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Home My WebLink AboutLand Use Ordinance (Performance Zoning) Volume I: Main Text-1983TOWN OF � •4. ORIENTAL, N.C. LAND USE ORDINANCE (PERFORMANCE ZONING) Volume I: Main Text ' s II DCM COPY DCM COPY lease do not remove!!!!! Division of Coastal Management -r IRE A Coastal Area Demonstration Project by: PLANNING & DESIGNASSOCIATES. P.A. 3515 Glenwood Avenue Raleigh, North Carolina 27612 Telephone(919)781-9004 VOLUME I TOWN OF ORIENTAL ORIENTAL, N. C. 28571 LARD USE ORDINANCE .. (Performance Zoning) Prepared by: BOARD OF COMMISSIONERS AND PLANNING BOARD Harold Loyd Stephenson, Mayor John Borden, Dennis Barkley, Brantley Norman Marvin Jennings, Town Administrator Ed Bailey, Former Mayor WITH TECHNICAL ASSISTANCE FROM: Planning and Design Associates, P.A. 3515 Glenwood Avenue Raleigh, NC 27612 (919) 78179004 Terry W. Alford, President Consultants: Rex H. Todd, MRP, AICP, Project Manager; Michael V. Butts, MUP; Michael Brough, Consulting Municipal Attorney; Debbie Tant, Administrative Assistant; Janet Roberts, Word Processing. Special Assistance: Philip P. Green, Institute of Government The preparation of this ordinance was financed in part through grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration. The Town of Oriental contributed cash and in -kind services. October, 1983 VOLUME I Preface This is the first of three volumes of the Oriental Land Use (Performance Zoning) Ordinance, with the complete set consisting.of: Volume I: The Oriental Land Use Ordinance (main text) Volume Its Appendices to the Oriental Land Use Ordinance Volume III: The Administrator's Guidebook Togetber, they comprise a demonstration project in performance zoning for Coastal North Carolina. Questions regarding how these volumes relate to each other or any particular application should be referred to: Planning $ Design Associates, P.A., 3515 Glenwood Avenue, Raleigh, NC 27612 PH: (919)781-9004. TOWN OF OR3XNTAL LAND USE (PERFORMANCE ZONING) ORDINANCE TABLE OF CONTENTS DETAILED TABLE OF CONTENTS LIST OF EXHIBITS SECTION 100 INTRODUCTORY PROVISIONS SECTION 200 DEFINITIONS AND INTERPRETATIONS SECTION 300 UNDERLYING DISTRICTS 301 Relationship Between Underlying Districts and Overlay Districts 302 Agriculture and Forest Production District (AF) 303 Low Intensity Residential District (LR) 304 Medium Intensity Residential District (MR) 305 Low Intensity Mixed Use District (LMU) 306 Medium Intensity Mixed Use District (MMU) 307 Water —Related Commercial & Industrial District (WRCI) 308 Adoption of Underlying District maps SECTION 400 NATURAL SYSTEM OVERLAY DISTRICTS AND STANDARDS 401 Relationship Between Overlay Districts and Underlying Districts 402 Groundwater Overlay District (GO) 403 Surface Waters Overlay District (SWO) 404 Drainageways Overlay District (DO) 405 Wetlands & Shoreline Overlay District (WSO). 406 . Flood Hazard Overlay District (FHO) 407 Soils Overlay District (SO) 408 Adoption of Overlay District Maps SECTION 500 PERMISSIBLE USES AND PERFORMANCE STANDARDS 501 Permissible Uses 502 Interpretation of Permissible Use Table 503 Performance Standards for Underlying Districts 504 Supplementary Use Regulations SECTION 600 SITE AND BUILDING DEVELOPMENT STANDARDS 601 Siting and Design 602 Design Flexibility in Subdivisions 603 Security and Crime Prevention 604 Streets and Sidewalks 605 Utility Lines and Facilities 606 Storm Drainage Facilities 607 Landscaping 608 Signs 609 Parking SECTION 700 NON —CONFORMING SITUATIONS SECTION 800 ADMINISTRATION SECTION 900 AMENDMENT PROCESS APPENDICES: (In Volume II) A. Information required with application (and Application Form) B. Specifications on Driveway Entrances C. Specifications for Street Design and Construction D. Vehicle Accommodation Area Surfaces E. Guide for Landscaping F. Community Noise Measurement Data Sbeet Detailed Table of Contents List of Exhibits Section 100 Introductory Provisions 101 Short Title 102 Authority 103 Jurisdiction 104 Effective Date 105 Relationship to CAMA Land Use Plan 106 No Use of Land or Buildings Except in Conformity with Ordinance 107 Fees Section 200 Definitions and Interpretations 201 Definitions of Basic Terms 202 Interpretations 202.1 Lots Divided by District Lines 202.2 Computation of Time 202.3 Effect of Repeal or Expiration of Ordinance Provisions 202.4 New Provisions Considered Continuations of Similar Existing Provisions 202.5 References to General Statutes that are Later Amended 202.6 Section Headings 202.7 Severability 202.8 Miscellaneous Section 300 Underlying Districts 301 Relationship Between Underlying Districts and Overlay Districts 302 Agriculture and Forest Production Districts (AF) 302.1 Establishment and Purpose 302.2 Areas of Application 302.3 Uses Permissible 303 Low Intensity Residential District (LR) 303.1 Establishment and Purpose 303.2 Areas,of Application 303.3 Uses Permissible 304 Medium Intensity Residential District (MR) 304.1 Establishment and Purpose 304.2 Areas of Application 304.3 Uses Permissible 305 Low Intensity Mixed Use District (LMU) 305.1 Establishment and Purpose 305.2 Areas of Application 305.3 Uses Permissible 306 Medium Intensity Mixed Use District (MMU) 306.1 Establishment and Purpose 306.2 Areas of Application 306.3 Uses Permissible 307 Water -Related Commercial Industrial District (WRCI) 307.1 Establishment and Purpose 307.2 Areas of Application 307.3 Uses Permissible 308 Adoption of Underlying District Maps Section 400 Natural Systems Overlay Districts 401 Relationship Between Overlay and Underlying Districts 402 Groundwater Overlay District (GO) 402.1 Establishment and Purpose 402.2 Areas of Application 402.3 Uses Permissible 402.4 Non -permitted Uses 403 Surface Waters Overlay District (SWO) 403.1 Establishment and Purpose 403.2 Areas of Application 403.3 Uses Permissible 403.4 Non -permitted Uses 404 Drainageways Overlay District (DO) 404.1 Establishment and Purpose 404.2 Areas of Application 404.3 Uses Permissible 404.4 Non -permitted Uses 405 Wetlands and Shoreline Overlay District (WSO) 405.1 Establishment and Purpose 405.2 Areas of Application 405.3 Uses Permissible 405.4 Non -permitted Uses 406 Flood Hazard Overlay District (FHO) 406.1 Establishment and Purpose 406.2 Areas of Application 406.3 Definitions 406.4 Uses Permissible 406.5 Special.Provisions for Subdivision 406.6 Water Supply and Sanitary Sewer Systems in 406.7 Additional Duties of Administrator Related and Flood Control 407 Soils Overlay District (SO) 407.1 Establishment and Purpose 407.2 Areas of Application 407.3 Uses Permissible 407.4 Non -permitted Uses 408 Adoption of Overlay District Maps Section 500 Permissible Uses and Performance Standards the Floodplain to Flood Insurance 501 Permissible Uses 501.1 Relationship to Performance Standards 501.2 Use of Designations Z,S & C in Table of Permissible Uses 501.3 Table of Permissible Uses 502 Interpretation of Permissible Uses Table 502.1 Board of Adjustment Jurisdiction Over Uses Otherwise Permis- sible With a Zoning Permit 502.2 Permissible Uses and Specific Exclusions 502.3 Accessory Uses 502.4 Permissible Uses Not Requiring Permits 502.5 Change in Use 502.6 Combination Uses 502.7 More Specific Use Controls 502.8 through 502.11 Reserved 503 Performance Standards for Underlying Districts 503.1 Intensity 503.2 Density 503.3 Floor Area Ratio 503.4 Impervious Surface Ratio 503.5 Open Space Ratio 503.6 Table of Selected Intensity Standards by District 503.7 Intensity Bonus or Transfer 503.8 Traffic Generation 503.9 Noise 503.10 Vibration 503.11 Smoke 503.12 Odor 503.13 Electrical Disturbance or Interference 503.14 Light and Glare 504 Supplementary Use Regulation 504.1 Marinas 504.2 Commercial Docks and Piers 504.3 through 504.10 Reserved Section 600 Site and Building Development Standards 601 Siting and Design 601.1 Lot Widths 601.2 Setbacks 601.3 Heights 601.4 Siting and Orientation 601.5 Table of Selected Dimensional Requirements. 602 Design Flexibility in Subdivisions 602.1 Cluster Subdivision 602.2 Architecturally Integrated Subdivision 603 Security and Crime Prevention 604 Streets and Sidewalks 604.1 Street Classification 604.2 Access to Public Streets 604.3 Entrances to Streets 604.4 Coordination with Surrounding Streets 604.5 Street Width, Sidewalk and Drainage Requirements in Subdivisions 604.6 General Layout of Streets 604.7 Relationship of Streets to Topography 604.8 Street Intersections 604.9 Construction Standards and Specifications 604.10 Private Roads in Subdivisions and Access to Subdivisions by Private Roads 604.11 Road and Sidewalk Requirements in Unsubdivided Developments 604.12 Attention to Handicapped in Street and Sidewalk Construction 604.13 Street Names and House Numbers 604.14 Bridges 604.15 Waterways 605 Utility Lines and Facilities 605.1 General Provisions 605.2 Water Service 605.3 Sewer Service 605.4 Solid Waste (Reserved) 605.5 Electricity, Gas and Communications Service 605.6 Lighting Requirements 605.7 Neighborhood Utility Facilities 606 Storm Drainage Facilities 606.1 General Provisions 606.2 Reserved 607 Landscaping 607.1 General Provisions 607.2 Energy Conservation 607.3 Parking and Loading Area Landscaping 607.4 Screening and Buffering 607.5 Planting and Maintenance 607.6 Erosion Control 608 Signs 608.1 Permit Required for Signs 608.2 Signs Excluded from Regulations 608.3 Certain Temporary Signs: Permit Exemptions and Additional Regulations 608.4 Determining the Number of Signs 608.5 Computation of Sign Area 608.6 Total Sign Surface Area 608.7 Freestanding Sign Surface Area 608.8 Number of Freestanding Signs 608.9 Subdivision and Multi -Family Development Entrance Signs 608.10 Location and Height Requirements 608.11 Sign Illumination and Signs Containing Lights 608.12 Miscellaneous Requirements 609 Parking 609.1 Number of Parking Spaces Required 609.2 Flexibility in Administration Required 609.3 Parking Space Dimension 609.4 Required Widths of Parking Area Aisles and Driveways 609.5 General Design Requirements 609.6 Vehicle Accommodation Area Surface 609.7 Joint Use of Required Parking Spaces 609.8 Special Provisions for Lots with Existing Buildings 609.9 Loading and Unloading Areas 609.10 through 609.12 Reserved Section 700 Nonconforming Situations 701 Definitions 702 Regulations 702.1 Continuation of Nonconforming Situations and Completions of Nonconforming Projects 702.2 Nonconforming Lots 702.3 Extension or Enlargement of Nonconforming Situations 702.4 Repair, Maintenance and Reconstruction 702.5 Change in Use of Property where a Nonconforming Situation Exists 702.6 Abandonment and Discontinuance of Nonconforming Situations 702.7 Completion of Nonconforming Projects 702.8 Nonconforming Signs 702.9 through 702.13 Reserved Section 800 Administration 801 Planning Board 801.1 Appointment and Terms 801.2 Meetings 801.3 Quorum and Voting 801.4 Offices 801.5 Powers and Duties 801.6 Advisory Committees 801.7 through 801.8 Reserved 802 Board of Adjustment 802.1 Appointment and Terms 802.2 Meetings 802.3 Quorum 802.4 Voting 802.5 Officers 802.6 Powers and Duties 802.7 through 802.8 Reserved 803 Land Use Ordinance Administrator and Planning Director 803.1 Land Use Ordinance Administrator 803.2 Planning Director 803.3 Reserved 804 Town Council 805 Permit Requirements 805.1 Permits Required 805.2 No Occupancy, Use, or Sale of Lots Until Requirements Ful- filled 805.3 Who May Submit Permit Applications 805.4 Applications to be Complete 805.5 Staff Consultation Before Application Submitted 805.6 Staff Consultation After Application Submitted 805.7 Zoning Permits 805.8 Performance Bond to Ensure Compliance with Zoning Permit 805.9 Special Use Permits and Conditional Use Permits. 805.10 Burden of Presenting Evidence; Burden of Persuasion 805.11 Recommendations on Special Use Permit Applications 805.12 Recommendations on Conditional Use Permits 805.13 Board Action on Special Use and Conditional Use Permits 805.14 Additional Requirements on Special Use and Conditional Use Permits 805.15 Authorizing Use, Occupancy, or Sale Before Completion of Development Under Special Use or Conditional Use Permits 805.16 Completing Developments in Phases 805.17 Expiration of Permits 805.18 Effect of Permit on Successors and Assigns 805.19 Amendments to and Modification of Permits 805.20 Reconsideration of Board Action 805.21 Applications to be Processed Expeditiously 805.22 Maintenance of Common Areas, Improvements and Facilities 805.23 through 805.30 Reserved 806 Major and Minor Subdivisions 806.1 Regulation and Subdivision 806.2 No Subdivision Without Plan Approval 806.3 Minor Subdivision Approval 806.4 Major Subdivision Approval Process 806.5 Endorsements on Major Subdivision Plans 806.6 Plat Approval Not Acceptable of Dedication Offers 806.7 Protection Against Defects 806.8 Maintenance of Dedicated Areas Until Acceptance 806.9 through 806.15 Reserved 807 Appeals, Variances, Interpretations 807.1 Appeals 807.2 Variances 807.3 Interpretations 807.4 Request to be Heard Expeditiously 807.5 Burden of Proof in Appeals and Variances 807.6 Board Action on Appeals and Variances 807.7 tbrougb 807.15 Reserved 808 Hearing Procedures for Appeals and Applications 808.1 Hearing Required on Appeals and Applications 808.2 Notice of Hearing 808.3 Evidence 808.4 Modification of Application at Hearing 808.5 Record 808.6 Written Decision 808.7 through 808.10 Reserved 809 Enforcement and Review 809.1 Complaints Regarding Violations 809.2 Persons Liable 809.3 Procedures Upon Discovery of Violations 809.4 Penalties and Remedies for Violations 809.5 Permit Revocation 809.6 Judicial Review 809.7 through 809.10 Reserved Section 900 Amendments 901 Amendments in General 902 Regulations 902.1 Initiation of Amendments 902.2 Planning Board Consideration 902.3 Hearing Required; Notice 902.4 Board Action on Amendments 902.5 Ultimate Issue Before Board 902.6 Protests to Zoning District of Proposed Amendments on Amendments Changes EffiBITS LIST SECTION EXHIBIT 308 ZONING MAP: UNDERLYING DISTRICTS 407(c) MINIMUM LOT SIZE & DENSITY LIMITATIONS, SOILS OVERLAY DISTRICT 408 ZONING MAP: OVERLAY DISTRICTS 501 TABLE OF PERMISSIBLE USES 503.6 TABLE OF SELECTED INTENSITY FACTORS BY DISTRICT 503.8A AVERAGE TRIP GENERATION BY USE 503.8B MAXIMUM ALLOWABLE ADT'S BY DISTRICT 601.1 LOT WIDTHS BY DISTRICT 601.2 (Al) SETBACKS AT INTERSECTIONS 601.2 (A2) SETBACKS AT DRIVEWAYS 601.3 (B4) SOLAR ACCESS SETBACK REQUIREMENT 601.5 TABLE OF SELECTED DIMENSIONAL REQUIREMENTS 604.5 STREET WIDTH, SIDEWALK AND DRAINAGE REQUIREMENTS IN SUBDIVISIONS 609.1 (g) TABLE OF PARKING REQUIREMENTS 609.9 LOADING AND UNLOADING AREAS SECPION 100 INTRODUCTORY PROVISIONS 101 Sbort Title. This ordinance shall be known and -may be cited as the Oriental Land Use (Performance Zoning) Ordinance. 102 Autbority. This ordinance is adopted pursuant to the authority contained in Article 192 Chapter 160 A; Article 21 (Part 6), Chapter 143; and Article 4, Chapter 113A. 103 Jurisdiction. A. This ordinance shall be effective throughout the town's planning jurisdiction. The town's planning jurisdiction comprises the area described and identified in the town's ordinance entitled , adopted by the Oriental Board of Commissioners on See Section 308 for map showing the planning jurisdiction. 104 Effective Date. This ordinance was originaly adopted and became effective on 105 Relationsbip to CAM Land Use Plan. It is the intention of the Board of Commissioners that this ordinance implement the planning policies adopted by the Board for the town and its extraterritorial planning area, as reflected in the Oriental CAMA Land Use Plan and other planning documents. While the Board reaffirms its commitment that this ordinance and any amendment to it be in conformity with adopted planning poilicies, the Board hereby expresses its intent that neither this ordinance nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document. 106 No Use of Land or Buildings Except in Conformity vitb Ordinance. A. Subject to Section 700 of this ordinance (Nonconforming Situations), no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupany, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this ordinance. B. For purposes of this section, the "use" or "occupation" of a building or land relates to anything and everything that is done to, on, or in that building or land. 107 Fees. A. Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, sign permits, conditional use permits, special use permits, subdivision plat approval, zoning amendments, variances and other administrative relief. The amount of the fees charged shall be established by resolution of the Board of Commissioners and a copy of this resolution shall be kept on file in the Office of Administrator. B. Fees established in accordance with subsection A shall be paid upon submission of a signed application or notice of appeal. 11 / ; ;tl I; r:l: / 201 Definitions of Basic Terms Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this ordinance. Accessory Use. An accessory use is one which (1) is subordinate to and serves a principal structure or a principal use, (2) is subordinate in area, extent, and purpose to the principal structure or use served, (3) is located on the same lot as.the principal structure or use served except as otherwise expressly authorized by provisions of this ordinance, and (4) is customarily incidental to the principal structure or use. Administrator. (See Section 803.1). Antenna. Equipment designed to transmit or receive electronic signals. Base Flood. The flood having a one percent chance of being equalled or exceeded in any given year. Also known as the 100-year flood. Boarding House. A residential use consisting of at least one dwelling unit together with more than two rooms that are rented out or are designed or intended to be rented but which rams, individually or collectively, do not constitute separate dwelling units. A rooming house or boarding house is distinguished from a tourist home in that the former is designed to be occupied by longer term residents (at least month -to -month tenants) as opposed to overnight or weekly guests. Bufferyard. A unit of land, together with a specified type and amount of Planting thereon, and any structures which may be required between land uses to eliminate or minimize conflicts between them. Building. A structure designed to be used as a place of occupancy, storage or shelter. Building, accessory. A minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use. Building, principal. The primary building on a lot or a building that houses a principal use. Carrying Capacity. The ability of a natural or man-made system to absorb population growth or physical development without significant degradation or breakdown. Carrying capacity analysis studies the effects of growth -amount type, location, quality - on the natural and man-made environment in order to identify critical thresholds beyond which public health, safety, or welfare will be threatened by serious environmental problems. Certify. Whenever this chapter requires that some agency certify the existence of some fact or circumstance to the town, the town may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the town may accept certification by telephone from some agency when the circumstances warrant it, or the town may require that the certification be in the form of a letter or other document. Child Care Home. A home for not more than nine orphaned, abandoned, dependent, abused, or neglected children, together with not more than two adults who supervise such children, all of whom live together as a single housekeeping unit. Child Care Institution. An institutional facility housing more than nine orphaned, abandoned, dependent, abused, or neglected children. Circulation Area. That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area. Combination Use. A use consisting of a combination on one lot of two or more principal uses separately listed in the Table of Permissible Uses, Section 501. (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. See Section 501. In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a combination use). Conditional Use Permit. A permit issued by the Town Council that authorizes the recipient to make use of property in accordance with the requirements of this chapter as well as any additional requirements imposed by the Town Council. Day Care Center. Any child care arrangement that provides day care on'a regular basis for more than four hours per day for more than five children of pre-school age. Dedication. The transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee -simple interest or of a less than fee interest, including an easement. Density, gross. The quotient of the total number of dwelling units divided by the base site area of a site. Developer. A person who is responsible for any undertaking that requires a zoning permit, special use permit, conditional use permit, or sign permit. Development. The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land or any clearing, grading, or other movement of land, for which permission may be required pursuant to this ordinance, for a zoning permit, special use permit, conditonal use permit, or sign permit. Dimensional Nonconformity. A nonconforming situation that occurs when the height, size, or minimum floor space of a structure 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. Driveway. That portion of the vehicle accommodation area that consists of a travel land bounded on either side by an area that is not part of the vehicle accommodation area. Dwelling. Any building or portion therof which is designated or used for residential purposes. Dwelling, single—family detacbed. A dwelling designed for and occupied by not more than one (1) household and having no roof, wall, or flor in common with any other dwelling unit. Dwelling unit. A room or group of rooms, providing or intended to provide living quarters for not more than one (1) household. Dwelling, attacbed. Three (3) or more adjoining dwelling units, each of which is separated from the others by one (1) or more unpierced walls from ground to floor. Dwelling, multiple family. A building designed for or containing two or more dwelling units, sharing access from a common hall, stair, or balcony. Dwelling, semi—detacbed. Two (2) dwelling units, each of which is attached side to side, each one (1) sharing only one (1) common wall with the other. Easement. Authorization by a property owner of the use by another and for a specified purpose of any designated part of his property. Erosion. The detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity. Expenditure. A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding, contractual ' commitments to make future expenditures, as well as any other substantial changes in position. Faaily. One or more persons living together as a single housekeeping unit (that is, household). Floodplain. Any land area susceptible to being inundated by water from the base flood. As used in this chapter, the term refers to that area designated as subject to flooding from the base flood (one hundred year flood) on the "Flood Boundary and Floodway Map" prepared by the U.S. Department of. Housing and Urban Development, a copy of which is on file in the Town Hall. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. As used in this chapter, the term refers to that area designated as a floodway on the "Flood Boundary and Floodway Map" prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the planning department. Floor area. The sum of the gross floor area for each of a building's stories measured from the exterior limits of the faces of the structure. The floor area of a building includes basement floor area and includes attic floor area only if the attic area meets the State Building Code standards for habitable floor area. It does not include cellers and unenclosed porches or any floor space in an accessory building or in the principal building which is designed for the parking of motor vehicles in order to meet the parking requirements of this ordinance. Floor Area Ratio. An intensity measured as a ratio derived by dividing the total floor area of a building by the base site area. Where the lot is part of a larger development and has no bufferyard, that lot area may be used instead of the base site area. Gross density. See Density, gross. Gross Floor Area. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage. Group dwelling. The residence of a group of six (6) or more person, not related by blood, marriage, adoption, or guardianship and living together as a single housekeeping unit. Habitable Floor. Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or any combination thereof. A floor used only for storage is not a habitable floor. Halfway House. A home for not more than nine persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness (as defined in G.S. 35-.17(30)), or antisocial or criminal conduct, together with not more than two persons providing supervision and other services to such persons, and of whom live together as a single housekeeping unit. Handicapped or Infirm Home. A residence within a single dwelling unit for at least six but not more than nine persons who are physically or mentally handicapped or infirm, together with not more than two persons providing care or asistance to such persons, all living together as a single housekeeping unit. Handicapped or Infirm Institution. An institutional facility housing and providing care or assistance for more than nine persons who are physically or mentally handicapped or infirm. Heigbt of Structure. The vertical distance measured from the lowest ground elevation to the highest point on such structure. High Volume Traffic Generation. All uses in Section 501 under the 2.000 classification other than low volume traffic generation uses (2.220 classi- fication.) Home Occupation. A commercial activity that: (1) is conducted by a person on the same lot (in a residential district) where such person resides, and (2) is not so insubsantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use, but that can be conducted without any significantly adverse impact on the surrounding neighborhood. Without limiting the generality of the foregoing, a use may not be regarded as having an insignificantly adverse impact on the surrounding neighborhood if: (1) goods, stock in trade, or other commodities are displayed, (2) any on -premises retail sales occur, (3) more than one person not a resident on the premises is employed in connection with the purported home occupation, (4) it creates objectionable noise, fumes, odor dust or electrical interference, or (5) more than twenty-five percent of the total gross floor area of residential buildings plus other buildings housing the purported home occupation, or more than 500 square feet of gross floor area (whichever is less), is used for home occupation purposes. The following is a non -exhaustive list of examples of enterprises that may be home occupations if they meet the foregoing definitional criteria: (1) the office or studio of a physician, dentist, artist, musician, lawyer, architect, teacher, or similar profession, (2) workshops, greenhouses, or kilns, (3) dressmaking or hairdressing studios. Ispervious Surface. Impervious surfaces are those which do not absorb water. They consist of all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt. In the case of lumberyards, areas of stored lumber constitute impervious surfaces. Impervious surface, on lot. The total amount of impervious surface which is prsent on a lot. Impervious surface ratio. A measure of the intensity of land use which is determined by dividing the total area of all impervious surfaces on a site by, in the case of residential uses, base site area or, in the case of non—resi— dential uses, by net buildable site area. Intermediate Care Home. A facility maintained for the purpose of providing accommodations for not more than seven occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm. Intermediate Care Institution. An institutional facility maintained for the purpose of providing accommodations for more than seven persons. Intensity class, land use. A measure of the magnitude and negative impact of a land use on the environment and neighboring land uses. Intensity is comprised of many factors acting together, such as density, noise, traffic, amount of impervious surface, etc. Kennel. A commercial operation that: (1) provides food and shelter and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or (2) engages in the breeding of animals for sale. Loading and Unloading Area. That portion of the vehicle accommodation area used to satisfy the requirements of Section 609. Lot. A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title. If a public body, or any authority with the power of eminent domain condemns, purchases, or otherwise obtains fee -simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition, or a private road is created across a parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained or the road so created is such as effectively to prevent the use of this parcel as one lot, then the land on either side of this strip shall constitute a separate lot. Subject to Section 805, the permit —issuing authority and the owner of two or more contiguous lots may agree to regard the lots as one lot if necessary or convenient to comply with any of the requirements of this ordinance. Lot Area. The total area circumscribed by the boundaries of a lot, except that: (1) when the legal instrument creating a lot shows the boundary of the lot extending to the center of a public street right-of-way or into a public street right-of-way, then the lot boundary for the purposes of computing the lot area shall be the street right-of-way line, or a line running parallel to and thirty feet from the center of the travelled portion of the street if the right-of-way line cannot be determined, and (2) in a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the travelled portion of that road. Lot of Record. Any validly recorded lot.which at the time of its recordation complied with all applicable laws, ordinances, and regulations. Low Volume Traffic Generation. Uses such as furniture stores, carpet stores, major appliance stores, etc. that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, and that therefore generate less customer traffic per square foot of floor space than stores selling smaller items. Mobile Howe. A transportable, single-family dwelling intended for permanent occupancy contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. For the purposes of determining standards which apply, a distinction is made between doublewide units mounded on a permanent foundation which shall be considered a single-family home and shall be regulated by the provisions of Section 300 and singlewide units which are permitted only in mobile home parks (Section 501). Mobile Home Park.. A mobile home park is a park or subdivision containing mobile homes. Nonconforming Lot. A lot existing at the effective date of this chapter (and not created for the purposes of evading the restrictions of this chapter) that does not met the minimum area requirement of the district in which the lot is located. Nonconforming Project. Any structure, development, or undertaking that is incomplete at the effective date of this chapter and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned. Nonconforming Situation. A situation that occurs when, on the effective date of this chapter, any existing lot or structure or use of an existing lot or structure does not conform to on or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because stuctures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and set -back requirements) is not in conformity with this chapter, because signs do not meet the requirements of Section 700 or because land or buildings are used for purposes made unlawful by Section 700. Nonconforming Use. A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with running a bakery in a residentially zoned area is a nonconforming use). Nursing Care Home. A facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than nine persons. Nursing Care Institution. An institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than nine persons. Open Space Ratio. The portion of gross site area which consists of open space. See Section 503.5. Overlay District A map of natural resources that transcend the boundaries of man-made.systems. Such map carries with it regulations for respecting those natural resources. See Section 300. Parking Area Aisles. A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces. Parking Space. A portion of the vehicle accommodation area set aside for the parking of one vehicle. Performance Guarantee. A financial guarantee to insure that all improve- ments, facilities, or work required by this ordinance will be.completed in compliance with the ordinance, regulations, and the approved plans and specifications of a development. Performance Standard. A usually quantified indicator of the desired or acceptable level of impact of a development on several aspects. Environmental performance standards are established based upon the carrying capacity of the ecological system upon which man-made development is proposed and regulations (performance standards) are set so as not to overload that capacity (see Section 300). "Industrial" performance standards are set based upon acceptable levels of impact from the proposed development (see Section 503). This ordinance is based upon both types. Performance Zoning. A method of regulating the use of land which focuses upon the impacts of uses upon each other and the environment, rather than purely upon type of use. It allows any of a number of factors to govern dependency on the site and how it is designed (See Performance. Standards). Planning Jurisdiction. The area within the town limits as well as the area beyond the town limits within which the town is authorized to.plan for and regulate development pursuant to the authority granted in Article 19 of Chapter 160A of the North Carolina General Statutes and Chapter 12 of the Session Laws of 1963. Public Water Supply System. Any water supply system furnishing potable water to ten or more dwelling units or businesses or any combination thereof. (See G.S. 130.31) Receive —Only Bartb Station. An antenna and attendant processing equipment for reception of electronic signals from satellites. Residence, Duplex. A residential use consisting of two dwelling units within a single building on a single lot. Two dwelling units that are connected only by structural components designed to form a passageway (e.g., a covered walkway) rather than a place of occupancy (e.g., porch or garage) shall not be regarded as a duplex. Residence, Multi —Family. A residential use consisting of two dwelling units located in separate buildings on the same lot or three or more dwelling units located in one or more buildings on the same lot. Residence, Single —Family. A residential use consisting of a building containing one dwelling unit on a single lot. Road. All private ways used to provide motor vehicle access to (1) two or more lots or (2) two or more distinct areas or buildings in unsubdivided developments. Rooming House. (See Boarding House) Sedimentation. The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a result of erosion. Sign. Any device that (1) is sufficiently visible to persons not located on the lot where such device is located to accomplish either of the objectives set forth in name (2) of this definition; and (2) is designed to attract the attention of such persons or to communicate information to them. Sign, Freestanding. A sign that (1) is not directly attached to, erected on, or supported by a building or other structure having a principal function other than the support of such sign, but (2) is instead attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of a building or other structure having a principal function other than the support of a sign. A sign that stands without supporting elements, such as a "sandwich sign", is also a freestanding sign. Sign, Nonconforming. A sign that, on the effective date of this chapter does not conform to one or more of the regulations set forth in Section 608. Sign, Off -Premises. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold or offered at a location other than the premises on which the sign is located. ' Sign Permit. A permit issued by the land use administrator that authorizes the recipient to erect, move, enlarge, or substantially alter a sign. Special Events. Circuses, fairs, carnivals, festivals, other types of special events that (1) run for longer than one day but not longer than two weeks, (2) are intended to or likely to attract substantial crowds, and (3) are unlike the customary or usual activities generally associated with the property where the special event is to be located. Special Use Permit. A permit issued by the board of adjustment that authorizes the recipient to make use of property in accordance with the requirements of this ordinance as well as any additional requirements imposed by the board of adjustment. Street. A public street or a street with respect to which an offer of dedication has been made. Street, Arterial. A major street in the town's street system that serves as an avenue for the circulation of traffic into, out of, or around the town and carries high volumes of traffic. All state —maintained streets within the town and their extensions into the extraterritorial area are arterial streets. Street Collector. A street whose principal function is to carry traffic between minor, local, and subcollector streets and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than one hundred dwelling units and is designed to be used or is used to carry more than eight hundred trips per day. Street, Cul—de—sac. A street that terminates in a vehicular turnaround. Street, Local. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least ten but not more than twenty—five dwelling units and is expected to or does handle between seventy—five and two hundred trips per day. Street, Marginal Access. A street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties. Street, Minor. