Loading...
HomeMy WebLinkAboutZoning Ordinance-1989Y TOWN OF POWE'LLSVI LLE ZONING ORDINANCE �- D 2 Di s 11 is t ------------ - - - - - - IJ-1 Disl.rict J. r ' PROPERTY OF DIVISION OF COASTAL MANAGEMENT PLEASE DO NOT REMOVE ZONING ORDINANCE TOWN OF POWELLSVILLE, NORTH CAROLINA ` April 4, 1989 TOWN BOARD Carl R. Castello Ernest R. Carter, Jr. Thomas E. Asbell Wade C. Watkins, Jr., Mayor J.C. Hoggard, Town Clerk With Special Thanks to the Powellsville Land Use Planning Advisory Committee Technical Assistance Provided By Mid -East Commission P.O. Box 1787 Washington,.North Carolina 27889 Project Staff Libby Anderson, Planner -in -Charge Louis J. Valenti, Cartographer This project was funded in part by: 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. L ZONING ORDINANCE Town of Powellsville . April 4, 1989 ARTICLE I. GENERAL PROVISIONS Section 11. Short Title ......................... Section 12. Authority ........................... Section 13. Jurisdiction ........................ Section 14. Effective Date......... ............. Section 15. Relationship to Land Use Plan....... Section 16. Conformity with Chapter Provisions.. Section 17. Fees ................................ Section 18. Separability ........................ ARTICLE II. DEFINITIONS .............................. ARTICLE III.. ADMINISTRATIVE MECHANISMS Section 31. Zoning Administrator ................ Section 32. Board of Adjustment ................. ARTICLE IV. PERMITS Section 41. Permits Required .................... Section 42. No Occupancy or Use Until Requirements Fulfilled .............. Section 43. Zoning Permits ...................... Section 44. Special -Use Permits ... ......... ... Section 45. Board Action on Special -Use Permits. Section 46. Additional Requirements on Special -Use Permits ................. Section 47. Expiration of Permits ............... Section 48. Effect of Permit on Successors...... Section 49. Reconsideration of Board Action..... Section 410. Applications to be Processed Expeditiously ....................... ARTICLE V. APPEALS AND VARIANCES Section 51. Appeals ............................. Section 52. Variances ........................... Section 53. Requests to be Heard Expeditiously.. Section 54. Public Hearing Required ............. Section 55. Board Action on Appeals and Variances ....................... i Page 1 1 1 1 1 1 2 2 3 7 7 9 9 10 10 11 12 12 13 13 14 15 15 16 16 17 Page ARTICLE VI. ENFORCEMENT ` Section 61. Complaints Regarding Violations..... 18 Section 62. Procedures Upon Discovery of Violations........ ............... 18 Section 63. Penalties for Violations............ 18 Section 64. Judicial Review ..................... 19 ARTICLE VII. NONCONFORMING SITUATIONS Section 71. Continuation of Nonconforming Situations............ 20 Section 72. Extension or Enlargement of Nonconforming Situations......... 20 Section 73. Repair, Maintenance and Reconstruction .................. 20 Section 74. Change in Use ....................... 21 Section 75. Cessation of Use .................... 21 4 ARTICLE VIII. ZONING DISTRICTS AND ZONING MAP w Section 81. Zoning Districts .................... 22 Section 82. Zoning Map .......................... 22 ARTICLE IX. PERMISSIBLE USES Section 91. Table of Permissible Uses........... 23 Section 92. Abbreviations ....................... . 26 Section 93. PermissibleUses and Specific Exclusions ................. 27 Section 94. Accessory Uses ...................... 27 Section 95. Change in Use ....................... 28 ARTICLE X. SUPPLEMENTARY USE REGULATIONS Section 101. One Principal Building on Any Lot... 29 Section 102. Travel Trailers ..................... 29 Section 103. Special Requirements for Mobile Homes in the " Residential District ................... 29 Section 104. Mobile Home Parks ................... 29 Page ARTICLE XI. DENSITY AND DIMENSIONAL REGULATIONS Section 111. Table of Dimensional Regulations.... 33 Section 112. Residential Density ................. 33 Section 113. Lot Width........... ............. 34 Section 114. Building Setback Requirements....... 34 Section 115. Building Height Limitations......... 34 ARTICLE XII. PARKING Section 121. Adequate Parking Required........... 36 Section 122. Table of Parking Requirements....... 36 Section 123. Flexibility in Administration Required ............. 38 Section 124. Loading and Unloading Areas......... 38 ARTICLE XIII. AMENDMENTS Section 131. Amendments in General ................ 41 Section 132. Initiation of Amendments ............. 41 Section 133. Hearing Required; Notice ............. 41 Section 134. Council Action on Amendments......... 42 Section 135. Protests to Zoning District Changes.. 43 iii 0- ARTICLE I. GENERAL PROVISIONS Section 11. Short Title. This chapter shall be known and may be cited as the Powellsville Zoning Ordinance. Section 12. Authority. This chapter is adopted pursuant to the authority contained in the North Carolina General Statutes, particularly G.S. 160A-381. Section 13. Jurisdiction. This chapter shall be effective throughout the Town's planning jurisdiction. The Town's planning jurisdiction comprises the area within the corporate boundaries of the Town as well as any officially adopted extraterritorial planning area as may be established. Section 14. Effective Date. The provisions of this chapter were originally adopted and became effective on April 4, 1989. Section 15. Relationship to Land Use Plan. It is the intent of this chapter to implement the planning policies adopted by Town Council for the Town, as reflected in its Coastal Area Management Act Land Use Plan. Section 16. Conformity with Chapter Provisions. Subject to Article VII of this chapter (Nonconforming Situations), 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 control except in accordance with all of the applicable provisions of this chapter. 