Zoning Ordinance-1980

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ZONING ORDINANCE FOR THE TOWN
OF HERTFORD, NORTH CAROLINA
Prepared For
THE CITIZENS OF TIM TOWN OF HERTFORD
TOWN OF HERTFORD BOARD OF COU4ISSIONERS
IV. D. Cox, Mayor
John G. Beers
Billy L. Winslow
'~ T. Erie }taste, Jr.
Jesse L. Harris
MAY 19, 1980
TECINICAL ASSISTANCE
North Carolina Department of Natural Resources
and Comiiiunity Development
Division of Comnunity Assistance
Keith Painter, Project Planner
Juanita Tripp, Secretary
Mike Yount, Draftsman

TABLE OF ;CONTENTS
PAGE
ARTICLE'
.I. ENAC AUNT; :,SHORT, TITLE, JURISDICTION, PURPOSE
Section
1-1."-EnactmenvPreamble"
.'
1
Section
1-2
Short`Title ..
Section
1-3
Jurisdiction, ..
'1'
"'Section
1-4
"Purpose
1.
.ARTICLE.II. ESTABLIS}-H�M'OF DISTRICTS. ;
Section
'-1
Zoning Districts
3
Section
2-2
Official Zoning'Map•
4
.Section
2-3*;
Zoning Map Changes
5
-Section-2-4
"_Replacement
of Official, Zoning Map .'
"5
."-Sect"ion
2-5
Responsibility for .Maintenance othe Official f
Zoning Map •.
6
Section
2-6'
District Boundaries
6
Section
'2= 7
Rules Governing Boundaries'.:' .-` . ". . . ' .
6
Section<2-8
Use Regulation ." . .
7
ARTICLE
III. GENERAL PROVISIONS
Section
3-1
Territorial Limits' :.:.
18
-Section
3-"'."`Application
. •
18
.Section
3-3`:
One Principal�Use.Per''Lot "
19
Section-3-4
'Reduction of"Yard'and Lot;Areas'�Prohibited
19
"Section
3-5`
of Accessory'Uses or'Buildings
19
Section
_'Location
3=6
1ots.with Multiple Frontages
19
Section
3-7
Street Access . '. . " .< . ` .
20
Section
3-8
Visibility at"Intersections .".'.
20
-;Section
3.9
Required."Buffers
20.
Section
`3.10
Walls - and Fences . " .'
20
Section
3-11
Exceptions'to Height Regulations'.
21
_Section"3-12
No Structures in Public Right -of -Way . . .:'.
21
Section
3-13
Land Covenants
21'
Section
3-14
Uses Prohibited• .' . ;. ".. :, ", ,.
21
Section
3=15.
-.Home Occupations, . ... "..' .... ..•
21
Section
3-1:6
' Lot of Record
22 ,
Section.
3-17:
Variation of:Yard �R&quirements.
23
Section
3-18
Junk Yards Prohibited'in.Residential Zones:.
23
A HCLE
IV. CONDITIONAL. USES--. `
Section
4-1.
General `.
24
Section
4-2
Specified�Conditions
24
Section
4;-3`"
Revocation of Permits .. .
28

PAGE,
ARTICLE
V. OFF-STREET.PARKING'ANDD`LOADING REQUIREMENTS
Section
5=1
-Off-Street Parking Requirements ..: .
29
Section
5-2
Off. -Street Loading .:
30
ARTICLE
VI. NONCONFORMING USES OF. -LOTS, LAND AND% STRUCTURES!
Section
6-1
General
32
.Section
6-2 1
Nonconforming Lots.
32
... Section
6= 3
Nonconforming. Uses: of Land' ...
33
Section
:6-4'
Nonconforming Structures
34
ARTICLE
VII. SIGNS"
. Section?-1
General Provisions ., .:..
35
.'Section-7-2
Administration, Filing Procedure, and Permits ....
36
Section
7-3
Signs Exempt from Permitting .-
37
Section.7-.4
Exceptions'to Regulations Gove.r ng,the
Proj ecti6n of Signs .
38
Section
7-5
Density and Setback Requrements -for Signs.:
Requiring Perniits . .
,...
38
Section
7-6
Specific District Requirements for Signs
_
or Billboards .:. ; , .,
•39
ARTICLE
VIM. ADMINISTRATION AND ENFORCEMENT
Section'8-1.
Administration and Enforcement
41
Section
8-2:
Required Permits
Al
`•` Section.8-3
General Provisions .- ....
42
Section
8-4
Duties of Building Inspector, Board, of Adjustment,
Courts and Town Commissioners'as to Matters
of.Appeal . . . . _
'43
ARTICLE
-IX. AMENDMENTS
`Section
9-1
Action by the Applicant
44
Section
9-2`
Action by the Planning'Board�
44-
Section
9-3
Action by the Town Commissioners . . . . .
45.
ARTICLE
X. BOARD OF ADJUSIMENT
Section
10-1
Creating the Zoning Board of Adjustment
47
Section
10-2
Powers and Duties . : _, . . .:...
48
Section
10-3
Filing and Notice for an Appeal , , , , , .
49
Section.10.
Appeal from the Zoning Board of Adjustment
49

. _
PAGE .
ARTICLE
XI. DEFINITIONS
Section
11-1
General Provisions . . . . . . .
:50
Section
11-2
Tense and Number . . . . . .
50
Section
11-3
Word Interpretation
so
Section
11-4
Definitions . . , . . . . . . . . .
51
ARTICLE'•
XII. .LEGAL PROVISIONS
Section
12-1
Provisions of Ordinance Declared to be 'Minimum
Requirements . ..
61
Section
12-2
Complaints Regarding Violations . . . . . . . .
61
Section
12-3
Penalties for Violation . . . . .
61
Section
12-4
Compliance with State Guidelines for Areas of.
Environmental Conceni . . . . .
62
Section
12-5
Separability Clause . . . . . .
62
Section
i2-6
Effective Date . . . . . . . . . . .
62

ARTICLE I
ENACTMENT, SHORTTITLE, PURPOSE
Section 1-1 Enactment Preamble
AN ORDINANCE ESTABLISHING COMPREHENSIVE=ZONING REGULATIONS
TOWN OF I�I2TFORD, A MUNICIPAL CORPORATION OF THE STATE FOR THE
OF NORTH CAROLINA) AND ITS EXTRATERRITORIAL JURISDICTION, AND
PROVIDING FOR T1EE ADMINISTRATION, ENFORCEMENT,..AND AMENDMENT'
1'1(lil{Ii0I, IV ACCO12Dt1NCli WITH T11L PROVISIONS OF THE NORTH CAROLINA
GENIIUL 51'AlUTES, CHAPTER 160A, ARTICLE .19, AND FOR THE REPEAL
OF ALL ORDINANCES IN CONFLICT IfEREWITH-1
THEREFORE, BE IT AND THE SAME IS HEREBY ENACTED BY THE
PEOPLE OF THE TOWN OF HERTFORD, NORTH CAROLINA:
Section 1-2 Short Title
These regulations shall be known, referred to, and cited
- as the "Zoning Ordinance for the Town of Hertford, North Carolina.''
Section 1-3 Jurisdiction
The provisions of this'ordinance shall apply within the cor
`'porate limits of the Town'of Hertfor& and within the extraterritorial
jurisdiction established by ordinance, as provided under G.S. 160A-360,1
said jurisdiction being delineated on.the map; entitled, "Official
Zoning Map, Town of Hertford." Such'map,shall be attested to, and
bear the mark of the town clerk.
Section 1-4 Purpose
The purpose of these regulations shall be to accomplish a
coordinated, balanced, and harmonious development of the land within..,'
the corporate limits of the Town of Hertford'and in the extraterritorial
area, in a manner which will best promote the health, safety, morals,
convenience, order, prosperity and general welfare of the people, as
well as to provide for efficiency and economy in the process of.develop
to make adequate provisions for traffic; -to secure safety from fire,
panic, and other hazards; to provide for light.and air;.to prevent the.
overcrowding of land; to avoid undue concentration of population; to

ARTICLE II
ESTABLISHMENT OF.DISTRICTS
Section 2-1 Zoning Districts
For the purpose of this ordinance, the Town of Hertford,
North Carolina and its extraterritorial area.is hereby divided
'into the following zoning districts:
2-1.1 RA, Residential Agricultural - The purpose of this
district is to create an area in which residential
and agricultural uses can be compatibly mixed where
water and sewer are not available or where development
of low density is desired. Single family residences and
agricultural uses are allowed with a minimum lot area of
20,000 square feet.
2-1.2 R10, Single Family Residential - The purpose of this
= district is to maintain a minimum lot size of ten thousand`
(10,000) square feet and to allow for single family
dwellings and other such uses.which would not be detri-
4 mental in protecting the property value and the established
character of this district from the depreciating effects
of more intensive uses.
2-1.3 R-8, Residential District - The purpose of this district
is to provide for a compatible mixture of single-family,
two-family, and multi -family dwellings on lots with a
minimum area of eight thousand (8,000) square feet in
neighborhoods of medium density while using adequate con-
trols to insure such development will not be detrimental
to the neighborhood environment.
2-1.4 R-6, Residential District - The purpose of this district
is to provide for a compatible mixture of single-family,'
two-faiiuly, and multi -family dwellings (including mobile
homes) on lots with a minimum area of six thousand (6000)
square feet in neighborhoods of characteristically high
density while.using adequate controls to regulate open space
and layout to insure enhanced neighborhood character and
livability.
2-1.5 TR, Transitional Residential District - The purpose of
this district is to provide fora`compatible mixture of
residential. uses and such other uses as would be'com-
patible in areas where transitional residential use is
` changing to more intensive uses, and where such areas may ;
logically be expected to become less rather than more
residentially oriented.

2-1.6• 0/I, Office, Institutional District.- The purpose.of this
district is to provide for facilities to house general
offices an institutions requiring extensive space for.
parking and expansion in an area highly accessible and
visible to those demanding their services
2-1.7 Cl Commercial, -Core Area - The purpose of this district
is to provide for, enhance and protect the shopping and
office facilities, and focal nature characteristically
associated with the central business district.
2-1.8 C2, Commercial, General - The purpose of this district
is to provide for the further development of commercial
activities and to encourage the proper grouping and location
of uses requiring ready accessibility by the public and
space for expansion, parking, and storage so as to minimize
any negative impacts upon adjacent or proximate non -compatible
uses.
2-1.9 C3, Commercial; Neighborhood-- The purpose of this district
is to *ovide for:the. shopping and service facilities utilized
regularly by residents of,neighboring residential districts,:
while utilizing such.controls as necessary to protect the
residential character of surrounding districts.
2-1.10: Ml, Manufacturing.- The purpose'of this district is to,
create and protect 'areas which may be utilized by those'
industrial or manufacturing uses which do not create ex-
cessive noise, odor, smoke, or dust; and which do not possess
other objectionable characteristics which might be detrimental`
to surrounding neighborhoods or the town as a whole.
Section 2-2 Official'Zoning Map
For the purpose.of this ordinance, the Town of Hertford's planning
jurisdiction is hereby divided into zones or districts as shown on the -
"Official Zoning Map, Town of Hertford, North Carolina," which' together with all
explanatory matter thereon, is hereby adopted by reference and declared
to be 'a part of this ordinance.;
lic Official Zoning Map shall be 'identified by the signature of the
Mayor and attested.by the Town Clerkandbear the seal of the town under
the -following -words:
4

"This is to certify that this is the Official
Zoning Map referred to in Article II of the
Zoning Ordinance of Hertford, North Carolina,"
together with the date of adoption of this
ordinance.
The Official Zoning Map, which shall be located in the Town Hall,
shall be the final authority as to the current zoning status of land
and water areas, buildings, and structures within the planning juris-
diction of the Town of Hertford.
Section 2-3 Zoning Map Changes
If, in accordance with Article IX of this ordinance, changes are
made in the zoning district boundaries or other matter shown on the
map, such changes shall be made together with an entry on the map as
follows: '
"On by official action of the
the following changes were made in the Official
Zoning Map:
The entry shall be signed by the Mayor and attested by the
Town Clerk. No amendment to this ordinance which involves a matter
portrayed on the map shall become effective until after such change
and entry have been made on said map. The Town Commissioners shall
give official notice of the zoning change to the Zoning Administrator
within twenty-four (24) hours after passage of said change.
Section 2-4 Replacement of Official Zoning Map
In the event that the official zoning map becomes damaged, destroyed,
lost or difficult to interpret, the Town Commissioners may, by ordinance,
adopt a new official zoning map which shall be the same in every detail
as the map it supersedes. The new map shall bear the signatures of the
Mayor and Town Clerk and shall bear the seal of the town under the
following words:
S

