Zoning Ordinance-2001

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ZONING
ORDINANCE
TO" OF
LELAND
UPDATED & REVISED 06-30-2001
The preparation of this document was financed in part through a grant
provided by the North Carolina Coastal Management Program, through
funds provided by the Coastal Zane Management Act of 1972, as amended,
which is administered by the Office of Ocean and Coastal Resource
Management, National Oceanic and Atmospheric Administration.

CHAPTER 19
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d
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Article
Title
Page
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Title, Enactment, and Purpose
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19.1
Title, Enactment, and Preamble
1
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19.2
Short Title
2
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19.3
Purpose
2
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19.4-19.15
Reserved
2
H
Establishment of Zoning Districts, and Provision for Zoning Map
3
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19.16
Official Zoning Map
3
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19.17
Zoning Map Changes
4
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19.18
Replacement of Official Zoning Map
4
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19.19
Responsibility for maintenance of the Official Zoning Map
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1920
Rules of Interpretation of Zoning District Boundaries
4
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1921-19.30
Reserved
5
III
Definition of Terms
6
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19.31
General Interpretation
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19.32
Word and Term Definitions
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19.33-19.40
Reserved,
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IV
Establishment of Zoning Districts
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19.41
Districts Established
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19A2
Zoning Affects use of Land and Structures
a
19.43
Introduction to Districts
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19.44
R-20, Residential District
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19A5
R 15, Residential District
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19.46
RMK Residential Manufactured Home District
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19.47
C-1, Commercial District - General
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19.48
C-2, Commercial District - Regional
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19A9
C-3, Commercial Trucking District
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19.50
0&1, Office and Institutional District
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19.51
MF, Multi -Family District
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19.52
PUD, Planned Unit Development
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19.53
R-6, Residential District
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19.54-19.60
Reserved
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Town of Leland Zoning Ordinance
Chapter 19 - Table of Contents - Page i

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Article
Title
Page
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District Regulations
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• 19.61 Table of Permitted Uses
40
• 19.62 Notes to the Table of Permitted Uses
54
• 19.63-19.70 Reserved
5663
VI
Table of Area, Yard and Height Requirements
57
• 19.71 Notes to the Table of Area, Yard and Height Requirement
58
• 19.72-19.80 Reserved
60
VII
Temporary and Accessory Uses
61
• 19.81 Temporary Uses
61
• 19.82 Accessory Uses
62
• 19.83-19.90 Reserved
66
VM
Provisions for Uses Allowed as Special Uses
67
• 19.91-19.100 Reserved
67
IX
Off -Street Parking and Off -,Street Loading Requirements
68
• 19.101 General Regulations
68
• 19.102 Schedule of Off -Street Parking Requirements
70
• 19.103 Off -Street Loading Requirements
74
• 19.104-19.110 Reserved
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X
Reserved
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• 19.111-19.130 Reserved
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XI
Supplemental Regulations
76
• 19.131 Provisions Regulating Mobile and Manufactured Home
Parks, Manufactured Class A, Manufactured Home Class B,
and Manufactured Home Class C
76
• 19.132 Off -Street Parking and/or Storage of Certain Vehicles
78
• 19.133 Fences and Walls
79
• 19.134 Provisions Regulating the Development of Planned Unit
Developments
80
• 19.135 Yard Sales
920
• 19.136 Performance Development Standards for SBR-6 Zoning
District
93
Town of Leland Zoning Ordinance
Chapter 19 - Table of Contents - Page it

Article
Title
Page
XI continued
Supplemental Regulations
• 19.137-19.140 Reserved
94
'
XIII
Nonconforming Uses
95
• 19.141 Nonconforming Situation
95
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• 19.142 Continuance of Nonconforming Situation
95
• 19.143-19.150 Reserved
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Administrative and Legal Provisions
97
• 19.151 Administration of the Zoning Ordinance
97
• 19.152 Building Permits
97
• 19.153 Certificate of Compliance
98
• 19.154 Determination of Exact Location of Zoning District
99
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Boundary Lines
• 19.155 Building Permits issued Prior to Adoption of this Ordinance
100
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• 19.156 Changes and Amendments
100
• 19.157 Prohibition of Certain Testimony
102
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• 19.158 Interpretation, Purpose, and Conflict
102
• 19.159 Submitting Requests to Planning Board
102
• 19.160 Schedule of Fees
102
• 19.161-19.170 Reserved
102
'
XIv
Board of Adjustment
103
• 19.171 Board of Adjustment Created
103
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• 19.172 Number of Members' Appointments
103
• 19.173 Length of Terms
103
• 19.174 Vacancies
103
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• 19.175 Compensation
103
• 19.176 Officers, Rules, and Regulations
104
'
• 19.177 Conduct of Meeting
104
• 19.177 Conduct of Meeting
104
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• 19.178 Disposition of Appeals
104
• 19.179 Appeals from Decisions of the Code Enforcement
104
Administrator
• 19.180 Appeal Stays all Proceedings
105
• 19.181 Power of the Board of Adjustment
105
Town of Leland Zoning Ordinance
'
Chapter 19 - Table of Contents - Page iii
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Article
Title
Page
MV continued
Board of Adjustment
• 19.182 Rehearing
106
• 19.183 Review by Certiorari
106
• 19.184-19.190 Reserved
106
Xv
Legal Status Provision and Penalty
107
• 19.191 Separability
107
• 19.192 Violation; Penalty
107
• 19.193 Effective Date
107
XVI
Sign
108
• 19.194 Purpose
108
• 19.195 General
108
• 19.196 Definitions
108
• 19.197 General Regulations for all Signs
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• 19.198 Specific Regulations for Signs
114
• 19.199 Signs Which are Permitted in all Districts
118
• 19200 Projecting Signs and Devices
120
• 19201 Sign Illumination
121
• 19202 Sign Regulations in Residential Districts
121
• 19203 Sign Regulations in Commercial Districts
122
• 19204 Amortization
123
Appendix A
Index - Table of Permitted Uses
124
Town of Leland Zoning Ordinance
Chapter 19 - Table of Contents - Page tv

' Section 19.1 Title, Enactment and Preamble
' An Ordinance, in pursuance of the authority granted by the North Carolina General
Statutes, Article 19, Chapter 160A, for the purposes of promoting the public health, safety,
' morals and general welfare; to provide for the establishment of zoning districts within the
Town of Leland, to regulate within those districts the location, height, bulk, number of stories,
and size of buildings and other structures, the percentage of lot that may be occupied, the
' required open space, the density of population and the uses of land, buildings, and other
structures; to provide methods of administration of this ordinance; to prescribe penalties for
' the violation thereof, and to supersede any ordinances in conflict herewith.
Whereas, the Leland Town Council deems it necessary, for the purpose of promoting
the health, safety, morals or general welfare of the Town to enact such an Ordinance, and
Whereas, the Town Council has appointed a Planning Board to recommend the
' boundaries of the various original districts and appropriate regulations to be enforced therein;
and
Whereas, The Planning Board has divided the Town into districts and has prepared
' regulations pertaining to such districts in accordance with a plan and appropriate land use
studies, and designed to lessen congestion to secure safety from fire, panic and other dangers;
' to provide adequate light and air, to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements; and
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Whereas, The Planning Board has given reasonable consideration, among other '�
things, to the character of the districts and their peculiar suitability for particular uses, with a
view to conserving the value of buildings and encouraging the most appropriate use of land . �
through those areas of the Town under the jurisdiction of this ordinance, and E- 4
' Whereas, the Planning Board has submitted its final report to the Town Council and Fri
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Whereas, the Town of Leland Town Council has given due public notice of hearings
relating to zoning districts, regulations and restrictions, and has held such public hearings, and
' Whereas, all requirements of the General Statutes of North Carolina, with regard to
the preparation of the report of the Planning Board and subsequent action of the Leland Town
Council have been met;
' NOW THEREFORE, the Town Council of the Town of Leland, North Carolina,
does hereby ordain and enact into law the following Articles and Sections, this the 26th day of
April 1993.
Town of Leland Zoning Ordinance
' Chapter 19 -Article I - Page I

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Section 19.2 Short Title
This ordinance shall be known as the "Zoning Ordinance of the Town of Leland, North
Carolina." The map(s) herein referred to, which is identified by the title "Official Zoning Map
of Leland, North Carolina," shall be shown as the "Zoning Map."
Section 19.3 Purpose
In accordance with the provisions of Chapter 160A, Article 19 of the General Statutes of North
Carolina, and for the purposes more fully set out in this chapter, the Town Council of the Town
of Leland, North Carolina, adopts this ordinance to provide for the orderly growth and
development of the town
Section 19.4 -19.15 Reserved
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Town of Leland Zoning Ordinance
Chapter 19 -Article I - Page 1

Section 19.16 QJriclal Zoning Map
For the purpose of this ordinance, the jurisdiction is hereby divide into zones or districts as
shown on the "Official Zoning Map(s) of the Town of Leland, North Carolina" which, to-
gether with all explanatory matter thereon is hereby adopted by reference and declared to
be a part of this ordinance.
The Official Zoning Map(s) shall be identified by the signature of the Mayor and attested by
the Town Clerk and bear the seal of the Town under the following words:
' This is to certify that this is the Official Zoning Map referred to in Article H of the
Zoning Ordinance of the Town of Leland, North Carolina," together with the date of
adoption of this ordinance.
The Official Zoning Map(s) shall be located in the Leland Town Hall and shall be the final
authority as to the current zoning status of land and water areas, buildings and other struc-
tures in the zoning jurisdiction of the Town of Leland.
See Pages 3A and 3B following this page.
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Town of Leland Zoning Ordinance
' Chapter 19 -Article 11- Page 3

' Section 19.17 Zoning Map Changes
' If, in accordance with Article XV of this ordinance, changes made in the zoning district
boundaries or other matter shown on the map shall be made with an entry on the map briefly
' describing the change and the date of the change.
' Section 19.18 Replacement of Official Zoning Map
' In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to
interpret, the Town Council 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 sig-
natures of the Mayor and the Town Clerk and shall bear the seal of the Town under the fol-
lowing words: "This is the certify that this Official Zoning Map supersedes and re-
places the Official Zoning Map adopted on (date of adoption of map replaced)" -
together with the date of the adoption of the new map.
' Section 19.19 Responsibility for Maintenance of the Official Zoning Map
' The Code Enforcement Administrator shall be responsible for the maintenance of the
revision of the official zoning map. Upon notification by the Town Council that a zoning
change has been made, the Code Enforcement Officer shall make the necessary changes on
the office zoning map within twenty-four (24) hours following notification.
Section 19.20 Rules for Interpretadon of Zoning DisMd Boundaries
Where uncertainty exists with respect to the boundaries of any of the districts as shown on
the "Official Zoning Map of the Town of Leland, North Carolina" the following rules shall
apply:
1. Boundaries indicated as approximately following the centerline of streets, highways,
alleys, or railroads shall be construed to follow such centerline;
2. Boundaries indicated as approximately following platted lot lines shall be construed
as following such lot lines;
Town of Leland Zoning Ordinance
Chapter 19 -Article d - Page 4

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' Section 19.20 Rules for Interpretation of Zoning District Boundaries cant
3. Boundaries indicated as following shorelines shall be construed to follow such
shorelines, and in the event of change in the shoreline shall be construed as moving
with the actual shoreline; boundaries indicated as approximately following the cen- O
terline of streams, rivers, canals, lakes or other bodies of water shall be construed to N
follow such centerline; 1-4
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4. Boundaries indicated as parallel to or extensions of features indicated in Subsection
' 1 through 3 above shall be so construed. Distances not specifically indicated on the >~
official zoning map shall be determined by the scale of the map; •
5. Where physical or cultural features existing on the ground are at variance with those C
shown on the official zoning map, or in circumstances not covered by Subsections 1 $-+
through 4 above, the Leland Town Council shall interpret the district boundaries; Pi
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' 6. Where a district boundary line divides a lot which was in single ownership at the M
time of passage of this ordinance, the Leland Town Council may permit, as a special ,
' use, the extension of the regulations for either portion of the lot. In addition, the re-
maining parcel shall not be less than the minimum required for the district in which M
it is located. Q
Section 19.21-19.30 Reserved
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Town of Leland Zoning Ordinance
' Chapter 19 -Article II- Page 5

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' Section 19 31 General Interpretation
' For the purpose of interpreting this ordinance, certain words and terms used are defined in
' this section. Except as defined in this section all other words used in this ordinance shall
have their standard dictionary definition. For general interpretation the following shall ap-
ply in all uses and cases in this ordinance:
' 1. Words used in the present tense include the future tense and the future tense
includes the present tense. Words used in the singular number include the plural
' number and the plural number includes the singular number.
2. The words "shall" and "will" are mandatory and not discretionary.
' 3. The words "may" and "should" are permissive.
' 4. The word "lot" includes the words "plots", "parcel", or "tract".
' 5. The word "used" or "occupied" as applied to any land or building shall be
construed to imply that said land or building is in actual use or occupancy and shall
be construed to include the words "intended", "arranged" or "designed" to be used
' or occupied.
6. The word "map" or "zoning map" shall mean the official zoning map of the Town of
' Leland, North Carolina.
7. The word "ordinance" or "regulations" shall mean this Zoning Ordinance including
any amendment. Whenever the effective date of the ordinance is referred to, the
reference includes the effective date of any amendment to it.
' 8. The word "street" includes the word "alley", "avenue" "road", "cul-de-sac",
"highway", "thoroughfare", "lam", "drive", or "courts whether designated as
public or private.
9. The word "includes" shall not limit the term to specified examples, but is intended
to extend its meaning to all other instances or circumstances of hike kind or
character.
' 10. The word "person" includes a firm, association, organization, partnership, trust,
company or corporation as well as individual
Town of Leland Zoning Ordinance
' Chapter 19 -Article Ill - Page 6

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Section 19.32 Word and Term Definitions
Accessory Apartments. An accessory apartment is a self-contained dwelling
unit incorporated within an existing structure for a single family.
2. Accessory structures/use. A structure or use on the same lot with, and of a nature
customarily incidental and subordinate to, the principal structure or use (including but
not limited to pump houses, tool sheds, detached garages, storage sheds, garage
apartments, swimming pools, etc.)
3. Adult bookstore. An establishment having as a substantial and significant
portion of its stock in trade, books, magazines and other periodicals, and motion pic-
ture films which are distinguished or characterized by their emphasis on matter depict-
ing, describing or relating to specified sexual activities or specific anatomical areas, as
defined in this chapter, or any establishment trading in such books, magazines or other
periodicals or motion picture films which limits its customers to persons over eighteen
(18) years of age.
4. Topless Bar or Nude Bar. A commercial enterprise open to the general public
without fee or by payment of a "cover charge" or "membership fee" and licensed to
sell any alcoholic beverages, providing personal services such as bartenders or wait-
ers/waitresses or entertainment by paid employees, customers or unpaid participants
which involve exposure completely, or less than completely or opaquely covered, of
(a) human genitals, pubic region (b) buttock, or(c) female breasts below a point imme-
diately above the top of the areole.
5. Adult Day Care Facility. An Adult Day Care Facility is a center or place oper-
ated by a person, corporation, organization or association which receives a payment,
fee or grant for the care of more than five (5), but not more than fifty (50) adults,
eighteen (18) years of age or more for more than four (4) hours per day, but not to
exceed twenty-four hours at one time. Services must be provided in a home or facility
certified to meet State standards and shall be provided for the following individuals:
A. Adults who do not need nursing care but who require complete, full-time
daytime supervision;
B. Adults who need assistance with activities of daily living in order to maintain
themselves in their own homes; and
C. Adults who need intervention in the form of enrichment and opportunities
for social activities in order to prevent deterioration that would lead to institu-
tionalization.
' 6. Adult establishment. An adult bookstore, adult motion picture theater, adult
bar, nude bar or a massage business as defined in this ordinance.
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Town of Leland Zoning Ordinance
Chapter 19 - Article III - Page 7

' Section 19.32 Word and Term Definitions continued
7. Adult motion picture theater. An enclosed building or drive in facility used for
' presenting motion pictures distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or specified anatomical
areas, as defined in this chapter, for observation by patrons therein, or an establish-
ment used for presentation of such motion pictures which limits its customers to per-
' sons over eighteen (18) years of age.
8. Alley. A strip of land owned publicly or privately, set aside primarily for vehicular
service access to the rear or side of property otherwise fronting on a street of a
higher classification.
' 9. Antenna. Any accessory structure which shall be one, or any combination of the
following:
' A- Dish antenna, CBs and shortwave antenna, whose purpose is to receive
communications of other signals from orbiting satellites and/or other extrater-
restrial sources;
' B. A low noise amplifier which is situated at the focal point of the receiving
component and whose purpose is to magnify of transfer signals.
' 10. Apartment. A room, or suite of two or more rooms, which is designed or intended
for occupancy by, or which is occupied by, one family.
11. Automotive care center. Two or more automotive care uses planned and con-
structed as a single unit, where the following uses and activities associated with each
' would be permitted:
A. Auto parts store;
B. Muffler shop;
' C. Transmission shop;
D. Tune-up shop
E. Lubrication shop
' F. Auto trim and details shop
G. Tire store with service (including alignment);
H. Brake shop
' Uses permitted do not include major mechanical and body work, straightening of
body parts, storage of automobiles not in operating condition, or other work involv-
ing noise, glare, fumes, smoke, or other characteristics to an extent greater than nor-
mally found in facilities of this type. An automotive care center could also be a garage for
' the general repair of automobiles.
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Town of Leland Zoning Ordinance
' Chapter 19 -Article III - Page 8

' Section 19.32 Word and Term Dy7nidons continued
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12. Bed and Breakfast. A home occupation defined as a form of guest lodging in
which bedrooms are rented and breakfast is served. Bed and breakfast accommoda-
tions may only be provided in buildings principally used as private residences, or in
accessory structures meeting the requirements of this Ordinance. The term is in-
tended to describe the offering of temporary lodging in a private home having archi-
tectural and historic interest, rather than the provision of food service or the offering
of facilities for long-term occupancy, such as provided by boarding houses, inns, and
similar guest lodging.
13. Boarding House or Rooming House. A dwelling of which more than three (3)
persons either individually or as families that are lodged or housed for compensation
with or without meals. A rooming house or a furnished rooming house shall be
termed a boarding house.
14. Boat Building.
15. Buffers.
16. Building. Means any structure enclosed and isolated by exterior walls constructed
or used for residence, business, industry or other public or private purposes.
17. Building, accessory. Means a subordinate building, the use of which is incidental to
that of a principal building on the same lot or accessory thereto, and including tents,
lunch wagons, dining cars, traders, fences, greenhouses, and similar structures whether sta-
tionary or movable.
18. Building Inspector. See definition No. 29.
19. Building line The line, established bylaw, beyond which a building shall not ex-
tend, except as specifically provided by law.
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Town of Leland Zoning Ordinance
Chapter 19 -Article Ill - Page 9

Section 19.32 Word and Term Definitions continued
' 20. Building, principal. Means a budding in which is conducted the principal use of the
lot on which it is situated. In any residential district any structure containing a
' dwelling unit shall be deemed to be the principal building on the lot on which the
same is situated.
21. Business Residence. Means a residential unit contained within a principal use, pro-
vided that:
A. The residential unit may be occupied solely by the person engaged in the
principal use or a fiill-time employee, and their family members residing with
them; and
' B. The site shall provide an area of open space unobstructed by any buildings,
parking or structures equal to the total floor area of the residential unit; and
' C. The amount of floor area for the residential unit shall be not more than fifty
(50) percent of the total floor area of the principal use; and
D. The residential unit shall be located totally above the ground floor or totally
to the area of the principal use so as not to interrupt the commercial frontage;
and
' E. In addition to the required off-street parking for the principal use, two (2)
off-street parking spaces shall be provided for the residential unit.
' 22. Camp. The term "camp" shall include those organized camp establishments which
provided food, or lodging accommodations or cabins for groups of children or adults
engaged in organized recreational or educational programs. The term may include
' special program emphasis such as horseback riding, conservation, music, or sports.
The term "camp" shall not include trailer or mobile home courts, migrant labor camps
and travel -trader parks.
23. Cattle. Animals of the ox family raised for meat, milk or hides. They are designated
as cows, bulls, steers, heifers, calves and oxen.
' 24. Certificate of Occupancy/Compliance. A statement signed by an administrative
' officer authorized by the Leland Town Council setting forth that the building struc-
ture, or use complies with the Zoning Ordinance, and that the same may be used for
the purpose stated herein.
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Town of Leland Zoning Ordinance
' Chapter 19 -Article LI - Page 10

ISection 19.32 Word and Term Definitions continued
' 25. Certiorari. An appellate proceeding which bring into superior court or other appro-
priate forum the record of administrative, judicial or quasi-judicial actions for the pur-
pose of either re-examining the action taken by the inferior body to determine the ap-
propriateness of said action or to obtain further information in the pending case.
' 26. Chicken Hatchery. Any establishment that operates hatchery equipment for the
production of baby chicks or poults for sale either wholesale or retail and a hatching
eggs dealer, chick by hatching egg, baby chicks or turkey pouhs and sells or offers
them for sale. The term "mixed chicks" or "assorted chicks" shall mean chicks pro-
duced from egg from purebred females of a distinct breed marked to a purebred male
of a distinct breed.
' 27. Child day care center. A place operated by a person, corporation, organization or
association which receives a payment, fee or grant for the care of more than five chil-
dren. This definition shall include a facility for the care and/or education of pre-
school children, to include kindergartens.
' 28. Child day care home. A home or facility where in at least two but not more
than five children receive care away from their own home by persons other than their
own parents, legal guardians or relatives within the fourth degree of kinship, on a
regular basis more than once per week for more than four hours per day. The facility
must operate 12 hours per day or less. All children other than the children of the op-
erator must be counted. Child day care homes shall be considered a home occupa-
tion. The operator of the home must reside on the premises. The home must meet
applicable requirements of the North Carolina State Building Code and must have a
fence of at least four feet in height surrounding any play area provided for the chil-
dren. A sign advertising the home not exceeding one square foot in size shall be per-
mitted. The operation of the home shall comply with all Federal, State and local
codes and shall be permitted by right in all residential districts.
29. Church. A building or buildings used by persons who regularly assemble for a reli-
gious worship and which is maintained and controlled by a religious body organized
to sustain public or private worship.
' 30. Club or lodge (private). An establishment operated by a corporation or associa-
tion of persons for social, recreational, fraternal or charitable purposes, but which is
' not operated for profit or to render a service which is customarily conducted as a
business.
Town of Leland Zoning Ordinance
' Chapter 19 - Article L4- Page 11
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Section 19.32 Word and Term Definitions continued
31. Code Enforcement Administrator. (synonymous with Zoning Officer, Code En-
forcement Officer, Enforcement Officer, Zoning Administrator, etc.) The town -
appointed official responsible for the enforcement of this ordinance and for the re-
view of building permit applications to ensure compliance with the provisions of
thisordinance and any other assigned codes or local laws.
32. Common open space. A parcel or parcels of land or an area of water or a combi-
nation of both land and water within the boundaries of the development, which is
designated and intended for the leisure and recreational use of the areas. Common
open space shall be substantially free of structures, but may contain such improve-
ments as are in the plan as finally approved and are appropriate for the benefit of resi-
dents of the development.
' 33. Community Center A new or existing facility that is owned or operated by a non-
profit group from the community for non-commercial activity.
'
34.
Condominium (unit ownership) development. Means real estate, portions of
which are designated for separate ownership and the remainder of which is desig-
nated for common ownership solely by the owners of those portions, organized and
recorded in compliance with the North Carolina Condominium Act (or its predeces-
sor, the North Carolina Unit Ownership Act). Real estate is not a condominium un-
less the undivided interests in the common elements are vested in the unit owners.
35.
Contractor, General. One who is engaged in all or most aspects of building con-
struction and/or land development through a legal agreement.
36.
Contractor, Trades. One who accomplishes work or provides facilities under contract
with another specifically engaged in a special trade such as plumbing, heating, wiring, sheet
metal roofing work, etc.
37.
Convalescent Home. A facility having over five beds meeting all of the require-
ments of the State of North Carolina for boarding and care of persons who cannot care for
themselves.
38.
Convenient food store. A structure in which food stuffs, beverages, pharmaceuti-
cals, small household supplies and small personal items are retailed, provided that the
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gross floor area of the structure shall not exceed three thousand five hundred (3,500)
square feet. Commonly a neighborhood grocery- type of store selling personal goods
and wares that typically can be hand -carried from the premises by the buyer.
'
39.
Conversions. A conversions is the modification of an existing residential structure to
increase its density by one or more housing units.
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Town of Leland Zoning Ordinance
'
Chapter 19 - Article III - Page 12
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' Section 19.32 Word and Term Definitions continued
' 40. Curb. A structural element at the edge of an existing or proposed street or other
' way, generally at a higher elevation than the adjacent edge of roadway, installed to
deter vehicles and water from leaving the roadway, to otherwise control drainage, to
delineate the edge of existing or future roadways or driveways, to present a more fin-
ished appearance to the street, to assist in the orderly development of the roadside
and to contribute to the stability and structural integrity of the pavement.
41. Dormitory, private. A type of residential accommodation which is characterized
' by a direct or indirect association with a particular educational, religious or corporate
institution and by full-time, on -premise management. Dormitories may contain re-
' stroom and cooking facilities within the individual units of accommodation
(apartment format) and/or within common areas outside the individual units of ac-
commodation (boarding house format). A unit of accommodation may therefore be
' an apartment or a suite containing up to six (6) sleeping quarters (apartment format),
or it may be each separate sleeping quarters (boarding house format). A private dor-
mitory is not a housing unit; in that it permits the sharing of an individual residential
structure or unit by more than three (3) persons unrelated by blood or marriage.
42. Drive -up bank teller facility. A device designed to permit access to bank teller
services by persons in automobiles. --
' 43. Driveway, private. The area outside a street intended to serve as ingress and/or
egress for vehicular traffic between the street property line and an off-street parking
area outside the street.
' 44. Driveway, public. The area between the roadbed of a public street and other prop-
erty, designed for, or installed, serving as ingress and/or egress for vehicular traffic
' between such roadbed or traveled portion of the street and an off-street parking area
or private driveway.
' 45. Drystack boat storage. A dry dock boat storage facility associated with commer-
cial marinas.
' 46. Dwelling unit. Means a house or other structures or a portion of any building or
structure designed, arranged and used for living quarters for one (1) or more persons
' living as a single housekeeping unit with cooking facilities, but not including units in
hotels or other structures designed for transient residence. (See "Housing types").
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1 Chapter 19 - Article Ill - Page 13