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. 1 ARTICLE I. GENERAL PROVISIONS Section 17. Fees. 2 Reasonable fees sufficient to cover the costs of administra- tion, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, special -use permits, zoning amendments, variances and other administrative relief. The amount of the fees charged shall be as set forth in the Town's budget or as established by resolution of the Town Council 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. The fee shall be $30.00. Section 18. Separability. Should any section or provision of this ordinance be decided by a court of competent jurisdiction to be unconstitu- tional 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. ARTICLE II. DEFINITIONS 3 Unless otherwise specifically provided, 'or unless clearly required by the context, the words and phrases defined in this chapter shall have the meaning indicated when used in this chapter. 1. Accessory Use. (See Section 94.) 2. Administrator. (See Section 31.) 3. Boarding House. A residential use consisting of at least one 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 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. 4. Building. A structure designed to be used, as a place of occupancy, storage or shelter. 5. Convenience Store. A one-story, retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). it is designed to attract and depends upon a large volume of stop -and -go traffic. 6. Day Care Center. Any child care arrangement that provides day care on a regular basis for more than four -hours per day for more than five children of preschool age. 7. Extraterritorial Planning Area. That portion of the Town's planning jurisdiction that lies outside the corporate limits of the Town. 8. Dwelling Unit. An enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as a permanent residence by one family. 9. Home Occupation. A commercial activity that: (1) is conducted by a person on the same lot (in a residential district) where such person resides, and (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 (see Section 94), but that can be conducted without any significantly adverse impact on the surrounding neighborhood. Without limiting the generality of the foregoing, a use may not be regarded as having an insignificai4tly 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 on the premises is employed in connection with ARTICLE II. DEFINITIONS 4 the purported home occupation, (iv) it creates objectionable noise fumes, odor, dust or electrical interference, or (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. The following is a nonexhaustive list of examples of enterprises that may be home occupations if they meet the foregoing definitional criteria: (i) the office or studio of a physician, dentist, artist, musician, lawyer, architect, engineer, teacher, or similar professional, (ii) workshops, greenhouses, or kilns, (iii) dressmaking or hairdressing studios. 10. Lot. A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title. 11. Lot Area. The total area circumscribed by the boundaries of a lot, except that: (i) 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 travelled portion of the street, and (ii) in a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the.inside boundary of the travelled portion of that road. 12. Mobile Home. A dwelling unit that: (i) is,not constructed in accordance with the standards set forth in the North Carolina State Building Code, and (ii) 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 (iii) exceeds 40 feet in length and eight feet in width. 13. Mobile Home Park. A residential use in which more than one mobile home is located on a single lot. 14. 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 sections transported to the site in a manner similar to a mobile home ARTICLE II. DEFINITIONS 5 (except that the modular home meets the North Carolina State Building code applicable to site -built homes), or a series of panels or room sections transported on a truck and erected or joined together on the site. 15. Nonconforming Situation. A situation that occurs when, on the effective date of this chapter, any existing lot or structure or use of an existing lot or structure does not conform to 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 chapter. 16. Planning Jurisdiction. The area within the Town limits as well as the area beyond the Town limits within which the Town is authorized to plan for and regulate development, as set forth in Section 13. 17. Residence, Multifamily. A residential use consisting of a building containing three or more 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. 18. Residence, Two -Family. A residential use consisting of a building containing two 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. 19. Rooming House. (See Boarding House). 20. Sign, Off -Premises. A sign that draws attention to or communicates information about a business, service, com- modity, accommodation, attraction, or other activity that is conducted, sold, or offered at a location other than the Premises on which the sign is located. 21. 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 chapter as well as any additional requirements imposed by the board of adjustments. 22. Town. The of Powellsville, North Carolina. 23. 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. ARTICLE II. DEFINITIONS G 24. Use. The activity or function that actually takes place or is intended to take place on a lot. 25. Use, Principal. A use listed in the Table of Permissible Uses. 26. Variance. A grant of permission by the board of adjustment that authorizes the recipient to do that which, according to the strict letter of this chapter, he could not otherwise legally do. 27. Wholesale Sales. On -premises sales of goods primarily to customers engaged in the business of reselling the goods. 