Zoning Ordinance-1989

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Division of Coastal Management
T( Nav&&sa
Own
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Zoning :Ordinance
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1989
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PEOPLE WORKING
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FOR PEOPLE

Draft
Town of Nav&ssa
Zoning Ordinance
PEOPLE WORKING
FOR PEOPLE
Zhe preparation of this document was financed in
part through a grant provided by the North Carolina
Coastal Management Program, through funds provided
by the Coastal Zone Management Act of 1912, as
amended, which is administered by the Office of
Ocean and Coastal Resource Management, National
Oceanic and Atmospheric Administration.

SECTION 5.0
MOBILE HOME PARKS -REGULATIONS ACID DESIGN STAiDARDS
5.1
GENERAL APPLICATION------------------------------------------=---
22
5.2
MOBILE HOME PARR DEFINED-----------------------------------------
22
5.3
PEP*iITS AND SITE PLAPJS REQUIRED--------------------------------
22
5.3.1 Permits---------------------------------------------------
22
5.3.2 Site Plans-----------------------------------------------
22
5.4
CERTIFICATE OF COMPLIANCE REQUIRED------------------------------
23
5.5
DESIGN REQUIREMENTS---------------------------------------------
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5.5.1 Minimum Park Size---------------------------------------
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5.5.2 Access to Public Streets-----------------------------------
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5.5.3 Minimum Lot Size and Width ---------- -------- _----- ---------
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5.5.4 Setbacks---------------------------------------------------
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5.6
DTROVE=TS AND SERVICES REQUIRED-------------------------------
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5.6.1 Pavement Widths--------------------------------------------
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5.6.2 Street Grades----------------------------------------------
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5.6.3 Intersections----------------------------------------------
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5.6.4 Pavement Surface and Composition--------------------------
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5.6.5 Buffer Zones Required--------------------------------------
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5.6.6 Recreation Areas Required----------------------------------
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5.6.7 Utilities--------------------------------------------------
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5.6.3 Street Lights----------------------------------------------
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5.6.9 Underground Wiring Preferred------------------------------
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5.6.10 Mobile Home Stands and Anchors----------------------------
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5.6.11 Refuse Collection-.----------------------------------------
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SECTION 6.0 SUPPLEMENTARY REGULATIONS
6.1 VISIBILITY OF INTERSECTION'S IN RESIDriTIAL DISTRICTS------------- 26
6.2 FEt7CES WALLS HEDG?S--------------------------------------------- ''6
6.3 STRUCTURES TO HAVE ACCESS---------------------------------------- 25
6.4 EXCEPTION TO HEIGHT REGULATIO`iS---------------------------------- 25
6.5 PAR:KLNG AND STORAGE OF CERTAIN VEHICLES-------------------------- 27
6.6 ILLUMINATIO:'A FACING THOROUGHF.ARES-------------------------------- 27
6.7 TRANSIT SHELTERS PERMITTED ---------------------------------- ---- 27
6.3 ACCESSORY BUILDI.GS--- -------- --------------------------------- 27
SECTION 7.0
DISTRICT REGULATIONS
7.1
LOW DENSITY
RESIDENTIAL R-40---------------------------- -------
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7.1.1'Intent
------------------------------------------------ ----
23
7.1.2
Uses Prohibited--------------------------------------------
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7.1.3
Permitted Uses---------------------------------------------
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7.1.4
Uses Permitted as Special Uses----------------------------
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7.1.5
Area. Height and Yard Requirements-------------------------
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7.2
MDrDIUM DENSITY RESIDENTIAL R-20----------------------------------
30
7.2.1
Intent-----------------------------------------------------
30
7.2.2
Uses Prohibited--------------------------------------------
30
7.2.3
Permitted Uses--------------------------------------------
30
7.2.4
Uses Permitted as Special Uses-----------------------------
30
7.2.5
Area, Height and Yard Requirements-----------------------
31
7.3
COM
RCIAL-INDUSTRIAL DISTRICT-----------------------------------
32
7.3.1
Intent---------------------------------------------------
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7.3.2
Uses Prohibited-------------------------------------------
32
7.3.3
Uses Permitted---------------------------------------------
32

7.3.4 Commercial Uses Permitted as a Special Use----------------- 33
7.3.5 Area, Height and Yard Requirements------------------------- 33
7.3.6 Site Plans Reauired---------------------------------------- 33
1.3.7 Construction and Operation Standards----------------------- 34
SECTION 8.0 ADMINISTRI ATIO'' AND E?TFORCEI ENT
3.1
DEPARTMENT OF LAND USE AND BUILDING INSPECTIONS
ESTABLISHED---------- -------------- -------------------------------36
3.2
LA211D USE ANb BUILDING INSTECTION OFFICER--------------------
36
9.3
PERMITS AND CERTIFICATES OF OCCUPANCY------------------------
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8.3.1 Permits Required Generally-----------------------------
36
8.3.2 Permits Required Vrior to Issuance of
Buildin- Permit----------------------------------------
36
3.3.3 Application for Building Permit------------------------
36
8.3.4 Certificate of Occupancy-------------------------------
37
8.3.5 Expiration of Permit----------------------------------
37
8.3.6 Construction and Use to be as Provided in Application
Plans, Permits, and Certificates of Occupancy----------
37
8.4
BOARD OF ADJUSTME`:T------------------------------------------
33
8.4.1 Established--------------------------------------------
38
8.4.2 Town Council Members to Serve as _Members of
Board of Adjustment------------------------------------
39
8.4.3 Proceedings of the Board of Adjustment-----------------
38
8.4.4 Hearings •Appeals;'Notices -------------------------------
38
8.4.5 Stay of Proceeding-------------------------------------
39
8.4.6 Powers and Duties--------------------------------------
39
8.4.6.1 Administrative Review--------------------------
39
8.4.6.2 Special Uses-----------------------------------
39
8.4.6.3 Variances;Conditions Governing Applications;
Procedures-------------------------------------
41
8.4.7 Board Has Powers of Administrative Official on Appeals:
Reversing Decision of Administrative Official----------
42
8.4.3 Appeals from the Board of Adjustment-------------------
43
3.5
MP-0ME:TTS---------------------------- -----------------------
43
8.5.1 Procedures! Findings of Planning Board-----------------
43
8.5.2 Time Lapse Between Similar Applications----------------
44
3.6
PLANNI':G BOARD-----------------------------------------------
44
3.7
E VIRO1.ZFEENTAL t_'R'ACT STATEME11TS------------------------------
44
8.8
RECO'_�:TDATION TO BE '4ADE WITHIN 60 DAYS---------------------
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CONSISTE21CY REVIV.1 FOR CAMA REQUIRED-------------------------
45
SECTIO`_1 9.0 DEFINITIONS