"This is to certify that this Official Zoning Map
supersedes and replaces the Official Zoning Map
adopted on ," together with the date
of adoption of the new map.
Section 2-S Responsibility for Maintenance of the Official Zoning Map
The Zoning Admunistrator shall be responsible for the maintenance
of the official zoning map. Upon notification by the Town Commissioners
that a zoning change has been made, the Zoning Administrator shall make
the necessary changes on the official zoning map within forty-eight (48)
hours following notification.
Section 2-6 District Boundaries
The boundaries of these districts are hereby established as
shown on a map entitled "Official Zoning Map, Town of Hertford."
Said map and all explanatory matter thereon accompanies and is here-
by made a part of this ordinance; it shall be properly attested and
on file in the office of the town clerk.
Section 2-7 Rules Governing Boundaries
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following
rules shall apply:
2-7.1 Boundaries indicated as approximately following the
center lines of streets, highways, alleys, streams,
rivers or other bodies of water, shall be construed
to follow such center lines.
2-7.2 Boundaries indicated as approximately following platted
lot lines shall be construed as following such lot lines.
2-7.3 Boundaries indicated as approximately following city
limit lines shall be construed as following such city
limit lines.
2-7.4 Where district boundaries are so indicated that they
are approximately parallel to the center line of streets,
highways, or railroads, or rights -of -way of same, such
district boundaries shall be construed as being parallel
9

thereto and at such distance therefrom as indicated
` on the zoning map. If no distance is given, such dimen-
sion shall be determined by the use of the scale shown
on said zoning map.
2-7.5 Where physical features existing on the ground are at
variance with those shown on the official zoning map,
or in other circumstaiices not covered by Subsections
2-7.1 through 2-7.4 above, the Board of Adjustment shall
interpret the district boundaries.
Section 2-8 Use Regulation
For the purpose of this ordinance, permitted and conditional
uses and required parking provisions for such uses shall be deter-
mined for the various zoning districts using the following table
entitled, "Use District."
Tliose uses listed as conditional in any district may only be
permitted upon the approval of the Board of Adjustment. Procedures
guiding petitioning, approval and disapproval of conditional use
permits are contained in Article IV.
7

USE DISTRICT
Required
Parking
USE RA R10 R8 R6
TR C1
C2 C3 O/I
Ml
Code
Art Galleries
C P
P
F
Automobile Sales
P
Automobile Service
P
P
C
F
Stations
Automobile Bash
P
F
Automobile Parking Lots
P,
P P P
P
Bakeries, Retail
P
P
F
Banks, Savings & Loan
P
P
F
Association
00
Barber & Beauty Shops
P
P P
F
Billiard or Pool Halls
P
P
F
Boat & Boat Trailer
P
P
F
Sales & Service
Bowling Alleys, Skating
P
G
Rinks, Miniature Golf
Courses & similar com-
mercial recreation
uses
P = Use Permitted by right
C = Conditional Use Permitted Upon Approval
of Board of
Adjustment
Required Parking Code: Article VI
Blank or Unlisted Activity = Prohibited Use

USE DISTRICT Required
Parking
USE _ _ RA R10_^ R8 R6 TR Cl C2 _C3 0/I M1 Code _
Building Supplies Sales
& Installation P P F
Bulk Storage of Oil, Liquid C C None
Petroloi n, Gasoline,
Natural Gas, or other
Fla liable Materials
Cab Stands P P One for each cab using stand
Cabinet, Woodworking or
P
P
Upholstery Shops
Cemeteries
P C C
C
H
Churclies $ Customary
C C C
C
C
D
Accessory Uses
Clothing Stores
P P
F
Clubs, Lodges & Fra--
C
C
F
to rnal Organizations
Department Stores
P P
F
Drug Stores
P P P
F
Dwellings, Multi -Family
C
P
P
A
Dwellings, Single -Family
P P P
P
P
A
Dwellings, Two -Family
P
P
P
A
ah ellings . Mobile Homes
_
— P_
P = Use Permitted by right
C= Conditional Use Permitted Upon Approval of Board of Adjustment
Required Parking Code: Article VI
Blank or Unlisted Activity = Prohibited Use

USE DISTRICT
Required
Parking
USE _ _ _.
Ra RIO R8__ R6 TR Cl
C2 _ CS
_ 0/I Ml
Code
Electrical Appliance Sales
P
P
F
� Service
Electrical Equipment &
P
P
F
Repair Shops
Farm Equipment Sales $
P
P
H
Repair
Feed & Grain Sales
P
P
H
Storage
Fire Stations
C C C C
C P
P C
C C
G
c Florists & Gift Shops
C P
P P
F
Food & Grocery Stores
P
P
F
Funeral Homes
P
P
D
Furniture Sales
P
P
G
Game & Wildlife Farms
P
None
Garage
P
P
H
Golf Courses & Country Clubs
P
None
P = Use Permitted by right
C = Conditional Use Permitted Upon Approval of Board
of Adjustment
Required Parking Code: Article VI
Blank or Unlisted Activity =
Prohibited Use

USE DISTRICT
Required
Parking
USE RA R10
R8 R6
TR
Cl
C2 C3
O/I MI Code
Greenhouse Plant Nurseries P
P
H
Group Development (residential)
C C
C
Group Development (commercial)
C
Group Development.
C
(office, institutional)
Hardware Sales
P
P P
F
Hobby & Crafts Goods Shop
C
P
P
F
Home Occupations C C
C C
C
C
Hospitals, Clinics $
P B
Health Centers
Hotels 4 Motels
P
P
B
Jewelry Sales & Watch Repair Service
P
P
F
Junk & Salvage Yards
C None
Kennels
P
None
Libraries
C C
C
P
P F
Lumber & Building Supply Sales
P
P F
Machine & Welding.Shops
C
P G
P = Use Permitted by right
C = Conditional Use Permitted Upon approval
of Board
of adjustment
Required Pa 2•k i ng Code: Article VI
Blank or Unlisted activity = Prohibited Usr

USE DISTRICT
Re, ;ui red
Pai-king
IISE PA R1.0 R8 RG TIZ C1 C2 'C3 O/I M1 COLIC
Coin aAerated Laundries, P P C F
Laundromats, Dry Cleaning or
Pick-up Points
Commercial Laundries, Laundromats ' P P
Dry Cleaning
Lwnber Yards, Linnber Mills P
N P = Use Permitted by right
C = Conditional Use Permitted Upon Approval of Board of Adjustment
Required Parking Code: Article VI
Blan1: or Unlisted Activity = Prohibited Use

USE DISTRICT
Required
Parking
USE RA R10 R8 R6 TR Cl C2 C3
0/I M1
Code
Manufacturing & Processing of:
Food & Kindred Products
P
G
Lumber & Wood Products
P
G.
Paper Products
P
G
Plastic Products
P
G
Printing, Publishing, &
P
G
Allied Industries
Stone, Clay, Glass &
P
G
Concrete
w
Fabricated Metal Products
P
G
Electrical Equipment €,
P
G
Supplies
Professional, Scientific,
P
G
Photographic &
Optical Goods
Textiles
P
G
Marinas C
C
P = Use Permitted by right
C = Conditional Use Permitted Upon Approval of Boat-d of Adjustment
Required Parking Code: Article VI
Blank or Unlisted Activity = Prohibited Use

USE DISTRICT
Required
Parking
USE
RA R10 R8 R6 TR
Cl
C2 C3
O/I
Ml Code
Mobile Home Sales
P
F
Museums
C
P
P
F
Nursing & Rest Homes
P
B
Offices for Business, Pro-
C
P
P
P
F
fessional & Personal
Services
Office Equipment Sales
P
P
F
Paint Sales
P
P
F
Parking.Required for any
P P P P P
P
P P
P.
P
Permitted Use
Pet Shops
P
P
F
Photography Studios
C
P
P
F
Planned Unit Development
C C C C C
A
Printing & Copying Services
P
P
C
Private Recreation Camps
P
None
P = Use Permitted by right
C = Conditional Use Permitted Upon Approval of Board of Adjustment
Required Parking Code: Article VI
Blank or Unlisted Activity = Prohibited Use
*Parking for any permitted use must be located in the same district as the.use it serves.

USE DISTRICT
Required
Parking
USE
RA
R10
R8
R6
TR Cl
C? C3
O/I M1 Code
Public Safety & Utility
C
C
C
C
C C
P C
C C G
Facilities
Public Parks & Recreation
P
P
P
P
P
None
Facilities
Public Buildings & Uses,.
C
C
C C G
(not primarily recreational
in use)
Restaurants, Drive -In
P
F
Restaurants, Indoor (in-
C P
P
D
►� eluding grills & cafes)
c„
Rooming, Tourist & Boarding
C
P
B
Houses
Sanitary Landfills/Incinerators
C
None
Schools:
Nurseries, Kindergartens
C
C
C
C
C
E
Elementary
C
C
C
C
C
E
Jr., Sr., High Schools
C
C°
E
Vocational, Technical
C
C E
P = Use Permitted by right
C = Conditional Use Permitted Upon ,\ppro�-al
of
Board
of Adjustment.
Required larking Code: Article
VI
Blank or Unlisted Activity = Prohibited
Use

USE DISTRICT
Required
Parking
USE RA R10 R8 R6
TR C1 C2 C3 O/I
Na
Code
Shoe Repair
P P
F
Signs, Principal Use - on premises
P P P P P
P
Signs, Separate Use - off premises (billboards)
P
Theaters
P P
D
Tire Sales & Recapping
P
C
F
Tobacco, Cotton & Other
P
P
H
Storage Warehouses
Trucking Terminals
P
P
H
Variety, Convenience Store
P P
F
P = Use Permitted by right
C = Conditional.Use Permitted Upon Approval of Board of Adjustment
Required Parking Code: Article VI
Blank or Unlisted Activity = Prohibited Use

Z-4 DISTRICT DIMENSIONAL REQUIRII ENTS
Max.
Max.
Min. Lot
Min. Lot
Min. Front
Min. Side
Min. Rear
Height
Lot
Area
Width**
Setback
Setback***
Setback
(Lineal
Cover -
(Square feet)'
.(Lineal feet)
(Lineal feet)
(Lineal feet)
(Lineal feet)
feet)
age
Ea.
Ea.
Ea.
Ea.
Ea.
1st
2nd
Add.
2nd Add.
1st 2nd Add.
lst 2nd Add.
1st 2nd Add.
DISTRICT
Unit
Unit+
Unit+
Unit+ Unit+
Unit Unit+ Unit+
Unit Unit+ Unit+
Unit Unit+ Unit+
Res./Agri.
20,000
Fnii
30
15
2S
A 20
10,000
NA
NANA
NA
NA
NA
NA
NA
NA
NA
Res.
30
10
20
Ri0
40%
Res.
8,000
75
25
10
20
R8
6,000
3,000
3,000
20
10
5
3
4
2
4
2
Res.
50
20
8
15
R6
35
Res.
TR
6,000
2,000
2,000
50
10
S.
20
T5T3
10
4
2
15
4
2
Core Com.
IAA
NA
NA
NA
NA .
Cl
Gen. Corn.
C2
10,000
100
40
20 20
30%
Neighhd.
Com.
10,000
80
30
15
1S
C3
Off./Inst.
20,000.
100
30
15
25
40%
0 I
Mfg.
25 where ahut- 25 where abut-
Mi
NA
100
40
ting res. use,
ting res. use,
15 otherwise
15 otherwise
**Measured at front yard setback line.
***On a corner lot, setback requirements on the sides of the lot facing the. street shall at.least equal the minimum front yard setback in
that district. hliere two or more principal structures are located on an undivided lot, the minimm distance between the structures is
determined by doubling the side yard requirement for that district.
+Requirements relating to second unit are in addition to the requirements for the first unit. Requirements for each additional unit are
in addition to require;nents'for't'e first unit plus the -requirements - for the second unit. Multipic units -listed as conditional use are
subject to the provisioris of Article IV of this ordinance.