28. Zoning Permit. A permit issued by the zoning administrator that authorizes the recipient to make use of property in accordance with the requirements of this chapter. F ARTICLE III. ADMINISTRATIVE MECHANISMS Section 31. Zoning Administrator. 7 Except as otherwise specifically provided, primary respon- sibility for administering and enforcing this chapter shall be assigned by the Town Council to one or more individuals. The person or persons to whom these functions are assigned shall be referred to in this chapter as the "zoning administrator." The zoning administrator shall have all necessary authority to administer and enforce the provisions of this chapter, including the power to order in writing the correction of any condition found in violation of this chapter, and the power to bring legal action to insure compliance with this chapter, including injunction, abatement, or other appropriate action or proceeding. Section 32. Board of Adjustment. 32.1. Board Established. There shall be a board of adjustment established in the Town. The Town Council shall act in the capacity of the board of adjustment and shall assume the duties described herein. 32.2. Officers. The board shall elect one of its members to serve as chairman and one 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 chapter. 32.3. Meetings; Quorum Required. The board of adjustment shall meet at the call of the chairman and at such other times as 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 equal to four -fifths :of the regular board. A quorum is necessary for the board to take official action. 32.4. Voting. The concurring vote of four -fifths of the regular board 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. ARTICLE III. ADMINISTRATIVE MECHANISMS 8 32.5 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 51. (b) Applications for special -use permits or provided in Section 41. (c) Applications for variances as provided in Section 52. (d) Questions involving interpretations of the zoning map. ARTICLE IV. PERMITS Section 41. Permits Required. 01 The use made of property may not be substantially changed (see Section 95), substantial clearing, grading, or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substan- tially altered except in accordance with and pursuant to one 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 chapter only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this chapter if completed as proposed. A zoning permit or special -use permit, shall be issued in the name of the applicant, shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit -issuing authority. Section 42. 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, or substan- tially alter buildings or other substantial structures. However, the intended use may nod be commenced and no building may be occupied until all of the requirements of this chapter and all additional requirements imposed pursuant to the issuance of a special use permit have been complied with. ARTICLE IV. PERMITS 10 Section 43. 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 finds, after reviewing the application and consulting with the applicant if necessary, that: (A) The requested permit is' not within his juris- diction according to the Table of Permissible Uses, or (B) The application is incomplete, or (C) If completed as proposed, the development will not comply with one or more requirements of this chapter (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 Nonconforming Situations. Section 44. 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 juris- diction 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 chapter (not including those the applicant is not required to comply with under the circumstances specified in Article VII, Nonconforming Situations), or (D) Even if the board finds that the application complies with all other provisions of this chapter, it may still deny the permit 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 ARTICLE IV. PERMITS 11 (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 Council. Section 45. 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 two 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 at least two 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 chapter. If a motion to this effect passes by the necessary four -fifths 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 chapter. Such a motion shall specify the particular requirements the application fails to meet. As provided in Section 44, item C, if the board concludes that the application fails to meet one or more of the requirements of this chapter, 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 44, item D. Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion. Since such a motion is not in favor of the applicant, it is carried by a simple majority vote. ARTICLE IV. PERMITS Section 46. Additional Requirements on Special -Use Permits. 12 The board of adjustment may attach to the permit such reasonable requirements in addition to those specified in this chapter as will ensure that the development in its proposed location: (A) Will not endanger the public health or safety, (B) Will not injure the value of adjoining or abutting property, (D) Will be in harmony with the area in whicl. it is located, and (E) Will be in conformity with the Coastal Area Management Act Land Use Plan, a thoroughfare plan, or other plan officially adopted by the Council. 