Zoning Ordinance-1982

ZONING ORDINANCE
Towy or m&mxp Nottl'x CKWLM
DCM COPY DCM COPY
lease do not remove!!!!!
I
Division of Coastal Management

ILI
•
ZONING ORDINANCE
OF THE
TOWN OF MANTEO, NORTH CAROLINA
The revision of this ordinance was done by the Planning and Zoning
Board and the Manteo Board of Commissioners with funds provided
by the North Carolina Department of Natural Resources and Community
Development, Office of Coastal Management.
Consultants: Randy Hester and Marcia McNally
August, 1982

E
TABLE OF CONTENTS
Article
Section
Subiect
Pace
I
1.01
TITLE, ENACTMENT, AND PURPOSE
1
1.01
Title and Enactment
1
1.02
Short Title
1
1.03
Purpose
1
II
ESTABLISHMENT OF ZONING DISTRICTS
3
AND PROVISION FOR ZONING MAP
2.01
Official Zoning Map
3
2.02
Rules Governing the Intepretation
3
of District Boundaries
III
APPLICATION OF REGULATIONS
5
3.01
Territorial Application
5
3.02
Use, Occupancy, and Construction
5
3.03
Height, Bulk, Density, Lot Coverage,
5
Yards and Open Spaces
3.04
Computation of Required Spaces
5
3.05
Reduction of Lots or Areas Below Minimum
5
3.06
Classification of Added Territory
6
3.07
One Principal Building on Any Lot
6
3.08
Lot Access Requirements
6
3.09
Vision Clearance at Intersections
6-
3.10
Walls and Fences
8
3.11
Structures Excluded from Height Limitations 8
3.12
Reduction of Front Yard Setback
8
Requirements
3.13
Group Development Projects
8
3.14
Conversion of Existing Structures to
11
Condominium Ownership
3.15
Compliance with State Guidelines for
11
Areas of Environmental Concern
IV
INTERPRETATION AND DEFINITION OF TE144S
12
4.01
Interpretation of Common Words and Terms
12
4.02
Definition of Specific Words and Terms
12
U

Article
Section
Subject
Page
V
NON-CONFOMITIES
25
5.01
Intent
25
5.02
Regulation of Non -Conformities
25
VI
GENERAL PROVISIONS
30
6.01
Off -Street Parking Requirements
30
6.02
Water Supply and Sewage Disposal
40
Requirements
6.03
Mobile Homes and Mobile Home Parks
40
6.04
Signs and Outdoor Advertising Structures
43
6.05
Outdoor Lighting
47
6.06
Temporary Uses
48
6.07
Flood Damage Prevention
48
6.08
Location of Utilities
53
6.09
Subdivision of Land
54
VII
SCHEDULE OF DISTRICT REGUTATIONS
61
•
7.01
R-1 Low Density Residential
61
7.02
R-2 Medium Density Residential
62
7.03
R-5 General Residential
64
7.04
B-1 village Business District
66
7.05
B-2 General Business District
68
Vill
PLANNED UNIT DEVELOPMENT AS A
71
CONDITIONAL USE
8.01
Concept
71
8.02
Development Plan Review Procedure
74
8.03
PUD Standards and Requirements
79
8.04
Uses Permitted
81
IX
AERINISTFATION AND ENFORCEMENT
83
9.01
Enforcement by Planning and Zoning Board
83
9.02
Composition and Terms of Planning and
83
Zoning Board
9.03
Building Permits Required
83
9.04
Application for Building Permit for
84
Permitted Uses

•
•
Article Section
Sub!ect
Pace
9.05
Duties of the Building Inspector
84
9.06
Application for Permit for
84
Conditional Use
9.07
Certification of Occupancy Required
84
9.08
Violation
86
X
PENALTY
87
XI
BOARD OF ADJUSTMENT
88
11.01
Board of Adjustment Established
88
11.02
Chairman of the Board
88
11.03
Meetings of the Board
88
11.04
Powers and Duties of the Board
89
11.05
Appeals from Decision of the Board of
91
Adjustment
XII DUTIES OF ZONING ADMINISTRATOR, BOARD OF 92
ADJUSTMENT, COURTS AND BOARD OF
COMMISSIONERS AS TO MATTERS OF APPEAL
XIII CHANGES AND AMENDMENTS 93
13.01
Motion to Amend
93
13.02
Protest Against Amendment
93
13.03
Planning -Board Action
93
13.04
Fee
94
XIV
LEGAL STATUS PROVISIONS
95
14.01
Effects Upon Outstanding Building Permits
95
14.02
Conflict with Covenants and Other Laws
95
14.03
Validity
95
14.04
Effective Date
95

ZONING ORDINANCE
WOF THE
TOWN OF MANTEO, NORTH CAROLINA
ARTICLE I. TITLE, ENACTMENT AND PURPOSE
SECTION 1.01 - TITLE AND ENACTMENT
AN ORDINANCE, IN PURSUANCE OF THE AUTHORITY GRANTED BY THE
NORTH CAROLINA GENERAL STATUTES CHAPTER 160A, ARTICLE 19, FOR THE
PURPOSES OF PROMOTING THE PUBLIC HEALTH, SAFETY, MORALS AND GENERAL
WLEFARE; TO PROVIDE FOR THE ESTABLISHMENT OF DISTRICTS WITHIN MANTEO,
NORTH CAROLINA; TO REGULATE WITHIN SUCH 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 AND TO PRESCRIBE PENALTIES FOR THE VIOLATION THEREOF.
• NOW THEREFORE, the Board of Commissioners of the Town of Manteo,
North Carolina, does hereby ordain and enact into law the following
Articles and Sections,this the 4th day of April, 1979. This ordinance
was revised, this the _ day of , 198.
SECTION 1.02 - SHORT TITLE
This ordinance shall be known as the "Zoning Ordinance." The
map herein referred to which is identified by the title "Official
Zoning Map of Manteo, North Carolina," shall be known as the "Zoning
Map."
SECTION 1.03 - PURPOSE
In accordance with the provisions of Chapter 160A, Article 19
of the General Statutes of North Carolina, the Board of Commissioners
of Manteo, having designated the Manteo Planning Hoard as the
Planning Agency to prepare a Zoning Plan showing proposed district
boundaries and recommending a procedure by which the Zoning Regulations
and restrictions and the boundaries of the zoning districts shall be
• determined, established and enforced, and from time to time amended,
1

supplemented or changed, and having received from the Planning Board
a certified plan taking into consideration the character of each
district and its peculiar suitability for particular uses with a
view to conserving the value of buildings and encouraging the most
appropriate use of land throughout the town, hereby adopts this
zoning Ordinance. The zoning Ordinance has been prepared in
accordance with a comprehensive plan for the development of Manteo and
is designed to lessen congestion in the streets; to secure safety
from fire, panic. and other dangers; to promote health and the
general welfare; to provide adequate light and air; to prevent
unnecessary sprawl and the overcrowding of land; to protect the
town's natural resources; to facilitate the adequate provision of
transportation, water, sewerage, schools, parks and other public
requirements; to give reasonable consideration to the expansion and
development of the town so as to provide for its orderly growth and
development; to preserve those unique qualities, both historic and
commonplace, that are important to residents; to improve the economic
conditions of the town through the preservation of those village
characteristics necessary for tourism; to coordinate new development
so that it is consistent with the town's heritage; to encourage
citizen involvement in the planning and development of the town;
to provide equal access to facilities for all the town's residents;
to provide public services in a cost-effective manner; and to
• maintain and improve the sense of community in the town.
I� •
2

• ARTICLE II. ESTABLISIMENT OF ZONING DISTRICTS AND
PROVISION FOR ZONING MAP
SECTION 2.01 - OFFICIAL ZONING MAP
For the purposes of this ordinance, the Town of Manteo is
hereby divided into zones or districts as shown on the "Official
Zoning Map of Manteo, N. C.", which, together with all explanatory
matter thereon, is hereby adopted by reference and declared to be
a part of this ordinance.
The official Zoning Map shall be identified by the signature of
the Mayor of the Town of Manteo and attested by the Clerk and
bearing the Seal of the town under the following words:
"This is to certify that this is the Official
Zoning Map referred to in Article II of the
Zoning Ordinance of Manteo, N.C.", together
with the date of adoption of this ordinance.
• If, in accordance with Article %III of this ordinance changes
are made in district boundaries or other matter portrayed on the
official Zoning Map, such changes shall be promptly entered on the
official Zoning Map after the amendment has been approved by the
Board of Commissioners.
•
Regardless of the existence of purported copies of this official
Zoning Map which may be made or published, the official Zoning Map
which shall be located in the Manteo Town Hall shall be the final
authority as to the current zoning status of land and water areas,
buildings and other structures in the town.
SECTION 2.02 - RULES GOVERNING THE INTERPRETATION OF DISTRICT
BOUNDARIES
Where uncertainty exists with respect to the boundaries of
any of the districts as shown on the "Official Zoning Map of Manteo,
North Carolina," the following rules shall apply:
(1) Boundaries indicated -as approximately following the
center lines of streets, highways, or alleys shall be
construed to follow such center lines;
3

• (2) Boundaries indicated as approximately following
platted lot lines shall be construed as following
such lot lines;
(3) Boundaries indicated as approximately following corporate
limits shall be construed as Following such corporate
limits;
(4) Boundaries indicated as following shore lines shall be
construed to follow such shore lines, and in the
event of change in the shore line shall be construed as
moving with the actual shore line; boundaries indicated
as approximately following the center lines of streams,
rivers, canals, lakes, or other bodies of water shall
be construed to follow such center lines;
(5) Boundaries indicated as parallel -to or•extensigns of
features indicated in subsections 1 through 4 above
shall be so construed. Distances not specifically
indicated on the Official zoning Map shall be determined
by the scale of the map;
(6) Where physical or cultural features existing on the ground
are at variance with those shown on the Official zoning
• Map, or in other circumstances not covered by
subsections 1 through 5 above, the Board of Adjustment
shall interpret the district boundaries.
•
(7) Where a district boundary line divides a lot which
was in single ownership at the time of passage of this
ordinance, the Board of Commissioners may permit, as
conditional use, the extension of the regulation for
either portion of the lot not to exceed 50 feet beyond
the district line into the remaining portion of the lot.
4

•
ARTICLE III. APPLICATION OF REGULATION
SECTION 3.01 - TERRITORIAL APPLICATION
The provisions of this ordinance shall apply to all lands and
structures and uses thereon, within the corporate limits on the
"Official Zoning Map of Manteo, North Carolina."
SECTION 3.02 - USE, OCCUPANCY AND CONSTRUCTION
No building, structure, or land shall hereafter be used or
occupied, and no structure or part thereof shall hereafter be
constructed except in conformity with all of the regulation
herein specified for'the district in which it is located.
SECTION 3103 - HEIGHT, BULK, DENSITY, LOT COVERAGE YARDS AND
OPEN SPACES
• No building or other structure shall hereafter be erected or
altered to exceed the height or bulk requirements of this ordinances
nor to accomodate a greater number of families than allowed by this
ordinance; nor to occupy a greater percentage of lot area than
allowed by this ordinance; nor to have narrower or smaller front
yards, side yards, rear yards; or other open spaces than required
by this ordinance; nor shall any building, structure or land be used
in any other manner contrary to the provisions of this ordinance.
SECTION 3.04 - COMPUTATION OF REQUIRED SPACES
No part of a yard, or other open space, or off-street parking
or loading space required about or in connection with any building
for the purpose of complying with this ordinance, shall be included
as part of a yard, open space, or off-street parking or loading
space similarly required for any other building.
SECTION 3.05 - REDUCTION .OF LOTS OR AREAS BELOW MINIMUM
No yard or lot existing at the time of passage of this
5

• ordinance shall be reduced in dimension or area below the minimum
recuirements set forth herein.
Yards or lots created after the effective date of this.
ordinance shall meet at least the minimum requirements established
by this ordinance.
SECTION 3.06 - CLASSIFICATION OF ADDED TERRITORY
All territory not included under the provisions of this
ordinance hereafter added to the zoning jurisdiction of the town
shall be considered to be in the R-1 Low Density Residential
classification until otherwise classified.
SECTION 3.07 - ONE PRINCIPAL BUILDING ON ANY LOT
Only one (1) principal building and its customary accessory
buildings may hereafter be erected on any lot except as authorized
• in this ordinance for Planned Unit Development and in Section 3.13,
Group Development Projects.
SECTION 3.08 - LOT ACCESS REQUIREMENTS
No structure requiring a building permit shall be erected on
any lot which'does not abut either a public right-of-way or a
private street or easement at least 30 feet in width which has been
approved by the Manteo Board of Commissioners and recorded by
the Register of Deeds of Dare County.
SECTION 3.09 - VISION CLEARANCE AT INTERSECTIONS
On a corner lot which abuts a state or town maintained right-
of-way in any district no planting, structure, fence, wall or other
obstruction to vision between three (3) feet and eight (8) feet
in height shall be placed or maintained within the triangular area
formed by the intersecting street right-of-way lines and a straight
line connecting points on said street lines each of which is twenty-five
(25) feet distance from the point of intersection. Vertical
elements will be allowed so lbng as no more that 5% of the area
• between three (3) and eight (8) feet is obstructed on all rights-
0

of -way. Proper setback for vision shall be determined by the
Planning and Zoning Board but in no case shall the requirement
exceed that above.
Row
C� J
The area frorn 3'- 9' high , %5' Ions must be kept
AC.e7- .I�wv w6 n� . 0:n'. I
TVIIS CUIOWs a VerY1Cal
+hrou9h the area if
more than 5°1a of t
4 25'
not obstruct
The area from 5'-51 h19h, zv• long 15 nor i�rl
95010 clear Of visual Ob5tf=c '%0111.
ftccmp%avtr,
erassAnc.e and cIlrfWA shrub are below tvie 31 siskt line,
FA

SECTION 3.10 - WALLS AND FENCES
The setback requirements of these regulations shall not prohibit
any necessary retaining wall or prohibit any wall or fence.
However, within or abutting any Residential District, no wall or
fence shall exceed eight (8) feet in height within a front or side
yard.
SECTION 3.11 - STRUCTURE EXCLUDED FROM HEIGHT LIMITATIONS
The height limits of these regulations shall not apply to a
church spire, belfry, cupola, dome or ornamental tower, monument,
water tower, transmission tower, chimney, smoke stack, conveyor,
flag pole, radio or television tower, mast or aerial, parapet wall
not extended more than four (4) feet above the roof line of the
building, necessary mechanical appurtenances, and any other feature
not for human occupancy.
SECTION 3.12 - REDUCTION OF FRONT YARD SETBACK REQUIREMENTS
In any Residential District, where the average setback distance
for existing buildings on all lots located wholly or partly within
two hundred (200) feet of any lot, and within the same zoning district
and fronting on the same side of the same street as such lot, is less
than the minimum setback required in said zoning district, the
the setback on said lot may be less than the required setback,
but not less than the existing average setback distance for all
.lots within the two hundred (200) feet and in no case shall the
setback be less than fifteen (15) feet. When lots within the two
hundred (200) feet are vacant, those vacant lots shall be considered
as having the minimum required setback for the purpose of computing
an average setback distance.
SECTION 3.13 - GROUP DEVELOPMENT PROJECTS
Group development projects consisting of two or more principal
buildings constructed on a single lot, may be permitted as conditional
uses. Such review and approval shall be required for all group
development projects. A certified survey plat shall be submitted
to allow for review of the size and location of all buildings,
structures, streets, drives and Parking spaces and their relationship
• to any open spaces and adjacent properties. Such group
e

• development plans shall also be accompanied by a computation or
schedule expressed in square feet, which indicates the area and
percentages of the site devoted to:
Gross or Total Area, Parking Area, Building Area,
Open Space, Easements, Areas of Environmental
Concern and Setbacks.
Application for Building Permit for Conditional Uses may be referred
to in Section 9.05 of this ordinance.
A. Design Standards, General
1. Street Access: Any building established as a part
of a group development project which cannot properly
be served by emergency and service vehicles from an
abutting street shall be made accessible to such vehicles
by a driveway having a roadbed width of not less than
20 feet, exclusive of parking spaces.
2. Off -Street Parking and Loading Facilities: Off-street
parking and loading facilities established in connection
with a group development project shall be of such design,
is location and arrangement as will not interfere with the
efficient flow of traffic through the area and as will
not interfere with the access of emergency and service
vehicles.
3. Sevaration of Building2: All buildings established as
a part of a'group development project shall be
separated by not less than 20 feet.
•
4. Setback Requirements: Unless otherwise provided by this
ordinance for a specific type of group development
project shall comply with the front yard setbacks, and
the side and rear yard requirements established for the
district in which located.
5. Uses Prohibited: In no case shall a use be permitted
as a part of a group development project that is
prohibited by this ordinance in the district which
such project is to be located.
B. Design Standards - Grouv Housing: In addition to the other
standards set forth in this section, group housing shall
comply with the following additional requirements:
0

