Zoning Ordinance-1999

I
L
1
1
TOWN OF RICHLANDS
ZONING ORDINANCE
DCM COPY
DO NOT REMOVE
The Rhett Company
P.O. Box 7512
Wilmington, NC
[phone]

1
Acknowledgment
The preparation of this document 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 Ocean and Coastal Resource Management, National Oceanic and Atmospheric
Administration. r
1
�'I
1
1
1
11
Public Hearing held on May 11, 1999 '
Adopted October 12, 1999
1

Town of Richlands
106 North Wilmington Street
PO Box 245
Richlands NC 28574
[phone] / 324-2324 fax
Board of Aldermen
Marvin Trott, Mayor
Tom L. Brown
Eddie Ray Horne
Stephen Marshburn
James Morgan
Randy Beckelhimer
Planning Board
Gene Sanders, Chairman
Al Bruinton
Ricky Sanders
Jane Anderson
Fred Mitchell
Belinda Picklesimer
Town Administrator
Gregg R. Whitehead
Town Attorney
Lynn Coleman
Town Clerk
Eva C. Brown
Technical Assistance Provided By
The Rhett Company
P.O. Box 7512
Wilmington, North Carolina 28406
[phone]

TABLE OF CONTENTS
Page No.
ARTICLE I. PURPOSE, AUTHORITY, AND DEFINITIONS . 1
A. Purpose 1
' B. Authority 1
C. Definitions 1
'
ARTICLE II. ESTABLISHMENT OF DISTRICTS 15
' A. Number and Titles 15
B. Zoning District Map 15
C. Interpretation of District Boundaries 16
D. Interpretation of District Regulations 17
ARTICLE III. ZONING DISTRICT REGULATIONS 18
A. Medium Density Residential District, R-6 18
' B. Medium Density/Manufactured Home Residential District, R-6MH 19
C. Light Medium Density Residential District, R-8 20
D. Moderate Density Residential District, R-10 22
E. Moderate/Light Density Residential District, R-15 23
F. Light Density Residential Agricultural District, RA-20 24
G. Mobile Home Residential Agricultural District, RA-20MH 26
' H. Central Business District, CB 27
I. Highway Business District, HB 29
J. Industrial District, I 31
K. Open Area/Recreation District, OAR 34
L. Planned Unit Development Overlay District, PUD 35
' ARTICLE IV. ADMINISTRATION 42
' A. Added Requirements 42
B. Special Gameroom Requirements 44
C. Buffers 47
'
D.
Conditional Uses
48
E.
Non -Conforming Uses
50
F.
Manufactured Home Park Approval Process
55
'
G.
Temporary Uses
57
H.
Dwellings as Accessory Uses
58
'
I.
J.
Retail Sales and Service as Accessory Uses
Fences and Walls
58
58
K.
Satellite Dish Antennas
58
I
L. Certification of Occupancy 60

M.
Plats
61
N.
Interpretation, Purpose and Conflict
61
O.
Changes and Amendments
61
P.
Validity
64
Q.
Enforcement
64
R.
Zoning Permits
65
S.
Building Permits Prior to Effective Date
66
T.
Penalty
66
ARTICLE V. PROVISIONS OF N.C. THE GENERAL STATUTES 68
(160A-385.1) ESTABLISHMENT OF THE VESTED RIGHT
Legislative/Intent/Purpose 68
A.
Definitions
68
B.
Establishment of a Vested Right
69
C.
Approval Procedures and Approval Authority
69
D.
Duration of Vested Rights
70
E.
Termination of Vested Rights
70
F.
Miscellaneous Provisions
71
G.
Voluntary Annexation
71
H.
Limitations
72
I.
Repealer
72
J.
Effective Date
72
ARTICLE VI. SIGNS
73
A.
Statement of Purpose
73
B.
General Requirements
73
C.
Exemptions
73
D.
Signs Permitted in Residential Districts
74
E.
Signs Permitted in Central Business District
75
F.
Signs Permitted in Highway Business District
76
G.
Signs Permitted in Industrial District
77
H.
Shopping Center Signs
77
I.
Temporary Signs
78
J.
Signs Permitted in Conjunction with Nonconforming Uses
79
K.
Nonconforming Signs
79
L.
Prohibited Signs
80
M.
Institutional Signs
80
N.
Illumination
81
O.
Maintenance and Removal of Unsafe Signs
81
P.
Outdoor Advertising Signs
82
ARTICLE VII. OFF STREET PARKING REQUIREMENTS
83
A. Off Street Parking 83
B. Minimum Loading Requirements 85
C. Additional Parking Requirements 85

t
t
1
1
1
1
1
1
1
ARTICLE VIII. HANDICAPPED PARKING REQUIREMENTS 87
ARTICLE IX. BYLAWS FOR THE OPERATION OF THE TOWN 88
OF RICHLANDS PLANNING BOARD
A. General Rules 88
B. Members and Terms of Office 88
C. Officers and Duties 88
D. Meetings 89
E. Records 90
ARTICLE X. TOWN OF RICHLANDS BOARD OF ADJUSTMENT 91
A. Board of Adjustment 92
B. General Rules 93
C. Officers and Duties 93
D. Alternate Members 94
E. Rules of Conduct for Members 94
F. Meetings 95
G. Appeals and Applications 95
H. Amendments 98
APPENDIX
A Form to Determine Zoning Compliance
Application for a Conditional Use Permit
Handicapped Parking Requirements (Illustrations)
Vested Right Application Form

TOWN OF RICHLANDS
ZONING ORDINANCE
Article I. Purpose, Authority, and Definitions
A. Purpose
The purpose of this ordinance is to guide the development of Richlands, North Carolina,
and to facilitate the adequate provision of transportation, sewerage and water systems,
parks and other public improvements. to regulate the location and use of land and
buildings, the erection, reconstruction and alteration of buildings, the height and size of
buildings, and the density of population. to divide the Town into districts of such number,
shape and size as may be best suited to cam out said purposes; and to encourage the
appropriate use of land throughout the Town utilizing the recommendations of the Land
Use Plan to promote the health. safety. and general welfare of the Town of Richlands.
Authority
This ordinance is adopted pursuant to the authority vested in the Town of Richlands by its
charter, Chapter 160A of the General Statutes of North Carolina, and other local
legislation.
C. Definitions
For the purpose of this ordinance. the following words, phrases, terms and their
derivations shall have the meaning given herein.
Unless the context clearly indicates to the contrary, words used in the present tense
include the future; words used in the plural context will include the singular, and words
used in the singular will include the plural; the word "herein" means in this ordinance; the
words "shall" or "must" are mandatory and not directory; the word "may" is permissive;
the word "building" includes the word "structure", and the words "structure" and
"building" shall include any part thereof, the words "used" or 'occupied" shall be
construed to include the words "intended", "arranged", or "designed" to be used or
"occupied".
A person shall include a corporation, a partnership and an unincorporated association
such as a club; the word "development" shall be construed so as to include development
by cooperative or collective or other similar means of development through common
ownership or through the use of lease -hold estates; and the words "immediately adjacent"
shall be construed to mean all land abutting the subject property and extending two
hundred (200) feet therefrom or. when said property so defined includes right-of-way, it

I
I
I
I
I
shall mean all land abutting the right-of-way and extending two hundred (200) feet
therefrom.
Abutting: Lots having property or zoning district lines in common. Lots are considered
abutting if they are directly opposite each other and separated by a street or alley.
Access: A way of approaching or entering a property. Access included ingress, the right
to enter, and egress, the right to leave.
Accessory Use: An activity or structure incidental or secondary to the principal use on
the same site. Accessory uses are subordinate in area and purpose to the principal use.
Home occupations, swimming pools, dwellings (such as garage apartments), or fences
and walls may be considered an accessory use.
Agriculture: The following definitions apply to the appropriate zoning districts:
Agriculture -vegetative: The activity of cultivating the soil and/or producing
crops.
Agriculture -livestock: The activity of raising livestock. Minimum lot size for
livestock activities:
Fowl Averaging Under Five Pounds in Weight: The number of such fowl shall
not exceed twenty-five (25) per acre or a maximum of four hundred (400). All
housing structures, outdoor pens and feeding areas shall be set back (1) foot per
fowl from all property lines. All fowl must,be confined or fenced together.
Fowl Averaging Over Five Pounds in Weight: The number of such fowl shall not
exceed three (3) per acre or a maximum of thirty-five (35). All housing structures,
outdoor pens and feeding areas shall be set back ten feet per fowl from all
property lines. All fowl must be confined or fenced together.
' Animals, Other Than Fowl, Averaging Over Thirty Pounds In Weight: The
number of such animals shall not exceed three (3) per acre or a maximum of
thirty-five (35). All housing structures, outdoor pens and feeding areas for such
' animals shall be set back ten feet per animal from all property lines. Such animals
shall not be confined together. Offspring less than thirty (30) days old shall not be
included in the number per acre.
The agriculture -livestock definition does not apply to animals ordinarily
considered pets such as dogs, cats, birds and pot-bellied pigs.
Airport (Private): A facility intended and used as the place where one or more fixed
wing or rotary wing aircraft are regularly stored, maintained, or repaired while not in
r

flight, including any area of land designed and set aside for the landing and take -off of
aircraft.
Alley: A roadway which affords only a secondary means of access to abutting property
and is not intended for general traffic circulation.
Apartment: A suite of rooms or a room in a multi -family dwelling arranged and
intended as a place of residence for a single family. Such a dwelling may be located in an
apartment house, duplex, or as an accessory use in a single family home or a commercial
building.
Apartment House: A building containing three (3) or more dwelling units, except where
permitted as an accessory use. This is multi -family housing.
Arcade: Any establishment that maintains more than three (3) automatic amusement
machines. Automatic amusement machine includes any machine or device activated by a
coin or token, and which when operated is used as a game of skill, test, contest or
entertainment (not to include pool tables or music machines). This definition does not
include establishments which sell alcoholic beverages or have pool tables.
Block: A tract of land or a lot or a group of lots bounded by streets, public parks, golf
courses, railroad rights -of -way. water courses, lakes, unsubdivided land, or a boundary
line or lines of the County or its Towns or any combination of the above.
Block Frontage: That portion of a block which abuts a single street.
Bona Fide Farm: Any tract of land containing at least three (3) acres which is used for
dairying or for the raising of agricultural products, forest products (including facilities for
the sale of such products on the premises where produced), provided that, a farm shall not
include agricultural -livestock type uses (commercial poultry or swine production, cattle
feed lots, etc.) or facilities for raising fur bearing animals.
Board of Aldermen: The governing body of the Town of Richlands.
Buffer: A fence, wall, hedge, or other planted area or device used to enclose, screen, or
separate.
Buffer Zone: A strip of land created to separate and protect one type of land use from
another.
Building Area: The total area of a lot covered by a structure measured on a horizontal
plane at mean grade level exclusive of uncovered patios, terraces and steps.
3

I
the average sidewalk grade, street grade or
Budding Height: The vertical distance from g gr gr
' finished grade at the building line, whichever is highest, to the highest point of the
building.
Building, Principal (Main): A building in which is conducted the principal use of the
plot on which it is situated.
Campers: See Travel Trailers.
Canopy, Marquee, or Awning: Any roof -like structure extended over a sidewalk or
' walkway.
Certificate of Occupancy: An official certification that a structure conforms to the
provisions of the Zoning Ordinance and the NC Uniform Building Code and may be used
or occupied. Such a certificate is granted for new construction or for alteration or
additions to existing structures or for a change in use. Unless such a certificate is issued a
building cannot be legally occupied.
Church or House of Worship: Any permanent structure designed or adapted for use by
members of a church, temple, synagogue, mosque, or the like for the purpose of prayer,
religious service or other rite showing reverence or devotion for a deity. Where permitted
' by right or condition in this Ordinance activities at such facilities shall be limited to those
associated with worship or fellowship by its members or congregation. Prohibited
without further approval are such activities as education for preschool, primary,
secondary and post secondary students, dormitory facilities, and ongoing commercial
enterprise.
Club or Lodge (Private Non-profit, Civic or Fraternal): A non-profit association of
persons who are bonafide members paying dues, and which own, hire, or lease a building
or a portion thereof, the use of such building being restricted to members and their guests.
' Conditional Use: A use that may locate in certain zoning districts provided it will not be
detrimental to the public health and general welfare and will not of itself impair the
' integrity and character of the district as determined by the Aldermen.
' Convalescent Home (Nursing Home): An institution which is advertised, announced,
or maintained for the express or implied purpose of providing nursing or convalescent
care for persons unrelated to the licensee. A convalescent home is a home for chronic or
nursing patients who, on admission, are not as a rule acutely ill or who do not require
special facilities, such as an operating room, x-ray facilities, laboratory facilities, or
obstetrical facilities.
Conversion: The alteration of the use of an existing building to another type of use
permitted under this ordinance.

