devices.
(d) The features listed in subsection (c) are exempt from the height
limitations set forth in subsection (b) if they conform to the following
requirements:
• (1) Not more than one-third of the total roof area may be consumed
by such features.
ill amended 05/29/90

• (9) Signs proclaiming religious, political, or other non-commercial
messages (other than those regulated by Subdivision 273(a)(5))
that do not exceed one per abutting street and sixteen square feet
in area and that are not internally illuminated.
(10) Signs determined by the Town Council to be of local historical
significance.
•
Section 273 Certain Temporary Signs: Permit Exemptions and Additional
Regulations.
(a) The following temporary signs are permitted without a zoning, special
use, conditional use, or sign permit. However, such signs shall conform to the
requirements set forth below as well as all other applicable requirements of this
chapter.
(1) Signs containing the message that the real estate on which the
sign is located (including buildings) is for sale, lease or rent,
together with information identifying the owner or agent. Such
signs may not exceed the following. For lots in the.residential
area signs may not exceed four square feet in area and shall be
removed immediately after sale, lease, or rental. For lots of one
to five acres a single sign not to exceed sixteen square feet may
be erected. For a lot five acres plus a single sign not to exceed
thirty-two square feet may be erected.
(2) Construction site identification signs. Such signs may identify
the project, the owner or developer, architect, engineer,
contractor and subcontractors, funding. sources, and may contain
related information. Not more than one such sign may be erected
per site, and it may not exceed thirty-two square feet in area.
Such signs shall not be erected prior to the issuance of a
building permit and shall be removed within ten days after the
issuance of the final occupancy permit.
(3) Signs attached temporarily to the interior of a building window or
glass door. Such signs, individually or collectively, may not
cover more than twenty-five percent of the surface area of the.
transparent portion of the window or door to which they are attached.
Such signs shall be removed within thirty days after placement.
(4) Displays, including lighting, erected in connection with the
observance of holidays. Such signs shall be removed within ten
days following the holidays.
(5) Signs erected in connection with elections or political campaigns.
Such signs shall be removed within three days following the
election or conclusion of the campaign. No such sign may exceed
• sixteen square feet in surface area.
161 amended 05/29/90

TOWN OF EDENTON
UNIFIED DEVELOPMENT ORDINANCE
• AMENDMENT INDEX
1. U.D.O. Adopted November 14, 1989
2. Section 185(2) page 111, Lot Coverage, amended
May 29, 1990
3. Section 273(a)(1) page 161, Real Estate Signs, amended
May 29, 1990
4. Section 273(a)(3) page 161, Temporary Interior Window
Signs, amended May 29, 1990
5. Section 149(D) page 77, Conditional Uses, amended
May 29, 1990.
•
.
0

SUMMARY OF AMENDMENTS
Amendments approved on May 29, 1990:
Section 185 (2) page 111 states: Maximum lot coverage of
principal and accessory buildings shall not exceed forty
percent of the lot. y
Amend: Maximum lot coverage of principal and accessory
building shall not exceed sixty percent of the lot.
Section 273 (a)(1) page 161 states: Signs containing the
message that the real estate on which the sign is located
(including buildings) is for sale, lease or rent, together
with information identifying the owner or agent. Such signs
may not exceed four square feet in area and shall be removed
immediately after sale, lease, or rental. For lots of less
than five acres, a single sign on each street frontage may be
erected. For lots of five acres or more in area and having a
street frontage in excess of four hundred feet, a second sign
not exceeding four square feet in area may be erected.
Amendment: Section 273 (a)(1)
Signs containing the message that the real estate on which
the sign is located (including buildings) is for sale, lease
or rent, together with information identifying the owner or
agent. Such signs may not exceed the following. For lots in
the residential area signs may not exceed four square feet in
area and shall be removed immediately after sale, lease, or
rental. For lots of one acre to five acres a single sign not
to exceed sixteen square feet may be erected. For a lot five
acres plus a single sign not to exceed thirty-two square feet
may be erected.
Section 273 (a)(3) page 161 states: Signs attached tempo-
rarily to the interior of a building window or glass door.
Such signs, individually or collectively, may not cover more
than seventy-five percent of the surface area of the trans-
parent portion of the window or door to which they are
attached. Such signs shall be removed within thirty days
after placement.
Amend: Signs attached temporarily to the interior of a
building window or glass door. Such signs, individually or
collectively, may not cover more than twenty five percent of
the surface area of the transparent portion of the window or
door to which they are attached. Such signs shall be removed
within thirty days after placement.
Section 149 Permissible Uses and Specific Exclusions
Amendment to be added to Section 149(D) page 77
Conditional Uses (Town Council)
Any other use not listed in Section 146 table of permissible
uses which in the opinion of the Town Council would be
compatible with the permitted uses. The Town Council when
issuing a conditional use permit shall be subject to the same
review procedure as described herein for the Board of Adjust-
ment.

TOWN OF EDENTON
UNIFIED DEVELOPMENT ORDINANCE
ADOPTED
NOVEMBER 14, 1989
PREPARED BY:
THE WOOTEN COMPANY
ENGINEERING•PLANNING•ARCHITECTURE
RALEIGH/GREENVILLE, NORTH CAROLINA
t�

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•
UNIFIED DEVELOPMENT ORDINANCE
TOWN OF EDENTON ---
ADOPTED NOVEMBER 14, 1989
TOWN COUNCIL
MARINA CRUMMEY
JIMMY ALLIGOOD
ALLEN B. HARLESS
LIVINGSTONE•T. GOODMAN
E.N. "PETE" MANNING
TOWN MANAGER
ANNE-MARIE KELLY
MAYOR
JOHN T. DOWD
MAYOR PRO-TEM
WILLIS PRIVOTT
PLANNING BOARD/
BOARD OF ADJUSTMENT
GAYLE GIESEKE, CHAIRPERSON
WALLACE EVANS, VICE CHAIRMAN
PRESTON SISK
RONALD FELTON
TOM BATEMAN
MARSHALL JORDAN
JULIA SMALL
ZONING ADMINISTRATOR
FRANK KRIZAN
PLANNING CONSULTANT
THE WOOTEN COMPANY

•
ACKNOWLEDGEMENT
The Unified Development Ordinance proposed for the Town of
Edenton is based. upon a model ordinance entitled A Unified
Development Ordinance authored by Michael B. Brough. The Edenton
Unified Development Ordinance follows the format and approach of A
Unified Development Ordinance but incorporates the specific needs
and objectives of the Town of Edenton.
is
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is
TABLE OF CONTENTS
ARTICLE I
GENERAL PROVISIONS --
Section 1 Short Title/Purpose . . . . .
Section 2 Authority . . . . . . . . . . . . . . . . . . . . . . . '
' . . . . .
Section 3 Jurisdiction . . . . . . ' ' ' ' ' '
Section 4 Effective Date '
Section 5 Relationship to Existing'Zoning,•Subdivision'and*Flood' '
Control Ordinances ...
Section 6 Relationship to Land UsePlan
Section 7 No Use or Sale of Land or Buildings Except'in Conformity
With Chapter Provisions . . . .
Section 8 Fees . . . ' ' ' ' ' ' ' ' . ' ' ' ' ' '
Section 9 Severabi 1 i ty . , .... , , , ' ' ' . ' . ' ' ' ' '
Section 10 Computation of Time . . . . . . ' . . . . . . . '
Section 11 Miscellaneous . ' ' ' ' ' ' ' ' ' ' ' '
Sections 12 and 14 Reserved . . . . . . . . . . . . . . . . . . . . .
ARTICLE II
BASIC DEFINITIONS AND INTERPRETATIONS
1
1
1
1
2
2
3
3
3
Section 15 Definitions of Basic Terms 4
Section 16 Lots Divided by District Lines ' . 17
Sections 17 through 20 Reserved . . . . . . . . . . ' . 18
ARTICLE III
ADMINISTRATIVE NECHANISMS
Part I. Planning Board
Section
21
Appointment and Terms of Planning Board Members
19
Section
22
Meetings of the Planning Board . . . . . . .
19
Section
23
. . . . .
Quorum and Voting . . . . . .
. . .
20
Section
24
. . ' '
Planning Board Officers . . ...
' ' ' 20
Section
25
Powers and Duties of Planning Board . . . . . . .
20
Section
26
. . .
Advisory Committees . . . . . . .
. . .
21
Sections 27
through 28 Reserved........
.. 21
Part H. Board of Adjustment
Section
29
Appointment and Terms of Board of Adjustment
21
Section
30
Meetings of the Board of Adjustment . . ' .
. . ' . . '
. . . 22
Section
31
Quorum . . . . . . . . . . . . . ' .
' ' '
' . ' 22
Section
Section
32
33
Voting . . . . ...
� ' ' ' '
. ' . ' . . .
' ' ' 23
. . .
Board of Adjustment Officers .
24
Section
34
Powers and Duties of Board of Adjustment :
24
Sections
35
and 36 Reserved . . . . . . . . . . . . ..
. . ,
. . . 24
i

Part III. Land
Use -Administrator
• Section
37
Land Use Administrator . .
. . . . . . . . . . . . . . .
. 25
Section
38
and 39 Reserved . . . . .
. . . . . . . . . . . . . . .
. .
. . . 25
Part IV.
Town Council
Section
40
The Town Council . . . .
. . . . . . . . . . . . . . .
. . . 25
Part V. Historic
District Commission
Section
42
Meetings of the Historic
District Commission . . . .
. 26
Section
43
Quorum and Voting
. . . . . . . . .
. . 26
Section
44
Historic District Commission
Officers . . . . . . .
. . .
27
Section
45
Powers and Duties of the
Historic District .
. . . 27
Section
45.1
Designation of Historic
District . . . . . . . . . .
. . . 27
ARTICLE IV
PERMITS AND FINAL PLAT APPROVAL
Part I. Zoning, Special Use, and Conditional Use Permits
Section
46
Permits Required ...
29
Section
47
No Occupancy, Use, or Sale of LotsUntilRequirements
Fulfilled .. . . . . . . . . .
30
Section
48
. .
Who May Submit . Permit Applications
. 30
Section
Section
49
50
Applications To Be Complete . .. . . . , .
Staff Consultation
30
Before Formal Application
: '
31
Section
51
* . .
Staff Consultation After Application Submitted .
. 32
Section
52
Zoning Permits .. . .
33
Section
53
Authorizing Use orOccupancyBefore Completion of
Development Under Zoning Permit . . . . . . . . . .
34
Section
54
. . . .
Special Use Permits and Conditional Use Permits
.
34
Section.55
Burden of Presenting Evidence; Burden of Persuasion . - -
36
Section
56
Recommendations on Special Use Permit Applications . . . .
. 36
Section
57
Recommendations on Conditional Use Permits . . .
. 36
Section
58
Council Action on Conditional Use Permits . .
37
Section
59
Board of Adjustment Action on Special Use Permits
38
Section
60
Additional Requirements on Special Use and Conditional
Use Permits . . .�
39
Section
61
Authorizing Use, orSale Before�Completion of
Development Under Special Use of Conditional Use Permits
39
Section
62
Completing Developments in Phases . . . . . . .
40
Section
63
. . .
Expiration of Permits . . .
. . . .
. 41
Section
64
. . .
Effect of Permit on Successors and'Assigns� . . . . . . .
. 42
.
Section
65
.
Amendments to and Modifications of Permits . . . .
43
Section
66
. . .
Reconsideration of Board Action . .
. .
. 43
.Section
67
. . . .
Applications to be Processed Expeditiously . .
. 44
Section
68
Maintenance of Common Areas, Improvements, and Facilities
. 44
Sections
69
.
through 75 Reserved . . . . . . . . . . . . . . . . . . .
44
ii

Part II. Major and Minor Subdivisions
• Section
76
Regulation of Subdivisions . . . . . . . .
45
Section
77
. .
No Subdivision Without Plat Approval . . . . . . . .
. .
45
Section
78
. .
Minor Subdivision Approval . . . . . . . .
. .
45
Section
79
.
Major Subdivision Approval Process .
. .
46
Section
80
Endorsements on Major Subdivision Plats
'
. .
47
Section
81
Plat Approval Not Acceptance of Dedication Offers . ' .
. ' '
' . 49
.
Section
82
Protection Against Defects ..
. ' .
. 49
Section
83
Maintenance of Dedicated Areas UntilAcceptance . '
. ' 50
Sections 84
through 90 Reserved . . . . . . . . . . . . . . . . . .
. . 50
ARTICLE V
APPEALS, VARIANCES, INTERPRETATIONS
Section
91
Appeals . . . . . . . . . . . . . .
51
Section
Section
92
93
Variances .. .
Variances
51
. '
FromFloodplain or*Floodway Requirements' .
52
Section
94
Interpretations . . .
52
Section
95
.
Requests to be HeaW Expeditiously .
. . 53
Section
96
Burden of Proof in Appeals and Variances' . . . . .
53
Section
97
. . .
Board Action on Appeals and Variances . . .
. .
54
Sections
98
through 100 Reserved . . . . . . . . . . . . . . . . . .
. . 54
ARTICLE VI
•
HEARING PROCEDURES FOR APPEALS AND APPLICATIONS
Section
101
Hearing Required on Appeals and Applications . .
55
Section
102
Notice of Hearing . . . . . ' . .
' . 55
Section
103
Evidence . . .
' . 56
Section
104
Modification of�Application*at Hearing . . . '
56
Section
105
Record . . . ' . . .
'Decision ' ' . '
' . 56
Section
106
Written . . . . . . . . ' ' .
' . 57
Sections
107
through 110 Reserved . . . . . . ..... . . . . . . . .
. . 57
40
ARTICLE VII
ENFORCEMENT AND REVIEW
Section
111
Complaints Regarding Violations . . . . . .
58
Section
112
.
Persons Liable '
�
. . .
58
Section
113
Procedures UponDiscovery*of Violations . . .
58
Section
114
,. . . .
Penalties and Remedies for Violations
. ' .
. . .
58
Section
115
. . . .
Permit Revocation . . . . . . . '
' . . 59
Section
116
Judicial Review ' . .
. . ' 60
Sections
111
through 120 Reserved' . . . . . . . . . . . . . . . . .
. . 60
iii

ARTICLE VIII
•
NONCONFORMING SITUATIONS
Section
121
Definitions ..
61
Section
122
Continuation ofNonconformingSituations and -Completion of
Nonconforming Projects . . . . . . . . . . . .
62
Section
123
Nonconforming Lots . . . .. . . . . . . . .
62
Section
124
. . .
Extension or Enlargement ofNonconforming�Situations
63
Section
125
.
Repair, Maintenance and Reconstruction . . .
64
Section
126
Change in Use of Property Where a Nonconforming
Situation Exists .
65
Section
127
Abandonment and Discontinuance ofNonconforming�Situations
66
Section
128
.
Completion of Nonconforming Projects . . . . . . . .
67
Section
129
. . . .
Nonconforming Signs . . .
70
Section
130
. .
Termination of Miscellaneous Nonconforming Situations
71
Sections
131
.
through 134 Reserved . . . . . . . . . . . . . . . . . . .
71
ARTICLE IX
ZONING DISTRICTS AND ZONING MAP
Part 1. Zoning Districts
Section
135
Residential
Districts Established . . . . . .
. 72
Section
136
Commercial
Districts Established . . . . . . .
. . . . . 72
Section
137
Industrial
Districts Established . . . . . .
. . . . . 73
Section
138
Overlay Districts
Established . . . . . . . . .
. . . . . . 74
is Section
139
through 141
Reserved
. . .
Part II. Zoning Map
Section 142 Official Zoning Map .. . . . . 74
Section 143 Amendments to Official Zoning Map . . . . . . . . . . . 75
Sections 144 and 145 Reserved . . . . . . . . . . . . . . . . . . . . . 75
ARTICLE X
PERMISSIBLE USES
Section
146
Table of Permissible Uses ..
76
Section
147
Use of the Designations Z, S,Cin Table of�Permissible�Uses
76
Section
148
Board of Adjustment Jurisdiction Over Uses Otherwise
Permissible With a Zoning Permit . . . . . . .
76
Section
149
. . . . . .
Permissible Uses and Specific Exclusions . .
77
Section
150
. . . . . . .
Accessory Uses . . . . . .
77
Section
151
Permissible Uses Not Requiring Permits . . . . .
78
Section
152
. . . . . .
Change in Use . . . . . . . * * * . . .
79
Section
153
. .
Reserved .. . . . . . , , ,
80
Section
154
. . . .
Combination�
Use ,
80
Section
155
More Specific UseControls
80
Sections
156
and 157 Reserved . . . . . . . . . . . . . . . . . . . .
81
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iv

ARTICLE XI
SUPPLEMENTARY USE REGULATIONS
Section 158 Planned Residential Developments . .
Section 159 Manufactured Home Parks - -' '
Section 160 Automobile Service Stations/Gas Sales Operations . • • •
Section 161 Temporary Uses • • ' ' '
Section 162 Bed and Breakfast Establishments . ' ' . . . ' ' ' ' '
Section 163 Special Services Homes . . ' . . . . . ' . ' * ' '
Section 164 Day Care Centers . . . ' . . ' ' ' ' . ' ' '
Section 165 Cemeteries . ' . '
Section 166 Industrial Use 'Limitations �By SIC CoW Designation'
Section 167 Airport Hazard Overlay District Requirements . '
Section 168 Historic Overlay District Requirements ' '
Section 169 Multi -Family Residences ' ' . ' ' '
Section 170 Institutional Care Facilities ' ' . . . . ' ' . '
. ' ' ' ' ' ' ' ' ' ' ' .
Section 171 Golf Courses ' ' '
Section 172 Sanitary Landfill orIncinerator' . . . ' . . ' . . . '
Section 173 Chemical and Hazardous Material Storage/Treatment . . ' '
Section 174 Bulk Petroleum Plants and LP Gas and Storage ' * '
Section 175 Marina . . . . ' ' . ' ' ' . ' ' ' ' ' '
Section 176 Waterfront Subdivisions ' '
Section 177 Public Water Access '
Section 178 .Compliance with State Guidelines'fW Areas'of Environmental
Concern . . . .
Section 179 Walls and Fences . . ' . . . . . ' . ' ' ' ' ' ' ' ' ' ' .
Section 180 Satellite Dish Antenna' ' . . . ' . . . ' . ' ' ' ' ' ' '
Section 180.1 Manufactured Homes Sales• . . . . . . . . . . . . . . . .
ARTICLE XII
DENSITY AND. DIMENSIONAL REGULATIONS
Section 181 Minimum Lot Size
Section 182 Residential Density . . . , , ' . ' ' ' ' ' ' ' ' ' ' ' '
Section 183 Minimum Lot Widths ' . . ' ' ' ' ' ' ' ' '
Section 184 Building Setback Requirements' . . . , . , . , . . ' . . '
'Section 185 Accessory Building Setback Requirements/Maximum • Lot.
Coverage.
Section 186 Building Height Limitations
Section 187 Cluster Subdivisions. . ' '
Section 188 Architecturally Integrated Subdivisions ' . ' . . ' .
Section 189 Density on Lots Where Portion Dedicated to Town '
Sections 190 through 195 Reserved . . . . . . . , , , ,
ARTICLE XIII
RECREATIONAL FACILITIES AND OPEN SPACE
93
93
94
94
94
95
95
96
96
97
98
102
102
102
103
103
103
104
104
105
105
105
105
106
107
107
108
109
111
111
112
113
113
114
Section
196
Miniparks Required . .
115
Section
197
Miniparks: Purpose and Standards . ' . . . . .
' '
.
' 11
Section
198
•
Usable Open Space .
p
• •
116
Section
199
Ownership and Maintenance of Recreational Areas and '
Required Open Space . . . . . . .
117
Section
200
Dedication of Open Space . . . . . . . . .- . . . . . .
. . 117
0

Section 201 Payments in Lieu of Dedication
Section 202 Procedure for Requesting Payment in LiW of Dedication* '
• of Land ..........................
Section 203 Homeowners Associations .
Section 204 Flexibility in Administration Authorized'
Section 205 Authority to Sell . . . . . . * * ' ' * '
Section 206 Land Acceptance . . . . . . . . . . ' ' * ' * '
Sections 207 through 209 Reserved . . . . . . , , , ' * : ' .
ARTICLE XIV
STREETS AND SIDEWALKS
Section 210 Street Classification
Section 211 Access to Lots ' . . ' . . ' . ' ' ' ' ' ' ' . '
Section 212 Access to Arterial Streets . . . ' . . ' . . ' . . ' . .
Section 213 Entrances to Streets . ' . ' . . . . ' . . . ' ' '
Section 214 Coordination with Surrounding Streets . ' . ' . . ' . . .
Section 215 Relationship of Streets to Topography . . . . ' . . . ' '
Section 216 Street Width, Sidewalk, and Drainage Requirements in
Subdivisions . .
Section 217 General Layout of'Streets'
Section 218 Street Intersections . . . ' ' ' ' '
Section 219 Construction Standards and Specifications' . . ' . . ' ' .
Section 220 Private Streets and Private Roads in Subdivisions . . . '
Section 221 Road and Sidewalk Requirements in Unsubdivided Developments'
Section 222 Attention to Handicapped in Street and Sidewalk Construction
Section 223 Street Names and House Numbers .
Section 224 Bridges . . . . . . . . . ' . . . . ' ' . . . ' . '
Section 225 Utilities '
Section 226 Cost of Street and Sidewalk*Improvements '
Section 227 Street Name and Traffic Signs. . . . . ' . ' ' ' . . . '
Sections 228 through 235 Reserved . . . . . . . . . . . . . . . . . . . .
ARTICLE XV
UTILITIES
Section 236 Utility Ownership and Easement Rights . . .
Section 237 Lots Served by Governmentally Owned Water or Sewer Lines
Section 238 Sewage Disposal Facilities Required
Section 239 Determining Compliance With Section 238. . . ' ' . . .
Section 240 Water Supply System Required .. . . ' . . '
Section 241 Determining Compliance with Section240' . . . . . ' .
Section 242 Lighting Requirements . . . . . . . ' ' . .
Section 243 Excessive Illumination . . . ' . ' .
Section 244 Electric Power ' ' . . . ' . ' ' ' ' ' ' ' ' '
Section 245 Telephone Service . . . . . . . ' . ' . . ' . . ' ' '
Section 246 Underground Utilities . ' . . . . . . ' ' .
Section 247 Utilities To Be Consistent With Internal and External
Development .
Section 248 As -Built Drawings Required . ' . '
Section 249 Fire Hydrants * ' ' ' * ' ' ' ' '
Section 250 Sites for and Screening*of Oumpsters .* .* .* * .* ' .* '
Section 250.1 Sites for and Screening of Recycling Collection Boxes
vi
117
118
118
119
119
119
119
120
121
121
121
122
122
123
124
125
125
125
127
128
128
129
129
129
129
129
130
130
130
131
133
133
136
137
137
137
138
. 138
. 138
138
139
. 140

ARTICLE XVI
FLOOD HAZARD AREAS, DRAINAGE, STORM WATER MANAGEMENT
Part I. Flood Hazard Areas
Section
251
Definitions . .
141
Section
252
Artificial Obstructions*Within Floodways Prohibited. . . . .
144
Section
253
Permissible Uses Within Floodways ..
145
Section
254
Construction Within Areas of Special Flood Hazard Restricted
146
Section
255
Special Provisions for Subdivisions ..
149
Section
256
Water Supply and Sanitary Sewer Systems in Areas of
Special Flood Hazard .
150
Section
257
Additional Duties of Administrator Related to Flood
Insurance and Flood Control ..
150
Section
258
Floor Elevation or Flood -proofing Certification Required .
151
Section
259
Location of Boundaries of Areas of Special Flood Hazard .
151
Section
260
Amendments to the Official Flood Hazard Zoning, Flood Hazard
Boundary Map, Variance Procedures .
152
Section
261
Regulations Do Not Guarantee Flood Protection*
154
Section
262
Setbacks from Streams Outside Designated Areas of�
Special Flood Hazard . . . . . . . . . . . . . . . . . . . .
154
Part II. Drainage, Erosion Control, Storm Water Management
Section
263
Natural Drainage System Utilized to Extent Feasible
155
• Section
Section
264
265
Developments Must Drain Properly . . . . . . . . . . . .
Storm Water Management
. . 155
�Control*
155
Section
266
Sedimentation and Erosion
156
Sections
267
through 269 Reserved . . . . . . . . . . . . . . . . . .
. . 157
ARTICLE XVII
SIGNS
Section
270
Purpose/Definitions . . . . . .
. ' ' .* * *
158
Section
271
Permit Required for Signs . . . : . . . . . . . . * '
.
159
Section
272
Signs Excluded From Regulation .
. . . .
160
Section
273
. .
Certain Temporary Signs: Permit Exemptions and Additional
Regulations .. . . . . . . . . . . . .
161
Section
274
. .
Determining theNumber of*Signs . . . . . . .
162
Section
275
Computation of Sign Area . . . . . . . . . . . . .
162
Section
276
. . .
Signs in Residential Districts . .. . . .
163
Section
277
. .
Signs in MA and OS Districts . . . . . . . . . . . . . . .
163
Section
278
.
Signs in CO Districts . . . . . . . . . . . . . . .
163
Section
279
. .
Signs in CN Districts
163
Section
280
Signs in CH Districts Within 1,000 Feet*of U.S.*Highway�17
164
Section
281
Signs in CH Districts Not Within 1,000 Feet of
U.S. Highway 17 . . . . . .
164
Section
282
Shopping Center Signs . . . . . . . . . . . . . . . . . . .
165
Section
283
Signs in IW Districts ..
165
Section
284
Subdivision and Multi -Family Development Entrance Signs
165
vii

Section 285
Location Requirements. .. . .
165
Section 286
. . .
Sign Illumination and Signs Containing Lights
165
•
Section 287
Section 288
. .
Miscellaneous Restrictions and Prohibitions. . . . . . . .
Nonconforming
166
Signs . . . . . .
167
Section 289
.
Discontinued Signs . . . . . . . . . . . . .
167
ARTICLE XYIII
PARKING
Section 290
Definitions '
168
Section 291
Number of Parking Required
168
Section 292
Flexibility in Administration Required . . . . .
173
Section 293
. . . .
Parking Space Dimensions .
113
Section 294
Required Widths of Parking Area Aisles and Driveways . . .
174
Section 295
.
General Design Requirements . . . . . .
174
Section 296
Vehicle Accommodation Area Surfaces . . .
175
Section 297
Joint Use of Required Parking Spaces . . . . .
175
Section 298
Satellite Parking ..
116
Section 299
Special Provisions For Lots With ExistingBuildings* . . .
176
Section 300
Loading and Unloading Areas . . . . .
. .
177
Section 301
. . . . .
Parking Area Landscaping .
178
Section 302
Landscaping of Preexisting Vehicle Parking Areas . . . . . .
178
Section 303
.
Reserved . . . . . . . . . . . . . . . . . . . . . . . . . .
179
ARTICLE XIX
•
SCREENING AND TREES
Part I. Screening
Section 304
Council Findings Concerning the Need for Screening
Requirements . .
180
Section 305
. . . . . .
General Screening*Standard
180
Section 306
Compliance With Screening Standard
180
Section 307
Descriptions of Screens . . . . . . :
181
Section 308
Table of Screening Requirements.
182
Section 309
Flexibility in Administration Required . . . . .
184
Section 310
Combination Uses . . . .
184
Section 311
.
Subdivisions . . . .
185
Section 312
. *
Maintenance of Landscaping Materials . .
185
Section 313
Width of Screened Areas and Vegetation Adjacent to Walls and
Fences. . . . . . . . . . . . . . . . . . . . . . . . . . ..
185
Part II. Shading
Section 314
Section 315
Council Findings and Declaration of Policy on Shade Trees
Required Trees Along Dedicated Streets
185
Section 316
Retention and Protection of Large Trees . . . . . . . . . .
.
186
186
Section 317
. . . .
Shade Trees in Parking Areas , ,
�Screening �Standards.
187
Section 318
, , ,
Compliance with Landscaping and
187
viii

PART III. Supplemental Standards -Applicable to All Landscaped Areas
• Section 319 Irrigation . . . . . . . . . . . . . . . . . . . . . 188
Section 319.01 Revegetation.� . . , , , 188
Section 319.02 Preservation of Existing Vegetation. . . . 188
Section 319.03 Specificity of Plans. . . . . . . . . . . 188
ARTICLE XX
AMENDMENTS
Section
320
Amendments in General . . . . . . . . . . . . . . .
189
Section
321
Initiation of Amendments . .
,
189
Section
322
.
Planning Board Consideration of Proposed Amendments
.
190
Section
323
.
Hearing Required; Notice . . . . . . .
. .
190
Section
324
.
Council Action on Amendments . . . . . . . . . .
. .
191
Section
325
.
Ultimate Issue Before Council on Amendments .
. .
192
Section
326
Protests to Zoning District Changes . . . . . . . . .
.
192
Section
327
.
Conditional Use District Rezonings . . . . . . . . . . .
. .
. . 193
ix

0
ARTICLE I
GENERAL PROVISIONS
Section 1 Short Title/Purpose.
This chapter shall be known and may be cited as the Edenton Land Development
Ordinance. This ordinance is designed to serve as a land development regulatory
document which combines traditional zoning provisions, subdivision regulations,
flood damage prevention regulations, and street and utility standards. The
principal objectives of the Edenton Land Development Ordinance are to (i) assist
in the implementation of the town's land development plan, (ii) provide a
flexible means to administer land development regulations, and (iii) expedite
the land development permit review process.
Section 2 Authority.
(a) This chapter is adopted pursuant to the authority contained in Article
19, Chapter 160A; Article 4, Chapter 113A; and Article 21, Chapter 143 of the
North Carolina General Statutes.
(b) Whenever any provision of this chapter
of the North Carolina General Statutes and that
superseded, the chapter shall be deemed amended to
or the section that most nearly corresponds to th
Section 3 Jurisdiction.
e
refers to or cites a section
section is later amended or
refer to the amended section
superseded section.
(a) 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 Town Council on November 14, 1989, entitled an "Ordinance
Establishing Extraterritorial Jurisdiction," which ordinance is recorded in
book , page of the Chowan County Registry. Such planning jurisdiction
may be modified from time to time in accordance with Section 160A-360 of the
North Carolina General Statutes.
(b) In addition to other locations required
the boundaries of the town's planning jurisdictio
inspection in the Zoning Administrator's office.
Section 4 Effective Date.
n
by law, a copy of a map showing
shall be available for public
The provisions in this chapter were originally adopted and became effective
on May 27, 1969.

To the extent that the provisions of this chapter are the same in substance
as the previously adopted provisions that they replace in --the town's zoning,
subdivision, or flood control ordinances, they shall be considered as
continuations thereof and not as new enactments unless otherwise specifically
provided. In particular, a situation that did not constitute a lawful,
nonconforming situation under the previously adopted zoning ordinance does not
achieve lawful nonconforming status under this chapter merely by the repeal of
the zoning ordinance.
Section 6 Relationship to Land Use Plan.
It is the intention of the Council that this chapter implement the planning
policies adopted by the Council for the town and its extraterritorial planning
area, as reflected in the land use plan and other planning documents. While the
Council reaffirms its commitment that this chapter and any amendment to it be
in conformity with adopted planning policies, the Council 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.
• (a) Subject to Article VIII of this chapter (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.
(b) 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.
Section 8 Fees.
(a) 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 Council filed in the
office of the Town Clerk.
(b) Fees established in accordance with subsection (a) shall be paid upon
submission of a signed application or notice of appeal.

Section 9 Severability.
• It is hereby declared to be the intention of the Council 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 phrases
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.
Section 10 Computation of Time.
.(a) 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.
(b) 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.
• Section 11 Miscellaneous.
(a) As used in this ordinance, words importing the masculine gender include
the feminine and neuter.
(b) Words used in the singular in this ordinance include the plural and
words used in the plural include the singular.
Sections 12 and 14 Reserved.
•

ARTICLE I1
•
BASIC DEFINITIONS AND INTERPRETATIONS
Section 15 Definitions of Basic Terms
Unless
otherwise specifically provided, or unless clearly required by the
context,
indicated
the words and phrases defined in this section shall have the meaning
when used in this chapter.
(1)
Accessory Use. (See Section 150)
(2)
Administrator. (See Section 37)
(3)
Antenna. Equipment designed to transmit or receive electronic
signals.
(4)
Base Flood. The flood having a one percent chance of being equalled
or exceeded in any given year. Also known as the 100-year flood.
(5)
Bed and Breakfast. A dwelling in which sleeping and/or eating
accommodations are provided or offered to transient visitors for
compensation.
(6)
Boarding House. A residential use consisting of at least one
dwelling unit together with more than two rooms that are rented out
•
or are designed or intended to be rented but which rooms,
individually or collectively, do not constitute separate dwelling
units. A rooming house or boarding house is distinguished from a
tourist home in that the former is designed to be occupied by longer
term residents (at least month -to -month tenants) as opposed to
overnight or weekly guests.
(7)
Buffer. A strip of land which is established to separate one type
of land use from another type of land use and which contains natural
or planted vegetation, berms, walls, or fences in accordance with
the provisions of Section 301 and Section 307.
(8)
Building. A structure designed to be used as a place of occupancy,
storage or shelter.
(9)
Building, Accessory. A minor building that is located on the same
lot
as a principal building and that is used incidentally to a
principal building or that houses an accessory use.
(10)
Building Permit. A permit issued by the town's designated building
official that authorizes the recipient to construct or demolish a
structure or to make alterations to a structure.
(11)
Building, Principal. The primary building on**a lot or a building
that houses a principal use.
4

(12) Certify. Whenever this chapter requires that some agency certify
the existence of some fact or circumstance to the town, the town may
• require that such certification be made in any manner that provides
reasonable assurance of the accuracy of the certification. By way
of illustration, and without limiting the foregoing, the town may
accept certification by telephone from some agency when the
circumstances warrant it, or the town may require that the
certification be in the form of a letter or other document.
(13) Chemical and Hazardous Material Storage and Treatment Facility. A
building, structure or use of land devoted, or intended to be
devoted, primarily to changing by any method, technique or process,
including incineration or neutralization, the physical, chemical,
or biological character of any hazardous material regulated by the
Federal Resource Conservation and Recovery Act of 1976, as amended
(42 U.S.C. Sect. 6901 et sea.), and the North Carolina Solid Waste
Management Act, as amended (Article 13B., G.S. 130-166.16), so as
to neutralize such material or render it non -hazardous, safer for
transport, amenable for recovery, amenable for storage or reduced
in bulk. Such a use may also contain temporary storage facilities
normally associated with these operations and of sufficient size to
conduct a commercially feasible operation. However, under no
circumstances is a hazardous materials treatment facility to be
construed to be any of the following:
(a) A facility which manufactures hazardous materials from
component non -hazardous materials;
• (b) A facility or location for the long-term or perpetual storage
of hazardous materials; or
40
(c) A facility for the treatment of hazardous materials which is
clearly subordinate, incidental and related to the principal
structure, building or use of land and is located on the same
lot as the principal structure, building or use.
See Section 173 for specific provisions related to chemical and
hazardous material storage and treatment facilities.
(14) Child Care Home. A home for not more than nine orphaned, abandoned,
dependent, abused, or neglected children, together with not more than
two adults who supervise such children, all of whom live together
as a single housekeeping unit.
(15) Child Care Institution. An institutional facility housing more than
nine orphaned, abandoned, dependent, abused, or neglected children.
(16) Circulation Area. That portion of the vehicle accommodation area
used for access to parking or loading areas or other facilities on
the lot. Essentially, driveways and other maneuvering areas (other
than parking aisles) comprise the circulation area.
5

(17)
Clubs and Lodges An incorporated or unincorporated association for
civic, -social, cultural, fraternal, literary, political, recreational
•
or like activities, operated on a non-profit basis for the benefit
of its members.
(18)
Combination Use. A use consisting of a combination on one lot of
two or more principal uses separately listed in the Table of
Permissible Uses, Section 146. (Under some circumstances, a second
principal use may be regarded as accessory to the first, and thus
a combination use is not established. See Section 150. In addition,
when two or more separately owned or separately operated enterprises
occupy the same lot, and all such enterprises fall within the same
principal use classification, this shall not constitute a combination
use.)
(19)
Conditional Use Permit. A permit issued by the Town Council that
authorizes the recipient to make use of property in accordance with
the requirements of this chapter as well as any additional
requirements imposed by the Council.
(20)
Convenience Store. A one story, retail store containing less than
2000 square feet of gross floor area that is designed and stocked
to sell primarily food, beverages, and other household supplies to
customers who purchase only a relatively few items (in contrast to
"supermarket").
a It is designed to attract and depends upon a large
volume of "stop and go" traffic. " Illustrative examples of
convenience stores are those operated by the "Fast Fare," "7-11" and
"Pantry"
•
chains.
(21)
Council. The Town Council of the Town of Edenton.
(22)
Day Care Center. A child day care facility as defined in G.S. 110-86
as well as a center providing day care on a regular basis for more
than two hours per day for more than five adults. See Section 164
for specific provisions related to day care centers.
(23)
Developer. A person who is responsible for any undertaking that
requires a zoning permit, special use permit, conditional use permit,
or sign permit.
(24) Development: That which is to be done pursuant to a zoning permit,
special use permit, conditional use permit, or sign permit.
(25) 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.
(26) Draina4eway. Any perennial stream, watercourse, channel, ditch or
similar physiographic feature draining water from the land.
[,

(27) Driveway. That portion of the vehicle accommodation area that
consists of a travel lane bounded on either side by an area that is
• not part of the vehicle accommodation area.
(28) Duplex. See Residence, Duplex. -
(29) Dwelling Unit. ' An enclosure containing sleeping, kitchen, and
bathroom facilities designed for and used or held ready for use as
a permanent residence by one family.
(30) Expenditure. A sum of money paid out in return for some benefit or
to fulfill some obligation. The term also includes binding
contractual commitments to make future expenditures, as well as any
other substantial changes in position.
(31) Extraterritorial Planning Area. That portion of the town's planning
jurisdiction that lies outside the corporate limits of the town.
(32) Family. One or more persons living together as a single housekeeping
unit.
(33) Floodplain. Any land area susceptible to be inundated by water from
the base flood. As used in this chapter, the term refers to that
area designated as subject to flooding from the base flood (one
hundred year flood) on the "Flood Boundary and Floodway Map" prepared
by the U.S. Department of Housing and Urban Development, a copy of
which is on file in the planning department.
(34) Floodway. The channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface
elevation more than one foot. As used in this chapter, the term
refers to that area designated as a floodway on the "Flood Boundary
and Floodway Map" prepared by the U.S. Department of Housing and
Urban Development, a copy of which is on file in the planning
department.
(35) Floor. The top surface of an enclosed area in a building (including
basement), i.e. top of slab in concrete slab construction or top of
wood flooring in a frame construction. The term does not include the
floor of a garage used solely for parking vehicles.
(36) Gross Floor Area. The total area of a building measured by taking
the outside dimensions of the building at each floor level intended
for occupancy or storage.
(37) Halfway House. A home for not more than nine persons who have
demonstrated a tendency toward alcoholism, drug abuse, mental illness
(as defined in G.S. 35-.17(30)), or antisocial or criminal conduct,
together with not more than two persons providing supervision and
other services to such persons, all of whom live together as a single
housekeeping unit.

(38)
Handicapped or Infirm Home. A -residence within a single dwelling
unit for at least six but not more than nine persons who are
physically or mentally handicapped or infirm, together with not more
than two persons providing care or assistance to such persons, all
living together as a single housekeeping unit. -Persons residing in
such homes, including the aged and disabled, principally need
residential care rather than medical treatment.
(39)
Handicapped or Infirm Institution. An institutional facility housing
and providing care or assistance for more than nine persons who are
physically or mentally handicapped or infirm. Persons residing in
such homes, including the aged or disabled, principally need
residential care rather than medical treatment.
(40)
High Volume Traffic Generation. All uses in the 2.000 classification
other than low volume traffic generation uses.
(41)
Highest Adjacent Grade. The highest natural elevation of the ground
surface, prior to construction, next to proposed walls of the
structure.
(42) Home Occupation. A commercial activity that: (i) is conducted by
a person on the same lot (in a residential district) where such
person resides, and (ii) is not so insubstantial or incidental or
is not so commonly associated with the residential use as to be
regarded as an accessory use (see Section 150), but that can be
conducted without any significantly adverse impact on the surrounding
neighborhood.
• Without limiting the generality of the foregoing, a use maynot be
regarded as having an insignificantly adverse impact on the
surrounding neighborhood if: (i) goods, stock in trade, or other
commodities are displayed, (ii) any on -premises retail sales occur,
( i i i ) more than one person not a resident on the premises is employed
in connection with the purported home occupation, (iv) it creates
objectionable noise, fumes, odor, dust or electrical interference,
or (v) more than twenty-five percent of the total gross floor area
of residential buildings plus other buildings housing the purported
home occupation, or more than 500 square feet of gross floor area
(whichever is less), is used for home occupation purposes.
The following is a non -exhaustive list of examples of enterprises
that may be home occupations if they meet the foregoing definitional
criteria: (i) the office or studio of a physician,. dentist, artist,
musician, lawyer, architect, engineer, teacher, or similar
professional, (ii) workshops, greenhouses, or kilns, (iii)
dressmaking or hairdressing studios.
(43) Intermediate Care Home. A facility maintained for the purpose of
providing accommodations for not more than seven occupants needing
medical care and supervision at a lower level than that provided in
a nursing care institution but at a higher level than that provided
in institutions for the handicapped or infirm.
n

(44) Intermediate Care Institutron. *An institutional facility maintained
for the purpose of providing accommodations for more than seven
• persons needing medical care and supervision at a lower level than
that provided in a nursing care institution but at a higher level
than that provided in institutions for the handicapped or infirm.
(45) Kennel. A commercial operation that: (i) provides food and shelter
and care of animals for purposes not primarily related to medical
care (a kennel may or may not be run by or associated with a
veterinarian), or (ii) engages in the breeding of animals for sale.
(46) Loading and Unloading Area. That portion of the vehicle
accommodation area used to satisfy the requirements of Section 300.
(47) Lam. A parcel of 1 and whose boundaries have been establ i shed by some
legal instrument such as a recorded deed or a recorded map and which
is recognized as a separate legal entity for purposes of transfer
of title.
If a public body or any authority with the power of eminent domain
condemns, purchases, or otherwise obtains fee simple title to or a
lesser interest in a strip of land cutting across a parcel of land
otherwise characterized as a lot by this definition, or a private
road is created across a parcel of land otherwise characterized as
a lot by this definition, and the interest thus obtained or the road
so created is such as effectively to prevent the use of this parcel
as one lot, then the land on either side of this strip shall
• constitute a separate lot.
Subject to Section 123, the permit -issuing authority and the owner
of two or more contiguous lots may agree to regard the lots as one
lot if necessary or convenient to comply with any of the requirements
of this ordinance.
n
LJ
(48) Lot Area. The total area circumscribed by the boundaries of -a lot,
except that: (i) when the legal instrument creating a lot shows the
boundary of the lot extending into a public street right-of-way, then
the lot boundary for purposes of computing the lot area shall be the
street right-of-way line, or if the right-of-way line cannot be
determined, a line running parallel to and thirty feet from the
center of the travelled portion of the street, and (ii) in a
residential district, when a private road that serves more than three
dwelling units is located along any lot boundary, then the lot
boundary for purposes of computing the lot area shall be the inside
boundary of the travelled portion of that road.
(49) Low Volume Traffic Generation. Uses such as furniture stores, carpet
stores, major appliance stores, etc. that sell items that are large
and bulky, that need a relatively large amount of storage or display
area for each unit offered for sale, and that therefore generate less
customer traffic per square foot of floor space —than stores selling
smaller items.
0

(50) Manufactured Home. A dwelling unit that is composed of one or more
components, each of which was substantially assembled in a
• manufacturing plant and designed for installation or assembly and
installation on the building site.
(51) Manufactured Home Class A. A dwelling unit constructed with one
or more components which are prefabricated and hauled to the site
that are capable of producing a dwelling which is indistinguishable
from conventionally built homes and which meets the construction
requirements of the North Carolina Uniform Residential Building Code
as amended.
(52) Manufactured Home. Class B. A dwelling unit that:
(i) is not constructed in accordance with the requirements of the
North Carolina Uniform Residential Building Code as amended, and (ii)
is composed of two or more components, each of which was
substantially assembled in a manufacturing plant and designed to be
transported to the home site, and (iii) meets or exceeds the
construction standards of the U.S. Department of Housing and Urban
Development, and (iv) conforms to the following appearance criteria.
(a) The manufactured home has a minimum width, as assembled on the
site, of twenty feet;
(b) The pitch of the manufactured home's roof has a minimum
vertical rise of three inches for each 12 inches of horizontal
• run and the roof is finished with asphalt or fiberglass
shingles;
(c) The exterior siding of the manufactured home is of a color,
material, and scale comparable with those in the immediate
vicinity, and in no case does the degree of reflectivity of
the exterior finish exceed that of a gloss white paint;
(d) A continuous, permanent masonry curtain wall, unpierced except
for required ventilation and access, is installed under the
manufactured home; and
(e) The tongue, axles, transporting lights, and removable towing
apparatus are removed after placement on the lot and before
occupancy.
(53) Manufactured Home Class C. Any manufactured home that does not meet
the definitional criteria of a class A or class B manufactured home
but which, at a minimum, exceeds 32 feet in length and 8 feet in
width.
(54) Manufactured Home Park. A residential use in which more than one
Class C manufactured home is located on a single lot. See Section
159 for specific provisions related to manufactured home parks.
10

(55)
Marina. A publicly or privately owned dock, basin, or boat storage
facility built to accommodate more than 10 boats and to provide
permanent or temporary docking space, dry stack storage, haul -out
facilities, and repair services. A marina may also include related
accessory services such as food preparation, food -sales, fuel sales,
etc.
(56)
Modular Home. See Manufactured Home, Class A.
(57)
Nonconforming Lot. A lot existing at the effective date of this
chapter (and not created for the purposes of evading the restrictions
of this chapter) that does not meet the minimum area requirement of
the district in which the lot is located.
(58)
Nonconforming Project. Any structure, development, or undertaking
that is incomplete at the effective date of this chapter and would
be inconsistent with any regulation applicable to the district in
which it is located if completed as proposed or planned.
(59)
Nonconforming Situation. A situation that occurs when, on the
effective date of this chapter, any 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 exceed maximum height limitations,
because the relationship between existing buildings and the land (in
•
such matters as density and set -back requirements) is not in
conformity
with this chapter, because signs do not meet the
requirements of this chapter (Article XVII), or because land or
buildings are used for purposes made unlawful by this chapter.
(60)
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 operating a bakery in a
residentially zoned area constitutes a nonconforming use.)
(61)
Nursing Care Home. A facility maintained for the purpose of
providing skilled nursing care and medical supervision at a lower
level than that available in a hospital to not more than nine
persons.
(62)
Nursing Care Institution. An institutional facility maintained for
the purpose of providing skilled nursing care and medical supervision
at a lower level than that available in a hospital to more than nine
persons.
(63)
Parking Area Aisles. A portion of the vehicle accommodation area
consisting of lanes providing access to parking spaces.
11

(64) Parking Space. A portion of the -vehicle accommodation area set aside
for the parking of one vehicle.
(65) Person. An individual, trustee, executor, other fiduciary,
corporation, firm, partnership, association, organization, or other
entity acting as a unit.
(66) Planned Residential Development. A development constructed on a
tract of at least five acres under single ownership, planned and
developed as an integral unit, and consisting of single-family
detached residences combined with either two-family residences or
multifamily residences, or both, all developed in accordance with
Section 158.
(67) Planning Jurisdiction. The area within the town limits as well as
the area beyond the town limits within which the town is authorized
to plan for and regulate development, as set forth in Section 3.
(68) Public Water Supply System. Any water supply system furnishing
potable water to ten or more dwelling units or businesses or any
combination thereof.
(69) Residence. Apartments Accessory to a Commercial Use One to three
multi -family dwellings located within a commercial establishment.
(70) Residence. Duplex. A two-family residential use in which the
dwelling units share a common wall (including without limitation the
• wall of an attached garage or porch) and in which each dwelling unit
has living space on the ground floor and a separate, ground floor
entrance.
is
(71) Residence. Multi -Family. A residential use consisting of a building
containing three or more dwelling units. For purposes of this
definition, a building includes all dwelling units that are enclosed
within that building or attached to it by a common floor -or wall
(even the wall of an attached garage or porch).
(72) Residence. Multi -Family Apartments. .A multi -family residential use
other than a multi -family conversion or multi -family townhome.
(73) Residence. Multi -Family Conversion. A multi -family residence
containing not more than four dwelling units and results from the
conversion of a single building containing at least 2000 square feet
of gross floor area that was in existence on the effective date of
this provision and that was originally designed, constructed and
occupied as a single-family residence.
(74) Residence. Multi -Family Townhomes. A multi -family residential use
in which each dwelling unit shares a common wall (including without
limitation the wall of an attached garage or porch) with at least
one other dwelling unit and in which each dweTling unit has living
space on the ground floor and a separate, ground floor entrance.
12

(75) Residence. Primary with Accessory Apartment. A residential use
having.the external appearance of a single-family residence but in
• which there is located a second dwelling unit that comprises not more
than twenty-five percent of the gross floor area of the building nor
more than a total of 750 square feet. --
(76) Residence. Single -Family Attached. A residential use consisting of
dwelling units attached side -by -side and sharing common walls.
(77) Residence. Single -Family Detached More Than One Dwelling Per Lot.
A residential use consisting of two or more single- family detached
dwelling units on a single lot.
(78) Residence. Single -Family Detached One Dwelling Unit Per Lot. A
residential use consisting of a single detached building containing
one dwelling unit and located on a lot containing no other dwelling
units.
(79) Residence. Two -Family. A residential use consisting of a building
containing two dwelling units. If two dwelling units share a common
wall, even the wall of an attached garage or porch, the dwelling
units shall be considered to be located in one building.
(80) Residence. Two -Family Apartment. A two-family residential use other
than a duplex, two-family conversion, or primary residence with
accessory apartment.
• (81) Residence. Two -Family Conversion. A two-family residence resulting
from the conversion of a single building containing at least 2000
square feet of gross floor area that was in existence on the
effective date of this provision and that was originally designed,
constructed and occupied as a single-family residence.
(82) Road. All private ways used to provide motor vehicle access to (i)
two or more lots or (ii) two or more distinct areas or buildings in
unsubdivided developments.
(83) Rooming House. (See Boarding House)
(84) Shopping Center. A group of commercial establishments planned,
developed, and managed as a unit with a unified design of buildings
and with coordinated parking and service areas.
(85) Sign. Any device that (i) is sufficiently visible to persons not
located on the lot where such device is located to accomplish either
of the objectives set forth in subdivision two of this definition;
and (ii) is designed to attract the attention of such persons or to
communicate information to them.
13

(86) Sian. Freestanding. A sign that is attached to, erected on, or
supported by some structure (such as a pole, mast, frame, or other
• structure) that is not itself an integral part of or attached to a
building or other structure having a principal function other than
the support of a sign. A sign that stands —without supporting
elements, such as a "sandwich sign," is also a freestanding sign.
(87) Sign, Nonconforming. A sign that, on the effective date of this
chapter, does not conform to one or more of the regulations set forth
in this chapter, particularly Article XVII, Signs.
(88) Sign, Off -Premises. A sign that draws attention to or communicates
information about a business, service, commodity, accommodation,
attraction, or other activity that is conducted, sold or offered at
a location other than the premises on which the sign is located.
(89) Sign Permit. A permit issued by the land use administrator that
authorizes the recipient to erect, move, enlarge, or substantially
alter a sign.
(90) Sign. TemDorarv. A sign that (i) is used in connection with a
circumstance, situation, or event that is designed, intended or
expected to take place or to be completed within a reasonably short
or definite period after the erection of such sign, or (ii) is
intended to remain on the location where it is erected or placed for
a period of not more than fifteen days. If a sign display area is
permanent but the message displayed is subject to periodic changes,
that sign shall not be regarded as temporary.
(91) Special Events. Circuses, fairs, carnivals, festivals, or other
types of special events that (i) run for longer than one day but not
longer than two weeks, ( i i ) are intended to or likely to attract
substantial crowds, and (iii) are unlike the customary or usual
activities generally associated with the property where the special
event is to be located.
(92) Special Use Permit. A permit issued by the Board of Adjustment that
authorizes the recipient to make use of property in accordance with
the requirements of this chapter as well as any additional
requirements imposed by the Board of Adjustment.
(93) Street. A public street or a street with respect to which an offer
of dedication has been made.
(94) Street. Arterial. A major street in the towns street system that
serves as an avenue for the circulation of traffic onto, out, or
around the town and carries high volumes of traffic.
(95) Street. Collector. A street whose principal function is to carry
traffic between minor, local, and subcollector streets and arterial
streets but that may also provide direct —access. to abutting
properties. It serves or is designed to serve, directly or
indirectly, more than one hundred dwelling units and is designed to
• be used or is used to carry more than eight hundred trips per day.
14

(96) Street: Cul-de-sac. A street that terminates in a vehicular
• turn -around.
(97) Street. Local. A street whose sole function i-s to provide access
to abutting properties. It serves or is designed to serve at least
ten but not more than twenty-five dwelling units and is expected to
or does handle between seventy-five and two hundred trips per day.
(98)
Street. Marginal Access. A street that is parallel to and adjacent
to an arterial street and that is designed to provide access to
abutting properties so that these properties are somewhat sheltered
from the effects of the through traffic on the arterial street and
so that the flow of traffic on the arterial street is not impeded
by direct driveway access from a large number of abutting properties.
(99)
Street. Minor. A street whose sole function is to provide access
to abutting properties. It serves or is designed to serve not more
than
nine dwelling units and is expected to or does handle up to
seventy-five trips per day.
(100)
Street. Subcollector. A street whose principal function is to
provide access to abutting properties but is also designed to be used
or is used to connect minor and local streets with collector or
arterial streets. Including residences -indirectly served through
connecting streets, it serves or is designed to serve at least
twenty-six but not more than one hundred dwelling units and is
expected to or does handle between two hundred and eight hundred
trips per day.
(101)
Structure. Anything constructed or erected.
(102) Subdivision. The division of a tract of land into two or more lots,
building sites, or other divisions for the purpose of sale or
building development (whether immediate or future) and including all
divisions of land involving the dedication of a new street or a
change in existing streets; but the following shall not be included
within this definition nor be subject to the regulations of this
chapter applicable strictly to subdivisions: (i) 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 minimum standards set forth in this chapter,
(ii) the division of land into parcels greater than ten acres where
no street right-of-way dedication is involved; or (iii) the public
acquisition by purchase of strips of land for widening or opening
streets; or (iv) the division of a tract in single ownership whose
entire area is no greater than two acres into not more than three
lots, where no street right-of-way dedication is involved and where
the resultant lots are equal to or exceed the minimum standards set
forth in this chapter.
15

