Zoning Ordinance-1989 (2)

lease do not remove!!!!!
Division of Coastal Management
Town of Navassa
Zoning Ordinance
ENO
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' Cape Fear Council of Governments
1490 Harbour Drive
Wilmington, NC 28401
910-395-4553 (phone
910-395-2684 (fax)
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TABLE OF CONTENTS
Page No.
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ARTICLE I.
PURPOSE AUTHORITY AND DEFINITIONS
'
A.
Purpose ............................................
1
B.
Authority ...........................................
1
'
C.
Defmitions..........................................
1
'
ARTICLE H.
ESTABLISHMENT OF DISTRICTS .....................
12
A.
Number and Titles ....................................
12
'
B.
Zoning District Map ...................................
12
C.
Interpretation of District Boundaries' .........................
13
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ARTICLE III. REGULATIONS ...................................
14
A.
Open Area/Recreation District, OAR .......................
14
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B.
Agriculture/Forestry District, AF .........................
15
C.
Light Density Residential District, R20 ......................
16
' D. Moderate/Light Density Residential District, R-15 ............... 18
E. Moderate Density Residential District, R-10 ................... 19
F. Commercial District,1, 213 .............................. 20
' G. Light Industrial District, LI ..........................24
H. Heavy Industrial District, HI .... 25
I. Planned Unit Development District, PUD ..................... 27
' J. Manufactured Home Overlay District (MHO District) .......... . . 34
K. Manufactured Home Park (Residential) N1 P .................. 36
1 ARTICLE IV. ADMINISTRATION ................................ 38
I.
Added Requirements
..................................
38
H.
Conditional Uses .....................................
38
III.
Non -Conforming Uses
..................................
41
IV.
Board of Adjustment ..................................
42
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V.
Certification of Occupancy ..............................
44
Vi_
Plats .............................................
45
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VII.
Interpretation, Purpose and Conflict ........................
45
VIII.
Changes and Amendments ...............................
45
IX.
Validity ...........................................
47
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X.
Enforcement ...................... .. .. .. . . . . .... . . . .
47
XI.
Building Permits Prior to Effective Date .....................
47
XII.
Penalty ............................................
47
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ARTICLE V. PROVISIONS OF N.C. GENERAL STATUTES ............. 48
160A-385.1 ESTABLISHMENT OF THE VESTED RIGHT '
Legislative/Intent/Purpose.................................... 48
'
A.
Definitions .........................................
48
B.
Establishment of a Vested Right ...........................
49
C.
Approval Procedures and Approval Authority .................
49
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D.
Duration of Vested Rights ...............................
50
E.
Termination of Vested Rights .............................
50
F.
Miscellaneous Provisions ................................
51
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G.
Voluntary Annexation ..................................
51
H.
Limitations .........................................
52
I.
Repealer ...........................................
52
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J. Effective Date ....................................... 52
ARTICLE VI. OFF STREET PARKING REQUIREMENTS ................ 54
A.
Off Street Parking ....................................
54
,
ARTICLE VII. HANDICAPPED PARKING REQUIREMENTS ..............
56
ARTICLE VIH. BYLAWS FOR THE OPERATION OF THE TOWN ..........
57
,
A.
OF SANDYFIELD PLANNING BOARD
General Rules .......................................
57
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B.
Members and Terms of Office .. . . . . . . . . . . . . . . . . . . . . . . . . . .
57
C.
Officers and Duties ....................................
57
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D.
Meetings ...........................................
58
E.
Records ...........................................
59
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ARTICLE IX. TOWN OF SANDYFIELD BOARD OF ADJUSTMENT ........
60
A.
General Rules .......................................
60
'
Be
Officers and Duties ....................................
60
C.
Alternate Members ....................................
61
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D.
Rules of Conduct for Members ............................
61
E.
F.
Meetings ...........................................
Appeals and Applications ...............................
61
62
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G.
Amendments ........................................
64
APPENDIX '
A Form to Determine Zoning Compliance
Application for a Conditional Use Permit '
Handicapped Parking Requirements

TOWN OF NAVASSA
ZONING ORDINANCE
Article I. Pur sese. Authority, and Definitions
A. Purpose
' The purpose of this ordinance is to guide the development of Navassa, North Carolina, and
to facilitate the adequate provision of transportation, sewerage and water systems, parks
and other public improvements, to regulate the location and use of land and buildings, the
' erection, reconstruction and alteration of buildings, the height and size of buildings, and
the density of population, to divide the town into districts of such number, shape and size
as may be best suited to carry out said purposes; and to encourage the appropriate use of
' land throughout the town utilizing the recommendations of the Land Use Plan Update to
promote the health, safety, and general welfare of the Town of Navassa.
' B. Authority
' This ordinance is adopted pursuant to the authority vested in the Town of Navassa by its
charter, Chapter 160A of the General Statutes of North Carolina, and other local
legislation.
' C. Definitions
' For the purpose of this ordinance, the following words, phrases, terms and their
derivations shall have the meaning given herein.
' Unless the context clearly indicates to the contrary, words used in the present tense include
the future; words used in the plural number include the singular, and words used in the
singular include the plural; the word "herein" means in this ordinance; the words "shall"
' or "must" are mandatory and not directory; the word "building" includes the word
"structure", and the words "structure" and "building" shall include any part thereof; the
words "used" or "occupied" shall be construed to include the words "intended",
' "arranged", or "designed" to be used or "occupied".
' A person shall include a corporation, a partnership and an unincorporated association such
as a club; the word "development" shall be construed so as to include development by
cooperative or collective or other similar means of development through common
' ownership or through the use of lease -hold estates; and the words "immediately adjacent"

shall be construed to mean all land abutting the subject property and extending two
hundred (200) feet therefrom or, when said property so defined includes right-of-way, it
shall mean all land abutting the right-of-way and extending two hundred (200) feet
therefrom.
Accessory Use: An activity or structure incidental or secondary to the principal use on the
same site.
Agriculture: The following definitions apply to the A/F, R20, R15 and R10 zoning
districts:
a. Agriculture -vegetative: The activity of cultivating the soil and/or producing crops
and
b. Agriculture -livestock: The activity of raising livestock. Minimum lot size for
livestock activities:
Fowl Averaging Under Five Pounds in Weight: The number of such fowl shall not
exceed twenty-five (25) per acre or a maximum of four hundred (400). All
housing structures, outdoor pens and feeding areas shall be set back (1) foot per
fowl from all property lines. All fowl must be confined or fenced together.
Fowl Averaging Over Five Pounds in Weight: The number of such fowl shall not
exceed three (3) per acre or a maximum of thirty-five (35). All housing structures,
outdoor pens and feeding areas shall be set back ten feet per fowl from all property
lines. All fowl must be confined or fenced together.
Animals. Other Than Fowl. Averaging Over Thirty Pounds In Weight: The
number of such animals shall not exceed three (3) per acre or a maximum of thirty-
six (36). All housing structures, outdoor pens and feeding areas for such animals
shall be set back ten feet per animal from all property lines. Such animals shall not
be confined together. Offspring less than thirty (30) days old shall not be included
in the number per acre.
The agriculture -livestock definition does not apply to animals ordinarily considered
pets such as dogs, cats, birds and pot-bellied pigs.
Alley: A roadway which affords only a secondary means of access to abutting property
and is not intended for general traffic circulation.
Apartment: A suite of rooms or a room in a multi -family dwelling arranged and intended
as a place of residence for a single family.
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' Arcade: Any establishment that maintains more than three (3) automatic amusement
machines. Automatic amusement machine includes any machine or device activated by
a coin or token, and which when operated is used as a game of skill, test, contest or
' entertainment (not to include pool tables or music machines). This definition does not
include establishments which sell alcoholic beverages or have pool tables.
' Buffer Zone: A strip of land created to separate and protect one type of land use from
another.
Building Area: The total area of a lot covered by a structure measured on a horizontal
plane at mean grade level exclusive of uncovered patios, terraces and steps.
' Building Height: The vertical distance from the average sidewalk grade, street grade or
finished grade at the building line, whichever is highest, to the highest point of the
' building.
Church or House of Worship: Any permanent structure designed or adapted for use by
' members of a church, temple, synagogue, mosque, or the like for the purpose of prayer,
religious service or other rite showing reverence or devotion for a Deity. Where permitted
' by right or condition in this Ordinance activities at such facilities shall be limited to those
associated with worship or fellowship by its members or congregation. Prohibited without
further approval are such activities as education for preschool, primary, secondary and post
secondary students, dormitory facilities, and ongoing commercial enterprise.
Conditional Use: A use that may locate in certain zoning districts provided it will not be
' detrimental to the public health and general welfare and will not of itself impair the
integrity and character of the district as determined by the Councilmen.
' Conversion: The alteration of the use of an existing building to another type of use
permitted under this ordinance.
' Dimensional Nonconformity: A nonconformity situation that occurs when the height,
size, or minimum floor space of a structure or the relationship between an existing building
' or lot line does not conform to the regulations applicable to the district in which the
property is located.
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Dwelling, Single -Family: A building designed to be occupied by one (1) family.
Dwelling, Duplex: A building containing two (2) dwelling units where the building is
' designed to be occupied by two (2) families living independently from each other.
Dwelling, Multi -Family: A building designed to be occupied by three (3) or more
families living independently of each other.
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Easement: Authorization by a property owner for the use of another parry, for a specific
purpose, of any designated part of said property without conferring exclusive possession.
Extra -Territorial Jurisdiction: A defined area extended one mile beyond the town limits.
Family: One or more persons living together that are related by blood, adoption, or
marriage, living and cooking together as a single housekeeping unit, exclusive of
household servants. A number of persons living and cooking together as a single
housekeeping unit though not related by blood, adoption, or marriage, and not exceeding
three persons shall be deemed to constitute a family.
Family Care Home: A home with support and supervisory personnel that provides room
and board, personal care and habitation services in a family environment for not more than
six (6) resident handicapped persons. (GS 168-21, GS 168-22)
Floor Area (for determining off-street parking and loading requirements): The sum
of the gross horizontal areas of the several floors of the building, or portion thereof,
devoted to such use, including accessory storage areas located within selling or working
space as counters, racks, or closets, and any basement floor area devoted to retailing
activities, to the production or processing of goods, or to business or professional offices.
However, "floor area" for the purposes of measurement for off- street parldng spaces shall
not include: floor area devoted to primarily storage purposes (except as otherwise noted
herein); floor area devoted to off-street parking or loading facilities, including aisles,
ramps, and maneuvering space; or basement floor other than area devoted to retailing
activities, to the production or processing of goods, or to business or professional offices.
Floor Area, Gross: The total square footage on all floors within a building.
Frontage: The property abutting one side of a street or public way, measured along the
right-of-way line.
Garage, Private: A building used as an accessory to the main building permitted in any
district, and providing for the storage of a motor vehicle and in which no business,
occupation, or service is conducted.
Garage, Public: Any building, except those described as a private garage, used for
storage or care of motor vehicles.
Guest House (Tourist Home, Boarding House): Any dwelling occupied by owner or
operator in which five rooms or less are rented for lodging of transients and travelers for
compensation.
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Halfway House: Therapeutic residences that provide a sheltered and transitional
environment for persons emerging from mental or penal institutions or drug treatment
centers.
Handicapped Person: A person with a temporary or permanent physical, emotional, or
mental disability including but not limited to mental retardation, cerebral palsy, epilepsy,
autism, hearing or sight impairments, emotional disturbances and orthopedic impairments
but not including mentally ill persons who are dangerous to others as defined in GS 122C-
3(11)b.
Home Occupation: An occupation for gain or support customarily conducted on the
premises by a person or family residing thereon provided:
(a) Only one (1) person other than members of the family residing on the premises
shall be engaged in such occupation;
(b) The use of the dwelling unit for the home occupation shall be clearly incidental and
subordinate to its use for residential purpose by its occupants, and not more than
twenty-five percent (25 %) of the floor area of the dwelling unit shall be used in the
conduct of the home occupation;
(c) There shall be no change in the outside appearance of the building or premises, or
other visible evidence of the conduct of such home occupation;
(d) No traffic shall be generated by such home occupation in greater volumes than
would normally be expected in a residential neighborhood, and any need for
parking generated by the conduct of such home occupation shall be met off street
and other than in any required yard. Vehicles used primarily as passenger vehicles
including pickup trucks and step -type vans only shall be permitted in connection
with the conduct of the customary home occupation;
(e) No equipment or process shall be used in such home occupation which creates
noise, vibration, glare, fumes or electrical interference detectable to the normal
senses off the lot, if the occupation is conducted in a single family housing unit,
or outside the housing unit if conducted in other than a single family housing unit.
In the case of electrical interference, no equipment or process shall be used which
creates visual or audible interference in any radio or television receivers off the
premises; or causes fluctuations in line voltage off the premises;
(f) No display of products shall be visible from the street, and the selling of
merchandise or the manufacture of merchandise for sale except baking, sewing
and/or home crafts normally made in the home cannot be the primary function of
the home occupation;
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(g) Instruction in music, dancing or tutoring of academic subjects shall be limited to
four (4) students at a time;
(h) All persons now operating a Home Occupation shall be grand fathered but they '
must declare their home occupation within 60 days of adoption of this ordinance.
Also, proof must be shown that occupation was in existence prior to ordinance '
adoption. All persons currently operating a home occupation will still be required
to pay the license fee within 60 days of adoption of ordinance.
(i) Signs shall be affixed to the main building, shall not exceed 18 "h X 30"w and shall '
not be illuminated.
Housekeeping Unit: Any part of a living area used to prepare food in any manner for ,
human consumption, the existence of two or more of such areas shall create a conclusive
presumption that the dwelling unit was designed for or is being used by two or more ,
families.
Hotel: A building occupied or used as a more or less temporary abiding place of ,
individuals or groups who are lodgers and in which there are six (6) or more sleeping
rooms. ,
Junk Yard: An area where scrap metal or other waste is bought, sold, exchanged, or
handled on an on -going basis, including automobile salvage and wrecldng yards. '
Land Use Plan: The adopted Land Use Plan Update of the Town of Navassa.
Lot: A parcel of land occupied or capable of being occupied by a building or group of
buildings devoted to a common use, together with the customary accessories and open
spaces belonging to same. '
Lot Area: The total horizontal area enclosed with lot lines.
Lot Corner: A lot which has at least two (2) adjoining goinin sides which abut a street or other I
public right-of-way, provided that the angle of intersection of the two lines is less than 135 ,
degrees.
Lot, Depth of: The average horizontal distance between front and rear lot lines. I
Lot, Front of: The portion of a lot nearest the street. For corner and through lots, all
sides adjacent to street rights -of way shall be considered fronts. I
Lot, Interior: A lot other than a comer lot.
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ILot Lines: The lines bounding a lot as defined herein.
Lot Line, Front: The lines separating said lot from the street right-of-way.
Lot, Through: A interior lot having frontage on two streets.
Lot, Width of: The mean horizontal distance between side lot lines.
' Manufactured Home: A dwelling that (i) is not constructed in accordance with the
standards set forth in the North Carolina State Building Code, and (ii) is composed of one
' or more components, each of which was substantially assembled in a manufacturing plant
and designed to be transported to the home site on its own chassis, and (iii) exceeds forty
feet in length and eight feet in width.
' Manufactured Home, Class A: A manufactured home constructed after July 1, 1976,
that meets or exceeds the construction standards promulgated by the US Department of
' Housing and Urban Development that were in effect at the time of construction and that
satisfies the following additional criteria:
'
a.
The manufactured home has a length not exceeding four times its width, with
length measured along the longest axis and width measured at the narrowest part
'
of the other axis;
b.
The manufactured home has a minimum of 1 120 square feet of enclosed and
a qu
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heated living area;
C.
The pitch of the roof of the manufactured home has a minimum vertical rise of two
and two tenths feet for each twelve feet of horizontal run (2.2 feet and 12 feet) and
'
the roof is finished with a type of shingle that is commonly used in standard
residential construction;
'
d.
All roof structures shall provide an eaves projection of no less than six inches,
which may include a gutter;
'
e.
The exterior siding consists predominantly of vinyl or aluminum horizontal lap
siding (whose reflectivity does not exceed that of gloss white paint), wood or
'
hardboard comparable in composition, appearance and durability to the exterior
siding commonly used in standard residential construction;
'
f.
The manufactured home is set up in accordance with the standards set by the North
Carolina Department of Insurance and a continuous, wall, unpierced except for
'
required ventilation and access, is installed under the perimeter of the manufactured
home;