1 .0 GENERAL PROVISIONS
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1.1 ESTABLISHMENT OF DISTRICTS,
In order to achieve the purposes and objectives of this ordinance , the
Town is divided into the following districts:
LOW DENSITY RESIDENTIAL R-40
1 MEDIUM DENSITY RESIDENTIAL R-20
COMMERCIAL -INDUSTRIAL
1.2 DISTRICT BOUNDARIES AND OFFICIAL ZONING MAP.
The boundaries of the districts set out in 1 .1 above are shown on the
"Official Zoning Map of the Town of Navassa" ("Official Zonir_g Map" herein),
which map, and all explanatory material thereon, is adopted by reference and
declared to be a part of this ordinance. The Official Zoning Map is on file at
the Navassa Town Hall and is available for public inspection.
1 .2.1 Identification of Official Zoning Map. The Cfficial Zoning
Map shall be identified by the signature of the Mayor, attested by the Tcwn
Clerk, and bearing the seal of the Town under the following wcrds: "This is to
certify that this is the Official Zoning Map referred to in Secticn 1 .2 of the
Navassa Zoning Ordinance."
1 .2.2 Changes in the Official Zoning Map. If in accordance with
the provisions of this ordinance changes are made in the Official Zoning Map,
such changes shall be entered on the map promptly after approval by the Town
Council and shall be made with the following entry: "On (iate) , by official
action of the Town Council, the following changes were made in the official
zoning map: (changes) ," which entry shall be signed by the Mayor
and attested by the Town Clerk.
1.3 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists as to the boundaries of districts as shown on
the Official Zoning Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the
centerlines of alleys, streets, highways, streams or railroads shall be con-
strued to follow such centerlines;
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(2) Lines indicated as approximately following platted lot
lines or Town limit lines shall be construed as following such lines;
(3) Boundaries indicated as following shorelines shall be
construed as following such shorelines, and in the event of change in the shore-
line shall be construed as following the new shoreline;
(4) Where a district boundary divides a lot, or where
distances are not specifically indicated on the Official Zoning Map, the
boundary shall be determined by the scale of the map;
(5) Where physical or cultural features existing on the
ground are at variance with those shown on the Official Zoning Map, or in
other cases where uncertainty exists as to location of a district boundary, the
Board of Adjustment shall interpret the boundaries;
(6) Where any street or alley is hereafter officially vacated
or abandoned, the regulation applicable to each parcel of abutting property
shall apply to that portion of such street or alley added thereto by virtue of such
vacation or abandonment;
(7) Where a district boundary line divides a lot which was
in single ownership at the time of passage of the ordinance, the Board of
Adjustment may permit as a variance, upon a finding that all the conditions of
granting a variance as set cut in Subsection 4.6.3 have been met, the extension
of the regulations for either portion of the lot, not to exceed 50 feet beyond the
district line, into the remaining portion of the Lot.
1.4 GENERAL APPLICATION.
No building structure or land shall hereafter be used or occupied, erected,
constructed, reconstructed, moved or structurally altered, except in conformity
with all the regulations herein specified for the district in which it is located.
1 .5 INTERPRETATION.
1.5.1 Regulaticns to be Minimum Regulations. The regulations
adopted under this ordinance shall be interpreted to be minimum regulations and
shall apply uniformly to each class or kind of structure or land; and where these
regulations require a greater width or size of yards or courts , a lower height of
a building, a fewer number of stories, a greater percentage of a lot to be left
unoccupied, or impose other higher or more restrictive standards than are
required in any other statute, local ordinance or regulation, the regulations and
standards of this ordinance shalt govern. When the provisions of any other
local ordinance or regulaticn require a greater width or size of yards or courts ,
a lower height of a building or a lower number of stories, a greater percentage
of a lot to be left unoccupied, or other higher or more restrictive standards
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than are required by these regulations, the provisions of that statute, ordinance
or regulation shall govern.
1 .5.2 Double Counting of Yards and Spaces Prohibited. No part of
a yard or other open space, or off-street parking or loading space required about
or in connection with any building for the purpose of complying with this
ordinance, shall be included as a part of a yard or open space, or off-street
parking or loading space similarly required for any other building, except as
provided in subsection 4.3.
1 .5.3 Reduction in Lot Sizes Prohibited. No yard or lot existing at the
time of passage of this ordinance shall be reduced in area or dimension below
the minimum requirements of this ordinance; and, furthermore, all yards of lots
established after the passage of this ordinance shall be in full conformity with
these regulations.
1.6 SEPARABILITY.
Should any provision of this ordinance be declared invalid or unconstitu-
tional by a court of cornpetent jurisdiction, such declaration shall not affect
this ordinance as a whole, or any part hereof except that provision that was
subject to the declaration.
1.7 PENALTIES FOR VIOLATIONS .
Any person, firm or corporation that violates the provisions of this
ordinance shall, upon conviction, be guilty of a misdemeanor and shall be
fined a sum not to exceed $100.00 or imprisoned for a term not to exceed 30
days. Each day that a -violation continues to exist shall be considered a
separate offense.
1 .3 COMPLIANCE . ITH COASTAL AREA MANAGEME
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LAND USE PLANS REQUIRED. %ri�
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When the interpretatjon of the s.Por intended policies of this ordinance
requires reference to subject matter or documents not specifically included in the
text of the ordinance the objectives, policies and standards of the Town of
Navassa Coastal Area Management Act Land Use Plan shall govern. In the inter-
pretation , enforcement or administration of any action that may affect an Area
of Environ netal Concern located within the Town the goals and objectives of
the Coastaf Area Management Act shall govern.
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2.0 NONCONFORMITIES
2.1 DEFINITIONS.
2.1 .1 Nonconformities . A nonconformity 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.
2.1 .2 Nonconforming Use . A nonconformity that occurs when a use
of land is made unlawful by the use regulations applicable to the district in
which the property is located.
2.1 .3 Dimensional Nonconformity. A nonconformity that occurs
when the height , size, or the relationship between an existing building or
buildings and other buildings or lot lines does not conform to the regulations
applicable to the district in which the property is located.
2.1 .4 Nonconforming Lot. A lot existing at the effective date of
this ordinance or any amendment to it that cannot meet the minimum area or lot -
width requirements of the district in which the lot is located.
2.1 .5 Nonconforming Project. Any structure, development or under-
taking 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 proposed or planned.
2.2 CONTINUATION OF NONCONFORMITIES AND COMPLETION OF NON-
CONFORMING PROJECTS.
Nonconformities that were otherwise lawful on the effective date of
this ordinance may be continued, subject to the restrictions and qualifications
set forth in subsections 2.2 through 2.5 of this Section.
2.3 NONCONFORMING LOTS.
(1) When a nonconforming lot can be used in conformity with all of the
regulations (other than the area or width requirements) applicable to the district
in which the lot is located, such a use may be made as of right. Otherwise,
the nonconforming lot may be used only in accordance with a special -use permit
issued by the Board of Adjustment. The. Board shall issue such a permit if it
finds that (a) the proposed use is one permitted by the regulations applicable
to the district in which the property is located, and (b) the property can be
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developed as proposed without any significant negative impact on the surround-
ing property or the public health, safety or welfare. In issuing the permit
authorized by this paragraph, the Board may allow deviations from applicable
dimensional requirements (such as set -back lines and yard size minimums) If
it finds that no reasonable use of the property can be made without such
deviations.
(2) Whenever this ordinance creates a nonconforming lot and the owner
of the nonconforming lot also owns land adjacent to it, and a portion of this
other land can be combined with the nonconforming lot to create a conforming
lot (without thereby creating other nonconformities) , the owner of the non-
conforming lot, or his successor in interest, may not take advantage of the
provisions of paragraon (1) of this subsection.
2.4 EXTENSION OR ENLARGEMENT OF NONCONFORMITIES .
(1) Except as specifically provided in this subsection, it shall be
unlawful for any person to engage in any activity that causes an increase in
the extent of a nonconfcrmity.
(2) Subject to paragraph (4) of this subsection, a nonccnforming use
may be extended throughout any portion of a completed building that, when the
use was made nonconforming by this ordinance, was manifestly designed or
arranged to accommodate such use. However, subject to subsection 2.7 of
this section, a nonccnforming use may not be extended to additional buildings
or to land outside the original building.
(3) Subject to subsection 2.7 of this section, a nonce :forming use of
open land may not be extended to cover more land than was occupied by that
use when it became nonconforming, except that a use that involves the removal
of natural materials from the lot (e.g., a quarry) may be expanded to the
boundaries of the lot • 1riere the use was established at the time it became
nonconforming, if 10 per cent or more of the earth products had already been
removed at the effective date of this ordinance.
(4) The volume, intensity, or frequency of use of property where a non-
conformity exists may be increased and the equipment or processes used at a
location where a nonconformity exists may be changed if these or similar
changes amount only to changes in the degree of activity rather than changes
In kind and no violations of other paragraphs of this subsection occur.
(5) Physical alteration of structures or the placement of new structures
on open land are unlawful if they result in:
ia. An increase in the total amount of space devoted to a non-
conforming use;
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b. Greater nonconformity with respect to dimensional restrictions
such as yard requirements, height limitations, or density requirements; or
c. The enclosure of previously unenclosed areas, even though
those areas were previously used in connection with the nonconforming
activity. An area is unenclosed unless at least 75 per cent of the perimeter
of the area is marked by a permanently constructed wall or fence.
(6) Minor repairs to and routine maintenance of property where non-
conforming situations exist are permitted and encouraged. Major renovation--
i.e. , work estimated to cost more than 10 per cent of the appraised value of
the structure to be renovated (and not required by the partial or total destruc-
tion of a structure) --may be done pursuant to a special -use permit issued by
the Board of Adjustment. The Board of Adjustment shall issue such a permit if
1 it finds that the work will not result in a violation of any other paragraphs of
this subsection [particularly paragraph (5)] or make the property more incom-
patible with the surrounding neighborhood.
(7) ;Notwithstanding paragraph (5), any structure used for single family
residential purposes and maintained as a nonconforming use may be replaced
with a similar structure of a larger size, so long as the replacement does not
create new nonconformities or increase the extent of existing nonconformities
with respect to yard size and setback requirements. In particular, a mobile
home may be replaced with a larger mobile home, and a "single -wide" mobile
home may be replaced with a "double -wide. " This paragraph is subject to the
limitations stated in subsection 2.6 on abandonment and discontinuance of non-
conforming situations.
' (8) A structure that is nonconforming in any respect or a structure
that is used in a nonconforming manner may be reconstructed or replaced if
partially or totally destroyed, subject to the following restrictions:
a. The total amount of space devoted to a nonconforming use may
not be increased, except that a larger single-family residential structure may
be constructed in place of a smaller one and a larger mobile home intended
for residential use may replace a smaller one;
b. The reconstructed building may not be more nonconforming
with respect to dimensional restrictions such as yard requirements, height
limitations, or density requirements, and such dimensional nonconformities
must be eliminated if that can reasonably be accomplished without unduly
burdening the reconstruction process or limiting the right to continue the non-
conforming use of such building;
c. The reconstructed building may not enclose areas that were
previously unenclosed, even though those areas were used in connection
wit the nonconforming activity.
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Except for single-family residential structures (including mobile homes)
if the estimated cost of the reconstruction work exceeds 10 per cent of the
appraised value of the structure, the work may be done only after issuance of
a special -use permit by the Board of Adjustment. The Board shall issue the
permit if it finds that the work will be done in accordance with this paragraph
and that the reconstructed building will not make the property more incompatible
with the surrounding property than it was before the destruction occurred.
2.5 CHANGE IN KIND OF NONCONFORMING USE.
(1) A nonconforming use may be changed to a conforming use.
Thereafter, the property may not revert to a nonconforming use .
(2) A nonconforming use may be changed to another nonconforming
use only in accordance with a special -use permit issued by the Board of
Adjustment. T:-,e Board shall issue such a permit if it finds that the proposed
use will be more compatible with the surrounding neighborhood than the use
in operation at the time the permit is applied for. If a nonconforming use is
changed to any :use other than a conforming use without obtaining a special -
use permit pursuant to this paragraph, that change shall constitute a dis-
con:inuance of the nonconforming use, with consequences as stated in sub-
section 2.6.
(3) If a nonconforming use and a conforming use, or any combination
of conforming and nonconforming uses, or any combination of nonconforming
uses exist on one lot, the use' made of the property may be changed substan-
tia::y (except to a conforming use) , only in accordance with a special -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 compatible with the surrounding
neighborhood than the use or combination of uses in operation at the time the
per: -:it is applied for.
2 . ABANDONMENT AND DISCONTINUANCE OF NONCONFORMITIES .
(1) When a nonconforming use is (i) discontinued for a consecutive
period of 180 days, or (ii) discontinued for any period of time without a pre-
sent intention to reinstate the nonconforming use, the property involved may
thereafter be used only for conforming purposes, except as provided in para-
graph (2) of this subsection.
(2) The Board of Adjustment may issue a special -use permit to allow a
nonconforming use that has been discontinued for more than 180 consecutive
da7s to be reinstated if it finds that (i) the nonconforming use has been dis-
continued for less than two years, and (1i) the discontinuance resulted from
factors that, for all practical purposes, were beyond the control of the person
maintaining the nonconforming use .
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(3) If the principal activity on property where a nonconformity other
than a nonconforming use exists is (1) discontinued for a consecutive period of
180 days, or (ii) discontinued for any period of time without a present intention
of resuming that activity, then that property may thereafter be used only in
conformity with all of the regulations applicable to the district in which the
property is located, unless the Board of Adjustment issues a special -use
permit to allow the property to be used (for a conforming purpose) without cor-
recting the nonconformity. The Board shall issue such a permit if it finds that
(i) t :e nonconformity cannot be corrected without undue hardship or expense ,
and (ii) the nonconformity is of a minor nature that does not adversely affect the
surrcunding property or the general public to any significant extent.
(4) For purposes of determining whether a right to continue a noncon-
formity is lost pursuant to this subsection, all of the buildings, activities and
ooera:ions maintained on a lot are generally to be considered as a whole. For
examzle, the failure to rent one apartment in a nonconforming apartmzent building
or c-e space in a nonconforming mobile, home park for 180 days shall not result
in a 'c,ss of the right to rent that apartment or space thereafter so long as the
apar::rent building or :mobile home park as a whole is continuously maintained.
But ?: a nonconforming use is maintained in conjunction with a conforming use,
disccntinuance of a nonconforming use for the required period shall terminate
the right to maintain it thereafter. And so, if a mobile home is used as a non-
contcrming use on a residential lot where a conforming residential structure also
is lccsted, remo,,al of that mobile home for 180 days terminates the right to
rep.!a-e it.
(5) When a structure or operation made nonconforming by this ordinance
is want or discontinued at the effective date of this ordinance , the 180-day
per:cd for purposes of this subsection begins to run at the effective date of the
ordinance.
2.7 TERMINATION OF NONCONFORMING SITUATIONS.
[Reserved.]
2.8 COMPLETION OF NONCONFORMING PROJECTS.
(1) All work on any nonconforming project shall cease on the effective
date of this ordinance, and all permits previously issued for work on noncon-
forming projects shall be revoked as of that date. Thereafter, work on noncon-
forming projects may begin, or may be continued, only pursuant to a special -
use hermit issued by the Board of Adjustment (except as provided in paragraph
(2) of this subsection) . The Board shall issue such a permit if it finds that the
applicant has in good faith made substantial expenditures or incurred substantial
bin-_;ing obligations or otherwise changed his position in some substantial way
in reasonable reliance on the land -use law as it existed before the effective
' date of this ordinance and thereby would be unreasonably prejudiced if not
allowed to complete his project as proposed. In considering whether these
findings may be made, the Board shall be guided by the following:
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a. All expenditures made pursuant to a validly issued and unrevoked
building or zoning permit shall be considered as evidence of reasonable reliance
on the land -use law that existed before this ordinance became effective.
b. Except as provided in subparagraph "a" of this paragraph, no
expenditures made more than 180 days before the effective date of this ordinance
shall be considered as evidence of reasonable reliance on the land -use law that
existed before this ordinance became effective. An expenditure is made at the
time a party incurs a binding obligation to make that expenditure.
c. To the extent that expenditures are recoverable with a reasonable
effort, a party shall not -be considered prejudiced by having made those expendi-
tures. For example, a party shall not be considered prejudiced by having made
expendit`:-e to acquire a potential development site if the property obtained is
just as valuable under ::.e new classification as it was under the old, for the
expenditure can be recc-:ered by resale of the property.
d. An expenditure shall be considered substantial if it is significant
both in dollar amount and in terms of (i) the total estimated cost of the proposed
project, and (ii) the ordinary business practices of the developer.
e . A person shall be considered to have acted in good faith if
actual '.knowledge of a proposed change in the land -use law affecting the pro-
posed development site could not be attributed to him.
f. Even thc-;.h a person had actual knowledge of a proposed change
in the land -use law affa::ting a development site, the Board may still find that
he acted in good faith ?= he did not proceed with his plans in a deliberate
attempt to circumvent t e effects of the proposed ordinance. The Board may find
that the developer did not proceed in an attempt to undermine the proposed
ordinance if it determine-s that (i) at the time the expenditures were made,
either there was considerable doubt about whether any ordinance would ulti-
mateLy be passed, or it was not clear that the proposed ordinance would pro-
hibit the intended deve:-,pment; and (ii) the developer had legitimate business
reasons for making expenditures .
(2) The requires nts of paragraph (1) of this subsection shall not apply
to a nonconforming project if the Building Inspector certifies that actual con-
struction of that project began at least 180 days before the effective date of this
ordinance and that the :vork is at least 75 per cent complete at the effective
date of this ordinance.
(3) The Board cf Adjustment shall not consider any application for the
special -use permit autorized by paragraph (1) of this subsection that is sub-
mitted more than 60 da.,,s after the effective date of this ordinance, unless it
wai.,es this requiremen: Or good cause shown.
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(4) If the Board of Adjustment issues a special -use permit pursuant to
paragraph (1) of this subsection, it may attach such reasonable conditions to
the permit as it finds necessary to reduce the extent to which the nonconforming
project is incompatible with the surrounding neighborhood. In particular, the
Board may require that work on the nonconforming project be continuously main-
tained, if possible, and that the project be completed as expeditiously as
possible.
_ (5) The Building Inspector shall send copies of this subsection to the
owners (and developers , if different from the owners) of all properties in regard
to which permits have been issued for nonconforming projects or in regard to
which a nonconforming project -is otherwise known to be under construction.
This notice shall be sent by registered mail not Less than fifteen days before
the effective date of this ordinance.
' (6) The Board of Adjustment shall establish expedited procedures for
hearing applications for special -use permits under this subsection. These
' applications shall be heard, whenever possible, before the effective* date of this
ordinance, sq that construction work is not needlessly interrupted.
(7) When it appears from the developer's plans or otherwise that the
nonconforming project was intended to be or reasonably could be completed In
stages, segments, or other discrete units, the Board of Adjustment shall not
allow the nonconforming project to be constructed or completed in a fashion that
is larger or more extensive than is necessary to allow the developer to recoup
and obtain a reasonable rate of return on the expenditures he has made in con-
nection with that nonconforming project.
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3.0 SIGNS
3.1 INTENT.
These regulations are adopted in order to promote the health, safety
and welfare of the public by insuring the safe erection of signs, prohibiting the
erection of excessively large or unstable signs, permitting the erection and
promoting the visibility of necessary signs for informational and commercial
needs, protecting the visibility of signs essential to the public safety, pre-
venting the spread of visual blight, protecting property 1,alues , eliminating
obstructions to traffic and safety, improving community appearance, and pro-
moting better quality of living environs by minimizing any detrimental effects of
signs.
3.2 SIGNS REQUIRING NO PERMITS .
' The following signs are permitted without the issuance of a permit in all
districts as specified or where the accompanying use' is permitted:
' (a) Signs or name plates on residential structures, premises, mail-
boxes, and newspaper receptacles, giving the name and address of the occupant
and not exceeding one square foot in surface area;.
(b) Temporary real estate signs in residential and mobile home districts,
ad*.=-rtising the immediate premises for sale, lease or rent, not exceeding eight
' sq-are feet in surface area;
(c) Signs for home occupations on the premises, not exceeding two
square feet in surface area, non -illuminated;
(d) Official signs erected and maintained by government for traffic
control, safety, directional, informational, or other public purposes, including
historical markers;
(e) Signs required to be placed on the premises to comply with local,
state or federal laws, not to exceed in size the minimum required by such laws;
(f) Temporary signs mounted within a building and/or on the inside of
windows;
(g) Signs attached to vending or dispensing equipment or display racks
in the Industrial -Commercial district, drawing attention to products dispensed
therefrom and not exceeding three square feet in surface area;
' -11-