Day Care Facilities: Any child or adult care arrangement which provides care on a
regular basis for more than four (4) hours per day for more than five (5) persons. Day
care facilities may be either non-profit or for profit enterprises. The concept of Day Care
Facilities as defined here does not include: public schools or other schools, summer
camps, or group living quarters (see Family Care Home, Home Care Unit, or Halfway
House).
Dimensional Nonconformity: A nonconformity situation that occurs when the height,
size, or minimum floor space of a structure or the relationship between an existing
building or lot line does not conform to the regulations applicable to the district in which
the property is located.
Dish Antenna: A dish antenna, or earth station, is any accessory structure capable of
receiving, for the sole benefit of the principal use. radio or television signals from a
transmitter or a transmitter relay located in planetary orbit.
a. Dish Antenna Height: The height of the antenna or dish shall be that distance as
measured vertically from the highest point of the antenna or dish, when positioned
for its lowest angle for operation, to ground level at the bottom of the base which
supports the antenna.
b. Dish Antenna Setback: The setback of a dish antenna shall be measured from
the center mounting post supporting the antenna. I
Dwelling, Single -Family: A building designed to be occupied by one (1) family.
Dwelling, Duplex: A building containing two (2) dwelling units where the building is
designed to be occupied by two (2) families living independently from each other.
Dwelling, Multi -Family: A building designed to be occupied by three (3) or more
families living independently of each other.
Easement: Authorization by a property owner for the use of another party, for a specific
purpose, of any designated part of said property without conferring exclusive possession.
Extra -Territorial Jurisdiction (ETJ): A defined area extended one mile beyond the
Town limits.
Family: One or more persons living together that are related by blood, adoption, or
marriage, living and cooking together as a single housekeeping unit, exclusive of
household servants. A number of persons living and cooking together as a single
housekeeping unit though not related by blood, adoption, or marriage shall be deemed to
constitute a family.
5

1
Family Care Home: A home with support and supervisory personnel that provides room
and board, personal care and habitation services in a family environment for not more
than six (6) resident handicapped persons. (GS 168-21, GS 168-22)
Floor Area (for determining off-street parking and loading requirements): The sum
of the gross horizontal areas of the several floors of the building, or portion thereof,
devoted to such use, including accessory storage areas located within selling or working
space as counters, racks, or closets, and any basement floor area devoted to retailing
activities, to the production or processing of goods, or to business or professional offices.
"Floor area" for the purposes of measurement for off- street parking spaces shall not
include: floor area devoted to primarily storage purposes (except as otherwise noted
herein); floor area devoted to off-street parking or loading facilities, including aisles,
ramps, and maneuvering space; or basement floor other than area devoted to retailing
activities, to the production or processing of goods, or to business or professional offices.
Floor Area, Gross: The total square footage on all floors within a building.
Frontage: The property abutting one side of a street or public way, measured along the
right-of-way line.
Garage Apartment: An accessory building, not a part of the principal building,
containing living space for not more than one (1) family.
Garage, Private: A building used as an accessory to the main building permitted in any
district, and providing for the storage of a motor vehicle and in which no business,
occupation, or service is conducted.
Garage, Public: Any building. except those described as a private garage, used for
storage or care of motor vehicles.
Guest House (Tourist Home, Boarding House): Any dwelling occupied by owner or
operator in which five rooms or less are rented for lodging of transients and travelers for
compensation.
Halfway House: Therapeutic residences that provide a sheltered and transitional
environment for persons emerging from mental or penal institutions or drug treatment
centers.
1 Handicapped Person: A person with a temporary or permanent physical, emotional, or
mental disability including but not limited to mental retardation, cerebral palsy, epilepsy,
autism, hearing or sight impairments, emotional disturbances and orthopedic impairments
but not including mentally ill persons who are dangerous to others as defined in GS
122C-3(11)b.

Home Care Unit: A facility meeting all of the requirements of the State of North ,
Carolina for boarding and care of not more than five (5) persons who are not critically ill
and do not need professional medical attention or meets the definition of 42 U.S.C. ,
3602(h). Home care units, by definition, must be on lots of at least one acre in size.
Home Occupation: An occupation for gain or support customarily conducted on the I
premises by a person or family residing thereon provided:
(a) Only one (1) person other than members of the family residing on the premises
shall be engaged in such occupation;
(b) The use of the dwelling unit for the home occupation shall be clearly incidental
and subordinate to its use for residential purpose by its occupants, and not more
than twenty-five percent (25%) of the floor area of the dwelling unit shall be used
in the conduct of the home occupation;
I
(c) There shall be no change in the outside appearance of the building or premises, or
other visible evidence of the conduct of such home occupation;
(d) No traffic shall be generated by such home occupation in greater volumes than '
would normally be expected in a residential neighborhood, and any need for
parking generated by the conduct of such home occupation shall be met off street
and other than in any required yard. Vehicles used primarily as passenger vehicles
including pickup trucks and step -type vans only shall be permitted in connection
with the conduct of the customary home occupation; -
(e) No equipment or process shall be used in such home occupation which creates
noise, vibration, glare, fumes or electrical interference detectable to the normal
senses off the lot, if the occupation is conducted in a single family housing unit, or L
outside the housing unit if conducted in other than a single family housing unit. In
the case of electrical interference, no equipment or process shall be used which
creates visual or audible interference in any radio or television receivers off the
premises; or causes fluctuations in line voltage off the premises;
(f) No display of products shall be visible from the street, and the selling of '
merchandise or the manufacture of merchandise for sale except baking, sewing
and/or home crafts normally made in the home cannot be the primary function of
the home occupation;
(g) Instruction in music, dancing or tutoring of academic subjects shall be limited to
four (4) students at a time;

f(h) All persons now operating a Home Occupation shall be grand fathered but they
must declare their home occupation within 60 days of adoption of this ordinance.
' Also, proof must be shown that occupation was in existence prior to ordinance
adoption.
(i) Signs shall be fixed to the main building. Signs shall not exceed 18"h X 30"w.
Signs shall not be illuminated.
Housekeeping Unit: Any part of a living area used to prepare food in any manner for
human consumption, the existence of two or more of such areas shall create a conclusive
' presumption that the dwelling unit was designed for or is being used by two or more
families.
Hotel: A building occupied or used as a more or less temporary abiding place of
individuals or groups who are lodgers and in which there are sleeping accommodations
supplied for pay to transients or permanent guests or tenants. Hotels may have one or
1 more dining rooms, restaurants, or cafes where meals are served. (See Motel.)
Junk Yard: An area where scrap metal or other waste is bought, sold, exchanged, or
handled on an on -going basis. including automobile salvage and wrecking yards. A junk
yard does not include uses established entirely within enclosed buildings.
Land Use Plan: The adopted Land Use Plan or "Land Use Plan Update" of the Town of
Richlands. ("Land Use Plan" may also refer to the PUD requirement.)
Lot: A parcel of land occupied or designated to be occupied by a main building or group
of buildings and accessory buildings, together with such yards, open spaces, lot width and
minimum lot area including road frontage as required by this ordinance. Each separate lot
must be either shown on a plat of record or described by metes and bounds in a deed or
other document of record in the Onslow County Register of Deeds. A lot may be
1 comprised of any number of contiguous lots of record provided a recorded or recordable
map shows the combination and the combined lots of records are occupied by a main
building or group of buildings or are being developed for the purpose of containing a
main building or group of buildings.
Lot Area: The total horizontal area enclosed with lot lines.
Lot, Corner: A lot which has at least two (2) adjoining sides which abut a street or other
public right-of-way, provided that the angle of intersection of the two lines is less than
135 degrees.
Lot, Depth of: The average horizontal distance between front and rear lot lines.
'Lot,Front
ont of: The portion of a lot nearest the street. For corner and through lots, all
sides adjacent to street rights -of way shall be considered fronts.
1

Lot, Interior: A lot other than a corner lot.
Lot Lines: The lines bounding a lot as defined herein.
Lot Line, Front: The lines separating said lot from the street right-of-way.
Lot, Through: A interior lot having frontage on two streets.
Lot, Width of: The mean horizontal distance between side lot lines.
Manufactured Home: A dwelling 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 forty
feet in length and eight feet in width.
Manufactured Home, Class A: A manufactured home constructed after July 1, 1976,
that meets or exceeds the construction standards promulgated by the US Department of
Housing and Urban Development that were in effect at the time of construction and that
satisfies the following additional criteria:
(a) The manufactured home has a length not exceeding four times its width, with
length measured along the longest axis and width measured at the narrowest part
of the other axis;
(b) The manufactured home has a minimum of 1,344 square feet of enclosed and
heated living area;
(c) The pitch of the roof of the manufactured home has a minimum vertical rise of
two and two tenths feet for each twelve feet of horizontal run (2.2 feet and 12 feet)
and the roof is finished with a type of shingle that is commonly used in standard
residential construction;
(d) All roof structures shall provide an eaves projection of no less than six inches,
which may include a gutter;
(e) The exterior siding consists predominantly of vinyl or aluminum horizontal lap
siding (whose reflectivity does not exceed that of gloss white paint), wood or
hardboard comparable in composition. appearance and durability to the exterior
siding commonly used in standard residential construction;
(f) The manufactured home is set up in accordance with the standards set by the
North Carolina Department of Insurance and a continuous brick wall, non -pierced
except for required ventilation and access, must be installed under the perimeter of
the manufactured home within sixty (60) days;
(g) Stairs, porches, entrance platforms, ramps and other means of entrance and exit to
and from the home shall be installed or constructed in accordance with the
standards set by the North Carolina Department of Insurance, attached firmly to
the primary structure and anchored securely to the ground; and
(h) The moving hitch, wheels and axles, and transporting lights have been removed.
(i) The manufactured home must be at least fourteen feet wide.
9

It is the intent of these criteria to insure that a Class A manufactured homes, when
installed, shall have substantially the appearance of an on -site, conventionally built,
single-family dwelling.
Manufactured Home Class B: A manufactured home constructed after Jul 1 1976
Y >
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
meet or exceed criteria (g), (h), and (i) for Class A homes above. The manufactured
home must be set up in accordance with the standards set by the North Carolina
' Department of Insurance and a continuous wall, consisting of brick, masonry, or vinyl,
and non -pierced except for required ventilation, must be installed under the perimeter of
the manufactured home within sixty (60) days.
Manufactured Home, Class C: Any manufactured home that does not meet the
definition of a Class A or Class B manufactured home.
Manufactured Home Park: Any site or tract of land, of contiguous ownership upon
which manufactured home spaces are provided for manufactured home occupancy
whether or not a charge is made for such service. This does not include manufactured
home sales lots on which unoccupied manufactured homes are parked for the purpose of
tsales.
Mobile Home: A trailer type home on wheels, usually meant for short term occupancy.
Such a unit may be readily hooked to the trailer hitch of a pull vehicle and may be moved
on short notice. Mobile homes are not self propelled. Mobile homes are distinguished
from manufactured homes by their size. Since they are small they do not therefore meet
the standards for Class A or Class B manufactured homes (as defined herein). Mobile
Homes will not be approved for permanent occupancy in any zoning district in Richlands.
(See Travel Trailer.)
Modular Home: A dwelling unit constructed in accordance with the standards set forth
in the North Carolina State Building Code and composed of components substantially
assembled in a manufacturing plant and transported to the building site for final assembly
on a permanent foundation. Among other possibilities, a modular home may consist of
two or more sections transported to the site in a manner similar to a manufactured 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
j site.
' Motel: Land developed for a single structure or a group of structures of permanent
construction that contains guest rooms with vehicle parking space and utility structures
provided to allow sleeping accommodations for pay to transient guests or tenants.
10