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than nine dwelling units and is expected to or does handle up to seventy-five trips per day. Street, Subcollector. A street whose principal function is to provide access to abutting properties but is also designed to be used or is used to connect minor and local streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is designed to serve at least twenty-six but not more than one hundred dwelling units and is expected to or does handle between two hundred and eight hundred trips per day. Structure. Anything constructed or erected. Subdivision. The division of a tract of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and including all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations of this ordinance applicable strictly to subdivisions: (1) the combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the minimum standards set forth in this ordinance, (2) the division of land into parcels greater than ten acres where no street right-of-way dedication is involved; or (3) the public acquisition by purchase of strips of land for widening or opening streets; or (4) the division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the minimum standards set forth in this ordinance. Subdivision, Arcbitecturally Integrated Lots and Buildings. A subdivision in which all of the principal buildings are constructed in accordance with a master plan approved in conjunction with the permit that authorizes the development. All of the uses within such a development must be permissible within the district where this use is located. Subdivision, Cluster. See Section 602.1 Subdivision, Major. Any subdivision other than a minor subdivision. Subdivision, Minor. A subdivision that does not involve any of the following: (1) the creation of more than a total of three lots; (2) the creation of any new public streets, (3) the extension of the water system operated by the Town of Oriental or Pamlico County or (4) the installation of drainage improvements through one or more lots to serve one or more other lots. Temporary Sign. A sign that (i) is used in connection with a circumstance, situation, or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or (2) is intended to remain on the location where it is erected or placed for a period of not more than fifteen days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary. Tower. Any structure whose principal function is to support an antenna. Tract. A lot (see definition of Lot). The term tract is used inter- changeably with the term lot, particularly in the context of subdivisions, where one "tract" is subdivided into several "lots." Travel Trailer. A structure that is (1) intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle), and (2) is designed for temporary use as sleeping quarters, but that does not satisfy one or more of the definitional criteria of a mobile home. Underlying District. A zone established in this ordinance for the purpose of defining certain areas within which development is subject to certain standards and regulations, based largely upon the carrying capacity of man-made systems. These districts, established in Section 300, underly the natural system overlay districts of Section 400. Use. The activity or function that actually takes place or is intended to take place on a lot. Use, Principal. A use listed in the table of permissible uses. Utility Facilities. Any above -ground structures or facilities (other than buildings, unless such buildings are used as storage_ incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit oranization, corporation, or any entity defined as a public utility for any purpose by Section 62.3 of the North Carolina General Statutes and used in connection with the production, generation, transmission, delivery, collection, or storage or water, sewage, electricity, gas, oil, or electronic signals. Excepted from this definition are utility lines and supporting structures. Utility Facilities, Neigbborbood. Utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located. Utility Facilities, Community or Regional. All utility facilities other than neighborhood facilities. Variance. A grant of permission by the board of adjustment that authorizes the recipient to do that which, according to the strict letter of this chapter, he could not otherwise legally do. Vebicle Accommodation Area. That portion of a lot that is used by vehicles for access, circulation, parking and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas. Wetlands. An area where standing water is retained for a portion of the year and unique vegetation has adapted to the area. Wetlands include all areas designated as "marsh" in the 15 NCAC 7H Guidelines for Areas of Environmentally Concern, Coastal Area Management Act. Wholesale Sales. On —premises sales of goods primarily to customers engaged in the business of reselling the goods. Zone. See "Underlying District" and "Overlay District." Zoning Perdt. A permit issued by the Land Use Administrator that authorizes the recipient to make use of property in accordance with the requirements of this chapter. Section 202 Interpretations 202.1 Lots Divided by District Lines A. Whenever a single lot two acres or less in size is located witbin two or more different zoning districts, the district regulations applicable to the district within which the larger portion of the lot lies shall apply to the entire lot. B. Whenever a single lot greater than two acres in size is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which each portion of that lot is located. However, while the overall density on each portion of such lot proposed for multi —family development shall be calculated according to each district, the dwelling units may be located on the lot without regard to the district boundaries within the lot. 202.2 Computation of Time A. The time within which an action regulated by this ordinance is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded. B. Whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon bim and the notice or paper is served by mail, three days shall be added to the prescribed period. 202.3 Effect of Repeal or Expiration of Ordinance Provisions A. The repeal of any provision of this ordinance or its expiration by virtue of any provision contained herein, shall not affect any right accrued, any offense committed, any penalty or punishment incurred or any proceeding commenced before the repeal took effector the provision expired. B. Whenever an ordinance that repeals a provision of this ordinance is itself repealed, the previous ordinance provision shall not be revived without express words to that effect. 202.4 New Provisions Considered Continuations of Similar Existing Pro— visions Whenever this ordinance is amended by adopting new provisions, insofar as these new provisions are the same in substance as the previously adopted provisions they amend or supersede, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. 202.5 References to General Statutes that are Later Amended Whenever any provision of this ordinance refers to or cites a section of the General Statutes of the State of North Carolina and that section is later amended or superseded, the ordinance provision shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section. 202.6 Section Headings The section headings of this ordinance are intended as mere catchwords to indicate the contents of the sections and shall not be construed as part of the sections or as affecting the meaning or interpretation of the sections. 202.7 Severability It is hereby declared to be the intention of the Board that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any such section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid by any court or competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this ordinance since the same would have been enacted by the Board without the incorporation in this ordinance of any such unconstitutional or invalid section, paragraph, sentence, clause or phrase. 202.8 Miscellaneous A. Words importing the masculine gender include the feminine and neuter. B: Words used in the singular include the plural and words used in the plural include the singular. SECTION 300 UNDERLYING DISTRICTS 301 Relationsblp Between underlying Districts and Overlay Districts. The overlay districts established in Section 400 are designed to define certain areas within which development must be subject to certain restrictions over and above those applications to the underlying districts in Section 300. Witbin the following underlying districts, any development that occurs must be in compliance not only with the regulations applicable to the underlying district but also with the additional requirements of the overlying district written within the development as proposed. The illustrative underlying district is presented in Section 308 with the Official Underlying Zone map maintained at the Town Hall. 302 Agriculture and Forest Production District (AF). 302.1 Establishment and Purpose This district is hereby established for the purpose of protecting,and preserving areas of prime and important agricultural soils and areas of best suited for forestry production. Land should not be converted from the AF classification to another zoning classification unless and until there is no other land available in the Oriental Planning Area to accommodate the nonagricultural or nonforestry use. The standards and densities prescribed for the AF district are intended to preserve the open character of the area and thereby to protect the business of agriculture and silvaculture. This district is intended not to regulate agricultural and forestry uses, but to regulate those uses which threaten agriculture and forestry. As shown in the Table of Permissible Uses, this AF district provides for limited residential and other uses which are directly related to or supportive of agriculture and forestry or which would not jeopardize the integrity or of the production purpose of the district are permitted. 302.2 Areas of Application The AF District is to be applied in those areas composed of or containing tracts of ten acres or more that are generally in either agriculture or forest use as of the adoption of this ordinance as well as those areas containing significant percentages of prime or important soils as defined by the U.S. Soil Conservation Service. 302.3 Uses Permissible See Section 500 303 Low Intensity Residential District (LR). 303.1 Establishment and Purpose The LR District is hereby established and is intended to provide low• - density, limited growth residential areas. It is designed to accommodate residential development opportunities for those who desire exurban or suburban, low —density living and are willing to live in more remote locations and to assume the costs of providing many of their own services and amenities (particularly wastewater treatment). The public provision of some of these amenities by the Town of Oriental is precluded because the Town must concentrate its limited resources in areas where more intensive future development is logical. The low intensity allowed in this district is similarly necessitated by Oriental's need to preserve and support the existing public infrastructure. 303.2 Areas of Application This district is to be applied to those areas which are suitable for low intensity residential development and can be served by a public water system and either a public or private wastewater treatment system. 303.3 Uses Permissible Uses listed as permissible in the LR District shall be permissible only if and to the extent that they comply with the performance standards set forth in Section 503. 304 Medium Intensity Residential District (MR). 304.1 Establishment and Purpose The MR District is hereby established for the purpose of accommodating most of the residential growth expected in both unincorporated and incorporated areas of Oriental during the next twenty—year period. It is intended to provide the zoning and capital improvements which attract residential development. It provided for moderate density residential development, primarily suburban in nature. 304.2 Areas of Application The MR District consists of the areas wbere residential development should logically locate as a consequence of planned public facilities and associated capital expenditure. 304.3 Uses Permissible Uses listed as permissible in the MR District shall be permissible only if and to the extent that they comply with the performance standards set forth in Section 503. 305 Law Intensity Mixed Use District (LMU) 305.1 Establishment and Purpose The LMU District is hereby established for the purpose of allowing many and varied uses at low density, placing emphasis upon minimizing or buffering any nuisances between uses. It provides for low density development generally suburban in nature, while minimizing the costs of extending or expanding public services. 305.2 Areas of Application The LMU District is to be applied to those areas which are largely build-up or on the immediate fringe of such development, where development should logically locate as a consequence of planned public facilities and associated public capital expenditure. 305.3 Uses Permissible Uses listed as permissible in the LMU District shall be permissible only if and to the extent that they comply with the performance standards set forth in Section 503. 306 Meditns Intensity Mixed Use District (ME) . 306.1 Establishment and Purpose The MMU District.is hereby establisbed for the purpose of allowing many and varied uses (including residential, commercial, and light manufacturing/ processing) of medium intensity, while placing emphasis upon minimizing or buffering any nuisances between uses. This district provides for medium density development generally of a downtown or community focal point nature. The standards and higher density of this district are designed to optimize utilization of in -place facilities and thus to reduce the fiscal burden of new intra-structure construction on all citizens of Oriental. 306.2 Areas of Application The MMU District is to be applied to those incorporated areas of the Oriental Planning Area which are eitber developed at moderate intensity or are likely locations for redevelopment (or infill) at moderate intensities. 306.3 Uses Permissible Uses listed as permissible in the MMU District shall be permissible only if and to the extent that they'comply with the performance standards set forth in Section 503. 307 Water —Related Comsercial Industrial District (WRCI) 307.1 Establishment and Purpose This WRCI District is hereby established to preserve lands adjacent to water areas for uses that require access to the water or provide goods or services that are directly associated with water -dependent land or waterway use. This district is also established to accommodate those aareas which must be segregated from low density areas because of negative impacts and infra— structure and operational incompatibilities between its permitted uses and those of such districts. Further, this district respects the transportation and other locational requirements of industrial and commercial uses and sets aside land for those uses, preventing their being preempted by less —intense uses. 307.2 Areas of Application The WRCI District is to be applied to those areas which are adjacent to Oriental's waterways (particularly the harbor) which have natural or man—made deepwater access channels and are in close proximity to either a collector or arterial roadway. 307.3 Uses Permissible Uses listed as permissible in the WRCI District shall be permissible only if and to the extent that they comply with the performance standards set forth in Section 503, and only if and to the extent that they are consistent with the purpose of this district as stated in Section 307.1. 308 Adoption of Underlying District Maps The map of Underlying Districts is hereby adopted as the Official Map entitled "Zoning Map: Underlying Districts" and dated . An unofficial copy is presented herein, with the only official version (and updates) on file at the Town Hall in Oriental. 308.1 Zoning Map: Underlying Districts Enclosed. Interpretation of boundaries is discussed in 807.3. $l SECTION 400 NATURAL SYSTEMS OVERLAY DISTRICT'S AND STANDARDS. 401 Relationship Between Overlay and underlying Districts. The overlay districts established in Section 400 are designed to define certain areas within which development must be subject to certain restrictions over and above those applicable to the underlying districts in Section 300 in order to avoid damage to certain natural systems. Within these overlay districts any development that occurs must be in compliance not only with the regulations applicable to the underlying districts but also with the additional requirements of the overlay districts. Overlay district maps are presented in Section 408. Interpretations of boundaries is covered in Section 807.3. 402 Groundwater Overlay District (GO). 402.1 Purpose This GO District is hereby established to permit development which maintains and preserves the quantity and quality of the groundwater, prevents and abates pollution and contamination, protects public health and permits management of this water resource for best usage in the Oriental Planning Area. 402.2 Areas of Application Groundwater in the Oriental Planning area consists of the unconfined aquifer and the Artisian Aquifer. The unconfined aquifer covers the entire planning area and is best represented as the seasonal high water table (which is between the land surface to a depth of not more than five feet below the surface). Recharge areas for the unconfined aquifer are all upland from Oriental, but within the county. The major recharge comes from the artesian aquifer. There are three major artisian systems under Oriental, comprised of (1) the Tertiary Sand Aquifer system, (2) the Tertiary limestone aquifer system (Castle Hayne) and (3) Cretaceous Aquifer System. The. principal systems under Oriental are (1) and (2), with the Town's Aquifer System (2). The recharge area for the artisian aquifers (1 & 2) are in the western part of Pamlico County (or actually the unconfined aquifer), with that for the Cretaceous (3) located in Lenoir, Pitt and Wayne Counties. The artisian aquifers cover the entire planning area. 402.3 Uses Permissible Uses listed as permissible in underlying districts (see Table of Permissible Uses 501) shall be permissible if and to the extent that they comply with the following performance standards: A. 15 NCAC 2L Classification of Water Quality Standards' North Carolina Administrative Code, Title 15, Department of Natural Resources and Community Development, Chapter 2L, Environmental Management Division Subchapter 21, Classification and Water Quality Standards Applicable to the Groundwaters of North Carolina, Section .0100 and .0200, effective June 10, 1979, Environmental Management Commission. B. 15 NCAC 2L, Applied Groundwater Classification (as proposed). Uses shall not reduce the Unconfined Aquifer below the classification of GB. Uses shall not reduce the Tertiary Sand Aquifer below the classification of GA except where the concentration of chloride is greater than 250 mg/liter; and then, not below GSA. C. District Requirements presented In Section 503. 402.4 Non —permitted Uses The following uses are not to be permitted in the GO: 1. Land fills 2. Solid waste disposal and processing facilities 3. Chemical and fuel storage areas 4. High —nitrate fertilizers storage or use (within areas of fractures or high porosity soil.) 403 Surface Slaters Overlay District (SWO). 403.1 Establishment and Purpose The SWO District is hereby established to permit development which maintains and preserves the quantity and quality of the surface waters, preverits and abates pollution and contamination, protects public health and permits management of this water resource for best use in the Oriental Planning Area. 403.2 Areas of Application Surface Waters in the Oriental Planning Area include the Neuse River, Greens Creek, Kershaw Creek, Camp Creek, Whitakers Green and Pierce Creek. 403.3 Uses Permissible Uses permissible in the SWO District shall be consistent with the following guidelines, performance standards and referenced regulations. A. 15 NCAC 7H, Areas of Environmental Concern (AEC). All surface waters.in the Oriental Planning Area are classified as both Estaurine waters AEC (15 NCAC 7H, .0206) and Public Trust Waters AEC (15 NCAC 7H, .0207). 1 B. 15 NCAC 2B, Stream Classification Systems The designation of SA and/or SC waters, as classified by the they. Department of Natural and Economic Resources (15 NCAC 2B) (see Section 409.1 for map). C. 15 NCAC 3B, Primary Nursery Areas The designation of Primary Nursery Areas, NRCD, Division of Marine Fisheries, 15.NCAC 3B, Section .1405 (see Section 409.2 for map). D. District Standards as shown in Section 503. 403.4 Non —permitted Uses The following uses shall not be permitted in the SWO District: A. Uses listed as non —permitted in 15 NCAC 7H, Section .0207, plus the following: open dumping of waste including wastewater, dumping of trash or improperly operating motor —driven boats which contribute gas and oil pollution to the public trust waters. B. Uses which discharge "wash -down" wastewater or other discharges associated with commercial fish; uses that reduce water quality or otherwise degrade the environment, so as to significantly interfere with the public right of navigation or other public rights which the public may be found to have in these areas. C. Uses in areas where problems of erosion and sedimentation already exist that require remediation. D. Uses inside seventy-five (75) foot buffer which alters the stream or changes adjacent topography. E. Detached restaurants and other businesses. F. Residences (Floating Homes). G. Uses which result in the discharge of treated or untreated sewage or other human waste from a boat into the water of the Oriental Planning Area. H. Uses which are inconsistent with the intent of the CAMA conser- vation land classification (15 NCAC 7B), even though there are no uses specifically precluded by this class. 404 Drainageways Overlay District (DO). 404.1 Establishment and Purpose The DO District is hereby established to permit development which maintains and preserves the quantity and quality of the drainageways, prevents and abates pollution and contamination, protects public health and permits management of this resource for best usage in the Oriental Planning Area. 404.2 Areas of Application Drainageways are areas where run-off from the natural topography of the land is concentrated. Specific location of drainageways is to be determined through review of topo maps and on -site investigation. 404.3 Uses Permissible Uses permitted in underlying districts shall be permissible only if to the extent that they are consistent with the following guidelines, specifications and performance standards. A. Amount, Rate and Quality of Drainage Water: All development shall be planned, designed, constructed and maintained to: 1. Protect development from flood hazards; 2. Control water within the development without causing damage or harm to the natural environment, or to property or persons with the drainageway; 3. Assure that waters drained from the development are substan- tially free of pollutants, including sedimentary materials; 4. Assure that waters are drained from the development in such a manner that will not cause erosion to any greater extent than would occur in the absence of development; 5. Maintains the volume of run-off as would occur under natural conditions. 6. Maintains the release rate of storm water at the storm water runoff rate from the area in its natural state for all intensities and durations of rainfall. 7. Does not exceed the carrying capacity of the natural drainage system; 8. Prevents accelerated erosion and sedimentation resulting from.land-disturbing activities. 9. Prevents undue retention of surface water on the development site. B. Drainage Patterns: To the extent practicable, all development shall: 1. Conform to the natural contours of the land and natural drainageways shall remain undisturbed. 2. Cause lot boundaries to coincide with natural drainageways within subdivisions to avoid the creation of lots that can be built upon only by altering such natural drainageways. 3. Coordinate the drainage system of a development with and connect to the drainage systems or drainageways on surrounding properties or streets. 4. Be constructed and maintained so that adjacent properties are not unreasonable burdened with surface waters as a result of such developments. More specifically: a. No development may be constructed or maintained so that such development unreasonably impedes the natural flow of water from higher adjacent properties across such development, thereby unreasonably causing substantial damage to such higher adjacent properties; and b. No development may be constructed or maintained so that surface waters from such development are unreasonably collected and channelled onto lower adjacent properties at such locations or at such volumes as to cause substantial damage to such lower adjacent properties. c. In any case, flow shall not be diverted to lands which have not previously encountered overland flow from the same upland source unless adjacent downstream owners agree. 5. Not be channelled or directed into a sanitary sewer. C. District requirements as presented in Section 503. D. Requirements for storm drainage facilities in developments involving 30% of their site or 10,000 feet, whichever is greater, as presented in Section 606. 404.4 Non -permitted Uses (Reserved) 405 Wetlands and Shoreline Overlay District (WSO) 405.1 Establishment and Purpose The WSO District is hereby established to permit development which maintains and preserves the quantity and quality of the shoreline wetlands, prevents and abates pollution and contamination, protects public health and permits management of those resources for hest usage in the Oriental Planning Area. 405.2 Areas of Application The Wetlands and Shoreline Overlay District consists of the wetlands classified as Coastal Wetland AECs by CAMA and the adjacent shoreline classified by CAMA as Estaurine Shoreline. 405.3 Uses Permissible Uses listed as permissible in underlying districts are permissible only if and to the extent to which they are consistent with the following standards: A. 15 NCAC 7H, Areas of Environmental Concern, Section .0207, Coastal Wetlands. B. 15 NCAC 7H, Areas of Environmental Concern, Section .0206,. Estaurine Shoreline. C. Those uses in coastal wetlands which are demonstratively consistent with the aforementioned purpose in the following priority: conservation; development activities which require water access and cannot function elsewhere. D. District requirements as presented in Section 503. 405.4 Non -Permitted Uses A. All uses which, by their design, destroy the marshes (including fill and discharge). B. Conventional residences inside 75' of the shoreline, which can otherwise be built outside the 75 feet of the shoreline; commercial enterprises connected to uses permitted in CAMA estuarine waters; and other uses inconsistent with .0209 of 15 NCAC 7H which can otherwise be built outside the 75 feet of the shoreline. C. Non -water -based industrial uses; commercial enterprises other estuarine waters, trailer parks, agriculture, commercial forestry. D. Uses otherwise inconsistent re: the use standards of 15 NCAC 7H. E. Alteration to the topography which may lead to disturbance of stream hydrology or stream channel geometry (special permit). It shall be proven by the developer that devlopement within the drainageway/wetlands overlay district will not cause pollution or impair the health or safety of the residents, or the ecological balance of the area. F. Clearing of natural vegetation. G. Placement of septic systems closer than 100 feet from the estuarine waters and wetlands. 406 Flood Hazard Overlay District (FRO). 406.1 Establishment and Purpose The FHO District is hereby established to permit development which maintains and preserves the quantity and quality of the flood hazard area, prevents and abates pollution and contamination, protects public health and permits management of this area for best usage in the Oriental Planning Area. This section will be in effect only when FEMA determines the final regulations (Regular Phase). 406.2 Areas of Application Flood prone areas consume nearly the entire planning area. According to FEMA (the Federal Emergency Management Agency), Oriental must abide by the best available determination of the 100 year base flood evaluation, since Pamlico County is in the emergency phase of the program. Currently, that evaluation is twelve feet above mean sea level. This means that the entire Oriental Planning Area is within the flood prone area, requiring the first floor elevation be at or above the elevation determined by FEMA final determination (Regular Phase) (See Section 409.3 for map). 406.3 Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meanig as they have in common usage and so as to give this ordinance its most reasonable application. "Base flood" means the flood having a one percent change or being equalled or exceeded in any given year. "Development" means any man—made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. "Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas from (i) the overflow of inland or tidal waters, and (ii) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood plain" or "flood prone area" means any land area susceptible inundated by water from any source (see definition of "Flood"). "Floodproofing" means any combination of structural or nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Habitable floor" means any floor useable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage is not a "habitable floor." "Mobile home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation wben connected to the required utilities. It does not include recreational vehicles or travel trailers. The term includes but is not limited to the definition of "mobile home" as set forth in regulation's governing the Mobile Home Safety and Construction Standards Program *(24 CFR 3282.7(a)). "Person" includes an individual or group of individuals, corporation, partnership, association, or any other entity, including State and local governments and agencies. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Structure" means, for flood plain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (i) before the improvement or repair is started, or (ii) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, "substantial improve- ment" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (i) any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (ii) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" means a grant of relief by a community from the terms of a flood plain management regulation. 406.4 Uses Permissible A. Zoning permit may be issued for any development within a flood - plain if the permit -issuing authority has reviewed the plans for any such development to assure that: 1. The proposed development is consistent with the need to minimize flood damage; and 2. All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and 3. Adequate drainage is provided to minimize or reduce exposure to flood hazards for both the property for which the permit is requested and for property adjacent to said property. 4. All necessary permits have been received from those agencies from which approval is required by federal or state law. B. New residential building may be constructed and substantial improvement of a residential building may take place within any floodplain if and only if the lowest floor (including basement) of the building or improvemnt is elevated to or above the base flood level. C. New nonresidential building may be constructed and substantial improvements of a nonresidential building may take place within any floodplain if the lowest floor (including basement) of the building or improvement is elevated or floodproofed to or above the base flood level. Where floodproofing is used in lieu of .elevation, a registered professional engineer or architech shall certify that any new construction or substantial improvement has been designed to withstand the flood depths, pressure, velocities, impact and uplift forces associated with the base flood at the location of the building and that the walls below the base flood are substantially impermeable to the passage of water. D. Zoning, special use or conditional use permits may be issued for any development within a floodplain if the permit -issuing authority has reviewed the plans to assure that any new construction or substantial improvements shall be: 1. Designed (or modified) and adequately anchored to prevent flotation collapse, or lateral movement of the structure. 2. Constructed with materials and utility equipment resistant to flood damage. 3. Constructed by methods and practices that minimize flood damage. E. Notwithstanding any other provision of this chapter, mobile homes may be located or relocated in that portion of the floodplain if the following criteria are met: 1. Ground anchors for tiedowns are provided. 2. The following tie down requirements are met: a. Over -the -top ties are required at each of the four corners of the mobile home, with one additional tie per side at an intermediate location, for mobile home less than 50 feet long. Two additional ties per side are required for mobile homes more than 50 feet long. b. Frame ties are required in conjunction with each over -the -top tie. c. All components of the anchoring must be capable of carrying a force of 4,800 pounds. 3. Lots of pads are elevated on compacted fill or by any other method approved by the Town Building Inspector so that the lowest habitable floor of the mobile home is at or above the regulator flood level. 4. Adequate surface drainage and easy access for mobile home hauler is provided. 5. Load—beaning foundation supports sucb as piers or pilings must be placed on stable soil or concrete footings no more than ten feet apart, and if the support height is greater than 72 inches, the support must contain steel reinforcement. F. Whenever any portion of a floodplain is filled in with dirt, slopes shall be adequately stabilized to withstand the erosive force of the base flood. 406.5 Special Provisions for Subdivisions A. An applicant for a conditional use permit authorizing a major subdivision and an applicant for minor subdivision final plat approval shall be informed by the planning department of the use and construction restrictions contained in Sections 406.4E & 406.4C if any portion of the land to be subdivided lies within a floodplain. B. Final plat approval for any subdivision containing land that lies within the floodplain may not be given unless the plat shows the boundary of the floodplain and contains in clearly discernible print the following statement: "Use of land within a floodplain is substantially restricted by Section 306 of the Oriental Zoning Ordinance." C. Subject to the following sentence, a conditional use permit for a major subdivision and final plat approval for any subdivision may not be given if: 1. The land to be subdivided lies within a zone where residential uses are permissible and it reasonably appears that the subdivision is designed to create residential building lots; and 2. Any portion of on or more of the proposed lots lies within the floodplain; and 3. It reasonably appears that one or more lots described in subdivisions (1) and (2) of this subsection could not practicably be used as a residential building site because of the restrictions set forth in Sections , and . The foregoing provision sball not apply if the developer demonstrates to the reasonable satisfaction of the authority issuing the permit or approving the final plat that the proposed lots are not intended for sale as residential building lots. 406.6 Water Supply and Sanitary Sewer Systems in the Floodplain Whenever any portion of a proposed development is located within the floodplain, the agency or agencies responsible for certifying to the town the adequacy of the water supply and sewage disposal systems for the development shall be informed by the developer that a specified area within the development lies within the floodplain. Thereafter, approval of the proposed'system by that agency shall constitute a certification that: A. Such water supply system is designed to minimize or eliminate infiltration of flood waters into it. B. Such sanitary sewer system is designed to eliminate infil— tration of flood waters into it and dischargesfrom it into flood waters. C. Any on —site sewage disposal system is located to avoid impair— ment to it or contamination from it during flooding. 406.7 Additional Duties of Administrator Related to Flood Insurance and Flood Control The administrator shall: A. For the purpose of the determination of applicable flood in— surance risk premium rates within zone A on the town's Flood Hazard Map provided by the Federal Emergency Management Agency. 1. Obtain the elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures; and 2. Obtain, for all structures that have been floodproofed (whether or not such structures contain a basement) the elevation (in relation to man sea level) to which the structure was floodproofed; and 3. Maintain a record of all such information. B. Ensure that the flood carying capacity within the altered or relocated portion of any watercourse is maintained. 407 Soi1s Overlay District (SO). 407.1 Establishment and Purpose The SO District is hereby established to permit development whicfi maintains and preserves the quantity and quality of soils, prevents and abates pollution and contamination, protects public health and property values, and permits management of this land resource for best use in the Oriental Planning Area. 407.2 Areas of Application All the lands in the Oriental Planning Area are included in the Soils Overlay District. The eight soil types in the area were categorized by the District Soil Conservation Service on characteristics of permeability, depth to water table and receptivity of man-made drainage facilities. Analysis was undertaken for the Oriental Planning Board regarding these factors and the costs of corrective measures. This analysis rendered three major soil groupings based upon suitability for conventional septic systems. Regulations are hereby. promulgated for the following classes: Class I . Altavista Loamy Fine Sand #430 Fork Fine Sandy Loam # 56 Dogue Fine Sandy Loam #566B Class II : Yonges Fine Sandy Loam #875 Agent Loam #889 Wahee Fine Sandy Loam #547 Class III: AR Muck #AX #10 The map in Section 409.4 entitled "U.S. Department of Agriculture Soil Conservation Service Soil Survey, Oriental Planning Area, is incorporated as part of these Regulations and shall be presumed to show the correct soil classification of land in the Oriental Planning Area. This presumption may be rebuted by an applicant or intervener based upon a detailed soil survey made by an approved qualified engineer or soil scientist at the applicant's or intervener's expense. 