' (h) Bulletin boards for public, charitable, or religious institutions on
the premises, one per site and not exceeding twelve square feet in surface area;
(i) Incidental, non-commercial signs in all districts, posted on the
premises to direct parking or internal traffic flow, prohibit trespassing, warn of
hazards, or provide similar information for the convenience and necessity of the
public, not to exceed one -and -one-half square feet in surface area;
' (j) Directional signs in any district, indicating the direction to a
public, non-commercial building or use, maximum of two in number per use and
not to exceed two square feet in surface area;
(k) Temporary signs advertising a single- occurrence event, such as a
yard sale, bake sale, civic fund-raising, and the like, located on the premises
of the event and not to exceed four square feet in surface area, permitted in any
district;
(1) Flags and insignia of governments, civic groups, and charitable
organizations, not exceeding twenty-five square feet in surface area, permitted
' in any district.
3.3 SIGNS REQUIRING BUILDING PERMITS.
The following signs are permitted after obtaining a building permit and
may be located in the districts specified and/or where the accompanying use is
permitted.
(a) Permanent Signs_:
' ---Entrance/identification signs for residential subdivisions , multi-
family housing developments, and mobile home parks, maximum of two per
development and not exceeding fifteen square feet each in area, non -illuminated;.
---Memorial signs, tablets, names of buildings and/or dates of erection
when cut into a masonry surface or formed of metal and mounted flat against a
surface, permitted in any district;
1 ---Wall, free-standing, or projecting signs for office, government,
institutional, business, commercial, and industrial uses, located on the pre-
mises and not to exceed a total aggregate area of two square feet for each
linear fot of building frontage, measured to the outside vertical edges of a
front building wall; provided, however, that:
(1) No free-standing sign shall exceed twelve feet in total height
or eighty square feet of surface area;
' (2) Wall signs shall not cover more than twenty per cent of a
building's total exterior wall space, shall not cover more than thirty per cent
-12-

of any single exterior wall, and shall not extend more than twelve inches from
the face of a building;
(3) All uses with at least fifty feet of street frontage are permitted,
at a minimum, a single sign not exceeding twelve square feet in area;
' (4) Projecting signs shall not project more than three feet from the
supporting surface, measured perpendicularly from that surface, and shall not
_ exceed ten square feet in surface area;
(5) Shopping centers may erect a maximum of two identification
' signs on the premises, not to exceed regular height limitations and not to
exceed a total aggregate surface area of eighty square feet;
---Signs for day care facilities, not to exceed three square feet in.
Residential districts and subject to the regulations governing wall, free-standing
and projecting signs in other districts.
(b) Temporary Signs:
---Temporary signs on construction sites identifying the project and its
owners, designers and contractors, not to exceed twelve square feet in area;
---Temporary banners and signs relating to a single event and not
located on the site of the event, such as a charitable fund-raising event,
political campaign, carnival, horse show, concert, or similar special event,
' provided that a deposit of $25.00 is submitted to the Town to insure their
remc•ral, t:iat they are not used for more than thirty days total, and that they are
remcved .,hthin seven days following the event (permitted in all districts);
---Temporary real estate signs for office, business, commercial and
indu-trial property advertising the immediate premises for sale, lease orrent,
not exceeding thirty-five square feet in area;
' ---Portable signs in Commercial -Industrial districts, mounted on
vehicles, trailers, or wheels and parked or located to attract public attention;
pro•: ided that they may be used only for a maximum of thirty days to advertise
a single on -premises sale or event and a permit for same shall be obtained at a
cost of $3.00 (this provision does not apply to signs normally appearing on
commercial vehicles which are in regular road use) .
3.4 SIGNS PROHIBITED.
d
The following signs are prohibited in all districts:
(a) Non -governmental signs which resemble or approximate the shape,
size, form, content, color, or operation of railroad or traffic signs, signals or
devices;
-13-

(b) Signs which interfere with the visibility or effectiveness of railroad,
traffic, or official government signs;
(c) Signs placed or shaped so as to interfere with or obstruct traffic
sight distances, windows, doors, fire escapes, stairways, pedestrian walk-
ways, or vehicular movement on streets, drives and alleys;
(d) Illuminated signs within one hundred feet of a Residential or Mobile
Home district;
(e) Signs which move, rotate, flutter, or otherwise create motion to
attract attention;
(f) Flashing signs and devices or beacons, including those which flash
intermittently, change intensity of tight, or flash by rotation, except low-light-
inte^sity time and temperature signs;
(g) Any sign located on a public right-of-way, except official govern -
men` signs permitted by law;
' (h) Any sign advertising, identifying, or relating to activities, mer-
chandise, services, or other subject matter located off the premises, except
those official signs, temporary signs, and minor directional signs specifically
permtted herein;
(i) Billboards or any free-standing signs exceeding eighty square feet
in ar=a;
' 0) Signs extending above the roof line or painted on a roof;
(k) Any sign not expressly permitted by this ordinance.
' 3.5 GENERAL REGULATIONS.
(a) All electrically -illuminated signs must be Underwriters Laboratories
approved and bear the appropriate label of approval. Wiring to all electrically -
Illuminated free-standing signs must be underground.
' (b) Wall, free-standing or projecting signs permitted for all uses
allowed by right in the Commercial -Industrial districts may be illuminated with
indirect silhouette lighting, interior lighting, or flood/spot lighting if such
lighting is so placed and shielded as to illuminate only the face of the sign and
to prevent light rays from being cast upon neighboring buildings and/or vehicular
traffic.
(c) All signs, together with supports, must be maintained in good repair;
' if t:.e Building Inspector shall find that any sign has become unsafe or is poorly
-14-

maintained, he shall notify the owner of this condition and, upon the failure of
the owner to correct this condition, the Building Inspector shall take appropriate
' legal action to repair or remove the sign at the expense of the owner.
(d) All signs shall comply with local and state building and electrical
codes.
(e) Whenever the use of a building or premises by a specific business
or activity is discontinued for that business or activity for a period of ninety
days, signs pertaining to that business or activity shall be immediately removed;
provided that the Board of Adjustment may grant an extension of up to sixty days
' based upon the findings that good causes have delayed re -use of the property
and that re -use of the sign is imminent.
3.6 ADMINISTRATION.
(a) No sign permitted under this ordinance, for which a permit is
' required, shall be located, erected, moved, reconstructed, converted or
structurally altered without a valid permit being issued therefor. Signs requir-
ing permits shall be subject to the regular schedule of building permit applica-
tion fees, unless other fees or deposits are herein specified, and all signs for
which permits are required shall not be erected or otherwise altered without a
' valid building permit, regardless of the cost of construction.
(b) Application for building permits for signs shall include, at a minimum,
' the following:
---Plans drawn to scale, and shwoing the surface area of the sign
' and its location and orientation relative to the property and any buildings;
---The method, orientation and timing of any proposed illumination;
' ---The subject matter to be advertised or presented;
---Any additional information reasonably needed by the Building
Inspector to determine whether the proposed sign conforms with this ordinance
and other applicable laws.
1
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4.0 OFF-STREET PARKING AND LOADING REQUIREMENTS
4.1�FF-STREET PARKING REQUIREMENTS.
•
There shall be provided, at the time of erection of any building, or at
the time any principal building is enlarged or increased in capacity by adding
dwelling units, guest rooms, seats or floor area, or before conversion from one
type of use or occupancy to another, permanent off-street parking space in the
amount specified by this section. Each off-street parking space shall be at
'
least nine feet wide and 18 feet long exclusive of access drives, ramps or
co_umns. Such parking space may be provide in a�narKinQ ,arage or properly
graded open space. Parking requirements for any use not specifically listed
or implied shall be set by the Board of Adjustment, based upon the requirements
for similar uses as specified.
4.2 CERTIFICATION OF MINIMUM PARKING AND LOADING REOUIREMENTS .
'
Each application for a building permit or certificate of occupancy sub-
mitted to the Building Inspector as provided for in subsection 8.3 shall include
information as to the location and dimensions of off-street parking and loading
'
spaces and berths and the means of ingress and egress. This information
shall be in sufficient detail to enable the Building Inspector to determine whether
or not the requirements of this section are met.
4.3 COMBINATION OF REQUIRED PARKING SPACE.
The required parking space for any number of separate uses may be
combined in one Location but the required space assigned to one use may not be
' counted for another use, except that one-half of the parking space required for
theaters or assembly halls whose peak attendance will be at right or on
Sundays may be assigned to a use which will be closed at night or on Sundays,
respectively.
4.4 REMOTE PARKING SPACE.
If the off-street parking space required by this ordinance in any district
except a Residential District cannot be reasonably provided on the same lot on
which the principal use is located, such space may be provided on any land
within four hundred feet of the main entrance to such principal use. Said land
shall be used for no other purpose so long as no other adequate provisions for
parking space meeting the requirements of this ordinance have been made for
the principal use. In such cases, the applicant for a permit for the principal
use shall submit with his application for a building permit an instrument duly
' executed and acknowledged, which commits said land to parking use in con-
nection with the principal use for which it is made available. The applicant
-16-

Auto wash------------------------- One space for each three employees,
plus movement lane space equal to
five times the capacity of the
washing bays.
Drive-in eating establishment-------- The provision of parking space equal
to ten times the gross floor area in
the principal building.
Funeral homes or mortuaries----------
Wholesale establishments-----------
Singleand two family residences
and mobile homes-------------------
Onespace for each three seats in
the chapel, plus off-street passenger
loading accomodation for ten cars.
Onespace for each two employees,
plus one space for each 100 square
feet of sales area.
One space for each dwelling unit.
Multi -family residences------------- One and a half spaces for each
dwelling unit.
Dormitories------------------------ One space for each three beds.
Tourist homes ----------------------
Home occupations------------------
Medical offices and clinics----------
Onespace for each guest room.
Except in the case of doctors, one
additional space plus one space for
any non-resident employee. Dcctors
shall provide three spaces plus one
for any employee.
Fourspaces per doctor, plus one
space for each employee.
Hospitals-------------------------- One spacefor each bed, plus one
space for each staff doctor, plus
one space for each three employees
on the largest shift.
Nursing or rest homes ---------------
Day Care centers-------------------
One space for each four beds, plus
one space for each three employees .
One space for each employee, plus
one off-street loading space per six
children.
F
-17-