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 present extraordi- nary circumstances that justify the variation from the specified requirements. Section 47. Expiration of Permits. Zoning and special -use permits shall expire automatically if, within one year 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 10 percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one 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 ARTICLE IV. PERMITS 13 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. Section 48. 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 49. 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 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 64). 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. ARTICLE IV. PERMITS 14 Section 410. Applications to be Processed Expeditiously. • Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the Town shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this chapter. ARTICLE V. APPEALS AND VARIANCES 15 Section 51. 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, require- ment, 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 52. Variances. An application for a variance shall be submitted to the board of adjustment by filing a copy of the application with the Town Clerk. 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, (C) The hardship relates to the applicant's land, rather than personal circumstances, ARTICLE V. APPEALS AND VARIANCES 16 (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 nonconforming situation in violation of Article IV= 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 entered on the face of the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this chapter. Section 53. Requests to be Heard Expeditiously. As approved in Section 410, the board of adjustment shall hear and decide all appeals and variance requests, as expedi- tiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with Section 45, and obtain the necessary information to make sound decisions. Section 54. 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 successive weeks in a newspaper of general circulation in the Town. Such notice shall be published the first time not less than 15 days nor more than 25 days before the date fixed for the hearing.' At least 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. 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. ARTICLE V. APPEALS AND VARIANCES 17 Section 55. Board Action on Appeals and Variances. 55.1. 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 vote necessary for adoption (see Section 32.4), 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. 55.2. Granting a Variance. Before granting a variance, the board must vote affirmatively (by a four -fifths majority - see Section 324) on the six required findings stated in Section 52. Insofar as practicable, a motion to make an affirmative finding on the requirements set forth in Section 52 shall include a statement of the specific reasons or findings of fact support- ing such motion. 55.3. 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 52 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. 0 ARTICLE VI. ENFORCEMENT Section 61. Complaints Regarding Violations. 18 Whenever the administrator receives a written, signed complaint alleging a violation of this chapter, he shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken. Section 62. Procedures Upon Discovery of Violations. If the administrator finds that any provision of this chapter is being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the administrator's discretion. 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 51. - Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chaijter 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 63. Section 63. Penalties for Violations. Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or special -use permits, shall constitute a mis- demeanor, punishable by a fine of up to $50, or a maximum 30 days imprisonment, or both. Any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or special -use permits, shall. also subject the offender to a civil penalty of $25. If the offender fails to pay this penalty within 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 62 and did not take an appeal to the board of adjustment within the prescribed time. ARTICLE VI. ENFORCEMENT 19 This chapter 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 chapter. Section 64. 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 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. ARTICLE VII. NONCONFORMING SITUATIONS 20 Section 71. Continuation of Nonconforming Situations. Unless otherwise specifically provided in this chapter and subject to the restrictions and qualifications set forth in Sections 72 through 75, nonconforming situations that were otherwise lawful on the effective date of this chapter may be continued. Section 72. Extension or Enlargement of Nonconforming Situations. No persons may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in: (A) An increase in the total amount of space devoted to a nonconforming use or (B) Greater nonconformity with respect to dimensional restrictions such as setback requirements or density requirements. 73. Repair, Maintenance and Reconstruction. 73.1 Renovations. Major renovation, i.e., work estimated to cost more than 25 percent of the appraised valuation of the structure to be renovated, of property where nonconforming situations exist, may be done only in accordance with a zoning permit issued pursuant to this section. 73.2 Reconstruction. If a structure located on a lot where a nonconforming situation exists is damaged to an extent that the costs of repair or replacement would exceed 25 percent of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only in accordance with a zoning permit issued pursuant to this section. 