(103) Subdivision. Architecturally Integrated. A subdivision in which
approval is obtained not only for the division of land into lots but
also for a configuration of principal buildings to be located on such
lots. The plans for an architecturally integrated subdivision shall
show the dimensions, height and location of aW such buildings to
the extent necessary to comply with the purpose and intent of
architecturally integrated subdivisions as set forth in Section 188.
(104) Subdivision. Manor. Any subdivision other than a minor subdivision.
(105) Subdivision. Minor. A subdivision that does not involve any of the
following: (i) the creation of more than a total of three lots; (ii)
the creation of any new public streets, (iii) the extension of a
public water or sewer system, or (iv) the installation of drainage
improvements through one or more lots to serve one or more other
lots.
(106) Tower. Any structure whose principal function is to support an
antenna.
(107) Town. The Town of Edenton.
(108) Tract. A lot (see definition 47). The term tract is used
interchangeably with the term lot, particularly in the context of
subdivisions, where one "tract" is subdivided into several "lots."
(109) Travel Trailer. A structure that (i) is intended to be transported
• over the streets and highways (either as a motor vehicle or attached
to or hauled by a motor vehicle) and (ii) is designed for temporary
use as sleeping quarters but that does not satisfy one or more of
the definitional criteria of a manufactured home.
(110) Use. The activity or function that actually takes place or is
intended to take place on a lot.
(111) Use. Principal. A use listed in the Table of Permissible Uses.
(112) Utility Facilities. Any above -ground structures or facilities (other
- than buildings, unless such buildings are used as storage incidental
to the operation of such structures or facilities) owned by a
governmental entity, a nonprofit organization, corporation, or any
entity defined as a public utility for any purpose by G.S. 62.3 and
used in connection with the production, generation, transmission,
delivery, collection, or storage of water; sewage, -electricity, gas,
oil, electronic signals, or solid waste and recycling material.
Excepted from this definition are utility lines and supporting
structures listed in Subsection 151(2).
(113) Utility Facilities Community or Regional. All utility facilities
other than neighborhood facilities.
16

(114) Utility Facilities, Neighborhood. Utility facilities that are
designed to serve the immediately surrounding neighborhood and that
• must, for reasons associated with the purpose of the utility in
question, be located in or near the neighborhood where such
facilities are proposed to be located. --
(115) Variance. A grant of permission by the Board of Adjustment that
authorizes the recipient to do that which, according to the strict
letter of this chapter, he could not otherwise legally do.
(116) Vehicle Accommodation Area. That portion of a lot that is used by
vehicles for access, circulation, parking, and loading and unloading.
It comprises the total of circulation areas, loading and unloading
areas, and parking areas.
(117) Wholesale Sales. On -premises sales of goods primarily to customers
engaged in the business of reselling the goods.
(118) Wooded Area. An area of contiguous wooded vegetation where trees
are at a density of at least one six-inch or greater caliper tree
per 325 square feet of land and where the branches and leaves form
a contiguous canopy.
(119) Zoning Permit. A permit issued by the land use administrator that
authorizes the recipient to make use of property in accordance with
the requirements of this chapter.
Section 16 Lots Divided by District Lines.
(a) Whenever a single lot two acres or less in size is located within two
or more different zoning districts, the district regulations applicable to the
district within which the larger portion of the lot lies shall apply to the
entire lot.
(b) Whenever a single lot greater than two acres in size is located within
two or more different zoning districts, then:
(1) If each portion of the lot located within a separate district is
equal to or greater than the minimum lot size for that district,
then each portion of the lot shall be subject to all regulations
applicable to the district in which it is located.
(2) If any portion of the lot located within a separate district is
smaller than the minimum lot size for that district, then such
smaller portion shall be regarded as if it were in the same zoning
district as the nearest larger portion to which it is attached.
(c) This section applies only to lots created on or before the effective
date of this chapter unless the Board of Adjustment, in a proceeding under
Section 94 to determine district boundaries, concludes that a lot established
after the effective date of this section was not created to bring additional lot
• area within a more intensive zoning district, or otherwise to take unfair or
unwarranted advantage of the provisions of this section.'.
17

• Sections 17 through 20 Reserved.
n
�J
18

ARTICLE III
0 ADMINISTRATIVE NECHANISNS
Part I. Planning Board
Section 21 Appointment and Terms of Planning Board Members.
(a) There shall be a Planning Board consisting of five members. Four
members, appointed by the Town Council, shall reside within the town. One
member, appointed by the County Board of Commissioners, shall reside within the
town's extraterritorial planning area. If, despite good faith efforts, a
sufficient number of residents of the extraterritorial planning area cannot be
found to fill the seat reserved for residents of such area, then the County Board
of Commissioners may appoint other residents of the county (including residents
of the town) to fill these seats. If the County Board fails to make these
appointments within ninety days after receiving a resolution from the Town
Council requesting that they be made, the Council may make them..
(b) Planning Board members shall be appointed for three-year staggered
terms, but members may continue to serve until their successors have been
appointed. Vacancies may be filled for the unexpired terms only.
(c) Members may be appointed to successive terms without limitation.
(d) Planning Board members may be removed by the Council at any time for
failure to attend three consecutive meetings or for failure to attend thirty
• percent or more of the meetings within any twelve month period or for any other
good cause related to performance of duties. Upon request of the member proposed
for removal, the Council shall hold a hearing on the removal before it becomes
effective.
C
(e) If an in -town member moves outside the town or if an extraterritorial
area member moves outside the planning jurisdiction, that shall constitute a
resignation from the Planning Board, effective upon the date a replacement is
appointed by the Council.
Section 22 Meetings of the Planning Board.
(a) The Planning Board shall establish a regular meeting schedule and shall
meet frequently enough so that it can take action in conformity with Section 67
(Applications to be Processed Expeditiously).
(b) Since the board has only advisory authority, it need not conduct its
meetings strictly in accordance with the quasi-judicial procedures set forth in
Articles IV, V, and VI. However, it shall conduct its meetings so as to obtain
necessary information and to promote the full and free exchange of ideas.
(c) Minutes shall be kept of all board proceedings.—
19

(d) All board meetings shall be open to the public, and whenever feasible
the agenda for each board meeting shall be made available in advance of the
• meeting.
(e) Whenever the board is called upon to make recommendations concerning
a conditional use permit request, special use permit request, or a zoning
amendment proposal, the administrator shall provide the same public hearing
notice as required in Sections 54 and 323.
Section 23 0uorum and Voting.
(a) A quorum for the Planning Board shall consist of a majority of the
board membership (excluding vacant seats). A quorum is necessary for the board
to take official action.
(b) All actions of the Planning Board shall be taken by majority vote, a
quorum being present.
(c) A roll call vote shall be taken upon the request of any member.
(d) Extraterritorial planning area members may vote on all matters
considered by the board, regardless of whether the property affected lies within
or without the town.
Section 24 Planning Board Officers.
• (a) At its first meeting in June of each year, the Planning Board shall,
by majority vote of its membership (excluding vacant seats) elect one of its
members to serve as chairman and preside over the board's meetings and one member
to serve as vice-chairman. The persons so designated shall serve in these
capacities for terms of one year. A secretary shall be appointed by the chairman
of the board, either from within or outside of its membership, to hold office
during the term of the chairman and/or until a successor secretary shall have
been appointed. The duties of the secretary shall be as directed by the Board
in its by-laws. Vacancies in these offices may be filled for the unexpired terms
only by majority vote of the board membership (excluding vacant seats).
(b) The chairman, vice-chairman and secretary (if appointed from among the
membership) may take part in all deliberations and vote on all issues.
Section 25 Powers and Duties of Planning Board.
(a) The Planning Board may:
(1) Make studies and recommend to the Council plans, goals and
objectives relating to the growth, development and redevelopment
of the town and the surrounding extraterritorial planning area.
(2) Develop and recommend to the Council .policies, ordinances,
administrative procedures and other means for carrying out plans
• in a coordinated and efficient manner.
20

(3) Make recommendations to the Council concerning proposed
• conditional use permits and proposed zoning map changes, as
provided by Sections 57'and 322.
(4) Perform any other duties assigned by the Council.
(b) The Planning Board may adopt rules and regulations governing its
procedures and operations not inconsistent with the provisions of the chapter.
Section 26 Advisory Committees.
(a) From time to time, the Council may appoint one or more individuals to
assist the Planning Board to carry out its planning responsibilities with respect
to a particular subject area. By way of illustration, without limitation, the
Council may appoint advisory committees to consider the thoroughfare plan,
bikeway plans, housing plans, economic development plans, etc.
(b) Members of such advisory committees shall sit as nonvoting members of
the Planning Board when such issues are being considered and lend their talents,
energies, and expertise to the Planning Board. However, all formal
recommendations to the Council shall be made by the Planning Board.
(c) Nothing in this section shall prevent the Council from establishing
independent advisory groups, committees, or boards to make recommendations on
any issue directly to the Council.
• Sections 27 through 28 Reserved.
Part II. Board of Adjustment
Section 29_ Appointment and Terms of Board of Adjustment.
(a) There shall be a Board of Adjustment consisting of five regular members
and two alternates. Four regular members and one alternate, appointed by the
Council, shall reside within the town. One regular -member and one alternate,
appointed by the County Board of Commissioners, shall reside within the town's
extraterritorial planning area. If, despite good faith efforts, sufficient
numbers of residents of the extraterritorial planning area cannot be found to
fill the seats reserved for residents of such area, then the County Board of
Commissioners may appoint other residents of the county (including residents of
the town) to fill these seats. If the County Board of Commissioners fails to
make these appointments within ninety days after receiving a resolution from the
Council requesting that they be made, the Council may make them.
21

(b) Board of Adjustment regular members and alternates shall be appointed
for three-year staggered terms, but both regular members and alternates may
• continue to serve until their successors have been appointed. Initially, two
regular in -town members and one extraterritorial area alternate member shall be
appointed for three-year terms, one regular in -town member and one regular
extraterritorial area member shall be appointed for two-year terms, and one
regular in -town member and one in -town alternate shall be appointed for one-year
terms. Vacancies may be filled for the unexpired terms only.
(c) Members may be reappointed to successive terms without limitation.
(d) Regular Board of Adjustment members may be removed by the Council at
any time for failure to attend three consecutive meetings or for failure to
attend thirty percent or more of the meetings within any twelve month period or
for any other good cause related to performance of duties. Alternate members
may be removed for repeated failure to attend or participate in meetings when
requested to do so in accordance with regularly established procedures. Upon
request of the member proposed for removal, the Council shall hold a hearing on
the removal before it becomes effective.
(e) If a regular or alternate in -town member moves outside the town, or
if an extraterritorial area regular or alternate member moves outside the
planning jurisdiction, that shall constitute a resignation from the board,
effective upon the date a replacement is appointed.
(f) Extraterritorial area members may vote on all matters coming before
the board.
• (g) The in -town alternate may sit only in lieu of a regular in -town member
and the extraterritorial area alternate may sit only in lieu of the regular
extraterritorial area member. When so seated, alternates shall have the same
powers and duties as the regular member they replace.
Section 30 Meetings of the Board of Adjustment.
(a) The Board of Adjustment shall establish a regular meeting schedule and
shall meet frequently enough so that it can take action in conformity with
Section 67 (Applications to be Processed Expeditiously).
(b) The board shall conduct its meetings in accordance with the quasi-
judicial procedures set forth in Articles IV, V, and VI.
(c) All meetings of the board shall be open to the public, and whenever
feasible the agenda for each board meeting shall be made available in advance
of the meeting.
Section 31 Quorum.
(a) A quorum for the Board of Adjustment shall consist of the number of
members equal to four -fifths of the regular board membership (excluding vacant
seats). A quorum is necessary for the board to take official action:
22

(b) A member who has withdrawn from the meeting without being excused as
provided in Section 32 shall be counted as present for purposes of determining
• whether a quorum is present.
Section 32 Votin
(a) The concurring vote of four -fifths of the regular board membership
(excluding vacant seats) shall be necessary to reverse any order, requirement,
decision, or determination of the administrator or to decide in favor of the
applicant any matter upon which it is required to pass under any ordinance
(including the issuance of a special use permit) or to grant any variance. All
other actions of the board shall be taken by majority vote, a quorum being
present.
(b) Once a member is physically present at a board meeting, any subsequent
failure to vote shall be recorded as an affirmative vote unless the member has
been excused in accordance with subsection (c) or has been allowed to withdraw
from the meeting in accordance with subsection (d).
(c) A member may be excused from voting on a particular issue by majority
vote of the remaining members present under the following circumstances:
(1) If the member has a direct financial interest in the outcome of
the matter at issue; or
(2) If the matter at issue involves the member's own official conduct;
or
• (3) If participation in the matter might violate the letter orspirit
of a member's code of professional responsibility; or
(4) If a member has such close personal ties to the applicant that
the member cannot reasonably be expected to exercise sound
judgment in the public interest.
(d) A member may be allowed to withdraw from the entire remainder of a
meeting by majority vote of the remaining members 'present for any good and
sufficient reason other than the member's desire to avoid voting on matters to
be considered at that meeting.
(e) A motion to allow a member to be excused from voting or excused from
the remainder of the meeting is in order only if made by or at the initiative
of the member directly affected.
(f) A roll call vote shall be taken upon the request of any member.
23

Section.33 Board of Adjustment Officers.
(a) At its first regular meeting in June, the Board of Adjustment shall,
by majority vote of its membership (excluding vacant seats) elect one of its
members to serve as chairman and preside over the board's meetings and one member
to serve as vice-chairman. The persons so designated shall serve in these
capacities for terms of one year. Vacancies may be filled for the unexpired
terms only by majority vote of the board membership (excluding vacant seats).
(b) The chairman or any member temporarily acting as chairman may
administer oaths to witnesses coming before the board.
(c) The chairman and vice-chairman of the Board of Adjustment may take part
in all deliberations and may vote on all issues.
Section 34 Powers and Duties of Board of Adjustment.
(a) The Board of Adjustment shall hear and decide:
(1) Appeals from any order, decision, requirement, or interpretation
made by the administrator, as provided in Section 91.
(2) Applications for special use permits, as provided in Subsection
46(a).
• (3) Applications for variances, as provided in Section 92.
(4) Questions involving interpretations of the zoning map, including
disputed district boundary lines and lot lines, as provided in
Section 94.
(5) Any other matter the board is required to act upon by any other
town ordinance.
(b) The board may adopt rules and regulations governing its procedures and
operations not inconsistent with the provisions of this.chapter.
Sections 35 and 36 Reserved.
L
24

Part III. Land Use Administrator
is Section 37 Land Use Administrator.
Except as otherwise specifically provided, primary. -responsibility for
administering and enforcing this chapter may be assigned to one or more
individuals by the town manager. The person or persons to whom these functions
are assigned shall be referred to in this chapter as the "land use administrator"
or "administrator." The term "staff" is sometimes used interchangeably with the
term "administrator." As provided in Sections 78 and 79, the land use
administrator is authorized to approve major subdivisions, once a conditional
use permit has been approved by the Town Council, and minor subdivisions.
Section 38 and 39 Reserved.
Part IV. Town Council
Section 40 The Town Council.
(a) The Town Council, in considering conditional use permit applications,
acts in a quasi-judicial capacity and, accordingly, is'required to observe the
procedural requirements set forth in Articles IV and VI of this chapter.
• (b) In considering proposed changes in the text of this chapter or in the
zoning map, the Council acts in its legislative capacity and must proceed in
accordance with the requirements of Article XX.
(c) Unless otherwise specifically provided in this chapter, in acting upon
conditional use permit requests or in considering amendments to this chapter or
the zoning map, the Council shall follow the regular, voting, and. other
requirements as set forth in other provisions of the town code, the town charter,
or general law.
Part V. Historic District Commission
Section 41 Appointment and Terms of Historic Commission
(a) There shall be Historic District Commission consisting of six members.
The members shall be appointed by the Town Council for four-year terms.
Appointments shall be made in December of the year in which there are elections
of the Town Council, and shall be effective on January 1st of the following year.
(b) Members may be appointed to successive terms without limitation.
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(c) A majority of the members shall have demonstrated special interest,
experience, or education in history or architecture and all members shall reside
• within the territorial jurisdiction of the Town of Edenton as established
pursuant to G.S. 160A-360.
(d) Faithful and prompt attendance at all meetings of the Commission and
conscientious performance of the duties required of members shall be a
prerequisite to continuing membership on the Commission. Should a member fail
to attend three consecutive regular meetings of the Commission, and should there
be no adequate excuse for such absences, the Chairman, with the concurrence of
a majority of the entire Commission, shall recommend to the Town Council that
a vacancy be declared and that the vacated position be filled.
Section 42 Meetings of the Historic District Commission.
(a) Regular meetings of the Commission shall be held on the first Monday
of each month at 2:00 p.m. in the Town Hall; provided that meetings may be held
at some other convenient place if directed by the Chairman in advance of the
meeting.
(b) Special meetings of the Commission may be called at any time by the
Chairman. At least forty-eight hours notice of the time and place of special
meetings shall be given, by the Secretary or by the Chairman, to each member of
the Commission; provided that this requirement may be waived by action of a
majority of all the members.
(c) Whenever there is no business for the Commission, the Chairman may
dispense with a regular meeting by giving notice to all the members not less than
twenty-four hours prior to the time set for the meeting.
(d) All meetings shall be open to the public. The business at regular
meetings shall include: (i) roll call; (ii) approval of minutes of previous
meetings; (iii) unfinished business; (iv) consideration of applications; (v)
reports of committees; and (vi) adjournment.
Section 43 Quorum and Voting.
(a) A quorum for the Historic District Commission shall consist of four
members of the Commission membership (excluding vacant seats). A quorum is
necessary for the Commission to take official action.
(b) All actions of the Commission shall be taken by majority vote, a quorum
being present.
(c) A roll call vote shall be taken upon the request of any member.
PI

Section 44 Historic District Commission Officers.
(a) At its first regular meeting in February of each year, the Historic
District Commission shall, by majority vote of its membership (excluding vacant
seats), elect one of its members to serve as chairman and preside over the
commission meetings and one member to serve as vice-chairman. A member of the
town staff shall be appointed by the Edenton Town Manager to serve as secretary
to the Commission. The duties of the officers shall be as directed by the
Commission in its by-laws. Vacancies in the office of chairman and vice-chairman
may be filled for the unexpired terms only by majority vote of the Commission
membership.
(b) The chairman and vice chairman may take part in all deliberations and
vote on all issues. The secretary shall not be eligible to vote upon any matter.
Section 45 Powers and Duties of the Historic District.
(a) The Historic District Commission shall:
(1) Review applications for Certificates of Appropriateness for
constructing, altering, or demolishing buildings or structures
within the designated Historic District.
(2) Issue Certificates of Appropriateness in accordance with the
procedures delineated in Sections 168(d) and (e).
• (3) Perform any other duties assigned by the Town Council.
(b) The Commission may request the N.C. Department of Cultural Resources
or the N.C. Historic Commission to review, comment on, and make recommendations
upon all applications for a Certificate of Appropriateness.
(c) The Commission may adopt rules and regulations governing its procedures
and operations not inconsistent with the provisions of this ordinance and G.S.
160A-395 thru 160-399.
Section 45.1 Designation of Historic District.
(a) It is the intent of this section to make provisions within this
ordinance (1) to safeguard the heritage of the Town of Edenton by preserving any
area which reflects elements of its cultural, social, economic, political, or
architectural history; (2) to stabilize and improve property values in such
areas; (3) to foster civic beauty; (4) to strengthen the local economy; and (5)
to promote the use and preservation of such areas for the education, welfare,
and pleasure of residents of Edenton and the State as a whole.
(b) The Town Council may designate from time to time one or more Historic
Districts within the jurisdictional boundaries of the Town. No Historic
District(s) shall be designated until:
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(1) The Edenton Planning Board shall have made an investigation and
report on the historic significance of the buildings, structures,
features, sites or surroundings included in any such proposed
district, and shall have prepared a description of boundaries of
such district. -
(2) The Edenton Planning Board shall have requested an analysis and
recommendations based on the report required in (1) of this
subsection from the N.C. Department of Cultural Resources,
including the proposed boundaries of the District. If the
Department shall not have provided the requested analysis and
recommendations within 30 days after a written request for such
analysis and recommendations have been mailed to it, the Town
Council is relieved of any responsibility for securing such
analysis and recommendations and may at any time thereafter take
any necessary action to adopt or amend its Zoning Ordinance.
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ARTICLE IV
• PERMITS AND FINAL PLAT APPROVAL
Part I. Zoning, Special Use, and Conditional Use Permits
Section 46 Permits Reauired.
(a) Subject to Section 271 (Sign Permits), the use made of property may
not be substantially changed (see Section 152), substantial clearing, grading
or excavation may not be commenced, and buildings or other substantial structures
may not be constructed, erected, moved, or substantially altered except in
accordance with and pursuant to one of the following permits:
(1) A zoning permit issued by the administrator;
(2) A special use permit issued by the Board of Adjustment;
(3) A conditional use permit issued by the Town Council;
(4) An erosion control permit issued by the North Carolina Department
of Natural Resources and Community Development, if required;
(5) A Coastal Area Management Act (CAMA) permi t issued by the Division
of Coast Management, if required.
(b) Zoning permits, special use permits, conditional use permits and sign
• permits are issued under this chapter only when a review of the application
submitted, including the plans contained therein, indicates that the development
will comply with the provisions of this chapter if completed as proposed. Such
plans and applications as are finally approved are incorporated into any permit
issued, and except as otherwise provided in Section 64, all development shall
occur strictly in accordance with such approved plans and applications.
(c) Physical improvements to land to be subdivided may not be commenced
except in accordance with a conditional use permit issued by the Council for
major subdivisions or after final plat approval by the administrator for minor
subdivisions (see Part II of this article).
(d) A zoning permit, conditional use permit, special use permit, or sign
permit shall be issued in the name of the applicant (except that applications
submitted by an agent shall be issued in the name of the principal) shall
identify the property involved and the proposed use, shall incorporate by
reference the plans submitted, and shall contain any special conditions or
requirements lawfully imposed by the permit -issuing authority. All such permits
issued with respect to tracts of land in excess of one acre (except sign permits
and zoning permits for single-family and two-family residential uses) shall be
recorded in the Chowan County Registry after execution by the record owner as
provided in Section 64.
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Issuance of a conditional use, special use, or zoning permit authorizes the
recipient to commence the activity resulting in a change in -use of the land or,
(subject to obtaining a building permit), to commence work designed to construct,
erect, move, or substantially alter buildings or other substantial structures
or to make necessary improvements to a subdivision. However, except as provided
in Sections 53, 61, and 62, the intended use may not be commenced, no building
may be occupied, and in the case of subdivisions, no lots may be sold until all
of the requirements of this chapter and all additional requirements imposed
pursuant to the issuance of a conditional use or special use permit have been
complied with.
Section 48 Who May Submit Permit Applications.
(a) Applications for zoning, special use, conditional use, or sign permits
or minor subdivision plat approval will be accepted only from persons having the
legal authority to take action in accordance with the permit or the minor
subdivision plat approval. By way of illustration, in general this means that
applications should be made by the owners or lessees of property, or their
agents, or persons who have contracted to purchase property contingent upon their
ability to acquire the necessary permits under this chapter, or the agents of
such persons (who may make application in the name of such owners, lessees, or
contract vendees).
• (b) The administrator may require an applicant to submit evidence of his
authority to submit the application in accordance with subsection (a) whenever
there appears to be a reasonable basis for questioning this authority.
(c) All applicants for permits requiring Planning Board or Board of
Adjustment review shall be submitted to the administrator 25 calendar days prior
to the date of the Planning Board or Board of Adjustment meeting at which the
permit will be reviewed. If the submission deadline date falls on Saturday, the
application must be received by the preceding Friday. If the submission deadline
falls on a Sunday, the application must be received by the following Monday.
Section 49 Applications To Be Complete.
(a) All applications for zoning, special use, conditional use, or sign
permits must be complete before the permit issuing authority is required to
consider the application.
(b) Subject to subsection (c), an application is complete when it contains
all of the information that is necessary for the permit issuing authority to
decide whether or not the development, if completed- as proposed, will comply with
all of the requirements of this ordinance.
(c) In this ordinance, detailed or technical design requirements and
construction specifications relating to various types of.improvements (streets,
sidewalks, etc.) are set forth in one or more of the appendices to this
• ordinance. It is not necessary that the application contain the type of detailed
30 -

construction drawings that would be necessary to determine compliance with these
appendices, so long as the plans provide sufficient information to allow the
• permit issuing authority to evaluate the application in the light of .the
substantive requirements set forth in this text of this ordinance. However,
whenever this ordinance requires a certain element of a --development to be
constructed in accordance with the detailed requirements set forth in one or
more of these appendices, then no construction work on such element may be
commenced until detailed construction drawings have been submitted to and
approved by the administrator. Failure to observe this requirement may result
in permit revocation, denial of final subdivision plat approval, or other penalty
as provided in Article VII.
(d) The presumption established by this ordinance is that all of the
information set forth in Appendix A is necessary to satisfy the requirements of
this section. However, it is recognized that each development is unique, and
therefore the permit issuing authority may allow less information or require more
information to be submitted according to the needs of the particular case. For
applications submitted to the Town Council or Board of Adjustment, the applicant
may rely in the first instance on the recommendations of the administrator as
to whether more or less information than that set forth in Appendix A should be
submitted.
(e) The administrator shall make every effort to develop application forms,
instructional sheets, checklists, or other techniques or devices to assist
applicants in understanding the application requirements and the form and type
of information that must be submitted. In classes of cases where a minimal
amount of information is necessary to enable the administrator to determine
• compliance with this ordinance, such as applications for zoning permits to
construct single-family or two-family houses, or applications for sign permits,
the administrator shall develop standard forms that will expedite the submission
of the necessary plans and other required information.
Section 50 Staff Consultation Before Formal Application.
(a) To minimize development planning costs, avoid misunderstanding or
misinterpretation, and ensure compliance with the requirements of this chapter,
preapplication consultation between the developer and the administrator is
encouraged or required as provided in this section.
(b) Before submitting an application for a conditional use permit
authorizing a development that consists of or contains a major subdivision, the
developer shall submit to the administrator a site plan of such subdivision,
drawn approximately to scale 0 " = 100 feet). The site plan shall contain:
(1) The name and address of the developer;
(2) The proposed name and location of the subdivision;
(3) The boundaries of the tract and the portion of the tract to be
subdivided;
• (4) The approximate total acreage of the proposed subdivision;
31

(5) The tentative street and lot arrangement;
is
(6) Topographic lines;
(7) A sketch vicinity map showing the location of -the subdivision in
relation to the neighboring tracts, subdivisions, roads and
waterways;
(8) The existing and proposed uses of the land within the subdivision
and adjoining it, including the streets and lots of adjacent
developed or platted tracts;
(9) The zoning classification(s) of the tract and of adjacent tracts;
(10) Any impact the proposed development will have on any
environmentally sensitive areas;
(11) Any other information the developer believes necessary to obtain
the informal opinion of the administrator as to the proposed
subdivision's compliance with the requirements of this chapter.
The administrator shall meet with the developer as soon as conveniently
possible to review the site plan.
(c) Before submitting an application for any other permit, developers are
strongly encouraged to consult with the administrator concerning the application
of this chapter to the proposed development.
is Section 51 Staff -Consultation After ApPlication Submitte
d.
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(a) Upon receipt of a formal application for a zoning, special use, or
conditional use permit, or minor plat approval, the administrator shall review
the application and confer with the applicant to ensure that he understands the
administrator's interpretation of the applicable requirements of this chapter,
that he has submitted all of the information that he intends to submit, and that
the application represents precisely and completely what he proposes to do.
(b) If the application is for a special use or conditional use permit, the
administrator shall place the application on the agenda of the appropriate board
when the applicant indicates that the application is as complete as he intends
to make it. However, as provided in Sections 56 and 57, if the administrator
believes that the application is incomplete, he shall recommend to the
appropriate board that the application be denied on that basi-s.
-(c) If the administrator determines that the development for which a
special use or conditional use permit is requested will have or may have
substantial impact on surrounding properties, he shall require that (i) the
applicant notify, at a minimum, all adjoining property owners, at least ten days
in advance, of an informal information meeting and (ii) the applicant conduct
the informational meeting to discuss the proposed development with the adjoining
property owners. The purpose of the informational meeting is to involve those
32

property owners most likely impacted by a proposed project in the early stages
of the development• process. Consequently, the informational meeting should be
• held prior to the public hearing date established for the permit request.
(d) Without limiting the generality of subsection (c); the administrator
shall require the applicant to hold an informational meeting when:
(1) the request for a special use or conditional use permit involves
a residential project of 25 or more dwelling units;
(2) the request for a special use or conditional use permit involves
a non-residential project containing 10 acres or more.
Section 52 Zoning Permits.
(a) A completed application form for a zoning permit shall be submitted
to the administrator by filing a copy of the application with the administrator.
(b) The administrator shall issue the zoning permit unless he finds, after
reviewing the application and consulting with the applicant as provided in
Section 50, that:
(1) The requested permit is not within his jurisdiction according to
the Table of Permissible Uses; or
(2) The application is incomplete; or
• (3) If completed as proposed in the application, the development will
not comply with one or more requirements of this chapter (not
including those requirements concerning which a variance has been
granted or those the applicant is not required to comply with
under the circumstances specified in Article VIII, Nonconforming
Situations).
(c) If the administrator determines that the development for which a zoning
permit is requested will have or may have substantial impact on surrounding
properties, he shall, at least ten days before taking final action on the permit
request, send a written notice to those persons who have listed for taxation real
property any portion of which is within 100 feet of the lot that is the subject
of the application, informing them that:
(1) An application has been filed for a permit authorizing identified
property to be used in a specified way;
(2) All persons wishing to comment on the application should contact
the administrator by a certain date; and
(3) Persons wishing to be informed of the outcome of the application
should send a written request for such notification to the
administrator.
33

In cases when, because of weather conditions or other factors beyond the
control of the zoning permit recipient (exclusive of financial hardship), it
would be unreasonable to require the zoning permit recipient to comply with all
of the requirements of this chapter prior to commencing the intended use of the
property or occupying any buildings, the administrator may authorize the
commencement of the intended use or the occupancy of buildings (insofar as the
requirements of this chapter are concerned) if the permit recipient provides an
adequately secured completion bond or other security satisfactory to the
administrator to ensure that all of the requirements of this chapter will be
fulfilled within a reasonable period (not to exceed.twelve months) determined
by the administrator. The bond and security shall be reviewed and approved by
the Town Attorney, however, prior to the administrator authorizing the intended
use or occupancy.
Section 54 Special Use Permits and Conditional Use Permits.
(a) An application for a special use permit shall be submitted to the
Board of Adjustment by filing a copy of the application with the administrator.
(b) An application for a conditional use permit shall be submitted to the
Council by filing a copy of the application with the administrator.
(c) Subject to subsection (d), the Board of Adjustment or the Council,
• respectively, shall issue the requested permit unless it concludes, based upon
the information submitted at the hearing, that:
(1) The requested permit is not within its jurisdiction according to
the table of permissible uses; or
(2) The application is incomplete; or
(3) If completed as proposed in the application, the development will
not comply with one or more requirements of this chapter (not
i ncl udi ng those the appl i cant i s not requi red to comply wi th under
the circumstances specified in Article VIII, Nonconforming
Situations); or
(d) Even if the permit issuing board finds that the application complies
with all other provisions of this chapter, it may still deny the permit if it
concludes, based upon the information submitted at the hearing,.that if completed
as proposed, the development, more probably than not:
(1) Will materially endanger the public health or safety; or
(2) Will substantially injure the value of adjoining or abutting
property; or
(3) Will not be in harmony with the area in which it is to be located;
or
34

(4) Will not be in general conformity with the land use plan,
thoroughfare plan, or other plan officially adopted by the
• Council.
(e) No special use nor conditional use permit shall ---be approved until a
public hearing has been held by the permit issuing board.
(f) The administrator shall publish a notice of the public hearing once
a week for two successive weeks in a newspaper having general circulation in
the area. The notice shall be published for the first time not less than ten
days nor more than twenty-five days before the date affixed for the hearing.
In computing this period, the date of publication shall not be counted but the
date of the hearing shall be.
(g) The administrator shall mail written notice of the public hearing to
the owners of all properties involved in the permit request as well as the owners
of all properties any portion of which is within 100 feet of the property
involved in the permit request.
(h) The administrator shall also post notices of the public hearing in
the vicinity of the property involved in the permit request and take any other
action deemed by the administrator to be useful or appropriate to give notice
of the public hearing on any permit request.
(i) The notice required by this section shall:
(1) State the date, time, and place of the public hearing;
• (2) Summarize the nature and character of the permit request;
(3) Reasonably identify the property affected by the permit request;
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(4) State that the full permit request application can be reviewed
at the office of the administrator; and
(5) State that substantial changes in the permit request may be made
following the public hearing.
(j) The administrator shall make every reasonable effort to comply with
the notice provisions set forth in this section. However, it is the permit
issuing board's intention that failure to comply with any of the notice
provisions (except those set forth in subsection (f)) shall not render any permit
request invalid.
(k) At the conclusion of the public hearing, the permit issuing board may
proceed to vote on the permit request, refer it to a committee.for further study,
or take any other action consistent with its usual rules of procedure.
(1) The permit issuing board shall be required to take final action on a
permit request within 180 days of the date the permit application fee is paid
to the town, but it should proceed as expeditiously as practicable on permit
requests since inordinate delays can result in the applicant incurring
unnecessary costs.
35

Section 55 Burden -of Presenting Evidence; Burden of Persuasion_
• (a) The burden of presenting a complete application (as described in
Section 49) to the permit issuing board shall be upon the --applicant. However,
unless the board informs the applicant at the hearing in what way the application
is incomplete and offers the applicant an opportunity to complete the application
(either at that meeting or at a continuation hearing), the application shall be
presumed to be complete.
(b) Once a- completed application has been submitted, the burden of
presenting evidence to the permit issuing board sufficient to lead it to conclude
that the application should be denied for any reasons stated in Subdivision 54(c)
shall be upon the party or parties urging this position, unless the information
presented by the applicant in his application and at the public hearing is
sufficient to justify a reasonable conclusion that a reason exists to so deny
the application.
(c) The burden of persuasion on the issue of whether the development, if
completed as proposed, will comply with the requirements of this chapter remains
at all times on the applicant. The burden of persuasion on the issue of whether
the application should be turned down for any of the reasons set forth in
subdivision 54(d) rests on the party or parties urging that the requested permit
should be denied.
Section 56 Recommendations on Special Use Permit Apolications.
is (a) When presented to the Board of Adjustment at the hearing, the
application for a special use permit shall be accompanied by a report setting
forth the administrator's proposed findings concerning the application's
compliance with Section 49 (Application To Be Complete) and the other
requirements of this chapter, as well as the administrator's recommendations
for additional requirements to be imposed by the Board of Adjustment.
(b) If the administrator proposes a finding or conclusion that the
application fails to comply with Section 49 or any other requi-rement of this
chapter, it shall identify the requirement in question and specifically state
supporting reasons for the proposed findings or conclusions.
(c) The Board of Adjustment may, by general rule applicable to all cases
or any class of cases, or on a case by case basis, refer applications to the
Planning Board to obtain its recommendations.
Section 57 Recommendations on Conditional Use Permits.
(a) Before being presented to the Council, an application for a conditional
use permit shall be referred to the Planning Board for action in accordance with
this section. The Council may not hold a public hearing on a conditional use
permit application until the Planning Board has had an opportunity to consider
the application pursuant to standard agenda procedures. In addition, at the
request of the Planning Board, the Council may continue the public hearing to
• allow the Planning Board more time to consider or reconsider the application.
36

(b) When presented to the Planning Board, the application shall be
• accompanied by a report setting forth the administrator's proposed findings
concerning the application's compliance with Section 49 and other requirements
of this chapter, as well as the administrator's recommendations for additional
requirements to be imposed by the Council. If the administrator's report
proposes a finding or conclusion that the application fails to comply with
Section 49 or any other requirement of this chapter, it shall identify the
requirement in question and specifically state supporting reasons for the
proposed findings or conclusions.
(c) The Planning Board shall consider the application and the attached
administrator's report in a timely fashion, and may, in its discretion, hear
from the applicant or members of the public.
(d) After reviewing the application, the Planning Board shall report to
the Council whether it concurs in whole or in part with the administrator's
proposed findings and conditions, and to the extent there are differences the
Planning Board shall propose its own recommendations and the reasons therefor.
(e) In response to the Planning Board's recommendations, the applicant
may modify his application prior to submission to the Council, and the
administrator may likewise revise his recommendations.
Section 58 Council Action on Conditional Use Permits.
In considering whether to approve an application for a conditional use
• permit, the Council shall proceed according to the following format:
(1) The Council shall consider whether the application is complete.
If no member moves that the application be found incomplete
(specifying either the particular type of information lacking or
the particular requirement with respect to which the application
is incomplete) then this shall be taken as an affirmative- finding
by the Council that the application is complete.
(2) The Council shall consider whether the application complies with
all of the applicable requirements of this chapter. If a motion
to this effect passes, the Council need not make further findings
concerning such requirements. If such a motion fails or is not
made then a motion shall be made that the application be found
not in compliance with one or more of the requirements of this
chapter. Such a motion shall specify the particular requirements
the application fails to meet. Separate votes may be taken with
respect to each requirement not met by the application. It shall
be conclusively presumed that the application complies with all
requirements not found by the Council to be unsatisfied through
this process.
37

(3) If the Council concludes that the application fails to comply
with one or more requirements of this chapter, the application
40 shall be denied. If the Council concludes that all such
requirements are met, it shall issue the permit unless it adopts
a motion to deny the application for one or -more of the reasons
set forth in Subsection 54(d) Such a motion shall propose
specific findings, based upon the evidence submitted, justifying
such a conclusion.
Section 59 Board of Adjustment Action on Special Use Permits.
In considering whether to approve an application for a special use permit,
the Board of Adjustment shall proceed in the same manner as the Council when
considering conditional use permit applications (Section 58), except that the
format of the Board of Adjustment's proceedings will.differ as a result of the
four -fifths voting requirement set forth in Subsection 32(a).
(1) The board shall consider whether the application is complete. If
the board concludes that the application is incomplete and the
applicant refuses to provide the necessary information, the
application shall be denied. A motion to this effect shall
specify either the particular type of information lacking or the
particular requirement with respect to which the application is
incomplete. A motion to this effect, concurred in by four members
of the board, shall constitute the board's finding on this issue.
If a motion to this effect is not made and concurred in by at
• least four members, this shall be taken as an affirmative finding
by the board that the application is complete.
(2) The board shall consider whether the application complies with
all of the applicable requirements of this chapter. If a motion
to this effect passes by the necessary four -fifths vote, the
board need not make further findings concerning such requirements.
If such a motion fails to receive the necessary four -fifths vote
or is not made, then a motion shall be made that the application
be found not in compliance with one or more requirements of this
chapter. Such a motion shall specify the particular requirements
the application fails to meet. A separate vote may be taken with
respect to each requirement not met by the application, and the
vote of the number of members equal to more than one fifth of the
board membership (excluding vacant seats) in favor of such a
motion shall be sufficient to constitute such -motion a finding
of the board. It shall be conclusively presumed that the
application complies with all requirements not found by the board
to be unsatisfied through this process. As provided in Subsection
54(c), if the board concludes that the application fails to meet
one or more of the requirements of this chapter, the application
shall be denied.
(3) If the board concludes that all such requirements are met, it
• shall issue the permit unless it adopts a motion to deny the
K:1

appl icat ion for one or more of the reasons set forth in Subsection
54(d). Such a motion shall propose specific findings, based upon
• the evidence submitted, justifying such a conclusion. Since such
a motion is not in favor of the applicant, it is carried by a
simple majority vote. --
Section 60 Additional Requirements on Special Use and Conditional
Use Permits.
(a) Subject to subsection (b), in granting a special' or conditional use
permit, the Board of Adjustment or Town Council, respectively, may attach to
the permit such reasonable requirements in addition to those specified in this
chapter as will ensure that the development in its proposed location:
(1) Will not endanger the public health or safety;
(2) Will not injure the value of adjoining or abutting property;
(3) Will be in harmony with the area in which it is located; and
(4) Will be in conformity with the land use plan, thoroughfare plan,
or other plan officially adopted by the Council.
(b) The permit -issuing board may not attach additional conditions that
modify or alter the specific requirements set forth in this ordinance unless
the development in question presents extraordinary circumstances that justify
the variation from the specified requirements.
(c) Without limiting the foregoing, the permit -issuing board may attach
to a permit a condition limiting the permit .to a specified duration.
(d) All additional conditions or requirements. shall be entered on the
permit.
(e) All additional conditions or requirements authorized by this section
are enforceable in the same manner and to the same extent as any other applicable
requirement of this ordinance.
(f) A vote may be taken on application conditions or requirements before
consideration of whether the permit should be denied for any of the reasons set
forth in Subsections 54(c) or (d).
(a) In cases when, because of weather conditions or other factors beyond
the control of the special use or conditional use permit recipient (exclusive
of financial hardship) it would be unreasonable to require the permit recipient
to comply with all of the requirements of this chapter before commencing the
intended use of the property or occupying any buildings or selling lots in a
subdivision, the permit issuing board may authorize the commencement of the
• intended use or the occupancy of buildings or the sale of subdivision lots
39

(insofar as the requirements of this- chapter are concerned) if the permit
recipient provides- an adequately secured completion bond or other security
satisfactory to the board to ensure that all of these requirements will be
fulfilled within a reasonable period (not to exceed twelve months). The proposed
completion bond and security shall be reviewed and approved by -the Town Attorney,
however, prior to the permit issuing board authorizing the intended use or
occupancy.
(b) When the board imposes additional requirements upon the permit
recipient in accordance with Section 60 or when the developer proposes in the
plans submitted to install amenities beyond those required by this chapter, the
board may authorize the permittee to commence the intended use of the property
or to occupy any building or to sell any subdivision lots before the additional
requirements are fulfilled or the amenities installed if it specifies a date by
which or a schedule according to which such requirements must be met or each
amenity installed and if it concludes that compliance will be ensured as the
result of any one or more of the following:
(1) A completion bond and security satisfactory to the Town Attorney
is furnished;
(2) A condition is imposed establishing an automatic expiration
date on the permit, thereby ensuring that the permit recipient's
compliance will be reviewed when application for renewal is made;
(3) The nature of the requirements or amenities is such that
sufficient assurance of compliance is given by Section 114
• (Penalties and Remedies For Violations) and Section 115 (Permit
Revocation).
(c) With respect to subdivisions in which the developer is selling only
undeveloped lots, the Council may authorize final plat approval and the sale of
lots before all the requirements of this chapter are fulfilled if the subdivider
provides a completion bond and security satisfactory to the Town Attorney to
ensure that all of these requirements will be fulfilled within not more than
twelve -months after final plat approval.
Section 62 Completing Developments in Phases.
(a) If a development is constructed in phases or stages in accordance with
this section, then, subject to subsection (c), the provisions of Section 47 (No
Occupancy, Use, or Sale of Lots Until Requirements Fulfilled) and Section 61
(exceptions to Section 47) shall apply to each phase as if it were the entire
development.
(b) As a prerequisite to taking advantage of the provisions of subsection
(a), the developer shall submit plans that clearly show the various phases or
stages of the proposed development and the requirements of this chapter that will
be satisfied with respect to each phase or stage.
40

(c) If a development that is to, be -built in phases or stages includes
improvements that are designed to relate to, benefit, or be used by the entire
• development (such as a swimming pool or tennis courts in a residential
development) then, as part of his application for development approval, the
developer shall submit a proposed schedule for completion of -such improvements.
The schedule shall relate completion of such improvements to completion of one
or more phases or stages of the entire development. Once a schedule has been
approved and made part of the permit by the permit issuing authority, no land
may be used, no buildings may be occupied, and no subdivision lots may be sold
except in accordance with the schedule approved as part of the permit, provided
that:
(1) If the improvement is one required by this chapter then the
developer may utilize the provisions of Subsections 61(a) or
61(c);
(2) If the improvement is an amenity not required by this chapter or
is provided in response to a condition imposed by the board, then
the developer may utilize the provisions of Subsection 61(b).
Section 63 Expiration of Permits
(a) Zoning, special use, conditional use, and sign permits shall expire
automatically if, within one year after the issuance of such permits:
(1) The use authorized by such permits
circumstances where no substantial
alteration, excavation, demolition, or
before commencement of such use; or
has not commenced, in
construction, erection,
similar work is necessary
(2) Less, than ten percent of the total cost of all construction,
erection, alteration, excavation, demolition, or similar work on
any development authorized by such permits has been completed on
the site. With respect to phased development (see Section 62),
this requirement shall apply only to the first phase.
(b) If, after some physical alteration to land or structures begins to
take place, such work is discontinued for a period of one year, then the permit
authorizing such work shall immediately expire. However, expiration of the
permit shall not affect the provisions of Section 64.
(c) The permit issuing authority may extend for a period up to six months
the date when a permit would otherwise expire pursuant to subsections (a) or (b)
if it concludes that (i) the permit has not yet expired, (ii) the permit
recipient has proceeded with due diligence and in good faith, and (iii)
conditions have not changed so substantially as to warrant a new application.
Successive extensions may be granted for periods up to six months upon the same
findings. All such extensions may be granted without resort to the formal
processes and fees required for a new permit.
41

(d) For purposes of this section-, the permit within the jurisdiction of
the Council or the Board of Adjustment is issued when such board votes to approve
• the application and issue the permit. A permit within the jurisdiction of the
zoning administrator is issued when the earlier of the following takes place:
(1) A copy of the fully executed permit is delivered to the permit
recipient, and delivery is accomplished when the permit is hand
delivered or mailed to the permit applicant; or
(2) The administrator notifies the permit applicant that the
application has been approved and that all that remains before
a fully executed permit can be delivered is for the applicant to
take certain specified actions, such as having the permit executed
by the property owner so it can be recorded if required under
subsection 64(b).
(e) Notwithstanding any of the provisions of Article VIII (Nonconforming
Situations), this section shall be applicable to permits issued prior to the
date this section becomes effective.
Section 64 Effect of Permit on Successors and Assigns.
(a) Zoning, special use, conditional use and sign permits authorize the
permittee to make use of land and structures in a particular way. Such permits
are transferable. However, so long as the land or structures or any portion
thereof covered under a permit continues to be used for the purposes for which
the permit was granted, then:
• (1) No person (including successors or assigns of the person who obtained
the permit) may make use of the land or structures covered under such
permit for the purposes authorized in the permit except in accordance
with all the terms and requirements of that permit; and
(2) The terms and requirements of the permit apply to and restrict the
use of land or structures covered under the permit, not only with
respect to all persons having any interest in the property at the time
the permit was obtained, but also with respect to persons who
subsequently obtain any interest in all or part of the covered property
and wish to use it for or in connection with purposes other than those
for which the permit was originally issued, so long as the persons who
subsequently obtain an interest in the property had actual or record
notice (as provided in subsection (b)) of the existence of the permit
at the time they acquired their interest.
(b) Whenever a zoning, special use or conditional use permit is issued to
authorize development (other than single-family or two-family residences) on a
tract of land in excess of one acre, nothing authorized by the permit may be
done until the record owner of the property signs a written acknowledgement that
the permit has been issued so that the permit may be recorded in the Chowan
County Registry and indexed under the record owner's name'as grantor.
42

. Section 65 Amendments to and Modifications of Permits.
• (a) Insignificant deviations from the permit (including approved plans)
issued by the Town Council, the Board of Adjustment, or the administrator are
permissible and the administrator may authorize such insignificant deviations.
A deviation is insignificant if it has no discernible impact on neighboring
properties, the general public, or those intended to occupy or use the proposed
development.
(b) Minor design modifications or changes in permits (including approved
plans) are permissible with the approval of the permit issuing authority. Such
permission may be obtained without a formal application, public hearing, or
payment of any additional fee. For purposes of this section, minor design
modifications or changes are those that have no substantial impact on neighboring
properties, the general public, or those intended to occupy or use the proposed
development.
(c) All other requests for changes in approved plans will be processed as
new applications. If such requests are required to be acted upon by the Council
or Board of Adjustment, new conditions may be imposed in accordance with Section
60, but the applicant retains the right to reject such additional conditions by
withdrawing his request for an amendment and may then proceed in accordance with
the previously issued permit.
(d) The administrator shall determine whether amendments to and
modifications of permits fall within the categories set forth above in
subsections (a), (b), and (c).
• (e) A developer requesting approval of changes shall submit a written
request for such approval to the administrator, which request shall identify
the changes. Approval of all changes must be given in writing.
(f) Upon complaint to the Town Council from any person within 400 feet of
a use allowed by conditional use permit, the Town Council may initiate permit
revocation proceedings in accordance with the provisions of Section 115.
Section 66 Reconsideration of Board Action.
(a) Whenever (i) the Town Council disapproves a conditional use permit
application, or (ii) the Board of Adjustment disapproves an application for a
special use permit or a variance, on any basis other than the failure of the
applicant to submit a complete application, such action may not be reconsidered
by the respective board at a later time unless the applicant clearly demonstrates
that:
(1) Circumstances affecting the property that is the subject of the
application have substantially changed; or
43

(2) New information is available that could not with reasonable
diligence have been presented at a previous hearing. A request
• to be heard on this basis must be filed with the administrator
within the time period for an appeal to superior court (see
Section 116). However, such a request does not extend the period
within which an appeal must be taken.
(b) Notwithstanding subsection (a), the Council or Board of Adjustment
may at any time consider a new application affecting the same property as an
application previously denied. A new application is one that differs in some
substantial way from the one previously considered.
Section 67 Applications to be Processed Expeditiously.
Recognizing that inordinate delays in acting upon appeals or applications
may impose unnecessary costs on the appellant or applicant, the town shall make
every reasonable effort to process appeals and permit applications within 180
days of the date the permit application fee is paid to the town, consistent with
the need to ensure that all development conforms to the requirements of this
chapter.
Section 68 Maintenance of Common Areas Improvements and Facilities.
The recipient of any zoning, special use, conditional use, or sign permit,
or his successor, shall be responsible for maintaining all common areas,
• improvements or facilities required by this chapter or any permit issued in
accordance with its provisions, except those areas, improvements or facilities
with respect to which an offer of dedication to the public has been accepted by
the appropriate public authority. As illustrations, and without- limiting the
generality of the foregoing, this means that private roads and parking areas,
water and sewer lines, and recreational facilities must be properly maintained
so that they can be used in the manner intended, and required vegetation and
trees used for screening, landscaping, or shading must be replaced if they die
or are destroyed.
Sections 69 through 75 Reserved.
44

Part II. Major and'Minor Subdivisions
• Section 76 Regulation of Subdivisions.
Major subdivisions are subject to a two step approval process. Physical
improvements to the land to be subdivided are authorized by a conditional use
permit as provided in Part I of Article IV of this chapter, and sale of lots is
permitted after final plat approval as provided in Section 79. Minor
subdivisions only require a one step approval process: final plat approval (in
accordance with Section 78).
Section 77 No Subdivision Without Plat Approval.
(a) As provided in N.C.G.S. § 160A-375, no person may subdivide his land
except in accordance with all of the provisions of this chapter. In particular,
no person may subdivide his land unless and until a final plat of the subdivision
has been approved in accordance with the provisions of Section 78 or Section 79
and recorded in the Chowan County Registry.
(b) As provided in N.C.G.S. § 160A-373, the Chowan County Register of
Deeds may not record a plat of any subdivision within the town's planning
jurisdiction unless the original or amended plat has been approved in accordance
with the provisions of this chapter.
Section 78 Minor Subdivision Approval.
• (a) The administrator shall approve or disapprove minor subdivision final
plats in accordance with the provisions of this section.
(b) The applicant for minor subdivision plat approval, before complying
with subsection (c), shall submit a sketch plan to the administrator for a
determination of whether the approval process authorized by this section can be
and should be utilized. The administrator may require the applicant to submit
whatever information is necessary to make this determination, including, -but not
limited to, a copy of the tax map showing the land being subdivided and all lots
previously subdivided from that tract of land within the previous five years.
(c) Applicants for minor subdivision approval shall submit to the
administrator a copy of a plat conforming to the requirements set forth in
Subsections 79(b) and (c) (as well as two prints of such plat), except that a
minor subdivision plat shall contain the following certificates in lieu of those
required in Section 80:
(1) Certificate of Ownership
I hereby certify that I am the owner of the property described
hereon, which property is within the subdivision regulation
jurisdiction of the Town of Edenton, and that I freely adopt this
plan of subdivision.
• Date Owner
45