• 1. Setbacks: All buildings established as a part of
group housing shall be set back not less than twenty-
five (25) feet from any side or rear property line.
2. Location: No dwelling structure established as a part
of group housing shall be located within twenty (20)
feet of another dwelling structure within the development.
3. Lot Size: Group housing shall be permitted only on
a lot or plot or ground having an area of not less
than 20,000 square feet.
C. Common Areas: An area or architectural feature designated
on the site plan of a Group Development as "common area"
or as an area to be held in separate ownership for the use
and benefit of residents occupying specified lots shown
on such plan may be approved as part of the plan, provided
that it meets the following requirements:
1. It shall be conveniently accessible to all residents
of the development.
2. It shall be made available in its improved state as set
• forth on the site development plan in accordance with
an approved time schedule.
3. It shall be maintained in accordance with an approved
maintenance plan specifying what such maintenance shall
consist of, whose responsibility it shall be, and
assuring satisfactory ,execution of maintenance.
4. Provisions to insure its continuing availability shall
be included in the deed to each parcel to be served
by such common area. A conformed copy of laid deed
shall be presented to the Planning and Zoning Hoard
for record.
D. Additional information
Additional information may be required by the Planning
Hoard or the Commissioners to determine the impact of the
proposed development of the town.
E. Approval of Site Development Plans
No building permit shall be issued in such development
unless and until the Planning Hoard and Board of Commissioners
shall have approved site development plans and reports
for the development as a whole or stages or portions thereof
•
10

• deemed satisfactory in relation to total development. No
structure or use other than as indicated in approved site
development plans and reports shall be permitted.
F. Modification of Approved Plans
After review by the Planning Board, the Board of Commissioners
may permit changes in an approved site development plan,
but only on a finding that such changes are in accord with
applicable current regulations.
SECTION 3.14 - CONVERSION OF EXISTING STRUCTURES TO CONDOMINIUM
OWNERSHIP
Existing structures not in condominium ownership shall comply
with'the Unit Ownership Act of the State of North Carolina.
SECTION 3.15 - COMPLIANCE WITH STATE GUIDELINES FOR AREAS OF
ENVIRONMENTAL CONCERN
• Prior to the issuance of any initial zoning permit, zoning
change permit, or conditional use permit, the zoning administrator
and local AEC Permit Officer in consultation with the State AEC
Field Consultant, shall determine whether the proposed use or structure
is located within an Area of Environmental Concern. This determination
shall result from an on -site investigation. If the proposed use or
structure is located in an Area of Environmental Concern, the zoning
administrator and local AEC Permit Officer shall certify that the
proposed use or structure complies with development standards of the
State Guidelines for Areas of Environmental Concern prior to issuing
any zoning permit.
u
11

0 ARTICLE IV. INTERPRETATION AND DEFINITION OF TERMS
For the purpose of this ordinance certain words or terms used
herein shall be interpreted as follows:
SECTION 4.01 - INTERPRETATION OF COMMON WORDS AND TERMS
words used in the present tense include the future tense.
Words used in the singular number shall include the plural
and words used in the plural shall include the singular.
The word "person" includes a firm, copartnership, company,
organization, trust, association, or corporation as well as
an individual.
The word "lot" includes the words "plat", "plot", "parcel",
or "tract".
The word "building" includes the word "structure".
• The word "used" or 'occupied" as applied to any land or building
shall be construed to include the words "intended, arranged,
or designed to be used or occupied".
The word "shall" is always mandatory.
The word "may" is permissive.
SECTION 4.02 - DEFINITION OF SPECIFIC TEPNS AND WORDS
Accessory Use: A use which is clearly incidental to and
customarily found in connection with the principal use and
located on the same lot with such principal use.
Alley: A minor right-of-way, dedicated to public use, which
affords a secondary means of vehicular access to the back or
side of properties otherwise abutting a street, and which may
be used for public utility purposes.
Avartment: A portion of a building used or designed as a
residence for one or more housekeeping units, living independently
of each other; contained under one roof; individual units
12

being connected by a dividing partition or having the ceiling
structure of the lower unit the floor structure of the unit
above.
Area of Environmental Concern: Those natural resources as stated
in the State Guidelines for Areas of Environmental Concern
(subchapter 7H). In Manteo, these resources include estuarine
waters, coastal wetlands, public trust areas, estuarine
shorelines, fragile natural and cultural resource areas, in
Dough's Creek or Shallowbag Bay.
Buffer, Opaque Screen: A device of material and/or space used
to provide sight and sound screening from adjoining properties.
When an opaque screen buffer is called for in this ordinance,
it shall mean a screen that is opaque from the ground to a
height of six feet, with intermittent planted trees from the
opaque portion to a height of at least twenty feet. An opaque
screen is intended to exclude completely all visual contact
between uses and to create a strong impression of spatial
separation. The opaque screen may be composed of a wall, fence,
landscaped earth berm, planted vegetation, or existing vegetation.
If planting is used, the screen shall be 90% opaque after two (2)
years. Compliance of intermittent visual obstruction planting
• or natural vegetation will be judged on the basis of the average
mature height and density of foliage of the subject species, or
field observation of existing vegetation. The opaque portion
of the screen must be opaque in all seasons of the year. At
maturity, the portion of intermittent visual obstructions should
not contain any completely unobstructed openings more than
ten feet wide. The portion of intermittent visual bbstructions
may contain deciduous plants.
The required height and width of buffers and the materials used
in construction may vary according to use, where a buffer
is required under the provisions of this ordinance, it shall
be approved by the Planning and Zoning Board. The Board may
consider other factors such as slope, sound, and solar access
in making a judgment of the appropriateness of a buffer.
13

dt
•
Sm,al trees planted thirty C30) feet- on center
t_acry�e trees glavrted forty C40) feel- on ce4r-y-
evergreen trees , staggered Flanting , vulth branchee touching the 9rou-nd.�
OFA%Ua to s%% (C-) feet' above the ground.
Each of
Opaque
the above is acceptable as an
Screen Puff er
14

Building: Any structure enclosed and isolated by exterior
walls constructed or used for residence, business, industry
or public purposes.
Building. Accessory: A subordinate building consisting of walls
and a roof, the use of which is clearly incidental to that of
a principal building on the same lot. Accessory buildings
may be placed in any rear or side yard but may be no closer than
five (5) feet from any. property line.
Building, Principal: A building in which is conducted the
principal use of the lot on which it is located.
Building Setback Line: A line parallel to or concentric with
the street right-of-way establishing the minimum allowable
distance between such right-of-way and the nearest portion of
any building, excluding the outermost three feet of any uncovered
porches, steps, eaves, gutters and similar fixtures.
Caliper: The diameter as measured at a height of four feet.
Condominium: Ownership in common with others of a parcel of
land and certain parts of a building thereon which would
normally be used by all the occupants together with individual
• ownership in fee of a particular dwelling unit%in such building.
Cottage Industry: The sales and production of goods on the same
site, consistent with the historic village character.
Development: Any man-made change to improved or unimproved
real estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations.
Dwelling Unit: one room, or rooms connected together,
constituting a separate, independent housekeeping establishment
for owner occupancy, or rental or lease, and physically separated
from any other rooms or dwelling units which may be in the same
structure, and containing independent cooking and sleeping
facilities for a single family.
Dwelling, Single -Family: A detached building designed for or
occupied exclusively by one family.
Dwelling, Two -Family (Duplex): A detached building, divided
horizontally or vertically, and designed for or occupied by
two single-family housekeeping units contained entirely under
one roof and having one dividing partition common to each unit,
or having the ceiling -structure of the lower unit the floor
• I
15

• structure of the unit above.
Dwelling, Multiple: A building or portion thereof used or
designed as a residence for three or more families living
independently of each other and doing their own cooking
therein, including apartment houses.
Existing Mobile Home Park: A parcel (or contiguous parcels) of
land divided into two or more mobile home lots for rent or
sale for which the construction of facilities for servicing
the lot on which the mobile home is to be affixed (including,
at a minimum, the installation of utilities, either final site
grading or the pouring of concrete pads, and the construction
of streets) is completed before the effective date of this
ordinance.
Expansion to an Existing Mobile Home Park or Mobile Home
Subdivision: The preparation of additional sites by the
construction of facilities for servicing the lots on which
the mobile homes are to be affixed (including the installation
of utilities,whether final site grading or pouring of concrete
pads, or the construction of streets).
• Fast Food: Any place or premises used for sale, dispensing,
or serving of food, refreshments, or beverages; including
those establishments where customers may serve themselves and
may eat or drink the food, refreshments or beverages on the
premises or in automobiles.
Family: One or more persons occupying a single family dwelling
unit, provided that unless all members are related by blood or
marriage, no such family shall contain more than five (5)
persons.
Flood or Flooding: A general and temporary condition of partial
or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation of runoff of
surface waters from any source.
Flood Hazard Boundary Map: An official map of a community,
issued by the Federal Insurance Administration, where the
boundaries of the areas of special flood hazard have been.
designated as Zone A.
Flood Insurance Rate Map: An official map of a community, on
• which the Federal Insurance Administration has delineated both
the areas of special flood hazard and the risk premium zones
applicable to the community.
16

n
L�
Flood Insurance Study: The official report provided by the
Federal Insurance Administration. The report contains flood
profiles, as well as the Flood Hazard Boundary-Floodway Map
and the water surface elevatipn of the base flood.
Habitable Floor: Any floor useable for living purposes, which
includes working, sleeping, eating, cooking or recreation, or
a combination thereof. A floor used for storage purposes only
is not a "habitable floor".
Home Occupation: A profession or occupation carried on by a
member of a family or a member of a recognized.profession
residing on the premises, provided that no merchandise or
commodity other than that produced on the premises is sold .
on the premises and provided further that less.than fifty
(50) percent of the total actual floor area of all permissable
structures is used for home occupations or professional
purposes.
Lot: A parcel of land which fronts on and has ingress and egress
by means of a public right-of-way or an approved private street
and which is occupied or intended to be occupied by a building
. or groups of buildings as provided herein with the customary
accessories and open spaces. For the purposes of this ordinance
"plat", "lot", "parcel", "plot", and "tract" shall be considered
synonomous.
Lot Area: The total horizontal area included within lot lines.
Lot. Corner: A lot of which at least two adjoining sides abut
for their full lengths on a street, provided that the interior
angle at the intersection of two such sides is less than
135 degrees.
Lot Depth: The average distance from the street line of the
lot to its rear line measured in a general direction of the
side lines of the lot.
Lot Lines: The lines bounding a lot as defined herein:
(1) Lot Line, Front: The line separating said lot from
that street which is designated as the front street
on the building permit, certificate of occupancy or
subdivision plat.
(2) Lot Line, Rear. The lot boundary opposite and most
distant from the front line. In the case of a
• pointed or irregular lot, it shall be an imaginary
line parallel to and farthest from the front lot line,
17

not less than 30 feet long and wholly within the lot.
(3) Lot Line, Side: A side lot line is any lot boundary
lot not a front lot line or rear lot line.
Lot Width: The width of a lot at the required building setback
line measured at right angles to its depth.
Lot of Record: A lot which is part of a subdivision recorded
in the office of the Dare County Register of Deeds, or a lot
or parcel described by metes and bounds, the description which
has been recorded.
Mean Sea Level: The average height of the sea for all stages
of the tide.
Medical Clinic: A building.or structure or portion thereof
where medical services are provided for out patients -only.
Mobile Home (Includes Double -Wide and Triple -Wide Homes): A
modular unit built on a chassis, with body width exceeding
8 feet or body length exceeding 32 feet, designed to be used
as a dwelling, with or without a permanent foundation, when
• connected to the required utilities. A travel trailer is not
to be considered as a mobile home.
Mobile Home Park: A parcel or contiguous parcels of land which
has been planned and improved for the placement of mobile homes
for dwelling purposesr provided that all mobile home parks
existing at the time of passage of this ordinance and not meeting
the minimum requirements established herein for mobile home
parks, shall be considered a non -conforming use, and further
provided that one or two mobile homes on a lot.with a principal
building or use, or on a separate lot, shall not be considered
a non -conforming mobile home park and when such mobile homes
are removed from said lots they may not be replaced with another
mobile home.
Modular Unit:' A factory fabricated transportable building
designed to be used by•itself or to be incorporated with similar
units at a building site into a modular structure. The term
is intended to apply to major assemblies and does not include
prefabricated panels, trusses, plumbing trees, and other
prefabricated subelements which are to'be incorporated into a
structure at the site.'
New Construction: Structures for which the "start of construction"
• commenced on or after the effective date of this ordinance.
18

New Mobile Home Park or Mobile Home Subdivision: A parcel
(or contiguous parcels) of land divided into two or more mobile
home lots for rent or sale for which the construction of
facilities for servicing the lot on which the mobile home is
to be affixed (including, at a minimum, the installation of
utilities, either final site grading or the pouring of concrete
pads, and the construction of streets) is completed on or after
the effective date of this ordinance.
Non -Conforming Use: A use of building or land which does not
conform with the regulations of the district in which such
building or land is situated but was lawful before adoption of
this ordinance.
Open
Space:
An unoccupied space
open
to the sky.
Oven
Storage:
Unroofed storage
area,
whether fenced or not.
Outdoor Market: The sale of goods in an open lot.
Planned Unit Development: Complete development of land which
is under central control or for which central control mechanisms
have been established. The plan will'be in accordance with
• such guides and objectives as may be established by the Planning
Board and Board of Commissioners in Article VIII of this ordinance.
Parking Space: A vehicular storage space of not less than nine
(9) feet by eighteen (18), plus the necessary access space.
It shall always be located outside any dedicated right-of-way.
Sand Dunes: Naturally occurring accumulations of sand in
ridges or mounds landward of the beach.
Sign: Any surface, fabric or device bearing lettered, pictorial
or sculptured matter designed to convey information visually
and exposed to public view, or any structures including flags,
banners, billboards and poster panel, designed to carry visual
information.
(1) Outdoor Advertising Sign and Structure: A sign and
structure which directs attention to a business,
commodity, service or entertainment conducted, sold
or offered:
(a) only elsewhere than upon the premises where the
sign is displayed; or
(b) as a minor or incidental activity upon the
• premises where the sign is displayed.
19

(2) Business Sian: A sign which directs attention to
a business, profession or industry located upon the
premises where the sign is displayed, to type of
products sold, manufactured or assembled, and/or
to service or entertainment offered on said premises;
but not a sign pertaining to the preceeding if such
activity is only minor and incidental to the
principal use of the premises.
(3) Identification Sian: A sign, used to identify only:
the name of the individual, family, organization or
enterprise occupying the .premises; the profession
of the occupant; the name of the building on which
the sign is displayed.
(4) Bulletin Board: A sign used to announce meetings or
programs to be held on the premises of a church, school,
auditorium, library, museum, community recreation
center or similar non-commercial places of public
assembly.
(5) Directional Sian: Signs which contain only the name
of the establishment to which direction is given and
is directional information.
Sian Area: The area of signs composed in whole or in part
of free standing letters, devices or sculptured matter not
mounted on a measurable surface shall be construed to the area
of the least square, rectangle or circle that will enclose
the letters, devices and/or sculptured matter. The area of a
double-faced sign shall be the area of one face of the sign,
provided that the two faces are of the same size and are
parallel to one another with no more than twenty-four (24)
inches between each sign face.
Skirting Area: That area beneath a mobile home from the
underside of the floor area to the ground.
Start of Construction: The first placement of permanent
construction of a structure (other than a mobile home) on a site,
such as the pouring of slabs or footings or any work beyond
the stage of excavation, including the relocation of a structure.
Permanent construction does not include the installation of
streets and/or walkways; nor does it include excavation for a
basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not
• occupied as dwelling units or not as part of the main structure.
NN

• For a structure (other than a mobile home) without a basement
or poured footings, the "start of construction" includes the
first permanent framing or assembly of the structure or any
part thereof on its piling or foundation. For mobile
homes not within a mobile home park or mobile home subdivision,
"start of construction" means the affixing of the mobile home
to its permanent site. For mobile homes within mobile home
parks or mobile home subdivisions, "start of construction"
is the date on which the construction of facilities for servicing
the site on which the mobile home is to be affixed (including,
at a minimum, the construction of streets, either final site
grading or the pouring of concrete pads, and installation of
utilities) is completed.
Street: A street is any permanent dedicated public right-of-
way which has been accepted for maintenance by the N.C.,
Department of Transportation or the Town of Manteo.
Structure: Anything constructed or erected, the use of which
requires location on the ground, or attachment to something
having location on the ground.
Subdivider: Any person who subdivides or develops any land
. deemed to be a subdivision as defined in this section;
Subdivision: Any division of a tract or parcel of land into two
or more lots, building sites or other divisions, for„the purpose,
whether immediate or future, of sale or building development,
including any division of land involving the dedication of a
new street or a change in existing streets; provided,,that
the following shall not be included within this definition,
nor shall they be subject to the regulations prescribed by Section
6.09 of this ordinance.
•
(1) The combination or recombination of portions of
previously platted lots, if the total number of lots
is not increased and the resultant lots are equal
to or exceed the standards of the county as established
by Section 6.09 of this ordinance.
(2) The division of land into parcels greater than ten
acres if no street right-of-way dedication is involved.
(3) The public acquisition by purchase of strips of land
for the widening or opening of streets.
21