407.3 Uses Permissible Uses listed as permissible in underlying zones are permissible any if and the extent to which they meet the following performance standards: A. Uses which require a conventional septic system are permitted only in Class I soils when and if the developer obtains the necessary permit from the Pamlico County Health Department and other appropriate agencies. B. Uses which provide an acceptable alternative wastewater treat— ment system (such as a low pressure mounded —earth system, etc.) are permitted in Class II soils when and if the developer obtains the necessary permits from the Pamlico County Health Departmnt and other appropriate agencies. C. District requirements 1. Table of Minimum lot size and gross density limitations: Gross Soil Class Minimum Lot Size* Density Class I soils: with private water 20,000 sq ft 1.96 with public water 15,000 sq ft 2.6 Class II soils**: with private water 30,000 sq ft 1.3 witb public water 20,000 sq ft 1.96 Class III soils: 0 sq ft 0 *Unless more restrictive minimum lot sizes are provided for in underlying districts. ** Unless the developer provides an alternative system to produce the equivalent treatment that could be had in Class I soils. 2. In the event that a lot shall have more than one class of soil, the standard applicable to the poorest class of soil on the lot shall be applicable unless there shall be sufficient acreage of a better class soil to satisfy the standards (notwithstanding Section 503.7). 3. No interior lot shall be less than 2 acres regardless of soil classification. An interior lot shall have an access easement of no les than 50 feet. There shall be no more than two interior adjoining lots. 407.4 Non —permitted Uses Uses listed as permissible in underlying districts in Sections 300 and 501 are not permitted in the following soils: AX Axis Muck 10 408 Adoption of Overlay District baps. The maps listed below are adopted as Official Maps, dated . Official copies are on file at the Town Hall, with illustrative copies presented here. 408.1 Zoning Map: Surface Water Overlay (enclosed) 408.2 Zoning Map: Flood Hazard Overlay (enclosed) 408.3 Zoning Map: Soils Overlay (enclosed) Interpretation of boundaries is addressed in Section 807.3. April, 1983 DEPARTMENT OF NATURAL RESOURCES AND COMM DMLOPIENT. DIVISION Of COMMUNITY'`ASSIS WISHINGTON REGIONAL OFTICE/ WASHINGTON, CAROLINA. TOWN OF ORIENTAL PAMLICO COUNTY NORTH CAROLINA r Ju✓ i Exhibit 408.1 ZONING MAP: SURFACE WATER OVERLAY DISTRICT S A S C PRIMARY NURSERY AREAS EXTRATERRITORIAL ZONING JURISDICTION ---��----- TOWN LIMITS I 1 I 1 I 1 I I I I I 1 1 1 1_ fell�� 1 :er . Bav'* 'caliactad 1� plotted per' ,,,.'i .�,...'` •.•, ��/ PeA� t R�llllph/ N,Gt Exhibit 408.2 ZONING MAP: TOWN OF FLOOD HAZARD OVERLAY DISTRICT I 1 i 1 I 1 1 1 I 1 I 1 I 1 1 / 1 I 1don 1 l o , 1 N Planning A Design Associates, P.A., Raleigh* N.C. 0l: WIR SECTION 500 PERMISSI= USES AND PERFORMANCE STAIIIDASDS 501 Permissible Uses 501.1 Relationship to Performance Standards. The following Table of Permissible Uses (Section 501.3) should he read in close conjunction with the definitions of terms set forth in Section 502 and the other interpretative provisions set forth in this ordinance. Additionally, uses listed as permissible herein are so only if and the extent to which they satisfy the performance standards in Section 503. 501.2 Use of the Designations Z, S, C in Table of Permissible Uses. A. Subject to Section 502.1, when used in connection with a - particular use in the Table of Permissible Uses (the letter "Z" means that the use is permissible in the indicated zone with a zoning permit issued by the administrator. The letter "S" means a special use permit must be obtained from the board of adjustment, and the letter "C" means a conditional use permit must he obtained from the Town Council). B. When used in connection with multi —family residences (use classification 1.300), the designation "SC" means that such developments of less than five dwelling units must he pursuant to a special use permit and developments of five or more dwelling units need a conditional use permit. C. Subject to Section 502.1, use of the designation "ZC" means that a zoning permit must he obtained if the development is located on a lot of M one acre or less in the LMU, MMU or WRCI zones, or (ii) two acres or less in the LR & MR zones, while a conditional use permit must be obtained for all developments on lots in excess of these limits, except in the AF Zone. D. Subject to Section 502.1, use of the designation "ZS" means that a zoning permit must be obtained if the development is located on a lot of two acres or less while a special use permit must be obtained for developments in excess of two acres. E. Use of the designation Z, S, C for combination uses is ex— plained in Section 502.6. 501.3 TABLE OF PERMISSIVE USES USE DESCRIPTION AF LR MR LMU MMU WRCI 1.000 Residential 1.100 Single -Family Residential (detached units) 1.110 Residence (not mobile home) Z Z Z Z Z 1.120 Residence (not mobile home; with accessory apartment) Z Z' Z 1.130 Mobile Home Parks S , 1.140 Single Wide Mobile Home (on individual lot) , 1.150 Double Wide mobile home (on individual lot) S S S S 1.200 Two -Family Residences (attached units) 1.210 Duplex Z Z Z Z ' 1.220 Two -Family Conversion Z Z Z 1.300 Multi -Family Residences (attached units) 1.310 Three or More Units Structures SC SC SC 1.320 Conversions of from Three or More Units SC SC SC 1.400 Homes Emphasizing Special Services Treatment or Supervision (Residential Care Facilities) 1.410 Family Care Homes/Group Homes Z Z Z Z 1.420 Nursing Care Intermediate Care Homes S S . 1.430 Child Care Homes S Z Z Z 1.440 Halfway Houses S S 1.500 Miscellaneous Long -Term Rooms for Rent Situations 1,510 Rooming Houses, Boarding Houses Z 1.600 Temporary Residences 1.610 Temporary Emergency Construction and Repair -Residences Z Z Z Z Z Z 1.620 Tourist Homes and Other Temporary Residences Renting by the Day or Week Z Z 1.630 Hotels, Motels, and Similar Businesses or Institutions Providing Overnight Accommodations C C 1.700 Home Occupations Z Z Z Z Z 2.000 Sales and Rental of Goods, Merchandise and Equipment 2.100 No Storage or Display of Goods Outside Fully Enclosed Building 2.110 High -Volume Traffic Generation - 2.111 Convenience Stores S S 2.112 ABC Stores S S 2.113 Other ZC ZC - 501.3 TABLE OF PERMISSIVE USES USE DESCRIPTION AF LR MR LMU MMU WRCI 2.200 Storage and display of Goods Outside Fully Enclosed Building Allowed 2.210 High -volume Traffic Generation ZC ZC 2.220 Low -volume Traffic Generation ZC ZC 2.230 Wholesale Sales ZIC ZC 3.000 Office, Clerical, Research and Services Not Primarily Related to Goods or Merchandise 3.100 All Operations Conducted Entirely Within Fully Enclosed Building 3.110 Operations designed to attract and serve Customers or clients on the premises, such as the offices of attorneys, phy- sicians, other professions, insurance and stock brokers, travel agents, govern- ment office buildings, etc. S S 3.120 Operations designed to attract little or no customer or client traffic other than employees of the entity operating the principal use. Z Z 3.130 Offices or clinics of physicians or dentists with not more than 10,000 square feettof gross floor area Z Z 3.200 Operations Conducted Within or Outside Fully Enclosed Building 3.210 Operations designed to attract and serve customers or clients on the premises S S - 3.220 Operations designed to attract little or no customer or client traffic other than the employees of the entity operating the principal use. Z Z 3.230 Banks with drive-in windows Z Z 4.000 Manufacturing, Processing, Creating, Repairing, Renovat hg, Painting,' Cleaning, Assembling of Goods, Merchandise and Equipment 4.100 All operations conducted entirely with- in fully enclosed building 501.3 TABLE OF PERMISSIVE USES USE DESCRIPTION AF LR MR LMU MMU WRCI 4.110 Majority of Dollar Volume of Business Done with Walk-in Trade 4.120 Majority of Dollar Volume of Business not Done with Walk-in Trade 4.200 Operations Conducted Within or Outside Fully Enclosed Building 5.000 Educational, Cultural, Religious, Philanthropic, "Social, Fraternal Uses 5.100 Schools 5.110 Elementary and Secondary (including Associated Grounds and Athletic and Other Facilities) 5.120 Trade or Vocational Schools 5.200 Churches, Synagogues and Temples (including associated residential structures for religious personnel and associated buildings but not including elementary school) 5.300 Libraries, Museums, Art Galleries, Art Centers and Similar Uses (including associated educational and instructional activities) 5.310 Located within a building .designed and previously occupied as a residence or within a building having a gross floor area not in excess of 3,500 square feet 5.320 Located within any permissible structure 5.400 Social, Fraternal Clubs and Lodges, Union Halls, and Similar Uses 6.000 Recreation; Amusement, Entertainment 6.100 Activity conducted entirely within Building or Substantial Structure 6.100 Bowling alleys, skating rinks, Indoor tennis and squash courts, billiards and pool halls, indoor athletic and exercise facilities • ZC ZC X • ZC ZC • ZC ZC • ZC ZC ZC ZC • ZC ZC . • S Z Z • S Z Z - • ZC ZC • ZC ZC 501.3 TABLE OF PERMISSIVE USES USE DESCRIPTION AF LR MR U40 MMU WRCI 6.120 Movie Theatres 6.121 Seating Capacity of Not more than 300 ZC ZC ' 6.122 Unlimited Seating Capacity ZC ZC ' 6.200 Activity Conducted Primarily Outside . Enclosed Buildings or Structures 6.210 Privately Owned Outdoor'Recreation- al Facilities such as golf and country clubs, swimming or tennis clubs, etc., not constructed pur- suant to a permit authorizing the construction of some residential development S ZC ZC ZC ' 6.220 Publicly owned and Operated Out- door recreational facilities such as athletic fields, golf courses, tennis courts, swimming pools, parks, etc., not constructed pursuant to a permit author- izing the construction of another use such as a school S ZC ZC ZC 6.230 Golf driving ranges not accessory to golf courses,.Par 3 golf courses, miniature golf, board parks, water slides, and similar uses ZC ZC 6.240 Horseback riding, stables (not con- structed pursuant to permit author- izing residential development) Z 7.000 Institutional Care Facilities 7.100 Hospitals, clinics, other medical (including mental health) treatment facilities in excess of 10,000 square feet of floor area 7.200 Nursing Care Institutions, Intermediate Care Institutions, Handicapped or Infirm Institutions, Child Care Institutions 8.000 Restaurants, Bars, Night Clubs 8.100 No substantial carry -out service, no drive-in service, no service or consumption outside fully enclosed structure 8.200 No substantial carry -out service, no drive-in service. Service or consumption outside fully enclosed structure allowed • ZC . ZC . Z Z • S S 501.3 TABLE OF PERMISSIVE USES USE DESCRIPTION AF LR MR LMU MMU WRCI 8.300 Carry -out service, consumption outside fully enclosed structure allowed 8.400 Carry -out service, drive-in service, service or consumption outside fully enclosed structure allowed 9.00O.Motor Vehicle -Related Sales and Service Operations 9.100 Motor vehicle sales or rental, mobile home sales 9:200 Sales with installation of motor vehicle parts or accessories (eg. tires, mufflers, etc.) 9.300 Motor vehicle repair and maintenance, not including substantial body work 9.400 Motor vehicle painting and body work 9.500 Gas Sales operations 9.600 Car Wash 10.000 Storage and Parking 10.100 Automobile parking garages or parking lots not located on a lot on which there is another principal use to which the parking is related 10.200 Storage of goods not related to sale or use of those goods on the same lot where they are stored 10.210 All storage within completely enclosed structures 10.220 Storage inside or outside completely enclosed structures 10.300 Parking of vehicles or storage of equipment outside enclosed structures where: (i) vehicles or equipment are owned and used by the person making use of lot, and (ii) parking or storage is more than a minor and incidental part of the overall use made of the lot • ZC ZC • ZC ZC ZC ' ZC' ZC ' Z Z ' ZC • Z Z S Z Z Z Z • ZC ZC ZC • ZC ZC ZC • S ZC ZC 501.3 TABLE OF PERMISSIVE USES USE DESCRIPTION AF LR MR LMU MMU WRCI 11.000 Scrap Materials Salvage Yards, Junkyards, Automobile. Graveyards 12.000 Services and Enterprises Related to Animals 12.100 Veterinarian • Z Z 12.200 Kennel Z Z 13.000 Emergency Services 13.100 Police Stations Z Z - 13.200 Fire Stations Z Z 13.300 Rescue Squad, Ambulance Service Z Z 13.400 Civil Defense Operation Z Z - 14.000 Agricultural, Silvilcultural, Mining, Quarrying Operations 14.100 Agricultural operations, farming Z 14.110 Excluding livestock Z 14;.120 Including livestock Z 14.200 Silvicultural Operations Z 14.300 Mining or quarrying operations, including on -site sales of products 14.400 Reclamation landfill Z 15.000 Miscellaneous Public and Semi - Public Facilities 15.100 Post Office Z Z 15.200 Airport 15.300 Sanitary landfill Z 501.3 TABLE OF PERMISSIVE USES USE DESCRIPTION AF LR MR LMU MMU WRCI 16.000 Dry Cleaner, Laundromat 17.000 Utility Facilities And Lines 17.100 Neighborhood Facilities 17.200 Community or Regional Facilities 17.300 Major installation of lines (e.g., two miles of lines along a tree canopied highway or across an open vista or water) 18.000 Towers and .Related Structures • Z Z S S ZC ZC S S S S S S 18.100 Towers and antennas fifty feet tall or less 18.200 Towers and antennas more than fifty fee tall and receive only earth station 19.000 Open Air Markets and Horticultural Sales 19.100 Open air markets (farm and craft markets, Z flea markets, produce markets) 19.200 Horticultural sales with outdoor display Z 20.000 Funeral Home 21.000 Cemetery 21.100 Cemetery 23.000 Temporary Structures Used in Connection With the Construction of a Permanent Building or for Some Non -Recurring Purpose 24.000 Bus Station 2S.000 Commercial Greenhouse Operations 25.100 No on -premises sales 25.200 On -premises sales permitted ZC ZC ZC • S S S S • S S • S Z Z • S Z Z 501.3 TABLE OF PERMISSIVE USES USE DESCRIPTION AF LR MR LMU WU WRCI 26.000 Water Dependent Uses 26.100 Docks, piers, wharfs, mooring piling, and similar structures or facilities not used.in connection with another principal use 26.200 Marinas 26.300 Commercial Fishing piers 26.400 Public Access boat ramps not used in connection with another principal use 27.000 Special Events 28.000 Off premises signs 29.000 Subdivisions 29.100 Major 29.200 Minor 30.000 Combination Uses • ZC • S ZC • S S • C C C • Z Z Z ZSC ZSC ZSC ZSC ZSC ZSC 502 Interpretation of Permissible Uses Table. 502.1 Board of Adjustment Jurisdiction Over Uses Otherwise Permissible With a Zoning Permit Nothwithstanding any other provisions of this article, whenever the Table of Permissible Uses (interpreted in the light of Section 501.2 and the provisions of this section) provides that a use in a non—residential zone is permissible with a zoning permit, a special use permit shall nevertheless be required if the administrator finds that the proposed use would have an extra —ordinary impact on neighboring properties or the general public. In making this determination, the administrator shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards of difficulities, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question. 502.2 Permissible Uses and Specific Exclusions. A. The presumption established by this chapter is that all legiti— mate uses of land are permissible within at least one zoning district in the town's planning jurisdiction. Therefore, because the list of permissible uses set forth in Section 501 (Table of Permissible Uses) cannot be all—inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses. B. Notwithstanding subsection (A), all uses that are not listed in Section 501 (Table of Permissible Uses), are prohibited. Nor shall Section 501 (Table of Permissible Uses) be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts. C. Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts: 1. Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the fire prevention code adopted by the Town. 2. Stockyards, slaughterhouses, rendering plants. 3. Use of a travel trailer as a residence, temporary or permanent. 4. Use of any motor vehicle parked on a lot, as a structure in which, out of which or from which any goods are sold or stored, any service is performed, or other business is conducted, except that retail sales of food products and goods manufactured, created or produced by the seller shall not be prohibited by this provision. Notwithstanding any other provision of this chapter, situations that exist on the effective date of this provision that are in violation thereof shall not he regarded as lawful nonconforming situations thirty days after the effective date of this provision. 502.3 Accessory Uses A. The Table of Permissible Uses (Section 501) classifies different principal uses according to their different impacts. Whenever an activity (which may or may not he separately listed as a principal use in this table) is conducted in conjunction with another principal use and the former use (i) constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or (ii) is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may he carried on underneath the umbrella of the permit issued for the principal use. For example, a swimming pool/tennis court customarily associated with and integrally related to a residential subdivision or multi -family development would be regarded as accessory to such principal uses, even though such facilities if developed apart from a residential development, would require a special use permit (use classification 6.210). B. For purposes of interpreting subsection (A): 1. A use may he regarded as incidential or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use; 2. To be "commonly associated" with a principal use it is not necessary for an accessory use to be connected with such principal use more times than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness. C. Without limiting the generality of subsections (A) and (B), the following activities are specifically regarded as accessory to residential principal uses so long as they satisfy the general criteria set forth above: 1. Offices or studios within an enclosed building and used by an occupant of a residence located on the same lot as such building to carry on administrative or artistic activities of a commercial nature, so long as such activities do not fall within the definition of a home occupation. 2. Hobbies or recreational activities of a non-commercial nature. 3. The renting out of one or two rooms within a single family residence (which one or two rooms do not themselves constitute a separate dwelling unit) to not more than two persons who are not part of the family that resides in the single family dwelling. D. Without limiting the generality of subsections (A) and (B), the following activities shall not he regarded as accessory to a residential principal use and are prohibited in residential districts: 1. Storage outside of a substantially enclosed structure of any motor vehicle that is neither licensed nor operational. 2. Parking outside a substantially enclosed structure of more than four motor vehicles between the front building line of the principal building and the street on any lot used for purposes that fall within the following principal use classifications: 1.100, 1.200, 1.420, or 1.430. 502.4 Permissible Uses Not Requiring Permits. Notwithstanding any other provisions of this chapter, no zoning, special use, or conditional use permit is necessary for the following uses: 1. Streets 2. Small scale electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right of way. 3. Neighborhood utility facilities located within a public right of way with the permission of the owner (state or town). of the right of way, so long as such facilities do not exceed five feet in height, five feet in width or five feet in depth. 502.5 Change in Use A. A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever: 1. The change involves a change from one principal use category to another. 2. If the original use is a combination use (30.000), the relative proportion of space devoted to the individual principal uses that comprise the combination use changes to such an extent that the parking requirements for the overall use are altered. 3. If the original use is a combination use (30.000), the mixture of types of individual principal uses that comprise the combination use changes. 4. If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a combination use), that business or enterprise moves out and a different type of enterprise moves in (even though the new business or enterprise may he classified under the same principal use or combination use category as the previous type of business). For example, if there is only one building on a lot and a florist shop that is the sole tenant of that building moves out and is replaced by a clothing store, that constitutes a change in use even though both tenants fall within principal use classification 2.110. However, if the florist shop were replaced by another florist shop, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if the florist shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one business on the lot and the essential character of the activity conducted on that lot (shopping center — combination use) has not changed. B. A mere change in the status of property from unoccupied to occupied or vice —versa does not constitute a cbange in use. Whether a change in use occurs shall he determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unlzss the property has remained unoccupied for more than 180 consecutive days or has been abandoned. C. A mere cbange in ownership of a business or enterprise shall not be regarded as a change in use. 502.6 Combination Uses A. When a combination use comprises two or more principal uses that require different types of permits (zoning, special use, or conditional use), then the permit authorizing the combination use shall be: 1. A conditional use permit if any of the principal uses combined requires a conditional use permit. 2. A special use permit if any of the principal uses combined requires a special use permit but none requires a conditional use permit. 3. A zoning permit in all other cases. This is indicated in the Table of Permissible Uses by the designation "ZSC" in each of the columns adjacent to the 30.000 classification. 502.7 More Specific Use Controls. Whenever a development could fall within more than one use classifi— cation in the Table of Permissible Uses (Section 501), the classification shall be that which most closely and most specifically describes the development controls. For example, a small doctor's office or clinic clearly falls within the 3.110 classification (Office and service operations conducted entirely indoors and designed to attract customers or clients to the premises). However, classification 3.130, "Physicians and dentists offices and clinics occupying not more than 10,000 square feet of gross floor area" more specifically covers this use and therefore is controlling. • 502.8 through 502.11 Reserved 503 Performance Standards for underlying Districts 503.1 Intensity A. Intensity is a measure of the magnitude and negative impact of land use on the environment and neighboring land uses. Intensity is comprised of many factors acting together, such as those addressed in this section (density, floor area, impervious surface, open space, traffic generation, noise, vibration, smoke, odor, electrical disturbance, and light and glare). B. Section 503.2 through Section 503.5 present the regulations for acceptable levels of density, floor area, impervious surface and open space for each of the underlying districts established in Section 400, with a summary chart presented in 503.6 which features the interrelationship of these factors within a district. C. Section 503.7 presents a methodology for adjusting four of these factors (density, floor area, impervious surface, and open space) when a site is restricted for environmental reasons by the overlay districts established in Section 400. D. Flexibility in Administration Authorized 1. The requirements set forth in this section stipulate the intensity to be permitted in each underlying district. The Board recognizes, however, that due to the particular nature of a tract of land, or the nature of the facilities proposed for installation, or other factors, the underlying objectives of this chapter may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the permit issuing body is authorized 'to permit minor deviations from these standards whenever it determines that: (a) the objectives underlying these standards can be met without strict adherence to them; and (b) because of peculiarities in the developer's tract of land or the facilities proposed upon it would be unreasonable to require strict adherence to these standards. 2. Whenever the permit issuing board authorized some deviation from the standards set forth in this article pursuant to subsection (a), the official record of action taken on the development application shall contain a statement of the reasons for allowing the deviation. 503.2 Density A. Density is a measure of residential land use intensity which is expressed as the number of dwelling units (not to be confused with the number of dwelling structures) per acre. Density is calculated by dividing the number of dwelling units by the gross site area expressed in acres. For example: du's (32) gross acres (20.5) 1.56 du/ac (Density) Allowable densities in the underlying districts (established in Section 300) are presented in Section 503.6 and are subject.to limitations/bonuses resulting from the restrictions of the Soils Overlay District (Section 400) as in Section 503.7. B. In contract to "Density" as defined above, "Minimum Lot Size" means the minimum amount of land (usually expressed in square feet) permissible per unit. For example, a 10 acre site may have a density of 4.0 (providing a maximum of 40 units), and a minimum lot size of 6,000 sq. ft. (Traditional ordinances which confuse the two terms would permit 7.26 units (43,460 divided by 6,000) with the minimum lot size was the governing factor. This ordinance uses density as the governing factor.) In this 10 acre example, there would be permitted no more than four dwelling units; and none of them could be placed upon an individual lot smaller than 6,000 sq. ft. Minimum lot sizes for the underlying zones are presented in Section 503.6 and are subject to adjustment due to environmental restrictions of the Overlay Districts (See Section 503.7). The following regulations also apply regarding minimum lot size: C. Subject to the provisions of Sections 602.1 (Cluster subdivi- sions) and 602.2 (Architecturally integrated subdivisions), every lot used for single-family residential purposes shall have at least the number of square feet indicated as the minimum lot size permissible in the zone according to Section 503.6. Every lot developed as a single family residence with accessory apartment shall have the number of square feet equal to 133% of the minimum lot size required for single family residences in that district. D. Density for duplexes and multi -family shall be determined by the density shown in 503.6. 503.3 Floor Area Ratio (FAR) A. Floor area ratio is a non-residential land use intensity measure analagous (residential) to density. It compares the floor area of a building with the total area of its site. Floor area is the sum of the gross square feet of the several floors of the buildings or structures. It is a useful indicator of land use impacts and one which provides the flexibility appropriate to the considerable diversity of non-residential uses. B. Floor Area Ratio is calculated by dividing the gross square feet of all floors by the gross site area. For example: gross floor area (3750) .75 (FAR) gross site area (5000) This example building could be one or more stories and still have a floor area ratio of .75, as long as it had not more than 3750 sq. ft. of gross floor space on the 5000 sq. ft. lot and it met other requirements of Section 503.6. C. Acceptable levels of floor area ratio are presented in Section 503.6 and are subject to adjustment as outlined in Section 503.7. 503.4 Impervious Surface Ratio (ISR) A. Impervious surfaces are those that do not absorb rain to include buildings, roads, parking lots, etc. B. The impervious surface ratio is a measure of land use intensity which is expressed as the number of acres with impervious surface divided by the number of gross site acres. Acres of Impervious Surface (5.4) Gross Site Area (20.5) 3 •26 (ISR) Acceptable level of impervious surface ratio are presented in Section 503.6 and are subject to adjustment as outlined in Section 503.7. 503.5 Open Space Ratio (OSR) A. Open space is the part of a site, excluding land occupied by private lots or road rights -of -way, which remains undeveloped and is specifically designated and intended to benefit the neighborhood or community as a whole. It is in contrast to private open space, which is solely for the enjoyment of the individual lot owner. Additionally, for purposes of this section, open space is land that: Is not encumbered with any substantial structure; Is not devoted to use as a roadway, parking area, or sidewalk; Is left in its natural or undisturbed state (as of the date development began), if such a state is compatible with use of the area described in this section, or properly planted and landscaped; Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; and Is legally and practicably accessible to the residents of the development out of which the required open space is taken, or to the publlic if dedication of the open space is required pursuant to Section 503.5(D). B. The open space ratio measures the proportion of a site so desig— nated as open space, and is calculated by dividing the acres of open space by gross site area: Acres of Open Space (6.8 ac) _ .33 (OSR) Gross Site Acres (20.5 ac) All residential developments of six acres or larger shall achieve the Open Space Ratio (OSR) in Section 503.6 and are subject to adjustment of Section 503.7. C. Ownership and Maintenance of Required Open Space. 1. Usable open space required to he provided by the -developer in accordance with this article shall not (that is, is not allowed to) he dedicated to the public but shall remain under the ownership and control of the developer (or his successor) or a homeowners association or similar organization that satisfies the criteria established in Section 503.5(E). 2. The person or entity identified in subsection (a) as having the right of ownership and control over such open space shall he responsible for the continuing upkeep and proper maintenance of the same. D. Dedication of Open Space (Reserved). E. Homeowners Associations. Homeowners associations or similar legal entities that are responsible for the maintenance and control of common areas, including open space, shall he established in such a manner that: Provision for the establishment of the association or similar entity is made before any lot in the development is sold or any building occupied; The association, or similar legal entity has clear legal authority to mainain and exercise control over such common areas and facilities; The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the main— tenance and upkeep of such common areas and facilities. 503.6 Table of Selected Intensity Standards by District Uses listed in the Table of Permissible Uses (Section 501) shall conform to the following additional requirements. Table of Intensity Standards Section 503.2 503.2 503.2 503.2 503.2 a a Floor Area a Impervious a&cOpen Spam District Density Min. Lot Size Ratio Surface Ratio Ratio AF .10 10 Ac N/A N/A N/A LR 2.00 15,000 N/A N/A .15 MR 3.00 12,500 N/A N/A .20 LMU 4.00 9,500 .10 .70 N/A MMU 6.00 6,000 .40 .80 N/A WRCI N/A N/A .80 .90 N/A aSee Section 503.7 for adjustment, if necessary. bOpen Space Ratio is applicable only on sites of six acres or larger. cArea of Environmental Concern Standards permit no more than 30% of 75' shoreline area he covered with impermeable surface (15 NCAC 7H, Section .0209) . 503.7 Intensity Bonus or Transfer A., In many cases, a site will have a significant portion of its gross area under different Overlay Districts (Section 400). For example, a developer may find part of his 10 acre development covered by all three soil classes (Section 407), each with different limitations on the density to which he may build. In this case, part of his development will not be restricted by the Soils Overlay, part will he partially restricted, and part will have Class III soils where building is legally impermissible. The purpose of this section is to permit the developer to capture a reasonable portion of the density which would otherwise he lost on the unsuitable soils, thereby providing incentive to the developer to protect those unsuitable soils which are likely to he wetlands and/or marsh grasses. Under this section, a density bonus is possible if more than 40% of the tract is on buildable soil. Below 40%, there i- bonus. B. If a tract proposed for development (subdivided or unsubdivided) contains more than 10% of its gross site area which is restricted by the Soils Overlay District (Section 407), the maximum permissible intensity shall be. calculated as in the following example: A developer has a site of 10 acres in District LMU served with public water (private sewer). From the Soils Overlay District (SO) in Section 400, he and the zoning administrator learn that 5 acres are in Type I soils; 3 acres are in Type II Soils (which have density limitations) and 2 acres are in Type III soils (which are unbuildable). (This site must satisfy Section 503.7 since 50% of its area is limited by the overlay district). Having noted this, maximum allowable intensity (density or floor area ratio, impervious surface ratio, and open space ratio) is to be calculated as follows: I. Given: Total acres in the Underlying Zone (LMU) 10 2. Determine: From the Soils Overlay District (SO) in Section 407.3: a. the nfimber of acres not restricted by overlay 5 (that is, the number of acres in Soil Type I) b. the number of acres restricted but buildable 3 according to the overlay (that is, in Soil Type II) c. the number of acres unbuildable according to the 2 overlay (that is, in Soil Type III) d. Add: a to b to render the number of buildable 8 acres. (Put this number on the line provided for in Step 4 below). 3. Determine: the number of units which can be built in each area as follows (rounding fractions down in each step): a. Multiply 2a above by the density permitted in 5 x 2.6 = 13 Type I Soils (Section 407) b. Multiply 2b above by the density permitted in 3 x 1.96 5.88 Type II Soils (Section 407) c. Multiply 2c above by the density permitted in 2 x 0.0 = 0 Type III Soils (Section 407) d. Add 3a and 3b to determine the number of 18.88 = 18 buildable units under the overlay: 4. Multiply the number brought forward from step 2d 8 x 2.6 = 20.8 = 20 by the density permitted in Class I (Section 407) to determine # of buildable units if the entire was Class I soils. 5. Divide 3d by Step #4 to determine the percent of 18/20 = .9 total density before adjustment. 6. Round this percentage down to the nearest ten percent and match it to the left hand column in the following table. Then find the corresponding adjust- ment factor in the right hand column: 1.00 Percent Adjustment Factor 10 .20 20 .30 30 .40 40 .50 50 .60 60 .70 70 .80 80 .90 90 1.00 100 1.00 7. Multiply this adjustment factor times the original site area and times the original density for Class I soils from Section 407: 1.0 x 10 ac x 2.6 = 26 (Note that in this example, the developer would have been permitted to develop only 18 units (step 3.d.) without the adjustment factor, whereas he can build 26 using it, thereby gaining a "density bonus" of 8 units. 8. If the intended use is a mixed use or a commercial use, and if Table 503.6 shows a Floor Area Ratio (FAR) for this Underlying District, divide the total number of units permitted with the adjustment by the number that would have been permitted without the adjustment: and multiply the answer times the FAR shown in Table 305.6: Thus, the FAR increases commensurate with density. 9. If Table 503.6 shows an Impervious Surface Ratio (ISR) for this District, divide the total number of units permitted with the adjustment by the number that would have been permitted without the adjust- ment as in step 8 (again, 26/18 = 1.44), and multiply the answer times the ISR in Table 305.6: The ISR increases to this amount or to .90, which- ever is less. Enter adjusted ISR. 10. If Table 503.6 shows an Open Space Ratio (OSR) for this underlying District, multiply the OSR by the adjustment factor in Step 6: This would allow the open space requirement to drop commensurate with the increase in density, since part of the site is already taken up by the bonus units. 