g. Stairs, porches, entrance platforms, ramps and other means of entrance and exit to
and from the home shall be installed or constructed in accordance with the
standards set by the North Carolina Department of Insurance, attached firmly to the
primary structure and anchored securely to the ground; and
h. The moving hitch, wheels and axles, and transporting lights have been removed.
It is the intent of these criteria to insure that a Class A manufactured homes, when
installed, shall have substantially the appearance of an on -site, conventionally built, single-
family dwelling.
Manufactured Home, Class B: A manufactured home constructed after July 1, 1976,
that meets or exceeds the construction standards promulgated by the US Department of
Housing and Urban Development that were in effect at the time of construction, and that
meet or exceed criteria (f), (g) and (h) for Class A homes above.
Manufactured Home, Class C: Any manufactured home that does not meet the
definitional criteria of a Class A or Class B manufactured home.
Manufactured Home Park: Any site or tract of land, of contiguous ownership upon
which manufactured home spaces are provided for manufactured home occupancy whether
or not a charge is made for such service. This does not include manufactured home sales
lots on which unoccupied manufactured homes are parked for the purpose of sales.
Modular Home: A dwelling unit constructed in accordance with the standards set forth
in the North Carolina State Building Code and composed of components substantially
assembled in a manufacturing plant and transported to the building site for final assembly
on a permanent foundation. Among other possibilities, a modular home may consist of
two or more sections transported to the site in a manner similar to a manufactured home
(except that the modular home meets the North Carolina State Building Code), or a series
of panels or room sections transported on a truck and erected or joined together on the site.
Motel: Land developed for a single structure or a group of structures of permanent
construction that contains guest rooms with vehicle parking space and utility structures
provided to support the primary use.
Neighborhood: A residential area whose residents have public facilities and social
institutions in common and generally within walling distance of their homes.
Nonconforming Lot: A lot existing at the effective date of this ordinance or any
amendment to it that cannot meet the lot requirements of the district in which the lot is
located.
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Nonconforming Project: Any structure, development, or undertaking that is incomplete
at the effective date of this ordinance and would be inconsistent with any regulation
applicable to the district in which it is located if completed as planned.
Nonconforming Situation: A situation that occurs when, on the effective date of this
ordinance or any amendment to it, an existing lot or structure or use of an existing lot or
structure does not conform to one or more of the regulations applicable to the district in
which the lot or structure is located.
Nonconforming Use: A nonconforming situation that occurs when property is used for
a purpose or in a manner made unlawful by the use regulations applicable to the district
in which the property is located.
Parking Lot: An area or plot of land used for the storage or parking of vehicles.
Planned Unit Development (PUD): A PUD is a land development project planned as a
single entity by means of a unitary site plan which permits flexibility on building, siting,
mixtures of housing types and land uses, usable open space, and the preservation of
significant natural features.
Residence: A building designed to be used as permanent living quarters for one or more
families.
Right -of -Way: Land occupied or intended to be occupied by a street, crosswalk, railroad,
utility line or other special purpose and held exclusive from abutting properties.
Septic Tank: A tank used in combination with leaching fields or trenches in which
sewage is purified by bacterial action. It is distinct from a cesspool which retains solids
and must be periodically pumped out.
Service Station: A building or a lot where gasoline, oil, greases, and accessories are
dispensed to the motor vehicle trade.
Setback Line: A line specifically established upon a plat or established by the zoning
ordinance which identifies an area into which no part of a building shall project except as
provided by these regulations. A line measured parallel to the front property line (right-of-
way) in front of which no structure shall be erected.
Setback Line (front yard): A line specifically established by the zoning ordinance which
' identifies a "front yard" area into which no part of a building shall project except as
provided in these regulations. In Navassa the minimum depth of a front yard shall be 65
feet from the center line of the street or 35 feet from the right-of-way of the street,
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whichever is greater. The minimum comer side yard depth shall be 55 feet from the
center line of the street or 25 feet from the right-of-way of the street, whichever is greater.
Shopping Center: A group of commercial establishments planned, developed and
managed as a unit, with off-street parldng on the property.
Sewage System: A facility designed for the collection, removal, treatment and disposal
of waterborne sewage generated within a given service area.
Sign: A structure that is arranged, intended, designed or used as an advertisement,
announcement or direction; and includes a sign, sign screen, billboard, poster panel and
advertising devices of every kind which are displayed out-of-doors.
Sign Area: The surface area of a sign shall be computed as including the entire area
within a regular geometric form or combination of forms comprising the total display area
of the sign. When calculating sign area, only one side of a double-faced sign shall be
considered.
Stable, Private: A stable with a capacity of not more than one (1) horse for 3,500 square
feet of lot area whereon such stables are located and where such horses are owned by the
owners or occupants of the premises and are not kept for remuneration of any kind.
Stable, Public: Any stable other than a private stable.
Story: That portion of a building included between the surface of any floor and the
surface of the next floor above it, or if there is not floor above it, then the space between
such floor and the ceiling above it.
Street: A thoroughfare which affords principal access to abutting property.
Structure: Anything constructed or erected, the use of which requires location upon the
land, or attachment to something having a permanent location on the land.
Structural Alterations: Any change except for repair or replacement in the supporting
members of a building, including bearing walls, columns, beams and girders.
Trailer Camp: Any lot or parcel of land set aside and offered by any person to the
transient public for the parking and accommodation of two (2) or more travel trailers
which are to be occupied for sleeping or eating.
Travel Trailer: Any vehicle designed to be transported and intended for human
occupancy as a dwelling for short periods of time, such vehicles containing limited or no
kitchen or bathroom facilities.
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Use, Permitted: A use which is permitted outright in a district for which a Zoning Permit
may be issued by the Zoning Administrator.
Use, Conditional: A use which is permitted in a district under certain conditions only if
a permit is expressly authorized by the Town Council.
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 action 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 a structure or size of yards and
open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed
by variance, nor shall a variance be granted because of the presence of nonconformities
in the zoning district or uses in an adjoining zoning district.
Yard: An open space on -the same lot with a building, unoccupied and unobstructed from
the ground upward, except by trees or shrubbery, or as otherwise provide herein.
Yard, Front: An open space across the hill width of the lot measured between the
building line of the main building and the street. In Navassa the minimum depth of a front
yard shall be sixty-five (65) feet from the center line of the street or thirty-five (35) feet
from the right-of-way of the street whichever is greater. The minimum comer side yard
depth shall be fifty-five (55) feet from the center line of the street or twenty-five (25) feet
from the right-of-way of the street, whichever is greater.
Yard, Rear: An open space extending across the full width of the lot and measured
between the rear line of the lot and the rear line of the main building.
' Yard, Side: An open space extending from the front building line of the main building
to the rear building line of the main building.
' Zoning Administrator: The Zoning Administrator is the official charged with handling
the official duties of the Town relative to Zoning and Zoning Ordinance administration.
' The Zoning Administrator will make final decisions on proposals received from developers
and citizens as to the consistency of such proposals with the regulations in this Ordinance.
The Planning Board Chairman is the Zoning Administrator in the Town of Navassa.
' Zoning Amendment: Changes in the zoning ordinance text or map, adopted by the Town
Council upon recommendation by the Planning Board.
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Article U. Establishment of Districts
A. Number and Titles
The Town of Navassa, North Carolina, is hereby divided into the following districts:
OAR - Open Area/Recreation District
AF- Agriculture/Forestry District
R-20 - Residential District (20,000 sq. ft.)
R-15 - Residential District (15,000 sq. ft.)
R-10 - Residential District (10,000 sq. ft.)
MFR - Multiple -Family Residential District
C - Commercial Districts 1, 2, 3
LI - Light Industrial District
HI - Heavy Industrial District ,
PUD - Planned Unit Development
MHO - Manufactured Home Overlay District
MHP - Manufactured Home Park (Residential)
B. Zoning District Map
The boundaries of the zoning districts are shown upon the map accompanying this
ordinance and made apart hereof, entitled "Official Zoning Districts, Navassa, North
Carolina". The Zoning District Map and all the notations, references and all amendments
thereto, and other information shown thereon is hereby made a part of this ordinance the
same as if such information were all fully described and set out herein.
1. Creation: In the creation, by this ordinance of the respective zones, the Town
Council has given due and careful consideration to the peculiar suitability of each
and every zone for the particular regulations applied thereto, and the necessary,
proper and comprehensive groupings and arrangements of the various uses and
densities of population in accordance with a well considered land use plan for the
development of the town.
2. Zoning District Map Legitimacy and Location: Regardless of the existence of
purported copies of the Zoning District Map which may from time to time be made
or published, the official Zoning District Map of the Town of Navassa shall be
located in the office of the Town Clerk. The Planning Board Chairman is the
Zoning Administrator in Navassa.
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' 3. Amendments to the Zoning District Map: No changes of any nature shall be
made to the Zoning District Map except in conformity with the procedure set forth
in the Ordinance.
C. Interpretation of District Boundaries
The boundaries of each district which are indicated on the zoning map of the Town of
Navassa, together with all explanatory matter thereon, are hereby adopted by reference and
' declaration to be a part of this ordinance.
Where uncertainty exists as to the boundaries of districts as shown on the zoning map, the
' following rules shall apply:
1. Boundaries following center lines: Boundaries indicated as approximately
' following the center lines of streets, highways, or alleys shall be construed to
follow such center lines.
2. Boundaries following lot lines: Boundaries indicated as approximately following
plotted lot lines shall be construed as following such lot lines.
' 3. Boundaries following town limits: Boundaries indicated as approximately
following town limits shall be construed as following town limits.
4. Boundaries following shore lines: Boundaries indicated as approximately
following the center lines of streams, creeks, or other bodies of water shall be
' construed to follow such center lines.
5. Boundaries parallel to center lines: Where district boundaries are so indicated
that they are approximately parallel to the center line of streets, alleys or highways,
or the rights -of -way of the same, such district boundaries shall be construed as
being parallel thereto and at such distance therefrom as indicated on the zoning
' map.
' 6. Boundaries dividing lots: Where a district boundary line divides a lot or tract in
single ownership, the district requirements for the least restricted portion of such
lot or tract shall be deemed to apply to the whole thereof, provided such extensions
shall not include any part of a lot or tract more than fifty (50) feet beyond the
district boundary line. The term "least restricted" shall refer to use restrictions and
not to lot size.
' 7. Cases of uncertainty in boundary decisions: In the event that uncertainty exists
in the interpretation of the district boundaries, the Navassa Board of Adjustment
shall interpret the intent of the zoning map as to the location of such boundaries.
' 13

Article M. Regplations
A. Open Area/Recreation District, OAR
1. Purpose: It is the purpose of this district to protect wetlands and prevent
development in areas of potential flood hazard, wheresuch development would be
detrimental to both the natural and economic environment of the community. It is
also the purpose of this district to provide both passive and active recreational
opportunities to the public.
2. Permitted Uses: The following uses shall be permitted in the OAR District subject
to the various provisions of this article.
Accessory Uses to Permitted Uses (Cannot be occupied or rented, must meet the ,
requirements of the district.)
Accessory buildings 10' X 12' or smaller may be placed 6' from the rear and side ,
property line(s). Accessory buildings larger than 10' X 12' must be placed 15'
from the rear and side property lines.
Camping and Picnic Areas (no paving, no permanent homes) '
Historic Sites and Monuments
Nature Exhibits
Parks (provided there is no paving) ,
Playgrounds
3. Conditional Uses: The following uses may be permitted in an OAR District if the
town determines them not to be objectionable and if the land owner complies with
the various controls recommended by the Planning Board. '
Amphitheaters (Provided there is no paving)
Golf Courses, Golf Driving Ranges '
Private Clubs
Fish Hatcheries and Fish Farms
4. Lot, Yard and Height Requirements:
Minimum Lot Size 20,000 sq. ft. '
Front Yard 30 ft. (must not differ more than 10' from the
average of adjacent buildings) ,
Side Yard 12 ft.
Rear Yard 30 ft.
Maximum Building Height 35 ft. I
5. Off Street Parking: Not Applicable
14 1
1

6. Signs: Please refer to the appropriate section of the Town of Navassa sign
ordinance.
B. Agriculture/Forestry District, AF
1. Purpose: It is the purpose of the AF (Agriculture/Forestry) District to preserve
the rural and agricultural character of the land removed from readily available
urban services.
2. Permitted Uses: The following uses shall be permitted in the AF District subject
to the various provisions of this article.
Accessory Buildings to Permitted Uses (Cannot be occupied or rented, must meet
the requirements of the district.) Accessory buildings 10' X 12' or smaller may be
placed 6' from the rear and side property line. Accessory buildings larger than
10' X 12" may be placed 15' from the rear and side property lines.) Limit of 500
square feet.
Agriculture -Vegetative - (Refer to definition section)
Agriculture -Livestock - (Refer to definition section)
Wayside Stand (for the sale of agricultural products produced on the same parcel
of land).
Forestry, production and harvesting
Greenhouses
Single Family Site Built Residential Units
Public Schools
Cemeteries
Correctional Institutions
Fair Grounds
Riding Stables
Fish Hatcheries, Fish Farms
Manufactured Homes (Type A & B)
Modular Homes
3. Conditional Uses: The following uses may be permitted in an AF District if the
Town determines them not to be objectionable and if the land owner complies with
the various controls recommended by the Planning Board.
Churches
Hunting Lodge
Golf Courses, Golf Driving Ranges, Miniature Golf
Home Occupations (See Definitions for restrictions)
Public Buildings
Public/Private Utilities
Private Schools
15