Section 19.32 Word and Term Definitions continued
47. Exterior architectural feature. The architectural style, general design and gen-
eral arrangements of the exterior of a building or other structures including the
' kind, texture and color of the building materials, the size and scale of the building,
and the type and style of all windows, doors, light fixtures, signs and other appur-
tenant features.
48. Family. One (1) or more persons related by blood, adoption or marriage, living and cook-
ing together as a single housekeeping unit in a dwelling unit, exclusive of household ser-
vants. For purpose of this chapter a number of persons but not exceeding two (2) separate
from and in addition to the persons related by blood, adoption or marriage, may live and
' cook together as a single housekeeping unit in a dwelling unit although they are not all re-
lated by blood adoption or marriage and shall be deemed to constitute a Family. Pro-
vided, however, that this definition does not include congregate residential care f t-
cilities including family care and group care facilities; foster homes for children;
homes for the aged and infirm; fammly care homes for the aged and infirm; day care
facilities including day care centers and Emily day care homes; shelter homes for
' children and/or families including foster shelter homes and group shelter homes,
adult day care centers; day nurseries; preschool centers; hospitals; nursing homes
' sanitariums; and dormitories and fraternal organizations if otherwise defined or pro-
vided for in other sections of this chapter.
49. Family carehome. A home with support and supervisory personnel that provides
room and board, personal care and habitation services in a family environment for
not more than six (6) resident handicapped persons.
50. Family day care center. An occupied dwelling in which the occupant provides
preschool instruction or daytime care to I to 5 children not related by blood or mar-
riage, or not the legal wards or foster children of, the attendant adult.
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51. Farm. A bona fide farm is defined as any tract of land containing at least three (3)
acres which are used for the dairying or the raising of agricultural products, forest
products, livestock or poultry, and including facilities for the sale of such products
on the premises where they were produced.
52. Farmers market. An establishment primarily engaged in the retail sale of solely
fresh fruits and fresh vegetables and articles which are home crafted. Such uses are
typically found in public or municipal markets.
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Chapter 19 -Article 111- Page 14

Section 19.32 Word and Terns Definitions continued
53. Flea markets and rummage sales. Means building or open areas in which stalls or
sales areas are set aside, and rented or otherwise provided, and which are intended for
' use by various unrelated individuals to sell articles which are either homemade, home-
grown, homecratied, old, obsolete or antique and may include the selling of retail
goods by businesses or individuals who are generally or traditionally engaged in retail
trade.
' 54. Fraternity or sorority house. A building occupied by and maintained exclusively
for college or university students who are affiliated with a social, honorary or profes-
sional organization which is chartered by a national fi-atemal or sororal order and
which is so recognized by the college or other institution of higher education.
55. Fuel pump island. Any devices or group of devices used for dispensing motor fuel
or similar petroleum products to the general public.
' 56. Garage apartment. A detached accessory or subordinate building to an existing sin-
gle family dwelling, containing living facilities for not more than one family and having
sufficient area for one (1) parked automobile.
' 57. Garage, private. A building or 'pace used as an accessory to or a part of a princi-
pal building permitted in any residential district, and providing for the storage of mo-
tor vehicles and in which no business, occupation or service for profit is conducted.
58. Garage, public. Any building or premises, except those descn'bed as a private
garage, used for the storage or care of motor vehicles, or where any such vehicles are
equipped for operation, repaired or kept for hire or sale.
' 59. Government building, use or facility. A use of land and/or buildings by the Town,
County, State or Federal governments or their subunits for the use and benefit of the
' public citizens. This definition does not include uses such as a sanitary land fill, or sim-
ilar uses which create substantial noise, dust, odor, smoke or similar noxious effects.
Examples of uses falling within the definition, are, but not limited to the following: fire
' and rescue departments, schools, parks, recreational buildings, community centers, of-
fice buildings, and recreational facilities.
60. Group homes. A facility licensed by the appropriate state agency, a facility for
' unrelated individuals excluding supervisory personnel who are handicapped, aged or
disabled and are undergoing rehabilitation, or extended care, and are provided services
to meet their specific needs. This category includes group homes for all ages, halfway
' houses, foster and boarding homes.
Town of Leland Zoning Ordinance
' Chapter 19 -Article III - Page 15

Section 19.32 Word and Term Definitions continued
61. Guestlodging. Premise in which rooms are rented, with or without board, on a fee
' basis to permanent or transient guests; provided all accessory services, such as dining
rooms, shall be available to such guests only and not open to the general public.
' 62. Handicapped person. A person with a temporary or permanent physical, emotional
or mental disability including but not limited to mental retardation, cerebral palsy,
' epilepsy, autism, hearing and sight impairments, emotional disturbances or orthopedic
impairments, but not including mentally ill persons who are dangerous to others as de-
fined in G.S. Section 122-58.2(1)b.
' 63. Health spas. A commercial enterprise, private club, or business establishment for the
purpose of providing an indoor facility for physical exercise with the use of athletic
' equipment and accessory services. The term "health spa" includes private exercise
clubs, figure salons or health clubs. If applicable, such establishments shall be subject
to the Town of Leland ordinance regulating massage parlors.
' 64. Historic area. An area which may be designated by the Town of Leland and which
may be delineated upon a map adopted by the Town Council and on file at the Town
Hall
65. Historic District. An area which maybe designated by the Town of Leland and
which may be deemed to be of special significance in terms of history, architecture
and/or culture, and found to possess integrity of design, setting, materials, feelings and
association. The boundaries of the Historic District may be delineated upon the zoning
' map, a part of the zoning ordinance of the Town of Leland.
66. Historic District Commission. Aboard composed of members qualified by special
interest, experience or education in history, architecture or other related areas, who
would have jurisdiction in accordance with this ordinance over all properties within a
' Historic District and/or Historic District Overlay.
67. Historic District -Overlay. An area which may be designated by the Town of Le-
land which may be deemed to be of special significance in terms of history, architec-
ture and/or culture, and to have been found to possess integrity of design, setting,
materials, feeling and association A Historic District -Overlay is a district which would
' overlap with other zoning districts established by this ordinance. The boundaries of
the Historic District -Overlay would be delineated upon the zoning map, a part of the
zoning ordinance of the Town of Leland.
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' Chapter 19 -Article UI - Page 16

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Section 19 32 Word and Term Definitions continued
68. Hogs, Pigs and Swine. Four footed domesticated animal with a stout, heavy body,
' cloven hoofs, and a broad snout raised for its meat or kept as a pet.
69. Home care unit. A facility meeting all the requirements of the State of North Car-
olina for boarding and care of not more than five (5) persons who are not critically ill
and do not need professional medical attention to include homes for the aged.
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70. Home occupation. Certain occupations customarily conducted for profit within a
dwelling and carried on by the occupancy thereof, which use is clearly subordinate to
the use of dwelling for residential purpose - limitations are prescribed in this ordi-
nance to insure against the growth of a home occupation into a commercial enterprise.
71. Hotel (motel). A building providing sleeping accommodations commonly available
on a daily basis for pay to transient or permanent guests or tenants, in six (6) or more
rooms. Dining rooms, restaurants or cafes, if existing shall be conducted in the same
budding or buildings in connection therewith.
72. Housing types.
A Single family detached. A structure other than a mobile home containing
one (1) housing unit only.
B. Multiple family. A structure containing five (5) or more housing units, none
of which are available for rental periods of less than one (1) month
C. Duplex. A structure containing two (2) housing units only.
D. Triplex. A structure containing three (3) housing units only
E. Quadraplex. A structure containing four (4) housing units only.
F. Zero lot line housing unit. A single family detached housing unit placed on a
lot such that a windowless wall is placed on one side property line and the
footage required for two (2) side yards is placed on the other side property
line as the total side yard requirement for the lot.
Town of Leland Zoning Ordinance
Chapter 19 -Article Ill- Page 17

Section 19.32 Word and Term Definitions continued
' 73. Low income/elderly. Housing provided solely for the residential use of one or both
' of the following group of persons:
A. Low income families. Families (as defined herein) whose income is below
' eighty percent (801/4) of the Brunswick County median family income as deter-
mined by the U.S. Department of Housing and Urban Development.
' B. Elderly persons. Persons who are 62 years of age or older.
' 74. Housing unit (dwelling unit). One (1) or more rooms together, constituting a sepa-
rate, independent housekeeping establishment for owner occupancy, or rental or lease
on a weekly or longer basis, and physically separated from any other housing unit
' which may be in the same structure, and containing independent cooking and sleeping
facilities for not more than one (1) family.
' 75. Improved landscape. Gardens, parks, parking lots or any other proposed outside
improvements mchrding any planned vegetation, public street f imiture, masonry
walls, fences, light fixtures, steps and pavements or other appurtenant features.
' 76. Junkyard. An establishment fof'storing, keeping buying or selling of junk. "Junk"
shall be defined as old or scrap copper, brass, rope, rags, batteries, paper, trash, rub-
ber or discarded, dismantled or wrecked automobiles, or parts thereof, iron, steel and
other old or scrap ferrous or nonferrous material.
' 77. Kennels.
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A. Kennel. Commercial: A place or facility established to house, board on a
long- or short-term basis, breed, handle, train or otherwise keep or care for
dogs belonging to the owner or occupant of the property, customer, patrons,
or others, or lost or strayed animals, for compensation or as a humanitarian
gesture.
B. Kennel. Private: A place or facility where five or less dogs over four
months of age are maintained by the owner or occupant of the property for the
owner's personal enjoyment, hobby or sport, whether or not for compensa-
tion.
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Chapter 19 -Article M- Page 18

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Section 19.32 Word and Term Definitions continued
78. Loading space, off street. Space for bulk pickups and deliveries, scaled to delivery
vehicles and accessible to such vehicles at all times even 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.
79. Lot. A lot is a parcel of land of at least sufficient size to meet minimum zoning
requirements for use, coverage, and area, and to provide such yards and other open
spaces as are herein required. Such lot shall have frontage on an improved public
street, or on approved private street, except alleys, and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of (1) complete lots of record; or (2) complete lots of record
and portions of lots of record; or (3) portions of lots of record.
D. A parcel of land described by metes and bounds; provided that in no case of
division or combination shall any residual lot or parcel be created which does
not meet the requirements of this ordinance.
' 80. Lot Coverage. That portion of a lot occupied by a structure, either at ground
level or the equivalent thereto when a stricture is elevated on pilings.
' 81. Lot depth. The distance between the midpoints of straight limes connecting the
foremost points of the side lot lines in front and the rearmost points of the side lot
lines in the rear.
' 82. • Lot frontage. That portion of a lot abutting a street. For the purpose of determin-
ing your requirements on comer lots and through lots, all sides of a lot adjacent to
' streets shall be considered frontage, and yards shall be provided as indicated under
"yards" in this section. No lot shall front on an alley.
' 83. Lot fine. A lime dividing one lot from another, or from a street or other public
space.
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' Chapter 19 -Article III - Page 19

' Section 19.32 Word and Term Definitions continued
' 84. Lot of record. A lot which is a part of a subdivision recorded in the office of the
Brunswick County Register of Deeds, or a lot or parcel described by metes and
bounds, the description to which has been recorded in the office of the Brunswick
' County Register of Deeds.
85. Lot types. Terminology used in this ordinance with reference to corner lots, inte-
rior lots, reversed frontage lots and through lots, as further described below and
shown in Figure 1.
' A. • Corner lot (1). A lot located at the intersection of two (2) or more
streets. A lot abutting on a curved street or streets shall be considered a cor-
ner lot if straight lines drawn from the foremost points of the side lot lines to
the foremost point of the lot meet at an interior angle of less than one hun-
dred thirty-five (135) degrees. See lots marked (1) in the diagram.
' B. Interior lot (2). A lot other than a comer lot with only one frontage on a
street.
86. Lot width. The distance between the side lot lines as measured at the rear of the required
front yard, except for lots on the turning circle of cul-de-sacs; which shall be at least eighty
' (80) percent of the required lot width and maintain an average lot width between the front
and rear property lines of at least the minimum lot width for the zoning district in which the
lots are located. The width between side lot lines at the foremost points (where they intersect
' with the street line) shall be at least eighty (80) percent of the required lot width, except on
lots on the turning circle of cul-de-sacs.
' 87. Major and/or multi -unit development. Development consisting of :
A. Structures on a tract of two (2) acres or more, or
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B. Nonresidential structures having a total floor area of ten thousand (10,000)
square feet or more.
The developer shall submit a site plan. This definition shall not apply to detached
single and two-family housing units and uses customarily accessory thereto.
C. Through lot (3). A lot other than a comer lot with frontage on more than
one street. Through lots abutting two (2) streets may be referred to as dou-
ble frontage lots.
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Town of Leland Zoning Ordinance
Chapter 19 -Article III - Page 20

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Section 19.32 Word and Term Definitions continued
88. Manufactured Home Class A. A manufactured home constructed after July 1,
' 1976 that meets or exceeds the construction standards promulgated by the U.S. De-
partment of Housing and Urban Development that were in effect at the time of con-
struction and that satisfies the following additional criteria:
' A. The manufactured home has a length not exceeding four times its width, with
length measured along the longest axis and width measured at the narrowest
' part of the other axis.
B. Minimum square feet: No requirement to have a minimum amount of square
' feet.
C. The pitch of the roof of the manufactured home has a minimum vertical rise
of three feet for each twelve feet of horizontal run (3.0 feet and 12 feet) and
the roof is finished with a type of shingle that is commonly used in standard
residential construction;
' D. All roof structures shall provide an eave projection of no less than six (6)
inches, which may include a gutter;
' E. The exterior siding consists predominantly of vinyl or aluminum horizontal
lap siding (whose reflectivity does not exceed that of gloss white paint),
wood, or hardboard, comparable in composition, appearance and durability
' to the exterior siding commonly used in standard residential construction;
' F. The manufactured home is set up in accordance with the standards set by the North
Carolina Department of Insurance and a continuous, permanent masonry foundation
or masonry curtain wall or any other commercially approved siding including ma-
' sonry, aluminum or vinyl, unpierced except for required ventilation and access, is
installed under the perimeter of the manufactured home;
' G. Stairs, porches, entrance platforms, ramps and other means of entrance and
exit to and from the home shall be installed or constructed in accordance
with the standards set by the North Carolina Department of Insurance, at-
tached firmly to the primary structure and anchored securely to the ground,
and
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H. The moving bitch (detachable), wheels and axles, and transporting lights
have been removed.
Town of Leland Zoning Ordinance
Chapter 19 -Article Ill - Page 21

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' Section 19.32 Word and Term Definitions continued
' 89. Manufactured Home, Class B. A manufactured home constructed after July 1,
1976 that meets or exceeds the construction standards promulgated by the U.S. De-
partment of Housing and Urban Development that were in effect at the time of con-
struction, and that meet or exceed the following criteria:
A. The home has a minimum width of fourteen (14) feet;
B. The manufactured home is set up in accordance with the standards set by the North
Carolina Department of Insurance and a continuous, permanent masonry foundation
' or masonry curtain wall or any other commercially approved siding including ma-
sonry, aluminum or vinyl, unpierced except for required ventilation and ac-
cess, is installed under the perimeter of the manufactured home;
' C. Stairs, porches, entrance platforms, ramps and other means of entrance and
exit to and from the home shall be installed or constructed in accordance
' with the standards set by the North Carolina Department of Insurance, at-
tached firmly to the primary structure and anchored securely to the ground
and;
' D. The moving hitch (detachable), wheels and axles, and transporting lights
' have been removed
90. Manufactured Home, Class C. A manufactured home constructed after July 1,
' 1976 that meets or exceeds the construction standards promulgated by the U.S. De-
partment of Housing and Urban Development that were in effect at the time of con-
struction and that otherwise does not meet the definitional criteria of a Class A or
' Class B manufactured home.
91. Manufactured home park. A parcel of land, at least three acres, which has been
' planned and improved for the placement of two or more manufactured homes for dwelling
purposes. This definition shall not include mobile home or manufactured home sales lots on
which unoccupied mobile homes or manufactured homes are parked for the purposes of in-
spection and sale.
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' Chapter 19 - Article III - Page 22

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Section 19.32 Word and Term Definitions continued
92. Manufactured home space/lot. A parcel of land occupied or intended to be oc-
cupied by one, and only one manufactured home for the exclusive use of the occu-
pants of said manufactured home. Manufactured home space shall also mean a par-
cel of land in a manufactured home park, provided with the necessary utility connec-
tions, patio, and other appurtenances necessary for the erection thereon of only one
(1) manufactured home, and for the exclusive use of the occupants of said manufac-
tured home. This definition shall also apply to mobile home spaces.
93. Marina, Commercial. Any dock or basin and associated structures providing per-
manent or temporary commercial harboring more than 10 commercial and/or plea-
sure boats and providing services related to the facility including, but not limited to,
fuel sales, retail and food sales, dry stack boat storage, and other related services.
Pump out facilities are required at commercial marinas.
94. Marina Residential. A private, non-profit boating facility including, permanent or
temporary docks, piers and/or launching ramp planned for the harboring or storing
of nine or less boats on property having water frontage, the use of which is intended
to serve only the residents within an approved subdivision or planned unit develop-
ment. The right to use such facilityshall be conferred by an easement appurtenant to
the residential lots it is intended to serve. No commercial activities of any kind shall
be allowed within the confines of the facility, including but not limited to, drystack
boat storage, fuel sales, slip rentals and the like. Pump -out facilities shall be required
in accordance with Health Department regulations.
95. Massage business. Any establishment or business wherein massage is practiced includ-
ing establishments commonly known as health clubs, pbysical culture studios, massage stu-
dios or massage parlors. "Massage business" shall not include the practice of massage in a
regularly established and licensed hospital, sanitarium, nursing home, medical clinic,
or a nonprofit corporation operating under the name of YMCA (Young Men's
Christian Association) or YWCA Young Women's Christian Association) nor to the
practice of massage as carved out in the office or clinic operated by a duly qualified
and licensed medical practitioner or chiropractor in connection with his or her prac-
tice of medicine or chiropractic, provided that such massage business is conducted in
an office or clinic regularly used by such medical practitioner or chiropractor as the
principal location for the practice of medicine or chiropractic.
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Chapter 19 - Article III - Page 23

' Section 19.32 Word and Term Definitions continued
96. Mobile home. Mobile home shall mean a transportable structure designed to be
used as a year round residential dwelling and built prior to the enactment of the Fed-
eral Manufactured Housing Standards Act of 1974 which became effective June 15,
1976.
' 97. Mobile home and travel trailer park Any site or tract of land, upon which three
or more of either mobile home or travel trailer spaces are provided.
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98. Model unit marketing center. A model unit marketing center shall be defined as
a model unit, including model homes, manufactured and mobile homes and group
housing units located within a particular development project only. The model unit
shall be used for the marketing and sales of said approved development project only.
The model unit marketing center must be continuously marketed for sale as a resi-
dence. When the model unit is sold, the office may be relocated to another model
unit, but at no time shall more than one marketing center be used The placard shall
indicate only that the unit is the model unit/sales office. The model unit may display
a placard not exceeding four (4) square feet.
99. Modular home. A dwelling unit constructed in accordance with the standards set
forth in North Carolina State Building Code and composed of components substan-
tially assembled in a manufacturing plant and transported to the building site for final
assembly on a permanent foundation. Among other possibilities, a modular home
may consist of two or more sections transported to the site in a manner similar to a
manufactured home (except that the modular home meets the North Carolina State
Building Code), or a series of panels or room sections transported on a truck and
erected or joined together on the site. Once certified by the State, modular homes
shall be subject to the same standards as site -built homes.
100. Motel. See "hotel" definition.
101. Natural feature. Any outside landscape feature on the site such as, but not limited
to, trees, shrubs, or rock formations.
Town of Leland Zoning Ordinance
Chapter 19 -Article L11- Page 24

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' Section 19.32 Word and Tenn Definitions continued
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102. Nonconforming use. Any building or land lawfully occupied by a use on the effec-
tive date of this ordinance or amendment hereto which does not conform after the
passage of this ordinance or amendment with the use requirements of the district in
which it is situated.
103. Normal maintenance and repair. Means routine repair, replacement or mainte-
nance of electrical or mechanical installations or of damaged or worn parts or sur-
faces, including such activities as painting, landscaping and treatment of architectural
features which do not involve a change in design, material or outer appearance
thereof.
104. Open Storage. The keeping, in an unroofed area, of items for more than 24 hours.
105. Overhead canopy. Any structure placed over, around or near a fuel pump island
or drive -up bank teller facility and intend to provide lighting and/or protection from
the elements for fuel pump island or drive -up bank teller facility users.
' 106. Parking facility. Any area, either open or enclosed, structural or natural, for the storage
of a vehicle or vehicles. Each parking'facility shall have an approved means of ingress and
egress. A parking lot is a subclassification of a parking facility as is defined as follows:
' Parking Lot. An open area, outside of the public right-of-way, for the storage of a
vehicle or vehicles. The term "parking area" shall be included in this definition. Each
' parking lot shall have an approved means of ingress and egress, Handicapped Park-
ing will be in accordance with North Carolina G.S. 20-37.5 and 37.6.
' 1057. Parking space, off-street. An adequate size space for parking a vehicle with room
for opening doors on both sides, proper access to streets and adequate maneuvering
room
' 108. Parks. The term "park" shall include those areas developed for both passive and ac-
tive recreational activities, The development may include but shall not be limited to
' walkways, benches open fields, multi -use courts, swimming and wading pools, am-
phitheaters, etc. The term `park" may also include those areas associated with his-
tory, tradition, or cultural heritage of national state, or local interest. The term
"park" shall not include zoos, mobile/manufactured parks, travel -trailer parks and
amusement parks.
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Town of Leland Zoning Ordinance
' Chapter 19 - Article LU- Page 25
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'
Section 19 32 Word and Term Definitions continued
109.
Patio Home. A single Family detached unit in a totally planned development where
'
open space is provided to offset smaller lots for such home.
'
110.
Personal property. Property owned, utilized and maintained by an individual or
members of his or her residence and acquired in the normal course of living in or
maintaining a residence. It does not include merchandise which was purchased for
'
resale or obtained on consignment.
111.
Planned unit development. A mixed use land development project planned as a
single development by means of a unitary site plan. This permits flexibility in build-
'
ing site, mixtures in building types and land uses, usable open space, and the preser-
vation of significant natural features.
112.
Planning Board. A body appointed by Town Council in accordance with Ordi-
nance dated December 5, 1991.
'
113.
Planning department. The town of Leland Planning Department, if one is estab-
lished.
114.
Principal building or structure. A building or structure containing the principal
'
use of the lot, including any land area necessitated by the character of the principal
use (e.g., outside storage) for its complete operation, excluding off-street parking.
'
115.
Principal use. The primary purpose or fimction that a lot serves or is intended to
serve according to its zoning classification.
116.
Residential care. Establishments primarily engaged in the provision of residential,
social and personal care for children, the aged and special categories ofpersons with
some limits on ability for self -care but where medical care is not a major element:
'
such as adult day care facility, home for the aged and infirm and other similar resi-
dential care uses not otherwise defined in this section.
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Chapter 19 -Article Ill - Page 26