11
1
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L
shall furnish to the Building Inspector proof of the registration of said instru-
ment in the Office of the Brunswick County Register of Deeds. Any off -street
parking space required in any Residential District shall be provided on the
same lot with the use for which it is required. Remote off-street parking
space in conjunction with uses in other districts shall not be permittgd in a
Residential District.
4.5 MINIMUM PARKING REQUIREMENTS.
The number of off-street parking spaces required by this section shall
be provided on the same lot with the principal use, except as provided above,
and the required number of off-street parking spaces specified for each use
shall be considered a minimum.
Business and professional offices
such as banks, savings and loans,
real estate, lawyers, insurance,
governmental, personal service
establishments such as barber shop,
beauty shop, shoe repair, dry
cleaning, washerette, etc. ------------
Restaurants, not drive-in-------------
One space per 200 square feet of
area where primary business is
routinely conducted, excluding such
secondary areas as storage areas ,
corridors, stairwells, restrooms and
intermittently used meeting rooms cr
areas. For secondary areas , one
parking space shall be required for
each employee who works regularly
within a secondary area.
Onespace for each three seats.
Retail stores, not otherwise One space for each 200 square feet
specified------------------------- of sales area in the building, plus one
space for each two employees in
areas used exclusively for storage.
Furniture stores--------------------- One space for each 200 square feet
of sales area below 5,000 square
feet, plus one space for each 400
square feet above 5 , 000.
Auto sales--------------------------
Service stations---------------------
Fourspaces for each salesman on
the largest shift.
Fourspaces for each grease or wash
rack.
' Drive-in windows------------------ Off-street movement lane to accomo-
date two cars to the front and two
cars to the rear of -each window,
excluding any car being serviced
at the window.
1
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Kindergartens, nurseries, elementary
Three spaces for each classroom, plus
and junior high schools-------------
off-street passenger loading arrange-
ments.
Senior high schools, trade and
Five spaces for each classroom,
�.
vocational schools , business
plus off-street passenger loading
and professional schools, colleges
arrangements.
and universities-------------------
1
Library, museum, art gallery or
One space for each 400 feet of gross
other cultural facility---------------
floor area for use by the public.
Churches, auditoriums, coliseums,
One space for each five fixed seating
stadiums, arenas, theaters----------
spaces in the largest assembly area.
Non-residential fraternal or social
One space for each 200 square feet
clubs-----------------------------
used for assembly or dancing.
Commercial indoor recreation--------
One space for each 200 square feet
of customer participation area.
'
Golf courses, including
Three spaces for each hold.
miniature -------------------------
4. 6 PARKING LOTS WITH FIVE OR MORE SPACES.
Where off-street parking spaces
p q p
for five or or
more automobiles are per-
'
mitted or required, the following provision shall apply:
1 - Perimeter spaces: All off-street
parking lots shall provide a
minimum of five feet of perimeter space
between the required curb (see below)
and the right-of-way line at any sidewalk
or street.
2. Landscaping: The required perimeter space shall be set off from the
parking area by a curb or bumper not less than four inches or more than eight
inches nigh, and such spaces shall be planted and maintained in lawn or other
appropriate planing, or shall be improved otherwise in keeping with the charac-
ter of adjacent property; and when adjacent to residential property, natural
planting, hedge or solid fence to a height of at least four feet shall screen the
residential property.
3. Lighting: Any lighting shall be so arranged as to direct the light
and glare away from streets and adjacent property.
4. Surfacing: All parking lots stall be graded and surfaced with com-
pacted gravel, black top, concrete or other similar surfacing material to insure
a dustless surface condition.
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S. Drainage: Parking lots shall not drain onto or across public side-
walks, or into adjacent property except into a natural water course or a drainage
easement.
6. Markings: Each parking stall shall be marked off and maintained
so as to be distinguishable.
7. Separation of bumper and walkways: In the event any parking stall
abuts upon a walkway, there shall be a space of at least three and one-half
feet between the wheel bumper or curb and the edge of the walkway.
8. Entrance and exits: On all corner lots, all vehicular openings shall
be located at least twenty feet from the point of intersection of the established
street right-of-way lines. No entrance or exit, whether on a corner lot or not,
shall exceed thirty feet in width at the property line or forty feet at the curb
line except that two drives separated by above ground medians shall be regarded
separately. There shall be a minimum distance between drives of twenty-five
feet measured along the curb line unless such drives are less t .an five feet
apart.
9. Internal circulation : Sufficient area shall be provided within the
property lines of the parking lot, exclusive of required yards, so that all
vehicles may enter and leave the lot in a forward motion.
10. Handicapped parking; All parking lots shall have adequate facilities
for disabled or handicapped individuals in accord with the following standards:
(a) Numbe r of spaces required:
S or less standard spaces---- one handicapped space
6 to 20 standard spaces ----- two handicapped spaces
21 or more standard spaces ---two handicapped spaces, plus
one additional ':andicapped space
per 20 additional standard spaces
(b) Dimensions: All handicapped spaces shall be 12 feet wide and
24 feet long.
(c) Location: Handicapped spaces shall be located as close as
possible to the principal building served by the parking lot (a maximum distance
of 100 feet is preferred) .
(d) Ramps and curb cuts: Where the surface of the parking lot is
not at grade with the surrounding area or where curbs enclosing the lot are oresent,
' adequate and safe access to adjacent walkways must be provided with either
curb cuts or ramps in accord with the following standards:
Ramps shall be clearly identified by permanent lettering on
the surface of the lot and/or the use of signs; shall connect smoothly to the
' -20-

bottom and top of the lot surface and adjacent walkways and be surfaced with
a non-skid material; shall have a maximum gradient of 1.6 (17%) and be a
minimum of 4 feet in width.
(e) Lighting: All ramps, curb cuts, accessways, walks and
handicapped spaces shall be adequately lighted during the hours of operation
of the building or use served by the parking lot.
4.7 OFF STP.EET LOADING
There off-street loading space is required under the district regulations
of a particular district, one or more loading berths or other space shall be
provided for standing, loading and unloading operations either inside or out-
side a building and on the same or adjoining premises with ever: building or
strut tureerected after the enactment of this ordinance; all tc be in accor-
dance with the requirer^er-ts of the following table. A loading berth shall
have minimum plan dimensions of twelve feet by t-.-enty-five feet and fourteen
feet overhead clearance.
USE CIASSMCA'I-'`'1
retail operation, including restaurant and dining facilities -cithin hotels and
' office buillings with a total usable floor area of 20,000 square feet or more
devoted to such purposes ------- one loading berth for every 1-0,000 square feet
of floor area
retail operations, and all first floor non-residential uses, •::ith a gross floor
area of less than 20,001 square feet, and all wholesale and light industrial
operations with a gross door area of less than 10,000 square feet ---one berth.
I
1
office buildin;s and hotels with a total usable floor area of 100,000 square
feet or more devoted to such purposes ---- one loading berth for every 100,000
square feet of floor area
industrial and wholesale operations with.-agross floor area of 10,000 square
feet or over and as folllows:
SOCAEE FEET
MINIMI'`t LOADING BEp.THS
t)----------40,000
square
feet 1
40,000----- 100,000
square
feet 2
100,000----160,000
square
feet 3
160,000---- 240,000
square
feet 4
240,000---- 320,000
square
feet S
320,000---- 400,000
square
feet 6
each additional 90,000 squarefeet above
400,000 1
-21-

I5.0 MOBILE HOME PARKS -REGULATIONS AND DESIGN STANDARDS
I
5.1 GENERAL APPLICATION.
No person may locate or cause to be located, in regard to property under
his possession or control, more than one mobile home on a tract of land other
than a mobile home park.
5.2 MOBILE HOME PARK DEFINED.
' A mobile home park is a tract or parcel of land meeting e minimum
design requirements and site improvements for a building permit -:Cr a mobile
home park issued by the Building Inspector under Section 5.5 a:: 5.6 below.
5.3 PERMITS AND SITE PLANS REQUIRED.
5.3.1 Permits. Prior to any grading, construction, '_--cation of
mobile homes, or any other activity in connection with the operation of a
mobile home park, the owner of the tract of land shall have a building permit
for a mobile home park issued by the Building Inspector. No building permit
for a mobile home park shall be issued until other applicable '_ cal, State or
Federal permits required because of the construction or operatics of the proposed
' park have been issued.
5.3.2 Site Plans . No building permit for a mobile hcrne park shall
' be issued unless the application therefor is accompanied by a site plan. The
site plan shall:
' (a) Be drawn at a scale no less than 1" = 100';
(b) Be submitted in triplicate;
(c) Show the location, size, width, specifications and
arrangements of all required or proposed design requirements and site
improvements;
(d) Show the topography, drainage, soil conditions, existing
vegetation and proposed grading plan;
(e) Show the surrounding land use, location of the park in
relation to the Town, the names of adjoining land owners , and easements;
(f) Be approved by the Navassa Town Council in the same
manner as an amendment to this ordinance would be approved.
' -22-

1 5.4 CERTIFICATE OF COMPLIANCE REQUIRED.
Prior to the location of any mobile home in any mobile home park for
which a permit has been issued in accord with Section 5.3, the owner shall
have a Certificate of Compliance issued therefor certifying that all of the
design requirements and site improvements set out in Sections 5.5 and 5.6
have been met.
5.5 DESIGN REQUIREMENTS.
5.5.1 Minimum Park Size. All mobile home parks shall have a
minimum gross average of three acres and contain at least ten mobile home
spaces.
5.5.2 Access to Public Streets.
(a) Each mobile home within a mobile home park shall have
safe and convenient access to an improved public street, but no individual
mobile -home within a park may have direct, driveway access to an abutting
public street;
(b) The intersection of the public street with the mobile home
park access road shall be designed to facilitate the free movement of traffic on
the public street and minimize the hazards ca::sed by traffic entering or leaving
the park. Signs shall be erected or curb markings painted to indicate that
parking on the entranceway or access road is prohibited within 100 feet of its
' intersection with the public street.
5.5.3 Minimum Lot Size and %Vidth . The minimum lot size for lots
in a mobile home park shall be 5,000 square feet , and each lot shall be a
minimum of 40 feet in width.
5.5.4 Setbacks. All mobile homes shall be so situated on the lot
so that there is at least a 10-foot side yard on each side, and rear and front
yards of 20 feet.
5.6 IMPROVEMENTS AND SERVICES REQUIRED.
5.6.1 Pavement Widths. Pavements shall be wide enough to accomo-
date the expected parking and traffic load for that type of street. In all cases,
paving shall meet the following minimum requirements: (1) Collector streets
with parking allowed'on both sides - 34 feet; (2) collector streets without
parking allowances - 24 feet; (3) one-way minor streets serving less than 20
lots, with no parking allowed - 14 feet.
5.6.2 Street Grades . Grades of all streets shall be sufficient to
insure adequate surface drainage.
i
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5.6.3 Intersections. Street intersections shall generally be at
right angles. Street jogs and intersections of more than two streets at one
point shall be avoided.
5. 6.4 Pavement Surface and Composition. All streets shall be
paved with a material of sufficient composition to insure a smooth, hard, dense,
durable, well -drained surface. The surfaces shall be kept free of cracks and
holes, and the edges suitably protected to prevent raveling or shifting of the
base.
5.6.5 Buffer Zones Required. A suitable buffer zone (see Section 9.0
for definition) shall be required wherever a mobile home park boundary line is
contiguous with that of an industrial -Commercial District.
5.6. 6 Recreation Areas Required . Within every mobile home park
a recreation area intended for the exclusive use of park residents will be pro-
vided. A n3creation area is defired as an area located, designed and intended
solely for recreational non-commercial purposes appropriate for the residents of
the mobile Nome park in which it is located. A minimum of eight per cent of the
gross area in the park will be set aside as a recreation area, and all of such
area will be provided in one location and not at scattered sites. The site plan
shall clearly show the location of recreation areas, their intended recreational
purpose, and the improvements to be provided to make the area suitable for the
recreational activity intended for the area.
5.6.7 Utilities. All parks shall be connected to the Navassa water
system and shall have either an approved septic tank or be connected to a
central sewer.
5.6.8 Street Lights. Street lights shall be provided at intervals and
at lighting intensities sufficient to insure safe and adequate lighting for vehicles
and pedestrians.
5.6.9 Undergrcund Wiring Preferred . Wherever feasible, power
lines, telephone wires and street light lines shall be placed underground.
5.6.10 Mobile Home Stands and Anchors.
(a) The area of the mobile home stand shall be imcroved to
provide an adequate foundation for the placement and anchoring of the mobile
home, thereby securing the home against uplift, sliding, rotation or overturning;
(b) Each mobile home stand shall be provided with anchorage
in accordance with North Carolina Department of Insurance Regulations for Mobile
Homes, as amended.
5.6.11 Refuse Collection. The park owner shall be responsible for
refuse collection. Collection may be provided by the provision of collector
-24-

I
1
I
i
P-1
I
1
bins ("Dempster Dumpsters"), but such bins shall be in sufficient number and
collected frequently enough to assure that no overflow occurs. Bins shall be
screened and maintained in a sanitary, pest -free manner.
-25-