3
5.
Lot, Yard, and Height Requirements:
Minimum Lot Size
Front Yard
Side Yard
Rear Yard
Maximum Building Height
20,000 sq. ft.
30 ft. (must not differ more
average of adjacent buildings)
12 ft.
30 ft.
35 ft.
Off Street Parking: Please refer to Article VI of this text.
than 10' from the I
6. Signs: Please refer to the appropriate section of the Town of Navassa sign I
ordinance.
C. Light Density Residential District, R 20 I
1. Purpose: - It is the purpose of the R-20 District to provide for light density
residential development in areas without water and sewer services.
2. Permitted Uses: The following uses shall be permitted in the R20 District subject I
to the various provisions of this article.
Accessory Buildings to Permitted Uses (Cannot be occupied or rented, must meet '
the requirements of the district.) Accessory buildings 10' X 12' or smaller must
be placed 6' from the rear and side property line. Accessory buildings larger than
10' X 12' must be placed 15' from the rear and side property lines. Limit of 500 '
square feet.
Agriculture -Vegetative
Parks and Playgrounds '
Single Family Site Built Residential Units
Manufactured Homes (Type A & B) ,
Modular Homes
Home Occupations (See Definitions for restrictions)
Greenhouses (accessory use only) I
3. Conditional Uses: The following uses may be permitted in the R20 District if the
Town determines them not to be objectionable and the land owner complies with '
the various controls recommended by the Planning Board.
Churches
Day Care Facilities ,
Bed and Breakfast Establishments (See 7 below)
Golf Courses ,
Public Utilities
Tennis Courts
Private Swimming Pools '
16

5.
6.
�
7.
1
1
Play Field or Athletic Field
Agriculture -Livestock
Lot, Yard, and Height Requirements:
Minimum Lot Size 20,000 sq. ft
Front Yard The minimum depth of a front yard shall be sixty-
five (65) feet from the center line of the street or
thirty-five (35) feet from the right-of-way of the
street, whichever is greater.
Side Yard 12 ft. (The minimum comer side yard depth shall be
fifty-five (55) feet from the center line of the street
or 25 feet from the right-of-way of the street,
whichever is greater.)
Rear Yard 30 ft.
Maximum Building Height 35 ft. `
Off Street Parldng: Please refer to Article VI of this text.
Signs: Please refer to the appropriate section of the Town of Navassa sign
ordinance.
Standards for Bed and Breakfast Establishments:
1. Dwelling cannot provide more than three bedrooms for overnight guests.
2. One parking space per guest room be provided off the street in addition to
two off street parking spaces for the principal occupants. The parking area
must not encroach beyond the side and rear set back lines of the zoning
district.
3. The use shall conform to the sign ordinance.
4. No pulsating, flashing, oscillating, or other types of attention getting
devices shall be permitted.
5. No outdoor activities other than those associated with the normal activities
of a single family home are permitted.
6. The use must annually meet the health standards of the State and County
Government and proof presented to the Building Inspector and Zoning
Administrator.
7. The dwelling must be the primary residence of the owner.
8. Must be a member of, and comply with all rules and regulations of the
N.C. Association of Bed and Breakfast.
9. Must obtain a license to operate from the Town. The fee to be determined
by the Town Council.
17

10. A buffer of vegetation which will grow to a height of four feet must
surround the parking area on three sides.
D. Moderate/Light Density Residential District, R-15
1. Purpose: It is the purpose of the R-15 District to provide for light density
residential development in areas with available urban services.
2. Permitted Uses: The following uses shall be permitted in the R-15 District subject
to the various provisions of this article.
Accessory Building to Permitted Uses (Cannot be occupied or rented, must meet
the requirements of the district.) Accessory buildings 10' X 12" or smaller must
be placed at least 6' from the rear and side property line. Accessory buildings
larger than 10' X 12" must be placed at least 15' from the rear and side property
lines. Size limit of 400 square feet.
Agriculture -Vegetative
Single Family Site Built Residential Units
Manufactured Homes (Type A & B)
Modular Homes
Two Family Residential Units (duplexes)
Home Occupations (See Definitions for restrictions)
Greenhouses (accessory use only)
3. Conditional Uses: The following uses may be permitted in the R-15 District if the
Town determines them not to be objectionable and the land owner complies with
the various controls recommended by the Planning Board.
Day Care Facilities
Golf Courses
Public Utilities
Schools
Agriculture -Livestock
Churches
Parks and Playgrounds
4. Lot, Yard, and Height Requirements:
Minimum Lot Size 15,000 sq. ft.
Front Yard The minimum depth of a front yard shall be sixty-
five (65) feet from the center line of the street or
thirty-five (35) feet from the right-of-way of the
street, whichever is greater.
18

' Side Yard 12 ft.(Tha minimum comer side yard depth shall be
' fifty-five (55) feet from the center line of the street
or twenty-five (25) feet form the right-of-way of the
street, whichever is greater.)
' Rear Yard 30 ft.
Maximum Building Height 35 ft.
' 5. Off Street Parking: Please refer to Article VI of this text.
6. Signs: Please refer to the appropriate section of the Town of Navassa sign
' ordinance.
' E. Moderate Density Residential District, R-10
1. Purpose: It is the purpose of the R-10 District to provide for light density
' residential development in areas with available urban services.
2. Permitted Uses: The following uses shall be permitted in the R-10 District subject
' to the various provisions of this article.
Accessory Buildings to Permitted Uses (Cannot be occupied or rented, must meet
'
the requirements of the district.) Accessory buildings 10' X 12' or smaller must
be placed at least 6' from the rear and side property line. Accessory buildings
larger than 10' X 12' must be placed 15' from the rear and side property lines.
'
Size limit of 200 square feet.
Agriculture -Vegetative
'
Parks and Playgrounds
Single Family Site Built Residential Units
Manufactured Homes (Type A & B)
tModular
Homes
Home Occupations (See Definitions for restrictions)
'
Greenhouses (accessory use only)
1 : The following uses ma be permitted in the R-10 District if the
3. Conditional Uses g y
'
Town determines them not to be objectionable and if the land owner complies with
the various controls recommended by the Planning Board.
Churches
Parks and Playgrounds
Day Care Facilities
'
Public Buildings
Public Utilities
Schools
'
19
t

4.
5.
1.1
Lot, Yard, and Height Requirements:
Minimum Lot Size
10,000 sq. ft.
Front Yard
The minimum depth of a front yard shall be sixty-
five (65) feet from the center line of the street or
thirty-five (35) feet from the right-of-way of the
street, whichever is greater.
Side Yard
8 ft. (The minimum comer side yard depths shall be
fifty-five (55) feet from the center line of the street
or twenty-five feet from the right-of-way of the
street, whichever is greater.)
Rear Yard
30 ft.
Maximum Building Height 35 ft.
Off Street Parking: Please refer to Addendum I to this text.
Signs: Please refer to the appropriate section of this ordinance.
F. Commercial District, 1, 2, 3
The purpose of establishing several commercial districts is to regulate the intensity of land
use to protect residential neighborhoods and places of worship.
Factors to consider when assigning retail establishments to Commercial Districts 1, 2, or
3: Health, safety, general welfare of the community and noise, odors, gas, fumes, smoke,
dust, vibration, height and brightness of lights, hours of operation, traffic, parking spaces,
and fire hazards.
Commercial District 1: Light Commercial Uses
Commercial District 1 is established as a district in which the principle use of land is for
retail trade purposes which cause the least concern about the factors listed above.
I
Permitted: Professional Offices: Medical, attorney, accounting, insurance, financial, I
government and agency offices.
Conditional: Child and Adult day care.
Churches
Single family homes.
Manufactured Homes (Type A & B)
Modular Homes
20 1

'
Buffer: Property owner must construct Buffer Number 1 when located in
P
'
Commercial District 1.
Commercial District 2: Medium Intensity Commercial Uses
'
Commercial District 2 is established as a district in which the principle use of land is for
retail trade purposes which cause a minimal amount of concern about the factors listed
'
above.
Permitted: Professional Offices: Medical, attorney, accounting, insurance, financial,
'
government and agency offices.
'
Stand alone stores: notions, dry goods, shoes, clothing, jewelry, leather
goods, gifts, books, flowers, cameras, toys, sporting goods, paint, pets,
hobby and craft goods, drugs, magazines, candy, wallpaper, furniture,
appliances, upholstery, antiques, stationery, bicycles, shoe repair, dry
'
cleaning, banks, barber and beauty shops.
Child and Adult day care.
'
Churches
Conditional: Single family homes
'
Manufactured Homes (Type A & B)
Modular Homes
' Buffer: Buffer Number 2 when Commercial District 2 use is placed adjacent a
house(s) or residential district.
' Commercial District 3: HeM Commercial Uses
' Commercial District 3 is established as a district in which the principle use of land is for
retail trade purposes which cause the most concern about the factors listed above.
I
Permitted: Professional Offices: Medical, attorney, accounting, insurance, financial,
government and agency offices.
' Stand alone stores: notions, dry goods, shoes, clothing, jewelry, leather
goods, gifts, books, flowers, cameras, toys, sporting goods, paint, pets,
hobby and craft goods, drugs, magazines, candy, wallpaper, furniture,
' appliances, upholstery, antiques, stationery, bicycles, shoe repair, dry
cleaning, banks, barber and beauty shops, groceries, musical instruments,
feed and seed.
Child and Adult day care.
' Churches
Cab stands
' 21

Parking lots
ABC store
Hotel/motel
Theater
Arcade
Laundry
Grocery store
Fast food restaurants
Restaurants (sit down, not fast food)
Service stations/garages
Shopping center
Cafeterias
Funeral home
Convenience market
Public Utilities
Lodges (Civic type)
Community Facilities (Town Hall, Fire/Police Station)
Conditional: Single Site Built Homes.
Manufactured Homes (Type A & B)
Modular Homes None
Buffer: Buffer Number 2 when Commercial District III use is adjacent to a house(s) '
or residential district.
Additional Commercial District 1, 2, 3 Requirements:
1. All of the Commercial District 1 uses will be permitted in District 2 and the
District 1 and 2 uses will be permitted in District 3.
2. Single family homes will be permitted in commercial districts only as a conditional
use.
3. An opaque buffer will be constructed around all four sides of trash receptacles
located in Commercial Districts 1, 2, and 3. Acceptable material for a buffer
placed around trash receptacles: solid wooden fence, metal fence with vinyl slats
woven through the metal mesh or other material approved by the Town Council.
4. Lighting: The lighting in Commercial District 1, 2, and 3 shall be as follows: I
The lighting must be designed in such a way that it will have minimal effect on
adjoining property. The light rays shall shine only upon the premises and shall not '
spill over the property lines in any direction except by indirect reflection. This is
to be accomplished by the proper selection, placement and height of the fixtures. '
A lighting plan may be required for commercial business at the sole discretion of
the Zoning Administrator. When a lighting plan is required it will be reviewed by

the Planning Board and will receive a recommendation by the Planning Board. The
Town Council shall stipulate the lighting requirements, following a required Public
Hearing, and the lighting plan will be approved by becoming consistent with the
requirements stipulated by the Council. Any challenges by the applicant to the
approved lighting plan will be reviewed and approved by the Board of Adjustment.
5. Buffer 1 and 2 Definitions and Requirements:
Buffer 1: Required Buffers: Where this district abuts a lot in a residential district or
land occupied by apre- existing residential use permitted by this ordinance,
the Town Council shall require the owner of the business property to
provide and maintain along the property lines, a continuous visual buffer.
The buffer shall be a compact evergreen hedge or other type of evergreen
foliage hedge or other type of evergreen foliage screening or shall be a
combined fence and shrubbery screen, the latter facing the residential use.
The visual buffer shall be subject to inspection by the Zoning Administrator
or by a duly appointed inspection officer. The buffer must provide a
complete visual block of commercial operations from the residential
property. Minimum height for such buffer shall be five feet. The buffer
must be approved by the Zoning Administrator before a certificate of
occupancy is issued.
Buffer 2: Required Buffers: Where this district abuts a lot in a residential district or
laud occupied by any pre-existing residential use, the owner of the business
property shall provide and maintain, for the life of the use along the
property line, a continuous unbroken visual buffer. The buffer shall consist
of one of the following:
a. A compact evergreen hedge or other type of ever -green foliage
screening. The minimum height for such buffer shall be five feet
when planted. The buffer must provide a complete visual block of
commercial operations from the residential property.
b. A combined fence and shrubbery screen, the latter facing the
residential use. Minimum height for such buffer shall be five feet
high when planted. The buffer must provide a complete visual
block of commercial operations from the residential property.
C. An earthen berm a minimum of three feet high and a maximum of
five feet high with a minimum of three feet high evergreen foliage
(of a width determined suitable by local inspections officers,
Building Inspector or Zoning Administrator) on the crest of the
berm. In the event the berm and shrub option is used, the
maximum slope on the berm sides shall be no greater than one foot
to one foot.
23

The visual buffer shall be inspected by the Zoning Administrator and approved
before a certificate of occupancy is issued.
6. Lot, Yard, and Height Requirements:
Minimum Lot Size 10,000 sq. ft
Front Yard 30 ft.
Side Yard (where existing) 12 ft.*
Rear Yard 30 ft.
Maximum Building Height 3 stories
* Common walls shall be allowed.
7. Off Street Parking: Please refer to Article VI of this text.
8. Signs: Please refer to the appropriate section of the Town of Navassa sign
ordinance. %
9. Bond Requirement: A performance guarantee will be required in some instances
as a part of the conditional use approval process. Performance bonds, escrow
agreements, and other similar collateral or surety agreements may be acceptable
when such an instrument is required.
G. Light Industrial District, LI
1. Purpose: It is the purpose of the Light Industrial District to provide an area for
industry that has no nuisance or pollution factors.
2. Permitted Uses: The following uses shall be permitted in the LI District subject
to the provisions of this article.
Accessory Uses (Clearly incidental to a permitted use and which will not create a
nuisance or hazard and cannot be occupied or rented, must meet the requirements
of the district.) Accessory buildings must be placed at least 6' from the rear and
side property line. Accessory buildings larger than 10' X 10' must be placed at
least 15' from the rear and side property lines.
Automobile Repair and Service
Bakery Plants
Carpenters and Cabinet Makers Shop
Electrical and Industrial Equipment (repair and services)
Off Street Parking Facilities
Public Buildings and Utilities
Storage Yard for Building Materials (or contractor's construction equipment)
Storage Facilities
Wholesale Businesses
24
H
J

