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Town of Plymouth
Municipal Zoning Ordinance
Adopted September 12, 1983
(as amended through October, 1996)
Table of Contents
ARTICLE I. GENERAL PURPOSE AND LEGAL AUTHORITY
Section 1.1
Intent
Section 1.2
Authority
Section 1.3
Title
Section 1.4
Interpretation, Purpose and Conflict
Section 1.5
Validity
ARTICLE II.
Section 2.1
Section 2.2
Section 2.3
ARTICLE III.
Section 3.1
Section 3.2
ARTICLE IV
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Section 4.5
Section 4.6
Section 4.7
Section 4.8
Section 4.9
ARTICLE V.
Section 5.1
Section 5.2
Section 5.3
ARTICLE VI.
Section 6.1
Section 6.2
Resolution
Repeal
Jurisdiction
INTERPRETATION AND DEFINITIONS
Phrases/Terminology
Word Interpretations
FIMMILWOM10M
Equitability
Agricultural Activities
Areas of Environmental Concern
Uses of Land and Structures
One Principal Building
Lot Reduction
Substandard Lots of Record
Adjoining/Vacant Lots of Record
Newly -Incorporated Areas
NONCONFORMING LOTS, NONCONFORMING USES OF
LAND, NONCONFORMING USES OF STRUCTURES
Nonconforming Lots
Nonconforming Uses of Land
Nonconforming Structures
ESTABLISHMENT, DELINEATION, AND
INTERPRETATION OF ZONING DISTRICT BOUNDARIES
Specified Districts
Official Zoning Map
Section 6.3 Updating of Map
Section 6.4 Interpretation of Boundary Lines
ARTICLE VII. DISTRICT REGULATIONS
Section 7.1
C - Conservation District
Section 7.2
R20 - Single -Family Residential District (low density)
Section 7.3
R20A - Single -Family Residential District (low density
with individual mobile homes)
Section 7.4
R15 - Single -Family Residential District (medium density)
Section 7.5
R10 - Single -Family Residential District (medium density
with duplex units)
Section 7.6
R7 - Multi -Family Residential District (high density)
Section 7.7
R7A - Multi -Family Residential District (mixed high
density)
Section 7.8
OI - Office and Institutional District
Section 7.9
C 1 - Central Business District
Section 7.10
RDO - Riverfront Development Overlay District
Section 7.11
C2 - Highway Business District
Section 7.12
IL - Light Industrial District
Section 7.13
IH - Heavy Industrial District
ARTICLE VIII. GENERAL PROVISIONS
Section 8.1
Mobile Home(s)
Section 8.2
Mobile Home Parks
Section 8.3
Mobile Home Park Design
Section 8.4
Sign(s) and Outdoor Advertisement Billboard(s)
Section 8.5
Off -Street Parking
Section 8.6
Multi -Family Housing
Section 8.7
Curb Cuts
Section 8.8
Off -Street Loading
Section 8.9
Home Occupations
Section 8.10
Satellite Receivers
ARTICLE IX. ADMINISTRATION AND ENFORCEMENT
Section 9.1
Enforcing Officer
Section 9.2
Duties of Zoning Administrator
Section 9.3
Enforcement Actions
Section 9.4
Certificate of Compliance
Section 9.5
Compliance Procedures
Section 9.6
Processing of Applications
Section 9.7
Violation of Ordinance
Section 9.8
Penalties for Violations
Section 9.9 Misrepresentations and Misunderstandings
Section 9.10 Fee Schedule
ARTICLE X. BOARD OF ADJUSTMENT
Section 10.1
Creation of the Board
Section 10.2
Appointment of Members
Section 10.3
Qualifications of Members
Section 10.4
Board of Adjustment Meetings
Section 10.5
Responsibilities of the Board of Adjustment
Section 10.6
Appeals
Section 10.7
Hearing Procedures
Section 10.8
Variances
ARTICLE XI. CHANGES AND AMENDMENTS
Section 11.1
Responsibility
Section 11.2
Notice and Public Hearing
Section 11.3
Planning Board Responsibility
Section 11.4
Planning Board Composition
Section 11.5
Planning Board Appointments
Section 11.6
Public Dissent
Section 11.7
Final Action
ARTICLE XII. CONDITIONAL USES
Section 12.1 General
Section 12.2 Effect Upon Conditional Uses
Section 12.3 Requirements for Certain Conditional Uses
Section 12.4 Site Plan Review
APPENDIX 1 ZONING DISTRICT SCHEDULE
APPENDIX 2 GENERAL DISTRICTS REQUIREMENTS GUIDE
APPENDIX 3 ZONING MAP
ARTICLE L GENERAL PURPOSE AND LEGAL AUTHORITY
Section 1.1 Intent
The zoning regulations and districts herein set forth in this ordinance have been prepared in
concern with the Plymouth Land Use Plan for the express purpose to promote the orderly development
of the municipality. In so doing, the health, safety, morals, and general welfare of the municipality may
be served by limiting problems associated with vehicular traffic congestion; securing safety from the
potential damages of fire, panic, or natural disaster; providing light and air for all citizens, prohibiting
the unsafe, unhealthful overcrowding of land; and promoting the facilitation of proper services inclusive
of transportation, water, sewer, electricity, schools, parks, in such a manner that the overall plan will be
served and properly implemented. Also, through the application of this ordinance, those areas having
environmental qualities (Areas of Environmental Concern) which should be preserved or developed in
a judicious manner will be guided to insure their existence for future generations. Within the context of
this purpose, all requirements and/or restrictions have been developed with reasonable consideration of
all factors inclusive of the suitability of use of land, value of property and buildings, and the general
needs of the populace.
Section 1.2 Authority
The provisions of this ordinance are adopted under the authority granted by the General
Statutes of the State of North Carolina - Chapter 160A, Article 19, Section 381.
Section 1.3 Title
The official title of this ordinance shall be know as the Zoning Ordinance of the Town of
Plymouth, North Carolina, may be further cited as the Zoning Ordinance.
Section 1.4 Interpretation. Purpose and Conflict
In the interpretation and application, the provision of this ordinance shall be held to be
minimum requirements, adopted for he promotion of the public health, safety, morals, and general
welfare. -Wherever the requirements of this ordinance are at variance with other requirements of the
lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or
that imposing the highest standards shall govern.
Section 1.5 Validity
Should any section or provision of this ordinance be declared invalid by the courts, such
decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part
so declared to be invalid.
ARTICLE II. ADOPTION
Section 2.1 Resolution
The Town Council of Plymouth, North Carolina do hereby adopt the following:
An ordinance properly regulating and restricting the height, size, location, and other open land
spaces; the location and standards of certain land use activities inclusive of commercial, industrial, and
residential uses through the creation of districts with recognized boundaries and regulatory controls for
the expressed stated purpose (Section 1.1) to promote orderly development for the general welfare of
the citizens of Plymouth, North Carolina.
In so doing, the Town Council does accept this ordinance and the accompanying official map
as the instruments of interpretation and enforcement.
Furthermore, the town Council provides for a Board of Adjustment, appeals procedures, and
the imposition of penalties in order to assure the equitable enforcement of this ordinance and its intent.
The Town Council of Plymouth, North Carolina do ordain as
follows to be in full force and effect this, the 12th day
of September, 1983.
Section 2.2 Repeal
Upon date of adoption (Section 2.1), all provisions of the Zoning Ordinance and its
amendments previously enforced by the Town of Plymouth are hereby repealed, except for such
actions expressly retained herein.
Section 2.3 Jurisdiction
The provisions of this ordinance shall be applicable within the corporate limits of the Town of
Plymouth and the extraterritorial limits as adopted under the General Statutes 160A-360 of the State of
North Carolina.
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ARTICLE IIL INTERPRETATION AND DEFINITIONS
Section 3.1 Phrases/Terminology
For the purpose of this ordinance, certain words shall be interpreted as follows. Except as
defined herein, all other words shall have their customary dictionary definition as would be applicable.
3.1-1 Accessory Use: A use customarily incidental and subordinate to the primary use of building
and located on the same lot with such use of building, but not to include open-air storage or
facilities housing more than four animals of any kind.
3.1-2 Administrator, Zoning: The person whom the Town Council has designated as its agent for
administration and enforcement of this ordinance and subsequent regulations.
3.1-3 Allev: Includes "passageway" as a thoroughfare through the middle or in the rear of a block
affording access to the rear of property and/or buildings.
3.1-4 Bed & Breakfast Inn: A single-family dwelling which rents a room or rooms without cooking
facilities and which provides a breakfast meal but no other meals for guests on the premises.
3.1-5 Billboard: Inclusive of 'outdoor signs" and "outdoor advertisements," meaning any sign
(including a standard poster pane), either free-standing or attached to a structure which directs
attention to a business, commodity, service, entertainment, or other activity conducted, sold, or
offered elsewhere than on the premises on which the sign is located.
3.1-6 Building: A structure with a roof supported by columns or walls, intended to provide shelter
for persons, property, animals, or business activity. Includes roof, gutters, walls, downspout,
porches, foundations, crawl spaces, windows, floors, and doors. The term is inclusive of the
words "structure" and "establishment".
3.1-7 Building Line: Inclusive of "setback line," denoting the line on the front, rear, and sides of a
lot, established according to the zoning district regulations set herein, delineating the area upon
which a building may be erected and/or maintained.
3.1-8 Church. Club, or Private Lodge: An incorporated or unincorporated association for civic,
social, cultural, religious, fraternal, literary, political, recreational, or hike activities operated on
a nonprofit basis for the primary benefit of its members.
3.1-9 Curb Cut: Inclusive of "driveway" referring to a lowered or cut -away (paved or unpaved) curb
for purposes of ingress or egress to property abutting a public street.
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3.1-10 Dwelling: A building, or portion thereof, inclusive of "residence" defined as providing
complete living facilities; inclusive of eating, sleeping, and bath facilities.
3.1-11 Dwelling, Multi -Family: Inclusive of "apartments", "condominiums," and "townhouses," as a
residence designed for occupation by three or more families with separate living facilities for
each.
3.1-12 Dwelling,, Single -Family: A detached residential designed for occupation by one family only.
3.1-13 Dwelling, Two -Family: Inclusive of "duplex" defined as a residence designed for occupation
by two single-family only with separate living facilities for each.
3.1-14 Extraterritorial Area: Inclusive of "extraterritorial district," "extraterritorial planning area," and
"extraterritorial planning district" meaning the proprieties or land beyond the corporate limits of
the Town of Plymouth, adopted in accordance with the North Carolina General Statutes 160A
360.
3.1-15 Family. One or more persons occupying a premise(s) or residence, living as a single
housekeeping unit, as distinguished from a group occupying a boarding house, fraternity,
sorority, or transient resident(s) (ie. motel, hotel occupants).
3.1-16 Familv Care Home: A home with support and supervisory personnel that provides room and
board, personal care and habilitation services in a family environment for not more than six
resident handicapped persons.
3.1-17 Frontage: The distance between the two side lot lines as measured along the front setback line.
3.1-18 Handicapped Person: A person with a temporary or permanent physical, emotional, or mental
disability including but not limited to metal retardation, cerebral palsy, epilepsy, autism, hearing
and sight impairments, emotional disturbances and orthopedic impairments, but not including
mentally ill persons who are dangerous to others as defined by G.S. 122C-3(11)b.
3.1-19 Home Occupation: An occupation for gain in a residence by a person or family residing
therein.
3.1-20 Home Professional Office: The office, studio, or occupational room of a doctor, dentist,
architect, musician, tutor, instructor, professional engineer or surveyor, attorney, realtor or
insurance agent or similar professional person(s) providing services when:
1. such use is conducted within a residence occupied by the practitioner,
2. no other persons are engaged in the occupation, and
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3. there is no display of goods or of advertising, other than an identification sign.
3.1-21 Hotel: Inclusive of "motel," "tourist home," and "boarding house" defined as a commercial
structure in which sleeping accommodations are provided and offered to transient visitors for
compensation.
3.1-22 Ju ard: Inclusive of "salvage yard" as a location for indoor and/or outdoor storage, sale or
resale of junk including scrap materials of metal, rags, paper, lumber, structural steel,
equipment, or assortment thereof, or for the dismantling, demolition and/or abandonment of
automobiles, boats, and other vehicles or machinery.
3.1-23 Kennels: A fenced in, or enclosed structure or structures, facility or facilities in which actual or
intended use is to domicile more than four (4) dogs or other domesticated animals.
3.1-24 Lot: Inclusive of "parcel' denoting a land of sufficient size to meet minimum zoning
requirements for use, coverage and area, and to provide such years and other open spaces as
are required herein. Such lot may consist of the following:
1. singe lot of record;
2. portion of a lot of record;
3. combination of complete lots of record, of complete lots of record and portions of lots
of record, or of portions of lots of record; or
4. parcel of land described by metes and bounds, provided that in no case of division or
combination shall any residual lot or parcel be created which does not meet the
requirements of this ordinance.
3.1-25 Lot. Corner: A lot which occupies the interior angle at the intersection of two street lines
which make an angle of more than 45 degrees and less that 135 degrees with each other. The
street line forming the least frontage shall be deemed the front of the lot except where the two
street lines are equal, in which case the owner shall be required to meet the applicable standards
of this ordinance.
3.1-26 Lot, Depth: The mean arithmetic horizontal distance between front and rear lot lines.
3.1-27 Lot of Record: A lot which is part of a subdivided plat which has been recorded in the Office
of the Register of Deeds of Washington County no later than the day of the adoption of this
ordinance, or a lot described by metes and bounds, the description of which has been recorded
by the aforementioned time.
3.1-28 Lot Width: The arithmetic mean horizontal distance between size lot lines.
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3.1-29 Mobile Home: A dwelling unit that:
a. is not constructed in accordance with the standards set forth in the North Carolina
State Building Code for site -built homes and
b. is composed of one or more components, each of which was substantially assembled in
a manufacturing plant and designed to be transported to the home site or its own
chassis, and
C. in traveling mode is forty (40) feet or more in length and eight (8) feet or more in
width.
d. bears a permanent label or seal of compliance in accordance with N.C.G.S. 143-149.
N.C.G.S.143-149(6)
"Label. -f Compliance" shall mean a permanent label or seal permanently
attached to a manufactured home at completion of construction thereof which
is issued by any independent, solvent, and trustworthy person approved and
licensed by the Council (N.C. State Building Council) as being competent and
as having and utilizing initial and follow-up manufacturing inspection services
which provide the highest degree of quality control, and on which seal or label
shall be recorded:
1. The person issuing such label or seal and the serial number of
the label or seal;
2. The serial number or other identification number of said
manufactured home;
3. A certification that said manufactured home was evaluated,
tested, and inspected in accordance with the standards and
rules and regulations prescribed in this Article.
3.1-29.1 Mobile Home Class A. A mobile home constructed after July 1, 1976, that meets or
exceeds the construction standards promulgated by the U.S. Department of Housing and Urban
Development that were in effect at the time of construction and that satisfies each of the following
additional criteria:
a. The mobile home has a length not exceeding four (4) times its width;
b. The pitch of the mobile homes roof has a minimum vertical rise of one (1) foot for each
five (5) feet of horizontal run, and the roof is finished with a type of shingle that is
commonly used in standard residential construction;
C. The exterior siding consists of wood, hardboard, aluminum or vinyl (that does not
exceed the reflectivity of gloss white paint) comparable in composition, appearance,
and durability to the exterior siding commonly used in standard residential
construction;
d. A continuous, permanent masonry foundation, unpierced except for required
ventilation and access, is installed under the home;
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e. Stairs, porches, entrance platforms and other means of entrance and exit to the home
shall be installed or constructed in accordance with the standard set by the North
Carolina Department of Insurance; and
f. The moving hitch, wheels and axles, and transporting lights have been removed.
3.1-29.2 Mobile Home Class B. A mobile home constructed after July 1, 1976, that meets or
exceeds the construction standards promulgated by the Department of Housing and Urban
Development that were in effect at the time of construction but that does not satisfy all of the criteria
necessary to qualify the house as a Class A mobile home.
3.1-29.3 Mobile Home Class C. Any mobile home that does not meet the definitional criteria of
a Class A or Class B mobile.home.
3.1-30 Mobile Home Park: Any tract of land upon which five or more mobile homes occupied for
dwelling or sleeping purposes are located, regardless of whether or not a charge is made for
such service on any site or tract of land designed for such occupancy.
3.1-31 Modular Home: A dwelling unit constructed in accordance with the standards set forth in the
North Carolina State Building Code and composed of components substantially assembled in a
manufacturing plant and transported to the building site for final assembly on a permanent
foundation. Among other possibilities, a modular home may consist of two or more sections
transported to the site in a manner similar to a mobile home (except that the modular home
meets the N.C. State Building Code), or a series of panels or room sections transported on a
truck and erected or joined together on the site.
3.1-32 Non -conforming Use: Any structure and/or use of land which does not conform with the
permitted uses for the zoning district in which it is located, either at the effective date of this
ordinance, or as a result of subsequent amendments to this ordinance.
