Official Zoning Ordinance-2000

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TOWN'OF
POWELLSVILLE
Berne County
North Carolina
OFFICIAL
ZONING ORDINANCE
Adopted: May 16, 2000
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lease do not remove.....►►►►►
Division of Coastal Management

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Town of Powellsville
Official Zoning Map
COPY
Property Lines
0 Town Boundary
Q Extraterritorial Jurisdiction
Zoning Districts
Residential (R)
-- Mobile Home Park (MHP)
- — Neighborhood Business (B-1)
Highway Business (B-2)
0.1 0 0.1 0.2 Miles
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W E
S
The preparation of this map was financed in part through a grant provided by
the North Carolina Coastal Management Program, through funds provided by
the Coastal Zone Management Act of 1972, as amended, which is
administered by the Office of Ocean and Coastal Resource Management,
National Oceanic and Atmospheric Administration.
This map represents a compilation of information from multiple sources, and
at different scales, which may result in inconsistencies among the
features represented on this map. The Mid -East Commission assumes no
responsibility for the accuracy of the source information.
Prepared by.
Mid -East Commission
PO Box 1787
Washington,
NC 27889
Bob Paciocco, Executive Director
Joe Dooley, Planning Director
Berry Gray, GIS Technician
October 4, 1999
MID EA6T Revised April 20, 2000
Adopted May 16, 2000
REVISIONS
Amendment Type of Change OrdinanceNumber Initial/Date
pate (if available)

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OFFICIAL ZONING ORDINANCE
Adopted: May 16, 2000
PREPARED FOR THE
TOWN OF POWELLSVILLE, NORTH CAROLINA
Thomas E. Asbell, Mayor
Helen Campbell, Town Clerk
BOARD OF COMMISSIONERS
Thomas E. Asbell, Mayor
William Ralph Barnes
Ernest R. Carter
Joseph T. Watford
WITH TECHNICAL ASSISTANCE BY:
Mid -East Commission
Planning/Land Use Administration Department
PO Box 1787
Washington, NC 27889
[phone]
Joseph G. Dooley, Jr., Planner -in -Charge, Planning Director/Land Use Administrator
J. Berry Gray, Land Use Planner/GIS Technician
Gail Pinkham, Administrative Assistant

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TABLE OF CONTENTS
ARTICLE I.
GENERAL PROVISIONS..................................................................1
SECTION 1.1.
TITLE AND ENACTMENT.......................................................................... 1
SECTION1.2.
SHORT TITLE........................................................................................... 1
SECTION 1.3.
JURISDICTION.......................................................................................... 1
SECTION1.4.
PURPOSE................................................................................................. 1
SECTION 1.5.
EFFECTIVE DATE..................................................................................... 2
SECTION 1.6.
RELATIONSHIP TO LAND USE PLAN ........................................................ 2
SECTION 1.7.
CONFORMITY WITH ORDINANCE PROVISIONS ......................................... 2
SECTION 1.8.
OFFICIAL ZONING MAP........................................................................... 2
SECTION 1.9.
ZONING MAP CHANGES.......................................................................... 2
SECTION 1.10.
REPLACEMENT OF OFFICIAL ZONING MAP .............................................. 3
SECTION 1.11.
RESPONSIBILITY FOR MAINTENANCE OF THE OFFICIAL ZONING MAP..... 3
SECTION1.12.
FEES........................................................................................................ 3
SECTION 1.13.
SEVERABILITY......................................................................................... 4
ARTICLE II.
DEFINITIONS..................................................................................... 5
ARTICLE III.
ADMINISTRATIVE MECHANISMS.............................................12
SECTION 3.1.
ZONING ADMINISTRATOR.....................................................................
12
SECTION 3.2.
BOARD OF ADJUSTMENT.......................................................................
12
3.2.1.
BOARD ESTABLISHED............................................................................
12
3.2.2.
BOARD OF ADJUSTMENT COMPOSITION ................................................
12
3.2.3.
BOARD OF ADJUSTMENT APPOINTMENT ...............................................
13
3.2.4.
OFFICERS..............................................................................................
13
3.2.5
MEETINGS; QUORUM REQUIRED...........................................................
13
3.2.6.
VOTING.................................................................................................14
3.2.7.
POWERS AND DUTIES............................................................................
14
SECTION 3.3.
PLANNING BOARD.................................................................................
14
3.3.1.
BOARD ESTABLISHED............................................................................
14
3.3.2.
PLANNING BOARD COMPOSITION..........................................................
14
3.3.3.
PLANNING BOARD APPOINTMENT
15
3.3.4.
POWERS AND DUTIES ................ .........................................................
16
3.3.5.
PUBLIC DISSENT....................................................................................
16
3.3.6.
FINAL ACTION.......................................................................................
16
ARTICLE IV. ADMINISTRATIVE AND LEGAL PROVISIONS .......................18
SECTION 4.1.
ZONING COMPLIANCE PERMIT REQUIRED .............................................
18
SECTION 4.2.
NO OCCUPANCY OR USE UNTIL REQUIREMENTS FULFILLED ................
18
SECTION 4.3.
ZONING PERMITS..................................................................................
18
SECTION 4.4.
SPECIAL -USE PERMITS..........................................................................
19
SECTION 4.5.
BOARD ACTION ON SPECIAL -USE PERMITS ...........................................
20
SECTION 4.6.
ADDITIONAL REQUIREMENTS ON SPECIAL -USE PERMITS ......................
20
SECTION 4.7.
EXPIRATION OF PERMITS.......................................................................
21
-1-

0
Table of Contents
(continued)
SECTION 4.8.
EFFECT OF PERMIT ON SUCCESSORS......................................................
22
SECTION 4.9.
RECONSIDERATION OF BOARD ACTION .................................................
22
SECTION 4.10.
APPLICATIONS TO BE PROCESSED EXPEDITIOUSLY ...............................
22
ARTICLE V.
APPEALS AND VARIANCES.........................................................
23
SECTION5.1.
APPEALS...............................................................................................
23
SECTION 5.2.
VARIANCES...........................................................................................
23
SECTION 5.3.
REQUESTS TO BE HEARD EXPEDITIOUSLY .............................................
24
SECTION 5.4.
PUBLIC HEARING REQUIRED.................................................................
24
SECTION S.S.
BOARD ACTION ON APPEALS AND VARIANCES .....................................
25
ARTICLE VI. ENFORCEMENT.............................................................................. 26
SECTION 6.1. COMPLAINTS REGARDING VIOLATIONS ................................................ 26
SECTION 6.2. PROCEDURES UPON DISCOVERY OF VIOLATIONS .................................. 26
SECTION 6.3. PENALTIES FOR VIOLATIONS................................................................. 26
SECTION 6.4. JUDICIAL REVIEW.................................................................................. 27
ARTICLE VII. LEGAL NONCONFORMITIES...................................................... 28
SECTION 7.1. CONTINUATION OF LEGAL NONCONFORMITIES..................................... 28
SECTION 7.2. EXTENSION OR ENLARGEMENT OF LEGAL NONCONFORMITY ................ 28
SECTION 7.3. REPAIR, MAINTENANCE AND RECONSTRUCTION .................................. 28
7.3.1. RENOVATIONS.......................................................................................28
7.3.2. RECONSTRUCTION.................................................................................28
7.3.3. PERMIT FOR RENOVATION OR REPLACEMENT ....................................... 28
SECTION 7.4. CHANGE IN USE.................................................................................... 29
SECTION 7.5. CESSATION OF USE................................................................................ 30
ARTICLE VIII. ZONING DISTRICTS....................................................................... 31
SECTION 8.1. ZONING DISTRICTS................................................................................ 31
ARTICLE IX. PERMISSIBLE USES....................................................................... 32
SECTION 9.1. TABLE OF PERMISSIBLE USES................................................................ 32
SECTION 9.2. ABBREVIATIONS.................................................................................... 34
SECTION 9.3. PERMISSIBLE USES AND SPECIFIC EXCLUSIONS .................................... 35
SECTION 9.4. ACCESSORY USES................................................................................. 35
SECTION 9.5. CHANGE IN USE.................................................................................... 36
ARTICLE X. SUPPLEMENTARY USE REGULATIONS .................................. 38
SECTION 10.1. ONE PRINCIPAL BUILDING ON ANY LOT ............................................... 38
SECTION 10.2. TRAVEL TRAILERS................................................................................ 38
SECTION 10.3. SPECIAL REGULATIONS FOR MOBILE HOMES ........................................ 38
SECTION 10.4. MOBILE HOME PARKS........................................................................... 39
10.4.1. APPLICATION REQUIRED....................................................................... 39
10.4.2. WATER SUPPLY..................................................................................... 40
10.4.3. SEWAGE DISPOSAL................................................................................ 40
-il-

Table of Contents
' (continued)
' 10.4.4. DESIGN SPECIFICATIONS....................................................................... 40
10.4.5. SIGNS....................................................................................................
41
'
10.4.6.
NONCONFORMING MOBILE HOME PARKS .............................................
41
ARTICLE XI.
DENSITY AND DIMENSIONAL REGULATIONS ......................
42
SECTION 11.1.
TABLE OF DIMENSIONAL REGULATIONS ...............................................
42
'
SECTION 11.2.
RESIDENTIAL DENSITY..........................................................................
42
SECTION 11.3.
LOT WIDTH...........................................................................................
42
'
SECTION 11.4.
SECTION 11.5.
BUILDING SETBACK REQUIREMENTS....................................................
BUILDING HEIGHT LIMITATIONS...........................................................
42
43
ARTICLEXII. PARKING........................................................................................... 45
' SECTION 12.1. ADEQUATE PARKING REQUIRED........................................................... 45
SECTION 12.2. TABLE OF PARKING REQUIREMENTS.. . 45
SECTION 12.3.
FLEXIBILITY IN ADMINISTRATION REQUIRED ........................................
46
'
SECTION 12.4.
LOADING AND UNLOADING AREAS .......................................................
47
ARTICLE XIII.
AMENDMENTS................................................................................
49
'
SECTION 13.1.
SECTION 13.2.
AMENDMENTS IN GENERAL...................................................................
INITIATION OF AMENDMENTS................................................................
49
49
SECTION 13.3.
HEARING REQUIRED; NOTICE...............................................................
49
'
SECTION 13.4.
13.5.
BOARD ACTION ON AMENDMENTS........................................................
PROTESTS ZONING DISTRICT CHANGES
50
50
SECTION
TO ...........................................