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Section 19.32 Word and Term Definitions continued
117. Residential hotel. A building or group of buildings providing lodging for persons,
with or without meals, and intended and used for the accommodation of transient
lodgers in suites designed in such a fashion that reflects the intended use for tran-
sient lodgers and not for permanent residential accommodation. Suites may have one
or more rooms in addition to bathrooms, water closet compartment, laundry, pantry,
foyer, communicating corridor, closets or any dining alcove. Kitchen area separate
from the living or sleeping areas shall be provided and cooking may be done only in
the kitchen area The definition of residential hotels shall not include housing units as
hotels, such as maid, desk and laundry service.
118. Restaurant. An establishment whose principal business is the sale of foods, frozen
desserts, or beverages to a customer in a ready -to -consume state, and whose design
and principal method of operation determines its classification as follows:
A. Standard. (1) Customers are provided with an individual menu and served
by an employee at the same table or counter at the same table or counter at
which their food and/or beverages are consumed; or (2) a cafeteria -type of
operation where foods and/or beverages generally are consumed within the
restaurant.
B. Carry -out. (1) Foods and/or beverages may be served in edible containers
or in paper, plastic or other disposable containers by an employee at a stand-
ing counter or drive-in window; and (2) consumption is normally off the
premises, but may be allowed within a motor vehicle parked on the premises,
or at other facilities on the premises outside the principal building.
C. Fast-food. Same as "carry -out," includes allowing consumption within the
principal building.
119. Sales offices, off -premises; (branch). In addition to maintaining inventories of
goods; physically assembling, and grading goods in large lots; breaking bulk; deliv-
ery; and various types of promotion, such as advertising, a wholesaler or distributor
may establish offices and other supportive areas for the use of personnel primarily
employed for off -premises sales and other administrative or managerial needs. On -
premises retail sales as the principal use, is not included in this classification. Off-
street parking for this portion of the building shall be calculated independently of any
other use of the same structure.
Town of Leland Zoning Ordinance
Chapter 19 - Article LU- Page 27
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Section 19.32 Word and Term Definitions continued
120. Sanitary Landfill. An approved excavated site, which meets all of the required
County, State, and/or Federal environmental and health regulations and which serves
as a depository for solid waste material including trash, construction debris,
branches and limbs, garage and non -toxic, non-bazardous industrial waste.
121. Scrap processor. An establishment or place of business in a fix location utilizing
machinery and equipment for processing and manufacturing iron, steel or nonferrous
metallic scrap iron into prepared grades and whose principal product is scrap iron,
scrap steel or nonferrous metallic scrap for sale for remelting purposes.
122. Screening buffer. A permanent physical barrier, as required in this chapter con-
sisting of living or nonliving materials or a combination thereof for the separation of
uses according to the requirements outlined in each district or special use.
123. Service station. Buildings and premises where gasoline, oil, grease, batteries, tires,
and automobile accessories may be supplied and dispensed at retail. Uses permitted
at a 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, fumes, smoke, or other characteristics to an ex-
tent greater than normally found in service stations. A service station is not a repair
garage, body shop, or a trim shop.
124. Shopping center. Three (3) or more commercial establishments, containing
twenty-five thousand (25,000) square feet of gross floor area, planned and con-
structed as a single unit with off-street parking and loading facilities provided on the
property. Shopping centers are related in location, size and type of uses to the trade
area which they serve and are considered as such at the owner's discretion. This defi-
nition includes malls, commercial plazas and community shopping areas.
125. SIC Manual, Standard Industrial Classification Manual. A publication of the
federal government which classifies industrial, commercial and professional estab-
lishments according to the type of activity in which they are engaged Uses listed in
this chapter are classified according to SIC groupings.
126. Sludge. Shall mean any solid, semi -solid, or liquid waste generated from a residen-
tial, commercial, municipal, or industrial wastewater treatment plant or water supply
treatment plants not considered to be hazardous Waste Branch. Sludge shall be con-
sidered to be that waste which has been treated by a process to significantly reduce
pathogens.
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Chapter 19 -Article LIT - Page 28

' Section 19.32 Word and Term Definitions continued
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127. Small Office/Commercial Center. Two or more office or commercial establish-
ments containing no more than a total of 24,999 square feet of gross floor area
which are planned and constructed as a single unit, but not necessarily as a single
building, with off street parking and loading facilities provided on the site.
128. Special congregate facilities. Congregate facilities characterized by a clientele
composed of persons who do not possess personal automobiles to assist them in
their daily transportation throughout the Town and its vicinity. Such facilities may
include indigent care, shelter, and housing facilities, hotels, and other similar facili-
ties.
129. Special use. A use that would not be an appropriate general use without restriction
or review in a particular zoning district, but which, if controlled as to number, area,
location of relation to surrounding uses, would promote the public health, safety or
general welfare.
130. Specified anatomical areas. Defined as follows:
A. Less than completely and opaquely covered:
(1) Human genitals, pubic region,
(2) Buttock; and
(3) Female breasts below a point immediately above the top
of the areole; and
B. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
131. Specified sexual activities. Defined as follows:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse or sodomy;
C. Fondling or other erotic touching of human genitals, pubic region, buttock or
female breast.
61
Town of Leland Zoning Ordinance
Chapter 19 -Article III - Page 29

tSection 19.32 Word and Term Definitions continued
132. Stables (private). Private stables shall mean a stable designed to house horses
with capacity for not more than two (2) horses, provided, however, that a private
stable may exceed a two horse capacity if the premises whereon such stable is situ-
ated contains an area of not less than forty four thousand one hundred (44, 100)
square feet for each horse accommodated.
' 133. Story. That portion of a building between the surface of any floor and the floor or
roof above it. The following are considered stories:
' A. Me=anine, if it exceeds one-third of the total floor area of the story immedi-
ately below it;
' B. Penthouse, if it exceeds one-third of the total area of the roof,
C. Basement, if subdivided and used for dwelling or business purposes.
' 134. Street classifications. Determined in accordance with the following definitions:
' A. Freeway. A major thoroughfare that is a divided street or road and serves
through traffic with full control of access and with grade separations at inter-
sections.
B. Major thoroughfare (arterial). Major streets that provide for the expedi-
tious movement of volumes of traffic within and through urban areas.
C. Minor thoroughfares (collectors). Perform the fimction of collecting traf-
fic from local access streets and carrying it to the major thoroughfare system.
They may supplement the major thoroughfare system by facilitating minor
through traffic movement and may also serve abutting property.
D. Local street (minor). A street that serves primarily to provide direct ac-
cess to abutting property. It offers the lowest level of mobility and through
' traffic is usually deliberately discouraged.
' E. Marginal access streets (frontage road). Streets that are parallel to and
adjacent to major streets and highways and provide access to abutting prop-
erties and protection from through traffic.
' F. Cul-de-sac. A street designed to have one (1) end permanently closed; the
closed end terminated by a vehicular turnaround.
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' Chapter 19 -Article III - Page 30

' Section 19.32 Word and Term Definitions continued
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135. Street line. The right-of-way boundary of a street.
136. Street types.
A. Public street. A right-of-way for vehicular traffic dedicated and accepted
by the North Carolina Department of Transportation or the Town of Leland
for public use.
B. Private Street. A right-of-way for vehicular traffic which is constructed to
acceptable public street standards for the Town of Leland and dedicated to a
select portion of the public. The responsibility for the maintenance of a pri-
vate street shall be by an established owners association or other private
property owner legal agreements.
137. Structure. Anything constructed or erected with a fixed location on the ground or
attached to something having a fixed location on the ground. Structures include
buildings, mobile homes, billboards, and other similar type uses.
138. Telephone communication facility, unattended. A windowless structure con-
taining electronic telephone equipment that does not require regular employee atten-
dance for operating.
139. Temporaryuses. A limited use or uses of land, buildings or structures not in-
tended to be of a permanent duration.
140. Towing service, automotive or track. A commercial enterprise, business or com-
pany established to tow or remove motor vehicles from one location to another. A
towing service includes the temporary storage of motor vehicles at its site, but under
no circumstances shall any motor vehicle remain on the premises of a towing service
for more than twenty- four (24) hours unless stored within an enclosed structure or
the tow service is located in C-1 or C-2. Such services shall comply with all ordi-
nances of the town.
141. Townhouse. A structure containing two (2) or more single family attached dwelling
units with each unit on its own individual lot. All townhouse developments shall be
subject to the multiple family dwelling provisions of this ordinance, with the follow-
ing exceptions:
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Town of Leland Zoning Ordinance
Chapter 19 -Article III - Page 31

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Section 19.32 Word and Term Definitions continued
A. All townhouse developments shall comply with the multiple fimily density
'
requirements of Section 19.51 of this ordinance; this standard can be met by
individual lot area, by provision of common open space, or by a combination
of lot area and common open space.
'
B. No unit shall be connected on more than two (2) sides by common walls.
M
'
C. All yard dimensional requirements shall apply to the property lines of the en-
tire development. No individual unit shall be required to meet the yard di -
men ions.
142. Trailer, Overnight Camping. For purpose of this ordinance, the following shall
C)'
be considered an overnight camping trailer:
A. Travel trader: A vehicular, portable structure built on a chassis (other than a
'
mobile home), designed as a temporary dwelling for travel, recreation and
0
vacation.
B. Pick-up coach: A structure designed to be mounted on a truck chassis for
use as a temporary dwelling for travel, recreation and vacation.
^^�
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C. Camping Trailer: A canvas, temporary, folding structure, mounted on wheels
and designed for travel recreation and vacation use.
'
Such structures shall be considered travel trailers regardless of other titles that may
also be.applicable such as camper, mini, mobile homes, or similar designations.
'
143. Travel trailer. A wheeled vehicular portable structure built on a chassis, designed
to be used as a temporary dwelling for travel and/or recreational purposes. Includ-
'
ing, but not limited to, structures mounted on auto or truck bodies that are com-
monly referred to as campers.
'
144. Variance. A relaxation of the terms of the zoning ordinance where such variance
will not be contrary to the public interest and where, owing to conditions peculiar to
'
the property and not the result of such actions of the applicant, a literal enforcement
of the ordinance would result in unnecessary and undue hardship. A variance is au-
thorized only for height, area and size of structure or size of yards and open spaces.
'
Establishment or expansion of a use otherwise prohibited shall not be allowed by
variance, nor shall a variance be granted because of the presence of nonconformities
in the zoning district or uses in an adjoining zoning district.
Town of Leland Zoning Ordinance
'
Chapter 19 -Article Ll1- Page 32

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' Section 19.32 Word and Term Definitions continued
t
145. Veterinary Clinic. A place or facility which provides dental, medical, or surgical
care for dogs, cats, and other domesticated animals. Kennels are not included in this
definition.
' 146. Yard. A required open space unoccupied and unobstructed by any structure or
portion of a structure from thirty (30) inches above the ground level of the graded
' lot upward, provided however, that fences, walls, poles, posts, and other customary
yard accessories, ornaments and furniture may be permitted in any yard.
A. Front yard. Area between side lot lines across the front of a lot adjoining a
street. Depth of a required front yard shall be measured at right angles to a
straight line joining the foremost points of the side lot lines. The foremost
point of the side lot line, in the case of rounded property corners at street in-
'
tersections, shall be assumed to the point at which the side and front lot lines
would have met without such rounding. Front and rear yard lines shall be
parallel
(1) Through lots. Front yards shallbe provided on allfrontages.
'
(2) Corner lots. A front yard of the required depth shall be provided
in accordance with the district requirements for one frontage desig-
nated by the owner at the time of the building permit issuance and the
second yard shall conform to the side yard requirements as defined
herein. In the case of comer lots with no more than two (2)
frontages, the third or more yards shall conform to the side yard re-
quirements as defined herein.
B. Rear yard. Across the rear of the lot between the rearmost parts of side lot
lines and up to the main rear corners of the house. Through lots have no rear
' yard, only front and side yards.
C. Side yard. Area extending from the rear be of the required front yard to
the foremost limes of the rear yard. In absence of a clearly defined rear yard,
' as in the case of a through lot, any portion of the lot not designated as a
front yard shall be a side yard
(1) Comer lots. In residential districts, the minimum width of a side
yard abutting an intersecting street, shall be fifty (50) percent greater
Taws of Leland Zoning Ordinance
' Chapter 19 -Article III- Page 33

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Section 19.32 Word and Term Definitions continued
than the minimum side yard requirements of the district in which the
lot is located. In nonresidential districts, the side yard requirements of
comer lots shall be the same as the front yard requirements of the dis-
trict in which the lot is located.
The side yard requirements for dwellings shall be waived where dwellings are
erected above stores or shops not otherwise required to have side yards.
D. Special yard. A yard behind any required yard adjacent to a public street; re-
quired to perform the same functions as a side or rear yard, but adjacent to a
lot line so placed or oriented that neither the term "side yard" nor the term
"rear yard" clearly applies. In such cases, the Code Enforcement Administra-
tor shall require a yard with minimum dimensions required for a side yard or a
rear yard in the district, determining which shall apply by the relation of the
portion of the lot on which the yard is to be located to the adjoining lot or
lots, with due regard to the orientation and location of structures and build-
able areas thereon.
147. Yard sale. All general sales, open to the public, conducted from or on a
residential premise in any district or at a commercial establishment in any commercial
district (subject to the limitations set forth hereinafter)for the purpose of disposing of
personal property. The term "yard sale' shall include all such herein described sales,
whether or not they are garage, lawn, yard, attic, porch, mom, backyard, or patio
sale.
Section 19.33-19.40 Reserved
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Taws of Leland Zoning Ordinance
Chapter 19 - Article 111- Page 34

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' Section 19.41 Districts Established
' For the purpose of this ordinance, all of the areas within the boundaries of the corporate In -
its of the Town of Leland, as they exist now, or are hereafter fixed are included.
In order to regulate the height and size of buildings; to regulate the intensity of land use; to
' regulate the location of the land uses; to provide for the improved environment; and to pro-
mote the health, safety and general welfare of its citizens, the Town of Leland is hereby di-
vided into the following zoning districts:
tR-20 Residential District - Low Density
R-15 Residential District - Medium Density
' RMH Residential Manufactured Home District
C-1 Commercial Business District - General Commercial
' C-2 Commercial Business District - Regional Business
C-3 Commercial Trucking District
O&I Office and Institutional District
' M-F Multi -family District
PUD Planned Unit Development
R-6 Residential District - Medium Density with Performance Standards
' Section 19.42 Zoning affects use of land and structures
1
The regulations established herein for each district shall be minimum regulations unless speci-
fied otherwise and shall apply uniformly to each class or kind of land or structure, except as
hereinafter provided.
' 1. No land or structure shall be used or occupied, and no structure or parts shall be con-
structed, erected, altered or moved unless in conformity with all of the regulations
herein specified for the district within which it is located.
' 2. The minimum yards, and other open spaces, including the intensity of use provisions
contained in this ordinance, for every budding hereafter erected or structurally al-
tered, shall not be encroached upon or considered as yard, open space requirements
or intensity of use requirements for any other buildings unless specially permitted.
' 3. Rights -of -way, public or private, for streets and road shall not be considered a part of
a lot or open space, or front, side, or rear yard for the purpose of meeting yard re-
' quirements-
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' Chapter 19 -Article B'- Page 35

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Section 19.42 Zoning affects use of land and structures continued
4. Every building hereafter erected or structurally altered shall be located on a lot meet-
ing the requirements of the district in which it is located. In no case shall there be
more than one (1) principal building and the customary accessory buildings on the lot
except as provided for in this ordinance.
5. A use or building not expressly permitted by right or granted by a special use permit
shall not be allowed in a zoning districts unless such use is permitted in accordance
with Section 19.61 and Section 19.62, Note 4.
Section 19.43 Introduction to Districts
This Article and Articles V and VI contain the specific use and area regulations for each zon-
ing districts found in the Town. The descriptions have been divided into the following expla-
nations:
1. Purpose of districts. The intended application for each district which guides its
placement relative to either existing or proposed development and establishes the
maximum allowable density.
2. Table of uses. The listing of specific land uses permitted by right or by special use
in each district.
3. - Area and height table. The provisions for each district concerning lot sizes, setback
or yards, height and buffing requirements.
Note that the use of separate sections to describe the various provisions for each districts
does .not relieve any person from complying with all the requirements for the same district.
Section 19.44 R-20, Residential District
Purpose. This district is established for low density residential development and other
compatible uses. Recognition of the existing residential development pattern located within
the town and on its fiinges creates a need for this district to preserve the character of these
established neighborhoods and protect their associated property values. Land uses consid-
ered harmful to the health, safety and welfare of district residents shall be prohibited from in-
fringing upon the livability of residential areas within the district.
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Town of Leland Zoning Ordinance
Chapter 19 - Article IV- Page 36

' Section 19.44 R-20, Residential District continued
' The minimum lot size is 20,000 square feet. Activities of a commercial nature except cer-
tain home occupations controlled by specific limitations are prohibited from this district. Mo-
bile homes and manufactured homes are not permitted. (See Article V through VI[ for per-
mitted uses and additional area and yard requirements.)
' Section 19.45 R-1 S, Residential District
' Purpose. This district is established for medium density residential development and other
compatible uses. It may act as a transition between higher density urban development and
' lower density residential development. Land uses considered harmful to the health, safety and
welfare of district residents shall be prohibited from infiinging upon the livability of residen-
tial areas within the districts. The minimum lot size is 15,000 square feet.
' Section 19.46 RMH, Residential Manufactured Home District
Purpose. This district is established to accommodate individual Manufactured Homes Class
A, Manufactured Homes Class B, and Manufactured Homes Class C. It affords residents of
' Leland an alternate housing type and thereby promotes the health, safety and general welfare
of the community. The minimum lot size for manufactured homes is 15,000 square feet.
' Section 19.47 C-1, Commercial District -General
' Purpose. This district is designed to serve both non-residents and residents using the major
roads that run through the areas zoned This districts is designed to accommodate retail or
' service establishments customarily patronized by transient traffic as well as non -transient
traffic. The district shall provide for commercial sites smaller than those needed for regional
shopping facilities, and for the clustering of smaller businesses as well as provide for the in-
termediate commercial needs of the community. The minimum lot size is 6,000 square feet.
(see Article V through VI[.)
' Section 19.48 G2, Commercial District- Regional
' Purpose. This district is established to accommodate larger commercial facilities offering
goods and services meeting the needs of the residents of the town, county and region, such
as malls or shopping centers. It is designed to locate at the intersections of major thorough-
fares and occur in clustered patterns. The district is intended to encourage one -stop shopping
at convenient and safely accessible locations. The minimum lot size is 15,000 square feet.
' (See Articles VI through VIIn:
Town of Leland Zoning Ordinance
' Chapter 19 - Article IV- Page 37

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Section 19.49 G3, Commercial Trucking District
Purpose. This district is established to provide areas for warehousing, storage and limited
U)
industrial uses. Limited industries, for purposes of this ordinance, are generally characterized
+4
as light industries with small physical plains, low land requirements and high worker -to -land
0
ratios. This shall not include heavy manuf ichaing activities which typically produce exces-
• 7„�
sive noise, odor, smoke, dust, airborne debris and other objectionable elements. This district
f�
may also accommodate a mixture of light main &cturing wholesale, commercial service and
repair, and distributive business type uses. The minimum development density is 43,560
A
square feet. ( See Articles V through VII )
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Section 19 50 O&I, Of x' a and Institutional District
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Purpose. This district is established to provide sufficient land area for the business, office,
governmental and institutional needs of the community. It can also function as a transitional
O
land use between intensive commercial and industrial uses, and residential development. The
district is also designed to reduce the intensity of development along thoroughfares between
commercial clusters. The minimum lot size is 10,000 square feet. (See Articles V through
�i
Section 19.51 M-F, MuI&Family District
U)
high density family develop
Purpose. This district is established for moderate to multiply -
CIS
ment of varying types and designs. This could include apartments, townhouses, or condo-
M
Tnininms. It functions as a transitional land use between intensive nonresidential uses or
rT1
higher density residential areas and lower density residential areas. The district is designed to
respond to the varying housing needs of the community while affording a reasonable range of
choice, type, and location of housing units within the town. The minimum lot size shall be
F--d
10,000 square feet, contingent on the availability of water and sewer systems approved by
the Brunswick County Health Department. Maximum development density shall be 13.0
.�
units per acre, with approved water and sewer systems.
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Town of Leland Zoning Ordinance
Chapter 19 -Article IV- Page 38

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' Sedion 19.52 PUD, Planned Unit Development
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Purpose. The PUD District is established for the purpose of permitting greater flexibility
than would normally be allowed in a particular residential district in the area, yard, space,
height and density requirements for construction and development of residential areas; and to
promote and encourage more creative and imaginative site planning and design than would
be possible if such construction and development were in strict compliance with the require-
ments for the particular district. It is further the purpose of this district to promote more eco-
nomical and efficient use of land while providing a harmonious variety of housing choices, a
higher level of urban amenities, and preservation of the natural scenic qualities of open space,
' Section 19.53 R-6, Residential District, Medium Density with Performance Standards
' Purpose. The R-6 District is established for medium density single family dwellings
with additional Performance Development Standards and other related uses. In promoting
' the general purpose of this ordinance, the specific intent of this district is to encourage the
construction of and the continued use of land for single family dwellings while at the same
time prohibiting commercial and industrial use of the land and any other use which would
' substantially interfere with the development of single family dwellings.
The minimum lot size shall be 6,000 square feet where lot is served by both municipal water
and sewer and 15,000 square feet where lot is not served by both municipal water and sewer
Section 19.54-19.60 Reserved
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Town of Leland Zoning Ordinance
Chapter 19 - Article IV - Page 39

Section 19.61 Table of Permitted Uses
Districts in which particular uses are permitted as Use -By -Right with certain conditions, are
indicated by "P" with a reference to a footnote to this Table.
Districts in which particular uses are permitted as a "Special Use" upon approval of the
Town Council, are indicated by "S". ( See Table of Special Uses. For additional details on
Special Uses see Article VIE).
Districts in which particular uses are prohibited, are indicated by "Not Permitted".
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Town of Leland Zoning Ordinance
Chapter 19 -Article V - Page 40

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1 Section 19.61 Table of Permitted Uses continued
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. „....
■■■ee■■■sue
.,..
o000000000
■■■■■■■■■■
■■■■■■■■■■
0
0
Q
Pt
Town of Leland Zoning Ordinance
1 Chapter 19 - Article V - Page 41

Section 19.61 Table of Permitted Uses continued
Storage Yard
Toxin of Leland Zoning Ordinance
Chapter 19 - Article V- Page 42

' Section 19.61 Table of Perinkted Uses continued
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i '._. • o ucts _.
■■■■■e■■..
Shops Woodworking
■■■eee■■WElectronic
Machines,
Equipment & Supplies
Assembly
NOMMUNNEEN
HandcraftingofSmall■■■■o■■■ems
Articles
Seafood Processing,
Handling, Storage & Sales
Facilities
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Tam of Leland Zoning Ordinance
Chapter 19 - Article V - Page 43

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1 Section 19.61 Table of Permitted Uses continued
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..:. .
Establishments
■■■ee■■■��
Automobile..
TnickSales
■■■ee■■■��
Establishment
rpo
. "
■■■oo■■■■■
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Town of Leland Zoning Ordinance
Chapter 19 -Article V -Page 44

' Section 19.61 Table of Permitted Uses continued
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Mobile . o
■■■e■■■■��
0. � � � =
eeeee■eese
WRM■■■oo■■■■■
..
■■■eee■■M■
rA
C)
U
rA
Q
U
Town of Leland Zoning Ordinance
' Chapter 19 - Article V- Page 45

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1 Section 19.61 Table of Pemdded Uses continued
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TIUNSPORTATION,WHOUSALE
■■■oo■o■o�Bulk
Storage of Flammable
Fluids & Gases
PIRTIN
■■■00■■■■■
...
FreightWar ing
■■■■■e■■��
,Trailer 'i =
■■■ee■■■��
sue■■■■����
_
Terminal
■■■■■e■■��
i
Toxin of Leland Zoning Ordinance
Chapter 19 -Article V- Page 46

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Section 19.61 Table of Perntined Uses continued
INSTI=ONAI,
!Adult
Day Care Facility000■■■©©■■
Amusement & Recreational
'classifiedServicM not elsewhere
[Ref Sec. 19.62, Note 61
■■■moo■■■■■
Boat ckorLaunching
Pier, Private
eee■■■■■■a
Boat Launching Ramp,
classifiedelsewhere [Ref Sec. 19.62. Note 61
Religious Institutions
00000■oo■■
Civic Center/Community
Center
■■■ee■e■■■
S P_
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Toxin of Leland Zoning Ordinance
Chapter 19 - Article V -Page 47

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' Section 19.61 Table of Penniffed Uses continued
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Facilities
...
00000■00■0
.. .: , .
000■■■00■0
• :1 v. rl'
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Town of Leland Zoning Ordinance
Chapter 19 - Article V- Page 48

Section 19.61 Table of Permitted Uses continued
INSTrrUTIONAU RECREATIONA.0 SERVICE (continued)
mmmmm
Nursing & Personal Care
Facilities
Personal Services, not
ed
Offices,not elsewhere
classified
11 .
Repair Shops, not
elsewhere classified
[Ref Sec. 19.62, Note \
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Town of Leland Zoning Ordinance
Chapter 19 - Article V - Page 49

Section 19.61 Table of Pennitted Uses continued
USES
R-20 I
R-15 I
RMEI I
C-1
I C-2
C-3
O&I
M-F
PUD
R-6
INSTITUTIONAL, RECREATIONAL, SERVICE (continued)
Swimming Pool, Private
[Ref Sec. 19.82]
P
P
P
P
P
P
P
P
P
P
Social Services, not
elsewhere classified
[Ref Sec. 19.62, Note 61
P
Swimming Pool, Private
[Ref Sec. 19.82]
P
P
P
P
P
P
P
P
P
P
Swimming Pool, Public/
Commercial
[Ref Sec. 19.82]
P
P
P
P
P
Tennis Courts
P
P
P
P
P
P
Theater, Indoor
P
P
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Town of Leland Zoning Ordinance
Chapter 19 - Article V- Page 50