Neighborhood: A residential area whose residents have public facilities and social
institutions in common and generally within walking distance of their homes.
Non -conforming Lot: A lot existing at the effective date of this ordinance or any
amendment to it that cannot meet the lot requirements of the district in which the lot is
located.
Non -conforming Project: Any structure, development, or undertaking that is incomplete
at the effective date of this ordinance and would be inconsistent with any regulation
applicable to the district in which it is located if completed as planned.
Non -conforming Situation: A situation that occurs when, on the effective date of this
ordinance or any amendment to it. an existing lot or structure or use of an existing lot or
structure does not conform to one or more of the regulations applicable to the district in
which the lot or structure is located.
Non -conforming Use: A non -conforming situation that occurs when property is used for
a purpose or in a manner made unlawful by the use regulations applicable to the district in
which the property is located.
Nursing Home: See Convalescent Home.
Park, Public: An area for recreation and/or parking which is owned by a public entity.
Parking Lot: An area or plot of land used for the storage or parking of vehicles.
Planned Unit Development (PUD): A PUD is a land development project planned as a
single entity by means of a unitary site plan which permits flexibility on building, siting,
mixtures of housing types and land uses, usable open space, and the preservation of
significant natural features.
Parking Space: A storage space of not less than one hundred and sixty (160) square feet
for one automobile, plus the necessary access space.
Plat: A map showing the location, boundaries, and ownership of individual properties.
Premises: A singular piece of property as conveyed in a deed or a lot or a number of
adjacent lots on which is situated a land use, a building, or a group of buildings designed
as a unit or on which a building or group of buildings or a lot upon which some land use
is being considered.
Residence: A building designed to be used as permanent living quarters for one or more
families.

Right -of -Way: Land occupied or intended to be occupied by a street, crosswalk,
railroad, utility line, or other special purpose and held exclusive from abutting properties.
Septic Tank: A tank used in combination %vith leaching fields or trenches in which
sewage is purified by bacterial action. It is distinct from a cesspool which retains solids
and must be periodically pumped out.
Service Station: A building or a lot where mechanical services, gasoline, oil, greases,
and accessories are dispensed to the motor vehicle trade.
Setback Line: A line specifically established upon a plat or established by the zoning
ordinance which identifies an area into which no part of a building shall project except as
provided by these regulations. For example, the front setback line is a line measured
parallel to the front property line (or right-of-way) in front of which no structure shall be
erected.
Shopping Center: A group of commercial establishments planned, developed and
managed as a unit, with off-street parking on the property.
Se%,age System: A facility designed for the collection, removal, treatment and disposal
of waterborne sewage generated within a given service area. .
Sign: Any words, lettering. figures, numerals, emblems, devices, trademarks, or trade
names, or any combination thereof, by which anything is made known and which is
designed to attract attention and to convey a message. A structure that is arranged,
intended, designed or used as an advertisement, announcement or direction; and includes
a sign, sign screen, billboard. poster panel and advertising devices of every kind which
1 are displayed out-of-doors.
Sign Area: The surface area of a sign shall be computed as including the entire area
1 within a regular geometric form or combination of forms comprising the total display area
of the sign. When calculating sign area, only one side of a double-faced sign shall be
considered.
Stable, Private: A stable with a capacity of not more than one l horse for 3 500 square
S � P Y �) � 9
feet of lot area whereon such stables are located and where such horses are owned by the
owners or occupants of the premises and are not kept for remuneration of any kind.
Stable, Public: Any stable other than a private stable.
Story: That portion of a building included between the surface of any floor and the
1 surface of the next floor above it, or if there is not floor above it, then the space between
such floor and the ceiling above it.
IStreet: A thoroughfare which affords principal access to abutting property.
1 12

Structure: Anything constructed or erected, the use of which requires location upon the
land (or attachment to something)and having a permanent location on the land.
Structural Alterations: Any change except for repair or replacement in the supporting
members of a building, including bearing walls, columns, beams and girders.
Trailer Camp: Any lot or parcel of land set aside and offered by any person to the
transient public for the parking and accommodation of two (2) or more travel trailers or
mobile homes which are to be occupied for sleeping or eating.
Travel Trailer: Any vehicle designed to be transported and intended for human
occupancy as a dwelling for short periods of time, such vehicles containing limited or no
kitchen or bathroom facilities. Travel trailers are self propelled. (See Mobile Home.)
Use, Permitted: A use which is permitted outright in a district for which a Zoning
Permit may be issued by the Zoning Administrator.
Use, Conditional: A use which is permitted in a district under certain conditions only if
a permit is expressly authorized by the Board of Aldermen.
Variance: A variance is a relaxation of the terms of the Zoning Ordinance where such
variance will not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of the action of the applicant a literal
enforcement of the ordinance would result in unnecessary and undue hardship. As used
in this ordinance, a variance is authorized only for height, area, and size of a structure or
size of yards and open spaces; establishment or expansion of a use otherwise prohibited
shall not be allowed by variance. nor shall a variance be granted because of the presence
of non -conformities in the zoning district or uses in an adjoining zoning district. A
variance may only be granted by the Board of Adjustment.
Yard: An open space on the same lot with a building, unoccupied and unobstructed from
the ground upward, except by trees or shrubbery, or as otherwise provide herein.
Yard, Front: An open space across the full width of the lot measured between the
building line of the main building and the street right-of-way line.
Yard, Rear: An open space extending across the full width_ of the lot and measured
between the rear line of the lot and the rear line of the main building.
Yard, Side: An open space extending from the front building line of the main building
to the rear building line of the main building.
Zoning Administrator: The Zoning Administrator is the official charged with handling
the official duties of the Town relative to Zoning and Zoning Ordinance administration.
13

The Zoning Administrator will make final decisions on proposals received from
developers and citizens as to the consistency of such proposals with the regulations in this
Ordinance. The Town Administrator is the Zoning Administrator in the Town of
Richlands.
IZoning Amendment: A change in the zoning ordinance text or map.
I
1
1 14

Article II. Establishment of Districts
A. Number and Titles
In order to implement the intent of this ordinance, the Town of Richlands, North
Carolina, and its extra -territorial jurisdiction are hereby divided into the following zoning
districts:
R-6
Medium Density Residential District
R-6MH
Medium Density/Mobile Home Residential District
R-8
Light/ Medium Density Residential District
R-10
Moderate Density Residential District
R-15
Moderate/Light Density Residential District
RA-20
Light Density Residential/Agricultural District
RA-20MH
Mobile Home Residential/Agricultural District
CB
Central Business District
HB
Highway Business District
I
Industrial District
OAR
Open Area/Recreation District
PUD
Planned Unit Development Overlay District
B. Zoning District Map
The boundaries of the zoning districts are shown upon the map accompanying this
ordinance and made apart hereof. entitled "Zoning Map, Richlands, North Carolina". The
Zoning Map and all the notations. references and all amendments thereto, and other
information shown thereon is hereby made a part of this ordinance the same as if such
information were all fully described and set out herein. The Zoning Map is on file in the
office of the Town Clerk and is available for inspection by the public.
1. Creation: In the creation. by this ordinance of the respective zones, the Board of
Aldermen has given due and careful consideration to the peculiar suitability of
each and every zone for the particular regulations applied thereto, and the
necessary, proper and comprehensive groupings and arrangements of the various
uses and densities of population in accordance with a well considered Land Use
Plan for the development of the Town.
2. Zoning District Map Legitimacy and Location: Regardless of the existence of
purported copies of the Zoning District Map which may from time to time be
made or published, the official Zoning District Map of the Town of Richlands
shall be located in the office of the Town Clerk. The Town Administrator is the
Zoning Administrator in Richlands.
15

3. Amendments to the Zoning P District Map: No changes of any nature shall be
made to the Zoning District Map except in conformity with the procedures set
forth in the Ordinance.
C. Interpretation of District Boundaries
The boundaries of each district which are indicated on the Zoning Map of the Town of
Richlands, together with all explanatory matter thereon, are hereby adopted by reference
and declaration to be a part of this ordinance.
Where uncertainty exists as to the boundaries of districts as shown on the zoning map, the
following rules shall apply:
1. Boundaries following center lines: Boundaries indicated as approximately
following the center lines of streets. highways, or alleys shall be construed to
follow such center lines.
2. Boundaries following lot lines: Boundaries indicated as approximately
following plotted lot lines shall be construed as following such lot lines.
. Boundaries followin ToH-n limits: Boundaries indicated as approximately
3 g PP Y
' following Town limits shall be construed as following Town limits.
4. Boundaries following shore lines: Boundaries indicated as approximately
following the center lines of streams. creeks, or other bodies of water shall be
construed to follow such center lines.
5. Boundaries parallel to center lines: Where district boundaries are so indicated
that they are approximately parallel to the center line of streets, alleys or
highways, or the rights -of -way of the same, such district boundaries shall be
construed as being parallel thereto and at such distance therefrom as indicated on
the zoning map and/or within the text of the Zoning Ordinance.
6. Boundaries dividing lots: Where a district boundary line divides a lot or tract in
single ownership, the district requirements for the least restricted portion of such
lot or tract shall be deemed to apply to the whole thereof, provided such
extensions shall not include any part of a lot or tract more than fifty (50) feet
beyond the district boundary line. The tern 'least restricted" shall refer to use
.. restrictions and not to lot size.
7. Cases of uncertainty in boundary decisions: In the event that uncertainty exists
in the interpretation of the district boundaries, the Richlands Board of Adjustment
shall interpret the intent of the zoning map as to the location of such boundaries.
I
1 16

D.
8. Street Vacation: Where any street or alley is hereafter officially vacated or
abandoned, the regulations applicable to each parcel of abutting property shall
apply to that portion or such street or alley abandonment. In a case where abutting
property has a different zoning district designation, boundaries follow center lines.
Interpretation of District Regulations
1. Uses By Right— All listed permitted uses are permitted by right according to the
terms of this ordinance. Conditional uses are permitted subject to strict
compliance with additional regulations specified by the Board of Aldermen.
2. Minimum Regulations— Regulations set forth in 'this ordinance shall be
minimum regulations. If the requirements of this ordinance are at variance with
the requirements of any other lawfully adopted rules, regulations, or ordinances, j
the more restrictive rule, regulation, or ordinance shall govern.
3. Restrictive Covenants & Deed Restrictions— Unless restriction established by
covenants and deed restrictions running with the land are prohibited by the
provisions of the ordinance, the U.S. Constitution, or other State or federal law,
rule, or regulation, nothing herein contained shall be construed to render such ,
covenants or restrictions inoperative.
I
I
17 1

1 Article III. Zoning District Regulations
The following zoning districts are in effect in Richlands;
A. Medium Density Residential District, R-6
1. Purpose: It is the purpose of the R-6 district to provide for medium density
residential development in areas with available urban services. The purpose of the
R-6 district is to allow slightly higher density than in the R-8 district.
2. Permitted Uses: The following uses shall be permitted in the R-6 district subject
to the provisions of this article.
Single Family Site Built Residential Units
Modular homes
Schools (public and private)
Public utilities
Public buildings
Planned Unit Developments (PUD overlay)
Churches
Parks (Municipally owned parks, playgrounds, and recreation centers— or parks,
playgrounds, and recreation centers owned and operated by nonprofit civic
organizations)
Two-family dwellings or duplexes
Multi -family dwellings
Guest houses and boarding homes
Accessory Buildings (Cannot be occupied or rented, must meet the requirements
of the district.) Accessory buildings 10' X 12' or smaller must be at least 6'
from the rear and side property line. Accessory buildings larger than 10' X
12' must be placed 15' from the rear and side property lines. Size limit of
200 square feet. No accessory buildings in the front yard.
Swimming pools (all public, commercial, or private outdoor swimming pools of
1 three (3) feet or more in depth, either above or below ground, and of either
permanent or temporary construction) are an accessory use for this district;
provided, however, they must meet the following criteria: (1) The setback
for an above ground swimming pool from any lot line is equal to the
setback for accessory structures in the district in which it is located plus
one (1) foot for each foot over five (5) feet of pool height. (2) A fence
must be erected to a minimum height of six (6) feet tp completely enclose
all sides of the pool not bounded by a building. A gate of equal height
Ishall be installed and securely fastened when the pool is not in use.
I
1 18