26/18 = 1.44 1.44 x .10 = .14 1.44 x .70 = 1.00 .90 1.0 x N/A a N/A C. Location of Bonus Units All bonus units shall be constructed in Soil Class I if possible. Otherwise, part of the bonus units may be built in Class II Soils but no more than the percentage of units which is equal to the following formula: Acres of Class II soils (3) .375 Acres of Class I and Class II Soils (8) Thus, in our example, all 8 bonus units must be built in Class I soils if otherwise permissible under this ordinance. Otherwise, not more than 3 units (.375 x 8 bonus units - 3) may be built in Class II soils. D. Flexibility in Administration Authorized 1. The Board recognizes, however, that due to the particular nature of a tract of land, or the nature of the facilities proposed for installation, or other factors, the underlying objectives of this article may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the permit issuing body is authorized to permit minor deviations from these standards whenever it determines that: (a) the objectives underlying these standards can be met without strict adherence to them; and (b) because of peculiarities in the developer's tract of land or the facilities proposed it would be unreasonable to require strict adherence to these standards. 2. Whenever the permit issuing board authorized some deviation from the standards set forth in this article pursuant to subsection (a), the official record of action taken on the development application shall contain a statement of the reasons for allowing the deviation. 503.8 Traffic Generation A. No use within the LMU, MMU, or WRCI districts is permissible if, according to the remaining provisions of this section, such use tends to generate more than the maximum level of trips per day permissible in reference to the lot on which such use is located. Table 503.8A, on the following page, provides the average trip generation rates by land use category wbich should assist in'satisfying this Section). B. The maximum allowable average daily trips (ADTs) that may be generated by a use or any lot are set forth in table 503.8B. If a lot has frontage on more than one type of street, then the street having the highest ADT value onto which the proposed development will have access shall be used to determine the maximum allowable ADTs for such lot. Table 503.8B Maximum Allowable Average Daily Trips Per 15,000 Sq. Ft. of Lot Area Zoning Type of Street on Which Lot Has Frontage District Arterial Collector Minor, Local, Subcollector LMU 100 ADT's 50 ADT's 50 ADT's MMU 200 ADT's 100 ADT's 100 ADT's WRCI 200 ADT's 100 ADT's 100 ADT's C. To determine the average daily trips generated, the following steps shall be followed: I. Existing lot size (sq.ft.) divided by'15,000 sq. ft. _ x MAX. ADT's from table in subsection B above = maximum ADT allowed. 2. Proposed total number of dwelling units (D.U.) or gross floor area (GFA) x the average 24—hour weekday total from table in subsection C above = 3. If the answer to #2 is less than or equal to #1, the use as proposed is permitted. If the answer to #2 is greater than #1, then adjustments must be made (e.g., lower number of D.U. or GFA) so that #2 is less than or equal to #1. TABLE 503.8A AVERAGE TRIP GENERATION RATE BY LAND USE CATEGORY Use Category Land Use Residential Single family Multiple family Condominium Mobile home Retirement community & elderly housing Resort & recreational rental housing All other uses Trip veneration Rates (Trip Origins and Destinations) per 1,000 Square Feet of Gross Floor Area (GFA), Dwelling Unit (D.U.), or Other Specified Unit of Measure Average 24-hour Highest average weekday total weekday hour between 3 PM-6 PM 8.05/D.U. .81/D.U. 8.05/D.U. .81/D.U. 5.6/D.U. .4 D.U. 5.2/D.U. .53/D.U. 3.3/D.U. A/D.U. 12/D.U. 1.2/D.U. 5.6/D.U. .5/D.U. Office Business or professional office 93/GFA Medical office or clinic 44/GFA Office & research park 20.6/CFA All other uses 20/GFA Commercial/ Entertainment Outdoor Recreation Boat launching ramp 4.8/ramp .9/ramp Golf course 45.3/hole 7.6/hole Park with swimming area 7.4/total acre . 1.2/total acre Park with hiking, picnicing or camping area .5/total acre .08/total acre Swimming pool 18.51100 sq. ft. of 1.8/100 sq. ft. of water area water area Commercial Tennis court 27/court 5.4/court Recreation All other uses 6.0/total acre .9/total acre Indoor Recreation Institutional, and Special Residential Church 18.7 /GFA Community or recreation center 25/GFA Library 42/CFA Nursing home 2.7/bed Schools, elementary .91/student high 1.1/student college 2.2/student Swimming pool, indoor 18.51100 sq. ft of water area Tennis, racquetball or handball court or club 27/court All other uses 19/GFA Banks and other financial institutions 148/GFA Bowling alley 33/lane Grocery stores and supermarkets 125.4/GFA Hospital 12.2/bed Hotel or motel without meeting and/or banquet facilities 9.6/unit Restaurant (standard, sit-down) 76/GFA Retail sales or store 62/GFA Service business 31/GFA Shopping centers (under 100,000 sq. ft.) 85.8/GFA (100.000 to 1.000.000 sq. ft'. 49.9/GFA (over 1,000,000 sq. ft.) 27.1/GFA All other uses 31/GFA Amusement park fairground 202/acre Outdoor theater Racetrack All other uses 125/acre 13.4/CFA 5.9/GFA 2.4 GFA 2/GFA 29.3/GFA 3.3/lane 15.7/GFA 1.3/bed .71/unit 4.6/CFA 5.8/GFA 2.9/GFA 10.5/CFA 5.3/CFA 3.2/GFA 2.9/GFA 20.2/acre 12.5/acre 1.5/GFA Road Service Convenience stores 4.8/CFA (eg. 7-11 stores) 330/GFA 23.7/CFA 6.7/CFA Fast food .36/bed restaurants 894/GFA 81.9/CFA .11/student Gasoline service .29/student stations 99.5/GFA 19.4/GFA .21/student Taverns 133/GFA 26.6/GFA 1.8/100 sq. ft. of All other uses 44/CFA 6.6/GFA water area Agricultural 5.4/court Support All uses 4.01/CFA A/GFA 1.9/GFA Light Industry All uses 5.46/GFA 1.18/CFF Heavy Industry All uses 4.4/GFA .8/CFA Source: Kendig, Lane, Performance Zoning, American Planning Association, Washington, D.C., 1970. Adapted from Trip Generation Institute of Transportation Engineers. 1976 and State of California, Department of Transportation, Sisth. Seventh, Eighth. Ninth, Tenth and Eleventh Progress Repots on Trip Ends Generation Research Counts. 1970 through July 1976. 503.9 Noise A. Except as provided in subsections E and F, the table set forth in subsection C establisbes the maximum permissible noise levels for any use in zoning districts LMU, MMU and WRCI. Measurements shall be taken at (1) the outside boundary of the immediate space occupied by the enterprise generating the noise if the enterprise is one of several located on a lot, or (2) the lot line if the enterprise generating the noise is the only enterprise located on the lot. B. A decibel is a measure of a unit of sound pressure. Since sound waves having the same decibel level "sound" louder or softer to the human ear depending upon the frequency of the sound wave in cycles per second (i.e., whether the pitch of the sound is high or low) an A —weighted filter constructed in accordance with the specifications of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level meter taking measurements required by this section. And accordingly, all measurements are expressed in dB(A) to reflect the use of this A --weighted filter. C. The standards established in the table in subsection D are equivalent of the amount of time in a twelve hour period that noise is above an acceptable level (55 dB(A). 75 dB(A) 70 level 65 60 55 50 45 GRAPH 503.9C 0 1 2 3 4 5 6 7 8 9101112 Time (hrs.) %�. Area �.WW W.4 In the example graph above, Area A is the weighted area within which dB(A)'s were below the accepted 55 dB(A) level during a twelve hour period. Area B is the weighted area within which dB(A)'s were above the accepted 55dB(A) level during a twelve hour period. Performance equivalents are calculated by adding Area A to Area B and dividing into Area B. A use meets the performance standard if its noise levels are such that during a twelve hour period: Area A Area A & Area B is less than or equal to .33 during the daytime hours and .06 during the nighttime hours If use being Then maximum Except that if. Then maximum noise level measured located noise level is: adjoining property measured at common in zone below: with common boun— boundary line cannot D* N** dary line is in zone D* N** LMU 60 50 LR or MR 50 45 MIM 65 50 LMU or AF 60 50 WRCI 70 55 MMU 65 50 WRCI 70 55 *7:00 a.m. to 7:00 p.m. **7:00 p.m. to 7:00 a.m. D. Impact noises are sounds that occur intermittently rather than continuous impact noises generated by sources that do not operate more than one minute in any one hour period are permissible up to a level of 10 dbA in excess of the figures listed in subsection (D), except that this higher level of permissible noise shall not apply from 7:00 p.m. to 7:00 a.m. when the adjacent lot is zoned residential. The impact noise shall be measured using the fast response of the sound level meter. See Appendix F. E. Noise resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section. 503.10 Vibration A. No use in zoning districts LMU or MMU may generate any ground transmitted vibration that is perceptible to the human sense of touch measured at (1) the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot, or (2) the lot line if the enterprise generating the vibration is the only enterprise located on a lot. B. No use in the WRCI district may generate any ground transmitted vibration in excess of the limits set forth in subsection F. Vibration shall be measured at any adjacent lot line or residential district line as indicated in the table set forth in subsection D. C. The instrument used to measure vibrations shall he a three component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions. D. The vibration maximums set forth in subsection (E) are stated in terms of particle velocity, which may he measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used: P.V. = 6.28F x D P.V. = Particle velocity, inches per sound F. = Vibration frequency,, cycles per second D = Single amplitude displacement of the vibration, inches The maximum velocity shall be the vector sum of the three components recorded. E. Table of Maximum Ground Transmitted Vibration Particle Velocity, Inches Per Sound Zoning District Adjacent Lot Line Residential District WRCI 0.10 0.02 F. The values stated in subsection may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second between pulses. G. Vibrations resulting from temporary construction activity, that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section. 503.11 Smoke Except for residential uses and uses associated with the sea food industry, no use in the MMU, or WRCI districts may emit from a vent, stack, chimney, or combustion process any smoke that is visible to the naked eye. 503.12 Odor A. For purposes of this section, the "odor threshold" is defined as the minimum concentration in air of a gas, capor, or particulate matter that can he detected by the olfactory systems of a panel of healthy observers. B. No use in the LMU, MMU, or WRCI district other than uses associated with seafood industry may generate any odor that reaches the odor threshold, measured at: 1. The outside boundary of the immediate space occupied by the enterprise generating the odor. 2. The lot line of the enterprise generating the odor is the only enterprise located on a lot. 503.13 Electrical Disturbance or Interference No use within the LMU, MMU, or WRCI districts may: A. Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance; or B. Otherwise cause, create, or contribute to the interference with electronic signals (including television, and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected. 503.14 Light and Glare See design criteria in Section 605.6. 504 Supplementary Use Regulations The following uses may be established subject to the approval of the Town Council upon finding that it satisfies the following criteria and the provisions of Section 300 and the preceding subsection of Section 500. 504.1 Marinas Marinas must provide installation of pump -out facility at the expansion of existing marinas or at new marinas. Pump -out facilities may be either fixed or mobile. Assurance of availability of pump -out and treatment (in receiver approved by the Pamlico County Health Department, NC. Division of Health Services or Division of Environmental Management, or other appropriate authority) is the responsibility of the developer. 504.2 Commercial Docks and Piers Future development of commercial docks and piers shall conform to 15 NCAC 7H. 504.3 through 504.10 Reserved SECTION 600 SITE AND BUILDING DSvSwpmT STANDARDS 601 Siting and Design 601.1 Lot Widths A. No lot may be created that is so narrow or otherwise so irregu— larly shaped that it would be impracticable to construct on it a building that: 1. Could be used for purposes that are permissible in that zoning district; and 2. Could satisfy any applicable setback requirements for that district. B. Without limiting the generality of the foregoing standard, the following minimum lot widths are recommended and are deemed presumptively to satisfy the standard set forth in subsection A. The lot width shall be measured along with a straight line connecting the points at which a line that demarcates the required setback from the street intersects with lot boundry lines at opposite sides of the lot. Zone Lot Width AF N/A LR 85' MR 75' LMU 751 MMU 60' WRCI N/A C. No lot created after the effective date of this chapter that is less than the recommended width shall be entitled to a variance from any building setback requirement. 601.2 Setbacks -A. Buildings and structures shall be designed and located to main- tain clear vision areas using the following performance standards: 1. At intersections there shall be a triangular area of clear vision formed by connecting a point on each street center line located either twenty-five (25), fifty (50), or one hundred (100) feet from the intersection and based upon the following road classification: Road Classification Distance on Street Centerline From Intersection Minor, local, subcollector 25' Collector 56, Arterial 1001 DIAGRAM Al ARTERIAL of..-100' . 100-'-low 50' COLLECTOR I 2. At access driveways, there shall be a triangle area of clear vision formed by connecting a point on the street center line located either twenty-five (25), fifty (50), or one hundred (100) feet on both sides of the intersection with a point thirty (30) feet from the road center line on both sides of the driveway. DIAGRAM A2 'goh 50'-50'---� COLLECTOR`-.... 20' DRIVEWAY' This triangle of clear vision shall also be maintained at both corners of the front yard, whereby a point is located on each street centerline, as above, from the intersection on the street centerline and then a line connecting to a point thirty (30) feet from the front property, line along the side (property ,lines). B. Buildings and structures shall he located to be compatible with the surrounding neighborhood using the following standards: 1. Within the LMU and MMU Districts: a. if there are buildings or structures on both adjoining lots on the same side of the street, then the front yard setback shall approximate the average of the setbacks on the lots plus fronting that street, but in no case less than thirty (30) feet. b. if there are buildings or structures on only one of the adjoining lots on the same side of the street, then the front yard setback shall approximate eighty (80) percent of the setback on the adjoining lot, but in no case less than thirty (30) feet. 2. Within the low intensity and medium intensity mixed use districts, where both adjoining lots are vacant, the minimum front yard setback shall be thirty (30) feet. 3. Setback requirements for other Underlying Districts are shown in Table 601.5. 601.3 Heights A. Notwithstanding the solar access requirements of subsection B, buildings and structures shall have heights compatible with the surrounding neighborhood. 1. Within the LMU and MMU Districts, the total height of a building or structure shall not be more than an additional fifteen (15) feet above the average height of adjacent buildings, and in no case greater than thirty-five (35) feet (or three stories, whichever is less). 2. Height requirements for other districts are presented in Table 601.5. B. Buildings and structures shall he designed and located to main- tain solar access to adjoining lots using the following standards: 1. The minimum lot width along the east/west axis (i.e., within 70 degrees) shall be eighty (80) feet. 2. Common party walls shall he allowed only on lots which front on streets with an east/west axis. a. Within the low intensity mixed use district (LMU), a maximum of one (1) consecutive party wall is permissible. b. Within the medium intensity mixed use district (MMU), a maximum of three (3) consecutive party walls are permitted. 3. Within the low intensity (LR and LMU) districts, buildings and structures shall not be located so as to cast a shadow into an adjoining rear or front yard which extends beyond twenty (20) feet. (Based upon a sun angle of 31 degrees 301, at noon on December 22 as shown in Chart B3). 4. Within the low intensity (LR and LMU) and medium intensity districts, buildings and structures shall not be located so as to cast a shadow into an adjoining side yard which extends beyond twenty-five (25) feet. (Based upon a sun angle of 31 degrees 301, at noon on December 22. See Chart B4). Distance A must be less than or equal to 20 feet for rear or front yard, and less than or equal to 25 feet for side yards. C. Buildings and structures should be designed and located to pro- tect scenic views or vistas from adjoining lots. 601.4 Siting and Orientation Proponents of development shall provide tangible evidence of the extent to which the following have been accomplished for the proposed development. A. To the maximum extent possible, streets and building lots shall be laid out so as to allow buildings to maximize solar access where practical, using such techniqus as: 1. Maximizing east —west street length so that principal build— ing facades will face south. 2. Laying out lots or building sites so that buildings can be oriented within twenty (2) degrees of true south and can maximize south facing dimension. 3. Placement of higher buildings on the north portion of the site, while protecting solar access for adjacent sites. 4. Placement of major yard spaces on south side of buildings. B. To the maximum extent possible, buildings and streets shall be designed and located so as to minimize disturbance to existing natural landforms, trees, shrubs and other natural vegeation, using such techniques as: 1. Reducing length of streets, area of pavement, length of utility runs, 2. Clustering buildings or building "envelopes," and integrat— ing structures with natural landforms and terrain to provide large usable outdoor recreation areas or open space areas. 3. Variable setbacks on building lots to maximize retention of vegetation and solar access. 4. Location of buildings or building "envelopes" to maximize windbreaks, and to avoid winter shading on south side. Optimum summer shading should be on west and southwest sides of buildings. C. To the maximum extent possible, building lots shall be laid out and structures oriented so as to maximize visual access to significant vistas, or recognize other site features. D. To the maximum extent possible, the laying out of lots and siting of commercial and industrial buildings shall satisfy the needs listed below which are characteristic of the development: 1. Need for coordinated development, including shared access, circulation, pedestrian areas, parking and loading facilities; 2. Need for exposure of retail commercial uses; 3. Need for maximum utilization of rail service opportunities; 4. Need to minimize conflicts between uses and between - vehicle and pedestrian circulation. 601.5 Table of Selected Dimensional Requirements The following Table presents a summary of the dimensional requirements for underlying districts, including those presented in Section 601.1-601.4. Consistent with the purpose of this ordinance, these dimensions are predicated upon the performance and anticipated impacts of uses wherever possible, especially in Sections 601.2A and 601.3(B). TABLE 601.5 SELECTED DIMENSIONAL REQUIREMENTS SECTION 601.1 601.2 MIN. SETBACKS 601.3 REQUIREMENT Lot Width A. From B. Front Yard C. Side D. Back A. Max. B. Solar Roads, etc. Min. Setback Yard* Yard* Height Access DISTRICT AF N/A See 601.2 N/A (N/A) (N/A) 8 See 601.3B LR 85' 30 (15) (25) 36 " MR 75' 30 (15) (20) 36 " LMU 75.1 nbad. ave. or (10) (25) nbh.ave. " 30' or 36' MMU 60' nbad. ave. or (10) (20) nbh.ave. " 30' or 36' WRCI N/A 40 (40) (25) 36' " All development sball conform to these standards, not withstanding the requirements of the Overlay Districts in Section 400. *Side Yards & Back Yards are determined by other requirements, such as buffering, screening, clear vision lines at intersection at roads, etc. The numbers in columns C & D of Table 601.5 are suggested minimums only. 602 Design Flexibility in Subdivisions 602.1 Cluster Subdivisions A. In any single—family residential subdivision in the zones indi— cated below, a developer may create lots that are smaller than those required by Section 503.2 and Table 503.6 if such developer complies with the provisions of this section and if the lots so created are not smaller than the minimums set forth in the following table: Zone Minimum Square Feet AF 20,000 LR 11,250 MR 7,500 B. The intent of this section is to authorize the developer to de— crease lot sizes and leave more land "saved" by so doing as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the density beyond what would be permissible if the land were subdivided into the size lots required by 503.2. C. Subject to subsection E, the provisions of this section may only be used if the usable open space set aside in a subdivision comprises at least 20,000 square feet of space that satisfies the definition of open space set forth in Section 503.5 and if such usable open space is otherwise in compliance with the provisions of 503.6 and 503.7. D. The amount of usable open space that must be set aside shall be determined by: 1. Subtracting from the standard square footage requirement set forth in Section 503.5 the amount of square footage of each lot that is smaller than that standard; 2. Adding together the results obtained in (1) for each lot. E. The setback requirements of Section 601.2 shall apply in cluster subdivisions. 602.2 Architecturally Integrated Subdivision A. An architecturally integrated subdivision is one in which property is subdivided and buildings constructed on the lots created in accordance with a unified and coherent plan of development. B. The purpose of this section is to provide maximum flexibility, consistent with the public health and safety and without increasing overall density to the developer. C. In any architecturally integrated subdivision, the developer may create lots and construct buildings without regard to any minimum lot size or setback restrictions except that: 1. Lot boundry setback requirements shall apply wbere and to the extent that the subdivided tract abuts land that is not part of the subdivision; and 2. Each lot must be of sufficient size and dimensions that it can support the structure proposed to be located on it, consistent witb all other applicable requirements of this ordinance. D. With respect to residential subdivisions, the amount of land "saved" by creating lots that are smaller than the standards set forth in Section 503.2 and Table 503.6 shall be set aside as usable open space in the same manner and according to the same restrictions provided in Section 602.1 for cluster subdivisions. E. Notwithstanding the other provisions of this section, if in an architecturally integrated subdivision (i) all the land other than that in common ownership is divided into lots that are no larger than the building located on them plus an additional 600 square feet of open space, and (ii) each dwelling unit has a common wall with at least one other dwelling unit, then sucb architecturally integrated subdiviion shall be regulated in Sections 500 and 600 of the ordinance as if such development were not subdivided. 603 Security and Crime Prevention A. Buildings and windows should be located to maximize potential for surveillance of entryways, pathways, bikeways, parking, recreation and laundry areas. Play areas should be placed for clear parental monitoring. B. Adequate lighting for entryways, pathways, bikeways, parking, recreation and laundry areas shall be provided. C. Parking and automobile circulation areas should be designed to permit easy police control. D. Distances between parking areas and building entrances should be minimized. E. Landscaping should not block surveillance opportunities. F. Addresses should be clearly marked, especially on apartment units. G. Mail boxes should not be located in dark alcoves. 604 Streets and Sidewalks 604.1 Street Classification A. In all new subdivisions, streets that are dedicated to public use shall be classified as provided in subsection B. 1. The classification shall be based upon the projected volume of traffic to be carried by the street, stated in terms of the number of trips per day; 2. The number of dwelling units to be served by the street may be used as a useful indicator of the number of trips but is not conclusive; 3. Whenever a subdivision street continues an existing street that formerly terminated outside the subdivision or it expected that a subdivision street will be continued beyond the subdivision at some future time, the classification of the street will be based upon the street in its entirety, both within and outside of the subdivision. B. Streets shall be classified as: minor/local, cul-de-sac, sub - collector, collector and arterial, as those terms are defined in Section 200 and consistent with Section 503.8. 604.2 Access to Public Streets A. Every lot shall have either direct or indirect access to a public street. A lot has direct access to a public street if a sufficient portion of a boundary of the lot abuts the public street rigbt-of-way so that an access way meeting the criteria set forth in subsection B can be established. A lot has indirect access if it connects to a public street by means of on or more private roads that are of sufficient size to meet the criteria set forth in subsection B. B. The access provided must be adequate to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use. C. Whenever a major subdivision that involves the creation of one or more new streets borders on or contains an existing or proposed arterial street, no direct driveway access may be provided from the lots within this . subdivision onto this street. 604.3 Entrances to Streets A. All driveway entrances and other openings onto streets within the town's planning jurisdiction shall be constructed so that: 1. Vehicles can enter and exit from the lot in question without posing any substantial danger to themselves, pedestrians, or vehicles travelling in abutting streets; and 2. Interference with the free and convenient flow of traffic in abutting or surrounding streets is minimized. B. As provided in G.S. 136-93, no person may construct any driveway entrance or other opening onto a state -maintained street except in accordance with a permit isued by the North Carolina Department of Transportation. Issuance of this permit is prima facie evidence of compliance with the standard set forth in subsection A. C. If driveway entrances and other openings onto town -maintained streets are constructed in accordance with the specifications set forth in Appendix B to this chapter, this shall be deemed prima facie evidence of compliance with the standad set forth in subsection A. D. For purposes of this section, the term "prima facie evidence" means that the permit -issuing authority may (but is not required to) conclude from this evidence alone that the proposed development complies with subsection A. 604.4 Coordination with Surrounding Streets A. The street system of a subdivision shall be coordinated with existing, proposed and anticipated streets outside the subdivision or outside the portion of a single tract that is being divided into lots (hereinafter, "surrounding streets") as provided in this section. B. Collector streets shall intersect with surrounding collector or arterial streets at safe and convenient locations. C. Subcollector, local, and minor residential streets shall connect with surrounding streets where necessary to permit the convenient movement of traffic between residential neighborhoods or to facilitate access to neighborhoods by emergency service vehicles or for other sufficient reasons, but connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through -traffic. D. Whenever connections to anticipated or proposed surrounding streets are required by this section, the street right-of-way shall be extended and the street developed to the property line of the subdivided property (or to the edge of the remaining undeveloped portion of a single tract) at the point where the connection to the anticipated or proposed street is expected. In addition, the permit issuing authority may require temporary turnarounds to be constructed at the end of such streets pending their extension when such turnarounds appear necessary to facilitate the flow of traffic or accommodate emergency vehicles. Notwithstanding the other provisions of this subsection, no temporary dead-end street in excess of 1,000 feet may be created unless no other practicable alternative is available. 604.5 Street Width, Sidewalk and Drainage Requirements in Subdivisions A. In order to properly carry motor vehicle traffic, provide pedestrian circulation, accommodate on -street parking and allow for proper drainage, all subdivision streets shall be constructed either according to the standards set forth in subsection B or C. However, notwithstanding the remaining provisions of this section, all public streets construdted outside the corporate limits of the town that are to be maintained by the North Carolina Department of Transportation shall be constructed to standards promulgated by that department. B. In lieu of curb and gutter streets that do not contain grades in excess of six percent and others which are outside the corporate limits may be constructed with shoulders and drainage sewers if such streets satisfy the following right-of-way and government width requirements: R-O-W Pavement Width Minor, local, subcollector 50' 18' Collector 60' 20' C. Arterial streets and all other streets not constructed in accor- dance with the standards of subsection B shall be constructed with curb and gutter and shall conform to the following requirement. Street width shall be measured from curb face to curb face where 90 degree curb is used and from the bottom of the "v" to the bottom of the "v" where valle-type curbing is used. TYPE STREET MINIMUM RIGHT-OF-WAY WIDTH MINIMUM PAVEMENT WIDTH Minor 50' 201 Local 50' 261 Subcollector 60' 26' Collector 60' 34' Neutral 70' 10 D. If sidewalks are provided they shall be at least four feet wide and constructed according to the specifications set forth in Appendix C, except that the permit -issuing authority may permit the installation of walkways constructed with other suitable materials when it concludes that: 1. Such walkways would serve the residents of the development as adequately as concrete sidewalks; and 2. Such walkways would be more environmentally desirable or more in keeping with the overall design of the development. 604.6 General Layout of Streets A. Subcollector, local, and minor residential streets shall he curved whenever practicable and designed to take advantage of natural drainage and topographic features to the extent necessary to avoid conformity of lot appearance. B. Cul-de-sacs and loop streets are encouraged so that through traffic on residential streets is minimized. Similarly, to the extent practicable, driveway access to collector streets shall be minimized to facilitate the free flow of traffic and avoid traffic hazards. C. All permanent dead-end streets (as opposed to temporary dead-end streets) shall be developed as cul-de-sacs in accordance with the standards set forth in subsection D. Except where no other practicable alternative is available, such streets may not extend more than 550 feet (measured to the center of the turn -around). D. The right-of-way of a cul-de-sac shall have a radius of fifty feet. The radius of the paved portion of the turn -around (measured to the edge of pavement) shall be thirty-five feet, and the pavement width shall he twelve feet without curb and gutter or eighteen feet with curb and gutter. The unpaved center of the turn -around area shall be landscaped. E. Half streets (i.e., streets of less than the full required right-of-way and pavement width) shall not be permitted except where such streets, when combined with a similar street (developed previously or simultaneously) on property adjacent to the subdivision, creates or comprises a street that meets the right-of-way and pavement requirements of this ordinance. F. Streets shall he laid out so that residential blocks do not exceed 1,000 feet, unless no other practicable alternative is available. 604.7 Relationship of Streets to Topography A. Street grades shall conform as closely as practicable to the original topography. B. As indicated in Section 606.3, the maximum grade at any point on a street constructed without curb and gutter shall be 60%. On streets constructed with curb and gutter the grade shall not exceed 68% unless no other practicable alternative is available. However, in no case may streets he constructed with grades that, in the professional opinion of the administrator, create a substantial danger to the public safety. 604.8 Street Intersections A. Streets shall intersect as nearly as possible at right angles, and no two streets may intersect at less than 60 degrees. Not more than two streets shall intersect at any one point, unless the permit issuing authority first indicates in writing that such an intersection can be constructed with no extraordinary danger to public safety. B. Whenever possible, proposed intersections along one side of a street shall coincide with existing or proposed intersections on the opposite side of such street. In any event, where a center line offset (jog) occurs at an intersection, the distance between centerlines of the intersecting streets shall be no less than 150 feet. C. No two streets may intersect with any other street on the same side at a distance of less than 400 feet measured from centerline to centerline of the intersecting street. When the intersected street is an arterial, the distance between intersecting streets shall be at least 1,000 feet. 604.9 Construction Standards and Specifications Construction and design standards and specifications for streets, sidewalks, and curbs and gutters are contained in Appendix C, and all such facilities shall he completed in accordance with these standards. 604.10 Private Roads in Subdivisions and Access to Subdivisions by Private Roads A.• If a tract proposed for subdivision borders a public street, then a subdivision of that tract in which a private road is established to' satisfy the access requirements of Section 501 may he approved unless the effect of such subdivision would he that, since the effective date of this ordinance, more than three lots served only by one or more private roads have been created out of that same tract. B. If a tract proposed for subdivision has access to a public street only via one or more private road, then: 1. Subject to subsection 2, a subdivision of that tract may he approved unless such subdivision would create more than three lots that have access to a public street only via one or more private roads. 2. If all the lots created in such subdivision will border a street constructed to the public street standards established by ordinance, then such subdivision may he approved (regardless of the number of lots created) if the private road that provides access from the existing public street to the tract to he subdivided is constructed (or improved) to the standards set forth in this ordinance for public streets. C. Except as provided in this section, all subdivision streets shall be constructed in accordance with the public street standards set forth in Section 605.5 and an offer of dedication to the public shall be made. Unless the recorded plat of a subdivision clearly shows a street to be private, the recording of such plat shall constitute an offer of dedication of such streets. D. No final plat that shows lots served by private roads may be re— corded unless the final plat contains the following notation: "Furtber subdivision of any lot shown on this plat as served.by a private road may be prohibited by the Oriental Land Use Ordinance." E. The recorded plat of any subdivision that includes a private road shall clearly state that such road is a private road. Further, the initial purchaser of a newly created lot served by a private road shall be furnished by the seller with a disclosure statement outlining the maintenance responsibilities for the road, in accordance with the requirements set forth in G.S. 136-102.6. The intention of this subsection is to afford the same protection to purchasers of lots on private roads within the town as is provided to purchasers of lots outside the town by G.S. 136-102.6. 604.11 Road and Sidewalk Requirements in Unsubdivided Developments A. Within unsubdivided developments, all private roads and access ways shall be designed and constructed to facilitate the safe and convenient movement of motor vehicle and pedestrian traffic. Width of roads, use of curb and gutter, and paving specifications shall be determined by the provisions of this ordinance dealing with parking (Section 609) and drainage. To the extent no otherwise covered in the foregoing provisions, and to the extent that the requirements set forth in Section 604.5 for subdivision streets may be relevant to the roads in unsubdivided developments, the requirements of Section 604.5 may be applied to satisfy the standard set forth in the first sentence of this subsection. B. Whenever a road in an unsubdivided development connects two or more subcollector, collector, or arterial streets in such a manner that any substantial volume of through traffic is likely to make use of this road, such road shall be constructed in accordance with the standards applicable to subdivision streets and shall be dedicated. In other cases when roads in unsubdivided developments within the town are constructed in accordance with the specifications for subdivision streets, the town may accept an offer of dedication of such streets. C. In all unsubdivided multi —family residential development, side— walks shall be provided linking dwelling units with other dwelling units, the public street, and on —site activity centers such as parking areas, laundry facilities, and recreational areas and facilities. Notwithstanding the foregoing, sidewalks shall not be required where pedestrians have access to a road that serves not more than nine dwelling units. D. The sidewalks required by this section shall be at least four feet wide and constructed according to the specifications set forth in Appendix C, except that the permit issuing authority may permit the installation of walkways constructed with other suitable materials when it concludes that: 1. Such walkways would serve the residents of the.development as adequately as concrete sidewalks; and 2. Such walkways could be more environmentally desirable or more in keeping with the overall design of the development. 