Section 19.61 Table of Permitted Uses continued
Garage111 1 � -
WrIMM
Home Occupations
11
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Town of Leland Zoning Ordinance
Chapter 19 -Article V - Page 51

Section 19.61 Table of Permitted Uses continued
USES
R-20
R-15
RMH
C-1
C-2
C-3
O&I
M-F
PUD
R-6
MISCELLANEOUS
Accessory Use & Buildings
[Ref Sec. 19.62, note 1 &
Sec. 19.821
P
P
P
P
P
P
P
P
P
P
Billboards
[*Ref Article XVI ]
P*
P*
P*
P*
P*
P*
P*
P*
P*
Yard Sales
[Ref Sec. 19.1351
P
P
P
P
P
P
P
P
P
P
Town of Leland Zoning Ordinance
Chapter 19-Article V-Page 52

Section 19.61 Table of Permitted Uses continued
COAUMIMCAITON FACHMES
TV, Radio Broadmqing
Studio
Toxin of Leland Zoning Ordinance
Chapter 19 -Article V- Page 53

Section 19.62 Notes to the Table of Permitted Uses
' Note 1. Storage of Flammables
' The storage of flammables shall not be permitted or considered a Use -by -right except in a C-
3 district and when such authorization for said use is given by the Brunswick County Fire
Marshall relative to compliance of proposed storage facilities with state and Brunswick
' County fire regulations.
Note 2. Dry Cleaning or Laundering
' Dry cleaning and laundering establishments shall be permitted when only oil, gas or electricity
is the source of heat for the laundry process. Screening and filtering devices shall be used to
' prevent the emission of smoke, lint, dust, fumes, odors, or steam into the atmosphere.
Note 3. Home Occupation
' Home Occupations are permitted only as an incidental use and are limited to the following:
' 1. Permitted Uses:
' A. The office of a physician or studio of an artist;
B. General or trades contractor, musician, insurance agent, lawyer, real estate
broker, teacher or other hike professional persons residing on the premises;
C. Workshops or serninars not conducted for profit;
' D. Customary home occupations such as millinery, dressmaking, laundering or
pressing and tailoring;
' E. Rooming and/or boarding of not more than two persons, for which rent is
charged.
F. Single operator of a beauty shop and/or barber shop; and
G. Commercial photographic studio.
Town of Leland Zoning Ordinance
' Chapter 19 -Article V- Page 54

Section 19 62 Notes to the Table of Permitted Uses continued
' Note 3. Home Occupation (continued)
' 2. Other Restrictions:
A. No equipment or process shall be used in such home occupation which creates
' noise, vibration, glare, fumes, or electrical interference detectable to the nor-
mal senses off the lot, if the occupation is conducted in a single family housing
unit, or outside the housing unit if conducted in other than a single family
' housing unit, in the case of electrical interference, no equipment or process
shall be used which creates visual or audible interference in any radio or televi-
sion receivers off the premises; or causes fluctuations in line voltage off the
' premises;
B. No display of products shall be visible from the street;
' C. No mechanical equipment shall be installed outside of any building for inside
use or used in any manner other than is nominally used for domestic or profes-
sional purposes; and which does not cause noises or interference in radio and
television reception;
' D. A physician, dentist or other medical professional licensed by the state of
North Carolina shall be allowed to have one nurse or assistant who may or
' may not be a resident of the dwelling but not both;
E. Only one (1) person other than members of the family residing on the premises
' shall be engaged in such occupation;
F. 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;
G. 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
street and other than in any required yard. Vehicles used primarily as passen-
ger vehicles including pickup trucks and step -type vans only shall be permitted
in connection with the conduct of the customary home occupation;
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Town of Leland Zoning Ordinance
' Chapter 19 -Article V- Page 55

' Section 19.62 Notes to the Table of Permitted Uses continued
' Note 3. Home Occupation (continued)
' 2. Other Restrictions (continued):
street and other than in any required yard. Vehicles used primarily as passenger
' vehicles including pickup trucks and step -type vans only shall be permitted in
connection with the conduct of the customary home occupation;
' H. Instruction in music, dancing or tutoring of academic subjects shall be limited to
four (4) students at a time;
' I. Privilege license must be obtained from Town Hall; and
' J. No accessory buildings or outside storage shall be used in connection with the
home occupation.
' Note 4. Uses Classified as "not elsewhere classified"
Various uses listed in the Table of Uses with the designation "not elsewhere classified" shall be
' allowed in the permitted districts utilizing the list of uses designated in the current edition of
the SIC manual.
1 Section 19.63-19-70 Reserved
Taws of Leland Zoning Ordinance
Chapter 19-Article V-Page 56

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AREA; YARD AND HEIGHT REQUIREMENTS
MINIMUM AREA IN SQUARE FEET
FOR MINIMUM YARD REGULATIONS SEE SECTION 19.71- NOTES 1 through 9
R-20
R 15
RMH
C-1
C-2
C-3
O&I
M-F
PUD
R-6
MINIMUM LOT
SIZE*
20,000
15,000
15,000
6,000
15,000
43,560
10,000
10,000
6,0001
15,000
(Nate 6)
LOT WIDTH AT
FRONT SETBACK
LINE
100
100
90
75
75
100
75
100
60/40
cut -de -
sac
FRONT YARD
SETBACK
30
30
30
25
25
50
25
30
25
25
SIDE YARD WIDTH
7.5
7.5
7.5
7.5
7.5
7.5
7.5
7.5
7.5
7.5
(Note 8)
REAR YARD DEPTH
15
15
15
10
20
20
20
30
7.5
10
MAXIMUM HEIGHT
OFSTRUCTURE
35
35
35
35
35
35
35
35
35
35
• OR LARGER AS REQUIRED BY BRUNSWICK COUNTY SANITARIAN
FINAL DETERMINATION IS BASED ON DECISIONS BY THE COUNTY SANITARIAN FOR APPROVED
SEWER SYSTEMS.
Taws of Leland Zoning Ordinance
' Chapter 19 -Article Y1-Page 57

' Section 19.71 Notes to the Table of Area, Yard and Height Requirements
Note 1. Special Use Requirements Take Precedence
' Area, yard and height requirements as specified in the issuance of a Special Use Permit shall
take precedence over area, yard and height requirements as set forth in the TABLE OF
AREA, YARD AND HEIGHT REQUIREMENTS.
' Note 2. Variance for Prior lots of Record
' Notwithstanding the other setback provisions of this ordinance a building or structure may be
constructed and occupied by one family on any lot recorded prior to adoption of this ordi-
nance and meeting all of the requirements of the Brunswick County Sanitarian and maintain-
ing minimum side yard of 15 feet, a front yard of 30 feet and a rear yard of 30 feet.
Note 3. Corner Lots, Retaining Walls, Fences and Walls, and Open Storage
1. Comer lots
' On a comer lot, in a residential district area or commercial district area, a side yard
setback consisting of a minimum distance of 20 feet shall be maintained between any
building and the side street. This requirement shall not be applied so as to reduce the
building width of a residentially zoned comer lot of record at the time of passage of
this ordinance to less than 40 feet, not to prohibit the erection of any accessory build-
ing where this requirement cannot reasonably be complied with as determined by the
Board of Adjustment.
' 2. Retaining Walls
1
The setback and yard requirements of this ordinance shall not apply to a retaining wall
not more than five (5) feet high, as measured from the lowest ground elevation to the
top of the wall. The Board of Adjustment may permit a retaining wall greater than
five (5) foot height where it fords that due to the topography of the lot such a wall is
necessary.
3. Fences and Walls
In residential zones, fences and walls not over four feet high may project into or may
enclose any front yard; however, no fence may be constructed on or in a public street
right-of-way. Side yards may be enclosed by fences or walls up to four feet high. Rear
yards may be enclosed by fences or walls up to eight feet high. Side yard enclosure
may extend from the rear comer of a house to the front property line. Rear yard en-
closure may extend from the rear corner of a house to the rear property line. In the
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Chapter 19 - Article VI - Page 58

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Section 19.71 Notes to the Table of Area, Yard and Height Requirements
Note 3. (continued)
O&I, C-1, C-2, and C-3 zones an open fence or wall through which clear vision is pos-
sible from one side to the other on a horizontal plan and such openings occupy fifty
(50) percent or more of the area of the fence or wall, may be erected in the rear yard
to a maximum height of ten (10) feet in nonresidential districts. (see Section 19.133).
4. Open Storage
In the C-1 and C-2 districts there shall be no open storage as an accessory use. In the
C-3 district open storage as an accessory use shall be permitted provided it is en-
closed by a fence on all sides not less than six feet in height.
The following retail sales items are allowed in open storage:
All display items essential to retail establishment that are permit-
ted in C-1 and C-2.
The following items are not allowed in open storage:
Junk, as defined in definition #76.
Note 4. Height Restriction/Modifications
In addition to the height limitations listed in the Table of Area, Yard and Height Require-
ments, and building in C-1, C-2, and C-3 and approved commercial areas in PUD districts
may be increased in height provided that additional side and rear yards are increased accord-
ing to the requirements below. The maximum height of any building shall be 55 feet. From 10
to 20 feet above maximum allowable height in the district, an additional 10 feet of yard area
(rear and sides) must be provided for each 10 feet or portion thereof of additional height.
Note 5. Buffers (required fences/berms)
Where the rear lot limes or side lot fines of the district abut a residential district, a minimum
side and rear yard of 75 feet shall be required.
Town of Leland Zoning Ordinance
Chapter 19-Article VI -Page 59

I
' Section 19.71 Notes to the Table of Area, Yard and Height Requirements
' C-1 District: Structural fences - Structural materials installed to meet buffer requirements
shall provide one hundred (100) percent opacity.
' C-2 District: Berm - Berm shall be a mound of earth installed to meet buffer requirements
and shall be installed at an initial height of sic (6) feet and the exterior of the berm shall be
' planted with suitable grass to prevent erosion.
No such buffer shall, however, extend nearer a street right-of-way line than the established
building line of the adjoining residential lot. No buffer strip shall be required upon any rear lot
lime or side lot line, which abuts a public street.
' Note 6. Minimum Lot Size R-6 District
Minimum lot size shall be 6,000 square feet where a lot is served by municipal water and
' sewer and 15,000 square feet where a lot is not served by both municipal water and sewer.
' Note 7. Additional Requirements for Churches in the R-6 District
' Standards for churches in the R-6 District shall be as follows: minimum lot size, 1 acre; min-
imum lot width, front setback line, 200 feet. Churches in the R-6 District that are permitted
non -conforming uses due to the lot size may be expanded provided there is a lot width at the
front setback line of at least 120 feet and all required off-street parking is provided.
Note 8. Additional Side Yard Requirements in R-6 District
' Comer lots having a width of 60 feet or less at the front setback line shall have an interior
side yard width of 7.5 feet and a street side yard width of 12 feet.
Note 9. Performance Development Standards for R-6 District
Performance development standards for R-6 District can be found in Section 19.136 of this
Ordinance.
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Section 19.72-19.80 Reserved
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Chapter 19 -Article VI - Page 60

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Section 19.81 Temporary Uses
Mobile Offices
A Mobile offices may be used on a temporary basis for such purposes as con-
struction offices, bloodmobiles, bookmobiles and traveling exhibits. However,
such uses must obtain a Temporary Occupancy Permit from the Code En-
forcement Administrator if the use is to last more than forty-eight (48) hours
at one site.
B. Mobile offices may also be used for other office or business purposes in cases
where the permanent structure has been destroyed through no fault of the
owner or tenant. A Temporary Occupancy Permit must be obtained before the
use of the mobile office is initiated This occupancy permit shall be valid for a
specified period of time while reconstruction takes place not to exceed six (6)
months and may be renewed no more than once.
C. A Temporary Occupancy Permit may be issued for a mobile home for use as a
temporary field office for contractors by the Code Enforcement Administrator
if the mobile home:
(1) and the structure under construction are located on the same property;
and
(2) is not moved to the site more than thirty (30) days prior to construc-
tion and is not removed later than thirty (30) days after construction
has been completed; and
(3) is not used for any other purpose other than that connected with on -
site construction; and
(4) is justified by the size and nature of the construction project; and
(5) is for a period not to exceed 18 months, for C-1 and C-2 District use
only; and
(6) is utilized only incidental to on -site construction during daylight hours
and not for residential living quarters.
() Sanitary facilities are approved by the Brunswick County Sanitarian.
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Town of Leland Zoning Ordinance
' Chapter 19 -Article VIl - Page 61

' Section 19.81 Temporary Uses (continued)
' 2. Manufactured Homes
' Temporary use of a marn,fantnrnd home as a residence shall be permitted in any resi-
dential district in cases where the permanent home has been destroyed through no
fault of the owner or tenant. A Temporary Permit must be obtained from the Code
' Enforcement Administrator before the use of the manufactured home is initiated. This
Temporary Occupancy Permit shall be valid for a specified period of time not to ex-
ceed sic (6) months while reconstruction takes place and may be renewed no more
' than once. The unit must be removed with 30 days after receipt of Certificate of Oc-
cupancy for the newly constructed unit.
' Section 19.82 Accessory UsevStructures
' Accessory Structures must comply with the following:
A. Number of Accessory Structures/Uses: No more than two accessory struc-
' turestuses shall be permitted per lot, except for bona fide farms.
B. Location of Accessory Structures: Accessory structures shall be located only
in the side or rear yards for noncorner lots. On corner lots, accessory struc-
tures shall be located a minimum of 30 feet from the street right-of-way.
' C. Lot Coverage: Accessory structures shall not cover more than 30 percent of
the required side or rear yard
' D. Setbacks: Accessory structures shall be set back at least 10 feet from the side
and rear lot lines. The separation between the principal structure and the ac-
cessory structure shall meet the NC State Building Code.
1. Swimming Pools
In the interest of public safety and particularly the safety of children, all outdoor
swimming pools in the city having a depth of water of eighteen (18) inches or greater
at its deepest point, either above ground or below ground, and of either permanent or
temporary construction shall meet the following requirements in addition to set backs
and other requirements specified elsewhere:
A. That the setback for an above ground swimming pool from any lot line equals
the required setback for accessory structures in the district in which it is lo-
cated plus one (1) foot for each foot over four (4) of pool height, including
rails and/or ladders.
AM
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Town of Leland Zoning Ordinance
Chapter 19 - Article VI!- Page 62

' Section 19 82 Accessory Uses continued
' B. A fence or wall shall be erected to a minimum height of four (4) feet to com-
pletely enclose all sides of the pool not bounded by a building. Such fence or
wall shall be so constructed as not to have any openings larger than six (6)
' inches in height. Provided that where the width of such opening is five (5)
inches or less the height may extend the full height of the fence or wall. If a
' picket fence is erected, the width between pickets shall not exceed five (5)
inches. A fence or wall may be made of any material to include wood, metal,
wire, masonry, concrete, tile, plastic material or any combination of there or
' other materials so long as the openings in the fence or wall does not exceed
the maximum height and width described above. A gate of equal height shall
' be installed and securely fastened when the pool is not in use. All gates or
doors opening through such fence or wall shall have self -closing self -latching
devices for keeping the gate or door closed at all times when not in actual use
except that the door of any dwelling which furnishes part of the enclosure
need not be so equipped.
' C. That all mechanical equipment be located a minimum of ten (10) feet from any
property line.
2. Satellite Dish Antennas
A. General Requirements.
' (1) A building permit is required when installing, moving or substantially
constructing or reconstructing a dish antenna over two (2) feet in
' diameter.
(2) A dish antenna must be installed in compliance with the manufacturers
' specifications.
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(3) In all residential districts dish antennas must be permanently installed
on the ground and shall not exceed eight and a half (8.5) feet in diame-
ter. A dish up to one (1) meter in diameter may be permitted on
rooftops, but only if the residential structure has no rear yard.
(4) In districts C-1, C-2, C-3 and O&I, dish antennas may either be in-
stalled on the ground or on the roof of the budding but not both. If in-
stalled on the roof, the dish shall not be larger than eight and a half
(8.5) feet in diameter, shall not project higher than eight (8) feet above
the maximum building height of the zoning district or no more than
one third (1/3) the actual building height above the roof, whichever is
less, shall be set back from the front and sides of the building at least
eighteen (18) feet and shall not be used for any advertising purposes.
A
Toxin of Leland Zoning Ordinance
Chapter 19 -Article Vll - Page 63

ISection 19.82Accessory User continued
' 2. Satellite Dish Antennas (continued)
' A dish antenna may be installed on the top of another part of the build-
ing which is lower than the root such as a balcony or parking deck,
but only if such location is at the rear or side of the building and all
' other requirements are met.
(5) ffa dish antenna is repainted, the only permissible colors are the
origi-nal color used by the manufacturer, off-white, pastel beige, grey, or
pastel grey -green. Only one color is permissible at one time. The paint
must have a dull (non -glossy) finish and no patterns, lettering or nu-
merals shall be permitted on either side of the dish surface.
(6) No dish antenna shall be installed in any public right-of-way or in any
' drainage or utility easement.
(10 Dish antennas located on the roof of dwellings must be located on the
' rear portion of the dwelling roof, no part of the dish antenna may ex-
tend over the ridge into the front portion of the dwelling root
' (8) The dish cannot have a maximum height above the roof ridge of more
than one (1) meter.
' B. Location in Yards
' (1) A dish antenna shall be installed in the rear yard only, in all districts ex-
cept as provided for in a. 3&4 above and in b.2 below.
(2) In C-1, C-2 and C-3 districts only, a dealer selling dish antennas may
' have a maximum of one (1) such antenna installed in the front or side
yard for display purposes providing all other requirements are met. If a
' dealer displays a dish antenna in the front or side yard, his permissible
sign area shall be reduced by one half (1/2).
' C. Setback Requirements
(1) The minimum required setback for dish antennas, from the side lot line,
' shall be the same as for the principal building except on comer lots, on
the side abutting the street, the minimum required front yard setback
' shall be the same as the required front yard setback along that street.
t
Town of Leland Zoning Ordinance
' Chapter 19 -Article VLl -Page 64
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iSection 19.82 Accessory Uses continued
' 2.
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Setback Requirements (continued)
(2) The minimum required setback for dish antennas from the rear lot line
shall be (10) feet or the same as accessory buildings, whichever is
greater, but in no case shall any part of the antenna come closer than M V)
four (4) feet to the property line.
(3) In all cases no dish antenna shall be located within thirty (30) feet of
any street right-of-way.
Manufactured or Mobile Home
A manufactured home or mobile home may not be used for the location of an acces-
sory use in any zoning district.
Garage Apartments
A. All garage apartments must be located on lots or parcels of land having at
least 5,000 square feet in addition to the minimum lot area requirement of the
applicable zoning district in which the lot or parcel is located.
B. Such a structure shall not exceed 50 percent of the gross total enclosed heated
square footage of the existing single family dwelling.
C. The total number of square feet allowed for a garage apartment as determined
by the formula stated in section (2) above shall be interpreted to encompass
the total square footage for both the livable area of the garage apartment as
well as the area needed for parking automobiles in an enclosed space. When
the square footage of the livable area of a garage apartment is added to the
square footage needed to park an automobile(s), this number shall not exceed
the total number of square feet allowed for the entire garage apartment as de-
termined by the formula state in section (2) above. For example:
Building Tvoe Square Foota��e
Principle Structure (Residence) 1,000 (gross total enclosed heated square footage)
Garage Apartment 1,000 X .50 - 500
Livable area maximum 338
Standard parking space 162
Toxin of Leland Zoning 0rdinanee
Chapter 19 -Article V11- Page 65
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Section 19.82Accessory Uses continued
Therefore, when the livable area (338 square feet) is added (+) to the standard
parking space (162 square feet), the total square footage does not exceed the
total square footage for the garage apartment (500 square feet).
D. Garage apartments shall comply with all requirements established in Section
19-82 (5), Accessory Structures.
E. Only one garage apartment is permitted per lot.
F. A garage apartment shall not be permitted in addition to an accessory apart-
ment.
G. The owner of the parcel of land on which the garage apartment is located shall
reside on site either in the principal structure or the garage apartment.
Section 19.83-19.90 Reserved
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Town of Leland Zoning Ordinance
Chapter 19 -Article VI - Page 66

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A

' Secdon 19.101 General Regulations
Applicability. If structures or uses are enlarged, expanded or changed, there shall
be provided off-street parking for the enlargement or expansion in accordance with
' the ratios contained herein. If existing land uses are converted to another type of land
use or re-classified by the Ordinance, then the off-street ratios as contained herein
must be complied with.
' 2. Parking Space Defined. A parking space is defined as an off-street space exclu-
sively available for the parking of motor vehicles. A standard parking space must have
' minimum dimensions of 9 1/2 feet in width and 18 feet in length with a total of 191
square feet. This area does not include any passageways and driveways used for ac-
cess to the space or spaces.
' Where there are lots designed to accommodate more than ten (10) vehicles, up to 25
percent of the spaces may have minimum dimensions of 8 foot in width and 16 feet in
' length. The smaller spaces, if provided, shall be designated for use only by compact
cars.
' 3. Parking Spaces in Driveways. In the absences of garages or carports, driveways
may be considered as providing required off-street parking spaces for single-family
' and two-family dwellings in residential districts.
4. Location of Parking Spaces. Parking spaces must be located so that no space
' is farther than 400 feet from the buildings or uses to which it is assigned. However, in
no case shall parking be located across a thoroughfare or major collector from the as-
signed use. A strip of land not less than 10 feet in width shall be required between the
' first row of parking and any adjoining right-of-way.
5. Parking Spaces Assigned to One Use. Required parking spaces for any number
' of separate buildings or uses may be combined in one lot. But the required spaces as-
signed to one use may not be assigned to another use at the same time. The required
parking spaces for places of assembly may be assigned to parking spaces that are oth-
erwise assigned to other uses if the parking spaces are nominally used at different
times.
' 6. Barriers Required. Curbs, walls, fences or similar devices must be located along
the perimeter of parking lots, garages and storage areas, except at entrances and exits
indicated on approved parking plans. These barriers must be designed and located to
prevent parked vehicles from extending beyond property limes of parking lots and
garages and to protect public right-of-way and adjoining properties from damaging
' effects from surface drainage from parking lots.
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Town of Leland Zoning Ordinance
' Chapter 19 - Article M- Page 68

Section 19.101 General Regulations continued
' 7. Parking and Storage Areas.
' A. Parking lots, garages and storage areas must be designed and constructed so
that all maneuvering to park cars can take place entirely within the prop-
erty lines of the lot.
B. Access to parking areas will be limited to driveway entrances and exits speci-
fied in the approved parking area plans.
' 8. Parking Spaces and Lots to be Improved. All parking lots and spaces shall be im-
proved with asphalt, concrete, gravel compacted stone, or any other innovative means
of paving. Each parking space shall be delineated by curbs, railroad ties, paint or other
' similar material
' 9. Handicapped Parking. Two (2) handicapped parking spaces shall be required per
50 parking spaces. Each handicapped space shall be a minimum of 13 feet in width
and 20 feet in length. The design shall comply with Federal Codes.
10. Parking Spaces may not be Reduced. Off-street parking spaces may not be re-
duced below the minimum required for the use or facility to which they are assigned.
' Off-street parking spaces for buildings or uses which existed at the time of the adop-
tion of this Ordinance and which were inadequate to meet the minimum parking
spaces required by this ordinance must not be reduced as long as those buildings and
' uses continue to be in existence.
11. Additions to Buildings Deficient in Parking Spaces. Additions may not be made
' to existing buildings and uses that do no meet the minimum requirements for off-
street parking spaces.
' 12. Parking Plans Required. Plans for off-street parking lots, whether public or pri-
vate, must be submitted to the Zoning Enforcement Officer for review for compliance
with the provisions of this ordinance and with other pertinent ordinances. Each plan
' must indicate the number of spaces and arrangement of parking aisles, location of
driveway entrances, provisions for vehicular and pedestrian circulation, locations of
' sidewalks and curbs on or adjacent to the property, and any other such information or
plans as the circumstances may warrant.
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Tawn of Leland Zoning Ordinance
Chapter 19 - Article IX - Page 69

' Section 19.102 Schedule of OJJ-Street Parking Requirements
' Off-street parking must be provided and maintained as specified in the following schedule.
These requirements will apply to all new buildings and uses and the additions to existing
' buildings and uses in all districts.
Type of Use and Parkin¢ Standards
' 1. Airports, railroad stations, and bus terminals.
1 space per each 4 seats for waiting passengers, phis 1 space for each two em-
ployees on shift of greatest employment.
2. Auditoriums, stadiums, assembly halls, gymnasiums, theatres, community recreation
centers, churches and other places of public assembly.
1 space per 4 fixed seats in the largest assembly room or area or for each 40
square feet of floor area available for the accommodation of movable seats in
' the largest assembly mom, or i space per each 150 square feet of gross floor
area, whichever is needed by the facility.
3. Automobile Service Station.
2 spaces per each service bay, plus 1 space per each employee on shift of
' greatest employment.
4. Automobile Sales.
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In addition to inventory display areas, 1 space per 400 square feet of building
area devoted to sales.
5. Banks, Savings and Loans, and similar uses
10 spaces minimum for customer parking and 1 space for each 1 employee on
shift of greatest employment.
6. Barber Shop, Beauty Shop and personal services.
2 spaces per operator.
7. Car wash.
2 spaces, phis 1 space per 2 employees.
8. Child Care and Kindergarten (commercial)
1 space per teacher or staff, plus 2 spaces for drop-o$ and pick-up per 10
children as identified in the licensing limit.
9. Dental and Medical Offices and Clinics.
4 spaces per doctor plus 1 space for each 2 employees.
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Town of Leland Zoning Ordinance
Chapter 19 -Article IX- Page 70