' Assembly, r Electronic Storage, Repair
' Bottling and Canning
Apparel, Drapery Manufacturing
' 3. Conditional Uses: The following uses may be permitted if the Town determines
them not to be objectionable and if the land owner complies with the various
' controls recommended by the Planning Board.
Light Manufacturing not otherwise named herein, provided no operations are
' carried on or are likely to be carried on, which will be detrimental to the health,
safety, or general welfare of the community.
4. Buffer: Where this district abuts a lot in a residential or commercial district or land
occupied by a pre-existing residential or commercial use permitted by this
ordinance, the Town Council shall require the owner of the light industry business
'
property to provide and maintain along the property lines, a continuous visual
buffer. The buffer shall be a compact Evergreen hedge or other type of evergreen
'
foliage hedge or other type of evergreen foliage screening or shall be a combined
fence and shrubbery screen, the latter facing the residential use. The visual buffer
shall be subject to inspection by the Zoning Administrator or by some other duly
appointed inspection officer. The buffer must provide a complete visual block of
'
the light industry operations from the residential or commercial property. The
minimum height for such buffer shall be five feet. The buffer must be approved
'
by the Zoning Administrator before a certificate of occupancy is issued.
5. Lot, Yard, and Height Requirements:
'
Minimum Lot Size 20,000 sq. ft.
Front Yard 30 ft.
Side Yard 15 ft.
Rear Yard 30 ft.
'
Maximum Building Height 3 stories (40 feet)
Parking: Please refer to Article VI of this text.
6. Off Street g
' 7. Signs: Please refer to the appropriate section of the Town of Navassa sign
ordinance.
' 8. Bond Requirement: A performance guarantee will be required in some instances
as a part of the conditional use approval process. Performance bonds, escrow
agreements, and other similar collateral or surety agreements may be acceptable
when such an instrument is required.
' H. Heavy Industrial District, HI
1 v
z�

1
1. Purpose: It is the purpose of the Heavy Industrial District to provide for the
orderly separation of intense industrial uses from commercial and residential '
development. This separation will help to avoid having people unnecessarily
exposed to nuisance and pollution factors.
2. Permitted Uses: None '
3. Conditional Uses: All HI uses are conditional uses. The following uses are
'
permitted uses if the Town determines them not to be objectionable and if the land
owner complies with the various controls recommended by the Planning Board.
'
Accessory Building Uses: Clean incidental to a conditional use which will not
cces ry g y ,
create a hazard and cannot be occupied or rented and must meet the requirements
of this district.
'
Agricultural Processing (fruit, tobacco, grains, vegetables)
Apparel and Drapery Manufacturing
Wholesale Businesses
,
Beverage Manufacturing
Boat Building and Repair
,
Brick and Clay Tile, Brick and Block Manufacturing
Communications, Electronic, Electrical Equipment Manufacturing
Heavy Equipment Manufacturing
,
Tools and Hardware Manufacturing
Electric Generating Plants
Engines and Turbine Manufacturing
'
Fabrication of Metal Products and Manufacturing
Farm Products Warehousing and Storage
Fertilizer Manufacturing
'
Rugs, Carpet Manufacturing
Gum and Wood Chemicals Manufacturing
House and Office Furnishings and Equipment Manufacturing
'
Ice and Cold Storage Plants
Kennels
'
Motor Freight Garaging and Equipment Maintenance
Petroleum Bulk Stations and Terminals - Wholesale
Sawmills and Planning Mills
'
Textile Mills
4. Lot, Yard, and Height Requirements: I
Minimum Lot Size
10,000 sq. ft.
Front Yard
30 ft.
'
Side Yard
15 ft.
Rear Yard
30 ft.
Maximum Building Height
3 stories
'
26

1
1
1
1
1
1
1
5. Off Street Parking: Please refer to Article VI of this text.
6. Signs: Please refer to the appropriate section of the Town of Navassa sign
ordinance.
7. Bond Requirement: A performance guarantee will be required in some instances
as a part of the conditional use approval process. Performance bonds, escrow
agreements, and other similar collateral or surety agreements may be acceptable
when such an instrument is required.
8. Buffer: Where this district abuts a lot in a residential of commercial district or land
occupied by a pre-existing residential or commercial use permitted by this
ordinance, the Town Council shall require the owner of the heavy industry business
property to provide and maintain along the property lines, a continuous visual
buffer. The buffer shall be a compact evergreen hedge or other type of evergreen
foliage hedge or other type of evergreen foliage screening or shall be a combined
fence and shrubbery screen, the latter facing the residential use. The visual buffer
shall be subject to inspection by the Zoning Administrator or by some other duly
appointed inspection officer. The buffer must provide a complete visual block of
commercial operations from the residential or commercial property. The minimum
height for such buffer shall be five feet. The buffer must be approved by the
Zoning Administrator before a certificate of occupancy is issued.
I. Planned Unit Development District, PUD
1. Purpose: The PUD District is established for the purpose of permitting greater
flexibility than would normally be allowed in a particular Residential District, in
the area, yard, space, height and density requirements for construction and
development of residential areas; and, therefore, to promote and encourage more
creative amd imaginative site planning and design than would be possible if such
construction and development were in strict compliance; with the requirements for
the particular district. It is further the purpose of this district to promote more
economical and efficient use of land while providing a harmonious variety of
housing choices, a higher level of urban amenities, and preservation of the natural
scenic qualities of open space.
2. Permitted Uses: The PUD District may contain any use permitted in the OAR,
AF, R-20, R-15, R-10, MFR, and C districts subject to location and construction
being on strict compliance with required plans and permits.
3. Conditional Uses: None
4. Lot, Yard, and Height Requirements: See Design Standards
5. Design Standards:
27

'
a. Area Requirements -
equine ents a gross land area of ten acres or more shall be
required in all PUD DISTRICTS.
b. Density Limitation - The maximum residential density shall be 20 dwelling
units for any given residential area. Subject to this limitation, average
,
development density shall be chosen prior to application for rezoning and
shall be designated on a Master Land Use Plan for the project.
,
C. Setback and Height - No building erected in any PUD DISTRICT shall
exceed 35 feet in height. No building shall be erected, reconstructed,
altered, or moved within thirty-five feet of the property line such building
'
faces. No building shall encroach upon the right-of-way of a publicly
maintained street, a proposed thoroughfare shown in an officially adopted
thoroughfare plan, or a private vehicular or pedestrian way in common
'
ownership.
d. Building Separation - Within a PUD DISTRICT the minimum required
separation between buildings shall be determined by the relationship
between the height of adjacent buildings and the horizontal distance between
'
vertical projections of such adjacent buildings.
For the purpose of this section: a vertical projection is any part of any '
exterior wall of a principal or accessory building, extending outward from
such exterior wall at an angle of less than 180 degrees, the horizontal
distance is equal to the distance, measured anywhere, between imaginary ,
lines drawn perpendicular to the ground and tangent to the outermost points
of vertical projections of adjacent buildings. The minimum required
separation between adjacent buildings is set out in the following table. '
MINIMUM REQUIRED SEPARATION
BETWEEN ADJACENT BUILDINGS '
Minimum horizontal distance '
Height of taller building between vertical projections
20 feet or less
16 feet '
between 20.1 and 25.0 feet
25 feet
between 25.1 and 30.0 feet
30 feet
between 30.1 and 35.0 feet
40 feet '
e. Open Space - In any PUD DISTRICT, a minimum of twenty percent of the
total land area shall be reserved as open space. Any area or segment of '
land less than eight feet in width may not be included in calculating the
minimum open space reservation unless such land is clearly a part of an ,
open space system, such as a pedestrian walkway.
v I

' A minimum of twenty-five Percent of the required open space shall be
' developed for active recreational purposes, such as tennis courts, ball fields,
or playgrounds.
' Provisions for continuous maintenance of open space, specifically including
that developed for active recreational purposes, shall be made by the
developer either through proposed dedication to the Town of Navassa, if
' acceptable, or through the establishment of a private homeowners
association.
'
L Transitional Use Area - In order to insure compatibility with adjoining
land uses and districts, a transitional use area, fifty feet in depth, shall be
established along with exterior property lines of any PUD DISTRICT.
Where the exterior property lines of a PUD DISTRICT are adjacent to
Residential uses, only residential uses may be permitted within the
'
transitional use area. Where the exterior property lines of a PUD
DISTRICT are adjacent to C, and LI DISTRICTS, the transitional use area
shall be a buffer zone and meet the standards for buffer zones as defined by
'
this ordinance.
6. Off street Parking: Please refer to Article VI of this text.
t7.
Signs: Please refer to the appropriate section of the Town of Navassa sign
ordinance.
'
8. Master Land Use Plan Requirement:
'
a. Purpose - The Master Land Use Plan (LUP, herein) is intended to be the
primary supporting proof, and shall demonstrate, when considered in its
entirety or by its separate components, (if the proposed PUD DISTRICT
'
is established and developed), that the purposes of this Ordinance and the
purposes of this Section are met.
b. Criteria for Review by the Planning Board and the Town Council - In
reviewing the LUP and making recommendations thereon, the Planning
Board and Town Council shall consider and be guided by the following
criteria:
1) the compatibility of the proposed project with the surrounding
districts and land uses;
'
2) the effectiveness of the proposed project in providing more
economical and efficient use of land;
'
3) the effect of the proposed project on the ability of the town and
county to provide public facilities or services;

a
C.
4) the effectiveness of the proposed project in providing and preserving
open space, the scenic quality of the site, and recreational
opportunities;
5) the degree to which the project will provide a more desirable
development and living environment than would be possible under
conventional District requirements.
Contents - In addition to the information required in the application for
rezoning, the LUP shall include the following:
1) a map, drawn to a scale no less than one inch to 40 feet, showing
the approximate location, size, and arrangement of existing and
proposed:
- open space areas, active and passive recreational areas;
- buffer zones and,transitional use areas;
- neighboring land uses and zoning districts;
- systems and easements for water, sewers, and drainage;
- streets, sidewalks, and parking lots;
- vehicular and pedestrian circulation systems;
- access for emergency vehicles and refuse collection
equipment;
- structures, building, roads, easements, and land uses;
- order of development of areas to be developed in sequential
order;
- vegetation;
- nonresidential land uses, buildings, and structures;
- all single and/or multi -family dwelling units.
2) a, copy of any declarations to be recorded under the "Unit
Ownership Act";
3) any covenants creating a homeowner's association;
4) plans for the construction and location of water distribution and
sewage disposal systems and certification, as may be required, from
appropriate governmental agencies that such plans comply with
applicable Federal, State, County, or Town statutes and regulations.
Procedural Requirements for Establishment of PUD DISTRICTS and
Development of PUD Projects:
a. Approval of Master Land Use Plan (LUP) and Rezoning Application -
A PUD DISTRICT may be established only after amendment to the Official
Zoning Map under the same procedural requirements and standards of
30

0
1
review as any other rezoning application; provided, however, that the
following additional standards and procedures shall apply to PUD
DISTRICT applications:
1) Twelve (12) copies of a Master Land Use Plan, as described above
shall be submitted to the Planning Board with the rezoning
application;
2) The Planning Board, after review of the LUP and application, shall
submit its recommendation to the Town Council;
3) The Town Council shall, after consideration of the application, the
LUP, the recommendations of the Planning Board, and the criteria
set out in the Sections above either approve or disapprove the plan
and application.
b. Approval of Site Plan and. Issuance of Building Permits - No
construction, excavation, or clearing shall be commenced, or any Building
Permit issued within any PUD DISTRICT which does not conform to an
approved Site Plan. The procedures for approval of a Site Plan are as
follows:
1) The Site Plan shall be submitted to the Planning Board for its review
and recommendation within 90 days after the Town Council's
approval of the LUP and amendment to the Official Zoning Map;
2) The Planning Board, after review of the Site Plan in accord with the
purposes and standards shall submit its recommendation to the Town
Council.
3) The Town Council, after consideration of the Site Plan, the
recommendations of the Planning Board, and the purposes and
standards of this Ordinance shall either approve or disapprove the
Site Plan.
' C. Authority to Impose Conditions and Modify LUP or Site Plan- In order
to promote the purposes of this Ordinance and Section, the Town Council
is authorized to impose such reasonable conditions, make reasonable
modifications, or require additional information that it may reasonably
need, prior to approval of any LUP or Site Plan.
10. Site Plan:
a. Purpose - A . Site Plan is intended to insure that a proposed PUD
development is actually constructed and developed in accordance with the
approved LUP.
31
I

b. Criteria for Review by Planning Board and Town Council- In reviewing
a Site Plan, the Planning Board and Town Council shall consider and be
guided by the following criteria:
1) The degree to which the proposed Site Plan actually implements the
LUP;
2) The effectiveness of the proposed Site Plan in meeting the
established criteria;
3) The effectiveness of the proposed Site Plan in promoting the
purposes of this ordinance and section.
C. Contents and Forms - Site Plans, or any portion thereof, shall be;
1) drawn to a scale no less than one inch equals 40 feet;
2) prepared and certified by a registered architect, landscape architect,
engineer, or land surveyor;
3) drawn accurately enough to permit any point on the plan to be
readily identified on the ground. Twelve (12) copies of a Site Plan
shall be submitted to the Planning Board, each of which shall show
the following;
11. General Delivery:
The boundary of the property by courses and distances, area, and present
zoning of the tract.
The names and abutting recorded subdivisions, and owner and present use
of all abutting property.
- Widths and names of abutting streets and alleys.
All dimensions, both linear and angular, for locating boundaries of the
tract, lots, streets, alleys, public easements, and private easements.
Date, north arrow, scale, number of sheets.
- Name and address of the owner or owners of the tract and the name of the
applicant.
All building restriction lines, highway setback lines, easements, covenants,
reservations, and rights -of -way.
32