• (4) The division of a tract of land in single ownership,
the entire area of which is no greater than two acres,
into not more than three lots, where no street right-of-
way dedication is involved, and if the resultant lots
are equal to or exceed the standards of the county
as established by Section 6.09 of this ordinance.
Sustantial Improvement: For a structure built prior to the
enactment of this ordinance, any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds
fifty percent of the market value of the structure either
before the improvement or repair is started, or if the structure
has been damaged and is being restored, before the damage occurred.
For the purposes of this definition "substantial improvement"
is considered to occur, when the first alteration of any wall,
ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions
of the structure. The term does not, however, include either
any project for improvement of a structure to comply with existing
state or local health,.,sanitary, or safety code specifications which
are solely ' , necessary to assure safe living conditions, or
any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
• Townhouse: A single-family dwelling on its own individual lot
but connected on two sides, by means of a common wall for at
least ten (10) feet of its length, to two other single-family
dwellings or an end dwelling of a row of such dwellings. No
more than six (6) such dwelling units may be attached in a
single group.
Trailer: Shall include any of the following:
(1) Travel Trailer: A vehicular, portable structure
built on a chassis, designed to be used as a
temporary dwelling for travel, recreational, and
vacation uses, and, when factory equipped for the
roads, it shall have a body width not exceeding
eight (8) feet, and a body length not exceeding
thirty-two (32) feet.
(2) Pick -Ma Coach: A structure designed to be mounted
on a truck chassis for use as a temporary dwelling
for travel, recreation, and vacation.
(3) Motor -Home: A portable, temporary dwelling to be used
for travel, recreation, and vacation, constructed
as an integral part of a self-propelled vehicle.
22

u
(4) Camping Trailer: A folding structure of canvas or
other material mounted on wheels and designed for
travel, recreation, and vacation use.
Trailer Park: A parcel or tract of land under single ownership
which has been planned and improved for this temporary
placement of campers or trailers as a service to the traveling
public. All trailer parks existing at the time of passage
of this ordinance which do not meet the minimum requirements
established for, trailer parks by this ordinance shall be considered
a non -conforming use.
Use: A "use" is:
(1) Any purpose for which a building or other structure
or a tract of land may be designed, arranged, intended,
maintained or occupied; or,
(2) Any activity, occupation, business, or operation
carried on, or intended to be carried on, in a
building or other structure or on a tract of land.
• Use, Conditional: A conditional use is a use that would not
be appropriate generally or without restriction throughout a
particular zoning district but which, if controlled as to
number, area, location or relation to the neighborhood, would
preserve the intent of this ordinance to promote the public
health, safety, morals, and general welfare. Specific
provisions are made for conditional uses which may be permitted
in certain zones and the procedures for application are set
out in Article IX, Section 9.05 of this ordinance.
Variance: A variance is a relaxation of the terms of the
zoning ordinance where such variance will not be contrary to
the public interest and where, owing to conditions peculiar
to the property and not the result of the actions of the applicant,
a literal enforcement of the ordinance would result in unnecessary
and undue hardship. As used in this ordinance a variance is
authorized only for height, area, and size of structure or size
of yards and open spaces. The establishment or expansion of the
use otherwise prohibited shall not be allowed by variance, nor
shall a variance be granted because of the presence of
non -conformities in the zoning district or uses in an adjoining
zoning district.
Yard: A required open space other than
a court unoccupied and
unobstructed by any
structure or portion
of a structure from
•
30 inches above the
general ground level
of the graded lot
23

upward, provided however that fences, walls, poles, posts, and
other customary yard accessories, ornaments, and furniture may
be permitted in any yard suject to height limitations and
requirements limiting obstruction of visibility or any other
requirement of this ordinance, and further provided that customary
accessory buildings may be located in any side or rear yard no
closer than five (5) feet to any property line and subject to
other limitations of this ordinance.
(1) Yard, Front: A yard extending between side lot lines
across the front of a lot adjoining the public street.
Depth of required front yard shall be measured at right
Angles to a straight line joining the foremost points
of the side lot lines. The foremost point of the
side lot line, in the case of rounded property corners
at street intersection, shall be assumed to be the
• point at which the side and front lot lines would
have met without such rounding. Front and rear yard
lines shall be essentially parallel.
(2) Yard, Rear: A yard extending across the rear of the
lot between side lot lines. Depth of a required
rear yard shall be measured in such a manner that the
• yard established is a strip of the minimum width
required by district regulations with its inner edge
parallel with the rear lot line.
•
(3) Yard, Side: A yard extending from the rear line of
the required front yard to the rear yard. Width
of a required side yard shall be measured in such
a manner that the yard established is a strip of the
minimum width required by district regulations with
its inner edge parallel with the side lot line.
24

• AMCLE V. NON-CONFOR4ITIES
SECTION 5.01 - INTENT
Within the districts established by this ordinance or
amendments that may later be adopted there exist lots, structures,
uses of land and structures, and characteristics of use which
were lawful before this ordinance was passed or amended, but
which would be prohibited, regulated, or restricted under the
terms of this ordinance or future amendments. It is the intent
of this ordinance to permit these non -conformities to continue
until they are removed, but not to encourage their survival. It
is further the intent of this ordinance that non -conformities
shall not be enlarged upon, expanded or extended, nor be used
as grounds for adding other structures or uses prohibited elsewhere
in the same district.
To avoid undue hardship, nothing in this ordinance shall be
deemed to require a change in the plans, construction, or
designated use of any building on which actual construction was
• lawfully begun prior to the effective date of adoption or
amendment of this ordinance and upon which actual building
construction has been carried on diligently. Actual construction
is hereby defined to include the placing of construction materials
in a permanent position and fastened in a permanent manner. Where
excavation or demolition or removal of an existing building has
been substantially begun preparatory to rebuilding, that excavation,
demolition, or removal shall be considered to be actual construction,
provided that work shall be carried on diligently.
SECTION 5.02 - REGULATION OF NON-MNFOR41TIES
A. Non -Conforming Lots of Record
1. In any district in which single-family dwellings
are permitted, a single-family dwelling and
customary accessory buildings may be erected
on any single lot of record at the effective date
of adoption or amendment of this ordinance, even
though limitations may be imposed by other provisions
of this ordinance. The lot must be in separate
ownership and not be continuous frontage with other
lots in the same ownership. This provision shall
apply even though the lot fails to meet the requirements
• or width, or access, that are generally applicable
25

• in the district, provided that yard dimensions and
requirements other than these applying to area or
width, or access, of the lot shall conform to the
regulations for the district in which such lot is located.
variance of yard requirements shall be obtained
only through action of the Board of Adjustment as .
established in Article XI of this ordinance.
2. If two or more lots or combinations of lots and portions
of lots with continuous frontage in single ownership
are of record at the time of passage or amendment of the
this ordinance, and if all or part of the lots do not
meet the requirements established for lot width and area,
the lands involved shall be considered to be an
undivided parcel for the purposes of this ordinance,
and no portion of said parcel shall be used or sold
in a manner which diminishes compliance with lot
width and area requirements established by this'
ordinance, nor shall any division of any parcel be made
which creates a lot with width or area below the
requirements stated in this ordinance.
B. Non -Conforming Uses of Land
• Where at the time of passage of this ordinance lawful
use of land exists which would not be permitted by the
regulations imposed by this ordinance, and where the
use involves no individual structure with a replacement
cost exceeding $1,000, the use may be continued so long as
it remains otherwise lawful, provided:
1. No such non -conforming use shall be enlarged or
increased, nor extended to occupy a greater area of
land than was occupied at the effective date of adoption
or amendment of this ordinance;
2. No such non -conforming use shall be moved in whole
or in part to any portion of the lot or parcel other
than that occupied by such use at the effective date
of adoption or amendment of this ordinance;
3. If any such non -conforming use of land ceases for any
reason for a period of more than 30 days, anysubsequent
use of such land shall conform to the regulations
specified by this ordinance for the district in which
the land is located.
4. No additional structure not conforming to the
requirements of this ordinance shall be erected in
• connection with the nonconforming use of land.
26

• C. Non -Conforming Structures
Where a lawful structure exists at the effective date of
adoption or amendment of this ordinance that could not
be built under the terms of this ordinance by reason of
restrictions on area, lot coverage, height, yards, its location
on the lot, or other requirements concerning the structure,
the structure may be continued so long as it remains lawful,
subject to the following provisions:
1. No such non -conforming structure may be enlarged or
altered in a way which increases its non -conformity,
but any structure or portion of it may be altered to
decrease its nonconformity.
2. If any such nonconforming structure or non -conforming
portion of structure is destroyed by any means to an
extent of more than 50 percent of its replacement cost
at time of destruction, it shall not be reconstructed
except in conformity with the provisions of this
ordinance.
3. If any such structure is moved for any reason for any
distance whatever, it shall then conform to the
• regulations for the district in which it is located
after it is moved.
D.
If lawful use involving buildings with a replacement cost
of $1,000 or more, or of building and premises in combination,
exists at the effective date of adoption or amendment of
this ordinance, that would not be allowed in the district
under the terms of this ordinance, the lawful use may be
continued so long as it remains otherwise lawful, subject
to the following provisions:
1. No existing structure devoted to use not permitted by
this ordinance in the district in which it is located
shall be enlarged, extended, constructed, reconstructed,
moved, or structurally altered except in changing
the use of the structure to a use permitted in the
district in which it is located;
2. Any non -conforming use may be -extended throughout any
parts of a building which were mainfestly arranged
or designed for such use at the time of adoption or
• amendment of this ordinance, but no such use shall be
27

• extended to occupy any land outside such building;
3. If no structural alterations are made, any non-
conforming structure or use of structures may be changed
to any conforming use, or with the approval of the
Town Commissioners to any use more in character with
uses permitted in the district. In permitting such a
change, the Hoard of Commissioners must find that the
proposed use is more appropriate or equally as appropriate
to the district as the existing nonconforming use and
shall require appropriate conditions and safeguards
necessary to ensure that the change is in keeping with
provisions and spirit of this ordinance;
4. Any structure, or structure and land in combination,
in or on which a nonconforming use is superseded by
a permitted use, shall thereafter conform to the
regulation for the district, and the non -conforming
use may not thereafter be resumed;
5. When a non -conforming use of a structure, or structure
and premises in combination, is discontinued or
abandoned for ten consecutive months (except when
• government action impedes access to the premises),
the structure, or structure and premises in combination,
shall not thereafter be used except in conformity
with the regulations of the district in which it is
located; '
6. where non -conforming use status applies to a structure
and premises in combination, removal or destruction
of the structure shall eliminate the non -conforming
status of the land. Destruction for the purpose of this
subsection is defined as damage to an extent of more than
50 percent of the replacement cost at time or destruction.
However, a nonconforming structure or use existing at
the date of passage of this ordinance may be restored
to its original condition if destroyed or damaged by
any means prior to the year 1999.
E. Revairs and Maintenance
1. In any nonconforming structure or portion of a structure
containing a non -conforming use, work may be done in
,any period of 12 consecutive months on ordinary repairs,
or on repair or replacement of non -bearing walls, fixtures,
wiring, or plumbing, to an extent not exceeding 10
percent of the current replacement cost of the non-
conforming structure or non -conforming portion of the

• structure as the case may be, provided that the cubic
content existing when it became non -conforming shall
not be increased.
2. If a non -conforming structure or portion of a structure
containing a non -conforming use becomes physically
unsafe or unlawful due to lack of repairs and maintenance,
and is declared by the Building Inspector to be unsafe
or unlawful by reason of physical condition, it shall
not thereafter be restored, repaired, or rebuilt except
in conformity with the regulations of the district
in which it is located.
3. Nothing in this ordinance shall be deemed to prevent
the strengthening or restoring to a safe condition of
any building or part thereof declared to be unsafe
by any official charged with protecting the public
safety, upon order of such official.
F. Uses Under Conditional Use Provisions Not Non -Conforming
Any use which is permitted as a conditional use in a district
under the terms of this ordinance shall not be deemed a
non -conforming use in such district, but shall without
Isfurther action be considered a conforming use.
29

ARTICLE VI. GENERAL PROVISIONS
SECTION 6.01 - OFF-STREET PARKING REQUIREMENTS
At the time of erection of any building or structure, or at
the time any main building or structure is enlarged or increased
in capacity by adding dwelling units, guest rooms, seats or floor
area, or before conversion from one zoning use or occupancy to another,
permanent off-street parking space whall be provided according to•
the amounts and specification provided by this ordinance.
A. General Provisions
1. Each parking space shall have a minimum length of
eighteen (18) feet and a minimum width of nine (9)
feet. It shall have vehicular access to a publicly
dedicated street or alley, except as authorized in d
this ordinance for Planned Unit Development.
2. With the exception of required spaces for single-family
and two-family dwelling units, sufficient maneuvering,,
• space shall be provided so that no vehicle will be
required to back into the public right-of-way.
3. No parking spaces for residential use,.except for
single-family and two-family use, shall be located
in the required front yard.
4. Required parking spaces and driveways for other than
single-family and two-family uses shall be graded, improved
and maintained in a manner which will provide a dust -free
surface permitting safe and convenient use in all weather
conditions.
5. Required off-street parking spaces are permanent areas
and shall not be used for any other above ground purpose.
6. For uses not specifically mentioned herein, off-street
parking requirements shall be applied by the Planning
and Zoning Board based upon requirements for similar
uses, established herein.
% All space requirements which are based upon employment
shall be computed on the basis of the greatest number
of persons on duty at any one period during the day or
• night. In instances where calculations indicate a
30

• portion of one (1) space is required, an additional
full space shall be provided.
8. Each application for a building permit or certification
of occupancy submitted to the Planning and Zoning Board
shall include information as to the location and
dimensions of odf-street parking and loading space and
the means of ingress and egress to such space. This
information shall be in sufficient detail to enable
the Planning and Zoning Board to determine whether or
not the requirements of this Section are met.
9. The required parking space for any number of separate
uses may be combined in one lot but the required space
assigned to one use may not be assigned to another use,
except that one-half of the parking space required
for churches, theatres,; or assembly halls whose peak
attendance will be at night or on Sundays may be assigned
to a use which will be closed at night or on Sundays.
10. If the off-street parking space required by this
ordinance in any district except a Residential
District cannot be reasonably provided on the same lot
• on which the principal use is located, such space may
be provided on any land within four hundred (400)
feet of the main entrance to such principal use. Said
land shall be used for no other purpose so long as no
other adequate provisions of parking space meeting the
requirements of this ordinance have been made for the
principal use. In such cases, the applicant for a
permit for the principal use shall submit with his
application for a building permit an instrument duly
executed and acknowledged, which subjects said land to
parking use in connection with the principal use for
which it is made available for a period of 20 years
with an option for renewal for an additional period
of 10 years. The applicant shall cause said instrument
to be registered in the office of the Register of
Deeds of Dare County.
11. Any off-street parking space required by any use
permitted in any Residential District shall be
provided on -the same lot with the use by which it is
required. Off-street parking space in conjunction
with commercial and industrial uses in other districts
shall not be permitted in a Residential District.
12. Where off-street parking is provided adjacent to a
is
street right-of-way for any business use, a buffer
31

of at least five (5) feet width, at least three (3)
feet height after two yearn, and with trees of at least
three (3) inch caliper every fifteen (15) feet shall
be provided adjacent to such street right-of-way.
Curb cuts through such buffers shall be located no
closer together than fifty (50) feet unless otherwise
approved by the Planning and Zoning Board.
B. Requirements for Parking Lots
Where parking space for five (5) or more cars is permitted
or required, the following provisions shall be complied
with:
1. Yards: No parking lot shall be located closer than
five (5) feet to a public right-of-way. The area
between the.parking lot and street right-df-way shall
be planted and maintained with vegetation at least
five (5) feet wide, at least three (3) feet high after
two years, and with trees of at least three (3) inch
caliper every fifteen (15) feet unless otherwise approved
by the Planning and Zoning Board.
• 2. garb Bumpers: The required front and side yards shall
be set off from the parking area by a fixed curb approved
by the Zoning Administrator, not less than six (6)
inches or more than two feet high.
•
3. Lighting: Any lighting shall be so arranged as to
direct the light and glare away from the streets and
adjacent property.
4. Surface and Drainage: Parking lots shall be constructed
with a surface which will permit safe and convenient
'passage of vehicles in all weather conditions. Storm
water run-off shall be retained on site to the maximum
extent feasible. Suggested methods for accomplishing
this are through the use of porous: asphalt or paving
block similar to "Turf Stone" or its equivalent. If
impermeable asphalt or concrete is used for the parking
lot surface, medians, perimeter strips or islands within
the parking area must be used as collectors and reservoir
for -storm water run-off. No water shall drain onto or
across public streets or sidewalks or into adjacent
property except into a drainage easement or natural
watercourse.
th