73.3 Permit for Renovation or Replacement. The administra- tor shall issue a permit authorized by this section if he finds that, in completing the renovation, repair or replacement work, - (A) No violation of Section 72 will occur, and (B) The permittee will comply to the extent reasonably possible with all provisions of this chapter applicable to the existing use (except that the permittee shall not lose his right to continue a nonconforming use). ARTICLE VII. NONCONFORMING SITUATIONS 21 74. Change in Use. A change in use of property (where a nonconforming situation exists) that is sufficiently substantial to require a new zoning or special -use permit in accordance with Section 41 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 chapter 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 chapter 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 chapter applicable to that use cannot reasonably be complied with, then` the change is permis- sible if the entity authorized by this chapter to issue a permit for that particular use (the administrator or board of adjust- ment) issues a permit authorizing the change. This permit may be issued if the permit -issuing authority finds, in addition to any other findings that may be required by this chapter, that: (A) The intended change will not result in a violation of Section 72, and (B) All of the applicable requirements of this chapter 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 chapter 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 chapter, 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. 75. Cessation of Use. When a nonconforming use is discontinued for a consecutive period of 180 days, or discontinued for any period of time without a present intention to reinstate the nonconforming use, the property involved may thereafter be used only for conforming purposes. ARTICLE VIII. ZONING DISTRICTS AND ZONING MAP 22 81._ Zoninq Districts. For purposes of this chapter, the following or districts are hereby established: (A) Residential District (R). This district is designed and intended to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in nonresidential districts. (B) Mobile Home Park District (MHP). This district is designed to accomplish the purposes of the Residential District, and at the same time, to permit mobile homes 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 adjust- ment. 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. (C) 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. (D) Highway Business District- (B-2). This district is designed to accommodate a wide variety of high -impact commercial uses. 82. Zonina Ma There shall be a map known and designated as the Official Zoning Map which shall show the boundaries of all zoning districts with the Town's planning jurisdiction. The Official Zoning Map dated April 4, 1989, is adopted and incorporated herein by reference. Amendments to the Official Zoning Map are accomplished, using the procedures set forth in Article XIII. The administrator shall update the Official Zoning Map as soon as possible after amendments to it are adopted by the Town Council. Upon entering any such amendments on the map, the administrator shall change the date of the map to indicate its latest revision. ARTICLE IX. PERMISSIBLE USES 23 91. 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. ZONE USES DESCRIPTION* R MHP B-1 8-2 A. Residential 1. Single -Family Residences a. site -built and modular structures Z b. mobile homes S1 ZS 2. Two -Family Residences Z S S 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 houses2 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 occupations Z S S *See Section 92 for explanations of Z, S, and ZS designations. 1Mobile Homes in the Residential District must also meet the requirements of Section 103. 2Homes 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. ARTICLE IX. PERMISSIBLE USES USES DESCRIPTION* ZONE R MHP B-1 8-2 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 b. wholesale sales S Z c. all other Z 2. Storage and display of goods outside fully enclosed building 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 Z Z Z 24 ARTICLE IX. PERMISSIBLE USES ZONE USES DESCRIPTION* R MHP B-1 B-2 G. Institutional Residence or Care Facilities) H. Restaurants 1. No substantial carry -out or delivery service, no drive- in service, no service or consumption outside fully enclosed structure 2. All other I. Dry Cleaners, Laundromats J. Funeral Homes K. Nursery Schools, Day Care Centers L. Motor Vehicle -Related Sates and Service Operations M. Emergency Services (police, fire, rescue squad and ambulance stations/services) N. Open Air Markets and Horticultural Sales 1. Operation conducted from permanent building 2. Operation conducted from temporary building or structure, or from motor vehicle S Z Z S Z S Z S S S Z Z S S Z Z Z S 25 . ARTICLE IX. PERMISSIBLE USES ZONE USES DESCRIPTION* R MHP 8-1 B-2 0. 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 92. Abbreviations. 26 When used in conjunction with a particular use in Section 91, the letter "Z" means that the use is permissible in the indicated zone with a zoning permit issued by the administrator. The letter "S" means a special -use permit must be obtained from the board of adjustment. The designation "ZS" (item A.1.b, 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 park district. ARTICLE IX. PERMISSIBLE USES 27 93. Permissible Uses and Specific Exclusions. The list of permissible uses set forth.in Section 91 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 91 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 91.N. (E) Scrap materials salvage yards, junkyards, and automobile graveyards. 94. Accessory Uses. The Table of Permissible Uses (Section 91) classifies different principal uses according to their different impacts. Whenever an activity (which may or may not be separ- ately 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 developed apart from a residential use, would require a special -use permit (use classification F). 