ARTICLE III
GENERAL PROVISIONS
Section 3-1 Territorial Limits
3-1.1 The provisions of this ordinance shall be applicable
not only within the corporate limits of the Town of
Hertford but also within the extraterritorial juris-
diction of the Town of Hertford as shown on the
"Official Zoning Map, Town of Hertford," in accordance
with North Carolina General Statutes 160A-360.
3-1.2 This ordinance shall in no way regulate, restrict,
prohibit, or otherwise deter any bona fide farm and
its related uses within the territory beyond the cor-
porate limits as defined in the Official Zoning Map,
'Ib«i of Hertford, except that any use of such property
for non -farm purposes shall be subject to such regulations.
Section 3-2 Application
The regulations set forth in this ordinance affect all land,
_ every building, and every use of land and/or building, and shall apply
as follows:
3-2.1 New Uses of Contruction. After the effective date of
this ordinance, all new construction or use of land shall
conform with the use and dimensional requirements for the
district in which it is to be located.
3-2.2 Conforming Uses of Structures. After the effective date
of this ordinance, land or structures, or uses of land or
structures which then conform to the regulations for
the district in which it is located may be continued, pro-
vided that any structural alteration or change in use shall
conform with the provisions of this ordinance.
3-2.3 Nonconforming Uses or Structures. After the effective
date of this ordinance, land or structures, or uses of
land or structures which would be prohibited under the
regulations for the district in which it is located shall
be considered nonconforming. Nonconforming structures or
uses may be continued provided they conform to the pro-
visions of Article V1 of this ordinance.
18

Section 3-3 One Principal Use Per Lot
No lot shall be occupied by more than one principal building use.
No part of a yard, court or other open space provided about any building
or structure for the purpose of complying with the provisions of this
ordinance shall be included as a part of a yard or other open space required
_ under this ordinance for another building or structure. A residence shall
always constitute a principal use.
Section 3-4 Reduction of Yard and Lot Areas Prohibited
No yard or lot existing at the time of passage of this ordinance shall
be reduced in size or area below the minimum requirements set forth herein
except as provided for in Section 3-17. Yards or lots created after the
effective gate of this ordinance shall meet at least minimum requirement for
the district within which it is located as established by this ordinance.
Shrubbery; driveways, retaining walls, fences, curb, ornamental objects and
planted buffer strips shall not be construed to be encroachments upon yards.
Section 3-S Location of Accessory Uses or Buildings
Accessory uses and buildings shall comply with the setback requirements
of the zoning district in which they occur. No separate accessory building
may be erected within ten (10) feet of any other building. In the case of a
corner lot, an accessory use or building shall be set back from the right-of-way
of the abutting side street a distance equal to the front yard setback established
for principal uses in this district.
Special requirements for certain accessory uses or buildings:
1) Swimrnin pools shall be protected by a four (4) foot high fence with
late ing gates to keep children and animals from having unsupervised
access.
2) Stables and Kennels (private, non-commercial) shall not be erected
closer tTian one hundred (100) feet to a pre-existing dwelling, and shall
be allowed in residential areas as accessory uses only when the scale of
such activity is clearly and demonstrably incidental to the residential use
Section 3-6 Lots with Multiple Frontages
In the case of a corner lot having frontage on two (2) or more
street:,, a1.1 huild.ings shall be set back from each such street a distance
at least L•Llual to the mill""Um front setback requirement for the district.
If a building is constructed on a lot having frontage on two (2) roads,
but not at an intersection, a setback from each road will be provided at
least equal to the front setback requirement for the district in which the
lot is located.
IME

J
Section 3-7 Street Access
No structure shall be erected on a lot which does not have at least
fifty eet o rontage on_ a public street; except in the case of
culs^T-ce-sac where tiirtyive 5) feet shall be required. All structures
shall be so located on lots as to provide safe and convenient access for
servicing, fire protection, and required off-street parking.
Section 3-8 Visibility at Intersections
on a corner lot, nothing shall be erected, placed, planted, or
allowed to grow in such a manner as to materially impede vision between
a height of two and one-half (2�) feet and ten (10) feet in a triangular
area formed by a diagonal line between two (2) points on the right-of-way
lines of two (2) streets or a street and a railroad, thirty (30) feet
from where the two (2) right-of-way lines intersect.
Section 3-9 Required Buffers
In order to lessen the vnpact of incompatible land uses, a buffer
strip, at least fifteen (15) feet in width, with a visual (vegetative)
buffer six (6) feet or more in height, shall be provided and maintained
to separate those uses which are deemed to have a negative effect on
residential areas. When new conunercial or manufacturing construction
will abut an existing; residential district or use, a buffer strip with
a visual buffer shall be provided and maintained by the comnercial or
manufacturing use. In addition, when new residential construction will
abut an existing commercial or manufacturing use, or abuts a limited
access highway or railroad, the buffer strip and visual buffer shall be
provided by the residential developer. This buffer strip shall be part
of the lot(s) and shall be maintained by the owner(s) or homeowners
association in the case of connnonly owned land.
Section 3-io Walls and Fences
The setback requirements of these regulations shall not prohibit
any necessary retaining wall or prohibit any planted buffer strip,
fence, or wall. However, no fence or wall shall exceed a height of
three (3) feet in any front or side yard from the front building line
to the front of the lot, unless otherwise specified elsewhere in this
20

ordinance, nor shall any fence or wall exceed a height of six (6) feet
in any rear or side yard from the front building line to the rear of
the lot within a residential zone or eight (8) feet of height in any
non-residential zone.
Section 3-11 Exceptions to Height Regulations
The height regulations of this ordinance shall not apply to a
church spire, belfry, cupola, or dome; an ornamental tower not intended
for Bunk„► occupancy; a monument; a water tower, an observation tower;
a transmission tower; a chiiiiney or smoke stack; a conveyor; a flag pole,
a radio or television tower, mast or aerial; a parapet wall not ex-
tended more than three (3) feet above the roof line of the building; and
necessary mechanical appurtenances.
Section 3-12 No Structures in Public Right -of -Way
No building, fence, or other structure or part thereof, shall
be erected or installed in any public road, street, lane, or alley
or other public right=of-way.
Section 3-13 Land Covenants
Unless restrictions established by covenants with the land are
prohibited by or are contrary to the provisions of this ordinance,
nothing herein contained shall be construed to render such covenants
inoperative.
t Section 3-14 Uses Prohibited
If either a use or a class of use is not specifically indicated
as being; permitted in a district, either as a matter of right or as
a conditional use, then such use or class of use shall be prohibited
in such district.
Section 3-15 Home Occupations
A home occupation as permitted and defined in this ordinance
21

shall be governed by the following requirements:
3-15.1 no person other than members of the family residing on
the premises shall be engaged in the occupation;
3-15.2 the occupation shall not be visible from the street;
3-15.3 the use of the dwelling unit for the home occupation
shall be clearly incidental and subordinate to its use
for residential purposes by its occupants, and no more
than twenty-five percent (250) of the floor area of the
dwelling shall be used in the conduct of the home occupation,
3-15.4 there shall be no change in the outside appearance of
the building or premises, or other visible evidence of
the conduct of such home occupation other than one (1)
sign, not exceeding three (3) square feet in area, non -
illuminated, and mounted flat against the wall of the
principal building;
3-1S.S no home occupation shall be conducted in an accessory
building;
3-1S.6 no traffic shall be generated by such home occupation
in greater volumes than would normally be expected in
a residential neighborhood, and any need for parking
generated by the conduct of such home occupation shall
be met off the street and other than in a required front
or side yard;
3-15.7 no equipment or process shall be used in such home occu-
pation which creates noise, vibration, glare, fumes, odors,
or electrical interference detectable to the normal senses
off the lot if the occupation is conducted in a single
family residence, or outside the dwelling unit if conducted
in other thcui a single family residence. In the case of
electrical interference, no equipment or process shall be
used which creates visual or audible interference in any
radio or television receivers off the premises, or causes
fluctuations in line voltage off the premises.
Section 3-16 Lot of Record
When the owner of a lot at the time of the adoption of this
ordinance or an amendment which made the lot nonconforming or his
22

successors in title thereto does not own sufficient land to enable
him to conform to the dimensional requirements of this ordinance,
such lot may be used as a building site; provided that said lot
dimensions are not more than twenty percent (20%) below the minimum
specified in this ordinance. In any case where the dimensional re-
quirements are more than twenty percent (200) below the minimum
specified in this ordinance, the Board of Adjustment is authorized
to approve as a variance such dimensions as shall conform as closely
as possible to the requirements of this ordinance. If, however, the
owner of two (2) or more adjoining vacant lots with insufficient land
dimensions decides to build on or sell such lots, he must first combine
said lots to comply with the dimensional requirements of this ordinance.
Section 3-17 Variation of Yard Requirements
Except as set forth in Section 3-16, above, where there exists at
the time of passage of this ordinance a non -conforming lot of record or
a no►i-conforming structure whose non-conformance is tied either to the
amo wit o:' frontage required in the district or to the side or rear yard
requirements of that district, the Zoning Administrator shall be authorized
to reduce the side yard or rear yard requirements a maximum of twenty
(20) percent. In no case shall a side yard be less than six (6) feet
wide nor a rear yard be less than twelve (12) feet wide. Once any one
requirement has been reduced by the decision of the Zoning Administrator,
said lot or structure shall forfeit its rights as a non-conformance
under this section.
Section 3-18 Junk Yards Prohibited in Residential Zones
No junk yard or salvage yard, as defined by this ordinance, shall be
allowed within any residential district within the zoning jurisdiction of
the Town of Hertford.
23.

ARTICLE IV
CONDITIONAL USES
Section 4-1 General
Conditional uses add flexibility to the zoning ordinance by allowing
uses, which could otherwise be undesirable, to be established in designated
districts under conditions imposed by the Board of Adjustment. Applications
for conditional use permits shall be filed with the Zoning Administrator,
who shali immediately transmit the application to the Board of Adjustment.
Before granting a conditional use, the Board of Adjustment shall advertise
and Bold a public hearing, such public hearing being advertised in a paper
of general circulation at least one week in advance. After the public
hearing, the Board of Adjustment shall grant permission to establish con-
ditional uses as permitted under these regulations if the Board of Adjustment
finds that:
4-1.1 the location and character of the use, if developed
according to the plan submitted and approved, will
be in harmony with the v_rea in which it is to be
located and in general conformity with the plan of
development of Hertford and its environs;
4-1.2 the proposed use will not adversely affect the public
health and safety if located where proposed and developed
b according to the plan as submitted and approved;
4-1.3 the proposed use will not be detrimental to the use
development, or value of adjacent properties; or that
the use is of a public necessity;
4-1.4 the proposed use will not be affected adversely by the
existing uses;
4-1.S the proposed use will be placed on a lot of sufficient
size to satisfy the space requirements of said use;
4-1.6 the proposed use or its location will not constitute
a nuisance or hazard to surrounding property or residents
because of the number of persons who will attend or use
such facility, vehicular movement, noise or fune generation
or type of physical activity; and,
4-1.7 the use meets all required conditions and specifications.
Section 4-2 Specified Conditions
The Board of Adjustment may grant permission for t}re est +bl ishaent
24

- of conditional uses, subject to any specific conditions, either set
forth or referenced below, or which said board may deem necessary to
satisfy the conditions of Section 4-1 of this Article.
4-2.1 Bulk Storage of Oil, Gasoline, and Other Flamable Materials:
(a) the front, rear, and side yards shall be a minimum
of fifty (50) feet;
(b) the storage area shall be enclosed by a fence at
least six (6) feet in height; and,
(c) the tanks and other storage facilities shall meet
the requirements of the National Fire Protection
Association.
.I- 2. 2 Junk and Salvage Yards:
(a). the front, rear, and side yards shall be a minimum
of fifty (50) feet;
(b) the storage area shall be screened by a continuous
visual buffer at least six (6) feet in height; and,
(c) junk or salvage shall not be allowed to collect water,
which provides breeding ground for mosquito and other
insects, or harbor breeding ground for rats or other
rodents.
4-2.3 Marinas, Private (:including facilities for storage and repairs
of boats zuid sale of boating supplies and fuel)
(a) Locational and site requirements. Marinas shall be so
located as to be accessible from major roads without
creating traffic congestion on minor streets through
residential districts.
(b) Operational and site planning requirements.
(1) Launching ramps, boat repair facilities for sale
of boating supplies and fuel, clubhouses, and
parking areas and areas for boat storage on land
which are to be open for use between the hours
of 10:00 P.M. and 7:00 A.M. shall be at least
three hundred (300) feet from the nearest lot line
of any lot upon which a residence is permissible.
25