(2) Certificate of ADDroyal
I hereby certify that the minor subdivision shown on this plat
does not involve the creation of new public s# reets or any change
in existing public streets, that the subdivision shown is in all
respects in compliance with Chapter 21 of the Edenton Town Code,
and that therefore this plat has been approved by the land use
administrator, subject to its being recorded in the Chowan County
Registry within sixty days of the date below.
Date Land Use Administrator
(3) A Certificate of Survey and Accuracy, in the form stated in
Subdivision 80(3).
(d) The administrator shall take expeditious action on an application for
minor subdivision plat approval as provided in Section 67. However, either the
administrator or the applicant may at any time refer the application to the
major subdivision approval process.
(e) Not more than a total of three lots may be created out of one tract
using the minor subdivision plat approval process, regardless of whether the
lots are created at one time or over an extended period of time.
• (f) Subject to subsection (d), the administrator shall approve the proposed
subdivision unless the subdivision is not a minor subdivision as defined in
Section 15 or the application or the proposed subdivision fails to comply with
subsection (e) or any other applicable requirement of this chapter.
is
(g) If the subdivision is disapproved, the administrator shall promptly
furnish the applicant with a written statement of the reasons for disapproval.
(h) Approval of any plat is contingent upon the plat being recorded within
sixty days after the date the Certificate of Approval is signed by the
administrator or his designee.
Section 79 Major Subdivision Approval Process.
(a) The administrator shall approve or disapprove major -subdivision final
plats in accordance with the provisions of this section.
(b) The applicant for major subdivision plat approval shall submit to the
administrator a final plat, drawn in waterproof ink on a sheet made of material
that will be acceptable to the Chowan County Register of Deed's Office for
recording purposes, and having dimensions as follows: either (i) 12" x 18", or
(ii) 18" x 24". When more than one sheet is required to include the entire
subdivision, all sheets shall be made of the same size and.shall show appropriate
46

match marks on each sheet and appropriate. references to other sheets of the
subdivision. The scale of the plat shall be at one (1) inch equals not more than
• one hundred (100) feet. The applicant shall also submit five prints of the plat.
(c) In addition to the appropriate endorsements, as --provided in Section
80, the final plat shall contain the following information:
(1) The name of the subdivision, which name shall not duplicate the
name of any existing subdivision as recorded in the Chowan County
Registry;
(2) The name of the subdivision owner or owners;
(3) The township, county and state where the subdivision is loca-
ted; and
(4) The name of the surveyor and his registration number and the date
of survey.
(5) The scale according to which the plat is drawn in feet per inch
or scale ratio in words or figures and bar graph;
(6) All of the additional information required by N.C.G.S. § 47-30
and N.C.G.S. § 39-32.3.
(d) The administrator shall approve the proposed plat unless it finds that
the plat or the proposed subdivision fails to comply with one or more of the
requirements of this chapter or that the final plat differs substantially from
• the plans and specifications approved in conjunction with the conditional use
permit that authorized the development of the subdivision.
(e) If the final plat is disapproved by the administrator, the applicant
shall be furnished with a written statement of the reasons for the disapproval.
(f) Approval of a final plat is contingent upon the plat being recorded
within sixty days after the approval certificate is signed by the administrator
or his designee.
Section 80 Endorsements on Major Subdivision Plats.
All major subdivision plats shall contain the endorsements listed in
Subdivisions (1), (2), and (3) herein. The endorsements listed in Subdivision
(4) shall appear on plats of all major subdivisions located outside the corporate
limits of the town but within the planning jurisdiction.
(1) Certificate of Approval
I hereby certify that all streets shown on this plat are within
the Town of Edenton's planning jurisdiction, all streets and
other improvements shown on this plat have been .installed or
completed or that their installation or completion (within twelve
months after the date below) has been assured by the posting of
• a performance bond or other sufficient surety, and that the
47

subdivision shown on this plat is in all respects in compliance
with. Chapter 21 of the Edenton Town Code, and therefore this plat
• has been approved by the Edenton land use administrator, subject
to its being recorded in the Chowan County Registry within sixty
days of the date below.
40
(2)
(3)
Date Land Use Administrator
Certificate of Ownership and Dedication
I hereby certify that I am the owner of the property described
hereon, which property is located within the subdivision
regulation jurisdiction of the Town of Edenton, that I hereby
freely adopt this plan of subdivision and dedicate to public use
all areas shown on this plat as streets, alleys, walks, parks,
open space, and easements, except those specifically indicated
as private, and that I will maintain all such areas until the
offer of dedication is accepted by the appropriate public
authority. All property shown on this plat as dedicated for a
public use shall be deemed to be dedicated for any other public
use authorized by law when such other use is approved by the
Edenton Town Council in the public interest.
Date Owner
(Notarized)
Certificate of Survey and Accuracy
I hereby certify that this map (drawn by me) (drawn under my
supervision) from (an actual survey made by me) (an actual survey
made under my supervision) (a deed description recorded in
Book , Page of the Chowan County Registry) (other);
that the error of closure as calculated by latitudes and
departures is 1: that the boundaries not surveyed are
shown as broken lines plotted from information found in
Book , Page , and that this map was prepared
in accordance with G.S. § 41-30. Witness my original signature,
registration number and seal this day of
19 '
CF,

Seal. or Stamp Registered Land Surveyor
(Notarized) Registration -Number
(4) Division of Highways District Engineer Certificate
I hereby certify that the public streets shown on this plat have
been completed, or that a performance bond or other sufficient
surety has been posted to guarantee their completion, in
accordance with at least the minimum specifications and standards
of the North Carolina Department of Transportation, Division of
Highways, for acceptance of subdivision streets on the state
highway system for maintenance.
Date District Engineer
Section 81 Plat Approval Not Acceptance of Dedication Offers.
Approval of a of dedicationlat does nacceptanceot constitute
of anystreets,sidewalks, parksor b otherpubliy the t public facilities shown
on a plat. However, the town may accept any such offer of dedication by
resolution of the Council or by actually exercising control over and maintaining
• such facilities.
Section 82 Protection Against Defects.
(a) Whenever (pursuant to Section 61) occupancy, use or sale is allowed
before the completion of all facilities or improvements intended for dedication,
then the performance bond or the surety that is posted pursuant to Section 61
shall guarantee that any defects in such improvements or facilities that appear
within one year after the dedication of such facilities or improvements is
accepted shall be corrected by the developer.
(b) Whenever all public facilities or improvements intended for dedication
are installed before occupancy, use, or sale is authorized, then the developer
shall post a performance bond or other sufficient surety to guarantee that he
will correct all defects in such facilities or improvements that occur within
one year after the offer of dedication of such facilities or improvements is
accepted.
(c) An architect or engineer retained by the developer shall certify to
the town that all facilities and improvements to be dedicated to the town have
been constructed in accordance with the requirements of this chapter. This
certification shall be a condition precedent to acceptance by the town of the
offer of dedication of such facilities or improvements.
49

(d) For purposes of this secti-on, -the term "defects" refers to any
condition in publicly dedicated facilities or improvements that requires the
• town to make repairs in such facilities over and above the normal amount of
maintenance that they would require. If such defects appear, the guaranty may
be enforced regardless of whether the facilities or improvements were constructed
in accordance with the requirements of this chapter.
Section 83 Maintenance of Dedicated Areas Until Acceptance.
As provided in Section 68, all facilities and improvements with respect to
which the owner makes an offer of dedication to public use shall be maintained
by the owner until such offer of dedication is accepted by the appropriate public
authority.
Sections 84 through 90 Reserved.
•
C
50

ARTICLE V
APPEALS, VARIANCES, INTERPRETATIONS
Section 91 Appeals.
(a) An appeal from any final order or decision of the administrator may
be taken to the Board of Adjustment by any person aggrieved. An appeal is taken
by filing with the administrator and the Board of Adjustment a written notice
of appeal specifying the grounds therefor. A notice of appeal shall be
considered filed with the administrator and the Board of Adjustment when
delivered to the administrator's office, and the date and time of filing shall
be entered on the notice by the administrator.
(b) An appeal must be taken within thirty days after the date of the
decision or order appealed from.
(c) Whenever an appeal is filed, the administrator shall forthwith transmit
to the Board of Adjustment all the papers constituting the record relating to
the action appealed from.
(d) An appeal stays all actions by the administrator seeking enforcement
of or compliance with the order or decision appealed from, unless the
administrator certifies to the Board of Adjustment that (because of facts stated
in the certificate) a stay would, in his opinion, cause imminent peril to life
or property. In that case, proceedings shall not be stayed except by order of
the Board of Adjustment or a court, issued on application of the party seeking
• the stay, for due cause shown, after notice to the administrator.
(e) The Board of Adjustment may reverse or affirm (wholly or partly) or
may modify the order, requirement or decision or determination appealed from
and shall make any order, requirement, decision or determination that in its
opinion ought to be made in the case before it. To this end, the board shall
have all the powers of the officer from whom the appeal is taken.
Section 92 Variances.
(a) An application for a variance shall be submitted to the Board of
Adjustment by filing a copy of the application with the administrator.
Applications shall be handled in the same manner as applications for special
use permits in conformity with the provisions of Sections 48, 49, and 56.
(b) A variance may be granted by the Board of Adjustment if it concludes
that strict enforcement of the ordinance would result in practical difficulties
or unnecessary hardships for the applicant and that, by granting the variance,
the spirit of the ordinance will be observed, public safety and welfare secured,
and substantial justice done. It may reach these conclusions if it finds that:
51

(1) If the applicant complies strictly with the provisions of the
ordinance, he can make no reasonable use of his property;
(2) The hardship of which the applicant complains is one suffered by
the applicant rather than by neighbors or'the general public;
(3) The hardship relates to the applicant's land, rather than personal
circumstances;
(4) The hardship is unique, or nearly so, rather than one shared by
many surrounding properties;
(5) The hardship is not the result of the applicant's own actions;
and
(6) The variance will neither result in the extension of a
nonconforming situation in violation of Article VIII nor authorize
the initiation of a nonconforming use of land.
(c) In granting variances, the Board of Adjustment may impose such
reasonable conditions as will ensure that the use of the property to which the
variance applies will be as compatible as practicable with the surrounding
properties.
(d) A variance may be issued for an indefinite duration or for a specified
duration only.
• (e) The nature of the variance and any conditions attached to it shall be
entered on the face of the zoning permit, or the zoning permit may simply note
the issuance of the variance and refer to the written record of the variance
for further information. All such conditions are enforceable in the same manner
as any other applicable requirement of this chapter.
Section 93 Variances From Floodplain or Floodwav Requirements.
(a) Notwithstanding the requirements of Section 92, a variance from any
of the requirements set forth in Article XVI, Part I may be granted by the Board
of Adjustment only in accordance with the provisions of Section 260.
Section 94 Interpretations.
(a) The Board of Adjustment is authorized to interpret the zoning map and
to pass upon disputed questions of lot lines or district boundary lines and
similar questions. If such questions arise in the context of an appeal from a
decision of the administrator, they shall be handled as provided in Section 91.
(b) An application for a map interpretation shall be submitted to the
Board of Adjustment by filing a copy of the application with the office of the
administrator. The application shall contain sufficient information to enable
the board to make the necessary interpretation.
52

(c) Where uncertainty exists as to the boundaries of districts as shown
• on the Official Zoning Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the centerlines
of alleys, streets, highways, streams, or --railroads shall be
construed to follow such centerlines;
(2) Boundaries indicated as approximately following lot lines, town
limits or extraterritorial boundary lines, shall be construed as
following such lines, limits or boundaries;
(3) Boundaries indicated as following shorelines shall be construed
to follow such shorelines, and in the event of change in the
shoreline shall be construed as following such shorelines;
(4) Where a district boundary divides a lot or where distances are
not specifically indicated on the Official Zoning Map, the
boundary shall be determined by measurement, using the scale of
the Official Zoning Map;
(5) Where any street or alley is hereafter officially vacated or
abandoned, the regulations applicable to each parcel of abutting
property shall apply to that portion of such street or alley added
thereto by virtue of such vacation or abandonment.
(d) Interpretations of the location of floodway and floodplain boundary
lines may be made by the administrator as provided in Section 258.
Section 95 Requests to be Heard Expeditiously.
As provided in Section 67, the Board of Adjustment shall hear and decide
all appeals, variance requests, and requests for interpretations as expeditiously
as possible, consistent with the need to follow regularly established agenda
procedures, provide notice in accordance with Article VI, and obtain the
necessary information to make sound decisions.
Section 96 Burden of Proof in Appeals and Variances.
(a) When an appeal is taken to the Board of Adjustment in accordance with
Section 91, the administrator shall have the initial burden of presenting to the
board sufficient evidence and argument to justify the order or decision appealed
from. The burden of presenting evidence and argument to the contrary then shifts
to the appellant, who shall also have the burden of persuasion.
(b) The burden of presenting evidence sufficient to allow the Board of
Adjustment to reach the conclusions set forth in Subsection 92(b), as well as
the burden of persuasion on those issues, remains with the applicant seeking
the variance.
53

Section 97 Board Action on Appeals and Variances.
• (a) With respect to appeals, a motion to reverse, affirm, or modify the
order, requirement, decision, or determination appealed from shall include,
insofar as practicable, a statement of the specific reasons -or findings of facts
that support the motion. If a motion to reverse or modify is not made or fails
to receive the four -fifths vote necessary for adoption (see Section 32), then
a motion to uphold the decision appealed from shall be in order. This motion
is adopted as the board's decision if supported by more than one fifth of the
board's membership (excluding vacant seats).
(b) Before granting a variance, the board must take a separate vote and
vote affirmatively (by a 4/5 majority --see Section 32) on each of the six
required findings stated in Subsection 92(b). Insofar as practicable, a motion
to make an affirmative finding on each of the requirements set forth in
Subsection 92(b) shall include a statement of the specific reasons or findings
of fact supporting such motion.
(c) A motion to deny a variance may be made on the basis that any one or
more of the six criteria set forth in Subsection 92(b) are not satisfied or that
the application is incomplete. Insofar as practicable, such a motion shall
include a statement of the specific reasons or findings of fact that support it.
This motion is adopted as the board's decision if supported by more than one
fifth of the board's membership (excluding vacant seats).
Sections 98 through 100 Reserved.
•
•
54

ARTICLE YI
HEARING PROCEDURES FOR APPEALS AND APPLICATIONS
Section 101 Hearing Required on Appeals and Applications.
(a) Before making a decision on an appeal or an application for a variance,
special use permit, or conditional use permit, or a petition from the
administrator to revoke a special use permit or conditional use permit, the Board
of Adjustment or the Town Council as the case may be, shall hold a hearing on
the appeal or application.
(b) Subject to subsection (c), the hearing shall be open to the public
and all persons interested in the outcome of the appeal or application shall be
given an opportunity to present evidence and arguments and ask questions of
persons who testify.
(c) The Board of Adjustment or Council may place reasonable and equitable
limitations on the presentation of evidence and arguments and the cross
examination of witnesses so that the matter at issue may be heard and decided
without undue delay.
(d) The hearing board may continue the hearing until a subsequent meeting
and may keep the hearing open to take additional information up to the point a
final decision is made. No further notice of a continued hearing need be
published unless a period of six weeks or more elapses between hearing dates.
• Section 102 Notice of Hearing.
The administrator shall give notice of any hearing required by Section 101
as follows:
(1) Notice shall be given to the appellant or applicant and any other
person who makes a written request for such notice by mailing to
such persons a written notice not later than ten days before the
hearing.
(2) Notice shall be given to neighboring property owners by mailing
a written notice not later than ten days before the hearing to
those persons who have listed for taxation real property any
portion of which is located within 100 feet of the lot that is
the subject of the application or appeal. Notice shall also be
given by prominently posting signs in the vicinity of the property
that is the subject of the proposed action. Such signs shall be
posted not less than seven days prior to the hearing.
(3) In the case of conditional use permits, notice shall be given to
other potentially interested persons by publishing a notice in
a newspaper having general circulation in the area one time not
less than ten nor more than twenty-five days prior to the hearing.
55

(4) The notice required by this -section shall state the date, time
and -place of the hearing, reasonably identify the lot that is the
• subject of the application or appeal, and give a brief description
of the action requested or proposed.
Section 103 Evidence.
(a) The provisions of this section apply to all hearings for which a notice
is required by Section 101.
(b) All persons who intend to present evidence to the permit issuing board,
rather than arguments only, shall be sworn.
(c) All findings and conclusions necessary to the issuance or denial of
the requested permit or appeal (crucial findings) shall be based upon reliable
evidence. Competent evidence (evidence admissible in a court of law) shall be
preferred whenever reasonably available, but in no case may crucial findings be
based solely upon incompetent evidence unless competent evidence is not
reasonably available, the evidence in question appears to be particularly
reliable, and the matter at issue is not seriously disputed.
Section 104 Modification of Application at Hearing.
(a) In response to questions or comments by persons appearing at the
hearing or to suggestions or recommendations by the Town Council or Board of
Adjustment, the applicant may agree to modify his application, including the
• plans and specifications submitted.
i
(b) Unless such modifications are so substantial or extensive that the
board cannot reasonably be expected to perceive the nature and impact of the
proposed changes without revised plans before it, the board may approve the
application with the stipulation that the permit will not be issued until plans
reflecting the agreed upon changes are submitted to the administrator.
Section 105 Record.
(a) A tape recording shall be made of all hearings required by Section
101, and such recordings shall be kept for at least two years. Accurate minutes
shall also be kept of all such proceedings, but a transcript need not be made.
(b) Whenever practicable, all documentary evidence presented at a hearing
as well as all other types of physical evidence shall be made a part of the
record of the proceedings and shall be kept by the town for at least two years.
56

Section 106 Written Decision.
(a) Any decision made by the Board of Adjustment or Town Council regarding
an appeal or variance or issuance or revocation of a conditional use permit or
special use permit shall be reduced to writing and served upon the applicant or
appellant and all other persons who make a written request for a copy.
(b) In addition to a statement of the board's ultimate disposition of the
case and any other information deemed appropriate, the written decision shall
state the board's findings and conclusions, as well as supporting reasons or
facts, whenever this chapter requires the same as a prerequisite to taking
action.
Sections 107 through 110 Reserved.
n
U
57

ARTICLE VII
ENFORCEMENT AND REVIEW
Section III Complaints Regarding Violations.
Whenever the administrator receives a written, signed complaint alleging
a violation of this ordinance, he shall investigate the complaint, take whatever
action is warranted, and inform the complainant in writing what actions have been
or will be taken.
Section 112 Persons Liable.
The owner, tenant, or occupant of any building or land or -part thereof and
any architect, builder, contractor, agent or other person who participates in,
assists, directs, creates, or maintains any situation that is contrary to the
requirements of this ordinance may be held responsible for the violation and
suffer the penalties and be subject to the remedies herein provided.
Section 113 Procedures Upon Discovery of Violations.
(a) If the administrator finds that any provision of this ordinance is
being violated, he shall send a written notice to the person responsible for
such violation, indicating the nature of the violation and ordering the action
necessary to correct it. Additional written notices may be sent at the
• administrator's discretion.
(b) The final written notice (and the initial written notice may be the
final notice) shall state what action the administrator intends to take if the
violation is not corrected and shall advise that the administrator's decision
or order may be appealed to the Board of Adjustment in accordance with Section
91.
(c) Notwithstanding the foregoing, in cases when delay would seriously
threaten the effective enforcement of this ordinance or pose a danger to the
public health, safety, or welfare, the administrator may seek enforcement without
prior written notice by invoking any of the penalties or remedies authorized in
Section 114.
Section 114 Penalties and Remedies for Violations.
(a) Violations of the provisions of this ordinance or failure to comply
with any of its requirements, including violations of any conditions and
safeguards established in connection with grants of variances or special use or
conditional use permits, shall constitute a misdemeanor, punishable by a fine
Of up to fifty dollars per day that the violation continues to exist, or a
maximum thirty days imprisonment.
58

(b) Any act constituting a violation,of the provisions of this ordinance
or a failure to comply with any of its requirements, including violations of any
• conditions and safeguards established in connection with the grants of variances
or special use or conditional use permits, shall also subject the offender to
a civil penalty of fifty dollars. If the offender fails -to pay this penalty
within ten days after being cited for a violation, the penalty may be recovered
by the town in a civil action in the nature of debt. A civil penalty may not
be appealed to the Board of Adjustment if the offender was sent a final notice
of violation in accordance with Section 113 and did not take an appeal to the
Board of Adjustment within the prescribed time.
(c) This ordinance may also be enforced by any appropriate equitable
action.
(d) Each day that any violation continues after notification by the
administrator that such violation exists shall be considered a separate offense
for purposes of the penalties and remedies specified in this section.
(e) Any one, all, or any combination of the foregoing penalties and
remedies may be used to enforce this ordinance.
Section 115 Permit Revocation.
(a) A zoning, sign, special use, or conditional use permit may be revoked
by the permit issuing authority (in accordance with the provisions of this
section) if the permit recipient fails to develop or maintain the property in
accordance with the plans submitted, the requirements of this ordinance, or any
• additional requirements lawfully imposed by the permit issuing board.
(b) Before a conditional use or special use permit may be revoked, all of
the notice and hearing and other requirements of Article VI shall be complied
with. The notice shall inform the permit recipient of the alleged grounds for
the revocation.
(1) The burden of presenting evidence sufficient to authorize the
permit -issuing authority to conclude that a permit should be
revoked for any of the reasons set forth in subsection (a) shall
be upon the party advocating that position. The burden of
persuasion shall also be upon that party.
(2) A motion to revoke a permit shall include, insofar as practicable,
a statement of the specific reasons or findings of fact that
support the motion.
(c) Before a zoning or sign permit may be revoked, the administrator shall
give the permit recipient ten days notice of intent to revoke the permit and
shall inform the recipient of the alleged reasons -for the revocation and of his
right to obtain an informal hearing on the allegations. If the permit is
revoked, the administrator shall provide to the permittee a written statement
of the decision and the reasons therefor.
59

(d) No person may continue to make use of land or buildings in the manner
authorized by any zoning, sign, special use or conditional use permit after such
• permit has been revoked in accordance with this section.
Section 116 Judicial Review.
(a) Every decision of the Town Council granting or denying a conditional
use permit and every final decision of the Board of Adjustment shall be subject
to review by the Superior Court of Chowan County by proceedings in the nature
of certiorari.
(b) The petition for the writ of certiorari must be filed with the Chowan
County Clerk of Court within 30 days after the later of the following
occurrences:
(1) A written copy of the board's decision (see Section 106) has been
filed in the office of the administrator; and
(2) A written copy of the board's decision (see Section 106) has been
delivered, by personal service or certified mail, return receipt
requested, to the applicant or appellant and every other aggrieved
party who has filed a written request for such copy at the hearing
of the case.
(c) A copy of the writ of certiorari shall be served upon the Town of
Edenton.
• Sections 117 through 120 Reserved.
W,

ARTICLE VIII
NONCONFORMING SITUATIONS
Section 121 Definitions.
Unless otherwise specifically provided or unless clearly required by the
context, the words and phrases defined in this section shall have the meaning
indicated when used in this article.
(1) 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.
(2) Effective Date of This Chanter. Whenever this article refers to
the effective date of this chapter, the reference shall be deemed
to include the effective date of any amendments to this chapter
if the amendment, rather than this chapter as originally adopted,
creates a nonconforming situation.
(3) Expenditure. A sum of money paid out in return for some benefit
or to fulfill some obligation. The term also includes binding
contractual commitments to make future expenditures, as well as
any other substantial changes in position.
• (4) Nonconforming Lot. A lot existing at the effective date of this
chapter (and not created for the purposes of evading the
restrictions of this chapter) that does not meet the minimum area
requirement of the district in which the lot is located.
(5) Nonconforming Project. Any structure, development, or undertaking
that is incomplete at the effective date of this chapter and would
be inconsistent with any regulation applicable to the district
in which it is located if completed as proposed or planned.
(6) Nonconforming Sign. A sign (see Section 15 for definition) that,
on the effective date of this chapter does not conform to one or
more of the regulations set forth in this chapter, particularly
Article XVII, Signs. See Section 129 for specific provisions
regarding nonconforming signs.
(7) 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.)
A

(8) Nonconforming Situation: A -situation that occurs when, on the
effective date of this chapter, 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 exceed maximum
height limitations, because the relationship between existing
buildings and the land (in such matters as density and set -back
requirements) is not in conformity with this chapter, because
signs do not meet the requirements of Article XVII of this
chapter, or because land or buildings are used for purposes made
unlawful by this chapter.
(a) Unless otherwise specifically provided in this chapter (e.g., Section
129, Nonconforming Signs), and subject to the restrictions and qualifications
set forth in Sections 123 through 128, nonconforming situations that were
otherwise lawful on the effective date of this chapter may be continued.
(b) Nonconforming projects may be completed only in accordance with the
provisions of Section 128.
Section 123 Nonconforming Lots.
• (a) When a nonconforming lot can be used in conformity
the
regulations applicable to the intended use, except that the lot was smaller fthan
the required minimums set forth in Section 181, then the lot may be used as
proposed just as if it were conforming. However, no use (e.g., a two-family
residence) that requires a greater lot size than the established minimum lot size
for a particular zone is permissible on a nonconforming lot.
(b) When the use proposed for a nonconforming lot is one that is conforming
in all other respects but the applicable setback requirements (Section 184)
cannot reasonably be complied with, then the entity authorized by this chapter
to issue a permit for the proposed use (the administrator, Board of Adjustment,
or Council) may allow deviations from the applicable setback requirements if it
finds that:
(1) The property cannot reasonably be developed for the use proposed
without such deviations;
(2) These deviations are necessitated by the size or shape of the
nonconforming lot; and
(3) The property can be developed as proposed without any
significantly adverse impact on surrounding properties or the
public health or safety.
62

(c) For purposes of subsection (b),-compliance with applicable building
setback requirements is not reasonably possible if a building that serves the
• minimal needs of the use proposed for the nonconforming lot cannot practicably
be constructed and located on the lot in conformity with such setback
requirements. However, mere financial hardship does not constitute grounds for
finding that compliance is not reasonably possible.
(d) This section applies only to undeveloped nonconforming lots. A lot
is undeveloped if it has no substantial structures upon it. A change in use of
a developed nonconforming lot may be accomplished in accordance with Section 126.
(e) Subject to the following sentence, if, on the date this section becomes
effective, an undeveloped nonconforming lot adjoins and has continuous frontage
with one or more other undeveloped lots under the same ownership, then neither
the owner of the nonconforming lot nor his successors in interest may take
advantage of the provisions of this section. This subsection shall not apply
to a nonconforming lot if a majority of the developed lots located on either side
of the street where such lot is located and within 500 feet of such lot are also
nonconforming. The intent of this subsection is to require nonconforming lots
to be combined with other undeveloped lots to create conforming lots under the
circumstances specified herein, but not to require such combination when that
would be out of character with the way the neighborhood has previously been
developed.
Section 124 Extension or Enlargement of Nonconforming Situations.
(a) Except as specifically provided -in this section, no person may engage
• in any activity that causes an increase in the extent of nonconformity of a
nonconforming situation. In particular, physical alteration of structures or
the placement of new structures on open land is unlawful if such activity results
in:
(1) An increase in the total amount of space devoted to a
nonconforming use; or
(2) Greater nonconformity with respect to dimensional restrictions
such as setback requirements, height limitations or density
requirements or other requirements such as parking requirements.
(b) Subject to subsection (d), a nonconforming use may be extended
throughout any portion of a completed building that, when the use was made
nonconforming by this chapter, was manifestly designed or arranged to accommodate
such use. However, subject to Section 128 (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 128 (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
63

from the lot (e.g., a sand pit) may be expanded to the boundaries of the lot
where the use was established at the time it became nonconforming if ten percent
• or more of the earth products had already been removed on the effective date of
this chapter.
(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) Notwithstanding subsection (a), any structure used for single-family
residential purposes and maintained as a nonconforming use may be enlarged or
replaced with a similar structure of a larger size, so long as the enlargement
or replacement does not create new nonconformities or increase the extent of
existing nonconformities with respect to such matters as setback and parking
requirements. This paragraph is subject to the limitations stated in Section
127 (abandonment and discontinuance of nonconforming situations).
(f) Notwithstanding subsection (a), whenever: (i) there exists a lot with
one or more structures on it; and (ii) a change in use that does not involve any
enlargement of a structure is proposed for such lot; and (iii) the parking or
loading requirements of Article XVIII that would be applicable as a result of
the proposed change cannot be satisfied on such lot because there is not
sufficient area available on the lot that can practicably be used for parking
or loading, then the proposed use shall not be regarded as resulting in an
impermissible extension or enlargement of a nonconforming situation. However,
the applicant shall be required to comply with all applicable parking and loading
requirements that can be satisfied without acquiring additional land, and shall
also be required to obtain satellite parking in accordance with Section 297 if:
(i) parking requirements cannot be satisfied on the lot with respect to which
the permit is required; and (ii) such satellite parking is reasonably available.
If such satellite parking is not reasonably available at the time the zoning or
special or conditional use permit is granted, then the permit recipient shall
be required to obtain it if and when it does become reasonably available. This
requirement shall be a continuing condition of the permit.
Section 125 Reoair Maintenance and Reconstruction
(a) 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 twenty-five percent of the appraised
valuation of the structure to be renovated may be done only in accordance with
a special use permit issued pursuant to this section.
(b) If a structure located on a lot where a nonconforming situation exists
is damaged to an extent that the costs of repair or replacement would exceed
twenty-five percent of the appraised valuation of the damaged structure, then
the damaged structure may be repaired or replaced only in accordance with a
zoning permit issued pursuant to this section. This subsection does not apply
to structures used for single-family residential purposes, which structures may
be reconstructed pursuant to a zoning permit just as they may be enlarged or
• replaced as provided in Subsection 124(e).
64

(c) For purposes of subsections (a) and (b):
(1) The "cost" of renovation or repair or replacement shall mean the
fair market value of the materials and services necessary to
accomplish such renovation, repair, or replacement.
(2) The "cost" of renovation or repair or replacement shall mean the
total cost of all such intended work, and no person may seek to
avoid the intent of subsections (a) or (b) by doing such work
incrementally.
(3) The "appraised valuation" shall mean either the appraised
valuation for property tax purposes, updated as necessary by the
increase in the consumer price index since the date of the last
valuation, or the valuation determined by a professionally
recognized property appraiser.
(d) The administrator shall issue a permit authorized by this section if
he finds that, in completing the renovation, repair or replacement work:
(1) No violation of Section 124 will occur; and
(2) The permittee will comply to the extent reasonably possible with
all provisions of this chapter applicable to the existing use
(except that the permittee shall not lose his right to continue
a nonconforming use).
• Compliance with a requirement of this section is not reasonably possible if
compliance cannot be achieved without adding additional land to the lot where
the nonconforming situation is maintained or moving a substantial structure that
is on a permanent foundation. Mere financial hardship caused by the cost of
meeting such requirements as paved parking does not constitute grounds for
finding that compliance is not reasonably possible.
(a) A change in use of property that is sufficiently substantial to require
a new zoning, special use, or conditional use permit in accordance with Section
46 may not be made except in accordance with subsections (b) through (d).
However, this requirement shall not apply if only a sign permit is needed.
(b) If the intended change in use is to a
in the district where the property is located,
of this chapter applicable to that use can be
the change must be obtained in the same manner
use of a vacant lot. Once conformity with this
may not revert to its nonconforming status.
principal use that is permissible
and all of the other requirements
complied with, permission to make
as permission to make the initial
chapter is achieved, the property
(c) If the intended change in use is to a principal use that is permissible
in the district where the property is located, but all of the requirements of
this chapter applicable to that use cannot reasonably be complied with, then the
65

change is permissible if the Board of Adjustment issues a special use permit
authorizing the change. This special use permit may be issued if the Board of
• Adjustment finds, in addition to any other findings that may be required by this
chapter, that:
(1) The intended change will not result in a violation of Section
124; and
(2) All of the applicable requirements of this section that can
reasonably be complied with will be complied with. Compliance
with a requirement of this section is not reasonably possible if
compliance cannot be achieved without adding additional land to
the lot where the nonconforming situation is maintained or moving
a substantial structure that is on a permanent foundation. Mere
financial hardship caused by the cost of meeting such requirements
as paved parking does not constitute grounds for finding that
compliance is not reasonably possible. And in no case may an
applicant be given permission pursuant to this subsection to
construct a building or add to an existing building if additional
nonconformities would thereby be created.
(d) If the intended change in use is to another principal use that is also
nonconforming, then the change is permissible if the Board of Adjustment issues
a special use permit authorizing the change. The Board of Adjustment may issue
the special use permit if it finds, in addition to other findings that may be
required by this chapter, that:
• (1) The use requested is one that is permissible in some zoning
district with either a zoning, special use, or conditional use
permit; and
(2) All of the conditions applicable to the permit authorized in
subsection (c) of this section are satisfied; and
(3) The proposed development will have less of an adverse impact on
those most affected by it and will be more compatible with the
surrounding neighborhood than the use in operation at the time
the permit is applied for.
(a) When a nonconforming use is (i) discontinued for a consecutive period
of 180 days, or (ii) discontinued for any period of time without a present
intention to reinstate the nonconforming use, the property involved may
thereafter be used only for conforming purposes.
(b) If the principal activity on property where a nonconforming situation
other than a nonconforming use exists is (i) discontinued for a consecutive
period of 180 days, or (ii) discontinued for any period of time without a present
intention of resuming that activity, then that property.may thereafter be used
only in conformity with all of the regulations applicable to the preexisting use
is
unless the Board of Adjustment issues a special use permit* to allow the property
66

to be used for this purpose without correcting the nonconforming situations.
This special use permit may be issued if the Board of Adjustment finds that
• eliminating a particular nonconformity is not reasonably possible (i.e., cannot
be accomplished without adding additional land to the lot where the nonconforming
situation is maintained or moving a substantial structure that is on a permanent
foundation). The special use permit shall specify which non -conformities need
not be corrected.
(c) For purposes of determining whether a right to continue a nonconforming
situation is lost pursuant to this section, all of the buildings, activities,
and operations maintained on a lot are generally to be considered as a whole.
For example, the failure to rent one apartment in a nonconforming apartment
building for 180 days shall not result in a loss of the right to rent that
apartment or space thereafter so long as the apartment building as a whole is
continuously maintained. But if a nonconforming use is maintained in conjunction
with a conforming use, discontinuance of a nonconforming use for the required
period shall terminate the right to maintain it thereafter.
(d) When a structure or operation made nonconforming by this chapter is
vacant or discontinued at the effective date of this chapter, the 180-day period
for purposes of this section begins to run on the effective date of this chapter.
Section 128 Completion of Nonconforming Proiects.
(a) All nonconforming projects on which construction was begun at least
180 days before the effective date of this chapter as well as all nonconforming
• projects that are at least ten percent completed in terms of the total expected
cost of the project on the effective date of this chapter may be completed in
accordance with the terms of their permits, so long as these permits were validly
issued and remain unrevoked and unexpired. If a development is designed to be
completed in stages, this subsection shall apply only to the particular phase
under construction. In addition, as provided in G.S. 160A-385, neither this
ordinance nor any amendment to it shall, without the consent of the property
owner, affect any lot with respect to which a building permit has been issued
pursuant to G.S. 160A-417 prior to the enactment of the ordinance making the
change so long as the building permit remains valid, unexpired, and unrevoked.
(b) Except as provided in subsection (a), all work on any nonconforming
project shall cease on the effective date of this chapter, and all permits
previously issued for work on nonconforming projects may begin or may be
continued only pursuant to a zoning, special use, conditional use, or sign permit
issued in accordance with this section by the individual or board authorized by
this chapter to issue permits for the type of development proposed. The permit
issuing authority shall issue such a permit if it finds that the applicant has
in good faith made substantial expenditures or incurred substantial binding
obligations or otherwise changed his position -in some substantial way in
reasonable reliance on the land use law as it existed before the effective date
of this chapter and thereby would be unreasonably prejudiced if not allowed to
complete his project as proposed. In considering whether these findings may be
made, the permit issuing authority shall be guided by the following, as well as
other relevant considerations:
67

(1) All expenditures made to obtain or pursuant to a validly issued
and•unrevoked building, zoning, sign, or special or conditional
use permit shall be considered as evidence of reasonable reliance
on the land use law that existed before this chapter became
effective.
(2) Except as provided in subdivision (b)(1), no expenditures made
more than 180 days before the effective date of this chapter may
be considered as evidence of reasonable reliance on the land use
law that existed before this chapter became effective. An
expenditure is made at the time a party incurs a binding
obligation to make that expenditure.
(3) 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 some expenditure to acquire a potential
development site if the property obtained is approximately as
valuable under the new classification as it was under the old,
for the expenditure can be recovered by a resale of the property.
(4) To the extent that a nonconforming project can be made conforming
and that expenditures made or obligations incurred can be
effectively utilized in the completion of a conforming project,
a party shall not be considered prejudiced by having made such
expenditures.
• (5) An expenditure shall be. considered substantial if it is
significant both in dollar amount and in terms of (i) the total
estimated cost of the proposed project, and (ii) the ordinary
business practices of the developer.
(6) 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.
is
(7) Even though a person had actual knowledge of a proposed change
in the land use law affecting a development site, the permit
issuing authority 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 permit
issuing authority may find that the developer did not proceed in
an attempt to undermine the proposed ordinance if it determines
that (i) 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
prohibit the intended development, and (ii) the developer had
legitimate business reasons for making expenditures.
T

(8) In deciding whether a permit -should be issued under this section,
the- permit issuing authority shall not be limited to either
• denying a permit altogether or issuing a permit to complete the
project (or phases, sections, or stages thereof) as originally
proposed or approved. Upon proper submission of plans by the
applicant, the permit issuing authority may also issue a permit
authorizing a development that is less nonconforming than the
project as originally proposed or approved but that still does
not comply with all the provisions of the ordinance making the
project nonconforming.
(c) When it appears from the developer's plans or otherwise that a project
was intended to be or reasonably could be completed in phases, stages, segments,
or other discrete units, the developer shall be allowed to complete only those
phases or segments with respect to which the developer can make the showing
required under subsection (b). In addition to the matters and subject to the
guidelines set forth in Subdivisions (1) through (6) of subsection (b), the
permit issuing authority shall, in determining whether a developer would be
unreasonably prejudiced if not allowed to complete phases or segments of a
nonconforming project, consider the following in addition to other relevant
factors:
(1) Whether any plans prepared or approved regarding uncompleted
phases constitute conceptual plans only or construction drawings
based upon detailed surveying, architectural, or engineering work.
(2) Whether any improvements, such as streets or utilities, have been
installed in phases not yet completed.
(3) Whether utilities and other facilities installed in completed
phases have been constructed in such a manner or location or such
a scale, in anticipation of connection to or interrelationship
with approved but uncompleted phases, that the investment in such
utilities or other facilities cannot be recouped if such approved
but uncompleted phases are constructed in conformity with existing
regulations.
(d) The permit issuing authority shall not consider any application for
the permit authorized by subsection (b) that is submitted more than sixty days
after the effective date of this chapter. The permit issuing authority may
waive this requirement for good cause shown, but in no case may it extend the
application deadline beyond one year.
(e) The administrator shall send copies of this section to the persons
listed as owners for tax purposes (and developers, if different from the owners)
of all properties in regard to which permits have been issued for nonconforming
projects or in regard to which a nonconforming project is otherwise known to be
in some stage of development. This notice shall be sent by certified mail not
less than fifteen days before the effective date of this chapter.
(f) The permit issuing authority shall establish expedited procedures for
hearing applications for permits under this section. These applications shall
be heard, whenever possible, before the effective date of this chapter, so that
• construction work is not needlessly interrupted.

Section 129 Nonconforming Signs.
Signs in existence on the effective date of this ordinance which do not
conform to the provisions of this ordinance, but which were constructed, erected,
affixed or maintained in compliance with all previous regulations, shall be
regarded as nonconforming signs. All nonconforming signs shall be removed within
five years after the effective date of this ordinance. Although it is not this
intent of the ordinance to encourage the continued use of nonconforming signs,
during the five-year amortization period, nonconforming signs shall be allowed
to continue and a decision as to the continued existence and use or removal of
such signs during the amortization period shall be controlled as follows:
(1) No nonconforming sign shall be changed to another nonconforming
sign.
(2) No nonconforming sign shall have any changes made in the words
or symbols used or the message displayed on the sign unless the
sign is specifically designed for periodic change of message.
(3) No nonconforming sign shall be structurally altered so as to
change the shape, size, type or design of the .sign.
(4) No nonconforming sign shall be re-established after the activity,
business or use to which it relates has been discontinued and such
sign shall be removed.
• (5) No nonconforming sign shall be re-established and all remains of
the sign must be removed after damage or destruction, if the
estimated expense of repairs exceeds fifty percent of the
estimated total value of the sign at the time of destruction.
If damaged by less than fifty percent, but repairs are not made
within three months of the time such damage occurred, the
nonconforming sign shall not be allowed to continue and must be
removed.
(6) No nonconforming sign shall be relocated.
Signs located on premises which come within the zoning jurisdiction
of the Town of Edenton after the effective date of this ordinance and which signs
do not comply with the provisions of this ordinance shall be subject to the
requirements listed above, including the five-year amortization schedule.
Any nonconforming sign which is structurally altered, relocated or
replaced shall immediately be brought into compliance with all the provisions
of this ordinance.
Signs in existence on the effective date of this ordinance which do
not comply with provisions regulating use of strobe lights, ziplights, flashing
lights or rotating beacons; flags, streamers or strings of Tights; or permanently
installed or situated merchandise, shall be made to conform within ninety days
form the effective date of this ordinance.
VIC

The administrator shall order the removal of any sign maintained in
violation of the provisions of this section for which removal procedures are
herein prescribed, accordingly: the administrator shall give ninety days written
notice to the owner or lessee to remove the sign or to bring it into compliance
with this ordinance. If the owner or lessee fails to remove the sign within
ninety days after the ninety -day written notice has been given, the administrator
or his duly authorized representative may institute removal proceedings according
to the procedures specified in G.S. 160A-175.
Section 130 Termination of Miscellaneous Nonconforming Situations.
(a) Within one year after the effective date of this chapter, any use as
described in Subsection 149(c)(3) shall cease, and thereafter any situation in
violation of that subdivision shall no longer be regarded as a lawful
nonconforming situation.
(b) Within thirty days after the effective date of this chapter, any use
as described in Subsection 149(c)(4) shall cease, and thereafter any situation
in violation of that subdivision shall no longer be regarded as a lawful
nonconforming situation.
Sections 131 through 134 Reserved.
C
71

ARTICLE IX
• ZONING DISTRICTS AND ZONING MAP
Part 1. Zoning Districts
Section 135 Residential Districts Established.
(a) The following residential districts are hereby established: RA,
R-20, R-14, R-10, and R-5. Each of these districts is designed and intended to
secure for the persons who reside there a comfortable, healthy, safe, and
pleasant environment in which to live, sheltered from incompatible and disruptive
activities that properly belong in nonresidential districts. Other objectives
of some of these districts are explained in the remainder of this section.
(b) The RA District is established as a district in which the
principal use of land is for very low -density, single-family residential and
agricultural purposes (1 dwelling unit per 5 acres). The regulations of this
district are intended to protect prime agricultural land, as defined by the Soil
Conservation Service, from an influx of users likely to render it undesirable
for farms and low -density residential development.
(c) The R-20 District is established to allow a variety of single-
family residential agricultural land uses, at a low -density of approximately
2.1 dwelling units per acre, which are interspersed with large, undeveloped open
areas.
• (d) The R-14 District is established to allow - principally single-
family residences and other compatible uses permitted by conditional use permit
at a density of approximately 3.1 dwelling units per acre.
(e) The R-10 District is established as a district in which to allow
primarily single-family and two-family residences and other compatible uses
permitted by conditional use permit at a density of approximately 4.13 dwelling
units per acres.
(f) The R-5 District is established as a district in which to allow
primarily single-family, two-family and multi -family residences at a medium
density of approximately 8.7 dwelling units per acre.
Section 136 Commercial Districts Established
(a) The following commercial districts are hereby established: MA,
CD, CN, CH, and OS. Each of these districts is created to accomplish the
purposes and serve the objectives set forth in the remainder of this section.
(b) The MA District is established as a district in which to allow
health care facilities including hospitals, medical and, dental offices and
clinics, and related health care uses.
72

(c) The CD District is established as a district in which to
accommodate a wide variety of commercial activities (particularly those that
are pedestrian -oriented) in an intensive development pattern in the town's
central business district. The regulations of this district are intended to
(i) preserve the general character and integrity of the current development in
the central business district; (ii) encourage land uses which provide for a
multi -purpose central business district including retail, offices, services,
entertainment, and living space; (iii) encourage land uses which do not require
large amounts of outdoor use areas; and (iv) encourage common or shared off-
street parking.
(d) The CN District is established as a district in which to allow
small, limited retail service land uses which provide goods and services
primarily to surrounding residential neighborhoods. The major objectives of
this district are to (i) encourage the location of convenience retail
establishments, professional services, and professional offices so as to be as
compatible as possible with surrounding residential uses; (ii) discourage
intensive land uses which require large amounts of land area; and (iii) limit
large vehicular traffic -generating uses to major streets.
(e) The CH District is established as a district in which to
accommodate highway -oriented retail and commercial service businesses which
generally have as their market area the entire town and surrounding area. The
major objectives of this district are to (i) encourage planned commercial and
office parks; (ii) discourage small lot development on major highways; (iii)
encourage vehicular access from service drives and other local commercial streets
rather than directly from arterial streets; and (iv) provide a location for major
shopping facilities and land uses requiring large outdoor spaces.
• (f) The OS District is designed to accommoda
te ate office and service
uses as well as medium -density residential uses. The major objectives of this
district are to (1) encourage land uses which serve as an adequate buffer between
intensive non-residential and residential uses; (2) provide aesthetic controls
and dimensional requirements to ensure compatible office and service development
with surrounding residential uses; and (3) encourage a mixture of medium:density
residential uses with offices and services.
Section 137 Industrial Districts Established
The IW District is established as a district in which to allow
primarily light manufacturing, assembly, research, warehousing, and intensive
commercial uses. The regulations of this district are intended to (i) encourage
light manufacturing and intensive commercial uses as well as accessory land uses
incidental to and in support of manufacturing uses; (ii) exclude heavy industry,
major retail, and residences as acceptable land uses; and (iii) preserve
locations that are best suited for industrial development. Land uses in the IW
District are limited to those determined to be compatible with the character of
the community. Uses permitted in the IW Districts -are restricted to the SIC code
- designated uses delineated in Section 166.
73

Section 138 Overlay Districts Established
(a) Three special control overlay districts are hereby established:
FHO (Flood Hazard Overlay), AHO (Airport Hazard Overlay) and HO (Historic
Overlay). These special control overlay districts a -re intended to be
superimposed over the underlying general zoning district and the land so
encumbered may be used in a manner permitted in the underlying district only if
and to the extent such use is also permitted in the applicable overlay district.
The specific objectives of each of these overlay districts are explained in the
remainder of this section.
(b) The FHO District is established as an overlay district of all
general zoning districts for the purpose of protecting people and property from
the hazards of flooding. The flood hazard districts are further described in
Part I of Article XVI of this ordinance.
(c) The AHO District is established as an overlay district of all
general zoning districts in the vicinity of the Edenton Municipal Airport. The
purpose of the AHO is to protect the airport environs from encroachment of
incompatible land uses which present hazards to users of the airport as well as
to persons residing or working in the airport vicinity. The additional
regulations imposed in the AHO are designed to (i) place additional height
restrictions on buildings and trees; (ii) control the above -ground storage of
flammable materials; and (iii) control the locations of high -density residential
uses and places of assembly. The additional regulations governing land
development in the AHO district are delineated in Section 167.
is general
The HO District is established as an overlay district for all
general zoning districts that contain structures or other facilities of historic
significance. The purpose of the HO is to protect and conserve the heritage and
character of the Edenton community by providing for the preservation of
designated areas within the planning jurisdiction. No new historic districts
nor any change to the boundaries of any existing historic district shall be
designated until the North Carolina Department of Cultural Resources shall have
been given an opportunity, in accordance with Chapter 160A, Article 19,-Part 3A
of the N.C. General Statutes, to make recommendations with respect to the
establishment of such new district or change in the boundaries of an existing
district. The additional regulations governing land development in the HO
district are delineated in Section 168.
Section 139 through 141 Reserved
Part II. Zoning Map
Section 142 Official Zoning Mao.
(a) There shall be a map known and designated as the Official Zoning
Map, which shall show the boundaries of all zoning districts within the town's
planning jurisdiction. This map shall be drawn on acetate or other durable
material from which prints can be made, shall be dated, and shall be kept in the
is
office of the Edenton Building Inspector and Edenton Town Clerk.
74

(b) The -Official Zoning Map dated November 14, 1989 is adopted and
• incorporated herein by reference. Amendments to this map shall be made and
posted in accordance with Section 143.
(c) Should the Official Zoning Map be lost, destroyed, or damaged,
the administrator may have a new map drawn on acetate or other durable material
from which prints can be made. No further Council authorization or action is
required so long as no district boundaries are changed in this process.
Section 143 Amendments to Official Zoning Mau.
(a) Amendments to the Official Zoning Map are accomplished using the
same procedures that apply to other amendments to this ordinance, as set forth
in Article XX.
(b) The administrator shall update the Official Zoning Map as soon
as possible after amendments to it are adopted by the Board. Upon entering any
such amendment on the map, the administrator shall change the date of the map
to indicate its latest revision. New prints of the updated map may then be
issued.
Map. (c) No unauthorized person may alter or modify the Official Zoning
(d) The building inspection department shall keep copies of superseded
• prints of the zoning map for historical reference.
Sections 144 and 145 Reserved.
75

ARTICLE X
• PERMISSIBLE USES
Section 146 Table of Permissible Uses.
The Table of Permissible Uses ( see pages 82-92) should be read in close
conjunction with the definitions of terms set forth in Section 15 and the other
interpretative provisions set forth in this article.
Section 147 Use of the Designations Z S. C in Table of Permissible Uses.
(a) Subject to Section 148, when used in connection with a particular use
in the Table of Permissible Uses (Section 146), the letter "Z" means that the
use is permissible in the indicated zone with a zoning permit issued by the
administrator. The letter "S" means a special use permit must be obtained from
the Board of Adjustment, and the letter "C" means a conditional use permit must
be obtained from the Town Council.
(b) When used in connection with multi -family residential uses (use
classification 1.300), the designation "ZC" means that such developments within
the H zoning district of two dwelling units or less must be pursuant to a zoning
permit and developments of three or more units need a conditional use permit.
Within all other zoning districts, such developments of four dwelling units or
less must be pursuant to a zoning permit and developments of five or more units
• need a conditional use permit.
10
(c) Use of the designation Z,S,C for combination uses is explained in
Section 154.
Notwithstanding any other provisions of this article, whenever the Table
of Permissible Uses (interpreted in the light of Section 147 and the other
provisions of this article) provides that a use in a nonresidential zone or a
nonconforming use in a residential zone is permissible with a zoning permit, a
special use permit shall nevertheless be required if the administrator finds that
the proposed use would have an extraordinary impact on neighboring properties
or the general public. In making this determination, the administrator shall
consider, among other factors, whether the use is proposed for an undeveloped
or previously developed lot, whether the proposed use constitutes a change from
one principal use classification to another, whether the use is proposed for a
site that poses peculiar traffic or other hazards or difficulties, and whether
the proposed use is substantially unique or is likely to have impacts that differ
substantially from those presented by other uses that are permissible in the
zoning district in question.
76

Section 149 Permissible Uses and Specific -Exclusions.
• (a) The presumption established by this chapter is that all legitimate
uses of land are permissible within at least one zoning district in the town's
planning jurisdiction. Therefore, because the list of permis-sible uses set forth
in Section 146 (Table of Permissible Uses) cannot be all-inclusive, those uses
that are listed shall be interpreted liberally to include other uses that have
similar impacts to the listed uses.
(b) If a use cannot be interpreted by the administrator for inclusion in
the Table of Permissible Uses (Section 146) as provided for in subsection (a),
that use shall be prohibited. Section 146 (Table of Permissible Uses) shall not
be interpreted to allow a use in one zoning district when the use in question
is more closely related to another specified use that is permissible in other
zoning districts.
(c) Without limiting the generality of the foregoing provisions, the
following uses are specifically prohibited in all districts:
(1) Any use that involves the manufacture, handling, sale,
distribution, or storage of any highly combustible or explosive
materials in violation of the town's fire prevention code.
(2) Stockyards, slaughterhouses, rendering plants.
(3) Use of a travel trailer as a temporary or permanent residence.
(Situations that do not comply with this subdivision on the
effective date of this chapter are required to conform within one
• year. See Section 130.)
(4) Use of a motor vehicle parked on a lot as a structure in which,
out of which, or from which any goods are sold or stored, any
services are performed, or other business is conducted.
(Situations that do not comply with this subdivision on the
effective date of this chapter are required to conform.within
thirty days. See Section 130.)
Section 150 Accessory Uses.
(a) The Table of Permissible Uses (Section 146) classifies different
principal uses according to their different impacts. Whenever an activity (which
may or may not be separately listed as a principal use in this table) is
conducted in conjunction with another principal use and the former use (i)
constitutes only an incidental or insubstantial part of the total activity that
takes place on a lot, or (ii) is commonly associated with the principal use and
integrally related to it, then the former use may be regarded as accessory to
the principal use and may be carried on underneath the umbrella of the permit
issued for the principal use. For example, a swimming pool/ tennis court complex
is customarily associated with and integrally related to a residential
subdivision or multi -family development and would be regarded as- accessory to
such principal uses, even though such facilities, if developed apart from a
residential development, would require a special use permit (use classification
• 6.210).
77

(b) For purposes of interpreting subsection (a):
• (1) A use may be regarded as incidental or insubstantial if it is
incidental or insubstantial in and of itself or in relation to
the principal use;
(2) To be "commonly associated" with a principal use it is not
necessary for an accessory use to be connected with such principal
use more times than not, but only that the association of such
accessory use with such principal use takes place with sufficient
frequency that there is common acceptance of their relatedness.
(c) Without limiting the generality of subsections (a) and (b), the
following activities are specifically regarded as accessory to residential
principal uses so long as they satisfy the general criteria set forth above:
(1) Offices or studios within an enclosed building and used by an
occupant of a residence located on the same lot as such building
to carry on administrative or artistic activities of a commercial
nature, so long as such activities do not fall within the
definition of a home occupation.
(2) Hobbies or recreational activities of a non-commercial nature.
(3) Yard sales or garage sales, so long as such sales are not
conducted on the same lot for more than three days (whether
consecutive or not) during any ninety day period.
• (d) Without limiting the generality of subsections (a) and (b), the
following activities shall not be regarded as accessory to a residential
principal use and are prohibited in residential districts.
(1) Storage outside of a substantially enclosed structure of any motor
vehicle that is neither licensed nor operational.
(2) Parking outside a substantially enclosed structure of more than
four motor vehicles between the front building line of the
principal building and the street on any lot used for purposes
that fall within the following principal use classifications:
1.100, 1.200, or 1.400.
C
Section 151 Permissible Uses Not Reauirin4 Permits.
Notwithstanding any other provisions of this chapter, no zoning, special
use, or conditional use permit is necessary for the following uses:
(1) Streets.
(2) Electric power, telephone, telegraph, cable television, gas,
water, and sewer lines, wires or pipes, together with supporting
poles or structures, located within a public right of way.
78

(3) Neighborhood utility facilities located within a public right of
• way with the permission of the owner (state or town) of the right
of way.
Section 152 Change in Use.
(a) A substantial change in use of property occurs whenever the essential
character or nature of the activity conducted on a lot changes. This occurs
whenever:
(1) The change involves a change from one principal use category to
another.
(2)
If the original use is a combination use (26.000), the relative
proportion of space devoted to the individual principal uses that
comprise the combination use changes to such an extent that the
parking requirements for the overall use are altered.
(3)
If the original use is a combination use, the mixture of types
of individual principal uses that
comprise the combination use
changes.
(4)
If the original use is a planned residential development, the
relative proportions of different types of dwelling units change.
(5)
•
If there is only one business or enterprise conducted on the lot
(regardless of whether that business
or enterprise consists of
one individual principal use or a combination use), that business
or enterprise moves out and a different type of enterprise moves
in (even though the new business
or enterprise may be classified
under the same principal use or combination use category as the
previous type of business). For example, if there is only one
building on lot
a and a florist shop that is the sole tenant of
that building moves out and is replaced by a clothing store, that
constitutes a change in use even though both tenants fall within
principal use classification 2.113. However, if the florist shop
were replaced by another florist shop, that would not constitute
a change in use since the type of business or enterprise would
not have changed. Moreover, if the florist shop moved out of a
rented space in a shopping center and was replaced by a clothing
store, that would not constitute a change in use since there is
more than one business on the lot and the essential character of
the activity conducted on that lot (shopping center - -combination
use) has not changed.
(b) A mere change in the status of property from unoccupied to occupied
or vice -versa does not constitute a change in use. Whether a change in use
occurs shall be determined by comparing the two active uses of the property
without regard to any intervening period during which the property may have been
unoccupied, unless the property has remained unoccupied for more than 180
consecutive days or has been abandoned.
79

(c) A mere change in ownership of a business or enterprise or a change in
the name shall not -be regarded as a change in use.
Section 153 Reserved
Section 154 Combination Uses.
(a) When a combination use comprises two or more principal uses that
require different types of permits (zoning, special use, or conditional use),
then the permit authorizing the combination use shall be:
(1) A conditional use permit if any of the principal uses combined
requires a conditional use permit.
(2) A special use permit if any of the principal uses combined
requires a special use permit but none requires a conditional use
permit.
(3) A zoning permit in all other cases. This i s indicated in the
Table of Permissible Uses by the designation "Z,S,C" in each of
the columns adjacent to the 26.000 classification.
(b) When a combination use consists of a single-family detached residential
• subdivision that is not architecturally integrated (see Section 188) and
two-family or multi -family uses, the total density permissible on the entire
tract shall be determined by having the developer indicate on the plans the
portion of the total lot that will be developed for each purpose and calculating
the density for each portion as if it were a separate lot.
(c) When a combination use consists of a single-family detached,
architecturally integrated subdivision and two-family or multi -family uses, then
the total density permissible on the entire tract shall be determined by dividing
the area of the tract by the minimum square footage per dwelling unit specified
in Section 182.
Section 155 More Specific Use Controls.
Whenever a development could fall within more than one use classification
in the Table of Permissible Uses (Section 146), the classification that most
closely and most specifically describes the development controls. For example,
a small doctor's office or clinic clearly falls within the 3.110 classification
(office and service operations conducted entirely indoors and designed to attract
customers or clients to the premises). However, classification 3.130,
"physicians' and dentists' offices and clinics occupying not more than 10,090
square feet of gross floor area" more specifically covers this use and therefore
is controlling.

