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HomeMy WebLinkAboutMunicipal Zoning Ordinance-1996DCM COPY DO NOT REMOVE 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. 2 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. 3 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 2 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. F 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; R 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. 7 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. 9 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 10 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. 11 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 12 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. 13 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 01 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. 35 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 37 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. KD 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. 40 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. 41 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 42 --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 43 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 45 --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. 47 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. 51 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. 52 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. 53 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). 54 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. 55 --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. 56 --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 57 --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 wo "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. 59 --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. 61 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. 63 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. 65 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. . _ 67 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. 70 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. 71 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)