' ARTICLE I.
Section 1.1. Title and Enactment.
GENERAL PROVISIONS
AN ORDINANCE UPDATING THE ZONING REGULATIONS FOR THE TOWN
OF POWELLSVILLE, BERTIE COUNTY, NORTH CAROLINA.
Section 1.2. Short Title.
This ordinance shall be known and may be cited as the Town of Powellsville Zoning
Ordinance.
Section 1.3. Jurisdiction.
This ordinance shall be effective throughout the Town's Planning and Zoning
Jurisdiction. The Town's Planning and Zoning Jurisdiction comprises of the area within the
Corporate Limits of the Town as well as any officially adopted Extraterritorial Planning Area
as may be legally created.
Section I.A. Purpose.
In accordance with the provisions of Chapter 160A, Article 19, of the General Statutes
of North Carolina, as amended and supplemented, the Town Board of Powellsville acting as
the Powellsville Planning Board, has updated the Town's Zoning Ordinance showing
proposed district boundaries and codifying a procedure by which the zoning regulations,
restrictions and boundaries of the zoning districts shall be determined, established, enforced,
and from time to time amended, supplemented or changed. It having developed such a plan
by taking into consideration the character of each district and its peculiar suitability for
particular uses with a view to preserving the value of buildings and encouraging the most
appropriate use of land throughout the Town, hereby adopts this Zoning Ordinance. This
Zoning Ordinance has been updated in accordance with a plan for the development of
Powellsville and is designed to avoid congestion in the streets; to secure safety from fire,
panic, and their dangers; to promote health, general welfare, and a quality lifestyle; to provide
adequate light and air; to prevent the over development of land; to avoid undue concentration
of population; to facilitate the adequate provision of transportation, electricity, water,
sewerage, schools, parks, and other public requirements and to give reasonable consideration
to the future expansion and development of the town so as to provide for its planned growth
and development.

ARTICLE I. GENERAL PROVISIONS
Page 2
' Section 1.5. Effective Date.
The provisions of this ordinance were originally adopted on May 16, 2000 and became
' effective on May 16, 2000.
Section 1.6. Relationship to Land Use Plan.
It is the intent of this ordinance to update and implement the Planning and Zoning
policies adopted by Town Board for the Town, as reflected in the Town of Powellsville's
' Coastal Area Management Act Land Use Plan, as amended and supplemented.
Section 1.7. Conformity with Ordinance Provisions.
' Subject to Article VH of this ordinance (Legal Nonconformities), no person may use,
occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land
' or buildings under his/her control except in accordance with the provisions of this ordinance
and other applicable municipal ordinances. For purposes of this section, the "use" or
"occupancy" of a building or land relates to anything and everything that is done to, on, or in,
' that building or land.
Section 1.8. Official Zoning Map.
' For the purposes of this ordinance, the Town of Powellsville and any Extraterritorial
Jurisdiction hereafter fixed is hereby divided into Zones or Districts as shown on the Official
Zoning Map of Powellsville, North Carolina, which, together with all explanatory matter
thereon, is hereby adopted by reference and declared to be a part of this Ordinance.
' The Official Zoning Map shall be identified by the signature of the Mayor of the Town
of Powellsville and attested to by the Clerk and bearing the seal of the Town under the
following words:
' "This is to certifythat this is the Official Zoning Ma referred
g P
to in Article II of the Zoning Ordinance of Powellsville, North
Carolina," together with the date of adoption of this Ordinance.
' The Official Zoning Map, which shall be located in the Town Office, shall be the final
authority as to the current zoning status of land, water areas, and buildings in the Town and in
any Extraterritorial Jurisdiction hereafter fixed.
Section 1.9. Zoning Map Changes.
' If, in accordance with Article XIII of this Ordinance, changes are made in the zoning
district boundaries or other matter shown on the map, such changes shall be made together
with an entry on the map as follows:

1
ARTICLE I. GENERAL PROVISIONS
Page 3
"On (date), by official action, of the Town Board of
Commissioners, the following changes were made to the Official
Zoning Map: (brief description of changes)."
The entry shall be signed by the Mayor, and attested to and sealed by the Town Clerk.
No amendment to this Ordinance which involves a matter portrayed on the map shall become
effective until after such change and entry has been made on said map, in writing. The Town
Board of Commissioners shall give official notice, in writing, of the zoning change to the
zoning administrator within Seventy -Two (72) Business Hours after passage of said change.
Section 1.10. Replacement of Official Zoning Map.
In the event that the official zoning map becomes damaged, destroyed, lost, or difficult
to interpret, the Town Board of Commissioners may, by ordinance, adopt a new official
zoning map which shall be the same in every detail as the.map it supersedes. The new map
shall bear the signatures of the Mayor and Town Clerk and shall bear the seal of the Town
under the following words:
"This is to certify that this Official Zoning Map supersedes and
replaces the Official Zoning Map adopted on (date of adoption of
map replaced)," together with the date of adoption of the new map.
Section 1.11. Responsibility for Maintenance of the Official Zoning Map.
The zoning administrator shall be responsible for the maintenance of and revision of
the official zoning map. Upon notification, in writing, by the Town Board of Commissioners,
that a zoning change has been made, the zoning administrator shall make the necessary
changes on the official map within twenty-four (24) business hours following notification.
Section 1.12. Fees.
Reasonable fees sufficient to cover the costs of implementing, processing,
administering, enforcing, inspecting, reviewing, and publication of notice may be charged to
applicants for zoning permits, special -use permits, zoning amendments, variances and any and
all other administrative relief or items covered by this ordinance. The amount of the fees
charged shall be as set forth in the Town's budget or as established by resolution of the Town
Board filed in the office of the Town Clerk. Fees established in accordance with this Section
shall be paid, upon submission of a signed application or notice of appeal.

ARTICLE I. GENERAL PROVISIONS
Page 4
' Section 1.13. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance be
' decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision
shall not affect the validity of the ordinance as a whole or any part therein other than the part
so declared to be unconstitutional or invalid.
' END OF ARTICLE I

11
ARTICLE II. DEFINITIONS
' Unless otherwise specifically provided, or unless clearly required b the context the
U P Yp � Y q Y
' words and phrases defined in this ordinance shall have the meaning indicated when used in
this ordinance.
' 1. Accessory Structure or Use. A subordinate structure or use, the use of which is
permitted and incidental to that of the principal structure or use on the same
lot. Accessory buildings may be placed in any rear or side yard but may be no
' closer than five (5) feet from any property line.
2. Administrator, Zoning. The person, officer, or official and his/her authorized
' representative who the Town has designated as its agent for the administration
of this ordinance. The administrator may provide for the enforcement of this
ordinance by means of withholding zoning permits and occupancy permits, and
by instituting injunctions, mandamus, or other appropriate action or proceeding
to prevent unlawful erection, improvement, construction, reconstruction,
alteration, conversion, maintenance, or use; to correct or abate such violation,
or to prevent the occupancy of said building, structure, or land.
3. Bed and Breakfast. See Tourist Home.
4. 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.
' 5. Boarding ouse. A legal residential use consisting of at least one residential
dwelling unit together with more than two rooms that are rented or are
' designed or intended to be rented but which rooms, individually or
collectively, do not constitute separate legal dwelling units. A rooming house
or boarding house is distinguished from a tourist home in that the former is
designed to be occupied by longer -term residents (at least month -to -month
tenants) as opposed to overnight or weekly guests.
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."

11
ARTICLE II. DEFINITIONS
Page 6
7. Convenience Store. Inclusive of "gas station" and "filling station" and defined
as a building or lot used for the retail dispensing or sales of gasoline and diesel
fuel; sometimes having an accessory use of automobile servicing and repair,
car washes, the sale/installation of tires, oils, lubricants, batteries; and
sometimes having as an accessory use, the sales of snack foods, tobacco,
newspapers, ice, magazines, drinks, and other convenient type goods for off -
premises consumption.
8. Daycare Center. Any State of North Carolina licensed childcare arrangement
that provides daycare on a regular basis for more than four hours per day for
more than five children of preschool age.
9. Extraterritorial Planning Area. That portion of the Town's planning
jurisdiction that lies beyond the corporate limits of the Town.
' 10. Dwelling Unit. A structure containing sleeping, kitchen, and bathroom
facilities designed for and used or held ready for use as a permanent legal
residence by one family.
' 11. Home Occupation.
(A) A commercial activity that:
(i) is conducted by a person on the same lot (in a residential
district) where such person legally resides, and
(ii) is not so insubstantial or incidental or is not so commonly
associated with the residential use as to be regarded as an
accessory use, but that can be conducted without any
significantly adverse impact on the surrounding neighborhood.
'
(B) Without limiting the generality of the foregoing, a use may not be
regarded as having an insignificantly adverse impact on the
'
surrounding neighborhood if;
(i) goods, stock in trade„ or other commodities are displayed,
(ii) any on -premises retail sales occur,
'
(iii) more than one person not a resident of the premises is employed
in connection with the purported home occupation,
(iv) it creates objectionable noise fumes, odor, dust or electrical
interference, or
i

ARTICLE II. DEFINITIONS
' Page 7
' (v) more than 25 percent of the total gross floor area of residential
buildings plus other buildings housing the purported home
' occupation, or more than 1800 square feet of gross floor area
(whichever is less), is used for home occupation purposes.
t (C) The following is a non -exhaustive list of examples of enterprises that
may be home occupations if they meet the foregoing definitional
criteria:
' (i) workshops, greenhouses, or kilns,
' (ii) dressmaking or hairdressing studios.
12. Home Profession. Any profession for gain carried on by a member of a family
' or an individual residing on the premises, such use being incidental and
subordinate to the residential use. The term "home profession" shall not be
deemed to include a bed and breakfast or a tourist home.
' 13. 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.
14. Lot. A parcel of land occupied or capable of being legally occupied by a
building or group of buildings devoted to a common use, together with the
customary legal accessories and open spaces belonging to the same.
' 15. Lot Area. The total area circumscribed by the boundaries of a lot, except that:
t (a) when the legal instrument creating a lot shows the boundary of the lot
extending into a public street right-of-way, then the lot boundary for
purposes of computing the lot area shall be the street right-of-way line,
' or if that right-of-way line cannot be determined, a line running parallel
to and 30 feet from the center of the traveled portion of the street; and
(b) in a residential district, when a private road that serves more than three
dwelling units is located along any lot boundary, then the lot boundary
for purposes of computing the lot area shall be the inside boundary of
the traveled portion of that road.
16. Manufactured Home/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

ARTICLE II. DEFINITIONS
' Page 8
' (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 on its own chassis, and exceeds forty (40)
feet in length and eight (8) feet in width.
' 17. 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;
t (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;
(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.
' 18. 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 (HUD) 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.
' 19. Mobile Home Park. Any tract of land upon which two (2) or more mobile
homes occupied for dwelling 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.