Sections 156 and 157 Reserved.
•
81

0
•
SECTION 146
TABLE OF PERMISSIBLE USES
z = Zoning Permit by Zoning Administrator.
s - Special Use Permit by Board of Adjustment.
c = Conditional Use Permit by Town Council.
82

•
USES
•
DESCRIPTION
R_JA�R-5
0
!!l�Is�yl!Ilsi7L•Wlll'LSl�;111 � ��t1��'iy!!'i��f����t�l1
1 Multi
1 �. i i
1.400 Homes Emphasizing Special Services,
Treatmentv' 'o
1.410 Homes for handicapped, aged
1.420 Nursing care, intermediate
1.520 Bed and breakfast establishments,
Tourist homes and other
temporary residences renting by
e day week c c c c
1.530 Hotels, motels, and similar
businesses or institutions
providing overnight
1.300 Multi -Family Residences:
I. Within the H Zoning District:
2 units or less = z
3 units or more = c
2. Within All Other Zoning Districts:
4 units or less = z
5 units or more = c

•
USES
DESCRIPTION
2.000 SALES AND RENTAL OF
.100 No Storage or Dis
f
•
of Goods Outside
2.200 Storage and Display of Goods Within
and/or Outside Fully Enclosed Building
3.000 OFFICE, CLERICAL, RESEARCH AND SERVICES NOT
3.100 All Operations Conducted Entirely
Within Fully Enclosed Building
3.110 Operations designed to attract
and serve customers or clients
on the premises, such as the
offices of attorneys and other
professionals, insurance and
stock brokers, travel agents,
I Q_jAIR 0-1
-5
84

•
•
•
USES_ DESCRIPTION ZONING DISTRICT
3.200
3.120 Operations designed to attract
little or no customer or client
traffic other than employees of
the entity operating the
Drincipal use
3.130 Offices or clinics of physicians
or dentists with not more than
10,000 square feet of gross
Operations Conducted Within or Outside
Fully Enclosed Building
3.210 Operations designed to attract
and serve customers or clients
on the premises
3.220 Operations designed to attract
little or no customer or client
traffic other than the employees
of the entity operating the
4.000 MANUFACTURING, PROCESSING, CREATING, REPAIRING,
RENOVATING, PAINTING, CLEANING, ASSEMBLING OF
4.100 All Operations Conducted Entirely
Within Fully Enclosed Building
4.110 Majority of dollar volume of
business done with walk-in
trade
4.120 Majority of dollar volume of
business not done with walk-
in trade
'See Section 167 for SIC Code Restrictions
85

•
USES DESCRIPTION ZONING DISTRICT
4.200 Operations Conducted Within or Outside
4.400 Chemical/Hazardous Material Stora4e and
.000 EDUCATIONAL. CULTURAL. RELIGIOUS. PHILANTHROPIC.
Schools
5.110 Elementary and secondary
(including associated grounds
and athletic and other
5.120 Trade or vocational schools
5.130 Colleges, universities,
community colleges (including
associated facilities such as
dormitories, office buildings,
athletic fields, etc.)
5.200 Churches, Synagogues and Temples
(including associated residential
structures for religious personnel,
and associated buildings including
5.300 Libraries, Museums, Art Galleries,
Art Centers and Similar Uses
(including associated educational
and instructionalactivities)
5.310 Located within a building
designed and -previously
occupied as a residence or
within a building having a
gross floor area not in
86

• •
USES DESCRIPTION ZO ING S C
R-5
RA
5.320 Located within any permissible IR-20 R-141- CD CH CS
tructure S s s z z z z
5.400 Social, Fraternal Clubs and Lodges,
Unign Halls, and Similar Uses s S Zs
.000 RECREATION, AMUSEMENTi ENTERTAINMENT
6.100 Activity Conducted Entirely Within
Building or Substantial Structure
6.110 Bowling alleys, skating rinks,
indoor tennis and squash
courts, billiards and pool
halls, indoor athletic and
exercise facilities
6.120 Movie theatres
6.200 Activity Conducted Primarily Outside
Enclosed Buildings or Structures
6.210 Privately -owned outdoor
recreational facilities such
as golf -and country clubs, etc.
(but not including campgrounds),
not constructed pursuant to a
permit authorizing the
construction of some residential
development
6.220 Publicly -owned and operated out-
door recreational facilities
such as athletic fields, golf
courses, tennis courts, swimming
pools, parks, campgrounds, etc.,
not constructed pursuant to a
permit authorizing the construc-
tion of another use such as a
crhnnl
:A

UPS_ DESCRIPTION ZO ING S CT
R-5
6.230 Golf driving ranges not RA IR-20 - R-0 CD I CH C
accessory to golf courses,
Par 3 golf courses, miniature
golf courses, skateboard parks,
slides,water d similar uses
6.240 Horseback riding stables (not
constructed pursuant to a permit
authorizing residential
development)
6.260 Campgrounds operated by
private, o- ofit entities
6.261 Recreational vehicle
6.270 Privately -owned for profit
7.000 INSTITUTIONAL RESIDENCES OR CARE OF CONFINEMENT
FACILITIES
7.100 Hospitals, Clinics, Other Medical
(including mental health) Treatment
Facilities in Excess of 10,000 Square
Feet of Floor Area s
7.200 Nursing Care Institutions, Intermediate
Care Institutions, Handicapped, Aged or
Infirm Institutions, Child Care '
Institutions
7.300 Institutions (other than halfway houses)
.:

USES DESCRIPTION ZONING DISTRICT
D RESTAURANTS. BARS. NIGHT CLUBS
8.100 No Substantial Carry -out or Delivery
Service, No Drive-in Service, No
Service or Consumption Outside Fully
Enclosed Structure
8.200 No Substantial Carry -out or Delivery
Service, No Drive-in Service. Service
or Consumption Outside Fully Enclosed
Structure Allowed
8.300 Carry -out and Delivery Services,
Consumption Outside Fully Enclosed
Structure Allowed, But No Drive-in
Service
8.400 Carry -out and Delivery Service,
Drive-in Service, Service Outside
Fully c osed Structure Allowed
9.000 MOTOR VEHICLE AND BOAT -RELATED SALES AND
9.100 Motor Vehicle and Boat Sales or
10.000 STORAGE AND PARKING
10.100 Automobile Parking Garages or Parking
Lots Not Located on a Lot on Which
There is Another Principal Use to Which

ubts
RbL K1N11UN ZONING
R-5
A - 0 - - 0
DISTRICT
C
C
C
A
0
10.200
Storage of Goods Not Related to Sale
or Use off Those Goods on the Same Lot
Where They are Stored
10.210 All storage within completely
nclosed structures
10.220 Storage outside completely
enclosed structures
c
10.300
Parking of Vehicles or Storage of
Equipment Outside Enclosed Structures
Where: (i) Vehicles or Equipment are
Owned and Used by the Person Making Use
of Lot, and (ii) Parking or Storage is
More Than a Minor and Incidental Part
of the Overall Use ad of the Lot
10.400
Truck TerminalFacility
.000
SCRAP
MATERIALSSALVAGE U A
.000
SERVICES
AND ENTERPRISES RELATED TO ANIMALS
12.100
Veterinarian, Animal Clinic, No Outside
Kennel
12.200
Veterinarian, Animal Clinic, Outside
Kennel
300
Pet Cemetery/Cremation Se vice
12,400
Animal Shelter
000
EMERGENCY
SERVICES
13.100
Police Stations
3.200
Fire Stations
c
c
H
c
3.300
Rescue S uad Ambulance Service
13.400
Emergency Management Op eration
z
z
90

IICFC nrq RTPTTnhL 7nNTNn nTCTRTrT
7MR20
R-
R-5
-
C
C
C
A
14.000 AGRICULTURAL, FORESTRY, MINING,
QUARRYING OPERATIONS, A UACULTURAL
00 Agricultural OReralions,
14.110 Farming, including v oc
14.120 Farming, excluding iv oc
s
s
14.200 'o
s
14.300 Mining or quarrying operations,
including- e of products
0
15.000 MISCELLANEOUS PUBLIC AND SEMI-PUBLIC FACILITIES
AND RELATEPUSES
5.00 PostOffice
15.200 Airports
15.210 Publicly -owned or operated
airport
15.220 Privately -owned ort
5.300 Sanitary and ncine t
c
15.400 Military Reserve.a 'o a Guard Centers
c
15.500 Recycling Materials Collection/
Processing Operat
16.000 DRY CLEANER,0
7.000 UTILITY FACILITIES
17,100 Neighborhood
17,200 Comunity or Regi2nalc
c
C
c
c
c
.300 Electric Substationsc
18.000 OPEN AIR MARKETS
8. 00 Farm, Craft, Prod ce Markets
18,200 Flea Markets
9.000 FUNERAL HOME

•
USES
DESCRIPTION
ZONING
R-5
- 0 - -
DISTRICT
C
C
A
S
0.000
CCREMATORIUM
0. 00
Cemetery Not On Same Property As C
20.200
Cemetery On SameProperty
As.Church
0.300
Crematorium
.000
NURSERY
SCHOOLS:CENTERS
(Child/Ad
s
S
s
22.000
TEMPORARY STRUCTURES USED IN CONNECTION WITH
THE CONSTRUCTION OF A PERMANENT BUILDING OR
FOR SOME0- U S
23.000
BUS0
0N;
TAXI OPERATION
24.000 COMMERCIAL GREENHOUSE OR NURSERY
24.100
Sales of ProductsGrown
on Premises
z
s
24.200
On -Premises Sales,
Accessory d c
Including Related
5.000
SPECIAL
6.000
COMBINATION
USES
zsc
Izsc
Izsc
Izsc
Izsc Izsc
Izsc
1zsc''.
7.000
SUBDIVISIONS
27.100
Major
c
c
c
c
c
c
c
c
7. 00
Minor
8.000
TEMPORARY
USES
s
92

ARTICLE XI
• SUPPLEMENTARY USE REGULATIONS
Section 158 Planned Residential Developments
(a) Planned residential developments (PRD's) are permissible only as a
conditional use on tracts of at least five acres located within a R-20, R-14,
R-10, or R-5 zoning district.
(b) The overall density of a tract developed by a PRO shall be determined
as provided in Section 182 for the underlying district in which the PRO is
located.
(c) Permissible types of residential uses within a PRO include single-
family detached dwellings (use classifications 1.111 and 1.112), single-family
attached dwellings (1.130), two-family residences (1.200), and multi -family
residences (1.300). At least fifty percent of the total number of dwelling units
must be single-family detached residences on lots of at least 5,000 square feet.
(d) A PRO shall be an architecturally integrated subdivision.
(e) To the extent practicable, the two-family and multi -family portions
of a PRO shall be developed more toward the interior rather than the periphery
of the tract so that the single-family detached residences border adjacent
properties.
• (f) In a planned residential development, the screening requirements that
would normally apply where two-family or multi -family development adjoins a
single-family development shall not apply within the tract developed as a planned
residential development, but all screening requirements shall apply between the
tract so developed and adjacent lots.
Section 159 Manufactured Home Parks
(a) The minimum lot area for a manufactured home park is 3 acres; the
minimum number of manufactured home spaces for a manufactured home park is 10
spaces.
(b) Manufactured home parks shall contain only Class C manufactured homes.
feet. (c) Each manufactured home space shall contain a minimum of 6,000 square
(d) No manufactured home shall be located closer than 20 feet from another
manufactured home or any other principal building within the manufactured home
park. No manufactured home shall be located closer than 60 feet from a public
street right-of-way or 15 feet from a private, interior manufactured home park
street.
93

(e) Recreational space in each manufactured home park shall be provided
• in accordance with -Article XIII.
(f) Except for management office and/or management services associated with
the manufactured home park, no manufactured home shall be used for nonresidential
purposes.
(g) The area beneath a manufactured home must be fully enclosed with
durable skirting within 60 days of placement in the manufactured home park.
Section 160 Automobile Service Stations/Gas Sales Operations
(a) Air compressors, hydraulic hoists, pits, repair equipment, greasing
and lubrication equipment, auto washing equipment and similar equipment shall
be entirely enclosed within a building.
(b) Certification by a registered engineer shall be required to ensure the
prevention of petroleum and petroleum related product runoffs into the existing
municipal storm drainage system.
(c) All garbage and refuse shall be stored in mechanical loading containers
located near the rear of the lot or building, but not less than twenty feet from
any adjacent property lines.
Section 161 Temporary Uses
• (a) A zoning permit may be authorized by the administrator for Christmas
tree and related natural ornamental sales, collective retail merchant sales and
shows, and itinerant merchant sales provided that:
(1) All applicable town and state permits and/or licenses have been
obtained.
(2) No more than one ground or wall sign, not to exceed six square
feet in area, is located on the premises and no banners, pennants,
streamers, strings of twirlers or'propellers, and similar devices
are erected. ;
(3) The temporary use is operated only during the hours of 7 a.m.
and 10 p.m. and is conducted for a period not to exceed thirty
consecutive days.
(4) No more than two zoning permits are issued to the same person,
firm or organization in any one calendar year.
Section 162 Bed and Breakfast Establishments.
(a) A bed and breakfast shall be permitted only in a principal residential
structure.
94

(b) One parking space for each guest 'room plus two parking spaces for the
• resident owners or -manager shall be provided.
(c) A bed and breakfast shall be located in a dwelling in which there is
a resident owner or resident manager. -
(d) Food service shall be available only to guests and not to the general
public.
(e) Signage shall be limited to one identification not to exceed four
square feet in area nor four feet in height.
(f) A bed and breakfast shall have vehicular access to a subcollector or
higher classified street.
Section 163 Special Services Homes
(a) Special services homes include: (1) homes for the handicapped, aged
or infirm; (2) nursing and intermediate care homes; (3) child care homes; and
(4) halfway houses. (Use classification 1.400.)
(b) The minimum room sizes in a special services home shall be 150 square
feet for a living or principal room, 100 square feet for a kitchen and dining
room combination, 100 square feet for the first bedroom, and 70 square feet for
each additional bedroom.
• (c) The issuance of a permit for a special services home shall be
conditioned upon the applicant obtaining any required state license within ninety
days after approval of the permit.
(d) No special services home shall house mentally ill persons who are
determined to be dangerous to others as defined in G.S. 122C-3(11)b.
(e) Signage shall be limited to a nameplate not to exceed two square feet
in area.
(f) The applicant shall submit to the permit issuing authority a statement
addressing (1) the number of staff personnel to reside in the facility and their
backgrounds and qualifications; (2) the number of individuals to be housed in
the facility, the purpose of the facility, and the nature of the handicap of the
individuals who will reside there; and (3) the intake criteria which have been
or will be used in screening the persons who will live in and benefit from the
facility.
Section 164 Day Care Centers
(a) There shall be a minimum of 25 square.feet of indoor space, exclusive
of closets, passageways, kitchens, and bathrooms per client.
(b) There shall be a minimum of 75 square feet of outdoor recreational
is or
for each client. The outdoor recreational area shall be located in a side
or rear yard and shall be enclosed by a fence of at least four feet in height.
95

• (c) The hours of operation of a day care center may be limited by the
permit issuing authority for facilities located in residential neighborhoods.
Section 165 Cemeteries
(a) A cemetery shall contain not less than thirty acres of land in
contiguous ownership.
(b) Chapels, mortuaries, mausoleums, and sales and administrative offices
may be developed within the cemetery. Not more than two such buildings shall
be permitted in any cemetery. Access to the buildings shall be from within the
cemetery. No building permitted by these requirements shall be located closer
than one hundred fifty feet to any residential dwelling on land adjoining the
cemetery.
(c) Access to the cemetery shall be provided by -way -of private drives
extending from a public street and of sufficient width to accommodate two-way
traffic. Parking shall be provided entirely on private internal roads.
(d) A perimeter buffer strip of fifty feet in depth shall be maintained
around the entire cemetery. There shall be no burial sites, buildings or other
structures located within the buffer strip, and the strip shall be planted in
accordance with Article XIX so as to effectively screen the cemetery and burial
activities therein from view from outside of the cemetery.
• Section 166 Industrial Use Limitations By SIC Code Designation.
(a) Industrial uses (use classification 4.000) are permitted in the IW and
CH districts. However, the specific types of permissible manufacturing
establishments are restricted according to Standard Industrial Classification
(SIC) Manual codes. Therefore, only the SIC -coded industries delineated below
are allowed in IW and CH districts.
SIC
CODE NO.
INDUSTRY TITLE
20
Food and Kindred Products (Only those subcategories
listed.)
203
Canned, Frozen and Preserved Fruits, Vegetables and Food
Specialists
205
Bakery Products
208
Beverages
209
Miscellaneous Food. Preparation and Kindred Products
23
Apparel and Other Finished Products Made From Fabrics
and Similar Materials
25
Furniture and Fixtures
27
Printing, Publishing, and Allied Industries
30
Rubber and Miscellaneous Plastics Products
31
Leather and Leather Products (except 311 Leather Tanning
•
and Finishing)
M.

32
Stone, Clay, Glass and Concrete Products (except 329
•
Abrasive, Asbestos, and Miscellaneous Nonmetallic
Mineral Products)
35
Industrial and Commercial Machinery and Computer
Equipment (only those subcategories listed)
357
Computer and Office Equipment
358
36
Refrigerator and Service Industry Machinery
Electronic and Other Electrical Equipment and
37
Components, except Computer Equipment
Transportation Equipment (only those subcategories
listed)
373
Ship and Boat Building and Repairing
38
Measuring, Analyzing and Controlling Instruments;
Photographic, Medical and Optical Goods; Watches and
Clocks
39
Miscellaneous Manufacturing Industries
Section 167 Airport Hazard Overlay District Requirements
(a) The Airport Hazard Overlay (AHO) District shall encompass the approach
zones at the Edenton Municipal Airport. The approach zone shall have a length
of 10,000 feet beginning at a point 200 feet outward from the ends of the runways
and extending outward to a point 10,200 feet from the end of the runways on the
extended centerline of the runways. The width of the approach zone shall be
1,000 feet at a distance of 200 feet from the end of the runways, uniformly
widening thereafter to a width of 4,000 feet at a distance of 10,200 feet beyond
• the end of the runways. The upper surface of the approach zone shall be an
inclined plane sloping one foot in height for each 34 feet in horizontal distance
beginning at a point 200 feet from and at the elevation of the runways, extending
to a distance of 10,200 feet from the end of the runways.
(b) No structure or tree shall be erected, altered, allowed to grow, or
maintained in the approach zone to a height which projects above the upper
surface of the approach zone.
(c) Within the approach zone defined in subsection (a) is a clear zone.
The clear zone shall have a length of 1,700 feet beginning at a point 200 feet
outward from the end of the runways and extending outward to a point 1,900 feet
from the end of the runways on the extended centerline of the runways. The width
of the clear zone shall be 1,000 feet at a distance of 200 feet from the end of
the runways, uniformly widening thereafter to a width of 1,510 feet at a distance
of 1,900 feet beyond the end of the runways.
(d) Land uses permitted within the clear zone shall be as allowed in the
underlying zoning district except that the following uses and activities are
prohibited:
(1) residential uses (use classification 1.000)
(2) educational, cultural, religious, philanthropic uses (use
classification 5.000)
(3) recreation, amusement, and entertainment uses (use classification
• 6.000)
97

(4) institutional residences or•care or confinement facilities (use
classification 7.000)
• (5) restaurants, bars, and nightclubs (use classification 8.000)
(6) nursery schools and day care centers (use classification 21.000)
(7) special events (use classification 25.000)---
(8) the permanent above -ground storage of flammable liquids and gases.
(e) Notwithstanding any other provisions of these regulations, no use may
be made of land or water within any zone established by this section in such a
manner as to create electrical interference with navigational signals or radio
communication between the airport and aircraft, make it difficult for pilots to
distinguish between airport lights and other lights, result in glare in the eyes
of pilots using the airport, impair visibility in the vicinity of the airport,
create bird strike hazards, or otherwise in any way endanger or interfere with
the landing, takeoff, or maneuvering of aircraft intending to use the airport.
Section 168 Historic Overlay District Requirements.
(a) The use and development of any land or structure within the Historic
Overlay District shall comply with the use regulations and intensity regulations
applicable to the underlying zoning district except that (i) no manufactured home
shall be located within an Historic Overlay District, (ii) no building or part
of a building shall extend nearer to or be required to be set back further from
the front street right-of-way than the average distance of the setbacks of the
nearest principal structures in the vicinity of such building and fronting on
the same side of the street, and (iii) no principal or accessory building shall
• be required to be set back further from a side or rear property line than the
average distance of the setbacks of the nearest principal or accessory structures
in the vicinity of such building.
(b) No exterior portion of any building or other structure (including
masonry walls, fences, light fixtures, steps and pavement, or other appurtenant
features), or any above -ground utility structure, or any type of outdoor
advertising sign shall be erected, altered, restored, moved, or demolished within
the Historic District until after an application for a Certificate of
Appropriateness as to exterior architectural features has been submitted to and
approved by the Historic District Commission.
For purposes of this article, "exterior architectural features" shall
include the architectural style, general design, and general arrangement of the
exterior of a building or other structure, including the kind and texture of the
building material, the size and scale of the building, and the type and style
of all windows, 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.
Such a Certificate of Appropriateness shall be issued by the Commission
prior to the issuance of a building permit or any other permit granted for
purposes of constructing, altering, or demolishing buildings or structures. A
Certificate of Appropriateness shall be required whether or*not a building permit
is required. Any building permit or other permit not issued in conformity with
• this section shall be invalid.
E:

The Town and all public utility companies shall be required to obtain
a Certificate of Appropriateness prior to initiating any changes in the character
of street paving, sidewalks, utility installations, lighting, walls, fences,
structures, and buildings on property, easements, or streets owned or franchised
by the Town of Edenton or public utility companies. -
(c) Nothing in this article shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature in the Historic
District that does not involve a change in design, material, or outer appearance
thereof, or to prevent the construction, reconstruction, alteration, restoration,
moving, or demolition of any such feature that the Building Inspector or similar
official shall certify is required by the public safety because of unsafe or
dangerous condition.
On the basis of preliminary sketches or drawings and other supporting
data, the administrator may exempt from requirements for a Certificate of
Appropriateness projects involving the ordinary maintenance or repair of any
exterior architectural feature that does not involve a change in design,
material, or outer appearance thereof. The administrator shall notify the
Commission of all such exemptions.
(d) Procedures for Approval of Certificates of Appropriateness
(1) Application Submittal Requirements:
Applications for Certificates of Appropriateness shall be filed
with the administrator.
The administrator shall prescribe the form(s) on which
applications are made, as well as any other material which may
reasonably be required to determine the nature of the application.
The Commission may specify criteria for situations in which the
administratormay waive any of the application material
requirements.
No application shall be accepted by the administrator unless it
complies with such requirements. Applications which are not
complete shall be returned forthwith to the applicant, with a
notation of the deficiencies in the application.
(2) Notification of Affected Property Owners:
Prior to approval or denial of an application for a Certificate
of Appropriateness, the Commission shall take such action as may
reasonably be required to inform the owners of any property likely
to be materially affected by the application, and shall give the
applicant and such owners an opportunity to be heard.
(3) Public Hearing:
In cases where the Commission deems it ngcessary, it may hold a
public hearing concerning the application.
EEO

(4) Commission Action:
• Within sixty (60) days of the acceptance of an application, or
within such further time consented to by written notice from the
applicant, the Commission shall take action -on the application.
Such action shall be based upon the review criteria established
in Section (c) of this article, and shall be one of the following:
(a) Approval.
(b) Approval subject to conditions.
(c) Denial.
Failure of the Commission to take final action on an application
within the prescribed time limit, or extensions thereof, shall
result in approval of the application as submitted.
The Commission may impose such reasonable conditions on its
approval of an application as will ensure that the spirit and
intent of this article are achieved.
An application for a Certificate of Appropriateness authorizing
the demolition of a building or structure within the Historic
District may not be denied. However, the effective date of such
a certificate may be delayed for a period of up to one hundred
eighty (180) days from the date of approval. The maximum,period
• of delay authorized by this section shall be reduced by the
Commission where it finds that the owner would suffer extreme
hardship or be permanently deprived of all beneficial use of or
return from such property by virtue of the delay. During such
period, the Commission may negotiate with the owner and with any
other parties in an effort to find a means of preserving the
building. If the Commission finds that the building has no
particular significance or value toward maintaining the character
of the Historic District, it shall waive all or part of such
period and authorize earlier demolition or removal.
In every case, the record of the Commission's action shall include
the reasons for its action.
(5) Actions Subsequent to Decision:
The administrator shall notify the applicant of the Commission's
decision in writing, and shall file a copy of it with the Town's
Planning Department. If the applicant is denied, the notice shall
include the reasons for such action.
(6) Appeal of Decision:
A decision by the Commission on an application for a Certificate
of Appropriateness may be appealed to the.Board of Adjustment in
• accordance with the provisions of Article V.
100

(7) Submission of New Application:
If the Commission denies an application for a Certificate of
Appropriateness, a new application affecting the same property
may be submitted only if substantive change -is made in plans for
the proposed construction, reconstruction, alteration,
restoration, or moving.
(8) Modifications to applications:
An approved or pending application for a Certificate of
Appropriateness may be modified by a written request from the
applicant to the Commission. Such a request shall include a
description of the proposed change and shall be accompanied by
elevations, plans or sketches, where necessary. If the Commission
finds that the modification constitutes a substantial change which
might affect surrounding property owners, it shall request the
applicant to notify affected property owners following the
procedures set our in subsection (d)(2) before taking action on
the modification. The Commission shall thereupon treat the
request in the same manner as any other application as outlined
in subsection (d).
(e) Review Criteria. In considering an application for a Certificate of
Appropriateness, the Commission shall take into account the historical and/or
architectural significance of the structure under consideration and the exterior
form and appearance of any proposed additions or modifications to that structure
• that are visible from a public right-of-way. The Commission shall not consider
interior arrangement or use.
The Commission, using the criteria below, shall make findings of
fact indicating the extent to which the application is or is not congruous with
the historic aspects of the Historic District.
The following criteria shall be considered, when relevant, by the
Commission in review applications for a Certificate of Appropriateness:
(1) The height of the building in relation to the average height
of the nearest adjacent and opposite buildings.
(2) The setback and placement on lot of the building in relation
to the average setback and placement of the nearest adjacent
and opposite buildings.
(3) Exterior construction materials, including texture and
pattern.
(4) Architectural detailing, such as lintels, cornices, brick
bond, and foundation materials.
(5) Roof shapes, forms, and materials.
is(6) Proportion, shape, positioning and location, pattern, and
size of any elements of fenestration.
101

• (7)- General form and proportions of buildings and structures.
(8) Appurtenant fixtures and other features such as lighting.
(9) Structural conditions and soundness.
(10) Architectural scale.
Section 169 Multi -Family Residences
(a) Multi -family residences (use classification 1.300) located in any
permitted nonresidential zoning district shall comply with the minimum lot area,
width, and setback requirements of the R-5 district.
(b) The minimum spacing between multi -family residential structures shall
be 20 feet.
Section 170 Institutional Care Facilities.
(a) Institutional care facilities include (1) hospitals, clinics, and other
medical treatment facilities in excess of 10,000 square feet; (2) nursing care
institutions, intermediate care institutions, handicapped, aged or infirm
institutions, and child care institutions; and (3) institutions for the
confinement of the mentally ill (use classifications 7.100, 7.200, and 7.300).
40
(b) The minimum lot area requirements for institutional care facilities
shall be 8,000 square feet for the first nine patient beds plus 1,000 square feet
for each additional patient bed. This standard shall apply to institutions
providing individual patient rooms or suites of patient rooms that also include
congregate kitchen and dining facilities.
C
(c) In addition to facilities providing patient beds, institutional care
facilities may include single-family and multi -family dwellings. Such dwellings
may be allowed in accordance with the minimum lot area standards of the RM-1
zoning district. Residential building setbacks may be waived between individual
buildings but the setbacks on the perimeter of the development shall be the same
as that for the zoning district in which located. The minimum spacing between
nonresidential buildings should be at least twenty feet.
Section 171 Golf Courses
(a) All golf course greens and fairways (use classification 6.210 and
6.220) shall be set back at least 100 feet from any property line.
(b) All tees and structures shall meet the minimum building setback
requirements for the district in which located.
102

Section 172 Sanitary Landfill or Incinerator.
(a) No refuse shall be deposited and no building or structure shall be
located within 50 feet of the nearest property line.
(b) The operation of a landfill or incinerator shall be in accordance with
applicable State regulations.
Section 173 Chemical and Hazardous Material Storage/Treatment
(a) The use shall comply with the Federal Resource Conservation and
Recovery Act of 1976, as amended, [PL 94-580] and the North Carolina Solid Waste
Management Act, as amended, (Article 13B. G.S. 130-166.16) for design, siting,
materials to be stored and treated.
(b) All storage, treatment, and loading facilities handling hazardous
materials will be located at least 200 feet from any property line and at least
1,250 feet from any lot not located in an industrial district.
The required buffer area shall contain a sufficient amount of natural
or planted vegetation so that such facilities are screened visually from an
adjoining property not located in an industrial district.
(c) A security fence at least 7 feet in height with a minimum 9-gauge
fabric and 3 strands of barbed wire shall surround all facilities for the storage
and handling of hazardous materials.
• (d) Vehicular access to the operation will be provided only by way of a
U.S. or N.C. numbered highway.
(e) All surface water and groundwater on the property will be protected
so as to minimize, to the greatest possible extent, the probability of
contamination by hazardous materials.
(f) All sanitary sewer and stormwater management systems on the property
will be protected so as to minimize, to the greatest possible extent, the
probability of contamination by hazardous materials. A stormwater management
plan shall be prepared by the applicant and submitted to the Town for review by
the Town's engineer and the Environmental Management Division of the N.C.
Department of Natural Resources and Community Development.
Section 174 Bulk Petroleum Plants and LP Gas and Storage
(a) The use must meet the requirements established by the fire prevention
code of the National Board of Fire Underwriters and the latest edition of the
"Flammable and Combustible Liquids Code, NEPA 30" of the National Fire Protection
Association.
(b) All storage tanks and loading facilities will be —located at least 200
feet from any property line. The required buffer area shall contain a sufficient
amount of natural or planted vegetation so that such facilities are screened
• visually from an adjoining property not located in an industrial district.
103

(c) Vehicle access to the use will be provided only by way of a U.S. or
N.C. numbered highway.
(d) All principal and accessory structures and off-street parking and
service areas will be separated by a 25-foot buffer from any abutting property.
Section 175 Marina
(a) The marina must meet the specific standards of Title 15, Subchapter
7H, Section .0208(b)(5) of the N.C. Administrative Code and the General Use
Standards for coastal wetlands, estuarine waters, and public trust areas.
(b) The marina shall include public restroom facilities and a public
telephone.
Section 176 Waterfront Subdivisions
(a) Where a residential subdivision which adjoins a waterfront contains
interior lots, which do not adjoin the water's edge but any part of which is
within 400 feet of the water's edge, one or more lots which adjoin the water's
edge shall be reserved to provide water access for the owners of interior
properties. Such lots shall hereafter be called water access lots.
(b) If property which is in the same ownership adjoins said subdivision,
this property shall be construed as being a part of the subdivision for purposes
• of determining requirements of water access lots.
(c) The water access lots shall equal in area not less than ten percent
(10%) of the area (exclusive of streets) of all the interior property which lies
within four hundred fifty (450) feet of the water's edge. However, where the
10% would equal less than 15,000 square feet, the developer shall not be required
to provide any water access lots. All water access lots shall have a -minimum
frontage at the water's edge of one hundred (100) feet.
is
(d) Before approval of the final plat can be given, the developer shall
submit to the administration a covenant stating that he will (1) dedicate the
required amount of water access lots to the purchasers of each interior lot, said
purchasers to have common ownership of the water access lots with undivided fee
simple interest and shall be equally responsible for the maintenance of water
access lots or (2) transfer the required amount of water access lots to a home-
owner's assocation for ownership and maintenance.
(e) The final subdivision plat shall designate the following: (1) the lot
or lots that are to serve as water access lots, and (2) the lots the owners of
which are to have common title to the water access lots. (Example: Owners of
Lots 1, 2, 3, 4, 5, etc. to have Undivided Fee Simple Title to this water access
lot.)
(f) Public water access shall be provided in accordance with Section 177,
if applicable.
104

Section 177 Public Water Access.
(a) All residential developments which adjoin a waterfront for 1,000 feet
or more shall be required to include in the proposed development a plan for
public water access.
(b) The permit -issuing authority shall review and approve the plan for
public water access.
Section 178 Compliance with State Guidelines for Areas of Environmental
Concern.
(a) Prior to the issuance of any initial zoning, special use, or
conditional use permit, the administrator and local AEC Permit Officer shall
determine whether the proposed use or structure is located within an area of
environmental concern. This determination shall result from both an on -site
investigation and a review of the official AEC overlay map. If the proposed use
or structure is located in an area of environmental concern, the administrator
and local AEC Permit Officer shall certify that the proposed use or structure
complies with development standards of the State Guidelines for Areas of
Environmental Concern and the CAMA permit shall be issued to the developer prior
to the issuance of any zoning, special use, or conditional use permits.
(b) The Coastal Resources Commission has adopted use standards for
development along estuarine shorelines and development within coastal wetlands,
• estaarine waters, and public trust areas.. Use standards have been adopted for
the following development activities: hydraulic dredging; navigation channels,
canals, and boat basins; docks and piers; bulkheads and shoreline stabilization;
groins; marinas; drainage ditches; and beach nourishment.
40
Section 179 Walls and Fences
The setback requirements for these regulations shall not prohibit any
necessary retaining wall or prohibit any planted buffer strip, fence or wall.
However, in a residential district no fence or wall shall exceed a height of
three (3) feet in any front or side yard measured from the front building line
to the front of the lot, unless specified elsewhere in this ordinance, nor shall
any fence or wall exceed a height of six (6) feet in any rear or side yard
measured from the front building line to the rear of the lot. These restrictions
shall not apply to a bona fide farm.
Section 180 Satellite Dish Antenna.
(a) Only one satellite dish antenna shall be allowed per premises except
that display models, as provided in subsection (h), may also be permitted.
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(b) In all zoning districts, a satellite dish antenna shall be installed
only in a side or rear yard and shall not be located within any required building
• setback. In all zoning districts, a satellite dish antenna may not be installed
within ten feet of either a public street right-of-way or a side or rear yard
lot line which abuts a residentially zoned district. -
(c) In all nonresidential districts, a satellite dish antenna may be
installed on the roof of the principal structure provided it is sufficiently
anchored to a rafter, girder, or other superstructure member of the building so
as to be structurally secure.
(d) A dish antenna shall be permanently ground or roof mounted (where
permitted), and no antenna shall be installed on a portable or moveable structure
except to transport an antenna to a permanent site or to provide a temporary on -
site antenna for testing purposes not to exceed seven days in duration.
(e) A dish antenna shall be painted with a dull, non -glossy finish. No
lettering, numerals or pattern shall be permitted on the dish surface other than
the name of the manufacturer in letters not to exceed two inches in height.
(f) No antenna shall exceed an overall diameter of 12 feet nor an overall
height of 17 feet above existing grade when located on the ground, and when
located on the roof of a building in a nonresidential district, shall exceed the
building height limitation for the district in which it is located by more than
10 feet.
(g) In all residential zoning districts, dish antenna shall be surrounded
on all sides with any one or combination -of evergreen vegetation, topography,
• landscaped earth berm, or architectural features such as fences or buildings
that view of the base of the dish area is restricted from all streets and from
surrounding residentially zoned property. If evergreen vegetation is used, a
species and size may be planted which can be expected to screen the required area
within two years of normal growth. Any screening vegetation shall be installed
and maintained in accordance with Article XIX of this ordinance, except as
required above.
(h) Inoperative satellite dish antennas, not to exceed 2 in number, may
be stored outside of commercial establishments in districts in which satellite
dish retail.sales are permitted. Such display models shall be located so as not
to infringe on a sight triangle or present a hazard to or obstruction to
motorists and pedestrians. The grounds around display antennas shall be
maintained free of trash, litter, and weeds at all times.
Section 180.1 Manufactured -Homes Sales
(a) The manufactured homes located on a sales lot shall not occupy an area
greater than 50 percent of the total lot area.
(b) Individual manufactured homes located on a sales lot shall be set back
50 feet from the public street right-of-way.
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ARTICLE XII
• DENSITY AND DIMENSIONAL REGULATIONS
Section 181 Minimum Lot Size.
(a) Subject to the provisions of Sections 187 (Cluster Subdivisions) and
188 (Architecturally Integrated Subdivisions), all lots in the following zones
shall have at least the amount of square footage indicated in the following
table: -
Zone Mini
RA 5 Acres
R-20 20,000
R-14 14,000
R-10 10,000
R-5 5,000
CD No Minimum
CH No Minimum (if frontage directly on
an arterial, 400000 sq.ft. min.)
CN No Minimum
MA No Minimum
(Except for residential uses;
4,000 sq.ft. min.)
1W No Minimum
OS No Minimum
• (b) The minimum lot sizes set forth in this section are permissible only
if and to the extent that adequate water and sewer facilities are or can be made
available to serve every, lot in accordance with the provisions of Article XV of
this ordinance. For example, in some areas zoned R-20 that are not served by
public sewer, lots may have to exceed the 20,000 square feet minimum required
below in order to accommodate septic tanks. In such cases and in cases where
lots of less than 15,000 square feet are proposed and such lots do not have
access to sewage treatment facility or county sewer lines, the Health Department
- Environmental Health Division shall review and approve proposed plans as
provided in Sections 238 and 239.
Section 182 Residential Density.
(a) Subject to subsection (b) and the provisions of Sections 187 (Cluster
Subdivisions) and 188 (Architecturally Integrated Subdivisions), every lot
developed for residential purposes shall have the number of square feet per
dwelling unit indicated in the following table. In determining the number of
dwelling units permissible on a tract of land, fractions shall be rounded to the
nearest whole number.
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Zone
Minimum Square Feet
RA
5 acres
• R-20
20,000
R-14
14,000 plus 7,000 for the 2nd-unit
and 3,000 for
each additional unit after 2
units
R-10
10,000 plus 5,000 for the 2nd
unit and 3,000 for
each additional unit after 2
units
R-5
5,000 plus 2,500 for the 2nd
unit and 3,000 for
each additional unit after 2
units
CD
Same as R-5
CH
Same as R-5
CN
Same as R-5
MA
Same as R-5
OS
Same as R-5
(b) In districts permitting two-family or multi -family dwellings, where
the area of the property is such that a portion remains after full requirements
have been met for other dwelling units on the same property, the following rules
shall apply in determining density, and no relaxation of these rules shall be
permitted by a variance. If otherwise permitted by the regulations of a
district:
(1) A total of two units shall be permitted on a lot containing area
for one unit and 95% of the area for the second.
(2) A total of three units shall be permitted on a lot containing area
• for two units and 90% of the area required for a third.
(3) A total of four units shall be permitted on a lot containing area
for three units and 85% of the area for a fourth.
40
(4) One additional unit shall be permitted on a lot containing area
for four or more units and 80% of the area required for the
additional unit.
Section 183 Minimum Lot Widths.
(a) No lot may be created that is so narrow or otherwise so irregularly
shaped that it would be impracticable to construct on it a building that:
(1) Could be used for purposes that are permissible in that zoning
district; and
(2) Could satisfy any applicable setback requirements for that
district.
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(b) Without limiting the generality of the foregoing standard, the
following minimum lot widths are recommended and are deemed presumptively to
• satisfy the standard set forth in subsection (a). The lot width shall be
measured along a straight line connecting the points at which a line that
demarcates the required setback from the street intersect-s-with lot boundary
lines at opposite sides of the lot.
Zone Lot Width
RA
250'
R-20
100,
R-14
90'
plus 10'
for each additional unit
R-10
80' plus
20'
for
2nd unit and
10' for each additional
unit
R-5
50' plus
30'
for
2nd unit and
10' for each additional
unit
CO
Same
as
R-5
for
residential
units
CH
Same
as
R-5
for
residential
units
CN
Same
as
R-5
for
residential
units
MA
Same
as
R-5
for
residential
units
1W
Same
as
R-5
for
residential
units
OS
Same
as
R-5
for
residential
units
(c) No lot created after the effective date of this chapter that is less
than the recommended width shall be entitled to a variance from any building
setback requirement.
• Section 184 Building Setback Requirement
(a) Subject to Sections 185 and 188 and the other provisions of this
section, no portion of any building may be located on any lot closer to any lot
line or to the street right-of-way line or centerline than is authorized in the
table set forth below.
(1) If the street right-of-way line is readily determinable (by
reference to a recorded map, set irons, or other means), the
setback shall be measured from such right-of-way line. If the
right-of-way line is not so determinable, the setback shall be
measured from the street centerline.
(2) As used in this section, the term "lot boundary line" refers to
lot boundaries other than those that abut streets.
(3) As used in this section, the term "building" includes any
substantial structure which, by nature of its size, scale,
dimensions, bulk, or use tends to constitute a visual obstruction
or generate activity similar to that usually associated with a
building. Without limiting the generality of the foregoing, the
following structures shall be deemed to fall within this
description:
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a.
Gas pumps and overhead -canopies or roofs.
•
b.
Fences running along lot boundaries adjacent to
public street
rights -of -way if such fences exceed six feet
in height and
are substantially opaque. --
Minimum
Minimum Minimum
Minimum
Distance
Distance Distance
Distance
From Street From Street From Lot Side
From Rear
ZONE
Right -of -Way Centerline Boundary Line
Boundary Line
RA
30'
60' 20'
30'
R-20
25'
55' 12'
20'
R-14
20'
50, 10,
15'
R-10 .
15'
45' 10,
10,
R-5
10,
40' 10,
10,
CD
CH
50'
80' 12'
20'
CN
35'
65' 12'
20'
MA
15'
45' 10,
10,
IW
40'
70' 12'
20'
OS
15'
45' 10,
10'
(b) Whenever a lot in a nonresidential district has a common boundary line
with a lot in a residential district, and the property line setback requirement
applicable to the residential lot is greater than that applicable to the
• nonresidential lot, then the lot in the nonresidential district shall be required
to observe the property line setback requirement applicable to the adjoining
residential lot.
40
(c) Setback distances shall be measured from the property line or street
right-of-way line to a point on the lot that is directly below the nearest
extension of any part of the building that is substantially a part of the
building itself and not a mere appendage to it (such as a flagpole, etc..).-
(d) Whenever a private road that serves more than three lots or more than
three dwelling units or that serves any nonresidential use tending to generate
traffic equivalent to more than three dwelling units is located along a lot
boundary, then:
(1) If the lot is not also bordered by a public street, buildings
and freestanding signs shall be set back from the centerline of
the private road just as if such road were a public street.
(2) If the lot is also bordered by a public street, then the setback
distance on lots used for residential purposes (as set forth above
in the column labeled "Minimum Distance from Lot Boundary Line")
shall be measured from the inside boundary of the travelled
portion of the private road.
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Section 185 Accessory Building Setback Requirements/Maximum Lot Coverage.
All accessory buildings in residential districts (i.e., those established
by Section 135) must comply with the street right-of-way and side lot boundary
setbacks set forth in Section 184 but (subject to the remaining provisions of
this subsection) shall be required to observe only a five-foot setback from rear
lot boundary lines.
(1) Where the high point of the roof or any appurtenance of an
accessory building exceeds twelve feet in height, the accessory
building shall be set back from rear lot boundary lines an
additional two feet for every foot of height exceeding twelve
feet.
(2) Maximum lot coverage of principal and accessory buildings shall
not exceed forty percent of the lot.
Section 186 Building Height Limitations.
(a) For purposes of this section:
(1) The height of a building shall be the vertical distance measured
from the mean elevation of the finished grade at the front of the
building to the highest point of the building.
(2) A point of access to a roof shall be the top of any parapet wall
. or the lowest point of a roof's surface, whichever is greater.
Roofs with slopes greater than seventy-five percent are regarded
as walls.
(b) Subject to the remaining provisions of this section, building height
limitations in all residential zoning districts shall be thirty-five (35) feet
and fifty (50) feet in all non-residential zoning districts.
(c) Subject to subsection_(d), the following features are exempt from the
district height limitations set forth in subsection (b):
(1) Chimneys, antennas, church spires, water tanks, elevator shafts,
scenery lofts, and similar structural appendages not intended as
places of occupancy or storage;
(2) Flagpoles and similar devices;
(3) Heating and air conditioning equipment, solar collectors, and
similar equipment, fixtures and devices.
(d) The features listed in subsection (c) are exempt from the height
limitations set forth in subsection (b) if they conform to the following
requirements:
(1) Not more than one-third of the total roof area may be consumed
by such features.
111

(2) The features described in subdivision (c)(3) above must be set
back from the edge of the roof a minimum distance of one foot
• for every foot by which such features extend above the roof
surface of the principal building to which they are attached.
(3) The permit issuing authority may authorize or require that parapet
walls be constructed (up to a height not exceeding that of the
features screened) to shield the features listed in subdivisions
(c)(1) and (3) from view.
(e)' Notwithstanding subsection (b), in any zoning district the vertical
distance from the ground to a point of access to a roof surface of any
nonresidential building or any multi -family residential building containing four
or more dwelling units may not exceed thirty-five feet unless the fire chief
certifies to the permit -issuing authority that such building is designed to
provide adequate access for fire fighting personnel or the building inspector
certifies that the building is otherwise designed or equipped to provide adequate
protection against the dangers of fire.
Section 187 Cluster Subdivisions.
(a) In any single-family residential subdivision in the zones indicated
below, a developer may create lots that are smaller than those required by
Section 181 if such developer complies with the provisions of this section and
if the lots so created are not smaller than the minimums set forth in the
following table:
•Zone Minimum Souare Feet
r�
U
R-20
15,000
R-14
10,000
R-10
7,500
R-5
5,000
(b) The intent of this section is to authorize the developer to decrease
lot sizes and leave the land "saved" by so doing as usable open space, thereby
lowering development costs and increasing the amenity of the project without
increasing the density beyond what would be permissible if the land were
subdivided into the size of lots required by Section 181.
(c) The amount of usable open space that must be set aside shall be
determined by:
(1) Subtracting from the standard square footage requirement set
forth in Section 181 the amount of square footage of each lot
that is smaller than that standard;
(2) Adding together the results obtained -in (1) for each lot.
112

(d) The provisions of this section may only be used if the usable open
space set aside in -a subdivision comprises at least 10,000 square feet of space
• that satisfies the definition of usable open space set forth in Section 198 and
if such usable open space is otherwise in compliance with the provisions of
Article XIII.
0
n
LJ
(e) The setback requirements of Sections 184 and 185 shall apply in cluster
subdivisions.
Section 188 Architecturally Integrated Subdivisions.
(a) In any architecturally integrated subdivision, the developer may create
lots and construct buildings without regard to any minimum lot size, lot width,
or setback restrictions except that:
(1) Lot boundary setback requirements shall apply where and to the
extent that the subdivided tract abuts land that is not part of
the subdivision; and
(2) Each lot must be of sufficient size and dimensions that it can
support the structure proposed to be located on it, consistent
with all other applicable requirements of this chapter.
(b) The number of dwelling units in an architecturally integrated
subdivision may not exceed the maximum density authorized for the tract under
Section 182.
(c) To the extent reasonably
amount of land "saved" by creating
forth in Section 181 shall be set
practicable, in residential subdivisions the
lots that are smaller than the standards set
aside as usable open space.
(d) The purpose of this section is to provide flexibility,
the public health and safety and without increasing overall
developer who subdivides property and constructs buildings on
in accordance with a unified and coherent plan of development.
Section 189 Density on Lots where Portion Dedicated to Town.
consistent with
density, to the
the lots -created
(a) Subject to the other provisions of this section, if (i) any portion
of a tract lies within an area designated on any officially adopted town plan
as part of a proposed public park, greenway, or bikeway, and (ii) before the
tract is developed, the owner of the tract, with the concurrence of the town,
dedicates to the town that portion of the tract so designated, then, when the.
remainder of the tract is developed for residential purposes, the permissible
density at which the remainder may be developed shall be calculated in accordance
with the provisions of this section.
113

(b) If the proposed use of the remainder is a single family detached
residential subdivision, then the lots in such subdivision may be reduced in
• accordance with the provisions of Sections 187 and 188 except that the developer
need not set aside usable open space to the extent that an equivalent amount of
land has previously been dedicated to the town in accordance with subsection (a).
(c) If the proposed use of the remainder is a two-family or multifamily
project, then the permissible density at which the remainder may be developed
shall be calculated by regarding the dedicated portion of the original lot as
if it were still part of the lot proposed for development.
(d) If the portion of the tract that remains after dedication as provided
in subsection (a) is divided in such a way that the resultant parcels are
intended for future subdivision or development, then each of the resultant
parcels shall be entitled to its pro rata share of the "density bonus" provided
for in subsections (b) and (c).
Sections 190 through 195 Reserved.
114

0
ARTICLE XI -II
RECREATIONAL FACILITIES AND OPEN SPACE
Section 196 Miniparks Required.
(a) Subject to subsection (c), all residential developments shall provide
(through dedication or reservation, see Sections 199 and 200) recreational areas
in the form of miniparks (as described in Section 197) in an amount equal to
.0025 acres (108.9 square feet) per person expected to reside in that development
(as determined in accordance with subsection (b)). Such recreational areas shall
be provided in addition to the open space areas required by Section 198.
(b) For purposes of this section, one -bedroom dwelling units shall be
deemed to house an average of 1.4 persons, two -bedroom units 2.2 persons,
three -bedroom units 3.2 persons, and units with four or more bedrooms 4.0
persons. In residential subdivisions that are not approved as architecturally
integrated subdivisions, each lot that is large enough for only a single dwelling
unit shall be deemed to house an average of 3.2 persons. Each lot that is large
enough to accommodate more than one dwelling unit shall be deemed to house 2.2
persons for each dwelling unit that can be accommodated.
(c) The Council recognizes that miniparks must be of a certain minimum size
to be usable and that such miniparks will not serve the intended purpose unless
properly maintained. Therefore, residential developments that are small enough
so that the amount of required minipark space does not exceed 2,000 square feet
• are exempt from the provisions of this- section. However, as used in the
foregoing sentence, the term "development" refers to the entire project developed
on a single tract or contiguous multiple tracts under common ownership,
regardless of whether the development is constructed in phases or stages. In
addition, subdivided residential developments of less than twenty-five dwelling
units shall also be exempt from the provisions of this section.
Section 197 Minioarks• Purpose and Standards.
(a) The purpose of the minipark is to provide adequate active recreational
facilities to serve the residents of the immediately surrounding neighborhood
within the development. The following are illustrative of the types of
facilities that shall be deemed to serve active recreational needs and therefore
to count toward satisfaction of the minipark requirements of this article:
tennis courts, racquetball courts, swimming pools, sauna and exercise rooms,
meeting or activity rooms within clubhouses, basketball courts, swings, slides,
and play apparatus.
(b) Each development shall satisfy its minipark requirement by installing
the types of recreational facilities that are most likely to be suited to and
used by the age bracket of persons likely to reside in that development.
However, unless it appears that less than five percent of the residents of any
development are likely to be children under twelve, then at least fifteen percent
of the minipark must be satisfied by the construction of "tot lots" (i.e., areas
is as
with imaginative play apparatus oriented to younger children as well
as seating accommodations for parents).
115

• (c) The total -acreage of miniparks required by Section 196 shall be divided
into miniparks of not less than 2,000 square feet nor more than 30,000 square
feet.
(d) Miniparks shall be attractively landscaped and shall be provided with
sufficient natural or manmade screening or buffer areas to minimize any negative
impacts upon adjacent residences.
(e) Each minipark shall be centrally located and easily accessible so that
it can be conveniently and safely reached and used by those persons in the
surrounding neighborhood it is designed to serve.
(f) Each minipark shall be constructed on land that is relatively flat,
dry, and capable of serving the purposes intended by this article.
Section 198 Usable Open Space.
(a) Except as provided in subsection (c), every residential development
shall be developed so that at least five percent of the total area of the
development remains permanently as usable open space.
(b) For purposes of this section, usable open space means an area that:
(1) Is not encumbered with any substantial structure;
• (2) Is not devoted to use as a roadway, parking area, or sidewalk;
(3) Is left in its natural or undisturbed state (as of the date
development began), if wooded, except for the cutting of trails
for walking or jogging, or, if not wooded at the time of
development, is landscaped for ballfields, picnic areas, or
similar facilities, or is properly vegetated and landscaped with
the objective of creating a wooded area or other area that is
consistent with the objective set forth in subdivision (4);
(4) Is capable of being used and enjoyed for purposes of informal and
unstructured recreation and relaxation; and
(5) Is legally and practicably accessible to the residents of the
development out of which the required open space is taken, or to
the public if dedication of the open space is required pursuant
to Section 200.
(6) Consists of land no more than twenty-five percent of which lies
within an area of special flood hazard or a floodway as those
terms are defined in Section 251.
(c) Subdivided residential developments of less than twenty-five dwelling
units are exempt from the requirements of this section unless the town agrees
that it will accept an offer of dedication of such open space, and in that case
• the offer of dedication shall be made.
116