• 5. Markings: Each parking space shall be marked off and
maintained so as to be distinguishable.
6. Entrances: On all corner lots, no vehicular openings
shall be located at closer than fifteen (15) feet
from the point of intersection of the established
street right-of-way lines. No entrance or exit, whether
on a corner lot or not, shall exceed twenty-four (24)
feet in width at the property line, or thirty-six (36)
feet at the curb line. There shall be a minimum distance
between driveways of fifty (50) feet measured along
the curb line. on a corner lot adjacent to a major
thoroughfare, the Planning and Zoning Board may require
that one vehicular opening be provided to each street.
7. Internal Circulation: The internal circulation plan
of parking lots shall be approved by the Planning and
Zoning Board.
8. Solid Waste Container Requirements: Sufficient space
shall be provided on the premises for the location
of a solid waste container or containers as required
by the ordinance of the town which regulates the
• collection and disposal of trash and garbage. Such
solid waste container location may be in a required
parking lot provided, however, that such location does
not occupy a required parking space or maneuvering
space and further provided that such solid waste
container location shall provide convenient and safe
access to the servicing vehicle.
In addition, where parking space for thirty (30) or more
cars is permitted or required, this provision must be
complied with:
9. Planting: within the parking area but excluding
surrounding buffers (see A. 12 in this Section), not
less than 5% of the area of any parking lot shall be
planted and maintained with vegetation interspersed
in the parking area in areas no less than eighty (80)
square feet. The vegetation shall be at least three (3)
feet high. A tree of at least three (3) inch caliper
shall be planted within the planting area in the
parking area for every ten (10) parking spaces. These
trees shall be planted'no'closer than fifteen feet
on center. In such case, the total parking requirement
may be reduced by up to 10% by the Planning and Zoning
Board.
33

n
U
E
U
Liv■oz�
C-2 C'3
> Acceptable.
Forty-faLLr (44) spaces re��Wed
Five (5) Pexcent of tI le ciren Fla"ted
Ve.9etati on +nree (3) feet Kish
Four (4) trees of three (3) inch csdiper
Trees at least fifteen(is)feet o.c.
Board may affrove �r-�y(.lo�spaces
% Acce.?P't"0-IOIG
Ford - fa.,Lr(44) spaces
Fite. (5) Percent
Ve,5etation thre
Four(4)+rees of
Trees o- Ica5r
recu� �red
of the area, planted
e (3) fee}- high
+hree(3) inch calmer
fiftccn(15) feet- o, c .
board may arFroYe fatty (4o)s ces
) UnaCC. epl-aible
Forty- four(4) spaces rewired
Not e-vnoush area. planted
Trees too close -Fore-ther
34

n
U
•
C. Minimum Parking Requirements -
The number of off-street parking spaces required by this
section shall be provided on the same lot with the principal
use except as provided' in A. 10 in this Section and the
required number of off-street parking spaces specified
for each use shall be considered as the absolute minimum.
where a fraction of a space is required by this ordinance
the next whole number shall be provided. In addition,
a developer shall evaluate his own needs to determine if
they are greater than the minimum specified by this
ordinance.
1. Residential and
Related Uses
Single-family detached
dwelling units and
Townhouses:
Multi -family residence
Group Housing projects
and Condominiums:
Hotel, Tourist home,
Motel, Motor court,
Rooming or Hoarding
house•
Doctor's or Dentist's
office in own
residence:
Professional office
(other than doctor or
dentist) in own
residence:
Required Parking
Two (2) parking spaces for
each dwelling unit.
1.5 parking spaces on the
same lot for each unit.
1.25 parking spaces for
each room to be rented plus
one (1) additional parking
space for each three (3)
employees.
Three (3) parking spaces
per doctor in addition to
residence requirements.
Two (2) parking spaces for
office or home occupation
in addition to residence
requirements.
2. Public and Semi -Public
Uses Required Parking
Hospital: One (1) parking space for
each two beds intended
for patient use, one (1)
space for each resident
physician and one (1) space
for each two (2) employees.
35

• Public and Semi -Public
Uses, continued_ Required Parking
Clinic: Ten (10) parking spaces
minimum plus five (5)
parking spaces for each
doctor assigned plus one (1)
parking space for each employee.
Nursing Home: One (1) parking space for
each five (5)-beds intended
for patient use, and one (1)
space for each three (3)
employees.
Churches: One (1) parking space for
each four (4) seats in the
sanctuary.
Elementary School and
One (1) parking space for
Junior High School:
each classroom and administrative
office.
• Senior High School:
One (1) parking space for
each five (5) students for
which the building was designed
plus one (1) parking space
for each classroom and
administrative office.
Stadium:
One (1) parking space for
each three (3) spectator
seats.
Auditorium:
One (1) parking space for
each three (3) seats in the
largest assembly room.
•
Public or Private One (1) parking space for
Clubs: each two hundred (200) square
feet of gross floor space.
Public Utility One (1) parking space for
Buildings: each employee. With customer
service facilities, a minimum
of five (5) additional
spaces.
36

•
•
•
3. Retail and Office Uses Required Parking
General or Professional One (1) parking space for
Offices and Banks: each two hundred (200)
square feet of gross floor
space plus one (1) space
for each two (2) employees.
Doctor's or Dentist's
office, not more than
two (2) doctors or
dentists (for more
than Z, see Clinic):
Restaurant, Cafe or
Public eating place:
Five (5) spaces per doctor
plus one (1) per staff member.
One (1) parking space for
every three (3) customer
seats, plus one (1)
additional parking space for
each three (3) employees.
Fast Food: Thirty (30) parking spaces
in addition to the requirements
for a restaurant, cafe or
public eating place.
Furniture, Appliance and One (1) parking space for
Grocery Stores: each 500 square feet of
gross floor area.
Indoor Entertainment
facilities including
Bowling Alleys, Dance
Halls, Skating Rinks,
Amusement Arcades
and similar facilities:
One (1) parking space for
each 100 square feet of
gross floor area and one
(1) additional space for
each two (21� employees.
Outdoor Entertainment One (1) parking space for
facilities including each one hundred (100) square
Amusement Parks, Minature feet of gross ground area
Golf Course, and exclusive of the area required
similar facilities: for parking and buffering
and one (1) additional space
for each two (2) employees.
Theatres:
37
One (1) parking space for
each three (3) seats in
the auditorium.

• Retail and Office Uses
continued Required Parking
Funeral Home: One (1) parking space for
each four (4) seats in the
chapel or parlor.
Retail uses not One (1) parking space for
otherwise listed: each five hundred (500)
square feet of gross floor
area with a minimum of
five (5) spaces.
4. Wholesale Uses and
Warehouses Required Parking
Wholesale uses: One (1) parking space
for each employee on the
largest shift.
Industrial use: Two (2) parking spaces for
each three (3) employees
on the largest shift.
• D. Off -Street Loading
•
Where off-street loading space is required under the
dimensional requirements of a particular district, one or
more loading berths or other space shall be provided for
standing, loading and unloading operations either inside
or outside a building and "on the same or adjoining premises
with every building or structure erected after the enactment
of this ordinance all to be in accordance with the requirements
of the following table. A loading berth shall have
minimum plan dimensions of 12 feet by 25 feet and a 14
foot overhead clearance. A loading space need not be
necessarily a full berth but shall be sufficient to allow
normal loading and unloading operations of a kind and
magnitude appropriate to the property served thereby. The
Planning and Zoning Board shall determine the sufficiency
of loading space but in no case shall the use of such space
hinder the free movement of vehicles and pedestrians over
a street, sidewalk or alley.
38

• Use Classification
•
Retail operation, including
restaurant and dining
facilities within hotels and
office buildings, with a
total useable floor area
of 20,000 square feet
or more devoted to that
purpose.
Retail operations, and all
first floor non-residential
uses, with a gross floor
area of less than 20,000
square feet and all
wholesale and light
industrial operations
with a gross floor area
of less than 10,000 square
feet.
Space Requirements
One (1) loading berth
for every 20,000 square
feet of floor area.
A loading space (not
necessarily a full berth)
as defined in this
Section.
Office buildings and hotels One loading berth for
with a total usable area of every 10,000 square
100,000 square feet or more feet of floor area.
devoted to such purposes.
Industrial and wholesale minimum number of loading
operations with a gross berths required:
floor area of 10,000
square feet or over
and as follows:
10,000
- 40,000
square
feet
... 1
40,000
- 106,000
square
feet
... 2
100,000
- 160,000
square
feet
... 3
160,000 -
240,000
square
feet
... 4
240,000
- 320,000
square
feet
... 5
320,000
- 400,000
square
feet
... 6
Each 90,000 square feet above
400,000 square feet ............. 1
39

SECTION 6.02 - WATER SUPPLY AND SEWAGE DISPOSAL
For requirements of water supply and sewage disposal refer to
separate water and sewer ordinances in the town code.
SECTION 6.03 - REGULATIONS GOVERNING MOBILE HOME PARKS AND
TRAILER PARKS
All mobile homes, trailers and campers shall hereafter be located
for occupancy in a mobile home park or trailer park only as provided
herein.
A. Applicability of Future Zoning Ordinances and Subdivision
Regulations
A mobile home or a mobile home park shall be located only
within those districts or areas where permitted or where
it is a conditional use.
B. Location of Mobile Homes Restricted to Home Parks;
Exceptions, and Conditions_ Governing Exceptions
It shall be unlawful for any persons to place or maintain any
trailer used for human habitation or to use any trailer
for living, sleeping or business purposes on any premises
or property within the town,except upon premises located
within a trailer park, a permit for which has been granted
pursuant to the requirements of this chapter affecting
trailer parks;provided, that one trailer may be parked
temporarily or stored on any premises outside of a trailer
park for a period not exceeding forty-eight hours; provided
further, that no living quarters are maintained or any
business conducted therein nor any person occupy the same
while such trailer is so parked or temporarily stored;
and provided further, that.a trailer or mobile office used
by a contractor for the purpose of storing tools, materials,
and equipment may be temporarily located and parked on a
lot and property upon which a building is being erected
by such contractor, but such trailer or mobile office shall
be removed thereafter immediately upon completion thereof;
and provided further, that a trailer or mobile office designed
and modified for use as an office or place of business may
be temporarily located and parked on a lot and property
owned by the operator of the business to be conducted thereon
• and used only as a temporary place of business or office for
40

a period not exceeding twelve months pending the construction
thereon during such period of a permanent building or
buildings to which the business will be moved and from
which the same will conducted and the trailer or temporary
mobile office shall thereupon be removed immediately upon
completion thereof.
Any person desiring to locate and use such a trailer or
mobile office on a temporary basis for business purposes
shall first apply to and obtain from the Board of
Commissioners a permit therefor, which permit may be declined
by the Board of Commissioners upon finding that the applicant
therefor is not acting in good faith and that his application
is for the purpose of evading the provisions of this chapter.
The permit may also be revoked at any time prior to the
expiration thereof in the discretion of the Board of
Commissioners upon finding of the Board of Commissioners
determining that the holder of such permit obtained it
for the purpose of evading the provisions of -this Section
or is otherwise violating the terms and provisions of this
Section.
Any trailer or mobile office authorized to be placed upon
• any lot pursuant to the provisions of this section shall be
subject to the ordinances, rules and regulations of the
Town and the Boards of Health of the County of Dare and the
State with respect to water supply, sanitary and sewage
system.
C. Parkin of Trailers on Streets and in Public Places
No person shall park, place or leave any mobile home or
trailer on any street or other public place in the town;
provided that, this Section shall not be construed to
prohibit the standing or parking of trailers and mobile
hones while passing through the town and which are not in
violation of any traffic law or regulation.
D. Mobile Home Parks
1. Permit Recuired: It shall be unlawful for any person to
maintain, lease, operate or use any lot or parcel of land
or any building or structure thereon within the town for
a trailer park until application has been made to, and a
peziait therefor has been issued by, the Board of
Commissioners. The Board of Commissioners shall, prior
to issuing a permit, inquire and determine if all
requirements of this Section have been complied with.
41

• 2. Considerations Bearing on Granting of Permit: Park
Plan; Area. Location and Other Dimensional Requirements:
Mobile home parks shall comply with the area, location,
and other dimensional requirements of this Section.
Prior to granting a permit for a trailer park, the
Board of commissioners shall require the owner or
developer to submit a complete plan of the proposed
park, showing the location of the boundaries of the
trailer park property, proposed vehicle exits, entrances
and off-street parking spaces, trailer space layout,
and such other information as the Board of Commissioners
may deem necessary in order to determine if all
requirements of this and other applicable chapters of
this code and other ordinances are to be met. Site
requirements for all trailer parks shall be as follows:
(a) The minimum size lot, tract or parcel of land to
be used for a trailer park shall not be less than twenty
thousand (20,000) square feet, and such site shall have
an average width of not less than one hundred feet.
(b) The minimum size trailer site, area or separate
lot to be occupied by one trailer shall be thirty-five (35)
feet in width by fifty (50) feet in depth, and such site
• shall be identified by markers placed at each corner.
(c) No trailer shall be placed within five (5) feet
of its individual trailer site or lot line as
established in (b) above or within ten (10) feet of any
other trailer side -to -side and not less than fourteen (14)
feet of any other trailer end -to -end.
E
(d) No trailer shall be located within thirty-five (35)
feet of any street'or ten (10). feet of any exterior
boundary line of the trailer park.
(e) One off-street Parking space shall be provided
on the site in an approved manner for each separate
trailer unit. Such off-street parking space shall
be set aside in a location convenient to the occupants
of the trailer units and shall have ingress and egress
by means of driveways or roadways provided by the owner
of the trailer park for the common use of the occupants
of each trailer. where parking areas are provided adjacent
to a public street, egress'and ingress thereto shall be
made accessible only through driveways or openings not
exceeding twenty-five (25)'feet in width at the curb
line of the street.
42

• (f) There shall be at least a thirty (30) foot wide
row with a paved street providing access to any mobile
home site.
3. Revocation of Permit: Continuance of Business after
Revocation of Permit Prohibited:
•
A trailer park permit may be revoked by the Board of
Commissioners upon a finding of fact that a violation of
the requirements of this chapter exists; provided,
that the permit holder be given five (5) days notice
of such violation before the revocation of his permit
becomes effective; and after the revocation of a trailer
park permit has become effective it shall be unlawful for
any person to maintain, lease, operate or use any lot
or parcel of land or -any building or structure'thereon
within the town under color of.such. revoked permit.
4. Required Utilities, Water Suooly and Sewer:
All trailer parks shall be connected with the municipal
water and sewer system of the town.
SECTION 6.04 - REUMATIONS COVERING SIGNS AND OUTDOOR ADVERTISING
STRUCTURES
All signs and outdoor advertising structures shall be erected,
altered and maintained in accordance with the following provisions:
A. Building Permit Required
No sign or outdoor advertising structure shall hereafter
be erected or attached to, suspended from, or supported
on a building or structure nor shall any existing sign or
outdoor advertising structure be structurally altered,
remodeled or relocated until a building permit for same
has been issued by the Building Inspector. No permit is
required for signs enumerated in F of this Section or any
sign not exceeding three (3) square feet in area.
B. Material and Design
All signs and outdoor advertising structures shall be
constructed and designed according to generally accepted
engineering practices, to withstand wind pressures and load
43

• distribution as specified in the North Carolina Building
Code, as amended.
C. Inspection Required
Each sign or outdoor advertising structure subject to the
regulations of A of this Section may be subject to an annual
inspection by the Building Inspector for the purpose of
assuring that the structure is maintained in a safe condition.
The fee for the annual inspection shall be in accordance
with a regularly adopted fee schedule of the Town of Manteo.
When a sign or outdoor advertising structure becomes '
structurally unsafe, the Building Inspector shall give
written notice to the owner of the sign or outdoor
advertising structure that the sign or outdoor:advertising
structure be made safe or removed within ten (10) days of
receipt of such notice.
D. Illuminated Signs
All signs or outdoor advertising structures in which
electrical wiring and connections are to be used shall
require a permit and shall comply with the Electrical Code
of the State of North Carolina and be approved by the
Building Inspector. All lighting must be oriented or
shielded so that light and glare reflects away from streets
and adjacent property.
E. Prohibited Signs
1. No sign or outdoor advertising structure shall be
erected or maintained which is a copy or imitation of
an official highway sign and carrying the words "STOP"
or "DANGER". No sign shall be erected or maintained
which involves flashing or intermittent red, green, or
amber illumination and is in direct line of vision
with any traffic control signal;or resembles a traffic
control signal or sign.
2. Any sign or outdoor advertising structure that obstructs
corner visibility or visibility at a driveway between
a height of two (2) feet and ten (10) feet.
3. Any sign to be posted on any telegraph, telephone, or
electric light poles or on any tree along any street;
provided, that this shall not apply to any street
name sign.
44