ARTICLE II. DEFINITIONS
' Page 9
' 20. 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 (2) or more sections
transported to the site in a manner similar to a mobile home (except that the
' modular home meets the North Carolina State Building Code), or a series of
panels or room sections transported on a truck and erected or joined together
on the site.
' 21. Nonconforming. Use. (A legal use of a building and/or land that antedates the
adoption of these regulations and does not conform to the regulations for the
' district in which it is located.) A situation that occurs when, on the effective
date of this ordinance, any existing lot or structure or use of an existing lot or
structure does not conform to one or more of the regulations applicable to the
' district in which the lot or structure is located. Among other possibilities, a
nonconforming situation may arise because the relationship between existing
buildings and the land (in such matters as density and setback requirements) is
not in conformity with this chapter, or because land or buildings are used for
purposes made unlawful by this ordinance.
' 22. Nursing Home. Inclusive of "convalescent home," "rest home," or "elderly
home" described as a 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.
23. Planning Jurisdiction. The area within the Town corporate limits as well as the
area beyond the Town limits within which the Town is authorized to plan for
and regulate development, as set forth in Section 1.03 of this ordinance.
' 24. Residence, Multifamily. A residential use consisting of a building containing
three or more legal dwelling units. For purposes of this definition, a building
' includes all dwelling units that are enclosed within that building or attached to
it by a common floor or wall (even the wall of an attached garage or porch).
' 25. Residence, Two -Family. A residential use consisting of a building containing
two legal dwelling units. If two dwelling units share a common wall, even the
wall of an attached garage or porch, the dwelling units shall be considered to
' be located in one building.
26. Roominia House. (See Boarding House).
' 27. 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

ARTICLE II. DEFINITIONS
Page 10
gasoline, oil, grease, and accessories, and the minor repair of automobiles such
as tune-ups, brake adjustments, and tire changes, and excluding body working,
overhauling, painting and other specialized services.
' 28. Sign, Off -Premises. A sign that draws attention to or communicates
information about a business, service, commodity, accommodation, attraction,
' or other activity that is conducted, sold, or offered at a location other than the
premises on which the sign is located.
' 29. Special -Use Permit. A permit issued by the Board of Adjustment that
authorizes the recipient to make use of property in accordance with the
requirements of this ordinance as well as any additional requirements imposed
' by the Board of Adjustment.
30. Town. The Town of Powellsville, North Carolina.
' 31. Travel Trailer. A structure that:
(i) is intended to be transported over the streets and highways (either as a
motor vehicle or attached to or hauled by a motor vehicle), and
' (ii) is designed for temporary use as sleeping quarters but that does not
satisfy one or more of the definitional criteria of a mobile home.
' 32. Use. The activity or function that actually takes place or is intended to take
place on a lot.
' 33. Use, Principal. A use listed in the Table of Permissible Uses.
' 34. Variance. A written grant of permission by the Board of Adjustment that
authorizes the recipient to do that which, according to the strict letter of this
ordinance, he could not otherwise legally do.
35. Wholesale Sales. On -premises sales of goods primarily to customers engaged
in the business of reselling the goods.
' 36. Yard. Required open space unoccupied an unobstructed by any structure or
portion of a structure from ground to sky, except as provided herein.
' 37. 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.

ARTICLE II. DEFINITIONS
Page 11
38. 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.
39. 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.)
40. Zoning Permit. A permit issued by the Town of Powellsville zoning
administrator that authorizes the recipient to make use of property in
accordance with the provisions of this ordinance.
ND OF ARTICLE II

ARTICLE III. ADMINISTRATIVE MECHANISMS
Section 3.1. Zoning Administrator.
Except as otherwise specifically provided, primary responsibility for administering
and enforcing this ordinance may be assigned by the Town Board to one or more individuals.
' The person or persons to whom these functions are assigned shall be referred to in this
ordinance as the "Zoning Administrator."
' The Zoning Administrator shall have all necessary authority to administer and enforce
the provisions of this ordinance, including the power to order in writing the correction of any
condition found in violation of this ordinance, and the power to bring legal action to insure
' compliance with this ordinance, including injunction, abatement, or other appropriate action
or proceeding.
' Section 3.2. Board of Adjustment.
3.2.1. Board Established.
' There shall be a Board of Adjustment established in the Town. The Town Board shall
act in the capacity of the Board of Adjustment and shall assume the duties described herein.
3.2.2. Board of Adjustment Composition.
' The following shall represent the composition of the Board of Adjustment and govern
its appointment:
' (a) Total Membership. The Board of Adjustment shall consist of five (5) regular
members.
' (b) Municipal Members. Four (4) regular members shall be permanent residents
within the Corporate Limits of the Town.
(c) Extraterritorial Jurisdiction Members. One (1) member shall be a permanent
resident of the Extraterritorial Planning Jurisdiction of the Town. (Note: This
member shall have equal rights, privileges, and duties with the municipal
members of the Board of Adjustment, regardless of whether the matter is
an issue arising within the Extraterritorial Planning Jurisdiction or within
the Corporate Limits.)
12

ARTICLE III. ADMINISTRATIVE MECHANISMS
Page 13
3.2.3. Board ofAdjustment Appointment.
The following will guide the appointment of the appropriate members as outlined in
' Section 3.3.2.
(a) Responsibility of Appointments.
(1) Municipal Members. These four (4) members shall be appointed by the
Town Board.
t(2) Extraterritorial Jurisdiction Member. The one (1) member shall be
appointed by the Bertie County Board of Commissioners.
(NOTE: Should the County Board of Commissioners fail to make
the appointment within ninety (90) days of notice, the Town Board
may make such appointment.)
'
(b) PP Time of Appointment.
i(1) Date. In January of each year the Town Board and the County Board of
Commissioners shall appoint new members to the Board of Adjustment
for a term beginning on January 13th of the year of the appointment,
' provided that nothing in this section shall be construed to affect the
term of any member incumbent on the effective date of this Article.
t(2) Terms. The Board of Adjustment members shall each serve a three (3)
year, staggered term with each member serving until his/her successor
' is appointed and qualified.
(3) Vacancy. Any vacancy in the membership of the Board of Adjustment,
I other than by reason of the expiration of term of office, shall be filled
when such vacancy occurs for the unexpired term only.
3.2.4. Officers.
The Board of Adjustment shall elect one (1) of its members to serve as chairperson
and one (1) member to serve as vice-chairman. The persons so designated shall serve in these
capacities for terms of one year. The board may adopt rules and regulations governing its
procedures and operations not inconsistent with the provisions of this ordinance.
3.2.5 Meetings; Quorum Required.
The Board of Adjustment shall meet at the call of the chairperson and at such other
times as a majority of the Board may determine. All meetings of the Board shall be open to
the public. A quorum for the Board of Adjustment shall consist of the number of members

^,
L
1
ARTICLE III. ADMINISTRATIVE MECHANISMS
Page 14
equal to four -fifths (4/5) of the regular board. A quorum shall be necessary for the Board to
take official action.
3.2.6. Voting.
The concurring vote of four -fifths (4/5) of the regular Board of Adjustment
membership shall be necessary to reverse any order, requirement, decision, or determination
of the administrator or to decide in favor of the applicant any matter upon which it is required
to pass under any ordinance (including the issuance of a special -use permit) or to grant any
variance. All other actions of the Board shall be taken by majority vote, a quorum being
present.
3.2.7. Powers and Duties.
The Board of Adjustment shall hear and decide:
(a) Appeals from any order, decision, requirement, or interpretation made by the
zoning administrator as provided in Section 5.1. of this ordinance.
(b) Applications for conditional use permits, special -use permits as provided in
Section 4.4 of this ordinance.
(c) Applications for variances as provided in Section 5.2 of this ordinance.
(d) Questions involving interpretations of the officially adopted zoning map, and
as may be amended and supplemented.
Section 3.3. Planning Board.
3.3.1. Board Established.
There shall be a Planning Board established in the Town. The Planning Board shall be
the advisory board to the Town Board of Commissioners on matters related to the content of
this ordinance.
3.3.2. Planning Board Composition
The following shall represent the composition of the Planning Board and govern its
appointment:
(b) Total Membership. The Planning Board shall consist of five (5) regular
members.

ARTICLE III. ADMINISTRATIVE MECHANISMS
Page 15
(b) Municipal Members. Four (4) regular members shall be permanent residents
within the corporate limits of the Town.
(c) Extraterritorial Jurisdiction Members. One (1) member shall be a permanent
resident of the Extraterritorial Planning Jurisdiction of the Town. (Note: This
member shall have equal rights, privileges, and duties with the municipal
members of the Planning Board, regardless of whether the matter is an
issue arising within the Extraterritorial Planning Jurisdiction or within
the Corporate Limits.)
3.3.3. Planning Board Appointment.
' The following will guide the appointment of the appropriate members as outlined in
Section 3.3.2.
' (c) Responsibility of Appointments.
(1) Municipal Members. These four (4) members shall be appointed by the
' Town Board.
(3) Extraterritorial Jurisdiction Member. The one (1) member shall be
' appointed by the Bertie County Board of Commissioners.
(NOTE: Should the County Board of Commissioners fail to make
the appointment within ninety (90) days of notice, the Town Board
tmay make such appointment.)
' (d) Time of Appointment.
(4) Date. In January of each year the Town Board and the County Board of
Commissioners shall appoint new members to the Planning Board for a
term beginning on January 13th of the year of the appointment,
provided that nothing in this section shall be construed to affect the
' term of any member incumbent on the effective date of this Article.
(5) Terms. The Planning Board members shall each serve a three (3) year,
' staggered term with each member serving until his/her successor is
appointed and qualified.
' (6) Vacancy. Any vacancy in the membership of the Planning Board, other
than by reason of the expiration of term of office, shall be filled when
such vacancy occurs for the unexpired term only.