4-2.4
4-2.5
If any such areas or functions are not open
between the hours indicated, the distance may
be reduced to 150 feet, or if parking areas and
areas for boat storage on land are enclosed by a
solid masonry wall at least. six (6) feet in height,
the distance may be reduced to 150 feet.
(2) A minimum of one (1) off-street parking space per
boat slip shall be required, provided that where
launching rmiips adjoin the parking area, the parking
spaces shall all have a minimum dimension of twelve
(12) feet by forty (40) feet.
(3) Where fuel is to be dispensed in conjunction with
other marina operations, no pump or fuel storage
area shall be located within fifty (50)_feet of
any adjacent property line or public right-of-way.
Sanitary Landfill or Incinerator:
(a) no refuse shall be deposited and no building or
structure shall be located within fifty (50) feet
of the nearest property line; and
(b) the operation of said landfill or incinerator shall
be carried out in accordance with the standards and
procedures prescribed by the North Carolina State
Board of health.
In such cases where a use is being considered by the
Board of Adjustment as a conditional use to be allowed
in a 'IR (Transitional Residential) district, the use
shall:
(a) satisfy the conditions of Section 4-1 of this Article,
and
(b) be located in a residential structure existing on the
effective date of this title, except where the building
inspector certifies the residential structure on the lot
on which said use is to locate is dilapidated and cannot
be brought up to acceptable standards for occupancy for
less than fifty percent (500) of its assessed valuation
or where a lot is vacant on the effective date of this
title in which case the Board of AdjusUient may allow as
26

a conditional use, the location of said use in a
new structure, provided it reviews the plans for
the structure and finds them in harmony with the
residential character of the area.
4-2.6 Group Development:
In the case where two (2) or more buildings are to be
constructed on a plot of land at least two (2) acres
in size, not subdivided into customary streets and lots,
and which will not be subdivided, the application of the
terms of this ordinance may be varied by the Board of
Adjustment in a manner that will be in harmony with the
character of the neighborhood provided:
(a) that such uses are limited to those permitted within
the zoning district in which the project is located,
and that in no case shall the Board of Adjustment
authorize a use prohibited in the district in which
the project is to be located; and
(b) that the overall intensity of land use is no higher
and the standard of open space is no lower than is
permitted in the district within which the project
is to be located; and
(c) that the building heights do not exceed the height
limits permitted in the district within which the
project -is to be located; and
(d) the minimum front, side, and rear setbacks shall at
least equal those setbacks established for the district
within which the project is to be located; and
(e) all buildings established as a part of a group develop-
ment project shall be separated by not less than
twenty (20) feet; and
(f) where a group development abuts property zoned under
a different classification, buffer strips shall be
provided in agreement with Section 3-9; and
(g) a detailed site plan at a scale of not less than
one (1) inch equals one hundred (100) feet shall be
submitted to the Planning Board to show the size
and location of all structures, streets, drives and
27

M
parking spaces and their relationship to open spaces
and adjacent properties; the Planning Board shall
have forty-five (45) days to submit their reconmienda-
tions to the Board of Adjustment (after forty-five
days, the Planning Board is assumed to concur with
such plan) who sliall make final determination of
appropriateness (Section 4-1) and shall establish
any additional conditions of approval.
Section 4-3 Revocation of Permits
Miciiever the Board of Adjustment shall find, in the case of any
permit granted pursuant to the provisions of these regulations, that
any of the terms, conditions, or restrictions upon which such permit
was granted are not being complied with, said board shall revoke such
permit after sending notice to the owners of the property involved and
to the owners of all adjacent property.
28

ARTICLE V
OFF-STREET PARKING AND LOADING REQUIREMENTS
Section 5-1 Off -Street Parking Requirements
At the time of erection of any new building, permanent off-street
-- parkiLng shall be provided in all districts, except the CD district,
in the wm)unt specified by the section. No certificate of occupancy
will be issued upon completion of any use or structure unless all off-
street parking requirements as set forth by this article are in place
and ready for use.
5-1.1 Each application for a zoning permit shall include
information as to the location and dimensions of
off-street parking and loading space, and the means
of ingress and egress to such space. This information
shall be in sufficient detail to determine whether or
not the requirements of this section are met.
5-1.2 The required parking space for any number of separate
uses may be combined in one lot, but the required
space assigned to one use may not be assigned to another
use, except that one-half of the parking space required
for churches, theaters, or assembly halls, whose peak
attendance is at night or Sundays, may be assigned to a
use which will be closed at night and/or Sundays.
5-1.3 If the off-street parking space required by this ordinance .
cannot be reasonably provided on the same lot on which the
principal use is located, such space may be provided on any
land within four hundred (400) feet of the principal use or
building, provided such land is in the same ownership as the
principal use. Said land shall be used for no other purpose
as long as the principal use exists.
5-1.4 The minimum number of required off-street parking spaces
shall be calculated from the following table. In the
case of a building or use not expressly provided for, the
number of off-street spaces shall be the same as for a
similar use or inclusive category which is provided for.
Where there is more than one use in a single structure, or
on a single tract, or two or more instances of the same use,
the minijiuun number of required off-street parking spaces shall
be equal to the sum of the requirements of the various uses.
29

The following parking requirements shall be applied as indicated
in the table of Use District:
I
OFF-Suu.'E--'f PARKING FACILITY REQUIRB ENTS
CA1'EGORY
REQUIM34ENTS
A
Two (2) parking spaces per dwelling unit.
E
One (1) parking space per room designed for occupancy
(2 beds per room maximum) or unit plus ten (10) percent
of that number for employees.
C
Three (3) spaces in addition to residents requirements.
D
One (1) space for each four (4) seats in the principal
place of assembly.
E
One (1) space for each room or office plus one (1) space
for each five (5) students over 16 years of age.
F
One (1) space for each two hundred (200) square feet of
gross floor area.
G
One (1) space for each six hundred (600) square feet of
gross floor space.
H
One (1) space for each one thousand (1,000) square feet
a
of gross floor area.
Section 5-2 Off -Street Loading
Every building or structure used for business, trade or industry
hereafter erected, shall provide space, as indicated herein, for the
loading and unloading and maneuvering space of vehicles off the street
or public alley. Such space shall have access to an alley or, if there
is no alley, to a street. For the purpose of this section, an off-street
loading space shall have minimum dimensions of twelve (12) feet by forty
(40) feet, and an overhead clearance of fifteen (15) feet above the alley
or street grade. No certificate of occupancy will be issued upon completion
of uiy use or structure unless all off-street loading requirements shall be
in place, ready for use and conforming to requirements of this article.
30

5-2.1
The number of required off-street loading spaces shall
be as follows:
Retail Business.... One (1) space for each twenty thousand
(20,000) square feet of gross floor area
or fraction thereof.
1'diolesale Trade
and Industries .... One (1) space for each forty thousand
(40,000) square feet of gross floor
area or fraction thereof.
Office or
Institution .... One (1) space for each fifty thousand
(50,000) square feet of gross floor
area or fraction thereof. ,
31

ARTICLE VI
NONCONFORMING USES OF LOTS, LAND AND SIRUCT[1RES
Section 6-1 General
Within the districts established by this ordinance or amendments
that are later adopted, there exist lots, structures and uses of land
and structures which were lawful before this ordinance was passed or
amended, but which would be prohibited, regulated or restricted under
the provisions of this ordinance or future amendment. Such lots,
structures and uses of such land and structures are called nonconfor-
mities. It is the intent of this ordinance to permit these nonconfor-
mities until they are removed or discontinued but not to encourage
their survival. It is thus the intent of this ordinance that noncon-
formities shall not be enlarged upon, expanded or extended, nor be used
as grounds for adding other structures or uses prohibited elsewhere in
the samme district and that when a nonconforming use of land or of a
building; or structure has been changed to a conforming use, it shall not
thereafter be used for any nonconforming use. Nonconforming uses are
declared by this ordinance to be incompatible with the permitted uses in
the district involved. The rights of a nonconformity under this article
shall not be passed on to a successor in title thereto, except as allowed
specifically by Sections 6-2, 6-3, or 6-4.
Section 6-2 Nonconforming Lots (Lots of Record)
miere the owner of a lot at the time of the adoption of this
ordin=ce or his successor in title thereto does not own sufficient
land to enable him to conform to the dimensional requirements of this
ordinance, such lot may be used as a building site, provided thatbelothe
the
lot width and lot area are not more than twenty (20) percent
minimum specified in this ordinance. In any case where the lot area
and width are more than twenty (20) percent below the specified minimum
or other dimensional criteria cannot be met, the Board of Adjustment is
authorized to approve as a variance such dimensions as shall conform
as closely as possible to the required dimensions.
If two or more adjoining and vacant lots of record all in single
ownership at any time on or after the date of adoption of this ordinance
and such lots individually have less frontage or area than the minimum
requirements of the district in which such lots are located, such lots
shall be considered as a single lot or several lots which meet the min-
i,mum requirements of this ordinance for the district in which the lots
are located. If, however, the owner of two (2) or more adjoining lots
32

with insufficient land dimensions, decides to build upon or sell off
these lots he must first combine said lots to comply with the dimensional
requirements set forth in this ordinance.
Section 6-3 Nonconforming Uses of Land
hhere,'at the passage of this ordinance, lawful use of land
exists which would not be permitted by the regulations imposed by this
ordinance, the use may be continued so long as it remains otherwise
lawful, provided that:
6-3.1 No such nonconforming use shall be enlarged or increased,
nor extended to occupy a greater area of land than was
occupied at the effective date of adoption or amendment
of this ordinance.
6-3.2 No such nonconforming use shall.be moved in whole or in
part to any portion of a lot or parcel, other than that
occupied by such use of.the effective date of adoption or
amendment of this ordinance.
6-3.3 If such nonconforming use of land ceases for any reason
for a period of more than ninety (90) days, any subsequent
use of such land shall conform to the regulations specified
by this ordinance for the district in which such land is
located. '
6-3.4 No existing nonconforming use of land may be changed to
another nonconforming use, except that the Board of
Adjustment may permit as a conditional use a change in a
nonconforming use if the Board finds that such new use
would be more in.character with the uses permitted in the
district, provided that once the Board of Adjustment has
permitted such substitution, the substituted use shall lose
its status as a legal nonconforming use and become subject
to any conditions required by the Board of Adjustment.
Once such change has been made, use of the land or structure
may not revert to the previous nonconforming use.
6-3.5 Mobile homes on individual lots which are.a nonconforming
use in the district in which they are located may remain,
provided that once any such mobile home is removed from
the lot on which it is located it shall lose its status
as a nonconformity and the same or another mobile home may
not thereafter be placed on the lot.
33

Section 0-4 Nonconforming Structures
Miere a lawful structure exists at the effective date of adoption
or amenLLnent of this ordinance that could not be built under the terms
of this ordinance by reason of restrictions on area, lot coverage,
height, yards, its location on the lot, or other requirements concerning
the structure, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
6-4.1 No such nonconforming structure may be enlarged or altered
in a way which increases its nonconformity, but any structure
or portion thereof may be altered to decrease its non-
conformity.
6-4.2 Should such structure or nonconforming portion of such
structure be destroyed by any means to an extent of more
than fifty (50) percent of the replacement cost at the
time of destruction, it shall not be reconstructed except
in conformity with the provisions of this ordinance.
6-4.3 Should a structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations
for the district in which it is located after it is moved.
6-4.4 Nonconforming existing residential structures in either
business or industrial districts may be enlarged, extended
or structurally altered provided no additional dwelling
units result and the extension or alteration shall comply
with the dimensional requirements for the district in
which it is located.
6-4.5 Normal maintenance and repair of a structure occupied by a
nonconforming use is permitted provided it does not extend
or enlarge the nonconforming use.
34

..
ARTICLE VII
SIGNS
Section 7-1 General Provisions
All signs within the jurisdictional area of this ordinance
shall be subject"to these regulations and shall be erected, con-
structed, and maintained in accordance with the provisions of
this article.
7-1.1 There shall be only one sign or billboard of an area
not to exceed 250 square feet per building, establish-
ment or lot.
7-1.2 'There shall be no rooftop signs or billboards.
7-1.3 Signs located on the front of a marquee shall be
affixed flat to the surface thereof and shall not
extend vertically above or below the marquee.
7-1.4 No sign or billboard which obstructs the view of,
causes confusion or otherwise interferes with, any
authorized traffic signs, signals or other safety
devices shall be erected at any location.
7-1.5 No light which resembles an emergency light shall be
used in connection with any sign.
7-1.6 No sign or billboard shall be located within 50'feet
of any residentially zoned lot and, in addition, if
the lot on which the sign or billboard is located abuts
a residential district said sign or billboard shall be
set back to meet the side, rear and front, setback re-
quirements of said abutting residential lot.
7-1.7 No flashing sign shall be located within 300 feet of
any residentially zoned lot.
7-1.8 Direct illuminated signs shall be limited to those
lighted from behind or internally to silhouette letters
and figures, so as to prevent a direct view of the
light source.
7-1.9 Flood lighting and display lighting shall be shielded
sous to prevent a direct view of the light source from
a public right-of-way or from a residence in a residential
district.
35