3.1-33 Nursing Home: Inclusive of "convalescent home," "rest home," or "elderly Home" described a
as health facility where persons are housed and furnished with meals and continuing nursing
care for compensation, either on a part-time or full-time basis.
3.1-34 Open -Air Storage: The keeping, stacking, or storing of goods without the benefit of structural
shelter.
3.1-35 Principal Use: The principal or primary use for which a lot or the main structure thereon is
designed, arranged, or intended and for which it is or may be used, occupied, or maintained.
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3.1-36 Satellite Receivers: A satellite receiver is a structure designed to receive television broadcasts
relayed by microwave signals from earth -orbiting communications satellites and is in excess of
four feet in diameter or five feet in height from the base to the top of the antenna.
3.1-37 Service Station: Inclusive of "gas station" and "filling station" as a building or lot dedicated to
the rendering of automotive services such as the sale of gasoline, oil, grease, and accessories,
and the minor repair of automobiles such as tune-ups, brake adjustment, and tire changes, and
excluding body working, overhauling, painting and other specialized services.
3.1-38 Shopping Center: Inclusive of "convenience center", "shopping mall", and "commercial
center" defined as more than two commercial establishments planned and constructed as a
single unit with off-street parking and loading facilities provided on the property and related in
location, size, and type of shops to the general trade area in the vicinity.
3.1-39 Sinn: A device (stationary or transportable) designed to inform, direct, or attract the attention
of persons not on the premises on which the sign is located as pulled out in Section 8.4.
3.1-40 Street: A dedicated and accepted public right-of-way for vehicular traffic which affords the
principal means of access to abutting property.
3.1-41 Travel Trailer: Any structure which:
1. consists of a single unit completely assembled at the factory,
2. is designed so that the total structure can be transported on its own chassis,
3. is not over 32 feet in length and eight feet in width, and
4. may be used as a dwelling unit (term is inclusive of camper, mini -mobile home, etc.)
3.1-42 Variance: A variance is a relaxation of the specific terms of a zoning ordinance. A variance
may be made where, owing to conditions peculiar to the property - not the result of the actions
of the applicant, a literal enforcement of the regulations would result in unnecessary and undue
hardship. Variance(s) are granted by the Board of Adjustment who must adhere to certain
rules and regulations as set forth in this ordinance.
3.1-43 Yard: Required open space unoccupied an unobstructed by any structure or portion of a
structure from ground to sky, except as provided herein.
3.1-44 Yard, Front: Required open space across the front of a lot measured from side lot line to side
lot line and lying between the front property line and the front building setback line.
3.1-45 Yard, Side: Required open space extending along either side of a lot measured from front
setback line to the rear setback line and lying between the side lot line and the. side setback line.
N.
3.1-46 Yard, Rear: Required open space extending across the rear of a lot measured from side lot line
to side lot line and lying between the rear property line and the rear building setback line.
(NOTE: A rear yard may be used for an accessory building provided no structures, temporary
or permanent, be constructed within five feet of any property line.)
Section 3.2 Word Interpretations
For the purpose of this ordinance, the following terms shall be interpreted as stated:
3.2-1 The present tense includes future tense and future tense includes the present tense.
3.2-2 The singular number. includes the plural number and plural number includes the singular
number.
3.2-3 The word MAY and SHOULD are permissive.
3.2-4 The word SHALL is mandatory and not merely directory.
3.2-5 The word MAP shall mean the official zoning map of the Town of Plymouth adopted pursuant
to this ordinance.
3.2-6 The word ORDINANCE shall mean the official zoning ordinance of the Town of Plymouth.
3.2-7 The words TOWN or CITY shall mean Plymouth, North Carolina, a municipal corporation.
3.2-8 The word BOARD shall mean the Planning Board of Plymouth, North Carolina, unless
otherwise noted.
3.2-9 The words TOWN COUNCIL shall mean the Town Council of Plymouth, North Carolina.
3.2-10 The words BOARD OF ADJUSTMENT shall mean the Town of Plymouth Board of
Adjustment.
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ARTICLE IV. APPLICATION
Section 4.1 Eq_uitabilitx
The regulations contained in this ordinance for each district shall be applied in an equal and
impartial manner to all property within each district throughout the Town of Plymouth and the
extraterritorial planning districts.
Section 4.2 Agricultural Activities
Agricultural activities will be allowed only within the extraterritorial planning jurisdiction of the
town. Livestock operations of more than 10 animals per acre will be prohibited, and all food animal
operations shall require a 1001oot vegetative buffer along property lines bordering non-agricultural
uses and natural or manmade waterways.
Section 4.3 Areas of Environmental Concern
The following areas outlined in Section 4.3-1, 4.3-2, 4.3-3 are those Areas of Environmental
Concern as defined in G.S. 113A affected by the application of this ordinance within the jurisdiction of
the Town of Plymouth. The enforcement of this ordinance within these designated areas or lands
affecting such areas should be wholly consistent with the development policies and regulations
prescribed in the Coastal Area Management Act of North Carolina. All development standards and
permits required under the Act will take precedence over the standards and regulations set forth in this
ordinance.
4.3-1 Estuarine Waters
Estuarine waters are defined in G.S. 113A-113(b) as "all the water of the Atlantic Ocean within
the boundary of North Carolina and all the waters of the bays, sounds, rivers, and tributaries
thereto seaward of the dividing line between coastal fishing waters and inland fishing waters, as
set forth in an agreement adopted by the Wildlife Resources Commission and the Department
of Environment, Health, and Natural Resources filed with the Secretary of State, entitled
Boundary Lines, North Carolina Commercial Fishing -- Inland Fishing Waters,' revised to
March 1, 1965."
4.3-2 Estuarine Shorelines
They consist those non -ocean shorelines which are especially vulnerable to erosion, flooding,
or other adverse effects of wind and water and are intimately connected to the estuary. This
area extends from the mean high water level or normal water level along the.estuaries, sounds,
bays, and brackish waters as set forth in an agreement adopted by the Wildlife Resources and
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the Department of Environment, Health, and Natural Resources for a distance of 75 feet
landward.
4.3-3 Public Trust Areas
Public trust areas are all waters of the Atlantic Ocean and the lands there under from the mean
high water mark to the seaward limit of state jurisdiction; all natural bodies of water subject to
measurable lunar tides and lands there under to the mean high water mark; all navigable natural
bodies of water and lands thereunder to the mean high water level or mean water level as the
case may be, except privately -owned lakes to which the public has no right of access; all water
in artificially created bodies of water containing significant public fishing resources or other
public resources which are access to the public by navigation; and all waters in artificially
created bodies of water in which the public has acquired right by prescription, custom, usage,
dedication, or any other means. In determining whether the public has acquired rights in
artificially created bodies of water, the following factors shall be considered.
4.3-3(a) Use of the body of water by the public.
4-3-3(b) Length of time the public has used the area.
4-3-3(c) Value of public resources in the body of water.
4-3-3(d) Whether the public resources in the body of water are mobile to the
extent that they can move_ into natural bodies of water.
Section 4.4 Uses of Land and Structures
The following regulations are applicable to all uses of land and structures in the jurisdiction and shall be
enforceable upon the effective date of this ordinance:
4.4-1 Conforming Use
Land and structures or the uses of land and structures, which conform with the regulations for
the district in which it is located, may be continued provided that any structural change or
alteration or change in use shall conform with the provisions of this ordinance.
4.4-2 New Uses of Construction
All new construction or use of land shall conform with the use and dimensional requirements
for the district in which it is to be located.
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4.4-3 Nonconformini Uses
Land or structures or uses of land and structures, which would be prohibited under the
regulations for the district in which it is located, shall be considered as nonconforming uses.
Nonconforming uses or structures shall be allowed to continue under the appropriate
provisions spelled out in this ordinance.
Section 4.5 One Principal Building
No lot shall be occupied by more than one principal building. No portion of a yard, court, or other
open space provided about any building or structure for the purpose of complying with the provisions
of this ordinance shall be included as a part of a yard or other open space required under this ordinance
for another building or structure. "A residence shall always be considered the principal use of a lot.
Section 4.6 Lot Reduction
No yard or lot existing at the time of the passage of this ordinance shall be permitted to be reduced in
size or area below the minimum requirements set forth herein. Yards or lots created after the effective
date of this ordinance shall meet at least the minimum requirements established by this ordinance.
Section 4.7 Substandard Lots of Record
Where the owner of a lot at the time of the adoption of this ordinance (or his successor in title there to)
does not own sufficient land to enable him to meet the minimum dimensional requirements of this
ordinance, such lot may be used as a building site provided that the lot width and lot area are not more
than 20% below the minimum specified in this ordinance or other dimensional requirements cannot be
met, the Board of Adjustment is thus authorized to approve as a variance such dimensions as shall
conform as closely as possible to the applicable, required dimensions.
Section 4.8 Adjoining/Vacant Substandard Lots of Record
If two or more adjoining lots of record are in single ownership at any time after the adoption of this
ordinance and such lots individually have less frontage or area than the minimum requirements of the
applicable district, such lots shall be considered as a single lot or several lots which meet the minimum
requirements of the district in which the lots are located.
Section 4.9 Newly -Incorporated Areas
All territory which may hereafter be included within the zoning jurisdiction of Town of Plymouth shall,
within one year after formal designation by the Town Council, be appropriately zoned by the Town
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Planning Board. Until such time, all property herein described shall be placed in the (R20) residential
district and those regulations governing that district shall apply.
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ARTICLE V. NON -CONFORMING LOTS, NONCONFORMING
USES OF LAND, NONCONFORMING USES OF STRUCTURES
It is the intent of this ordinance to permit nonconformities to list only until such time as they are
removed or cease to operate as uses. The application of this ordinance should in no way encourage
their existence or perpetuate them as nonconforming uses of land. In so doing, the expansion,
enlargement, or extension of nonconforming uses will not be permitted. Also, the existence of
nonconforming uses should not be constructed as an allowance for adding structures or uses or adding
to other structures or uses prohibited or uses prohibited elsewhere in the same district.
Section 5.1 Nonconforming Lots
Where the owner of a lot at the time of the adoption of this ordinance or this successor in title thereto
does not own sufficient land to enable him to conform to the dimensional requirements of this
ordinance, a building permit may be granted, provided that the lot width and lot area are not more than
20% below the minimum specified in this ordinance as determined by the local Zoning Administrator.
If two or more adjoining and vacant lots of record are in single ownership at any time after the
adoption of this ordinance and such lots individually have less frontage or area than the minimum
requirements of the district in which the lots are located, such lots shall be considered as a single lot or
several lots which meet the minimum requirements of this ordinance for the district in which such lots
are located.
Section 5.2 Nonconforming Uses of Land
Where at the time of passage of this ordinance, lawful use of land exists which would not be permitted
by the regulations and guidelines imposed by this ordinance for the district in which such lots are
located, the use of land may be continued so long as it remains otherwise lawful provided:
5.2-1 No such nonconforming use shall be enlarged or increased, nor extended to occupy a
greater area of land than was occupied at the effective date of this ordinance.
5.2-2 No such nonconforming use shall be moved in whole or in part to any portion of the lot
or parcel other than that occupied by the such use at the effective date of this
ordinance.
5.2-3 If any such nonconforming use of land ceases for any reason for a period of period of
more than 180 days, any subsequent use of the land shall conform to the regulations
specified for the district in which the land is located.
5.2-4 Any nonconforming use of land may be change to a conforming use. (USES cannot
receive a "variance" from any board or council. Uses can only be allowed by formally
amending the ordinance to allow them. Only dimensional requirements or, in some
14
cases, conditions placed on conditional uses can receive a "variance" through the Board
of Adjustment.)
Section 5.3 Nonconformina Structures
Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that
could not be built under the current terms of this ordinance by reason of restrictions on area, lot
coverage, height, yards, its location on the lot, or other requirements that may be included within this
ordinance, the structure may be continued so long as it remains lawful subject to the following
provisions and conditions:
5.3-1 A nonconforming structure can only be enhanced upon or altered if the nature of the
alteration does not increase the nonconformity of the structure.
5.3-2 Should such nonconforming structure or nonconforming portion(s) of a structure be
destroyed by any means to an extent which exceeds 50% of its replacement cost at the
time of destruction as determined by the local Building Inspector, it shall not be
reconstructed except in conformance with the provisions of this ordinance. Any
replacement involving work equaling less than 50% of the cost at time of destruction
shall be completed within one year of that date. Should this replacement not take place
within this time period, the rights under provision of this section will not be valid and
no building permit be granted for purposes other than for activities in conformance
within this ordinance.
5.3-3 Should a structure (nonconforming or conforming) be moved for any reason, it shall
thereafter conform to the regulations for the district in which it is located after it is
moved.
5.3-4 Normal maintenance and routine repair of a nonconforming structure will be permitted
as long as the maintenance or repair cannot be construed to add, extend, or intensify
the nonconforming structure or nonconforming portion(s).
5.3-5 Nonconforming mobile homes may not be rebuilt, replaced, or returned to the lot after
it is removed. Any mobile home that is damaged by any means greater than 50% of its
replacement cost shall be removed and shall not be rebuilt, replaced, or returned.
15
ARTICLE VL ESTABLISIVYIE VT, DELINEATION, AND
INTERPRETATION OF ZONING DISTRICT BOUNDARIES
Section 6.1 Specified Districts
For the purpose of this ordinance, the Town of Plymouth and its extraterritorial jurisdiction are hereby
divided into the following districts with appropriate designation and zoning purpose for each.
C - Conservation District
R20 - Single -Family Residential District (low density)
R20A - Single -Family Residential District (low density with individual mobile homes)
R15 - Single -Family Residential District (medium density)
R10 - Single -Family Residential District (medium density with duplex units)
R7 - Multi -Family Residential District (high density)
R7A - Multi -Family Residential District (mixed high density)
OI - Office and Institutional District
Cl. -
Central Business District
C2 -
Highway Business District
RDO -
Riverfront Development Overlay District
IL -
Light Industrial District
IH -
Heavy Industrial District
Section 6.2 Official Zonine Mao
The boundaries of the districts shown on the map are made a part of this ordinance (see Appendix 1)
and also shown as the Official Zoning Map posted for public inspection at the Town Hall of Plymouth.
The zoning map and all notations, references, and amendments thereto are designated as the official
instruments for the implementation and application of all regulations governing the districts above.
Section 6.3 Updating of MaD
The Planning Board shall require the Zoning Administrator to make all necessary changes in the
Official Zoning Map no later than 30 days after official amendments and/or other action is certified. All
maps prepared for public distribution will be updated on an annual basis as of January 1 of each
calendar year.
Section 6.4 Interpretation of Boundga Lines
The following rules will apply in the interpretation of all district boundary lines:
lEel
6.4-1 Location: All boundary lines are intended to be along or parallel to established property lines,
lot lines, the center line of streets, alleys, railroad easements, geographic features (ie. creeks,
streams), or designated rights -of -way.
6.4-2 Responsibility of Interpretation: Any discrepancy between a street or property layout on the
ground and the zoning map shall be interpreted by the Board of Adjustment. All
interpretations shall be consistent across district boundary lines.
17
ARTICLE VI L DISTRICT REGULATIONS
Section 7.1 C - Conservation District
The purpose of this district is to retain those areas that at least suitable for development on any
scale. This designation is base upon soil type, flood plain, or other fragile features that threaten the
safety and well being of any citizen who may wish to build a structure on such property. Due to the
soil types and general topography of the municipality of Plymouth, it is essential that such designations
be made and observed for good, sound planning judgments. In so doing, the town will preserve certain
natural features which enhance the quality of life for all citizens.
7.1-1 Land Use Compatibility The character of this district's designation is wholly compatible with
such areas designated as "conservation" in the most current Plymouth Land Use Plan under the
provisions of the Coastal Area Management Plan (CAMA). Wherever possible, the district
should coincide with such classifications and be treated with similar intent.
7.1-2 Permitted Uses:
7.1-2(a) Horticultural uses inclusive of the retail sale of products on the property where
produced.
7.1-2(b) Low intensity public and private recreational uses or facilities of a
noncommercial nature inclusive of a boat access, open space park, ball fields,
bikeway, hiking trails, and greenways.
7.1-2(c) Tree farming and other forestry related activities.
7.1-3 Conditional Uses:
7.1-3.1 Article XII of this ordinance and the Use Tables which follow describe uses which
might be allowed in each district, subject to certain conditions.
For this district, the conditional uses are:
-Golf Courses
-Public Utility facilities
7.1-4 Dimensional and Structural Requirements: The following will outline the specifications under
which structures will be permitted to be constructed.
7.1-4(a) Barriers: No structures or barriers will be permitted which impede the normal
flow of water or adversely affect the water holding capacity of the property as
provided for under the State Ground Absorption Act.
7.1-4(b) Enclosed Structures: No enclosed structure will be permitted unless required
for the normal occurrence of permitted activities (i.e. public . restrooms, picnic
shelters, storage facilities).