4. Any sign or outdoor •advertising structure that obstructs
ingress and egress to any window, door, fire escape,,
stairway, ladder or opening intended to provide light,
air, ingress or egress for any room or building as
required by law.
5. Any sign or outdoor advertising structure that violates
any provision of any law of the State of North Carolina
relative to outdoor advertising.
6. No sign, business sign, or outdoor advertising structure
shall be erected which contains, employs or utilizes
lights or lighting which rotates, flashes, moves or
alternates.
7. No sign shall be located within a public right-of-way
or within 30 feet of the center line of any public
thoroughfare except as provided in paragraph G. 5.
8. No advertising sign or business sign shall be located
within 100 feet of any' historical site or monument.
9. No sign shall be placed on the roof of any structure.
. F. Signs Permitted in Residential Districts
1. Signs permitted in R-1, R-2 and R-5 districts;
(a) An indirectly lighted name plate or professional
sign not over one (1) square foot in area and
attached flat against the building shall be permitted
in association with an incidental home occupation.
(b) Temporary real estate signs, not exceeding ;two (2)
square feet in area, directing the way to premises
which are for sale, rent, or lease; provided such signs
shall be neatly painted or printed and shall property
has been sold, rented or leased.
(c) Directional signs not over four square feet in area
indicating the location of churches, schools, hospitals,
parks, scenic or historic places, or other places of
of general interest. Any such sign and mounting shall not
exceed three (3) feet in total height.
(d) One name sign or 'bulletin board not exceeding
twelve (12) square feet for any permitted church, school,
or other semi-public institution, which sign or board
• may be indirectly lighted and shall be set back at
least fifteen (15) feet from the property line.
45

(e) One temporary real estate sign or two for a corner
lot not exceeding six (6) square feet in area, advertising
the sale, rent or lease of the premises on which located;
provided, such sign shall not be less than fifteen (15)
feet from any street or lot line, shall not be illuminated,
shall be•neatly painted and maintained,.and shall be
removed within fourteen (14) days after the property
has been sold, leased or rented.
(f) Temporary non -illuminated signs not exceeding six
(6) square feet in area advertising the general
contractor, contractor, sub -contractor, archtect,
landscape architect or other such professional persons
or organizations engaged in or associated with the lawful
construction, alteration, remodeling, or demolition
of any building or use; provided, that such signs shall
be limited to one to each organization involved and
shall be set back from the property line at least
fifteen (15) feet or the distance of the minimum front
yard whichever is the -less restrictive and provided
further, that all such signs shall be removed before
fourteen (14) days after the completion of the general
contract.
• (g) One sign not to exceed two (2) square feet in area
announcing the owner, occupant, location or name of a
dwelling unit.
ri
U
(h) Non -illuminated signs not more than thirty-two
(32) square feet and not more than six (6) feet high
announcing the name of a subdivision or group housing
project located on the premises at major entrances
provided, that such signs are neatly constructed and
maintained; limited to announcing only the name of the
subdivision or group housing project and do not obstruct
corner visibility.
(i) Directional signs in parking lots if required by
Section 6.01.
G. Signs permitted in B-1 and B-2 Districts
For each lot, tract or parcel in Business Use, three (3)
square feet of business sign area for each lineal foot
of frontage on a public right-of-way may be allowed not
to exceed a total of six hundred (600) square feet. Such
sign area may be in a single sign or in a combination of
signs subject to the following limitations:
46

• 1. Wall signs placed against the exterior walls of buildings
shall not extend more than six (6) inches beyond the
building wall surface and shall not exceed ten (10)
percent of the exposed finished wall surface area including
openings.
2. Only one free standing sign per lot may be located
either temporarily or permanently on the ground but
shall not exceed thirty-five (35) square feet in
area and shall not exceed twenty (20) feet in height
above street grade except that for a lot which has
frontage on more than one public right-of-way there
may be two (2) such signs neither of which may exceed
thirty-five (35) square feet in area.
3. Roof signs or roof lighting shall not be permitted.
4. Window signs shall be placed only inside a commercial
building and shall not exceed twenty-five (25) percent
of the glass area of the pane upon which the sign is
displayed.
5. Projecting signs may project from the building over
• the -street right-of-way, alley or other public space
provided the sign does not extend beyond a vertical
plane twenty-four (24) inches inside the curb line;
and the bottom clearance of such sign shall be at least
.eight (8) feet above the finished grade of the sidewalk
along the street and at least sixteen (16) feet above
grade at alleys and corners.
•
H. Removal of Existing Signs
All signs existing at the date this ordinance is passed
must be removed or modified to comply with the ordinance
by April 4, 1984.
SECTION 6.05 - OUTDOOR LIGHTING
Outdoor lighting for yards, signs, advertising structures,
parking lots and other areas must be oriented or shielded so
that the light and glare reflects away from streets and adjacent
property.
47

LJ
SECTION 6.06 - TEMPORARY USES
The Board of Commissioners may approve as conditional uses
under the application provisions of. Section 9.05 the following
temporary uses notwithstanding other restrictions of this Ordinance but
including such additional conditions and safeguards as may be required
by the Commissioners as a provision of such approval.
1. Temporary Real Estate Sales Offices may be permitted in
any residential district for on -site sales of land or
residence. located only within the subdivisions within which
such office is located. Any such temporary use must be
terminated no more than thirty (30) days from the date that
eighty (80) percent of the lots or residences within that
subdivision are sold.
2. Temporary construction offices may be permitted in any
district to provide on -site quarters for the management and
security of construction projects consisting of 20,000
square feet or more within the project. Any such temporary
use must be terminated no more than fourteen (14) days
from the date that construction is completed.
SECTION 6.07 - FLOOD DAMAGE PREVENTION
A. Findings of Fact
1. The flood hazard areas of the Town of Manteo are subject
to periodic inundation which results in loss of life,
property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public
expenditures for flood protection and'relief, and
impairment of the tax base, all of which adversely
affect the public health, safety and general'welfare.
2. These flood losses are caused by the cumulative effect
of obstructions in flood plains causing increases in
flood heights and velocities, and by the occupancy
in flood hazard areas by uses vulnerable to floods
or hazardous to other lands which are inadequately
elevated, flood -proofed, or otherwise protected from
flood damages.
48

• B. Statement of Purpose
It is the purpose of this Section to promote the public
health,. safety and general welfare and to minimize public
and private losses due to flood conditions in specific
areas by provisionsdesigned to:
1. 1%etrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion or in
flood heights or velocitiesi
2. Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against
flood damage at the time of initial construction;
3. Control the alteration of natural flood plains, stream
channels, and natural protective barriers which are
involved in the accomodation of flood waters;
4. Control filling, grading, dredging and other development
which may increase erosion of flood damage; and,
5. Prevent or regulate the construction of flood barriers
which will unnaturally divert flood waters or which.-
may increase flood hazards to other lands.
C. Objectives
The objectives of this Section are:
1. To protect human life and health;
2. To minimize expenditure of public money for costly
flood control projects;
3. To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and sewer
lines, streets and bridges located in flood plains;
6. To help maintain a stable tax base by providing for the
sound use and development of flood prone areas in such
a manner as to minimize future flood blight areas; and,
49

• 7. To insure that potential home buyers are notified that
property is in a flood area.
D. General Provisions
1. Land to Which This ordinance Applies: This ordinance
shall apply to all areas of special flood hazard within
the jurisdiction of the Town of Manteo.
2. Basis for Establishing the Areas of Special Flood Hazard:
The areas of special flood hazard identified by the
Federal Insurance Administration in its Flood Hazard
Boundary Map, H-01, dated January 5, 1973, and any revision
thereto are adopted to reference and declared to be a
part of this Section or other areas defined by a
governmental agency.
3. Establishment of Development Permit: A development
permit shall be required in conformance with the provisions
of this ordinance.
4. Compliance: No structure of land shall hereafter be
located, extended, converted, or structurally altered
without full compliance with the terms of this ordinance
and other applicable regulations.'
S. Abrogation and Greater Restrictions: This ordinance
is not intended td repeal, abrogate or impair any existing
easements, covenants, or deed restrictions. However,
where this ordinance and another conflict or overlap,
whichever imposes the more stringent restrictions shall
prevail.
6. Interpretation: In the interpretation and application of
'this ordinance all provisions shall be: considered
as minimum requirements; liberally construed in favor
of the governing body; and, deemed neither to limit nor
repeal any other powers granted under state statutes.
7. warning and Disclaimer of Liabilitv: The degree of flood
protection required by this ordinance is considered
reasonable for regulatory purposes' and is based on
scientific and engineering consideration. Larger floods
can and will occur on rare occasions. Flood heights
may be increased by man-made or natural causes. This
ordinance does not imply that land outside the areas of
special flood hazard or uses permitted within such areas
will be free from flooding or flood damages. This
• ordinance shall not create liability on the part of
50

• the Town of Manteo or by any officer or employee thereof
for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made
thereunder.
E. Administration
This ordinance shall be administered in accordance with the
rules of the Zoning Ordinance of the Town of Manteo.
F. Provisions for Flood Hazard Reduction
1. General Standards: In all areas of special flood hazard
the following provisions are required:
(a) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or
lateral movement of the structure.
(b) All new construction and substantial improvements
shall be constructed with materials and utility equipment
resistant to flood damage.
• (c) All new construction or substantial improvements
shall be constructed by methods and practices that
flood damage.
(d) All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of flood
waters into the system;
(e) New and replacement sanitary sewage systems whall be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems
into flood waters.
(f) On -site waste disposal systems shall be located
to avoid impairment to them or contamination from them
during flooding.
(g) Any alteration, repair, reconstruction, or improvement
to a structure on which the start of construction was
begun after the effective date of this ordinance, shall
meet the requirements of "new construction" as contained
in this ordinance.
Further details on all types of flood proofing techniques
in flood hazard areas may be referenced in the Federal
• Flood Coastal Construction Manual.
51

• 2. Specific Standards: 2n all areas of special flood hazard
where base flood elevation data has been provided as
set forth in this Section, the following provisions
are required:
(a) Residential Construction: New construction or
substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated
to or above base flood elevation.
(b) Non -Residential Construction: New construction
or substantial improvement of any commercial, industrial
or other non-residential structure shall either have
the lowest floor, including basement, elevated to the
level of the base flood elevation, or together with
attendant utility and sanitary facilities, be flood -proofed
so that below the base flood level the structure is ,
water tight with walls substantially impermeable to the
passage of water and with structural components having'
the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. A registered professional
engineer or architect shall certify that the standards
of this Section are satisfied. Such certification shall
• be provided to the Planning and Zoning Board.
(c) Mobile Homes-
(1) No mobile home shall be placed in a floodway
or Coastal High Hazard Area, except in an existing
mobile home park -or existing mobile home subdivision.
(2) All mobile homes shall be anchored to resist
flotation, collapse, or lateral movement by .
providing over -the -top and frame ties to ground
anchors. Specific requirements shall be that:
a. Over -the -top ties be provided at each
end of the mobile home, with one additional
tie per side at an intermediate location on
mobile homes of less than fifty feet and one
additional tie per side for mobile homes of
fifty feet or more.
b. Frame ties be provided at each corner of
the home with four additional ties per side
at intermediate points for.mobile homes less
than fifty feet long and one additional tie
for mobile homes of fifty feet or longer.
52

• c. All components of the anchoring system be
capable of carrying a force of 4,800 pounds; and,
11
d. Any additions to the mobile home be similarly
anchored.
(3) For new mobile home parks and subdivisions;
for expansions to existing mobile home parks and
subdivisionst for existing mobile home parks and
subdivisions where the repair, reconstruction or
improvement of streets, utilities and pads equals
or exceeds fifty percent of value of the streets,
utilities and pads before the repair, reconstruction
or improvement has commenced; and, for mobile homes
not placed in a mobile home park or subdivision
require:
a. Stands or lots are elevated on compacted
fill or on pilings so that the lowest floor
of the mobile home will be at or above the base
flood level;
b. Adequate surface drainage and access for
the hauler are provided; and,
c. In the instance of elevation on pilings:
lots are large enough to permit steps; piling
foundations are placed in stable soil no more
than ten feet apart; and, reinforcement is
provided for pilings more than six feet above
the ground level.
SECTION 6.08 LOCATION OF UTILITIES
A. Agreement with Company
Electric power, telephone, cable television and natural gas
linesare to be installed by agreement between the property
owner and the appropriate utility company, and such installation
must conform to the standards provided by the respective
utility company. The execution of such agreement by the
property owner and the utility company, even though such
lines are not physically installed at the time of submission
.of plans to the Planning and Zoning Board for review, may
be deemed necessary by the Planning and Zoning Board for
the purpose of final approval.
53

B. Location of Electric. Telephone and Television Lines
The installation of electric power, cable television and
telephone lines beneath the surface of the ground is mandatory.
SECTION 6.09 - SUBDIVISION OF LAND
A. Authority
The authority as to regulation of land subdivision generally
is granted by the N.C.G.S. Chapter 160A-371-376.
B. Purpose
The purpose of this Section is to establish procedures and
standards for the development and subdivision of real
estate within the town in an effort to, among other things,
insure proper legal description, identification, monumentation
and recordation of real estate boundaries; further the
orderly layout and appropriate use of land; provide safe,
• convenient and economic circulation of vehicular traffib;
provide suitable building sites which drain properly and
are readily accessible to emergency vehicles; assure the
proper installation of roads and utilities; promote the
eventual elimination of unsafe or unsanitary conditions
arising from undue.concentration of population; and help ,
conserve and protect the physical and economic resources
of the Town of Manteo.
C. Platting and Approval Procedures
1. 'Generally:
(a)
(1) Prior to preliminary plat application, the
subdivider may submit to the Planning and Zoning
Board or such other persons as may be designated
by the Board 6 copies, at least seven days prior
to a regularly scheduled meeting, bf a sketch plan
of the proposed subdivision. Included with the
sketch plan shall be a sketch vicinity map, showing
the subdivision in relation to the surrounding
area. At the meeting at which the proposed development
• is to be reviewed, the subdivider should discuss
54

the proposed subdivision and become familiar with
the regulations affecting the land to be subdivided.
(2) The subdivider shall submit to the Planning
and Zoning Board, or such other office as may from
time to time be designated as the office of the
Planning and Zoning Board for deposit and filing
of maps and other documents, at least fifteen days
prior to the regularly scheduled meeting.
(b) Submission of and Action on Final Plat: Where a
permit is required for the construction of any building
or other improvement, such permit shall not be issued
unless and until the requirements of this Section shall
have been complied with and the final plat shall have
been approved by the Planning and Zoning Board. The
procedure for obtaining final plat approval is as follows:
(1) The subdivider shall submit to the Planning
and Zoning Board, within 90 days of the date of
the preliminary plat approval and at least seven
days prior to a regularly scheduled meeting of the
Planning and Zoning Board, at least 6 black or
blueline prints.
(2) The final plat shall be properly signed and
executed as required for recording by the County
Register of Deeds.
(3) Should the Planning and Zoning Board disapprove
the final plat, the reasons for such action shall
be noted in the Board's minutes, and reference
shall be made to the specific section of this
chapter with which the plat does not comply, and
the subdivider shall be so notified.
(c) Recording of Final Plat: Within 90 days after the
final plat is approved by the Board of Commissioners,
it shall have been recorded by the subdivider with the
Register of Deeds of the county. Should the 90 days
time limit expire before the plat is recorded, it must
be resubmitted to the Planning and Zoning Board for
reprocessing The Register Of Deeds shall not file or
record a plat of.a subdivision located within the
subdivision jurisdiction of the town until such plat has
been approved by the Planning and Zoning Board. Without
the approval of the Board, the filing or recording of
• a subdivision plat shall be null and void. No officer
55

of the county shall order or direct the recording of a
plat where'such recording would be in conflict with
this Section.
2. Form and Contents of Plats:
(a) Sketch Plan: A simple sketch plan shall be drawn
and shall show the tentative street layout, approximate
right-of-way widths, lot arrangements, drainage and
utility easements, sites for schools, parks, churches and
other nonresidential uses, existing structures, watercourses,
wooded areas, number of acres devoted to each use,
total acres, average lot sizes, approximate number of
lots and existing zoning both on the land to be subdivided
and the land immediately adjacent to the proposed
development.
(b) Preliminary Plat: The preliminary plat shall be
drawn on a sheet eighteen inches by twenty-four inches
or such other size as may be required for registration
by the County Register of Deeds. The preliminary plat
shall be prepared by an engineer or registered surveyor
and land planner and shall show the following information:
• (1) The location of existing and platted property
lines, streets, buildings, watercourses, railroads,
transmission lines, sewers, bridges, culverts
and rainpipes, water mains, town limit lines and
any other utility easements.
•
(2) Boundaries of tract, shown with bearings and
distances.
(3) Wooded areas, marshes and any other features
which should be considered in development of the
site.
(4) names of owners of adjoining property or
subdivisions.
(5) Zoning classification, if any, both on the
land subdivided and on adjoining lands.
(6) Proposed streets, street names, rights -of -way
and pavement widths.
(7) The location of proposed utilities (sewer,
water, gas, electricity, telephone and fire hydrants),
showing connection to existing systems.
56