ARTICLE III. ADMINISTRATIVE MECHANISMS
Page 16
' 3.3.4. Powers and Duties.
The Planning Board shall act on the following and make appropriate recommendations
' to the Town Board concerning the following:
(1) Every proposed amendment, supplement, change, modification, or appeal to
' this ordinance shall be referred to the Planning Board for its recommendation
and report.
'
(2)
All requests for a change in the Official Zoning Map shall include a lot, block,
Tax Identification Number/Parcel Identification Number (Tax ID/PIN), an
adequate description of the property involved, and the names and addresses of
'
the current property owners.
(3)
Periodically review the district designations to ensure that land development is
'
taking place within the intent of this ordinance.
3.3.5.
Public Dissent.
Any action or amendment may be questioned by appropriate parties.
'
(a)
Petition of Dissent. A petition, in writing, actually signed by qualified
petitioners, must be presented to the Town Board.
'
(b)
Petitioners. Any action signed by the property owners (G.S. 160A-386) of
twenty percent (20%) or more, either of the area of the lots included in the
proposed change, or of those immediately adjacent thereto either in the rear
thereof or on the side thereof, extending one hundred (100') feet from the
street frontage of those directly opposite lots.
'
3.3.6.
Final Action.
The following constitutes responsibility of the Town Board in hearing appropriate
'
dissent:
' (A) Town Board shall consider such dissent at the next regularly scheduled
meeting following its presentation, unless presented less than five (5) business
days prior to such meeting, at which time the dissent will be placed on the next
' regularly scheduled meeting's agenda.
(B) Vote of Council. A simple majority of Town Board shall be required to amend
' this ordinance when such recommendations by the Planning Board are
favorable. A three-quarter (3/4) majority vote by the Town Board shall be

ARTICLE III. ADMINISTRATIVE MECHANISMS
Page 17
' required to amend this amendment, when the Planning Board recommends
against such amendment.
I
I
END OF ARTICLE III,

ARTICLE IV. ADMINISTRATIVE AND LEGAL PROVISIONS
' Section 4.1. Zoning P q Compliance Permit Required.
' The use made of property may not be substantially changed (see Section 9.5),
substantial clearing, grading, or excavation may not be commenced, and buildings or other
' substantial structures may not be constructed, erected, moved, removed, demolished, or
substantially altered except in accordance with and pursuant to one (1) of the following
permits:
' (A) A zoning permit issued by the administrator.
' (B) A special -use permit issued by the Board of Adjustment.
Zoning permits and special -use permits are issued under this ordinance only when a
' review of the application submitted, including the plans contained therein, indicates that the
development will comply with the provisions of this ordinance if completed as proposed.
' A zoning permit or special -use permit, shall be issued in the name of the owner, shall
precisely identify the property involved and the proposed use, shall incorporate by reference
the plans submitted, and shall contain in writing any special conditions or requirements
' lawfully imposed by the permit -issuing authority.
Section 4.2. No Occupancy or Use Until Requirements Fulfilled.
Issuance of a special -use, or zoning permit authorizes the recipient to commence the
activity resulting in a change in use of the land or (subject to obtaining a building permit) to
commence work designed to construct, erect, move, remove, demolish, or substantially alter
buildings or other substantial structures. However, the intended use may not be commenced
and no building may be occupied until and after all of the requirements of this ordinance, and
' all other applicable municipal ordinances, as well as all additional requirements imposed
pursuant to the issuance of a special use permit have been complied with.
' Section 4.3. Zoning Permits.
A completed application form for a zoning permit shall be submitted to the zoning
' administrator by filing a copy of the application with the Town Clerk.
The zoning administrator shall issue the zoning permit unless he/she finds, after
' reviewing the application and consulting with the applicant if necessary, that:
(A) The requested permit is not within his/her jurisdiction according to the Table
of Permissible Uses, or
1
18

ARTICLE IV. PERMITS
' Page 19
I(B) The application is incomplete, or
' (C) If completed as proposed, the development will not comply with one or more
requirements of this ordinance (not including those requirements concerning
which a variance has been grated or those the applicant is not required to
' comply with under the circumstances specified in Article VII,. "Legal
Nonconformities," or
0
I
(D) The applicable fee(s) has not been paid.
Section 4.4. Special -Use Permits.
An application for a special -use permit shall be submitted to the Board of Adjustment
by filing a copy of the application with the Town Clerk.
Subject to item D below, the Board of Adjustment shall issue the requested permit
unless it concludes, based upon the information submitted at the hearing, that:
(A) The requested permit is not within its jurisdiction according to the Table of
Permissible Uses; or
(B) The application is incomplete; or
(C) If completed as proposed in the application, the development would not
comply with one or more requirements of this ordinance (not including those
the applicant is not required to comply with under the circumstances specified
in Article VII, "Legal Nonconformities"); or
(D) Even if the board finds that the application complies with all other provisions
of this ordinance, it may still deny the permit if it concludes, based upon the
information submitted at the hearing, that completed as proposed, the
development, more probably than not:
(1) Will materially endanger the public health or safety; or
(2) Will substantially injure the value of adjoining or abutting property; or
(3) Will not be in harmony with the area in which it is to be located; or
(4) Will not be in general conformity with the Town's Coastal Area
Management Act Land Use Plan, a thoroughfare plan, or other plan
officially adopted by the Board; or

ARTICLE IV. PERMITS
Page 20
'
(E) The applicable fee(s) has not been paid.
Section 4.5. Board Action on Special -Use Permits.
'
In considering whether to approve an application for a special -use permit, the Board of
Adjustment shall proceed according to the following format:
'
(A) The board shall consider whether the application is complete. If the board
concludes that the application is incomplete, and the applicant refuses to
'
provide the necessary information, the application shall be denied. A motion
to this effect shall specify either the particular type of information lacking or
the particular requirement with respect to which the application is incomplete.
'
A motion to this effect, concurred in by a majority of the members of the
board, shall constitute the board's finding on this issue. If a motion to this
effect is not made and concurred in by a majority of the board members, this
'
shall be taken, as an affirmative finding by the board that the application is
complete.
'
(B) The board shall consider whether the application complies with all of the
applicable requirements of this ordinance. If a motion to this effect passes by
the necessary four -fifths (4/5) vote, the board need not make further findings
'
concerning such requirements. If such a motion fails to receive the necessary
four -fifths vote or is not made, then a motion shall be made that the application
be found not in compliance with one or more requirements of this ordinance.
'
Such a motion shall specify the particular requirements the application fails to
meet. As provided in Section 4.4, item C, if the board concludes that the
application fails to meet one or more of the requirements of this ordinance, the
'
application shall be denied.
(C) If the board concludes that all such requirements are met, it shall issue the
'
permit unless it adopts a motion to deny the application for one or more of the
reasons set forth in Section 4.4, item D. Such a motion shall propose specific
'
findings, based upon the evidence submitted, justifying such a conclusion.
Since such a motion is hot in favor of the applicant, it is carried by a simple
majority vote.
'
Section 4.6. Additional Requirements on Special -Use Permits.
The Board of Adjustment may attach to the permit such reasonable requirements in
'
addition to those specified in this ordinance as will ensure that the development in its
proposed location:
'
(A) Will not endanger the public health or safety,

ARTICLE IV. PERMITS
Page 21
'
(B) Will not injure the value of adjoining or abutting property,
(C) Will be in harmony with the area in which it is located, and
'
(D) Will be in conformity with the Coastal Area Management Act Land Use Plan,
a thoroughfare plan, or other plan officially adopted by the Town Board.
'
The board may not however, attach additional conditions that modify or alter the
specific requirements set forth in this ordinance unless the development in question presents
'
extraordinary circumstances that justify the variation from the specified requirements.
Section 4.7. Expiration of Permits.
Zoning and special -use permits shall expire automatically if, within six (6) months
after the issuance of such permits:
(A) The use authorized by such permits has not commenced, in circumstances
where not substantial construction, erection, alteration, excavation, demolition,
'
or similar work is necessary before commencement of such use, or
(B) Less than ten percent (10%) of the total cost of all construction, erection,
'
alteration, excavation, demolition, or similar work on any development
authorized by such permits has been completed on the site.
' If, after some physical alteration to land or structures begins to take place, such work
is discontinued for a period of one (1) year, then the permit authorizing such work shall
immediately expire.
' The permit -issuing authority may extend for a period up to six months the date when a
permit would otherwise expire if it concludes that:
' (i) the permit has not yet expired,
' (ii) the permit recipient has proceeded with due diligence and in good faith,
and
' (iii) conditions have not changed so substantially as to warrant a new
application.
' Successive extensions may be granted for periods up to six months upon the same
findings. All such extensions may be granted without resort to the formal processes and fees
' required for a new permit.