3. Conditional Uses: The following uses may be permitted in the R-6 district if the
Town determines them not to be objectionable and if the landowner complies with
the various controls (conditions) required by the Board of Aldermen.
Home occupations (see definitions for restrictions)
Class A manufactured homes
Cemeteries
Children's Day Care facilities (See Article 1V for restrictions)
Bed & Breakfast Establishments (See Article IV for restrictions)
Agriculture -vegetative
4. Lot, Yard, and Height Requirements:
Minimum Lot Size
6,000 sq. ft.
Each Additional Lot
6,000 sq. ft
Each Additional Dwelling Unit
3,000 sq. ft
Minimum Lot Width
50 ft.
Each Additional Dwelling Unit
30 ft.
Front Yard
25 ft.
Side Yard
8 ft.
Rear Yard
10 ft.
Maximum Building Height
35 ft.
5. Off Street Parking: Please refer to Article VII of the Zoning Ordinance.
6. Signs: Please refer to Article VI of the Zoning Ordinance.
7. Corner Visibility: On a corner lot. within the area formed by a triangle twenty-
five (25) feet from the intersection of right-of-way lines, there shall be no
obstruction to vision between a height of two (2) feet and a height of ten (10) feet
above the average center line grade of each street.
B. Medium Densit-*,/Manufactured Home Residential District, R-6MH
1. Purpose: This district is established to provide for medium density residential
development in areas with available urban services. The purpose to the R-6MH
district is to allow slightly higher density than in the R-8 district and to allow for
manufactured homes.
2. Permitted Uses: The following uses shall be permitted in the R-6MH district
subject to the various provisions of this article.
All uses permitted in the R-6 district.
Manufactured Homes (Class A & B— one per lot)
m

3. Conditional Uses: The following uses shall be permitted in the R-6MH district
subject to the provisions of this article.
Manufactured home parks (These facilities are required to have'an approved site
plan.)
Cemeteries
Children's Day Care facilities (See Article IV for restrictions)
Bed -& Breakfast Establishments (See Article IV for restrictions)
Home occupations (see definitions for restrictions)
4. Lot, Yard, and Height Requirements:
g 9
Minimum Lot Size
6,000 sq. ft.
Each Additional Lot
6,000 sq. ft
Each Additional Dwelling Unit
3,000 sq. ft
Minimum Lot Width
50 ft.
Each Additional Dwelling Unit
30 ft.
Front Yard
25 ft.
Side Yard
8 ft.
Rear Yard
10 ft.
Maximum Building Height
35 ft.
5. Off Street Parking: Please refer to Article VII of this ordinance.
6. Signs: Please refer to Article VI of the Zoning Ordinance.
7. Corner Visibility: On a corner lot. within the area formed by a triangle twenty-
five (25) feet from the intersection of right-of-way lines, there shall be no
obstruction to vision between a height of two (2) feet and a height of ten (10) feet
above the average center line grade of each street.
i
C. Light Medium Density Residential District, R-8
1. Purpose: It is the purpose of the R-8 District to provide for light/medium density
residential development in areas with available urban services. The purpose of the
R-8 district is to allow slightly higher density than in the R-10 district.
2. Permitted Uses: The following uses shall be permitted in the R-8 District subject
to the various provisions of this article.
Single Family Site Built Residential Units
Accessory Buildings to Permitted Uses (Cannot be occupied or rented, must meet
the requirements of the district.) Accessory buildings 10' X 12' or smaller
1 20

must be place at least 6' from the rear and side -property line. Accessory
buildings larger than 10' X 12' must be placed 15' from the rear and side
property lines. Size limit of 200 square feet. No accessory buildings in
front yard.
Swimming pools (all public. commercial, or private outdoor swimming pools of
three (3) feet or more in depth, either above or below ground, and of either
permanent or temporary construction) are an accessory use for this district;
provided, however. they must meet the following criteria: (1) The setback
for an above ground swimming pool from any lot line is equal to the
setback for accessory structures in the district in which it is located plus
one (1) foot for each foot over five (5) feet of pool height. (2) A fence
must be erected to a minimum height of six (6) feet tp completely enclose
all sides of the pool not bounded by a building. A gate of equal height
shall be installed and securely fastened when the pool is not in use.
Schools (public and private)
Public Utilities
Public Buildings
Planned Unit Developments (PUD overlay)
Modular Homes
Churches
Parks (Municipally ov.-ned parks. playgrounds, and recreation centers— or parks,
playgrounds. and recreation centers owned and operated by nonprofit civic
organizations.)
3. Conditional Uses: The following uses may be permitted in the R-8 District if the
Town determines them not to be objectionable and if the landowner complies with
the various controls (conditions) required by the Board of Aldermen.
Hospitals (medical centers for the treatment of human, rather than animal,
patients)
Cemeteries
Duplex
Home Occupations (See Definitions for restrictions.)
Multi -Family Housing
Bed & Breakfast Establishments (See Article IV for restrictions)
Day Care Facilities (See Article IV for restrictions)
4. Lot, Yard, and Height Requirements:
Minimum Lot Size
8,000 sq. ft.
Each Additional Lot
8,000 sq. ft
Each Additional Dwelling Unit
4,000 sq. ft
Minimum Lot Width
60 ft.
Each Additional Dwelling Unit
30 ft.
Front Yard
30 ft.
Side Yard
8 ft.
21

Rear Yard 15 ft.
Maximum Building Height 35 ft.
5. Off Street Parking: Please refer to Article VII of the Zoning Ordinance.
6. Signs: Please refer to Article VI of the Zoning Ordinance.
7. Corner Visibility: On a corner lot. within the area formed by a triangle twenty-
five (25) feet from the intersection of right-of-way lines, there shall be no
obstruction to vision between a height of two (2) feet and a height of ten (10) feet
above the average center line grade of each street.
D. Moderate Density Residential District, R40
1. Purpose: It is the purpose of the R-10 District to provide for moderate density
residential development in areas with available urban services.
j2. Permitted Uses: The following uses shall be permitted in the R-10 District
subject to the various provisions of this article.
Single Family Site Built Residential Units
Accessory Buildings to Permitted Uses (Cannot be occupied or rented, must meet
the requirements of the district.) Accessory buildings 10' X 12' or smaller
must be placed at least 6' from the rear and side property line. Accessory
buildings larger than 10' X 12' must be placed 15' from the rear and side
property lines. Size limit of 200 square feet. No accessory buildings in
front yard.
Swimming pools (all public. commercial, or private outdoor swimming pools of
three (3) feet or more in depth. either above or below ground, and of either
permanent or temporary construction) are an accessory use for this district;
provided, however. they must meet the following criteria: (1) The setback
tfor an above ground swimming pool from any lot line is equal to the
setback for accessory structures in the district in which it is located plus
one (1) foot for each foot over five (5) feet of -pool height. (2) A fence
must be erected to a minimum height of six (6) feet tp completely enclose
all sides of the pool not bounded by a building. A gate of equal height
shall be installed and securely fastened when the pool is not in use.
Parks and Playgrounds
Modular Homes
Greenhouses (accessory use only)
Planned Unit Developments (PUD overlay)
1 22

3. Conditional Uses: The following uses may be permitted in the R-10 District if
the Town determines them not to be objectionable and if the land owner complies
with the various controls required by the Board of Aldermen.
Churches
Home Occupations (See Definitions for restrictions)
Parks and Playgrounds
Day Care Facilities (See Article 1V for restrictions)
Public Buildings
Public Utilities
Schools (public & private)
4. Lot, Yard, and Height Requirements:
Minimum Lot Size
10,000 sq. ft.
Minimum Lot Width
80 ft.
Front Yard
30 ft.
Side Yard
8 ft.
Rear Yard
15 ft.
Maximum Building Height
35 ft.
5. Off Street Parking: Please refer to Article VI1 of the Zoning Ordinance.
6. Signs: Please refer to Article VI of the Zoning Ordinance.
E. Moderate/Light Density Residential District, R-15
1. Purpose: It is the purpose of the R-15 District to provide for light density
residential development and other uses consistent with the residential character of
the district.
2. Permitted Uses: The following uses shall be permitted in the R-15 District
subject to the various provisions of this article.
Single Family Site Built Residential Units
Accessory Building to Permitted Uses (Cannot be occupied or rented, must meet
the requirement's of the district.) Accessory buildings 10' X 12" or smaller
must be placed at least 6' from the rear and side property line. Accessory
buildings larger than 10' X 12" must be placed at least 15' from the rear
and side property lines. Size limit of 400 square feet. No accessory
buildings in front yard.
Swimming pools (all public. commercial, or private outdoor swimming pools of
three (3) feet or more in depth. either above or below ground, and of either
permanent or temporary construction) are an accessory use for this district;
23

provided, however. they must meet the following criteria: (1) The setback
for an above ground swimming pool from any lot line is equal to the
setback for accessory structures in the district in which it is located plus
one (1) foot for each foot over five (5) feet of pool height. (2) A fence
must be erected to a minimum height of six (6) feet tp completely enclose
all sides of the pool not bounded by a building. A gate of equal height
shall be installed and securely fastened when the pool is not in use.
Modular Homes
Greenhouses (accessory use only)
3. Conditional Uses: The following uses may be permitted in the R-15 District if
the Town determines them not to be objectionable and the land owner complies
with the various controls required by the Board of Aldermen.
iDay Care Facilities (See Article IV for requirements)
Golf Courses
Public Utilities
Home Occupations (See Definitions for restrictions)
Schools (public & private)
Churches
Parks and Playgrounds
4. Lot, Yard, and Height Requirements:
Minimum Lot Size
15,000 sq. ft.
Minimum Lot Width
100 ft.
Front Yard
30 ft.
Side Yard
12 ft.
Rear Yard
30 ft.
Maximum Building Height
35 ft.
5. Off Street Parking: Please refer to Article VII of the Zoning Ordinance.
6. Signs: Please to Article VI of the Zoning Ordinance.
F. Low Density Residential Agricultural District, RA-20
1. Purpose: The RA-20 District is designed for low density residential and
agricultural purposes, in a rural or near -rural setting, and is intended to insure that
residential development without access to public water and/or sewer may take
place in a manner which provides a healthful environment. This district is
designed to primarily govern land use in areas of the zoning jurisdiction least
developed for urban purposes. This district also permits certain service and public
1 24

uses which are common to a more rural setting, have large land area requirements,
or benefit from a low density setting.
2. Permitted Uses: The following uses shall be permitted in the RA-20 District
subject to the various provisions of this article.
Accessory Buildings to Permitted Uses (Cannot be occupied or rented, must meet
the requirements of the district.) Accessory buildings 10' X 12' or smaller
must be placed 6' from the rear and side property line. Accessory
buildings larger than 10' X 12' must be placed 15' from the rear and side
property lines. Limit of 500 square feet.
Swimming pools (all public, commercial, or private outdoor swimming pools of
three (3) feet or more in depth, either above or below ground, and of either
permanent or temporary construction) are an accessory use for this district;
provided, however. they must meet the following criteria: (1) The setback
for an above ground swimming pool from any lot line is equal to the
setback for accessory structures in the district in which it is located plus
one (1) foot for each foot over five (5) feet of pool height. (2) A fence
must be erected to a minimum height of six (6) feet tp completely enclose
all sides of the pool not bounded by a building. A gate of equal height
shall be installed and securely fastened when the pool is not in use.
Agriculture -Vegetative
Parks and Playgrounds
Single Family Site Built Residential Units
Modular Homes
Duplexes
Greenhouses (accessory use only)
Planned Unit Development (PUD overlay)
3. Conditional Uses: The following uses may be permitted in the R20 District if the
Town determines them not to be objectionable and the land owner complies with
the various controls required by the Board of Aldermen.
Churches
Day Care Facilities (See Article IV for restrictions)
Bed and Breakfast Establishments (See Article IV for restrictions)
Golf Courses
Home Occupations (See Definitions for restrictions)
Public Utilities
Public Buildings
Tennis Courts
Private Swimming Pools
Play field or Athletic Field
Agriculture -Livestock
Schools (public & private)
25