1 6.0 SUPPLEMENTARY REGULATIONS
6.1 VISIBILITY OF INTERSECTIONS IN RESIDENTIAL DISTRICTS.
On a corner lot in any Residential District, nothing shall be erected,
placed, planted or allowed to grow in such a manner as to materially impede
vision between a height of two -and -one-half feet and ten feet move the center-
line grades of the intersecting streets in the area bounded by the street lines
of such corner lots and a line joining points along said street lines fifty feet
from the point of intersection.
6.2 FENCES, WALLS, HEDGES.
Fences, walls and 'hedges may be permitted in any requ::ed yard or along
the e4-ge of any yard as follows:
(a) All Residential Districts: Open and solid fences, -gip to four feet
in height in front yard; solid fences up to six feet in height in side and rear
yards; open fences to any structurally sound height in side and rear yards; solid
rear .-ard fences up to eight feet, as a special use, upon a finding by the Board
of Adjustment that adjacent property would not be adversely af=ec. d.
(b) Commerical -Industrial Districts: Solid and open fences to any
structurally sound height.
(c) -Mobile Home Districts: Solid fences to six feet in any area; open
f ences to any structurally sound height; solid fences up to eight feet, as a
special ruse, upon a finding by the Board of Adjustment that adjacent property
C woul^ not be adversely affected.
6.3 STRUCTURES TO HAVE ACCESS.
rEvery building hereafter erected or moved shall be on a lot adjacent to
a pt:-lic street or with access to an approved private street; any all structures
shall be so located on lots as to provide safe and convenient access for ser-
vicing, fire protection and required off-street parking.
6.4 EXCEPTION TO HEIGHT REGULATIONS.
The height limitations contained in the regulations for each district do
not apply to spires, belfries, cupolas, antennas, water tanks, *ventilators,
chimneys , or other projections usually required to be placed a: o•: e the roof
level and not intended for human occupancy.
-26-

t
'1 6.5
PARKING AND STORAGE OF CERTAIN VEHICLES.
Automotive vehicles or trailers of any kind or type without current
license plates shall not be Parked or stored on any residentially zoned pro-
perty other than in a completely enclosed building.
6.6 ILLUMINATION FACING THOROUGHFARES..
No flood, screening or other type of lighting shall be placed or oriented
so as to direct light rays or glare on the streets and highways in a manner which
might distract or interfere with the vision of motorists or pedestrians in desig-
nated crosswalks. Official traffic signals and street lights are not affected by
this orovision.
6.7 TRANSIT SHELTERS PERMITTED.
Weather shelters at school bus or public transit stops cr stations not
exc-eeding 60 square feet in area, are permitted in all districts.
6.3 ACCESSORY BUILDINGS.
No accessory building shall be erected in any required front or side
yard, and no accessory building shall be erected within ten feet of any
residential building.
-27-

11
t' 7.0 DISTRICT REGULATIONS
7.1 LOW DENSITY RESIDENTIAL.
7.1 .1 Intent. The purpose of the LOW DENSITY RESIDENTIAL
DISTRICT is to establish a residential district composed primarily of single-
family dwellings, conventional and mobile homes, so designed as to prevent the
contamination or pollution of public or private water supplies by requiring lots
lar7e enough for adequate percolation or disposal of sewage where central sewers
are not available. It is further the intent of this district to permit certain service,
institutional, public, agricultural, and other compatible uses as a special use,
if s---ch special uses are so designed and conditioned that they do not conflict
wit, the other purposes of this district.
7.1.2 Us=s Prohibited. Any use not specifically permitted in this
dis-rict, either as a natter of right or as a special use, is hereby prohibited
and shall not be permitted within this district except by amendment to the
ordinance and Official Zoning Map.
7.1 .3 Per -pitted Uses.
Single family dwellings ;
Mobile homes and mobile home parks, subject to Section 5.0;
Hcme occupations, as defined under Section 0.0;
Accessory buildings and uses;
Signs, as permitted in Section 3.0;
Mobile or temporary field office on a building site or in a
subdivision, only during the period of actual construction or development;
Truck gardens and bona fide farms.
7.1 .4 Uses Permitted as Special Uses . (See Subsection 8.4.6.2)
Churches and othe
r places of worship;
Cemeteries;
Publicly operated recreational buildings, playgrounds, parks
and athletic fields;
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Community buildings;
Buildings which are used exclusively by the Federal, State,
County or Town governments, except penal or correctional institutions;
Clubs and grounds for games or sports, provided that any such
use is not primarily for commercial gain and no mechanical amusement equipment
is operated in connection with such games or sports;
i Static transformer stations, transmission lines and towers, but
not including service or storage yards connected therewith; provided, that the
exterior appearance of any building or structure permitted under this paragraph
shall be in keeping with the character of the neighborhood in which it is located;
Day care facilities, provided that the facility is licensed
as required by the North Carolina Day Care Commission as provided in
N.C.G.S. M 110-85 through 110-101, with a certificate of compliance with
said Child Day Care Commission furnished to the Building Inspector by the
operator.
7.1.5 Area, Height and Yard Requirements
(a) The required land area shall be a minimum of 40,000
square feet, and the maximum combined land area that may be covered by all
primary and accessory buildings and structures located on the lot shall be 30
percent of the total lot area.
(b)
The minimum
lot width shall be 150 feet.
(c)
The minimum
width of
side yards shall be
10 feet.
(d)
The minimum
depth of
rear yards shall be
25 feet.
(3)
The minimum
depth of
a front yard shall
be 65 feet from
the centerline of the
street or 35
feet from
the right of way of
the street,
'
whichever is greater.
The minimum
corner side yard depth shall
be 55 feet from
the centerline of the
street or 25
feet from
the right of way of
the street,
whichever is greater.
1
i
1
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(f) No structure shall exceed 35 feet in height unless all
yard spaces are increased 5 feet for each story in excess of 2, or in an amount
proportionate to the increase in height over 35 feet.
(g) All buildings erected in connection with special uses
approved in this district shall have a minimum front yard depth of 75 feet.
7.2 MEDIUM DENSITY RESIDENTIAL.
7.2.1 Intent. The purpose of this Section is to create and maintain
medium density residential neighborhoods composed primarily of single-family
dwellings, conventional and mobile homes, and as special exceptions, such
institutional, public, private and other compatible uses which are so designed,
constructed, conditioned and maintained that they do not detract from the
quality of the district as a place for healthful, quiet and esthetically pleasing
areas for residential living.
7.2.2 Uses Prohibited. Any use not specifically permitted in this
district, either as a matter of right or as a special use, is hereby prohibited and
shall not be permitted within this district except by amendment to the ordinance
and Official Zoning Map_.
7.2.3 Permitted Uses.
Single-family dwellings;
Mobile homes and mobile home parks, subject to Section 5.0;
Duplexes;
Home occupations, as defined under Section 9.0;
Accessory buildings and uses;
Signs, as permitted in Section 3.0;
Mobile office or temporary field office on a building site or
in a subdivision, only during the period of actual construction or development.
7.2.4 Uses Permitted as Special Uses. (See Subsection I.4.6.2)
Churches and other places of worship;
Cemeteries;
Publicly operated recreation buildings, playgrounds, parks
and athletic fields;
Community buildings;
Multi -family housing;
Convenience stores;
Laundromat;
Restaurant -
-30-

which are used exclusive) b the Federal State
Buildings c e u y y ,
County or Town governments, except penal or correctional institutions;
Clubs and grounds for games or sports, provided that any such
use is not primarily for commercial gain and no mechanical amusement equipment
is operated in connection with such games or sports;
Static transformer stations, transmission lines and towers, but
not including service or storage yards connected therewith; provided, that the
exterior appearance of any building or structure permitted under this paragraph
shall be in keeping with the character of the neighborhood in which it is located;
Day care facilities, provided that the facility is licensed
as required by the North Carolina Day Care Commission as provided in N.C.G.S.
§§ 110-85 through 110-101, with a certificate of compliance with said Child Day
Care Commission furnished to the Building Inspector by the operator.
7.2.5 Area, Height and Yard Requirements
(a) The required land area shall be a minimum of 20,000 square
feet, and the maximum land area that may be covered by all primary and accessory
buildings and structures located on the lot shall be 30 percent of the total
lot area.
(b) The minimum lot width shall be 90 feet.
(c) The minimum width of side yards shall be 10 feet.
(d) The minimum depth of rear yards shall be 25 feet.
(e) The minimum depth of a front yard
shall be 65
feet
from the centerline of the street or 35 feet from the street right of
way,
whichever is greater; the minimum corner side yard depth shall be 55
feet from
the centerline of the street or 25 feet from the right of
way of the
street,
whichever is greater.
(f) No structure shall exceed 35 feet
in height,
unless all
yard spaces are increased 5 feet for each story in excess
of 2, or in
an amount
proportionate to the increase in height over 35 feet.
I
1
I
A -31-

I
1, (g) All buildings erected in connection with special uses
approved in this district shall have a minimum front yard depth of 75 feet.
7.3 COMMERCIAL -INDUSTRIAL DISTRICT.
7.3.1 Intent. This Section is intended to create and maintain a
district composed primarily of industrial uses and to impose on these uses
reasonable standards and criteria for their performance, location, design, opera-
tion and maintenance, so as to assure that they do not interfere with the peaceful
enjoyment and health of residents and their neighborhoods; and further, to permit
the location of certain commercialuses as a special use.
7.3.2 Uses Prohibited. Any use not specifically permitted in this
district, either as a matter of right or as a special use, is hereby prohibited
and shall not be permitted within this district except by amendment to the
ordinance and Official Zoning Map.
1 7.3.3 Uses Permitted.
(a) The use of land and buildings for research, manufacturing,
processing, fabrication, assembly, freight handling, storage and distribution,
as well as administration, offices and sales in direct connection with the
foregoing; ^
(b) Resource extraction and conversion operations such as
quarrying, brick making, and milling;
(c) Refineries;
(d) Chemical or fertilizer manufacturing operations;
(e) Operations involving the manufacture of explosives or
toxic chemicals;
(f) Primary or secondary metal manufacture , including junk
salvage;
(g) Operations involving the manufacture of stone, glass,
clay, rubber or plastic products;
(h) Accessory buildings and structures;
(i) Signs as permitted in Section 3.0;
0) Mobile or temporary office on a building site or in a
subdivision, only during the actual period of construction or development.
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7.3.4 Commercial Uses Permitted as a Special Use. (See Sub-
section 8.4.6.2)
(a) Clinics, medical or dental laboratories;
(b) Retail stores and service establishments;
(c) Offices;
(d) Hotels and motels;
(e) Commercial recreational establishments;
(f) Filling stations and auto repair garages;
(g) Restaurants and banks;
(h) Wholesale establishments.
7.3.5 Area, Height and Yard Requirements. No specific general
requirements .
7.3.6 Site Plans Required. None of the uses authorized in this
district shall be permitted until a site plan snowing the proposed development
has been approved in the same manner as that required herein for an amendment
to t^is ordinance. The site plan shall show the following features with proposed
dimensions to a scale not smaller than 1 inch = 40 feet.
(a) Location, arrangement and dimensions of automobile park-
ing space , width of aisles, width of bays, and angle of parking;
(b) Location, dimensions and arrangement of truck loading
and unloading spaces and docks;
(c) Location and dimensions of streets, vehicular entrances,
exits and drives;
(d) Location and dimensions of pedestrian entrances, exits,
walks and walkways;
I(e) General drainage system;
(f) Location and materials of walls, fences and proposed signs;
1 (g) Ground cover, topography, slopes, banks and ditches;
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(g) All buildings erected in connection with special uses
approved in this district shall have a minimum front yard depth of 75 feet.
7.3 COMMERCIAL —INDUSTRIAL DISTRICT.
7.3.1 Intent. This Section is intended to create and maintain a
district composed primarily of commercial and industrial uses and to impose on
these uses reasonable standards and criteria for their performance, location, de—
sign, operation and maintenance, so as to assure that they do not interfere with the
peaceful enjoyment and health of residents and their neighborhoods; and further, to
permit the location of certain commercial and industrial uses as a special use.
7.3.2 Uses Prohibited. Any use not specifically permitted in this
district, either as a matter of right or as a special use, is hereby prohibited
and shall not be permitted within this district except by amendment to the
ordinance and Official Zoning Map.
7.3.3 Uses Permitted.
(a) Clinics, medical or dental laboratories;
(b) Retail stores and service establishments;
(c) Offices;
(d) Hotels and motels;
(e) Commercial recreational establishments;
(f) Filling stations and auto repair garages;
(g) Restaurants and banks;
(h) Wholesale establishments;
(i) The use of land and buildings for research, manufacturing,
processing, fabrication, assembly, freight handling, storage and distribution,
as well as administration, offices and sales in direct connection with the
foregoing;
(j) Refineries;
(k) Chemical or fertilizer manufacturing operations;
. (1) Operations involving the manufacture of stone, glass,
clay, rubber or plastic products;
(m) Accessory buildings and structures;
(n) Signs as permitted in Section 3.0;
(o) Mobile or temporary office on a building site or in a
subdivision, only during the actual period of construction or development;
—32—