(8) Other proposed rights -of -way easements, locations,
widths and purposes.
(9) Proposed lot lines, lot and block numbers
and approximate dimensions.
(10) Proposed parks, school sites or other public
open spaces, if any.
(11) Title, date, magnetic north point and graphic
scale.
(12) Name of owner, engineer or registered surveyor
and land planner.
(13) Site data, including the following:
a. Acreage in total tract.
b. Acreage in park or other land usage. .
c. -Total number of lots.
•1 d. Lineal feet in streets.
•
(14) Compliance with area of environmental concern
standards, as set forth in Section 3.15 of this
ordinance.
(c) Final Plat: Generally, the final plat shall
constitute only that portion of the approved preliminary
plat which the subdivider proposes to record and develop
at the timer provided, that such portion conforms to
all requirements of this Section. The final plat shall
be prepared by an engineer or registered surveyor and
land planner and shall show the following information:
(1) The right-of-way lines of all roads.
(2) Lot lines and lot numbers. ,
(3) Reservations, easements,.alleys and any areas
to be dedicated to public use or sites for other
than residential use, With notes stating their
purpose and any limitations.
(4) Utility layouts.
57

• (5) Sufficient data to determine readily and
reproduce on the ground the location, bearing and
length of every road line, lot line, boundary ,
line, block line and building line, whether curved
or straight, and including magnetic north point.
(6) All dimensions to the nearest 1:5,000 of a
foot and angles to the nearest thirty seconds
times the square root of the number of angles
turned.
(7) Accurate location and description of all
monuments and markers. Where the map is the
result of a survey, one or more corners shall,
by a system of azimuths or courses and distances,
be accurately tied to a monument of some United
States or state agency survey system, such as the
United States Coast and Geodetic Survey Systems,
where such monument is within two thousand feet
of such corner. Where the North Carolina Grid
System coordinates of such monument have been
published by the State Department of Natural and
Economic Resources, the coordinates of the referenced
• corner shall be computed and shown in X and Y
ordinates on the map. Where such a monument is
not available, the tie shall be made to some
pertinent and permanent recognizable landmark or
identifiable point.
(8) The names and locations of adjoining roads,
and the location and ownership of adjoining property..
(9) Name of subdivider, engineer or registered
surveyor and land planner.
(10) Compliance with area of environmental concern
standards, as set forth in Section 3.15 of this
ordinance.
(d) Installation of Improvements: Before the Planning
and Zoning Board shall approve the final plat for
recording and before any permits will be issued by the
Town, the subdivider shall have complied with the
following requirements:
(1) Road Improvements: Road rights -of way shall
be graded, properly drained and prepared with a
proper minimum base of eight inches of clay or
• other approved material, properly disked and
58

• compacted to six inches and topped with one and
one-half inches of compacted asphalt or such other
r�
L
material as may be approved.
(2) Utilities:. All water and sewerage systems
shall be installed by the subdivider in accordance
with plans of the Town of Manteo Water and Sewer
Department.
D. General Requirements and Minimum Design Standards
1. General Requirements: The following general requirements
shall apply to all subdivisions approved pursuant to
this Section.
(a) Conformity of proposed Roads to Existing Maps or
Plans: The location and width of all proposed roads
shall be in conformity with official plans or maps of
the town and with existing or amended plans of the
Planning and Zoning Board.
(b) Continuation of Existing Roads: The proposed
road layout shall be coordinated with the existing
road system of the surrounding area and, where possible,
existing principal roads shall be extended.
(c) Access to Adjacent Properties: Where, in opinion
of the Planning and Zoning Board, it is desirable to
provide access to an adjoining property, proposed roads
shall be extended by dedication to the boundary of
such property, and a temporary turnaround shall be
provided.
(d) Lots: All lots shall front upon a public road.
Double frontage lots should be avoided.
(e) Road Names: Proposed roads which are obviously
in alignment with existing roads should be given the
same name. In assigning new names, the Planning and
Zoning Board shall recommend names to the Board
of Commissioners for approval.
(f) Solid Waste Collection: The Planning and Zoning
Board may require for each 12 lots an easily accessible
site not exceeding four hundred square feet to be reserved
for the location of solid waste containers for unrestrained
use for public or private waste collection.
59

•
r�
2. Design Standards: The following design standards shall
be considered minimum requirements:
(a) Roads: The design standards for roads within the
town are as follows:
(1) Right -of -Way Widths: Right-of-way widths
shall be as shown on the major road plan and shall
not be less than 36 feet. The Planning and
Zoning Hoard may require wider right-of-way widths
depending upon location.
(2) Paving Widths: Curbs and gutters must be
provided and the paving widths back-to-back of
curbs shall not be less than 22 feet. The Planning
and Zoning Board may require wider paving widths
depending upon location.
(b) Utlities: Utilities shall be placed underground
in conformance with Section 6.08 of this ordinance.
WI

ARTICLE VII. SCHEDULE OF DISTRICT REGULATIONS
Regulations limiting the use of buildings and land and the bulk
and arrangement of buildings within the various districts established
by this ordinance are hereby adopted for the Town of Manteo, North
Carolina. These District Regulations may be amend -ad as provided
in Article XIII of this ordinance.
SECTION 7.01 - R-1 LOW DENSITY RESIDENTIAL DISTRICT
A. Intent
The R-1 District is intended to encourage the development
of permanent low -density residential neighborhoods. These
districts are located primarily in areas which are protected
from more intensive uses of land. Maximum density 'shall
not exceed 3.5 dwelling units per acre in Planned Unit
Development.
B. Permitted Uses
• The following uses are permitted by right:
1. Detached single-family dwellings (not including modular
units or mobile homes).
2. Customary accessory buildings including private swimming
pools and tennis courts.
C. Conditional Uses Permitted
The following are uses permitted subject to the requirements
of this district and additional regulations and requirements
imposed by the Board of Commissioners as provided in Article IX:
1. Churches and cemeteries.
2. Fire stations, schools and other public buildings.
3. Home occupations as defined in Section 4.02 of this
ordinance.
4. Private clubs, including boat launching areas, golf
courses, tennis courts, community centers, libraries,
picnic areas, and concessions integral thereto provided
• that there is no open commercial activity and no sign
61

•
other than a directional sign is allowed.
5. Public utlity facilities (must provide an opaque screen
buffer where the facility abuts a residential lot or
use as per requirements set forth in Section 4.02) .
6. Planned Unit Development under the provisions of
Article Vill. ,
7. Group Development, Projects.
D. Dimensional Requirements for R-1 Low density Residential
Districts
1. Minimum lot size: 15,000 square feet.
2. Minimum lot width: 75 feet (measured at the building
setback line).
3. Minimum front yard: 25 feet.
4. Minimum side yard: 10 feet. An additional 10 foot
side yard adjacent to the street is required for a
corner lot.
5. Minimum rear yard: 25 feet.
6. Maximum allowable lot coverage by principal use and all
accessory structures: 30%.
7. Height limitation: 35 feet to bottom of ceiling joist
of top habitable space.'
SECTION 7.02 - R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
A. Intent
The R-2 District is intended to encourage the development
of moderate density residential neighborhoods with a mix
of housing types. The maximum density shall not exceed
6 dwelling units per acre in Planned Unit Development.
B.' Permitted Uses
The following uses shall be permitted by right:
62

1. Detached single-family dwellings.
2. Duplexes.
3. Customary accessory buildings including private swimming
Poole.
4. Mobile home provided:
(a) It is placed on a foundation and anchored according
to the N.C. Building Code,for mobile homes in a hurricane
area-
(b) The requirements oflthe Building Inspector regarding
skirting material and skirting area are complied with.
C. Conditional Uses Permitted
The following uses are permitted subject to the requirements
of this district, additional regulations and requirements
imposed by the Board of Commissioners as provided in
Article IX:
• 1. Churches and cemeteries!
2. Fire stations, schools and other public buildings.
3. Home occupations as defined in Section 4.02 of this
ordinance.
4. Private clubs including boat launching areas, golf
courses,' tennis courts, community centers, libraries,
picnic areas, and concessions integral thereto provided
that there is no open commercial activity and no sign
other than a directional sign is allowed.
5. Public utility facilities (mast provide an opaque
screen buffer where the facility abuts a residential
lot or use as.per requirements set forth in Section 4.02).
6. Mobile home parks under the provisions of Section 6.03.
7. Planned Unit Development under the provisions of Article
Vill.
8. Townhouse developments under the provisions of Section
3.13 with a density of not more than six (6) dwelling
• units per acre.
63

L
•
9. Group Development Projects.
D. Dimensional Requirements for R-2 Medium Density Residential
District
1. Minimum lot size for a single-family detached residence is
10,000 square feet, for a duplex is .15,000 square'feet.
2. Minimum lot width: 70 feet, measured at the building
setback line.
3. Minimum front yard: 25.feet.
4. Minimum side yard: 10 feet. An additional 5 foot
side yard adjacent to the street is required for a corner
lot.
5. Minimum rear yard: 20%. of lot depth but need not exceed
25 feet.
6. Maximum Allowable lot coverage by principal use and all
accesory structures: 30%.
7. Height limitation: 35 feet to bottom of ceiling joist
of top habitable space.
SECTION 7.03 - R-5 GENERAL RESIDENTIAL DISTRICT
A. Intent
The R-5 district is established to provide for permanent
residential neighborhoods in areas where the level of municipal
facilities is very high. At a minimum these facilities
shall include public water and sewerage systems and curbed
and guttered streets with sidewalks. The maximum density
shall not exceed 8 dwelling units per acre in Planned Unit
Development.
B. Permitted Uses
The following uses shall be permitted by right:
1. Detached single-family dwellings (not including modular
units, mobile homes or trailers).
2. Customary accessory buildings including private swimming
pools.
64

• C. Conditional Uses
The following uses are permitted subject.to the requirements
of this district and additional conditions and requirements
imposed by the Board of Commissioners as provided in
Article IX of this ordinance:
1. Duplexes.
2. Multi -family dwellings.
3. Townhouses, under the provisions of Section 3.13.
4. Churches and cemeteries.
5. Fire stations, schools, and other public buildings.
6. Home occupations as defined in Section 4.02 of this
ordinance.
7. Public utility facilities (must provide an opaque
screen buffer where the facility abuts a residential
lot or use as per requirements set forth in Section
• 4.02).
•
8. On waterfront lots; fishing, boating, boat building
or repair and crab -shedding.
9. Group Development Projects.
10. Planned Unit Development under the provisions of Article
VIII.
D. Dimensional Requirements for R-5 General Residential District
1. Minimum lot size: 7,500 square feet. For duplexes or
multi -family dwelling units or townhouses, the lot must
contain at least 5,000 square feet per dwelling unit.
2. Minimum lot width: 50 feet, measured at the building
setback line.
3. Minimum side yard: 8 feet, except that a side yard
adjacent to a street on a corner lot must be at least
15 feet.
4. Minimum front yard: 30 feet.
65

of
•
5. Minimum rear yard: 20 % of lot depth except that no
rear yard shall be required to exceed 20 feet in depth.
6. Maximum allowable lot coverage by principal use and all
accessory structures: 30%.
7. Height limitation: 35 feet to bottom of ceiling joist
of top habitable space.
SECTION 7.04 - VILLAGE BUSINESS DISTRICT
A. Intent
The B-1 district is established to provide for a centrally
located commercial and service area and governmental center
for the town and region. These regulations are designed
to encourage the continued use of land for commercial and
governmental purposes, to insure continued local use and
historic tourism, to maintain the village character and to
permit a concentrated mixed -use development of the village
Business Dstrict. Maximum density shall not exceed 40
dwelling units per acre in Planned Unit Development.
B. Uses
The following uses shall be allowed subject to the requirements
of this district and additional regulations and requirements
imposed by the Board of Coimnissioners through conditional
use procedures as provided in Article IX.
1. Offices including:
business governmental
financial medical and professional
2. Primary retail stores, including:
books and printing
cameras
candy
clothing
craft goods
drugs
dry goods
flowers
food stores
gifts
hardware
hobby goods
jewelry
leather goods
magazines
musical instruments
notions
souvenirs
sporting goods
toys
ff-1

• 3. Secondary retail stores, including:
antiques
household appliance and furniture
4. Service establishments, including:
barber and beauty shops
marinas (excluding on -land display and sales but including
boat building)
cafeterias
churches
dry cleaning and laundry pick-up stations (including
laundromats)
retail seafood market
parking lots
restaurants and take-out food
hotels
shoe repair
theatres
rentals for water -oriented recreation
5. Single-family dwellings only (not to include mobile
• homes or trailers) according to the dimensional requirements
of the R-5 General Residential District, as per Section 7.03.
6. Townhouses, apartment units and condominiums or a combination
of any of these and retail stores, as long as the first
floor is a commercial use.
7. Public utility facilities (must provide an opaque screen
buffer where the facility abuts a residential lot of
use as per requirements set forth in Section 4.02).
S. Group Development Projects
9. Outdoor markets
10. Cottage industry
11. Planned Unit Development under the provisions of Article
Vill.
D. Requirements in the Village Business District
1. Minimum lot size: Lots created after the date of passage
of this ordinance shall be of sufficient size to provide
adequate siting for structures and to provide loading
• and maneuvering space for vehicles. Off-street parking
67

• may be a condition of the permit.
2. Front yard and sidewalk requirement: A six foot sidewalk
is required adjacent to the street for all uses. In
the case of non -single family residential uses there
shall be no minimum front yard.
3. Minimum side yard: The minimum side yard for non -
single family residential uses shall be five feet except
if buildings are constructed with a common wall, according
to common wall standards.
4. Height limitation: Thirty-five (35) feet to the bottom
of the ceiling joist of the top habitable space. Where
ground -level parking is a condition of the permit, the
height limitation is increased by eight feet.
SECTION 7.05 - B-2 GENERAL BUSINESS DISTRICT
A. Intent
The B-2 district is established to provide for the development
of business facilities to furnish a broad range of services
and commodities for the permanent community and visitors.
Maximum density shall not exceed 20 dwelling units per acre
in Planned Unit Development.
B. Permitted Uses
1.. Automobile sales and service
2. Outdoor recreation activities
3. Indoor recreation activities
4. Building supply and equipment sales
5. Plumbing supply and equipment sales
6. Cabinet and woodworking shops
7. Motels.and hotels
S. Building cont-actors' offices and storage areas
9. Offices; including business, financial, governmental,
• professional and medical.
m

10. Single-family dwellings according to the requirements
of the R-5 General Residential district
11. Boat display and sales
12. Ice manufacture and sales
13. Duplexes according to the dimensional requirements of
the R-2 Medium Density Residential District
14. Funeral homes
15. Radio and television broadcast studios
16. Bus terminals
17. Marinas with on -land sales
18. Primary retail'stores, including:
books and printing hardware
cameras hobby goods
• candy jewelry
clothing leather goods
craft goods magazines
drugs musical instruments
dry goods notions
flowers souvenirs
food stores sporting goods
gifts toys
•
19. Secondary retail stores, including:
antiques
household appliance and furniture
20. Service establishments, including:
barber and beauty shops
cafeterias
churches "
dry cleaning, laundry pick-up station and laundromats
retail seafood market
parking lots
restaurants and take-out food
shoe repair
theatres
m

• C. Conditional Uses
The following uses shall be permitted subject to the requirements
of this district and additional regulations and requirements
imposed by the Board of Commissioners as provided in Article
IX.
1. Automobile service station, provided that no principal
or accessory building shall be located within fifty (50)
feet of a residential use or district that there shall
be no storage of wrecked or abandoned cars, and that
no portion of a service station building, equipment or
gas pumps shall be nearer than twenty-five feet to any
right-of-way.
2. Public utilitiy facilities (must provide an opaque
screen buffer where the facility abuts a residential lot
or use as per requirements set forth in Section 4.02). i
3. Townhouses and condominiums as per Section 3.13.
4. Group Development Projects.
5. Planned Unit Development under the provision of Article
• Vi
D. Dimensional Requirements for B-2 -General'. Business District
1. Minimum lot size: Commercial lots shall be of sufficient
size to provide adequate siting for structures, and to
provide off-street parking, loading and maneuvering
space for vehicles as required by Section 6.01 of this
ordinance. In addition an opaque screen buffer must be
provided where a commercial use or zone abuts a residential
use or zone, as per Section 4.02.
2. Minimum front yard: 15 feet.
3. Minimum side yard: 10 feet. No side yard required if
commercial building constructed with a common wall. An
additional 5 foot yard adjacent to the street is required
for a corner lot.
4. Minimum rear yard: 20 feet.
5. Maximum allowable lot coverage by principal use, all
accessory structures, parking and roadways, 75%.
6. Height limitation: 35 feet to the bottom of the ceiling
• joist of the top habitable space.
70.