604.12 Attention to Handicapped in Street and Sidewalk Construction A. As provided in G.S. 136-44.13, whenever curb and gutter con struction is used on public streets, wheelchair ramps for the handicapped shall be provided at intersections and other major points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with published standards of the N.C. Department of Transportation, Division of Highways. B. In unsubdivided developments, sidewalk construction for the handicapped shall conform to the requirements of Section (11X) of the North Carolina State Building Code. 604.13 Street Names and House Numbers A. Street names shall be assigned by the developer subject to the approval of the permit issuing authority. Proposed streets that are obviously in alignment with existing streets shall be given the same name. Newly created streets shall be given names that neither duplicate nor are phonetically similar to existing streets within the town's planning jurisdiction, regardless of the use of different suffixes (such as those set forth in subsection B). B. Street names shall include a suffix such as the following: 1. Circle: A short street that returns to itself. 2. Court or Place: A cul-de-sac or dead-end street. 3. Loop: A street that begins at the intersection with one street and circles back to end at another intersection with the same street. 4. Street: All public streets not designated by another suffix. C. Building numbers shall be assigned by the town. 604.14 Bridges All bridges in subdivided and unsubdivided developments shall be constructed in accordance with the standards and specifications of the North Carolina Department of Transportation, except that bridges on roads not intended for public dedication in unsubdivided developments may be approved if designed by a licensed architect or engineer. 604.15 Waterways (See Surface Water Overlay District, Section 403). 605 UtiUty Lines and Facilities 605.1 General Provisions A. The location, design, installation and maintenace of all utility lines and facilities shall be carried out with minimum feasible disturbances of soil and site. B. All utility facilities shall be constructed in such a manner as to minimize interference with pedestrian or vehicular traffic and to facilitate maintenance without undue damage to improvements or facilities located within the development. C. All electric power lines, (not to include transformers or en- closures containing electrical equipment including, but not limited to, switches, meters or capacitors which may be pad mounted), telephone, gas distribution and cable television lines in subdivisions developed after the effective date of this ordinance shall be placed underground in accordance with the specifications and policies of the respective utility companies. D. In any case in which a developer installs utility lines and facilities and intends that such facilities shall be owned, operated or maintained by a public utility or any entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities. E. Whenever it can reasonably be anticipated that utility facili- ties constructed in one development will be extended to serve other adjacent or nearby developments, such utility facilities (e.g., water or sewer lines) shall be located and constructed so that extensions can be made conveniently and without undue burden or expense or unnecessary duplication of service. F. Whenever a developer installs or causes to be installed any utility line in any public right of way, the developer shall, as soon as practicable after installation is complete, furnish the town with a copy of a drawing that shows the exact location of such utility lines. Such drawings must be verified as accurate by the utility company. Compliance with this requirement shall be a condition of the continued validity of the permit authorizing such development. G. If any utility line in any right of way is installed by a utility company, the company shall maintain accurate as -built drawings and shall make these available to the Town upon request. Use Parking Requirements (See Section 501) 7.100 Two spaces per bed or one space per 150 square feet of gross floor area. 7.200 3 spaces for every 5 beds. 7.300 1 space for every two employees or maximum shift. 7.400 8.100 1 space per 100 square feet of gross floor area. 8.200 Same as 8.100 plus 1 space for every four outside 8.300 seats. 8.400 Same as 8.200 plus reservoir lane capacity equal to five spaces per drive-in window. 9.100 1 space per 200 square feet of gross floor area. 9.200 9.300 1 space per 200 square feet of gross floor area of build- ing devoted primarily to motor vehicle repair operation, plus sufficient parking area to accommodate 2 vehicles per pump without interfering with other parking spaces. 9.400 1 space per 200 square feet of gross floor area. 9.500 1 space per 200 square feet of gross floor area of build- ing devoted primarily to gas sales operation, plus suffi- cient parking area to accommodate 2 vehicles per pump without interfering with other parking spaces. 9.600 Conveyor type--1 space for every three employees on the maximum shift plus reservoir capacity equal to five times the capacity of the washing operation. Self-service type-2 spaces for drying and cleaning purposes per stall pluss two reservoir spaces in front of each stall. 10.210 1 space for every two employees on the maximum shift but 10.220 not less than 1 space per 5,000 square feet of area de- voted to storage (whether inside or outside). 11.000 1 space per 200 square feet of gross floor area. 12.100 1 space per 200 square feet of gross floor area. 12.200 13.100 1 space per 200 square feet of gross floor area. 13.200 13.300 13.400 Use Parking Requirements (See Section 501) 4.100 1 space for every two employees on the maximum shift or 4.200 1 space per 200 square feet of gross floor area, whichever -is less. 5.110 1.75 spaces per classroom in elementary and junior high schools. For high schools, one space for each student for which the building is designed plus one (1) parking space for each classroom and administrative office. 5.120 1 space per 100 square feet of gross floor area. 5.130 1 space per 150 square feet of gross floor area. 5.200 1 space for every four seats in the portion of the church building to be used for services plus spaces for any residential use as determined in accordance with the parking requirements set forth above for residential uses, plus 1 space for every 200 square feet of gross floor area designed to he used neither for services nor residential purposes. 5.310 1 space per 300 square feet of gross floor area. 5.320 5.400 1 space per 300 square feet of gross floor area. 6.110 1 space for every 3 persons that the facilities are designed to accommodate when fully utilized (if they can be measured in such a fashion —example tennis courts or bowling alleys) plus 1 space per 200 square feet of gross floor area used in a manner not susceptible to such cal— culation. 6.120 1 space for every four seats. 6.210 1 space per 200 square feet of area within enclosed 6.220 buildings, plus 1 space for every 3 persons that the outdoor facilities are designed to accommodate when used to the maximum capacity. 6.230 Miniature golf course-1 space per 300 square feet of golf course area plus 1 space per 200 square feet of building gross floor area; Driving range-1 space per tee plus 1 space per 200 square feet in building gross floor area; Par Three Course-2 spaces per golf hole plus 1 space per 200 square feet of building gross floor area. 6.240 1 space per horse that could he kept at the stable when occupied to maximum capacity. G. Table of Parking Requirements. Use Parking Requirement (See Section 501) 1.100 2 spaces plus one space per room rented out (see Accessory Uses, Section 502.4. 1.200 2 spaces for each dwelling unit, except that one bedroom units require only one space. 1.300 1-1/2 spaces for each one bedroom unit, 2 spaces for each two bedroom unit, 2-1/2 spaces for each unit with three or more bedrooms, plus 1 additional space for every four units in the development. Multi —family units developed or sponsored by a public or nonprofit agency for limited income families or the elderly require only 1 space per unit. 1.610 3 spaces for every five beds except for uses exclusively 1.620 serving children under 16, in which case 1 space for every 1.630 3 beds shall be required. 1.410 1 space for each bedroom. 1.420 1.430 1 space for each room to he rented. 1.510 1 space per room plus additional space for restaurant or other facilities. 2.100 1 space per 200 square feet of gross floor area. 2.120 1 space per 400 square feet of gross floor area. 2.130 2.210 1 space per 200 square feet of gross floor area. 2.220 1 space per 400 square feet of gross floor area. 2.230 3.110 1 space per 200 square feet of gross floor area. 3.120 1 space per 400 square feet of gross floor area. 3.130 1 space per 150 square feet of gross floor area. 3.210 1 space per 200 square feet of gross floor area. 3.220 1 space per 400 square feet of gross -floor area. 3.230 1 space per 200 square feet of area within main building plus reservoir lane capacity equal to five spaces per win— dow (10 spaces if window serves two stations). 609 Parking 609.1 Number of Parking Spaces Required A. While consistent with the ISR (Impervious Surface Ratio) Standards in Section 503.4, all developments shall provide a sufficient number of parking spaces to accommodate the number of vehicles that ordinarily are likely to be attracted to the development in question. B. The presumptions established by this article are that: (1) a development must comply with the parking standards set forth in subsection (g) to satisfy the requirements stated in subsection (a), and (2) any development that does meet these standards is in compliance. However, the Table of Parking Standards is only intended to establish a presumption and should be flexibly administered, as provided in Section 609.2. C. Uses in the Table of Parking Requirements (subsection (G)), are indicated by a numerical reference keyed to the Table of Permissible Uses, Section 501. When determination of the number of -parking spaces required by this table results in a requirement of a fractional space, any fraction of one—half or less may be disregarded, while a fraction in excess of one—half shall be counted as one parking space. D. With respect to any parking lot that is required to be paved (see Section 609.6), the number of parking spaces required by this article may be reduced by one if the developer provides a bikerack or similar device that offers a secure parking area for at least five bicycles. E. Whenever a building is constructed with the intention that it be used in whole or in part for use classification 2.120, 2.220, 3.120, or 3.220, the building shall be constructed on the lot in such a manner that sufficient usable space remain on the lot to add the additional parking spaces that would be required to convert the use of the building entirely to use classifications 2.110, 2.210, 3.110, or 3.210. In addition, whenever a developer proposes to construct a building to be used for purposes that require a lesser number of parking spaces than other uses to which the building might well be put at some future date, the administrator shall send to the developer a certified letter explaining that sufficient space should be left on the lot to add parking spaces at a later time if required. F. The Board recognizes that the table of parking requirements set forth in subsection (d) cannot and does not cover every possible situation that may arise. Therefore, in cases not specifically covered, the permit issuing authority is authorized to determine the parking requirements using this table as a guide. 608.12 Miscellaneous Requirements A. As provided in Section 501 (Table of Permissible Uses), no off —premises signs may be located in any district except the WRCI district. B. No sign may be located so that it substantially interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exist from public streets or private roads. ' C. Signs that revolve or are animated or that utilize movement or apparent movement to attract the attention of the public are prohibited. Without limiting the foregoing, banners, streamers, animated display boards, penants, and propellers are prohibited, but signs that only move occasionally because of wind are not prohibited if their movement (1) is not a primary design feature of the sign, and (2) is not intended to attract attention to the sign. D. No sign may be erected so that by its location, color, size, size, shape, nature or message it would tend to obstruct the view of or be confused with official traffic signs or other signs erected by governmental agencies. E. Freestanding signs shall be securely fastened to the ground or to some other substantial supportive structure so that there is virtually no danger that either the sign or the supportive structure may be moved by the wind or other forces of nature and cause injury to persons or property. 608.10 Location and Height Requirements A. Freestanding signs shall observe the setback requirements set forth in Section 601.2. B. No sign may extend above any parapet or be placed upon any roof surface, except that for purposes of this section, roof surfaces constructed at an an a of 75 degrees or more from horizontal shall be regarded as wall space. Thissubsection shall not apply to displays, including lighting, erected in connection with the observation of holidays on the roofs of residential structures. C. No sign attached to a building may project more than twelve inches from the building wall. D. No sign or supporting structure may be located in or over the travelled portion of any public right-of-way unless the sign is attached to a structural element of a building and an encroachment permit has been obtained from the town (and from the State, if necessary). E. No part of a freestanding sign may exceed a height of fifteen feet, measured from ground level. 608.11 Sign Illumination and Signs Containing Lights A. Unless otherwise prohibited by this chapter, signs may be illuminated if such illumination is in accordance with this section. B. No sign within 150 feet of a residential zone may be illumi- nated between the hours of 12 midnight and 6:00 a.m., unless the impact of such lighting beyond the boundaries of the lot where it is located is entirely inconsequential. C. Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into a public right-of-way or residential premises. D. Internally illuminated freestanding signs may not be illuminated during hours that the business or enterprise advertised bysuch sign is not open for business or in operation. Notwithstanding any other provision of this ordinance, existing situations that violate the provisions of this subsection shall be not regarded as lawful, nonconforming situations. E. Subject to subsection (G), illuminated tubings or strings of lights that outline property lines, sales areas, roof lines, doors, windows, or similar areas are prohibited. F. Subject to subsection (G), no sign may contain or be illuminated by flashing or intermittent lights or lights of changing degrees of intensity, except signs indicating the time, date or weather conditions. G. Subsections (E) and (F) do not apply to temporary signs erected in connection with observance of holidays. 608.7 Freestanding Sign Surface Area A. For purposes of this section, a side of a freestanding sign is any plane or flat surface included in the calculation of the total sign surface area as provided in Section 608.5. For example, wall signs typically have two sides (back to back), although four-sided and other multi -sided signs are also common. B. A single side of a freestanding sign may not exceed 0.3 square feet in surface area for every linear foot of street frontage along the street toward which such sign is primarily oriented. However, in no case may a single side of a freestanding sign exceed 50 square feet in surface area if the lot on which that sign is located has less than 200 feet of frontage on the street toward which that sign is primarily oriented, 75 square feet on lots with 200 or more but less than 400 feet of frontage, and 100 square feet on lots with 400 or more feet of frontage. C. With respect to freestanding signs that have no discernible "sides," such as spheres or other shapes not composed of flat planes, no such freestanding sign may exceed 0.3 square feet in total surface area for every linear foot of street frontage along the street toward which such sign is primarily oriented. However, in no case may such sign exceed 100 square feet in surface area. 608.8 Number of Freestanding Signs A. Except as authorized by this section, no development may have more than one freestanding sign. B. If a development is located on a corner lot that has at least 400 feet of frontage on each of the two intersecting public streets, then the development may have not more than one freestanding sign along each side of the development bordered by such streets. C. If a development is located on a lot that is bordered by two public streets that do not intersect at the lot's boundaries (double front lot), then the development may have not more than one freestanding sign on each side of the development bordered by such streets. 608.9 Subdivision and Multi -Family Development Entrance Signs. At any entrance to a subdivision or multi -family development, there may be not more than two signs identifying such subdivision or development. A single side of any such sign may not exceed sixteen square feet, nor may the total surface area of all such signs exceed thirty-two square feet. 608.6 Total Sign Surface Area. A. Unless otherwise provided in this article, the total surface area devoted to all signs on any lot shall not exceed the•limitations set forth in this section, and all signs except temporary signs shall be included in this calculation. B. The maximum sign surface area permitted on any lot in an LR, or MR district is four square feet. C. Subject to the otber provisons of this section, the maximum sign surface area permitted on any lot in a LMU, MMU, or WRCI district shall be determined as follows: I. There may be not more than .5 square feet of sign surface area per linear foot of street frontage up to 200 feet of frontage. 2. There may be up to .75 square feet of additional sign surface area per linear foot of lot frontage in excess of 200 feet. D. If a lot has frontage on more than one street, then the total sign surface area permitted on that lot shall be the sum of the sign surface area allotments related to each street (as determined in accordance with subsection (c)) on which the lot has frontage. However, the total sign surface area that is oriented toward a particular street may not exceed the portion of the lot's total sign surface area allocation that is derived from frontage on that street. E. The sign surface area of any sign located on a wall of a structure may not exceed 50% of the total surface area of the wall on which the sign is located. 6. Signs indicating that a special event such as a fair, carni- val, circus, festival or similar happening is to take place on the lot where the sign is located. Such signs may be erected not sooner than two weeks before the event and must be removed not later than three days after the event. 7. Temporary signs not covered in the foregoing categdries, so long as such signs meet the following restrictions: a. Not more than one such sign may be located on any lot. b. No such sign may exceed four square feet in surface area. c. Such sign may not be displayed for longer than three con- secutive days nor more than ten days out of any 365-day period. B. Other temporary signs not listed in regarded and treated in all respects as permanent provided in Section 608.5) temporary signs shall the total amount of permitted sign area. 608.4 Determining the Number of Signs. subsection (a) shall be signs, except that (as not be included in calculating A. For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, each element shall be considered a single sign. B. Without limiting the generality of subsection (a), a multi - sided sign shall be regarded as one sign. 608.5 Computation of Sign Area. A. The surface area of a sign shall be computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to .the display itself. B. If the sign consists of more than one section of module, all of the area, including that between sections or 'modules, shall be included in the computation of the sign area. C. With respect to three dimensional or multi -sided signs, the surface area shall be computed by including the total of all sides designed either to attract attention or communicate information. D. The sign surface area of any sign located on the wall of a structure where the closest element of the sign is at least 60 feet from the street center line shall be computed by multiplying the true sign surface area (Section 608.5 (a)) by 0.5. F. Signs directing and guiding traffic on private property that do not exceed four square feet each and that bear no advertising matter. G. Church bulletin boards, church identification signs, and church directional signs that do not exceed one per abutting stret and sixteen square feet in area and that are not internally illuminated. H. Signs painted on or otherwise permanently attached to currently licensed motor vehicles that are not primarily used as signs. 608.3 Certain Tem Signs: Permit Exemptions and Additin„si ve tions A. The following temporary signs are permitted without a zoning, special use, conditional use, or sign permit. However, such signs shall conform to the requirements set forth below as well as all other applicable requirements of this chapter except those contained in Sections 608.6 (Total Sign Surface Area) and 608.8 (Number of Freestanding Signs). 1. Signs containing the message that the real estate on which the sign is located (including buildings) is for sale, lease, or rent, together with information identifying the owner or agent. Such signs may not exceed four squart feet in area and shall be removed immediately after sale, lease, or rental. For lots of less than five acres, a single sign on each street frontage may be erected. For lots of five acres or more in area and having a street frontage in excess of four hundred feet, a second sign not exceeding four square feet in area may be erected. 2. Construction site identification signs. Such signs may may identify the project, the owner or developer, architect, engineer, contractor and subcontractors, funding sources, and may contain related information. Not more than one such sign may be erected per site, and it may not exceed thirty—two square feet in area. Such signs shall not be erected prior to the issuance of a building permit and shall be removed within ten days after the issuance of the final occupancy permit. 3. Signs attached temporarily to the interior of a building window or glass door. Such signs, individually or collectively, may not cover more than 75% of the surface area of the transparent portion of the window or door to which they are attached. Such signs shall be removed within thirty days after placement. 4. Displays, including lighting, erected in connection with the observance of holidays. Such signs shall be removed within ten days following the holidays. 5. Signs erected in connection with elections or political campaigns. Such signs shall be removed within three days following the election or conclusion of the campaign. No such sign may exceed sixteen square feet in surface area. 608 Signs 608.1 Permit Required for Signs A. Except as otberwise provided in Sections 609.2 (Signs -Excluded From Regulation) and 609.3 (Certain Temporary Signs: Permit Exceptions and Additional Regulations) no sign may be erected, moved, enlarged, or substantially altered except in accordance with and pursuant to: 1. A zoning permit, conditional use permit, or special use permit if the sign is erected, moved, enlarged, or altered as part of development activity that requires such a permit; or 2. A sign permit if the development activity does not involve a change in use and therefore none of the permits specified in subdivision 1 is required. B. The permits listed in subsection A may be issued only if the plans submitted demonstrate that the signs, if constructed in accordance with those plans, will conform to all of the requirements of this chapter. 608.2 Signs Excluded From Regulation The following signs are exempt from regulation under this chapter except for those stated in Subsections 608.12 B through E. A. Signs not exceeding four square feet in area that are customarily associated with residential use and that are not of a commercial nature, such as signs giving property identification names or numbers or names of occupants, signs on mailboxes or paper tubes, and signs posted on private property relating to private parking or warning the public against trespassing or danger from animals. B. Signs erected by or on behalf of or pursuant to the authori— zation of a governmental body, including legal notices, identification and informational signs, and traffic, directional or regulatory signs. utilities. C. Official signs of a noncommercial nature erected by public D. Flags, pennants, or insignia of any governmental or nonprofit organization when not displayed in connection with a commercial promotion or as an advertising device. E. Integral decorative or architectural features of buildings or works or art, so long as such features or works do not contain letters, trademarks, moving parts, or lights. 3. Wall plus planting. Width not to be less than five (5) feet. a. A masonry wall or fence not less than five (5) feet in height. b. An evergreen hedge, vines, trees or shrubs. c. Lawn, low —growing evergreen shrubs and evergreen ground cover covering the balance of the area. 4. Other methods which produce an adequate buffer considering the nature of the impacts to be mitigated, as approved by the permit issuing authority. (See Appendix E). 607.5 Planting and Maintenance Planting and maintenance of landscaped plant material shall be according to the following: A. No sight —obscuring plantings exceeding thirty (30) inches in height shall be located within the roadway and driveway setback areas. B. Plant materials shall not cause a hazard. Landscape plant ma— terials over walks, pedestrian paths and seating areas shall be pruned to a minimum height of eight (8) feet and to a minimum height of fifteen (15) feet over streets and vehicular trafic areas. C. Landscape plant material shall be selected which do not generally interfere with utilities above or below ground at maturity. D. Deciduous tres should be fully branched, have a minimum caliper of one and one —quarter (1-1/4) inches, and a minimum height of eight (8) feet at the time of planting. E. Evergreen trees shall be a minimum of six (6) feet in height, fully branched. F. Shrubs should be supplied in one (1) gallon containers or eight (8) inch burlap balls with a minimum spread of twelve (12) to fifteen (15) incbes. G. All developments are required to provide appropriate methods of irrigation and general care and maintenance of landscape plant material. 607.6 Erosion Control Graded areas sball be revegetated to insure erosion control. Where necessary, netting shall be provided on sloped areas while ground cover is being established. 607.4 Screening and Buffering A. Screening shall be used to eliminate or reduce the visual impacts of the following: 1. Service areas and facilities, including garbage.and waste disposal containers, recycling bins and loading areas. 2. Storage areas. 3. Parking lots as specified above. 4. On- and above -grade electrical and mechanical equipment, such as transformers, heat pumps and air conditioners. 5. Any other area or use as required by this Ordinance. B. Screening may be accomplished by the use of sight -obscuring plant materials (generally evergreens), earth berms, walls, fences, building parapets, proper siting of disruptive elements, building placements or other design techniques. C. Buffering shall be used to mitigate adverse visual impacts, dust, noise or pollution, and to provide for compatability between dissimilar adjoining uses. Buffering and screening be required between residential uses and commercial or industrial uses, and in visually sensitive areas. D. Acceptable types of buffers include: 1. Plantings: Width not less than fifteen (15) feet. a. At least one row of deciduous and evergreen trees stag- gered and spaced not more than fifteen (15) feet apart. b. At least one row of evergreen shurbs, spaced not more than five (5) feet apart, which will grow to form a continuous hedge at least five (5) feet in bight within one (1) year of planting. c. Lawn, low -growing evergreen shrubs and evergreen ground cover covering the balance of the area. 2. Berm plus planting: Width not less than ten (10) feet. a. Berm form should not slope more than forty (40) percent (1:2.5) on the side away from the area screened from view. The slope for the other side (screened area) may vary. b. A dense evergreen hedge. 607.3 Parking and Loading Area Landscaping Surface parking and loading areas shall be landscaped with a mixture and grouping of .deciduous and evergreen plant material according to the following: A. For multi —family parking areas with twent and commercial and industrial areas with thirtyY (20) p aces t spaces, (30) or following standards apply: more spaces the 1. Ten (10) square feet of landscaping per parking space, ex— cluding perimeter spaces. 2• Landscaped areas shall be distributed to provide maximum shading and should divide parking into bays. 3. The minimum number of trees required shall be one tree per per one hundred (100) square feet of landscaped area. feet. 4• Landscaped islands shall be a minimum of fifty (50) square 5. Evergreen ground cover and shrubs shall be no more than thirty (30) inches in height at the end of planting areas, to insure adequate traffic visibility. B• The perimeter of parking areas adjacent to abutting pro ertie shall be landscaped according to the following: p s perimeter. 1• A minimum strip width of five (5) feet adjacent to the 2• The minimum number of trees required is one (1) tree per forty—five (45) feet of perimeter length. residential di3. Wherect or theabuboundary rts and exof a parking lot adjoins or is within a lots shall be screened as per Section 609.5. tial structure, such parking C• The perimeter of parking areas adjacent to streets shall be landscaped according to the following: I. A minimum strip width of ten (10) feet adjacent to street. here ll and around DtheTparkingalotbtoashadesufficient of number type of shade trees in parking rking area. 607 Landscaping 607.1 General Pruvisions The proposed developer shall present tangible evidence of the extent to which the following will be advised. A. For purposes of satisfying the minimum requirements of this Ordinance, a "landscaped area" must be planted in lawn, ground -cover plants, shrubs or trees, or desirable native vegetation. B. Landscaping shall be designed, developed and maintained to satisfy the specific functional and aesthetic objectives appropriate to the development and the district, considering the following: 1. Type, variety, scale and number of plants used; 2. Placement and spacing of plants; 3. Size and location of landscaped areas; 4. Contouring, shaping and preparation of landscaped areas; 5. Use and placement of nonplant elements within the landscaping; C. The landscape design shall incorporate existing significant trees and vegetation preserved on the site. 607.2 Energy Conservation A. Berms and plant materials shall be used where practical, to help conserve energy. Suggested alternatives include: 1. Locate and form berms to protect buildings and exterior use spaces against winter winds. 2. Utilize dense evergreens or conifers to screen winter wind and protect against hostile winter elements. winter sun. 3. Utilize deciduous trees to provide summer shade and allow 4. Utilize deciduous vines on fences, trellises and arbors to provide summer shade. B. Landscaping material should not block solar access to buildings. Street -side landscaping within the right-of-way (minimum strip width of ten (10) shall be required, with tree plantings required every forty-five (45) feet along areial streets. 606 Storm Drainage Facilities 606.1 General Provisions A. To the extent practicable, developments with impervious surface on 30% of their site or on 10,000 square feet shall: I. Be designed to accommodate the runoff generated by a fifteen (15) year design storm. Plans must address maintenance of the drainage system. The plan shall be subject to review by Technical Staff. All drainageways areas, and other aspects of the drainage system shall be shown on the plat along with provisions for ownership and maintenance. 2. Provide means for the first two inches of runoff to be directed into grassy swales, depressions, Dutch —drains or other short term retention areas with the capacity of holding the equivalent of two (2) inches of water covering the entire impervious surface of the development. 3. Provide a drainage system that is adequate to prevent the undue retention of surface water on the development site. Surface water shall not he regarded as unduly retained if: a. The retention results from a technique, practice or device deliberately installed as part of an approved sedimentation or storm water runoff control plan; or b. The retention is not substantially different in location or degree than that experienced by the development site in its pre —development stage, unless such retention presents a danger to health or safety. 4. Avoid placement of surface detention or retention facilities in road right—of—way. 5. Use drainage swales rather than curb and gutter and storm sewers in subdivisions as provided in Section 604.5. Private roads and access ways within unsubdivided developments shall utilize curb and gutter and storm drains to provide adequate drainage if the grade of such roads or access ways is too steep to provide drainage in another manner or if other sufficient reasons exist to require such construction. 6. Use construction specifications for drainage swales, curbs and gutters, and storm drains are contained in Appendix C. 606.2 RESERVED B. To comply with subsection A above, the developer shall coordinate with the electric utility company to see that all facilities necessary for eventual installation of street lights are put in place. However, the Town shall be responsible for requesting the electric utility company to install such street lights at the time the Town accepts the streets for maintenance. The developer shall be entirely responsible for the placement of necessary lighting in common areas not dedicated to public use. C. All entrances and exists in substantial buildings used for non- residential purposes and in multi -family residential dwellings containing more than four dwelling units shall be adquately lighted to ensure the safety of persons and the security of the building. D. Lighting within any lot that unnecessarily illuminates any other lot and substantially interferes with the use or enjoyment of such other lot is prohibited. 605.7 Neighborhood Utility Facilities A. Neighborhood utility facilities located within a public right -of way with the permission of the owner of the right-of-way (state or town) do not require a zoning or conditional use permit. B. Neighborhood utility facilities may be located on any size lot without regard to the minimum lot size requirements. However, if a substandard size lot is created after the effective date of this chapter to accommodate neighborhood utility facilities, then such a lot shall not thereafter be regarded as a legitimate nonconforming lot. The plat creating such a substandard lot shall bear a notation indicating that use of the substandard lot is restricted to utility purposes by this subsection. C. Neighborhood public facilities shall be permissible in any dis- trict only if such facilities: 1. Do not exceed six (6) feet in height; and 2. Do not generate any noise, smoke, odor, vibration, electrical intereference, or other disturbance that is perceptible beyond the boundaries of the lot where such facilities are located or that adversely affects the use of adjoining or neighboring properties. 605.2 Water Service A. All development which has a need for water service shall install water facilities and grant necessary easements pursuant to the requirements of the district serving the development. B. Whenever it is legally possible and practicable to connect a lot with a water line owned by the Town of Oriental by running a connecting line not more than two hundred (200) feet from the lot to the Oriental line, then such connection shall be made. C. Connection to the Oriental line is not legally possible if, in order to make the connection, it is necessary to run the connecting line over property not owned by the owner of the property to be served by the connection, and after diligent effort, the easement necessary to run the connecting line cannot reasonably be obtained. 