- Existing topography with a maximum of two -foot contour intervals.
t-
Soil
types and geology of the site.
- Name, address, signature, and registration number of the professional
preparing the plan.
'
12. Existing Improvements and Features:
- Sidewalks, streets, alleys, and easements.
- Buildings and structures.
'
Driveways, loading
- entrances, exits, parldng areas, and spaces.
'
- Sanitary sewer systems.
- Water mains and fire hydrants.
'
- Gas, power, cable TV and telephone lines.
'
- Recreation areas.
- Storm drainage systems to include natural and artificial water courses.
- Limits of flood plains.
'
13. Proposed Improvements:
'
- All proposed streets and alleys and the boundaries of all other portions
intended to be dedicated to public use.
'
- Buildings and structures to include:
a. distance between buildings (to scale)
b. number of stories
C. number of dwelling units
'
d. height of buildings
- Driveways, entrances, exits, parldng areas, and loading spaces including the
'
total number of parldng and loading spaces.
- Sanitary sewer systems.
'
- Water mains and fire hydrants.
'
33

Gas, power, cable TV, and telephone lines.
Landscaping.
Recreation and open space areas.
Plans for collecting and depositing storm water and the method of treatment
of natural and artificial water courses including the delineation of any
proposed limits of flood plains.
Proposed grading schedule, including time of the year when grading will
be in progress.
- Finish grading with a maximum of two -foot contour intervals.
Location of refuse disposal facilities and type.
14. Required Improvements:
Designation of pedestrian walkways.
Construction of vehicular traffic lanes or driveways which will permit
vehicular travel on the site and to and from adjacent parking areas and
adjacent property.
Connection wherever possible of all walkways, travel lanes, and driveways
with similar facilities in adjacent developments.
Screening, fences, wall, curbs and gutters, buffer zones, as required by the
Town or by the State Highway Commission.
Easements of rights -of -way for all facilities to be publicly maintained,
provided that each easement shall be clearly defined for the intended
purpose.
Extension or construction of service roads and access thereto on site
bordering a state primary highway.
- Dedication or reservation of land for streets and service roads and the
construction thereon.
J. Manufactured Home Overlay District (MHO District)
1. Purpose: It is the purpose of this district to permit alternative housing
arrangements for the citizens of the Town of Navassa Zoning Jurisdiction that are,
34

1
in most cases, more affordable than conventional single family housing. Such
housing, commonly referred to as mobile homes or manufactured housing may be
permitted in "overlay districts" provided that the following regulations are
followed:
2.
Permitted Uses: Only Class A and Class B Manufactured homes are permitted.
Class A and Class B as defined in this ordinance.
'
3.
Conditional Uses: None
'
4.
Lot, Yard, and Height Requirements: All uses including Overlay District uses
must comply with the restrictions of the district.
'
5.
Off Street Parking: All uses must comply with regular district requirements.
Refer to Article VI of this text.
'
6.
Signs: All Signs must comply with regular district requirements. Refer to the
'
appropriate section of the Town of Navassa sign ordinance.
'
7.
Special Requirements:
'
a. All manufactured homes must meet the requirements of the Minimum North
Carolina State Standards for Manufactured Housing.
'
b. Structures must have wheels, axles, and moving hitch removed and
structures placed on a permanent foundation.
'
C. Steps, porches, decks, roof lines, etc. must be in general conformance with
surrounding property.
'
d. The structure must be secured to meet specified local wind conditions.
'
e. All means of ingress and egress must be designed and constructed to meet
state and local requirements.
'
f. Structures must be underpinned before issuance of certificate of occupancy.
g. Mobile Homes will be underpinned with either vinyl or masonry (brick or
'
block) material.
'
h. The front door of the manufactured home must face the street.
i. Above conditions must be met before a certificate of occupancy will be
'
issued.
'
35
i"
MENEW

K. Manufactured Home Park (Residential) M1H'
Manufactured home park regulations are established to encourage well planned, attractive
land development in the Town of Navassa by providing fair standards and beneficial
requirements for the sitting, operation, and maintenance of manufactured homes.
1. Application to construct a manufactured home park ,
(a) Application: Prior to the construction of a manufactured home park, the
builder shall make application to the Zoning Administrator for a permit to '
construct such a park. The application shall include a plan of the proposed
park, which shall be reviewed by the Planning Board for compliance with
the requirements of this Ordinance before making a written '
recommendation to the Town Council.
(b) Required Information: The following information shall be submitted with I
the application for a permit to Construct a manufactured home park:
1) A complete site plan of the park, showing streets, driveways, ,
walkways, recreation areas, manufactured home spaces, vehicular
parking spaces, buildings, street lighting, and the location and types '
of screening, fences, hedges, or buffers.
2) Plans of proposed layouts and connections for sewers, water, storm I
drainage, and other utilities.
3) Where public water or public sewage is not available, a written '
statement from the Brunswick County Health Department indicating
that the park has sufficient land area and adequate soil conditions to
accommodate the proposed water supply and sewage disposal '
systems.
4) The name of the park, names and addresses of the owner or owners, '
and the designer of the park.
5) A vicinity map showing the location of the manufactured home park '
in relation to other existing land uses within the general area.
2. Manufactured home park site requirements '
a) Manufactured home park site: All manufactured home parks shall be I
located on a site of not less than four (4) acres.
b) Manufactured home space: The minimum manufactured home space in '
a manufactured home park shall be 4,000 square feet. Manufactured homes
shall be placed on these spaces so that there shall be at least twenty (20) feet
36

side clearance and twenty (20) feet end clearance between units.
Furthermore, no manufactured home, trailer, or building used in
' conjunction with a manufactured home park shall be located closer than
twenty-five (25) feet to any adjoining property line. Not more than one
' manufactured home per lot is allowed.
c) Access: All manufactured home spaces shall abut upon a driveway of not
' less than forty (40) feet in right-of-way width. Such driveways shall have
unobstructed access to a public street or highway. All driveways shall be
hard surfaces and the minimum width of such driveways shall be well
' marked and lighted in the manufactured home parks. All manufactured
home lots must enter and exit the park through the use of the interior road
network of the park; no direct access to public roads from a lot shall be
' allowed.
d) Off-street parldng: At least two (2) off-street parking spaces shall be
constructed and maintained for each manufactured home space and shall be
located so as not to interfere with the movement of vehicles on streets or
' access drives. Each parking space shall be at least ten (10) feet by twenty
(20) feet in dimensions and may be included within the 4,000 square feet
required for each space.
e) Recreation space: At least two hundred (200) square feet of usable land
per manufactured home space shall be reserved by the manufactured home
' park owner for play or recreation usage and aggregated in suitable
locations.
'
f)
Curtaining. All manufactured homes shall be curtained around their base
and this shall extend around their entire circumference. This curtain wall
shall be either masonry or vinyl siding.
3. Utility ity and garbage disposal requirements
'
a)
Water supply: Every manufactured home shall be provided with a supply
of water for domestic purposes from a source approved by the Brunswick
tCounty
Health Department.
b)
Sewage disposal: Every manufactured home shall be provided with an
'
adequate sewage disposal system by connection to a public sewage system
or a septic tank system constructed in compliance with State regulations and
approved by the Brunswick County Health Department.
'
c
Garbage disposal: All garbage and refuse in every manufactured home
'
park, after removal from the manufactured home, shall be stored in suitable
watertight and flytight metal or heavy duty plastic receptacles which shall
be covered with fitted lids and enclosed in an animal proof rack. The
1 _
37
t

manufactured home park owners or operators shall be responsible for the
sanitary disposal of all refuse.
d) Buffer zone: An evergreen vegetation and fence buffer at least six (6) feet
high and three (3) feet wide shall be constructed and maintained around the
entire perimeter of the manufactured home park with the exception of the
points of ingress and egress.
Article IV. Administration
I. Added Requirements: The following requirements qualify or supplement, as the case
may be, the zone regulations or requirements appearing elsewhere in this ordinance:
A. Public or semi-public buildings, hospitals, sanatoriums, schools and churches or
temples, where permitted in a zone, may be erected to a height not exceeding 3
stories (40 feet).
B. Chimneys, water tanks or towers, penthouses, scenery lofts, elevator bulkheads,
stacks, ornamental towers or spires, wireless or broadcasting towers, or
monuments, cupolas, domes, false mansards, parapet walls, similar structures, and
necessary mechanical appurtenances may be erected to a height in accordance with
existing or hereafter adopted ordinances.
C. Every part of a required yard shall be open from its lowest point to the sky
unobstructed. I
D. There shall be erected only one principle building and its accessory buildings on
one lot except in the following:
1. Any bona -fide farm
2. Any existing lot presently zoned Agriculture/Forestry (AF).
E. No building, structure or use of land other than agriculture purposes shall be
established on a lot which does not abut a dedicated public street or which has a
dedicated easement for ingress and egress.
H. Conditional Uses
A. Purpose:
The development and execution of this ordinance is based upon the division of the
community into districts within which districts the use of land and buildings and
structures in relation to the land, are substantially uniform. It is recognized,
however, that there are certain uses which, because of their unique characteristics
cannot be properly classified in any particular district or districts, without
U
E
P-j
38

consideration, in each case, of the impact of those uses upon neighboring land and
of the public need for the particular use in the particular location. Such conditional
' uses fall into two (2) categories:
' 1. Uses publicly operated or traditionally affected with a public interest.
2. Uses entirely private in character, but of such an unusual nature that their
operation may give rise to unique problems with respect to their impact
upon neighboring property or public facilities.
' B. Initiation of Conditional Uses
' Any person having a freehold interest in land, or a possessory interest entitled to
exclusive possession, or a contractual interest which may become a freehold
interest or an exclusive possessory interest, and which is specifically enforceable,
' may file an application to use such land for one or more of the conditional uses
provided for in this Ordinance in the zoning district in which land is located.
' C. Application for Conditional Use:
An application for a conditional use shall be filed with the Zoning Administrator
' on a form prescribed by the Zoning Administrator. The application shall be
accompanied by such plans and/or data prescribed by the Planning Board and shall
include a statement in writing by the applicant and adequate evidence showing that
' the proposed conditional use will conform to the standards set forth below
hereinafter. Such application shall be forwarded from the Zoning Administrator
to the Planning Board with a request for review of said application and
' accompanying data and submission of a written recommendation thereon to the
Town Council.
D. Hearing on Application:
' Upon receipt in proper form of the written recommendations referred to above, the
Town Council shall hold at least one public hearing on the proposed conditional
use.
' E. Authorization:
' For each application for a conditional use, the Planning Board shall report to the
Council its findings and recommendations, including the stipulations of additional
' conditions and guarantees that such conditions will be complied with when they are
deemed necessary for the protection of the public interest. If an applicant for a
proposed conditional use is not approved by the Town Council within ninety (90)
' days of the date upon which such application is received by the Town Council, it
shall be deemed to have been denied.
39

F.
lei
Standards:
No conditional use shall be recommended by the Planning Board unless such Board
shall find:
1. That the establishment, maintenance, or operation of the conditional use
will not be detrimental to or endanger the public health, safety, morals,
comfort, or general welfare.
2. That the conditional use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purposes already permitted,
nor substantially diminish and impair property values within the
neighborhood.
3. That the establishment of the conditional use will not impede the normal
and orderly development and improvement of the surrounding property for
uses permitted in the district.
4. That the exterior architectural appeal and functional plan of any proposed
structure will not be so at variance with either the exterior architectural
appeal and functional plan of the structures already constructed or in the
course of construction in the immediate neighborhood or the character of
the applicable district, as to cause a substantial depreciation in the property
values within the neighborhood.
5. That adequate utilities, access roads, drainage and/or necessary facilities
have been or are being provided.
6. That adequate measures have been or will be taken to provide ingress and
egress so designed as to minimize traffic congestion in the public streets,
and
7. That the conditional use shall, in all other respects, conform to the
applicable regulations of the district in which it is located, except as such
regulations may, in each instance, be modified by the Town Council
pursuant to the recommendations of the Planning Board.
Conditions and Guarantees:
Prior to the granting of any conditional use, the Planning Board may recommend,
and the Town Council may stipulate, such conditions and restrictions upon the
establishment, location, construction, maintenance, and operation of the conditional
use as is deemed necessary for the protection of the public interest and to secure
compliance with the standards and requirements specified above. In all cases in
which conditional uses are granted, the Town Council shall require such evidence
LIC,

and guarantees as it may deem necessary as proof that the conditions stipulated in
' connection therewith are being and will be complied with.
M. Non -Conforming Uses
' A. The lawful use of a "building" existing at the time of the passage of this ordinance
shall not be affected by this ordinance, although such use does not conform to the
provisions of this ordinance; and such use may be extended throughout the
building, provided no structural alterations, except those required by law or
ordinance or ordered by an authorized officer to secure the safety of the building,
' are made therein, but no such use shall be extended to occupy any land outside
such building. If such nonconforming building is removed or the nonconforming
' use of such building is discontinued for a continuous period of not less than one
hundred and eighty (180) days, every subsequent use of such premises shall be in
conformity with the provisions of this ordinance.
' B. The lawful use of "land" existing at the time of the passage of this ordinance,
although such use does not conform to the provisions of this ordinance, shall not
' be affected by this ordinance; provided, however, that no such nonconforming use
shall be enlarged or increased, nor shall any nonconforming use be extended to
occupy a greater area of land than that occupied by such use at the time of the
' passage of this ordinance. If such non -conforming use is discontinued for a
continuous period of not less than one hundred and eighty (180) days, any future
use of said land shall be in conformity with the provisions of this ordinance.
C. Change in kind of non -conforming use:
I
1. A non -conforming use may be changed to a conforming use. Thereafter,
the property may not revert to a non -conforming use.
' 2. A non -conforming use may be changed to another non -conforming use only
in accordance with a use permit issued by the Board of Adjustment. The
Board shall issue such a permit if it finds that the proposed use will be more
I
compatible with the surrounding neighborhood than the use or combination
of uses in operation at the time the permit is applied for.
' In permitting such change, the Board of Adjustment may require
appropriate conditions and safeguards in accordance with the provisions of
' this ordinance.
This provision does not invalidate Section III A and B above.
' D. Minimum Single Lot Requirements: Where the owner of a lot at the time of the
adoption of this ordinance or his successor in title thereto does not own sufficient
41