(p)
Automobile care center;
(q)
Automotive services (cleaning, polish, towing, etc.);
(r)
Building materials dealers;
(s)
Bus and taxi
service;
(t)
Communication facilities, including radio and TV stations,
towers, etc.;
(u)
Contractors,
building -residential construction with no
open storage of materials;
(v)
Contractors,
building -residential construction with open
storage of materials;
(w)
Contractors'
equipment and supply dealers and service;
(x)
Contractors,
general
(y)
Contractors,
heavy construction; grading, paving, marine,
etc.;
(z)
Contractors,
special trades — electricians, plumbers,
etc.;
(aa)
Electric motor repair shop;
(bb)
Fishing, commercial;
(cc)
Fuel and ice dealers;
(dd)
Kennels;
(ee)
Labor unions and similar organizations;
Launderers, industrial;
(ff)
(gg)
Mini -warehousing;
(hh)
Motor freight companies;
(ii)
Movers, van lines and storage;
(jj)
Package delivery services, commercial;
(kk)
Parks and recreation areas, municipal;
(11)
Printing, commercial
i
I -32a-

I
7.3.4 Commercial and Industrial Uses Permitted as a Special Use.
(See Sub -section 8.4.6.2)
(a) Resource extraction and conversion operations such as
quarrying, brick making, and milling;
(b) Operations involving the manufacture of explosives or
toxic chemicals;
(c) Primary or secondary metal manufacture, including junk
salvage;
(d) Gas companies (LP -bottled and bulk storage)
7.3.5 Area, Height and Yard Requirements. No specific general
requirements.
7.3.6 Site Plans Required. None of the uses authorized in this
district shall be permitted until a site plan showing the proposed development
has been approved in the same manner as that required herein for an amendment
to this ordinance. The site plan shall show the following features with proposed
dimensions to a scale not smaller than 1 inch = 40 feet.
(a) Location, arrangement and dimensions of automobile park-
ing space, width of aisles, width of bays, and angle of parking;
(b) Location, dimensions and arrangement of truck loading
and unloading spaces and docks;
(c) Location and dimensions of streets, vehicular entrances,
exits and drives;
(d) Location and dimensions of pedestrian entrances, exits,
walks and walkways;
(e) General drainage system;
(f) Location and materials of walls, fences and proposed
signs;
(g) Ground cover, topography, slopes, banks and ditches;
-33-

(h) The proposed location, dimensions, and proposed set-
backs of primary and accessory buildings and structures;
(1) Dimensions of lots, zoning of lot and adjacent property,
location of easements;
(j) Any additional information required by administrative and
legislative officers in order to determine whether the required findings can be
made.
Upon a finding by the Board of Aldermen that the proposed plan
will: (1) provide unity of development with other commercial and industrial
properties in the area; (2) adequately protect residentially zoned property from
the adverse effects of business operations; (3) provide safe conditions for
pedestrians and motorists; and that (4) the design of structures and use of
materials are compatible with neighboring structures and properties, then the
plan shall be approved and a copy thereof filed with the Building Inspector.
No building permit or certificate of occupancy shall be issued except for con-
struction in conformity with the approved plan.
7.3.7 Construction and Operation Standards . An use of land or
P Y
bui'dings permitted as either a matter of right or as a special exception in, the
I-1 INDUSTRIAL DISTRICT shall comply with the following standards for con-
struction and operation of such use. Failure to comply with any standard con-
tained in this section shall be deemed a violation of this ordinance , punishable
under Section 1 .7.
(a) Noise: Industrial noise shall be measured on any
property line of the tract on which the industrial operation is located. Noise
shall be muffled so as not co become objectionable due to intermittent beat
frequency, shrillness, or intensity.
(b) Odors: Any activity carried on upon the premises shall
not create any obnoxious, offensive, harmful or annoying odor that shall inter-
fere with adjoining property, or occupants of adjoining property.
(c) Glare: Glare , whether direct or reflected, such as from
floodlights or high temperature processes , and as differentiated from general
illumination, shall not be visible at any property line.
(d) Exterior Lighting: Any lights used for exterior illumina-
tion shall direct light away from adjoining properties;
(e) Vibration: Vibration shall not be discernible at any pro-
perty line to the crdinary human sense of feeling for three minutes or more d::ra-
Lion in any one hour.
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(f) Smoke: Measurement shall be at the point of emission.
The Ringleman Smoke Chart published by the United States Bureau of Mines
shall be used for the measurement of smoke. Smoke not darker or more opaque
ithan No. 1 on said chart may be emitted, except that smoke not darker or more
opaque than No. 2 on said chart may be emitted for periods not longer than
four (4) minutes in any thirty (30) minutes. These provisions, applicable to
visible grey smoke, shall apply to visible smoke of a different color but with
an equivalent apparent capacity.
(g) Dust: Measurement shall be at the point of emission.
Solid or liquid particles shall not be measurable in concentrations exceeding
0.3 grains per cubic foot of the conveying gas or air. For measurement of the
amount of particles in gases resulting from combustion, standard corrections
shall be applied to a stack temperature of 500 degrees Fahrenheit and 50 per
cent excess air.
(h) Gases: Fumes or gases shall not be emitted at any point
in concentrations or amounts that are noxious, toxic or corrosive .
(1) Hazard: Any industrial operation shall be carried on with
reasonable precautions against fire and explosive hazards.
0) Electrical Radiation: No electrical radiation shall adversely
affect at any point operations or equipment other than those of the creator of the
radiation. Avoidance of adverse effects from electrical radiation by appropriate
single or mutual scheduling of operations is permitted.
(k) Waste: All sewage and industrial wastes shall be
treated and disposed of in such manner as to comply with the water quality
standards applicable to the classification assigned to the receiving waters by
the State of North Carolina. Approval of all plans for waste disposal facilities
by all appropriate federal, state and local agencies shall be required before the
issuance of any building permit.
t
1 -35-

1 8.0 ADMINISTRATION AND ENFORCEMENT
8.1 DEPARTMENT OF LAND USE AND BUILDING INSPECTIONS ESTABLISHED.
In accord with North Carolina General Statutes § 160A-411 , there is
hereby established as a part of the Town of Navassa aDepartment of Land Use
and Building Inspections (hereinafter, the Department") . This Department shall
have the responsibility and duty to enforce the provisions of this ordinance and
all other land use ordinances (including subdivision regulation:), building and
other construction codes within Navassa's jurisdiction; and all the dutues and
responsibilities set out in North Carolina General Statutes § 16.A-411.
8.2 LAND USE AND BUILDING INSPECTION OFFICER.
The position of Land Use and Building Inspection Office: is hereby
created within the Department of Land Use and Building Inspections. The posi-
tion shall be filled by a qualified individual appointed by the `.'ayor and Town
Council. Such individual shall have the responsibility of admiiistering and
enforcing this ordinance and all other land use ordinances, including sub-
division regulations, of the Town that may be assigned to the Department of
Land Use and Building Inspections. The Mayor and Town Council may provide
such compensation, supplies, and equipment as necessary and assign such
additional duties and responsibilities, in addition to those set out in Section 8.1
above, as may be required from time to time. The Mayor and Town Council may
contract for the services of Land Use and Building Inspector fr= such cualified
individuals, institutions or units of government as may be appropriate.
8.3 PERMITS AND CERTIFICATES OF OCCUPANCY.
i► 8.3.1 Permits Required Generally. When the total cost of construc-
tion exceeds $330.00, no excavation shall be commenced, no :-all, structure,
building or sign shall be erected, moved or structurally altered, no land or
premises used regardless of cost, until a valid Building Permit therefor has been
obtained from t',e Building Inspector in accordance with the provisions of this
ordinance.
8.3.2 Permits Required Prior to Issuance of Building Permit. The
Building Inspector may deny any Building Permit for any construction or altera-
tion of a building or structure, excavation, or use or occupancv of land until
issuance and presentation of any local, State or Federal permits that may be
required by such use, construction or excavation.
8.3.3 Application for Building Permit. All applications for a build-
ing permit shall be accompanied by accurate plot plans in triplicate and drawn
-36-

to a scale of not less than 1" = 50' showing the actual shape and dimensions
of the lot to be built upon, the legal description of the lot, the exact sizes and
locations on the lot of the buildings and accessory buildings already existing,
and the location and dimensions of the proposed building, use or alteration,
the existing and inteded use of each building or part of buildings, the number
of families, housekeeping units or rental units the building is designed to
accomodate, and such other information with regard to the lot and neighboring
lots as may be necessary to determine and provide for the enforcement of this
ordinance. If the application is for a building permit to erect or alter a sign,
the application shall comply with the provisions of Section 3.0 of this ordinance .
8.3.4 Certificate of Occupancy. No land shall be used or occupied
and no building hereafter structurally altered or erected shall be used or changed
in use until a Certificate of Occupancy shall have been issued by the Building
Inspector stating that the building and/or the proposed use thereof complies
with the provisions of this ordinance. When the structure or use is in violation
of this ordinance , a Certificate of Occupancy shall not be issued even if the
proposed structure or use is in compliance with any other applicable code or
ordinance.
A Certificate of Occupancy shall be issued within 10 days
after the erection or structural alterations of such buildings 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 Building Inspector; and copies shall be furnished, on request, to any
person having a proprietary or tenancy interest in the building erected or use
of the premises. No permit for excavation 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. Such
statement of intended use shall be included with the applicaticn for Certificate
of Occupancy and/or Building Permit.
8.3.5 Expiration of Permit. If the work described in any Building
Permit has not begun within 90 days or been substantially completed within
2 years of the issuance of the permit, the permit shall expire. Before any :work
authorized under the terms of the original permit shall proceed, re -application
for a new permit shall be made.
8.3.6 Construction and Use to be Provided in Application, Plans,
Permits, and Certificates of Occupancy. Building Permits or Certificates of
Occupancy issued on the basis of plans and applications approved by the Build-
ing Inspector authorize only the use, arrangement or construction as shown in
said plans and applications ..
a -37-

8.4 BOARD OF ADJUSTMENT.
8.4.1 Established. A Board of Adjustment is hereby established in
accord with North Carolina General Statutes § 160A-388 and is vested with all
the powers and responsibilities of that section.
8.4.2 Town Council Members to Serve as Members of Board of
Adjustment. Each of the respective members of the Town Council of the Town of
Navassa shall serve ex officio as a member of the Board of Adjustment. For
purposes of convenience, the Town Council may hold Board of Adjustment meet-
ings at the same times and places as Council meetings; however, no proceedings
of the Board of Adjustment shalt be conducted while the Town Cos ncil is in
session, and all required public notices of proposed or pending Board of Adjust-
ment action shall be advertised separately. Further, the Board of Adjustment
shall '.keep separate minutes, records, roll calls and rules of procedure from
the Town Council in accord with Section 8.4.3 below. The Mayor shall serve
as Chairman of the Board of Adjustment.
8.4.3 Proceedincs of the Board of Adjustment. The Board of Adjust-
ment shall adopt rules necessary to the conduct of its affairs and in keeping
with the provision of this ordinance. Meetings shall be held at the call of the
Chairman and at such times as the Board may determine. The Chairman, or in
his absence the acting Chairman, may administer oat`is and compel the attendance
of witnesses. All meetings shall be open to the public.
The Board of Adjustment shall keep minutes of its proceedings
showing the vote of each member upon each question, or if absent or failing to
vote, indicating such fact, and shall keep records of its examinations, findings
and other official actions , all of which shall be a public record and be immedi-
ately filed in the office of the Board.
8.4.4 Hearings; Appeals; Notices. Appeals to the Board of Adjust-
ment concerning interpretation or administration of this ordinance may be taken
by any person aggrieved or by any officer or Board of the governing body of the
Town of Navassa affected by any decision of the Building Inspector. Such
appeals shalt be taken within a reasonable time, not to exceed 60 days or such
lesser period as may be provided by the rules of the Board, by filing with the
Building Inspector and with the Board of Adjustment a notice of appeal specify-
ing the grounds thereof. The Building Inspector shall immediately transmit to
the Board all papers constituting the record upon which the action appealed
from was taken.
The Board of Adjustment shall fix a reasonable time for the
hearing of appeal, give public notice thereof, as well as due notice to the
parties in interest, and decide the same within a reasonable time. At the hear-
ing, any party may appear in person or by agent or attorney.
-38-