ARTICLE IV. PERMITS
Page 22
' Section 4.8. Effect of Permit on Successors.
Zoning and special -use permits authorize the permittee to make use of land and
structures in a particular way. Such permits are transferable. However, so long as the land or
structures or any portion thereof covered under a permit continues to be used for the purposes
for which the permit was granted, then no person (including successors or assigns of the
' person who obtained the permit) may make use of the land or structures covered under such
permit for the purposes authorized in the permit except in accordance with all the terms and
requirements of that permit.
Section 4.9. Reconsideration of Board Action.
' Whenever the Board of Adjustment disapproves an application for a special -use
permit or a variance, on any basis other than the failure of the applicant to submit a complete
application, such action may not be reconsidered by the board at a later time unless and until
' the applicant clearly demonstrates that:
(A) Circumstances affecting the property that is the subject of the application have
' substantially changed, or
(B) New information is available that could not with reasonable diligence have
' been presented at a previous hearing. A request to be heard on this basis must
be filed with the administrator within the time period for an appeal to superior
court (Section 6.4). However, such a request does not extend the period within
' which an appeal must be taken.
Notwithstanding the above, the Board of Adjustment may at any time consider a new
application affecting the same property as an application previously denied. A new
application is one that differs in some substantial way from the one previously considered.
Section 4.10. Applications to be Processed Expeditiously.
Recognizing that inordinate delays in acting upon appeals or applications may impose
unnecessary costs on the appellant or applicant, the Town shall make every reasonable effort
to process appeals and permit applications as expeditiously as possible, consistent with the
need to ensure that all development conforms to the requirements of this ordinance.
U

IARTICLE V. APPEALS AND VARIANCES
Section 5.1. Appeals.
'
An appeal from any final order or decision of the Zoning Administrator may be taken
to the Board of Adjustment by any person aggrieved. An appeal must be taken within 30 days
after the date of the decision order appealed from. An appeal is taken by filing with the
'
administrator and the Board of Adjustment a written notice of appeal specifying the grounds
therefore. Whenever an appeal is filed, the Zoning Administrator shall forthwith transmit to
the Board of Adjustment all the papers constituting the record relating to the action appealed
'
from.
'
An appeal stays all actions by the administrator seeking enforcement of or compliance
with the order or decision appealed from, unless the administrator certifies to the Board of
Adjustment that a stay would, in, his opinion, cause imminent peril to life or property.
'
The Board of Adjustment may reverse or affirm (wholly or partly), or may modify the
order, requirement or decision or determination appealed from and shall make any order,
requirement, decision or determination that in its opinion ought to be made in the case before
'
it. To this end, the board shall have all the powers of the officer from whom the appeal is
taken.
'
Section 5.2. Variances.
' A written, signed application for a variance shall be submitted to the Board of
Adjustment by filing a copy of the written, signed application with the Town Clerk, and the
payment of the applicable fee(s).
A variance may be granted by the Board of Adjustment if it concludes that strict
enforcement of the ordinance would result in practical difficulties or unnecessary hardships
' for the applicant and that, by granting the variance, the spirit of the ordinance will be
observed, public safety and welfare secured, and substantial justice done. It may reach these
conclusions if it finds that:
(A) If the applicant complies strictly with the provisions of the ordinance, he can
make no reasonable use of his property,
' (B) The hardship of which the applicant complains is one suffered by the applicant
rather than by neighbors or the general public,
1
23

11
ARTICLE V. APPEALS AND VARIANCES
Page 24
' (C) The hardship relates to the applicant's land, rather than personal
circumstances,
' (D) The hardship is unique, or nearly so, rather than one shared by many
surrounding properties,
' (E) The hardship is not the result of the applicant's own actions, and
' (F) The variance will neither result in the extension of a legal nonconformity in
violation of Article VII nor authorize the initiation of a nonconforming use of
land.
In granting variances, the Board of Adjustment may impose such reasonable
conditions as will ensure that the use of the property to which the variance applies will be as
' compatible as practicable with the surrounding properties.
A variance may be issued for an indefinite duration or for a specified duration only.
' The nature of the variance and any conditions attached to it shall be written in detail on the
face of the zoning permit, or the zoning permit may simply note the issuance of the variance
and refer to the written record of the variance for further information. All such conditions are
' enforceable in the same manner as any other applicable requirement of this ordinance.
Section 5.3. Requests to be Heard Expeditiously.
As provided in Section 4.10, the Board of Adjustment shall hear and decide all appeals
and variance requests, as expeditiously as possible, consistent with the need to follow
' regularly established agenda procedures, provide notice in accordance with Section 5.4, and
obtain the necessary information to make sound decisions.
Section 5.4. Public Hearing Required.
Before making a decision on an appeal or an application for a variance or a special -use
' permit, the Board of Adjustment shall hold a public hearing on the appeal or application.
' A notice of such public hearing shall be placed once a week for two (2) successive
weeks in a newspaper of general circulation in the Town. Such notice shall be published the
first time not less than fifteen (15) days nor more than twenty-five (25) days before the date
' fixed for the hearing.
At least ten (10) days prior to the date of the hearing, the zoning administrator shall
furnish adjoining property owners (as shown on the Bertie County tax listing) written notice
of the hearing.

ARTICLE V. APPEALS AND VARIANCES
Page 25
The notice required by this section shall state the date, time, and place of the hearing,
reasonably identify the lot that is the subject of the application or appeal, and give a brief
description of the action requested or proposed.
' Section 5.5. Board Action on Appeals and Variances.
5.5.1. Action on Appeals.
With respect to appeals, a motion to reverse, affirm, or modify the order, requirement,
' decision, or determination appealed from shall include, insofar as practicable, a statement of
the specific reasons or findings of facts that support the motion. If a motion to reverse or
modify is not made or fails to receive the four -fifths (4/5) vote necessary for adoption (see
Section 3.2.4), then a motion to uphold the decision appealed from shall be in order. This
motion is adopted as the Board's decision if supported by more than one -fifth of the Board's
membership.
' 5.5.2. Granting a Variance.
Before granting a variance, the board must vote affirmatively (by a four -fifths majority
- see Section 3.2.4) on the six required findings stated in Section 5.2. Insofar as practicable, a
motion to make an affirmative finding on the requirements set forth in Section 5.2 shall
include a statement of the specific reasons or findings of fact supporting such motion.
5.5.3. Denying a Variance.
A motion to deny a variance may be made on the basis that any one or more of the six
criteria set forth in Section 5.2 are not satisfied or that the application in incomplete. Insofar
as practicable, such a motion shall include a statement of the specific reasons or findings of
fact that support it. This motion is adopted as the Board's decision if supported by more than
one -fifth of the Board's membership.
END O ARTICLE

ARTICLE VI. ENFORCEMENT
' Section 6.1. Complaints Regarding Violations.
' Whenever the administrator receives a written, signed complaint alleging a violation
of this ordinance, he/she shall investigate the complaint, take whatever action is warranted,
and inform the complainant in writing what actions have been or will be taken.
Section 6.2. Procedures Upon Discovery of Violations.
P rY
' If the administrator finds that any provision of this ordinance is being violated, he/she
shall send a written, notice to the person responsible for such violation, indicating the nature
' of the violation and ordering the action necessary to correct it. Additional written notices may
be sent at the administrator's discretion.
' The final written notice (and the initial written notice may be the final notice) shall
state what action the administrator intends to take if the violation is not corrected and shall
advise that the administrator's decision or order may be appealed to the Board of Adjustment
' in accordance with Section 5.1.
Notwithstanding the foregoing, in cases when delay would seriously threaten the
' effective enforcement of this ordinance or pose a danger to the public health, safety, or
welfare, the administrator may seek enforcement without prior written notice by invoking any
of the penalties or remedies authorized in Section 6.3.
' Section 6.3. Penalties for Violations.
11
Violations of the provisions of this ordinance or failure to comply with any of its
requirements, including violations of any conditions and safeguards established in connection
with grants of variances or special -use permits, shall constitute a misdemeanor, punishable by
a fine of up to fifty dollars ($50), or a maximum thirty (30) days imprisonment, or both.
Any act constituting a violation of the provisions of this ordinance or a failure to
comply with any of its requirements, including violations of any conditions and safeguards
established in connection with the grants of variances or special -use permits, shall also subject
the offender to a civil penalty of twenty-five dollars ($25). If the offender fails to pay this
penalty within ten (10) days after being cited for a violation, the penalty may be recovered by
the Town in a civil action in the nature of debt. A civil penalty may not be appealed to the
Board of Adjustment if the offender was sent a final notice of violation in accordance with
Section 6.2, and did not take an appeal to the Board of Adjustment within the prescribed time.
26

ARTICLE VI. ENFORCEMENT
Page 27
This ordinance may also be enforced by any appropriate equitable action.
' Each day that any violation continues after notification by the administrator that such
violation exists shall be considered a separate offense for purposes of the penalties and
remedies specified in this section.
Any one, all or any combination of the foregoing penalties and remedies may be used
to enforce this ordinance.
Section 6.4. Judicial Review.
' Every final decision of the Board of Adjustment shall be subject to review by the
Superior Court of Bertie County. The petition for Superior Court review must be filed within
thirty (30) days after a written copy of the board's decision has been delivered by personal
service or certified mail, return receipt requested, to the applicant or appellant and every other
aggrieved party who has filed a written request for such copy at the hearing of the case.
_ ND OF ARTICLE VI

' ARTICLE VII. LEGAL NONCONFORMITIES
Section 7.1. Continuation of Leg
al al Nonconformities. g
' Unless otherwise specifically provided in this ordinance and subject to the restrictions
and qualifications set forth in Sections 7.2 through 7.5, legal nonconformities that were
' otherwise lawful on the effective date of this ordinance may be continued.
Section 7.2. Extension or Enlargement of Legal Nonconformity.
' No person may engage in any activity that causes an increase in the extent of
nonconformity of a legal nonconformity. In particular, physical alteration of structures or the
' placement of new structures on open land is unlawful if such activity results in:
An increase in the total amount of space devoted to a nonconforming use, or
tGreater nonconformity with respect to dimensional restrictions such as setback
requirements or density requirements.
' Section 7.3. Repair, Maintenance and Reconstruction.
' 7.3.1. Renovations.
Major renovation, i.e., work estimates to cost more than twenty-five percent (25%) of
' the appraised valuation of the structure to be renovated, of property where legal
nonconformities exist, may be done only in accordance with a zoning permit issued pursuant
to this section.
' 7.3.2. Reconstruction.
' If a structure located on a lot where a legal nonconformity exists is damaged to an
extent that the costs of repair or replacement would exceed twenty-five percent (25%) of the
appraised valuation of the damaged structure, then the damaged structure may be repaired or
' replaced only in accordance with a zoning permit issued pursuant to this section.
7.3.3. Permit for Renovation or Replacement.
' The administrator shall issue a permit authorized by this section if he finds that, in
completing the renovation, repair, or replacement work:
1
28