7-1.10 All signs and billboards shall be kept in repair and in
a proper state of preservation. Signs which are no longer
functional or are abandoned shall be removed or relocated
• by the owner of such sigc or billboard within 30 clays
following such disfunction.
7-1.11 No sign shall be attached to or painted on any utility pole
or other manmade object not intended to support a sign or
on any tree, rock, or other natural object.
7-1.12 Signs not meeting the requirements of this section or any
other applicable section of this ordinance shall be treated
either as a nonconformity or as a violation with remedy
being sought as provided under Article VI, Article VIII,
or Article XII of these regulations or under G.S. 160A-389.
Section 7-2 Administration, Filing Procedure, and Permits
7-2.1 No free standing or attached sign may be erected within
the zoning jurisdiction of the Town of Hertford unless
and until a sign permit has been issued by the Zoning
Administrator.
7-2.2 The Zoning Administrator shall only issue a permit for
F the erection or construction of a sign which meets
the requirements of this section.
7-2.3 Applications for permits to erect, hang, place, paint,
or alter the structure of a sign shall be submitted on
forms obtainable from the Zoning Administrator. Each
application shall be accompanied by a plan showing the
following:
(a) area of the sign;
(b) size, character, general layout and designs pro-
posed for painted displays;
(c) the method and type of illumination if any;
(d) the location proposed for such signs in relation
to property lines, zoning district boundaries,
right-of-way lines, and existing signs; and,
(e)' any other information requested by the Zoning
Administrator and necessary in enabling him to
fulfill his duties under this section.
36

The following parking requirements shall be applied as indicated
in the table of Use District:
OFF-STREET PARKING FACILITY REQUIREMENTS
CATEGORY
REQUIREMENTS
A
Two (2) parking spaces per dwelling unit.
B
One (1) parking space per room designed for occupancy
(2 beds per room maximum) or unit plus ten (10) percent
of that number for employees.
C
"Three (3) spaces in addition -to residents requirements.
D
One (1) space for each four (4) seats in the principal
place of assembly.
E
One (1) space for each room or office plus one (1) space
for each five (5) students over 16 years of age.
F
One (1) space for each two hundred (200) square feet of
gross floor area.
G
One (1) space for each six hundred (600) square feet of
gross floor space.
11
One (1) space for each one thousand (1,000) square feet
•
of gross floor area.
Section S-2 Off -Street Loading
Every building or structure used for business, trade or industry
hereafter erected, shall provide space, as indicated herein, for the
loading and unloading and maneuvering space of vehicles off the street
or public alley. Such space shall have access to an alley or, if there
is no alley, to a street. For the purpose of this section, an off-street
loading space shall have minimum dimensions of,twelve (12) feet by forty
(40) feet, and an overhead clearance of fifteen (15) feet above the alley
or street grade. No certificate of occupancy will be issued upon completion
of uiy use or structure unless all off-street loading requirements shall be
in place, ready for use and conforming to requirements of this article.
30

16
S-2.1 The number of required off-street loading spaces shall
be as follows:
Retail Business.... One (1) space for each twenty thousand
(20,000) square feet of gross floor area
or fraction thereof.
Wholesale Trade
and Industries .... One (1) space for each forty thousand
(40,000) square feet of gross floor
area or fraction thereof.
Office or
Institution .... One (1) space for each fifty thousand
(50,000) square feet of gross floor
area or fraction thereof.
31

ARTICLE VI
NONCONFORMING USES OF LOTS, LAND AND STRUCTURES
Section 6-1 General
Within the districts established by this ordinance or amendments
that are later adopted, there exist lots, structures and uses of land
and structures which were lawful before this ordinance was passed or
amended, but which would be prohibited, regulated or restricted under
the provisions of this ordinance or future amendment. Such lots,
structures and uses of such land and structures are called nonconfor-
mLties. It is the intent of this ordinance to permit these nonconfor-
mities tuitil they are removed or discontinued but not to encourage
their survival. It is thus the intent of this ordinance that noncon-
fonmitirs shall not be enlarged upon, expanded or extended, nor be used
as grotuids for adding other structures or uses prohibited elsewhere in
the same district and that when a nonconforming use of land or of a
building or structure has been changed to a conforming use, it shall not
thereafter be used for any nonconforming use. Nonconforming uses are
declared by this ordinance to be incompatible with the permitted uses in
the district involved. The rights of a nonconformity under this article
shall nut be passed on to a successor in title thereto, except as allowed
specifically by Sections 6-2, 6-3, or 6-4.
Section 6-2 Nonconforming Lots (Lots of Record)
M101-e the owner of a lot at the time of the adoption of this
ordin.uice or his successor in title thereto does not own sufficient
land to enable him to conform to the dimensional requirements of this
ordinwice, such lot may be used as a building site, provided
thatbelothe
lot width and lot area are not more than twenty (20) percent
the
minimum specified in this ordinance. In any case where the lot area
and width are more than twenty (20) percent below the specified minimum
or other dimensional casavariance such dimensions ashall coorm
trtbe met, the as s,nfis
authorized to approve
as closely as possible to the required dimensions.
If two or more adjoining and vacant lots of record all in single
ownership at any time on or after the date of adoption of this ordinance
and such lots individually have less frontage or area than the minimum
requirements of the district in which such lots are located, such lots
shall he considered as a single lot or several lots which meet the min-
imurm requirements of this ordinance for the district in which the lots
are located. If, however, the owner of two (2) or more adjoining lots
32

with insufficient land dimensions, decides to build upon or sell off
these lots he must first combine said lots to comply with the dimensional
requirements set forth in this ordinance.
Section 6-3 Nonconforming Uses of Land
I%Iiere,'at the passage of this ordinance, lawful use of land
exists which would not be permitted by the regulations imposed by this
ordinance, the use may be continued so long as it remains otherwise
lawful, provided that:
6-3.1 No such nonconforming use shall be enlarged or increased,
nor extended to occupy a greater area of land than was
occupied at the effective date of adoption or amendment
of this ordinance.
6-3.2 No such nonconforming use shall be moved in whole or in
part to any portion of a lot or parcel, other than that
occupied by such use of the effective date of adoption or
amendment of this ordinance.
6-3.3 If such nonconforming use of land ceases for any reason
for a period of more than ninety (90) days, any subsequent
use of such land shall conform to the regulations specified
by this ordinance for the district in which such land is
located.
6-3.4 No existing nonconforming use of land may be changed to
another nonconforming use, except that the Board of
Adjustment may permit as a conditional use a change in a
nonconforming use if the Board finds that such new use
would be more in character with the uses permitted in the
district, provided that once the Board of Adjustment has
permitted such substitution, the substituted use shall lose
its status as a legal nonconforming use and become subject
to any conditions required by the Board of Adjustment.
Once such change has been made, use of the land or structure
may not revert to the previous nonconforming use.
6-3.5 Mobile homes on individual lots which are a nonconforming
use in the district in which they are located may remain,
provided that once any such mobile home is removed from
the lot on which it is located it shall lose its status
as a nonconformity and the same or another mobile home may
not thereafter be placed on the lot.
33

. Section b-4 Nonconforming Structures
Miere a lawful structure exists at the effective date of adoption
or amendment of this ordinance that could not be built under the terms
of this ordinance by reason of restrictions on area, lot coverage,
height, yards, its location on the lot, or other requirements concerning
the structure, such structure may be continued so long as it remains
othe revise lawful, subject to the following provisions:
6-4.1 No such nonconforming structure may be enlarged or altered
in a way which increases :its nonconformity, but any structure
or portion thereof may be altered to decrease its non-
conformity.
6-4.2 Should such structure or nonconforming portion of such
structure be destroyed by any means to an extent of more
than fifty (50) percent of the replacement cost at the
time of destruction, it shall not be reconstructed except
in conformity with the provisions of this ordinance.
6-4:3 Should a structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations
for the district in which.it is located after it is moved.
6-4.4 Nonconforming existing residential structures in either
i business or industrial districts may be enlarged, extended
or structurally altered provided no additional dwelling
• units result and the extension or alteration shall comply
with the dimensional requirements for the district in
which it is located.
6-4.S Normal maintenance and repair of a structure occupied by a
nonconform-ing use is pe nnitted provided it does not extend
or enlarge the nonconforming use.
34

ARTICLE VII
SIGNS
Section 7-1 General Provisions
All signs within the jurisdictional area of this ordinance
shall,be subject to these regulations and shall be erected, con-
structed, and maintained in accordance with the provisions of
this article.
7-1.1 There shall be only one sign or billboard of an area
not to exceed 2SO square feet per building, establish-
ment or lot.
7-1.2
There shall be no rooftop signs or billboards.
7-1.3
Signs located on -the front of a marquee shall be
affixed flat to the surface thereof and shall not
extend vertically above or below the marquee.
7-1.4
No sign or billboard which obstructs the view of,
causes confusion or otherwise interferes with, any
authorized traffic signs, signals or other safety
devices shall be erected at any location.
7-1.S
No light which resembles an emergency light shall be
used in connection with any sign.
' 7-1.6
No sign or billboard shall be located within SO feet
of any residentially zoned lot and, in addition, if
the lot on which the sign or billboard is located abuts
a residential district said sign or billboard shall be
set back to meet the side, rear and front, setback re-
quirements of said abutting residential lot.
7-1.7
No flashing sign shall be located within 300 feet of
any residentially zoned lot.
7-1.8
Direct illuminated signs shall be limited to those
lighted from behind or internally to silhouette letters
and figures, so as to prevent a direct view of the
light source.
7-1.9
Flood lighting and display lighting shall be shielded
so as to prevent a direct view of the light source from
a public right-of-way or from a residence in a residential
district.
3S

7-1.10 All signs and billboards shall be kept in repair grid in
a proper state of preservation. Signs which are no longer
functional or are abandoned shall be removed or relocated
• by the owner of such sign: or billboard within 30 days
following such disfunction.
7-1.11 No sign shall be attached to or painted on any utility pole
or other malunade object riot intended to support a sign or
on any tree, rock, or other natural object.
7-1.12 Signs not meeting the requirements of this section or any
other applicable section of this ordinance shall be treated
either as a nonconformity or as a violation with remedy
being sought as provided under Article VI, Article VIII,
or Article XII of these regulations or under G.S. 160A-389.
Section 7-2 Administration, Filing Procedure, and Permits
7-2.1 No free standing or attached sign may be erected within
the zoning jurisdiction of the Town of Hertford unless
and until a sign permit has been issued by the Zoning
Administrator.
7-2.2 The Zoning Administrator shall only issue a permit for
the erection or construction of a sign which meets
the requirements of this section.
. 7-2.3 Applications for permits to erect, hang, place, paint,
or alter the structure of a sign shall be submitted on
forms obtainable from the Zoning Administrator. Each
application shall be accompanied by a plan showing the
following:
(a) area of the sign;
(b) size, character, general layout and designs pro-
posed for painted displays;
(c) the method and type of illumination if any;
(d) the location proposed for such signs in relation
to property lines, zoning district boundaries,
right-of-way lines, and existing signs; and,
(e) any other information requested by the Zoning
Administrator and necessary in enabling_ him to
fulfill his duties under this section.
36

7-2.4 Appeals from a decision made by the Zoning Administrator
may be appealed to the Board of Adjustment who may over-
rule his authority witli a four -fifths (4/5) majority vote
under the procedures set forth in section 10-2 of these
regulations. Appeals for a variance from the requirements
of this section shall be treated under the procedure set
forth in section 10-2 of these regulations.
Section 7-3 Signs Exempt From Permitting
The following signs shall be permitted in all districts and not
subject to the dimensional requirements of the ordinance except as
regards to corner visibility, provided that no sign, other than those
listed below, shall be erected within or project into a public
right-of-way.
7-3.1 Governmental signs, such as traffic or similar regulatory
devices, legal notices or warnings.
7- 3. ' flags or end)lems not used as connnerc.ial advertising.
7-3.3 Temporary signs, totaling not over two square feet of
surface area on any lot not used as commercial advertising,
and for a period not to exceed 14 days in any quarter
calendar year. It shall be the responsibility of the person
• who erects such a sign to have it removed.
7-3.4 Memorial plaques, cornerstones, historical tablets and
similar devices.
7-3.5 Non-commercial signs posted in conjunction with door bell
or mailboxes and not exceeding 8 square inches in surface
area.
7-3.o Signs required by law to be posted, unless specifically
prohibited, limited or restricted.
7-3.7 Small unilluminated signs, none exceeding 2 square feet
in surface area, displayed strictly for the direction,
safety or convenience of the public, including signs
which identify restrooms, parking area entrances or exits,
freight entrances and the like.
�7

7-3.8 Address signs, not exceeding 72 square inches in surface
area and showing only the numerical address designations
of the premises upon which they are located.
7-3.9 Small unil.lurdnated announcement -signs concerning the
practice of a profession, the conduct of an incidental
home occupation, or other authorized occupation provided
it is not over 2 square feet in area and is mounted flat
to . the main wall of the building.
7-3.10 Temporary unilluninated real estate signs not over six
square feet in area displayed on the property proposed
for sale or rent and no closer than ten (10) feet to any
property line.
7-3.11 Signs for church and community identification no larger
than 25 square feet in area located on private property
but no closer than ten (10) feet to any property line.
Section 7-4 Exceptions to Regulations Governing.the Projection of Signs
T11e limitations of this ordinance governing the projection of signs
from buildings and across public rights -of -way shall not apply to per-
111i.tted IINIrLluees, canopies and awnings, but all other regulations per-
ta i n int, thereto shall be applicable.
Area requirements do not include supporting structure.
Section 7-S Density and Setback Requirements for Signs Requiring Permits
7-5.1 Temporary signs (those requiring permits) and principal
use signs shall be setback at least ten (10) feet from
any right-of-way or property line (unless otherwise re-
(juired or permitted under specific district regulations)
and shall be setback from street intersections in accordance
with Section 3-8 of this ordinance.
-5.Outdoor advertising signs shall be setback a distance
equal to the InInirlium requirements for the district on
wilicll they are located. No permit shall be issued for
any outdoor advertising sign closer than one hllllllred (100)
feet from any road .intersection. The minimum distance
between such signs shall be three hundred (300) feet.