land to enable him to conform to the dimensional requirements of this ordinance,
such lot may be used as a building site for a single-family residence in a district
in which residences are permitted; provided, that the yard dimensions and
requirements other than those applying to area or width or both shall not be
reduced below the minimum specified in this ordinance and further provided if a
septic tank is used that the Brunswick County Health Department has approved the
dimensional requirements reduction. Variance from dimensional requirements
other than those related to lot width and area shall only be granted by the Board of
Adjustment in consideration of appeals from the decision of the Zoning
Enforcement Officer and, when applicable, if the Brunswick County Health
Department submits a letter of approval. Minimum Multi -Lot Requirements: If
two or more adjoining and vacant lots on record are in a single ownership at any
time after the adoption of this ordinance, such lots shall be considered as a single
lot or several lots which meet the minimum requirements of this ordinance for the
district in which such lots are located. No portion of said parcel shall be used or
sold which does not meet the area and width requirements established by this
ordinance nor shall any division of the parcel be made which leaves any lot
remaining with width or area below the requirements of this ordinance.
E. Any nonconforming building or any building containing a nonconforming use,
which has been damaged by fire or other causes, may be reconstructed and used
as before if it be done within one (1) year of such damage, unless such building or
structure has been declared by the Building Inspector to have been damaged to an
extent exceeding sixty (60) percent of its appraised value at the time of destruction.
If the physical structure of the building is damaged to a degree greater than sixty
(60) percent, future use of the building and site must be in conformance with the
zoning district regulations. The only exception to the 60 percent damage clause
will be single family dwelling units on lots of record at the time of the adoption of
this ordinance. Those structures may be replaced if damaged to any degree.
r
1
1
I
IV. Board of Adjustment I
A Board of Adjustment is hereby established. In succeeding paragraphs the word "Board" '
shall mean the Board of Adjustment. Said Board shall consist of five (5) regular members
and two (2) alternate members. Appointments shall be made in the following manner:
a) Regular Members: ,
There are five (5) regular members of the Board of Adjustment. The membership '
shall be composed of the Mayor, who shall also act as Chairman, and four (4) of
the five members of the Town Council. (The fifth Town Council member shall
serve as the Zoning Administrator and Chairman of the Planning Board.) All '
members shall be entitled to vote on all issues except in those cases where a
conflict of interest exists. I
42

b) Alternate Members:
' One (1) alternate members shall be appointed from within the Town's corporate
limits. When called to serve in the place of a regular member, an alternate
' member shall have all the rights and responsibilities of the regular member,
including a right to vote on all issues brought before the Board. Appointments for
the alternate member shall be for a term of three (3) years. All appointments to fill
vacancies shall be for the unexpired term.
c) A Quorum: A quorum shall consist of four (4) members.
' A. All meetings of the Board shall be held at a regular lace and be n to the public. The
g � P �
' Board shall keep minutes of its proceedings in a file maintained for that purpose. The
minutes shall show those members present, the nature of the issue, facts presented as
evidence, findings of fact by the Board, and the decision of the Board (including a record
' by name of each member's vote). The minutes shall be considered public record. No
action shall be taken on any matter unless a gtIorum is present.
' B. An appeal from the decision of the Zoning Administrator may be taken to the Board of
Adjustment by any person aggrieved or any officer, department, board or bureau of the
town affected by such decision. Such appeal shall be taken within a reasonable time as
' provided by the rules of the Board by filing with the officer from whom the appeal is taken
and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The
officer from whom the appeal is taken shall forthwith transmit to the Board all papers
' constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the
officer from whom the appeal is taken certifies to the Board that by reasons of facts stated
in the certificate a stay would in his opinion cause imminent peril to life or property. In
' such case proceedings shall not be stayed otherwise than by restraining order which may
be granted by the Board or by a court of record on application of notice to the officer from
whom the appeal is taken and on due cause shown.
' C. The Board of Adjustment shall have the following powers:
1. To hear and decide appeals where it is alleged that there is error in any order,
requirement, decision or determination made by the Zoning Administrator. The
concurring vote of four fifths of the Board shall be necessary to reverse any order,
requirement, decision or determination of the Zoning Administrator to decide in
favor of the applicant any matter which it is required to pass under the zoning
' ordinance or to effect any variation in such ordinance.
2. To permit a temporary building for business or industry in the residential zone,
which is incidental to the residential development, such permit to be issued for a
period of not more than one (1) year.
43

'
3. To permit a garage, other than private
pe g g , a p vate garage, but for storage purposes only, as
an accessory building to a hotel, hospital or similar institution in the residential
zone where it is deemed necessary for the public convenience or welfare and where
'
this can be done without substantially derogating from the intent and purposes of
this ordinance.
'
4. To authorize upon appeal in specific cases variance from the terms of this
ordinance as will not be contrary to the public interest where, owing to special ,
conditions, a literal enforcement of the provisions of this ordinance will result in
undue hardship, and so that the spirit of this ordinance shall be observed and
substantial justice done. '
In considering all proposed variations of this ordinance, the Board shall before
making any finding in a specified case, first determine that the proposed variation
,
will not constitute any change in the zones shown on the zoning map and will not
impair an adequate supply of light and air to adjacent property, or materially
increase the public danger of fire, and safety, or materially diminish or impair
'
established property values within the surrounding area, or in any other respect
impair the public health, safety, morals, and general welfare.
,
In granting a variance the Board may attach thereto such conditions regarding the
location, character and other features of the proposed building, structure or use as
'
it may deem advisable in furtherance of the purposes of this ordinance.
Before a variance is granted, it shall be shown that special circumstances attach to
'
the property which does not generally apply to other property in the neighborhood.
A variance may be granted only when the practical difficulty of undue hardship
complained of is due to the particular characteristics of the property and not to the
'
general conditions of the neighborhood which may reflect an undue stringency of
the ordinance itself. A hardship peculiar to the applicant, as distinguished from
others affected by the general rule, must be shown. The fact that property may be
'
utilized more profitably will not be considered adequate to justify the Board in
granting a variance. (Economic circumstances do not constitute grounds for a
,
variance.)
D. Any person or persons, jointly or severally, aggrieved by any decisions of the Board, or '
any taxpayer, or any officer, department, board or bureau of the Town of Navassa may
within thirty (30) days after the filing of the decision in the office of the Board, but not
thereafter, present to a court of competent jurisdiction, a petition duly verified, setting '
forth that such decision is illegal, in whole or in part, specifying the grounds of illegality,
whereupon such decision of said Board shall be subject to review as provided by law.
V. Certification of Occupancy
No land shall be used or occupied, except for agricultural purposes, and no building '
hereafter structurally altered or erected shall be used or changed in use until a certificate
44

of occupancy shall have been issued by the Building Inspector stating that the building
' and/or the proposed use therefor complies with the provisions of this ordinance. A like
certificate shall be issued for the purpose of maintaining, renewing, changing, or extending
a nonconforming 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 certificates shall be kept on file in the office of the Zoning Administrator and
copies shall be furnished on request to any person having a proprietary or tenancy interest
in the building erected. No permit for excavation for, or erection of, any building or part
' of a building, or for repairs to, or alteration of, a building shall be issued until after a
statement of its intended use has been filed by the applicant.
' VI. Plats
' Each application for a building permit shall, if required by the Town Council, be
accompanied by a plat in duplicate, drawn to Scale, showing accurate dimensions of the
lot to be built upon, accurate dimensions of the building to be erected, the location on the
' lot, and such other information as may be necessary to provide for the enforcement of this
ordinance. A careful record of such applications and plats shall be kept in the office of
the Zoning Administrator.
' VII. Interpretation, Purpose and Conflict
' In the interpretation and application of the provisions of this ordinance applicants shall be
held to be the minimum requirements for the promotion of the public safety, health,
' convenience, prosperity and general welfare. It is not intended by this ordinance to
interfere with or abrogate or annul any easements, covenants or other agreements between
parties, provided, however, that where this ordinance imposes a greater restriction upon
' the use of buildings or premises or upon the height of buildings, or requires larger open
spaces than are imposed or required by other ordinances, rules, regulations, or by
easements, covenants or agreements, the provisions of this ordinance shall govern.
' VM. Changes and Amendments
' The Town Council may amend, supplement or change the text regulations and zoning map
according to the following procedures.
' A. Action by the Applicant
' The following action shall be taken by the applicant:
1. Initiation of amendments: Proposed changes or amendments may be
' initiated by the Town Council, Planning Board, Board of Adjustment, or
by one or more interested parties.
45

2. Application: An applicant for any change or amendment shall contain a '
description and/or statement of the present and proposed zoning regulation '
or district boundary to be applied, and the names and addresses of the
property owner. Such application shall be filed with the Zoning
Administrator not later than ten (10) working days prior to the Planning '
Board meeting at which the application is to be considered.
3. Fee: When a proposed amendment is initiated by individuals or parties '
other than the Town Council, Planning Board,. or Board of Adjustment, a
fee shall be paid to the Town of Navassa, North Carolina, for each
application for an amendment to cover the costs of advertising and other '
administrative expenses involved.
B. Action by the Planning Board I
The following action shall be taken by the Planning Board:
'
1. Planning Board consideration: The Planning Board shall consider and
make recommendations to the Town Council concerning each proposed
Zoning Amendment. The Planning Board may hold hearings as it deems
'
necessary on such matters. Previously denied zoning amendments may be
requested to be heard again only after six months has passed.
'
C. Action by the Town Council
'
1. Notice and public hearings: No amendment shall be adopted by the Town
Council until after public notice and hearing. Notice of such a public
hearing shall be published once a week for two (2) successive calendar
'
weeks in a local newspaper of general circulation in the municipality.
Notice will also be made by posting the property concerned and/or by
mailing notices to the owners of the surrounding property. Previously
'
denied zoning amendments may be requested to be heard again only after
six months has passed.
'
2. Town Council: Before taking such lawful action as it may deem advisable,
the Town Council shall consider the Planning Board's recommendation on
'
each proposed Zoning Amendment. If no recommendation is received from
the Planning Board within forty-five (45) days from the date when
submitted to the Planning Board, the petitioner may take the proposal to the
'
Town Council without a recommendation from the Board. The Town
Council, at the close of public hearing, may defer taking lawful action on
the proposed amendment until it has sufficient time to consider any new
'
evidence or suggestions presented at the public hearing.
3. Protests: In case of protest against any such change signed by the owners
'
of twenty (20) percent or more either of the area of lots included in such
46

proposed change, or of those immediately adjacent thereto in the rear
' thereof or on either side thereof extending one hundred (100) feet
therefrom, or of those directly opposite thereto extending one hundred
(100) feet from the street frontage of such opposite lots, such amendment
' shall not become effective except by favorable vote of three fourths (3/4)
of all the members of the Town Council. No protest petition shall be valid
unless it is: a) written, b) bears the actual signature of the requisite number
' of property owners and states that they protest the proposed amendment,
and c) is received by the municipal clerk in time to allow at least two (2)
normal working days (excluding weekends and legal holidays) prior to the
' public hearing on the amendment, so as to allow time for municipal
personnel to check the accuracy and sufficiency of the petition.
ID. Repeal of Amendment
' In any case where a change of boundary lines of the zoning district map has been
granted, and where no development 4as taken place within one (1) year, the
Planning Board may recommend and the Town Council after notice and public
' hearing thereon, may affirm, or repeal such ordinance, and rezone the property to
the most appropriate district classification.
' IX. validity
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
' held to be invalid, such decision shall not affect the validity of the remaining portions of
this ordinance. The Town Council hereby declares that it would have passed this
ordinance and each section, subsection, clause and phrase thereof, irrespective of the fact
' that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
' X. Enforcement
' The Zoning Administrator is hereby authorized, and it shall be his or her duty to enforce
the provisions of this ordinance. The Zoning Administrator is the Planning Board
Chairman. Appeal from the decision of the Zoning Administrator may be made to the
' Board of Adjustment.
XI. Building Permits Prior to Effective Date
No section of this ordinance shall in an way prohibit, restrict or affect in an manner or
Y YP � Y
' form any person, firm or corporation who has secured a building permit prior to the
effective date of this ordinance.
I
XII. Penalty
47
i^
MEW

Any person, firm or corporation who violates the provisions of this ordinance shall, upon
conviction, be guilty of a misdemeanor and shall be fined not exceeding fifty dollars
($50.00) or imprisoned not exceeding thirty (30) days. Each day that violation continues '
to exist shall be considered a separate offense.
Article V. Provisions of N.C. General Statutes 160A-385.1 '
Establishment of the Vested Right
Legislative/Intent/Purpose: '
The North Carolina General Assembly on July 20, 1990, ratified Senate Bill 766 as Chapter 996 '
of the 1989 Session Laws (1990 Regular Session), to be effective October 1, 1991. This
legislation has been codified as N.C. General Statute 160A-385.1. The law provides for the
establishment of vested rights with respect to site specific development plans that are reviewed and ,
approved in accordance with certain procedures.
The Town of Navassa is authorized and required by NC. General Statute 160A-385.1 to identify '
the specific types of zoning or land use approvals that constitute a site specific development plan
within the meaning of N.C. General Statute 160A-385.1. The purpose of this section of the '
zoning ordinance is to implement the provision of N.C. General Statute 160A-385.1 pursuant to
which a vested right is established upon the approval of a site specific development plan.
A. Definitions '
For the purposes of this ordinance, the words and phrases defined in this subsection shall
'
have the meaning indicated unless otherwise specifically provided, or unless otherwise
clearly required by the context:
'
1. Owner - An owner of a legal or equitable interest in real roe including
Y g � property, rtY� g
heirs, devisees, successors and assigns, having a vested estate, and the agent or
personal representative of such owner. For purposes of this Article, owner shall
,
include a person holding a valid and recorded option to purchase the real -property
with respect to which he seeks to establish a vested right.
'
2. Site specific development plan - A plan that has been submitted to the Town by an
owner, describing with reasonable specificity the type and intensity of use for a
,
specific parcel or parcels of property. At a minimum, such plan must include the
approximate boundaries of the site; significant topographic and other natural
features affecting development of the site; approximate location on the site of
'
proposed buildings, structures and other improvements; approximate dimensions,
including height, of the proposed buildings and other structures; and the
approximate location of all existing and proposed infrastructure on the site,
'
including water, sewer, roads, and pedestrian walkways. Included within this
definition are plans submitted pursuant to the following specific provisions of the
Town Code, and meeting the requirements specified therein: (1) Preliminary
,
subdivision plans as defined in the subdivision ordinance and (2) Conditional Use
'
48