7.1-4(c) Covered Surface: Maximum lot coverage for placement of impervious
surfaces will be 30%.
7.1-4(d) Land Clearance: All clearance of vegetation will be held to a minimum with
only essential clearance permitted.
19
Section 7.2 R20 - Single -Family Residential District (low densityl
This district is intended to provide areas of low density development for the purposes of higher
property values or public health concerns. Within the jurisdiction of this ordinance, constraints may be
placed on residential and commercial development by soil limitations with respect to percobility
(capacity to absorb effluent). These are areas which are not presently served by the municipal water
and sewer system of Plymouth. In order to ensure a healthful development pattern, any single-family
dwelling in this district is required to have a minimum of 20,000 square feet. Where conditions
warrant, the lot size should be larger to accommodate and protect health -related needs of the property
and the surrounding residents. The size and approval of residential development will be based upon
documentation of favorable percolation tests. These results must be provided by the county Sanitarian
for any residences located in this area. This test will be paid for by the individual, builder, or developer.
7.2-1 Land Use Compatibility: The character of this district provides for low -density development
without provisions of water and sewer service generally limited to the extraterritorial planning
jurisdiction. Wherever possible, the districts should coincide with those land classifications of
"rural" and "community" as set forth in the most current Plymouth Land Use Plan under the
provisions of the Coastal Area Management Act.
7.2-2 Permitted Uses:
7.2-2(a) Residential accessory uses (i.e. garage, private workshop).
7.2-2(b) Single-family residences excluding mobile homes on individual lots.
7.2-2(c) Agricultural uses inclusive of tree farming and row crops, but not intensive
livestock operations.
7.2-2(d) Horticultural uses inclusive of retail sales of products on the property where
produced (i.e. greenhouses/nurseries).
7.2-2(e) Public and private recreational uses or facilities of a noncommercial nature.
7.2-2(f) Family Care Homes, as defined in Article III of this ordinance.
7.2-3 Conditional Uses:
7.2-3.1 Article XII of this ordinance and the Use Tables which follow describe uses which
might be allowed in each district, subject to certain conditions. For this district,
those are:
-Child care/day care/kindergarten
-Churches
-Golf Courses
-Home Occupations
-Public or private school facilities
-Public utility facilities
20
7.2-4 Dimensional. Setback and Structural Requirements: The following will outline specifications
under which structures will be permitted to be constructed.
7.2-4(a) Minimum Lot Dimensions
Lot Area
20,000 square feet
Lot width at front setback line
100 feet
Lot depth
150 feet
Side yard setback (each side)
15 feet
Side yard setback (abutting street)
20 feet
Front yard setback
30 feet
Rear yard setback
25 feet
7.2-4(b) Structure/Lot Coverage
Maximum residential coverage area
(40%) (inclusive of carport, accessory
buildings, and any other impermeable
surface) 8,000 square feet
7.2-4(c) Heittt
Maximum height of structures 35 feet
Maximum height of auxiliary household
equipment 55 feet
7.2-5 Supplemental Regulations: The following represent special considerations guiding the
development of land permitted within this district.
7.2-5(a) Off -Street Parking: The required off-street parking allowances are provided in
Section 8.5 of this ordinance.
7.2-5(b) Corner Visibility: No visual obstruction will be permitted within five feet of
either of two intersecting streets.
7.2-5(c) Signs: All signs permitted in this district shall be in compliance with Section
8.4 of this ordinance.
7.2-5(d) Accessory Buildings: Permitted accessory buildings require a minimum 5 foot
back yard setback and 5 foot side yard setback.
7.2-5(e) Accessory Structures: Erection of animal shelters, animal cages, or animal
pens in front yards or side yards is not permitted.
21
Section 7.3 R-20A - Single -Family Residential District (low density with individual mobile
homes
This district will provide for the low -density development of properties in areas not adjacent to
entryway corridors for the town. Individual mobile homes will be allowed provided all prevailing
requirements of this ordinance and associated Washington County Health Department regulations are
complied with.
7.3-1 Land Use Compatibility: The character of this district provides for low -density development
without provisions of water and sewer service generally limited to the extraterritorial planning
jurisdiction. Wherever possible, the districts should coincide with those land classifications of
"rural" and "community" as set forth in the most current Plymouth Land Use under the
provisions of the Coastal Area Management Act.
7.3-2 Pennitted Uses:
7.3-2(a) Residential accessory uses (Le. garage, private workshop).
7.3-2(b) Single-family residences including mobile homes on individual lots.
7.3-2(c) Agricultural uses inclusive of tree farming and row crops, but not intensive
livestock operations.
7.3-2(d) Horticultural uses inclusive of retail sales of products on the property where
produced (Le. greenhouses/nurseries).
7.3-2(e) Public and private recreational uses or facilities of a noncommercial nature.
7.3-2(o Class A & B Mobile Homes on individual lots which meet applicable standards.
7.3-2(g) Family Care Homes, as defined in Article III of this ordinance.
7.3-3 Conditional Uses:
7.3-3.1 Article XII of this ordinance and the Use Tables which follow describe uses which
might be allowed in each district, subject to certain conditions. For this district,
those uses are:
-Child care/day care/kindergarten
-Churches
-Home Occupations
-Public or private school facilities
-Public utility facilities
7.3-4 Dimensional. Setback, and Structural Requirements: Same as R20 - Single -Family Residential
District (see Section 7.2-4).
22
7.3-5 Supplementary Regulations: The following represent special considerations guiding the
development of land permitted within this district.
7.3-5(a) Off -Street Parking: The required off-street parking allowances are provided in
Section 8.5 of this ordinance.
7.3-5(b) Corner Visibilitv: No visual obstruction will be permitted within five feet of
either of two intersecting streets.
7.3-5(c) Signs: All signs permitted in this district shall be in compliance with Section
8.4 of this ordinance.
7.3-5(d) Mobile Homes: The required standards for individual mobile homes to be
placed in this district are provided in Section 8.1 of this ordinance.
7.3-5(e) Accessory Buildings: Permitted accessory buildings require a minimum 5 foot
backyard setback and 5 foot side yard setback.
7.3-5(f) Accessory Structures: Erection of animal shelters, animal cages, or animal
pens in front yards or side yards is not permitted.
23
Section 7.4 R-15 - Sin leg_ Family Residential District (medium densit))
This district provides for the orderly and rational growth of a single-family residence at a medium
density. The regulations surrounding this district provide for the discouragement of any use which
would be detrimental to the nature of a residential district with regard to noise, smell, or conflicting
activities.
7.4-1 Land Use Capability: The character of this district, providing for medium -density development
with/without provision of water and sewer service, is in general compatibility with
"community," "developed," and "transition" classes of land as provided for in the most current
Plymouth Land Use Plan under the provisions of the Coastal Area Management Act.
Wherever possible, the districts should coincide with those land classifications.
7.4-2 Permitted Uses:
7.4-2(a) Residential accessory uses (Le. garage, private workshop).
7.4-2(b) Single-family residences excluding mobile homes on individual lots.
7.4-2(c) Public and private recreational uses or facilities of a noncommercial nature.
7.4-2(d) Family Care Homes, as defined in Article III of this ordinance.
7.4-3 Conditional Uses:
7.4-3.1 Article XI[ of this ordinance and the Use Tables which follow describe uses which
might be allowed in each district, subject to certain conditions. For this district,
those are:
-Child Care/Day Care/Kindergarten
-Churches
-Home Occupations
-Public or private school facilities
-Public utility facilities
7.4-4 Dimensional. Setback and Structural Requirements: The following will outline specifications
under which structures will be permitted to be constructed.
7.4-4(a) Minimum Lot Dimensions
Lot area 15,000 square feet
Lot width at front setback line 90 feet
Lot depth 150 feet
Side yard setback (each side) 15 feet
Side yard setback (abutting street) 20 feet
24
Front yard setback 30 feet
Rear yard setback 25 feet
7.4-4(b) Structure/Lot Coverage
Maximum residential coverage area
(30%) (inclusive of carport, accessory
buildings or any other impermeable
surface) 4,500 square feet
7.4-4(c) Height
Maximum height of structures 35 feet
7.4-5 Supplemental Regulations: The following represent special considerations guiding the
development of land permitted within this district.
7.4-5(a) Ott Street Parking: The required off-street parking allowances are provided in
Section 8.5 of this ordinance.
7.4-5(b) Corner Visibility: No visual obstruction will be permitted within five feet of
either of two intersecting streets. -
7.4-5(c) Signs: All signs permitted in this district shall be in compliance with Section
8.4 of this ordinance.
7.4-5(d) Accessory Buildings: Permitted accessory buildings require a minimum 5 foot
back yard setback and 5 foot side yard setback.
7.4-5(e) Accessory Structures: Erection of animal shelters, animal cages, or animal
pens in front yards or side yards is not permitted.
25
Section 7.5 R10 - Single-Family/Duplex Residential District (medium density with duplex
units
This district provides for the availability of residential use at a denser level by allowing for conventional
single and double (duplex) dwelling units. The regulations provide for efficient and orderly
development for residents desiring small residences at a moderate density level. The regulations are
developed in a manner to discourage any use which would interfere or detract from the residential
nature of the district. This district will only be applied in areas with community water and sewer
service.
7.5-1 Land Use Compatibility: The character of this district's designation is generally compatible
with the "developed" classification as set forth in the most current Plymouth Land Use Plan
under the provisions of the Coastal Area Management Act. Whatever possible, the delineation
of this district(s) should coincide with such classification.
7.5-2 Permitted Uses
7.5-2(a) Low intensity public and private recreational uses or facilities of a
noncommercial nature inclusive of a boat access, open space park, playground,
ball fields, bikeway, hiking trails, and greenways.
7.5-2(b) Single-family residences excluding mobile homes on individual lots.
7.5-2(c) Two -unit dwellings.
7.5-2(d) Residential accessory uses (Le. garage, private workshop).
7.5-2(e) Kindergartens and/or day nurseries with the following restrictions:
--Minimum 200 square feet play area for each child based on capacity.
--Fence of four feet in height enclosing play area.
--Parking spaces equaling one per three children.
7.5-2(o Family Care Homes as defined in Article III of this ordinance.
7.5-3 Conditional Uses:
7.5-3.1 Article XII of this ordinance and the Use Tables which follow describe uses which
might be allowed in each district, subject to certain conditions. For this district,
those are:
-Churches
-Home occupations
-Public or private school facilities
-Public utility facilities
-Rooming House/Tourist Home/Bed & Breakfast
7.5-4 Dimensional, Setback and Structural Requirements: The following will outline specifications
under which structures will be pennnitted to be constructed.
in
7.5-4(a) Minimum Lot Dimensions
Lot area (one -unit dwelling)
10,000 square feet
Lot area (two -unit dwelling)
16,000 square feet
Lot width at front setback line
75 feet
Lot depth
150 feet
Side yard setback (each side)
Five additional feet to each side yard
shall be added for each full story of
structural height over one story)
15 feet
Side yard setback (abutting street)
20 feet
Front -yard setback
30 feet
Rear yard setback
20 feet
7.5-4(b) Structure/Lot Coverage
Maximum residential coverage area
(40%) (inclusive of carport, accessory
buildings or any other impermeable
surface) 4,000 square feet
7.54(c) Height
Maximum height of structures 35 feet
7.5-5 Supplemental Regulations: The following represent special considerations guiding the
development of land permitted within this district.
7.5-5(a) Off -Street Parking: The required off-street parking allowances are provided in
Section 8.5 of this ordinance.
7.5-5(b) Corner Visibility: No visual obstruction will be permitted within five feet of
either of two intersecting streets.
7.5-5(c) Si ns: All signs permitted in this district shall be in compliance with Section
8.4 of this ordinance.
7.5-5(d) Accessory Buildings: Permitted accessory buildings require a minimum 5 foot
back yard setback and 5 foot side yard setback.
7.5-5(e) Accessory Structures: Erection of animal shelters, animal cacres, or animal
pens in front yards or side yards is not permitted.
27
Section 7.6 R7 - Multi -Family Residential District (high densit))
This district provides an area for the highest density of residential development on a single, double
(duplex), or multi -family basis without provision for mobile home units. It provides the most intensive
use of land that is served by a community water and sewer service. The regulations are developed in
such a manner that a mix of conventional housing can be developed without interference from non-
residential uses.
7.6-1 Land Use Compatibility: The character of this district's designation is generally compatible
with the "developed" classification as set forth in the most current Plymouth Land Use Plan
under the provisions of the Coastal Area Management Act. Wherever possible, the delineation
of this district(s) should coincide with such classification.
7.6-2 Permitted Uses:
7.6-2(a) Low intensity public and private recreational uses or facilities of a
noncommercial nature inclusive of a boat access, open space park, playground,
ball fields, bikeway, hiking trails, and greenways.
7.6-2(b) Single-family residences excluding mobile homes on individual lots.
7.6-2(c) Two -unit dwellings.
7.6-2(d) Residential accessory uses (i.e. garage, private workshop).
7.6-2(e) Kindergartens and/or day nurseries with the following restrictions:
--Minimum 200 square feet play area for each child based on capacity.
--Fence of four feet in height enclosing play area.
--Parking spaces equaling one per three children.
7.6-2(o Multi -family residences.
7.6-2(g) Family Care Homes as defined in Article III of this ordinance.
7.6-2(h) Bed & Breakfast Inn.
7.6-3 Conditional Uses:
7.6-3.1 Article XII of this ordinance and the Use Tables which follow describe uses which
might be allowed in each district, subject to certain conditions. For this district,
those are:
-Churches
-Home occupations
-Library
-Public or private school facilities
-Public Utility facilities
►:
7.6-4 Dimensional, Setback and Structural Requirements: The following will outline specifications
under which structures will be permitted to be constructed.
7.6-4(a) Minimum Lot Dimensions
Lot area (one -unit dwelling) 7,000 square feet
Lot area (two -unit dwelling) 12,000 square feet
Lot area (each additional unit) 4,000 square feet
Lot width at front setback line 60 feet
Lot depth 125 feet
Side yard setback (each side)
(NOTE: Five additional feet to each side
yard shall be added for each full story of
structural height over one story) 10 feet
Side yard setback (abutting street) 15 feet
Front yard setback 20 feet
Rear yard setback 20 feet
7.6-4(b) Structure/Lot Coverage
Maximum residential coverage area
(40%) (inclusive of carport, accessory
buildings or any other impermeable
surface) 2,800 square feet
7.6-4(e) Height
Maximum height of structures 35 feet
7.6-5 Supplemental Regulations: The following represent special considerations guiding the
development of land permitted within this district.
7-.6-5(a) Off -Street Parking: The required off-street parking allowances are provided in
Section 8.5 of this ordinance.
7.6-5(b) Corner Visibility: No visual obstruction will be permitted within five feet of
either of two intersecting streets.
7.6-5(c) Signs: All signs permitted in this district shall be in compliance with Section
8.4 of this ordinance.
7-6-5(d) Multi -Family: All regulations pertaining to multi -family residential units not
previously outlined are provided in Section 8.6 of this ordinance.
29
7.6-5(e) Accessory Buildings: Permitted accessory buildings require a minimum 5 foot
back yard setback and 5 foot side yard setback.
7.6-5(f) Accessory Structures: Erection of animal shelters, animal cages, or animal
pens in front yards or side yards is not permitted.
30
Section 7.7 R7A - Multi -Family Residential District (mixed high density)
This district provides an area for the highest density of residential development on a single,
double (duplex), or multi -family basis for both conventional housing and mobile homes. It provides for
the most intensive use of land that is served by a community water and sewer service. The regulations
are developed in such a manner that a mix of housing types can be developed without interference from
non-residential types.
7.7-1 Land Use Compatibility: The character of this district's designation is generally compatible
with the "developed" classification as set forth in the Plymouth Land Use Plan under the
provisions of the Coastal Area Management Act. Wherever possible, the delineation of this
district should coincide with such classification.
7.7-2 Permitted Uses:
7.7-2(a) Residential Accessory uses (Le. private garage, workshop).
7.7-2(b) Single-family residences including mobile homes on individual lots.
7.7-2(c) Two -unit dwellings.
7.7-2(d) Multi -family dwellings.
7.7-2(e) Class A mobile homes on individual lots.
7.7-2(f) Mobile home parks (subject to the provisions of Section 8.3).
7.7-2(g) Family Care Homes, in compliance with N.C.G.S. 168-22.
7.7-3 Conditional Uses:
7.7-3.1 Article XII of this ordinance and the Use Tables which follow describe uses which
might be allowed in each district, subject to certain conditions. For this district,
those are:
-Rooming house/Tourist home/Bed & Breakfast Inn
-Child Care/Day Care/Kindergarten
-Churches
-Home occupations
-Public or private recreation facilities such as outdoor parks and playgrounds
-Public or private school facilities
-Public utility facilities
7.7-4 Dimensional Setback and Structural Requirements: The following will outline specifications
under which structures will be permitted to be constructed.