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Section 19.102 Schedule of Off -Sheet Parking Requirements continued
' Type of Use and Parkine Standards (continued)
' 10. Delivery, Ambulance and other similar services.
1 space per vehicle, plus 1 space for each 2 employees.
11. Drive -In Facilities (in addition to use requirement).
' 3 stacking spaces for each bay, window or lane.
12. Fire Station.
1 space per person on duty on a normal shift.
' 13. Funeral Home.
1 space per each 60 square feet of floor area available for seating accommoda-
tions.
' 14. Hospitals.
' 1 space for each 2 patient beds, plus one space for each staff or visiting doc-
tor, plus one space for each three employees.
15. Laboratories and other facilities for research.
1 space for each employee,on the shrift of greatest employment.
' 16. Manufacturing and Wholesaling establishments.
1 space for each 1 employee on shift of greatest employment plus 5 spaces for visitor
parking.
' 17. Motels, Hotels, Tourist Homes, Motor Courts, Rooming Houses and similar uses.
1 space per unit, plus 2 spaces per 3 employees on the shift of greatest em-
ployment.
18. Museums and Art Galleries.
1 space per 300 square feet of gross floor area.
' 19. Nursing Homes, Rest Homes, homes for the aged.
1 space for 4 patient beds, plus 1 space per each 2 employees on the sluff of
greatest employment.
20. Offices.
' 1 space for each 200 square feet of gross floor area.
21. Post Office.
' 1 space per 150 square feet of public service area, plus 2 spaces per 3 employ-
ees on shift of greatest employment.
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Town of Leland Zoning Ordinance
' Chapter 19 -Article LY- Page 71
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Section 19.102 Schedule of Off -Street Parking Requirements continued
' Type of Use and Parking Standards (continued
'
22.
Public Library.
1 space for each I employee on shift of greatest employment, plus 1 space for
each 300 square feet of gross floor area
'
23.
Public or Private Clubs.
1 space for each 200 square feet of gross floor area.
24.
Public Utility Buildings.
2 spaces, plus 1 space for each employee on shift of greatest employment.
25.
Radio and TV Station.
2 spaces per 3 employees on shift of greatest employment.
'
26.
Recreational Uses.
A. Bowling Alleys.
4 spaces per lane.
'
B. Public/Private Swimming Pools.
I space per 100 square feet of water and deck area.
'
C. Recreation uses such as golf driving ranges, miniature golf, tennis, billiards or
pool centers or other similar uses.
'
I space per tee, green, court and/or other method of participation
however styled.
'
D. Recreation Clubs.
1 5 memberships
per
28.
Residential Uses.
A. Boarding and Rooming House.
1 space per room or boarder, whichever is greater in addition to the normal
'
requirement for the dwelling unit.
B. Housing designed for and used by the Elderly.
'
I space per 2 dwelling units.
C. Home Occupation.
2 additional parking spaces in addition to residence requirements.
Town of Leland Zoning Ordinance
'
Chapter 19 -Article M- Page 72

' Section 19.102 Schedule of Off -Street Parking Requirements continued
' Type of Use and Parking Standards (continued)
' D. Multi -Family Residence.
1.25 spaces for units 549 sq. ft. or less;1.5 spaces for units
550-699 sq. 1;1.75 spaces for units 700-899 sq. ft.; 2 spaces for
' units 900-1,249 sq. ft.; 2.25 spaces for units over 1,250 sq. ft.
E. Single -Family Dwelling.
' 2 spaces per dwelling unit.
F. Duplex or Triplex
' 2 spaces per dwelling unit.
G. Dormitories.
1 space per 3 residents.
29. Restaurants, dicer and night clubs.
' 10 spaces minimum plus 1 space for every 3 seats.
' 30. Retail Business.
1 space per 200 square feet of gross floor area.
' 31. Schools, Elementary and Junior High, including public and private.
1 space for each classroom and administrative office and maintenance
employee plus 5 visitor parking spaces.
1
32. Schools, Senior High, Trade, and Vocational Colleges and Universities.
5 spaces per each room used for administrative offices or class instruction, or
space for each 5 seats in auditoriums and other places of assembly or facilities
available to the public, whichever is greater.
33. Wholesaling with Related Retail
2 spaces per 3 employees on the shift of greatest employment plus six (6)
additional spaces devoted to retail sales as applicable from "Retail Business"
schedule.
Town of Leland Zoning Ordinance
Chapter 19 -Article IX - Page 73

' Section 19.103 Off -Street Loading Requirements
' 1. Spaces Appropriate to Function. Off-street loading spaces must be provided as
appropriate to the function and scope of operation of individual or groups of buildings��•
' and uses. ,
2. Design of Loading Spaces. Off-street loading spaces must be designed and con-
structed so that all maneuvering to park and unpack vehicles for loading and unload-
ing can take place entirely within the property lines of the premises. Loading spaces
must be designed so as to not to interfere with the normal movement or vehicles and
' pedestrians on public rights -of -way.
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' Section 19.104-19.110 Reserved
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Town of Leland Zoning Ordinance
' Chapter 19 - Article M- Page 74

Section 19.111-19.130 Reserved
Town of Leland Zoning Ordinance
Chapter 19 - Article X- Page 75

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' Section 19.131 Provisions Regulating Mobile and Manufactured Home Parks,
Manufactured Class A, Manufactured Home Class B and Manufactured Home Class C
General Requirements.
' A. All Manufactured Homes Class A, Manufactured Homes Class B, and Manu-
factured Homes Class C, must be skirted such that no area beneath the home
is visible from any direction. (see Section 19.32 Items 85, and 86).
B. All mobile and manufactured homes must have a skirt as described in
defini-tion 85 and 86. The skirt must be placed around the bottom of the mobile or
manufactured home within 90 days of receiving the occupancy permit. Cd
' C. Manufactured Homes may be occupied as a temporary office of a supervisor aQ
on the premises of a construction job in any zoning district and may be used as
a temporary residence or office of a guard or a night watchman during con-
struction on any property, as long as its use is limited to such purposes and it
conforms to County Sanitation requirements and it is removed within 30 days Cd
after it ceases to be so used
1 D. All units must meet the blocking and tie down requirements of the state Build-
ing Code.�j
' 2. Manufactured Home Class A. A manufactured home constructed after July 1,
1976 that meets or exceeds the construction standards promulgated by the U.S. De-
partment of Housing and Urban Development that were in effect at the time of con-
struction and that satisfies the following additional criteria:
tA. The manufactured home has a length not exceeding four times its width, with I--1
length measured along the longest axis and width measures at the narrowest ►UI
' part of the other axis. 1^1
B. Minimum square feet: No requirement to have a minimum amount of square
' feet. U
C. The pitch of the roof of the manufactured home has a minimum vertical rise of
t three feet for each twelve feet of horizontal run (3.0 feet and 12 feet) and the
roof is finished with a type of shingle that is commonly used in standard resi-
dential construction;
1 D. All roof structures shall provide an ease projection of no less than six inches,
which may include a gutter,
Town of Leland Zoning Ordinance
Chapter 19- Article M- Page 76

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Section 19.131 Provisions Regulating Mobile & Manufactured Home Parks... cons
E. The exterior aiding consists predominantly of vinyl or aluminum horizontal lap
siding (whose reflectivity does not exceed that of gloss white paint), wood, or
hardboard, comparable in composition, appearance and durability to the exte-
rior aiding commonly used in standard residential construction;
F. The manufactured home is set up in accordance with the standards set by the
North Carolina Department of Insurance and a continuous, permanent ma-
sonry foundation or masonry curtain wall or any other commercially approved
siding including masonry, aluminum or vinyl, unpierced except for required
ventilation and access, is installed under the perimeter of the manufactured
home;
G. Stairs, porches, entrance platforms, ramps and other means of entrance and
exit to and from the home shall be installed or constructed in accordance with
the standards set by the North Carolina Department of Insurance, attached
firmly to the primary structure and anchored securely to the ground, and
H. The moving bitch (detachable), wheels and axles, and transporting lights
have been removed.
3. Manufactured Home Class B. A manufactured home constructed after July 1,
1976 that meets or exceeds the construction standards promulgated by the U.S. De-
partment of Housing and Urban Development that were in effect at the time of con-
struction, and that meet or exceed the following criteria:
A. The home has a minimum width of fourteen(14 feet);
B. The manufactured home is set up in accordance with the standards set by the
North Carolina Department of Insurance and a continuous, permanent ma-
sonry foundation or masonry curtain wall or any other commercially approved
siding including masonry, aluminum or vinyl, unpierced except for required
ventilation and access, is installed under the perimeter of the manufactured
home;
C. Stairs, porches, entrance platforms, ramps and other means of entrance and
exit to and from the home shall be installed or constructed in accordance with
the standards set by the North Carolina Department of Insurance, attached
firmly to the primary structure and anchored securely to the ground and;
D. The moving hitch (detachable), wheels and axles, and transporting lights have
been removed
Town of Leland Zoning Ordinance
Chapter 19 -Article X1- Page 77

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' Section 19.131 Provisions Regulating Mobile & Manufactured Some Parr.. cons.
' 4. Manufactured Home, Class C. A manufactured home constructed after July 1,
1976 that meets or exceeds the construction standards promulgated by the U.S. De-
partment of Housing and Urban Development that were in effect at the time of con-
struction and that otherwise does not meet the definitional criteria of a Class A or
Class B manufactured home.
' 5. Limitation on Age of Mobile Homes to be Located within the Town.
Notwithstanding any other provision of the Leland Code, no manufactured home shall
be brought into the Town of Leland and placed on a lot after the effective date of this
ordinance that is more than fifteen (15) years old at the time such manufiukured home
is to be brought into the Tows
Section 19.132 Ojj-Street Parking and/or Storage of Certain Vehicles
1. Vehicle Types
A. Mobile homes. The off-street parking or storage of any mobile home shall
' be prohibited in any district except an area established for sales, servicing,
maintenance and/or manufacturing of mobile or manufactured homes.
B. No mobile home, trailer, house trailer, or camper as defined in this code shall
be parked within the corporate limits of the Town or its extraterritorial juris-
diction and used for any purpose unless other wise specified in the permitted
' uses in the Zoning Ordinance and complies with all requirements and guide-
lines within such zoning district.
C. Commercial Trailers. A commercial trailer or semi -trader over sixteen
' (16) feet maximum in length shall not be parked or stored in any residential or
0&1 District except in an enclosed building unless a special use permit is is-
sued to the owner/occupant of the property. This regulation shall not be inter-
preted to prohibit the loading and unloading of commercial trailers in any such
district.
' D. Commercial Vehicles. One commercial vehicle with manufacturer's
' rating of not more than one 10,000 pounds gross vehicle weight may be
parked on any lot containing a principal building, provided that such vehicle is
parked off the street and is used by a resident of the premises. In all other
' cases, the parking of a commercial self-propelled vehicle in any residential dis-
trict is prohibited. This regulation shall not be interpreted to prohibit commer-
cial vehicles from loading or unloading in any residential district.
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Town of Leland Zoning Ordinance
' Chapter 19 - Article M- Page 78
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' Section 19.132 Off -Street Parking &lor Storage of Certain Vehicles cone
E. Recreational Vehicles. Parking or storage of major recreational equip-
ment may be permitted in accordance with the following conditions:
' (1) Unless it is stored in a garage, carport, or accessory building, such
equipment shall be parked or stored behind the portion of the principal
' building closest to the street, provided however, that parking shall be
permitted anywhere on the premises or on adjacent streets (if other-
wise lawful) not to exceed twenty-four (24) hours during loading and
' unloading.
(2) In any side yard not adjacent to a street no such equipment may be
' parked or stored if it exceeds six (6) feet in height above the ground,
provided, however, that masts, antennas, vent stacks, windshields or
other minor accessories may exceed this height limit.
' (3) Equipment exceeding the limitations set forth in (b) above, may be
' parked or stored outdoors only in the rear yard. Any equipment so
stored shall be subject to the requirements concerning accessory build-
ings in Section 19.71 (e).
' (4) No such equipment,, parked or stored on a residential lot shall be in
such location for living, sleeping housekeeping or business purposes.
Section 19.133 Fences and Walls
1
1. General A solid fence, wall or shrubbery screen for the purposes of privacy
' and/or security may be located in any required yard provided:
A. Section 19.71, Note 3a, b, and c, and Note 4 and Note 5 are observed;
B. In nonresidential districts:
' (1) No such solid visual obstruction shall exceed three (3) feet in height in
any yard adjacent to a street; and
' (2) The activities of the principal use may not extend into a front yard that
is screened by a solid fence, wall or shrubbery screen (e.g., a restaurant
' shall not enclose the front yard with a solid fence for the purpose of
providing customers a lounge, a bar or an eating area).
Town of Leland Zoning Ordinance
' Chapter 19- Article N- Page 79

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' Section 19.133 Fences and Walls continued
C. No open wire fence of a type that could inflict injury from casual contact
(such as barbed wire fence) is permitted below a height of six (6) feet in any
' district. Other types of open wire fencing (such as hurricane and chain link
fencing) may be erected in any yard. (see section 19.71, note 3-c).
2. Exceptions The wall and fence height limit does not apply to walls and fences con-
structed around electric and gas substations, telephone repeater stations, or huts,
sewage treatment plants, pressure regulator stations, buildings to house pumps and lift
' stations and similar structures; radio, telephone and television masts, towers, anten-
nas, and similar structures; municipal reservoirs and water storage tanks. Walls and
fences related to these uses need not conform to any of the yard or setback require-
ments specified in this ordinance.
' Section 19.134 Provisions Regulating the Development of Planned Unit Developments
' 1. Minimum Size. A planned unit development shall be located an a site containing at
least ten (10) contiguous acres.
' 2. Phases of Developments. The Planned Unit Development may be developed in
phases or sections as long as the phases are shown on the initial approved plat plan
' and assurance is provided of continuity of development and completion of the planned
unit development.
3. Design Standards. Planned Unit Developments are exempt from the Leland Subdi-
vision Regulations but shall comply with the following standards:
A. Maximum Ground Coverage. Maximum ground coverage by all structures
shall not exceed forty (40) percent of the gross site area. Gross site area shall
be defined as the total land area as shown on the Master Land Use Plan. If the
' scope of the project is of a magnitude that it requires that the PUD be com-
pleted in phases, then the maximum ground coverage standard shall not apply
to the individual phases, but only to the total land area as shown on the Master
' Land Use Plan.
t B. Setback and Height Restrictions. No building erected in any PUD District
shall exceed thirty-five (35) feet in height except as otherwise permitted in this
ordinance. No building shallbe erected, reconstructed, altered, or moved
' within twenty-five (25) feet of the property line such building faces except in
patio home developments where twenty-five (25) feet of the property line
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Town of Leland Zoning Ordinance
' Chapter 19 - Article XI - Page 80
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Section 19.134 Provisions Reg uladngDevelopment of Planned Unit Developments cone
such building faces except in patio home developments where twenty-five (25)
feet shall be reduced to fifteen (15) feet. No building shall encroach upon the
right-of-way of a publicly maintained street, a proposed thoroughfare shown
in an officially adopted thoroughfare plan, or a private vehicular or pedestrian
way in common ownership.
C. Budding Separation. Minimum required separation between adjacent build-
ings shall be fifteen (15) feet. Provided that a property owner may request an
exception to this minimum required separation through a special use permit
issued by the Town Council in accordance with Article VIII of the Zoning Or-
dinance. Special use permits shall only be granted for commercial, retail and
institutional establishments.
D. Streets/Internal Trafficways . A basic characteristic of a PUD is that the inter-
nal circulation paths or streets do not follow fixed linear geometric lines as do
most streets, but instead are curvilinear and of a meandering character for pro-
tection of tree and landscape specimens by going around them and for dehber-
ate slower paced traffic movements, making generous use of such features as
private restrictions for extremely low speed limits.
Creative design of trafficways is encouraged. Planned Unit Developments
must adhere to the Town of Leland Subdivision Regulation design standards
for drainage and paving. Street widths and right of ways must adhere to the
design standards set out in the Leland Subdivision Regulations.
' E. Assured Recreation/Open Space. In any PUD District, a minimum of five (5)
percent of the total land area shall be reserved as open space. Any area or seg-
ment of land less than eight feet in width may not be included in calculating
' the minimum open space reservation unless such 1 and is clearly a part of an
open space system, such as a pedestrian walkway.
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A minimum of twenty-five (25) percent of the required open space shall be de-
veloped for active recreational purposes, such as tennis courts, ball fields, or
playgrounds. Special considerations shall be given for golf courses. Ten (10)
percent of the golf course area may be computed as active recreational area
and count towards the fulfillment of the active recreational area requirements.
In order for a golf course to qualify as active recreational area it must be open
to the general public; user fees may may be charged, but golf courses with ex-
clusive memberships (those that require any or all of the following: initiation
fees, dues, and member sponsorship) will not be computed as active recre-
ational area. Such recreation area shall be conveniently and centrally located
Town of Leland Zoning Ordinance
Chapter 19 -Article A7- Page 81
I

' Section 19.134 Provisions RegulatingDevelopment of Planned Unit Developments cont
'
to the housing units. Building areas for recreational facilities may be computed
as open space.
Provisions for continuous maintenance of open space, specifically including
that developed for active recreational purposes, shall be made by the devel-
oper either through proposed dedication to the Town of Leland, if acceptable,
or through the establishment of a private homeowners association.
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Transitional Use Area. In to insure land
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F. order compatibility with adjoining
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uses and districts, a transitional use area, fifty feet in depth, shall be estab-
lished along the exterior property lines of any PUD District. Where the exte-
rior property lines of a PUD District are adjacent to Residential uses, only res-
idential uses may be permitted within the transitional use area. Where the exte-
rior property lines of a PUD District are adjacent to Commercial Districts, the
�L{
transitional use area shall be a buffer zone and meet the standards for buffer
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zones as defined by this ordinance.
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G. Commercial Signs. Commercial signs shall be governed by the Town of Le-
land Sign Ordinance.
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Ii. Residential Development Signs. These signs shall display the name of a resi-
dential subdivision or neighborhood. Such signs shall not include the name of
'
any builder, contractor, reahor, or other person or business associated with
the construction/sale of homes within the development; instead, only the name
of the development shall be displayed. Residential development signs shall not
'
exceed an overall size of 750 square feet nor a height of eight (8) feet, exclu-
sive of any ornamental support structures. Only two (2) residential develop-
F--j
meat signs shall be permitted per entrance of a PUD. The combined total sign
area for one or more residential development signs shall not exceed one (1)
'
square foot per lot within the PUD as shown in the site specific plan.
The applicant shall submit a scaled drawing of one (1) inch equals (1) foot of
'
each residential development sign. If all residential development signs are to
be the same then only one drawing for each different sign shall be submitted.
'
The applicant shall submit a written description of how the residential devel-
opment sign(s) will be maintained
1
I. Utilities. Water and sewer systems meeting state and local requirements are
to be provided Provision of service to each housing unit or non-residential
unit or structure by public utilities for electric and telephone shall be exhibited
an the Plan and certified by the provider thereof Adequate easements for
Town of Leland Zoning Ordinance
Chapter 19 -Article M - Page 82

ISection 19.134 Provisions RegulatingDevelopment of Planned Unit Developments cont
' ingress and egress for maintenance of these utilities shall be provided.
' All utilities shall be underground.
L Off -Street Parking. In residential areas, off-street parking shall be pro-
vided at a ratio of two spaces per dwelling unit. Commercial areas
shall adhere to the off street parking requirements set forth in the
Town of Leland Zoning Ordinance.
' K Density Limitation. Average development density shall be chosen
prior to application for rezoning and shall be designated on a Master
' Land Use Plan for the project. The maximum density shall not exceed
six (6) dwelling units per acre. In computing the dwelling units per
acre, the total land area shall be used minus any areas that are to be
' designated as commercial, recreational, or open space uses.
Ecologically sensitive lands, such as marsh, Carolina Bays, pocosins
' and swamps, when in the ownership of the owner/applicant, are to be
preserved whenever possible for the public interest. For such lands, fiill
' density credit is to be applied as long as such areas are left undis-
turbed. If these lands are developed, then only half of the density credit
will be given.
' 4. Elements of the PUD.
' A. Planned Unit Developments shall contain two (2) elements for Planning Board
Approval:
' (1) a master land use plan of the proposed planned unit development;
(2) a site specific plan for each development phase within the planned unit
' development (herein "Site Specific Plan" or "Site Plan").
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B. The Site Specific Plan shall be shown on a plat which, following approval as
set forth in this ordinance, shall be recorded in the office of the Brunswick
County Register of Deeds. The approved Site Specific Plan shall contain the
language "Approved As A PUD Site Specific Plan In Accordance With The
Ordinances Of The Town Of Leland, NC".
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Town of Leland Zoning Ordinance
Chapter 19- Article A7-Page 83

' Section 19.134 Provisions RegulatingDevelopment of Planned Unit Developments cont.
' C. Special Requirements. Before site specific plat approval is issued, a property
owners association and/or declaration of condominium, guaranteeing adequate
maintenance and continued operation of all assured open space and other pri-
vate service facilities, shall be filed with the Town.
5. Procedural Requirements for Establishment of PUD Districts and Projects
' A. Master Land Use Plan Requirement.
(1) Purpose. The Master Land Use Plan aMP herein) is intended to be
' the primary supporting proof; and shall demonstrate, when considered
in its entirety or by its separate components, (if the proposed PUD
District is established and developed) , that the purposes of this Ordi-
nance and the purposes of this Section are met.
(2) Criteria for Review by the Planning Board and Town Council. In re-
'
viewing the LUP and making recommendations thereon, the Planning
Board and Town Council shall consider and be guided by the following
'
criteria:
(a) the compatibility of the proposed project with the surrounding
'
districts and land uses;
(b) the effectiveness of the proposed project in providing more
'
economical and efficient use of land;
(c) the effect of the proposed project on the ability of the Town to
provide public facilities or services;
(d) the effectiveness of the proposed project in providing and pre-
serving open space, the scenic quality of the site, and recre-
ational opportunities; an
d
(e) the degree to which the project will provide a more desirable
development and living environment than would be possible
under conventional District requirements.
Town of Leland Zoning Ordinance
tChapter 19 -Article N- Page 84

' Section 19134 Provisions RegulatingDevelopment of Planned Unit Developments cont
' (3) Master Plan Application Submittal
' (a) A pre -application conference between the applicant and the
Zoning Administrator shall occur prior to any presentation to
the Planning Board. Any effort to secure this conference is the
sole responsibility of the owner/applicant. The primary purpose
of this conference is to provide assistance and guidance to the
applicant for the swift and most comprehensive review of the
proposed planned unit development. To ensure an equal under-
standing, this conference will provide a mutual exchange of ba-
sic information that is needed to facilitate and clarify the re-
quested review process for all planned unit developments.
(b) Once the pre -application conference is complete, the applicant
' will prepare a Master Land Use Plan (LUP) of the entire
planned unit development. The applicant will complete the
Master Land Use Plan compliance sheet as a requirement of
the application.
' (4) Contents. In addition to the information required in the application
for rezoning, the LUP shall include the following:
' (a) a map, drawn to a scale no less than one inch equals one hun-
dred (100) feet, showing the approximate location, size, and
arrangement of existing and proposed:
' (i) open space areas, active and passive recreational areas;
1
(h) buffer zones and transitional use areas;
(iu) neighboring land uses and zoning districts;
(iv) systems and easements for water, sewer, and drainage;
(v) streets, sidewalks, and parking lots;
(vi) vehicular and pedestrian circulation systems;
(vh) structures, buildings, roads, easements, and land uses;
(vii) order of development of areas to be developed
in sequential order;
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Town of Leland Zoning Ordinance
Chapter 19 -Article M- Page 85

'
Section 19.134 Provisions RegulatingDevelopment of Planned Unit Developments cont
'
(ix) vegetation;
(x) nonresidential land uses, buildings, and structures;
(w) all single and/or multifamily dwelling units;
'
(xii) commercial areas.
Q
homeowner's The
(b) Any covenants creating a association.
'
covenants shall be filed with the Town of Leland. The Town of
Leland will not be responsible for any enforcement, regulation,
'
review, or endorsement of covenants that create a home-
owner's association or any of the subsequent regulations cre-
ated by the homeowner's association.
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(5) Approval of Master Land Use Plan (LUP) and Rezoning Application.
A PUD District may be established only after amendment to the Offi-
cial Zoning Map under the same procedural requirements and Stan-
dards of review as any other rezoning application; provided, however,
that the following additional standards and procedures shall apply to
'
PUD District applications:
(a) Twelve ( 12 ) copies of a Master Land Use Plan, as described
'
above shall be submitted to the Zoning Administrator with the
rezoning application;
(b) The Planning Board, after review of the LUP and application,
I --I
shall submit its recommendation to the Town Council;
'
(c) The Town Council shall, after consideration of the application,
the LUP, the recommendations of the Planning Board, and the
U
criteria set out in the Sections above either approve or disap-
prove the plan and application.
'
B. Site Specific Plan.
Qa�
(1) Purpose. If the planned unit development is of a size that it must be
completed in phases, it is the responsibility of the applicant or owner
to present Site Specific Plans of each phase prior to development of
the phase to the Zoning Administrator for approval. A Site Specific
Plan is intended to insure that a proposed PUD development is actually
constructed and developed in accordance with the approved LUP.
Town of Leland Zoning Ordinance
' Chapter 19 -Article N- Page 86