.7
(a) Except as provided in Section 200, recreation facilities and usable
open space required to be provided by the developer in accordance with this
article shall not be dedicated to the public but shall remain under the ownership
and control of the developer (or his successor) or a homeowners association or
similar organization that satisfies the criteria established.in Section 203.
(b) The person or entity identified in subsection (a) as having the right
of ownership and control over such recreational facilities and open space shall
be responsible for the continuing upkeep and proper maintenance of the same.
Section 200 Dedication of Open Space.
(a) If any portion of any lot proposed for residential development lies
within an area designated on the officially adopted recreation master plan as
a neighborhood park or part of the greenway system or bikeway system, the area
so designated (not exceeding five percent of the total lot area) shall be
included as part of the area set aside to satisfy the requirement of Section 198.
This area shall be dedicated to public use.
(b) If more than five percent of a lot proposed for residential development
lies within an area designated as provided in subsection (a), the town may
attempt to acquire the additional land in the following manner:
(1) The developer may be encouraged to resort to the procedures
authorized in Sections 187 or 188 and to dedicate the common open
space thereby created; or
(2) The town may purchase or condemn the land.
(c) An executed general warranty deed conveying the dedicated land to -the
Town of Edenton shall be submitted to the Town within 30 working days of the
approval by the Town Council of a subdivision plat or development plan.
Section 201 Payments in Lieu of Dedication.
(a) Any developer required to dedicate land pursuant to this article, with
the approval of the Town Council, may make a payment in lieu of such dedication,
or may make combination dedication and partial payment in lieu of dedication,
whichever, in the opinion of the Town Council, shall be in the best interest of
the citizens of the area to be served.
(b) Any such payment in lieu of dedication shall be the product of the
number of acres to be dedicated multiplied by the average fair market value of
the land being subdivided at the time of the submission of the final subdivision
plat or final development plan.
117

(c) In case of a disagreement between the town and the developer as to the
• fair market value,- such determination shall be made by a special appraisal
committee made up of one (1) professional appraiser appointed by the Town
Manager, one (1) professional appraiser appointed by the developer, and one (1)
professional appraiser appointed by the initial two (2) committee appointees.
The Committee shall view the land and hear the contentions of both the Town and
the developer. The findings of the Committee shall be by a majority vote and
shall be certified to the Town Council in writing within thirty (30) days of the
time of appointment of the third member of the Committee. The costs of all
professional land appraisers shall be borne entirely by the developer. (A
professional appraiser is an individual who can show by legal credentials and
experience that he or she has a knowledge of land appraisals of a similar type.)
(d) All monies received by the town pursuant to this section shall be used
only for the acquisition or development of recreational and park sites
benefitting the new development and the residents in the vicinity of the
development.
Section 202 Procedure for Requesting Payment in Lieu of Dedication of Land.
(a) The developer shall attach to the subdivision plat, or in the case of
a planned development, the preliminary development plan, a letter requesting
approval to make payment in lieu of dedication of land pursuant to this article.
In this letter, the developer shall state the proposed per acre value and
include, in writing, the basis for determination -of this value.
• (b) Upon receipt of the subdivision plat, or in the case of a planned
development, the preliminary development plan, the administrator shall submit
a copy thereof with attached letter requesting approval to make payment in lieu
of dedication to the Town Manager at least twenty (20) working days prior to the
Town Council's next scheduled meeting. The Town Manager shall submit any and
all recommendations concerning payment in lieu of dedication to the Town Council
at its next scheduled meeting following review by the Town Manager.
(c) Upon approval by the Town Council, payment in lieu of dedication shall
be made at the time of final plat submittal or within one (1) year of the
approval of the final development plan, except as otherwise approved by the Town
Council.
Section 203 Homeowners Associations.
Homeowners associations or similar legal entities that, pursuant to Section
199, are responsible for the maintenance and control of common areas, including
recreational facilities and open space, shall be established in such a manner
that:
(1) Provision for the establishment
is made before any lot in the
occupied;
of the association or similar entity
development is sold or any building
• (2) The association or similar legal entity has clear legal authority to
maintain and exercise control over such common areas and facilities;
118

(3) The association or similar legal entity has the power to compel
contributions from residents of the development to cover their
proportionate shares of the costs associated with the maintenance and
upkeep of such common areas and facilities. -
Section 204 Flexibility in Administration Authorized.
(a) The requirements set forth in this article concerning the amount, size,
location and nature of recreational facilities and open space to be provided in
connection with residential developments are established by the Council as.
standards that presumptively will result in the provision of that amount of
recreational facilities and open space that is consistent with officially adopted
town plans. The Council recognizes, however, that due to the particular nature
of a tract of land, or the nature of the facilities proposed for installation,
or other factors, the underlying objectives of this article may be achieved even
though the standards are not adhered to with mathematical precision. Therefore,
the permit issuing body is authorized to permit minor deviations from these
standards whenever it determines that: (i) the objectives underlying these
standards can be met without strict adherence to them; and (ii) because of
peculiarities in the developer's tract of land or the facilities proposed it
would be unreasonable to require strict adherence to these standards.
(b) Whenever the permit issuing board authorizes some deviation from the
standards set forth in this article pursuant to subsection (a), the official
record of action taken on the development application shall contain a statement
• of the reasons for allowing the deviation.
Section 205 Authority to Sell.
The Town Council shall have the authority to sell land dedicated pursuant
to this article with the proceeds of any such sale used solely for the
acquisition and/or development of other recreation, park or open space -sites.
Section 206 Land Acceptance.
The Town Council shall have the authority to accept or reject land
dedications made as a requirement of this article. At the developer's request,
the Town Council may accept a land dedication located elsewhere in the town's
jurisdiction in lieu of a land dedication at the site of the proposed
development.
Sections 207 through 209 Reserved.
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ARTICLE XIV
• STREETS AND SIDEWALKS
Section 210 Street Classification.
(a) In all new subdivisions, streets that are dedicated to public use
shall be classified as provided in subsection (b).
(1) The classification shall be based upon the projected volume of
traffic to be carried by the street, stated in terms of the number
of trips per day;
(2) The number of dwelling units to be served by the street may be
used as a useful indicator of the number of trips but is not
conclusive;
(3) Whenever a subdivision street continues an existing street that
formerly terminated outside the subdivision or it is expected
that a subdivision street will be continued beyond the subdivision
at some future time, the classification of the street will be
based upon the street in its entirety, both within and outside
of the subdivision.
(b) The classification of streets shall be as follows:
• (1) Minor: A street whose sole function is to provide access to
abutting properties. It serves or is designed to serve not more
than nine dwelling units and is expected to or does handle up to
seventy-five trips per day.
(2) Local: A street whose sole function is to provide access to
abutting properties. It serves or is designed to serve at least
ten but no more than twenty-five dwelling units and is expected
- to or does handle between seventy-five and two -hundred trips per
day.
(3) Cul-de-sac: A street that terminates in a vehicular turn -around.
(4) Subcollector: A street whose principal function is to provide
access to abutting properties but is also designed to be used or
is used to connect minor and local streets with collector or
arterial streets. Including residences indirectly served through
connecting streets, it serves or is designed to serve at least
twenty-six but not more than one hundred dwelling units and is
expected to or does handle between two hundred and eight hundred
trips per day.
(5) Collector: A street whose principal function is to carry traffic
between minor, local, and subcollector streets and arterial
streets but that may also provide direct access to abutting
• properties. It serves or is designed to serve, .directly or
120

indirectly, more than one hundred dwelling units and is designed
• to be used or is used to carry more than eight hundred trips per
day.
(6) Arterial: A major street in the town 's street. system that serves
as an avenue for the circulation of traffic into, out, or around
the town and carries high volumes of traffic.
(7) Marginal Access Street: A street that is parallel to and adjacent
to an arterial street and that is designed to provide access to
abutting properties so that these properties are somewhat
sheltered from the effects of the through traffic on the arterial
street and so that the flow of traffic on the arterial street is
not impeded by direct driveway access from a large number of
abutting properties.
Section 211 Access to Lots.
Every lot shall have access to it that is sufficient to afford a reasonable
means of ingress and egress for emergency vehicles as well as for all those
likely to need or desire access to the property in its intended use.
Section 212 Access to Arterial Streets.
Whenever a major subdivision that involves the creation of one or more new
• streets borders on or contains an existing or proposed arterial street, no direct
driveway access may be provided from the lots within this subdivision onto this
street.
Section 213 Entrances to Streets.
(a) All driveway entrances and other openings onto streets within the
town's planning jurisdiction shall be constructed so that:
(1) Vehicles can enter and exit from the lot in question without
posing any substantial danger to themselves, pedestrians, or
vehicles travelling in abutting streets; and
(2) Interference with the free and convenient flow of traffic in
abutting or surrounding streets is minimized.
(b) Specifications for driveway entrances are set forth in Appendix B to
this chapter. If driveway entrances and other openings onto streets are
constructed in accordance with the foregoing specifications and requirements,
this shall be deemed prima facie evidence of compliance with the standard set
forth in subsection (a).
(c) For purposes of this section, the term "prima facie evidence" means
that the permit -issuing authority may (but is not required to) conclude from
• this evidence alone that the proposed development complies with subsection (a).
121

• Section 214 Coordination with Surrounding Streets.
(a) The street system of a subdivision shall be coordinated with existing,
proposed and anticipated streets outside the subdivision or -outside the portion
of a single tract that is being divided into lots (hereinafter, "surrounding
streets") as provided in this section. Where applicable, the street layout in
all new subdivisions shall conform to the arrangement, width, and location
indicated on any official thoroughfare plan for state and local streets.
(b) Collector streets shall intersect with surrounding collector or
arterial streets at safe and convenient locations.
(c) Subcollector, local, and minor residential streets shall connect with
surrounding streets where necessary to permit the convenient movement of traffic
between residential neighborhoods or to facilitate access to neighborhoods by
emergency service vehicles or for other sufficient reasons, but connections shall
not be permitted where the effect would be to encourage the use of such streets
by substantial through -traffic.
(d) Whenever connections to anticipated or proposed surrounding streets
are required by this section, the street right-of-way shall be extended and the
street developed to the property line of the subdivided property (or to the edge
of the remaining undeveloped portion of a single tract) at the point where the
connection to the anticipated or proposed street is expected. In addition, the
permit issuing authority may require temporary turnarounds to be constructed at
the end of such streets pending their extension when such turnarounds appear
• necessary to facilitate the flow of traffic or accommodate emergency vehicles.
Notwithstanding the other provisions of this subsection, no temporary dead-end
street in excess of 1,000 feet may be created unless no other practicable
alternative is available.
Section 215 Relationship of Streets to Topography.
(a) Streets shall be related appropriately to the topography. In
particular, streets shall be designed to facilitate the drainage and storm water
runoff objectives set forth in Article XVI, and street grades shall conform as
closely as practicable to the original topography.
(b) As indicated in Section 216, the maximum grade at any point on a street
constructed without curb and gutter shall be six percent. On streets constructed
with curb and gutter the grade shall not exceed six percent unless no other
practicable alternative is available. However, in no case may streets be
constructed with grades that, in the professional opinion of the public works
director, create a substantial danger to the public safety.
122

• V V VY -♦ I J I V 11 a.
(a) Street rights -of -way are designed and developed to serve several
functions: (i) to carry motor vehicle traffic, and in --some cases, allow
on -street parking; (ii) to provide a safe and convenient passageway for
pedestrian traffic; and (iii) to serve as an important link in the town's
drainage system. In order to fulfill these objectives, all public streets shall
be constructed to meet either the standards set forth in subsection (b) or
subsection (c).
(b) All streets, except as provided in subsection (c), shall be constructed
with curb and gutter and shall conform to the other requirements of this
subsection. Only standard 90' curb may be used, except that roll -type curb shall
be permitted along minor and local streets within residential subdivisions.
Street pavement width shall be measured from curb face to curb face where 900
curb is used, and from the center of the curb where roll -type curb is used.
TYPE
MINIMUM RIGHT OF WAY
MINIMUM PAVEMENT
SIDEWALK
STREET
WIDTH
WIDTH
REOUIREMENT
Minor
50,
24'
None
Local
60'
24'
As Determined by
Subcollector
60'
26'
Town Council
As Determined by
Collector
601
32'
Town Council
As Determined by
•
Town Council
(c) Where the Public Works Director determines that, due to site -specific
drainage requirements and proposed street grade, six foot wide shoulders and
drainage swales would be more appropriate than curb and gutter, the requirements
of subsection (b) may be waived. In such cases, streets shall be constructed
according to the criteria indicated in the table that follows as well as
specifications referenced in Section 219. No sidewalks shall be required for
such streets.
TYPE MINIMUM RIGHT-OF-WAY MINIMUM PAVEMENT
STREET WIDTH WIDTH
Minor 50' 201
Local
Subcollector 60' 22'
(d) Where required by the Town Council, sidewalks shall be at least four
feet in width and constructed according to the specifications set forth in
Appendix C, except that the Town Council may permit the installation of walkways
constructed with other suitable materials when it -concludes that:
(1) Such walkways would serve the residents of the development as
adequately as concrete sidewalks; and
• (2) Such walkways would be more environmentaliy desirable or more in
keeping with the overall design of the development.
123

• (e) Whenever -the Town Council finds that a means of pedestrian access is
necessary from the subdivision to schools, parks, playgrounds, or other roads
or facilities and that such access is not conveniently provided by sidewalks
adjacent to the streets, the developer may be required to reserve an unobstructed
easement of at least ten feet in width to provide such access.
0
0
Section 217 General Layout of Streets.
(a) Subcollector, local, and minor residential streets shall be curved
whenever practicable to the extent necessary to avoid conformity of lot
appearance.
(b) Cul-de-sacs and loop streets are encouraged so that through traffic
on residential streets is minimized. Similarly, to the extent practicable,
driveway access to collector streets shall be minimized to facilitate the free
flow of traffic and avoid traffic hazards.
(c) All permanent dead-end streets (as opposed to temporary dead-end
streets, see Subsection 214(d)) shall be developed as cul-de-sacs in accordance
with the standards set forth in subsection (d). Except. where no other
practicable alternative is available, such streets shall be designed so as to
provide access to no more than 20 dwelling units or a maximum ADT of 200,
whichever is greater. ADT is calculated according to the following trip
generation rate:
Use
Single-family
Apartment, Condominium
Mobile Home
Retirement Community
Non-residential
Generation
R=
10.0
6.1
4.8
3.3
As determined by
generation rates
Maximum
Units
20
32
41
60
appropriate trip.
(d) The right-of-way of a cul-de-sac shall have a radius of fifty feet.
The radius of the paved portion of the turn -around (measured to the outer edge
of the pavement) shall be thirty-five feet, and the pavement width shall be
twelve feet without curb and gutter or eighteen feet with curb and gutter. The
unpaved center of the turn -around area shall be landscaped.
(e) Half streets (i.e., streets of less than the full required right-
of-way and pavement width) shall not be permitted except where such streets,
when combined with a similar street (developed previously or simultaneously) on
property adjacent to the subdivision, creates or comprises a street that meets
the right-of-way and pavement requirements of this chapter.
(f) Streets shall be laid out so that residential blocks do not exceed
1,000 feet, unless no other practicable alternative is available.
124

Section 218 Street Intersections.
• (a) Streets shall intersect as nearly as possible at right angles, and no
two streets may intersect at less than 601. Not more than two streets shall
intersect at any one point, unless the public works director certifies to the
permit issuing authority that such an intersection can be constructed with no
extraordinary danger to public safety.
(b) Whenever possible, proposed intersections along one side of a street
shall coincide with existing or proposed intersections on the opposite side of
such street. In any event, where a center line offset (jog) occurs at an
intersection, the distance between centerlines of the intersecting streets shall
be not less than 150 feet.
(c) Except when no other alternative is practicable or legally possible,
no two streets may intersect with any other street on the same side at a distance
of less than 400 feet measured from centerline to centerline of the intersecting
street. When the intersected street is an arterial, the distance between
intersecting streets shall be at least 1,000 feet.
Section 219 Construction Standards and Specifications.
Construction and design standards and specifications for streets, sidewalks,
and curbs and gutters are contained in Appendix C, and all such facilities shall
be completed in accordance with these standards.
Section 220 Private Streets and Private Roads in Subdivisions.
(a) Except as otherwise provided in this section, all lots created after
the effective date of this section shall abut a public street at least to the
extent necessary to comply with the access requirement set forth in Section 211.
For purposes of this subsection, the term "public street" includes a pre-existing
public street as well as a street created by the subdivider that meets the public
street standards of this article and is dedicated for public use. Unless the
recorded plat of a subdivision clearly shows a street to be private, the
recording of such a plat shall constitute an offer of dedication of such street.
(b) Architecturally integrated residential subdivisions containing
twenty-five or more dwelling units may be developed with private roads that do
not meet the public street and sidewalk standards of this chapter so long as:
(1) The proposed development will have direct access onto a public
street or, if the tract has access to a public street only via
a private road, such private road is improved to public street
standards;
(2) No road intended to be private is planned to be extended to serve
property outside that development; and
(3) The standards applicable to unsubdivided developments set forth
• in Sections 221 and 222 are complied with.
125

(c) Architecturally integrated subdivisions containing any number of
• dwelling units may be developed with private roads that do meet the public street
and sidewalk standards of this chapter but that are not intended for dedication
to the public so long as:
(1) The proposed development will have direct access into a public
street or, if the tract has access to a public street only via
a private road, such private road is improved to public street
standards;
(2) No road intended to be private is planned or expected to be
extended to serve property outside the development; and
(3) The subdivider demonstrates to the reasonable satisfaction of
the Council that the private roads will be properly maintained.
(d) A subdivision in which the access requirement of Section 211 is
satisfied by a private road that meets neither the public street standards nor
the standards set forth in Section 221 may be developed so long as, since the
effective date of this chapter, not more than three lots have been created out
of that same tract.
(1) The intent of this subsection is primarily to allow the creation
of not more than three lots developed for single-family
residential purposes. Therefore, the permit -issuing authority
may not approve any subdivision served by a private road
authorized by this subsection in which one or more of the lots
• thereby created is intended for (i) two-family or multi -family
residential use or (ii) any other residential or nonresidential
use that would tend to generate more traffic than that customarily
generated by three single-family residences.
(2) To ensure that the intent of this subsection is not subverted,
the permit -issuing authority may, among other possible options,
require that the approved plans show the types and locations of
buildings on each lot or that the lots in a residential
subdivision served by a private road be smaller than the
permissible size of lots on which two-family or multi -family
developments could be located or that restrictive covenants
limiting the use of the subdivided property in accordance with
this section be recorded before final plat approval.
(e) No final plat that shows lots served by private roads may be recorded
unless the final plat contains the following notations:
(1) "Further subdivision of any lot shown on this plat as served by
a private road may be prohibited by the Edenton Land Development
Ordinance."
(2) "The policy of the Town of Edenton is that, if the town improves
streets (i) that were never constructed to the standards required
in the Edenton Land Development Ordinance.for dedicated streets,
126

and (ii) on which 75% of the -dwelling units were constructed after
• the effective date of this chapter, then 100% of the costs of such
improvements shall be assessed to abutting landowners."
(3) "The maintenance of all private streets and -roads shown on this
plat shall be the responsibility of property owners within the
subdivision. The Town of Edenton will not maintain any private
street or road."
(f) The recorded plat of any subdivision that includes a private road
shall clearly state that such road is a private road. Further, the initial
purchaser of a newly created lot served by a private road shall be furnished by
the seller with a disclosure statement outlining the maintenance responsibilities
for the road, in accordance with the provisions of G.S. 136-102.6.
Section 221 Road and Sidewalk Reauirements in Unsubdivided Developments.
(a) Within unsubdivided developments, all private roads and access ways
shall be designed and constructed to facilitate the safe and convenient movement
of motor vehicle and pedestrian traffic. Width of roads, use of curb and gutter,
and paving specifications shall be determined by the provisions of this chapter
dealing with parking (Article XVIII) and drainage (Article XVI). To the extent
not otherwise covered in the foregoing articles, and to the extent that the
requirements set forth in this article for subdivision streets may be relevant
to the roads in unsubdivided developments, the requirements of this article may
be applied to satisfy the standard set forth in the first sentence of this
• subsection.
C
(b) Whenever a road in an unsubdivided development connects two or more
subcollector, collector, or arterial streets in such a manner that any
substantial volume of through traffic is likely to make use of this road, such
road shall be constructed in accordance with the standards applicable to
subdivision streets and shall be dedicated. In other cases when roads in
unsubdivided developments within the town are constructed in accordance with
the specifications for subdivision streets, the town may accept an offer of
dedication of such streets.
(c) In all unsubdivided residential development, sidewalks shall be
provided linking dwelling units with other dwelling units, the public street,
and on -site activity centers such as parking areas, laundry facilities, and
recreational areas and facilities. Notwithstanding the foregoing, sidewalks
shall not be required where pedestrians have access to a road that serves not
more than nine dwelling units.
(d) Whenever the permit issuing authority finds that a means of pedestrian
access is necessary from an unsubdivided development to schools, parks,
playgrounds, or other roads or facilities and that such access is not
conveniently provided by sidewalks adjacent to the roads, the developer may be
required to reserve an unobstructed easement of at least ten feet to provide
such access.
127

(e) The sidewalks required by this section shall be at least four feet
• wide and constructed according to the specifications set forth in Appendix C,
except that the permit issuing authority may permit the installation of walkways
constructed with other suitable materials when it concludes that:
(1) Such walkways would serve the residents of the development as
adequately as concrete sidewalks; and
(2) Such walkways could be more environmentally desirable or more in
keeping with the overall design of the development.
Section 222 Attention to Handica ed in Street and Sidewalk Construction.
(a) As provided in G.S. 136-44.14 whenever curb and gutter construction
is used on public streets, wheelchair ramps for the handicapped shall be provided
at intersections and other major points of pedestrian flow. Wheelchair ramps
and depressed curbs shall be constructed in accordance with published standards
of the North Carolina Department of Transportation, Division of Highways.
(b) In unsubdivided developments, sidewalk construction for the handicapped
shall conform to the requirements of Section 11X of the North Carolina State
Building Code.
Section 223 Street Names and House Numbers.
• (a) Street names shall be assigned by the developer subject to the approval
of the permit issuing authority. Proposed streets that are obviously in
alignment with existing streets shall be given the same name. Newly created
streets shall be given names that neither duplicate nor are phonetically similar
to existing streets within the town's planning jurisdiction, regardless of the
use of different suffixes (such as those set forth in subsection (b)).
(b) Street names shall include a suffix such as the following:
(1) Circle: A short street that returns to itself.
(2) Court or Place: A cul-de-sac or dead-end street.
(3) Loop: A street that begins at the intersection with one street
and circles back to end at another intersection with the same
street.
n
U
(4) Street, Avenue and other common suffixes not applying above:
All public streets not designated by another suffix.
(c) Building numbers shall be assigned by the town.
128

Section 224 Bridges.
is All bridges shall be constructed in accordance with the standards and
specifications of the [state or local] Department of Transportation, except that
bridges on roads not intended for public dedication may be approved if designed
by a licensed architect or engineer.
Section 225 Utilities.
Utilities installed in public rights -of -way or along private roads shall
conform to the requirements set forth in Article XV, Utilities.
Section 226 Cost of Street and Sidewalk Improvements
The cost of installing street and sidewalk improvements required by this
article shall be borne entirely by the developer. In no case shall the Town of
Edenton be responsible for the cost of street and sidewalk improvements required
by this article.
Section 227 Street Name and Traffic Signs
Street name and traffic signs which meet
Department of Transportation specifications
intersections. The cost to install street nam
• by the developer.
Sections 228 through 235 Reserved
C
129
e
standard Town of Edenton and N.C.
shall be placed at all street
and traffic signs shall be borne

•
ARTICLE XY
UTILITIES
Section 236 Utility Ownership and Easement Rights.
In any case in which a developer installs or causes the installation of
water, sewer, electrical power, telephone, or cable television facilities and
intends that such facilities shall be owned, operated or maintained by a public
utility or any entity other than the developer, the developer shall transfer to
such utility or entity the necessary ownership or easement rights to enable the
utility or entity to operate and maintain such facilities. In addition, the
developer, in accordance with Section 247, shall dedicate sufficient easement
rights to accommodate the extension of utility facilities which will serve
adjacent or nearby developments. Easement rights transferred to the Town under
this section shall include provisions for the optional use of hiking, bicycling,
and pedestrian activities within the easement.
Section 237 Lots Served by Governmentally Owned Water or Sewer Lines.
(a) Whenever it is legally possible and practicable in terms of topography
to connect a lot with a town water or sewer line by running a connecting line
not more than 200 feet from the lot to such line, then no use requiring water
or sewage disposal service may be made of such lot unless connection is made to
such line.
• (b) Connection to such water or sewer line is not legally possible if, in
order to make connection with such line by a connecting line that does not exceed
200 feet in length, it is necessary to run the connecting line over property not
owned by the owner of the property to be served by the connection, and, after
diligent effort, the easement necessary to run the connecting line cannot
reasonably be obtained.
(c) For purposes of this article, a lot is "served" by a town owned water
or sewer line if connection is required by this section.
Section 238 Sewage Disposal Facilities Required.
Every principal use and every lot within a subdivision shall be served by
a sewage disposal system that is adequate to accommodate the reasonable needs
of such use or subdivision lot and that complies with all applicable health
regulations. When a subdivision is within the town limits, the subdivider shall
connect to the Edenton sewer system in order to provide sewer service to every
lot within the subdivision.
130

•
Section 239 Determining Compliance With Section 238.
(a) Primary responsibility for determining whether a proposed development
will comply with the standard set forth in Section 238 often lies with an agency
other than the town, and the developer must comply with the -detailed standards
and specifications of such other agency. The relevant agencies are listed in
subsection (b). Whenever any such agency requires detailed construction or
design drawings before giving its official approval to the proposed sewage
disposal system, the authority issuing a permit under this section may rely upon
a preliminary review by such agency of the basic design elements of the proposed
sewage disposal system to determine compliance with Section 238. However,
construction of such system may not be commenced until the detailed plans and
specifications have been reviewed and any appropriate permits issued by such
agency.
(b) In the following table, the column on the left describes the type of
development and the column on the right indicates the agency that must certify
to the town whether the proposed sewage disposal system complies with the
standard set forth in Section 238.
IF
(1) The use is located on a lot
that is served by the town
sewer system or a previously
approved, privately -owned
package treatment plant, and
the use can be served by a
simple connection to the system
(as in the case of a single-
family residence) rather than
the construction of an internal
collection system (as in the
case of a shopping center or
apartment complex):
(2) The use (other than a sub-
division) is located on a lot
that is served by the town
sewer system but service to the
use necessitates construction
of an internal collection
system (as in the case of a
shopping center or apartment
complex); and
a. The internal collection
system is to be transferred
to and maintained by the
town:
131
THEN
No further certification is
necessary.
The public works director must
certify to the town that the
proposed internal collection
system meets the town's
specifications -and will be
accepted by the town. (A

•
(3)
b. The internal collection
system is to be privately
maintained:
The use (other than a sub-
division) is not served by the
town system but is to be served
by a privately operated sewage
treatment system (that has not
previously been approved) with
3000 gallons or less design
capacity, the effluent from
which does not discharge to
surface water:
(4) The use (other than a sub-
division) is to be served by a
privately operated sewage
system (not previously
approved) that has a design
capacity of more than 3000
gallons or that discharges
effluent into surface waters:
(5) The proposed use is a sub-
division; and
a. Lots within the subdivision
are to be served by simple
connection to existing town
lines or lines of a
previously approved private
system:
b. Lots within the subdivision
are to be served by the town
system but the developer will
be responsible for installing
the necessary additions to
the town system:
132
"Permit to Construct" must be
obtained from the Division of
Environmental Management.)
The public - works director must
certify that the proposed
collection system is adequate.
The County Health Department
(CHD) must certify to the town
that the proposed system
complies with all applicable
state and local health
regulations. If the proposed
use is a single dwelling other
than a manufactured home, the
developer must obtain an
improvements permit from the
CHD. If the proposed use is
a single-family manufactured
home, the developer must
present to the town a
certificate of completion from
the CHD.
The Division of Environmental
Management (DEM) must certify
to the Town that the proposed
system complies with all
applicable state regulations.
(A "Permit to Construct" and
a "Permit to Discharge" must
be obtained from OEM.)
No further certification is
necessary.
The public works director must
certify to the town that the
proposed system meets the
town's specifications and will
be accepted by the town. (A
"Permit to Construct" must be
obtained from the Division of
Environmental Management of
the N.C. Department of

c. Lots within the subdivision
are to be served by a sewage
treatment system that has not
been approved, that has a
design capacity of 3000
gallons or less, and that
does not discharge into
surface waters:
d. Lots within the subdivision
are to be served by a
privately operated sewage
treatment system (not
previously approved) that has
a design capacity in excess
of 3000 gallons or that
discharges effluent into
surface waters:
Section 240 Water Supply System Required.
Environmental Health and
Natural Resources.)
The County -Health Department
must certify that the proposed
system complies with all
applicable state and local
health regulations. If each
lot within the subdivision is
to be served by a separate on -
site disposal system, the CHD
must certify that each lot
shown on a major subdivision
preliminary plat can probably
be served, and each lot on a
major or minor subdivision
final plat can be served by an
on -site disposal system.
The Division of Environmental
Management must certify that
the proposed system complies
with all applicable state
regulations. (A "Permit to
Construct" and a "Permit to
Discharge" must be obtained
from DEM.)
Every principal use and every lot within a subdivision shall be served by
a water supply system that is adequate to accommodate the reasonable needs of
such use or subdivision lot and that complies with all applicable health
regulations. When a subdivision is within the town limits, the subdivider shall
connect to the Edenton water system in order to provide water service to every
lot within the subdivision.
Section_ 241 Determining Compliance with Section 240.
(a) Primary responsibility for determining whether a proposed development
will comply with the standard set forth in Section 240 often lies with an agency
other than the town, and the developer must comply with the detailed standards
and specifications of such other agency. The relevant agencies are listed in
subsection (b). Whenever any such agency requires detailed construction or
design drawings before giving its official approval to the proposed water supply
system, the authority issuing a permit under this chapter -may rely upon a
133

preliminary review by such agency of the basic design elements of the proposed
• water supply system to determine compliance with Section 240. However,
construction of such system may not be commenced until the detailed plans and
specifications have been reviewed and any appropriate permits issued by such
agency. _
(b) In the following table, the column on the left describes the type of
development and the column on the right indicates the agency that must certify
to the town whether the proposed water supply system complies with the standard
set forth in Section 240.
IF THEN
(1) The use is located on a lot No further certification is
that is served by the town necessary.
water system or a previously
approved, privately owned
public water supply system and
the use can be served by a
simple connection to the system
(as in the case of a single
family residence) rather than
the construction of an internal
distribution system (as in the
case of a shopping center or
apartment complex):
• (2) The use (other than a sub-
division) is located on a lot
that is served by the town
water system but service to the
use necessitates construction
of an internal distribution
system (as in the case of a
shopping center or apartment
complex); and
a. The internal distribution The public works director must
system is to be transferred certify to the town that the
to and maintained by the proposed internal distribution
town: system meets town specifi-
cations and will be accepted
by, the town. (A "Permit to
Construct" must be obtained
from the Division of Health
Services.)
b. The internal distribution The public works director must
system is to be privately certify that the proposed
maintained: collection system is adequate.
134

(3)
(4)
The use (other than a sub-
division) is located on a lot
not served by the town system
or a previously approved,
privately owned public water
supply system; and
a. The use is to be served by a
privately owned public water
supply system that has not
previously been approved:
b. The use i s to be served by
some other source (such as an
individual well):
The proposed use is a sub-
division; and
a. Lots within the subdivision
are to be served by simple
connection to existing town
lines or lines of a
previously approved public
water supply system:
b. Lots within the subdivision
are to be served by the town
system but the developer will
be responsible for installing
the necessary additions to
such system:
135
The Division of Health
Services must certify that the
proposed system complies with
all applicable state and
federal regulations. (A
"Permit to Construct" must be
obtained from DHS.) The
Division of Environmental
Management must also approve
the plans if the water source
is a well and the system has
a design capacity of 100,000
gallons per day or is located
in certain areas designated by
DEM. The public works
director must also approve the
distribution lines for
possible future addition to
the town system. -
The County Health Department
must certify that the proposed
system meets all applicable
state and local regulations.
No further certification is
necessary.
The public works director must
certify to the town that the
proposed system meets town
specifications and will be
accepted by the town. (A
"Permit to Construct" must be
obtained from the Division of
Health Services.)

c. Lots within the subdivision
• are to be served by a
privately owned public water
supply system that has not
previously been approved:
0
0
d. Lots within the subdivision
are to be served by
individual wells:
Section 242 Lighting Requirements.
The Division of Health
Services must certify that the
proposed system complies with
all applicable state and
federal regulations. (A
"Permit to Construct" must be
obtained from DHS.) The
Division of Environmental
Management must also approve
the plans if the water source
is a well and the system has
a design capacity of 100,000
per day or is located within
certain areas designated by
DEM. The public works
director must also approve the
distribution lines for
possible future addition to
the town system.
The County Health Department
must certify to the town that
each lot intended to be served
by a well can be served in
accordance with applicable
health regulations.
(a) Subject to subsection (b), all public streets, sidewalks, and other
common areas or facilities in subdivisions created after the effective date of
this chapter shall be sufficiently illuminated to ensure the security of property
and the safety of persons using such streets, sidewalks, and other common areas
or facilities.
(b) To the extent that fulfillment of the requirement established in
subsection (a) would normally require street lights installed along public
streets, this requirement shall be applicable only to subdivisions located within
the corporate limits of the town. Street lights shall be placed at each
intersection and at such block spacing as may be required by the public works
director.
(c) All roads, driveways, sidewalks, parking lots, and other common areas
and facilities in unsubdivided developments shall be sufficiently illuminated
to ensure the security of property and the safety of persons using such roads,
driveways, sidewalks, parking lots, and other common areas and facilities.
(d) All entrances and exits in substantial buildings used for
non-residential purposes and in two-family or multi -family residential
developments containing more than four dwelling units shall be adequately lighted
to ensure the safety of persons and the security of the buildings.
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Section 243 Excessive Illumination.
• Lighting within any lot that unnecessarily illuminates any other lot and
substantially interferes with the use or enjoyment of such other lot is
prohibited. Lighting unnecessarily illuminates another lot if it clearly exceeds
the standard set forth in Section 242 or if the standard set forth in Section
242 could reasonably be achieved in a manner that would not substantially
interfere with the use or enjoyment of neighboring properties.
Section 244 Electric Power.
Every principal use and every lot within a subdivision shall have available
to it a source of electric power adequate to accommodate the reasonable needs
of such use and every lot within such subdivision. Compliance with this
requirement shall be determined as follows:
(1) If the use is not a subdivision and is located on a lot that is served
by an existing power line and the use can be served by a simple
connection to such power line (as opposed to a more complex
distribution system, such as would be required in an apartment complex
or shopping center), then no further certification is needed.
(2) If the use is a subdivision or is not located on a lot served by an
existing power line or a substantial internal distribution system will
be necessary, then the electric utility service provider must review
the proposed plans and certify to the town that it can provide service
• that is adequate to meet the needs of the proposed use and every lot
within the proposed subdivision.
Section 245 Telephone Service.
Every principal use and every lot within a subdivision must have available
to it a telephone service cable adequate to accommodate the reasonable needs of
such use and every lot within such subdivision. Compliance with this requirement
shall be determined as follows;
(1) If the use is not a subdivision and is located on a lot that is
served by an existing telephone line and the use can be served
by a simple connection to such power line (as opposed to a more
complex distribution system, such as would be required in an
apartment complex or shopping center), then no further
certification is necessary.
(2) If the use is a subdivision or is not located on a lot served by
an existing telephone line or a substantial internal distribution
system will be necessary, then the telephone utility company must
review the proposed plans and certify to the town that it can
provide service that is adequate to meet the needs of the proposed
use and every lot within the proposed subdivision.
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Section 246 Underground Utilities.
• (a) All electric power lines (not to include transformers or enclosures
containing electrical equipment including, but not limited to, switches, meters
or capacitors which may be pad mounted), telephone, gas distribution, and cable
television lines in subdivisions constructed after the effective date of this
ordinance shall be placed underground in accordance with the specifications and
policies of the respective utility service providers and located in accordance
with Appendix C, Standard Drawing No. 6 or 1.
(b) Whenever an unsubdivided development is hereafter constructed on a
lot that is undeveloped on the effective date of this section, then all electric
power, telephone, gas distribution, and cable television lines installed to serve
the development that are located on the development site outside of a previously
existing public street right-of-way shall be placed underground in accordance
with the specifications and policies of the respective utility companies.
(a) Whenever it can reasonably be anticipated that utility facilities
constructed in one development will be extended to serve other adjacent or nearby
developments, such utility facilities (e.g., water or sewer lines) shall be
located and constructed so that extensions can be made conveniently and without
undue burden or expense or unnecessary duplication of service as determined by
the Town of Edenton. The dedication of requisite utility easements and/or the
• construction of utility facilities may be -required, as determined necessary by
the Town of Edenton, to accommodate utility service to adjacent or nearby
properties.
(b) All utility facilities shall be constructed in such a manner as to
minimize interference with pedestrian or vehicular traffic and to facilitate
maintenance without undue damage to improvements or facilities located within
the development.
Section 248 As -Built Drawings Reouired.
Whenever a developer installs or causes to be installed any utility line
in any public right of way, the developer shall, as soon as practicable after
installation is complete, and before acceptance of any water or sewer line,
furnish the town with a copy of a drawing that shows the exact location of such
utility lines. Such drawings must be verified as accurate by the utility service
provider. Compliance with this requirement shall be a condition of the continued
validity of the permit authorizing such development.
Section 249 Fire Hydrants.
(a) Every development (subdivided or unsubdivided)*that is served by a
public water system shall include a system of fire hydrants sufficient to provide
• adequate fire protection for the buildings located or intended to be located
within such development.
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• (b) The presumption established by this ordinance is that to satisfy the
standard set forth in subsection (a), fire hydrants must be located so that all
parts of every building within the development may be served by a hydrant by
laying not more than 500 feet of hose connected to such hydrant. However, the
fire chief may authorize or require a deviation from this standard if, in his
professional opinion, another arrangement more satisfactorily complies with the
standard set forth in subsection (a).
(c) The fire chief shall determine the precise location of all fire
hydrants, subject to the other provisions of this section. In general, fire
hydrants shall be placed six feet behind the curb line of publicly dedicated
streets that have curb and gutter.
(d) The fire chief shall determine the design standards of all hydrants
based on fire flow needs. Unless otherwise specified by the fire chief, all
hydrants shall have two 2 1/2 inch hose connections and one 4 1/2 inch hose
connection. The 2 1/2 inch hose connections shall be located at least 21 1/2
inches from the ground level. All hydrant threads shall be national standard
threads.
(e) Water lines that serve hydrants shall be at least six inch lines, and,
unless no other practicable alternative is available, no such lines shall be
dead-end lines.
Section 250 Sites for and Screening of Dumosters.
(a) Every development that, under the town's solid waste collection
policies, is or will be required to provide one or more dumpsters for solid
waste collection shall provide sites for such dumpsters that are:
(1) Located so as to facilitate collection and minimize any negative
impact on persons occupying the development site, neighboring
properties, or public rights -of -way; and
(2) Constructed according to specifications established by the public
works director to allow for collection without damage to the
development site or the collection vehicle.
(b) All such dumpsters shall be screened if and to the extent that, in
the absence of screening, they would be clearly visible to:
(1) Persons located within any dwelling unit on residential property
other than that where the dumpster is located.
(2) Occupants, customers, or other invitees located within any
building on non-residential property other than that where the
dumpster is located, unless such other property is used primarily
for purposes permitted exclusively in an IW zoning district.
(3) Persons travelling on any public street, sidewalk, or other public
• way.
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(c) When dumpster screening is required under this section, such screening
• shall be constructed, installed, and located to prevent or remedy the conditions
requiring the screening.
Section 250.1 Sites for and Screening of Recycling Collection Boxes.
(a) Municipal recycling collection boxes shall be located so as to
facilitate collection and minimize any negative impact on neighboring properties
or public rights -of -way.
(b) All such recycling collection boxes shall be screened if and to the
extent that, in the absence of screening, they would be clearly visible to:
(1) Persons located within any dwelling unit on adjoining residential
property.
(2) Occupants, customers, or other invitees located within any
building on non-residential property other than that where the
recycling collection box is located, unless such other property
is used primarily for purposes permitted exclusively in an IW
zoning district.
(3) Persons travelling on any public street, sidewalk, or other public
way.
(c) When recycling collection box screening is required under this section,
• such screening shall be constructed, installed, and located to prevent or remedy
the conditions requiring the screening.
140

ARTICLE XVI
• FLOOD HAZARD AREAS, DRAINAGE, STORM WATER MANAGEMENT
Part I. Flood Hazard Areas
Section 251 Definitions.
Unless otherwise specifically provided, or unless clearly required by the
context, the words and phrases defined in this section shall have the meaning
indicated when used in this article.
(1) Addition (to and existing building). Any walled and roofed expansion
to the perimeter of a building in which the addition is connected by
a common load -bearing wall other than a fire wall. Any walled and
roofed addition which is connected by a fire wall or is separated by
independent perimeter load -bearing walls in new construction.
(2) Area of shallow flooding. A designated AO or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with base flood depths from one to
three feet where a clearly defined channel does not exist, where the
path of flooding is unpredictable and indeterminate, and where
velocity flow may be evident.
(3) Area of soecial flood hazard. The land in the floodplain within a
community subject to a one percent or greater chance of flooding in
• any given year. As used in this ordinance, the term refers to that
area designated as subject to flood from the one hundred year flood
on the "Flood Insurance Rate Map" prepared by the Federal Emergency
Management Agency and dated July 3, 1985 (#370062) a copy of which
is on file in the administrator's office. This area shall comprise
the flood hazard overlay district established in Section 140.
(4) Base flood. The flood having a one percent chance of being -equaled
or exceeded in any given year.
(5) Basement. That lowest level or story which has its floor subgrade
on all sides.
(6) Breakaway wall. A wall that is not part of the structural support
of the building and is intended through its design and construction
to collapse under specific lateral loading forces without causing
damage to the elevated portion of the building or the supporting
foundation system. A breakaway wall shall have a design safe loading
resistance of not less than 10 and no more than 20 pounds per square
foot. A wall with loading resistance of more than 20 pounds per
square foot requires an architect's or professional engineer's
certificate.
(7) Building. Any structure built for support, shelter, -or enclosure
for any occupancy or storage.
141

(8) Development. Any man-made change to improved or unimproved real
• estate, including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations.
(9) Elevated building. A non -basement building built to have the lowest
floor elevated above the ground level by means of fill, solid
foundation perimeter walls, pilings, columns (posts and piers), shear
walls, or breakaway walls.
(10) Flood or flooding. A general and temporary condition of partial or
complete inundation of normally dry land areas from:
(a) the overflow of inland or tidal waters; and,
(b) the unusual and rapid accumulation of runoff of surface waters
from any source.
(11) Flood Hazard Boundary Map (FHBM). An official map of a community,
issued by the Federal Emergency Management Agency, where the
boundaries of the areas of special flood hazard have been defined as
Zone A.
(12) Flood Insurance Rate Map (FIRM). An official map of a community, on
which the Federal Emergency Management Agency has delineated both the
areas of special flood hazard and risk premium zones applicable to
the community. (Map date: July 3, 1985; Map Number: 370062.)
• (13) Flood Insurance Study. The official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, as
well as Flood Boundary Floodway Map and the water surface elevation
of the base flood.
(14) Floodway. The channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than one foot. Floodways are located within areas of special
flood hazard as defined herein.
(15) Floor. The top surface of an enclosed area in a building (including
basement), i.e., top of slab in concrete slab construction or top of
wood flooring in wood -frame construction. The term does not include
the floor of a garage used solely for parking vehicles.
(16) Functionally dependent facility. A facility which cannot be used
for its intended purpose unless it is located or carried out in close
proximity to water, such as a docking or port facility necessary for
the loading and unloading of cargo or passengers, shipbuilding, ship
repair, or seafood processing facilities. The term does not include
long-term storage, manufacture, sales, or service facilities.
(17) Highest Adjacent Grade. The highest natural elevation of the ground
surface, prior to construction, next to the.proposed walls of the
• structure.
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(18) Levee. A man-made structure, usually an earthen embankment, designed
• and constructed in accordance with sound engineering practices to
contain, control, or divert the flow of water so as to provide
protection from temporary flooding.
(19) Levee System. A flood protection system which consists of a levee,
or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accordance with sound
engineering practices.
(20) Lowest Floor. The lowest floor of the lowest enclosed area (including
basement). An unfinished or flood -resistant enclosure, usable solely
for parking of vehicles, building access or storage in area other than
a basement area is not considered a building's lowest floor provided
that such enclosure is not built so as to render the structure in
violation of the applicable non -elevation design requirements of this
ordinance.
(21) Manufactured Home. A structure, transportable in one or more
sections, which is built on a permanent chassis and designed to be
used with or without a permanent foundation when connected to the
required utilities. The term also includes park trailers, travel
trailers, and similar transportable structures placed on a site for
180 consecutive days or longer and intended to be improved property.
(22) Manufactured Home Park or Subdivision. A parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for
• rent or sale.
(23) Mean Sea Level. The average height of the sea for all stages of the
tide. It is used as a reference for establishing various elevations
within the floodplain. For purposes of this ordinance, the term is
synonymous with National Geodetic Vertical Datum (NGVD).
(24) National Geodetic Vertical Datum (NGVD). As corrected in-1929, a
vertical control used as a reference for establishing varying
elevations within the floodplain.
(25) New Construction. Structures for which the "start of construction"
commenced on or after the effective date of this ordinance.
(26) Public Water Supply System. Any water supply system furnishing
potable water to ten or more dwelling units or businesses or any
combination thereof.
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(27) Remedy a Violation. To bring the structure or other development into
• compliance with State or local floodplain management regulations, or,
if this is not possible, to reduce the impact of its noncompliance.
Ways that impacts may be reduced include protecting the structure or
other affected development from flood damages;- implementing the
enforcement provisions of the ordinance or otherwise deterring future
similar violations, or reducing Federal financial exposure with regard
to the structure or other development.
(28) Start of construction. (For other than new construction or
substantial improvements under the Coastal Barrier Resources Ace
(P.L. 97-348)]. Includes substantial improvement and means the date
the building permit was issued, provided the actual start of
construction, repair, reconstruction, or improvement was within 180
days of the permit date. The actual start means the first placement
of permanent construction of a structure (including a manufactured
home) on a site, such as the pouring of slabs or footings,
installation of piles, construction of columns, or any work beyond
the state of excavation or the placement of a manufactured home on
a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers or foundations or
the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure.
• (29) Structure. A walled and roofed building that is principally above
ground,.a manufactured home, a gas or liquid storage tank, or other
man-made facilities or infrastructures.
(30) Substantial improvement. Any repair, reconstruction, or improvement
of a structure, where the cost equals or exceeds fifty percent of the
market value of the structure, either (1) before the improvement or
repair is started or (2) if the structure has been damaged -and is
being restored, before the damage occurred. For the purposes of this
definition, "substantial improvement" is considered to occur when the
first alteration of any wall, ceiling; floor or other structural part
of the building commences, whether or not that alteration affects the
external dimensions of the structure. The term does not, however,
include either (1) any project for improvement of a structure to
comply with existing state and local health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions or (2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of Historic Places.
Section 252 Artificial Obstructions Within Floodways Prohibited.
(a) Located within areas of special flood hazard are areas designated as
floodways. The floodway is an extremely hazardous area due to the velocity of
flood waters which carry debris and potential projectiles and has erosion
• potential.
144

(b) No artificial obstruction may be located within any floodway, except
• as provided in Section 253.
(c) For purposes of this section, an artificial obstruction is any
obstruction, other than a natural obstruction, that is capable of reducing the
flood carrying capacity of a stream or may accumulate debris and thereby reduce
the flood carrying capacity of a stream. A natural obstruction includes any
rock, tree, gravel, or analogous natural matter that is an obstruction and has
been located within the floodway by a nonhuman cause.
(d) The following standards shall apply to any permissible use as
delineated in Section 253 or any other use allowed by variance (in accordance
with Section 260):
(1) No encroachments, including fill, new construction, substantial
improvements and other developments shall be permitted unless
certification (with supporting technical data) by a registered
professional engineer is provided demonstrating that such
encroachments shall not result in any increase in flood levels
during occurrence of the base flood discharge.
(2) If subsection d(1) is satisfied, all new construction and
substantial improvements shall comply with all applicable flood
hazard reduction provisions of Section 254.
(3) No manufactured homes shall be permitted nor relocated in a
floodway.
Section 253 Permissible Uses Within Floodways.
(a) Notwithstanding Article X of this chapter (Table of Permissible Uses),
no permit to make use of land within a floodway may be issued unless the proposed
use is listed as permissible both in the Table of Permissible Uses and in the
following list:
(1) General farming, pasture, outdoor plant nurseries, horticulture,
forestry, wildlife sanctuary, game farm, and other similar
agricultural, wildlife and related uses.
(2) Ground level streets, roads, loading areas, parking areas, rotary
aircraft ports, and other similar ground level area uses.
(3) Lawns, gardens, play areas, and other similar -uses.
(4) Golf courses, tennis courts, driving ranges, archery ranges,
picnic grounds, parks, hiking or horseback riding trails, open
space and other similar private and public recreational uses.
(b) The uses listed in subsection (a) are permissible only if and to the
extent that they do not cause any increase in base flood levels.
• (c) No building may be constructed and no substantial improvement of any
existing building may take place within any floodway.
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(d) Any accessory structure allowed in subsection (a) shall not be used
• for human habitation.
Section 254 Construction Within Areas of So cial Flood Hazard Restricted.
(a) No new residential building may be constructed and no substantial
improvement of a residential building may take place within any area of special
flood hazard.
(b) No new nonresidential building, with the exception of public utility
structures, may be constructed and no substantial improvements of a
nonresidential building may take place within any area of special flood hazard.
(c) The following general standards shall apply to any permissible use,
any public utility structure and any use allowed by variance (in accordance with
Section 260) in an area of special flood hazard:
(1) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of
the structure;
(2) Manufactured homes shall be anchored to prevent flotation,
collapse, or lateral movement. Methods of anchoring may include,
but are not limited to, use of over -the -top or frame ties to
ground anchors. This standard shall be in addition to and
• consistent with applicable state requirements for resisting wind
forces;
(3) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to
flood damage;
(4) All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood damages;
(5) Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed and/or
located so as to prevent water from entering or accumulating
within the components during conditions of flooding;
(6) All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of flood waters into the
system;
(7) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into flood waters;
(8) On -site waste disposal systems shall be located and constructed
to avoid impairment to them or contamination from them during
flooding; and
146

(9) Any alteration, repair, reconstruction or improvements to a
structure which is in compliance with the provisions of this
• ordinance shall meet the requirements of "new construction" as
contained in this ordinance.
(d) In all areas of special flood hazard where base flood elevation data
has been provided, the following specific standards shall apply to any public
utility structure and any use allowed by variance (in accordance with Section
260):
(1) Residential Construction. New construction or substantial
improvement of any -residential structure shall have the lowest
floor, including basement, elevated no lower than two (2) feet
above the base flood elevation. Should solid foundation perimeter
walls be used to elevate a structure, openings sufficient to
facilitate the unimpeded movements of flood waters shall be
provided.
(2) Non -Residential Construction. New construction or substantial
improvement of any commercial, industrial, or non-residential
structure shall have the lowest floor, including basement,
elevated no lower than two (2) feet above the level of the base
flood elevation. Structures located in A -zones may be flood -
proofed in lieu of elevation provided that all areas of the
structure below the required elevation are water tight with walls
substantially impermeable to the passage of water, using
structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effect of buoyancy.
• A registered professional engineer or architect shall certify
that the standards of this subsection are satisfied. Such
certification shall be provided to the official as set forth in
Section 258.
(3) Elevated Buildings. New construction or substantial improvements
of elevated buildings that include fully enclosed areas -formed
by foundation and other exterior walls below the base flood
elevation shall be designed to preclude finished living space and
designed to allow for the entry -and exit of floodwaters to
automatically equalize hydrostatic flood forces on exterior walls.
a. Designs for complying with this requirement must either be
certified by a professional engineer or architect or meet
the following minimum criteria:
(i) Provide a minimum of two openings having a total
net area of not less than one square inch for every
square foot of enclosed area subject to flooding;
(ii) The bottom of all openings shall be no higher than
one foot above grade; and,
147

(iii) Openings may be equipped with screens, louvers,
valves or other coverings or devices provided they
• permit the automatic flow of floodwaters in both
directions.
b. Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed
and/or located so as to prevent water from entering or
accumulating within the components during conditions of
flooding.
C. Access to the enclosed area shall be the minimum necessary
to allow for parking of vehicles (garage door) or limited
storage of maintenance equipment used in connection with
the premises (standard exterior door) or entry to the living
area (stairway or elevator).
d. The interior portion of such enclosed area shall not be
partitioned or finished into separate rooms, except to
enclose storage areas.
(e) Located within the areas of special flood hazard are small streams
where no base flood data has been provided or where no floodways have been
identified. The following provisions apply within such areas to any permissible
use or any use allowed by variance (in accordance with Section 260):
(1) No encroachments, including fill, new construction, substantial
• improvements or new development shall be permitted within a
distance of the stream bank equal to five (5) times the width of
the stream at the top of bank or twenty feet each side from top
of bank, whichever is greater, unless certification with
supporting technical data by a registered professional engineer
is provided demonstrating that such encroachments shall not result
in any increase in flood levels during the occurrence of the base
flood discharge.
(2) If subsection (e)(1) is satisfied and base flood elevation data
is available from other sources, all new construction and
substantial improvements within such areas shall comply with all
applicable flood hazard ordinance provisions of subsection (c)
and shall be elevated or flood -proofed in accordance with
elevations established in accordance with Section 258. When base
flood elevation data is not available from a federal, state, or
other source, the lowest floor, including basement, shall be
elevated at least two (2) feet above the highest adjacent grade.
(f) Whenever any portion of an area of special flood hazard outside of
the floodway is filled in with fill dirt, slopes shall be adequately stabilized
to withstand the erosive force of the base flood.
148