7.7-4(a) Minimum Lot Dimensions
31
Lot area (one -unit dwelling)
7,000 square feet
Lot area (two -unit dwelling)
12,000 square feet
Lot area (each additional unit)
4,000 square feet
Lot width at front setback line
60 feet
Lot depth
125 feet
Side yard setback (each side)
(NOTE: Five additional feet to each side
yard shall be added for each full story of
structural height over one story)
10 feet
Side yard setback (abutting street)
15 feet
Front yard setback
20 feet
Rear -yard setback
20 feet
7.7-4(b) Structure/Lot Coverage
Maximum residential coverage area
(40%) (inclusive of carport, accessory
buildings or any other impermeable
surface) 2,800 square feet
7.7-4(c) Hei&
Maximum height of structures 35 feet
Maximum height of auxiliary household
equipment 55 feet
7.7-5 Supplementary Regulations: The following represent special considerations guiding the
development of land permitted within this district.
7.7-5(a) Off -Street Parking: The required off-street parking allowances are provided in
Section 8.5 of this ordinance.
7.7-5(b) Corner Visibility: No visual obstruction will be permitted within five feet of
either of two intersecting streets.
7.7-5(c) Si; ns: All signs permitted in this district shall be in compliance with Section
8.4 of this ordinance.
7.7-5(d) Multi -Family: All regulations pertaining to multi -family residential units not
previously outlined are provided in Section 8.6 of this ordinance.
7.7-5(e) Individual Mobile Homes: The required standards for individual mobile homes
and mobile home parks are provided in Section 8.1 of this ordinance.
7.7-5(f) Accessory Buildings: Permitted accessory buildings require a minimum 5 foot
back yard setback and 5 foot side yard setback.
7.7-5(g) Accessory Structures: Erection of animal shelters, animal cages, or animal
pens in front yards or side yards is not permitted.
32
Section 7.8 OI - Office and Institutional District
This district is developed to provide space for institutions (public or private), office uses, and
certain commercial uses which have limited or specialized contact with the general public. This is not
inclusive of merchandising establishments (retail or wholesale). Due to the complementary nature of
these uses and the regulations governing their development, residential uses are also permitted within
the jurisdiction.
7.8-1 Land Use Compatibility The character of this district's designation is generally compatible
with the "developed" classification as set forth in the Plymouth Land Use Plan under the
provisions of the Coastal Area Management Act. Wherever possible, the delineation of this
district should coincide with such classification.
7.8-2 Permitted Uses:
7.8-2(a) Single family residential uses
7.8-2(b) Bed & Breakfast Inn
7.8-2(c) Business Services:
--Advertising
--Brokerage
--Financial establishments (Le. banks, savings and loans)
--Insurance
--Real estate
--Stenographic, telephone answering
--Studios (Le. artists, sculptors, photographers)
7.8-2(d) Public Service:
--Charitable institutions
--Chiropractic, osteopathic
--Churches and parsonages
--Community centers, civic clubs, fraternal organizations
--Convalescent or rest homes
--Funeral home, mortuary
--Governmental offices (not involving outside storage of material and/or
equipment)
--Hospitals
--Libraries
--Medical and dental clinics
33
--Medical and dental services (individual basis)*Does not include veterinarian
services.
--Museums and art galleries
--Nursing homes
--Public and private schools
--Recreational uses (parks, playgrounds, open space, low -density
recreational usage)
--Sanitariums
7.8-3 Conditional Uses:
7.8-3.1 Article XII of this ordinance and the Use Tables which follow describe uses which
might be allowed in each district, subject to certain conditions. For this district,
those uses are:
-Child care/day care/kindergarten
-Churches
-Home occupations
-Other professional offices or agencies, not named above
-Public utility facilities
-Veterinary medicine clinic/animal hospital
7.8-4 Dimensional. Setback and Structural Requirements: The following will outline specifications
under which structures will be permitted to be constructed.
7.8-4(a) Minimum Lot Dimensions
Lot area
7,000 square feet
Lot width at front setback line
75 feet
Lot depth
120 feet
Side yard setback (each side)
(NOTE: Two additional feet to each side
yard shall be added for each full story of
structural height over one story)
10 feet
Side yard setback (abutting street)
20 feet
Front Yard
20 feet
Back Yard
20 feet
7.8-4(b) Structure/Lot Coverage
Maximum residential coverage area
(40%) (inclusive of carport, accessory
buildings or any other impermeable
surface) 2,800 square feet
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7.8-5 Accessory Regulations: The following represent special considerations guiding the
development of land permitted within this district.
7.8-5(a) Off -Street Parking: The required off-street parking allowances are provided in
Section 8.5 of this ordinance.
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Section 7.9 C1- Central Business District
This district provides for the retention of a downtown business core catering to walk-in traffic
on a concentrated basis and activities to promote and support waterfront tourism. The regulations
governing this district provide a norm through which businesses are encouraged to maintain some
continuity as a retail shopping place for local and nearby residents.
7.9-1 Land Use Compatibilit : The character of this district's designation is generally compatible
with the "developed" classification as set forth in the Plymouth Land Use Plan under the
provisions of the Coastal Area Management Act. Wherever possible, the delineation of this
district should coincide with such classification.
7.9-2 Permitted Uses:
7.9-2(a) Retail Sale: (small merchandise)
--Art Galleries and working studios (not including residence)
--Cameras
--Candy
--Clothing
--Drugs
--Flowers
--Gifts
--Hardware and hardware sales
--Hobby and craft goods
--Jewelry
--Leather goods
--Magazines and books
--Musical instruments
--Shoes
--Sporting goods
--Toys
7.9-2(b) Retail Sales: (large merchandise)
--Antiques
--Bicycles
--Electrical supplies and fixtures
--Furniture
--Groceries
--Plumbing supplies and fixtures
--Radio and television
001
7.9-2(c) Office and Institutional Services:
--Business
--Financial establishments
--Governmental offices
--Medical Supplies & services
--Professional offices and agencies
--Insurance offices and agencies
--Real estate offices and agencies
7.9-2(d) Personal and Individual Services:
--Bakery
--Barber and beauty shops
--Cafeterias
--Hotels, motels, and tourist homes
--Laundromats
--Parking lots
--Commercial Printing
--Restaurants
--Shoe repair
--Taxi stands
--Theaters
--Upholstery and refinishing
7.9-3 Conditional Uses:
7.9-3.1 Article XII of this ordinance and the Use Tables which follow describe uses which
might be allowed in each district, subject to certain conditions. For this district,
those uses are:
-Dry cleaning/laundry
-Fish and seafood markets
-Fraternal lodge/hall
-Indoor recreational facilities, public or commercial
-Outdoor recreational uses
-Public Utility facilities
7.9-3(a) Second -story residential uses are allowed as conditional uses in this district,
provided that at least 50% of the total square footage of the first floor of the
building (determined by the Water Street first floor) is used for permitted
commercial, service, or office use.
7.9-3(b) Street vendors of small retail items using carts or mobile kiosks may be allowed
as a conditional use on public property between the hours of 8:00 am. and
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6:00 p.m. These activities will be limited to the sale of food and beverages,
newspapers and magazines. This activity will require a special license by the
Town and a photograph or artistic rendering of the proposed cart/kiosk must
be approved by the Board of Adjustment for visual appropriateness. The town
may waive this requirement during special events.
7.9-4 Dimensional. Setback and Structural Requirements: The following will outline specifications
under which structures will be permitted to be constructed.
7.9-4(a) Rear Yard: Rear yard space is required only in cases where the rear of the plot
abuts a residential use. In those cases, a rear yard space of 20 feet will be
required.
7.9-4(b) Buffer: A buffer strip consisting of a fence or vegetation equaling six feet in
height shall be required adjacent to any adjoining residential use.
7.9-5 Supplementary Regulations: The following represent special considerations guiding the
development of land permitted within this district.
7.9-5(a) Off -Street Parking: The required off-street parking allowances are provided in
Section 8.5 of this ordinance. (NOTE: Any residential building converted to
commercial, office, or other non-residential use after the effective date of this
ordinance shall comply with the applicable parking requirements.)
7.9-5(b) Multi -Family: All regulations pertaining to multi -family residential units not
previously outlined are provided in Section 8.6 of this ordinance.
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Section 7.10 RDO - Riverfront Development Overlay District
The Riverfront Development Overlay District is a zone which overlays all land lying between
the Roanoke River and Main Street, roughly from Plywood Road on the east side (including the entire
property located to the north and east of the end of Plywood Road, as delineated on the official zoning
map) to Martin County line on the west side of the Town of Plymouth. It is created to encourage
responsible public and private investment along the Roanoke River. The intent is to allow flexible but
appropriate development and redevelopment which will support tourism, enhance property values,
encourage public interaction with the estuarine environment and stimulate the local economy by
capitalizing on the Town's most significant natural resource.
NOTE: The Coastal Area Management Act (CAMA) designates all navigable waters to be Public Trust
areas and all land within 75 feet of the normal high water mark as estuarine shorelines. Any
development which is to occur in these areas would be subject to CAMA review and approval and
must meet standards enforced by the state.
Development allowed in this overlay is subject to site plan review by the Planning Board to
determine appropriateness of scale, appearance, and economic impact. Any proposal for uses not
otherwise allowed within the underlying district may be considered for conditional approval if the
applicant submits substantial quantitative written documentation that the proposed project meets the
purposes of the overlay without undue negative environmental impacts.
7.10-1 Land Use Compatibility: The character of this district's designation is compatible with the
"developed" classification of the town's most current CAMA Land Use Plan.
7.10-2 Permitted Uses: As shown in underlying districts. All development proposals are subject to site
plan review and approval.
7.10-3 District Guidelines:
The Riverfront Development District shall consider proposals which focus on small scale,
pedestrian or water -borne tourist interests and supportable tourist attractions of a larger scale which
can be supported by existing public infrastructure.
(1) The use must be generally compatible with existing permitted uses. Mixed uses may
occur only where there are no inherent conflicts between proposed and permitted uses.
(2) Uses reliant on large volume vehicular traffic will not be considered.
(3) Restaurants with drive-thru windows will not be allowed within this district.
(4) Adequate off-street parking must be demonstrated for all proposals.
Kil
(5) Noise, odor, smoke, and vibration levels must be unobtrusive to normally permitted
uses.
(6) Health and safety risks to the surrounding area must be low or the developer must
demonstrate how these risks will be managed or mitigated.
(7) Waste products or by-products must be properly stored and removed from the area in
a timely manner.
(8) Storage areas must be screened by a continuous visual buffer adequate to completely
shield waste from the. public view
(9) The public's free access to enjoyment of the waters of the Roanoke River will be a
priority. Projects such as public piers, boardwalks, docks, bulkheads, boat ramps,
parks, etc. which accommodate, promote, or sponsor such activities will be given
priority.
(10) Projects providing overnight accommodations for tourists will be considered, as long
as the "small town," historic character of the waterfront district is respected and local
infrastructure has adequate capacity to serve.
(11) Condominium development will be considered if adequate character, open space,
circulation, parking, drainage, and public services can be demonstrated.
(12) Normal lot and dimensional requirements of the underlying district will apply unless
separate application is made for a variance and such variance is granted by the Board of
Adjustment.
(13) To the extent reasonably practicable, all waterfront development projects should be
designed in such a way as to respect and accommodate the waterview vistas of
adjoining properties.
7.10-4 Review and Approval Process:
A complete zoning application along with 7 copies of the proposed site plan must be submitted
to the Zoning Administrator not less than 14 working days prior to the Planning Board meeting at
which the proposal will be reviewed.
If the proposal is for a use normally permitted by right or condition within the underlying
district, the applicant should attach a simple statement as to how the proposal will capitalize on
waterfront activities or how it promotes or supports tourism. No additional materials will be required
unless specifically requested by the Planning Board during its review.
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If the proposal is for a use not normally permitted by right or condition in the underlying
district, the applicant will attach quantitative documentation as to the appropriateness of the proposal
and addressing how the proposed project fulfills the purpose and intent of the Riverfront Development
Overlay District or adheres to the general guidelines listed above. Such documentation may consist of
statistics relating to the productivity of such uses as tourist generators; pre -determined need for such
use to support tourist activity; documentation of enhancement of property values, supportive language
from the Land Use Plan, and stimulation of local economy; etc. This documentation must offer
comprehensive data to support the proposed use.
Incomplete applications will not be processed for review.
The Planning Board will review each proposal and send their recommendation to the Town
Council for final approval.
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Section 7.11 C2 - Highway Business District
This district provides a rational development pattern for single, unattached uses along the
major highway corridors serving Plymouth. It is essential that such development takes place in a
manner to serve the business needs of the community but protect the safety and liability of those areas
served directly or indirectly by highways.
7.11-1 Land Use Compatibility: The character of this district's designation is generally compatible
with the "developed" classification as set forth in the Plymouth Land Use Plan under the
provisions of the Coastal Area Management Act. Wherever possible, the delineation of this
district should coincide with such classification.
7.11-2 Permitted Uses: The uses within this district shall be limited to the following:
--Agricultural supply sales
--Alcoholic beverage control stores "These are exempt from local regulation
--Apparel sales
--Automobile parts sales
--Automobile repair services
--Automobile sales and services (new and used)
--Barber and beauty shops
--Blueprinting services
--Building supplies sales
--Cabinetmaking and woodworking shops
--Chiropractic and osteopathic offices
--Contractors (general construction, plumbing and heating, electrical)
--Home appliance sales and services
--Farm machinery sales and repairs
--Financial institutions (banks, savings and loans)
--Fish and seafood retail sales
--Florists
--Fraternal lodges and/or halls
--Funeral homes
--Furniture sales
--Grocery stores
--Hardware sales
--Laundromats and dry cleaners
--Loan companies and pawn shops
--Mobile home sales
--Motels
--Motorcycle, motorbike sales
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--Nurseries (horticultural)
--Nursing home, rest home and sanitarium
--Offices for governmental, professional and personal services
--Paint sales
--Parking facilities (commercial)
--Pet shops
--Pharmacies
--Restaurants inclusive of fine dining, fast food, taverns, grills, or snack bars
--Shoe repair and sales
--Terminals (bus, taxi, rail, car/truck rental, and commercial trucking)
--Tire sales and services
--Upholstering services
7.11-3 Conditional Uses:
7.11-3.1 Article XII of this ordinance and the Use Tables which follow describe uses
which might be allowed in each district, subject to certain conditions. For this
district, those are:
-Shopping Centers, subject to site plan review in Section 12.4.
-Adult business uses, subject to the provisions in Article XII.
-Commercial recreational facilitates
-Indoor recreational facilities
-Kennels/pet boarding
-Outdoor parks and playgrounds
-Pool halls/billiard parlors
-Public or private school facilities
-Public utility facilitates
-Veterinary medicine, animal hospital
7.11-4 Dimensional. Setback and Structural Requirements: The following will outline specifications
under which structures will be permitted to be constructed.
7.11-4(a) Minimum Lot Dimensions
Lot area
15,000 square feet
Lot width at front setback line
100 feet
Side yard setback (each side)
25 feet
Width of driveway
30 feet
Front yard setback (NOTE: No
parking signs, gasoline pumps,
or other structures shall be
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permitted within 30 feet of the
front property line) 50 feet
Rear yard 25 feet
*Where abutting residential property or designated residential district, a buffer
strip or fence no less than six feet in height will be provided.
7.11-5 Supplementary Regulations: The following represent special considerations guiding the
development of land permitted within this district.
7.11-5(a) Off -Street Parking: The required off-street parking allowances are provided in
Section 8.5 of this ordinance.
7.11-5(b) Signs: - All signs permitted in this district shall be in compliance with Section
8.4 of this ordinance.
7.11-5(c) Curb -Cut Provisions: Those regulations dealing with curb -cuts are provided in
Section 8.7 of this ordinance.
Section 7.12 IL - Light Industrial District
This district provides space for industries and wholesaling and warehouse facilities that operate
in a clean, quiet manner that do not place extreme demands on the sewer and/or water system. All uses
permitted under this jurisdiction must be determined to be inoffensive to nearby residential areas.
7.12-1 Land Use Compatibility: The character of this district's designation is generally compatible
with the "developed" classification as set forth in the Plymouth Land Use Plan under the
provisions of the Coastal Area Management Act. Wherever possible, the delineation of this
district should coincide with such classification.