605.3 Sewer Service A. All development which has a need for public/private sanitary sewers shall install the facilities pursuant to the requirements of the district or company serving the development. Installation of such facilities shall be coordinated with the extension of necessary water services. B. All development proposing subsurface sewage disposal shall re- ceive approval for the system from the Department of Pamlico Health Services. C. Upon completion of the Town of Oriental sewage treatment system, connection to the system shall be required as specified by the Town Board. 605.4 Solid Waste (RESERVED) 605.5 Electricity, Gas and Communications Service All development which has a need for electricity, gas and communications - services shall install them pursuant_to the requirements of the district or company serving the development. Except where otherwise prohibited by the utility district or company, all such facilities shall be underground. 605.6 Lighting Requirements A. All developments shall install street lights for all streets, sidewalks and other common areas or facilities and shall be sufficiently illuminated to ensure the security of property and the safety of persons using such streets, sidewalks and other common areas or facilities. Use Parking Requirements (See Section 501) 14.100 1 space for every two employees on maximum shift. 14.200 14.300 14.400 15.100 1 space per 200 square feet of gross floor area. 15.200 15.300 1 space for every two employees on maximum shift. 15.400 1 space per 100 square feet of gross floor area. 16.000 1 space per 200 square feet of gross floor area. 19.000 1 space per 1,000 square feet of lot area used for storage, display, or sales 20.000 1 space per 200 square feet of gross floor area. 21.000 22.000 23.000 24.000 25.100 25.200 26.100 1 space per employee on the largest shift. 26.200 1 space for each boat slip or rental unit and 1 space for each employee on the largest shift. 26.300 1 space per 100 feet of pier over fishable waters. 26.400 20 spaces. Section 609.2 Flexibility in Administration Required A. The Board recognizes that due to the particularities of any given development, the inflexible application of the parking standards set forth in Subsection 609.1(G) may result in a development either with inadequate parking space or parking space far in excess of its needs. The former situation may lead to traffic congestion or parking violations in adjacent streets as. well as unauthorized parking in nearby private lots. The latter situation results in a waste of money as well as a waste of space that couldmore desirably he used for valuable development or environmentally useful open space. Therefore, as suggested in Section 609.1, the permit —issuing authority may permit deviations from the presumptive requirements of Subsection 609.1(G) and may require more parking or allow less parking whenever it finds that such deviations are more likely to satisfy the standard set forth in subsection 609.1(A). B. Without limiting the generality of the foregoing, the permit -issuing authority may allow deviations from the parking requirements set forth in Subsection 611.1(G) when it finds that: the elderly; 1. A residential development is irrevocably oriented toward 2. A business is primarily oriented to walk-in trade. C. Whenever the permit -issuing authority allows or requires a deviation from the presumptive parking requiremnts set forth in Subsection 609.1(G), it shall enter on the face of the permit the parking requirement that it imposes and the reasons for allowing or requiring the deviation. D. If the permit -issuing authority concludes, based upon infor- mation it receives in the consideration of a specific development proposal, that the presumption established by Subsection 611.1(g) for a particular use classification is erroneous, it shall initiate a request for an amendment to the Table of Parking Requirements in accordance with the procedures set forth in Section 900. 609.3 Parking Space Dimensions A. Subject to subsection (B) and (C), each parking space shall contain a rectangular area at least nineteen feet long and nine feet wide. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area required by this section. B. In parking areas containing ten or more parking spaces, up to twenty percent of the parking spaces need contain a rectangular area of only 7.5 feet in width by 15 feet in length. If such spaces are provided, they shall be conspicuously designated as reserved for small or compact cars only. C. Wherever parking areas consist of spaces set aside for parallel parking, the dimensions of such parking spaces shall be not less than twenty-two feet by nine feet. 609.4 Required Widths of Parking Area Aisles and Driveways A. Parking area aisle widths shall conform to the following table, which varies the width requirement according to the angle of parking. Parking Angle Aisle Width 0° 30° 45° 60° 90. One Way Traffic 13 11 13 18 24 Two Way Traffic 19 20 21 23 24 B. Driveways shall be not less than, way traffic and eighteen feet in width.for two feet wide driveways are permissible for two way is not longer than fifty feet, (ii) it provides spaces, and (iii) sufficient turning space is p not back into a public street. 609.5 General Design Requirements ten feet in width for one way traffic, except that ten traffic when (i) the driveway access to not more than six rovided so that vehicles need A. Vehicle accommodation areas shall be designed so that, without resorting to extraordinary movements, vehicles may exit such.areas without backing onto a public street. This requirement does not apply to parking areas consisting of driveways that serve one or two dwelling units. B. Every vehicle accommodation area shall be designed so that vehicles cannot extend beyond the perimeter of such area onto adjacent properties or public rights of way. Such areas shall also be designed so that vehicles do not extend over sidewalks or tend to bump against or damage any wall, vegetation, or other obstruction. C. Circulation areas shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles and without interfering with parking areas. 609.6 Vehicle Accommodation Area Surfaces A. Vehicle accommodation areas that (1) include lanes for drive-in windows or (2) contain parking areas that are required to have more than ten parking spaces and that are used regularly at least five days per week shall be graded and surfaced with asphalt, concrete or other material that will provide equivalent protection against potholes, erosion, and dust. Specifications for surfaces meeting the standard set forth in this subsection are contained in Appendix D. B. Vehicle accommodation areas that are not provided with the type of surface specified in subsection (a) shall be graded and surfaced with crushed stone, gravel, or other suitable material (as provided in the specifications set forth in Appendix D) to provide a surface that is stable and will help to reduce dust and erosion. The perimeter of such parking areas shall be defined by bricks, stones, railroad ties, or other similar devices. In addition, whenever such a vehicle accommodation area abuts a paved street, the driveway leading from such street to such area (or, if there is no driveway, the portion of the vehicle accommodation area that opens onto such streets), shall be paved as provided in subsection (a) for a distance of fifteen feet back from the edge of the paved street. This subsection shall not apply to single-family residences, duplexes, multi -family residences consisting of two dwelling units, homes for the handicapped or infirm, or other uses that are required to have only one or two parking spaces. C. Parking spaces in areas surfaced in accordance with subsection (A) shall be appropriately demarcated with painted lines or other markings. Parking spaces in areas surfaced in accordance with subsection (B) shall be demarcated whenever practicable. D. Vehicle accommodation areas shall be properly maintained in all respects. In particular, and without limiting the foregoing, vehicle accommodation area surfaces shall be kept in good condition (free from potholes, etc.) and parking space lines or markings shall be kept clearly visible and distinct. 609.7 Joint Use of Required Parking Spaces A. If the number of off-street parking spaces required by this chapter cannot reasonably be provided on the same lot where the principal use associated with these parking spaces is located, then spaces may be provided on adjacent or nearby lots in accordance with the provisions of this section. These off -site spaces are referred to in this section as "satellite" parking spaces. B. All such satellite parking spaces (except spaces intended for employee use) must be located within 400 feet of a public entrance of a principal building housing the use associated with such parking, or within 400 feet of the lot on which the use associated with such parking is located if the use is not housed within any principal building. Satellite parking spaces intended for employee use may be located within any reasonable distance. C. The developer wishing to take advantage of the provisions of this section must present satisfactory written evidence that he has the permission of the owner or other person in charge of the satellite parking spaces to use such spaces. The developer must also sign an acknowledgement that the continuing validity of his permit depends upon his continuing ability to provide the requisite number or parking spaces. D. Persons who obtain satellite parking spaces in accordance with this section shall not be held accountable for ensuring that the satellite parking areas from which they obtain their spaces satisfy the design requirements of this section. 609.8 Special Provisions For Lots With Existing Buildings A. Notwithstanding any other provisions of this chapter, whenever (i) there exists a lot with one or more structures on it constructed before the effective date of this chapter, and (ii) a change in use that does not involve any enlargement of a structure is proposed for such lot, and (iii) the parking requirements of Section 609.1 that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking, then the developer need only comply with the requirements of Section 609.1 to the extent that (1) parking space is practicably available on the lot where the development is located, and (2) satellite parking space is reasonably available as provided in Section 609.7. However, if satellite parking subsequently becomes reasonably available, then it shall be a continuing condition of the permit authorizing development on such lot that the developer obtain satellite parking when it does become available. 609.9 Loading and Unloading Areas A. Whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development, a sufficient off-street loading and unloading area must be provided in accordance with this ection to accommodate the delivery or shipment operations in a safe and convenient manner. B. The loading and unloading area must be of sufficient size to accommodate the numbers and types of vehicles that are likely to use this area, given the nature of the development in question. The following table indicates the number and size of spaces that, presumptively, satisfy the standard set forth in this subsection. However, the permit issuing authority may require more or less loading and unloading area if reasonably necessary to satisfy the foreoing standard. Number of spaces with minimum dimensions of 12 feet x 55 feet and overhead clearance Gross Leasable Area of Building of 14 feet from street grade 1,000 - 19,999 1 202000 - 79,999 2 80,000-127,999 3 Plus one (1) for each additional 72,000 square feet or fraction thereof. C. Loading and unloading areas shall be so located and designed that the vehicles intended to use them (1) maneuver safely and conveniently to and from a public right of way, and (2) complete the loading and unloading operations without obstructing or interfering with any public right of way or any .parking space or parking lot aisle. D. No area allocated to loading and unloading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading and unloading facilities. Section 609.10 through 609.12 Reserved SECTION 700 NONCOMB MG SITUATIONS 701 Definitions Unless otherwise specifically provided or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this article. Dimensional Nonconformity. A nonconforming situation that ocurs when the height, size, or minimum floor space of a structure 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. Effective Date of This Chapter. Whenever this article refers to the effective date of this chapter, the reference shall be deemed to include the effective date of any amendments to this chapter if the amendment, rather than this chapter as originally adopted, creates a nonconforming situation. Expenditure. A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position. Nonconformdng Lot. A lot existing at the effective date of this chapter (and not created for the purposes of evading the restrictions of this chapter) that does not meet the minimum area requirement of the district in which the lot is located. Nonconforming Project. Any structure, development, or undertaking that is incomplete at the effective date of this chapter and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned. Nonconforming Sign. A sign (see Section 608 for definition) that, on the effective date of this chapter does not conform to one or more of the regulations set forth in this chapter. Nonconforming Use. A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with runnin a bakery in a residentially zoned area is a nonconforming use.) Nonconforming Situation. A situation that occurs when, on the effective date of this chapter, 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. Among other possibilities, a nonconforming situation may arise because a lot does not meet the density requirements, has too much impervious surface or too little open 'space, fails minimum acreage requirements, exceeds maximum height limitations, signs do not meet the requirements of Section 608, or because land or buildings are used for purposes made unlawful by this chapter. 702 Regulations 702.1 Continuation of Nonconforming Situations and Completion of Non— conforming Projects A. Nonconforming situations that were otherwise lawful on the effective date of this chapter may he continued, subject to the restrictions and qualifications set forth in Sections 702.2 through 702.8. B. Nonconforming projects may be completed only in accordance with the provisions of Section 702.7. 702.2 Nonconforming Lots A. When a nonconforming lot can he used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimums set forth in 503.2 , then the lot may he used as proposed just as if it were conforming. However, no use (e.g., a duplex) that requires a greater lot size than the established minimum lot size for a particular zone is permissible on a nonconforming lot. B. When the use proposed for a nonconforming lot is one that is conforming in all other respects but that the applicable setback requirements 601.2 cannot reasonably be complied with, then the entity authorized by these chapter to issue a permit for the proposed use (the administrator, hoard of adjustment, or hoard of aldermen) may allow deviations from the applicable setback requirements if it finds that: 1. The property cannot reasonably be developed for the use proposed without such deviations; 2. These deviations are necessitated by the size or shape of the nonconforming lot; and 3. The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety. C. For purpose of subsection (B), compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimum needs of the use proposed for the nonconforming lot cannot practicably he constructed and located on the lot in conformiy with such setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible. D. This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no substantial structures upon it. A cbange in use of a developed nonconforming lot may be accomplished in accordance with Section 702.5. E. Subject to the following sentence, if, on the date this section becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his successors in interest may take advantage of the provisions of this section. This subsection shall not apply to a nonconforming lot if a majority of the developed lots located on either side of the street where such lot is located and within 500 feet of such lot are also nonconforming. The intent of this subsection is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots under the circumstances specified herein, but not to require such combination.when that would be out of character with the way the neighborhood has previously been developed. 702.3 Extension or Enlargement of Nonconforming Situations A. Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in: 1. An increase in the total amount of space devoted to a noncon— forming use; or 2. Greater nonconformity with respect to dimensional restric— tions such as setback requirements, height limitations or density requirements or other requirements such as parking requirements. B. Subject to subsection (D) a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this chapter, was manifestly designed or arranged to acommodate such use. However, subject to Section 702.5 (authorizing the completion of nonconforming projects in certain circumstances), a nonconforming use may not be extended to additional buildings or to land outside the original building. C. Subject to Section 702.5 (authorizing the completion of noncon— forming projects in certain circumstances), a nonconforming 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 where the use was established at the time it became nonconforming if ten percent or more of the earth products had already been removed at the effective date of this chapter. D. The volume, intensity, or frequency of use or property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation 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 section occur. E. Notwithstanding subsection (A), any structure used for single— family residential purposes and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to such matters as setback and parking requirements. This paragraph is subject to the limitations stated in Section 702.6 (abandonment and discontinuance of nonconforming situations). F. Notwithstanding subsection (A), whenever: (1) there exists a lot with one -or more structures on it; and (2) a change in use that does not involve any enlargement of a structure is proposed for such lot; and (3) the parking requirements of Section 609 that would be applicable as a result of the proposed change cannot he satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking, then the proposed use shall not be regarded are resulting in an impermissible extension or enlargement of a nonconforming situation. However, the applicant shall be required to comply with all applicable parking requirements that can be satisfied without acquiring additional land, and shall also be required to obtain satellite parking in accordance with Section 609.7 if: (1) parking requirements cannot be satisfied on the lot with respect to which the permit is required; and (2) such satellite parking is reasonably available. If such satellite parking is not reasonably available at the time the zoning or special or conditional use permit is granted, then the permit recipient shall he required to obtain it if and when it does become reasonably available. This requirement sballl he a continuing condition of the permit. 702.4 Repair, Maintenance and Reconstruction A. 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 twenty—five percent of the appraised valuation of the structure to be renovated may be done only in accordance with a zoning permit (Z) issued pursuant to this section. B. If a structure located on a lot where a nonconforming situ— ation exists is damaged to an extent that the costs of repair or replacement would exceed twenty—five percent of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only in accordance with a zoning permit issued pursuant to this section. This subsection does not apply to structures used for single—family residential purposes, which structures may he reconstructed pursuant to a zoning permit just as they may be enlarged or replaced as provided in section 702.3(E). C. For purposes of subsections (A) and (B): I. The "cost" of renovation or repair or replacement shall mean the fair market value of the materials and services necessary to accomplish such renovation, repair, or replacement. 2. The "cost" of renovation or repair or replacement shall mean the total cost of all such intended work, and no person may seek to avoid the intent of subsections (A) or (B) by doing such work incrementally. 3. The "appraised valuation" shall mean either the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation, or the valuation determined by a professionally recognized property appraiser. D. The administrator shall issue a permit authorized by this section if he finds that, in completing the renovation, repair or replacement work: 1. No violation of Section 702.3 will occur; and 2. The permittee will comply to the extent reasonably possible with all provisions of this chapter applicable to the existing use, (except that the permittee shall not lose his right to continue a nonconforming use). Compliance with a requirement of this chapter is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. 702.5 Change In Use of Property Where A Nonconforming Situation Exists A. A change in use of property that is sufficiently substantial to require a new zoning, special use, or conditional use permit in accordance with Section 501 may not be made except in accordance with subsections (b) through (d). However, this requirement shall not apply if only a sign permit is needed. B. If the intended change in use is to a principal use that is permissible in the district where the property is located, and all of the other requirements of this chapter applicable to tha use can be complied with, permission to make the change must be obtained in the same maner as permission to make the initial use of a vacant lot. Once conformity with this chapter is achieved, the property may not revert to its nonconforming status. C. If the intended change in use is to a principal use that is permissible in the district where the property is located, but all of the requirments of this chapter applicable to that use cannot reasonably be complied with, then the change is permisible if the entity authorized by this subchapter to issue a permit for that particular use (the administrator, board of adjustment or board of aldermen) issues a permit authorizing the change. This permit may be issued if the permit issuing authority finds, in addition to any other findings that may be required by this chapter, that: 1. The intended change will not result in a violation of section 702.3; and 2. All of the applicable requirements of this chapter that can reasonably be complied with will be complied with. Compliance with a requirement of this chapter is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. And in no case may an applicant be given permission pursuant to this subsection to construct a building or add to an existing building if additional nonconformities would thereby be created. D. If the intended change in use is to another principal use that is also nonconforming, then the change is permisible if the entity authorized by this chapter to issue a permit for that particular use (administrator, board of adjustment, or Town Council) issues a permit authorizing the change. The permit issuing authority may issue the permit if it finds, in addition to other findings that may be required by this chapter, that: . 1. The use requested is one that is permissible in some zoning district with either a zoning, special use, or conditional use permit; and 2. All of the conditions applicable to the permit author- ized in subsection (c) of this section are satisfied; and 3. The proposed development wil have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for. 702.6 Abandonment and Discontinuance of Nonconforming Situations A. When a nonconforming use is (i) discontinued for a consecu- tive period of 180 days, or (ii) discontinued for any period of time without a present intention to reinstate the nonconforming use, the property involved may thereafter be used only for conforming purposes. B. If the principal activity on property where a nonconform- ing situation other than a nonconforming use exists is (i) 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 pre-existing use unless the entity with authority to issue a permit for the intended use issues a permit to allow the property to be used for this purpose without correcting the nonconforming situations. This permit may be issued if the permit issuing authority finds that eliminating a particular nonconformity is not reasonably possible (i.e., canot be accomplished without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation). The permit shall specify which nonconformities need not be corrected. C. For purposes of determining whetber a right to continue a nonconforming situation is lost pursuant to this section, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building for 180 days sball not result in a loss of tbe.right to rent that apartment or space tbereafter so long as the apartment building as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter. D. When a structure or operation made nonconforming by this cbapter is vacant or discontinued at the effective date of this cbapter, the 180-day period for purposes of this section begins to run at the effective date of this chapter. 702.7 Completion of Nonconforming Projects A. All nonconforming projects on which construction was begun at least 180 days before the effective date of this chapter as well as all nonconforming projects that are at least twenty—five percent completed in terms of the total expected cost of the project on the effective date of this chapter may be completed in accordance witb the terms of their permits, so long as these permits were validly issued and remain unrevoked and unexpired. If a development is designed to be completed in stages, this subsection shall apply only to the particular phase under construction. B. Except as provided in subsection (A) and (G), all work on any nonconforming project shall cease on the effective date of this chapter, and all permits previously issued for work on nonconforming projects shall be revoked as of that date. Thereafter, work on nonconforming projects may begin or may be continued only pursuant to a zoning, special use, conditional use, or sign permit issued in accordance with this section by the individual or board authorized by this subchapter to issue permits for the type of development proposed. The permit issuing authority shall issue such a permit if it finds that the applicant bas in good faith made substantial expenditures or incurred substantial binding 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 cbapter and thereby would be unreasonably prejudiced if not alowed to complete bis project as proposed. In considering whether these findings may be made, the permit issuing authority shall be guided by the following, as well as other relevant considerations: I. All expenditures made pursuant to a validly issued and unrevoked building, zoning, sign, or special or conditional use permit shall be considered.as evidence of reasonable reliance on the land use law that existed before this chapter became effective. 2. Except as provided in subdivision (b)(1), no expenditures made more than 180 days before the effective date of this chapter may be considered as evidence of reasonable reliance on the land use law that existed before this cbapter became effective. An expenditure is made at the'time a party incures a binding obligation to make that expenditure. 3. To the extent that expenditures are recoverable with a reasonable effort, a party shall not be considered prejudiced by having made those expenditures. For example, a party shall not be considered prejudiced by having made some expenditure to acquire a potential development site if the property obtained is approximately as valuable under the new classification as it was under the old, for the expenditure can be recovered by a resale of the property. 4. To the extent that a nonconforming project can be made conforming and that expenditures made or obligations incurred can be effectively utilized in the completion of a conforming project, a party shall not be considered prejudiced by having made such expenditures. 5. 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. 6. 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 proposed development site could not be attributed to him. 7. Even though a person had actual knowledge of a proposed change in the land use law affecting a development site, the permit issuing authority may still find that he acted in good faith if he did not proceed with his plans in a deliberate attempt to circumvent the effects of the proposed ordinance. The permit issuing authority may find that the developer did not proceed in an attempt to undermine the proposed ordinance if it determines that (i) at the time the,expenditures were made, either there was considerable doubt about whether any ordinance would ultimately be passed, or it was not clear that the proposed ordinance would prohibit the intended development, and (ii) the developer had legitimate business reasons for making expenditures. C. The permit issuing authority shall not consider any applica— tion for the permit authorized by subsection (B) that is submitted more than sixty days after the effective date of this chapter. The permit issuing authority may waive this requirement for good cause shown, but in no case may it extend the application deadline beyond one year. D. The administrator shall send copies of this section to the persons listed as owners for tax purposes (and developers, if different from the owners) of all properties in regard to which permits have been isued for noconforming projects or in regard to which a nonconforming project is otherwise known to be in some stage of development. This notice shall be sent by certified mail not less than fifteen days before the effective date of this chapter. E. The permit issuing authority shall establish expedited procedures for hearing applications for permits under this section. These applications shall be heard, whenever possible, before the effective date of this chapter, so that construction work is not needlessly interrupted. F. 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 permit issuing authority 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 connection with that nonconforming project. 702.8 Nonconforming Signs A. Notwithstanding any other provision of this article, a noncon- forming sign that exceeds the height or size limitations of 601.3 by more than ten percent or that is nonconforming in some other way shall, within three years following the effective date of this chapter, or two years after notification, whichever is sooner, be altered to comply with the provisions of this chapter (particularly 601.3) or be removed. If the nonconformity consists of too many freestanding signs or an excess of total sign area, the person responsible for the violation may determine which sign or signs need to be altered or removed by bringing the development into conformity with the provisions of Section 601.3. B. Within nine months after the effective date of this chapter, the administrator shall make every reasonable effort to identify all the nonconforming signs within the town's planning jurisdiction. He shall then contact the person responsible for each such sign (as well as the owner of the property where the nonconforming sign is located, if different from the former) and inform such person (i) that the sign is nonconforming, (ii) how it is nonconforming, (iii) what must be done to correct it and by what date, and (iv) the consequences of failure to make the necessary corrections. The administrator shall keep complete records of all correspondence, communica- tions, and other actions taken with respect to such nonconforming signs. C. This section applies to all signs, including off -premises signs. 702.9 through 702.13 Reserved SECT -OH 800 ADHMSTBATIOA 801 Planning Board 801.1 Appointment and Terms A. There shall be a planning board consisting of seven members. Four members, appointed by the Town Council, shall reside within the town. Three members, appointed by the Pamlico County Board of Commissioners, shall reside within the town's extraterritorial planning area. If, despite good faith efforts, sufficient numbers of residents of the extraterritorial planning area cannot be found to fill the seats reserved for residents of such area, then the Pamlico County Board of Commissioners may appoint other residents of the county (including residents of the Town of Oriental) to fill these seats. If the Pamlico County Board fails to make these appointments within ninety days after receiving a resolution from the board of aldermen requesting that they be made,tbe Board may make them. Members may be removed by the appointing authority at any time for failure to attend three consecutive meetings without excuse or for failure to attend thirty percent or more of the meetings within any twelve-month period or, after a hearing, for other good cause related to performance of duties. B. Planning board members shall be appointed for five year staggered terms, but members may continue to serve until their successors have been appointed. Initially, one in -town resident and one extraterritorial area resident sball be appointed for five year terms, two in -town residents shall be appointed for four year terms, one in -town resident and one extraterritorial area resident shall be appointed for one year terms. Vacancies shall be filled for the unexpired terms only. C. Members may be appointed to successive terms without limitation. D. All members may participate in and vote on all issues before the board, regardless of whether the issue affects property within the town or within the extraterritorial planning area. 801.2 Meetings A. The planning board shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with section 805.21 (Applications to be Processed Expeditiously). B. Since the board bas only advisory authority, it need not conduct its meetings strictly in accordance with the quasi-judicial procedures. However, it shall conduct its meetings so as to obtain necessary information -_ and to promote the full and free exchange of ideas. C. Minutes shall be kept of all board procedures and the tally of the vote on each issue shall he recorded. D. All board meetings shall be open to the public, and whenever feasible the agenda for each board meeting shall be made available in advance of the meeting. E. Whenever the board is called upon to make recommendations concerning a conditional use permit request, special use permit request, or a minor zoning amendment proposal, the administrator shall post on or near the subject property one or more notices that are sufficiently conspicuous in terms of size, location, and content to provide reasonably adequate notice to potentially interested persons of the matter that will appear on the board's agenda at a specified date and time. Such notice(s) shall be posted at least seven days prior to the meeting at which the matter is to be considered. 801.3 Quorum and Voting A. A quorum for the planning board shall consist of four members if there are no vacant seats, three members if there are one or two vacant seats, and two members if there are more than two vacant seats. A quorum is necessary for the board to take official action. B. All actions of the planning board shall be taken by majority vote, a quorum being present. C. A roll call vote shall be taken upon the request of any member. 801.4 Officers A. The mayor shall designate one member of the planing board to serve as chairman and preside over the board's meetings and one member to serve as vice-chairman. The persons so designated shall serve in these capacities at the pleasure of the mayor, or until their terms expire. B. The chairman and vice-chairman may take part in al deliberations and vote on all issues. 801.5 Powers and Duties A. The planning board may: 1. Make studies and recommend to the Town Council plans, goals and objectives relating to the growth, development and redevelopment of the town and the surrounding extraterritorial planning area. 2. Develop and recommend to the Town Council policies, ordinances, administrative procedures and other means for carrying out plans in a coordinated and efficient manner. 3. Make recommendations to the Town Council concerning proposed conditional use permits and proposed zoning map changes, as provided by Sections 805.12. 4. Perform any other duties assigned by the Town Council. B. The planning board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this chapter. 801.6 Advisory Committees A. From time to time, the Town Council may appoint one or more individuals to assist the planning board to carry out its planning responsi— bilities with respect to a particular subject area. By way of illustration, without limitation, the Town Council may appoint advisory committees to consider open space plans, housing plans, economic development plans, etc. B. Members of such advisory committees shall sit as nonvoting members of the planning board when such issues are being considered and shall lend their talents, energies,and expertise to the planning board. However, all formal recommendations to the board of aldermen shall be made by the planning board. C. Nothing in this section shall prevent the Town Council from establishing independent advisory groups, committees, or commissions to make recommendations on any issue directly to the Town Council. 801.7 through 801.8 Reserved. 