1
ARTICLE VII. LEGAL NONCONFORMITIES
Page 29
(i) No violation of Section 7.2 will occur, and
(ii) The permittee will comply to the extent reasonably possible with all provisions
of this ordinance applicable to the existing use (except that the permittee shall
not lose his right to continue a legal nonconforming use).
' Section 7.4. Change in Use.
A change in use of property (where a legal nonconformity exists) that is sufficiently
' substantial to require a new zoning or special -use permit in accordance with Section 4.1 may
not be made except in accordance with this section.
' If the intended change in use is to a principal use that is permissible in the district
where the property is located, and all of the other requirements of this ordinance applicable to
that use can be complied with, permission to make the change must be obtained in the same
' manner as permission to make the initial use of a vacant lot. Once conformity with this
ordinance is achieved, the property may not revert to its nonconforming status.
'
If the intended change in use is to a principal use that is permissible in the district
where the property is located, but all of the requirements of this ordinance applicable to that
use cannot reasonably be complied with, then the change is permissible if the entity
'
authorized by this ordinance to issue a permit for that particular use (the administrator or
Board of Adjustment) issues a permit authorizing the change. This permit may be issued if
the permit -issuing authority finds, in addition to any other findings that may be required by
this ordinance, that:
(A) The intended change will not result in a violation of Section 7.2, and
(B) All of the applicable requirements of this ordinance that can reasonably be
'
complied with will be complied with.
If the intended change in use is to another principal use that is also nonconforming,
then the change is permissible if the entity authorized by this ordinance to issue a permit for
'
that particular use (administrator or Board of Adjustment) issues a permit authorizing the
change. The permit -issuing authority may issue the permit if it finds, in addition to other
'
findings that may be required by this ordinance, that:
(A) The use requested is one that is permissible in some zoning district with either
'
a zoning or special -use permit, and
(B) The proposed development will have less of an adverse impact on those most
affected by it and will be more compatible with the surrounding neighborhood
'
than the use in operation at the time the permit is applied for.

ARTICLE VII. LEGAL NONCONFORMITIES
Page 30
Section 7.5. Cessation of Use.
When a legal nonconforming use is discontinued for a consecutive period of one
hundred eighty (180) days, or discontinued for any period of time without a present intention
to reinstate the legal nonconforming use, the property involved may thereafter be used only
for conforming purposes.

IARTICLE VIII. ZONING DISTRICTS
ISection 8.1. Zoning Districts.
I
For purposes of this ordinance, the following zones or districts are hereby established:
Residential District 0. This district is designed and intended to secure for the persons
who reside there a comfortable, healthy, safe, and pleasant residentially oriented environment
in which to live sheltered from incompatible and disruptive activities that properly belong in
nonresidential districts.
Mobile Home Park District GM). This district is designed to accomplish the
purposes of the Residential District, and at the same time, to permit mobile homes (Class A
and/or Class B) as single-family residences. The mobile home park district is a "floating"
district, meaning that such districts are established on a case -by -case basis, by special -use
permit from the Board of Adjustment. Mobile Home Park Districts shall only be permitted
within areas designated Developed or Transition in the Town's Coastal Area Management
Act Land Use Plan.
Neighborhood Business District (B-1). This district is designed to accommodate a
variety of commercial activities (particularly those that are pedestrian -oriented) that will result
in the most intensive and attractive use of the Town's central commercial area.
Highway Business District B-2). This district is designed to accommodate a wide
variety of high -impact commercial uses.
END OF ARTICLE VIII
1
31

ARTICLE IX. PERMISSIBLE USES
Section 9.1. Table of Permissible Uses.
The Table of Permissible Uses should be read in close conjunction with the definitions
set forth in Article II and the other interpretive provisions set forth in this article.
TABLE OF PERMISSIBLE USES
USES DESCRIPTION
ZONE
R
MHP
B-1
B-2
A. Residential
1. Single -Family Residences
a. Site -built and modular structures
Z
b. Mobile homes/Manufactured homes
S'
ZS
2. Two -Family Residences
Z
S
Is
3. Multifamily Residences
S
S
S
4. Homes emphasizing special services,
treatment, or supervision, such as homes for
handicapped, nursing, or intermediate care
homes, and halfway houses
S
5. Miscellaneous, rooms for rent situations
a. Rooming houses, boarding houses
S
S
S
b. Tourist homes and other temporary
residences renting by the day or week
S
S
S
C. Hotels, motels, and similar businesses or
institutions providing overnight
accommodations
S
Z
6. Home Professions/Occupations
I Z
I
Is
Is
*See Section 9.2 for explanations of Z, S, and ZS designations.
1 Mobile Homes in the Residential District must also meet the requirements of section 10.3.
2 Homes emphasizing special services are distinguished from institutional facilities offering similar
services in that homes will house not more than nine individuals needing special services together
with not more than two service providers; institutional facilities have more than nine individuals
needing special services and/or more than two service providers.
32

ARTICLE IX. PERMISSIBLE USES
Page 33
TABLE OF PERMISSIBLE USES
Continued
USES DESCRIPTION
ZONE
R
MHP
B-1
B-2
B. Sales and Rental of Goods, Merchandise and
Equipment
1. No storage or display of goods outside fully
enclosed building
a. Convenience store
S
S
Z
b. Wholesale sales
S
Z
C. All other
Z
Z
2. Storage and display of goods outside fully
enclosed building
Z
C. Office, Clerical, Research and Services Not
Primarily Related to Goods and Merchandise
1. All operations conducted entirely within fully
enclosed building
Z
Z
2. Operations conducted within or outside fully
enclosed building (i.e., banks with drive-in
windows
S
Z
D. Manufacturing, Processing, Creating, Repairing,
Renovating, Painting, Cleaning, Assembling
Goods, merchandise, and Equipment
S
E. Educational, Cultural, Religious, Philanthropic,
Social, Fraternal Uses
S
Z
Z
F. Recreation, Amusement, Entertainment
S
S
G. Institutional Residence or Care Facilities'
S
H. Restaurants
1. No substantial carry -out or delivery service,
no drive-in service, no service or
consumption outside fully enclosed structure
Z
Z
2. All other
Is
I Z

ARTICLE IX. PERMISSIBLE USES
Page 34
TABLE OF PERMISSIBLE USES
Continued
USES DESCRIPTION
ZONE
R
MHP
B-1
B-2
I. Dry Cleaners, Laundromats
S
Z
J. Funeral Homes
S
S
K. Nursery Schools, Day Care Centers
S
Z
Z
L. Motor Vehicle -Related Sales and Service
Operations
S
M. Emergency Services (police, fire, rescue squad and
ambulance stations/services
S
Z
N. Open Air Markets and Horticultural Sales
Z
1. Operation conducted from permanent
building
Z
2. Operation conducted from temporary building
or structure, or from motor vehicle
S
O. Services and Enterprises Related to Animals
Veterinarians and Kennels
S
P. Off -Premise Signs
Z
Q. Agricultural Operations (except livestock
Z
R. Miscellaneous Public Facilities (Post Office, Town
Hall
Z
Z
S. Cemetery
S
S
ISection 9.2. Abbreviations.
' When used in conjunction with a particular use in Section 9.1, the letter "Z" means
that the use is permissible in the indicated zone with a zoning permit issued by the
administrator. The letter "S" means a special -use permit must be obtained from the Board of

ARTICLE IX. PERMISSIBLE USES
Page 35
' Adjustment. The designation "ZS". (item A. Lb, Mobile Homes) means that the use is
permissible with a zoning permit once a special -use permit has been secured to establish the
mobile home district.
' Section 9.3. Permissible Uses and Specific Exclusions.
The list of permissible uses set forth in Section 9.1 cannot be all inclusive, therefore,
'
those uses that are listed shall be interpreted liberally to include other uses that have similar
impacts to the listed uses.
'
Notwithstanding the above, all uses that are not listed in Section 9.1 are prohibited.
Without limiting the generality of the foregoing provision, the following uses are specifically
'
prohibited in all districts:
(A) Any use that involves the manufacture, handling, sale, distribution, or storage
'
of highly combustible or explosive materials.
(B) Stockyards, slaughterhouses, rendering plants.
(C) Use of a travel trailer as a permanent residence.
' (D) Use of a motor vehicle parked on a lot as a structure in which, out of which, or
from which any goods are sold or stored, any services are performed, or other
business is conducted except as provided under Section 9.LN.
(E) Scrap materials salvage yards, junkyards, and automobile graveyards.
I
Section 9.4. Accessory Uses.
(A) The Table of Permissible Uses (Section *9.1) classifies different principal uses
according to their different impacts. Whenever an activity (which may or may
not be separately listed as a principal use in this table) is conducted in
conjunction with another principal use and the former use:
(i) constitutes only an incidental or insubstantial part of the total activity
that takes place on a lot, or
(ii) is commonly associated with the principal use and integrally related to
it, then the former use may be regarded as accessory to the principal
use and may be carried on underneath the umbrella of the permit issued
for the principal use. For example, a swimming pool is customarily
associated with a residential dwelling and would be regarded as
accessory to such principal use, even though such a facility, if
1

ARTICLE IX. PERMISSIBLE USES
Page 36
developed apart from a residential use, would require a special -use
permit (use classification F).
' (B) Without limiting the generality of the above paragraph, the following
activity(ies) shall not be regarded as accessory to a residential principal use
and are prohibited in the residential district:
' (i) Storage outside of a substantially enclosed structure of any motor
vehicle that is neither licensed nor operational.
Section 9.5. Change in Use.
' (A) A substantial change in use of property occurs whenever the essential character
or nature of the activity conducted on a lot changes. This occurs whenever:
(i) The change involves a change from one principal use category to
another.
' (ii) If there is only one business or enterprise conducted on the lot
(regardless of whether that business or enterprise consists of one
individual principal use or a combination use), that business or
enterprise moves out and a different type of enterprise moves in (even
though the new business or enterprise may be classified under the same
principal use or combination use category as the previous type of
' business). For example, if there is only one building on a lot and a
florist shop that is the sole tenant of that building moves out and is
replaced by a clothing store, that constitutes a change in use even
though both tenants fall within principal use classification B.l.c.
However, if the florist shop were replaced by another florist shop, that
would not constitute a change in use since the type of business or
' enterprise would not have changed.
(C) A mere change in the status of property from unoccupied to occupied or vice
' versa does not constitute a change in use. Whether a change in use occurs
shall be determined by comparing the two active uses of the property without
regard to any intervening period during which the property may have been
' unoccupied, unless the property has remained unoccupied for more than one
hundred eighty (180) consecutive days or has been abandoned.
11