7.12-2 Permitted Uses: The uses in 'this district shall be limited to the following:
--Assembly and processing of farm and food products except meat, fish, poultry,
vinegar and yeast
--Bag manufacturers (inclusive of other paper containers)
--Bakery products
--Boat manufacturers
--Bottling works
--Building materials, storage, and sales
--Cabinetmaking and woodworking shops (inclusive of furniture products)
--Circuses, carnivals, and fairs (temporary basis not to exceed 30 days)
--Cold storage plants
--Commercial recreation facilities (including concession stands)
--Contractors' storage yards
--Dairy products processing
--Dry cleaning and laundry plants
--Electrical and industrial equipment (inclusive of manufacturers, assembly, repair
and servicing)
--Farm machinery (inclusive of assembly, repair and sales)
--Garages/Service Stations/Convenient Stores
--Grain elevators
--Greenhouses and nurseries
--Grounds and facilities for open air games and sports
--Ice plants
--Industrial research and educational facilities
--Jewelry and clock manufacturing
--Kennels and pet boarding
--Laboratories for research and testing
--Leather goods manufacturers
--Lumber yards
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--Machine shops
--Musical instrument manufacturers
--Off-street parking facilities
--Optical and scientific instruments
--Pharmaceutical products manufacturers
--Printing, publishing and reproduction establishments
--Repair and servicing of office and household equipment
--Sheet metal shops and tinsmith shops
--Veterinary medicine and animal hospital
--Shirt manufacturers
--Sign manufacturers (inclusive of printing and maintenance)
--Stone cutting, monument manufacturers, (including sales)
--Storage warehouse yards
--Venetian blind manufacturers, contractors, and cleaning shops
--Welding shops
--Wholesale and jobbing establishments (including incidental retail outlets for only
that merchandise as handled at the wholesale establishment)
7.12-3 Conditional Uses:
7.12-3.1 Article XH of this ordinance and the Use Tables which follow describe uses
which might be allowed in each district, subject to certain conditions. For this
district, those are:
-Bulk fuel storage
-Outdoor parks and playgrounds
-Public utility facilities
-Sanitary Landfill
7.12-4 Dimensional. Setback and Structural Requirements: The following will outline specifications
under which structures will be permitted to be constructed.
7.12-4(a) Minimum Lot Dimensions
Lot area 15,000 square feet
Lot width at front setback line
(NOTE: No parking signs, storage,
outdoor manufacturing, processing or
assembling activity, nor any structure
housing accessory uses with 30 feet of the
front property line) 100 feet
* Side yard setback (each side) 25 feet
Width of driveway 30 feet
EN
Rear yard setback 25 feet
*Where the rear or side lot line(s) abuts residential property, there shall be no
parking in the rear or side yard(s) unless a thickly planted buffer strip four feet
in height, or other fencing device is install to prevent dust, fumes, noise, the
glare of lights, or other nuisances associated with parking from interfering with
the enjoyment of the adjacent property and affecting its value.
7.12-5 Supplemental Regulations: The following represent special considerations guiding the
development of land permitted within this district.
7.12-5(a) Off -Street Parking: The required off-street parking allowances are provided in
Section 8.5 of this ordinance.
7.12-5(b) Signs: All signs permitted in this district shall be in compliance with Section
8.4 of this ordinance.
7.12-5(c) Curb -Cut Provisions: Those regulations dealing with curb -cuts are provided in
Section 8.7 of this ordinance.
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Section 7.13 IH - Heavv Industrial District
This district accommodates industries and other heavy commercial activities from which noise,
odor, smoke, vibrations, and other nuisance factors can be anticipated. Related development problems
such as high -volume traffic flows must also be considered as factors in the placement of this district.
The wise location of this district can lessen, if not completely eliminate, the detrimental effect of such
operations. In addition, this district is intended to accommodate heavy water uses and waste
producers, particularly those which produce waste that cannot be treated by the municipal system.
7.13.1 Land Use Compatibility: The character of this district's designation is generally compatible
with the "developed" classification as set forth in the Plymouth Land Use Plan under the
provisions of the Coastal Area Management Act. Wherever possible, the delineation of this
district should coincide with such classification.
7.13-2 Permitted Uses
7.13-2(a) IL uses
7.13-2(b) Additional
--Airports
--Bottle gas works
--Bulk oil storage
--Coal yards
--Equipment manufacturers, repair, and servicing
--Fertilizer plants
--Foundries
--Incinerators
--Machine tool manufacturers
--Manufacturing, processing, assembling, or fabricating operations
--Meat packing, abattoir, stockyards
--Railroad freight yards
--Sanitary landfills
--Sewage treatment plants
--Textile manufacturers
--Water treatment plants
7.13-3 Dimensional and Structural Requirements: The following will outline specifications under
which structures will be permitted to be constructed.
7.13-3(a) Setback: No building shall be less than 30 feet from any property line except
that when the use abuts a residential district, the building setback line shall be
50 feet from the nearest residential property line. If said 30 or 50 foot setback
is the front yard setback, it shall be used from property line to property line
only for pathways, driveways. and landscaping.
7.13-3(b) Buffer: Side and rear yard setbacks may be used for parking and storage
provided that adjacent property zoned for residential uses be protected from
the noise, dust, glare of lights, and other detrimental effects of the storage
and/or parking area by a thickly planted buffer strip or fence of at least four feet
in height.
7.13-4 Supplemental Regulations: The following represent special considerations guiding the
development of land permitted within this district.
7.13-4(a) Off -Street Parking: The required off-street parking allowances are provided in
Section 8.5 of this ordinance.
7.13-4(b) Signs: All signs permitted in this district shall be in compliance with Section
8.4 of this ordinance.
7.13-4(c) Curb -Cut Provisions: Those regulations dealing with curb -cuts are provided in
Section 8.7 of this ordinance.
ARTICLE VIH. GENERAL PROVISIONS
Section 8.1 Mobile Home(s)
It shall be unlawful for any person to park or store a mobile home, or place and/or maintain a
mobile home used for living, sleeping, business, or utility purposes on any premises within the Town of
Plymouth and its extraterritorial limits other than those expressly permitted. All permitted mobile
homes will be in conformance with the following requirements concerning placement:
8.1-1 Mobile homes shall only be placed in districts which permit these residences on a single basis or
park basis.
8.1-2 In districts in which individual mobile homes are allowed, there shall be only one unit per lot
and the dimensional requirements of the applicable district shall be complied with.
8.1-3 One travel trailer may be parked or stored in the rear yard of any lot provided that no living
quarters shall be maintained, nor any business conducted therein while such trailer is so parked
or stored.
8.1-4 Mobile homes or travel trailers may be parked in a sales lot(s) for the expressed purpose of
inspection or sale within a district in which such use is permitted provided that no living
quarters shall be maintained in any of the trailers so parked.
8.1-5 That travel trailers or mobile homes used for temporary field offices may be permitted by a
special 30 day permit, obtainable from the Zoning Administrator, renewable for a 30 day
period(s).
8.1-6 That trailers used in connection with and by employees of circuses, fairs, and carnivals duly
authorized by the Town of Plymouth and complying with the requirements of this ordinance
may be permitted by obtaining a special 30 day permit issued by the Zoning Administrator.
Such trailers, if located on the same lot as the circus, fair, or carnival, may be used temporarily
for living quarters of the owners and/or employees of such circus, fair, or carnival. If such
trailer(s) is not located on the same lot, then said trailer must be located within an established
trailer park.
8.1-7 Any trailer used as temporary classrooms or offices to alleviate crowded conditions of schools
or institutions is permissible provided that all requirements of the district are met. A standard
zoning permit is required for such additions.
8.1-8 That the Zoning Administrator may issue a temporary permit to allow no more than two
mobile homes, travel trailers or similar mobile living quarters be domiciled on a lot during
50
construction of any building or structure in excess of $300,000 in value, such permit being
renewable under the conditions of Section 8.1-5.
Section 8.2 Mobile Home Parks
It shall be unlawful for a person to park or store a mobile home or trailer within a mobile home
park or subdivide property for the purpose of a mobile home park within the jurisdiction of this
ordinance in compliance with the Town of Plymouth Subdivision Ordinance with the following
exceptions:
8.2-1 Minor facility improvements are being made which does not affect the total number of mobile
home sites.
8.2-2 Mobile home spaces are rental and are not being transferred to different ownership.
Section 8.3 Mobile Home Park Design
The following specifications will be applicable for the design and review of mobile home parks
by the Zoning Administrator under the jurisdiction of this ordinance.
8.3-1 Size Dimensions
8.3-1(a) Every mobile home park shall be located on a tract of land not less than three
acres in size and shall contain at least five mobile home spaces as defined in this
ordinance.
8.3-1(b) Every mobile home space shall consist of a minimum of 3200 square feet.
Further, each mobile home space shall be clearly defined or delineated, and
shall have a minimum width of 40 feet.
8.3-1(c) Only one mobile home may be parked on any designated mobile home space or
per every 3200 square feet.
8.3-1(d) No mobile home space shall be located within 50 feet of a public street right-
of-way.
8.3-1(e) No mobile home stand shall be located less than 30 feet from any property or
exterior park boundary.
8.3-1(0 No mobile home shall be located less than 20 feet from another mobile home, a
mobile home addition, or any other structure.
8.3-2 Parkiniz
8.3-2(a) Parking spaces shall provide a minimum area of 10 feet by 20 feet for each
automobile.
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8.3-2(b) Off-street parking space sufficient to accommodate at least two automobiles
shall be constructed within each mobile home space.
8.3-2(c) All parking spaces shall be paved or covered with crushed stone or other
suitable materiaL
8.3-3 Access
8.3-3(a) Each mobile home park not located adjacent to a public right-of-way shall have
common driveways with an unobstructed right-of-way of at least 30 feet that
directly abut all mobile home spaces.
8.3-3(b) Minimum width of driveways shall be 18 feet.
8.3-3(c) No on-street'parking shall be permitted on driveways.
8.3-3(d) On -street parking may be permitted when a minimum of 50 foot right-of-way
and a minimum of 34 feet width of pavement is provided.
8.3-3(e) No mobile home space shall be more than 500 feet measured along connecting
driveway center lines from a public street.
8.3-3(0 All mobile home park driveways shall connect with a public street or another
driveway with a 30 foot (minimum) right-of-way and 18 feet pavement
(minimum).
8.3-3(g) No individual mobile home space shall have direct vehicular access to a state or
federal primary street.
8.3-3(h) Closed ends of dead-end streets shall be provided with an adequate -paved,
vehicular turning circle of at least 50 feet in diameter.
8.3-3(i) When the mobile home park has more than one direct access to a public street,
they shall not be less than 300 feet apart or less than 300 feet from a public
street intersection (unless topographical or site conditions demand otherwise).
8.3-4 Drainage
8.3-4(a) The mobile home park shall be located on ground so as not to be susceptible to
flooding.
8.3-4(b) Underground drainage facilities with connections to the storm drainage system
shall be provided for the mobile home park (unless adjacent streets do not have
storm drainage pipes).
8.3-4(c) Each mobile home stand and the mobile home space shall be graded to provide
adequate storm drainage away from the mobile home and such that there will
exist no more than two feet difference between the chassis of the mobile home
and the finished grade of the mobile home stand along the entire perimeter of
the mobile home proper.
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8.3-4(d) An area to provide proper drainage ditches and a three to one back slope shall
be provided along all public streets or private driveways constructed with 18
feet or more of paving width
8.3-5 Mobile Home Park Signs
8.3-5(a) One (1) or not more than two (2) signs with a total area of not more than one-
half (1/2) square foot for each mobile home space and in no case larger than 50
square feet located on private property but no closer than five feet to any
property line.
8.3-5(b) Only indirect non -flashing lighting may be used for illumination.
8.3-5(c) All signs must be constructed in such a manner as to prevent a direct view of
the light source from any public street right-of-way.
8.3-6 Supplemental Regulations
8.3-6(a) All mobile homes within the Town of Plymouth shall be connected to
municipal water and sewer systems.
8.3-6(b) Mobile homes and mobile home parks located within the extraterritorial area
shall be connected to an approved water and sewer system as required and
approved by the Washington County Board of Health.
8.3-6(c) All mobile home parks within more than 12 residences shall provide adequate
and suitable recreational areas and facilities to serve the needs of the residents
of the park.
8.3-6(d) Each refuse station shall be no less than one 30 gallon covered container with
tight -fitting cover for every two residences.
8.3-6(e) Accessory Structures: Erection of animal shelters, animal cages, or animal
pens in front yards or side yards are not pernutted.
Section 8.4 Sign(s) and Outdoor Advertisement (Billboard(s))
The purpose of this section is to provide for safe, rational establishment of signs and outdoor
advertisements within the jurisdiction of this ordinance. No sign or outdoor advertisement (billboard)
of any type shall be erected within the jurisdiction of this ordinance without proper compliance with the
terms set forth in this section.
Any sign or billboard not covered by the terms of this section must be approved by the
Planning Board and Town Council prior to its erection.
NOTE: Regardless of exemptions stated herein, all outdoor advertising signs on lots along
U.S. Highway 64 are subject to the restrictions of the State of North Carolina
Department of Transportation in addition to local requirements.
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8.4-1 Application
8.4-1(a) The owner of the property upon which any sign or billboard is to be placed is
responsible to apply to the Zoning Administrator ensuring compliance with
appropriate guidelines.
8.4-1(b) A fee shall be paid to the Town of Plymouth upon receipt of the application by
the Zoning Administrator. A fee schedule appears in Section 9.10 of this
ordinance.
8.4-1(c) The application shall include scaled site plans or drawings showing the exact
location, dimensions, type of sign, and any distinguishing characteristics of the
sign (Le. type of lighting, height, etc.).
8.4-1(d) All off -premises sign permits are issued for a period of ONE YEAR ONLY
and must be renewed annually. A fee schedule appears in Section 9.10 of this
ordinance.
8.4-2 Signs Exempt From Ordinance: No sign will be permitted which reduces corner visibility or is
erected within or projects into a public right-of-way. All signs are subject to Section 8.4-3(d).
Permitted marquees, canopies, and awnings are not included under this provision. The
following signs will be permitted within the jurisdiction and are exempt from the provisions of
this ordinance not stated in this section:
8.4-2(a) Regulatory or advisory signs of public nature, such as traffic or street signs,
rest rooms, parking areas, freight entrances, and the hike.
8.4-2(b) *Warnings or legal notices of a temporary nature.
8.4-2(c) Flags, emblems, or insignias not used as commercial advertising.
8.4-2(d) `Other temporary, non-commercial signs not to exceed two square feet in
surface area and not to exceed 14 days during any quarter of the calendar year.
8.4-2(e) Any plaque, tablet, or marker of a historical nature.
8.4-2(f) Non-commercial signs posted for personal residence use in conjunction with
mailbox, doorbell, entrance or exit ways.
8.4-2(g) Address signs, not exceed 72 square inches and showing only the numerical
designation of the premises.
8.4-2(h) Any sign required by law to be posted (temporary or permanent).
8.4-2(i) Signs of professional use or home office space approved under the auspices of
this ordinance. (NOTE: This sign shall not be over two square feet in surface
area, not be illuminated, and must be mounted to the main wall of the building.)
8.4-20) Temporary real estate signs not to exceed six square feet in surface area.
(NOTE: This sign must be displayed only on the property proposed for rent or
sale and shall not be closer than five feet from any property line nor within any
legal right-of-way).
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8.4-2(k) Signs for church, community, or community activities not to exceed 25 square
feet in surface area. (NOTE: These signs must be on private property and not
located within ten feet of any adjoining property line.)
8.4-2(1) *Political campaign posters and signs not to exceed 4 square feet in surface
area.
*For all temporary signs, it shall be the responsibility of the person erecting the
sign to remove it within the time frame set forth. All days exceeding the
maximum allowed will be charged one dollar per day by the Zoning
Administrator or removed by the Chief of Police. In the case of political
campaign posters and signs, the candidate or political party named on the
poster/sign will be held responsible for removal of the signs within 14 days after
the election.
8.4-3 General Sian Requirements
8.4-3(a) Size and Number
--Only one sign or billboard per building, establishment, or 150-foot frontage
or 15,000 square foot area (whichever is applicable).
--Maximum size of any sign will be 250 square feet.
8.4-3(b) Location
--No signs or billboards shall be located on or attached to rooftop or on any
tower (ie. radio, home radio, television, etc.).
--All signs associated with a permitted marquee will be attached flat with no
extension vertically above or below the marquee.
--No non-exempt signs or billboards or any part thereof will be permitted
within 50 feet of a residentially -zoned area (inclusive of flashing, temporary
signs).
8.4-3(c) Safety
--No sign or billboard which obstructs, confuses, or interferes with any
authorized traffic or directional sign provided for the general public shall be
allowed at any location.
--No light(s) which resembles in strength, color, or the action of any emergency
light shall be permitted.
--No flashing lights connected with any sign shall be permitted within 300 feet
of a residentially -zoned area.
--All lights connected with the illumination of a sign will be placed in such a
manner not to impair vision of motorists.
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--Flood lighting and display lighting (temporary or permanent) shall be shielded
in such a manner not to impair the vision of motorists and not be located within
50 feet of the highway right-of-way.
8-4-3(d) Condition
--Any sign or billboard allowed in the jurisdiction shall be kept in good repair
with property security.
--Signs which have been abandoned, are no longer functioning, or are in
pair or unsafe condition, as determined by the local Building Inspector, shall be
oved or relocated by the owner or at the owner's expense within 90 days of
unction or abandonment or 30 days within determination of disrepair or unsafe
conditions.
8.4-4 Special Requirements
8.4-4(a) Residential Districts
--No signs or billboards will be permitted within any district designated
"residential" except as permitted by Subsection 8.4-2.