802 Board of Adjustment 802.1 Appointment and Terms A. There shall be a board of adjustment consisting of seven members. Four members, appointed by the Town Council, shall reside within the town. Two members, appointed by the Pamlico County Board of Commissioners, shall reside within the Town's extraterritorial planning area. If, despite good faith efforts, sufficient numbers of residents of the extraterritorial planning area cannot be found to fill the seats reserved for residents of such area, then the Pamlico County Board of Commissioners may appoint other residents of the county (including residents of the Town of Oriental) to fill these seats. If the Pamlico County Board of Commissioners fails to make these appointments within ninety days after receiving a resolution from the board of aldermen requesting that they be made, the board of aldermen may make them. Members may be removed by the appointing authority at any time for failure to attend three consecutive meetings without excuse or for failure to attend thirty percent or more of the meetings within any twelve-montb period or, after a hearing, for other good cause related to performance of duties. B. Board of adjustment members shall be appointed for three-year staggered terms, but members may continue to serve until their successors have been appointed. Initially, two in -town residents and one extraterritorial area resident shall be appointed for one-year terms. One in -town resident and one out-of-town resident shall be appointed for two-year terms, and two in -town residents shall be appointed for three-year terms. Vacancies may be filled for the unexpired terms only. C. Members may be reappointed to successive terms without limi- tation. D. All members may participate in and vote on all issues before the board, regardless of whether the property involved is located within the town or within the extraterritorial planning area. 802.2 Meetings of the Board of Adjustment A. The board of adjustment shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with Section 805.21 (Applications to be Processed Expeditiously). B. The board shall conduct its meetings in accordance with the quasi-judicial procedures . C. All meetings of the board shall be open to the public, and whenever feasible the agenda for each board meeting shall be made available in advance of the meeting. 802.3 Quorum A. A quorum for the board of adjustment shall consist of four members. A quorum is necessary for the board to take official action. B. A member who has withdrawn from the meeting without being excused as provided in section 802.4 shall be counted as present for purposes of determining whether a quorum is present. 802.4 Voting A. The concurring vote of five —sevenths of the members of the board shall be necessary to reverse any order, requirement, decision, or determination of the administrator or to grant any variance. All other cations of the board, including decisions relating to special use prmits, shall be taken by majority vote, a quorum being present. B. Once a member is physically present at a board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with subsection (C) or has been allowed to withdraw from the meeting in accordance with subsection (D). C. A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circum— stances: 1. If the member has a direct financial interest in the outcome of the matter at issue; or 2. If the matter at issue involves the member's own official conduct; or 3. If participation in the matter might violate the letter or spirit of a member's code of professional responsibility; or 4. If a member bas such close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest. D. A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's deisre to avoid voting on matters to be considered at that meeting. E. A motion to allow a member to be excused from voting or excused from the remainder of the meeting is in order only if made by or at the initiative of.the member directly affected. F. A roll call vote shall be taken upon the request of any member. 802.5 Officers A. The mayor shall designate one member of the board of adjustment to serve as chairman and preside over the board's meetings and one member to serve as vice-chairman. The persons so designated shall serve in these capacities at the pleasure of the mayor, or until their terms expire. B. The chairman or any member temporarily acting as chairman may administer oaths to witnesses coming before the board. C. The chairman and vice-chairman may take part in all deliber- ations and vote on all issues. 802.6 Powers and Duties A. The board of adjustment shall hear and decide: I. Appeals from any order, decision, requirement, or itr terpretation made by the administrator, as provided in Section 807.1. 2. Applications for special use permits, as provided in sub- section 805.1(a). 3. Applications for variances, as provided in Section 807.2. 4. Questions involving interpretations of the zoning map, including disputed district boundary lines and lot lines, as provided in Section 807.3. 5. Any other matter the board is required to act upon by any other town ordinance. B. The board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this chapter. 802.7 through 802.8 Reserved. 803 Land Use Ordinance Administrator and Planning Director 803.1 Land Use Ordinance Administrator Except as otherwise specifically provided, primary responsibili— ty for administering and enforcing this chapter may be assigned to one or more individuals appointed by the town manager, or may be the town manager himself. The person or persons to whom these functions are assigned shall be referred to in this chapter as the "land use ordinance administrator" or "administrator." The term "staff" or "planning staff" is sometimes used interchangeably with the term "administrator." 803.2 Planning Director The Administrator will serve as the administrative head until such time as there is a planning department. As provided in 806, the administrator is authorized to approve minor subdivision final plats. 803.3 Reserved. 804 Town Council A. The Town Council, in considering conditional use permit ap- plications, acts in a quasi-judicial capacity and, accordingly, is required to observe the procedural requirements set forth in this chapter. B. In considering proposed changes in the text of tbis•cbapter or in the zoning map, the Town Council acts as its legislative capacity and must proceed in accordance with the requirements of related NC statutes. C. Unless otherwise specifically provided in this chapter, in acting upon conditional use permit requests or in considering amendments to this chapter or the zoning map, the Board shall follow the quorum, voting, and other requirements set forth in the Town Code. 805 Permit Requirements 805.1 Permits Required A. Subject to Section 608 (Sign Permits), the use made of property may not be substantially changed, substantial clearing, grading or excavation may not be commenced, and buildings or other substantial structures may not be .constructed, erected, moved, or substantially altered except in accordance with and pursuant to one of the following permits: 1. A zoning permit issued by the administrator; 2. A special use prmit issued by the board of adjustment; 3. A conditional use permit issued by the Town Council. B. Zoning permits, special use permits, conditional use permits, and sign permits are issued under this chapter in respect to plans submitted by the applicant that demonstrate compliance with the ordinance provisions contained herein. Such plans as are finally approved are incorporated into any permit issued in reliance thereon, and except as otherwise provided in Section 805.19, all development shall occur strictly in accordance with such approved plans. C. Physical improvements to land to be subdivided may not be commenced except in accordance with a conditional use permit issued by the Town Council for major subdivisions or after final plat approval by the administrator for minor subdivisions. D. A zoning permit, conditional use permit, special use permit, or sign permit shall be isued in the name of the applicant (except that ap— plications submitted by an agent shall be issued in the name of the principal) shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit —issuing authority. All such permits isued with respect to tracts of land in excess of one acre (except sign permits and zoning permits for single—family residential uses and duplexes) sball be recorded in the Pamlico County Registry after execution by the record owner as provided in Section 805.18. 805.2 No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled Issuance of a conditional use, special use, or zoning permit authorizes the recipient to commence the activity resulting in a change in use of the land or, (subject to obtaining a building permit), to commence work designed to con— struct, erect, move, or substantially alter buildings or other substantial structures or to make necessary improvements to a subdivision. However, except as provided in Sections 805.8, 805.15, and 805.16, the intended use may not be commenced, no building may be occupied, and inthe case of subdivisions, no lots may be sold until all of the requirements of this chapter and all additional requirements imposed pursuant to the issuance of a conditional use or special use permit have been complied with. 805.3 Who May.Submit Permit Applications A. Applications for zoning, special use, conditional use, or sign permits or minor subdivision plat approval will be accepted only from persons having the legal authority to take action in accordance with the permit or the minor subdivision plat approval. By way of illustration, in general this means that applications should be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this chapter, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendees). B. The administrator may require an applicant to submit evidence of his authority to submit the application in accordance with subsection (A) whenever there appears to be a reasonable basis for questioning this authority. 805.4 Applications to be Complete A. All applications for zoning, special use, conditional use, or sign permits must be complete before the permit issuing authority is required to consider the application. (See Appendix A). B. Subject to subsection (C), an application is complete when it contains all of the information that is necessary for the permit issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this chapter. C. In this chapter, detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks, etc.) are set forth in one or more of the appendices to this chapter. It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices, so long as the plans provide sufficient information to allow the.permit issuing authority to evaluate the application in the light of the substantive requirements set forth in this text of this chapter. However, whenever this chapter requires a certain element of a development to be constructed in accordance with the detailed requirements set fortt in one or more of these appendices, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the administrator. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided in this ordinance. D. The presumption established by this chapter is that all of the information set forth in Appendix A is necessary to satisfy the requirements of this section. However, it is recognized that each development is unique, and therefore the permit issuing authority may allow less information or require more information to be submitted according to the needs of the particular case. For applications submited to the Town Council or board of adjustment, the aplicant may rely in the first instance on the recommendations of the administrator as to whether more or less information than that set forth in Appendix A should be submitted. E. The administrator shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In classes of cases where a minimal amount of information is necessary to enable the administrator to determine compliance with this chapter, such as applications for zoning permits to construct single—family houses or duplexes, or applications for sign permits, the administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information. 805.5 Staff Consultation Before Formal Application A. To minimize development planning costs, avoid misunderstandings or misinterpretation, and ensure compliance with the requirements of this chapter, preapplication consultation between the developer and the administrator is encouraged or required as provided in this section. B. Before submitting an application for a conditional use permit authorizing a development that consists of or contains a major subdivision, the developer shall submit to the planning administrator a sketch plan of such subdivision, drawn approximately to scale (1" = 100 feet). The sketch plan shall contain: 1. The name and address of the developer; 2. The proposed name and location of the subdivision; 3. The approximate total acreage of the proposed subdivision; 4. The tentative street and lot arrangement; 5. Topographic lines (the necessary information is obtainable at the planning department); 6. Any other information the developer believes necessary to obtain the informal opinion of the planning staff as to the proposed sub- division's compliance with the requirements of this chapter. The administrator shall meet with the developer as soon as conveniently possible to review the sketch plan. C. Before submitting an application for any other permit, deve- lopers are strongly encouraged to consult with the planning staff concerning the application of this chapter to the proposed development. 805.6 Staff Consultation After Application Submitted A. Upon receipt of a formal application for a zoning, special use, or conditional use permit, or minor plat approval, the administrator shall review the application and confer with the applicant to ensure that he understands the administrator's interpretation of the applicable requirements of this chapter, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposes to do. B. If the application is for a special use or conditional use permit, the administrator shall place the application on the agenda of the appropriate board when the applicant indicates that the application is as complete as he intends to make it. However, as provided in Sections 805.11 and 805.129 if the administrator believes that the application is incomplete, he shall recommend to the appropriate board that the application be denied on that basis. 805.7 Zoning Permits A. A completed application form for a zoning permit shall be submitted to the administrator by filing a copy of the application with the administrator. B. The administrator shall issue the zoning permit unless he finds, after reviewing the application and consulting with the applicant as provided in Section 805.5 that: 1. The requested permit is not within his jurisdiction accord- ing to the Table of Permissible Uses as interpreted in the light of the other provisions of 500 particularly Section 503.6. 2. The application is incomplete; or 3. If completed as proposed in the application, the development will not comply with one or more requirements of this chapter (not including those requirements concerning which a variance has been granted or those the applicant is not required to comply with under the circumstances specified in Section 700, Nonconforming Situations). C. If the administrator determines that the development for which a zoning permit is requested will have or may have substantial impact on surrounding properties, he or she shall, at least ten days before taking final action on the permit request, send a written notice to those persons who have listed for taxation real property any portion of which is within 150 feet of the lot that is the subject of the application, informing them that: 1. An application has been filed for a permit authorizing identified property to be used in a specified way; 2. All persons wishing to comment on the application should contact the administrator by a certain date; and 3. Persons wishing to be informed of the outcome of the ap- plication should send a written request for such notification to the administrator. 805.8 Performance Bond to Ensure Compliance with Zoning Permit In cases when, because of weather conditions or other factors beyond the control of the zoning permit recipient (exclusive of financial hardship), it would be unreasonable to require the zoning permit'recipient to comply with all of the requirements of this chapter prior to commencing the intended use of the property or occupying any buildings, the administrator may authorize the commencement of this chapter are concerned) if the permit recipient provides a performance bond or other security satisfactory to the administrator to ensure that all of the requirements of this chapter will be fulfilled within a reasonable period (not to exceed ten months) determined by the adminmistrator. 805.9 Special Use Permits and Conditional Use Permits A. An application for a special use permit shall be submitted to the board of adjustment by filing a copy of the application with the administrator. B. An application for a conditional use permit shall be submitted to the Town Council by filing a copy of the application with the administrator. C. The board of adjustment or the Town Council, respectively, shall issue the requested permit unless it concludes, based upon the inform- ation submitted at the hearing, that: 1. The requested permit is not within its jurisdiction according to the table of permissible uses; 2. The application is incomplete; or 3. If completed as proposed in the application, the development will not comply with one or more requirements of this Chapter (not including those the applicant is not required to comply with under the circumstances specified in Section 700, Nonconforming Situations); or 4. If completed as proposed, the development, more probably than not: a. Will materially endanger the public health or safety; or b. Will substantially injure the value of adjoining or abutting property; or c. Will not be in harmony with the area in which it is to be located; or d. Will not be in general conformity with the Land Use Plan, Thoroughfare Plan, or other plan offically adopted by the Board. 805.10 Burden of Presenting Evidence; Burden of Persuasion A. The burden of presenting a complete application (as described in Section 805.4) to the permit issuing board shall be upon the applicant. However, unless the board informs the applicant at the hearing in what ways the application is incomplete and offers the applicant an opportunity to complete the application (either at that meeting or at a continuation hearing), the application shall be presumed to be complete. B. Once a completed application has been submitted, the burden of presenting evidence to the permit issuing board sufficient to lead it to conclude that the application should be denied for any reasons stated in Subdivisions 805.9 (C)(1), (3) or (4) shall be upon the party or parties urging this position, unless the information presented by the applicant in his application and at the public hearing is sufficient to justify a reasonable conclusion that a reason exists for denying the application as provided in Section 805.9 (C)(1), (3) or (4). C. The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this chapter remains at all times on the applicant. The burden of persuasion on the issue of whether the application should be turned down for any of the reasons set forth in Subdivision 805.9 (C) (4) rests on the party or parties urging that the requested permit should be denied. 805.11 Recommendations on Special Use Permit Applications A. When presented to the board of adjustment at the hearing, the application for a special use permit shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with Section 805.4 (Application To Be Complete) and the other requirements of this chapter, as well as any staff recomendations for additional requirements to be imposed by the Board of Adjustment. B. If the staff proposes a finding or conclusion that the appli— cation fails to comply with Section 805.4 or any other requirement of this chapter, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions. C. The board of adjustment may, by general rule applicable to all cases or any class of cases, or on a case by case basis, refer applications to the planning board to obtain the recommendations of either or both of those boards. 805.12 Recommendations on Conditional Use Permits A. Before being presented to the Town Council, an application for a conditional use permit shall be referred to the planning board for action in accordance with this section. The Town Council may not hold a public hearing on a conditional use permit application until the planning board has had an opportunmity to consider the application (pursuant to standard agenda procedures) at one regular meeting. In addition, at the request of the planning board the Town Council may continue the public hearing to allow the respective board more time to consider the application. B. When presented to the planning board, the application shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with Section 805.4 and other requirements of this chapter, as well as any staff recommendations for. additional requirements to be imposed by the Town Council. If the planning staff report proposes a finding or conclusion that the application fails to comply with Section 805.E or any other requirement of this chapter, it shall identify the requirements in question and specifically state supporting reasons for the proposed findings or conclusions. C. The planning board shall consider the application and the attached staff report in a timely fashion, and may, in its discretion, hear from the applicant or members of the public. D. After reviewing the application, the planning board shall report to the Town Council whether it concurs in whole or in part with the staff's proposed findings and conditions, and to the extent there are differences the respective boards shall propose their own recom— mendations and the reasons therefore. E. In response to the planning board's recommendations, the applicant may modify his application prior to submission to the Town Council, and the Administrator may likewise revise its recommendations. 805.13 Board Action on Special Use and Conditional Use Permits In considering whether to approve an application for a special or conditional use permit, the board of adjustment or the Town Council shall proceed according to the following format: 1. The board shall consider whether the application is complete. If no member moves that the application be found incomplete (specifying either the particular type of information lacking or.the particular requirement with respect to which the application is incomplete) then this shall be taken as an affirmative finding by the board that the application is complete. 2. The board shall consider whether the application complies with all of the applicable requirements of this chapter. If a motion to this effect passes, the board need not make further findings concerning such requirements. If such a motion fails or is not made than a motion shall be made that the application be found not in compliance with one or more of the requirements of this chapter. Such a motion shall specify the particular requirements the application fails to meet. Separate votes may be taken with respect to each requirement not met by the application. It shall be conclusively presumed that the application complies with all requirements not found by the board to be unsatisfied through this process. 3. If the board concludes that the application fails to comply with one or more requirements of this chapter, the application sball be denied. If the board conlcudes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one or more of the reasons set forth in Subdivision 805.9 (C) (4). Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion. 805.14 Additional Requirements on Special Use and Conditional Use Permits A. Subject to subsection (b), in granting a special or conditional use permit, the board of adjustment or Town Council, respectively, may attach to the permit such reasonable requirements in addition to those specified in this chapter as will ensure that the dedvelopment in its proposed location: 1. Will not endanger the public health or safety; 2. Will not injure the value of adjoining or abutting property; 3. Will be in harmony with the area in which it is located; and 4. Will be in conformity with the Oriental Land Use Plan, or other plan officially adopted by the Board. . B. The permit issuing board may not attach additional conditions that modify or alter the specific requirements set forth in this ordinance unless the development in question presents extraordinary circumstances that Justify the variation from the specified requirements. C. Without limiting the foregoing, the board may attach to the permit a condition limiting the permit to a specified duration. D. All additional conditions or requirements shall be entered on the permit. E. All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this chapter. F. A vote may be taken on additional conditions or requirements before consideration of whether the permit should be denied for any of the reasons set forth in Subdivision 805.9 (C)(3) or (4). 805.15 Authorizing Use, Occupancy, or Sale Before Completion of Development Under Special Use or Conditional Use Permits A. In cases when, because of weather conditions or other factors beyond the control of the special use or conditional use permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with the property or occupying any buildings or selling lots in a subdivision, the board may authorize the commencement of the intended use or the occupancy of buildings or the sale of subdivison lots (insofar as the requirements of this chapter are concerned) if the permit recipient provides a performance bond or other security satisfactory to the board to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed ten months). B. When the board imposes additional requirements upon the permit recipient in accordance with Section 805.14 or when the devleoper proposes in the plans submitted to install amenities beyond those required by this chapter, the board may authorize the permitee to commence the intended use of the property or to occupy any building or to sell any subdivision lots before the additional requirements or a schedule according to which such requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of any one or more of the following: 1. A performance bond or other security satisfactory to the board is furnished; 2. A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient's compliance will be reviewed when application for renewal is made; 3. The nature of the requirements or amenities is such that sufficient assurance of compliance is given by Section 809.4 (Penalties and Remedies for Violations) and Section 809.5 (Permit Revocation). C. With respect to subdivisions in which the developer is selling only undeveloped lots, the Town Council may authorize final plat approval and the sale of lots before all the requirements of this chapter are fulfilled if the subdivider provides a performance bond or other security satisfactory to the Board to ensure that all of these requirements will be fulfilled within not more than ten months after final plat approval. 805.16 Completing Developments in Phases A. If a development is constructed in phases or stages in accordance with this section, then, subject to subsection (C), the provisions of Section 805.2 (No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled) and Section 805.15 (exceptions to Section 805.2) shall apply to each phase as it it were the entire development. B. As a prerequisite to taking advantage of the provisions of sub— section (a), the developer shall submit plans that clearly show the various phases or stages of the proposed development and requirements of this chapter that will be satisfied with respect to each phase or stage. C. If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as swimming pool or tennis courts in a residential develop- ment) then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by issuing authority, no land may be used, no buildings may be occupied, and no subdivision slots may be sold except in accordance with the schedule approved as part of the permit, provided that: 1. If the improvement is one required by this cbpater than the developer may utilize the provisions of Subsections 805.15 (A) or 805.16 (C); 2. If the improvement is an amenity not required by this chapter or is provided in response to a condition imposed by the board, then the developer may utilize the provisions of Subsection 805.15 (B). 805.17 Expiration of Permits A. Zoning, special use, conditional use, and sign permits shall expire automatically if, within two years after the issuance of such permits: 1. The use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencemnt of such use; or 2. Less than ten percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development (see Section 805.16) this requirement shall apply only to the first phase. B. If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period (i) of one year if the date of discontinuance cocurs more than one year after the issuance of the permit, or (ii) equal to two years less the time between the issuance of the permit and the time work is discontinued if the date of discontinuance occurs less than one year after the issuance of the permit, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of Section 805.18. C. The permit issuing authority may extend for a period up to one year the date when a permit would otherwise expire pursuant to subsections (a) or (b) if it concludes that (i) the permit has not yet expired, (ii) the permit recipient has proceeded with due diligence and in good faith, and (iii) conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to one year upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit. D. For purposes of this section, the permit within the jurisdiction of the Town Council or the board of adjustment is issued when such board votes to approve the application and issue the permit. A permit within the jurisdiction of the zoning administrator is issued when the earlier of the following takes place: 1. A copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is hand delivered or mailed to the permit applicant; or 2. The zoning administrator notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property owner so it can be recorded if required under G.S. 15-46(c). E. Notwithstanding any of the provisions of Section 700 (Noncon— forming Situations), this section shall be applicable to permits issued prior to the date this section becomes effective. 805.18 Effect of Permit on Successors and Assigns A. Zoning, special use, conditional use and sign permits authorize the permittee to make use of land and structures in a particular way. Such permits are transferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the.purposes for which the permit was granted, then: 1. No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit; and 2. The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use if to or in connection with purposes other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice (as provided in subsection ($)) of the existence of the permit at the time they acquired their interest. B. Whenever a zoning, special use or conditional use permit is issued to authorize development (other than single—family residences or duplexes) on a tract of land in excess of one acre, nothing authorized by the permit may be done until the record owner of the property signs a written acknowledgement that the permit has been issued so that the permit.may be recorded in the Pamlico County Registry and indexed under the record owner's name as grantor. 805.19 Amendments to and Modification of Permits A. Insignificant deviations from the permit (including approved plans) issued by the Town Council, the board of adjustment, or the administrator are permissible and the administrator may authorize such insig— nificant deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. B. Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the permit issuing authority. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section, minor design modifications or changes are those that have no substan— tial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. C. All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Town Council or board of adjustment, new conditions may be imposed in accordance with Section 805.14, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit. D. The administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in subsections (A), (B), and (C). 805.20 Reconsideration of Board Action Whenever (i) the Town Council disapproves a conditional use permit appli— cation, or (ii) the board of adjustment disapproves an application for a specialuse permit or a variance, on any basis other than the failure of the applicant to submit a complete application, such action may'not be reconsidered by the respective board at a later time unless the applicant clearly demonstrates tbat: 1 1. Circumstances affecting the°property that is the subject of the application have substantially changed; or 2. The application is changed in some substantial way; or 3. New information is available that could not with reason— able diligence have been presented at a previous bearing. 805.21 Applications to be Processed Expeditiously Recognizing that inordinate delays in acting,upon.appeals-or.applications may impose unnecessary costs on the appellant or applicant, the town shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure.that all development conforms to the requirements of this chapter. 805.22 Maintenance of Common Areas, Improvements, and Facilities The recipient of any zoning, special use, conditional use, or sign permit, or his successor, shall be responsible for maintaining all common areas, improvements or facilities required by this chapter or any permit issued in accordance with its provisions, except those areas, improvements or facilities with respect to which an offer of dedication to the public has been accepted bythe appropriate public authority. As illustrations,,and without limiting the. generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they cari be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed. Sections 805.23 through 805.30 Reserved. 806 Major and Minor Subdivisions 806.1 Regulation of Subdivisions Major subdivisions are subject to a two step approval process. Physical improvements to the land to be subdivided are authorized by a conditional use permit as provided in this chapter, and sale of lots is permitted after final plat approval as provided in Section 806.03. Minor subdivisions only require a one step approval process final plat approval (in accordance with Section 806.3). 806.2 No Subdivision Without Plat Approval A. As provided in G.S. 160A-375, no person may subdivide his land except in accordance with all of the provisions of this chapter. In particular, no person may subdivide his land unless and until a final plat of the subdivision has been approved in accordance with the provisions of Section 806.3 or Section 806.4 and recorded in the Pamlico County Registry. B. As provided in G.S. 160A-373, the Pamlico County Register of Deeds shall not record a plat of any subdivision within the Town's planning jurisdiction unless the plat has been aproved in accordance with the provisions. of this chapter. 806.3 Minor Subdivision Approval A. The planning director shall approve or disapprove minor sub— division final plats_in accordance with the provisions of this section. B. The applicant for minor subdivision plat approval, before complying with subsection (C), shall submit a sketch plan to the planning director for a determination of whether the approval process authorized by this section can be and should be utilized. The planning director may require the applicant to submit whatever information is necessary to make this determination, including, but not limited to, a copy of the tax map showing the land being subdivided and all lots previously subdivided from that tract of land within the previous five years. C. Applicants for minor subdivision approval shall submit to the planning director a copy of a plat conforming to the requirements set forth in subsections 806.3(B) and (C) (as well as two prints of such plat), except that a minor subdivision plat shall contain the following certificates in lieu of those required in Section 805.5. I. Certificate of Ownership I hereby certify that I am the owner of the property described hereon, which property is within the subdivision regulation jurisdiction of the Town of Oriental and that I freely adopt this plan of subdivision. Date Owner 2. Certificate of Approval I hereby certify that the minor subdivision shown on this plat does not involve the creation of new public streets or any change in existing public streets, that the subdivision shown is in all respects in compliance with the Oriental Town Code, and that therefore this plat has been approved by the Oriental Administrator, subject to its being recorded in the Pamlico County Registry within 30 days of the date below. Date Town Manager (or his designee) 3. A Certificate of Survey and Accuracy, in the form stated in subdivision 806.05(3). D. The planning director shall take expeditious action on an applicant for minor subdivision plat aproval as provided in Section 805.21. However, either the planning director or the applicant may at any time refer the applicant to the major subdivision approval process. E. No more than a total of three lots may be created out of one tract using the minor subdivision plat approval process, regardless of whether the lots are created at one time or over an extended period of time. F. Subject to subsection (d), the planning director shall approve the proposed subdivision unless the subdivision is not a minor subdivision as defined in Section 806.3 or the applicable requirement of this chapter. G. If the subdivision is disapproved, the planning director shall promptly furnish the applicant with a written statement of the reasons for disapproval. H. Approval of any plat is contingent upon the plat being recorded within thirty days after the date the Certificate of Approval is signed by the manager or his designee. 