I
' Section 19.134 Provisions RegulatingDevelopment of Planned Unit Developments coat.
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The applicant or agent will be presented with a planned unit develop-
ment compliance sheet to assist with the completion of the Site Spe-
cific Plan in a more accurate and efficient manner.
(2) Criteria for Review by the Planning Board and Town Council. In re-
viewing a Site Plan, the Planning Board and Town Council shall con-
sider and be guided by the following criteria:
(a) the degree to which the proposed Site Plan actually implements
the LUP;
(b) the effectiveness of the proposed Site Plan in meeting the
established criteria;
(c) the effectiveness of the proposed Site Plan in promoting the
purposes of this Ordinance and Section
(3) Contents and Forms. The Site Specific Plans are in more detail and
must comply with the following criteria:
(a) It shall be drawn to scale no less than one inch equals one hundred
(100) feet;
(b) The Site Specific Plan must be prepared and certified by an archi-
tect, landscape architect, engineer, or land surveyor registered
in accordance with the laws of the State of North Carolina;
(c) Site Specific Plans will be drawn accurately enough to permit any
point on the plan to be readily identified on the ground. Thir-
teen (13) copies of a Site Plan shall be submitted to the Zoning
Administrator.
(4) General Requirements for Site Specific Plans. Site Specific Plans shall
indicate the following:
(a) the boundary of the property by courses and distances, area,
and present zoning of the tract.
(b) The names and abutting recorded subdivisions, and owner and
present use of all abutting property.
Town of Leland Zoning Ordinance
Chapter 19 -Article M- Page 87

' Section 19.134 Provisions RegulatingDevelopment of Planned Unit Developments cent
' (c) Widths and names of abutting streets and alleys.
' (a) All tracts of land (lots) shall be shown, and an average lot shall
be shown indicating average lot size, building position, and
driveway connection. Also, all streets, alleys, public easements,
and private easements shall be shown. Parcel dimensions (both
' linear and angular) for locating boundaries of the tract, are not
necessary at this stage because they will be required to be
' shown on the final plat that is to be recorded at the Brunswick
County Register of Deeds.
'
(e)
Date, north arrow, scale, number of sheets.
(f)
Name and address of the owner or owners of the tract and the
'
name of the applicant.
(g)
All budding restriction lines, highway setback lines, easements,
'
covenants, reservations and right-of-ways.
'
(h)
Existing topography with a maximum of two (2) foot contour
intervals.
(1)
SoIl types and geology of the site.
07
Name, address, signature, and registration number of the pro-
fessional preparing the plan.
(5) Existing
Improvements and Features to be Shown on Site Specific
Plans.
The following existing improvements and features shall be
shown on Site Specific Plans:
'
(a)
Sidewalks, streets, alleys, and easements.
(b)
Buildings and structures.
'
(c)
Driveways, entrances, exits, parking areas, and loading spaces.
' (d) Sanitary sewer systems.
(e) Water mains and fire hydrants.
(f) Gas, power, telecable and telephone lines.
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Chapter 19 - Article M - Page 88

I
1 Section 19.134 Provisions RegulatingDevelopment of Planned Unit Developments cont.
'
(g) Recreation areas.
'
(h) Storm drainage systems to include natural and artificial water
courses.
'
(i) Limits of flood plains.
(6) Proposed Improvements. All proposed streets and alleys and the -
boundaries of all other portions intended to be dedicated to public use
shall be shown on the Site Specific Plan.
t()
Buildings and structures shall be shown on the Site Specific Plan and
the following shall be indicated on such Plan:
'
(a) Number of dwelling units
' (b) Driveways, entrances, exits, parking areas, and loading spaces
including the total number of parking and loading spaces at all
' commercial buildings.
(c) Sanitary sewer systems.
' (d) Water mains and fire hydrants.
' (e) Gas, power, telecable, and telephone lines.
(f) Recreation and open space areas.
(g) Plans for collecting and depositing storm water and the method
of treatment of natural and artificial water courses including the
' delineation of any proposed limits of flood plains.
(8) Required Improvements. Easements and right-of-ways for all facilities
' to be publicly maintained shall be shown on the Site Specific Plan, pro-
vided that each easement shall be clearly defined for the intended pur-
pose.
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Town of Leland Zoning Ordinance
' Chapter 19 - Article M- Page 89
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' Section 19.134 Provisions RegulatingDevelopment of Planned Unit Developments cont
' C. Approval of Site Specific Plan and Issuance of Building Permits. No construc-
tion, excavation, or clearing shall be commenced or any Building Permit is-
sued within any PUD District which does not conform to an approved Site
Plan. The procedures for approval of a Site Plan are as follows:
(1) .
A Site Specific Plan shall be submitted to the Town for approval fol-
'
lowing approval of the LUP and amendment of the Zoning Ordinance
by the Town Council. Following submission of the Site Specific Plan
to the Town, the Zoning Administrator will schedule a planned unit
development review session with the applicant or owner.
'
(2)
The purpose of the review session is to ensure that the Site Specific
Plan meets all the requirements of this Ordinance, the zoning ordinance
and any other applicable Town, State and Federal ordinances, regula-
tions or statutes. After the Zoning Administrator has determined that
the Site Specific Plan complies with the provisions of this ordinance,
the Site Specific Plan will be forwarded to the Planning Board for its
'
review.
(3)
After holding a public hearing, the Town Council may approve or dis-
'
approve the Site Plan.
'
(4)
If the scope of the project is of a magnitude that it requires that the
PUD be completed in phases, then the Site Plan for the first phase shall
be submitted for review to the Planning Board after the Town Coun-
'
cirs approval of the LUP and amendment to the Official Zoning Map.
(5)
After approval by the Town Council, one (1) mylar map showing the
approved Site Specific Plan will be provided to the Zoning Administra-
'
tor together with a check payable to the Town of Leland in an amount
equal to the greater of $3.00 for each lot shown on such map or
$25.00. After review of such map by the Zoning Administrator, the
'
Zoning Administrator will advise the applicant or owner that the map
is acceptable and the applicant or owner will be responsible for record-
,
ing one (1) mylar map in the office of the Brunswick County Register
of Deeds. No construction or work of any kind on the site may com-
mence until the map has been recorded in the office of the Brunswick
'
County Register of Deeds.
(6)
If the proposed planned unit development is to be completed in one (1)
'
initial phase, the applicant or owner may submit a LUP that contains
all of the above mentioned elements of the Site Specific Plan.
Town of Leland Zoning Ordinance
'
Chapter 19 - Article M- Page 90
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Section 19.134 Provisions RegulatingDevelopment of Planned Unit Developments cont.
�l
1
E
1 2.
1
(7) If any modifications are made to the Site Specific Plan, then the Zon-
ing Administrator will follow the specific conditions specified in
"Amendments to Master Plan and Site Specific Plan"
(8) The applicant or owner must complete these steps each time a new
phase of a planned unit development is to begin construction or any-
time that modifications are made.
D. Authority to Impose Conditions and Modify LUP or Site Plan. In order to
promote the purposes of this Ordinance and Section, the Town Council is au-
thorized to impose such reasonable conditions, make reasonable modifica-
tions, or require additional information that it may reasonably need, prior to
approval of any LUP. The Town Council may impose such reasonable condi-
tions, make reasonable modifications, or require additional information that
may be needed prior to approval of any Site Plan.
Amendments to Master Plan and Site Specific Plans. Any and all amendments to
the Master Plan and/or Site Specific Plans for the planned unit development shall be
subject to the following review procedures:
A. Approval by the Zoning Administrator is required for the following:
(1) Changes which result in a decrease in assigned density for a specific
parcel, either residential or non-residential.
(2) Change in land use designation from multi -family to single-family or a
change from any other use to open space/passive recreation.
B. Approval by the Planning Board and Town Council is required for the follow-
ing:
(1) Applicants for special exception amendments to master plans shall sub-
mit all information as required for a special exception request. Once an
amendment to a master plan is approved, the applicant shall provide to
the Planning Board an amended copy of the master plan for the official
record
(2) Change in Land Use Designation to increase density for master plan or
Site Specific Plan
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Town of Leland Zoning Ordinance
Chapter 19 - Article M- Page 91

' Section 19.134 Provisions RegulatingDevelopment of Planned Unit Developments corn
' 3. Commercial Use within Planned Unit Developments. Commercial use within a
planned unit development is permitted as long as the PUD contains at least twenty (20) acres.
' The developer may designate an area not greater than five (5) percent of the total acreage for
commercial use. Commercial use must be designed and located to serve primarily the planned
unit development. Commercial uses shall not access directly on a street outside the planned
' unit development without a special use permit. Retail sales and professional offices/ institu-
tions will be permitted. Outdoor sales, outdoor storage type uses, and industrial type uses will
be prolubited. All outdoor advertising signs will be considered part of the commercial use
' within the planned unit development.
' Section 19.135 Yard Sales
1. Yard sales shall be permitted in all zoning districts subject to the provisions of this
zoning ordinance.
' 2. Yard sales conducted at commercial establishments shall only be conducted by non-
profit organizations for non-profit causes. The entity conducting a yard sale at a
' commercial establishment must have written permission to conduct such sale from the
commercial establishment in its possession and available for inspection at all times
during the sale. Yard sales conducted at during the sale. Yard sales conducted at
' commercial establishments and residences shall be limited to no longer than two con-
secutive days. No more than one yard sale (of up to two consecutive days) shall be
conducted in each 30 calendar day period.
' 3. In the event a yard sale extends for two consecutive days as permitted herein, all mer-
chandise shall be removed from the sales location at 6:00 p.m on the day of the first
sale and may not be relocated to the sales location prior to 6:00 am. on the second
day of such sale.
' 4. Yard sales shall be conducted so as to not impede or interfere with the flow of traffic
on any adjacent or surrounding streets or rights of ways and shall be conducted only
between the hours of 6:00 am. and 6:00 p.m
' 5. Any entity conducting a yard sale, other than one conducted by a resident at his or her
home, shall apply for and obtain a permit from the Town Manager before conducting
' such sale. The application for the permit must be submitted to the office of the Town
Manager at least 24 hours before the start of the sale and for sales to be held on Sat-
urday or Sunday, no later than the close of business on the preceding Thursday. The
application shall identify: (a) the name of the entity conducting the sale; (b) the ad-
dress and owner of the location where the sale is to take place; (c) the date and hours
Town of Leland Zoning Ordinance
' Chapter 19 - Article XI - Page 92

' Section 19.135 Yard Sales continued
1
of the sale; and (d) the name, address and telephone number of the contact person for
the entity conducting the sale. Ther permit so issued must be displayed in a conspicu-
ous location at the place of the sale during all sales hours.
Section 19.136 Performance Development Standards for R-6 Zoning District
1. Density standards and setbacks required in the R-6 District may be amended as set
' forth in this section for a newly developed subdivision that provides the following in-
fiastructure and meets the following requirements:
1
1
A. Paved roads.
B. Curb and gutter.
C. Municipal or community water system.
D. Municipal sewer system.
E. Contains undivided areas designated as open space available for all owners of
property in the subdivision.
F. Homeowners are members of a homeowners' association.
G. Underground utilities are provided
H. Street lights are provided
I. Minimum size of the subdivision is five acres.
2. For those subdivisions meeting the requirements set forth in paragraph 1. above, a
density limit of seven units per acre shall apply in lieu of individual minimum lot sizes.
Setbacks and lot criteria shall be as follows:
A. A 25-foot setback shall apply between any building or structure constructed
within the subdivision where such subdivision adjoins a different zoning
district.
B. Front yard setback shall be IS feet.
Town of Leland Zoning Ordinance
Chapter 19 - Article X1- Page 93

Section 19136 Performance Development Standards for R-6 Zoning District cont.
C. Setback between structures shall be 10 feet.
D. Minimum lot width for individual structures shall be 40 feet.
Section 19.137-19.140 Reserved
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Town of Leland Zoning Ordinance
Chapter 19 - Artkle Xl - Page 94

I
' Section 19.141 Nonconforming situation
1
1
1
1
1
1
A situation that occurs when, on the effective date of the ordinance from which this section
was derived or any amendment to it, an existing lot or structure or use of an existing lot or
structure does not conform to one (1) or more of the regulations applicable to the district in
which the lot or stricture is located the lot, structure or use shall be considered nonconform-
Section 19.142 Continuance of Nonconforming Situation
The lawful use of a structure, land or use of structure and land existing at the time of the pas-
sage of this ordinance from which this section was derived may be continued although such
does not conform with the provisions of this chapter provided they conform to the following
provisions:
1. Minimum single lot requirements. Where the owner of a lot, or his successor in
title thereto does not own sufficient land to enable him to conform to the dimensional
requirements of this chapter, the lot may be used as a building site for a single-family
dwelling, provided that the minimum back, front, and side yard requirements for the
district in which the lot is located are met.
2. Extension in setback space. A structure that is nonconforming as to setback re-
quirements but conforms to the permissible use within the district in which it is lo-
cated shall not be enlarged or extended in any direction (horizontally or vertically)
into the required open space of the setback area except for energy conservation enclo-
sures in subsection (9), below, and changes in roof design in subsection (10) below.
3. Change of use. A nonconforming use shall be changed to only those uses that are
permitted in this chapter for the district in which such nonconforming use is located.
4. Extension in use. There shall be no extension in a nonconforming use that would
increase building occupancy, building square footage, production, servicing or utility
demands.
5. Repairs and alterations. Normal maintenance and repairs, and improvements of
nonconforming buildings shall be permitted provided that it does not violate sections
(2)-(4) above.
6. Damage or destruction. Any nonconforming structure or any building contain-
ing a nonconforming use which has been damaged, destroyed, demolished, or re-
moved either by accident or by natural causes may be reconstructed and used as be-
fore if a building permit is applied for within one (1) year from the date of destruction,
provided, it does not violate subsections (2)-(4) above.
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Town of Leland Zoning Ordinance
Chapter 19 -Article XU- Page 95

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1
Section 19.142 Continuance of Nonconforming Situation continued
7. Cessation. If active operation of a nonconforming use is discontinued for a period
of twelve (12) consecutive months, such nonconforming use shall thereafter be used
only for a conforming use. A cessation will also occur when a structure is wrllfidly re-
moved. Once a nonconforming situation has been changed to a more conforming situ-
ation, it shall not revert back to a nonconforming situation.
8. Transfer of nonconforming property. Nonconforming situations cannot be 0
transferred with a lot if it is vacant at the time of transfer, except as noted in subsec-
rA
tion (1) above.
9. Energy conservation. A covered entrance way already in existence within the set-
back area, which has a permanent foundation and floor and is covered by an existing
roof, may be enclosed for energy conservation purposes. The inside dimensions of the • �--i
enclosure shall be less than seventy (70) square feet in area.�,r
10. Change of roof design. A flat roof may be changed to a pitched roof provided U
that such roof shall not exceed a four (4) to twelve (12) ratio. The pitched roof shall
not extend horizontally any further than the existing nonconforming situation, nor O
shall it exceed the current building height limitation. Gutters and downspouts shall be U
provided to control runoff when adjoining property would be affected as a result of
this modification. Where gutters are required, they shall not encroach on the adjoining property. 0 O
11. Transfer of Nonconforming Use. A nonconforming use maybe transferred to a F-{
new owner unless there has been a lapse of use for one year (365 days). ~
M--1
12. Manufactured homes placed on leased spaces in manufactured home parks and
mobile home and travel trailer parks. Manufactured homes located on manufic-
tured home spaces in a manufactured home park or mobile home and travel trailer
park may be replaced with larger manufactured homes if-
A- The manufactured home park or mobile home and travel trailer park is a per- �•j
miffed nonconforming use; and Q�
B. The manufactured home lot space/lot on which the manufactured home is
placed is not less than 4,500 square feet in size; and
C. The use of the manufactured home is in all other respects in compliance with
the Leland Code.
Sections 19.143-19.1SO
Reserved
Town of Leland Zoning Ordinance
Chapter 19-Article.W - Page 96

I
'
Section 19.151 Administration of the Zoning Ordinance
con
'
1.
The Town of Leland shall appoint a Code Enforcement Administrator to administer
0
and enforce this ordinance. The officer may be provided with the assistance of such
C)
other persons as the Town Council may direct.
2.
The Code Enforcement Administrator of the Town of Leland is hereby authorized and
O
it shall be his duty, to administer and enforce the provisions of this ordinance except
C)
as otherwise provided herein. Appeal from a decision of the Code Enforcement Ad-
a
ministrator may be made to the board of adjustment as provided in Article XIV.
1
_
3.
If the Code Enforcement Administrator finds that any of the provisions of this ordi-
nance are being violated, he shall notify in writing the person responsible for such vio-
lations, indicating the nature of the violation and ordering the action necessary to cor-
rect it. He shall order discontinuance of any illegal work being done and shall take any
other action authorized by the Town Code or General Statutes of the State of North
Carolina to ensure compliance with or to prevent violation of the provisions of this
ordinance.
Section 19.152 Building Permits4-1
• ^�
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1.
Upon adoption of this ordinance, no building permit shall be approved by the Building
rA
'
Inspector except in conformity with the provisions of this ordinance and until the offi-
cer receives a signed certificate from the Code Enforcement Administrator, or unless
cer
• .--i
he receives a written order from the Board of Adjustment in the form of an adminis-
trative review or variance as provided by ordinance.
2.
The Code Enforcement Administrator shall not submit a Certificate of Zoning Com-
pliance for the issuance of a building permit unless the plans, specifications and in-
tended use of such building or structures or part thereof conform in all respects to the
provisions of this ordinance. The application for a Zoning Certificate shall be accom-
F~
panied by such information as the Code Enforcement Administrator may lawfully re-
quire to enable him to act upon such application. A fee shall be charged for the is-
suance of each Zoning Certificate.
3.
Each application for a Zoning Certificate shall include information as to the location
U
of applicable Areas of Environmental Concern (AEC'S). Prior to the issuance of a
'
building permit, the Building Inspector or Local Permit Officer shall certify that the
proposed structure or facility is in accordance with the State Guidelines for Areas of
Environmental Concern.
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Town of Leland Zoning Ordinance
Chapter 19 - Article AM- Page 97

' Section 19.152 Building Permits continued
1 4. For purposes of enforcing the above paragraph of this section, the "Local Permit Offi-
cer" shall be the Building Inspector or his designee in accordance with the Coastal
' Area Management Act Implementation and Enforcement Plan for Brunswick County.
5. Before commencing the construction, erection, repair, alteration, addition to, or mov-
ing of any building or structure or part thereof, or before commencing any excavation
for such building or structure, (except where specifically authorized by this ordi-
nance), a building permit for the same shall be secured from the building inspector ac-
cording to the fees.
' 6. Before commencing the removal or demolition of any building or structure or part
thereof, a building permit authorizing said demolition shall be obtained from the build-
ing inspector at no charge or fee.
' 7. The building inspector shall not issue a building permit unless the plans, specifications,
and intended use of such building, structure, land or part thereof conform in all re-
' spects to the provisions of this ordinance, as determined by the Code Enforcement
Administrator. The application for a building permit shall therefore be accompanied
by a zoning permit signed by the zoning administrator, as well as any additional infor-
mation required by the building inspector. In cases where an appeal is filed by the ap-
plicant, or where he applies for a variance, the Code Enforcement Administrator shall
forthwith transmit all of the papers pertaining to the application to the board of ad
' justment for its action.
' Section 19.153 Certifcate of Compliance
' 1. It shall be unlawful for any person to change or commence the use of any building or
land, except the use of land for agricultural purposes, until a Preliminary Certificate of
Zoning Compliance has been issued by the Code Enforcement Administrator for the
Town of Leland stating that the proposed use complies with the provisions of this or-
dinance and all applicable codes of the Town of Leland and State ofNorth Carolina
and the applicant for the Preliminary Certificate of Zoning Compliance has paid the
application fee as established by the Town Council.
' 2. The applicant for a Preliminary Certificate of Zoning Compliance shall be required to
provide the Code Enforcement Administrator with a diagram of the property drawn to
scale and showing the location of any proposed improvements. Such diagram may be
prepared by a surveyor or may be prepared by utilizing tax maps of the property.
Provided, however, that any such layout must be to scale and must clearly show the
location of the property and any proposed improvements.
Town of Leland Zoning Ordinance
' Chapter 19 -Article MU- Page 98
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' Section 19.153 Certificate of Compliance continued
3. The applicant for a Preliminary Certificate of Zoning Compliance shall be required to
locate the boundaries of the property for which the Preliminary Certificate is re-
quested in such a manner that the boundaries can be identified by the Code Enforce-
ment Administrator. Such markings may include stakes being placed at the corners
and strings tied between such stakes along the boundaries of the property. Other
methods of identifying the corners and boundaries of the property are acceptable so
long as such methods clearly delineate the location of the property in question. The
' Code Enforcement Administrator shall not issue a Preliminary Certificate of Zoning
Compliance until such time as the property has been marked in such a fashion that its
comers and boundaries can be located. If after the Preliminary Certificate of Zoning
' Compliance is issued, it is determined that the comers and boundaries were improp-
erly located, the Code Enforcement Administrator shall immediately revoke the Pre-
liminary Certificate f Zoning Compliance and all construction activity on the property
shall cease until it is determined that the Preliminary Certificate of Zoning Compliance
was properly issued.
' 4. Upon completion of any new construction and prior to occupancy of the property and
the issuance of a Certificate of Occupancy by the Brunswick County Building Inspec-
tor, the property owner must acquire a Final Certificate of Zoning Compliance from
' the Code Enforcement Administrator. If the Code Enforcement Administrator is un-
able to determine that the completed construction complies with the provisions of the
Zoning Ordinance of the Town of Leland, North Carolina, the Code Enforcement Ad-
' ministr for may require the property owner to submit a final plot plan prepared by a
registered surveyor showing the boundaries of the property and the location of the
new construction on such property.
' State law reference - Certificates of compliance, G.S. 160A-423
' Section 19.154 Determination of Eract Location of Zoning District Boundary Lines
1
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The Code Enforcement Administrator shall decide the exact location of zoning district
boundary lines when a question arises concerning boundary lines shown on zoning maps, sub-
ject to administrative review by the board of adjustment provided for in section 19. 179.
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Town of Leland Zoning Ordinawe
Chapter 19-Article MU -Page 99