Section 255 Special Provisions for Subdivisions.
• (a) An applicant for a conditional use permit authorizing a major
subdivision and an applicant for minor subdivision final plat approval shall be
informed by the administrator of the use and construction restrictions contained
in Sections 252, 253, and 254 if any portion of the land to be subdivided lies
within an area of special flood hazard.
(b) Final plat approval for any subdivision containing land that lies
within an area of special flood hazard may not be given unless the plat shows
the boundary of the area of special flood hazard and contains in clearly
discernible print the following statement: "Use of land within an area of
special flood hazard is substantially restricted by Article XVI of the Edenton
Land Development Ordinance."
(c) Subject to the following sentence, a conditional use permit for a
major subdivision and final plat approval for any subdivision may not be given
if:
(1) The land to be subdivided lies within a zone where residential
uses are permissible and it reasonably appears that the sub-
division is designed to create residential building lots; and
(2) Any portion of one or more of the proposed lots lies within.an
area of special flood hazard; and
(3) It reasonably appears that one or more lots described in
• subdivisions (1) and (2) of this subsection could not practicably
be used as a residential building site because of the restrictions
.set forth in Sections 252, 253, and 254.
The foregoing provision shall not apply if a notice that the proposed
lots are not intended for sale as residential building lots is
recorded on the final plat, or if the developer otherwise demonstrates
to the satisfaction of the authority issuing the permit or approving
the final plat that the proposed lots are not intended for sale as
residential building lots.
(d) All subdivision proposals shall be consistent with the need to
minimize flood damage.
(e) All subdivision proposals shall have public utilities and facilities
such as water, sewer, gas, and electrical systems located and constructed so as
to minimize flood damage.
(f) All subdivisions shall have adequate drainage provided to reduce
exposure to flood hazards.
(g) Base flood elevation data shall be provided for subdivision proposals
which contain fifty lots or five acres, whichever is less.
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Whenever any portion of a proposed development is located within an area
of special flood hazard or whenever replacement water supply and sewage disposal
systems are proposed within an area of special flood hazard, the agency or
agencies responsible for certifying to the town the adequacy of the water supply
and sewage disposal systems for the development (as set forth in Sections 239
and 241 of this ordinance) shall be informed by the developer that a specified
area within the development lies within an area of special flood hazard.
Thereafter, approval of the proposed system by that agency shall constitute a
certification that:
(1) Such water supply system is designed to minimize or eliminate
infiltration of flood waters into it.
(2) Such sanitary sewer system is designed to eliminate infiltration of
flood waters into it and discharges from it into flood waters.
(3) Any on -site sewage disposal system is located to avoid impairment to
it or contamination from it during flooding.
Section 257 Additional Duties of Administrator Related to Flood
Insurance and Flood Control.
The administrator shall review all zoning, special use, or conditional use
• permits to assure that any development within an area of special flood hazard
is reasonably safe from the hazards of flooding and shall:
(1) Where base flood elevation data is available:
a. Verify the actual elevation (in relation to mean sea level)
of the lowest floor (including basement) of all new or
substantially improved structures;
b. Verify, for all structures that have been floodproofed
(whether or not such structures contain a basement), the
actual elevation (in relation to mean sea level) to which
the structure was floodproofed; and
c. Maintain a record of all such information.
(2) Where base flood elevation data has not been provided:
a. Obtain, review,' and reasonably utilize any base flood
elevation data available from a federal, state or other source
for enforcing the requirements set forth in Part I of this
article; and
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b. Verify and record the actual elevation constituting the
highest adjacent grade, to which all new or substantially
• improved structures are elevated or floodproofed.
C. Maintain.a record of all such information.
(3) Notify, in riverine situations, adjacent communities, the N.C.
Department of Crime Control and Public Safety, Division of
Emergency Management prior to any alteration or relocation of a
watercourse, and submit copies of such notification to the Federal
Emergency Management Agency.
(4) Ensure that the flood carrying capacity within the altered or
relocated portion of any watercourse is maintained.
(5) Ensure that all necessary permits have been received from those
agencies from which approval is required by federal or state law.
Section 258 Floor Elevation or Flood-oroofina Certification Required.
For any structure permitted in an area of special flood hazard, a floor
elevation or flood -proofing certification is required after the lowest floor is
completed. Within twenty-one (21) calendar days of establishment of the lowest
floor elevation, or flood -proofing by whatever construction means, it shall be
the duty of the permit holder to submit to the local administrator a certifi-
cation of the elevation of the lowest floor, or floodproofed elevation, as built,
in relation to mean sea level. Said certification shall be prepared by or under
• the direct supervision of a registered land surveyor or professional engineer
and certified by same. When flood -proofing is utilized for a particular
building, said certification shall be prepared by or under the direct supervision
of a professional engineer or architect and certified by same. Any work done
within the twenty-one (21) day calendar period and prior to submission of the
certification shall be at the permit holder's risk. The local administrator
shall review the floor elevation survey data submitted. Deficiencies by such
review shall be corrected by the permit holder immediately and prior to further
progressive work being permitted to proceed. Failure to submit the survey or
failure to make said corrections required hereby shall be cause to issue a liable
stop -work order for the project.
Section 259 Location of Boundaries of Areas of Special Flood Hazard.
As -used in this article, the term areas of special flood hazard refers it
the first instance to certain areas whose boundaries are determined and can be
located on the ground by reference to the specific fluvial characteristics set
forth in the definitions of this term. This term also refers to overlay zoning
districts whose boundaries are the boundaries of the areas of special flood
hazard shown on the map referenced in Subsections 251(11) and (12), which
boundaries are intended to correspond to the actual, physical location of areas
of special flood hazard. (These overlay districts thus differ from other zoning
districts whose boundaries are established solely according to planning or
policy, rather than physical criteria.) Therefore, the administrator is
• authorized to make necessary interpretations as to the exact location of the
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boundaries of areas of special flood hazards if there appears to be a conflict
between a mapped boundary and actual field conditions. Such interpretations,
• like other decisions of the administrator, may be appealed to the Board of
Adjustment in accordance with the applicable provisions of this ordinance.
(a) All request for revisions of areas of special flood hazard boundaries
and base -flood elevations shall be reviewed and approved by the Federal Emergency
Management Agency.
(b) The existing location of any area of special flood hazard as
hereinabove defined may be amended in cases where:
(1) A flood control project of the federal, state, county or town
government has substantially altered the flood hazard;
(2) Flood data indicates that the boundaries of either of the areas
as shown on the official flood boundary and floodway map are no
longer correct; or
(3) A private individual, corporation, firm or town agency has
submitted plans for a channel improvement or relocation requiring
an amendment to the official flood hazard boundary map.
• (c) In passing upon an application for a variance, the Board of Adjustment
shall consider all technical evaluations, all relevant factors, all standards
specified in other sections of this ordinance, and:
(1) the danger that materials may be swept onto other lands to the
injury of others;
(2) the danger of life and property due to flooding or erosion
damage;
(3) the susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual
owner;
:7
(4) the importance of the services provided by the proposed facility
to the community;
(5) the necessity of the facility of a waterfront location, where
applicable;
(6) the availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
(7) the compatibility of the proposed use with existing and
anticipated development;
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(8) the relationship of the proposed use to the comprehensive plan
and floodplain management program for that area;
• (9) the safety of access to the property in times of flood for
ordinary and emergency vehicles;
(10) the expected heights, velocity, duration, rate of rise and
sediment transport of the flood waters and the effects of wave
action, if applicable, expected at the site; and,
(11) the costs of providing governmental services during and after
flood conditions including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical, and
water systems, and streets and bridges.
Upon consideration of the factors listed above and the purposes of
this ordinance, the Board of Adjustment may attach such conditions to the
granting of variances as it deems necessary to further the purposes of this
ordinance.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(d) Conditions for variances:
(1) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
• to afford relief.
(2) Variances shall only be issued upon (i) a showing of good and
sufficient cause; (ii) a determination that failure to grant
the variance would result in exceptional hardship; and (iii)
a determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisance, cause fraud on
or victimization of the public, or conflict with existing local
law or ordinances.
(3) Any applicant to who a variance is granted shall be given
written notice specifying the difference between the base flood
elevation and the elevation to which the structure is to be
built and a written statement that the cost of flood insurance
will be commensurate with the increased risk resulting from the
reduced lowest floor elevation. Such notification shall be
maintained with a record of all variance actions.
(4) The local administrator shall maintain the records of all appeal
actions and report any variances to the Federal Emergency
Management Agency upon request.
(e) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic Places or
the State Inventory of Historic Places without regard to the procedures set
• forth in subsections (c) and (d).
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• Section 261 Regulations Do Not Guarantee Flood Protection.
0
:7
The degree of flood protection required by this ordinance is considered
reasonable for regulating purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by man-made or natural causes.
Section 262 Setbacks from Streams Outside Designated Areas of Special Flood
Hazard.
In any area that is located outside a designated area of special flood
hazard but where a stream is located, no building or fill may be located within
a distance of the stream bank equal to five times the width of the stream at the
top of the bank or twenty feet on each side, whichever is greater.
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40
Part II. Drainage, Erosion -Control, Storm Water Management
Section 263 Natural Drainage System Utilized to Extent Feasible.
(a) To the extent practicable,
natural contours of the land and natural
shall remain undisturbed.
all development shall conform to the
and pre-existing man-made drainage ways
(b) To the extent practicable, lot boundaries shall be made to coincide
with natural and pre-existing man-made drainage ways within subdivisions to
avoid the creation of lots that can be built upon only by altering such drainage
ways.
Section 264 Developments Must Drain -Properly.
(a) All developments shall be provided with a drainage system that is
adequate to prevent the undue retention of surface water on the development
site. Surface water shall not be regarded as unduly retained if:
(1) The retention results from a technique, practice or device
deliberately installed as part of an approved sedimentation or
storm water runoff control plan; or
(2) The retention is not substantially different in location or
degree than that experienced by the development site in its
pre -development stage, unless such retention presents a danger
to health or safety.
(b) No surface water may be channelled or directed into a sanitary sewer.
(c) Whenever practicable, the drainage system of a development shall
coordinate with and connect to the drainage systems or drainage ways on
surrounding properties or streets.
(d) Use of drainage swales rather than curb and gutter and storm sewers
in subdivisions is provided for in Section 216. Private roads and access ways
within unsubdivided developments shall utilize curb and gutter and storm drains
to provide adequate drainage if the grade of such roads or access ways is too
steep to provide drainage in another manner or if other sufficient reasons exist
to require such construction.
(e) Construction specifications for drainage swales, curbs and gutters,
and storm drains are contained in Appendix C.
Section 265 Storm Water Management.
(a) All developments shall be constructed and maintained so that adjacent
properties are not unreasonably burdened with surface waters as a result of such
developments. More specifically:
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(1) No development may be constructed or maintained so that such
development unreasonably impedes the natural flow of water from
• higher adjacent properties across such development, thereby
unreasonably causing substantial damage to such higher adjacent
properties; and
(2) No development may be constructed or maintained so that surface
waters from such development are unreasonably collected and
channelled onto lower adjacent properties at. such locations or
at such volumes as to cause substantial damage to such lower
adjacent properties.
(b) All developments shall contain an adequate drainage system for the
property drainage of all surface water. No new construction and no substantial
improvements of a structure may take place unless the design of a drainage system
is reviewed by the administrator to assure that:
(1) No surface water shall be channelled or directed into a sanitary
sewer.
(2) Where feasible, the subdivider shall connect to an existing
storm drainage system.
(3) Where an existing storm drainage system cannot feasibly be
extended to the subdivision, a surface drainage system shall
be designed to protect the proposed development from water
damage.
• (4) Surface drainage courses shall have side slopes of not less
than the natural angle of repose for the soil but not less than
a 3 to 1 slope in which the course is constructed and courses
shall be of sufficient size to accommodate the drainage area
without flooding the adjacent properties.
Section 266 Sedimentation and Erosion Control.
(a) No zoning, special use, or conditional use permit may be issued and
final plat approval for subdivisions may not be given with respect to any
development that would cause land disturbing activity requiring prior approval
of an erosion and sedimentation control plan by the N.C. Sedimentation Control
Commission under G.S. 113A-57(4) unless the commission has certified to the
town, either that:
(1) An erosion control plan has been submitted to and approved by
the commission; or
(2) The commission has examined the preliminary plans for the
development and it reasonably appears that an erosion control
plan can be approved upon submission by the developer of more
detailed construction or design drawings. However, in this
case, construction of the development may not begin (and no
building permits may be issued) until the commission approves
• the erosion control plan.
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(b) For purposes of this section, "land disturbing activity" means any
• use of the land by any person in residential, industrial, educational,
institutional or commercial development, highway and road construction and
maintenance that results in a change in the natural cover or -topography and that
may cause or contribute to sedimentation except activities that are exempt under
G.S. 113A-52(6)). Sedimentation occurs whenever solid particulate matter,
mineral or organic, is transported by water, air, gravity, or ice from the site
of its origin.
(c)- All developments shall maintain a 25-foot vegetated buffer along each
side of a stream or natural drainageway. The 25-foot distance shall be measured
from the top edge of the streambank or drainageway. If no drainageway bank
exists, the centerline of the drainageway swale shall be used for measurement
purposes. The vegetated buffer shall remain undisturbed except as may be
necessary to accommodate roads (provided they cross at a horizontal angle of at
least sixty degrees), utilities and their easements, pedestrian paths and their
easements and approved water -dependent uses such as marinas, docks, piers, boat
ramps and bridges. In cases in which a 25-foot buffer may not be practical nor
desirable, the Board of Adjustment may consider a special exception if it finds
that an acceptable alternative means of handling stormwater can be achieved
without maintaining a 25-foot vegetated buffer.
Sections 267 through 269 Reserved.
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ARTICLE XVII
• SIGNS
Section 270 Purpose/Definitions.
The purpose of this article is to create a comprehensive system of signage
within the Town of Edenton and is further intended to facilitate an effective
and attractive means of communication. It recognizes the need for an orderly
and aesthetically pleasing community as well as the need for adequate business
identification. This article regulates the use of signs in order to ensure (i)
that they are designed, constructed, installed, and maintained in such a manner
that they do not endanger the public safety and welfare and (ii) that they are
compatible with their surroundings. However, the regulations contained herein
are designed to provide flexibility for the individual identification of
businesses and services. Signs which do not conform to the requirements of this
article are declared to be nonconforming and are allowed to remain in existence
until the termination of a five-year amortization period.
Unless otherwise specifically provided, or unless clearly required by the
context, the words and phrases defined in this section shall have the meaning
indicated when used in this article.
(1) Si n. Any device that is sufficiently visible to persons not
located on the lot where such device is located to accomplish the
objective of (i) directing attention to a business, commodity,
• service, entertainment or other activity sold or offered
exclusively on the premises where the sign is located; or (ii)
communicating information to them.
(2) Freestanding Sion. A sign that is attached to, erected on, or
supported by some structure (such as a pole, mast, frame, or other
structure) that is not itself an integral part of or attached to
a building or other structure whose principal function is
something other than the support of a sign. A sign that stands
without supporting elements, such as "sandwich sign," is also a
freestanding sign.
(3) Off -Premises Signs. A sign that draws attention to or
communicates information about a business, service, commodity,
accommodation, attraction, or, other activity that is conducted,
sold or offered at a location other than the premises on which
the sign is located.
(4) Temporary Sign. A sign that (i) is used in connection with a
circumstance, situation, or event that is designed, intended or
expected to take place or to be completed within a reasonably
short or definite period after the erection of such sign, or (ii)
is intended to remain on the location where it is erected or
placed for a period of not more than fifteen days. If a sign
display area is permanent but the message displayed is subject
to periodic changes, that sign shall not be regarded as temporary.
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(5) Nonconforming Sign. See Section 129, Nonconforming Signs.
• (6) Internally Illuminated Sign A sign where the source of the
illumination is inside the sign and light emanates through the
message of the sign, rather than being reflected off the surface
of the sign from an external source. Without limiting the
generality of the foregoing, signs that consist of or contain
tubes that (i) are filled with neon or some other gas that glows
when an electric current passes through it and.(ii) are intended
to form or constitute all or part of the message of the sign,
rather than merely providing illumination to other parts of the
sign that contain the message, shall also be considered internally
illuminated signs.
(7) Projecting Sign. A sign which is attached to and projects more
than twelve (12) inches from a building face or wall.
(8) Wall Sign. Any sign attached to, painted on, or erected against
any wall of a building or structure so that the exposed face of
the sign is on a place parallel to the plane of said wall and
which does not extend more than 12 inches from the wall. Wall
sign also includes any sign erected against, installed on or
painted on a penthouse above the roof of a building as long as
the wall of the penthouse is on a plane parallel to the wall of
the building. Wall sign also includes a sign attached to, painted
on, or erected against a false wall or false roof that does not
vary more than thirty (30) degrees from the plane of the adjoining
• wall elevation.
Section 271 Permit Reguired for Signs.
(a) Except as otherwise provided in Sections 272 (Signs Excluded from
Regulation) and 273 (Certain Temporary Signs: Permit Exceptions and Additional
Regulations), no sign may be erected, moved, enlarged, or substantially altered
except in accordance with the provisions of this section. Mere repainting or
changing the message of a sign shall not, in and of itself, be considered a
substantial alteration.
(b) If plans submitted for a zoning permit, special use permit, or
conditional use permit include sign plans in sufficient detail that the
permit -issuing authority can determine whether the proposed sign or signs comply
with the provisions of this chapter, then issuance of the requested zoning,
special use, or conditional use permit shall constitute approval of the proposed
sign or signs.
(c) Signs not approved as provided in subsection (b) or exempted under the
provisions referenced in subsection (a) may be erected, moved, enlarged, or
substantially altered only in accordance with a sign permit issued by the
administrator.
(1) Sign permit applications and sign permits shall be governed by
• the same provisions of this chapter applicable to zoning permits.
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(2) In the case of a lot occupied or intended to be occupied by
multiple business enterprises (e.g., a shopping center), sign
• permits shall be issued in the name of the lot owner or his agent
or in the name of the individual business enterprise requesting
a particular sign. The town may assist the -owner by suggesting
a formula whereby the maximum square footage of sign area allowed
on the lot may be allocated equitably among all tenants, but the
town shall be responsible for enforcing only the provisions of
this chapter and not the provisions of any allocation formula,
lease, or other private restriction.
Section 272 Signs Excluded From Regulation.
The following signs are exempt from regulation under this chapter except
for those stated in Subsections 287(a) through (d).
(1) Signs not exceeding four square feet in area that are customarily
associated with residential use and that are not of a commercial
nature, such as (i) signs giving property identification names
or numbers or names of occupants, (i i ) signs on mailboxes or paper
tubes, and (iii) signs posted on private property relating to
private parking or warning the public against trespassing or
danger from animals.
(2) Signs erected by or on behalf of or pursuant to the authorization
of a governmental body, including legal notices, identification
is signs.
informational signs, and traffic, directional or regulatory
signs.
(3) Official signs of a noncommercial nature erected by public
utilities.
(4) Flags, pennants, or insignia of any governmental or nonprofit
organization when not displayed in connection with a commercial
promotion or as an advertising device.
(5) Integral decorative or architectural features of buildings or
works of art, so long as such features or works do not contain
letters, trademarks, moving parts, or lights.
(6) Signs directing and guiding traffic on private property that do
not exceed four square feet each and that bear no advertising
matter.
(7) Church bulletin boards, church identification signs, and church
directional signs that do not exceed one per abutting street and
sixteen square feet in area and that are not internally
illuminated.
(8) Signs painted on or otherwise permanently attached to currently
licensed motor vehicles that are not primarily used as signs.
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(9) Signs proclaiming religious, political, or other non-commercial
• messages (other than those regulated by Subdivision 273(a)(5))
that do not exceed one per abutting street and sixteen square feet
in area and that are not internally illuminated.
(10) Signs determined by the Town Council to be of local historical
significance.
(a) The following temporary signs are permitted without a zoning, special
use, conditional use, or sign permit. However, such signs shall conform to the
requirements set forth below as well as all other applicable requirements of this
chapter.
(1) Signs containing the message that the real estate on which the
sign is located (including buildings) is for sale, lease, or rent,
together with information identifying the owner or agent. Such
signs may not exceed four square feet in area and shall be removed
immediately after sale, lease, or rental. For lots of less than
five acres, a single sign on each street frontage may be erected.
For lots of five acres or more in area and having a street
frontage in excess of four hundred feet, a second sign not
exceeding four square feet in area may be erected.
• (2) Construction site identification signs. Such signs may identify
the project, the owner or developer, architect, engineer,
contractor and subcontractors, funding sources, and may contain
related information. Not more than one such sign may be erected
per site, and it may not exceed thirty-two square feet in area.
Such signs shall not be erected prior to the issuance of a
building permit and shall be removed within ten days after the
issuance of the final occupancy permit.
is
(3) Signs attached temporarily to the interior of a building window
or glass door. Such signs, individually or collectively, may not
cover more than seventy-five percent of the surface area of the
transparent portion of the window or door to which they are
attached. Such signs shall be removed within thirty days after
placement.
(4) Displays, including lighting, erected in connection with the
observance of holidays. Such signs shall be removed within ten
days following the holidays.
(5) Signs erected in connection with elections or political campaigns.
Such signs shall be removed within three days following the
election or conclusion of the campaign. No such sign may exceed
sixteen square feet in surface area.
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(6) Signs indicating that a special event such as a grand opening,
fair, carnival, circus, festival or similar happening is to take
• place on the lot where the sign is located. Such signs may be
erected not sooner than two weeks before the event and must be
removed not later than three days after the -event.
(7) Temporary signs not covered in the foregoing categories, so long
as such signs meet the following restrictions:
(a) Not more than one such sign may be located on any lot.
(b) No such sign may exceed four square feet in surface area.
(c) Such sign may not be displayed for longer than three
consecutive days nor more than ten days out of any 365-day
period.
(b) Other temporary signs not listed in subsection (a) shall be regarded
and treated in all respects as permanent signs.
Section 274 Determining the Number of Signs.
(a) For the purpose of determining the number of signs, a sign shall be
considered to be a single display surface or display device containing elements
organized, related, and composed to form a unit. Where matter is displayed in
a random manner without organized relationship of elements, each element shall
• be considered a single sign.
(b) Without limiting the generality of subsection (a), a multi -sided sign
shall be regarded as one sign.
Section 275 Computation of Sign Area.
(a) The surface area of a sign shall be computed by including the entire
area within a single, continuous, rectilinear perimeter of not more than eight
straight lines, or a circle or an ellipse, enclosing the extreme limits of the
writing, representation, emblem or other display, together with any material or
color forming an integral part of the background of the display or used to
differentiate the sign from the backdrop or structure against which it is placed,
but not including any supporting framework or -bracing that is clearly incidental
to the display itself.
(b) If the sign consists of more than one section or module, all of the
area, including that between sections or modules, shall be included in the
computation of the sign area.
(c) With respect to two-sided, multi -sided or three dimensional signs, the
surface area shall be computed by including the total of all sides designed
either to attract attention or communicate information that can be seen at one
time by any person from any vantage point. For example, with respect to a
• typical two-sided sign where a message is printed on both sides of a flat
162

surface, the sign surface area of each side (rather than the sum total of both
sides) shall be regarded as the total sign surface area of that sign, since one
• can see only one side of the sign from any vantage point.
Section 276 Signs in Residential Districts
Unless otherwise provided in this article or in Article XI, Supplementary
Use Regulations, the maximum sign surface area permitted on any lot in any
residential district (see Section 135) is four square feet.
Section 277 Signs in MA and OS Districts.
(a) One freestanding sign per lot, not to exceed 35 square feet in sign
surface area nor 6 feet in height, shall be permitted in MA and OS Districts.
Freestanding signs shall be located no closer than 10 feet from a property line
or street right-of-way line and shall be.set back a minimum of 50 feet from a
street intersection, measured along the street right-of-way.
(b) One wall sign per building entrance, not to exceed 4 square feet in
sign surface area, shall be permitted in MA and OS Districts.
Section 278 Signs in CD Districts
(a) One freestanding sign per street frontage, not to exceed 80 square feet
• in sign surface area nor 25 feet in height, shall be permitted in CD Districts.
Freestanding signs shall be located no closer than 10 feet from a property line
or street right-of-way line and shall be set back a minimum of 50 feet from a
street intersection, measured along the street right-of-way.
(b) A maximum of 2 wall signs per building entrance not to exceed a total
of 50 square feet in sign surface area shall be permitted in CD Districts.
Projecting signs, each not to exceed 3 square feet in sign surface area, are
permissible types of wall signs that may be included in the maximum number of
wall signs but need not be included in the 50-foot maximum sign surface area.
For buildings with more than one street frontage, the requirements delineated
above shall apply to each building facade adjacent to a public street.
(c) In CD Districts, one canopy or awning sign may be permitted per
premises provided that the surface area of such signs is included in the 50-foot
maximum wall sign surface area required in subsection (b).
(d) Signs painted directly onto a building window or glass door shall not
exceed 25 percent of the window or door glass surface area.
Section 279 Signs in CN Districts.
The sign requirements in CN Districts shall be the same as those delineated
in Section 278, Signs in CD Districts, except that no freestanding signs shall
be permitted in CN Districts.
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Section 280 Signs in CH Districts Within 1,000 Feet of U.S. Highway 17
• (a) In CH Districts, properties within 1,000 feet of the U.S. Highway 17
9 Y
bypass shall have a maximum sign area for all types of permitted signs which
shall be determined as follows: one square foot of sign surface area per each
linear foot of lot street frontage, up to a maximum of 500 feet of sign surface
area. For lots with more than one street frontage, the maximum sign area
requirements shall apply to each street frontage.
(b) One freestanding sign per street frontage, not to exceed 250 square
feet in sign surface area nor 45 feet in height, shall be permitted.
Freestanding signs shall be located no closer than 10 feet from a property line
or street right-of-way line and shall be set back a minimum of 100 feet from a
street intersection, measured along the street right-of-way.
(c) A maximum of 2 wall signs per structure shall be permitted.
(d) One canopy or awning sign may be permitted per building.
Section 281 Signs in CH Districts Not Within 1,000 Feet of U.S. Highway 17.
(a) Properties within CH Districts not located within 1,000 feet of the
U.S. Highway 17 by-pass shall have a maximum sign area for all types of permitted
signs which shall be determined as follows:
• (1) For lots with a lot street frontage of 150 linear feet or less,
the maximum sign surface area shall be 75 square feet.
•
(2) For lots with a lot street frontage greater than 150 linear feet,
the maximum sign surface area shall be 0.5 square feet of -sign
area for each linear foot of lot street frontage or 250 square
feet of sign area, whichever is less.
For lots with more than one street frontage, the maximum sign area
requirements shall apply to each street frontage.
(b) One freestanding sign per street frontage, not to exceed 80 square feet
nor 25 feet in height, shall be permitted. Freestanding signs shall be located
no closer than 10 feet from a property line or street right-of-way line and shall
be set back a minimum of 50 feet from a street intersection, measured along the
street right-of-way.
(c) A maximum of 2 wall signs per structure shall be permitted.
(d) One canopy or awning sign may be permitted per building.
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Section 282 Shopping Center Signs.
• (a) One wall sign per separate business establishment in a shopping center
development shall be permitted. Allowable wall sign area shall be determined
as follows: _.
(1) Establishments with a building frontage of 50 linear feet or less
shall have no sign greater than 50 square feet.
(2) Establishments with a building frontage greater than 50 linear
feet shall have a maximum wall sign area of 0.5 square foot of
sign area for each linear foot of building frontage or 200 square
feet of sign area, whichever is less.
(b) A freestanding sign located within a shopping center development shall
be permitted in accordance with the provisions of Section 280(b) or Section
281(b), whichever is applicable.
Section 283 Signs in IW Districts.
The sign requirements in IW Districts shall be the same as those outlined
in Section 281.
Section 284 Subdivision and Multi -Family Development Entrance Signs.
is there
any entrance to a residential subdivision or multi -family development,
there may be not more than two signs identifying such subdivision or development.
A single side of any such sign may not exceed sixteen square feet, nor may the
total surface area of all such signs located at a single entrance exceed
thirty-two square feet.
Section 285 Location Requirements.
(a) No sign may extend above any parapet or be placed upon any roof
surface, except that for purposes of this section, roof surfaces constructed at
an angle of seventy-five degrees or more from horizontal shall be regarded as
wall space. This subsection shall not apply to displays, including lighting,
erected in connection with the observation of holidays on the roofs of
residential structures.
(b) No sign or supporting structure may be located in or over the travelled
portion of any public right-of-way unless the sign is attached to a structural
element of a building and an encroachment permit has been obtained from the town.
Section 286 Sign Illumination and Signs Containing Lights.
(a) Unless otherwise prohibited by this chapter, signs may be illuminated
if such illumination is in accordance with this section.
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(b) No sign within 150 feet of a residential zone may be illuminated
between the hours of 12 midnight and 6:00 a.m., unless the impact of such
• lighting beyond the boundaries of the lot where it is located is entirely
inconsequential.
(c) Lighting directed toward a sign shall be shielded so that it
illuminates only the face of the sign and does not shine directly into a public
right-of-way or residential premises.
(d) Internally illuminated freestanding signs may not be illuminated during
hours that the business or enterprise advertised by such sign is not open for'
business or in operation.
(e) Subject to subsection (g), illuminated tubings or strings of lights
that outline property lines, sales areas, roof lines, doors, windows, or similar
areas are prohibited.
(f) Subject to subsection (g), no sign may contain or be illuminated by
flashing or intermittent lights or lights of changing degrees of intensity,
except signs indicating the time, date or weather conditions.
(g) Subsections (e) and (f) do not apply to temporary signs erected in
connection with the observance of holidays.
(h) No internally illuminated sign shall be located in an HO District.
• Section 287 Miscellaneous Restrictions and Prohibitions.
(a) No sign may be located so that it substantially interferes with the
view necessary for motorists to proceed safely through intersections or to enter
onto or exit from public streets or private roads.
(b) Signs that revolve or are animated or that utilize movement or apparent
movement to attract the attention of the public are prohibited. Without limiting
the foregoing, banners, streamers, animated display boards, pennants, and
propellers are prohibited, but signs that only move occasionally because of wind
are not prohibited if their movement (i) is not a primary design feature of the
sign, and (ii) is not intended to attract attention to the sign. The restriction
of this subsection shall not apply to signs specified in subdivision 272(4) or
to signs indicating the time, date, or weather conditions.
(c) No sign may be erected so that by its location, color, size, shape,
nature or message it would tend to obstruct the view of or -be confused with
official traffic signs or other signs erected by governmental agencies.
(d) Freestanding signs shall be securely fastened to the ground or to some
other substantial supportive structure so that there is virtually no danger that
either the sign or the supportive structure may be moved by the wind or other
forces of nature and cause injury to persons or property.
(e) Canopy signs are permitted when suspended or attached to the underside
of a canopy provided that the bottom of such signs shall be located at least 8
• feet above the sidewalk.
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(f) No portable signs except those meeting the requirements of Section 273
• shall be allowed in any zoning district.
(g) The sign area of a sign permanently painted, affixed, or placed in a
building window which is visible from a street right-of-way shall be restricted
to no more than 25 percent of the total window area.
0
0
(h) No off -premises signs, except those exempted from regulation or from
permit requirements under Sections 272 and 273, may be located within any
district,
Section 288 Nonconforming Signs.
Nonconforming signs are subject to the provisions of Article VIII of this
chapter, particularly Section 129.
Section 289 Discontinued Signs.
Upon the discontinuance of a business or occupancy of an establishment for
a consecutive period of 60 days, the administrator shall require the removal of
the on -premises sign(s) advertising or identifying the establishment. The
administrator shall give thirty days notice to the property owner to remove the
sign(s). Failure to remove the sign(s) within the thirty -day period shall
constitute a violation of this chapter and shall be remedied in accordance with
the provisions of Article VII.
167

ARTICLE XViII
•
PARKING
Section 290 Definitions.
Unless
otherwise specifically provided or unless clearly required by the
context,
when used
the words and phrases defined below shall have the .meaning indicated
in this
section.
(1)
Circulation Area. That portion of the vehicle accommodation area
used for access to parking or loading areas or other facilities on
the lot. Essentially, driveways and
other maneuvering areas (other
than parking aisles) comprise the circulation area.
(2)
Driveway. That portion of the vehicle accommodation area that
consists of a travel lane bounded on either side by an area that is
not part of the vehicle accommodation area.
(3)
Gross Floor Area. The total area of a building measured by taking
the outside dimensions of the building at each floor level intended
for occupancy or storage.
(4)
Loading and Unloading Area. That portion of the vehicle accommoda-
tion area used to satisfy the requirements of Section 300.
•
(5)
Vehicle Accommodation Area. That portion of a lot that is used by
vehicles for
access, circulation, parking and loading and unloading.
It comprises the total of circulation areas, loading and unloading
areas, and parking areas (spaces and aisles).
(6)
Parking Area Aisles. That portion of the vehicle accommodation area
consisting of lanes providing access to parking spaces.
(7)
Parking Space. A portion of the vehicle accommodation area set for
the parking of one vehicle.
Section 291 Number of Parking Spaces Required.
(a) All developments in all zoning districts other than the CD district
shall provide a sufficient number of parking spaces to accommodate the number
of vehicles that ordinarily are likely to be attracted to the development in
question.
(b) The presumptions established by this article are that: (i) a
development must comply with the parking standards set forth in subsection (e)
to satisfy the requirement stated in subsection (a), and (ii) any development
that does meet these standards is in compliance. However, the Table of Parking
Requirements is only intended to establish a presumption and should be flexibly
administered, as provided in Section 292.
0 168

(c) Uses in the Table of Parking Requirements (subsection (e)), are
• indicated by a numerical reference keyed to the Table of Permissible Uses,
Section 146. When determination of the number of parking spaces required by this
table results in a requirement of a fractional space, any fraction of one-half
or less may be disregarded, while a fraction in excess of one-half shall be
counted as one parking space.
(d) The Council recognizes that the Table of Parking Requirements set
forth in subsection (e) cannot and does not cover every possible situation that
may arise. Therefore, in cases not specifically covered, the permit issuing
authority is authorized to determine the parking requirements using this table
as a guide.
(e) Table of Parking Requirements.
Use Parkins Reauirement
1.110 2 spaces per dwelling unit.
1.120
1.130
1.200
1.300
1.400
3 spaces for every five beds except for uses
.
exclusively serving children under 16, in which
case 1 space for every 3 beds shall be required
•
plus 1 space for each resident attendant.
1.510
1.520
1 space for each guest room plus 2 additional
1.530
spaces for the resident owner or manager.
1
space for each room to be rented plus
additional space (in accordance with other
sections of this table) for restaurant or other
facilities.
1.600
2 spaces plus 1 space for each non-resident
employee.
2.110
1 space per 200 square feet of gross floor area.
2.120
2.130
1 space per 400 square feet of gross floor area.
2.210 1 space per 200 square feet of gross floor area.
2.220 1 space per 400 square feet of gross floor area.
2.230
2.240
• 169

3.110
1 space per 300 square feet of gross floor area.
•
3.120
1 space per 400 square feet of gross floor area.
3.130
1 space per 150 square feet of gross floor area.
3.140
3.210
1 space per 300 square feet of gross floor area.
3.220
1 space per 400 square feet of gross floor area.
3.230
1 space per 200 square feet of area within main
building plus reservoir land capacity equal to
five spaces per window (10 spaces if window
serves two stations).
4.110
1 space per 400 square feet of gross floor area.
4.120
1 space for every two employees on the maximum
4.200
shift except that, if permissible in the
4.300
commercial districts, such uses may provide 1
4.400
space per 200 square feet of gross floor area.
5.110
1.75 spaces per classroom in elementary schools,
5 spaces per classroom in high schools.
5.120
1 space per 100 square feet of gross floor area.
•
5.130
1 space per 150 square feet of gross floor area.
5.200
1 space for every four seats in the portion of
the church building to be used for services plus
spaces for any residential use as determined in
accordance with the parking requirements set
forth above for residential uses, plus 1 space
for every 200 square feet of gross floor area
designed to be used neither for services nor
residential purposes.
5.300
5.400
1 space per 300 square feet of gross floor area.
6.110
1 space for every 3 persons that the facilities
are designed to accommodate when fully utilized
(if they can be measured in such a fashion -
example tennis courts or bowling alleys) plus 1
space per 200 square feet of gross floor area
used in a manner not susceptible to such
calculation.
6.120
1 space for every four seats.
•
170

6.210 1 space per-200 square feet of area within
6.220 enclosed buildings, plus 1 space for every 3 per-
sons that the outdoor facilities are designed to
accommodate when used to the maximum capacity.
6.230 Miniature golf course, skateboard park, water
slide, and similar uses--1 space per 300 square
feet of area plus 1 space per 200 square feet of
building gross floor area; Driving range--1 space
per tee plus 1 space per 200 square feet in
building gross floor area; Par Three Course--2
spaces per golf hole plus 1 space per 200 square
feet of building gross floor area.
6.240 1 space per horse that could be kept at the
stable when occupied to maximum capacity.
6.250
1 space per speaker outlet.
7.100
2 spaces per bed or 1 space per 150 square feet
of gross floor area, whichever is greater.
7.200
3 spaces for every 5 beds.
Multi -family units developed or sponsored by a
public or non-profit agency for limited income
•
families or the elderly require only 1 space per
unit.
7.300
1 space for every two employees on maximum
shift.
8.100
1 space per 100 square feet of gross floor area.
8.200
8.300
Same as 8.100 plus 1 space for every four out-
side seats.
8.400
Same as 8.200 plus reservoir lane capacity equal
to five spaces per drive-in window.
9.100
1 space per 200 square feet of gross floor area.
9.200
9.300
1 space per 200 square feet of gross floor area
of building devoted primarily to sales
gas
operation, plus sufficient parking area to
accommodate vehicles at pumps without interfering
with other parking spaces.
9.400
1 space per 200 square feet of gross floor area.
•
171

9.500
Conveyor type--1 space for every three employees
on the maximum shift plus reserve capacity equal
•
to five times the capacity of the washing
operation. Self-service type--2 spaces for
drying and cleaning purposes per stall plus two
reservoir spaces in front of each stall.
9.600
1 space per 400 square feet of gross floor area.
9.700
1 space per boat slip.
9.800
1 space per employee on maximum shift.
10.210
10.220
1 space for every two employees on the maximum
shift but not less than 1
space per 5,000 square
feet of area devoted to storage (whether inside
or outside).
10.400
1 space per employee on maximum shift.
11.000
1 space per 200 square feet of gross floor area.
12.000
1 space per 200 square feet of gross floor area.
13.000
1 space per 200 square feet of gross floor area.
14.000
1 space for every two employees on maximum shift.
•
15.100
15.200
1 space per 200 square feet of gross floor area.
15.300
1 space for every two employees on maximum shift.
15.400
1 space per 100 square feet of gross floor area.
15.500
1 space for every employee on maximum shift.
16.000
1 space per 200 square feet of gross floor area.
18.000
1 space per 1,000 square feet of lot area used
for storage, display, or sales.
19.000
1 space per 100 square feet of gross floor area.
20.300
1 space per 200 square feet of gross floor area.
21.000
1 space per employee plus 1 space per 200 square
feet of gross floor area.
23.000
1 space per 200 square feet of gross floor area.
24.000
1 space per 200 square feet of gross floor area.
•
172

Section 292 Flexibility in Administration-Reauired.
• (a) The Council recognizes that, due to the particularities of any given
development, the inflexible application of the parking standards set forth in
Subsection 291(e) may result in a development either with- inadequate parking
space or parking space far in excess of its needs. The former situation may lead
to traffic congestion or parking violations in adjacent streets as well as
unauthorized parking in nearby private lots. The latter situation results in a
waste of money as well as a waste of space that could more desirably be used for
valuable development or environmentally useful open space. Therefore, as
suggested in Section 291, the permit -issuing authority may permit deviations from
the presumptive requirements of Subsection 291(e) and may require more parking
or allow less parking whenever it finds that such deviations are more likely to
satisfy the standard set forth in Subsection 291(a).
(b) Without limiting the generality of the foregoing, the permit -issuing
authority may allow deviations from the parking requirements set forth in
Subsection 291(e) when it finds that:
(1) A residential development is irrevocably oriented toward the
elderly;
(2) A business is primarily oriented to walk-in trade.
(c) Whenever the permit -issuing authority allows or requires a deviation
from the presumptive parking requirements set forth in Subsection 291(e), it
shall enter on the face of the permit the parking requirement that it imposes
and the reasons for allowing or requiring the deviation.
• (d) If the permit -issuing authority concludes, based upon information
it receives in the consideration of a specific development proposal, that the
presumption established by Subsection 291(e) for a particular use classification
is erroneous, it shall initiate a request for an amendment to the Table of
Parking Requirements in accordance with the procedures set forth in Article XX.
Section 293 Parking Space Dimensions.
(a) Subject to subsections (b) and (c), each parking space shall contain
a rectangular area at least nineteen feet long and nine feet wide. Lines
demarcating parking spaces may be drawn at various angles in relation to curbs
or aisles, so long as the parking spaces so created contain within them the
rectangular area required by this section.
(b) In parking areas containing ten or more parking spaces; up to twenty
percent of the parking spaces may contain a rectangular area of only eight feet
in width by sixteen feet in length. If such spaces are provided, they shall be
conspicuously designated as reserved for small or compact cars only.
(c) Wherever parking areas consist of spaces set aside for parallel
parking, the dimensions of such parking spaces shall be not less than twenty-two
feet by nine feet.
0 173

• (d) Parking spaces designated for use by a handicapped person shall have
a minimum width of twelve and one-half feet and a minimum of nineteen feet and
shall be permanently and conspicuously marked for use by handicapped persons.
The minimum number of parking spaces designed for use by a- handicapped person
shall be determined as follows:
Total Parking Spaces Required Handicapped -Designated
Reauired by this Ordinance Spaces
1 - 50 1 space
51 + 1 handicapped -designated space per 50
total parking spaces required
Section 294 Required Widths of Parking Area Aisles and Driveways.
(a) Parking area aisle widths shall conform to the following table,
which varies the width requirement according to the angle of parking.
Parking Angle
Aisle Width 0' 300 45' 60' 90'
One Way Traffic 13 11 13 18 24
Two Way Traffic 19 20 21 23 24
• (b) Driveways shall be not less than ten feet in width for one way
traffic and eighteen feet in width for two way traffic, except that ten feet wide
driveways are permissible for two way traffic when (i) the driveway is not longer
than fifty feet, (ii) it provides access to not more than six spaces, and (iii)
sufficient turning space is provided so that.vehicles need not back into a public
street.
Section 295 General Design Requirements.
(a) Unless no other practicable alternative is available, vehicle
accommodation areas shall be designed so that, without resorting to extraordinary
movements, vehicles may exit such areas without backing onto a public street.
This requirement does not apply to parking areas consisting of driveways that
serve one or two dwelling units, although -backing onto arterial streets is
discouraged.
(b) Vehicle accommodation areas of all developments shall be designed so that
sanitation, emergency, and other public service vehicles can serve such
developments without the necessity of backing unreasonable distances or making
other dangerous or hazardous turning movements.
0 174

(c) Every vehicle accommodation area -shall be designed so that vehicles
cannot extend beyond the perimeter of such area onto adjacent properties or
• public rights -of -way. Such areas shall also be designed so that vehicles do not
extend over sidewalks or tend to bump against or damage any wall, vegetation,
or other obstruction.
(d) Circulation areas shall be designed so that vehicles can proceed safely
without posing a danger to pedestrians or other vehicles and without interfering
with parking areas.
Section 296 Vehicle Accommodation Area Surfaces.
(a) Vehicle accommodation areas that (i) include lanes for drive-in windows
or (ii) contain parking areas that are required to have more than ten parking
spaces and that are used regularly at least five days per week are encouraged
to be graded and surfaced with asphalt, concrete or other material that will
provide equivalent protection against potholes, erosion, and dust.
Specifications for surfaces meeting the standard set forth in this subsection
are contained in Appendix D.
(b) Vehicle accommodation areas that are not provided with the type of
surface recommended in subsection (a) shall be graded and surfaced with crushed
stone, gravel, or other suitable material (as provided in the specifications
set forth in Appendix D) to provide a surface that is stable and will help to
reduce dust and erosion. The perimeter of such parking areas shall be defined
by bricks, stones, railroad ties, or other similar devices. In addition,
whenever such a vehicle accommodation area abuts a paved street, the driveway
is leading from such street to such area (or, if there is no driveway, the portion
of the vehicle accommodation area that opens onto such streets), shall be paved
as provided in subsection (a) for a distance of fifteen feet back from the edge
of the paved street. This subsection shall not apply to single-family or
two-family residences or other uses that are required to have only one or two
parking spaces.
(c) Parking spaces in areas paved with an impervious surface shall be
appropriately demarcated with painted lines or other markings. Parking spaces
in areas surfaced in accordance with subsection (b) shall be demarcated whenever
practicable.
(d) Vehicle accommodation areas shall be properly maintained in all respects.
In particular, and without limiting the foregoing, vehicle accommodation area
surfaces shall be kept in good condition (free from potholes, etc.) and parking
space lines or markings shall be kept clearly visible and distinct.
Section 297 Joint Use of Required Parking Spaces.
(a) One parking area may contain required spaces for several different uses,
but except as otherwise provided in this section, the required space assigned
to one use may not be credited to any other use.
• 175

(b) To the extent that developments that wish to make joint use of the same
• parking spaces operate at different times, the same spaces may be credited to
both uses. For example, if a parking lot is used in connection with an office
building on Monday through Friday but is generally 90% vacant on weekends,
another development that operates only on weekends could be credited with 90%
of the spaces on that lot. Or, if a church parking lot is generally occupied
only to 50% of capacity on days other than Sunday, another development could make
use of 50% of the church lot's spaces on those other days.
(c) If the joint use of the same parking spaces by two or more principal
uses involves satellite parking spaces, then the provisions of Section 298 are
also applicable.
Section 298 Satellite Parkin
(a) If the number of off-street parking spaces required by this chapter
cannot reasonably be provided on the same lot where the principal use associated
with these parking spaces is located, then spaces may be provided on adjacent
or nearby lots in accordance with the provisions of this section. These off -site
spaces are referred to in this section as "satellite" parking spaces.
(b) All such satellite parking spaces (except spaces intended for employee
use) must be located within 400 feet of a public entrance of a principal building
housing the use associated with such parking, or within 400 feet of the lot on
which the use associated with such parking is located if the use is not housed
within any principal building. Satellite parking spaces intended for employee
• use may be located within any reasonable distance. Satellite parking spaces must
be located in a zoning district which permits parking lots for the use intended.
(c) The developer wishing to take advantage of the provisions of this
section must present satisfactory written evidence that he has the permission
of the owner or other person in charge of the satellite parking spaces to use
such spaces. The developer must also sign an acknowledgement that the continuing
validity of his permit depends upon his continuing ability to provide the
requisite number of parking spaces.
Section 299 Special Provisions For Lots With Existing Buildinas.
Notwithstanding any other provisions of this chapter, whenever (i) there
exists a lot with one or more structures on it constructed before the effective
date of this chapter, and (ii) a change in use that does. not involve any
enlargement of a structure is proposed for such lot, and (iii) the parking
requirements of Section 291 that would be applicable as a result of the proposed
change cannot be satisfied on such lot because there is not sufficient area
available on the lot that can practicably be used for parking, then the developer
need only comply with the requirements of Section 291 to the extent that (i)
parking space is practicably available on the"lot where the development is
located, and (ii) satellite parking space is reasonably available as provided
in Section 298. However, if satellite parking subsequently becomes reasonably
• 176

available, then it shall be a continuing condition of the permit authorizing
development on such lot that the developer obtain satellite parking when it does
• become available.
Section 300 Loading and Unloading Areas. -
(a) Subject to subsection (e), whenever the normal operation of any
development requires that goods, merchandise, or equipment be routinely delivered
to or shipped from that development, a sufficient off-street loading and
unloading area must be provided in accordance with this section to accommodate
the delivery or shipment operations in a safe and convenient manner.
(b) The loading and unloading area must be of sufficient size to accommodate
the numbers and types of vehicles that are likely to use this area, given the
nature of the development in question. The following table indicates the number
and size of spaces that, presumptively, satisfy the standard set forth in this
subsection. However, the permit issuing authority may require more or less
loading and unloading area if reasonably necessary to satisfy the foregoing
standard.
Number of spaces with minimum dimensions
Gross Leasable Area of 12 feet x 55 feet and overhead clearance
of Buildina of 14 feet from street grade
1,000
- 19,999 1
- 79,999 2
ID20,000
80,000
-127,999 3
128,000
-191,000 4
192,000
-255,999 5
256,000
-319,999 6
320,000
-391,999 7
Plus one (1) for each additional 72,000 square feet or fraction thereof.
(c) Loading and unloading areas shall be so located and designed that the
vehicles intended to use them can (i) maneuver safely and conveniently to and
from a public right of way, and (ii) complete the loading and unloading
operations without obstructing or interfering with any public right-of-way or
any parking space or parking lot aisle.
(d) No area allocated to loading and unloading facilities may be used to
satisfy the area requirements for off-street parking, nor shall any portion of
any off-street parking area be used to satisfy the area requirements for loading
and unloading facilities.
(e) Whenever (i) there exists a lot with one or more structures on it
constructed before the effective date of this chapter, and (ii) a change in use
that does not involve any enlargement of a structure is proposed for such lot,
and (iii) the loading area requirements of this section cannot be satisfied
is 177

because there is not sufficient area available on the lot that can practicably
be used for loading. and unloading, then the developer need only comply with this
• section to the extent reasonably possible.
Section 301 Parking Area Landscaoin
(a) In addition to the shading requirements of Section 317, every
vehicle accommodation area containing 10 or more parking. spaces shall be
landscaped in accordance with the standards delineated in the remainder of this
section.
(b) A minimum 10-foot perpetually maintained natural or planted buffer
yard must be provided to screen any vehicle accommodation area (where such area
is not screened visually by an intervening building) from an adjoining street
right-of-way or property line. The buffer yard shall contain at least one tree
for each sixty linear feet of street frontage and each tree shall have a minimum
caliper of 1.5 inches (measured six inches above the ground) at the time of
planting. Each tree shall be a species which can be expected to attain a minimum
height of 20 feet at maturity. The required buffer yard shall also contain
evergreen shrubs, planted four feet on center, which are 30 inches in height at
the time of planting and are a species which can be expected to form a continuous
landscape buffer at maturity. A combination of natural vegetation, fences, walls
and berms may be utilized to achieve the screening requirements of this section.
All trees and shrubs selected by the developer shall meet the standards set forth
in Appendix E. Land uses required by Section 308 to provide a type A or B screen
between adjoining uses or a street frontage are exempt from the requirements of
this subsection. All portions of the buffer yard not planted with trees or
• shrubs or covered by a wall or other barrier shall be planted with grass, ground
cover, or natural mulch of a minimum depth of three inches.
(c) A minimum of ten percent of the interior of a vehicle accommodation
area shall be devoted to landscaping. Landscaping provided through Section
317(c) shall be credited towards meeting this interior requirement.
(d) Parking area landscaping plans shall be submitted to the Town of
Edenton Tree Committee for review and approval prior to the issuance of a special
use or building permit.
Section 302 Landscaping of Preexisting Vehicle Parking Areas.
(a) The Town Council recognizes that requiring preexisting developments
to meet new regulations is often more difficult and expensive than applying
those regulations to undeveloped properties. Therefore, greater flexibility is
provided herein for applying landscaping requirements to preexisting properties.
• 178

(b) No later than five years after the effective date of this
ordinance, all vehicular parking areas shall comply with the provisions of
• Section 301. At the end of three years after the effective date of this
ordinance, property owners having nonconforming parking lot landscaping shall
submit to the Town Council a proposed plan outlining their intentions to comply
with the requirements of Section 301.
(c) Notwithstanding subsection (b), (i) no expenditure made for
removing existing asphalt and concrete, constructing planting.areas, and adding
soil and plant materials which is necessary to comply with Section 301 shall be
required in excess of 2 percent of the total assessed real property tax value
of the property on which the landscaping improvements are being made; and (ii)
no reduction in the number of parking spaces in excess of 10 percent shall be
required of the owner of a preexisting development when meeting the landscaping
requirements of Section 301.
Section 303 Reserved.
•
• 179

ARTICLE XIX
• SCREENING AND TREES
Part I. Screening
Section 304 Council Findings Concerning the Need for Screening
Requirements.
The Council finds that:
(1) Screening between two lots lessens the transmission from one
lot to another of noise, dust, and glare.
(2) Screening can lessen the visual pollution that may otherwise
occur within an urbanized area. Even minimal screening can
provide an impression of separation of spaces, and more
extensive screening can shield entirely one use from the visual
assault of an adjacent use.
(3) Screening can establish a greater sense of privacy from visual
or physical intrusion, the degree of privacy varying with the
intensity of the screening.
(4) The provisions of this part are necessary to safeguard the
public health, safety and welfare.
Section 305 General Screening Standard.
Every development shall provide and maintain sufficient screening so that:
(1) Neighboring properties are shielded from any adverse external
effects of that development;
(2) The development is shielded from the negative impacts of
adjacent uses such as streets or railroads.
Section 306 Compliance With Screening Standard.
(a) The table set forth in Section 308, in conjunction with the
explanations in Section 307 concerning the types of screens, establishes
screening requirements that, presumptively, satisfy the general standards
established in Section 305. However, this table is only intended to establish
a presumption and should be flexibly administered in accordance with Section
309.
180

(b) The numerical designations contained in the Table of Screening
Requirements (Section 308) are keyed to the Table of Permissible Uses (Section
• 146), and the letter designations refer to types of screening as described in
Section 307. This table indicates the type of screening that is presumptively
required between two uses. Where such screening is required, only one of the
two adjoining uses is responsible for installing the screening. The use assigned
this responsibility is referred to as the "burdened" use in Section 308, and the
other use is the "benefitted" use.
(1) To determine which of two adjoining uses is required to install
the screening, find the use classification number of one of
the adjoining uses in the burdened use column and follow that
column across- the page to its intersection with the use
classification number in the benefitted use column that
corresponds to the other adjoining use. If the intersecting
square contains a letter, then the use whose classification
number is in the burdened column is responsible for installing
that level'of screening. If the intersecting square does not
containea letter, then begin the process again, starting this
time in the burdened column with the other adjoining use.
(2) To merely determine the type of screening a proposed new
development must install, begin under the "burdened" column
with the use classification number of the proposed use and
follow that line across the page to its intersection with the
use classification number of each use that adjoins the property
to be developed. For each intersecting square that contains
• a letter, the developer must install the level of screening
indicated.
(c) If, when the analysis described in subdivision (b)(1) is performed,
the burdened use is an existing use but the required screening is not in place,
then this lack of screening shall constitute a nonconforming situation, subject
to all the provisions of Article VIII of this chapter.
(d) Notwithstanding any other provision of this article, a two-family or
multi -family development shall be required, at the time of construction, to
install any screening that is required between it and adjacent existing uses
according to the table set forth in Section 308, regardless of whether, in
relation to such other uses, the two-family or multi -family development is the
benefitted or burdened use.
Section 307 Descriptions of Screens.
The following three basic types of screens are hereby established and are
used as the basis for the Table of Screening Requirements set forth in Section
308.
181