E
1
1
11
ARTICLE IX. PERMISSIBLE USES
Page 37
(C) A mere change in ownership of a business or enterprise or a change in the
name shall not be regarded as a change in use.
+.CND OF ARTICLE IX
1

'
ARTICLE X. SUPPLEMENTARY USE REGULATIONS
'
Section 10.1. One Principal Building An Lot.
P g on Y
'
Only one (1) principal building may be erected on any lot.
'
Section 10.2. Travel Trailers.
A travel trailer shall not be used as a permanent residence in any district. However, in
'
the Residential District, a travel trailer may be used as a temporary residence, provided that
the period of occupancy does not exceed fourteen (14) consecutive days and that the travel
trailer is removed from the lot after the occupancy period.
'
Section 10.3. Special Regulations for Mobile Homes.
Mobile homes may be permitted by special -use permit in the Residential District
'
under the following conditions:
(A)
The land on which the mobile home is to be located must be owned by the
'
owner of the mobile home.
'
(B)
The lot must meet with the dimensional requirements set Article XI with no
variance.
(C)
The tongue, axles, transporting lights, and removable towing apparatus are
'
removed after placement on the lot and before occupancy.
'
(D)
A masonry or pressure -treated wood skirting is provided. Such skirting must
be continuous between the chassis and the ground, completely enclosing the
area around the home.
'
(E)
Footings must be made of concrete, three (3) inches deep and sixteen (16)
inches wide; mortar must be placed between blocks.
'
(F)
The long length of the home must be parallel with the street.
(G) The exterior siding consists of wood, hardboard, or aluminum (vinyl covered
or painted, but in no case exceeding the reflectivity of gloss white paint)
comparable in composition, appearance, and durability to the exterior siding
' commonly used in standard residential construction.
1
38

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I
ARTICLE X. SUPPLEMENTARY USE REGULATIONS
Page 39
Section 10.4. Mobile Home Parks.
Mobile home parks shall be permitted only within a Mobile Home Park District as
established in Section 8.1.
10.4.1. Application Required.
Application for a zoning permit to develop, operate, alter, or maintain a mobile home
park shall be made to the zoning administrator. The application shall include the following
information:
(A) A detailed design plan for the park showing:
(i) date, scale, and north arrow;
(ii) name of the mobile home park, and names and addresses of the
owners and designers of the park;
(iii) the area to be used for the park showing the Land Classification
of the site, property lines, adjacent zoning and land use;
(iv) driveways, entrances, exits, roadways, and walkways;
(v) location of mobile home spaces and buildings;
(vi) method and plan of sewage disposal;
(vii) plans of proposed utility layouts (including water supply);
(viii) plans for proposed storm drainage for each mobile home space
and for the entire mobile home park including all proposed
grading and any installations, which may be deemed necessary
to insure proper drainage and the elimination of ponding.
(ix) location and number of refuse containers.
(B) Plans and specifications for any building to be constructed on the site.
(C) Any other information that may be required to enable the zoning
administrator to determine that the proposed park will meet the
requirements of this ordinance and other applicable laws.

ARTICLE X. SUPPLEMENTARY USE REGULATIONS
Page 40
' 10.4.2. Water Supply.
All mobile home parks shall connect to the Town's public water system if any
' perimeter property line is located within 200 feet of an existing water line. Where a private
community system is proposed, the application required in Section 10.4.1 shall be
accompanied by a letter of approval from the North Carolina Division of Health Services.
10.4.3. Sewage Disposal.
' Where a private package treatment plant is proposed, the application required in
Section 10.4.1 shall be accompanied by a letter of approval from the North Carolina
Department of Environmental Management. Where individual mobile homes will be serviced
I
by septic systems, the application shall be accompanied by documentation that the site has
undergone a preliminary evaluation by the County Health Department.
' 10.4.4. Design Specifications.
Mobile home parks shall be designed and constructed according to the following
' specifications:
(A) Parks shall be at least three acres in size;
(B) In parks where an approved package treatment system will be used,
mobile home spaces shall be a minimum of 5,500 square feet. In parks
where individual septic tanks will be used, mobile home spaces shall be
at least 15,000 square feet if the park is serviced by a public or private
water system, and shall be at least 20,000 square feet if individual wells
will be used.
(C) Each mobile home space shall be at least eighty feet (80') wide. There
shall be at least fifteen feet (15') distance between mobile homes. No
mobile home shall be located closer than fifteen feet (15') to any
building within the park, than fifteen feet (15') of any exterior
boundary of the park, and no closer than fifteen feet (15') to the edge of
any interior street.
(D) All mobile home spaces shall abut upon an interior drive. No mobile
home space shall have direct vehicular access to a State or Federal
primary street. Interior drives shall be paved and lighted at night;
minimum width of pavement shall be eighteen feet (18'). All mobile
home park driveways shall connect with a public street or with another
paved driveway of at least eighteen feet (18').

ARTICLE X. SUPPLEMENTARY USE REGULATIONS
Page 41
I(E) The supports of all mobile homes parked within an authorized park
shall rest on adequate concrete footings.
' (F) the mobile home park shall have a visual buffer such as shrubbery or
fencing not less than six (6) feet in height between the park and any
adjacent residential uses other than mobile homes.
10.4. S. Signs.
' Mobile home parks may have one sign identifying the park. The sign must be located
within the limits of the park and must be located more than five (5) feet from any property
line. The sign may be up to one-half square foot for each mobile home space but shall not
' exceed thirty (30) square feet regardless of the number of spaces in the park. Only indirect
nonflashing lighting may be used for illumination, and the sign must be constructed in such a
manner as to prevent a direct view of the light source from any public street right-of-way.
' 10.4.6. Nonconforming Mobile Home Parks.
0
E
Ll
Existing mobile home parks, which provide mobile home spaces having a width or
area less than that herein described may continue to operate with spaces of existing width or
area. In no event shall any nonconforming park be allowed to expand unless the entire park is
improved to meet the requirements of this ordinance.
ND70F ARTICLE X
I

' ARTICLE XI. DENSITY AND DIMENSIONAL REGULATIONS
Section 11.1. Table of Dimensional Regulations.
I'.
1
The Table of Dimensional Regulations should be read in close conjunction with the
definitions and interpretive provisions set forth in Sections 11.2 through 11.5.
MINIMUM SETBACK
STREET
MINIMUM
MINIMUM
MAXIMUM
MINIMUM LOT
MINIMUM
RIGHT-OF-WAY
STREET
LOT
REAR LOT
BUILDING
ZONE
SIZE
LOT WIDTH
LINE
CENTERLINE
SIDELINE
LINE
HEIGHT _
R
15,000
85
30
60
15
30
35
(when served
with Town water)
20,000
(when served by
individual wells)
B-1
10,000
50
None
None
None
?
35
B-2
15,000
100
40
70
20
25
50
MHP
5,500
80
15
25
8
20
35
Section 11.2. Residential Density.
Two-family residences shall be allowed only on lots having at least one hundred fifty
percent (150%) of the minimum lot size required under Section 11.1. Multifamily residences
shall be allowed only on lots having at least two hundred percent (200%) of the minimum lot
size required under Section 11.1.
Section 11.3. Lot Width.
Lot width shall be measured along a straight line connecting the points at which a line
that demarcates the required setback from the street intersects with lot boundary lines at
opposite sides of the lot.
No lot created after the effective date of this ordinance that is less than the
recommended width shall be entitled to a variance from any building setback requirement.
Section 11.4. Building Setback Requirements.
If the street right-of-way line is readily determinable, the setback shall be measured
from such right-of-way line. If the right-of-way line is not so determinable, the setback shall
be measured from the street centerline.
42

L
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ARTICLE XI. DENSITY AND DIMENSIONAL REGULATIONS
Page 43
As used in Section 11.1, "lot boundary line" refers to lot boundaries other than those
that abut streets.
As used in Section 11.1, the term "building" includes any substantial structure which
by nature of its size, scale, dimensions, bulk or use, tends to constitute a visual obstruction or
generate activity similar to that usually associated with a building. Without limiting the
generality of the foregoing, the following structures shall be deemed to fall within this
description: gas pumps and overhead canopies or roofs.
' Whenever a lot in a nonresidential district has a common boundary line with a lot in a
residential district, and the property line setback requirements applicable to the residential lot
is greater than that applicable to the adjoining residential lot, then the lot in the nonresidential
I
district shall be required to observe the property line setback requirement applicable to the
adjoining residential lot.
Setback distances shall be measured from the property line or street right-of-way line
to a point on the lot that is directly below the nearest extension of any part of the building
itself and not a mere appendage to it (such as a flagpole, etc.).
Accessory buildings in residential districts must comply with the street right-of-way
and side lot boundary setbacks set forth in Section 11.1, but shall be required to observe only
a four -foot (4') setback from rear lot boundary lines.
Section 11.5. Building Height Limitations.
For purposes of Section 11.1, the height of a building shall be the vertical distance
measured from the mean elevation of the finished grade at the front of the building to the
highest point of the building.
Subject to the following paragraph, the following features are exempt from the district
height limitations set forth in Section 11.1:
(1) Chimneys, church spires, elevator* shafts/towers, and similar structural
appendages not intended as places of occupancy or storage.
(2) Flagpoles and similar devices.
(3) Heating and air conditioning equipment, solar collectors and similar
equipment, fixtures, and devices.
The features listed in the above paragraph are exempt from the height limitations set
' forth in Section 11.1 if they conform to the following requirements:
r