8.4-4(b) Office and Institutional
--Outdoor advertising signs and/or flashing signs or billboards (temporary or
permanent) shall not be allowed within an OI district.
--All signs associated with office and institutional uses shall not exceed four
square feet.
--Clustered uses of three or more office and institutional uses shall be permitted
one signs not exceeding 25 square feet in total area (for the purpose of serving
the office and institutional uses only).
--Free-standing, non -advertisement signs shall be limited to ten feet in height.
--All general requirements spelled out in Subsection 8.4-3 shall be enforced
where applicable.
8.4-4(c) Central Business District
--No free-standing signs shall be permitted.
--No outdoor advertising signs and/or billboards shall be permitted.
--No sign shall exceed 50 square feet or ten percent of the square footage of
the facade of the building, whichever is less.
--All signs permitted shall be mounted flat against building with all attached
letters and superscriptions applied thereon shall be parallel with the building's
facade.
--Only the name of the establishment or the address shall be allowed on
canopies in this district.
--No flashing or glittering materials are allowed in this district.
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--No banner on pennant signs other than those promoting approved special
events will be allowed.
8.4-4(d) Shopping Centers, where applicable
--All requirements for the "central business district" (Subsection 8.4-4(c) and
all general requirements (Subsection 8.4-3) shall be enforced where applicable.
(NOTE: A sign for the identification of a designated shopping center shall be
allowed with ten square feet permitted per business, not exceeding 25 square
feet for any one sign.)
8.4-4(e) Industrial District
--All general. requirements spelled out in Subsection 8.4-3 shall be enforced
where; applicable. (NOTE: Outdoor advertising signs and free-standing sign
shall be allowed with no freestanding sign or billboard exceeding thirty (30)
feet above ground level.)
Section 8.5 Off -Street Parking
The provision of adequate off-street parking is a vital part in the functional design of any area.
In addition, the aspect of safety for both pedestrians and motorists is a primary consideration in the
application of this section.
Specific requirements for the provision of off-street parking shall be provided under this
section.
8.5-1 Application
8.5-1(a) The requirements will be enforceable at the time of the erection of any building
and/or at the time any principal building is enlarged or increased in capacity
(through the addition of dwelling units, guest rooms, seats, or floor area).
8.5-1(b) The requirements will be enforceable before the conversion from one type of
use and/or occupancy to another use or occupancy.
8.5-1(c) All parking spaces as required by this section shall be a minimum of 200 square
feet in area with a minimum width of ten feet.
8.5-1(d) Parking spaces may be provided in a parking garage or properly -graded, open
space.
8.5-1(e) No spaces which are rented* or are located on a public right-of-way may be
counted toward compliance with this section.
8.5-2 Special Requirements
8.5-2(a) Central Business District
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--The requirements of this section are not applicable to the Cl (central
business) district, provided there is adequate off-street or satellite parking
available to accommodate all non-commercial uses.
8.5-2(b) Residential Districts: Where parking spaces for more than eight cars are
required in a residential district, the following shall be complied with:
--The lot may be used only for parking and not for any type of loading,
unloading, sales, dead storage, repair work, dismantling, servicing, or
recreation.
--All entrances, exits, barricades at sidewalks, and drainage plans shall be
acceptable per the Subdivision Ordinance of the Town of Plymouth.
--A strip of five feet wide shall be served as open space adjoining any street line
or any -lot zoned for residential uses, guarded with wheel bumpers and planted
in grass and/or shrubs.
8.5-3 Certification
8.5-3(a) Each application for a zoning permit for a commercial, industrial, institutional,
or multi -family, residential unit submitted to the Zoning Administrator shall
identify the location and dimensions of off-street parking spaces.
8.5-3(b) The location and design of such spaces will be reviewed to verify compliance
with both number and size as called for by this ordinance.
8.5-4 Combination of Required Parking Space
8.5-4(a) The required parking space for any number of separate uses may be combined
in one lot, but the required space assigned to one use may not be assigned to
another use as spelled out in "b" below.
8.5-4(b) One-half of the parking space required for churches, theaters, or assembly shall
whose peak attendance will be at night or on Sundays may be assigned to a use
which will be closed at night and on Sundays.
8.5-5 Remote Parking Space
8.5-5(a) If off-street parking space required by this ordinance cannot be reasonably
provided on the same lot on which the principal use is located; such space may
be provided on any land within 400 feet of the main entrance to such principal
use provided such land is in the same ownership as the principal use.
8.5-5(b) Land described under "a" above shall be used for no other purpose.
8.5-5(c) When adequate provisions for parking space (meeting the requirements of this
ordinance) have been made for the principal use, the requirements of "a" and
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"b" above shall be inapplicable. (NOTE: In such cases, the applicant shall
apply for a Certificate of Compliance for the principal use.)
8.5-5(d) In cases of new construction, an applicant shall submit (with his application for
a building permit) an instrument, duly executed and acknowledged, which
subjects said land to parking use in connection with the principal use for which
it is made available. (NOTE: The applicant shall deposit the appropriate fee
and upon the issuance of a zoning permit, the Zoning Administrator shall cause
said instrument to be registered in the Office of the Register of Deeds in
Washington County.)
8.5-6 Parking SpaceRequirements.
8.5-6(a) Residential and Related Use Requirements
--Single-family dwelling unit.:. two (2) parking spaces per dwelling unit.
--Duplex dwelling unit... two (2) parking spaces per dwelling unit.
--Multi-family dwelling unit ... two parking spaces per dwelling unit.
--Rooming, boarding house or Bed & Breakfast... one parking space for each
one room to be rented, plus one space for each two employees plus two spaces
where there are resident owners or operators.
--Motel/Hotel (without restaurant or other group facilities) or motor
court...one parking space for each room to be rented and one additional
parking space per two employees.
--Motel/Hotel (with restaurant or other group facilities)... same as above plus
requirements shown below for any associated use.
--Home occupation use (non-professional)...three parking spaces per unit.
--Home occupation use (professional) inclusive of doctors and dentists... three
parking spaces per professional housed in unit and one space per other
employee, plus applicable residential requirement.
8.5-6(b) Public Use Requirements
--Hospital (public and semi-public)... two parking spaces for each two beds
intended for patient use, exclusive of bassinets or 1 space per 150 square feet
of gross floor area, whichever is greater.
--Clinic or doctor/dentist offices... one space for every 150 sq. ft. of gross floor
area.
--Nursing home ... three parking spaces for each five beds used for patient use.
--Churches ... one parking space for each four seats in the sanctuary plus one
space for every 200 sq. ft of space not used for services.
--Elementary school/junior high school... two spaces per classroom.
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--Senior high schooL..one parking space for each - two administrative
employees plus five (5) spaces for each classroom and one space for each ten
(10) seats in the largest auditorium.
--Stadium, play field, or organized recreation area ... one parking space for each
four spectator seats.
--Auditorium... one parking space for each four seats of capacity of largest
meeting room.
--Public/private club ... one parking space per 300 square feet of gross floor
space.
--Public building ... two parking spaces for each employee.
8.5-6(c) Business Use Requirements
--Commercial or Personal Service Establishments ... one space for each 200 sq.
ft. of gross floor area.
--Kindergarten/Child Care/Nursery ... one space for each employee, plus one
space per 500 sq. ft. of building, plus 4 spaces for loading and unloading
children.
--Office, Professional Building or similar use ... one space per 200 sq. ft. of gross
floor area.
--Restaurant or place dispensing food/drinks/refreshments (not drive-in) ... one
space per 100 sq. ft. of gross floor area plus one space for every 4 outside seats
provided.
--Drive-in restaurant... same as above plus a reserve traffic lane with capacity
for 5 vehicles per drive-in window.
--Shopping Center ... One space for every 200 sq. ft. of gross floor area.
(NOTE: Where specific business types are not listed, discretion by the Zoning
Administrator should be used to determine closest applicable use.)
8.5-6(d) Wholesale Use and Warehouses Wholesale Use Requirements
--One parking space for each employee on largest shift.
8.5-6(e) Industrial Use Requirements
--One space for each two employees on largest shift plus 1 space for each 400
sq. ft. gross floor area used for office or administrative purposes, plus one
space for each vehicle used directly in the conduct of the business.
Section 8.6 Multi -Family Housing
For the purpose of providing a harmonious blend between the intensive use of multi -family
housing and other land uses, the following will apply for all structures which are occupied by three or
more families.
8.6-1 Applicatio
8.6-1(a) A detailed site plan as provided for in the Subdivision Ordinance of the Town
of Plymouth shall be submitted for review to the Planning Board.
8.6-2 Desi n
8.6-2(a) Parking: As provided for in Section 8.5 of this ordinance.
8.6-2(b) Buffer Strip (screening): A buffer strip (fence or evergreen hedge) shall be
provided along any property line abutting single-family residences and
commercial and/or industrial uses. Such a buffer shall be at least four feet in
height (projected for hedge) with no more than four feet between plantings or
sections of fence.
8.6-2(c) Yard Space: No less than five feet of yard space shall be provided between the
structure and any impermeable surface (ie. parking space, sidewalk, etc.).
8.6-2(d) RecreationaUOpen Space: For any multi -family development which contains
more than 20 units, common, open space equaling not less than 4000 square
feet shall be provided. All open space shall be grassed and landscaped.
8.6-2(e) Building Walls: Building walls having only window opening or only door
opening shall be located no closer than 25 feet to another building. Building
walls having both window and door openings shall be located no closer than 50
feet to another building.
Section 8.7 Curb Cuts
The following requirements are applicable to all districts.
8.7-1 Commercial and Residential Districts
8.7-1(a) No portion of any entrance driveway leading from a public street shall be closer
- than 20 feet to the corner of any intersection, measured along the right-of-way
line from the intersection of the rights -of -way of the two streets.
8.7-1(b) The width of any driveway leading from a public street shall not exceed 30 feet
at its intersection with the curb or street line.
8.7-1(c) No two driveways on a single lot leading from a public street shall be within 20
feet of each other measured along the right-of-way between the approximate
edges of such curb cuts.
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8.7-2 Industrial Districts
8.7-2(a) Center lines of driveways leading to and from the same establishments shall not
be closer than 50 feet.
Section 8.8 Off -Street Loading
The number of off-street loading berths required by this section shall be considered as the
absolute minimum, and the developer should evaluate his own needs to determine if they are greater
than the minimum specified by this section. For purposes of this section, an off-street loading berth
shall have minimum plan dimensions of 12 feet by 25 feet, and 14 feet clearance with adequate means
for ingress and egress.
8.8-1 Number of Required Off -Street LoadingBerths
8.8-1(a) For non-residential structures containing not more than 25,000 square feet of
gross floor area, one berth shall be required.
8.8-1(b) For non-residential structure containing 25,000 or more square feet of gross
floor area, the number of berths specified in the table below shall be provided.
Section 8.9
8.9-1 General
Square Feet of Loading Berths Required Number
Gross Floor Area of Berths
25,000 -- 79,999 2
80,000--127,999 3
128,000--191,999 4
192,000--255,999 5
256,000--319,999 6
320,000 --400,000 7
Each 90,000 above 400,000 1
Home Occupations
A Home Occupation is permitted and defined in this ordinance and shall be governed by the
following requirements listed below:
M
8.9-1(a) Is clearly incidental to or secondary to the residential use of a dwelling unit, and
occupies not more than one-third of the total floor area of such single-family
dwelling unit, and in no event contains more than 500 feet of floor area.
8.9-1(b) Only one person other than those residing in the home shall be engaged in the
occupation.
8.9-1(c) The home shall continue to be used principally as a dwelling.
8.9-1(d) The occupation shall not include the retail sales of products.
8.9-1(e) Home occupations shall be permitted only in single-family dwellings.
8.9-2 In connection with the operation of a home occupation it shall not be permitted:
8.9-2(a) To have exterior displays, or a display of goods visible from outside.
8.9-2(b) To store materials or products outside of a principal or accessory building or
other structure.
8.9-2(c) To make external structure alterations which are not customary in residential
buildings.
8.9-2(d) To produce offensive noise, vibration, smoke, dust, or other particulate matter,
odorous matter, heat, humidity, glare or other objectionable effects.
8.9-3 Home occupations may consist of personal services listed as follows:
Accountant
Insurance Agent
Beauty Shop
Photographer
Drafting
Typing Service
Notary Public
Art Teacher
Addressing Service
Music Teacher
Barber Shop
Tax Consultant
Section 8.10 Satellite Receivers
8.10-1 A satellite receiver is permitted and defined in this ordinance and shall be governed by
the following requirements listed below:
8-.10-1(a) A satellite receiver shall be permitted as an accessory use in all residential and
office and institutional (01) districts.
8.10-1(b) It shall be prohibited to temporarily or permanently place a satellite receiver in
the area between the building front setback line and the street in any residential
and OI districts.
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8.10-1(c) Satellite receivers will be permitted to encroach into the required rear and side
yard setbacks of residential and 01 districts to a point no closer than five feet
from a property or lot line. .
8.10-1(d) Satellite receivers will be limited to the maximum lot coverage requirements of
the particular zone in which they are located.
8.10-1(e) Satellite receivers will be permitted in all commercial and industrial districts and
will be governed by the applicable regulations of these particular zones.
ARTICLE IX. ADMINISTRATION AND ENFORCEIVIENT
Section 9.1 Enforcing Officer
The Town Manager or his agent shall administer and enforce this ordinance. This individual
shall be designated "Zoning Administrator" by the Town Manger and shall accept the duties outlined in
Section 9.2.
Section 9.2 Duties of Zoning Administrator
The Zoning Administrator shall act under the provisions of Zoning Board of Adjustment law
(G.S. 160A 388), which provides for the decisions of "an administrative official charged with the
enforcement of any ordinance-- adopted pursuant to this Part."
Pursuant to this and other authorities set out in the State law of North Carolina, the Zoning
Administrator will be responsible for the processing, review, and enforcement of all provisions adopted
as part of this ordinance. Such activities will consist of, but not be limited to, the following.
9.2-1 Receipt of application for permits.
9.2-2 Issuance of denial of permits.
9.2-3 Documentation of reasons for denial of permits.
9.2-4 Issuance of certificates of occupancy or compliance.
9.2-5 Posting and/or mailing of notices.
9.2-6 Issuance of stop order pursuant to violations.
9.2-7 Revocation of permits.
9.2-8 Issuance of certificates of occupancy for non -conforming uses.
9.2-9 Receipt of notices of appeal.
9.2-10 Maintain file of documentation of individual cases.
9.2-11 Initiator of all actions related to the above activities.
9.2-12 Serve as staff to Planning Board and Zoning Board of Adjustment.
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9.2-13 Explain the ordinance requirements to the public.
Section 9.3 Enforcement Actions
Upon the finding of any inappropriate or illegal activities on the part of any citizen which would
violate the provisions of this ordinance, the Zoning Administrator shall notify in writing the person(s)
responsible for such action indicating the following:
9.3-1 The nature of the violation(s).
9.3-2 The action(s) necessary to correct the violation.
9.3-3 The date by which correction action(s) should be taken and completed.
9.3-4 Action(s) which will take place if such corrective action is not taken.
9.3-5 When such action has not been taken or is deemed inadequate based upon 9.3-2, an order for
the discontinuance of the use or occupation of any land, building, or structure or any illegal
additions, alterations, or structural changes thereto may be issued.
9.3-6 Any other action authorized by this ordinance to ensure compliance with, or to prevent
violation of, any provisions.
NOTE: Such actions may be appealed as provided in Section 10.6.
Section 9-4 Certificate of Compliance
No building or other structures shall be erected, moved, added to, or structurally altered until a
"Certificate of Zoning Compliance" shall have been issued, except in conformity with the provisions of
this ordinance, except after written order from the Board of Adjustment. No building permit for the
purpose of erection, extension, or alterations of any building shall be issued before an application has
been made and a "Certificate of Zoning Compliance" issued.
Section 9-5 Compliance Procedures
All applications for a Certificate of Zoning Compliance shall be accompanied with the
following before acceptance.
9.5-1 Desicn and Location Information
9.5-1(a) Plans showing the dimensions and shape of the parcel to be built upon
W.
9.5-1(b) The exact size, uses, and location on the parcel(s) of any existing building.
9.5-1(c) The exact size, uses, and location on the parcel(s) of any proposed budding.
9.5-1(d) The total number of dwellings, commercial uses, or industrial units if more than
one located on the parcel.
9.5-1(e) Other information as may be necessary to determine conformance with, and
provide for the enforcement of, this ordinance.
Section 9.6 Processing of Application
The following will be the minimum requirements set forth for processing and review of an
application.
9.6-1 Plans and Fees
9.6-1(a) Two copies of the application shall be provided for the Zoning Administrator.
One copy shall be returned to the applicant by the Zoning Administrator, either
approved or disapproved and attested to name by this signature on such copy.
One copy, either approved or disapproved, and attested to same by Zoning
Administrator shall be retained on file by the Town.
9.6-1(b) A fee schedule appears in Section 9.10 of this ordinance.