Permit and Planned Unit Developments. A variance shall not constitute a site
' specific development plan, and approval of a site specific development plan with
the condition that a variance be obtained shallnot confer a vested right unless and
until the necessary variance is obtained. Neither a sketch plan nor any other
' document which fails to describe with reasonable certainty the type of and intensity
of use for a specified parcel or parcels of property may constitute a site specific
development plan.
' 3. Vested right - The right of an owner of property to undertake and complete the
development and use of property under the terms and conditions of an approved
' site specific development plan or phased development plan.
' 4. Approval Authority - The approval authority for the establishment of vested rights
shall be the Navassa Town Council.
' B. Establishment of a Vested Right
1. A vested right shall be deemed established upon the valid approval or conditional
' approval, by the Navassa Town Council, as applicable, of a site specific
development plan following notice and public hearing as provided for by the law.
' 2. The approval authority may approve a site specific development plan upon such
terms and conditions as may be reasonably necessary to protect the public health,
' safety and welfare. Such conditional approval shall result in a vested right being
established; provided, that failure to satisfy any of the terms and conditions so
imposed will result in a forfeiture of vested rights.
' 3. A site specific development plan shall be deemed approved as of the effective date
of the approval authority's final action or adoption of an ordinance relating thereto.
' In the event that applicable ordinance procedures require a site specific
development plan to be approved under the Navassa Zoning Ordinance, such a plan
shall not be deemed approved until all required approvals have been obtained from
I
the appropriate approval authority.
C. Approval Procedures and Approval Authority
' 1. Except as otherwise provided in this Article, an application for sitespecific
P P PP
development plan approval shall be processed in accordance with the procedures
' established by ordinance and shall be considered by the designated approval
authority for the specific type of zoning or land use permit or approval for which
' application is made.
2. Notwithstanding the provisions of subsection 1., if the authority to issue a
' particular zoning or land use permit or approval has been delegated by ordinance
to a board, committee or administrative official other than the Navassa Town
Council, in order to obtain a zoning vested right, the applicant must request in
49

D.
E.
writing at the time of application that the application be considered and acted on
by the Navassa Town Council following notice and a public hearing as provided
in G.S. 160A-364, and in accordance with the procedures set forth in this
ordinance for consideration of Conditional Use Permit requests.
3. In order for a zoning vested right to be established upon approval of a site specific
development plan, the applicant must indicate at the time of application, on a form
to be provided by the Town, that a zoning vested right is being sought.
4. Each map, plat, site plan or other document evidencing a site specific development
plan shall contain the following notation: "Approval of this plan established a
zoning vested right under G.S. 160A-385.1. Unless terminated at an earlier date,
the zoning vested right shall be valid until (date)."
Duration of Vested Rights
1. A vested right established pursuant to this Article shall remain vested for a period '
of two years from the effective date thereof.
2. Nothing in this Article shall be construed to exempt a site specific development
plan with respect to which a vested right has been established from subsequent
review and approvals by the Town to ensure compliance with the terms and
conditions of the original approval as provided for in the original approval or by
applicable Town Code provisions.
3. The establishment of a vested right pursuant to this Article shall not preclude the
application of overlay zoning that imposes additional requirements but does not
affect the allowable type or intensity of use, or ordinances or regulations that are
general in nature and are applicable to all property subject to land use regulation
by the Town, including but not limited to: building, fire, plumbing, electrical and
mechanical codes. New and amended zoning regulations that would be applicable
to certain property but for the establishment of a vested right with respect'thereto
shall become effective upon the expiration or termination of the vested right in
accordance with this Article.
4. Upon issuance of a building permit, the expiration provisions of G.S. 16OA-418
and the revocation provisions of G. S. 16OA-422 shall apply, except that a building
permit shall not expire or be revoked because of the running time while a zoning
vested right under this section is outstanding.
Termination of Vested Rights
A zoning right that has been vested as provided in this Article shall terminate:
1. At the end of the applicable vesting period with respect to buildings and uses for '
which no valid building permit applications have been filed;
;iE

2.
Upon written request or with the written consent of the affected landowner;
'
3.
Upon findings by the Town Council, by ordinance after notice and a public
hearing, that natural or man-made hazards on or in the immediate vicinity of the
'
property, if uncorrected, would pose a serious threat to the public health, safety,
and welfare if the project were to proceed as contemplated in the site specific
development plan;
'
4.
Upon payment to the affected landowner of compensation for all costs, expenses,
'
and other losses incurred by the landowner, including, but not limited to, all fees
paid in consideration of financing, and all architectural; planning marketing, legal,
and other consultant's fees incurred after approval by the Town, together with
interest thereon at the legal rate until paid Compensation shall not include any
diminution in the value of the property which is caused by such action;
'
5.
Upon findings by the Town Council, by ordinance after notice and a hearing, that
the landowner or his representative intpntionally supplied inaccurate information
or made material misrepresentations which made a difference in the approval by
'
the approval authority of the site specific development plan; or
6.
Upon the enactment or promulgation of a State or federal law or regulation that
'
precludes development as contemplated in the site specific development plan, in
which case the approval authority may modify the affected provisions, upon a
'
finding that the change in Stage or federal law has a fundamental effect on the plan,
by hearing.
ordinance after notice and a
' F. Miscellaneous Provisions
1. A vested right, once established as provided for in this Article, precludes any
' zoning action by the Town which would change, alter, impair, prevent, diminish,
or otherwise delay the development or use of the property as set forth in an
approved site specific development plan.
' 2. Nothing in this Article shall prohibit the revocation of the original approval or
other remedies for failure to comply with applicable terms and conditions of the
' approval or the zoning ordinance.
3. A vested right is not a personal right, but shall attach to and run with the land with
' respect to the affected property. All successors in title and interest of the owner
who obtained the vested right shall be entitled to exercise the right.
' G. Voluntary Annexation
' A petition for annexation filed with the Town under G.S. 160A-31 or G.S. 160A-58.1
shall contain a signed statement declaring whether or not any zoning vested right with
respect to the properties subject to the petition has been established under G.S.160A-385.1
51

or G.S. 153A-344.1, or the failure to sign a statement declaring whether or not a zoning
vested right has been established, shall be binding on the landowner and any such zoning
vested right shall be terminated.
H. Limitations
Nothing in this Article is intended or shall be deemed to create any vested right other than
those established pursuant to G.S. 160A-385.1.
I. Repealer
In the event that G.S. 160A-385.1 is repealed, this Article shall be deemed repealed and
the provisions hereof no longer effective.
J. Effective Date
1. This Article will be implemented upon the date of adoption of the Navassa Zoning
Ordinance.
2. A violation of any provisions of this ordinance shall subject the offender to the
penalties set forth in Article IV, Subsection XII, Penalty, of this zoning ordinance.
3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of such conflict.
4. If any section, subsection, paragraph, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed severable and such holding
shall not affect the validity of the remaining portions hereof.
5. This ordinance shall be effective immediately upon its adoption.
52

1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
VESTED RIGHT APPLICATION FORM
CERTIFICATION THAT A STATUTORY ZONING VESTED
RIGHT IS BEING SOUGHT PURSUANT TO G.S. 160A-385.1
As applicant for (identify land use approval or permit that is being sought), I hereby certify that
I am also seeldng to acquire a vested right pursuant to G.S. 160A-385.1 and Article V of the
Town Code.
If the Town Code provides that the approval authority for the type of land use approval or permit
for which I am applying is aboard, committee or administrative official other than the Navassa
Town Council or Board of Adjustment, I understand and agree that my application will be
considered and acted on by the Navassa Town Council, following notice and a public hearing.
Date
53
Applicant
I

Article VI. Off Street Parking Requirements
A. Off Street Parking:
The following off-street parldng space shall be required and maintained:
Uses
Residential use consisting of
one or more dwelling units
Auditorium or Theater
Churches
Clinics, Medical
Elementary Schools and Junior
High School
General or Professional Offices
Required Off -Street Parking,
Two (2) parldng spaces on the
same lot for each dwelling unit.
One (1) space for each four (4)seats in the largest
assembly area.
One (1) parking space for each four (4) seats in the
sanctuary
Four (4) parking spaces for each doctor plus one
(1) parldng space for each employee.
Two (2) parldng spaces for each
classroom and two (2) spaces for each
administrative office, plus ten (10) additional
parldng spaces.
One (1) parldng space for each Offices two
hundred and fifty (250) square feet of gross floor
space.
Golf Course, Par 3 or Three (3) spaces for each hole '
Miniature Golf Course plus requirements for any other use associated with
the golf course, restaurant, etc.
Home Occupations
Hotel
Industrial or Manufacturing
Establishment or Warehouse
,
Two (2) parldng spaces in addition to the
residential parldng requirements.
'
One (1) space for each guest room, suite, or unit
plus one (1) space for each two employees.
'
One and one-half (1-1/2) spaces for each two (2)
employees on shift of greatest employment, one
(1) space for each managerial personnel, one (1)
,
visitor parldng space for each ten (10) managerial
personnel and one (1) space for each vehicle used
directly in conduct of the business.
,

I
Kindergarten or Nursery
One (1) space for each employee and four (4)
spaces for drive-in off-street drop off and pickup.
Motel One (1) space for each unit plus one (1) space for
each two (2) employees plus requirements for any
other use associated with the establishment.
Nursing Homes One (1) parking space for each four (4) beds
intended for patient use, plus one (1) per employee
on largest shift.
Public or Private Clubs
One (1) parking space for. each one hundred (100)
square feet of gross floor space.
' Restaurant or Place Dispensing One (1) space for each three (3) seats plus one (1)
Food, Drink or Refreshments space for Bach two (2) employees.
' Religious Conferences or. One (1) space for each five (5) seats plus one (1)
Assembly Uses space for each two (2) beds.
' Restaurant, Drive -In One (1) space for each three (3) seats plus a
minimum of fifteen (15) spaces for drive-in service
' plus one (1) space for each two (2) employees.
Retail Use Not Otherwise Listed One (1) parking space for each four hundred (400)
' square feet of gross floor area
Senior High School One (1) parking space for each five (5) students for
' which the building was designed, two (2) parking
spaces for each classroom and two (2) spaces for
each administrative office, plus ten (10) additional
' parking spaces.
' If the required parking space cannot be reasonably provided on the same lot or premises, such
required space may be provided on another lot or premises separated therefrom by not more than
five hundred (500) feet, provided, such lot is located in a zone in which such use is permitted.
1 In accordance with the foregoing provisions, off-street parking space shall be provided as set out
above, and a required parking space shall be an area not less than nine (9) feet by twenty (20) feet.
55

Article VII. Handicapped Parking Requirements
In addition to the use requirements for off-street parking detailed in number 1 above, a minimum
of one (1) parking space for the handicapped shall be provided at governmental buildings, public '
or quasi -public buildings, professional offices, clinics, short and long term care facilities,
commercial facilities and any triplex residential units. An additional handicapped space shall be
provided in parking areas for each additional twenty-five (25) spaces above the initial twenty-five '
(25) spaces. Each space must be a minimum of 12' 6" wide and be visibly marked.
The handicapped parking sign must meet State sign requirements. The State approved sign which '
can be purchased through safety equipment companies is designated R7-8 or R7-8a. As of January
1, 1991, the State of North Carolina requires each handicapped parking sign to include a statement '
indicating there is a $100 penalty imposed on anyone violating handicapped parking laws.
(See illustrations in the Appendix)
C

Article VIII. Bylaws for the Operation of the Town Of Navassa Planning Board
A.
B.
C.
1
1
1
1
General Rules:
The Town of Navassa Planning Board was created by a local Ordinance. The Planning
Board shall be governed by that Ordinance and Chapter 160A, Article 19, of the General
Statutes of North Carolina, and these Bylaws.
Members and Terms of Office:
The Planning Board shall consist of five members. All five members shall be citizens and
residents of the Town of Navassa and shall be appointed by the Town Council. Two of
the initial members shall be appointed for a term of one year; two, for two years; and one
for three years. Their successors shall be appointed for terms of three years. Vacancies
occurring for reasons other than expiration of terms shall be filled as they occur for the
period for the unexpired term. Members may be removed for cause by the Navassa Town
Council. N
Officers and Duties:
A. Election of Officers: The Planning Board shall organize and elect a chairman,
vice-chairman, and secretary at the regular meeting in January. All officers may
succeed themselves.
B. The Chairman: The chairman shall preside at all meetings and public hearings of
the Planning Board; shall decide on all matters of order and procedure; shall
appoint any committees necessary to study specific matters; shall develop a meeting
agenda; and shall provide the Navassa Town Council with an annual report of
Planning Board activities by May 30th of each year.
C. The Vice -Chairman: In the absence of the chairman, the vice-chairman shall
perform all duties assigned to the chairman.
D. The Secretary: The secretary is charged with keeping the minutes of all regular
meetings, special meetings, andpublic hearings calledby the Planning Board. The
secretary, after conferring with the chairman, shall send notices of all regular
meetings, special meetings and public hearings at least four (4) days in advance of
the meeting and shall notify members by phone at least twenty-four (24) hours in
advance of special or emergency meetings. In addition, the secretary shall carry
on routine correspondence and maintain the Planning Board's records and files.
The Secretary to the Planning Board will be a member of the Planning Board.
E. The Building Inspector: Inspections will be provided by Brunswick County.
57

D. Meetings: '
A. Regular Meetings: Regular meetings of the Planning Board shall be held on the
third Wednesday of each month. Unless special notice is given by the chairman ,
all meetings will begin at 7:30 p.m. and will be conducted at the Town Hall.
B. Special Meetings: Special meetings of the Planning Board may be called at any '
time by the chairman or the vice-chairman acting in the absence of the chairman,
provided that a minimum of twenty-four (24) hours notice is given to members. '
C. Quorum: A quorum shall consist of three (3) members.
D. Conduct of Meetings: All meetings shall be open to the public and public '
comment or input shall be encouraged. The order of business at regular meetings
shall be as follows (at the discretion of the chairman): '
1. Call to order
2. Approval of minutes of the previous meeting
'
3. Old business
4. New business
5. Committee reports
'
6. Chairman's report
7. Member comments
8. Public comment
,
9. Adjournment
'
E. Change of Bylaws: No change shall be made to these bylaws without the
affirmative vote of a majority of the members of the Planning Board. Three (3)
votes shall constitute that requirement.
'
F. Vote: Except as otherwise specified herein, the vote of a majority of those
members present shall be sufficient to decide matters coming before the Planning '
Board, provided a quorum is present. Members shall be required to vote unless
excused by the chairman for reasons of financial or personal interest on the subject. ,
An abstention shall constitute an affirmative vote. Proceeding shall be conducted
according to Roberts Rules of Order.
G. Cancellation of Meetings: Whenever there is no business for the Planning Board, '
the chairman may dispense with a regular meeting by giving notice to all members.
H. Attendance: The Planning Board will request the Town Council to replace any ,
member missing three (3) consecutive regular meetings or fifty percent (50%) or
more of all meetings over a twelve (12) month period. '
58 ,

I. Agenda Preparation for Regular Meetings: The agenda for regular meetings
shall be prepared by the chairman with the assistance of the secretary and Town
staff. Only those items requested by planning board members or those items
properly filed with the Town according to its ordinances shall be placed on the
agenda. The public and specific interests may appear for comment or input on any
matter not on the agenda at any meeting regular or special, but no formal action
will be taken on non -agenda items. This rule does not preclude public comment
and input on regular agenda items that will be acted upon. The agenda shall be
circulated to all members of the Planning Board, the Town Council, and the Town
Clerk by the Thursday prior to the regular meeting date.
J. Agenda Preparation for Special Meetings: Agenda preparation for special
meetings of the Planning Board will occur as described in the paragraph above (1).
Agendas may, however, be handed out at the meeting.
Records:
A. Public Record: All records of the Planning Board shall be made available to the
public in accordance with state statutes.
B. Retention: The secretary shall maintain a file of all studies, plans, reports,
recommendations, minutes, and correspondence of the Planning Board. The file
should be maintained at the Town Hall. Requests for copies shall be forwarded to,
or addressed to the Town Clerk.
Date Adopted
Secretary
59
Chairman