LJ
4. Lot, Yard, and Height Requirements:
Minimum Lot Size 20,000 sq. ft
Each Additional Lot 20,000 sq. ft
Each Additional D%velling Unit 10,000 sq. ft.
Minimum Lot Width 100 ft.
Each Additional D%velling Unit 50 ft.
Front Yard 30 ft.
Side Yard 15 ft.
Rear Yard 25 ft.
Maximum Building Height 35 ft.
5. Off Street Parking: Please refer to Article VII of the Zoning Ordinance.
6. Signs: Please refer to Article VI of the Zoning Ordinance.
G. Mobile Home Residential Agricultural District, RA-20MH
1. Purpose: The RA-20MH District is designed for low density residential and
agricultural purposes. in a rural or near -rural setting, and is intended to insure that
residential development without access to public water and/or sewer may take
place in a manner which provides a healthful environment. This district is
designed to primarily govern land use in areas of the zoning jurisdiction least
developed for urban purposes. This district also permits certain service and public
uses, as well as Class A manufactured homes, which are common to a more rural
setting, have large land area requirements. or benefit from a low density setting.
2. Permitted Uses: The following use shall be permitted in the RA-20MH district
subject to the various provisions of this article.
All uses permitted in the RA-20 district.
Manufactured Homes (Class A — one per lot)
4. Conditional Uses: The following uses may be permitted in the RA-20MH
district if the Town determines them not to be objectionable and if the landowner
complies with the various controls (conditions) required by the Board of
Aldermen.
All conditional uses listed in the RA-20 district.
Manufactured Home Parks (Class A only)
4. Lot, Yard, and Height Requirements:
Minimum Lot Size 20,000 sq. ft
Each Additional Lot 20,000 sq. ft
I
26

Each Additional Dwelling Unit
10,000 sq. ft.
Minimum Lot Width
100 ft.
Each Additional Dwelling Unit
50 ft.
Front Yard
30 ft.
Side Yard
15 ft.
Rear Yard
25 ft.
Maximum Building Height
35 ft.
5. Off Street Parking: Please refer to Article VII of the Zoning Ordinance.
6. Signs: Please refer to Article VI of the Zoning Ordinance.
H. Central Business District, CB
1. Purpose: The CB or Central Business district is established as a zone in which
the use of land is for commercial and service uses for an urban and rural market
area. In promoting the general purposes of this ordinance, the intent of this
district is:
A) To encourage the construction of and the continued use of the land for
downtown commercial and service uses;
B) To provide for the orderly expansion of such uses within the CB as
designated on the Zoning Map:
C) To prohibit heavy industry and other non -permitted or non -allowed
commercial activity into the CB district which would substantially
interfere with the continuation of the uses presently in the district or with
the orderly gro\\lh of the district to meet the needs of an increasing
population in the market area:
D) To encourage the discontinuation of existing uses which are in non-
conformance with the provisions of the district;
E) To permit a concentrated and intensive development of permitted uses
while maintaining a substantial relationship between the intensity of land
use and the capacity of utilities and streets to serve the CB district.
2. Permitted Uses: The following uses shall be permitted in the CB district subject
to the provisions of this article.
Off street automobile parking
Banks or financial institutions
Professional and business offices
Retail sales establishments
Parks
Dry cleaning and laundry pick-up stations
27

Publishing and printing establishments
Restaurants
Motels and hotels
Florist shops
Food stores
Indoor theaters
Laboratories
Churches
Automobile service stations
Repair shops (for radio. TV, small appliances, shoes, and the like)
Beauty shops
Barber shops
Health clubs
Public buildings
Antique shops
Radio and TV offices. studios. and broadcast areas
Funeral homes
Upholster}, shops
Single Family Site Built Residential Units
Accessory uses which are clearly incidental to a permitted use and which will not
create a nuisance or a hazard.
3. Conditional Uses: The following uses shall be permitted in the CB district if the
Town determines them not to be objectionable and if the landowner complies with
the various controls (conditions) required by the Board of Aldermen.
Laundry and dry cleaning establishments
Bed and Breakfast establishments (See Article IV for restrictions)
Guest houses
Taxi stands
Structures housing civic. charitable. political, fraternal, social and religious
organizations
Incineration facilities for funeral homes
Dwelling units contained within a business
Children's Day Care facilities (See Article IV for restrictions)
Uses requiring out door lighting
4. Lot, Yard, and Height Requirements:
Minimum Lot Size
Front Yard
Side Yard
(Mandatory only if structure does
Section 716).
Rear Yard
Maximum Building Height
None
None
8 ft.
not meet NC State Building Code
None
35 ft.
1 28

Where the rear of a lot abuts a residential district. there shall be a fifteen (15) foot
rear yard and where a lot abuts upon the side of a lot zoned residential there shall
be side yard of not less than ten (10) feet in width.
5. Off Street Parking: No off street parking is required in the CB district. No off
street loading space is required in the CB district.
6. Signs: Please refer to Article VI of the Zoning Ordinance.
7. Additional CB District Requirements:
A) Trash screening: An opaque buffer will be constructed around at least
three sides of all trash receptacles located in the CB District. The side not
enclosed must face away from pedestrians and neighboring property.
Acceptable material for a buffer placed around trash receptacles: solid
wooden fence. metal fence with vinyl slats woven through the metal mesh
or other material approved by the Board of Aldermen.
B) Lighting: The lighting in the CB District shall be as follows:
Lighting must be designed in such a way that it will have minimal effect
on adjoining property. Beams of light or light rays shall shine only upon
the premises or property intended to be lighted and shall not spill over the
property lines in any direction except by indirect reflection. This is to be
accomplished by the proper selection, placement and height of the fixtures.
A lighting plan for commercial uses in the CB district will be submitted to
the Planning Board for review and recommendation and final approval will
be by the Board of Aldermen. Intensive lighting plans will be considered
as a conditional use review requirement independent of the proposed use
of the lot. Municipal street lights may be installed as approved by the
Board of Aldermen.
C) Buffers required: (See Article IV for requirements)
I. Highway Business District, HB
1. Purpose: It is the purpose of the HB district to provide areas for the retailing of
durable goods, the provision of commercial services to developed areas, and the
provision of miscellaneous goods and services to transients. The specific intent of
this district is as follows:
A) To encourage the continued use of land for commercial establishments
which provide services to developed areas and transients;
B) To promote highway commercial activity in an appropriate location;
29

C) To allow for the provision of public services in an effective and
economically efficient manner.
2. Permitted Uses: The following uses shall be permitted in the HB district subject
to the provisions of this article.
All uses permitted in the CB district
Restaurants
Drive-in restaurants
Drive-in theaters
Greenhouses (commercial)
Warehouses
Wholesale merchants
Public utility storage or service yards
Building materials (sales R. storage)
Radio and TV transmitting stations and towers
Animal Hospitals
Hospitals
Motor freight terminals
Bus stations
Automobile sales, services. and body repair garages
Manufactured home. mobile home. and trailers sales and service establishments
Travel trailer campgrounds
Motorcycle sales and service establishments
Golf courses (miniature, driving ranges, par 3, etc.)
Single Family Site Built Residential Units
Accessory uses clearly incidental to a permitted use and which will not create a
nuisance or hazard.
3. Conditional Uses: The following uses may be permitted in the HB district if the
Town determines them not to be objectionable and if the landowner complies with
the various controls (conditions) required by the Board of Aldermen.
Bars (any establishment serving alcoholic beverages)
Billiard parlors or pool halls
Bowling alleys
Dance halls
Public amusements
Shopping Centers
4. Lot, Yard, and Height Requirements:
Minimum Lot Size 10,000 sq. ft.
Minimum Lot Width 60 ft.
Front Yard 25 ft.
30

(Within the first five (5) feet of an), street, road, highway right-of-way
there shall be no signs. parking or any other object over a height of two
(2) feet which may provide an obstruction to visibility from driveways or
parking lots).
Side Yard 10 ft.
(Where the side yard abuts a residential district, the side yard shall be at
least fifteen (15) feet).
Rear Yard 20 ft.
Maximum Building Height 35 ft.
5. Off Street Parking: Please refer to Article Vll of the Zoning Ordinance.
6. Signs: Please refer to Article VI of the Zoning Ordinance
7. Additional HB District Requirements:
A) Trash screen: An opaque buffer will be constructed around at the sides of
all trash receptacles located in the HB District. The barrier will obscure all
trash from off site properties. Acceptable material for a buffer placed
around trash receptacles includes: solid wooden fence, metal fence with
vinyl slats woven through the metal mesh or other material approved by
the Board of Aldermen.
B) Lighting: The lighting in the HB District shall be as follows:
Lighting must be designed in such a way that it will have minimal effect
on adjoining property. Beams of light or light rays shall shine only upon
the premises or property intended to be lighted and shall not spill over the
property lines in any direction except by indirect reflection. This is to be
accomplished by the proper selection, placement and height of the fixtures.
A lighting plan for commercial uses in the HB district will be submitted to
the Planning Board for review and recommendation and final approval will
be by the Board of Aldermen. Intensive lighting plans will be considered
as a conditional use review requirement independent of the proposed use
of the lot. Municipal street lights may be installed as approved by the
Board of Aldermen.
C) Buffers required: (See Article IV for requirements)
J. Industrial District, I
1. Purpose: It is the purpose of the Heavy Industrial District to provide for the
orderly separation of intense industrial uses from commercial and residential
development. This separation will help to avoid having people unnecessarily
exposed to nuisance and pollution factors.
31

2. Permitted Uses: The following uses shall be permitted in the I district subject to
the various provisions of this article.
Accessory uses incidental to the permitted use
Greenhouses
Public utilities (including substations)
Electronic data processing establishments
Manufacturing (textiles, clothing, scientific instrumentsand small machinery)
3. Conditional Uses: The following uses are permitted uses if the Town determines
them not to be objectionable and if .the land owner complies with the various
controls (conditions) required by the Board of Aldermen.
'
Accessory Building Uses: Clearly incidental to a conditional use, which will not
create a hazard and cannot be occupied or rented and must meet the
requirements of this district.
Agricultural Processing (fruit. tobacco, grains, vegetables)
Apparel and Drapery Manufacturing
Automobile repair and service
Auto parts manufacturing
Wholesale Businesses
Beverage Manufacturing
Boat Building and Repair
Bottling and canning
Brick and Clay Tile, Brick and Block Manufacturing
Communications, Electronic. Electrical Equipment Manufacturing
Heavy Equipment Manufacturing
Tools and Hardware Manufacturing
Electric Generating Plants
Electronic assembly, storage. and repair
Storage facilities
Storage yard for building materials
Off street parking facilities
Carpenter & cabinetry shops
Service stations
Engines and Turbine Manufacturing
Fabrication of Metal Products and Manufacturing
Farm Products Warehousing and Storage
Rugs, Carpet Manufacturing
Gum and Wood Chemicals Manufacturing
Sewage treatment plants
House and Office Furnishings and Equipment Manufacturing
Ice and Cold Storage Plants
Automobile junkyards
32