Section 9.7 Violation of Ordinance
In case any building or structure is erected, constructed, reconstructed, altered, repaired,
converted, or maintained in violation for this ordinance or any building, structure, or land is used in
violation of this ordinance, the Zoning Administrator, or any appropriate authority or any adjacent,
nearby, or neighboring property owner who would be affected by such violation, in addition to other
remedies, may institute an injunction, mandamus, or other appropriate action in proceeding to prevent
occupancy or use of such building, structure, or land. Any agreement or arrangement between
adjacent property owners concerning buildings, structures, or land use does not circumvent any
requirements set forth by this ordinance.
Section 9.8 Penalties for Violations
Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon
conviction shall be punished for each offense, not more than $50.00 or imprisonment not to exceed 30
days. Each day such violations continues shall be deemed to be a separate offense. . _
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Section 9.9 Misrepresentations and Misunderstandings
Any misunderstanding or misrepresentation, either verbal or written in any form, such as a
permit, conveyed by the Town of Plymouth Staff or anyone representing the Town shall be ultimately
resolved by this Ordinance. If further doubt is still present, the Board of Adjustment will resolve the
issue. The appropriate inspector may revoke and require the return of any permit by notifying the
permit holder in writing stating the reason for the revocation. Permits shall be revoked for any
substantial departure from the approved application, plans, or specifications; for refusal or failure to
comply with the requirements of any applicable State or local laws; or for false statements or
misrepresentations made in securing the permit. Any permit mistakenly issued in violation of an
applicable State or local law may also be revoked.
Section 9.10 Fee Schedule
The fees associated with the permits and processes are as follows:
Zoning Permit $25
Sign Permit $25
*Appeal to the Board of Adjustment $75
*Appeal to the Planning Board $75
Off -Premises Sign Permit $150/year
*(NOTE: The above will be charged in addition to any fee charged for a building permit.)
M.
ARTICLE X. BOARD OF ADJUSTMENT
Section 10.1 Creation of Board
There shall be and hereby is created a Board of Adjustment, hereinafter referred to as the
"Board," consisting of five regular members and two alternates. Four of the regular members and one
alternate shall be appointed by the Town Council. One regular member and one alternate shall be
appointed by the Washington County Board of Commissioners. The members of the Board serving on
the effective date of this ordinance, under the zoning ordinance prior hereto, shall be considered as the
five members to be appointed by the Town Council, and each shall serve the balance of the term to
which (he, she) has been appointed. Those members so appointed by the Board of Commissioners
shall also extend heir appointment through the remainder of their designated term. Such members shall
serve until (his, her) successor is appointed and qualified.
Section 10.2 Appointment of Members
The appointment of members to the Board shall comply with the following procedures and
criteria set forth in Section 10.3.
10.2-1 Municipal Members
In January of each year, the Town Council shall review all appointments, making necessary
new appointment for a term beginning on the 13th day of January of the year of the
appointment.
10.2-2 Extraterritorial Members
The Town Council shall notify the Board of Commissioners 90 days prior to the 13th of
January of a new calendar year, stating the status of the designated extraterritorial members.
Any new appointments shall be made by the Board of Commissioners. Should the Board of
Commissioners fail to make the above appointments within the 90 day notification period, the
Town Council may appoint such appropriate members.
10.2-3 Duration of Appointments
All appointments shall be for three year terms unless otherwise designated. Any appointment
made to fulfill an unexpired term shall extend to the original expiration date of such unexpired
term.
Section 10.3 Qualifications of Members
The following represents the minimal requirements of appointed members to the Board.
10.3-1 Municipal Members
These members shall have permanent residence within the corporate limits of the Town of
Plymouth and shall so reside during their term of appointment.
10.3-2 Extraterritorial Members
These members shall have permanent residence within the extraterritorial planning area of the
Town of Plymouth arid -shall so reside during their term of appointment.
Section 10.4 Board of Adjustment Meetings
The Board shall elect one of its members as Chairman and shall elect such subordinate officers
as authorized by the Town Council The Board shall draw up, adopt, and adhere to rules of procedure
under which it will operate. Meetings of the Board shall be held at the call of the Chairman and at such
other times as the majority of the Board may determine. Such Chairman or, in his absence, the Acting
Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board
shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each
member upon every question, or his absence or failure to vote, indicating such fact, and also keep
records of its examination and any other official action.
Section 10.5 Responsibilities of the Board of Adjustment
The responsibilities of the Board of Adjustment shall include the following action:
10.5-1 Exceptions: The Board shall pass on exceptions through the variance procedures outlined in
Section 10.8.
10.5-2 Map: The Board may interpret any conflicts or questions arising from the Official Zoning
Map.
10.5-3 Boundaries: The Board may pass upon disputed questions of lot lines or district boundaries.
10.5-4 Interpretation of Ordinance: The Board shall provide for the enforcement of this ordinance and
regulations prescribed in its adoption.
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10.5-5 Administrative Questions: The Board shall pass on administrative questions and their
modification based upon the enforcement of this ordinance. In so doing, the Board may
prescribe appropriate conditions and safeguards to protect the continuing application of this
ordinance.
10.5-6 Filing Fee: To hear and decide any appeal or review any order, requirement, decision or
determination by the Zoning Administrator, a fee, as stated in Section 9.10 of this ordinance,
shall be paid to the Town of Plymouth to cover advertising and administrative expenses. In the
case of an appeal that is subsequently decided in favor of the applicant, the fee shall be returned
to the applicant upon his request within 30 days of the overturning decision. The applicant is
responsible for the burden of initiating the reimbursement.
Section 10.6 Appeals
Any citizens may bring before the Board of Adjustment an appeal concerning any action related
to the enforcement of this ordinance.
10.6-1 Appeals Procedure: Such appeals must adhere to the following procedures.
10.6-1(a) Provide written notice of an appeal to Zoning Administrator.
10.6-1(b) The reasons and circumstances for the appeal
10.6-1(c) The corrective actions which are requested.
10.6-1(d) The concurring vote of four members shall be necessary to reverse any order,
requirement, decision or determination of the Zoning 'Administrator, or to
decide in favor of the applicant any matter upon which it is required to pass
under the provisions of this ordinance.
(NOTE: Appeal from the decision of the Board of Adjustment shall be to the
Superior Court of Washington County.) --By statute, review of BOA decisions
is by the court.
Section 10.7 Hearing Procedures
Upon notification by the Zoning Administrator that the requirements of Section 10.6-1 have
been fulfilled by the applicant, the case shall be addressed by the Board of Adjustment.
10.7-1 The following shall be procedures observed by the Board of Adjustment.
10.7-1(a) A reasonable time shall be fixed, not to exceed 30 days from notification, for
the hearing of such appeals.
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10.7-1(b) Appropriate public notice of such hearing shall be provided to the appellant by
the Board of Adjustment, with time, place and date of the hearing.
10.7-1(c) Fifteen days notice shall be given adjoining property owners.
10.7-1(d) At the hearing, the Board shall make a determination as to the appeal. Town
Council shall be informed of such action and the Zoning Administrator shall
enforce the ruling. All action shall be based upon a four -fifths majority vote of
the Board of Adjustment according to the general statutes of the State of North
Carolina.
Section 10.8 Variances
Based upon the procedures outlined in the previous section, a variance form the terms of this
ordinance may be granted.
10.8-1 All of the following must be observed by the Board of Adjustment in the granting of any
variance.
10.8-1(a) The variance will not be contrary to the public interest.
10.8-1(b) That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same district.
10.8-1(c) That literal interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same district
under the terms of this ordinance.
10.8-1(d) That the special conditions and circumstances do not result from actions of the
applicant.
10.8-1(e) That granting the variance requested will not confer on the applicant any
special privilege that is denied by this ordinance to other land, structures, or
buildings in the same district.
72
ARTICLE XL CHANGES AND AMENDMENTS
Section 11.1 Responsibility
It shall be the responsibility of the Town Council to amend, supplement, or change the text,
regulations, and zoning map according to the procedures outlined below:
11.1-1 Shall refer request to the Planning Board (see Section 11.3) outlining actions to be addressed.
11.1-2 Shall provide the Planning Board with 35 days to render a recommendation. (NOTE: Failure
to act within prescribed time shall be deemed as a waiver of this responsibility.)
11.1-3 Shall provide notice and public hearing pursuant to Section 11.2 of this article.
11.1-4 Shall act upon the request at the next regularly -scheduled meeting following the public hearing
process in accordance with Section 11.2 of this ordinance.
Section 11.2 Notice and Public Hearing
The following prescribe the requirement concerning timing and content of notice for the
purpose of public hearings:
11.2-1 A notice of public hearing shall be given once a week for two successive calendar weeks in a
newspaper of general circulation in the Town of Plymouth. (NOTE: Such notice shall be
published the first time not less than ten days prior to the date fixed for such public hearing.)
11.2-2 The notice shall contain all pertinent information related to the change, indicating the area
affected by recognizable landmarks and the exact change being requested citing the sections of
this ordinance so affected.
Section 11.3 Planning Board Responsibility
The Planning Board (see Section 11.4) shall be the Advisory Board to the Town Council on
the following matters related to the content of this ordinance:
11.3-1 Types of Review: The Planning Board shall act on the following and make appropriate
recommendations to the Town Council concerning matters outlined below.
11.3-1(a) Every proposed amendment, supplement change, modification, or appeal to
this ordinance shall be referred to the Planning Board for its recommendation
and report.
73
11.3-1(b) All requests for a change in the official zoning map shall include a description
of the property involved and the names and addresses of current abutting
property owners. (NOTE: All necessary fees to cover costs of advertising as
required by this ordinance shall be collected.)
11.3-1(c) Periodically review the district designations to ensure that land development is
taking place within the intent of this ordinance and its parts.
Section 11.4 Planning Board Composition
The following shall represent the composition of the Planning Board and govern its
appointment:
11.4-1 Total Membership: The Planning Board shall consist of five regular members.
11.4-1(a) Municipal Members: Four regular members shall be permanent residents
within the corporate limits of the Town of Plymouth.
11.4-1(b) Extraterritorial Members: One regular member shall be a permanent resident
of the extraterritorial planning area of the Town of Plymouth. (NOTE: This
member shall have equal rights, privileges, and duties with the municipal
members of the Planning Board regardless of whether the matters at issue arise
within the extraterritorial planning area or within the corporate limits.)
Section 11.5 Planning Board Appointments
The following will guide the appointment of the appropriate members as outlined in Section
11A
11.5-1 Responsibility of Appointments
11.5-1(a) Municipal Members: These four members shall be appointed by the Town
Council
11.5-2(b) Extraterritorial Member: The one member shall be appointed by the Board of
Commissioners. (NOTE: Should the Board of Commissioners fail to make the
appointment within 90 days of notice, the Town Council may make such
appointment.)
11.5-2 Time of Appointment
11.5-2(a) Date: In January of each year, the Town Council and Board of Commissioners
shall appoint new members to the Planning Board for a term beginning on the
13th day of January of the year of one's appointment, provided that nothing in
74
this section shall be construed to affect the term of any member incumbent on
the effective date of this ordinance.
11.5-2(b) Terms: Planning Board members shall each serve three year, staggered terms
with each serving until his/her successor is appointed and qualified.
11.5-2(c) Vacancy Any vacancy in the membership of the board other than by reason of
the expiration of terms of office, shall be filled when such vacancy occurs for
the unexpired term only.
Section 11.6 Public Dissent
Any action or amendment may be questioned by appropriate parties.
11.6-1 Tool of Dissent: A petition actually signed by qualified petitioners must be presented to the
Town Council
11.6-2 Petitioners: Any action signed by the property owners (G.S. 160A-386) of 20% or more either
of the area of the lots included in such proposed change, or of those immediately adjacent
thereto either in the rear thereof or on either side thereof, extending 100 feet from the street
frontage of those directly opposite lots.
Section 11.7 Final Action
The following constitutes the responsibilities of the Town Council in hearing appropriate
dissent:
11.7-1 Hearing: The Town Council shall consider such dissent at the next regularly -scheduled
meeting following its presentation unless presented less than five days prior to such meeting at
which time the dissent will be placed upon the next regularly -scheduled meeting's agenda.
11.7-2 Vote of Council: A simple majority of the Town Council shall be required to amend this
ordinance when such recommendations by the Planning Board are favorable. A 3/4 majority
vote by the Town Council shall be required to amend this ordinance when the Planning Board
recommends against such amendments.
75
ARTICLE XII. CONDITIONAL USES
Section 12.1 General
Conditional uses add flexibility to the zoning ordinance by allowing uses, which would
otherwise be undesirable, to be established in designated districts under conditions imposed by the
Board of Adjustment. Applications for Conditional Use permits shall be filed with the Zoning
Administrator, who shall transmit the application to the Board of Adjustment. After a public hearing,
as required by Section 10, the Board of Adjustment may grant permission to establish Conditional uses
as permitted in the district regulations, if the Board of Adjustment finds that:
1. The proposed use does not affect adversely the general plans for the physical development of
the town as embodied in these regulations and in any plan or portion thereof adopted by the
Planning Board;
2. The proposed use will not be contrary to the purposes stated for these regulations;
3. The proposed use will not affect adversely the health and safety of residents and workers in the
town;
4. The proposed use will not be detrimental to the use or development of adjacent properties or
other neighborhood uses;
5. The proposed use will not be affected adversely by the existing uses;
6. The proposed use will be placed on a lot of a sufficient size to satisfy the space requirements of
said use;
7. The proposed use will not constitute a nuisance or hazard because of the number of persons
who will attend or use such facility, vehicular movement, noise or fume generation or type of
physical activity;
8. The standards set forth for each particular use for which a permit may be granted have been
met;
9. The Board of Adjustment may impose or require such additional restrictions and conditions as
may be necessary to protect the health and safety of worker sand residents in the community,
and to protect the value and use of property in the general neighborhood;
10. The proposed use shall be subject to the minimum area, setback, and other locational
requirements of the zoning district in which it would be located;
76
11. The proposed use shall be subject to the off-street parking and service requirements of these
regulations; and
12. Wherever the Board of Adjustment shall find, in the case of any permit granted pursuant to the
provisions of these regulations, that nay of the terms, conditions, or restrictions, upon which
such permit was granted are not being complied with, said Board shall rescind and revoke such
permit after giving due notice to all parties concerned and granting full opportunity for a public
hearing.
Section 12.2 Effect Upon Conditional Uses
Those uses which existed prior to the effective date of this ordinance, or any amendments
thereto, and permitted only as Conditional Uses in the district in which they are located, or had
received a Conditional Use Permit from the Board of Adjustment, shall be considered to be legally
established Conditional Uses. Any expansion, addition, or other change for which a zoning certificate
is required, shall be heard, considered, and approved or disapproved by the Board of Adjustment in the
same manner as an original application for conditional approval.
Section 12.3 Requirements for Certain Conditional Uses
The Board of Adjustment may grant permission for the establishment of the following uses in
specified districts, under the following suggested conditions or any additional specific conditions set
forth by said Board.
12.3-1 Bulk Fuel Storage Areas - Above -ground fuel tanks used for commercial wholesale or retail
purposes shall be enclosed with a fence at least six (6) feet high.
12.3-2 Dry Cleaning. Laundry - According to district requirements providing the applicant shows
adequate safe storage and disposal of chemicals, and control of noise and heat to surrounding
buildings.
12.3-3 Elementary and Middle Schools/Hospitals/Emergency Service Ingress -Egress areas - The
minimum distances between these uses and commercial or manufacturing uses which generate heavy
traffic flows or extensive congestion shall be 300 feet.
12.3-4 Home Occupations - See Section 8.9
12.3-5 Junk Yards/Salvage Yards -
(a) The minimum front, side, and rear yards shall be 50 feet.
77
(b) The storage area shall be screened by a continuous visual barrier at least eight (8) feet
in height.
(c) Salvage auto parts shall not be allowed to collect water, which provides a breeding
ground for mosquitoes or other insects, nor harbor breeding grounds for rats or other
rodents.
12.3-6 Kindergartens or Day Care - Kindergartens and day care facilities may be permitted subject to
the requirements of the district provided that :
(a) At least 100 sq. ft. of outdoor play area is supplied for each child accommodated and
(b) The entire play area is enclosed by a fence having a minimum height of four (4) feet,
with child -proof gate latches, and constructed in such a manner that ensures maximum
safety of the children.
12.3-7 Multi -Family dwellings - See Section 8.6
12.3-8 Public Utility facilities -
(a) All water treatment and sewage disposal facilities, sanitary landfills, electric or
telephone substations or other utility facilities shall be subject to site plan review.
12.3-9 Veterinary Hospital/Clinic/Animal Boarding/Kennel - Subject to all other related provisions of
this ordinance, this use should comply with the following:
(a) Minimum lot size of 15,000 sq. ft.
(b) Minimum lot width of 100 feet.
(c) Minimum front yard setback of 50 feet.
(d) Maximum lot coverage of 50%.