Article IX. Town of Navassa Board of Adjustment
RULES OF PROCEDURE '
A. General Rules: '
The Zoning Board of Adjustment shall be governed by the terms of Chapter 160A, Article
19, Part 3 of the North Carolina U'eneral Statutes and by the Zoning ordinance of the '
Town of Navassa. All members of the Board shall thoroughly familiarize themselves with
these laws. The Board of Adjustment shall consist of five (5) members. (A quorum is
four (4) members.) '
B. Officers And Duties: '
A. CHAIRMAN: The Chairman shall be a regular member and be elected by the
regular members of the Board of Adjustment. The Chairman's term of office shall '
be one (1) year beginning on July 1st. The chairman shall be eligible for
reappointment. The Chairman shall preside over the meetings and shall decide on
all points of order and procedure, subject to these rules, unless directed otherwise '
by a majority of the Board in session at the time. Tne Chairman shall appoint any
committees found necessary to investigate any matter before the Board.
B. VICE-CHAIRMAN : The Vice -Chairman shall be a regular member elected by ,
the regular members of the Board. The Vice -Chairman's term of office shall be
for one (1) year beginning January 1st. The Vice -Chairman shall serve as '
Chairman in the absence of the Chairman and at such times shall have the same
powers and duties as the Chairman. The Vice -Chairman shall be eligible for '
reappointment.
C. SECRETARY/CLERK: The Secretary/Clerk shall be a regular member elected
by the regular members of the Board of Adjustment and shall serve. for a period of
'
one (1) yeas beginning January 1st. The Secretary/Clerk, subject to the direction
of the Chairman and the Board, shall keep all records, conduct all correspondence
of the Board, not*fy members of pending meetings and their agenda, and shall
,
generally supervise the clerical work of the Board. The Secretary/Clerk shall keep
the **...mutes of every Board meeting in a permanent volume. The minutes shall
'
show those members present, the nature of the issue, facts presented as evidence,
findings of fact by the Board, and the decision of the Board, including a record,
by name, of each member's vote. The Secretary/Clerk shall be eligible for
'
reappointment. (_Axranging for all required notices and notifying interested parties
of the Board's decisions, shall be the responsibility of the Zoning Administrator.
T ie 'e viiir,g n�uiiinis ----r will prepare the minutes of the Board of Adjustment
'
meeting with the assistance of the Town Clerk.)
�
60

C. Alternate Members:
n
J
One alternate member will be appointed. The alternate member of the Board shall be notified of
all meetings and hearings. The alternate will be caned on for active participation by the chairman
only when a regular member is absent or is unable to participate in hearing a case because of
financial or other interest. Regular members, on receiving notice of a special meeting that they
cannot attend or on learning that they will be unable to participate in a particular case, shall give
prompt notice to the Board Secretary/Clerk that they are unable to attend or to participate. On
receiving such notice, the Secretary/Clerk shall, by the most expeditious means, notify the
alternate member to attend. At any meeting where they are called on to attend, the alternate
member shall have the same powers and duties as a regular member. At no time shall more than
five (5) members participate officially in any meeting or hearing.
D. Rules of Conduct For Members:
A. Members of the Board may be removed from the Board of Adjustment for cause,
including violation of the rules stated below.
B. Faithful attendance at all Board meetings and conscientious performance of the
duties required of Board members shall be considered a prerequisite of continuing
membership on the Board.
C. No Board member shall take part in the hearing, consideration, or determination
of any case in which he is personally or financially interested.
D. No Board member shall discuss any case with any parties thereto before the public
hearing on that case; provided, however, that members may receive and/or seek
information pertaining to the case from any other member of the Board, its
secretary, or Clerk before the hearing.
E. No Board member shall vote on any matter that decides an application or appeal
unless he has attended the public hearing on that application or appeal.
F, Members of the Board shall not express individual opinions on the proper judgment
of any case with any parties thereto before that case is determined. Violation of
this rule shall be cause for dismissal from the Board.
E. Meetings:
A. TIME: The Board of Adjustment shall not hold regularly scheduled meetings.
Meetings will be called as needed and each member shall be given at least 48 hours
notice prior to the meeting. The meeting shall be held as soon as possible after
receiving application for appeal or hearing but shall not be delayed more than 30
days. Meetings shall be held at the Town Hall at a time and date designated by the
Board.
61
i' _

B. QUORUM: A quorum shall consist of four (4) members.
C. VOTING: All regular members may vote on any issue unless they have '
disqualified themselves for one or more of the reasons listed in Section IV. The
required vote to decide appeals and applications shall be as provided in Section VI, '
D, 3, and shall not be reduced by any disqualification. In all other matters the vote
of a majority of the members present and voting shall decide issues before the
Board. '
D. CONDUCT OF MEETINGS: All meetings shall be open to the public. The
order of business at meetings shall be as follows: a) roll call; b) approval of '
minutes of the previous meetings; c) hearing of cases; d) reports of committees;
e) unfinished business; f) consideration and determination of cases heard. '
F. Appeals and Applications:
A. TYPES OF APPEALS: The Board shall hear and decide all appeals from and '
review any order, requirement, decision, or determination made by the Building
Inspector or Zoning Administrator. It shall also hear and decide all matters '
referred to it or on which the Zoning Ordinance of the Town of Navassa requires
it to pass. In deciding appeals, the Board may hear both those cases based upon
an allegedly improper or erroneous interpretation of the ordinance and those based '
upon alleged hardship resulting from strict interpretation of the Ordinance.
B. PROCEDURE FOR FILING APPEALS: No appeal shall be heard by the Board ,
unless notice thereof is filed within thirty (30) days after the interested party or
parties receive notice of the order, requirement, decision, or determination by the
Building Inspector and/or Zoning Administrator. The applicant must file his '
application for a hearing with the Zoning Administrator, who shall act as clerk for
the Board in receiving this notice. All applications shall be made on the form '
furnished for that purpose, and all information required thereon shall be complete
before an appeal may be considered as having been filed.
C. HEARINGS:
1. TIME: After notice of appeal is received, the Board Chairman shall '
schedule a time for the hearing. The hearing shall be held as soon as
possible after the notice of appeal is received but shall not be delayed more
than thirty (30) days. '
2. NOTICE: The board shall give notice of the hearing in a newspaper of '
general circulation by advertisement published at least five (5) days before
the date of the hearing. The Board shall cause to be posted notice of the
hearing on the property in question at least five (5) days before the hearing. '
Such notice shall state the location of the building or lot, the general nature

' of the question involved in the appeal, and the time d qu pp an place of the
' hearing.
3. CONDUCT OF THE HEARING: Any party may appear in person, by
' agent, or by attorney at the hearing. The order of business for each hearing
shall be as follows: a) the chairman, or such person as he shall direct, shall
give a preliminary statement of the case; b) the applicant shall present the
' evidence and arguments in support of his application; c) persons opposed
to granting the application shall present evidence and arguments against the
application; d) both sides shall be permitted to present rebuttals to opposing
' evidence and arguments; e) the chairman shall summarize the evidence that
has been presented, giving the parties opportunity to make objections or
' corrections. Witnesses may be called and factual evidence may be
submitted, but the Board shall not be limited to consideration of such
evidence as would be admissible in a court of law. The Board may view
' the premises before the hearing, but the facts indicated by such inspection
shall be disclosed at the public hearing and made a part of the record. All
witnesses before the Board shall be placed under oath, and the opposing
' party may cross-examine them.
4. REHEARINGS: An application for a rehearing may be made in the same
'
manner as an application for an original hearing. Evidence in support of
the application shall initially be limited to what is necessary to enable the
Board to determine whether there has been a substantial change in the facts,
tevidence,
or conditions in the case. The Board shall deny the application
for rehearing if, from the record, it finds that there has been no substantial
change in facts, evidence, or conditions. If the Board finds that a change
has occurred, it shall thereupon treat the request in the same manner as any
other application.
'
D. DECISIONS: Decisions by the Board shall be made not later than thirty (30) days
from the time of the hearing.
1. FORM: The Board's final decision shall be shown in the record of the case
as entered in the Board's minutes and signed by the Secretary/Clerk and the
'
chairman on approval of the minutes by the Board. Such record shall show
the reasons for the determinations, with a summary of the evidence
introduced and the findings of fact made by the Board. When a variance
'
is granted, the record shall state in detail any exceptional difficulty or
unnecessary hardship upon which the appeal was based and which the Board
'
finds to exist. The decision may reverse or affirm, wholly or partly, or
modify the order, requirement, decision, or determination appealed from.
The record shall state in detail what, if any, conditions and safeguards the
Board imposes in connection with granting of a variance. A separate record
'
of the decision of each case shall be prepared, filed in the Town Clerk's
Office, and furnished to the parties as specified in subsection 5.
'
63

2. EXPIRATION OF PERMITS: Unless otherwise specified, any order or
decision of the Board granting a variance shall expire if the applicant does
not obtain a building permit or certificate of occupancy for such use within
six (6) months from the date of the decision.
3. VOTING AT HEARINGS: The concurring vote of four -fifths of the
Board members shall be necessary to reverse any order, requirement,
decision, or determination of the Building Inspector and/or Zoning
Administrator, to decide in favor of the applicant any matter on which the
Board is required by ordinance to pass, or to grant a variance from the
ordinance provisions.
4. NOTICE AND PUBLIC RECORD OF DECISIONS: The
Secretary/Clerk shall give written notice of the decision in the case to the
appellant and/or the applicant and to every aggrieved parry who has filed
a written request for such notice with the Secretary/Clerk or the Chairman
of the Board when the hearing i4 held. A copy of the decision shall also be
filed in the Town Clerk's office. The decision shall be a public record,
available for inspection at all reasonable times.
G. Amendments:
These rules may, within the limits allowed by law, be amended at any time by an affirmative vote
of not less than three (3) members of the Board, provided that such amendment be presented in
writing at a regular or special meeting before the meeting at which the vote is taken.
Charlene Alston, Town Clerk
SEAL
M
Eulis Willis, Mayor of Navassa
Date
E
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TOWN OF NAVASSA
334 MAIN STREET
NAVASSA, NORTH CAROLINA 28451
(910) 371-24321371-0041 fax
A FORM TO DETERMINE ZONING COMPLIANCE
Applicant Phone V.
Address:
Owner. Phone #.
Property Address/Location:
Zoning District: Flood Hazard Area (Circle One) YES NO
Lot Size:
Purpose of Permit Request
Describe Other Buildings on Property.
Attach an accurate map indicating the location and dimensions of the following: Property lines, structures proposed to be built
or altered and other buildings on the property. Show the location of the well and septic tank/system. Indicate the set -back
dimensions and height for all buildings on the property and proposed buildings. Please attach any additional information which
will help us to understand your request. Fill in all blanks shown above with as much detail as possible.
CERTIFICATION:
I certify that I am authorized to make this application, that the information provided is correct to the best of my knowledge, that
I am authorized to grant and do grant permission to the local zoning official and local building official to enter on the property
described above for the purpose of inspections.
Signed:
Date:

DATE OF PERMIT ISSUANCE:
SPECIAL CONDITIONS (IF ANY):

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TOWN OF NAVASSA
334 MAIN STREET
NAVASSA, NORTH CAROLINA 28451 cmxmffcamumd
[phone]/371-0041 fax
APPLICATION FOR A CONDITIONAL USE PERMIT
Applicant: Phone
Address:
F
Owner. Phone It
Owner's Address:
Property Address/Location:
Zoning District Tax Parcel #:
Lot Size:
Requested Use for Site:
Signed:
Date:

I. The Zoning Ordinance imposes the following Standards on the use requested by the applicant. Under each
requirement, the applicant should explain, with reference to the attached plan, where applicable, how the proposed
use will satisfy these Standards. (Use attachments as necessary.)
STANDARD 1: The establishment, maintenance, or operation of the conditional use will not be detrimental to
or endanger the public health, safety, morals, comfort, or general welfare.
Statement by Applicant:
STANDARD 2: The conditional use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and
impair property values within the neighborhood.
Statement by Applicant:
b
STANDARD 3: The establishment of the conditional use will not impede the normal and orderly development
and improvement of the surrounding property for uses permitted in the district.
Statement by Applicant:
STANDARD 4: The exterior architectural appeal and functional plan of any proposed structure will not be so
at variance with either the exterior architectural appeal and functional plan of the
structures already constructed in the course of construction in the immediate neighborhood
or the character of the applicable district, as to cause a substantial depreciation in
the property values within the neighborhood.
Statement by Applicant:
STANDARD & Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
Statement by Applicant:
STANDARD 6: Adequate measures will be taken to provide ingress and egress so designed as to
minimize traffic congestion in the public streets.
Statement by Applicant:
0

' STANDARD 7: The conditional use shall, in all other respects, conform to the applicable regulations of the district
in which it is located, except as such regulations may, in each instance, be modified by the
Town Board pursuant to the recommendations of the Planning Board.
I
Statement by Applicant:
11
Conditions and Guarantees:
Prior to granting of any conditional use, the Planning Board may recommend, and the Town Board may stipulate, such
conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the
conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the
standards and requirements specified above. In all cases in which conditional uses are granted, the Town Board shall
require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection
therewith are being and will be complied with.
II. Please provide the following information:
1) Description of any machinery, chemicals or flammable materials that will be used:
2) Description of any outdoor displays including flags, banners, eta, used to draw attention to the site:
III. The applicant must attach a site plan indicating the following:
1) Lot dimensions and north arrow.
2) Location and dimensions of existing and/or proposed structure(s) to be used in connection with the proposed
request. Location and dimensions of other structures on the site and on adjoining lots
3) Location of off-street parking.
4) Location and dimension of proposed sign(s), proposed lighting fixtures and proposed buffers.
5) Location of site relative to thoroughfares.
6) Location of roads leading into and out of the site.

IV. The applicant must provide a list of names of the owners, their addresses and the tax parcel
number of the properties immediately adjacent to the property of the request, including
the property owner(s) directly opposite the proposed request but separated by a street
right-of-way. This information may be obtained from the Brunswick County Tax Office located
in Whiteville.
Example of adjacent properties:
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34
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HANDICAPPED PARKING REQUIREMENTS
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SEPTEMBER 12.t969
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