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Section 19.155 Building Permits Issued Prior to Adoption of this Ordinance
Nothing herein contained shall require any change in the plans, construction size or desig-
nated use of any building structure or part thereof for which a building permit had been
granted by the building inspector before the time of passage of this ordinance; provided, how-
ever, that where construction is not begun under such outstanding permit within a period of
sixty (60) days subsequent to passage of this ordinance any further construction or use shall
be in conformity with the provisions of this ordinance and as set out in G.S. 106A-418.
' Section 19.156 Changes and Amendments
' The Town Council may, on their own motion or upon petition, after public notice and hearing
amend, supplement, change, modify or repeal the regulations or maps herein or
' subsequently established, subject to the rules and procedures established by law and more
specifically established in the following subsection:
' 1. The Town Council shall hold hearings and consider changes to the ordinance at any
regularly scheduled monthly meeting. Applicants shall be advised by the Town Clerk
as to when their request shall be heard by the Town Council. Requests for changes
will be taken on a first come - first served basis so as to afford all interested parties an
11
opportunity to make their opinions known or any request of interest to them
' 2. Before adopting or amending any ordinance authorized by this article (G.S. Section
160A-360 - 160A-458.1), the Town Council shall hold a public hearing on it. A no-
tice of the public hearing shall be a newspaper having general circulation in the area.
The notice shall be published the fast time not less than ten (10) days nor more than
twenty-five (25) days before the date fixed for the hearing. In computing such period,
' the day of publication is not to be included but the day of the hearing shall be in-
cluded. The applicant for a zoning change or conditional use permit, if said applicant
is other than the Town Council or Plaiming Board, shall be required to post a sign
' provided by the zoning administrator describing the proposed change or permit re-
quest at least fifteen (15) days prior to the meeting(s) at which the request is to be
heard. Said sign shall be posted in such a manner as to be visible from the dominant
' public right-of-way adjacent to or in the vicinity of the property in question.
3. The Town Council shall not take action on a proposal to amend the ordinance until a
recommendation has been received from the Planning Board, provided that if the
1 Planning Board does not submit a recommendation within such time as requested by
council and, if no such time is specified try Council, then, and in the event, a reason-
able time shall be sufficient. The Town Council shall state its reasons for any action
taken and shall maintain a permanent record of all such actions.
Town of Leland Zoning Ordinance
tChapter 19- Article XlU- Page 100
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' Section 19.156 Changes and Amendments continued
4. In case, however, of a protest against such proposal duly signed by the owners of
twenty (20) percent or more of the area of the lots included in such proposed change,
' or of those immediately adjacent thereto either in the rear thereof or on either side
thereof, in the rear thereof or on either side thereof, extending one hundred (100) feet
from the street frontage of such opposite lots, such amendment shall not become ef-
fective except by fivorable vote of three -fourths of all the members of the Town
Council
t5. All applications for amending the zoning ordinance or map shall be submitted to the
zoning administrator. The proposal shall contain a metes and bounds description or
' deed drawing of the area involved or a reference to lots in an approved subdivision, a
statement of the present and proposed zoning classification of the property the names
and addresses of the owner(s) of the property involved and the names and addresses
' of the owner(s) of the property immediately adjacent thereto on all sides and across
any street. Provided, that the names and addresses of the property owners shall not be
required of proposals initiated by the Planning Board where, in the opinion of the
' Planning Board, the manner of the proposal would make it impractical to list the
names and addresses of property owners.
' 6. There shall be a fee payable to the Town Leland for each application for rezoning.
The amount of said fee shall be fixed by the Town Council and shall be sufficient to
partially defray all administrative costs incurred in processing the application, notify-
ing adjacent property owners, obtaining technical assistance and publishing the notice
of public hearing. No refund of the fee or any part thereof shall be made once the ap-
plication has been advertised for the public hearing No action will be taken and no ap-
plication will be valid until such fee has been paid. A fee shall not be required if the
application is initiated by the Town Council or Planning Board.
' 7. No such proposed change in the zoning ordinance or map if denied by action of the
Town Council (or Planning Board) may be submitted within a period of one (1) year
' from the date of such denial by the Town Council (or Planning Board), unless the
Town Council shall unanimously find that changing condition in the area or new infor-
mation concerning the property requested for rezoning warrant a resubmission for
' change in the zoning ordinance or map. Provided that the one (1) year waiting period
shall not be applicable or otherwise be involved in the filing of a new application for
rezoning all or any part of the property previously considered by the Planning Board
or the Town Council where the new application requests rezoning to a different zon-
ing district classification. Nevertheless, not more than two (2) applications may be
filed for rezoning all or part of the same property within any twelve (12) month's
' (month's) period.
1
Town of Leland Zoning Ordinance
' Chapter 19 -Ankle M- Page 101
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' Section 19.157 Prohibition of Certain Testimony
It is the intent of this section that the applicant for rezoning of any district shall be prohibited
from offering any testimony or evidence concerning the specific manner in which he intends
to use or develop the property after submitting the initial request for zoning change unless he
is the owner of the property thereof.
' Section 19.158 Interpretation, Purpose, and Conflict
In interpreting and applying the provisions of this ordinance they shall be held to be the mini-
mum requirements for the promotion of the public health, convenience, prosperity, and gen-
eral welfare. It is not intended by this ordinance to interfere with or abrogate or annul any
easement,
covenants, or other agreements between parties, provided however, that where this ordinance
imposes a greater restriction upon the use of buildings or premises or upon the height of
buildings, or requires larger open spaces than are imposed or required by other ordinances,
' rules, regulations, or by easements, covenants, or agreements, the provisions of this ordi-
nance shall govern
Section 19.159 Submitting Requests to Planning Board
' The Town Council has required that all Planning Board agenda items be submitted to the
Code Enforcement Administrator ten (10) working days before the Planning Board's regu-
larly scheduled monthly meeting. (see Article VHI, Section 19.92, #2 for Special Use Per-
mits.)
' Sections 19.160 Schedule of Fees
1
The Town Council shall adopt a schedule of fees to be paid by applicants for permits and ap-
plications required under the provisions of the Zoning Ordinance of the Town of Leland,
North Carolina. Such fee schedule shall be adopted by resolution of the Town Council and
shall be maintained in the office of the Code Enforcement Administrator.
Section 19.161-19.170 Reserved
Town of Leland Zoning Ordinance
Chapter 19 -Article M- Page 102
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' Section 19.171 Board ojAdjustment Created
A Board of Adjustment is hereby created. The word "board" when used in this article shall
be construed to mean the board of adjustment.
1
' Section 19.172 Number of Members, Appointments
' The board shall consist of five (5) regular members and two (2) alternate members. Five (5)
members and two (2) alternate members shall be citizens and residents of the Town of Le-
land, and shall be appointed by the Town Council; in accordance with Article 19, Section
' 160A-388 of the North Carolina General Statutes. The alternate members shall assume all
rights, privileges and duties of the regular board members when serving in the absence of reg-
ular board members.
Section 19.173 Length of Terms
The term of office of members of the board shall be for three (3) years. In the beginning, two
' (2) regular members shall be appointed for three (3) years, two (2) regular members shall be
appointed for two (2) years, and one (1) regular member and the two (2) alternate members
shall be appointed for one (1) year. As the teams of office expire all subsequent members shall
' be appointed for three (3) years.
' Sections 19174 Vacancies
' Vacancies occurring for reasons other than expiration of terns shall be filled as they occur for
the period of the unexpired term.
' Section 19175 Compensation
The members of the board shall receive no compensation for their services.
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Town of Leland Zoning Ordinance
Chapter 19 -ArticleMV- Page 103

' Section 19.176 Officers, Rules, and Regulations
1
The board members shall designate one (1) of the members as chairman, one (1) member as
vice-chairman and another as secretary who shall serve terms of one (1) year. The board shall
adopt such rules and regulations for its own government as it deems necessary to carry out
the provisions of this article. A complete listing of all officers, terms of office, rules and regu-
lations shall be maintained for public record by the secretary of the board and a copy of which
shall be kept on file in the office of the Code Enforcement Administrator.
Section 19.177 Conduct of Meetings
All hearings of the board shall be open to the public. The board shall keep minutes of its pro-
ceedings, showing the vote of each member upon each question, and the absence or failure of
any member to vote, and a copy of the minutes shall be maintained on file for public record in
the office of the Code Enforcement Administrator.
Section I9.178 Disposition ofAppeais
The final disposition of each appeal shah be a recorded resolution indicating the reasons of
the board therefore based on findings of fact and conclusions of law, all of which shall be a
' public record.
' Sections 19179 Appeals from Decisions of the Code Enforcement Administrator
C
An appeal from the decision of the Code Enforcement Administrator may be taken to the
Board of Adjustment by any person aggrieved, or by any officer, department, board, or bu-
reau of the town affected by such decision. Such appeal shall be taken within a reasonable • .-�
time as provided by the rules of the board by filing a notice of appeal specifying the grounds
thereof The Code Enforcement Administrator shall forthwith transmit to the board all the pa-
pers constituting the record upon which the actioned appeals were taken from
State law reference - Similar provisions, G.S. 160A-388.
Town of Leland Zoning Ordinance
Chapter 19 -Article MV -Page 104

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' Section 19.180 Appeal Stays all Proceedings
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An appeal stays all proceedings in furtherance of the action appealed from, unless the Code
Enforcement Administrator certifies the board after the notice of appeal shall have been filed
with him (that) by reason of facts stated in the certificate a stay would in his opinion cause
imminent peril to life or property. In such case, proceedings shall not be stayed otherwise
than by a restraining order which may be granted by the board or a court of record on appli-
cation, on notice to the Code Enforcement Administrator and on due cause shown.
State law reference - Similar provisions, G.S. 160A-388.
Section 19181 Power of the Board of Adjustment
The board shall have the following powers:
1. To hear appeals. To hear and decide appeals where it is alleged that there is error in
any order, requirement, decision, or determination made by the Code Enforcement
Administrator. The concurring vote of four (4) members of the board shall be neces-
sary to preserve any order, requirement, decision, or determination of the Code En-
forcement Administrator.
' 2. To authorize variances. To authorize upon appeal in specific cases such vari-
ance from the terms of this ordinance as will not be contrary to the public interest
where, owing to special conditions, a literal enforcement of the provisions of this or-
dinance will result in undue hardship, and so that the spirit of this ordinance shall be
observed and substantial justice done.
iIn considering all proposed variances to this ordinance, the board shall, before making
any finding on a specific case, first determine that the proposed variance will not al-
low the establishment of a use not otherwise permitted in a district by this ordinance;
extend in area or expand a nonconforming use of land; change the district boundaries
shown on the zoning map; impair any adequate supply of light and air to adjacent
' property, materially increase the public danger of fire; materially diminish or impair
established property values within the surrounding area; or in any other respect impair
the public health, safety, morals, and general welfare.
' In granting a variance the board may attach thereto such conditions regarding the lo-
cation, character, and other features of the proposed building, structure, or use as it
' may deem advisable in furtherance of the purpose of this ordinance.
Town of Leland Zoning Ordinance
Chapter 19 -Article AV- Page 105
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' Section 19.181 Power of the Board of Adjustment continued
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Before a variance is granted, it shall be shown that special circumstances attach to the prop-
erty which do not generally apply to other property in the neighborhood. A variance may be
granted only when the practical difficulty or undue hardship complained of is due to the par-
ticular characteristics of the property and not to the general conditions of the neighborhood
which may reflect an undue stringency of the ordinance itselE A hardship peculiar to the ap-
plicant, as distinguished from others affected by the general rule, must be considered ade-
quate to justify the Board in granting a variance.
State law reference - Similar provisions, G.S.160A-388.
Section 19.182 Rehearing
The board shall refuse to hear an appeal or application previously denied, if it finds there have
been no substantial changes in conditions or circumstances bearing on the appeal or applica-
tion.
Section 19.183 Review by Certiorari
Any person or persons, jointly or severally, aggrieved by any decision of the board, or any
taxpayer, or any officer, department, board or bureau of the Town of Leland within thirty
(30) days after the filing of the decision in the office of the board may present to a court of
competent jurisdiction a petition, duly verified, setting forth that such decision is legal, in
whole or in part, specifying the grounds of illegality; whereupon such decision of said board
shall be subject to review by certiorari as provided by law.
Section 19.184-19.190 Reserved
Town of Leland Zoning Ordinance
Chapter 19 -ArticleXIV- Page 106

I
' Section 19.191 Separability
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Should any section or provision of this ordinance or any boundary of any district of the offi-
cial zoning map herein or hereafter adopted be decided by the courts to be unconstitutional or
illegal, such decision shall not affect the validity of these regulations and the official zoning
map as a whole or any part thereof other than the part so decided to be unconstitutional or
illegal.
Section 19.192 Pwladan, Penalty
1. Any violation of this ordinance shall subject the offender to a civil penalty in the
' amount of fifty dollars($50.00). Violators shall be issued a written citation which must
be paid within three (3) working days (72 hours) of the citation.
2. Each days continuing violation beyond three (3) working days (72 hours) shall be a
separate and distinct offense.
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3. Notwithstanding subsection 2 of this section, provisions of this ordinance may be en-
forced through equitable remedies issued by a court of competent jurisdiction.
Section 19193 Effective Date
This ordinance shall be in full force and effective henceforth from April 27, 1993. This ordi-
nance was duly adopted by the Town of Leland Town Council on Apri126, 1993.
Cd
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Town of Leland 2aning Ordinance
Chapter 19 -Article XV - Page 107

' Section 19.194 Purpose
1
Signs are herein regulated in the interest of promoting traffic safety, safeguarding public
health and comfort, facilitating police and fire protection, preventing adverse community ap-
pearance and the overcrowding of land, and protecting and promoting the character of
the area in which they are located. In general, it is intended that signs of a general commercial
nature be prohibited in areas where commercial activities are prohibited and that signs in less
restrictive business and industrial areas be regulated to the extent necessary to protect or im-
prove the character of the area and to conserve property values. Further, that because aes-
thetic values of the total environment does affect economic values of the community, it is the
intent of this Ordinance to provide limiting controls, where necessary, to presence or improve
and upgrade community scenic, economic, and aesthetic values.
Section 19.195 General
C
Outdoor advertising display means any letter, figure, character, mark, plane, paint, marquee
• V--f
sign, design, poster, picture, stroke, line, trademark, reading matter, or illuminated services,
'
which shall be so constructed, laced, attached, painted, erected, fastened, or manufactured in
any manner whatsoever, so that the same shall be used for the attraction of the public to any
place, subject, person, firm, corporation, public performance, article, machine or merchan-
dise, whatsoever, which is displayed in any manner whatsoever outdoors. Every outdoor dis-
play shall be classified and conform to the requirements of that classification as set forth in
'
this ordinance.
Section 19.196 Definitions
..Vi
1. Awning. A structure made of cloth, metal or other material affixed to a building in
'
such a manner that the awning may be raised or retracted from a building to a flat po-
sition against the building, but not a canopy.
2. Banner. A sign intended to be hung either with or without a frame, possessing char-
acters, letters, illustrations, or ornamentation applied to plastic or fabric of any kind,
' excluding flags and emblems of political, professional, religious, educational, or cor-
porate organizations.
' 3. Billboard. A large surface whereon advertising matter is set in view conspicu-
ously. All types of high-rise signs in Leland are defined as billboards. Usually a bM-
board will contain advertising which does not apply to premises or any use of
' premises wherein it is displayed or posted. These signs are outdoor advertising signs,
large and fee -standing (unattached to a building surface) and are designed to be seen
(usually) from a long distance.
Town of Leland Zoning Ordinance
' Chapter 19-Article XV!-Page 108

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Section 19196 Definitions continued
4. Building Front. The side of a building parallel to, or most nearly parallel to, the lot
frontage line or the side of the building containing the primary entrance as designated
by the owner.
5. Canopy. A structure other that an awning made of cloth, metal or other material
which may be totally or partially attached to a building for the purpose of providing
shelter to patrons or automobiles, or as a decorative feature on a building wall. A
canopy is not a completely enclosed structure.
6. Canopy and Awning Signs. A sign attached to or painted or printed onto a canopy
or awning. For the purposes of this Ordinance, the permitted size of a canopy or
awning sign will be calculated on the basis of the size of the building wall to which the
canopy is attached. It will, for measuring purposes, be considered a wall sign.
7.
Directional or Instructional Sign. A sign designed to guide vehicular and/or
pedestrian traffic by using such words as "Entrance, "Exit," "Parking," "One Way," or
'
similar directional instruction, but not including any advertising message.
8.
Festoon. For the purpose of this Ordinance, a festoon is a decorative strip hanging
'
between two points, but not including holiday decorations. For example, triangular
pennants or lights hanging on a continuous strip.
'
9.
Flag. A piece of durable fabric of distinctive design attached to a permanent pole,
that is used as a symbol or decorative feature.
'
10.
Flashing Sign. A sign that uses an intermittent or flashing light source to attract at-
tention
'
11.
Free -Standing Sign. A sign that (i) is not directly attached to, erected on, or sup-
ported by a building or other structure having a principal function other than the sup-
port of such sign, but (h) is instead attached to, erected on, or supported by some
'
structure (such as a pole, mast, frame, or other structure) that is not itself an integral
part of a building or other structure having a principal function other than the support
'
of sign.
12.
Identification Sign. A sign which displays only the name, address, and/or crest, in-
signia, trademark, occupation or profession of an occupant or the name of any indi-
vidual or leased space building on the premises.
13. Illuminated Sign. A sign either internally or externally illuminated.
1
Town of Leland Zoning Ordinance
' Chapter 19- Article XVI - Page 109
5C

1
Section 19.196 Definitions continued
14. Non -Conforming Sign. Any sign which was lawfiilly erected in compliance with
applicable code provisions and maintained prior to the effective date of this Ordi-
nance, or date(s) of amendment to this Ordinance, and which fails to conform to all
applicable standards and restrictions of this Ordinance.
'
15.
Pedestrian Sign. Any non -illuminated sign attached to the bottom of a perma-
nent canopy, perpendicular to the building frontage.
'
16.
Pennant. A tapered or dove -tailed banner or flag.
17.
Portable Sign. A sign exceeding 12 square feet in area that is not permanently at-
'
tached to the ground, structure, or a building that can easily be moved from one loca-
tion to another. For example, a sign on wheels.
18.
Real Estate Sign. A non -illuminated sign that is used to offer for sale, lease, or
rent the premises upon which such sign is located.
'
19.
Sign. Any words, lettering, numerals, parts of letters or numerals, figures, phrases,
sentences, emblems, devices, designs, trade names or trade marks by which anything
is made known, including any surface, fabric or other material or structure designed
to cant' such devices, such as are used to designate or attract attention to an individ-
ual, a firm, an association, a corporation, a profession, a business, or a commodity or
'
product, which are exposed to public view, and used to attract attention.
20.
Sign Area. For the purposes of this Ordinance, the sign square footage area of any
'
sign shall be computed by the smallest square, triangle, rectangle, circle or combina-
tion thereof, which encompass all words, numbers and symbols situated on the sign
'
including lattice work and wall work, incidental to its decoration. Calculations of sign
include double-faced
area shall only one side of a structure.
21. Temporary Sign. A non -illuminated sign not exceeding sixteen (16) square feet in
' area which is not permanently installed in the ground or affixed to any structure or
building, which is erected for a period of time as permitted in this Ordinance, and is
' designated for short-term use or is used in connection with a circumstance or event
expected to take place or be completed within a reasonable short period of time.
' 22. Use. The specific activity or function for which land, a budding, or a structure is
designated, arranged, intended, occupied, or maintained.
' 23. Use, Principal. The primary use and chief purpose of a lot or structure.
1
Town of Leland Zoning Ordinance
Chapter 19- Article XVI -Page 110
5

' Section 19.196 Definitions continued
24. Wall Sign. A sign painted or mounted on the wall of a building not exceeding
twelve percent (12%) of the wall space of each wall of the building.
25. Window Sign. A sign attached to or directly applied onto a window or glass door
of a building intended for viewing from the exterior of such building.
Section 19197 General Regulations For All Signs
1. These regulations shall apply in all districts. With the exception of legal notices, iden-
tification, information, directional or regulatory signs erected or required by govern-
mental bodies or otherwise specifically exempted herein, no exterior sign may be
' erected, painted, repainted, posted, reported, placed, replaced, or hung in any district,
except in compliance with these regulations.
' 2. With the exception of those signs specifically authorized in the preceding paragraph
or Section 5, no sign may be erected without a permit. Application for permits shall
be submitted on forms obtainable at the Leland Town Hall. Each application shall in-
clude a statement by the applicant attesting to compliance with the requirements of
this Ordinance. If conditions warrant, the Code Enforcement Administrator may re-
quire such additional information as will enable him or her to determine if such a sign
is to be erected in conformance with this Ordinance.
' 3. Each application for a Sign permit shall be made in writing and shall contain or have
attached the following information:
' A. A drawing approximately to scale showing the design of the sign, including
dimensions, method of attachment or support, source of illumination and
showing the relationship to any building or structure to which it is or is pro-
posed to be installed.
B. A plot plan approximately to scale indicating the location of the sign relative
' to property lines, easements, buildings, streets, and other non -premises signs.
C. The above requirements shall be waived if the sign is a construction sign, real
' estate sign or financial institution sign related to the financing of a project un-
der construction, is not over fifteen (15) square feet and is not more than three
(3) feet from the bottom of the sign to the ground
' 4. Signs must be constructed of durable material and maintained in good condition.
' Town of Leland Zoning Ordinance
Chapter 19 -Article XV1- Page Ill

' Section 19.197 General Regulations For All Signs continued
1
5. No sign shall be maintained within the Town in such a state of disrepair as to have
the appearance of complete neglect, which is rotting or falling down, which is illegi-
ble, or has loose part separated from original fastenings, and/or more than fifty per-
cent (501/o) of its physical value is removed or destroyed.
' 6. Whenever a sign becomes structurally unsafe or endangers the safety of the building
or premises, or endangers the public safety, the Code Enforcement Administrator
' shall give written notice to the owner of the premises on which the sign is located that
such sign be made safe or removed within five (5) days.
' 7. Advertising painted upon or displayed upon a barn or other building structure shall be
regarded as a flat wall sign and the regulations pertaining thereto shall apply.
' 8. Signs advertising an activity, business, product or service no longer conducted upon
the premises upon which the sign is located shall be removed within thirty (30) days
from the date of termination of such activity. Upon failure of the owner to remove
' such signs within the prescribed time, the Code Enforcement Administrator shall take
appropriate legal action to have such sign removed. Cost for sign removal activity
shall be the responsibility of the owner.
' 9. Signs may be interior lighted with non -glaring lights, or may be illuminated by flood-
lights or spotlights that are shielded so there is no direct light transmitted to other
properties or public rights -of -way.
' 10. No sign shall be of the intermittent flashing or rotating type, unless located within
an Industrial Zone.
' 11. No sign located within three hundred (300) feet of any traffic light shall be
illuminated with red, green or yellow lights or neon tubing.
12. All electrically illuminated signs shall be constructed to the standards of the National
Board of Fire Underwriters.
' 13. Signs must be positioned so that they do not interfere with any clear sight triangle.
14. Determination of Size. The area of a sign shall be construed to include all lettering,
' wording and accompanying designs and symbols, together with the background,
whether open or enclosed, on which they are displayed, including any border framing
or decorative attachments, but not including any supporting framework or bracing in-
cidental to the display itself Where the sign consists of individual letters or symbols
attached to a building, wall or window, the area of the sign shall be considered to be
' that of the smallest rectangle or other regular geometric shape which encompasses all
Town of Leland Zoning Ordinance
Chapter 19 - Article XVl - Page 112

' Section 19.197 General Regulations For All Signs continued
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of the letters and symbols. Where a sign has two (2) or more faces, the area of all
faces shall be included in determining the area of the sign; provided, however, for a
double-faced sign that is less than forty-five (45) degrees and the two (2) faces are at
no point more than three (3) feet from one another, the area of only the larger face
shall be included.
15. Identification of Signs. Every outdoor advertising display sign hereafter erected con-
structed or maintained, for which a permit is required shall be plainly marked with the
name of the person, firm or corporation erecting and maintaining such sign and shall
have affixed on the front thereof the permit number issued for said sign.
16. No loud, vulgar, indecent, or obscene advertising matter shall be displayed in any
manner, including, but not limited to:
M
A. Act or simulated acts of sexual intercourse, masturbation, sodomy, bestiality,
to
oral copulation, flagellation, or any sexual acts which are prohibited by law;
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B. Scenes wherein a person displays the vulva or the anus or other genitals;
C. Scenes wherein artificial devices are employed to depict, or drawings are em-
ployed to portray any of the prohibited signs, photographs or graphic repre-
sentations described above; and,
1^I
D. Any other graphic illustration pertaining to specified sexual activities and/or
specified anatomical areas. (�
17. No sign shall be erected or located as to prevent free ingress or egress from any
window, door or fire escape.
18. No sign shall be placed in such a position that it will obscure light or air from a
building or which would create a traffic danger.
19. No sign shall be permitted which is permanently attached to public utility poles,
nor trees which are within the right-of-way of any street.
20. No sign located within any floodplain shall exceed six (6) square feet of area per side.
21. In the event that a symbol, trademark or other such figure is used as a sign post or
standard which could be construed to indicate or identify a particular use or business,
that symbol, trademark or figure is to be computed as part of the total allowable sign
area.
Toxin of Leland Zoning Ordinance
Chapter 19 -Article XVl - Page 113

' Section 19.197 Genera[ Regulations For All Signs continued
' 22.
In all zones, only those signs referring directly to materials or products made, sold or
displayed on the premises shall be permitted, except as otherwise noted.
23. Signs resembling traffic signals, traffic signs, emergency vehicles' flashing lights or
which are likely to be misconstrued by the traveling public as being official govern-
mental signs or emergency warnings or which by their distracting nature create a haz-
ard to motorists are prohibited.
'
24.
No sign shall be permitted on any public right-of-way (except as specifically autho-
rized herein) or attached to or painted on any telephone pole, power pole, or other
man-made object not intended to support a sign, nor on any tree, rock or other natu-
'
ral object (except as specifically authorized herein). Free standing signs posted on a
stick within the public right-of-way may be removed by the Code Enforcement Ad-
ministrator at his or her discretion and will be recycled.
25.
No sign shall use the words such as "Stop," "Go," "Slow," "Danger," etc., which
'
might be confused with traffic directional signs or signals.
26.
No sign shall obstruct the lime of sight of motorists at intersections or along a public
'
right-of-way -,
27.
Pennants, banners, flags, emblems or insignia of a reasonable size shall not require a
'
permit. In no case shall the pennants, banners, flags, emblems or insignia be permitted
within a highway right-of-way.
'
28.
No sign, to include any attachments, supporting devices or other part of such
sign shall exceed a height of forty (40) feet without a special use permit.
C
29 No illuminated sign shall be so designed or placed that direct or reflected light or
glare constitutes a hazard or annoyance to motorists or occupants of adjoining prop-
erties.
Section 19.198 Specific Regulations For Signs
' In addition to the general sign regulations listed in the preceding Section 3, Specific regula-
tions contained within this section shall also apply to all signs. For the purposes of this Ordi-
nance, each sign is classified by its (1) use, and (2) type of construction. Specific sign require-
ments are listed by use, and then by construction type; therefore, each sign must comply with
those regulations specified for its classification of use, and its classification by type of con-
struction.
Town of Leland Zoning Ordinance
' Chapter 19 - Article XVI - Page 114
14
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Section 19.198
Specific Regulations For Signs continued
'
1. Classification of Siens by Use. All signs shall be divided into the following
types of uses and shall be subject to the specific regulations listed therewith:
'
A.
Official Traffic Siens. No specific regulations are applied to this type
of sign use when the signs are erected by or with written approval from the
'
Town Council.
B.
Professional Accessory Use. Name signs indicating the name, profession, or
activity of the occupant of a dwelling, and trespassing or hunting or similarly
restrictive sign, or sign indicating the private nature of a driveway or premises.
'
The area on one (1) side of such sign shall not exceed two (2) square feet nor
to budding more than six (6) inches from a wall.
when attached a project
'
.C.
Identification Siens Identifvine Schools, Churches, Hospitals, or Similar
Institutions A total of thirty (30) square feet will be allowed. Not more than
one (1) such sign per organization will be permitted on the site except that a
'
maximum of two (2) such signs shall be permitted when the property fronts on
two (2) or more streets.
public
'
D.
Temporary Siens of Contractors, Architects, Mechanics, and Artisans.
The signs shall be displayed only while actual work is in progress, and shall
not exceed twelve (12) square feet in area, and provided further that such
signs must be removed promptly upon completion of work. Should such sign
'
be left on the site beyond the allowable time flame, the Town may impound it
and recover a fee from the owner of the sign equal to the costs of removal and
'
storage of the sign.
E.
Real Estate Sale -Sold -Rent Siens. These signs must be placed on the
property to be sold or rented These signs shall not exceed (6) square feet in
area No more than one (1) sign per property is permitted unless the property
fronts on more than one (1) street; in which case, two (2) signs are permitted.
'
All such signs shall be removed within five (5) days after final transactions are
completed No such signs shall be located off the site.
'
F.
Residential Development Siens. Nam of a residential subdivision or
neighborhood Such signs shall not include the name of any builder, contrac-
tor, Realtor, or other person or business associated with the construction/sale
'
of homes within the development; instead, only the name of the development
shall be displayed Residential development signs shall not exceed an overall
size of thirty-two (32) square feet, exclusive of any ornamental support struc-
'
tures. Only one (1) residential development sign shall be permitted per
frontage at the entrance to such development, and no more than two (2) such
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Town of Leland Zoning Ordinance
' Chapter 19 - Article XVI - Page 115