ARTICLE VIII. PLANNED UNIT DEVELOPMENT AS A
CONDITIONAL USE
The special regulations which are established in this article
are intended to provide a means of regulating development which can
achieve flexibility of design, the integration of mutually compatible
uses, and optimum land planning with greater efficiency, convenience,
and amenity than the procedures and regulations under which it is
permitted as of right under conventional zoning requirements.
SECTION 8.01 - PLANNED UNIT DEVELOPMENT (PUD) CONCEPT
A. Definition
For the purpose of these regulations, a planned unit development
is defined as the complete development of land which is under
central control, or for which central control mechanisms
have been established. The plan will be in accordance with
the guides and objectives established by the Planning and
Zoning Board and the Board of Commissioners.
• B. Intent
Within all districts created by this ordinance it is intended to
permit, on application and•on approval of detailed site, use,
building and development plans, establishment of planned
development in areas which are suitable with respect to
location, size and physical character for development as
units. Suitability of tracts for the planned development
proposed shall be determined primarily by. reference to the
goals and objectives of the Land Development Plan, by the
physical characteristics of the site, and by.the nature of
the surrounding development. Within Planned Unit Developments,
regulations adapted to unified planning and development
are intended to accomplish the purposes of zoning and other
applicable regulations to the same degree as in districts
in which regulations are intended to control development
on a lot -by -lot rather than unified basis. It is the intent
of these regulations to promote economical and efficient
land use, a higher level, of amenities, appropriate and
harmonious variety in physical development, creative design and
an improved living and working environment.
In view of the substantial public advantages of planned
development, it is the intent of these regulations to
promote and encourage development in this form where
•
71

. appropriate in location and character.
C. Relation of PUD Regulations to General Zoning Subdivision
or Other Regulations
Where there are conflicts between the special PUD provisions
of this Article and general zoning, subdivision, compliance
standards for areas of environmental concern or other
regulations or requirements; these special regulations shall
apply in PUD's unless the Hoard of Commissioners shall
find, in the particular case:
1. That these provisions do.not serve public purposes to
a degree at least equivalent to general zoning,
subdivision ;or other regulations or requirements, or
2. That actions, designs or solutions proposed by the
applicant, do not satisfy public purposes to at least
an equivalent degree.
It is specifically provided, however, that wheredwelling
unit density, floor area and similar ratios have been
established by these regulations, the Hoard shall not act
in a particular case to alter these ratios.
Except as indicated above, the procedures and requirements
set forth in this Article and in guides and standards
adopted as partof these, regulations for a particular
Planned Unit Development shall apply in the approved PUD and
to issuance of any permits -required.
D. Where Permitted
Planned Unit Developments may be established as a conditional
use in specified zones where tracts suitable in location
and character for the uses and structures proposed are to
be planned and developed as units, according to the requirements
and procedures set forth'in this Article:. PUD's shall be
appropriately located with respect to intended functions,
to the pattern and timing of development existing or proposed
in the plans of the Town, and to public and private facilities,
existing or clearly to be available by the time development
reaches the stage where they will be needed.
E. Procedures on PUD Arproval
Applications for PUD approval shall be submitted as for
other conditional uses. Material submitted with the application
• or on request by the Planning and zoning Hoard or the Hoard
72

• of Commissioners shall include all plans, maps, studies,
and reports which may reasonably be required to make the
determinations called for in the particular case, with sufficient
copies for necessary referrals and records. In addition
to the necessary steps required as in conditional use
permits, the following steps are required and outlined below:
1. Pre -application conference (sketch plan proposal);
2. Consideration and recommendation by the Manteo Planning
and Zoning Board;
3. Optional public hearing and approval by Board of
Commissioners;
4. Final approval of detailed site development plan(s)
by the Planning and Zoning Board;
5. Issuance of permits by Town Building Inspector;
6. Changes in Approved Site Development Plans;
7. Expiration of Time Limits on PUD.
• F. Approval of Site Development Plans
No building permit shall be issued in a Planned Unit
Development unless and until the Planning and Zoning Board
and the Board of Commissioners have approved site development
plans and reports for the development as a whole or stages
or portions of it which are satisfactory to them in relation
to total development. No 'structure or use other than as
indicated in approved site development plans and reports
shall be permitted.
•
Approval of site development plans and reports shall be
based on:
1. Compliance with regulations applying at the time the
preliminary development plan was approved, including
applicable provisions of the Subdivision Regulations,
unless conflicting with these regulations, and related
capital improvement requirements of the Town regarding
.construction of physical improvements and bonding thereof
and any specific modifications which were made by the
Board of Commissioners in the approved action, or
2. At the option of the applicant, in accordance with
regulations applying currently.
73

Upon approval of site development plans and reports, building
permits shall be issued in the same manner as for building
permits generally, provided that any requirements concerning
the order or location in which building permits are to be
issued in the particular development shall be observed.
Except as provided below, final plans and reports approved
shall be binding on the applicant and any successors in
interest so long as planned development status applies to
the land.
SECTION 8.02 - DEVEIAPMENT PLAN REVIEW PROCEDURE
All development plans for PUD will proceed as provided by
ordinance for processing conditional use permits, with additional
steps as outlined below:
A. Pre-Acolication Conference (Sketch Plan Proposal)
1. On request by applicants, members of the Planning and
Zoning Board shall meet with applicants to review the
original application, including the developer's report,
if submitted, and the sketch plan of the proposed
• Planned Unit Development.
The purpose of such pre -hearing conference shall be
to assist in bringing the report, if submitted, and the
sketch plan as nearly as possible into conformity with
these or other land development regulations applying
in the case, and to define special variations from
-regulations otherwise applicable which seem justified
as serving the public purposes of those regulations
to an equivalent degree.
2. In the course of pre -application conferences, any
recommendations for change shall be recorded in writing,
and shall become part of the record in the case.
(a) All such recommendations shall be supported by
stated reasons for the proposal for change.
(b) Applicants may indicate in writing their agreements
-to such recommendations, or their disagreement.
(c) If there is disagreement, applicants shall indicate
in writing their reasons for disagreement.
• (d) Responses by applicants shall also be included
in the record.
74

• 3. Sketch plans may be drawn to minimize initial expense
and encourage sufficient design flexibility to accomodate
required changes, without undue hardship to the developer.
(a) All plans submitted shall be drawn to scale, and
(b) Shall show the locations of all lots, streets,
drives, off-street parking areas and other pertinent
features, together with building locations, common areas
and other amenities.
4. Developer may submit preliminary subdivision.plats
in lieu of sketch development plans.
B. Consideration and Recommendation by Manteo Planning and
Zoning Board
1. Following the pre -application conference, the Planning and
Zoning Board shall review the application for Planned
Unit Development, including sketch plan(s) or preliminary
subdivision plat(s) if submitted in lieu thereof,
together with written or sketched changes left.unresolved
after the pre -application conference. At this time, the
following additional information shall be provided by
the developer for review:
(a) A map or maps showing the proposed development in
relation to its surrounding area defining the relative
size and location of streets, utilities, public facilities
and commercial facilities expected to serve the area.
(b) A survey report covering soil condition, drainage,
topography, location and character of surface water,
flora and fauna and other such information as may be
required to determine if the site is suitable for Planned
Unit Development without hazards to occupants or
adjoining properties.
(c) An overall preliminary development plan which shall
show-
(1) proposed major vehicular and pedestrian
circulation systems;
(2) proposed land uses including residential
densities and non-residential uses;
(3) proposed plans and regulations for major
isreservations of land for parks, parkways, playgrounds,
school sites and other public uses or facilities;
75

• (4) relationship to existing land uses in
surrounding areas.
(d) Common Areas: An area designated on the site
development plan of a PUD as "common area" and on the
subdivision plan as an area to be held in separate
ownership for the use and benefit of residents occupying
specified lots shown on the subdivision plan may be
approved provided that it meets the following
requirements:
(1) It shall be conveniently accessible to all
residents of the development;,
(2) It shall be made available in its improved
state as set forth on the site development plan
in accordance with an approved time schedule;
(3) It shall be maintained in accordance with an
approved maintenance plan specifying what such
maintenance shall consist of, whose responsibility
it shall be, and assuring satisfactory execution
of maintenance;
• (4) Provisions to insure its continuing availability
shall be included in the deed to each parcel to
be served by the common area.
(e) Additional Information: Additional information
may be required by the Planning and Zoning Board or the
Board of Commissioners to determine the impact of the
proposed development on the Town.
•
2. The Planning and Zoning Board, or its representative,
may seek the advice of the County Health Department,
State Department of Transportation, U.S. Soil Conservation
Service or other agencies, or "expert witness" as
necessary, to accomplish a complete review of any -
development plans.
3. Whenever the Planning and Zoning Board determines that
the characteristic of a proposed development should be
modified to protect the occupants of such development,
or to protect the public interest, the .Board may recommend
reasonable modifications in building location, driveway
location or design, locating of recreation areas or
open spaces, lot sizes or any other elements of any
development plan.
76

4. The Planning and Zoning Board may recommend approval,
conditional approval or denial of PUD applications.
In its action, the Planning and Zoning Board shall reflect
its views upon issues left unresolved in the pre -
application conference.
5. The Planning and Zoning Board shall forward its recommendations
to the Town Board of Commissioners in accordance with
established procedures for conditional use permits.
C. Optional Public Hearing and Approval by the Manteo Board
of Commissioners
The review and approval of site development plans or changes
in approved plans not requiring ordinance amendment are
administrative and do not require public notice and hearing.
However; the Planning and Zoning 'Board or the Board of
Commissioners may hold any hearings which are considered
desirable.
1. A public hearing, as provided by ordinance for rezoning
hearings, may be advertised and held before the Board
• of Commissioners, for any Planned Unit Development
proposed to be established in any appropriate zoning
district.
2. The, Board of Commissioners may either approve the application
in accord with PUD and general regulations; may
conditionally approve the application; may return the
application to the Planning and Zoning Board for further
consideration of specific suggested changes; or may
deny the application.
3. Upon approval of the Board of Commissioners, the developer
is required to submit final detailed plans of the proposed
PUD to the Planning and Zoning Board, as,provided below.
D. Final_A=rova of Detailed Plan by Manteo Planning and
Zoning Board
1. Following approval of a proposed Planned Unit Development
development plan and the approval of all required zoning
actions, if any, by the Board of Commissioners, detailed
plan(e) for the PUD shall be submitted to the Planning
and Zoning Board by the developers provided, however,
that a preliminary subdivision plat may be submitted
in place of detailed plan proposals, if necessary
• information is submitted with the plat to show proposed
building locations, streets, utilities, public facilities,
77

• as well as the additional information irequired in
part B.1 of this Section.
2. Review of detailed plan proposal(s), or preliminary
subdivision plats if they are submitted instead, shall
follow procedures established in the Subdivision
Regulations for all developments, including those
proposing private common open spaces or private
amenities.
E. Issuance of Building Permits by the Planning and Zoning
Board
1. When a detailed development plan or preliminary
subdivision plat has been approved by the Planning
and Zoning Board and approved by the Board of Commissioners,
it shall be so certified to the Planning and Zoning
Board.
2. Building Permits shall be issued by the Planning and
Zoning Board only for improvements and developments
on a Planned Unit Development site which conform to the
approved development plan or subdivision plat.
• F. Changes in Approved Site Development Plans
After review by the Planning and Zoning Board, the Board of
Commissioners may permit changes on application by the
developer, but only on a finding that the changes are in
accord with all regulations in effect at the time the site
-development plan or plat was approved, and in accord with
the general interest and purpose of the plans of the Town
in effect at that time, provided that the applicant may
elect to proceed in accord with the regulations and plans
currnetly in effect. Changes other than as indicated above
shall be made only by new PUD application.
G. Expiration of Time Limit on PUD
if actions required in the PUD are not taken within time
limits set, the Planning and Zoning Board shall review
the circumstances and recommend to the Board of Commissioners
that:
1. PUD approval for the entire aiea be continued with
revised time•limitst or
2. PUD approval be continued for part of the area with
revised time limits and the remainder returned to
•
78

• conventional zoning control; or
3. PUD approval be removed from the entire project.
The recommendations of the Planning and Zoning Board
shall include proposals for appropriate action with respect
to any legal instruments, dedications, contributions or
guarantees in the case.
SECTION 8.03 - PLANNED UNIT DEVELOPMENT STANDARDS AND REQUIREMENTS
All planned unit development shall conform to the following
standards and requirements:
A. Minimum Size of Site
A Planned Unit Development site shall not be less than five
(5) acres in size.
B. Maximum Unit Density
In computing maximum unit density, fractional allocations
shall be rounded down to the next lower whole number of
• dwelling unitq per acre.
1. The maximum unit density permitted in a PUD created in
a R-1 (Low Density Residential) zone shall be 3.5
dwelling units per acre.
2. The maximum unit density permitted in any PUD created
in an R-2 (Medium Density Residential) zone shall be
six (6) dwelling units per acre.
3. The maximum unit density permitted in any PUD created in
a R-5 (General Residential) zone shall be 8 dwelling
units per acre.
4. The maximum unit density permitted in any PUD created in a
B-1 (Village Business District) zone shall be 40 dwelling
units per care.
5. The maximum unit density permitted in any PUD created .
in a B-2 (General Business District) zone shall be
20 dwelling units per acre.
C. Number of Buildings
• More than one (1) principal building may be permitted on
79

• a lot in a Planned Unit Development, provided each principal
building is designed and arranged to conform with a development
plan approved by the Planning Board and the Board'of
dommissioners.
D. Minimum Lot Area
•
Minimum lot area.per dwelling unit shall be twelve hundred
(1200) square feet.
E. Minimum Lot Width
Minmum lot width shall be eighteen (18) feet.
F. Minimum Buffer Required
Within a PUD, no structure, parking area or other use,
except open spaces for recreational or decorative purposes,
shall be erected or established within a distance of thirty-
five (35) feet from any Planned Unit Development project
exterior boundary line or perimeter line. However, no such
restriction shall apply to any interior development line
or "phaee'line", or to any exterior boundary line or
perimeter Line which abuts a non-residential zoning district
boundary line.
G. Off -Street Parking and Loading Facilities
All off-street parking and loading facilities established
as part of a Planned Unit Development shall conform to
the requirements and design standards established by Section
6.01 of this ordinance.
H. Preservation of Noteworthy Features
In all Planned Unit Developments the maximum reasonably
practicable effort shall be made to preserve sand dunes,
historic sites, "sacred structure" as set forth by the
latest guidelines for development, scenic points, large trees
and other natural growths, watercourses and other water areas,
and other features worthy of preservation, either as portions
of public sites and open spaces, or in such other form as
to provide amenity to the neighborhood.
1..• Large trees or other desirable natural growth located
in public or private rights -of -way or public or
private easements shall not be removed unless such
removal is necessary for the installation of utilities
or drainage structures of for other purposes in the
80

• public interest.
2. Such removal may be prohibited if the amenity of
adjacent property, or the amenity of the general
neighborhood, is adversely affected.
SECTION 8.04 - USES PERMITTED
A. Additional uses permitted to be established in a special
Planned Unit Development shall only be those uses permitted
in the Low Density Residential (R-1) zoning district,
except that:
1. In developments comprising one hundred (100) or more
dwelling units, "convenience" commercial establishments
may be permitted to be established to provide the following
services and facilities for residents of the development
and their guests.
(a) food stores
(b) drug stores
(c) barber or beauty shops
(d) restaurants
(e) professional offices
2. Total maximum floor area of all convenience commercial
uses established as part of any project shall not
exceed five (5) percent of the total floor area of the
project, or twenty-five thousand (25,000) square feet,
whichever is less.
3. Off-street parking areas shall be provided for each
.use as required by Section 6.01 of this ordinance.
4. Uses established shall be designed and scaled to meet
only the needs of residents of the development and
their guests.
S. One non -illuminated sign shall be permitted per use
established. Maximum sign area shall be ten (10)
square feet.
6. No con ercial use, or sign established therewith, shall
be visible from any adjacent street.
B. Building permits shall be issued for "convenience shopping
facilities only after permits have been obtained by the
• I
81

• developer for the minimum number of dwelling units required
as a prerequisite for those facilities.
•
C. Business licenses shall be issued for "convenience" shopping
operations only after at least fifty (50) B construction
has been completed on all the minimum required dwelling
units.
82

ARTICLE IX. ADMINISTRATION AND ENFORCEMENT
SECTION 9.01 - ENFORCEMENT BY PIANNING AND ZONING BOARD
The Planning and Zoning Board designated by the Board of Commissioners
shall administer and enforce this ordinance. The Planning and Zoning
Board may be provided with the assistance of such other persons as the
Board may direct and shall have all necessary authority to administer
and enforce the zoning ordinance, including the ordering in writing
of the remedying of any condition found in violation of the ordinance,
and bringing legal action to insure compliance with ordinance, including the
injunction, abatement, or other appropriate action or proceeding.
SECTION 9.02 - COMPOSITION AND TERMS OF PLANNING AND ZONING BOARD
The Planning and Zoning Board shall consist of 5 members, the
chairman being a member of and appointed by the Town Board of
Commissioners. The Planning and Zoning Board members shall be residents
• of the Town of Manteo and shall serve two (2) year terms. Terms shall
be staggered with half of the members being appointed or reappointed
each year.
•
SECTION 9.03 - BUILDING PERMIT REQUIRED
No building or other structure shall be erected or moved, nor
shall any existing building or structure hereafter be altered in any
manner; unless a building permit has been approved by the Planning
and Zoning Board. The Building Permit shall expire by limitation, six
(6) months from date of issuance if work authorized by the Permit has
not commenced. If after commencement the work is discontinued for a
period of six (6) months, the permit for it shall immediately expire.
No work authorized by any permit that has expired shall then be
performed until a new permit has been secured.
The Planning and Zoning Board shall have the power of technical
review of all construction in the Town of Manteo requiring a,
Building Permit.
83