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: (A) Storage outside of a substantially enclosed structure of any motor vehicle that is neither licensed nor operational. ARTICLE IX. PERMISSIBLE USES 95. Change in Use. 28 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: (A) The change involves a change from one principal use category to another. (B) 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.1.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. A mere change in the status of property from unoccupied to occupied or vice versa doesnot 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 180 consecutive days or has been abandoned. 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. ARTICLE X. SUPPLEMENTARY USE REGULATIONS 29 Section 101. One Principal Building on Any Lot. Only one principal building may be erected on any lot. Section 102. 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 consecutive days and that the travel trailer is removed from the lot after the occupancy period. Section 103. 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 require- ments set out in 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, 3 inches deep and 16 inches wide; mortar must be placed between blocks. (F) The long length of the home must be parallel with the street if possible. (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. Section 104. Mobile Home Parks. Mobile home parks shall be permitted only within a Mobile Home Park District as established in Section 81. ARTICLE X. SUPPLEMENTARY USE REGULATIONS 30' 104.1 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. 104.2. 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 104.1 shall be accompanied by a letter of approval from the North Carolina Division of Health Services. 104.3. Sewage Disposal. Where a private package treatment plant is proposed, the application required in Section 104.1 shall be accompanied by a letter of approval from the North Carolina Department of Environmental Management. Where individual mobile homes will be serviced by septic systems, the application shall be accompanied by documentation that the site has undergone a preliminary evaluation by the County Health Department. ARTICLE X. SUPPLEMENTARY USE REGULATIONS 0-1 104.4. 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 50 feet wide. There shall be at least 15 feet distance between mobile homes. No mobile home shall be located closer than 15 feet to any building within the park, than 15 feet of any exterior boundary of the park, and no closer than 15 feet 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 18 feet. All mobile home park driveways shall connect with a public street or with another paved driveway of at least 18 feet. (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 feet in height between the park and any adjacent residential uses other than mobile homes. 104.5. 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 feet from any property line. The sign may be up to one-half square foot for each mobile home space but shall not exceed 50 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. r APPENDIX X. SUPPLEMENTARY USE REGULATIONS 32 104.6. Nonconforming Mobile Home Parks. 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. ARTICLE XI. DENSITY AND DIMENSIONAL REGULATIONS 33 111. Table of Dimensional Regulations. The Table of Dimensional Regulations should be read in close conjunction with the definitions and interpretive provisions set forth in Sections 112 through 115. MINIMUM SETBACK (FT.) MINIMUM MINIMUM STREET LOT MAXIMUM LOT SIZE LOT WIDTH RIGHT-OF-WAY STREET BOUNDARY BUILDING ZONE (SO.FT.) LINE CENTERLINE LINE HEIGHT R 15,000 85 30 60 15 35 (when served with Town water) 20,000 (when served by individual wells) B-1 none 50 none none none 35 B-2 none 100 40 70 20 50 112. Residential Densit Two-family residences shall be allowed only on lots having at least 150 percent of the minimum lot size required under Section 111. Multifamily residences shall be allowed only on lots having at least 200 percent of the minimum lot size required under Section 111. APPENDIX XI. DENSITY AND DIMENSIONAL REGULATIONS 34 113. 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 chapter that is less than the recommended width shall be entitled to a variance from any building setback requirement. 114. 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. As used in Section 111, "lot boundary line" refers to lot boundaries other than those that abut streets. As used in Section 111, 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 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 111 but shall be required to observe only a four -foot setback from rear lot boundary lines. Section 115. Building Height Limitations. For purposes of Section 111, 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. APPENDIX XI. DENSITY AND DIMENSIONAL REGULATIONS 35 Subject to the following paragraph, the following features are exempt from the district height limitations set forth in Section 111: (1) Chimneys, church spires, elevator shafts, structural appendages not intended as places of storage. (2) Flagpoles and similar devices, (3) Heating and air conditioning equipment, tors and similar equipment, fixtures, and devices. The features listed in the above paragraph the height limitations set forth in Section 111 to the following requirements: and similar occupancy or solar collec- are exempt from if they conform (1) Not more than on -third 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 for every foot by which such features extend above the roof surface of the principal building to which they are attached. APPENDIX XII. PARKING Section 121. 