' Section 19.198 Specific Regulations For Signs continued
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signs shall be permitted per development. The combined total sign area for
one (1) or more residential development signs shall not exceed one (1) square
foot per dwelling unit within the development. The applicant shall submit a
written description of the maintenance responsibilities for all residential devel-
opment signs.
G. Home Occupation Signs. Signs advertising home occupations shall not be
larger than twelve (12) inches by twenty-four (24) inches, and may only in-
clude the name, occupation and logotype or trademark, if appropriate, of the
practitioner.
H. Public Use and Utility Signs. Signs necessary for the identification, opera-
tion or protection of public use and public utilities are permitted so long as the
general regulation of Section 3 of this Ordinance are met.
I. Planned Center Signs. A sign advertising the name of an integrated devel-
opment, such as a planned shopping center, office or apartment complex,
health care complex, or industrial park shall devote no less than fifty percent
(50%) of the total sign area to the advertisement of the planned center's name.
Additionally, principal uses within the center may be advertised, but shall be
flat wall signs. No other ground signs shall be permitted for those uses within
the planned center. The remaining space may be devoted to logos or adver-
tisements for any "principal use" but shall not exceed the maximum total sign
area of one hundred (100) square feet. Only one (1) planned center sign per
frontage of the planned center shall be permitted. The size of such signs shall
not exceed one (1) square foot for each four (4) feet of frontage contained
within the planned center.
I Tempomry (Special Event) Signs and Banners. One (1) such sign may be
permitted per lot for one (1) period not exceeding thirty (30) days during any
calendar year. Such signs shall be limited to a maximum of thirty-two (32)
square feet in total sign area.
K Billboards. Billboards inexistence at the time of adoption of this Ordi-
nance shall be permitted to remain as non -conforming signs. Provided, that
such non -conforming sign may lose this designation if the sign is relocated or
replaced or if the structure of the sign is altered in any way except toward
compliance with this Ordinance. This does not refer to change of copy or nor-
mal maintenance. In the event a billboard loses its designation as a non-
conforming sign, it shall be required to conform in all respects with the re-
quirements of this Ordinance to include the requirement for procuring a spe-
cial use permit as set forth herein.
1
Town of Leland Zoning Ordinance
Chapter 19 -Article XYI - Page 116

' Section 19.198 Specific Regulations For Signs continued
1
1
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1
Billboards constructed subsequent to adoption of this Ordinance shall only be
permitted within five hundred (500) feet of the right-of-way of Highways 74,
76 and 17 and shall only be permitted pursuant to the issuance of a special use
permit in accordance with Article VIII of the Zoning Ordinance of the Town.
2. Classification of Signs by Type of Construction. All signs shall be divided into the
following types of construction and shall be subject to the specific regulations listed
therewith:
A. Ground Signs. Any sign erected upon a permanently affixed independent
structure (legs or base) so that such structure is the main support of the sign.
Ground signs shall not include temporary signs that are attached to mobile
trailers containing wheels and capable of being towed from one site to the
next. No ground sign shall project to a point nearer than twelve (12) feet from
the edge of a street right-of-way (unless obstructing view, at which time fiir-
ther setback is required). No support for any ground sign shall be located
nearer than twelve (12) feet to any property line. Such signs shall not exceed
ten (10) feet in height, nor exceed eighty (80) square feet in total sign area;
however, planned center signs may have a maximum size of one hundred
(100) square feet.
B. Flat Wall Sign. A sign erected, or displayed on, or parallel to the surface of
a building. Flat wall signs may have a maximum area of fifteen percent (15%)
of the wall area of the wall on which the sign is to be erected. Flat wall signs
may be erected upon a canopy or marquee if the structural strength of such
canopy or marquee is sufficient to safely carry the additional load, and pro-
vided that such signs may not extend beyond the edges of said canopy or mar-
quee or extend within otherwise prohibited areas. Flat wall signs shall not pro-
ject more than twelve (12) inches from the budding wall and must be located
so that the lower edge is a minimum of eight (8) feet above grade where the
sign projects from the wall more than six (6) inches.
C. Wall Projectine Sign. Any sign mounted upon a building so that its princi-
pal face is not parallel to the building wall. Projecting signs shall be located
upon the buildings so that the lower edge is a minimum of ten (10) feet above
grade. Projecting signs may project a maximum of five (5) feet from the build-
ing wall, provided however, that no sign shall project to a point nearer than
twelve (12) feet from the edge of the street right-of-way. No projecting sign
shall extend more than five (5) feet above the top of the wall upon which it is
mounted, nor above the permitted structural height as listed in each zone.
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Toxin of Leland Zoning Ordinance
Chapter 19- Article XVI - Page 117

I
' Section 19.198
d
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Specyk' Regulations For Signs continued
Wall projecting signs may be erected upon a canopy or marquee if the struc-
tural strength of such canopy or marquee is sufficient to safely carry the addi-
tional load, and provided that such signs may not extend within otherwise pro-
hibited areas.
D. Roof Signs. A sign erected or displayed upon the roof of any building or
structure or a wall sign, a portion of which exceeds the height of the building;
however, all roof signs must comply with structural height limitations required
in each zone. No roof sign shall be placed upon the roof of any building so as
to prevent the free passage from one part of the roof to the other thereof, or
interfere with any openings in such roo£ No sign erected upon the roof of any
building shall project beyond the edges of said roof in any horizontal direction.
Roof signs may extend above the roof, or top wall, a distance equal to one-
half (1/2) the height of the roof or wall, or five (5) feet, whichever is the
smaller height. Roof signs may have a maximum area of fifteen percent (15%)
of the roof or wall area to which the sign is attached. No roof sign parallel to a
budding shall extend in length a distance greater than two-thirds (2/3) the
length of the wall to which it is parallel.
Section 19.199 Signs Which Are Peri?iWed In All Districts
The following signs are permitted in all districts unless otherwise stated. These signs shall re-
quire approval from the Code Enforcement Administrator unless so stated.
1. Zoning Permit Required
A. Permanent subdivisions and manufactured mobile home park identification
signs, not exceeding thirty-six (36) square feet in area and not illuminated.
Such signs shall not be placed within any street right-of-way.
B. Signs and banners erected by non-profit organizations not
exceeding sixteen (16) square feet.
C. Church or public bulletin boards, not exceeding thirty (30) square
feet in area. Such bulletin boards may be illuminated.
D. Signs identifying the name or location of a church remote from the location of
the church, provided such sign shall not exceed three (3) square feet in area
and provided further that no such sign shall be illuminated or contain moving
parts.
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Town of Leland Zoning Ordinance
' Chapter 19 - Article XVI - Page 118

' Section 19.199 Signs Which Are Permitted In All Districts continued
L
1 2.
E. Signs advertising agricultural products produced on the premises,
sign not to exceed six (6) square feet.
F. Construction signs and financial institution signs may be displayed in residen-
tial districts with a limit of one (1) sign per building site not to exceed fifteen
(15) square feet. Construction signs and financial institution signs may be dis-
played in commercial and industrial districts with a limit of two (2) signs per
building site not to exceed thirty-two (32) square feet per sign. if the building
site has more than one hundred (100) feet of road frontage, an additional one-
fourth (1/4) square foot may be added for each one (1) linear foot of road
frontage over one hundred (100) feet. Such signs must be removed within
seven days after construction work has been completed and the building occu-
pancy permit has been issued.
Zoning Permit Not Required
A.
Signs erected by a governmental agency to regulate, control or
direct vehicular or pedestrian traffic.
'
B.
Legal notices, warnings, regulatory or informational signs erected by a public
agency.
'
C.
Signs required by law.
D.
"No Trespassing" signs not exceeding four (4) square feet in area
'
and not illuminated.
E.
Real estate signs advertising a specific property for sale, lease, rent or devel-
'
opment, located on said property, provided that such signs do not exceed
eight (3) square feet in area and are not illuminated. Such signs shall not be
'
placed within any street right-of-way.
F.
Pennants, banners, nags, emblems or insignia, of a reasonable size provided
that in no case shall the pennants, banners, nags, emblems or insignia be per-
mitted within a highway right-of-way.
1
G.
Property number signs not exceeding one (1) square foot in area and bearing
only address numbers of premises or other identification of premises not hav-
ing commercial connotations.
'
H.
Holiday decorations in season.
I
Town of Leland Zoning Ordinance
' Chapter 19- Article XVI-Page 119

' Section 19.199 Signs Which Are Permitted In All Districts continued
1
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11
1
1
1
I. Political signs up to four (4) square feet for each premises may be posted on
private property with the written consent of the owner. These signs shall be
removed within seven days after the general election. In no case shall political
signs be permitted within the right-of-way.
L Directional or informational signs shall not require a permit if these signs are
of a public or quasi -public nature. Such signs shall not exceed eight (8) square
feet in area. Those signs may be illuminated in conformance with Section 7 of
this Ordinance or they may be of the beaded reflector type. Such signs shall be
used only for purposes of stating or calling attention to:
(1) The name or location of a city, town, village, hospital, community cen-
ter, public or private school, church or other place of worship. CA (2) The name or place of a meeting of an official or civic body such as the
Chamber of Commerce, Rotary, Lions, or Kiwanis Club. 65
K. Public service information signs are those signs which display public service
information such as time, date, temperature, weather or other similar informa-
tion. These shall be allowed in C-1, C-2, O&I, and C-3 Zoning Districts.
L. Incidental signs as described are allowed:
(1) One incidental professional announcement sign In residential districts 4
such signs shall not exceed one (1) square foot in area, shall be flat 0
mounted against the building and shall not be Muminated.
(2) Any sign not exceeding one (1) square foot in area. There
shall be a limit of one such sign per lot.
Section 19.200 Projeding Signs and Devices
1. Projecting signs, outdoor advertising signs and similar overhanging devices, where
they are permitted, shall be at Last ten (10) feet above the finished grade of any walk-
way. Signs attached to the underside of a canopy shall be at least nine (9) feet above
the finished grade of any walkway.
2. Signs affixed flat against the walls of buildings or vertical surfaces of canopies and not
more than 12 inches in thickness shall not be deemed a projecting sign Business
identification signs mounted on the parapet or on the roof line and not projecting
Town of Leland Zoning Ordinance
Chapter 19 -Article XYI - Page 120

' Section 19.200 Projecting Signs and Devices continued
1
twelve (12) inches beyond the building face shall not be deemed a projecting sign. The
thickness of such non -projecting signs shall not be used in measuring setbacks. In no
case shall the signs covered in this Section extend closer than two (2) feet to a vertical
plane at any street curb line.
' Section 19.201 Sign Illumination
' Where illuminated signs are permitted, they shall conform to the following criteria:
' 1. Illuminated signs may have either an interior or an exterior source of illumination or a
combination of both.
2. Interior illumination, where the source of illumination is from within the sign itself,
shall be such that the illumination emanating from the sign is diffused.
3. Exterior illumination, where the source of illumination is provided by such devices,
but not limited to, flood lights or spot lights, shall be placed and shielded as to prevent
' the direct rays of illumination from being cast upon neighboring lots and/or vehicles
approaching on a public right-of-way from any direction.
' 4. Illuminated signs are required to be non -flashing. The illumination for the sign shall
not, either totally or in part, flash on and off except for public service information
' signs as regulated by Section 5, B, item 11.
' Section 19.202 Sign Regulations in Residential Districts
' In addition to the signs listed under Signs permitted in all Districts, the following regulations
shall apply in residential districts. Unless otherwise stated, identification signs only shall be
permitted in residential districts. They may be on ground or projecting signs.
' 1. None of these signs may be illuminated unless otherwise stated.
' 2. No advertising sign shall be permitted in residential districts except such signs adver-
tising an existing non -conforming use, provided that such signs shall meet the require-
ments for signs in C-1 or C-2 districts, regardless of the residential district in which the
' non -conforming use is located. Such signs may be illuminated. (See Section'). When
the non -conforming use is discontinued, the sign must be removed
Town of Leland Zoning Ordinance
' Chapter 19 - Article XV1- Page 121
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' Section 19 202 Sign Regulations in Residential Districts continued
3. All signs in the residential district shall be set back a minimum often (10)
feet from any property line or street right-of-way.
4. Permitted signs in residential districts shall be subject to the following as to number
' and size and shall be placed parallel to the right-of-way for safety.
A. Churches, clubs, daycare centers, funeral homes, libraries, museums, galleries,
' schools, public parks, and community recreation centers shall be permitted to
have one (1) on premises sign for each street front, not exceeding six (6) feet
in height and not exceeding thirty (30) square feet in sign area.
' B. Home occupations shall be permitted to have one (1) on premises
sign not exceeding one (1) square foot.
' C. Public utilities shall be permitted one (1) on -premises sign not exceeding six
(6) feet in height and not exceeding twenty-four (24) square feet in sign area.
1
Section 19.203 Sign Regulations in Commercial Districts
In addition to the signs listed under signs permitted in all districts, the following regulations
' shall apply in the C4 and C-2 districts.
' 1. Signs permitted on the premises of special uses shall be subject to all the restrictions
listed under the C-1 and C-2 districts.
' 2. Signs on the premises of permitted uses in the C-1 and C-2 districts shall be subject to
the following restrictions as to number and size:
A. Ground Signs: Not more than one (1) ground sign is permitted per tax parcel
number unless such parcel is located on a corner of two (2) thoroughfares
(Le., U.S. Highways 74-76, Village Road, Old Fayetteville Road or Navassa
' Road). In that case two (2) ground signs shall be permitted, one for each road
front of the lot. In no case shall the signs be any closer than fifty (50) feet
from the intersection of the two roads. Maximum sign area for all signs com-
bined shall be eighty (80) square feet.
B. Special events displays shall be permitted provided that they meet all
regula-tions of the Ordinance. The application for the permit shall have the following
additional information: Length of time the sign will remain. In no case shall the
Town of Leland Zoning Ordinance
Chapter 19 - Article XVI - Page 122
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f
Section 19.203 Sign Regulations in Commercial Districts continued
'
time of placement of such sign exceed thirty (30) calendar days within a one
year period, commencing on January 1.
'
C. Directional Signs: Directional signs not exceeding six (6) square feet per
face shall be permitted Not more than two (2) directional signs shall be per-
'
mitted at each entrance.
'
D. Menu boards shall be permitted.
E. Sandwich boards shall be permitted.
'
F. On premises wall signs shall be permitted
'
3.
No sign in a commercial district shall be less than ten (10) feet from the nearest street
right-of-way or side property line.
1
Section 19.204Amortization
1.
Any sign being used prior to the date of adoption of this Ordinance which does not
'
comply with the provisions of this Ordinance shall be removed or rendered in compli-
ance with this Ordinance within eight (8) years from the date of adoption of this Ordi-
nance, provided that non -conforming signs shall be permitted to remain pursuant to
'
the provisions of this Ordinance.
'
2.
A non -conforming sign shall not be replaced by another non -conforming sign except
that the substitution or interchange of poster panels, painted boards or demountable
material on non -conforming signs shall be permitted.
'
3.
Minor repairs and maintenance of non -conforming signs such as repainting, electrical
repairs and neon tubing repairs shall be permitted
'
4.
Non -conforming signs which are structurally altered, relocated or replaced shall com-
ply in all respects with the provisions of this Ordinance.
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Town of Leland Zoning Ordinance
' Chapter 19 -Article XVI - Page 123

USES
CATEGORY
PAGE
ABC Store
General Retail
44
Accessory Apartments
Residential
51
Accessory Use & Buildings
Miscellaneous
52
Adult Day Care Center
Institutional, Recreational, Service
48
Adult Day Care Facility
Institutional, Recreational, Service
47
Adult Establishments
General Retail
44
Ambulance Service
Transportation, Wholesale
46
Amusement & Recreational Svcs not elsewhere...
Institutional, Recreational, Service
47
Animal Hospital/Vetermary Clinic
Agricultural
41
Apartments
Residential
51
Appliances (Retail & Maintenance)
General Retail
44
Assembly Hall
Institutional, Recreational, Service
47
Assembly of Prepared Parts into Finished—
Manufacturing
43
Auction Sales
General Retail
44
Automobile/Boat Washing Establishments
General Retail
44
Automobile Dealers & Truck Sales
General Retail
44
Bank & Financial Institutions
Institutional, Recreational, Service
47
Bar
Institutional, Recreational, Service
47
Barber ShopsMeauty Shops
General Retail
44
Baseball Driving Range
Institutional, Recreational, Service
48
Bed & Breakfast
Residential
51
Billboards or Off -Premise Signs
Miscellaneous
52
Billiard/Pool Hall
Institutional, Recreational, Service
47
Boarding House
Residential
51
Boat Building
Manufacturing
43
Boat Launching Ramp, Dock or Pier, Private
Institutional, Recreational, Service
47
Boat Launching Ramp, Public
Institutional, Recreational, Service
47
Boat Sales, Service & Repair
General Retail
44
Boat Storage Yard
Transportation, Wholesale
46
Bowling Alleys
Institutional, Recreational, Service
47
Building Materials/Garden Supplies
General Retail
44
Bulk Storage of Flammable Fluids & Gases
Transportation, Wholesale
46
Bus & Taxi Terminal
Transportation, Wholesale
46
Business Residence
Residential
51
Business Services, net elsewhere classified
Institutional, Recreational, Service
47
Town of Leland Zoning Ordinc
Chapter 19 -Appendix A - Page

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USES
CATEGORY
PAGE
Cabinet and Woodworking Shops
Manufacturing
43
Cemetery
Institutional, Recreational, Service
47
Child Day Care Center
Institutional, Recreational, Service
48
Child Day Care Home
Institutional, Recreational, Service
48
Civic Center/Community Center
Institutional, Recreational, Service
47
Clothing Manufacturing
Manufacturing
43
Club or Lodge
Institutional, Recreational, Service
47
Colleges & Related Facilities
Institutional, Recreational, Service
48
Condominiums
Residential
51
Contractor
Contractors/Construction
42
Contractor's Plant/Office Storage Yard
Contractors(Construction
42
Convalescent Home
Institutional, Recreational, Service
48
Convenience Store
General Retail
44
Country Club & Related Uses
Institutional, Recreational, Service
48
Doctors, Dentists, Opticians
Institutional, Recreational, Service
48
Dry Cleaning/Laundry Establishment
General Retail
44
Duplexes & Triplexes
Residential
51
Dwelling, Single -Family
Residential
51
Electrical/Plumbing
Contractors/Construction
42
Ele&cnic Machines, Equipment & Supplies Assembly
Manufacturing
43
Exterminating Services
Institutional, Recreational, Service
48
Fabrication Shops (Wood, Metal, Upholstery, etc)
Manufacturing
43
Farm Implement Sales & Service
General Retail
44
Farmers Market
General Retail
44
For Profit Recreational Facility
Institutional, Recreational, Service
49
Fraternal & Social Organizations
Institutional, Recreational, Service
48
Fraternal & Sorority House
Institutional, Recreational, Service
48
Freight Transportation Warehousing
Transportation, Wholesale
46
Fruit or Vegetable Stand on Same Parcel ...
Agricultural
41
Funeral Home, Mortuary
Institutional, Recreational, Service
48
Garage Apartments
Residential
51
General Building Contractor
Contractors/Construction
42
General Merchandise Steve
General Retail
44
Golf CoursdDriving Range
Institutional, Recreational, Service
52
Golf Course, Miniature
Institutional, Recreational, Service
48
Town of Leland Zoning Ordinance
Chapter 19 - Appendix A - Page 125

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USES
CATEGORY
PAGE
Government Offices
Institutional, Recreational, Service
548
Group Housing, Multi -Family (More than 4 units)
Residential
51
Handcrafting of Small Articles
Manufacturing
43
Health Spas
Institutional, Recreational, Service
48
Home Occupations
Residential
51
Hotel (Motel)
General Retail
44
Industrial Sales/Repair of Equipment
General Retail
44
Kennels (commercial)
Agricultural
41
Kennels (private)
Agricultural
41
Laboratory: Medical, Dental, Optical
Institutional, Recreational, Service
48
Laboratory Research
Institutional, Recreational, Service
49
landscaping Contractor
ContractorsfConstruction
42
Leather & Leather Products
Manufacturing
43
Libraries, Museums, Art Galleries
Institutional, Recreational, Service
49
Machinery Except for Electrical
Manufacturing
43
Manufactured Home Class A
Residential
51
Manufactured Home Class B
Residential
51
Manufactured Home Class C
Residential
51
Marina Residential
Residential
51
Marine Equipment Store
General Retail
45
Massage Parlor
General Retail
45
Mini -warehouses
Transportation, Wholesale
46
Miscellaneous Retail
General Retail
45
Mobile Home/Modular Home Dealer
General Retail
45' .
Model Unit Marketing Center
General Retail
45
Motorcycle Sales & Repair
General Retail
45
Motor Vehicle Repair Garage
General Retail
45
Motor Vehicle Service Station
General Retail
45
Newspaper Office & Incidental Printing
Communication Facilities
53
Nursing & Personal Care Facilities
Institutional, Recreational, Service
49
Offices, not elsewhere classified
Institutional, Recreational, Service
49
Other Contractors Not Listed
Contractors/ConstruWan
42
Overnight Vehicles Storage
Transportation, Wholesale
46
Personal Services, not elsewhere classified
Institutional, Recreational, Service
47
Plastic Manufacturing
Manufacturing
43
Printing & Publishing
Manufacturing
43
Town of Leland Zoning Ordinance
Chapter 19-AppenduA- Page 126

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USES
CATEGORY
PAGE
Public or Private School
Institutional, Recreational, Service
49
Public Parks, Playgrounds, Playfields & Community ...
Institutional, Recreational, Service
49
Public Utility Office
Institutional, Recreational, Service
49
Public Utility Substation
Institutional, Recreational, Service
49
Public Utility Workshop & Storage
Institutional, Recreational, Service
49
Quadraplex
Residential
51
Religious Institutions
Institutional, Recreational, Service
47
Repair Shops, not elsewhere classified
Institutional, Recreational, Service
49
Restaurant
General Retail
45
Retail Stores, not elsewhere classified
General Retail
45
Retail/WholesaleNurseries/Greenhouses
Agricultural
41
Seafood Market
General Retail
45
Seafood Processing, Handling, Storage & Sales ...
Manufacturing
43
Shopping Centers
General Retail
45
Signs, Manufacturing/Assembly
Manufacturing
43
Skating Rink
Institutional, Recreational, Service
49
Small Office/Commercial Center
General Retail
45
Social Services, not elsewhere classified
Institutional, Recreational, Service
49
Swimming Pool, Private
Institutional, Recreational, Service
50
Swimming Pool, PublictCommercial
Institutional, Recreational, Service
50
Tanning Salons
General Retail
45
Tennis Courts
Institutional, Recreational, Service
50
Theater, Indoor
Institutional, Recreational, Service
50
Towing Service, Automotive or Truck
Transportation, Wholesale
46
Townhouse
Residential
52
Trailer (Utility/Hauling) Sales & Rental
Transportation, Wholesale
46
Transportation Equipment
Manufacnuing
43
Truck Terminal Activities
Transportation, Wholesale
46
TV, Radio Broadcasting Studio
Communication Facilities
53
TV, Radio Transmitting Tower
Communication Facilities
53
Utility Contractor
Constrctors/Construction
42
Warehousing, General
Transportation, Wholesale
46
Wholesale Storage & Bulk Terminal
Transportation, Wholesale
46
Wholesaling, General
Transportation, Wholesale
46
Yard Sales
Miscellaneous
52
Town of Leland Zoning Ordinance
Chapter 19 - Appendix A - Page 127