806.4 Major Subdivision Approval Process A. The Town Council shall approve or disapprove major subdivision final plats in accordance with the provisions of this section. B. The applicant for major subdivision plat approval shall submit to the administrator a final plat, drawn in waterproof ink on a sheet made of material that will be acceptable to the Pamlico County Register of Deed's Office for recording purposes, and having dimensions as follows: either (1) 21" x 30", (11) 12" x 18", or (111) 18" x 24 ". When more than one sheet is required to include the entire subdivision, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets_of the subdivision. The scale of the plat shall be at one (1) inch equals not more than one hundred (100) feet. The applicant shall also submit two prints of the plat. C. In addition to the appropriate endorsements, as provided in Section 806.05, the final plat shall contain the following information: 1. All of the information required by G.S. 47-30 and G.S. 39-32.3; 2. The name of the subdivision, which name shall not duplicate the name of any existing subdivision as recorded in the Pamlico County Registry; 3. The name of the subdivision owner or owners; 4. The township, county and state where the subdivision is located; and 5. The name of the surveyor and his registration number and date of survey. D. The Town Council shall approve the proposed plat unless it finds that the plat or the proposed subdivision fails to comply with one or more of the requirements of this chapter or that the final plat differs substantially from the plans and specifications approved in conjunction with the conditional use permit that authorized the development of the subdivision. E. If the final plat is disapproved by the Board, the applicant shall be furnished with a written statement of the reasons for the disapproval and shall be given an opportunity to petition the Board for a hearing, to be conducted in accordance with the procedures for processing conditional use permit applications. Following such hearing, the Board may reverse, modify, or affirm its earlier decision. F. Approval of a final plat is contingent upon the plat being recorded within thirty (30) days after the approval certificate is signed by the manager. 806.5 Endorsements on Major Subdivision Plats All major subdivision plats shall contain the endorsements listed in sub— division (1), (2) and (3) herein. The endorsements listed in subdivision (4) shall appear on plats of all major subdivisions located outside the corporate limits of the town but within the planning jurisdiction. The endorsement listed in subdivision (5) shall appear on plats when required by federal regulation. I. Certificate of Approval I hereby certify that all streets shown on this plat are within the Town of Oriental's planning jurisdiction, all streets and other improvements shown on this plat have been installed or completed or that their installation or comple— tion (within ten months after the date below) has been en — ensured by the posting of a performance bond or other suffi— cient surety, and that the subdivision shown on this plat is in all respects in compliance with the Oriental Town Code, and therefore this plat has been approved by the Oriental Town Council, subject to its being recorded in the Pamlico County Registry within 30 days of the date below. Date Mayor 2. Certificate of Ownership and Dedication I hereby certify that I am the owner of the property described hereon, which property is located within the sub— division regulation jurisdiction of the Town of Oriental, that I hereby freely adopt this plan of subdivision and dedicate to public use all areas shown on this plat as streets, alleys, walks, parks, open space, and easements, except those specifically indicated -as private, and that I will maintain all such areas until the offer of dedication is accepted by the appropriate public authority. All property shown on this plat as dedicated for public use authorized by law when such other use is approved by the Town Council in the public interest. Date Owner Notarized 3. Certificate of Survey and Accuracy I hereby certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (a deed de- scription recorded in Book , Page of the Pamlico County Registry) (other); that the error of closure as calculated by latitudes and departures is 1: ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book , Page , and that this map was prepared in accordance with G.S. 47-30 as amended. Witness my hand and seal this day of , 19 Registered Land Surveyor 4. Division of Highways District Engineer Certificate I hereby certify that the public streets shown on this plat have been completed, or that a performance bond or other sufficient surety has been posted to guarantee their comple- tion, in accordance with at least the minimum specifications and standards of the N. C. State Department of Transporta- tion for acceptance of subdivision streets on the State highway system for maintenance. District Engineer 5. Certificate for Federally Funded Project I hereby certify that the specifications for street grad- ing, drainage improvements, and paving for the group housing development shown on this plat, which development is being financed or insured under regulations of the United States Government, are equal to or of a higher standard than re - required by the subdivision regulations of the Town of Oriental and the Standards of the N. C. Department of Trans- portation. Administrator 806.6 Plat Approval Not Acceptable of Dedication Offers Approval of a plat does not constitute acceptance by the town of the offer of dedication of any streets, sidewalks, parks or other public facilities shown on a plat. However, the town may accept any such ofer of dedication by resolution of the Board or by actually exercising control over and maintaining such facilities. 806.7 Protection Against Defects A. Whenever (pursuant to Section 805.15) occupancy, use or sale is allowed before the completion of all publicly dedicated facilities and improvements, then the performance bond or the surety that is posted pursuant to Section 805.15 shall guarantee that any defects in improvements or facilities dedicated to the public that appear within one year after the occupancy, use or sale of the property involved shall be corrected by the developer. B. Whenever all publicly dedicated facilities and improvements are installed before occupancy, use, or sale is authorized, then the developer shall post a performance bond or other sufficient surety to guarantee that he will correct all defects in such facilities or improvements that occur within one year after use, occupancy or sale is authorized. C. An architect or engineer retained by the developer shall certify to the town that all facilities and improvements to be dedicated to the town have been constructed in accordance with the requirements of this chapter. This certification shall be a condition precedent to acceptance by the town of the offer of dedication of such facilities or improvements. D. For purposes of this section, the term "defects" refers to any condition in publicly dedicated facilities or improvements that requires the town to make repairs in such facilities over and above the normal amount of maintenace that they would require. If such defects appear, the guaranty may be enforced regardless of whether the facilities or improvements were constructed in accordance with the requirements of this chapter. 806.8 Maintenance of Dedicated Areas Until Acceptance As provided in Section 805.22, all facilities and improvements with respect to which the owner makes an offer of dedication to public use shall be maintained by the owner until such offer of dedication is accepted by the appropriate public authority. 806.9 through 806.15 Reserved 807 Appeals, Variances, Interpretations 807.1 Appeals A. An appeal from any final order or decision of the administrator may be taken to the board of adjustment by any person aggrieved. An appeal is taken by filing with the administrator and the board of adjustment a written notice of appeal specifying the grounds therefor. A notice of apeal shall be considered filed with the administrator and the board of adjustment when delivered to the planning department, and the date and time of filing shall be entered on the notice by the planning staff. B. An appeal must be taken within thirty (30) days after the date of the decision or order appealed from. C. Whenever an appeal is filed, the administrator shall forth— with transmit to the board of adjustment all the papers constituting the record upon which the action is appealed from. D. An appeal stays all actions by the administrator seeking enforcement of or compliance with the order or decision appealed from, unless the administrator certifies to the board of adjustment that (because of facts stated in the certificate) a stay would, in his opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed except by order of the board of adjustment or a court, issued on application of the party seeking the stay, for due cause shown, after notice to the administrator. E. The board of adjustment may reverse or affirm (wholly or partly) or may modify the order, requirement or decision or determination appealed from and shall make any order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the board shall have all the powers of the officer from whom the appeal is taken. F. A motion to reverse, affirm, or modify the order, requirement, decision, or determination appealed from shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion. 807.2 Variances A. An application for a variance shall be submitted to the board of adjustment by filing a copy of the application with the administrator in the planning department. Applications shall be handled in the same manner as applications for special use permits in conformity with the provisions of Sections 805.3, 805.4 and 805.11. B. A variance may be granted by the board of adjustment if it concludes that strict enforcement of the ordinance would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of the ordinance will be observed, public safety and welfare secured, and substantial justice done. It may reach these conclusions if it finds that: 1. If the applicant complies strictly with the provisions of the ordinance, he can make no reasonable use of his property; or, if the applicant is requesting a variance from the provisions of Section 503 to allow the creation of not more than one lot that fails to meet each of these standards by not more than one percent of the required level of performance, or, the board may find in lieu of the foregoing that, in the absence of such deviation, the applicant will suffer severe hardship and that such deviation has no negative effects upon surrounding properties. 2. The hardship of which the applicant complains is one suffered by .the applicant rather than by neighbors or the general public; 3. The hardship relates to the applicant's land, rather than personal circumstances; 4. The hardship is unique, or nearly so, rather than one shared by many surrounding properties; 5. The hardship is not the result of the applicant's own actions; and 6. The variance will neither result in the extension of a nonconforming situation in violation of Section 700 nor authorize the initiation of a nonconforming use of land. C. In granting variances, the board of adjustment may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties. D. A variance may be issued for an indefinite duration or for a specified duration only. E. The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit (or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information). All such conditions are enforceable in the same manner as any other applicable requirement of this chapter. F. Before granting a variance, the board must take a separate vote and vote affirmatively on each of the six required findings stated in subsection (b). Insofar as practicable, a motion to make an affirmative finding on each of the requirements set forth in subsection (b) shall include a statement of the specific reasons or findings of fact supporting such motion. G. A motion to deny the variance may be made on the basis that any one or more of the six criteria set forth in subsection (b) is not satisfied or that the application is incomplete. Such a motion shall include a statement of the specific reasons or findings of fact that support it. 807.3 Interpretations A. The board of adjustment is authorized to interpret the zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the zoning administrator, they shall be handled as provided in Section 807.1. B. An application for a map interpretation shall be submitted to the board of adjustment by filing a copy of the application with the administrator in the planning department. The application shall contain sufficient information to enable the board to make the necessary interpretation. C. 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 center— lines of alleys, streets, highways, streams, or railroads shall be construed to follow such center lines; 2. Boundaries indicated as approximately following lot lines, city limits or extraterritorial boundary lines, shall be construed as following such lines, limits or boundaries; 3. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as following such shorelines; 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 measurement, using the scale of the Official Zoning Map; 5. Where any street or alley is hereafter officialy 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. 807.4 Requests To Be Heard Expeditiously As provided in Section 805.21, the board of adjustment shall bear and de— cide all appeals, variance requests, and requests for interpretations as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with 807.1, and obtain the necessary information to make sound decisions. 807.5 Burden of Proof in Appeals and Variances A. When an appeal is taken to the board of adjustment in accordance witb Section 807.1, the administrator shall have the initial burden of presenting to the board sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and aggument to the contrary then shifts to the appellant, who shall also have the burden of persuasion. B. The burden of presenting evidence sufficient to allow the board of adjustment to reach the conclusions set forth in Subsection 807.2(B), as well as the burden of persuasion of those issues, remains with the applicant seeking the variance. 807.6 Board Action on Appeals and Variances A. With respect to appeals, a motion to reverse, affirm, or modify the order, requirement, decision, or determination appealed from shall include, insofar as practicable, a statement of the specific reasons or findings or finds of fact that support the motion. If such a motion is not made or fails to receive the four votes necessary for adoption (see Section 802.4), then a motion to uphold the decision appealed from shall be in order. Insofar as practicable this motion is adopted as the board's decision if supported by at least.two members. B. Before granting a variance, the board must take a separate vote and vote affirmatively (by a 5/7 majority —see Section 802.4) on each of the six required findings stated in Subsection 807.2(B). Insofar as practicable, a motion to make an affirmative finding on each of the require— ments set forth in Subsection 807.2(B) shall include a statement of the specific reasons for findings of fact supporting such motion. C. A motionn to deny a variance may be made on the basis that any one or more of the six criteria set forth in Subsection 807.2(B) are not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it. This motion is adopted as the board's decision if supported by at least two members. 807.7 through 807.10 Reserved 808 Hearing Procedures for Appeals and Applications 808.1 Hearing Required on Appeals and Applications . A. Before making a decision on an appeal or an application for a variance, special use permit, or conditional use permit, or a petition from the planning staff to revoke a special use permit or conditional use permit, the board of adjustment or the Town Council, as the case may be, shall bold a bearing on the appeal or application. B. Subject to subsection (c), the hearing shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify. C. The board of adjustment or Town Council may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross examination of witnesses so that the matter at issue may be heard and decided without undue delay. D. The hearing board may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six weeks or more elapses between hearing dates. 808.2 Notice of Hearing The administrator shall give notice of any hearing required by Section 808.1 as follows: 1. Notice shall be given to the appellant or applicant and any other person who makes a written request for sucb notice by mailing to such persons a written notice not later than ten days before the hearing. 2. Notice shall be given to neighboring property owners by mailing a written notice not later than ten days before the hearing to those persons who have listed for taxation real property any portion of which is located within 150 feet of the lot that is the subject of the application or appeal. Notice shall also be given by prominently posting signs in the vicinity of the property that is the subject of the proposed action. Such signs shall be posted not less than seven days prior to the hearing. 3. In the case of conditional use permits, notice shall be given to other potentially interested persons by publishing a notice in a local newspaper one time not less than seven nor more than fifteen days prior to the hearing. 4. The notice required by this section shall state the date, time and place of the hearing, reasonably identify the lot that is the subject of the application or appeal, and give a brief description of the action requested or proposed. 808.3 Evidence A. The provisions of this section apply to all hearings for which a notice is required by Section 808.1. B. All persons who intend to present evidence to the permit is— suing board, rather than arguments only, shall be sworn. C. All findings and conclusions necessary to the issuance or denial of the requested permit or appeal (crucial findings) shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) shall be preferred whenever reasonably available, but in no case may crucial findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. 808.4 Modification of Application at Hearing A. In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the Town Council or board of adjustment, the applicant may agree to modify his application, including the plans and specifications submitted. B. Unless such modifications are so substantial or extensive that the board cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the board may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the planning staff. 808.5 Record A. A tape recording shall be made of all hearings required by Section 808.1, and such recordings shall be kept for at least two years. Accurate minutes shall also be kept of all such proceedings, but a transcript need not be made. B. Whenever practicable, a hearing as well as all other types of the record of the proceedings and years. 808.6 Written Decision all documentary evidence presented at of physical evidence shall be made a part shall be kept by the town for at least two A. Any decision made by the board of adjustment or Town Council regarding an appeal or variance or issuance or revocation of a conditional use permit or special use permit shall be reduced to writing and served upon the applicant or appellant and all other persons who request a copy at the hearing or who make a written request for a copy. B. In addition to a statement of the board's ultimate disposition of the case and any other information deemed appropriate, the written decision shall state the board's findings and conclusions, as well as supporting reasons or facts, whenever this chapter requires the same as a prerequisite to taking action. 808.7 through 808.10 Reserved 809 Enforceaent and Review 809.1 Complaints Regarding Violations Whenever the administrator receives a written, signed complaint alleging a violation of.this chapter, he shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken. 809.2 Persons Liable The owner, tenant, or occupant of any buildings or land or -part thereof and any architect, builder, contractor, agent or other -person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided. 809.3 Procedures Upon Discovery of Violations A. If the administrator finds that any provision of this chapter is being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the administrator's discretion. B. The final written notice (and the initial written notice may be the final notice) shall state what action the administrator intends to take if the violation is not corrected and shall advise that the administrator's decision or order may be appealed to the board of adjustment as provided in Section 807.1. C. Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this ordinance or pose a danger to the public health, safety, or welfare, the administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 809.4. 809.4 Penalties and Remedies for Violations A. Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants or variances or special use or conditional use permits, shall constitute a misdemeanor, punishable as provided in G.S. 14-4. B. Any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or special use or conditional use permits, shall also subject the offender to a civil penalty of twenty—five dollars. If the offender fails to pay this penalty within ten days after being cited for a violation, the penalty may be recovered by the town in a civil action in the nature of a debt. A civil penalty may not be appealed to the board of adjustment if the offender was sent a final notice of violation in accordance with Section 809.13 and did not take an appeal to the board of adjustment within the prescribed time. C. This chapter may also be enforced by any appropriate equitable action. D. Each day that any violation continues after notification that such violation exists by the administrator shall be considered a separate offense for purposes of the penalties and remedies specified in this section. E. Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this chapter. 809.5 Permit Revocation A. A zoning, sign, special use, or conditional use permit may be revoked by the permit issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed by the permit issuing board. B. Before a conditional use or special use permit may be revoked, all of the notice and hearing and other requirements shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation. 1. The burden of presenting evidence sufficient to authorize the permit —issuing authority to conclude that permit should be revoked for any of the reasons set forth in subsection (A) shall be upon the party advocating that position. The burden of persuasion shall also be upon that party. 2. A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion. C. Before a zoning or sign permit may be revoked, the admini— strator shall give the permit recipient ten days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations. If the permit is revoked, the administrator shall provide to the permittee a written statement of the decision and the reasons therefore. D. No person may continue to make use of land or buildings in the manner autborized by any zoning, sign, special use or conditional use permit after sucb permit has been revoked in accordance with this section. 809.6 Judicial Review A. Every decision of the Town Council granting or denying a conditional use permit and every final decision of the board of adjustment shall be subject to review by the Superior Court of Pamlico County by proceedings in the nature of certiorari. B. The petition for the writ of certiorari must be filed with the Pamlico County Clerk of Court within 30 days after both of the following have been accomplisbed: 1. A written copy of the board's decision (see Section 808.6) has been filed in the office of the planning department; and 2. A written copy of the board's decision (see Section 808.6) has been delivered to the applicant or appellant by personal service or certified mail. C. A copy of the writ of certiorari sball be served upon the Town of Oriental. 809.7 through 809.10 Reserved. D. No person may continue to make use of land or buildings in the manner autborized by any zoning, sign, special use or conditional use permit after sucb permit has been revoked in accordance with this section. 809.6 Judicial Review A. Every decision of the Town Council granting or denying a conditional use permit and every final decision of the board of adjustment shall be subject to review by the Superior Court of Pamlico County by proceedings in the nature of certiorari. B. The petition for the writ of certiorari must be filed with the Pamlico County Clerk of Court within 30 days after botb of the following have been accomplished: 1. A written copy of the board's decision (see Section 808.6) has been filed in the office of the planning department; and 2. A written copy of the board's decision (see Section 808.6) has been delivered to the applicant or appellant by personal service or certified mail. C. A copy of the writ of certiorari shall be served upon the Town of Oriental. 809.7 through 809.10 Reserved. B. Any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or special use or conditional use permits, shall also subject the offender to a civil penalty of twenty—five dollars. If the offender fails to pay this penalty within ten days after being cfted for a violation, the penalty may be recovered by the town in a civil action in the nature of a debt. A civil penalty may not be appealed to the board of adjustment if the offender was sent a final notice of violation in accordance with Section 809.13 and did not take an appeal to the board of adjustment within the prescribed time. C. This chapter may also be enforced by any appropriate equitable action. D. Each day that any violation continues after notification that such violation exists by the administrator shall be considered a separate offense for purposes of the penalties and remedies specified in this section. E. Any one,.all, or any combination of the foregoing penalties and remedies may be used to enforce this chapter. 809.5 Permit Revocation A. A zoning, sign, special use, or conditional use permit may be revoked by the permit issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed by the permit issuing board. B. Before a conditional use or special use permit may be revoked, all of the notice and hearing and other requirements shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation. I. The burden of presenting evidence sufficient to authorize the permit —issuing authority to conclude that permit should be revoked for any of the reasons set forth in subsection (A) shall be upon the party advocating that position. The burden of persuasion shall also be upon that party. 2. A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion. C. Before a zoning or sign permit may be revoked, the admini— strator shall give the permit recipient ten days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations. If the permit is revoked, the administrator shall provide to the permittee a written statement of the decision and the reasons therefore. B. Any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or special use or conditional use permits, shall also subject the offender to a civil penalty of twenty-five dollars. If the offender fails to pay this penalty within ten days after being cited for a violation, the penalty may be recovered by the town in a civil action in the nature of a debt. A civil penalty may not be appealed to the board of adjustment if the offender was sent a final notice of violation in accordance with Section 809.13 and did not take an appeal to the board of adjustment within the prescribed time. C. This chapter may also be enforced by any appropriate equitable action. D. Each day that any violation continues after notification that such violation exists by the administrator shall be considered a separate offense for purposes of the penalties and remedies specified in this section. E. Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this chapter. 809.5 Permit Revocation A. A zoning, sign, special use, or conditional use permit may be revoked by the permit issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed by the permit issuing board. B. Before a conditional use or special use permit may be revoked, all of the notice and hearing and other requirements shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation. 1. The burden of presenting evidence sufficient to authorize the permit -issuing authority to conclude that permit should be revoked for any of the reasons set forth in subsection (A) shall be upon the party advocating that position. The burden of persuasion shall also be upon that party. 2. A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion. C. Before a zoning or sign permit may be revoked, the admini- strator shall give the permit recipient ten days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations. If the permit is revoked, the administrator shall provide to the permittee a written statement of the decision and the reasons therefore. D. No person may continue to make use of land or buildings in the manner autborized by any zoning, sign, special use or conditional use permit after sucb permit has been revoked in accordance with this section. 809.6 Judicial Review A. Every decision of the Town Council granting or denying a conditional use permit and every final decision of the board of adjustment shall be subject to review by the Superior Court of Pamlico County by proceedings in the nature of certiorari. B. The petition for the writ of certiorari must be filed with the Pamlico County Clerk of Court within 30 days after both of the following have been accomplisbed: 1. A written copy of the board's decision (see Section 808.6) has been filed in the office of the planning department; and 2. A written copy of the board's decision (see Section 808.6) has been delivered to the applicant or appellant by personal service or certified mail. C. A copy of the writ of certiorari shall be served upon the Town of Oriental. 809.7 through 809.10 Reserved. SECTION 900 AMSHDMM 901 Amendments in General A. Amendments to the text of this chapter or to the zoning map may be made in accordance with the provisions of this article. B. The term "major map amendment" shall refer to an amendment that addresses the zoning district classification of five or more tracts of land in separate ownership or any parcel of land (regardless of the number of lots or owners) in excess of fifty acres. All other amendments to the zoning district map shall be referred to as "minor map amendments." 902 Regulations 902.1 Initiation of Amendments A. Whenever a request to amend this chapter is initiated by the Town Council, the planning board, the board of adjustment, or the town administrator, the town attorney in consultation with the administrator shall draft an appropriate ordinance and present that ordinance to the Town Council so that a date for a public hearing may be set. B. Any other person may also petition the Board to amend this chapter. The petition shall be filed with the administrator and shall include, among the information deemed relevant by the administrator: 1. The name, address, and phone number of the applicant; 2. A description of the land affected by the amendment if a change in zoning district classification is proposed; 3. Stamped envelopes containing the names and addresses of all those to whom notice of the public hearing must be sent as provided in Section 902.3. 4. A description of the proposed map change or a summary of the specific objective of any proposed change in the text of this chapter; 5. A concise statement of the reasons why the petitioner believes the proposed amendment would be in the public interest. C. Upon receipt of a petition as provided in (b), the admini— strator shall either: 1. Treat the proposed amendment as one initiated by the town administration and proceed in accordance with subsection (a) if it believes that the propsed amendment has significant merit and would benefit the general public interest; or 2. Forward the petition to the Board with or without written comment for a determination of whether an ordinance should be drafted and a public hearing set in accordance with subsection (D). D. Upon receipt of a proposed ordinance as provided in sub- section (A), the Board may establish a date for a public hearing on it. Upon receipt of a petition for an ordinance amendment as provided in subsection (B), the Board may summarily deny the petition or set a date for a public hearing on the requested amendment and order the -attorney,. in consultation with the. administrator, to draft an appropriate ordinance. 902.2 Planning Board Consideration of Proposed Amendments A. If the Board sets a date for a public hearing on a proposed amendment, it shall also refer the proposed amendment to the planning board for its consideration and may refer the amendment to the appearance commission if. community appearance is involved. B. The planning board shall endeavor to review the proposed amendment in such a timely fashion that any recommendations it may have can be presented to the Board at the public hearing on the amendment. However, if the planning board is not prepared to make recommendations at the public hearing, it may request the Board to delay final action on the amendment until such time as the planning board can present its recommendations. C. The Board need not await the recommendations of the planning board before taking action on a proposed amendment, nor is the Board bound by any recommendations of the planning board that are before it at the time it takes action on a proposed amendment. 902.3 Hearing Required; Notice A. No ordinance that amends any of the provisions of this chapter may be adopted until a public bearing has been held on such ordinance. B. The administrator shall publish a notice of the public hearing on any ordinance that amends the provisions of this chapter once a week for two successive weeks in a newspaper having general circulation in the Oriental area. The notice shall be published for the first time not less than ten days nor more than twenty-five days before the date fixed for the hearing. This period is to be computed in accordance with G.S. 1-594, which provides that the date of publication is not counted but the date of the hearing is. C. With respect to minor map amendments, the administrator shall mail written notice of the public hearing to the record owners for tax purposes of all properties whose zoning classification is changed by the proposed amendment as well as the owners of all properties any portion of which is within 150 feet of the property rezoned by the amendment. D. The administrator shall also post notices of the public hearing in the vicinity of the property rezoned by the proposed amendment and take any other action deemed by the planning staff to be useful or appropriate to give notice of the public hearing on any proposed amendment. E. The notice required or authorized by this section shall: 1. State the date, time, and place of the public bearing; 2. Summarize the nature and character of the proposed changes; 3. If the proposed amendment involves a change in zoning district classification, reasonably identify the property whose classification would be affected by the amendment; 4. State that the full text of the amendment can be obtained from the town clerk; and 5. State that substantial changes in the proposed amendment may be made following the public hearing. F. The administrator shall make every reasonable effort to comply with the notice provisions set forth in this section. However, it is the Board's intention that no failure to comply with any of the notice provisions (except those set forth in subsection (B)) shall render any amendment invalid. 902.4 Board Action on Amendments A. At the conclusion of the public hearing on a proposed amendment, the Board may proceed to vote on the proposed ordinance, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure. B. The Board is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs. C. Voting on amendments to this chapter shall proceed in the same manner as other ordinances. 902.5 Ultimate Issue Before Board on Amendments In deciding whether to adopt a proposed amendment to this chapter, ,the central issue before the Board is whether the proposed amendment advances the public health, safety or welfare. All other issues are irrelevant, and all information related to other issues at the public hearing may be declared irrelevant by the mayor and excluded. In particular, when considering proposed minor map amendments: 1. The Board shall not consider any representations made by the petitioner that, if the change is granted, the rezoned property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the Board shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification. 2. The Board shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the impact of the proposed change on the public at large. 902.6 Protests to Zoning District Changes A. If a petition opposing a change in the zoning classification is filed in accordance with the provisions of this section, then the proposed amendment may be adopted only by a favorable vote of three -fourths of the Board membership. B. To trigger the three -fourths vote requirement, the petition must: 1. Be signed by the owners of twenty percent or more either of (i) the lots included in a proposed change, or (ii) the lots within 100 feet of either side or the rear of the tract to be rezoned, or (iii) the lots directly opposite the tract to be rezoned and extending 100 feet from the street frontage of such opposite lots. 2. 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. 3. Be received by the town clerk in sufficient time to allow the town at least.two normal working days before the date established for a public hearing on the proposed amendment to determine the sufficiency and accuracy of the petition. 4. Be on a form provided by the town clerk and contain all the information requested on this form.