Section 7-6 Specific District Requirements for Signs or Billboards
7-6.1 Residential District, RA, R10, R8, R6 - No signs or
billboards shall be allowed in any of the above named
districts except those described in Section 7-3 of these
regulations.
7-6.2 Transitional Residential District, TR - No outdoor ad-
vertising or flashing signs shall be allowed in this
district. There shall be only one principal use sign
per business or service establishment and in the case of
multiple establishments only one principal use sign per
building or lot. Permitted business and service establish-
ments shall be allowed to advertise or locate by the use
of an attached sign not to exceed twenty (20) square feet
or ten (10) percent of unencumbered facade area, whichever
is less.
Unless otherwise specified, all provisions of Section 7-1
shall apply.
7-6.3 Office and Institutional District, 0/I - Outdoor ad-
vertising signs and flashing signs shall not be allowed
within this district.
There shall be only one sign per principal use and its
total area shall not exceed twenty (20) square feet, except
that in the case of cluster development there may be one
sign not greater than twenty (20) square feet in area
for the purpose of serving the entire cluster and one
additional sign not._greater_than_four (4) square feet in
area mounted flat against the wall beside each entrance
serving a reception area to describe the name and title
of individual establishments served by that entrance. Free
standing signs shall not exceed fifteen (15) feet in height.
7-6.4 Commercial Core District, Neighborhood Commercial District,
Cl, C3 - No free standing sign shall be allowed in this
district, except where:
(a) the lot upon which the principal use sign is to be
located has at least fifty (50) feet of frontage on
at least one street, and
(b) not more than sixty (60) percent of the lot is to
be built upon, the remainder reserved for vegetative
plantings, customer parking, or pedestrain walkways, and
39

(c) a minimum building setback of at least fifteen (15)
feet from any property line, street, or public access -
way is observed.
No free standing sign in this district shall be located
within ten (10) feet of any property line, street, or
public accessway.
No free standing sign shall be larger than fifty (50)
square feet nor exceed more than one square foot of sign
area for each linear foot of street frontage exhibited
by the use.
No free standing sign shall exceed twenty (20) feet in
height above natural ground level.
No outdoor advertising signs (billboards) of any type
shall be allowed in this district.
No attached sign shall.be larger than fifty (50) square
feet or ten (10) percent of the facade of the building
front in area whichever is less.
All attached signs shall be mounted flat against the
face of the building and all letters and superscriptions
o thereon shall be parallel with the face of the building.
No attached sign shall project more than one (1) foot
from the face of a building and shall not be less than
ten (10) feet above street level.
7-6.S Manufacturing and General Commercial Districts, Ml, C2 -
All requirements of Section 7-6.4 shall apply except that
outdoor advertising and free standing signs shall be
allowed, and, except that in the case of a designed
shopping center consisting of five (5) or more separate
establishments one additional sign not to exceed fifty (50)
square feet in area shall be allowed for identification of
the designed shopping complex only and shall not be used for
the advertisement of any commodity, profession or service.
In such cases where said sign is to be free standing, it shall
not be within ten (10) feet of any property or right-of-way
line, and shall be no more than twenty (20) feet in height
above natural ground level.
40

ARTICLE VIII
ADMINIS`IRATION AND ENFORCEMENT
Section 8-1 Administration and Enforcement
The Building Inspector shall administer and enforce this ordinance.
Ile may he provided with the assistance of such other persons as the
Town Commiissioners may direct.
If the Building Inspector shall find that any.of the provisions
of this ordinance are being violated, he shall notify in writing the
person responsible for such violation, indicating the nature of the
violation and ordering the action necessary to correct it. He shall
order discontinuance of illegal. use of land, buildings, or structures;
removal of illegal buildings or structures or of additions, alterations,
or structural changes thereto; discontinuance of any illegal work being
done; or shall take any other action authorized by this ordinance to
insure compliance with or to prevent violation of its provisions.
Section 8-2 Required Permits
8-2.1 Building/Zoning Pe rinit
No building or other structure shall be erected, moved,
added to, or structurally altered without a permit there-
for issued by the Building Inspector. No such permit
shall be issued except in conformity with the provisions
of this ordinance, except after written order from the
Board of Adjustment.
8-2.2 Application for Building/Zoning Permit
(a) All applications for building/zoning permits shall be
accompanied by plans in duplicate, drawn to scale,
showing the actual cimensions and shape of the lot to
be built upon; the exact sizes and locations on the lot
of buildings already existing, if any; and the location
and dimensions of the proposed building or alteration.
The application shall include such other information as
lawfully may be required by the Building Inspector in-
cluding existing or proposed uses of the building and
land; the number of families the building is designed
to accommodate, conditions existing on the lot; and
such other matters as may be necessary to determine
conformance with, and provide for the enforcement of
this ordinance.
41

(b) One copy of the plan shall be returned to the applicant
by the Building Inspector after }re shall have marked
such copy either as approved or disapproved and attested
to same by his signature on such copy. The second copy
of the plans, similarly marked, shall be retained by
the Building Inspector.
8-2.3 Certificate of Occupancy/Compliance
No land shall hereafter be used, occupied or changed in use
except for bona fide farm purposes, and no building here-
after structurally altered, erected or moved shall be changed
in use or occupied for otaer than bona fide farm purposes un-
til a certificate of occupancy/compliance has been issued by
the Building Inspector stating that the building or proposed
use complies with all applicable state and local laws and
with the terms of the building/zoning permit. A like certi-
ficate shall be issued for the purpose of maintaining, re-
newing, changing or extending a nonconforming use. All
existing nonconforners shall apply for a certificate of
occupancy/compliance without charge within ninety (90) days
of the effective day of this ordinance. A record of all
certificates shall be kept on file in the office of the
Building Inspector, and copies shall be furnished on request
to any person having a proprietary or tenancy interest in the
building erected or altered or in the building or land being
used. A fee of one -dollar shall be charged for the issuance
of each such certificate.
9-2.4 Application for Certificate of Occupancy/Compliance
Application for a certificate of occupancy/compliance
shall be submitted to the Building Inspector prior to
anticipated completion, movement or use date to allow
scheduling of required inspections. A fee of one dollar
shall be charged for each such permit.
NOTE: for application of Coastal Area Management Act permits,
see Section 12-4 (p.62).
Section 8-3 General Provisions
8-3.1 If any permit or certificate is denied, the applicant
may appeal the action of the Building Inspector to the
Board of Adjustment.
8-3.2 If the work and/or change of use described in any building/
zoning permit has not begun within ninety (90) days from the
date of issuance thereof, said permit shall expire; it shall
be cancelled by the Building Inspector; and written notice
thereof shall be given to the persons affected.
42

8-3.3 A temporary zoning permit may be issued by the Building
Inspector for a period not exceeding six (6) months during
alterations or partial occupancy of a building pending its
completion or for bazaars, carnivals, religious revivals
provided that such temporary permit may require such con-
ditions and safeguards as will protect the safety of the
occupants and the public.
8-3.4 The Building Inspector shall maintain a record of all
building/zoning applications and permits and of all
applications for, and certificates of, occupancy/compliance.
8-3.S Building/zoning perniits issued on the basis of plans and
applications approved by the Building Inspector authorize
only the use, arrangement., and construction set forth in
such approved plans and applications. Use, arrangement,
or construction at variance with that authorized shall
be deemed violation of this ordinance and punishable by
Article M , Section 12-3 thereof.
8-3.6 Failure to obtain permits and/or certificates set forth
under this article shall be a violation of this ordinance
and punishable under Article XII, Section 12-3 thereof.
8-3.7 The Town of Hertford Utilities Department shall not pro-
vide any permanent public service utilities to any structure
or use, until a valid certificate of occupancy is issued.
Section 8 4 Duties of Building Inspector, Board of Adjustment, Courts
and 'I'ov.T Commissioners as to Matters of Appeal
8-4.1 It is the intention of this ordinance that all questions
arising in connection with the enforcement of this
ordinance shall be presented first to the Building Inspector
and that such questions shall be presented to the Board
of Zoning Adjustment only on appeal from the Building
Inspector; and that from the decision of the Board of
Adjustment recourse shall be to courts as provided by
law. It is further the intention of this ordinance that
the duties of the Town Conunissioners in connection with
the ordinance shall not include the hearing and passing
upon disputed questions that may arise in connection with
the enforcement thereof, but that the procedure for deter-
mining such questions shall be as herein set out in the
ordinance, and that the duties of the Town commissioners
in connection with this ordinance .shall be only the duty
of considering and passing upon any proposed amencbnent or
repeal of the ordinauice as provided by law.
43

ARTICLE IX
AMENDNU NTS
The Town Board of Commissioners may amend, supplement or change
the text regulations and zoning map according to the following procedures.
Section 9-1 Action by the Applicant
9-1.1 The following action shall be taken by the applicant:
(a) Initiation of Amendments
Proposed changes of amendments may be initiated by
the Town Commissioners, Planning Board, Board of
Adjustment, or by one or more interested parties.
(b) Application
An application for any change or amendment shall
contain a description and/or statement of the present
and proposed zoning regulation or district boundary to
be applied. Such application shall be filed with the
Town Clerk not later than ten (10) days prior to the
Plruminb Board ,meeting; at which the application is to
be considered. (For fo rni of Application see Appendix A.)
(c) Fees
A fee of twenty ($20) dollars shall be paid to the
':own of Hertford, North Carolina for each application
for an amendment to cover the costs of advertising and
other acbidnistrative expenses involved.
Section 9-2 Action by the Planning Board,
9-2.1 The following action shall be taken by the Planning Board:
(a) Planning Board Consideration
The Planning Board shall consider and make recom-
mendations to the Town Commissioners concerning
each proposed zoning; amencbnent. The Planning Board
44

may hold separate public hearings or may sit con-
currently with the public hearing held by the Town
Cormnis s ioners .
Section 9-3 Action by the Town Commissioners
9-3.1. Notice and Public Hearing
No amendment shall be adopted by the Town Commissioners
until after public notice and hearing. Notice of Public
Hearing shall be published once a week for two (2) successive
calendar weeks in the local newspaper. Notice may also be
made by posting the property concerned with a poster indi-
cating the proposed change and hearing. Said notice is to
be published the first time or posted not less than fifteen (15)
days nor more than twenty-five (2S) days (as per North Carolina
General Statute 160A-364) prior to the date fixed for said
hearing.
9-3.2 Town Commissioners Action
Before taking such lawful action as it may deem advis-
able, the Town Commissioners shall consider the Planning
Board's recommendation on each proposed zoning amendment.
if no recommendation is received from the Planning Board
within thirty (30) days after the public hearing, the
proposed amendment shall be deemed to have been approved by
the Planning Board.
9-3.3 Protests
In case of a protest against a proposed zoning amendment
signed by the owners of twenty (20) percent or more either
of the area of the lots :included in such proposed change,
or of those vmnediately.adjacent thereto either in the rear
thereof or on either side thereof extending; one hundred (100)
feet therefrom, or of those directly opposite thereto ex-
tending one hundred (100) feet from the street frontage of
such opposite lots, such amendment shall not become effective
except by favorable vote of three -fourths (3/4) of all the
members of the Town Commissioners.
9-3.4, No protest petition shall be valid unless it is:
(a) written;
(b) bears the actual signature of the requisite number
45

of property owners and states that they protest
the proposed amendment; and
(c) received by the municipal clerk in time to allow
at least two normal working days (excluding week-
ends and legal holidays) prior to the public hearing
on the amendment, so as to allow time for municipal
personnel to check the accuracy and sufficiency
of the petition.
46