8.4. S Stay of Proceeding. An appeal stays all proceedings in
furtherance of the action appealed from, unless the Building Inspector from
whom the appeal is taken certifies to the Board of Adjustment after the notice of
appeal is filed with him, that by reason of facts stated on the certificate, a
stay would, in his opinion, cause imminent peril to life and property. In such
case, proceedings shall not be stayed other than by a restraining order which
may be granted by the Board of Adjustment or by a court of record on application,
on notice to the administrative official from whom the appeal is taken and on
due cause shown.
8.4. 6 Powers and Duties. The Board of Adjustment shall have the
follc:-,-:ng powers and duties:
8.4.6.1 Administrative Review: To hear and decide
appeals where it is alleged there is error in any order, requirement, decision
or cs:ermination made by the Building Inspector in the enforcement of t:,is
ordi-^.ance .
(a) A written application for administrative
revi::i shall be submitted indicating the provision of the ordinance or adminis-
trati-:e action in question, asking a specific question to be resolved by the
Boa.--, stating the reasons in support of the contention that the Building
Inspector has not correctly administered the ordinance, and providing such
other relevant data as may be required by the Town.
(b) The applicant shall be notified at least 15
days iZ advance of the public Nearing of his appeal before the Board.
(c) The hearing shall be held and the applicant
(appellant), or his agent, shall present information relevant to his appeal, the
Bui -'ing Inspector shall present information relevant to his reasons for the course
of a,:ninistrative action being appealed, and the Tom may introduce relevant
data regarding the administration of the Ordinance.
(d) The Board shall, by answering the specific
question asked by the applicant, decide whether the Building Inspector correctly
administered the Ordinance or was in error and shall direct that appropriate
action be taken by the appellant and/or Building Inspector.
8.4.6.2 Special Uses: To hear and decide only such
applications for special uses specifically authorized by this ordinance; to decide
such questions as are involved in determining whether special use permits should
be .;ranted; and to grant special use permits with such conditions and safeguards
as are appropriate under this ordinance, or to deny special use permits when not
in harmony with the purpose and intent of this ordinance.
-39-

IJ
Procedure: A special use permit shall not be
granted by the Board of Adjustment unless and until:
1) A written application for a
( PP special use
permit is submitted indicating the section of this ordinance under which the
special use is sought, stating the grounds on which it is sought, and providing
such plans and specifications as may be required by the Town.
1 (2) The application for the special use permit
has fast been submitted to the Navassa Planning Board for its recommendation
in the same manner and under the same procedures as required in the case of an
amen:iment to this ordinance.
(3) Fifteen days' notice of the time and place
of t`:= public hearing shall be published in a newspaper of general circulation in
the Cwn. The applicant shall be notified by certified mail. Notice of such
hearing shall be posted on the property for which a special use permit is sought
at least 15 days prior to the public hearing.
(4) The public hearing shall be held by the
Boar- of Adjustment. Any party may appear in person, or by agent or attorney,
to cr went information relevant to the requirements of the ordinance.
(5) The Board shall make written findings
cert::ying:
(a) That it is empowered under the
sec: -:.on of this ordinance described in the application to grant the special use
permit;
(b) That the granting of the special use
permit will not adversely affect the public interest;
(c) Compliance with
the Specific rules governing individual special uses; and,
i
(d) That satisfactory provision and arrange-
ment has been made concerning the following, where applicable:
(1) Ingress and egress to property
and proposed structures thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and control, and access In case
of _`ire or emergency;
(2) Off-street parking and loading
areas as required by Section 4.0;
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(3) Refuse and service areas, with
particular reference to the items in (1) and (2) above ;
(4) Utilities, with reference to
locations, availability and compatibility with surrounding properties;
(5) Screening and buffering with
reference to type , dimension and character, if applicable;
(6) Sign regulations, if any, and
proposed exterior lighting with reference to glare, traffic safety, economic
effect, and compatibility and harmony with properties in the district;
(7) Required yards and other open
spaces;
(8) General compatibility with
adjacent properties and other property in the district.
(6) If the Board of Adjustment finds that,
either because of the nature of the proposed use or proximity to adjoining
properties , the use will materially interfere with the purposes for which the
district was established, the Board may impose such reasonable conditions
necessary to insure that the use is in harmony with the purposes for which the
district was established.
8.4.6.3 Variances; Conditions Governinc Aoolications;
Procedures: The Board of Adjustment is authorized to grant (upon appeal) a
variance from the terms of this ordinance when practical difficulties or unneces-
sary hardships would result from carrying out the strict letter of this ordinance
and in order to insure that the spirit of the ordinance is observed, the public
welfare and safety are secured, and substantial justice is done.
A variance from the terms of this ordinance shall not be
granted by the Board of Adjustment until:
(1) A written application for a variance is submitted demon-
s tra ting:
(a) That practical difficulties or unnecessary hardships
will result if the variance is not granted. In support of the applicant's con-
tention that unnecessary hardships or practical difficulties will result, the
applicant must demonstrate that:
(1) Strict compliance with the terms of the ordinance
will deprive him of any reasonable return from or use of his property;
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(2) The hardship results from the application of the
ordinance;
(3) The hardship is suffered by the land in question;
(4) The hardship is not the result of the applicant's
own actions- or negligence;
(5) The hardship is peculiar to the applicant's pro-
perty and not to all other properties similarly situated in the general area;
(b) The variance is in harmony with the general purpose
and intent of the ordinance and preserves its spirit;
(c) If the variance is granted, the public safety and
welfare will be secured and substantial justice done.
(2) Notice of public hearing shall be given as in Section
8. 4. 5.2 above.
(3) The public hearing shall be held. Any party may appear
in person, or by agent or by attorney, to present information relevant to the
recuired findings.
(4) In order to grant a variance , the Board cf Adjustment must
find that the requirements above have been met with respect to the property in
question and -nest specify the evidence which justifies its findings.
(5) The granting of a variance shall be accc-npanied by the
Bcard of Adjustment's stipulation that the variance is the minimum variance that
will make possible the reasonable use of the land, building or structure.
In granting any variance, the Board of Adjus--ment may prescribe
appropriate conditions and safeguards in conformity with this ordinance. Viola-
tion of such conditions and safeguards, when made a part of the terms under
which the variance is granted, shall be deemed a violation of this ordinance and
punishable under Section 1 .7 of this ordinance.
Under no circumstances shall the Board of Adjustment grant a
variance to allow a use not permissible under the terms of this ordinance in the
district involved, or any use expressly or by implication prohibited by the terms
of this ordinance in said district.
8.4.7 Board Has Powers of Administrative Official on Appeals;
Reversing Decision of Administrative Official. In exercising t::e above mentioned
powers , the Board of Adjustment may, so long as such action is in conformity
with the terms of this ordinance, reverse or affirm, wholly or partly, or may
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modify the order, requirement, decision, or determination appealed from, and
may make such order, requirement, decision or determination as should be made,
and to that end shall have the powers of the Building Inspector or other adminis-
trative official from whom the appeal is taken.
The concurring vote of four members of the Board shall be
necessary to reverse any order, requirement, decision or determination of the
administrative official, or to decide in favor of the applicant on any matter
upon which it is required to pass under this ordinance, or to effect any variation
in the application of this ordinance.
8.4.8 Aooeals from the Board of Adjustment. Any person or persons,
any board, taxpayer, or department of the Town aggrieved by any decision of
the Board of Adjustment may seek review by a court of record of such decision,
in the manner provided by the laws of the State of North Carolina.
8.5 AMENDMENTS.
8.5.1 Procedures; Findings of Planning Board The re
gulations,
restrictions and boundaries set forth in this ordinance may from time to time be
amended, supplemented, changed or repealed by the Board of Aldermen, provided,
however, that no such action may be taken unless and until:
(a) A public hearing has been held at which parties in interest
and citizens have had an opportunity to be heard;
(b) Notice of the time and place of such hearing shall be
published twice in a newspaper of general circulation in the Town, the first time
to be not less than 15 days nor more than 25 days before the hearing date;
(c) The proposed change, amendment, repeal, or supplement
has been submitted to the Planning Board for its recommendation and such
recommendation has been received by the Board of Aldermen, or waived as pro-
vided in Section 8.8.;
(d) The compatibility of the proposed amendment with the
officially adopted Land Use Plan has been announced to and considered by the
Planning Board and Board of Aldermen.
In case, however, of a protest against such change, signed by the
owners of twenty percent.or more either of the area of the lots included in a pro-
posed change, or of those immediately adjacent thereto either in the rear thereof
or on either side thereof, extending 100 feet therefrom, or of those directly
' opposite thereto extending 100 feet from the street frontage of the opposite lots,
an amendment shall not become effective except by favorable vote of three -
fourths of all the members of the Board of Aldermen. No protest against any
change in or amendment to a zoning ordinance or zoning map shall be valid or
' -43-