(1) Oaaaue Screen. Type "A".- A screen that is opaque from the
ground to a height of at least six feet, with intermittent
visual obstructions from the opaque portion to a height of at
• least twenty feet. An opaque screen is intended to exclude
completely all visual contact between uses and to create a
strong impression of spacial separation. The opaque screen
may be composed of a wall, fence, landscaped earth berm,
planted vegetation, or existing vegetation. Compliance of
planted vegetative screens or natural vegetation will be judged
on the basis of the average mature height and density of
foliage of the subject species, or field observation of
existing vegetation. The opaque portion of the screen must
be opaque i n al 1 seasons of the year. At maturi ty, the port i on
of intermittent visual obstructions should not contain any
completely unobstructed openings more than ten feet wide. The
portion of intermittent visual obstructions may contain
deciduous plants. Suggested planting patterns that will
achieve this standard are included in Appendix E.
(2) Semi-Ooaoue Screen. Type "B". A screen that is opaque from
the ground to a height of three feet, with intermittent visual
obstruction from above the opaque portion to a height of at
least twenty feet. The semiopaque screen is intended to
partially block visual contact between uses and to create a
strong impression of the separation of spaces. The semi -opaque
screen may be composed of a wall , fence, 1 andscaped earth berm,
planted vegetation, or existing vegetation. Compliance of
planted vegetative screens or natural vegetation will be judged
on the basis of the average mature height and density of
foliage of the subject species, or field observation of
existing vegetation. At maturity, the portion of intermittent
visual obstructions should not contain any completely
unobstructed openings more than ten feet wide. The zone of
intermittent visual obstruction may contain deciduous plants.
Suggested planting patterns which will achieve this standard
are included in Appendix E.
(3) Broken Screen. Type "C". A screen composed of intermittent
visual obstructions from the ground to a height of at least
twenty feet. The broken screen is intended to create the
impression of a separation of spaces without necessarily
eliminating visual contact between the spaces. It may be
composed of a wall, fence, landscaped earth berm, planted
vegetation, or existing vegetation. Compliance of planted
vegetative screens or natural vegetation will be judged on the
basis of the average mature height and density of foliage of
the subject species, or field observation of existing
vegetation. The screen may- contain deciduous plants.
Suggested planting patterns which will achieve this standard
are included in Appendix E.
Section 308 Table of Screening Requirements.
182

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Section 309 Flexibility in Administration Reouir d.
• (a) The Council recognizes that, because of the wide variety of types of
developments and the relationships between them, it is neither possible nor
prudent to establish inflexible screening requirements. Therefore, as provided
in Section 306, the permit -issuing authority may permit deviations from the
presumptive requirements of Section 308 and may require either more intensive
or less intensive screening whenever it finds such deviations are more likely
to satisfy the standard set forth in Section 305 without imposing unnecessary
costs on the developer.
(b) Without limiting the generality of subsection (a), the permit -issuing
authority may modify the presumptive requirements for:
(1) Commercial developments located adjacent to residential uses
in business zoning districts;
(2) Commercial uses located adjacent to other commercial uses
within the same zoning district;
(3) Uses located within planned residential developments (for
screening requirements within planned residenti al devel opments,
see Section 158).
(c) Whenever the permit -issuing authority allows or requires a deviation
from the presumptive requirements set forth in Section 308, it shall enter on
the face of the permit the screening requirement that it imposes to meet the
standard set forth in Section 305 and the -reasons for allowing or requiring the
• deviation.
(d) If the permit -issuing authority concludes, based upon information it
receives in the consideration of a specific development proposal, that a
presumption established by Section 308 is erroneous, it shall initiate a request
for an amendment to the Table of Screening Requirements in accordance with the
procedures set forth in Article XX.
0
Section 310 Combination Uses.
(a) In determining the screening requirements that apply between a
combination use and another use, the permit -issuing authority shall proceed as
if the principal uses that comprise the combination use were not combined and
reach its determination accordingly, relying on the table set forth in Section
308 interpreted in the light of Section 309.
(b) When two or more principal uses are combined to create a combination
use, screening shall not be required between the component principal uses unless
they are clearly separated physically and screening is determined to be necessary
to satisfy the standard set forth in Section 305.
184

Section 311 Subdivisions.
is the
undeveloped land is subdivided and undeveloped lots only are sold,
the subdivider shall not be required to install any screening. However, every
attempt shall be made to retain existing vegetation. Screening shall be
required, if at all, only when the lots are developed, and the responsibility
for installing such screening shall be determined in accordance with the other
requirements of Part I of this article. However, in residential districts, the
subdivider shall provide a buffer strip at least twenty feet.(20') in depth or
width (in -addition to the normal lot depth or width required) adjacent to all
arterial and collector highways, all railroad rights -of -way, and industrial and
commercial uses or zoning districts. This strip shall be a part of the platted
lots, and shall have the following restrictions lettered on the face of the plat:
"This strip is reserved for the planting of trees or shrubs by the owner; the
building of structures hereon is prohibited."
Section 312 Maintenance of Landscaping Materials.
The owner of the property upon which the landscaping materials required
by this article as well as Section 301 have been installed shall be responsible
for the continued proper maintenance of all such landscaping materials.
Landscaped areas shall be kept in a proper, neat and orderly appearance and free
from refuse and debris. All unhealthy or dead plant material shall be replaced
by the property owner. Failure to maintain the required landscape materials
shall constitute a zoning violation and shall be remedied in accordance with the
provisions of Article VII.
• Section 313 Width of Sc eened Areas and Vegetation Adjacent to Walls and
Fences.
The width of screened areas required in this article will be dependent upon
the method of screening used but in no case shall the width be less than fifteen
(15) feet. When walls or fences are used to meet screening requirements,
vegetation shall be planted on both sides of the wall or fence sufficient to
obstruct at least 50 percent of the wall's or fence's surface.
Part II. Shading
Section 314 Council Findings and Declaration of Policy on Shade Trees.
(a) The Council finds that:
(1) Trees are proven producers of oxygen, a necessary element for
human survival;
(2) Trees appreciably reduce the ever- increasing, environmentally
dangerous carbon dioxide content of the'air and play a vital
role in purifying the air we breathe;_
185

(3) Trees transpire considerable amounts of water each day and
thereby purify the air much like the air -washer devices used
• on commercial air conditioning systems;
(4) Trees have an important role in neutralizing waste water
passing through the ground from the surface to ground water
tables and lower aquifers;
(5) Trees, through their root systems, stabilize the ground water
tables and play an important and effective part in soil
conservation, erosion control and flood control;
(6) Trees are an invaluable physical, aesthetic and psychological
counterpoint to the urban setting, making urban life more
comfortable by providing shade and cooling the air and land,
reducing noise levels and glare and breaking the monotony of
human developments on the land, particularly parking areas;
and
(7) For the reasons indicated in Subdivision (6), trees have an
important impact on the desirability of land and therefore on
property values.
(b) Based upon the findings set forth in subsection (a), the Council
declares that it is not only desirable but essential to the health, safety, and
welfare of all persons living or working within the town's planning jurisdiction
to protect certain existing trees and, under the circumstances set forth in this
• article, to require the planting of new trees in certain types of developments.
Section 315 Reouired Trees Along Dedicated Streets.
Along both sides of all newly created streets that are constructed in
accordance with the public street standards set forth in Article XIV, the
developer shall either plant or retain sufficient trees so that, between the
paved portion of the street and a line running parallel to and fifty feet from
the centerline of the street, there is for every thirty feet of street frontage
at least an average of one deciduous tree. When trees are planted by the
developer pursuant to this section, the developer shall choose trees that meet
the standards set forth in Appendix E.
Section 316 Retention and Protection of Large Trees.
(a) Every development shall retain all existing trees twelve inches in
diameter or more unless the retention of such trees would unreasonably burden
the development.
(b) No excavation or other subsurface disturbance may be undertaken within
the drip line of any tree twelve inches in diameter or more, and no impervious
surface (including, but not limited to, paving or buildings) may be located
within the drip line of any tree twelve inches in diameter (measured at a height
of 4.5 feet above ground level) or more unless compliance with this subsection
• would unreasonably burden the development. For purposes of this subsection, a
186

drip line is defined as a perimeter formed by the points farthest away from the
trunk of a tree where precipitation falling from the branches of that tree lands
• on the ground.
(c) The retention or protection of trees twelve inches -in diameter or more
as provided in subsections (a) and (b) unreasonably burdens a development if,
to accomplish such retention or protection, the desired location of improvements
on a lot or the proposed activities on a lot would have to be substantially
altered and such alteration would work an unreasonable hardship upon the
developer.
(d) If space that would otherwise be devoted to parking cannot be so used
because of the requirements of subsections (a) or (b), and, as a result, the
parking requirements set forth in Article XVIII cannot be satisfied, the number
of required spaces may be reduced by the number of spaces "lost" because of the
provisions of subsections (a) and (b), up to a maximum of fifteen percent of the
required spaces.
Section 317 Shade Trees in Parking Areas.
(a) Vehicle accommodation areas that contain 10 or more parking spaces
must include deciduous shade trees (either retained or planted by the developer).
Trees shall be evenly distributed throughout vehicle accommodation areas so as
to maximize the number of parking spaces that receive shade. When trees are
planted by the developer to satisfy the requirements of this subsection, the
developer shall choose trees that meet the standards set forth in Appendix E.
• (b) Each tree of the type described in subsection (a) shall be presumed
to shade a circular area having a radius of fifteen feet with the trunk of the
tree as the center, and there must be sufficient trees so that, using this
standard, twenty percent of the vehicle accommodation area will be shaded.
(c) No paving may be placed within two-thirds of the distance from the
trunk (measured from the outside of the trunk) to the drip line of any tree
retained to comply with subsection (a), and new trees planted to comply with
subsection (a) shall have pavement no closer than 5 feet from the trunk in any
direction. (Refer to Section 316 for special requirements for large trees.)
(d) Vehicle accommodation areas shall be laid out and detailed to prevent
vehicles from striking trees. Vehicles will be presumed to have a body overhang
of three feet six inches.
Section 318 Compliance with Landscaping and Screening Standards
No building permit shall be issued until a landscaping plan delineating
how the requirements of this article will be met has been submitted to and
approved by the Town of Edenton Tree Committee, and no certificate of occupancy
shall be issued until the landscaping is completed as certified by an on -site
inspection by the administrator, unless a bond or other acceptable guarantee of
improvements has been posted.
187

PART III. Supplemental Standards Applicable to All Landscaped Areas
• Section 319 Irrigation
An irrigation system is recommended for all landscaped areas required in
this article.
Section 319.01 Revegetation.
All areas cleared of existing vegetation shall be revegetated with grass
and trees as soon as possible after being disturbed. Such disturbed areas shall
be replanted with domesticated grass and trees of a species similar to those
recommended in Appendix E-12 and E-13. Disturbed areas shall be replanted with
one tree for each 707 square feet of disturbed area.
Section 319.02 Preservation of Existing Vegetation
Every attempt shall be made to preserve existing vegetation. A minimum
of 50 percent of all areas not devoted to buildings, streets, drives, parking,
and loading areas shall be maintained in a natural state unless it can be
demonstrated, to the satisfaction of the permit -issuing authority, that
revegetation would meet the intent of this article and would provide a vegetative
pattern superior to the existing natural vegetation.
Section 319.03 Specificity of Plans.
• All plans as required by this article shall show the specific location of
plant material to be planted and shall also show the specific location of plant
material that will remain. In addition, plans shall show the size of plant
material to be installed and any other pertinent information required by this
article. Photographs of vegetative conditions preceding development shall be
submitted with plans required by this article.

ARTICLE XX
• AMENDMENTS
Section 320 Amendments in General.
(a) Amendments to the text of this ordinance or to the zoning map may be
made in accordance with the provisions of this article.
(b) Conditional use district zoning requests shall be made in accordance
with the provisions of Section 327.
(c) The Town Council shall consider amendments to this ordinance not more
than four times per year at one meeting during the months of February, May,
August and November. The Town Council may waive this restriction if it finds
an emergency exists by a three -fourths majority vote of its membership.
Section 321 Initiation of Amendments.
(a) Whenever a request to amend this ordinance is initiated by the Town
Council, the Planning Board, the Board of Adjustment, or the town administration,
the administrator, in consultation with the Town Attorney shall draft an
appropriate ordinance and set a date for a public hearing.
(b) Any other person may also petition the Council to amend this
• ordinance. The petition shall be filed with the administrator and shall include,
among the information deemed relevant by the administrator:
(1) The name, address, and phone number of the applicant;
(2) A metes and bounds description and a scaled map of the land
affected by the amendment if a change in zoning district
classification is proposed;
(3) Stamped envelopes containing the names and addresses of all
those to whom notice of the public hearing must be sent as
provided in Section 323;
(4) A description of the proposed map change or a summary of the
specific objective of any proposed change in the text of this
ordinance;
(c) Petitions for amendments shall be submitted to the administrator 25
days prior to the date of the Planning Board meeting at which the petition will
be reviewed in accordance with the schedule delineated in Section 320(c). If
the submission deadline date falls on a Saturday, the application must be
received by the preceding Friday. If the submission deadline date falls on a
Sunday, the application must be received by the following Monday.
189

(d) If the administrator determines that the development for which a
rezoning is requested will have or may have substantial impact on surrounding
• properties, he shall require that (i) the applicant notify, at a minimum, all
adjoining property owners, at least ten days in advance, of an informal
informational meeting and (ii) the applicant conduct the informational meeting
to discuss the impacts of the proposed rezoning with the adjoining property
owners. The purpose of the informational meeting is to involve those property
owners most likely impacted by a proposed project in the early steps of the
development process. Consequently, the informational meeting should be held
prior to the public hearing date established for the rezoning request.
(e) Without limiting the generality of subsection (d), the administrator
may require the applicant to hold an informational meeting when:
(1) the request for a rezoning involves a residential project of
25 or more dwelling units.
(2) the request for a rezoning involves 10 acres or more.
Section 322 Planning Board Consideration of Proposed Amendments
(a) After a date for a public hearing on a proposed amendment is set, by
the administrator, the proposed amendment shall be referred to the Planning Board
for its consideration.
(b) The Planning Board shall endeavor to review the proposed amendment
• in such a timely fashion that any recommendations it may have can be presented
to the Council at the public hearing on the amendment. However, if the Planning
Board is not prepared to make recommendations at the public hearing, it may
request the Council to delay final action on the amendment until such time as
the Planning Board can present its recommendations.
(c) The Council need not await the recommendations of the Planning Board
before taking action on a proposed amendment, nor is the Council bound by any
recommendations of the Planning Board that are before it at the time it takes
action on a proposed amendment.
Section 323 Hearing Required; Notice.
(a) No ordinance that amends any of the provisions of this ordinance may
be adopted until a public hearing has been held on such ordinance.
(b) The administrator shall publish a notice of the publi
ordinance that amends the provisions of this ordinance once
successive weeks in a newspaper having general circulation in
notice shall be published for the first time not less than to
than twenty-five days before the date fixed for the hearing. In
period, the date of publication shall not be counted but the dat
shall be.
190
c
n
e
hearing on any
a week for two
the area. The
days nor more
computing this
of the hearing

(c) With respect to map amendments, the administrator shall mail written
• notice of the public hearing to the record owners for tax purposes of all
properties whose zoning classification is changed by the proposed amendment as
well as the owners of all properties any portion of which is within 100 feet of
the property rezoned by the amendment. The notice required in this subsection
shall not be required in the case of a comprehensive revision and readoption of
the entire Edenton Zoning Map. For purposes of this subsection, a comprehensive
revision and readoption of the Edenton Zoning Map does not require that each and
every tract of land within the zoning jurisdiction experience a change in zoning
classification as long as the rezoning represents comprehensive,
jurisdiction -wide map revision.
(d) The administrator shall also post notices of the public hearing in
the vicinity of the property rezoned by the proposed amendment and take any
other action deemed by the administrator to be useful or appropriate to give
notice of the public hearing on any proposed amendment.
(e) The notice required or authorized by this section shall:
(1) State the date, time, and place of the public hearing;
(2) Summarize the nature and character of the proposed change;
(3) If the proposed amendment involves a change in zoning district
classification, reasonably identify the property whose
classification would be affected by the amendment;
• (4) State that the full text of the amendment can be obtained from
the Town Clerk; and
(5) State that substantial changes in the proposed amendment may
be made following the public hearing.
(6) Summarize the protest petition provisions of Section 326 if
the proposed amendment involves a change in zoning district
classification.
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(f) The administrator shall make every reasonable effort to comply with
the notice provisions set forth in this section. However, it is the Council's
intention that no failure to comply with any of the notice provisions (except
those set forth in subsection (b)) shall render any amendment invalid.
(g) The person or persons mailing notices to adjoining property owners,
as defined in N.C. G.S. 160A-384, shall certify to the Town Council that fact.
Section 324 Council Action on Amendments.
(a) At the conclusion of the public hearing on a proposed amendment, the
Council may proceed to vote on the proposed ordinance, refer it to a committee
for further study, or take any other action consistent with its usual rules of
procedure.
191

(b) The Council is not required to take final action on a proposed
amendment within *any specific period of time, but it should proceed as
• expeditiously as practicable on petitions for amendments since inordinate delays
can result in the petitioner incurring unnecessary costs.
(c) Voting on amendments to this ordinance shall proceed in the same
manner as other ordinances, subject to Section 326.
Section 325 Ultimate Issue Before Council on Amendments.
In deciding whether to adopt a proposed amendment to this ordinance, the
central issue before the Council is whether the proposed amendment advances the
public health, safety or welfare. All other issues are irrelevant, and all
information related to other issues at the public hearing may be declared
irrelevant by the mayor and excluded. When considering proposed map amendments:
(1) Except for rezoning requests submitted in accordance with
Section 327, the Council shall not consider any representations
made by the petitioner that, if the change is granted, the
rezoned property will be used for only one of the possible
range of uses permitted in the requested classification.
Rather, the Council shall consider whether the entire range
of permitted uses in the requested classification is more
appropriate than the range of uses in the existing
classification.
• (2) The Council shall not regard as controlling any advantages or
disadvantages to the individual requesting the change, but
shall consider the impact of the proposed change on the public
at large.
Section 326 Protests to Zoning District Changes.
(a) If a petition opposing a change in the zoning classification of any
property is filed in accordance with the provisions of this section, then the
proposed amendment may be adopted only by a favorable vote of three -fourths of
the Council membership.
(b) To trigger the three -fourths vote requirement, the petition must:
(1) Be signed by the owners of twenty percent or more.either of
(i) the lots included in a proposed change, or (ii) the lots
within 100 feet of either side or the rear of the tract to be
rezoned, or (iii) the lots directly opposite the tract to be
rezoned and extending 100 feet from the street frontage of such
opposite lots.
(2) Be in the form of a written petition actually bearing the
signatures of the requisite number of''property owners and
stating that the signers do protest the proposed change or
• amendment.
192

(3) Be received by the Town Clerk in sufficient time to allow the
town at least two normal working days before the date
• established for a public hearing on the proposed amendment to
determine the sufficiency and accuracy of the petition.
(4) Be on a form provided by the Town Clerk and contain all the
information requested on this form.
Section 327 Conditional Use District Re oninas
(a) There are circumstances in which a general zoning district designation
allowing a use by right would not be appropriate for a particular property even
though the use itself could, if properly planned, be appropriate for the property
consistent with the objectives of this ordinance and the adopted Land Development
Plan. The review process established in this section provides for the
accommodation of such uses by a reclassification of property into a conditional
use district, subject to specific conditions which ensure compatibility of the
use with the use and enjoyment of neighboring properties.
(b) The conditional use district approval process is established to
address those situations when a particular use may be acceptable but the general
zoning district which would allow that use would not be acceptable. It allows
the Council to approve a proposal for a specific use with reasonable conditions
to assure the compatibility of the use with surrounding properties. Any use
permitted under this process must also conform to the development regulations
for the corresponding general zoning district. This is a voluntary procedure
• which is intended for firm development proposals. It is not intended or suited
for securing early zoning for tentative proposals which may not be undertaken
for some time. Uses which may be proposed and considered for a conditional use
district shall be restricted to those uses permitted in the underlying general
zoning district.
(c) No conditional use district shall be established until after the
person proposing the district has submitted a petition for the reclassification
of property and the Council has approved such petition in accordance with the
procedures delineated in Section 321. Every petition for the reclassification
of property to a conditional use district shall be accompanied by a site plan
containing the requisite information specified in Appendix A. In the course of
evaluating the proposed use, the Council may request additional information
deemed appropriate to provide a complete analysis of the proposal.
(d) The Council may approve the reclassification of property to a
conditional use district only upon determining that the proposed use will meet
all standards and requirements in these regulations that are applicable to the
proposed use. In approving a petition for the reclassification of property to
a conditional use district, the Planning Board may recommend and the Council may
attach reasonable and appropriate conditions to approval of the petition. Any
such conditions should relate to the relationship of the proposed use to
surrounding property, proposed support facilities such as parking areas and
driveways, pedestrian and vehicular circulation systems, *screening and buffer
areas, the timing of development, street and right-of-way improvements, water
and sewer improvements, stormwater drainage, the provision of open space, and
193

other matters that the Council may find appropriate or that the petitioner may
propose. Such conditions to approval of the petition may include dedication to
• the town of any rights -of -way or easements for streets, water, sewer, or other
public utilities necessary to serve the proposed development. Such conditions
shall not include architectural review or controls. The petitioner shall have
a reasonable opportunity to consider and respond to any such conditions prior
to final action by the Council.
(e) If a petition is approved under this section, the district that is
established, the approved petition, and all conditions which may have been
attached to the approval are binding on the property as an amendment to these
regulations and to the zoning map. All subsequent development and use of the
property shall be in accordance with the standards for the approved conditional
district, the approved petition, and all conditions attached to the approval.
Only those uses and structures indicated in the approved petition and site plan
shall be allowed on the subject property. Any development in the district shall
comply with all provisions of and conditions to the approved petition and site
plan. Any uses and structures on the subject property shall also comply with
all standards and requirements for development in the underlying general zoning
district.
(f) Following the approval of the petition for a conditional use district,
the subject property shall be identified on the zoning map by the appropriate
district designation. A conditional use district shall be identified by the same
designation as the underlying general zoning district followed by the letters
"CD" (for example, RA (CD)].
• (g) Except as provided in subsection (h), changes to the approved petition
or to the conditions attached to the approval shall be treated the same as
amendments to these regulations or to the zoning map and shall be processed in
accordance with the procedures in this section.
(h) Minor changes in the detail of the approved petition or site plan
which will not alter the basic relationship of the proposed development to
surrounding properties or the standards and requirements of these regulations
or to any conditions attached to the approval may be approved by the
administrator without going through the amendment process or a public hearing.
The administrator, at his discretion, may forward any application for changes
in detail to the Council for its consideration as an amendment to these
regulations or the zoning map. The applicant may appeal the decision of the
administrator to the Board of Adjustment for review and decision as to whether
an amendment to the approved district shall -be required.
(i) It is intended that property shall be reclassified to a conditional
use district only in light of firm plans to develop the property. Therefore,
from the date of approval of the petition, the administrator shall periodically
examine the progress made toward developing the property in accordance with the
approved petition and any conditions attached to the approval. If the
administrator determines that construction has not commenced or is not in
accordance with the approved petition and conditions, the administrator shall
either initiate a reclassification of the property in'accordance with the
procedures established in this section or shall forward .a report to the Council
recommending that the property be classified to another district.
194

(j) After a certificate of occupancy has been issued for the development
approved as a conditional use district, the administrator shall periodically
• inspect the use and maintenance of the subject property to ensure continued
compliance with these regulations, the approved petition, and any conditions
attached by the Council to approval of the petition.
195

• APPENDICES
Appendix A: INFORMATION REQUIRED WITH APPLICATIONS
Appendix B: SPECIFICATIONS ON DRIVEWAY ENTRANCES
Appendix C: SPECIFICATIONS FOR STREET DESIGN AND CONSTRUCTION
Appendix D: VEHICLE ACCOMMODATION AREA SURFACES
Appendix E: SCREENING AND TREES
Appendix F: PLANTING, PRUNING AND ANNUAL MAINTENANCE PRACTICES
FOR STREET AND PARK TREES
Appendix G: PLANTS FOR BUFFER AND PARKING LOT LANDSCAPING
Appendix H: STREET TREES APPROVED FOR USE
Appendix I: GRAPHICS ILLUSTRATING MAJOR BUFFERING AND
LANDSCAPING REQUIREMENTS

•
APPENDIX A
INFORMATION REQUIRED WITH APPLICATIONS
0

AppendixA
• INFORMATION REQUIRED WITH APPLICATIONS
A-1. In General
(a) As provided in Section 49, it i.s presumed that all of the
information listed in this appendix must be submitted with an application
for a zoning, sign, special use, or conditional use permit to enable the
permit -issuing authority to determine whether the development, if completed
as proposed, will comply with all the requirements of this chapter. As
set forth in Section 92, applications for variances are subject to the same
provisions. However, the permit -issuing authority may require more
information or accept as sufficient less information according to the
circumstances of the particular case. A developer who believes information
presumptively required by this appendix is unnecessary shall contact the
planning staff for an interpretation.
(b) As also provided in Section 49, the administrator shall develop
application processes, including standard forms, to simplify and expedite
applications for simple developments that do not require the full range
of information called for in this appendix. In particular, developers
seeking only permission to construct single-family or two-family residences
or to construct new or modify existing signs should contact the
administrator for standard forms.
• A-2. Written ARQlication
Every applicant for a variance or a zoning, sign, special use or
conditional use permit shall complete a written application containing at
least the following information:
(1) The name, address, and phone number of the applicant.
(2) If the applicant is not the owner of the property in
question, (i) the name, address, and phone number of the
owner, and (ii) the legal relationship of the applicant to
the owner that entitles the applicant to make application.
(3) The date of the application.
(4) Identification of the particular permit sought.
(5) A succinct statement of the nature of the development
proposed under the permit or the nature of the variance.
(6) Identification of the property in question by street address
and tax map reference.
Appendix A - 1

(7) The zoning district within which the property lies.
(8) A boundary survey showing the dimensions and the number of
square feet in the lot where the development is to take
place. --
(9) The gross floor area of all existing or proposed buildings
located on the lot where the development is to take place.
(10) If the proposed development is a two-family or multi- family
residential development or an architecturally integrated
subdivision, the number of one, two, three, or four bedroom
dwelling units proposed for construction.
A-3. Development Site Plans
Subject to Section A-1 of this appendix, every application for a
variance or a zoning, sign, special use or conditional use permit shall
contain plans that locate the development site and graphically demonstrate
existing and proposed natural, man-made, and legal features on and near
the site in question, all in conformity with Sections A-4 through A-6 of
this appendix.
A-4. Graphic Materials Required for Plans
• (a) The plans shall include a -location map that shows the location
of the project in the broad context of the town or planning jurisdiction.
This location map may be drawn on the development site plans or it may be
furnished separately using reduced copies of maps of the town's planning
jurisdiction.
(b) Development site plans shall be drawn to scale, using such a
scale that all features required to be shown on the plans are readily
discernible. Very large developments may require that plans show the
development in sections to accomplish this objective without resorting to
plans that are so large as to be cumbersome, or the objective may be
accomplished by using different plans or plans drawn to different scales
to illustrate different features. In all cases, the permit -issuing
authority shall make the final determination whether the plans submitted
are drawn to the appropriate scale, but the applicant for a conditional
or special use permit relies in the first instance on the recommendations
of the planning staff.
(c) Development site plans should show on the first page the
following information:
(1) Name of Applicant
(2) Name of Development (if any)
(3) North Arrow
(4) Legend
• (5) Scale
Appendix A - 2

(d) All of the features required to be shown on plans by Sections
A-5 and A-6 may be included on one set of plans, so long as the features
• are distinctly discernible.
A-5. Existing Natural. Man -Made and Legal Features
(a) Development site plans shall show all existing natural, man-
made, and legal features on the lot where the development is to take pl ace,
including but not limited to those listed below. In addition, the plans
shall also -show those features indicated below by an asterisk that are
located within fifty feet in any direction of the lot where the development
is to take place, and shall specify (by reference to the Table of
Permissible Uses or otherwise) the use made of adjoining properties.
(b) Existing natural features:
(1) Tree line of wooded areas.
(2) Individual trees twelve inches in diameter or more,
identified by common or scientific name.
(3) Orchards or other agricultural groves by common or
scientific name.
*(4) Streams, ponds, drainage ditches, swamps, boundaries of
floodways and floodplains.
• (5) (If the
proposed fdevelopment is a subdivision of more than
fifty more than five acres of land are to be
developed), base flood elevation data (See Article XVI, Part
I).
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*(6) Contour lines (shown as dotted lines) with no larger than
five-foot contour intervals. (As indicated in Subsection
A-6(b)(17), proposed contour lines shall be shown as solid
lines.)
(7) Boundaries of applicable Areas of Environmental Concern in
accordance with the State Guidelines for AECs (15 NCAC 7H)
pursuant to the Coastal Area Management Act of 1974.
(c) Existing man-made features:
*(1) Vehicle accommodation areas (including parking areas,
loading areas and circulation areas, see Section 290), all
designated by surface material and showing the layout of
existing parking spaces and direction of travel lanes,
aisles, or driveways.
(2) Streets, private roads, sidewalks, and other walkways,all
designated by surface material.
Appendix A - 3

(3) Curbs and gutters, curb inlets and curb cuts, and drainage
• grates.
(4) Other storm water or drainage facilities, including
manholes, pipes, and drainage ditches-.-
(5) Underground utility lines, including water, sewer, electric
power, telephone, gas, cable -television.
(6). Aboveground utility lines and other utility facilities.
*(7) Fire hydrants.
*(8) Buildings, structures and signs (including dimensions of
each).
(9) Location of exterior light fixtures.
*(10) Location of dumpsters.
(d) Existing legal features:
(1) The zoning of the property, including zoning district lines
where applicable.
(2) Property lines of the tract to be developed (with dimensions
identified), adjacent property lines (including corporate
• limits, town boundaries and county lines).
(3) Street right-of-way lines.
(4) Utility or other easement lines.
(5) Deed book and page reference demonstrating ownership of
property.
A-6. Proposed Changes in Existing Features or New Features
(a) Development site plans shall show proposed changes in (i)
existing natural features (see A-5(b)), (ii) existing manmade features
(see A-5(c)), and (iii) existing legal features (see A-5(d)).
(b) Development site plans shall also show proposed new legal
features (especially new property lines, street right-of-way lines, and
utility and other easements), as well as proposed man-made features,
including, but not limited to, the following:
(1) The number of square feet in every lot created by a new
subdivision and the total number of lots created.
(2) Lot dimensions, including lot widths measured in accordance
• with Section 183 and average lot size.
Appendix A - 4

(3) The location and dimensions of all buildings and
freestanding signs on the lot, as well as the distances
• all buildings are set back from property lines, streets or
street right-of-way lines (see Section 184).
(4) Principal side(s) building elevations for typical units of
new buildings or exterior remodel ings of existing buildings,
showing building heights (see Section 186) and proposed wall
sign or window sign area;
(5) The location and dimensions of all recreational areas
provided in accordance with Article XIII, with each area
designated as to type of use;
(6) The location and dimensions of all areas intended to remain
as usable open space. The plans shall clearly indicate
whether such open space areas are intended to be offered
for dedication to public use or to remain privately owned.
(7) Streets, labeled by classification (see Section 210) and
street name showing linear feet, whether curb and gutter
or shoulders and swales are to be provided and indicating
street paving widths, approximate grades and typical street
cross -sections. Private roads in subdivisions shall also
be shown and clearly labeled as such.
(8) Curbs and gutters, curb inlets and curb cuts, drainage
• grates.
(9) Other storm water or drainage facilities, including
manholes, pipes, drainage ditches, retention ponds, etc.
(10) Sidewalks and walkways, showing widths and surface material.
(11) Bridges.
(12) Outdoor illumination with lighting fixtures sufficiently
identified to demonstrate compliance with Section 242.
(13) Underground utility lines, including water, sewer, electric
power, telephone, gas, cable television. Water and sewer
pipe line signs shall be labeled.
(14) Aboveground utility lines and other facilities.
(15) Fire hydrants.
(16) Dumpsters.
(17) New contour lines resulting -from earth movement (shown as
solid lines) with no larger than five-foot contour intervals
(existing lines should be shown as dotted lines).
Appendix A - 5

(18) Scale drawings of all signs requiring permits pursuant to
Article XVII, together with an indication of the location
• and dimensions of all such signs.
(19) Vehicle accommodation areas (including parking areas,
loading areas, and circulation areas, see Section 290),
all designated by surface material and showing the
dimensions and layout of proposed parking spaces and the
dimensions and direction of travel of .lanes, aisles, and
driveways.
(20) Proposed plantings or construction of other devices to
comply with the screening requirements of Article XIX, Part
I, as well as proposed plantings of trees to comply with
the shading requirements of Article XIX, Part II and the
parking area landscaping requirements of Section 301. Plans
shall label shrubbery by common or scientific name, show
the distance between plants and indicate the height at the
time of planting and expected mature height and width.
Plans shall label trees by common or scientific name, show
the circles of the mature crowns (major trees shall be drawn
at diameter - 301; dwarf or decorative trees shall be drawn
at their actual mature crown), and indicate the height at
the time of planting.
A-7. Documents and Written Information in Addition to Plans
• In addition to the written application and the plans, whenever the
nature of the proposed development makes information or documents such as
the following relevant, such documents or information shall be provided.
The following is a representative list of the types of information or
documents that may be requested:
(1) Documentation confirming that the applicant has a -legally
sufficient interest in the property proposed for development
to use it in the manner requested, or is the duly appointed
agent of such a person.
(2) Certifications from the appropriate agencies that proposed
utility systems are or will be adequate to handle the
proposed development, as set forth in Article XV, and that
all necessary easements have been provided.
(3) Detailed description of play apparatus or other recreational
facilities to be provided in miniparks.
(4) Legal documentation establishing homeowners associations
or other legal entities responsible for control over
required common areas and facilities.
(5) Bonds, letters of credit, or other.surety devices.
Appendix A - 6

(6) Stamped envelopes containing the names and addresses
of all those to whom notice of a public hearing must
• be sent to comply with Section 102 or Section 54.
(7) Complete documentation justifying any -requested deviation
from specific requirements established by this chapter as
presumptively satisfying design standards.
(8) Written evidence of permission to use satellite parking
spaces under the control of a person other than the
developer when such spaces are allowed pursuant to Section
298.
(9) Written evidence of good faith efforts to acquire satellite
parking under the circumstances set forth in Section 298.
(10) A traffic impact study performed and prepared by a qualified
transportation or traffic engineer or planner.
(11) Time schedules for the completion of phases in staged
development, as required by Section 61.
(12) The environmental impact of a development, including its
effect on historically significant or ecologically fragile
or important areas and its impact on pedestrian or traffic
safety or congestion.
• (13) If any street is proposed to intersect with a state
maintained road, a copy of the application for driveway
approval as required by the Department of Transportation,
Division of Highways Manual on Driveway Regulations.
(14) Proposed deed restrictions or covenants to be imposed upon
newly created lots.
A-8. Number of CoOles of Plans and Documents
With respect to all plans and other documents required by this
appendix, the developer shall submit the number of copies (not to exceed
ten) that the administrator deems necessary to expedite the review process
and to provide necessary permanent records.
Appendix A - 7

•
APPENDIX B
SPECIFICATIONS ON DRIVEWAY ENTRANCES

Appendix B
SPECIFICATIONS ON DRIVEWAY ENTRANCES
B-1. All driveway entrances and other openings onto town -maintained streets
shall, at a minimum, conform to the
requirements set forth in this
appendix. Driveway entrances to state -maintained streets shall also
conform to the standards contained herein as well as those
Carolina Department of Transportation. In the
of the North
the two sets of standards,
event of a conflict between
the most restrictive standard shall apply.
B-2. Basic Driveway Dimensions
Multi -Family
1 and 2
Residential
Map Reference Family
and
(See Figure a 1) Residential
Commercial Industrial
Width'
W
One -Way
Two -Way
10'-12'
15'-18' 20'-25'
10'-12'
30'-36' 40'-50'
Right Turn Radius2
R 5'
15'-30' 15'-30'
or Flare
Minimum Spacing
• From Property Line
P 0'
0' -R
From Street Corner
C 5'
10, 10,
Between Driveways
S 3'
3' 10,
Minimum Angle
A 45'
45' 300
40
'Multi -lane driveway widths to be determined by the Public Works Director based upon
the number of lanes, the type of land use served, and the use of channelizing islands.
20n the side of a driveway exposed to entry or exit by right turning vehicles. The
radii for major generator driveways to be determined by the Public Works Director.
3Measured along the curb or edge of pavement from the roadway end of the curb radius
or flare.
4Minimum acute angle measured from edge of pavement, and generally based on one-way
operation. For two-way driveways and in high pedestrian activity areas, the minimum
angle should be 70 degrees.
Appendix B - 1

B-3 Driveway Spacing
• (a) The standards for driveway spacing delineated in Section B-2 are
intended as general guidelines for driveways with low and moderate traffic
volumes. Spacing for high volume driveways (such as shopping centers,
major apartment complexes, etc.) shall be determined by the Public Works
Director based upon actual traffic conditions and needs.
(b) The number of permissible driveways on an individual property
shall be determined as follows:
Maximum Number of Driveways
Frontage Arterial By Street All Other
<50, 1 1
51' - 150' 1 2
151' - 500' 2 3
>500, 3 4
B-4 Dedication of Right-of-Way/Roadway Improvements
Applicants for driveways may be required to dedicate right-of-way for
and construct or reimburse the cost of constructing medians, acceleration
and deceleration lanes, and traffic storage lanes in order to connect a
• driveway to a street. The need for -these improvements will be determined
by the Public Works Director and in cases involving driveway connections
onto state -maintained roads, the consent of the North Carolina Department
of Transportation must also be obtained. The need for the improvements
must be reasonably attributable to the traffic utilizing the driveway and
the improvements must be designed to serve the driveway traffic.
18
Appendix B - 2

rl�
Curb or edge a
surfaced road
r 3� I
W J curb I_R
i R
---- — --, Wes, —
R/W I
J
I I m H
fj
I I �
R I S I R C I corner
radius
If island 50 sqA or greater area
Figure i Driveway dimensions measurements
Source: Guidelines For Driveway Location and Design,
Institute or Transportation tngineers, 198 .

•
APPENDIX C
SPECIFICATIONS FOR STREET DESIGN AND CONSTRUCTION

0
is
Appendix C
SPECIFICATIONS FOR STREET DESIGN AND CONSTRUCTION
C-1. Design Speed, Sight Distance Centerline Radius
Minor
Local
Sub -Collector
Design Speed
25 mph
25 mph
30 mph
Minimum Sight Distance
on Vertical Curve
150'
150,
200'
Minimum Centerline
Radius
150'
150'
200,
C-2. Cut and Fill Slopes
Collector
35 mph
200'
250'
Cut and fill slopes on any street right-of-way may not exceed 3:1.
C-3. Sight Distances at Intersections
(a) At no -stop intersections, the intersection shall be constructed
so that a person standing at a location on the centerline of any street
90 feet from the intersection of the street centerlines has an unobstructed
view to a point located on the centerline of the intersecting street 90
feet (in either direction) from the intersection of the street centerlines.
See Standard Diagram No. 1.
(b) Subject to subsection (c), at stop intersections, the
intersection shall be constructed so that a person standing 10 feet back
of the intersection of right-of-way lines on the stop street has an
unobstructed view to a point on the right-of-way line of the intersecting
through street located 10 feet from the intersection of the right-of-way
lines. See Standard Diagram No. 2.
(c) At stop intersections where a residential street intersects with
a state -maintained primary road, the intersection shall be constructed so
that a person standing 30 feet back of the intersection of right-of-way
lines on the stop street has an unobstructed view to a point on the
centerline of the through street located 150 feet from the intersection
of the street right-of-way lines. See Standard Diagram No. 3.
C-4. Radius at Street Intersections
At street intersections, the intersections of the paved surfaces shall
be rounded with a minimum radius as shown in Standard Diagram No. 4 and
No. 5. Where streets intersect at less than right angles, a greater radius
may be required.
Appendix C - 1

. C-5. Clearing and Grubbina
• Clearing and grubbing shall be performed within the limits shown on
the plans. All timber, brush, roots, stumps, trees, or other vegetation
cut during the clearing operations shall become- the contractor's
responsibility to dispose of, and shall be either removed from the project
by him, or satisfactorily disposed of on -site.
C-6. Grading and Compaction
Streets shall be graded in accordance with the lines and grade set
by the engineer. Before placing curb and gutter or base on the graded
subgrade, the subgrade shall be compacted to 95% ASSHO T99 for a depth of
6 inches and then shall be proof rolled in the presence of the engineer.
Places that are found to be loose, or soft, or composed of unsuitable
materials, whether in the subgrade or below it, must be dug out and
refilled with suitable material. All embankments or fills shall be made
in one -foot horizontal lifts of suitable material. The fill shall be
rolled twice with a vibratory roller weighing not less than eight tons.
C-7. Street Base
Arterial, collector, and marginal access streets shall have a base
course 8 inches thick which shall be crushed stone conforming to D.O.T.
Type ABC stone. The stone base course shall be placed in 4 inch layers,
• watered as necessary, and compacted to 100% AASHO T99. The contractor
shall be responsible for keeping the stone base free of contamination from
clay or other foreign materials. Handling and placement of stone base
shall all be in accordance with D.O.T. specifications. Minor, local and
subcollector streets shall have a 7-inch thick base course utilizing soil
type and compacted to 95% AAASHO T99.
C-8. —St eet Surfaces
The asphalt surface course shall meet D.O.T. specs for Type I-2
asphalt. At a minimum, the asphalt shall be placed in one 2-inch layer,
and shall be handled and placed in accordance with D.O.T. specifications.
A pavement design study shall be required before surfacing arterial and
marginal access streets.
C-9. Pavement Section Variations
Sections C-6, C-7, and C-8 set the standards that shall apply under
normal soils conditions. However, where soils are unusually unstable,
the public works director may allow or require the developer to have soil
tests run and a pavement design made by a qualified soils engineer. Under
these circumstances, the public works director may allow pavement sections
constructed to lesser standards than those set forth above (for good soils)
or require pavement sections constructed to greater standards than those
• set forth above (for unstable soils).
Appendix C - 2

• C-10. Street Cross Sections
Streets shall be constructed and utilities located in accordance with
Standard Drawing No. 6 or No. 7.
C-11. Curb and Gutter
(a) The concrete curb and gutter shall be constructed according to
the lines and grades established by the engineer. The concrete shall meet
the State Highway requirements. The curb and gutter shall be 24 inches
wide, and shall have a vertical curb face. The forms shall be of metal,
free of marks or kinks, and shall be rigidly held in position. The
engineer shall approve the positioning of the forms before concrete is
poured. The concrete shall be placed in the forms in a manner to prevent
segregation, and tamped or vibrated sufficiently to prevent honeycombs.
The concrete shall be finished smooth and even by means of rollers or
floats. Expansion joints shall be provided every 30 feet, and false joints
every 10 feet.
(b) Curb and gutter shall be constructed in accordance with Standard
Drawing No. 8.
C-12. Sidewalks
• Sidewalk construction shall be -similar to street construction, with
subgrade compacted to 95% AAASHO T99. Concrete sidewalks shall be 4 inches
thick (increasing to 6 inches thick at driveway entrances), and shall be
at least 4 feet wide. Expansion joints shall be provided every 30 feet;
false joints at 10 feet.
C-13. Wheel Chair Ramos
Where required, wheel chair ramps shall be constructed in accordance
with Standard Drawing No. 9.
C-14. Storm Water Runoff Control
(a) The minimum design frequency for storm runoff shall be 10 years
for storm sewer collection and 25 years for cross drainage (i.e., drainage
facilities crossing a street).
(b) All storm drainage pipe shall be reinforced concrete and no pipe
may be smaller than fifteen inch diameter.
(c) Culvert outlet protection and swale erosion protection shall
be designed based on a 10 year storm.
Appendix C - 3

(d) All storm drainage structures and pipes shall be designed and
• constructed in accordance with Department of Transportation specifications
and Standard Drawings No. 10 through No. 14, as amended. However, in case
of a conflict, the standard drawings shall prevail.
is
C-15. Sedimentation Control
Road shoulders, swales, back -of -curbs, and cut and fill banks shall
be completely dressed up by the contractor and seeded as soon as possible.
Appendix C - 4

• Standard Drawing No. 1
Recommended Street Connection
Sight Distance for .No -Stop Condition
1
,
SIGHT
TiIIANCIE
•
•
' �l
N.25'
NEW RESIDENTIAL
CO LE=R STREET
WW
III I----
Standard Drawing No. Z.
Recommended Street Connection
Sight Distance for Stop Condition
W
T
I J
t �
N
W
T
I $1=14DA" MAD
Appendix C-5

• Standard Drawing No. 3
Recommended Street Connection
Sight Distance for Stop Condition
I
1
is
Standard Drawing No. 4
Recommended Street Connection
Curb & Guner '
•
PRIMARY STATE ROAD
/ I
)ER
DER
Appendix C-6

10
Standard Drawing No. S I I
Recommended Street Connection ;VW AS AEOUTAEo '
No Curb Gurer
t I
I 2 0• �
t
1 I
I '
I SW TAPER
SIGHT �
TRUJVGL r
70' I
S S OP �,-
Standard Drawing No. 6
Residential Street
No Curb & Guner
f ..I
EX15i11YG SECONDARY ROAD �
I
67
ww
r r
E
PAVMENT
I I OULDER CIT'CH
POWER O G POWER
WATERUNE
NORTH OR WEST
r-r CDVER REa o
TERRAIN MAX. SLOPE
LEVEL 3:1
ROLLING 3:1
NILLT 3.1
O
SEWER LINE
SOUTH OR EAST
3' COVER REO'D
Appendix C-7
01
SLO%
C TE*=•SHONE UTItITy
(ONE SIDE ONLY)

Standard Drawing No. 7
• Residential Street
Curb & Gutter
RIGHTOF•wAY AS REQUIRED
AS REQUIRED
SIDEWALK 8 S'
AREA I SIDEWALK
AREA
SLOPE
i r 1 Y•7Fr
3• SLOPE
1 0 2• i I.7
WATERLINE 0
POWER O NORTH OR WEST 0 TELEPHONE UTII
2'-r MIN. COVER O (ONE SIDE ONLY)
POWER
'SEWER LINE
TERRAIN MAX, SLOPE SOUTH OR EAST
LEVEL 2:1 X MIN COVER
ROLLING 2:1
HILLY 114:1
Standard Drawing No. 8 /
• Standard Curb & Gutter
Concrete Drivewav & Gutter
NOR: TOP W F►R* wct rmwlPlan of Drivewav Entrance
�,M.•, for or LAauI AT ST*w
MER! watt es ovE+rr. w iy tlss tM•N r MII w m
MP op cvRa
+r
�' ... �s�'t K• RdfE
it I
Curb & Gutter
I �
1
I state %*Mr
= MO Pa coMc NOM.RF1MPp�O
.uR EKrRwMEp
LW-VALILNOTE:AC$s LAOI EXAw9pp MR EVIM Sir WO A
�0! O/JO
ryyyEywE
•r•�r
0 om
MrM. 1.S•R.
\ MMC •A•R.
• soeE PA conk I
' M+rORCiO rut EMTR�p
Traffic Island Curb
wimewr
!BAU
Appendix C-8

• Standard Drawing No. 9
Standard Wheel Chair Ramp
3-
! I I
i
I
i
f •
I
I
3-
Plan
Franc EIevation
I 3• I
3•
Top CURB
t — GUTTER
Section Thru Ramp
`•�' r i 2'-V I
:I
• •'� l q q . J T�-
Appendix C-9
0

CONCRETE
GUT IF"
P 1'
d,v t
U. 1 \ \
NOTE: PRECAST SLAB MAY BE
SUBSIItUIED FOR BRICKWORK
bI� -111.111r�11=
lVIPr
TZ
p /� 30M PSI CONCRETE ' . Ib
0
----------- ----------
s --
T2' �
pr
op'
NOW CAST IRON MAN1101E STEPS SHALL BE INSTAI.1 ED
IN AU CATCH BASINS OVER 4' WIN OFPTN. DEPTH SIIALL
BE MEASURED FROM THE TOP OF GUT TER TO
INVERT OF CAICII BASIN.
f TOP OF CURB -
I, SLOPE OF GUTIER (UPPER SIDE W-101
ILOWER SIDE 2ti-S'1
/ TIIIFT 7015
PIPE DIA.
rN � 3000 P51 CONCRETE �. • . ' �� � '
1 4' O AR IN TILE'
f EA. SIDE
rp
b p
0
D� r
COARSE
STONE

• Standard Drawing No. ll
Storm Water Manhole
•
M.N. RING & COVER
PLASTER!
:
rr�
CRICK
�i MASONRY
utiIrl• � O
SLOPE 6'.t2- !
�i 4•I f • � �I
�rFOR 0.12'MM
12' FOR OVER 12' MN
2000 PSI CONC
`• ter. . : .� "�i
30M PSI CONC
Appendix C-11

• ' Standard Drawing No. 12
Yard Inlet Cover
0
Standard Drawing No. 13
Yard Inlet
t .•a �
r . rr r
a •
b
10
TR1
•Z� r*r Bn= Atp
i EA. CORNER TWO
COWttEt HIGH
am Ps Comc
LSON*
Appendix C-12
&RAx
COW- Conn
su OUAL
3= PNCOW_
01
N
C
i

•
•
0
Standard Drawing No. 14
Sedimentation Control
SILT FENCE
PIT
;9 1 1
_ _ euRY 1 1
. I. 4. MIN. 1
TIE SILT FENCE INTO SIOES OF 0ITCH OR
NATURAL GRACE MIN, 1Ir ABOVE LOW POINT
OFFENCE
WO'CU.MACHE
\�
�
e
C
FENCE ANO SEDIMENT PIT a0R p71NT5 OF CONCENTRATED DRAINAGE
Q
Z Z 2 TIMES PIPE CIA.
W
Q v
` W
� N I
F.E&
C
RIP•RAP
Coo? cc
coo > I VARIABLE
e c 1
I
T`l"MCAL ENERGY DISSIPATER WIRIp.RAP
NOTE:
FLARED ENO PIPES GREATER THAN 36'
WILL REQUIRE CONC SLAB ANCIOR RIP -RAP
TO PROTECT BOTH ENOS OF PIPE
CLASS 1 RIRRAP it DEEP
FORM CHANNEL THUS
a• FILTER STONE BED
RIP•RAP PRCn EC "ON AT OUTLETS
FOR Pf"S ON MILD SLOPES
Appendix C-13

•
APPENDIX D
VEHICLE ACCOMMODATION AREA SURFACES
•

Appendix O
VEHICLE ACCOMMMATION AREA SURFACES
D-1. Paved Surfaces
Vehicle accommodation areas paved with asphalt shall be constructed
in the same manner as street surfaces (Appendix C, Sections C-6 through
C-9). If concrete is used as the paving material, vehicle accommodation
areas shall be similarly constructed except that six inches of concrete
shall be used instead of two inches of asphalt. The public works director
may allow other paving materials to be used so long as the equivalent level
of stability is achieved.
D-2. Unpaved Surfaces
Vehicle accommodation areas without paving shall be constructed in
the same manner as paved areas except that crushed stone of the following
types may be used in lieu of asphalt, concrete, or other paving material:
Size 13 Crushed Stone
Appendix D - 1

•
APPENDIX E
SCREENING AND TREES

APPENDIX E
SCREENING AND TREES
E-1 Guide for Protecting Existing Trees
Section 316 provides for the retention and protection of large trees
when land is developed. In order to better ensure the survival of existing
trees, the developer shall heed the following guidelines:
(a) Protect trees with fencing and armoring during the entire
construction period. The fences should enclose an area ten
feet square with the tree at the center.
(b) Do not excavate beneath the crown of the tree.
(c) Do not compact the soil around existing trees with any
equipment. Do not pile direct or store material or park
equipment beneath the crown of the tree.
(d) Keep fires or other sources of extreme heat well clear of
existing trees.
(e) Repair damaged roots and branches immediately. Exposed roots
should be covered with topsoil. Whenever roots are destroyed,
• a proportional amount of branches must be pruned so that the
tree doesn't transpire more water than it takes in. Injured
trees must be thoroughly watered during the ensuing growing
year.
(f) All existing trees which will be surrounded by paving should
be pruned to prevent dehydration. The method of pruning will
depend upon the tree species.
(g) No paving or other impermeable ground cover should be placed
within the dripline of large trees (12 inches or greater in
diameter) or within two-thirds of the distance from the trunk
to the dripline of any other size tree to be retained.
Appendix E - 1

E-2 Standards for Street and Parking lot Trees
• Trees planted in compliance with the requirements of Sections 315
and 317 should have most or all of the following qualities. The trees
recommended in Section E-10 represent the best combinations of these
characteristics.
(a) Hardiness:
(1) Resistance to extreme temperatures.
(2) Drought resistance.
(3) Resistance to storm damage.
(4) Resistance to air pollution.
(5) Ability to survive physical damage from human activity.
(b) Life Cycle:
(1) Moderate to rapid rate of growth.
(2) Long life.
(c) Foliage and Branching:
(1) Tendency to branch high above the ground.
(2) Wide spreading habit.
(3) Relatively dense foliage for maximum shading.
(d) Maintenance:
(1) Resistance to pests.
(2) Resistance to plant diseases.
(3) Little or no pruning requirements.
• (4) No significant litter problems.
Appendix E - 2

E-3 Formula for Calculating 20% Shading of Paved Vehicle Accommodation Areas
•
Following is an elementary formula for determining the number of
shade trees required in and around paved parking lots in order to
presumptively satisfy the shading requirements of Section 317.
[1] Calculate square footage of the vehicle accommodation area.
Include parking spaces, driveways, loading areas, sidewalks,
and other circulation areas. Do not include building area and
any area which will remain completely undeveloped:
(2] Multiply:
[3] Area to be shaded:
Add:
X .20
sa.ft.
soft.
(4] Areas shaded by existing trees to be
retained in and around the vehicle
accommodation area:* sq.ft.
[5] Area shaded by required screening
trees, if any:*
(6] Area shaded by required street
trees, if any:*
[7] Subtotal:
(If line [7] is greater than line (3], then the shading
requirement has been met. If not, go on to line [8].
sq.ft.
(8] Enter the difference between line [7]
and line [3]: sa.ft.
[9] Divide line [8]:
by 707
[10] Total number of shade trees required
within the vehicle accommodation area: trees
*Existing trees retained in compliance with Section 316 will be credited
according to their actual crown radius. Shaded area may be calculated as
follows: 3.14 X (crown radius)Z = shaded area. Trees planted within the vehicle
accommodation area are credited with shading 707 sq.ft. (Based on a crown radius
of 15 ft.). New or existing trees on the perimeter of the parking lot are
credited for having only half a crown over the vehicle accommodation area (e.g.,
new perimeter trees will be crediting for shading 354 sq. ft.). Generally all
trees planted in compliance with the screening requirements of Article XIX, Part
I and the street tree requirements of Section 315 will be considered perimeter
trees.
Appendix E - 3

•
•
E-4:
Typical Parking Lot Planting
Islands
.1pt:' _mil fi'
Appendix E - 4
�
�w 4Q,-- _
11' , l i' I � 1�

E-5 Guide for Planting and Maintaining Trees
• The trees recommended in Section E-10 have minimal maintenance
requirements. However, all trees must receive a certain degree of care,
especially during and immediately after planting. In -order to protect an
investment in new trees, the developer and his or her agents should follow
these guidelines when planting:
(a) Plant trees with a minimum caliper of two inches measured six
inches above the ground and a root ball no smaller than two feet
in diameter.
(b) The best times for planting are early spring and early fall.
Trees planted in the summer run the risk of dehydration.
(c) Plant all trees at least three- and- a -half feet from the end of
head -in parking spaces in order to prevent damage from car
overhangs.
(d) Dig the tree pit at least one foot wider than the root ball
and at least six inches deeper than the ball's vertical
dimension.
(e) Especially in areas where construction activity has compacted
the soil, the bottom of the pit should be scarified or loosened
with a pick ax or shovel.
• (f) After the pit is dug, observe sub -surface drainage conditions.
Where poor drainage exists, the tree pit should be dug at least
an additional twelve inches and the soil amended to allow roots
to grow properly.
(g) Backfill should include a proper mix of soil and fertilizer.
All roots must be completely covered. Backfill should be
thoroughly watered as it is placed around the roots.
(h) Immediately after it is planted, the tree should be supported
with stakes and guy wires to firmly hold it in place as its
root system begins to develop. Remove stakes and ties after
one year.
(i ) Spread at least three inches of mulch over the entire excavation
in order to retain moisture and keep down weeds. An additional
three-inch saucer of mulch should be provided to form a basin
around the trunk of the tree. This saucer helps catch and
retain moisture.
(j) The lower trunks of new trees should be wrapped with burlap or
paper to prevent evaporation and sun scald. The wrapping should
remain on the tree for at least a year.
Appendix E - 5

M Conscientious post -planting care, especially watering, pruning
• and fertilizing, is a must for street and parking lot trees.
Branches of new trees may be reduced by as much as a third to
prevent excessive evaporation.
For more detailed information regarding the planting and maintenance practices
for trees, refer to guidelines prepared by Harriet F. Phillips and entitled,
Planting, Pruning and Annual Maintenance Practices for Street and Park Trees
Appendix F.
•
n
LJ
Appendix E - 6

•
F.6:
Typical Opaque Screens
Type A
•
•
Small trees punted 30'
on center. See planting
list E-10(a).
1 6' high everareen
Screening ,
Shrubbery
Planted 4' on
center. See
planting list
c-10(el.
Appendix E - 7
Large trees
Planted 40' on
Center. See
planting list
E-10(ck
sigh redwood fence.
Tall evergreen
trees. stagger
Planted. with
branches
touching the
ground. See
Planting list
E-10(b).