ARTICLE X
BOARD OF ADJUS114WF
Section 10-1 Creating the Zoning Board of Adjustment
10-1.1 There shall be and is hereby created, under North Carolina
General Statutes 160A-388 and 160A-362, a Board of Adjustment
(hereinafter called the Zoning Board) consisting of five (5)
members and three (3) alternate members. Three (3) of the
members, and two (2) of the alternate members shall reside
within the Town of Hertford and shall be appointed by the
Town Conun.issioners of the 'Town of Hertford. 'f'wo (2) of the
members of: the Board and one (1) of the alternates shall
reside within the town's extraterritorial jurisdiction and
shall be appointed by the Board of Commissioners of Perquilnans
County. The five (S) members of the Board shall have initial
terms of office as follows: one (1) member appointed fora
term of one (1) year; two (2) members appointed for terms `of
two (2) yearn; and two (2) members appointed for terms of -
three (3) years. Alternate members shall be rrLumed to a tern
of three (3) years and shall serve in the absence of a regular
member and shall during such service have the same statutory
powers of that absent member. At completion of the initial
terms of office for each member all additional appointments
to vacancies of the Board shall be for three (3) year terns.
Vacancies shall he filled for the unexpired term only. Members
and alternate members shall be removed for cause by the Town
Commissioners upon written charges and after public hearing.
The members and alterna:e meanbers of the Board shall receive
no compensation for their services.
10-1.2 Meetings
The Board shall elect one of its members as Chairman and
another as Vice -Chairman who shall serve for one (1) year.
The Board shall designate one of its members as secretary.
The Board shall draw up and adopt the rules of procedures
under which it will operate. Meetings of the Board shall
be held at the call of the Chairman and at such other times
as the Board may determinO. The Chairman, or in his absence,
the acting Chairman, nuty administer oaths. All meetings of
the Board shall be open to the public. The Board shall keep
minutes of its proceedings, showing the vote of each member
upon every question, or his absence or failure to vote, in-
dicating such fact, and also keep records of its examination
and any other official action.
47

Section 10-2 Powers and Duties
10-2.1 The Zoning Board of Adjustment shall have the following
powers and duties:
(a) To hear and decide appeals where it is alleged by
the appellant that there is error in any order,
requiren-ient, permit, decision, determination, or
refusal made by the Building Inspector or other
administrative officials in the carrying out or
enforcement of any provision of the ordinance. A
concurring vote of four (4) members of the Board
shall be necessary to reverse, wholly, or partly
any order, requirement, decision, pe nnit, deter-
mination or refusal pertaining to property within
the corporate limits.
(b) To authorize upon appeal in specific cases such
variances from the terms of this ordinance as will
not be contrary to the public interest where, owing
to special conditions a literal enforcement of the
provisions oC this ordinance would result in un-
necessary hardship. In grafting any variance, the
Board may prescribe appropriate conditions and safe-
guards in conformity with this ordinance. A variance
.from the terms of phis ordinance shall not be granted
by the Board unless and until the following findings
are made:
1) That special conditions and circumstances exist
which are peculiar to the land, structure, or
building involved;
2) That literal interpretation of the provisions of
this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the
same district under the terms of this ordinance;
3) That the special conditions and circumstances do
not result from the actions of the applicant;
4) That granting the variance requested will not con-
fer on the applicant such a material alteration that
is denied by this ordinance to other land, structures,
or buildings in the same district, viewing the special
conditions of the land of the applicant as will
equitably result in effecting a purpose of this section.
(c) To hear and decide such conditional uses as the Board is
specifically authorized to pass on by the terms of this
ordinance (Article 11 and IV)

Section 10-3 Filing; and Notice for an Apleai
10-3.1 Appeals from the.enforcement and interpretation of this
ordinance and appeals for variances may be taken to the
Board of Adjustment by any person aggrieved or by any office,
department, board of bureau of the town affected. An appeal
stays all proceedings in furtherance of the action appealed
from, unless the Building Inspector certifies to the Board
that by reason of facts stated in the certificate a stay would,
in his opinion, cause iirminent peril to life and property or
that because of the transitory nature of the charged violation
a stay would seriously interfere with enforcement of the
ordinance, in which case proceedings s}iall not be stayed other
than by a restraining order, which may be granted by the Board
or by a court of record on application or notice to the officer
from whom the appeal is taken and due cause shown.
(a) Hearing of the Appeal
After receipt of notice of an appeal, the Board
Chairman shah schedule the time for a hearing,
which shall be at a regular or special meeting
within forty-five (45) days from the filing of
such notice of appeal.
(b) Notice
At least one (1) week prior to the date of the
hearing, the Town of Hertford should furnish all
adjoining property owners with written notices
of the hearing.
(c) Fees for Appeal or Variances
A fee of fifteen ($15) dollars shall be paid to the
Town of Hertford, North Carolina, for each appeal,
to cover the necessary administrative costs and
advertising.
Section 10-4 Appeal from the Zoning Board of Adjustment
10-4.1 An appeal from the decision of the Zoning Board of
Adjustment may be inside to the Perquimans County Superior
Court within thirty (30) days after the decision is made
by the Board, but riot thereafter.
49

ARTICLE XI
DEFINITIONS
Section 11-1
For the purpose of this ordinance, certain terms or words used
herein shall be interpreted as follows.
Section 11-2 Tense and Number
11-2.1 The present tense includes the future and the future
tense includes the present tense.
11-2.2 The singular number includes the plural number and the
plural number includes the singular number.
Section 11-3 Word Interpretation
11-3.1 The word "may" is permissive.
11-3.2 The words "shall" and "will" are always mandatory and not
merely directory.
11-3.3 The words "town" or "city" shall mean the Town of Hertford,
North Carolina.
11-3.4 The words "Zoning Board" or "Zoning Commission" shall mean
the Town of Hertford Zoning Board of Adjustment.
11-3.5 The words "Town Commissioners" shall mean the Town Commissioners
of Hertford, North Carolina.
11-3.6 The word "person" includes a firm, association, organization,
partnership, trust, company, or corporation as well as an
individual.
1.1-3.7 The word "used or occupied" includes the words intended,
designed, or arranged' to be used or occupied.
11-3.8 The word "lot" includes the words plat, parcel., site,
premises.

Section 1.1-4 Definitions
11-4.1 Accessory Use or Structure
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal
use or structure.
11-4.2 Alley
A public way which affords only a secondary means of
access to abutting property and not intended for general
traffic circulation.
1.1-4.3 Automobile Service Station
Any building or land used for the dispensing, sale or
offering for sale at retail of any automobile fuels,
lubricants, or tires, except that indoor car washing,
minor motor adjustment, and flat tire repair are only
performed incidental to the conduct of the filling station.
Uses permissible at an automobile service station do not
include major mechanical and body work, straightening of
body parts, painting, welding, storage of automobiles not
in operating condition, or other work involving noise,
glare, furies, smoke, or other characteristics to an ex-
tent greater than normally found in service stations. An
automobile service station is not a repair garage nor a
body shop (see garage).
11-4.4 Billboard
Any sign or device by which lettering or pictorial material
is displayed for the purpose of directing attention to a
profession, business, commodity, service or entertainment
conducted, sold or offered elsewhere than upon'the same lot.
11-4.5 Buildable Area
The portion of a lot remaining after required yards have
been provided.
11-4.6 Building
Any.structure having a roof supported by columns or by
walls and intended for shelter, housing or enclosure of
persons, animals or chattels.
51

11-4.7 Building height
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building
to the highest point of a flat roof; to the deck line of a
mansard roof; or to the mean height level between the eaves
and ridge of a gable, hip or gambrel roof.
11-4.8 Curb Cut
A lowered or cut -away curb for purposes of ingress or
egress to property abutting a public street.
11-4.0 Customary Accessory Uses
Churches, graveyards, Sunday school buildings, recreational
facilities, does not include parochial education conducted
on a daily basis.
11-4.10 District
Any section of the Town of Hertford in which zoning
regulations are uniform.
11-4.11 Drive -In Restaurants or Refreshment Stand
Any place or premises used for sale, dispensing or
serving of .food, refreslurtents or beverages in automobiles,
including those establishments where customers may serve
theiiLse.lves and may eat or• drink the food, refresluuents,
or beverages on the premises.
11-4.12 Drug Store
Any store whose primary purpose and whose majority of
floor area is used to dispense medicines, supplies, or
preparations that are for personal use in treating or
carrying for injuries, infections, illness, or personal
Nygiene. No store whose gross floor area is greater than
tiao thousand (2000) square feet shall be considered a drug
store for the purposes of this ordinance.
11-4.13 Dwelling, Single -Family
A detached residential dwelling unit other than a mobile
home, designed for and occupied by one family only.
S2

11-4.14 Dwelling, Mobile lloime (including double -wiles)
A detached residential dwelling unit with a body width
exceeding eight (8) feet, and a body length exceeding
thirty-two (32) feet designed for transportation after
fabrication on streets or highways on its own wheels or
on flatbed or other trailers and arriving at the site
where it is to be occupied as a dwelling complete and
ready for occupancy except for minor and incidental un-
packing and assembly operations, location on jacks or
other temporary or permanent foundations, connections
to utilities Enid the like. A travel trailer is not to
be considered as a mobile home.
11-4.15 Dwelling, Wo Family
A detached residential building containing two dwelling
units, designed for occupancy by not more than two
Cwllilies, wiLth separate housekeeping and cooking facilities
for each.
11-4.16 Dwelling, Multiple Family
A residential building designed for or occupied by three
or more families, with the number of families in residence
not exceeding the number of dwelling units provided.
11-4.17 Dwelling Unit
One room, or rooms together, constituting a separate,
independent housekeeping establishment for owner occupancy,
or rental or lease on a weekly, monthly, or longer basis,
and physically separated from any other rooms or dwelling
units which may be in the same structure, and containing
independent cooking and sleeping facilities.
11-4.18 Family
One or more persons occupying a single dwelling unit, pro-
vided that unless all members are related by blood or mar-
riage, no such family shall contain over five (S) persons,
but further provided that. domestic servants employed on the
premises may be housed on the premises without being counted
as a family or families.
Ss

11-4.19 Garage
Building and premises where major mechanical and body
work is performed such as straightening of body parts,
painting, melding work, work necessitating the removal
of major motor parts (eg. cylinder heads, exhaust or
intake manifolds) provided all work and equipment shall
be stored and performed inside the garage structure,
and provided that no parts, or vehicles may be stored
outside such structure for a period to exceed twenty-four
(24) hours.
11-4.20 Home Occupation
See. Article III, General Provisions.
11-4.21 Junk Yard (Salvage Yard)
Any land or area ui excess of two hundred (200) square
feet used, in whole or in part, for commercial storage
and/or sale of waste paper, rags, scrap metal or other
junk, and including; storage of motor vehicles and dis-
mantling of such vehicles or machinery.
11-4.22 Loading Space, Off -Street
Space logically and conveniently located for bulk pickups
and deliveries, scaled to delivery vehicles expected to be
used, and accessible to such vehicles when required off-
street parking spaces are filled. Required off-street
loading space is not to be included as off-street parking
space in computation of required off-street parking space.
11-4.23 Lot
For purposes of this ordinance, a lot is a parcel of land
of at least sufficient size to meet minimum zoning require-
ments for use, coverage, and area, and to provide such yards
and other open spaces as are herein required. Such lot
shall have frontage on a public street. No lot shall front
on a private street.
11-4.24 Lot Frontage
The front of a lot shall. be construed to be the portion
nearest the street. For the purposes of determining yard
requirements on corner lots and through lots, all sides of
54

a lot adjacent to streets shall be considered frontage,
and yards shall be provided as indicated under YAJWS
in this section.
11-4.25 Lot Measurements
(a) Lot Depth: The mean horizontal distance between
front and rear lot lines.
(b) Lot Width: The distance between side lot lines
measured at the building line.
11-4.26 Lot of Record
A lot which is part of a subdivision recorded in the
office of the Itegister of Deeds, Perquimans CoLuity,
or a lot or parcel described by metes and bounds,
the description of which has been so recorded.
11-4.27 Lot Types
(a) Corner Lot - A lot located at the intersection
of two or more streets.
(b) Interior Lot - A lot other than a coiner lot with
only one frontage on a street.
(c) Through Lot - A lot other than a corner lot with
frontage on more than one street. Through lots
.Jbutting two streets may be referred to as double
frontage, lots.
11-4.28 Marina
A private or public facility providing facilities for the
launching, tying -up, or storing (in water or on land) of
boats. Supportive services such as the sale of boating
supplies and fuel may be allowed at the discretion of the
Board of Adjustment. The principal purpose of the marina,
however, shall be the launching, dockage and storage of boats.
11-4.29 Mobile Home
See Section 11-4.14.
SS