Kennels
Light Manufacturing (not otherwise named herein, provided no operations are
carried on or are likely to be carried on, which will be detrimental to the
health, safety, or general welfare of the community)
Motor Freight Garaging and Equipment Maintenance
Petroleum Bulk Stations and Terminals - Wholesale
Sawmills and Planning Mills
Textile Mills
Single Family Site Built Residential Units
4. Lot, Yard, and Height Requirements:
Minimum Lot Size
50,000 sq. ft.
Minimum Lot Width
100 ft.
Front Yard
40 ft.
Side Yard
20 ft.
Rear Yard
20 ft.
Maximum Building Height
3 stories
5. Off Street Parking: Conditional use permit requirements will include
stipulations on parking. If these stipulations are not included on a conditional use,
or if the use is permitted. then the provisions of this ordinance at Article VII must
be followed.
6. Signs: Please refer to Article VI of the Zoning Ordinance.
9. Additional 1 District Requirements:
A) An opaque buffer will be constructed around at least three sides of all trash
receptacles located in the I district. The side not enclosed must face away
from highways. pedestrians and neighboring property. Acceptable
material for a buffer placed around trash receptacles is as follows: solid
wooden fence. metal fence with vinyl slats woven through the metal mesh
or other material approved by the Board of Aldermen.
B) Lighting: The lighting in the I district shall be as follows:
Lighting must be designed in such a way that it will have minimal effect
on adjoining property. The light rays shall shine only upon the premises
and shall not spill over the property lines in any direction except by
indirect reflection. This is to be accomplished by the proper selection,
placement and height of the fixtures. The lighting plan will be approved
through the conditional use permit process and will be approved by the
Board of Aldermen.
C) Buffers required: (See Article IV for requirements)
33

K. Open Area/Recreation District, OAR
1. Purpose: It is the purpose of this district to protect wetlands and to prevent
development in areas of potential flood hazard, where such development would be
detrimental to both the natural and economic environment of the community. It is
also the purpose of this district to provide (public and private) passive and active
recreational opportunities to the public.
2. Permitted Uses: The following uses shall be permitted in the OAR District
subject to the various provisions of this article.
Accessory Uses to Permitted Uses (Cannot be occupied or rented, must meet the
requirements of the district.)
Accessory buildings 10' X 12' or smaller may be placed 6' from the rear and side
property line(s). Accessory buildings larger than 10' X 12' must be placed
15' from the rear and side property lines.
Swimming pools (all public. commercial, or private outdoor swimming pools of
three (3) feet or more in depth. either above or below ground, and of either
permanent or temporary construction) are an accessory use for this district;
provided, however, they must meet the following criteria: (1) The setback
for an above ground swimming pool from any lot line is equal to the
setback for accessory structures in the district in which it is located plus
one (1) foot for each foot over five (5) feet of pool height. (2) A fence
must be erected to a minimum height of six (6) feet tp completely enclose
all sides of the pool not bounded by a building. A gate of equal height
shall be installed and securely fastened when the pool is not in use.
Camping and Picnic Areas (no paving. no water or sewer attachments, no
permanent homes)
Historic Sites and Monuments
Nature Exhibits
Parks (provided there is no paving)
Playgrounds
Fish Hatcheries and Fish Farms (Aquaculture operations)
3. Conditional Uses: The following uses may be permitted in an OAR District if
the Town determines them not to be objectionable and if the land owner complies
with the various controls required by the Board of Aldermen.
Golf Courses, Golf Driving Ranges
Private Clubs
4. Lot, Yard and Height Requirements:
Minimum Lot Size 20,000 sq. ft.
Front Yard 30 ft.
34

Side Yard 12 ft.
Rear Yard 30 ft.
Maximum Building Height 35 ft.
5. Off Street Parking: Not Applicable
6. Signs: Please refer to Article VI of the Zoning Ordinance.
L. Planned Unit Development Overlay District, PUD
1. Purpose: The PUD District is established for the purpose of permitting greater
flexibility than would normally be allowed in a particular Residential District, in
the area, yard, space. height and density requirements for construction and
development of residential areas; and, therefore, to promote and encourage more
creative and imaginative site planning and design than would be possible if such
construction and development were in strict compliance; with the requirements for
the particular district. It is further the purpose of this district to promote more
economical and efficient use of land while providing a harmonious variety of
housing choices, a higher level of urban amenities, and preservation of the natural
scenic qualities of open space.
2. Permitted Uses: The PUD District may contain any use permitted in the OAR,
R-20, R-15. R-10. R-8, and R-6 districts subject to location and construction being
on strict compliance with required plans and permits.
3. Conditional Uses: None
4. Lot, Yard, and Height Requirements: See Design Standards
5. Design Standards:
a. Area Requirements - a gross land area of ten acres or more shall be
required for all PUD Districts.
b. Density Limitation - The maximum residential density shall be 20
dwelling units for any given residential area. Subject to this limitation,
average development density shall be chosen prior to application for re-
zoning and shall be designated on a Master Land Use Plan for the project.
C. Setback and Height - No building erected in any PUD District shall
exceed 35 feet in height. No building shall be erected, reconstructed,
altered, or moved within thirty-five feet of the property line such building
faces. No building shall encroach upon the right-of-way of a publicly
35 1

11
maintained street, a proposed thoroughfare shown in an officially adopted
thoroughfare plan. or a private vehicular or pedestrian way in common
ownership.
d. Building Separation - Within a PUD District the minimum required
separation between buildings shall be determined by the relationship
between the height of adjacent buildings and the horizontal distance
between vertical projections of such adjacent buildings.
For the purpose of this section a vertical projection is any part of any
exterior wall of a principal or accessory building, extending outward from
such exterior wall at an angle of less than 180 degrees, the horizontal
distance is equal to the distance, measured anywhere, between imaginary
lines drawn perpendicular to the ground and tangent to the outermost
points of vertical projections of adjacent buildings. The minimum
required separation between adjacent buildings is set out in the following
table.
MINIMUM REQUIRED SEPARATION
BETWEEN ADJACENT BUILDINGS
Minimum horizontal distance
Height of taller building between vertical proiections
20 feet or less 8 feet
between 20.1 and 25.0 feet 10 feet
between 25.1 and 30.0 feet 12 feet
between 30.1 and 35.0 feet 15 feet
e. Open Space - In any PUD District, a minimum of twenty percent of the
total land area shall be reserved as open space. Any area or segment of
land less than eight feet in width may not be included in calculating the
minimum open space reservation unless such land is clearly a part of an
open space system, such as a pedestrian walkway.
A minimum of twenty-five percent of the required open space shall be
developed for active recreational purposes, such as tennis courts, ball
fields, or playgrounds.
Provisions for continuous maintenance of open space, specifically
including that developed for active recreational purposes, shall be made by
the developer either through proposed dedication to the Town of
Richlands, if acceptable, or through the establishment of a private
homeowners association.
36

7.
8.
f. Transitional Use Area - In order to insure compatibility with adjoining
land uses and districts, a transitional use area, fifty feet in depth, shall be
established along with exterior property lines of any PUD District. Where
the exterior property lines of a PUD District are adjacent to Residential
uses, only residential uses may be permitted within the transitional use
area. Where the exterior property lines of a PUD District are adjacent to
CB, HB, or an I District, the transitional use area shall be a buffer zone
and shall meet the standards for buffer zones as defined by this ordinance.
Off street Parking: Please refer to Article VII of the Zoning Ordinance.
Signs: Please refer to Article VI of the Zoning Ordinance.
Master Land Use Plan Requirement:
a. Purpose - The PUD's Master Land Use Plan (LUP, herein) is intended to
be the primary supporting proof, and shall demonstrate, when considered
in its entirety or by its separate components (if the proposed PUD District
is established and developed), that the purposes of this Ordinance and the
purposes of this Section are met.
b. Criteria for Review by the Planning Board and the Board of
Aldermen - In reviewing the PUD's LUP and making recommendations
thereon, the Planning Board and Board of Aldermen shall consider and be
guided by the following criteria:
l) the compatibility of the proposed project with the surrounding
districts and land uses;
2) the effectiveness of the proposed project in providing more
economical and efficient use of land; -
3) the effect of the proposed project on the ability of the Town and
count, to provide public facilities or services;
4) the effectiveness of the proposed project in providing and
preserving open space, the scenic quality of the site, and
recreational opportunities;
5) the degree to which the project will provide a more desirable
development and living environment than would be possible under
conventional District requirements.
C. Contents - In addition to the information required in the application for re-
zoning, the PUD's LUP shall include the following:
l) a map, drawn to a scale no less than one inch to 40 feet, showing
the approximate location, size, and arrangement of existing and
proposed:
open space areas, active and passive recreational areas;
37

' buffer zones and transitional use areas;
neighboring land uses and zoning districts;
systems and easements for water, sewers, and drainage;
streets. sidewalks, and parking lots;
vehicular and pedestrian circulation systems;
access for emergency vehicles and refuse collection
equipment;
structures, building. roads, easements, and land uses;
order of development of areas to be developed in sequential
order;
vegetation, including wetlands;
nonresidential land uses, buildings, and structures;
all single and/or multi -family dwelling units.
1 2) a copy of any declarations to be recorded under the "Unit
Ownership Act";
3) any covenants creating a homeowner's association;
4) plans for the construction and location of water distribution and
sewage disposal systems and certification, as may be required, from
appropriate governmental agencies that such plans comply with
' applicable Federal, State. County, or Town statutes and regulations.
9. Procedural Requirements for Establishment of PUD Districts and
Development of PUD Projects:
a. Approval of Master Land Use Plan (LUP) and Re -zoning Application
' A PUD District may be established only after amendment to the Official
Zoning Map under the same procedural requirements and standards of
review as any other re -zoning application; provided, however, that the
1 following additional standards and procedures shall apply to PUD District
applications:
' 1) Twelve (12) copies of a Master Land Use Plan, as described above
shall be submitted to the Planning Board with the re -zoning
' application;
2) The Planning Board, after review of the LUP and application, shall
submit its recommendation to the Board of Aldermen;
3) The Board of Aldermen shall, after consideration of the
application. the LUP, the recommendations of the Planning Board,
and the criteria set out in the Sections above either approve or
disapprove the plan and application.
1 38

10.
b. Approval of Site Plan and Issuance of Building Permits - No
construction. excavation, or clearing shall be commenced, or any Building
Permit issued within any PUD District which -does not conform to an
approved Site Plan. The procedures for approval of a Site Plan are as
follows:
1) The Site Plan shall be submitted to the Planning Board for its
review and recommendation within 90 days after the Board of
Aldermen's approval of the LUP and amendment to the Official
Zoning Map;
2) The Planning Board. after review of the Site Plan in accord with
the purposes and standards shall submit its recommendation to the
Board of Aldermen.
3) The Board of Aldermen. after consideration of the Site Plan, the
recommendations of the Planning Board, and the purposes and
standards of this Ordinance shall either approve or disapprove the
Site Plan.
C. Authority to Impose Conditions and Modify LUP or Site Plan- In order
to promote the purposes of this Ordinance and Section, the Board of
Aldermen is authorized to impose such reasonable conditions, make
reasonable modifications. or require additional' information that it may
reasonably need. prior to approval of any LUP or Site Plan.
Site Plan:
a. Purpose - A Site Plan is intended to insure that a proposed PUD
development is actually constructed and developed in accordance with the
approved LUP.
b. Criteria for Review by Planning Board and Board of Aldermen- In
reviewing a Site Plan. the Planning Board and Town shall consider and be
guided by the following criteria:
1) The degree to which the proposed Site Plan actually implements
the LUP;
2) The effectiveness of the proposed Site Plan in meeting the
established criteria;
3) The effectiveness of the proposed Site Plan in promoting the
purposes of this ordinance and section.
C. Contents and Forms - Site Plans, or any portion thereof, shall be;
l ) drawn to a scale no less than one inch equals 40 feet;
2) prepared and certified by a registered architect, landscape architect,
engineer. or land surveyor;
,9