E-7:
• Typical Sean -Opaque Screens
Type B
C
E--8:
Typical Broken Screens
Type C
•
Smell trees
plsmed 30' on
center. See
�j • • planting list
•. �Sv E-10(aL
3' high stone
wa1L
e Small trees clamed
'i 20-30' on center on top
of a berm. See planting
list E-10(aL
3' No seeded
esrth berth.
I
WIVE�s•�ifiti�st�fa
Large trees
Pi aned 40' on
t See
planting list
E-10(cL
3' high evergreen
hedge anrubbery
PI anted 3' on
series► See
planting list i
E-1011dL
Lame trees
planted 40' on
center. See
planting list
E-10(cL
sorted shrubbom See
inting list E-10(fL
Appendix E - 8

E-9 Guide for Planting Shrubs
• Shrubs planted for screening purposes should be given a proper culture
and sufficient room in which to grown. Shrubs should, at a minimum, be in three
gallon containers and a minimum of 30 inches in height. They should be planted
no more than 18 inches apart in a diamond or staggered pattern. Many of the
guidelines for tree planting listed in Section E-5 also apply to shrubs.
However, because specific requirements vary considerably between shrub trees,
this Appendix does not attempt to generalize the needs of all shrubs. For
detailed planting information or individual species, refer to: Landscape Plants
of the Southeast by R. Gordon Halfacre and Anne R. Shawcroft.
Appendix E - 9

E-10 Lists of Recommended Trees and Shrubs
• The following lists indicate plantings which will meet the screening
and shading requirements of Article XIX of the Land Development Ordinance. The
lists are by no means comprehensive and are intended merely -to suggest the types
of flora which would be appropriate for screening and shading purposes. Plants
were selected for inclusion on these lists according to four principal criteria:
general suitability for the coastal plain section of North Carolina, ease of
maintenance, tolerance of town conditions, and availability from area nurseries.
When selecting new plantings for a particular site, a developer should first
consider the types of plants which are thriving on or near that site.
Accordingly, native North Carolina species should often be favored. However,
if an introduced species has proven highly effective for screening or shading
in coastal plain towns, it too may be a proper selection.
is
Recommendations for suitable plants for buffering and parking lot
landscaping are contained in Appendix G and recommendations for street trees are
listed in Appendix H. Both sets of recommendations were prepared by Harriet F.
Phillips and are used extensively by the Edenton Tree Committee.
Appendix E - 10

•
APPENDIX F
PLANTING, PRUNING AND ANNUAL MAINTENANCE PRACTICES
FOR STREET AND PARK TREES

PLANTING, PRUNING AND ANNUAL, MAINTENANCE PRACTICES
FOR STREET AND PARK TREES
prepared by: Harriet F. Phillips, Ph.D.
• Herein are contained recommended practices to be followed in
the planting and pruning of Street and Park trees and those annual
maintenance practices that will contribute to the health and ap earanc
• of public plantings in the Town of Edenton, North Carolina. p e
I• Selection and Planting of Street and Park Trees
A. Time to Plant
Most hardy trees and shrubs can be moved successfully
in the fall or spring. The fall planting season
extends from the time the leaves begin to turn color until
after the leaves have fallen (October -November in Edenton).
The spring planting season begins when the soil warms up and is
dry enough to work and continues until
growth
and
April in Edenton). Fall planting has theadvantagesofMarch allowing
the root. system to grow in the late fall before to
begins the following spring. Planting can be done at Browth other
times, but the success rate may be lower due to the likelihood
of greater moisture stress.
B. Selection of Scecimens
1. What to Look for When Purchasing Plants
• Nursery -grown plants generally have better root and branch
structure and become established more quickly than trees
collected from fields or woods. The quality of plants selected
can be as important in determining their success in the
landscape as proper selection of species, an
maintenance. A young plant with structural defectsting may never
thrive and produce a suitable specimen. A healthy well -grown
nursery plant is a good investment.
The following factors should be considered when purchasing
trees and shrubs:
a) apparent health and vigor - live buds; no dried out wood;
if in leaf, normal color, density and size of leaves.
b) healthy root system - free of kinks or circling roots; if
in containers, sufficient root volume to anchor plant but not
Pot bound.
c) top -to -root ratio - moderate ratio of top growth to root
system. A small root system may not be able to support a large
top.
d) well -trained branch structure -
straight "runk
without support, evenly distributed branches t adiallynding and
vertically, branches set at wide angles to the trunk; for
shrubs - evenly distributed branches and symmetry of growth.
e) freedom from disease, insect pests or mechanical injury.
2. Size of Nursery Stock
• Large shade trees are measured in caliper determined at above the soil line for trees up to and including 4" 6n
diameter. Tree caliper is measured 12" above the soil line for
trees greater than 4" in diameter. Trees are classified by
size in one-fourth inch intervals up to 2" in diameter, one-

half inch intervals up to 4" in diameter, and 1" intervals over
4" in diameter.
For public plantings, trees with a minimum one and one-
fourth inch to one and one-half inch caliper are recommended.
• Trees of this size become established more quickly and are less
subject to vandalism and accidental breakage than smaller
plants. Trees over 4" caliper are not routinely recommended
• due to expense, need for heav e
care required, y quipment and extra long-term
Small trees are measured in height determined at one foot
intervals up to 6' in height, and two foot intervals over 61.
Plants of 6'-8, size are recommended.
Shrubs are measured in height or spread depending on their
growth habit. They are classified in groups with 3" increments
up to 18", and in 6" increments over 18"
Availability of various size in height or spread.
species and its in
intermediateepends s inthehrange
Of those available oisrecommended.
3. Types of Nursery Stock
Trees are handled "bare -root" (roots free of soil and
wrapped in moist packing material), "balled and burls
with a ball of soil, wrapped in burlap and tied), or(din
containers.
Dormant deciduous trees of less than 2" caliper may be
available "bare -root" for fall or early spring,planting. Some
kinds of small deciduous trees, most large trees, and
evergreens are moved "balled and burlapped" in the spring or
• fall. Many deciduous. and evergreen trees are shrubs are now
available at all times of the year in containers ranging from
one (1) gallon to ten (10)
gallons or more in size. Balled and
burlapped and container rowntend
transplanting shock than plants movedtbare-rootto suffer less
C. Planting Instructions
1. Preplant Care
If planting can not be done immediately after plants
are purchased, they must be kept cool and moist. Bare -root
plants should be heeled -in by digging a trench in a shaded
location large enough to accomodate the root system without
crowding. Lay the tree roots in the trench and mound moist
soil, wood shavings, or peat over the roots. Store balled
and burlapped plants in the shade and keep the root ball
moist. Take care not to break the root ball when moving
the plants. Container -grown plants should be kept shaded
and watered.
2. Preparing the Planting Hole
A properly dug planting hole is roomy with
• o
drainage. Holes need be no deeper than needed toallow tthe
plant s crown to sit an inch or so above the surrounding
soil level. For bare -root trees, make the hole wide enough
to accomodate the roots when they are spread out
naturally. For balled and burlapped and container plants,
dig the hole twice the diameter of the root ball or con-

tainer.
Loosen the soil on the -bottom and sides of the hole to
provide easier penetration of developing roots. The soil
• dug from the planting hole is satisfactory for backfilling
around the roots if it is a well- drained, average loam.
Heavy clay soil or very sandy soil may benefit from
thoroughly mixing organic matter (compost,. damp peat) with
the backf it l .
3. Planting Bare Root Plants
a) Soak root system in water about twelve hours.
b) Remove any broken or bruised.roots.
c). Mound and firm the soil in the center of the planting
hole to hold the crown of the plant up with the roots
spread out naturally at about a 6" depth.
d) Holding the trunk so the previous soil line is 1 - 2"
above finished ground level, gradually fill and tamp soil
around roots taking care not to break or bruise the roots
and to avoid air pockets.
4. Planting Balled and Burlapped Plants
a) Carefully set the ball in the planting hole without
cracking the ball of soil. The ball should sit about an
inch or two higher than the surrounding soil. Add backfill
under the ball to bring to correct height.,
b) Check that the ball is centered and the trunk aligned
• vertically.
c) Alternately backf ill and firm the soil halfway up the
ball.
d) Loosen the twine and burlap from around the top and
shoulder of the ball. Fold the burlap back into the hole
or cut it off.
e) Finish filling the hole making sure the burlap is well
buried.
5. Container Plants
a) Handle the plant by the container, not the trunk.
b) Carefully remove the container (cut it, if necessary).
c) Loosen the root ball by hand or slit with a knife to
provide good soil contact. If roots are matted around the
bottom and sides of the ball or circling the ball, remove
or straighten them. Removing as much as one-half of the
roots from the outer 1" of the ball should not harm the
plant.
d) Set the plant in the hole so that it sits an inch or
two higher than the surrounding soil.
e) Alternately fill and firm the soil around the root
ball.
6. Finishing the Job
• a) Shape the soil on top of the hole to form a broad
shallow saucer with the rim just inside the lip of the
original hole.
b) Fill the basin slowly with the water. water
thoroughly.
c) After the water has soaked in, reshape the basin to

make the base of the plant slightly higher than the bottom
of the basin. Unless the soil has washed off the top of
the root ball, do not add soil over the root ball to
• obtain the desired basin shape.
d) Place 2"-3" of mulch (wood chips, shredded bark, etc.)
over the basin and surrounding lip to reduce moisture
loss, moderate soil temperature, and reduce settling and
cracking of the soil.
e) Fertilizer at planting is not necessary or
recommended.
f) See directions for pruning "Newly Planted Trees", page
12.
g) Staking is not always needed to make a tree stand
upright, but trees in public planting areas need to be
staked to help them achieve good root anchorage and
protect them from vehicles, lawn mowers, animals and
vandals.
Drive two or three 2x2" stakes one and one-half feet
deep into the soil just clear of the planting hole. If
wind is not a problem, the stakes should be placed so as
to provide maximum protection from traffic and equipment.
In moderate to strong wind situations, an imaginary line
drawn through the support stakes should be at right angles
to the wind direction.
Wire covered with hose or tubing to protect the
trunk, elastic webbing, belting, or polyethelene tape can
be used for ties. Ties are located near the top of the
stake and a figure -eight loop is made between trunk and
• stake. The ties should not be within two and one-half
feet from the top of the tree in order to avoid
unnecessary stress on the trunk.
Coneet.vay to Plant a coateiner-gown tree. Source: Univ. of
Calif. Coop. F.u. Ser.
Remove Any Shoots
within 15cm (6 in.) of Soil
Plant Slightly Higher
Than Grown in Nursery Thin layer of Coarse .
Organic Matter
• Bare Soil or Shrub Water levee 5 to 10cm
Planting Area Water Basin (2 to 4 in.) in Diameter
• • ;•�', . \ ;•; ; �. Hole Twice Diameter
Fill with Original Soil. \ • • of Container
Addition of organic Mat- ' . ,.'. •� ; \\ e: �•• - , �:
ter May Be Advisable. ' • �' • •� 4
• •� • •; . • `, • Soil Ball Resting on Firm
. • . • �• Soil to Avoid Settling

J
.II. Annual Maintenance
• A. Newly Planted Trees (1st and 2nd growing season after
planting)
The first two years after planting are critical in the
• life of a tree. For street trees they are particularly
difficult years because of the often less than ideal site
conditions. it is better to plant a smaller number of trees
at one time with reasonable assurance of care for several
years thereafter, than to overplant and neglect them. The
following instructions pertain to trees but, with the
exception of stake and tie care, apply equally well to shrub
plantings.
Seasonal care includes a minimum of two visits to each
tree the first two growing seasons: one in March and one in
August.
First season: The following maintenance operations should be
performed at each visit:
1. Check condition of mulch.. Aerate (loosen) with pitchfolk
if tightly packed. Add new mulch to maintain 2 - 3" level.
2. Remove weeds and grass from mulched area. These compete
with the tree for water and increase the likelihood of mower
damage to tree.
3. Check stakes and ties. Keep taut.
4. Prune off any broken branches in proper manner
• (see "Where and How to Make a Pruning Cut", page 10).
S. Check health of plant including possible attack by insects
and disease. Seek advice of :extension agent for control
measures.
6. Water thoroughly, if needed. Deep watering is necessary
to avoid shallow root systems and unstable trees. Additional
watering should be done, once a week whenever rainfall levels
during the growing season are less than 1" per month.
Second season: Same operations as first year except:
1. Remove stakes and ties unless trunk and root anchorage
appear to be weak, in which case, leave stakes and ties one
more year. Removing all wire and tie material is especially
important to avoid its cutting into the bark and girdling the
trunk.
2. Fertilize the*tree just before new growth starts in the
spring. A fertilizer containing only nitrogen is sufficient
for most new trees. It can be applied to -the soil -surface in
readily soluble form (ammonium nitrate, ammonium sulfate) at
the rate of .10 - .25 lb-sq. yd. and watered in.
B. Established Plants
Plants in the ground three or more years are usually
considered " established". The following procedures for the
• maintenance of street and park plantings should be done each
year.

c
•
•
C.
•
✓ r��.ot r Ad
PO�4
1. Late Winter to Early Spring
a) Prune to train young plants for
proper
shape
structure. (See directions for "Newly plantedaandbranch Young
Trees", page 12) To avoid later
problemsfor
heavy equipment it is wise to correctstructuralndefects
early in the life of a plant.
b) Apply fertilizer, as needed, to growth and -or foliage color. Plants showing poor
restricted root zone areasdowntown g•Fertilize plants in
annually. (See following section onFertilization) Street)
c) Aerate and replenish -mulch in park'shrub borders.
d) Broad -leaf weed control for lawn areas in
e) Perform previously outlined spring maintenance for
newly planted trees.
2. Mid -Summer
a) Water plants weekly in areas of restricted root space
whenever rainfall is less than 1" per month. Water other
trees and shrubs if signs of wilting occur.
b) Use Poast or Fusilade with a non-ionic surfactant
(Enduce, Agri-Dex) for grass control in shrub borders and
for edging.
c) Check for insect and disease
extension agent for dia Problem. Ask county
measures, gnosis and recommended control
d) Prune hedges and shrubs to keep within bounds.
3. Late Summer '
a) Prune out dead, diseased and broken limbs according to
recommended procedures (See Page 10).
b) Remove excessive basal sucker
street trees to provide growth and limb up
distance. proper clearance and sight
4. All Seasons
After storms, cleanly prune stub ends of broken limbs
within the crown of the tree back to the next largest
branch.
Broken and torn stubs are prime decay entry
lead to major problems if not cleanlpoints and
of breakage. Y pruned at the time
Fertilization
The extent to which fertilizers are applied to
established plantings depends on the fertility of the soil in
which they are growing. If plants are making
good
have good foliage color, the soil is probably fert growth and
On plantings showing signs of malnutrition, fertilizer isoughbest
applied in the spring about the time buds are beginning to
grow. The results of a soil analysis can provide recommended
treatment and application rates for general fertilization and
micronutrients needs. The following
broad guidelines for application methos and o atesofor cvoarious
plantings.
1. Shrub Beds
A 5-10-5 fertilizer may be broadcast on the.beds at a
rate of 25 lbs/1000 sq. ft. Individual plants, depending
on size would receive 1 to 3 or 4 handfuls.
2. Trees

7
Several application methods are used, but some
require specialized equipment for injection of
fertilizer. More common methods include surface
• broadcasting and soil incorporation.
In non -lawn areas, surface application is the
easiest and most effective method for nitrogen and
micronutrient fertilizers. The' rate of application
depends on tree size. Apply fertilizer starting two and
one-half feet from the trunk to a distance extending 25-
30% beyond the spread of the branches.
For trees up to 3" in diameter:
5-10-5: 2 lbs/inch trunk diameter
10-6-4: 1 lb/inch trunk diameter
For trees over 3" in diameter:
5-10-5: 5 lb/inch trunk diameter
10-6-4: 3 lb/inch trunk diameter
If rate is indicated in excess of 20 lbs. of 5 10-5 or 10
lbs. of 10-6-4 in 100 square feet of surface area, divide
the fertilizer in two or -more portions and apply at 4-6'
week intervals. When roads and sidewalks cover much of
the surface area under the plant, the rate of application
should be reduced and the amount apportioned in several
smaller applications.
For plants in lawn areas, soil incorporation is a
more effective method of fertilizer application.
Fertilizer is placed in holes bored in the soil to more
directly place nutrients in the root zone area and avoid
over fertilization of the lawn.
• holes should be drilled with an auger or punched
with a soil corer to avoid soil compaction resulting from
merely pounding holes into the soil. Drill holes 10-12"
deep and 2-3' apart beginning away from the trunk to
avoid injury to the main support roots. Continue
drilling holes in a spiral pattern extending 25 - 30%
beyond the spread of the branches. Pour one (1) cup of
5-10-5 or one-half cup 10-6-4 in each hole. Fill holes
with water. After water drains, refill hole with good
topsoil.
Plants located in paved areas providing limited root
space and little surface soil area benefit from annual
fertilizer application. Micronutrient (eg. iron and
zinc) deficiencies may also be more common and require
special attention. Spring surface application at a
reduced rate is recommended for such plants.
Slow release fertilizers are available which release
small amounts of nutrients over 6 -18 months." These are
often expensive and no more effective than other methods,
but may be used for plants that are difficult to reach
for more regular fertilization.
III. General Pruning Principles
Successful pruning requires a knowledge of plant growth and
• development, growth habits of different kinds of plants and an
ability to mentally envision the future form of a given specimen.
It is not possible to provide an explanation of all the plant
physiology that underlies the pruning practices deliniated here,
nor provide directions for every situation that necessitates
pruning. The following are only general guidelines. Additional
references should be consulted for further information on handling

I
particular problems or plant species. Onlywith
training can the maximum aesthetic and functional b nefit and
be
acquired from plants.
• A. Purposes of Pruning
One must have a clear purpose in mind before an
• is done. This Y Pruning
the kind of cuts o be wmade.ilcValidtate threasonse time offor pruning
and
include: pruning
I. To Train Young Plants - The arrangement, attachment, and
size of scaffold branches (main structural branches) can be
controlled to produce vigorous. and mechanically strong
plants. The early removal of crowded, rubbing and crossing
branches will eliminate later problems.
advantage of the plant's natural Pruning should take
2. To Maintain Health and Appearance growth habit.
to remove dead, diseased and broken bran hes=.lg rust be done
may be thinned to allow for A dense top
wind resistance. Passage of light and to reduce
3. To. Control Plant Size - Control of plant height and
spread may be needed to reduce interference with utility
wires, views and traffic. Initial selection of plants with a
size and growth habit compatible with site conditions can
minimize such pruning, but existing Plantings may require
pruning to direct their growth in an appropriate manner.
4. For Safety - The safety of citizens and property must
always be considered. Trees or branches that through age,
• storm damage, old pruning wounds or disease become
sufficiently decayed internally to pose an imminent threat to
people or property must be removed promptly.
B. When to Prune
The correct time to prune depends on the type of plant,
its condition and the results desired. Some general rules
are as follows:
1. Light Pruning can be done anytime. Unwanted growth is
most easily removed when it is small.
2. Broken, dead, weak or hazardous branches should be
removed whenever they occur. It is often more easy to see
these problems during the growing season.
3. Young plants are best trained during the dormant season
from after leaf fall to before the
period rapid growth. Pruning at this time results inmorof rapid splint
development and wound healing. A few broadleaf evergreens
grow most rapidly after the weather warms up .in late spring
and pruning should be delayed until t .,-
4. Control of Plant Growth is best achiev� hen ning i
done soon after Pruning is
growth is complete for the season. Such
pruning should not be so severe or early to encourage new
shoot growth. In general, mid to late summer pruning results
in maximum growth reduction.
• 5. Trees and Shrubs with Desirable Fiowers should be pruned
according to the time the plant blooms.* Plants that bloom in
spring should be pruned near the end of their blooming
period. Plants that bloom in summer or fall should be pruned
in winter.
6. Research has shown that pruning wounds heal 20% more
Slowly when made in the fall. Fall is also the time most

q
•
•
decay fungi produce spores. Therefore, fall pruning is
discouraged.
C. Basic Pr'unin Methods
The type of pruning cut not only affects the initial
appearance of the branch or plant but .also determines
growth. The following pruning methods produce
different growth responses. quite
1. Heading back is cutting a one year old shoot back to a
bud ("tip pruning"), or cutting an -older branch back to a
stub or a much smaller lateral. Heading back a large branch
is often called "topping", "lopping" or
2).. "stubbing" (Figure
Fi9,irc ,Z.
Heading back is pruning to a stub (lower
branch), a small lateral (trunk), or a bud
(terminal on small lateral).
4
In response to tip pruning, new growth develops from one
or more buds just below the cut (Figure 3). The result is
denser branching.
Figure I
Heading a one.year•old shoot (left pair above)
wiU force two to four buds Just below
the cut Into vigorous upright growth.
Growth from a similar but unpruned shoot
will be more uniformly distributed along
the shoot and will be less vigorous
(right pair).
The response to topping or stubbing is a flush of shoots
growing from latent buds in the trunk. These shoots are
called watersprouts and are only weakly attached to the older

10
•
LJ
branch internally. These can break out easily as well as
increase wind resistance within the crown.
Tip pruning is acceptable in the training of young
trees. Topping or stubbing is prohibited by the Edenton Tree
Ordinance. (See later section for correct pruning of Mature
Trees.)
2. Thinning out is the removal of a lateral branch at its
point of origin or shortening a branch by cutting to a
lateral large enough to assume the terminal role (Figure 4).
Reducing the height of a tree or branch by cutting back to a
large lateral is called "drop-crotching". The lateral back
to which a branch is cut should have at least one-third the
diameter of the branch removed.
The growth response to thinning is distributed more
evenly throughout the plant than the response to heading.
The plant becomes more open and retains a more natural form.
Thinning is the more commonly used pruning method.
FIGURE 4
Thinning -out is removing a branch at its point of origin or shortening
a branch or trunk by cutting to a lateral large enough to assume the .This applies to mature (left) a well as young (right) trees. terminal role.
D. Where and How to Make a Pruning Cut
The location of the pruning cut in relation to branch
attachment determines the size of the wound, the rate of wound
healing and exposure to decay organisms. The closeness of the
cut also affects the amount of regrowth from the base of the
cut and the strength of attachment when a branch is thinned to
• a lateral.
Current research indicates pruning cuts should be made
close to, but beyond, the branch bark ridges and the collar at
the base of a branch. Branch bark ridges are areas, rings or
lines of bulging bark that may be rough and darker in color
than the surrounding bark (Figure s).

Ft9LLre S.
•
ND
C Rii'Z
This zone is a naturally strop
Phsical
Pruning just outside the branch barkridges isanot etheosameaas
a "flush" cut, which is made as close as
Possiblebase
of the branch. Flush cuts produce unnecessarilylargethwounds
and increase the likelihood of decay.
In removing small branches with hand shears or long -
handled lopping shears, make a close cut b just to the Outside of the branch bark ridgepofcthe limb toabe
removed (Figure 6). In heading back to a bud, a diagonal cut
is made about one-fourth inch above the bud.
be made above a bud that will The cut should
( grow in the desired direction
Figure 7).
4
Fgart 7• Pruning cuts at certain buds directs the
direction. The new shoot growth will follow t growth in a desired
Ire SO°ne Adapted from USDA Hort1e direction of the dotted
and Garden Bulletin 165.
F,�wY 6. When small branches ire removed. then should be art with
Pruning shun to obtain clesn-cut surfaces. The cutting blade is held close
to the main branch so thq a stub will am temain.
Limbs over 1" in diameter must usually be cut with a saw.
• Those over 2" should be cut in three steps to avoid splitting
and tearing the bark. The first cut should be made on the
underside of the branch, 1-2 feet from the crotch. Cut the
branch about one-fourth of the way through or until the saw
begins to bind. The second cut is made from the top within 1
-2 inches out from the first cut. The limb should break off.

1,4.
The .third cut is made just beyond the branch back ridge or
collar to remove the stub._ (Figure 8). If the stub is heavy,
it should be removed with two cuts instead of one, the first
• cut made from the underside.
Removing a large branch with a narrow crotch angle, is
similar to the above except the third cut should be made
upward at a 30 - 40 degree angle to the actual union of the
branch and trunk. The actual union is often much lower than
the apparent junction where they touch (Figure 9).
F,�IreB, LEVT: The wrong way to prune a large branch. A single cut close to'the
mmin stem may result in twring of the bark.
•
The concct wmy to prune a large branch. A preliminary undercut
is made at A; a second cut is
made at 8, to sever the main part of the branch.
The remaining stub is removed by cutting at C.
The use of pruning paints to cover the wound is of surface of the
doubtful
value.
"professional" People think it looks
but
current research indicates that no
dressing currently available in the
United States will prevent
decay or influence the rate of wound healing. In fact, some
indications
are that wound dressings can actually increase
decay when they crack with
age and allow water to accumulate
on the cut surface.
A correctly made, smooth pruning cut is the best
insurance against decay. It is
wise to prune branches as soon
as it becomes evident of their need for
removal. Smaller
wounds heal more rapidly. In order to make smooth cuts, tools
should be kept sharp
and when pruning sed or decaye
wood, tools should also be disinfected
edrubbing
with alcohol
before using them on healthy plants.
E. Pruning Trees of Different Ages
1. Newly Planted and Young Trees
•
At planting, prune only broken or rubbing branches.
other branches, however low on the trunic should not be removed
at this
time as they will provide nutrition to the plant
during the
critical first years of establishment. Do not
indiscriminately
prune back ends of branches or the main
trunk. Continue to
remove only broken branches and dead twigs
during the first two growing seasons.
The third year after planting, begin pruning to shape the

13
•
crown,of the plant. This process will continue over several
years. A young tree should be left with more branches than
will ultimately be wanted to provide for the greatest total
growth.
Start by removing or heading back those branches that are
clearly unwanted, such as those growing inward across the
crown or those with narrow angles of attachment to the trunk.
• (Figure 10) .
FIGURE q.
When removing a large branch
with a sharp branch attachment,
angle the third cut upward
toward the top of the actual union
of the branch with the trunk.
Although they touch,
the branch and trunk an not united
between the two arrows.
Fgt.t.re to_ Branches which have acute angles (It may split when
the
branch ataattea and becomes heavy (crmsr). Narrow angled branches
should be removed and wide angled branches Vtlhr) should be
encouraged.
s

•
•
0
Trees that form a central leader (eg. Ginkgo, Pines,
Holly) should be pruned to maintain a leader.
This be
achieved by heading back competing laterals (FigureaY11),
removing vigorous erect watersprouts (Figure 12), or removing
the leader if it has already been outgrown by a vigorous
lateral (Figure 13).
FIGURE I/. -
You an maintain a leader by heading back any laterals that may
compete with It (extreme It they us left); prune these lateralt fairly severely
temporary (left Center). The tree will grow than if It had not been pruned (extreme right). taller (right center)
FIGURE 1;..
occasionally a Young vigorous branch
(watersprout) will grow more upright
than the others and will compete
with the leader.
Unless the sector in which It grows
is devoid of limbs, the upright branch
should be removed (broken line).
FIGURE 1.3.
When a leader has been outgrown
by one or more laterals,
thin the leader back
to one of Its most vigorous
and upright laterals
which in turn
will become the leader.

l�
•
•
•
Trees along streets and sidewalks will need to have their
major scaffold limbs at least above head height, but until
trees have reached the desired height of the lowest scaffold,
some lower lateral branches are allowed to remain. Select
laterals of weak to moderate vigor spaced 4-12 inches apart to
remain as temporary branches to
protect
trunk- As the tree develops a sturdy trunk andntto nourish the
remove the temporary branches. P gradually
Eventually, the main permanent scaffold branches of a
tree must be selected. Depending on the plant's size and
growth rate, this process may take several years. when
selecting permanent limbs it is important to remember that the
Position of a limb on a trunk remains essentially the same
throughout the life of the tree. As the branch increases in
diameter, the distance to the ground actually decreases
(Figure 14).
Scaffold
to the trunk,
and should be
FIGURE 14
As a tree grows,
branches retain their position
on the trunk and at the same time
Increase in diameter,
becoming closer to the ground.
branches should have wide angles of attachment
should be vertically spaced 12 - 24 inches apart
evenly spaced all around the trunk (Figure 15).
Flan 1.'. Left: A young established shade tree before pruning. Righr.
the same tree with those branch" retained that will produce the scaffold
an brch" of the tree.

lG
Trees that do not naturally form a
instead have a vase -shaped habit or multiplentral trunksleader(eg. Elms,
Crepemyrtle) require care in selection of scaffold branches.
Vertical spacing is critical to avoid weak branch structure.
• 2. Mature Trees
Mature street tree plantings need to be evaluated for
clearance for vehicular and pedestrian traffic. Training
young
trees for suitable height of lowest branch may eliminate the
• need for later pruning; however, lower limbs may have be,Qlti.:
downward over time necessitating pruning to raise the crown
(also called crown lifting and heading -up).
aising the
crown, thin back to a more upright large lateral eorrremove the
limb entirely. Cutting back to a small upright lateral often
results in the need for further pruning as the branch evenually
loses vigor due to loss of photosynthetic foliage area and
shade from upper branches. Maintain a tree's s
pruning branches opposite those removed in raising the crown.by
Crown lifting may need to be done over several years to
avoid removing too much -foliage and thereby weakening the tree.
Removing too many lower limbs at once also decreases a tree's
stability. For a properly balanced tree, at least one-half of
the foliage should be on branches orginating in the lower two
thirds of the trunk.
Pruning may also be needed over time to correct branches
interfering with utility wires. Both trees and wires are
essential for the health and prosperity of the community.
Inexperienced topping results in complaints and unnecessary
• butchering of trees. Careful tree trimming can remedy the
problem and preserve the shape of trees. Directional
pruning
has the most lasting benefits. This method involves opening
paths for wires through trees by removing smaller branches.
The branches selected to remain are those growing away from the
wires.
Initial selection of plants with a mature size and shape
appropriate for the planting site will reduce the need .for
pruning of mature trees to control growth. Existing plants and
changing site conditions will still make crown reduction a
necessary pruning operation. Crown reduction is the thinning
of branches to reduce spread, height or to remove limbs jutting
out beyond the general outline of the tree. Size can be most
effectively maintained if crown reduction is begun as the plant
reaches maximum acceptable size.
difficult and the larger wounds harder tohealing will
be more
delayed. pruning is
Topping is often mistakenly done to reduce size. Topping
is cutting main branches back to stubs with little regard for
their location. Size reduction is correctly done by a thinning
process called "drop-crotching" (see page 10). This
practice
retains the natural shape of the tree, reduces regrowth of
watersprouts and minimizes the chance of decay- in the wound
(Figure 16).
Dense headed trees may benefit from crown thinning to open
• up the crown and allow better light penetration, more
productive growth and lessen wind resistance. Start from the
top and work down removing smaller, weaker, heavily shaded
inner branches. If a tree was poorly trained, cuts up to six
inch diameter may be needed to remove branches arising to close
together or at narrow angles.

•
C
.r
FIGURE h6.
You can reduce the height
and spread of a tree
and yet maintain its natural shape.
Branches thinned are outlined
by broken lines,
Stubs of limbs broken by storms and wind should be pruned
back to the next larger branch as a routine practice of storm
clean up (Figure 17). Such stubs are the major point of entry
for decay causing organisms. Their subsequent decay makes them
a hazard to persons and property.
Mature trees may also require routine removal of basal
sucker growth and vigorous watersprouts arising from earlier
pruning wounds.
Fib% C I ? „µW,W4 TO AUAJA oiuuas;

11
3. Aging Trees
Older trees will require periodic cleaning out to remove
• dead, dying or broken wood. Watersprouts arising from old
Pruning cuts should also be removed as close to their base as
Possible. Examine old pruning wounds for defects and signs of
decay.
Crown reduction may be called for where the branch system
seems inadequate for the height and weight carried, or the tree
as a whole is in declining health. Some kinds of trees, such
as Oak, Elm and Linden, will tolerate relatively severe
pruning, others, such as Maple, Sycamore and Ash, are less
tolerant. As previously stated, drop-crotching is the correct
procedure for crown reduction. Large pruning wounds on older
trees rarely heal and can be expected to show signs of decay in
the future.
Crown renewal or restorative pruning may be needed on
trees that were pruned improperly in earlier years. Crown
renewal is the practice of reshaping a tree that has .been
topped to restore a more natural form, improve health and give
it greater structural strength. A tree is probably worth
saving if the main scaffold branches and trunk are sound or can
be cut back to sound wood. A dead branch stub that has a
collar of live wood should be cut just at the outer edge of the
collar (Figure 18). Branches that have grown from topped
scaffold branches should be thinned until only 1-3 remain on
each scaffold. These remaining branches should be thinned back
to large, low laterals to reduce possible wind damage and
• encourage stronger attachment. Crown renewal is best done
during the growing season gradually over a 2-4 year period.
Restorative work on topped trees must be recognized as a stop
gap method and action should be taken to provide eventual
replacements for such plants.
171
141
0
FIGURE 18.
A de4d brjn4.1t %tub 111,t h,,,
of Ilve wuud •huuld be 4-ut lust 4 the
uutet' edge of the 1:ull+f.

I
References and Photo Credits
Brown, G.E. 1972. The Pruning of Trees, Shrubs and
Conifers. Faber & Faber, London.
• Harris, R.W. 1983. Arboriculture. Prentic
e -Hall, N.J.
• Hartmann, H.T., W.J. Flocker and A.M. Kofranek, 1981.
Plant Science: Growth, Development and Utilization of
Cultivated Plants. Prentice -Hall, N.J.
Pirone, P.P. 1972. Tree Maintenance. Oxford
University Press, N.Y.
•
0

•
APPENDIX G
PLANTS FOR BUFFER AND PARKING LOT LANDSCAPING
:7
0

P',ANTS FOR BUFFER AND PARKING LOT LANDSCAPING
• PREPARED BY: DEE PHILLIPS
SEPTEMBER, 1988
The following plants, grouped by size, are suitable for use
in northeastern North Carolina. The list is meant to provide
suggestions for devel)pers and is by no means inclusive.
Effective use of these plants can be obtained only with
attEntion to their specific cultural requirements.
A :'urther list of shade trees for use in parking areas and
selected references on landscape plants is included in a
separate handout entitled "Street Trees Approved for Use".
•
0

•
GROONDCOVERS
Aiuca reptans , Carpet Bugle
Cotoneaster dammeri , Bearberry Cotoneaster
Cotoneaster aster salicifolius , 'Scarlet Leader', Scarlet Leader
Cotone
Euonvmus L0rtunei 'Coloratus', Wintercreeper
Hedera helix , English Ivy
Hvnericum calvcinum , St John's Wort
Juniperus chinesis 'Sea Spray', Sea Spray Juniper
Juniperus conferta Blue Pacific', Blue Pacific Juniper
Juniperus conferta 'Emerald Sea', Emerald Sea Juniper
Juniperus horizontalis 'Bar Harbor', Bar Harbor Juniper
Juniperus horizontalis 'Blue Chip', Blue Chip Juniper
• Juniperus horizontalis 'Wiltonii', Blue Rug Juniper
Liriope spicata , Lilyturf
Liriope s icata 'Variegata', Variegated Creeping Liriope
Festuca ova 'Glauca'
Blue Fescue
Ophiopocon janonicus , Mondo Grass
'Vinca minor , Periwinkle
t.
0
C

GROUNDCOVERS
• Aiuca reptans
Carpet Bugle
Cotoneaster !ammeri , Bearberry Cotoneaster
Cotoneaster salicifolius , Cotoneaster 'Scarlet Leader', Scarlet Leader
Euonimus fortunei 'Coloratus', Wintercreeper
Hedera helix , English Ivy
Hypericum calvcinum , St John's Wort
Juniperus chinesis 'Sea Spray', Sea Spray Juniper
Juninerus conferta ' Blue Pacific', Blue Pacific Juniper
Juniperus conferta 'Emerald Sea', Emerald Sea Juniper
Juninerus horizontalis 'Bar Harbor', Bar Harbor Juniper
Ju_us horizontalis 'Blue Chip', Blue Chip Juniper
Ju_us horizontalis 'Wiltonii', Blue Rug Juniper
• Liriope spi.cata , Lilyturf
Liriope spicata 'Variegata', Variegated Creeping Liriope
Festuca o_ a 'Glauca', Blue Fescue
Ophiopoaon iamonicus , Mondo Grass
v_ minor_ , Periwinkle
0
0

SHRUBS TO 3'
• Abelia x *grandiflora 'Sherwoodie', Dwarf Abelia
Aspidistra elotior , Cast-iron Plant
Cotoneaster salicifolius 'Autumn Fire', Autumn Fire
Cotoneaster
Euonvmus ianonica 'Microphylla', Box -leaf Euonymus
Ilex crenata 'Helleri', Heller Holly
Ilex crenata
Repandens , Repandens Holly
Ilex vometoria 'Schilling's Dwarf, Schilling's Holly
Janioerus conferta , Shore Juniper
Janioerius saraentii , Sargent Juniper
Liriooe muscari 'Big Blue', Big Blue Lilyturf
Nandina domestica 'Nana' Dwarf Nandina
Nandina domestica 'Harbour Dwarf', Harbour Dwarf Nandina
• Pittosporum tobira 'Wheeler's Dwarf', Dwarf Pittosporum
Rhododendron 'Gumpo', Gumpo Azaleas
Soiraea x tumalda , Bumald Spirea
'Yucca filamentosa , Beargrass
•

SHRUBS 3'-51-
• Abelia x arandiflora , Glossy Abelia
Clethra alnifolia , Summersweet
Cvtisus sco�arius , Scotch Broom
Diervilla sessilifolia , Southern Bush honeysuckle
Hydrangea macror)hvlla , Bigleaf Hydrangea
Hvdrangea auFrcifolia , Oakleaf Hydrangea
Ilex crenata 'Burfordi Nana', Dwarf Burford Holly
Ilex ------------
cornuta 'Carissa', Carissa Holly
Ilex cornuta 'Rotunda', Dwarf Chinese Holly
Ilex crenata 'Compacts', Compact Japanese Holly
Ilex Qlabra 'Compacta', Compact Inkberry
Ilex verticillata 'Nana', Dwarf Winterberry
Ilex vomitoria 'Nana', Dwarf Yaupon /
• Kerria ianonica , Japanese Kerria
Ligustrum jaAonicum 'Coriaceum', Dwarf Japanese Privet or
Curlyleaf Privet
Prunus laurocerasus 'Otto Luyken', Dwarf Cherry Laurel
Prunus laurocerasus 'Schi.pkaensis', Shipka Cherry Laurel
Ranhioleois indica , India Hawthorn (eg. 'Clara', 'Janis',
'Pinkie', 'Snow White')
Rhododendron Glenn Dale Hybrids (eg. 'Fashion', 'Glacier')
Rhododendron obtusum , Kurum Azalea ( eg. 'Coral Bells',
'Nino Crimson')
Rhus aromatica , Fragrant Sumac
Spiraea nip)onica 'Snowmound
', Snowmound Spires
WeiQela florida , Weigela
C:

SHRUBS 5' TO S'
• Aucuba iaponica , Japanese Aucuba
Aucuba Japonica 'Variegata', Gold Dust Plant
Buddieia davidii , Butterfly Bush
Calvcanthus floridus , Carolina Allspice
Cortaderia sellowana , Pampas Grass
Forsythia intermedia , Border Forsythia
Ilex verticillata , Winterberry
Juniperus chinensis 'Pfitzerana', Pfitzer Juniper
Nandina domestica , Heavenly,Bamboo
Pyracantha coccinea 'Navaho', Navaho Firethorn
Rhododendron indica , Indica Azalea
Taber', 'Mrs. G. G. Gerbin deg• 'Formosa', George
Charm' g'� 'Pride of Mobile', Southern
Spiraea vanhouttei , Vanhoutte Spirea /
• Viburnum tinus , Laurustinus
Yucca gloriosa , Spanish Dagger
Yucca recurvifolia , Soft-spined Yucca
0
0

SHRUBS 8' TO 12'
AcanthoDanax sieboldianus , Five -leaf Aralia
• Buxus semoervirens , American
Boxwood
Buxus microahvlla var. laponicus , Japanese Boxwood.
Camellia Japonica , Japanese Camellia
Clevera Japonica, Japanese Cleyera
Cvtisus x praecox , Warminster Broom
Euonvmus kiautschovicus 'Manhattan', Spreading Euonymus
Hibiscus svriacus , Rose of Sharon
Ilex crenata 'Convexa', Blisterleaf Holly
Illicium narviflorum , Anise -tree
Junioerus chinensis 'Hetzii', Hetz Juniper
Licustrum iaDonicum , Japanese Privet
Osmanthus heterophvllus , Holly Osmanthus
• Pvracantha coccinea 'Mohave', Mohave Firethorn
Raphiolepis umbellata , Yeddo Hawthorn
Beauty', 'Springtime') (eg. 'Majestic
Viburnum iaponicum , Japanese Viburnum
0
0

SHRUBS 12' OR MORE
• Eleagnus ouncens , Thorny Eleagnus
Eleagnus umbellata , Autumn Eleagnus
Ilex cornuta 'Burfordii', Burford Holly
Liaustrum lucidum , Wax -leaf Ligustrum
Mvrica cerifera , Wax Myrtle
Osmanthus xfortunei , Fortune's Osmanthus
Photinia x fraseri , Red -tip
PittosDorum tobira Japanese Pittsporum
Podocarnus macroDhyllus var,. maki , Podocarpus
Prunus laurocerasus , English Cherry Laurel
Pvracantha coccinea 'Teton', Teton Firethorn
Platvcladus orientalis , Oriental Arborvitae
•
0

SMALL TREES 10'-20'
• Aesculus oavia , Red Buckeye
Amelanchier arborea , Juneberry
Chionanthus vir inicus , Fringetree
Cotinus cocavgria , Smoketree
Ilex attenuata 'Nellie R. Stevens', Nellie Stevens Hol
ly
Magnolia stellata , Star Magnolia
Vitex agnus-castes , Chastetree
MEDIUM TREES 20 ' - 35'
Acer oalmatum , Japanese MaP1e
Albizia iulibrissin , Mimosa
Crataecus Piaenonvrum , Washington Thorn
Ilex onaca , American Holly
I= x attenuata 'Foster 021, Foster Holly
• I= 'Savannah', Savannah Holly
Ilex vomitoria , Yaupon
Roelreuteria oaniculata , Golden Raintree
Mao_ nolia x soulanaiana , Saucer Magnolia
Pinus thunberciana , Japanese Black Pine
Prunus caroliniana , Carolina Cherry Laurel
Viburnum plicatum var. t_o entosum , Doublefiie Viburnum
LARGE TREES 40' OR MORE
Betula niQra , River Birch
Cedrus atlantica , Blue Atlas Cedar
Cedrus deodora , Deodar Cedar
CUMressocvprus levlandii , Leyland Cypress
• Pinus elliottii , Slash Pine
Pinus taeda , Loblolly Pine

r�
u
APPENDIX H
STREET TREES APPROVED FOR USE
CJ

STREET TREES APPROVED FOR USE
• Botanical name, common name, and occasional des
critive
comments are given for each plant. Cultivars are specified
where appropriate to distinguish superior selections of a
species. In some cases, use is restricted only to specified
cultivars.
1. Small Trees - less than 30' tall at maturity
Acer saccharum subsp. leucoderme, Chalkbark Maple,
25' - 30'
Cercis canadensis, Redbud, 20'-30'
Cornus florida, Flowering Dogwood, 20'-30' - the best
plants are from regional seed sources, needs to be
well watered
Cornus kousa var. chinensis, Chinese Dogwood, 20'
Eriobotrva .aponica, Loquat, 20'-30'
HeDtacodium iasminoides, Chinese Jasmine Tree
Ilex x attenuata 'Fosteri', Foster Holly, 20'-30'
Ilex 'Savannah', Savannah Holly, 25'-30'
Laaerstroemia indica, Crepemyrtle
There are many cultivars available but the following
are recommended because of their tolerance or resis-
tance to powdery mildew:
'Apalachee', 15'-201, light lavender. flowers
• 'Biloxi', 20'-301, pale pink flowers
'Comanche', 15'-20', coral pink flowers
'Lipan', 15'-201, medium lavender flowers
" Miami', 20'-301, dark pink flowers
'Muskogee', 20'-301, light lavender flowers
'Natchez', 20'-301, white flowers
'Osage', 15'-201, clear pink flowers
'Sioux', 15'-201, dark pink flowers
'Tuscarora', 20'.-301, coral pink flowers
'Tuskegee', 20'-301, dark pink to near red flowers
'Wichita', 20'-301, light magenta flowers
'Yuma', 15'-201, medium lavender flowers
Malus floribunda, Japanese Flowering Crapapple, 301,
white flowers
Malus sieboldii var. z__ 201, white flowers,
.pyramidal tree
Ma= only cultivars with disease resistance -and
upright growth habit such as the following:
'Adams', pink flowers
'Baskatong', light purplish red flowers
'Beauty', narrow columnar habit, pinkish flowers
'Callaway', white flowers
'Centurion', columnar habit, rose -red flowers
'Evelyn', erect habit, rose -red flowers
'Harvest Gold', upright, white flowers
'Henningi', white flowers
• 'Marshall Oyama', narrowly upright habit, white
flowers
'Narragansett', white flowers
'Professor Sprenger', white flowers
'Robinson', deep pink flowers
Mvrica cerifera, Waxmyrtle, 201, train to tree form

Parrotia persica, Persian Parrotia
• Pyrus calleryana 'Capital', Capital Callery Pear,
narrow, columnar habit
Pvrus callervana 'Whitehouse', Whitehouse Callery Pear,
columnar -pyramidal habit, 20'-25'
Quercus mvrsinifolia, Chinese Evergreen Oak, 30'
2. Medium Trees - 30'-50' tall at maturity
Acer barbatum, Southern Sugar Maple
Acer bueraeranum, Trident Maple, 30'-40'
Acer canroestre, Hedge Maple, 30'-40'
spread , needs room to
Acer truncatum, Shantung Maple, 40'-50,
Castanea mollissima, Chinese Chestnut, 40'-50'
Cercidiphvllum japonicum, Katsura Tree 40'-50+'
Gleditsia triacanthos 'Moraine', Moraine Honeylocust,
40'-50'
Ilex onaca, American Holly, 40'-50,
Malus 'Rousseau', Rousseau Crabapple, purple flowers
Ostrya vir iniana, Hop Hornbeam, 30'-40'
Pistacia chinensis, Chinese Pistache, 30'-35'
Prunus caroliniana, Carolina Cherry Laurel, 25'-40'
Prunus serrulata 'Kwanzan', Kwanzan Cherry, 40' grown
on own roots, not grafted
Pvrus callervana, Callery Pear
'Bradford' is the best known cultivar, but has poor
• branch structure and tends to break with age. The
following cultivars are superior:
,'Aristocrat', broadly pyramidal habit
'Chanticleer', upright -narrow habit, narrow than
'Bradford'
'Faurieri', pyramidal habit, 30'-401, tolerant
Of urban soils
'Redspire' , pyramidal habit
Quercus acuta, Japanese Oak, 40'
Ulmus parvifolia, Lacebark Elm
Better cultivars include:
'Drake'
'Sempervirens'
'True Green'
3. Larce Trees - over 50' tall at maturity
Acer olatanoides 'Summershade', Summershade Norway
Maple
Acer rubrum, Red Maple, needs adequate moisture, trees
from seed collected in local region do best
Acer saccharum, Sugar Maple, 60'-75'
Cultivars include:
'Bonfire'
'Green Mountain' - head and drought -tolerant
• 'Sweet Shadow'
Celtis laeviaata, Sugar Hackberry
Fraxinus nennsvlanica, Green Ash
Superior cultivars include:
'Honeyshade'
'Marshall's Seedless'

Ginkao biloba, Maidenhair Tree, 50'-80'
Male plants only, seed grown plants prohibited,
known male cultivars include:
• 'Autumn Gold'
'Lakeview'
'Mayfield'
'Palo Alto'
'Princeton Sentry' (narrow -upright habit)
'Santa Cruz'
Gleditsia triacanthos 'Green Glory', Green Glory
Honeylocust
Gleditsia triacanthos 'Shademaster', Shademaster Honey -
locust
Platanus x acerifolia 'Bloodgood', Bloodgood Planetree,
7011 tolerant of heat, drought, and soil compaction
Quercus coccinea, Scarlet Oak
Quercus imbricaria, Shingle Oak, 50'-60,
Quercus phellos, Willow Oak, 40'-60,
Quercus laurifolia, Laurel Oak, 40'-60'
Quercus laurifolia 'Darlington', Darlington Oak,
more compact,than the species
Quercus niara, Water Oak, 60'-80'
Quereus prinus, Chestnut Oak
Quercus rubra, Red Oak, 60'-75'
uercus virainiana, Live Oak, limb up early, 40'-80,
Tilia cordata, Littleleaf Linden, 50'-60'
Superior cultivars include:
'Chancellor'
• 'Greenspire'
'June Bride'
'Rancho'
Til'ia tomentosa, Silver Linden, 50'-60,
Zelkova serrata, Japanese Zelkova, 50'-80'
Superior cultivars include:
'Parkview'
'Village Green'
TREES PROHIBITED FROM -STREET TREE USE
All are weak -wooded and subject to major storm damage.
Acer saccharinum, Silver Maple.
Acer neaundo, Box Elder
Melia azedarach, Chinaberry
Morus albs, Mulberry
Populus spp., all Poplars
Sa= sPp., all Willows
Ulmus Dumila, Dwarf Asiatic Elm
REFERENCES ON TREES
Batson, W.T. 1984. Landscape Plants for the Southeast.
Dirr, M.A. 1975. Manual of Woody Landscape Plants.
Halfacre, R.G. & A.R. Shawcroft. 1979. Landscape
• Plants of the Southeast.
Hudak, J. 1980. Trees for Every Purpose.
Odenwald, N.G. & J.R. Turner. Identification, Selection
and Use of Southern Plants for Landscape Design.
Wyman, D. 1965. Trees for American Gardens.

•
APPENDIX I
GRAPHICS ILLUSTRATING MAJOR BUFFERING AND
LANDSCAPING REQUIREMENTS
•

.•
1�1
TYPICAL SCREENING SITUATION
ARTICLE XIX
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SUBDIVISION
SECTION
BUFFBRYARDS
311
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• SECTION 313
•
VE4ETA710t I MUzT- 015s-rZUL-r AT LSA,
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11

•
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PROTECTION OF TREES and VEGETATION
FROM VEHICLE OVERHANG
• SECTION
31 T(d)
7?�`5 Anlo VE�ETATior l Mdt;T
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•
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DUMPSTER SCREENING.
SECTION 250
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