11-4.30 Nonconforming Uses
'llie use of a building or land which does not conform
to the use or dimensional regulations of this ordinance
for the district ill which it is located, either at the
effective date of this ordinance or as•a result of sub-
sequent ,lmendments which may be incorporated into this
ordinance.
11-4.31 Parking Space, Off -Street
For the purposes of this"ordinance, an off-street parking
space shall consist of a space adequate for parking an
automobile with room for opening doors on both sides, not
less th= teii (10) Feet by twenty (20) feet, together with
properly related access to a public street or alley and
maneuvering room. Required off-street parking areas for
three or more automobiles shall have individual spaces
marked, and shall be so designed, maintained, and regulated
that no parking or maneuvering incidental to parking shall
be on any public street, walk, or alley, and so that any
automobile may be parked and unparked without moving another.
11-4.32 Restaurant, Indoor
Any place used for sale, dispensing or serving of food,
refreshments or beverages where such activity takes place
exclusively indoors and food is not customarily taken of
the premises.
11-4.33 Setback (Building) Front, Side, Rear
See Yard, Front, Side or Rear
11-4.34 Sign
Any device designed to inform or attract the attention
of persons not on the premises on which the sign is
located.
1.1-4.35 Sign, Attached
:1nv device which is attached either to a principal or
accessory building or to customary appurtenances thereof
and purpose it is to itrform or attract the attention of
persons not on the premises.
50

11-4-36 Sign Exterior
Any device located outside a building, structure, or
• establishment designed to infonn or attract the attention
of persons not on the premises on which the sign is located.
11-4.37 Sign, flashing
A "flashing sign" is an illuminated sign on which the
light is not constant in intensity and/or color at all
times when in use. riny revolving or moving sign, i1lLuni-
nated or not, shall be considered a flashing sign.
11-4.38 Sign, Free Standing
Any sign other than an attached sign.
11-4.39 Sign, Outdoor Advertising
See Billboard.
11-4.40 Sign, Principal Use
Any sign other than a temporary sign.
11-4.41 Signs, Surface Area
The surface area of a sign shall be computed as including
the entire area within a regular geometric form or com-
binations of regular geometric forms comprising all of the
display area of the sign and including all of the elements
of the matter displayed. Frames and structural members not
bearing advertising matter shall not be included in compu-
tation of surface area.
11-4.42 Sign, On -Site
A signs relating in its subject matter to the premises
on which it is located or to products, accommodations,
services, or activities on the premises, on -site signs
do not include signs erected by the outdoor advertising
industry in the conduct of the.outdoor advertising business.
11-4.43 Sign, Off -Site
A sign other than an on -site sign.
_= 7

11-4.44 Sign, Temporary
Any sign erected or placed on a parcel, lot or premises
for not more than fourteen (14) days, such sign may or
may not require a permit. (See Section 7-3)
11-4.45 Street Line
The right-of-way line of a street.
11-4.46 Structure
Anything constructed or erected with a fixed location
on the ground, or attached to something having a fixed
location on the ground, among other things, structures
include buildings, mobile homes, walls, fences, bill-
boards, poster panels, and swinuning pools.
11-4.47 Travel 'Trailer
A vehicular, portable structure built on a chassis,
designed to be used as a temporary dwelling for travel
and recreational purposes, having a body width not
exceeding eight (8) feet. Trailers having a body width
exceeding eight (8) feet shall be considered as a Mobile
Home Dwelling.
11-4.48 Use
(a) Any purpose for which a building or other structure
or a tract of land may be designed, arranged, intended,
maintained, or occupied; or
(b) Any activity, occupation, business, or operation
carried or, or intended to be carried on, in a building
or other structure or ona tract of land.
11-4.49 Use, Conditional
A conditional use is a use that would not be appropriate
generally or without restriction throughout a particular
zoning district but which, if controlled as to number,
area, location, or relation to the neighborhood, would
preserve the .intent of this ordinance to promote the public
health, safety, morals quid general welfare. Specific pro-
visions are made for conditional uses which may be permitted

in certain zones, and the procedures for application
are set out under Article IV of this ordinance.
11-4.50 Use, Principal
The principal use for which a lot or the main structure
thereon is designed, arranged, or intended, and for which
it is or may be used, occupied, or maintained.
11-4.51 Variance
A variance is a relaxation of the to nns of the zoning
ordinance where such variance will not be contrary to
the public interest and where, owing to conditions
peculiar to the property and not the result of the
actions of the applicant, a literal enforcement of the
ordinance would result in unnecessary and undue hardship.
Pts used in this ordinance, a variance is authorized only
for height, area, and size of structure or size of yards
and open spaces; establishment or expansion of a use pro-
hibited shall not be allowed by variance, nor shall a
variance be granted because of the presence of noncon-
formities in the zoning district or uses in an adjoining
zoning district.
11-4.52 Variety (Convenience) Store
A quick service food store for minor shopping of everyday
items. Total floor area not to exceed 1500 square feet.
Variety store may offer sale of gasoline with a maximum
of 3 pumps per island and no island closer than 25 feet to
any property or right-of-way line.
11-4.53 Yard
A required open space unoccupied and unobstructed by
a structure or portion of a structure provided however
that fences, walls, poles, posts, and other customary
yard accessories, ornaments, and furniture may be permitted
in any yard subject to height limitations and requirements
limiting obstruction of visibility.
11-4.54 Yard, Front
A yard extending between side lot lines across the front

of a lot adjoining a public street. In any required
front yard, not fence or wall shall be permitted which
materially impedes vision across such yard above the
• height of thirty (30) inches, and no hedge or other
vegetation shall be permitted which materially impedes
vision across such yard between the heights of thirty
(30) inclies and ten (10) feet.
Depth of required front yards shall be measured at right
angles to a straight line joining the foremost points of
the side lot lines. 'Flie foremost point of the side lot
line, in the case of rounded property corners at street
intersections, shall be assumed to be the point at which
the side and front lot lines would have met without such
rounding.
11-4-55 Yard, Side
A yard extending from the rear line of the required front
yard to the rear lot line. Width of a required side yard
sliall be measured in such a manner that the yard established
is a strip of the miiniJnwn width required by district regu-
lations with its inner edge parallel with the side lot line.
11-4.56 Yard, Rear
A yard extending across the rear of the lot between
inner side yard lines. In the case of through lots and
corner lots, there will be no rear yards, but only front .
and side yards
Depth of a required rear vard shall be measured in such a
mummer that the yard established is a strip of the minimum
width redid red by district regulations with its inner edge
parallel with the rear lot line.
11-4.S7 Zoning Administrator
The official charged with the enforcement of the zoning
ordinance.
60

ARTICLE XII
LEGAL PROVISIONS
Section 12-1 Provisions of Ordinance Declared to be M.inimtuil Requirements
In tileir interpretation rail application, the provisions of' this
ordinwnce shall be held to be lli.irihixi requireiilents, adopted for
the promotion of the public health, safety, morals, or general welfare.
Mlerever t!ie requirements of this ordinance are at variance with the
requirements of any other lawfully adopted rules, regulations, ordinances,
deed restrictions, or covenants, the most restrictive or that impassing
the higher standards, shall govern.
Section 12-2 Complaints Regarding Violations
Micnever a violation of this ordinance occurs, or is alleged
to have UCCurred, any person may file a written complaint. Such
comm!aint stating fu'_ly the causes and basis thereof shall be l-iled
with the 1?uilding .inspector. lie shall record properly such complaint,
iJIU11Cdiately investigate, and take action thereon as provided by this
ordinance.
Section 12-3 Penalties for Violation
Violation of the provisions of this ordinance or failure to comply
with any of its requirements (including, violations of conditions and
safeguards established in connection with grants of variances) or orders
granted t+oereunder shall constitute a misdemeanor. Any person who vio-
lates this ordinance or fails to comply with any of its requirements shall
upon conviction thereof be fined not more than $50.00 or imprisoned for
no more t'i:c,, 30 days, or both, and in addition shall pay all costs and
expenses involved -in the case. Each day such violation continues shall be
considered a separate offense.
The owner or tenant of any building, structure, premises, or part
thereof, and any architect, builder, contractor, agent, or other person
who commits, participates in, assists in, or maintains such violation
may each be found guilty of a separate offense and suffer the penalties
herein provided.
Nothing herein contained shall
taking sucli other lawful action as
any violation.
61
prevent the Town of Hertford from
is necessary to prevent or remedy

Section 12-1 Com lia ce with State Guidelines for Areas of Environmental
Concern
Prior to the issuance of any initial building pennit, zoning
amendment, or conditional..i.lse permit, the Zoning Administrator and
local AI:C Penilit Officer Shall determine whether the proposed use
or structure is loCOted Within an area of envirorunental concern. This
cletennination shall result from both an on -site investigation and a
revietv of the official MiC overlay slap. If the proposed use or structure
is located in an area of envirorunental concern, the Zoning Achninistrator
and the :oca1 AEC Penni.t Officer shall certify that the proposed use or
St2'llLtLQ't• complies with development standards of the State Guidelines
for Areas of Envirolunental Concerti prior to the issuing of any zoning
permits (a salrple jV:C Consistency Statement is included as Appendix B)
Section 12-5 Separability Clause
Should any section or provision of this ordinance be declared
by the Courts to be unconstitutional or invalid, such decision shall
not affect the validity of the ordinance as a whole, or any part thereof
other tlian the part so declared to be unconstitutional or invalid.
Section 12-6 Effective Date
This ordinance shall take affect and be in force from and after
its adoption by the Town Commissioners of the Town of Hertford,
North Carolina, this day of 1980.
1

Section 12-4 Compliance with State Guidelines for Areas of Environmental
Concern
Prior to the issuance of any initial. building permit, zoning
amendr!!ent, or conditional use pen!!it, the Zoning Administrator and
local A1:C Permit Officer shall determine whether- the proposed use
or structure is located .,iithin an area of envi roruitental concern. This
c!eten.!ination shall result from both an on -site investigation and a
review of the official AfiC overlay map. If the proposed use or structure
is located in an area of environmental concern, the Zoning Administrator
ruid t!ic ?ocal AEC Permit Officer shall certify that the proposed use or
strlrctUrc• cumplies With developmcW!!t standards of the State Guidelines
for Areas of Envirorm!ental Concern prior to the issuing of wiy zoning
permits (a sLunple AEC Consistency Statement is included as Appendix B).
Section 12-5 Separability Clause
Should any section or provision of this ordinance be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the ordinance as a whole, or any part thereof
other than the part so declared to be unconstitutional or invalid.
Section 12-6 Effective Date
This ordinance shall take affect and be in force from and after
its adoption by the Town Commissioners of the Town of Hertford,
North Carolina, this _L�day of 1980.

A.F'PE14DIX A
ZONING I+,1ENIMXr APPLICATION
A. APPLICANT
NAME
rkDDIZE.
B. EXPLANATION OF REQUEST (IF MA.P CHMIGE, PLEASE ATTACH COPY OF CURRENT ZONING MAP
AND WFLINE AFFECTED PROPERTY IN RED) :
1. NATURE OF REQUEST:
2. REASONS FOR REQUEST:
C. STAFF EVALLIATICN:
I. LAND USE I'MN CLASSIFICATION:
2. ZONING HISTORY:
3. APPLICABLE REGULATIONS:
4. EFFECT ON:
(a) Utilities
(b) Services
(c) Traffic
(d) Environment (soil type, topography, drainage, vegetation)
(e) Surrounding property
D . STAFF RECOti1,1END lT ION :
E. PLANNING BOARD RECCMENDATION:
F. (OOVERNING BODY) ACTION:
1. DEA'Y REQUEST
2. SCHEDULE FOR PUBLIC HEARING GN
(Attach Affidavit of Publication)
3. APPROVE:
DISAPPROVE:

APPENDIX B
C11JIFICATION 01' ZONING AND CA,%1,% AREAS
OI- ENVIRM ENMAL CONCERN CONSISTENCY
On (date) the town of
considered initial zoning/rezorning/or conditional use of a tract/parcel of
land located at
and owned by
This certifies that the tract/parcel in question is/is not located in
an Area of Environmental Concern, based on an on -site investigation and an
examination of the town/county official AEC overlay reap by both the local AEC
Permit Officer and the local Zoning Enforcement Officer.
This further certifies that if the tract is, in part or totally, in an
Area of Environmental Concern, all proposed uses or structures in the AEC will
comply with development standards of the State Guidelines for Areas of Environ-
mental Concern.
AEC PERMIT OFFICER
ZONING ENFORCB ENT OFFICER
DATE