ARTICLE XI. DENSITY AND DIMENSIONAL REGULATIONS
I
Page 44
' (1) Not more than one-third (1/3) of the total roof area may be consumed by such
features.
' (2) The features described above must be set back from the, edge of the roof a
minimum distance of one foot (1') for every foot by which such features
extend above the roof surface of the principal building to which they are
' attached.
r

ARTICLE XII. PARKING
Section 12.1. Adequate Parking Required.
All developments in all zoning districts other than the B-1 district shall provide a
sufficient number of parking spaces to accommodate the number of vehicles that ordinarily
are likely to be attracted to the development in question.
Section 12.2. Table of Parking Requirements.
Uses in the following table are keyed to the Table of Permissible Uses, Section 9.1.
The Town recognizes that the Table of Parking Requirements cannot and does not cover
every possible situation that may arise. Therefore, in cases not specifically covered, the
permit -issuing authority is authorized to determine the parking requirements using this table
as a guide.
USES
PARKING REQUIREMENTS
A.1
2 spaces per dwelling unit plus one (1) space per room rented out (see Accessory
Uses, Section 94.
A.2 &
A.3
2 spaces for each dwelling unit, except that one -bedroom units require only one (1)
space.
A.4
1 space
for every three 3 beds.
A.5
1 space
for each bedroom or room to be rented.
A.6
4 spaces for offices of physicians or dentists; 2 spaces for attorneys, 1 space for all
others.
B.l.a.
1 space
per 150 s . ft. gross floor area.
B.l .b.
1 space
per 400 s . ft. gross floor area.
B.l.c.
1 space
per 200 s . ft. gross floor area.
B.2.
1 space
per 200 s . ft. gross floor area.
C.1.
1 space
per 200 s . ft. gross floor area.
C.2.
1 space
per 200 s . ft. gross floor area.
D.
1 space
per 400 s . ft. gross floor area.
45

1
ARTICLE XII. PARKING
Page 46
USES
PARKING REQUIREMENTS
E.
Elementary Schools
1.5 spaces per classroom.
High Schools
5 spaces per classroom.
Other Educational
1 space per 150 s . ft. gross floor area.
Religious
1 space per 200 s . ft. gross floor area.
All Other
1 space per 300 s . ft. gross floor area.
F.
1 space for every three (3) seats or
1 space for every three (3) persons that facilities are designed to accommodate,
depending on nature of use.
G.
3 spaces for any five 5 beds.
H.1.
1 space per 100 s . ft. gross floor area.
H.2.
1 space per 100 s . ft. gross floor area plus 1 space for every four 4 outside seats.
J.
1 space per 200 s . ft. gross floor area.
K.
1 space per 200 s . ft. gross floor area.
L.
1 space per 200 sq. ft. gross floor area plus sufficient parking area to accommodate
vehicles at pumps if an without interfering with other parking spaces.
M.
1 space per 200 s . ft. gross floor area.
N.
1 space per 1,000 s . ft. of lot area used for storage, display, or sales.
O.
1 space per 200 s . ft. gross floor area.
Q.
1 space for every 2 employees on maximum shift.
R.
1 space per 200 s . ft. gross floor area.
I
Section 12.3. Flexibility in Administration Required.
The Town recognizes that, due to the particularities of any given development, the
' inflexible application of the parking standards set forth in Section 12.2 may result in a
development with inadequate parking space or parking space far in excess of its needs.
Therefore, the permit -issuing authority may permit deviations from the prescriptive
L

ARTICLE XII. PARKING
Page 47
' requirements of Section 12.2 and may require more parking or allow less parking whenever it
finds that such deviations are more likely to satisfy the standard set forth in Section 12.1.
I
Section 12.4. Loading and Unloading Areas.
Subject to Section 12.2, whenever the normal operation of any development requires
' that good, merchandise, or equipment be routinely delivered to or shipped from that
development, a sufficient off-street loading and unloading area must be provided in
accordance with this section to accommodate the delivery or shipment operations in a safe
1 and convenient manner.
The loading and unloading area must be of sufficient size to accommodate the
' numbers and types of vehicles that are likely to use this area, given the nature of the
development in question. The following table indicates the number of sizes of spaces that,
presumptively, satisfy the standard set forth in this section. However, the permit -issuing
' authority may require more or less loading and unloading area if reasonably necessary to
satisfy the foregoing standard.
GROSS LEASABLE
AREA OF BUILDING
NUMBER OF SPACES*
1,000 — 19,999
1
20,000 — 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 — 391,999
7
Plus one 1 space for each additional 72,000 s . ft. or fraction thereof.
*Minimum dimensions of 12 feet x 55 feet and overhead clearance or 14 feet from
street grade required.
Loading and unloading areas shall be so located and designed that the vehicles
intended to use them can:
(i) maneuver safely and conveniently to and from a public right-of-way, and

ARTICLE XII. PARKING
Page 48
' (ii) complete the loading and unloading operations without obstructing or
interfering with any public right-of-way or any parking space or parking lot
aisle.
' No area allocated to loading and unloading facilities may be used to satisfy the area
requirements for off-street parking, no shall any portion of any off-street parking area be used
' to satisfy the area requirements for loading and unloading facilities.
END OF ARTICLE XII
1
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J
' ARTICLE XIII. AMENDMENTS
' Section 13.1. Amendments in General.
'
Amendments to the text of this ordinance or to the zoning map may be made in
accordance with the provisions of this article.
'
Section 13.2. Initiation of Amendments.
Whenever a request to amend this ordinance is initiated by the Town Board or the
'
Board of Adjustment, an appropriate ordinance shall be drafted and presented to the Board so
that a date for a public hearing may be set.
'
Any other person may also petition the Board to amend this ordinance. The petition
shall be filed with the zoning administrator and shall include, among the information deemed
'
relevant by the administrator:
(A) The name, address, and phone number of the applicant,
(B) A description of the land affected by the amendment if a change in zoning
district classification is proposed,
'
(C) Stamped envelopes containing the names and addresses of all those to whom
notice of the public hearing must be sent as provided in section 13.3.
'
(D) A description of the proposed map change or a summary of the specific
objective of any proposed change in the text of this ordinance.
'
Upon receipt of a petition, the administrator shall forward the petition to the Board
with or without written comment for a determination of whether an ordinance should be
'
drafted and a public hearing set.
Section 13.3. Hearing Required; Notice.
1
No ordinance that amends any of the provisions of this ordinance may be adopted until
a public hearing has been held on such ordinance.
'
The administrator shall publish a notice of the public hearing on any ordinance that
amends the provisions of this ordinance once a week for two successive weeks in a newspaper
'
having general circulation in the area. The notice shall be published for the first time not less
than ten (10) days nor more than twenty-five (25) days before the date fixed for the hearing.
1
49

ARTICLE XIII. AMENDMENTS
' Page 50
' With respect to map amendments, the administrator shall mail written notice of the
public hearing to the record owners for tax purposes of all properties whose zoning
' classification is changed by the proposed amendment as well as the owners of all properties
any portion of which is within one hundred fifty feet (150') of the property rezoned by the
amendment.
' The notice required or authorized by this section shall:
'
(A) State the date, time, and place of the public hearing,
(B) Summarize the nature and character of the proposed change,
(C) If the proposed amendment involves a change in zoning district classification,
reasonably identify the property whose classification would be affected by the
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amendment,
(D) State that the full text of the amendment can be obtained from the Town Clerk
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and
(E) State that substantial changes in the proposed amendment may be made
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following the public hearing.
Section 13.4. Board Action on Amendments.
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At the conclusion of the public hearing on a proposed amendment, the Board may
proceed to vote on the proposed ordinance, refer it to a committee for further study, or take
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any other action consistent with its usual rules of procedure.
The Board is not required to take final action on a proposed amendment within any
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specific period of time, but it should proceed as expeditiously as practicable on petitions for
amendments since inordinate delays can result in the petitioner incurring unnecessary costs.
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Voting on amendments to this ordinance shall proceed in the same manner as other
ordinances, subject to Section 13.5.
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Section 13.5. Protests to Zoning District Changes.
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If a petition opposing a change in the zoning classification of any property is filed in
accordance with the provisions of this section, then the proposed amendment may be adopted
only by a favorable vote of three -fourths (3/4) of the Board membership.
tTo
trigger the three -fourths (3/4) vote requirement, the petition must:
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ARTICLE XIII. AMENDMENTS
Page 51
(A) Be signed by the owners of twenty percent (20%) or more either of
(i) The lots included in a proposed change, or
(ii) The lots within one hundred feet (100') of either side or the rear of the
tract to be rezoned, or
(iii) The lots directly opposite the tract to be rezoned and extending one
hundred feet (100') from the street frontage of such opposite lots.
(B) Be in the form of a written petition actually bearing the signature of the
requisite number of property owners and stating that the signers do protest the
proposed change or amendment.
(C) Be received by the Town Clerk in sufficient time to allow the Town at least
two (2) normal working days before the date established for a public hearing
on the proposed amendment to determine the sufficiency and accuracy of the
petition.
(D) Be on a form provided by the Town Clerk and contain all the information
requested on this form.
ND OF ARTICLE XIII'
51

RI=RTIR r-Cll IKITV
Town of Powellsville
Official Zoning Map
]Property Lines
0 Town Boundary
0 Extraterritorial Jurisdiction
Zoning Districts
0.1 0 0.1 0.2 Miles
W
N
0
E�
The preparation of this map was financed in part through a grant provided by
the North Carolina C- ement Program, through funds provided by
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the Coastal Zone Management Act of 1972, as amended, which is
administered by the Office of Ocean and Coastal Resource Management,
National Oceanic and Atmospheric Administration.
This map represents a compilation of information from multiple sources, and
at different scales, which may result in inconsistencies among the
features represented on this map. The Mid -East Commission assumes no
responsibility for the accuracy of the source information.
MID -EAST
Prepared by:
Mid -East Commission
PO Box 1787
Washington, NC 27889
Bob Paciocco, Executive Director
Joe Dooley, Planning Director
Berry Gray, GIS Technician
October 4, 1999
Revised April 20, 2000
Adopted May 16, 2000
REVISIONS
Amendment Type of Change Ordinance Number Initial/Date
Date (if available)
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