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 122. Table of Parking Requirements. Uses in the following table are keyed to the Table of Permissible Uses, Section 91. The Town recognizes that the Table of Parking Requirements cannot and does not cover every passible 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 space per room rented out (see Accessory Uses, Section 94). A.2 2 spaces for each dwelling unit, except that and one -bedroom units require only one space. A.3 A.4 1 space for every 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.1.a. 1 space per 150 sq. ft. gross floor area. B.1.b. 1 space per 400 sq. ft. gross floor area. B.1.c. 1 space per 200 sq. ft. gross floor area. APPENDIX XII. PARKING USES PARKING REQUIREMENTS B.2. 1 space per 200 sq. ft. gross floor area. C.1. 1 space per 200 sq. ft. gross floor area. C.2. 1 space per 200 sq. ft. gross floor area. D. 1 space per 400 sq. ft. gross floor area. E. Elementary Schools 1.5 spaces per classroom. High Schools 5 spaces per classroom. Other educational 1 space per 150 sq. ft. gross floor area. Religious 1 space for every 4 seats in the portion of the church building used for services. All other 1 space per 300 sq. ft. gross floor area. F. 1 space for every three seats or 1 space for every three persons that facilities are designed to accommodate, depending on nature of use. G. 3 spaces for any 5 beds. H.1. 1 space per 100 sq. ft. gross floor area. H.2. 1 space per 100 sq. ft. gross floor area plus 1 space for every 4 outside seats. J. 1 space per 200 sq. ft. gross floor area. K. 1 space per 200 sq. ft. gross floor area. L. 1 space per 200 sq. ft. gross floor area plus sufficient parking area to accommodate vehicles at pumps (if any) without interfering with other parking spaces. 37 APPENDIX XII. PARKING USES PARKING REQUIREMENTS M. 1 space per 200 sq. ft. gross floor area. N. 1 space per 1,000 sq. ft. of tot area used for storage, display, or sales. 0. 1 space per 200 sq. ft. gross floor area. Q. 1 space for every 2 employees on maximum shift. R. 1 space per 200 sq. ft. gross floor area. Section 123. Flexibility in Administration Required. 38 The Town recognizes that, due to the particularities of any given development, the inflexible application of the parking standards set forth in Section 122 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 requirements of Section 122 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 121. Section 124. Loading and Unloading Areas. Subject to Section 122, 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 be or shipment operations in a safe and convenient manner. APPENDIX XII. PARKING 39 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 sq. ft. or fraction thereof. *Minimum dimensions of 12 feet x 55 feet and overhead clearance of 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 (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. APPENDIX XII. PARKING 40 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. . ARTICLE XIII. AMENDMENTS 41 Section 131. Amendments in General. Amendments to the text of this chapter or to the zoning map may be made in accordance with the provisions of this article. Section 132. Initiation of Amendments. Whenever a request to amend this chapter is initiated by the Town Council or the board of adjustment, an appropriate ordinance shall be drafted and presented to the Council so that a date for a public hearing may be set. Any other person may also petition the Council to amend this chapter. 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 133. (D) A description of the proposed map change or a summary of the specific objective of any proposed change in the text of this chapter. (E) A fee of $30 to cover administrative expense and the cost of advertising. Upon receipt of a petition, the administrator shall forward the petition to the Council with or without written comment for a determination of whether an ordinance should be drafted and a public hearing set. Section 133. Hearing Required; Notice. No ordinance that amends any of the provisions of this chapter 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 chapter 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 10 days nor more than 25 days before the date fixed for the hearing. 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 150 feet 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, APPENDIX XIII. AMENDMENTS 42 (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 amendment, (D) State that the full text of the amendment can be obtained from the Town Clerk and (E) State that substantial changes in the proposed amendment may be made following the public hearing. Section 134. Council Action on Amendments. - At the conclusion of the public hearing on a proposed amendment, the Council may proceed to vote on the proposed ordinance, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure. The Council is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs. Voting on amendments to this chapter shall proceed in the same manner as other ordinances, subject to Section 135. Section 135. Protests to Zoning District Changes. 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 of the Council membership. To trigger the three -fourth vote requirement, the petition must: (A) Be signed by the owners of 20 percent or more either of (i) the lots included in a proposed change, or (ii) the lots within 100 feet of either side or the rear of the tract to be rezoned, or (iii) the lots directly opposite the tract to be rezoned and extending 100 feet from the street frontage of such opposite lots. (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 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.