0 SECTION 9.04 - APPLICATION FOR BUILDING PEI;MT FOR PERUTTED USES
Anyone requiting a Building Permit must submit their plans and
specifications to the Town Clerk one week prior to the regular meeting
(first Thursday of each month at 7.30 p.m.). These will be reviewed
by the Planning and Zoning Board as a whole. Two sets of certified
plans should be submitted to include: site plan to include a survey
showing location of building, flood elevation and parking if applicable;
floor plant and working drawings.
SECTION 9.05 - DUTIES OF THE BUILDING INSPECTOR
The Building Inspector shall issue building permits after:
thorough review of the applicants plans and specifications to determine
conformance with structural and safety regulations included in the
N.C. State Building Code and, after the Planning and Zoning Board
(or member of said Board delegated with such authority) has also
determined that the applicant's plans are in compliance with
zoning regulations.
. The Building Inspector alone has complete and total responsibility
• for inspection of construction, alteration and repair to buildings
for conformance to the state building code as amended for Dare
County, flood elevation certification and issuance of certificate of
occupancy.
•
SECTION 9.06 - APPLICATION FOR CONDITIONAL USE PEMIT
The Board of Commissioners may approve permits for conditional
uses. The Board of Commissioners may impose reasonable and appropriate
conditions and safeguards upon these conditional uses permits to insure
that the spirit and intent of this ordinance is preserved and that the
conditional use will.not adversely affect the public.
A. Written application for a conditional use permit shall be
submitted to the Planning and Zoning Board no later than
ten days preceding the next regular monthly meeting of.
said Board. The written application shall indicate the
Section of this ordinance under which a permit is being sought
and shall contain the information required by the appropriate
section and any other information which may be required
to insure compliance with this ordinance.
84

• B. The Planning and Zoning Board shall review the application
for a conditional use permit and shall submit its recommendation
as to approval or disapproval along with any additional
conditions or safeguards it may consider necessary to the
Board of Commissioners.
C. When it is considered desirable by the Planning and Zoning
Board or the Board of Commissioners a public hearing may be
held on any conditional use. Notice by means of a placard
posted -on the property concerned shall be given at least
fifteen (15) days in advance of public hearing.
D. Any party may appear in person or be represented by agent,
or attorney.
E. Before they may grant any conditional use permit, the
Board of Commissioners shall make findings.that:. the
applicant has met the requirements of the ordinance; granting
the permit will -be in general conformity with the town's
Land Use Plan and the latest guidelines for development;
the proposed use will be compatible with the area in which
it is to be located if developed under the conditions
specified in the ordinance and those additionally required
by the Commissioners.
• F. Denial of a conditional use permit must be based upon competent,
material and substantial evidence which shall be made a part
of the record in the case. The applicant shall have an
opportunity to examine such evidence and present a rebuttal
or contrary evidence.
G. Violation of any conditions and safeguards, when made a part
of the terms under which the conditional use permit is granted,
shall be considered a violation of this ordinance and
punishable under Article XVII of this ordinance. The Board
of Commissioners may prescribe a time limit within which
the conditional use permit is required shall be begun or
completed, or both. Failure to comply within the time
limit set shall void the conditional use permit.
SECTION 9.07 - CERTIFICATE OF OCCUPANCY REQUIRED
No land shall be used or occupied and no.building hereafter
structurally altered, erected or moved shall be used or its use
changed until a certificate of occupancy shall have been issued
by the Building Inspector stating that the building and/or the proposed
• use thereof complies with the provisions of this ordinance. A like
85

• certificate shall be issued for the purpose of renewing, changing,
or extending a non -conforming use. A certificate of occupancy, either
for the whole or a part of a building, shall be applied for coincident
with the application for a building permit and shall be issued within
10 days after the erection or structural alterations of such building,
or part, shall have been completed in conformity with the provisions
of this ordinance. A record of all ceritficates shall be kept on
file in Town Hall.
•
A temporary certificate of occupancy may be issued by the
Building Inspector for a period not exceeding 6 months during alterations
or partial occupancy of a building pe nding its completion, provided
that such temporary certificate may require such conditions and
safeguards as will protect the safety of the occupants and the public.
SECTION 9.08 - VIOIATION
If any of the provisions of this ordinance are being violated,
notification shall be made in writing to the person responsible
for such violations, indicating the nature of the violation, and ordering
the action necessary to correct it. The Building'Inspector shall
order a discontinuance of illegal use of land, buildings, or structures;
removal of illegal buildings or structures or of additions, alterations,
or structural changes thereto; discontinuance of any illegal work
being done; or shall take any other action authorized by this ordinance
to insure compliance with or to prevent violations of its provisions.
86

n
•
•
ARTICLE X. PENALTY
If any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure
or land is used in violation of this ordinance, the Building Inspector,
or any appropriate authority in addition to other remedies may institute
any appropriate action or proceeding to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use, to restrain, correct or abate such violation, to prevent
any illegal act, conduct, business or use in or about such premises.
Violations of the provisions of these Regulations shall be a
misdemeanor under the N.C.G.S. 14-4 and each day's continuing
violation shall be a separate offense. Notwithstanding the criminal
penalties, the Planning and Zoning Board may institute a civil action
against the offender seeking enforcement by appropriate equitable
remedy, injunction and order of abatement or by any remedy authorized
by N.C.G.S. 160 A-175 and 160 A-389, as amended.
87

• ARTICLE XI. BOARD OF ADJUSTMENT
•
SECTION 11.01 - BOARD OF ADJUSTMENT ESTABLISHED
A Board of Adjustment is hereby established. The word "Board"
when used in this Article shall be construed to mean the Board of
Adjustment. The Board shall have five (5) regular members and two(2)
alternates who shall be citizens of the Town of Manteo appointed by
the Mayor and approved by the Board of Commissioners.one' of the
initial members shall be appointed for a term of one year; two for
terms of two years; and two members and the two alternates for terms
of three years. Their successors shall be appointed for terms of three
years, vacancies shall be filled for the unexpired term only.
Members may be removed for cause by the Board of Commissioners upon
written charges and after public hearing. The members of the Board
may be compensated according to a schedule adpoted by the Board of
Commissioners from time to time.
SECTION 11.02 - CHARIMAN OF THE BOARD
The Mayor shall designate one (1) of the members as chariman
and another as vice-chairman who shall serve for one (1) year. The
Board shall adopt from time to time such rules and regulations as it
may deem necessary to carry into effect the provisions of this Section.
SECTION 11.03 - MEETINGS OF THE BOARD
All meetings of the Board shall be held at a regular place
and shall be open to the public. A quorum of four members shall be
present at the designated meeting place before a vote is taken or
final disposition of any appeal is made upon which the Board is required
to pass. The Board shall keep minutes of its proceedings, showing
the vote of each member upon each question, or if absent or failing
to vote, an indication of that fact. The final disposition of appeals
shall be by recorded resolution indicating the reasons of the Board.
All of the minutes, deliberations and records of the Board shall be
a public record. In the event a regular member shall be absent,
an alternate member shall be notified to serve in the place of the
regular member.
88

SECTION 11.04 - POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT
The concurring vote of four members of the Board shall be
necessary to reverse any order, requirement, decision or determination
of the Planning and Zoning Board to decide in favor of the applicant
any matter upon which it is required to pass under this ordinance
or to affect any variation of this ordinance.
A. Administrative Review and Interpretation
1. Administrative Review: The Board of Adjustment may
hear and decide appeals where it is alleged there is
error in any order, requirement, decision, or determination
made by the Planning and Zoning Board in thelenforcement
of this ordinance.
i
An appeal from the decision of the Planning and Zoning
Board may be taken to the Board of Adjustment by any
person aggrieved, or by any officer, department, board
or bureau of the town affected by such decision. The
appeal must be taken within thirty days by filing with
the Zoning Administrator and with the Board of Adjustment
a notice of appeal specifying the grounds for it. The
• Planning and Zoning Board shall promptly transmit to the
Board all papers constituting the record upon which
the action appealed from was taken.
An appeal stays all proceedings in furtherance of the
action appealed from,.unless the Planning and Zoning
Board certifies to the Board after the notice of appeal
shall have been filied with him that: by reason of
facts stated in the certificate, a stay would, in
his opinion, cause imminent peril to life or property;
or that, because the violation charged is transitory
in nature, a stay would seriously interfere
with enforcement df the ordinance. In such case, proceedings
shall not be stayed otherwise than by a restraining
order, which may be granted by the Board or by a court
of record on application, on notice to'the Zoning
Administrator and due cause shown.
In excercising the above mentioned powers, the Board
of Adjustment may, so long as the action is in conformity
with the terms of this ordinance, reverse or affirm,
wholly or partly, or may modify the order, requirement,
decision or determination that in its opinion ought to
be made, and so shall have the powers of the Zoning
• Administrator.
2. Interpretation: The Board of Adjustment shall interpret
the Zoning Map and pass questions of lot lines or district
boundary lines and similar questions that may arise
in the administration of the ordinance.
W

0 B. Variances: Conditions Governing Applications: Procedures: Fee
The Board of Adjustment may authorize upon appeal in specific
cases a variance from the dimensional requirements of this
ordinance which will not be contrary to the public interest
where, owing to special conditions, a literal enforcement
of the provisions of this ordinance would result in
unnecessary hardship. A fee in accordance with a regularly
adopted fee schedule of the town shall be paid to the town
for each application for variance to cover the administrative
expenses involved. A variance from the terms of this
ordinance shall not be granted by the Board of Adjustment
unless and until:
1. A written application for a variance is submitted
demonstrating:
(a) That special conditions and circumstances exist
which are peculiar to the land, structure, or building
involved and which are not applicable to other lands,
structures, or buildings in the same district;
(b) That literal interpretation of the provisions of
this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same
district under the terms of this ordinance;
(c) That the special conditions and circumstances do
not result from the actions of the applicantf
(d) That granting the variance requested will not confer
on the applicant any special privilege that is denied
by this ordinance to other lands, structures or
buildings in the same district;
(e) No nonconforming use of neighboring lands, structures,
or buildings in the same district, and no permitted
use of lands, structures, or buildings in other districts
shall be considered grounds for the issuance of a
variance.
2. Notice shall be given at least fifteen (15) days in
advance of public hearing. The owner of the property
for which the variance is sought or his agent shall be
notified by mail. Notice of the hearings shall be posted
on the property for which the variance is sought at
least fifteen (15) days prior to the public hearing.
• 3. The public hearing shall be held as advertised. Any

0
•
party may appear in person or be represented by Agent
or by Attorney.
4. The Board of Adjustment shall make findings that the
requirements of Section 11.04 B.1 have been met by the
applicant for a variance.
5. The Board of Adjustment shall further make a finding
that granting the variance will be in general conformity
with the town'-- plan of development and will not be
injurious to the neighborhood, or otherwise detrimental
to the public.
In granting any variance, the Board of Adjustment may
prescribe appropriate conditions and safeguards in conformity
with this ordinance. violation of such conditions and
safeguards, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this
ordinance and punishable under Article X of this ordinance.
Under no circumstances shall the Board of Adjustment grant .a
variance to allow a use not permissable under the terms
of this ordinance in the district involved, or any other
use expressly or by implication prohibited by the terms
of this ordinance in said district.
SECTION 11.05 - APPEALS FROM DECISION OF THE BOARD OF ADJUSTMENT
Any appeal from a decision of the Board of Adjustment to Superior
Court shall be taken within thirty (30) days after the decision is
filed in the office of the Town Clerk of the Town of Manteo or after
a copy of the decision is delivered to the appellant by registered
mail, whichever is later. Decisions of the Board of Adjustment
shall be filed in the office of the Town Clerk and a copy sent by
registered mail to the appellant on the next working day after a
decision is rendered.
91

•
0
ARTICLE XII. DUTIES OF ZONING ADMINISTRATOR, BOARD
OF ADJUSTMENT, COURTS AND BOARD OF
COMMISSIONERS AS TO MATTERS OF APPEAL
It is the intention of this ordinance that all questions arising
in connection with the enforcement of this ordinance shall be presented
first to the Planning and Zoning Board and that questions shall be
presented to the Board of Adjustment only on appeal from the Planning
and Zoning Board. From the decision of the Board of Adjustment
recourse shall be had to courts as provided by law. The duties of
the Board of Commissioners in connection with the ordinance shall
not include the hearing and passing upon disputed questions that may
arise in connection with the enforcement of it. The procedure for
determining those questions shall be set out in this ordinance, and
the duties of the Board of Commissioners in connection with this
ordinance shall be only the duty of considering and passing upon
any proposed.amendment or approving any conditional use permit as
provided by this ordinance.
92

• ARTICLE XIII. CHANGES AND AMENDMENTS
z
•
•
SECTION 13.01 - MOTION TO AMEND
The Board of Commissioners may, on its own motion or upon
motion or upon petition by any person within the zoning jurisdiction
of the Town of Manteo, after public notice and hearing, amend,
supplement, change, modify or repeal the regulations herein established
or the maps which are part of this ordinance, subject to the rules
prescribed in this ordinance. No regulation or map shall be amended,
supplemented, changed, modified or repealed until after a public
hearing is held in relation to it, at which parties in interest
and citizens shall have an opportunity to be heard. A notice of the
hearing shall be given once a week for two successive calendar weeks
in a newspaper of general circulation in the Town of Manteo. The
notice shall be published the first time not less than fifteen (15)
days nor more than twenty-five (25) days prior to the date fixed for
the public hearing.
SECTION 13.02 - FROTEST AGAINST AMENDMENT
In case of a protest against an amendment, supplement, change,
modification or repeal signed by the owners of twenty (20) percent
or more either of the area of the lots included in the proposed
change, or of those immediately adjacent to it either in the rear of
it or on either side of it, extending one hundred (100) feet from
it, or of those directly opposite extending one hundred (100)
feet from the street frontage of the opposite lots, the amendment shall
not become effective except by favorable vote of three -fourths of
all the members of the Board of Commissioners. The provisions of
this section shall not apply to any amendment which initially zones
property added to the territorial coverage of this ordinance as a
result of annexation or otherwise.
SECTION 13.03 - PLANNING BOARD ACTION
Every proposed amendment, supplement, change, modification or
repeal to this ordinance shall be referred to the Planning and Zoning
Board within five (5) days from the filing of the proposal with the
Zoning Administrator or Town Clerk. All petitions for a change in
the zoning map shall include a legal description of the property
93

u
involved and the names and addresses of current abutting property
owners.
SECTION 13.04 FEE
A fee according to a regularly adopted fee schedule of the
town shall be paid to the Town of Manteo, North Carolina for each
application for an amendment to this ordinance or map to cover the
costs of advertising and other administrative expenses involved.
94

aARTICLE XIV. LEGAL STATUS PROVISIONS
SECTION 14.01 - EFFECTS UPON OUTSTANDING BUILDING PEMITS
Nothing contained in this ordinance shall require any change
in the plans, construction, size, or designated use of any building,
structure or part of one for which a building permit has been granted
by the Building Inspector prior to the time of passage of this .
ordinance. However,.where construction is not begun under any outstanding
permit within a period of one hundred and eighty (180) days subsequent
to the passage of this ordinance or where it has not been prosecuted
to completion, the permit shall expire and any further construction
or use shall be in conformity with the provisions of this ordinance.
SECTION 14.02 - CONFLICT WITH COVENANTS AND OTHER LAWS
It is not intended by this ordinance to interfere with or abrogate
or annul any easements, covenants, or other agreements between parties.
Where this ordinance imposes a greater restriction upon the use of
• building or premises or upon the height of buildings, or requires
larger open spaces than are imposed or required by other ordinances,
rules, regulations, or by easements, covenants, or agreements, the
provisions of this ordinance shall govern. Where the provisions of
any other ordinance, law, or covenant require more restrictive standards,
such provisions shall govern.
10
SECTION 14.03 - VALIDITY
If any section, subsection, sentence, clause, or phrase of this
ordinance if for any reason held to be invalid, that decision shall
not affect the validity of the remaining portions of this ordinance.
The Board of Commissioners declares that it would have passed this
ordinance and each Article, Section, Clause, and Phrase of it even
if any one or more Articles, Sections, Clauses, or Phrases may be
declared invalid.
SECTION 14.04 - EFFECTIVE DATE
This ordinance shall become effective from and after its passage
by the Board of Commissioners of the Town of Manteo.
95