(e) Visual buffers will be required when boarding space is provided outside the principal
structure.
(f) This use could be allowed on a low intensity basis at the discretion of the Board of
Adjustment, provided all safety and nuisance concerns are identified and addressed.
12.3-10 Shopping Centers - Shopping Centers are allowed as conditional use in the C2 District after
extensive site plan review and approval by the Planning Board.
12.3-11 Adult Use Business
12.3-11.1 Definition.
Adult Use: Any principal or accessory use which excludes minors by reason of
age. This definition does not apply to applicable alcoholic beverage laws or
voluntary restrictions of the motion picture industry.
in
12.3-11.2 Conditions and Requirements.
(a) No adult use business may be located closer than 1000' to the nearest:
-Residential Zone
-House of worship
-Day Care Center
-School
-Public Park
-Public Library
-Cemetery
-Motion picture theater regularly showing G or PG rated movies to the public
-Any other area where large numbers of minors regularly travel or congregate
(b) All windows, doors, openings, entries, etc. for all adult uses shall be so located,
covered, screened, or otherwise treated so that views into the interior of the
establishment are not possible from any public or semi-public area, street, or
way.
(c) The lot containing the adult use shall not be located within a 1000' radius of
another lot containing an adult use.
(d) All buildings used for permitted adult uses must be designed in such a way as
to prevent the escape of noise from the premises.
12.3-12 Other conditional uses will be reviewed as to health, safety, and general nuisance risk and will
be subject to conditions recommended by staff and determined by the Board of Adjustment.
12.3-13 The requirements placed upon a conditional use applicant by the Board of Adjustment, shall
specifically and in entirety be reduced to written form. The requirements shall be written specifically
enough as to delineate precisely and unambiguously the requirements set forth by the Board in the
issuance of the conditional use permit. The written requirements are to be signed by the Board of
Adjustment Chairman, Zoning Administrator, and the applicant prior to the issuance of the permit.
Section 12.4 Site Plan Review
12.4-1 Purpose
The purpose of site plan review is to protect and enhance public health, safety, and welfare, and
aesthetic value of the built environment. More specifically, the purpose of this review is to encourage
site planning in advance of construction so that issues of nuisance (e.g. noise, glare of lights, odor,
unsightly or unsafe buildings and parking areas, etc.). Crime prevention, maintenance of property
values, and aesthetic value can be addressed through thoughtful site design.
79
12.4-2 Where Required
Site plan review and approval shall be required for all new developments and expansion of
existing developments on real property in certain districts in accordance with the provisions of this
section, and no building permit or other authorization for development shall be issued prior to such
approval. Site plan review shall be required for all development proposals in the Riverfront
Development Overlay District, all conditional uses
conditional, in any district:
Golf Courses
and for the following uses, whether permitted or
Multi -function recreational facilities/amusements
Multi -family residential development
Multi -use or-muld-unit development on a single lot
Shopping Centers
Mobile Home Parks
Home Occupations
Parking lots
12.4-3 Plans Required
Seven (7) copies of a site plan or plans drawn to a scale of 1 inch = 100 feet shall be submitted
to the Town's Zoning Administrator and shall include the following:
A. Name and address of applicant, graphic scale, date, and North arrow
B. Existing conditions. A map of the property and adjacent lands showing contours with
a 2 ft. interval; location and direction of all watercourses, floodplain, and other hazard
areas; natural features; names of all platted streets, easements, and utility rights -of -way;
parks and other public open spaces; structures and their uses; Town Boundaries;
existing water mains, sewer lines; culverts and other underground facilities and their
exact location.
C. Proposed development. A map showing the following in addition to other requirements
which may be specified by the Zoning Administrator:
1. Proposed land uses and densities.
2. Building types and coverage.
3. Circulation patterns for vehicular and pedestrian traffic.
4. Parks, playgrounds, open spaces.
:1
5. Waster disposal facilities (sewage and trash).
6. Lighting.
7. Water supply, community facilities (schools, libraries, fire stations, shopping
etc.).
12.4-4 Standards
The following shall be required on all site plans and for all development reviewed:
A A minimum of ten percent (10%) of the lot area being developed shall be landscaped,
including a - mix of vertical (trees) and horizontal (grass/ground cover). Major
remodeling of properties in already developed sections of town shall require
landscaping to the extent possible up to the ten (10%) percent requirement.
Landscaping shall be visible in large part from public thoroughfares.
B. Natural landscaping shall be retained where possible to meet the landscaping
requirements.
C. Unnecessary grade changes shall be avoided. Retaining walls shall be provided where
needed.
D. Drainage shall be approved by the Zoning Administrator according to accepted
engineering standards.
E. Off-street parking shall be buffered from the street and from adjacent residential zones
by means of landscaping a low fence, but not to the extent of restricting visibility
necessary for safety and security.
F. Sidewalks and curbs shall be provided in whole or in part in those locations where such
amenities exist on adjacent properties.
G. Ingress and egress locations onto public thoroughfares shall be located in the interest of
public traffic safety.
H. Parking spaces shall be designated in accordance with the requirements of this zoning
ordinance.
I. There shall be reasonable access for emergency services and vehicles.
J. Outdoor lighting shall be provided for security. Such lighting shall illuminate
appropriate areas with a minimum of glare and without creating a nuisance for adjacent
properties.
K. Other specified site provisions may be required as determined by the Zoning
Administrator.
12.4-5 The following shall be required on those site plans for multi -family dwellings and for all such
multiple family development:
A. Outdoor play space shall be provided and shall constitute a minimum of 10% of the lot
area. This requirement is in addition to landscaping requirements. Parking lots are not
acceptable as -play space. This requirement may be waived or reduced in any housing
development designed and maintained exclusively as adult housing.
B. Private or semi -private outdoor space shall be included for each unit. This may include
such amenities as balconies, porches, or fenced yards.
C. The site plan shall be designed to minimize outdoor noise.
D. Buffer yards shall be required on those site plans for commercial and industrial uses
according to the following guidelines:
Recommended Buffer Yards:
Type of Use Adjacent Use Buffer Tye
Industry, light Residential Opaque
0 & I Broken
Industry, heavy Residential Opaque
Commercial Semi -Opaque
0 & I Opaque
Commercial, general Residential Opaque
Shopping Center Residential Opaque
While the above categories serve as general guidelines, the Zoning Administrator may
require a more intense buffer system where the type of use results in the emittance of
odor, dust, smoke, fumes, noise, glare, heat and/or vibration.
M
For purposes of this requirement, the following definitions shall apply:
Opaque Buffer - A screen that is opaque from the ground to a height of at least six (6)
feet, with intermittent visual obstructions from the opaque portion to a height of at
least 20 feet. An opaque buffer is intended to exclude all visual contact between uses
and to create a strong impression of spatial separation. The opaque screen is
composed of a wall, fence, landscaped earth berm, planted vegetation, or existing
vegetation. Compliance of planted vegetative buffers or natural vegetation will be
judged on the basis of the average mature height and density of foliage of the subject
species, or field observation of existing vegetation. The opaque portion of the screen
must be opaque in all seasons of the year. At maturity the portion of intermittent visual
obstructions should not contain any completely unobstructed openings of more than 10
feet. The portion of the intermittent visual obstructions may contain deciduous plants.
Semi -Opaque Buffer - A screen that is opaque from the ground to a height of at least
three (3) feet, with intermittent visual obstructions from the opaque portion to a height
of at least 20 feet. The semi -opaque buffer is intended to partially block visual contact
between uses and to create a strong impression of separation of spaces. The semi -
opaque screen may be composed of a wall, fence, landscaped earth berm, planted
vegetation, or existing vegetation. Compliance of planted vegetative buffers or natural
vegetation will be judged on the basis of the average mature height and density of
foliage of the subject species, or field observation of existing vegetation. At maturity
the portion of intermittent visual obstructions should not contain any completely
unobstructed openings of more than 10 feet. The portion of the intermittent visual
obstructions may contain deciduous plants.
Broken Buffer - A buffer composed of intermittent visual obstructions form the ground
to a height of at least 20 feet. The broken screen buffer is intended to create the
impression of a separation of spaces without necessarily eliminating visual contact
between the spaces. It may be composed of a wall, fence, landscaped earth berm,
planted vegetation or existing vegetation. Compliance of planted vegetative buffers or
natural vegetation will be judged on the basis of the average mature height and density
of foliage of the subject species, or field observation of existing vegetation. The buffer
may contain deciduous plants.
Where building setback distances are limited due to small lot size or existing
development, the Town may substitute other mitigating measures of comparable
effectiveness (fences, berms, walls, etc.) in place of buffer yards and vegetation.
12.4-6 Building Structures
Building structures shall be consistent with the surrounding area and shall be aesthetically
pleasing. All exterior surfaces of structures shall present a finished appearance.
12.4-7 Enforcement
The Zoning Administrator shall review plans to assure that standard requirements are included.
Plans shall be reviewed by the Planning Board and approved by the Town Council.
The Building Inspector shall not issue a building permit until all improvements required by the
site plan approval have been confirmed and accepted by the Town.
If construction has not begun within one year of the date of site plan approval, such approval
shall expire unless a request for extension is requested by the developer and granted by the town.
Appendix 1 - Zoning District Schedule
:Adult Businesses
Agricultural - -
Agricultural Supply Sales
Art Galleries & Working Studios
,Assembly & Processing (farm & food products)
'-A-utomobile Farts Sales
Automobile Repair Services
!'Automobile Sales & Services
,Barber &
Bed & Breakfa... ..
����■0000����
'BoatrBottled
Gas Works
iCabinetmaking & Woodworking Shops
P=Permitted Use, C=Conditional Use, Blank or Unlisted Activity=Prohibited Use
Appendix 1 - Zoning District Schedule
C
R20
R20A
R15A
R10
R7
R7A
OI
C1
C2
IL
IH
Child Care/Da Care/Kinde arten
C
C
C
P'
P*
C
C
Chiropractic & Osteopathic Offices
P
P
Churches
C
C
C
C
C
C
P
Circuses/Carnivals/Fairs'
P
P
Clothing Sales
P
P
Coal Yards
P
Cold Storage Plants
P
P
Commercial Printing
P
Commercial Recreational Facilities
C
P
P
Community Centers, Civic Clubs, Fraternal Or .
P
C
P
Contractors (gen. const., plumbing, heating, elec.)
P
Contractors Storage Yards
P
P
Convalescent or Rest Homes
P
Dairy Products Processing
P
P
Drug Stores
P
Dry Cleaning/LaundryCleaning/Laundry
C
P
P
P
Duplex Residences
P
P
P
Electrical & Industrial Equipment
P
P
Electrical Supplies & Fixtures
P
Equipment Manufacters/Service/Re air
P
Family Care Homes
P
P
P
P
P
P
Farm Machinery Manufacturers
P
P
Farm Machinery Sales & Repairs
P
Fertilizer Plants
P
Financial Establishments banks, S&Ls
P
P
P
Fish & Seafood Markets
C
P
Florists/Flowers
P
P
Founderies
P
Fraternal Lodge/Hall
P
Funeral Home or Mortuary
P
P
Furniture Manufacturers
P
P
Furniture Sales
P
P
,Garages/Service Stations/Convenient Stores
I
P
P
P=Permitted Use, C=Conditional Use, Blank or Unlisted Activity=Prohibited Use
Appendix 1 - Zoning District Schedule
C
R20
R20A
R15A
R10
R7
R7A
OI
C1
C2
IL
IH
Gift Shops
P
Golf Courses
C
C
Governmental Offices
P*
P
P
Grain Elevators
P
P
Greenhouses/Nurseries
P
P
P
P
P
P
Groceries
P
P
Grounds & Facilities for Open Air Games &Sorts
P
P
Hardware & Hardware Sales
P
P
Hobby & Craft Goods
P
Home Appliance Sales & Services
P
Home Occupations
C
C
C
C
C
C
C
Hospitals
P
Hotels, Motels, & Tourist Homes
P
P
Ice Plants
P
P
Incinerators
P
Indoor Rec. Facilities Public or Commercial
C
C
Industrial Research & Educational Facilities
P
P "
Insurance Offices & Agencies
P
P
Jewelry & Clock Manufacturers
P
I P
Jewelry Sales
P
Kennels/Pet Boarding
C
P
P
Laboratories research & testing)
P
P
Laundromats
P
P
Leather Goods manufacturers
P
P
Leather Goods sales
P
Libraries
P
P
Loan Companies & Pawn Shops
P
Lumber Yards
P
P
Machine Shops
P
P
Machine Tool Manufacturers
P
Magazine & Book Stores
P
Manufacturers/Processing/Assembly/Fabricating Op.
P
Meat Packing/Abattoir/Stockyards
I
I
I
I
I
I
I
P
P=Permitted Use, C=Conditional Use, Blank or Unlisted Activity=Prohibited Use
Appendix 1 - Zoning District Schedule
C
R20
R20A
R15A
R10
R7
R7A
OI
C1
C2
IL
IH
Medical Supplies & Services
P
Medical & Dental Clinics
P
Medical & Dental Services
P
Mobile Homes - Class A
P
P
Mobile Homes - Class B
P
Mobile Home Parks
P
Mobile Home Sales
P
Motorcycle, Motorbike Sales
P
Mulit-FamilyResidences
P
P
Museuem & Art Galleries
P
Musical Instrument Manufacturers
P
P
Musical Instrument Sales
P
Nursing Homes
P
P
Off -Street Parking Facilities
P
P
Optical & Scientific Instruments
P
P
Outdoor Recreational Uses
C
C
C
C
Paint Sales
P
Parking Facilities commercial
P
Parking Lots
P
P
Parsonages
P
Personal Services
P
Pet Shops
P
Pharmacies
P
Pharmaceutical Product Manufacturers
P
P
Plumbing Supplies & Fixtures
P
Pool Halls/Billiards Parlors
C
Printing, Publishing &• Reproduction Establishments
P
P
Professional Offices & Agencies
C
P
P
Public & Private Schools
C
C
C
C
C
C
P
C
Public Service Offices
P
Public Utility Facilities
C
C
C
C
C
C
C
C
C
C
P
P
Radio & Television Sales
P
Railroad Freight Yards I
I
I
I
I
I
I
I
I
I
P
P=Permitted Use, C=Conditional Use, Blank or Unlisted Activity= Pro hibited Use
Appendix 1 - Zoning District Schedule
C
R20
R20A
R15A
R10
R7
R7A
OI
C1
C2
IL
IH
Real Estate Agencies
P
P
Recreational Uses & Facilities
P
P
P
P
P
P
C
P
Repair & Servicing of Office & Household E ui ment
P
P
Restaurants, Grills, Taverns, Snack Bars
P
P
Sanitariums
P
P
Sanitary Landfills
C
P
Sewage Treatment Plants
P
Sheet Metal Shops & Tinsmith Shops
P
P
Shirt Manufacturers
P
P
Shoe Repairs
P
P
Shoe Stores
P
P
Shopping Centers
C
Sin Manufacturers
P
P
Single Family Houses
P
P
P
P
P
P
P
Sporting Goods
P
Stenographic, Telephone Answering
P
Stone Cutting, Monument Manufacturers & Sales
P
P
Storage Wharehouse Yards
P
P
Street Vendors
C
Studios artists, photographers, etc.
P
Taxi Stands
P
Textile Manufacturers
P
Theaters
P
Tire Sales & Services
P
Toy Stores
P
Transportation Terminals
P
Tree Farming & Forestry
P
P
P
Upholstery & Refinishing
P
P
Venetian Blind Manuf., Contractors, & Cleaning Sho s
P
P
Veterinary Medicine Clinic/Animal Hospital
P
C
P
P
Water Treatment Plants
P
lWelding Shops
P
I P
Wholesale & Jobbing Establishments
P
I P
P=Permitted Use, C=Conditional Use, Blank or Unlisted Activity=Prohibited Use
Appendix 2 - General Districts Requirements Guide
Square Feet
Lot Width
`Side Yard
Structural
Coverage
District
Per
Lot Depth
at Front
Front Yard
Setback
Rear Yard
Height
Allowed
Dwelling
Setback Line
Setback
each side
Setback
max
% & Feet
C
NA
NA
NA
NA
NA
NA
NA
30%
R-20
20,000
150
100
30
15
25
35
40%
8,000
R-20A
20,000
150
100
30
15
25
35
40%
8,000
R-15
15,000
150
90
30
15
25
35
30%
4,500
R-10
10,0.00 single
150
75
30
15
20
35
40%
16,000 du�lex
.'=
4,000:-
12,000. dupler.
R-7 c",
7 Q00; si�ngie
125
60
20
10
20
35
40%
4,000/, add, unit
2,800
12 ��3i du l.gx
R IAA``
r7,OGJ sinie
125
60
20
10
20
35
40%
ldd11rRIt
2,800
" or
0 0
120
75
20
10
20
NA
40%
2,800
C 1JA
NA
NA
NA
NA
20
NA
NA
C2
15,000
NA
100
50
25
25
NA
NA
Add 5 feet if abutting street (add 10 feet for OI)