3) drawn accurately enough to permit any point on the plan to be
readily identified on the ground. Eight copies of a Site Plan shall
be submitted to the Planning Board, each of which shall show the
following;
11. General Requirements:
The boundary of the property by courses and distances, area, and present
zoning of the tract.
The names and abutting recorded subdivisions, and owner and present use
of all abutting property.
Widths and names of abutting streets and alleys.
All dimensions, both linear and angular, for locating boundaries of the
tract, lots, streets. alleys, public easements, and private easements.
Date, north arrow. scale, number of sheets.
Name and address of the owner or owners of the tract and the name of the
applicant.
All building restriction lines, highway setback lines, easements, covenants,
reservations, and rights -of -way.
Existing topography with a maximum of two -foot contour intervals.
Wetlands areas delineation.
Soil types and geology of the site.
Name, address, signature, and registration number of the professional
preparing the plan.
12. Existing Improvements and Features:
Sidewalks, streets. alleys, and easements.
Buildings and structures.
Driveways, entrances, exits, parking areas, and loading spaces.
Sanitary sewer systems.
Water mains and fire hydrants.
Gas, power, cable TV and telephone lines.
Recreation areas.
Storm drainage systems to include natural and artificial water courses.
Limits of flood plains.
13. Proposed Improvements:
40

All proposed streets and alleys and the boundaries of all other portions
intended to be dedicated to public use.
Buildings and structures to include:
a. distance between buildings (to scale)
b. number of stories
C. number of dwelling units
d. height of buildings
Driveways, entrances, exits, parking areas, and loading spaces including
the total number of parking and loading spaces.
Sanitary sewer systems.
Water mains and fire hydrants.
Gas, power, cable TV, and telephone lines.
Landscaping.
Recreation and open space areas.
Plans for collecting and depositing storm water and the method of
treatment of natural and artificial water courses including the delineation
of any proposed limits of flood plains.
Proposed grading schedule, including time of the year when grading will
be in progress.
Finish grading with a maximum of two -foot contour intervals.
Location of refuse disposal facilities and type.
14. Required Improvements:
Designation of pedestrian walkways.
Construction of vehicular traffic lanes or driveways which will permit
vehicular travel on the site and to and from adjacent parking areas and
adjacent property.
Connection wherever possible of all walkways, travel lanes, and driveways
with similar facilities in adjacent developments.
Screening. fences. wall. curbs and gutters, buffer zones, as required by the
Town or by the State Highway Commission.
Easements of rights -of -way for all facilities to be publicly maintained,
provided that each easement shall be clearly defined for the intended
purpose.
Extension or construction of service roads and access thereto on site
bordering a state primary highway.
Dedication or reservation of land for streets and service roads and the
construction thereon.
41

L
Article IV. Administration
A. Added Requirements: The following requirements qualify or supplement, as the case
may be, the zone regulations or requirements appearing elsewhere in this ordinance:
1. Class C manufactured homes are not allowed in any zoning district for any use.
2. Public or semi-public buildings, hospitals, sanatoriums, schools and churches or
temples, where permitted in a zone, may be erected to a height not exceeding 3
stories (35 feet).
3. Chimneys, water tanks or towers, penthouses, scenery lofts, elevator bulkheads,
stacks, ornamental to%-.-ers or spires. wireless or broadcasting towers, or
monuments, cupolas, domes, false mansards, parapet walls, similar structures, and
necessary mechanical appurtenances may be erected to a height in accordance
with existing or hereafter adopted ordinances.
4. Every part of a required yard shall be open from its lowest point to the sky
unobstructed.
5. There shall be erected only one principle building and its accessory buildings on
one lot except in the following:
i. Any bona -fide farni:
ii. Manufactured home parks (in R-6MH and RA-20MH districts) are a
conditional use and must have an approved site plan.
iii. Planned Unit Development projects.
6. No building, structure or use of land other than agriculture purposes shall be
established on a lot which does not abut a dedicated public street or have a
dedicated and recorded easement for ingress and egress.
7. Special Conditions for Children's Day Care Facilities: The following specific
provisions shall be met as minimum standards prior to the approval of any
children's day care facility as a conditional use in a residentially zoned area:
The minimum lot size for the facility shall be fourteen thousand (14,000)
square feet.
Building setback (minimum) from any public or private street shall be
thirty (30) feet.
42

Rear yard setback (minimum) shall be thirty-five (35) feet.
Side yard setback (minimum) shall be twenty (20) feet.
Corner lot setback (minimum) from interior lot lines shall be twenty (20)
feet.
Minimum distance to another children's day care facility, whether
conforming or non -conforming. shall be two thousand five hundred
(2,500) feet.
The minimum number of paved off-street parking spaces shall be two (2)
with one (1) additional space added for each employee.
There shall be a paved off-street loading and unloading area for use at the
child care facility. This space shall be in addition to the minimum paved
off-street parking areas. Each facility must have sufficient paved driveway
to accommodate at least two (2) autos at one time for the purpose of
loading and unloading passengers.
All children's outside play areas shall be enclosed with a fence. The fence
must be at least six (6) feet high.
8. Standards for Bed and Breakfast Establishments:
i. Dwelling cannot provide more than three bedrooms for overnight
guests.
ii. One parking space per guest room be provided off the street
addition to two off street parking spaces for the principal
occupants. The parking area must not encroach beyond the side,
and rear set back lines of the zoning district.
iii. The use shall conform to the sign ordinance.
iv. No pulsating. flashing. oscillating, or other types of attention
getting devices shall be permitted.
V. No outdoor activities other than those associated with the normal
activities of a single family home are permitted.
vi. The use must annually meet the health standards of the State and
County Government and proof will be presented to the Zoning
Administrator.
vii. The dwelling must be the primary residence of the owner.
viii. A buffer of vegetation which will grow to a height of four feet
must surround the parking area on three sides.
9. Special Conditions for Bars, Billiard or Pool Rooms, Bowling Alleys, Dance
Halls, and other Public Amusement Facilities: The following specific provisions
shall be met as minimum standards prior to the approval of any bar, billiard or
43

F
pool room, bowling alley, dance hall, or other form of public amusement facility
as a conditional use.
'
The minimum lot size for the facility shall be fourteen thousand (14,000)
square feet.
'
Building setback (minimum) from any public or private street shall be
'
thirty (30) feet.
Rear and setback minimum shall be thirty-five 35 feet.
Y (minimum) rh' ( )
'
Side yard setback (minimum) shall be twenty (20) feet.
' Corner lot setback (minimum) from interior lot lines shall be twenty (20)
feet.
' Minimum distance to another bar, billiard or pool room, bowling alley,
dance hall, and other form of public amusement facility, whether
conforming or non -conforming. shall be one thousand (1,000) feet.
' Minimum distance to any church or kindergarten, primary or secondary
school, whether public or private, and whether conforming or non-
conforming. shall be one thousand (1,000) feet.
Minimum distance to any residential zoning district shall be one hundred
t(100) feet.
Minimum paved off-street parking spaces for public amusement type
conditional use applications, as described in this section, will use the
section of this ordinance at ARTICLE VII., as guidance. More stringent
requirements may be required on conditional use applications as deemed
necessary.
Minimum paved off-street loading and unloading spaces for public
amusement types conditional use applications, as described in this section,
will use the section of this ordinance at ARTICLE VII., as guidance. More
stringent requirements may be required on conditional use applications as
deemed necessary.
tB. Special Gameroom Requirements
Definitions:
' a) A Game Room - For the purpose of this article shall be any place of business
that principally operates mechanical game or pay devices or tables for which
' charge is made either directly or indirectly.
1
44

2.
3.
4
b) Examples of Game Rooms - by way of illustration and not limitation, game
rooms are poolrooms, bowling alleys, billiard halls, amusement centers and
the like. Businesses other than those which principally employ mechanical
games or pay devised or table for which a charge is made, may be subject to
the provisions of this application, if it is determined by the Board of Aldermen
that pay devised, tables and/or games are on the premises, and that the
establishment has an equal potential to game rooms to become disruptive and
that the actual disruption caused by the business establishment can only be
controlled through the applications of the provisions of this Ordinance.
c) Mechanical, electronic or other play -for money tables or machines shall
include, but not be limited to, pool tables, video games, pin ball machines and
arcades of all types.
d) Operate or Offer for Operation - Shall mean a table or machine placed in a
business establishment for use by the general public or any subgroup of the
general public greater than the ownership of the establishment and for which a
charge is generally made or collected.
Licenses Required
a) In addition, every operator of a game room shall apply for and obtain a license
from the Town Board to operate a game room. Application for such a license
shall be made upon forms provided by the Town Clerk. Every license issued
pursuant to this Ordinance shall specify the premises for which it is issued, the
number of tables of alleys to be operated thereunder, the name of the owner or
operator, and the dates upon which the license begins and shall expire. Such
license shall be posted in a prominent place on the premises at all times.
b) It shall be unlawful to operate a game room within the Town without a license
as required by Subsection (a).
Restrictions
The Town Board shall not issue a license to any applicant who:
a) Has been convicted of unlawfully selling intoxicating liquors of narcotic
drugs; or
b) Is not a resident of North Carolina; or
c) Is a habitual user of alcoholic beverages or narcotic drugs.
Prohibited Conduct
45

I
5.
I
Licensees under this Section shall not. and neither shall their employees:
a) Suffer or permit any gambling on the licensed premises at any time; nor the
sale or use of racing. football, or other parlay cards or gambling boards or
devised;
b) Suffer or permit the license premises to become disorderly; or permit any
profane, obscene, or indecent language thereon;
c) Employ in carrying on the business any person who has been convicted of
unlawfully selling alcoholic beverages or narcotic drugs;
d) Suffer or permit any narcotic drugs to be sold or kept or consumed on the
license premises;
e) Suffer or permit any keeley board. keno board, or any other such board or
device to be attached to. or placed on any tables.
Rules for Operation of Game Rooms
All operators of game rooms within the Town shall observe the following rules:
a) All game rooms shall close at 2:30 AM each morning. Monday through
Saturday, and no person other than the owner, operator, or employees shall be
permitted on the premises form that hour until 7:00 AM of that morning. All
game rooms shall close at 2:30 AM each Sunday morning and no person other
than the owner. operator or employees shall be permitted on the premises from
that hour until 12:00 Noon on Sunday.
b) No play shall be allowed on any game during the hours a game room is closed
pursuant to Subsection (a) above;
c) All game rooms shall be operated only on the ground floor of a building, and
plate glass windows shall be in those parts of the building facing any street, so
that a clear view inside may be easily had from the street. Total area of plate
glass window shall be at least 20 square feet;
d) No screens, curtains, blinds, partitions, or other obstructions shall be placed
between the entrance to the room where games are played and the rear wall of
such room so that a clear view of the interior may be had from the street;
e) No loud noises, as prescribed by Title 8, Chapter 8 of the Richlands Code of
Ordinances, shall be allowed to emanate beyond the licenses premises;
46

f) There must be an adult (18 years of age or older) managing the business on the
premises during hours of operation at all times;
g) No partitions forming rooms, stalls, or other enclosures where the public
congregates shall be permitted, provided, this shall not be construed so as to
prohibit the maintenance of closets used exclusively for storage purposes, or
of toilets;
h) There shall not be permitted or maintained any open or secret connections
through doors, windows, trap doors, hidden doors, panels, stairways, or other
devices with any place where gambling is conducted or where persons meet or
congregate for immoral purposes.
6. Revocation of License
After giving the operator of a game room adequate notice and an opportunity to be
heard, the Town Board may revoke the license of any game room operator who
a) Violates the provisions of Section 4 or Section 5; or
b) Is convicted of unlawfully selling alcoholic beverages or narcotic drugs.
7. Penalties
In the event of a violation of any section of this Ordinance, one or more of the
following procedures shall be followed:
a) The individual or individuals in violation of this Ordinance shall be given a
citation by Town law enforcement officers. The civil penalty shall be $25.00.
b) The establishment owner shall be given a citation if the operator of any game
room is in violation of this Ordinance. The civil penalty shall be $50.00 per
violation cited hereunder.
c) Any individual obstructing or attempting to prevent the enforcement of this
Ordinance shall be cited as for any other interference with a law enforcement
officer in the performance of his duties.
d) Repeated violations of this Ordinance shall invoke the provisions of this
Ordinance to the effect that the business establishment may be closed
simultaneously with the revocation of the license to operate within the Town
limits.
C. Buffers Where a commercial and/or industrial district, lot or use abuts a lot in a
residential district or land occupied by a pre-existing residential use permitted by this ordinance a
continuous unbroken visual buffer is required. Once erected, a buffer shall be properly
47