effective for the purposes of this section unless it be in the form of a written
petition actually bearing the signatures of the requisite number of property
owners and stating that the signers do protest the proposed change or amendment
and unless it shall have been received by the Town Clerk in sufficient time to
allow the Town at least two normal work days, excluding Saturdays, Sundays
and legal holidays, before the date established for a public hearing on the pro-
posed change or amendment, to determine the sufficiency and accuracy of the
petition. The Board of Aldermen may require that all protest petitions be on a
form prescribed and furnished by the Town, and such form may prescribe any
reasonable information deemed necessary to permit the Town to determine the
sufficiency and accuracy of the petition.
8. 5.2 Time Lacse Between Similar Applications. Applications to
change the zoning classification of a given parcel of property or land area
'
shall not be reviewed by the Planning Board or Town Council more than once in
any 12 month period.
8.6 PLANNING BOARD.
In addition to the powers and duties conferred on the Planning Board by
Ordinance Number the Planning Board shall have the following powers
and duties under this ordinance:
(a) To review and recommend the approval or disapproval of any applica-
tion for any special uses applied for under the terms of this ordinance;
(b) To review and recommend the approval or disapproval of any applica-
tion for an amendment to t': e text, schedule of regulations, or Official Zoning
Map of this ordinance.
The Planning Board is authorized to require that the applicant for an
amendment to this ordinance submit evidence concerning ingress and egress to
the property, off-street parking and loading areas, refuse and service areas,
utilities, screening and buffering, signs, required yards and open spaces, and
general compatibility with neighboring uses.
8.7 ENVIRONMENTAL I`iIPACT STATEMENTS.
In any matter normally requiring Planning Board review and involving a
major development project by a private developer or special purpose unit of
government, the Planning Board may require, under authority of the North
Carolina Environmental Policy Act of 1971 and in order to promote the objectives
of this ordinance, a statement of anticipated environmental impact. Prior to the
recommendation of the Planning Board and/or the issuance of any building permit
or certificate of occupancy related to said contract, the private or governmental
developer may be required to submit a detailed statement setting forth to the
fullest extent possible:
'
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1 (a) The environmental impact of the proposed project;
(b) Any significant environmental effects which will occur should the
project be implemented;
(c) Measures proposed to mitigate negative effects that may occur;
(d) Alternatives to the proposed action.
A major development project shall include shopping centers, subdivision
and other housing projects and industrial, commerical, institutional or public
works projects; however, a major development project shall not include any
project of less than two contiguous acres in extent.
The term environmental impact, as used in '-*-.a context of this section ,
shale include any changes, positive or negative, in the social, economic, or
natural surroundings of the Town of Navassa which -ay result from implementa-
tion of this project.
8.8 RECOI:'vIENDATION TO BE MADE WITHIN 6-D DAYS.
In the case of any application for a special exception or any proposed
' amendment to this ordinance for which a recommendation of the Planning Board
is required, such recommendation shall be made within 60 days after the first
meeting at which the complete application or proposed amendment is considered
by the Planning Board. If no recommendation is made within the required time,
the application or proposed change will be automatically referred to either the
Board of Adjustment or Bcard of Aldermen, as appropriate. Such automatic
referral will constitute neither approval nor disapproval of the application or
proposed amendment, but no recommendation may be made after the required
time has expired. An extension of the required tire:- may be permitted with the
consent of the applicant. If an Environmental Impact Statement is required, the
applicant shall have an additional 90 days for the preparation of such statement
after the date of request by the Planning Board, and the Board shall have 60 days
from, the date of its submission to make its recommendation as provided above.
8. 9 CONS[STENCY REVIEW FOR CAMA REQUIRED
Prior to the issuance of any building permit or the approval of any amendment
or variance to the ordinance or ma p, the proposed action shall be reviewed for
consistency and compliance with the Coastal Area Management Act and the rules
and regulations promulgated thereunder. All permits, amendments, or variances shall
contain the following language(or the equivalent in effect): This (permit, variance
ar =ndment) has been reviewed for compliance with the North Carolina
Coastal Area Mana gement Act and found to be consistent with all of its terms and
' applicable regulations. This statement shall be signed by the local official
designated to issue minor development permits within Areas of Environmental Concern.
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9.0 DEFINITIONS
For the purposes of this ordinance, certain terms or words used herein
shall be interpreted as follows:
The word person includes a firm, corporation, association partnership,
� P P P.
trust, company or organization, as well as an individual.
The present tense includes the future tense, the singular number
incl:--des the plural, and the plural includes the singular.
The Nord shall is mandatory, the word may is permissive.
The words used or occupied include the words intended, designed or
arranged to be used or occupied.
The word lot includes the words plot or parcel.
Accessory use or structure --a use or structure on the same lot with, and of a
nature customarily incidental or subordinate to, the principal use or structure.
Portable utility and storage sheds are included within this definition.
Bur__r zones --those areas surrounding a proposed land use which are required
' to provide protection for neig^boring land uses from the adverse environmental
effects of noise , heat, odor, vibration, glare dust, or visual blight. No
buildings, signs or vehicles are allowed in such zones, which shall include
only plantings and any required fences. Buffer zones shall be continuously
maintained in evergreen trees, such as loblolly pine (Pinus taeda) , longleaf
pine (Pinus palustris), or Scotch pine (Pinus sylvestris). Within four years
after establishment of a buffer zone requirement in a particular location, the
maximum visibility from one district to another, from ground level to a height
of at least six feet, shall be no greater than twenty percent. The buffer zones
shall be initially planted at a density of one tree per twelve square feet or other
such arrangement which is designed to achieve the above screening objective.
Buildable area --the portion of a lot remaining after required yards have been
provided.
Building --a structure with a roof and walls and which is designed for relatively
permanent use as a dwelling, office, business, industrial plant, storage area,
accessory structure, or other substantial use.
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Bona fide farm --farming enterprise whose central activity is the cultivation of
crops for marketing, including open fields under cultivation or conservation,
' related buildings and structures , and incidental livestock. Bona fide farms may
include the growing of food, plants and trees, but shall not include the raising
of animals as a primary activity. Farms may also include residence for persons
connected with the farming activity.
Depth, yard --a setback dimension between the lot line (front or rear) and a line
parallel to the lot line at the required distance; if there is no rear yard line, the
depth is the dimension(s) between the intersection of side lot line and a line
tangent to a radius at the required distance .
' Dwelling, multi -family --a dwelling or building containing three or more dwelling
units including apartment houses, townhouses and condominiums.
' Dwelling sir.^le-family--a detached residential dwelling unit other than a mobile
_� y g
' home, designed for and occupied by one family only.
Dwelling unit --one room or rooms connected together constituting a separate,
independent housekeeping establishment for owner occupancy, or rental or lease
on a weekly, monthly or longer basis, and physically separated from any other
rooms or dwelling unit which may be in the same structure, and containing
independent cooking and sleeping facilities .
Family --one or more persons occupying a single dwelling unit, provided that
' unless all members are related by blood or marriage, no such family shall con-
tain over five oersons, but further provided that domestic servants employed on
the premises may be housed on the :;rm-:nises without being counted as a family
or families.
Filling station --building and premises where gasoline, oil grease, batteries and
other automobile supplies and accessories may be supplied and dispersed at
retail, and where in addition the following services may be rendered and sales
made, and no other:
(a) Sale and servicing of spark plugs, batteries and distributors and
distributor parts;
(b) Tire servicing and repair, but not recapping or regrooving;
(c) Replacement of mufflers and tail pipes, water hose, fan belts, brake
fluid, light bulbs, fuses, floor mats , seat covers, windshield covers and wiper
blades, grease retainers, wheel bearings, mirrors and the like;
(d) Radiator cleaning and flsshing;
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1
(e) Washing and polishing and sale of automobile washing and
polishing materials;
' (f) Greasing and lubrication;
(g) Providing and repairing fuel pumps, oil pumps and lines;
(h) Minor servicing and repair of carburetors;
(1) Emergency wiring repairs;
0) Adjusting and repairing brakes;
(k) Minor motor adjustments not involving removal of t'-e head or
' crankcase or racing the motor;
(1) Sale of cold drinks, packaged foods , tobacco and similar convenience
' goods for filling station customers, as necessary and incidental to principal
operations;
(m) Provision of road maps and other informational' material to
principal operations;
Uses permissible at a filling station do not include manor mechanical
and body work, straightening of body parts , painting, wleding, storage of auto-
mobiles not in running condition, sale of automobiles, or other work involving
noise, glare, fumes, smoke or other characteristics to an extent not norr:ally
found In filling stations. A filling station is not a repair garage, body shop,
auto sales lot, or auto parts salvage operation.
Navassa's jurisdiction --all lands within the corporate limits as shown on the
Official Zoning Map.
Home occu atior.--an occupation conducted in a dwelling unit, provided that;
(a) No more than one 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 purposes by its
occupants, and not more than 25 per cent of the floor area of t e dwelling unit
shall be used in the conduct of the home offupation;
(c) There shall be no change in the outside appearance of the dwelling
or premises; or other visible evidence of the existence of the home occupation
other than one sign, not exceeding two square feet in area and non -illuminated;.
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(d) No home occupation shall be conducted in any accessory building;
(e) There shall be no outside or display sales in connection with such
home occupation;
(f) 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 such home occupation shall be met off the street
and other than in a required front yard;
(g) No equipment or process shall be used in such occupation which
' creates noise , vibration, glare , fumes , odor or electrical interference , detectable
to the normal senses off the lot, if the occupation is conducted in a single-
family residence, or outside the dwelling unit if conducted in a multi -family
development. In the case of electrical interference, no equipment or process
shall be used which creates visual or audible interference in anv radio or tele-
vision receivers off the premises, or causes fluctuations in lire voltage off the
premises.
Examples of bona fide home occupations are the offices of members of
recognized professions (such as lawyers, physicians, accountants, architects,
planners) and activities utilizing usual home facilities, including dress-
making, music teaching, preserving foods, ironing clothes, crafts and artistry.
Loading space , off -street --space logically and cow.7eniently located for bulk
pickups and deliveries , scaled to delivery vehicles expected to be used, and
' accessible to such vehicles when required off-street parking spaces are filled.
Required off-street loading space is not to be incl�.:ded as off-street parking
space in computation of required off-street parking space.
Lot --for purposes of this ordinance, a lot is a parcel of land of at least sufficient
size to meet minimum zoning requirements for use, coverage and area, and to
provide such yards and other open spaces as are herein required. Such lot shall
have frontage on an improved public street, or an approved private street, and may
consist of:
(a) A single lot of record;
i(b) A portion of a lot of record;
(c) A combination of complete lots or record, of complete lots of record
and portions of lots of record, or of portions of lots or record;
(d) A parcel of land described by metes and bounds, provided that in
no case of division or combination shall any residential lot or parcel be created
which does not meet the requirements of this ordinance .
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1
Lot frontage --the front of a lot shall be construed to be the portion of the lot
nearest the street. For the purposes of determining yard requirements on corner
' lots and through lots, all lot lines and area adjacent to streets shall be con-
sidered frontage, and yards shall be provided as indicated in this section.
Lot of record --a lot which is part of a subdivision lawfully recorded in the
' office of the Brunswick County Register of Deeds, or a lot or parcel described
by metes and bounds which has been so recorded.
' Lot width --shall be considered to be the distance between side lot lines
measured across the rear of the required front yard.
Mobile home --a portable manufactured housing unit (or a double wide unit
consisting of separately transportable components and designed to be joined into
a single unit) which is designed and constructed to be transported on its own
chassis and used without a permanent foundation (regardless of the type of
foundation subsequently provided) and which exceeds thirty-two (32) feet in
length and eight (8) feet in width, including units with one or more components
which may be retracted for transporting purposes and subsequently expanded for
additional capacity. This definition shall not apply to recreational travel
trailers and vehicles or to relocatable classroom units constructed according to
the State Building Code for general and residential construction.
' Mobile office --a portable unit designed to be transported on its own chassis and
used without a permanent foundation, and equipped solely for non-residential use
as a business office, including trailers, modified mobile homes, and manu-
factured portable office units which are so designed and equipped.
Non- conforming structure --a building, mobile horre , wall, fence, sign or other
structure which does not conform to the existing regulations of this Zoning
Ordinance, but which may have been lawful -prior to its enactment.
Non -conforming use --a use of land and/or structures which does not conform
to the existing use regulations of this Zoning Ordinance , but which may have
' been lawful prior to its enactment.
Open fence, wall, hedge --a fence, wall or hedge in which the openings through
which clear vision is possible, from one side to the other on a horizontal plane,
' occupy seventy-five per cent or more of the side area of the fence, wall or hedge.
Parking space: off -street --for the purposes of this ordinance, an off-street
parking space shall consist of a space adequate for parking an automobile with
room for opening doors on both sides, together with properly related access to
' a public street or alley and maneuvering room. Required off-street parking areas
for three or more automobiles shall have individual spaces marked and shall be
so designed, maintained and regulated that no parking or maneuvering incidental
to parking shall be on any public street, walk or alley, and so that any auto-
mobile may be parked or unparked without moving another.
-50-

G
For purposes of rough computation, an off-street parking space and
necessary access and maneuvering room may be estimated at 300 square feet,
but off-street parking requirements will be considered to be met only when actual
' spaces meeting the requirements above are provided and maintained, improved
in a manner appropriate to the circumstances of the case, and in accordance
' with all other regulations or ordinances of the Town.
Permitted Uses --uses permitted by right in a district, not subject to approval
.� as special uses or prohibited in the district.
School --a public or private educational institution, including its buildings, other
' str.:ctures , and uses of land, whose primary activity is teaching and instruction,
but not including penal and correctional institutions or animal -training schools.
Schools include , for example, kindergartens, elementary and secondary schools ,
trade and technical schools, schools for the arts, and other educational insti-
tutions usually accredited by regional or national accreditation agencies.
Sicn--a single display surface or device designed to inform or attract the
attention of persons not on t:le premises where the sign is located.
Sign, banner --a sign designed for temporary use and made of flexible fabric or
similar material.
Sign, free -standing --any sign which is attached to or mounted upon the ground
by means of one or more upright posts, pillars or braces placed upon the ground,
and which is not attached to any building (excludes billboards, poster panels
and outdoor advertising signs) .
Sign, permanent --signs erected, located or affixed in a manner enabling con-
tinued use of the sign for a relatively long, unspecified period of time.
Sign, projecting --a sign projecting from the exterior wall of a building or sus-
pended from and supported by the underside of a horizontal surface, such as
a canopy.
' Sign, temporary --a sign to be used only for a limited, short period of time as
specified in this ordinance.
' Sign, wall --any sign, other than a projecting sign, which is attached to or
painted on any wall of any building.
Signs, on -site --signs relating in subject matter to the premises on which they
are located, or to products, accomodations, services or activities on the premises.
Signs, surface area or area --the display surface of any sign which contains any
elements --such as letters, words, numbers or symbols being displayed --not
' including portions such as unfinished and non -display areas, framing or support-
ing members.
' -51-

' Signs, total aggregate area total surface display area of all signs referred
to, regardless of the variety of sign types or the number of signs to which the
' permissible total area is apportioned.
Solid fence, wall, hedge --a fence, wall or hedge in which the openings through
which clear vision is possible , from one side to the other on a horizontal plane ,
_ occupy no more than twenty-five per cent of the fence, wall or hedge.
1 Special use --a use that would not be appropriate generally or without restriction
throughout the zoning division or district but which if controlled as to number,
area, location or relation to the neighborhood, would promote the public health,
' safety, welfare, morals, order, comfort, convenience, appearance, prosperity
or general welfare.
IStreet line --the curb line, or, in the absence of a curb, a line defined by the
edge of the maintained road bed.
Structure --anything constructed or erected with a fixed location on the ground,
or attached to something having a fixed location on the ground. Among other
things, structure shall include buildings, mobile homes, walls, fences and
signs.
Variance --a variance is a deviation from the terms of the ordinance where such
' deviation will not be contrary to the public interest, and where, owing to con-
ditions peculiar to the property and not the result of the actions of the applicant,
a literal enforcement of the ordinance would result in unnecessary or undue
' hardship. As used in this ordinance, a variance is authorized only for height,
area, and size of structure or size of lards 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 uses in an adjoining zoning district.
Width, yard --a setback dimension between the side lot line and a line parallel
to the side lot line at the required distance .
' Yard --a required open space on the same lot with a building, unoccupied and
unobstructed from the ground upward, except by trees or shrubbery or as other-
wise provided herein.
Yard, front --a yard extending between side lot lines across the front of a lot
and adjoining a public street.
Yard, rear --a yard extending between side lot lines across the rear of a lot
and adjoining the rear lot line or, if there is no rear lot line, the rearmost point.
' Yard, side --a yard extending between the rear line of the front yard and the
front line of the rear yard, and adjoining the side lot line (s) .
1
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