fl
maintained. The construction and maintenance of a buffer shall be the responsibility of the
P ty
landowner. Buffers required by this ordinance shall meet the following minimum criteria:
A buffer shall be a six (6) foot high attractive blind barrier which shall not permit the
' passage of light from one side to the other and which will also damper noise where
needed. The barrier may be decorative masonry wall, wooden fence, a fence with
evergreen vegetation planted facing the adjoining property, or the like. A compact
evergreen hedge or other type of evergreen foliage screening can be used in lieu of a
fence. Evergreen hedge or foliage must be of a thickness and variety to provide a visual
block of commercial operations from the residential property.
D. Conditional Uses
'
1. Purpose: The development and execution of this ordinance is based upon the
division of the community into districts within which districts the use of land and
buildings and structures in relation to the land, are substantially uniform. It is
recognized, however. that there are certain uses which, because of their unique
characteristics cannot be properly classified in any particular district or districts,
without consideration. in each case. of the impact of those uses upon neighboring
land and of the public need for the particular use in the particular location. Such
conditional uses fall into two (2) categories:
i. Uses publicly operated or traditionally affected with a public interest.
' ii. Uses entirely private in character. but of such a nature that their existence
or operation may give rise to unique problems with respect to their impact
upon neighboring property or public facilities.
' 2. Initiation of Conditional Uses: Any person having a freehold interest in land, or
a possessory interest entitled to exclusive possession, or a contractual interest
which may become a freehold interest or an exclusive possessory interest, and
which is specifically enforceable, may file an application to use such land for one
or more of the conditional uses provided for in this Ordinance in the zoning
district in which land is located.
3. Application for Conditional Use: An application for a conditional use shall be
' filed with the Zoning Administrator on a form prescribed by the Zoning
Administrator. The application shall be accompanied by such plans and/or data
' prescribed by the Planning Board and shall include a statement in writing by the
applicant and adequate evidence showing that the proposed conditional use will
conform to the standards set forth below hereinafter. Such application shall be
' forwarded from the Zoning Administrator to the Planning Board with a request for
review of said application and accompanying data and submission of a written
recommendation thereon to the Board of Aldermen.
1
48

4. Hearing on Application: Upon receipt in proper form of the written
recommendations referred to above, the Board of Aldermen shall hold at least one
public hearing on the proposed conditional use.
5. Authorization: For each application for a conditional use, the Planning Board
shall report to the Aldermen its findings and recommendations, including the
stipulation of additional conditions and guarantees that such conditions will be
complied with when the), are deemed necessary for the protection of the public
interest. If an applicant for a proposed conditional use is not approved by the
Board of Aldermen within ninety (90) days of the date upon which such
application is received by the Board of Aldermen, it shall be deemed to have been
denied.
6. Standards: No conditional use shall be recommended by the Planning Board
unless such Board shall find:
i. That the establishment, maintenance, or operation of the conditional use
will not be detrimental to or endanger the public health, safety, morals,
comfort, or general welfare.
ii. That the conditional use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purposes already
permitted. nor substantially diminish and impair property values within the
neighborhood.
49

iii. That the establishment of the conditional use will not impede the normal
and orderly development and improvement of the surrounding property for
uses permitted in the district.
iv. That the exterior architectural appeal and functional plan of any proposed
structure will not be so at variance with either the exterior architectural
appeal and functional plan of the structures already constructed or in the
course of construction in the immediate neighborhood or the character of
the applicable district, as to cause a substantial depreciation in the property
values within the neighborhood.
'
V. That adequate utilities, access roads, drainage and/or necessary facilities
have been or are being provided.
vi. That adequate measures have been or will be taken to provide ingress and
egress so designed as to minimize traffic congestion in the public streets,
'
and
vii. That the conditional use shall, in all other respects, conform to the
'
applicable regulations of the district in which it is located, except as such
regulations may. in each instance, be modified by the Board of Aldermen
pursuant to the recommendations of the Planning Board.
'
7. Conditions and Guarantees: Prior to the granting of any conditional use, the
Planning Board may recommend, and the Board of Aldermen may stipulate, such
conditions and restrictions upon the establishment, location, construction,
maintenance, and operation of the conditional use as is deemed necessary for the
protection of the public interest and to secure compliance with the standards and
requirements specified above. In all cases in which conditional uses are granted,
the Board of Aldermen shall require such evidence and guarantees as it may deem
'
necessary as proof that the conditions stipulated in connection therewith are being
and will be complied with.
E. Non -Conforming Uses
1. Definitions:
i. Nonconforming Situation
A situation that occurs when, on the effective date of this ordinance or any
'
amendment to it. an existing lot or structure or use of an exisitng lot or
structure does not conform to one or more of the regulations applicable to
the district in which the lot or structure is located. Among other
possibilities, a nonconforming situation may arise because a lot does not
meet minimum acreage requirements, because structures do not satisfy
maximum height or minimum floor -space limitations, because the
1
50

relationship between exisitng buildings and the land (in such matters as
density and setback requirements) is not in conformity with the ordinance,
or because land or builidngs are used for purposes made unlawful by the
ordinance.
ii. Nonconforming Use
A nonconforming situation that occurs when property is used for a purpose
or in a manner made unlawful by the use regulations appliable to the
district in which the property is located. "For example, a commercial
office building in a residiential district may be a nonconforming use.) The
term also refers to the activity that constitutes the use made of the
property. (For example, all the activity associated with running a bakery
in a residentially zoned area is a nonconforming use.)
iii. Dimensional Nonconformity
A nonconforming situation that occurs when the height, size, or minimum
floor space of a structure or the relationship between an existing building
or buiildings and other buidlings or lot lines does not conform to the
regulations applicable to the district in which the.property is located.
iv. Nonconforming Lot
A lot existing at the effective date of this ordinance or any amendment to it
(and not created for the purpose of evading the restricitions of this
ordinance) that cannot meet the minimum area or lot -width requirements
of the district in which the lot is located.
V. Nonconforming Project
Any structure, development, or undertaking that is incomplete at the
effective date of this ordinance and would be inconsistent with any
regulation applicable to the district in which it is located if commpleted as
proposed or planned.
vi. Expenditure
A sum of money paid out in return for some benefit or to fulfill some
obligation. Whenever the term is used hereafter, it also includes binding,
contractual commitments to make future expenditures, as well as any other
substantial changes in position.
2. Substandard Lots of Record and Structures
Any lot of record or structure existing at the time of the adoption of this ordinance, which has
dimensions which do not meet the requirements of this ordinance, shall be subject to the
following exceptions and modifications:
i. Adjoining Lots
51

'
When two or more adjoining lots with continuous frontage are in one
ownership at any time after the adoption of this ordinance, and such lots
'
individually are less than the minimum width required in the district in
which they are located, then such group of lots shall be considered as a
single lot or several lots of minimum permitted area and width for the
'
district in which located.
'
ii. Lot Not Meeting Minimum Lot Size Requirements
Except as set forth in (i) above, in any district in which single family
dwellings are permitted, an lot of record existing at the time of the
adoption of these regulations which has dimensions which are less than
required by these regulations may be used as a building site for a single
family dwelling providing the lot area and width are not less than eighty
(80) percent of the requirements in the district. If the lot is smaller or
narrower, a variance may be requested of the Board of Adjustment.
iii. Yard Requirements Modified
Except as set forth in (i) above, where a lot has width or depth less than
required in the district to which it is located, the Zoning Enforcement
'
Officer shall be authorized to reduce the yard requirements for such lot by
not more than twenty (20) percent. Additional or other forms of yard
modification may be permitted with a variance granted by the Board of
Adjustment.
3. Extension or Enlargement of Nonconforming Situations
i. Except as specifically provided in this subsection, it shall be unlawful for
any person to engage in any activity that causes an increase in the extent of
nonconformity of a nonconforming situation.
ii. Subject to paragraph (iv) of this subsection, a nonconforming use may be
' extended throughout any portion of a completed building that, when the
use was made nonconforming by this ordinance, was manifestly designed
or arranged to accommodate such use. However, subject to subsection 4
' of this section a nonconforming use may not be extended to additional
buildings or to land outside the original building.
iii. A nonconforming use of open land may not be extended to cover more
land than was occupied by that use when it became nonconforming, except
a use that involves the removal of natural materials form the lot (e.g., a
' quarry) may be expanded to the boundaries of the lot where the use was
established at the time it became nonconforming, if 10 percent or more of
the earth products had already been removed at the effective date of this
' ordinance.
1
52

iv. The volume, intensity, or frequency of use of property where a
nonconforming situation exists may be increased and equipment and
processes used a t a location where a nonconforming situation exists may
be changed if these or similar changes amount only to changes in the
degree of activity rather than changes in kind and no violations of other
paragraphs of this subsection occur.
IM
vi
Physical alteration of structures or the placement of new structures on
open land are unlawful if they result in:
a. An increase in the total amount of space devoted to a
nonconforming use;
b. Greater nonconformity with respect to dimensional restrictions
such as yard requirements, height limitations , or density
requirements; or
The enclosure of previously unenclosed area, when those areas
were previously used in connection with the nonconforming
activity. An area is unenclosed unless at lest 75 percent of the
perimeter of the area is marked by a permanently constructed wall
or fence.
I
Minor repairs to a routine maintenance of property where nonconforming 1
situations exist are permitted and encouraged.
vii. Any sick built house. when used for residential purposes in any zone, and
maintained as a nonconforming use, may be enlarged, repaired, improved
or replaced with a similar structure of a larger size, so long as the
replacement does not create new nonconformities or increase the extent of
existing nonconformities with respect to yard size and setback
requirements.
With the following exceptions, manufactured homes on single lots used as
residences in any zone may be replaced by Class A or B manufactured
homes of a larger size than the original, or by a stick built structure, as
long as the replacement does not create new nonconformities or increase
the extent of exisitng nonconformities with respect to yard size and
setback requirements. These exceptions are:
a. Manufactured homes on individual lots in the central business
district (CB) may not be replaced by another manufactured home of
any class.
b. Manufactured homes on individual lots in the R10 district may only
be replaced by Class A manufactured homes on permanent
53

I
1
11
foundations with brick or masonry underpinning (or by a stick built
structure).
viii. The lawful use of a "building" existing at the time of the passage of this
ordinance or an amendment to this ordinance shall not be affected by this
ordinance, although such use does not conform to the provisions of this
ordinance; and such use may be extended throughout the building,
provided no structural alterations, except those required by law or
ordinance or ordered by an authorized officer to secure the safety of the
building, are made therein. but no such use shall be extended to occupy
any land outside such building. If such non -conforming building is
removed or the non -conforming use of such building is discontinued for a
continuous period of not less than one hundred and twenty (120) days,
every subsequent use of such premises shall be in conformity with the
provisions of this ordinance.
ix. The lawful use of "land" existing at the time of the passage of this
ordinance, although such use does not conform to the provisions of this
ordinance, shall not be affected by this ordinance; provided, however, that
no such non -conforming use shall be enlarged or increased, nor shall any
non -conforming use be extended to occupy a greater area of land than that
occupied by such use at the time of the passage of this ordinance. If such
non -conforming use is discontinued for a continuous period of not less
than one hundred and twenty (l 20) days, any future use of said land shall
be in conformity with the provisions of this ordinance.
4. Change in kind of non -conforming use:
i. A non -conforming use may be changed to a conforming use. Thereafter,
the property may not revert to a non -conforming use.
ii. A non -conforming use may be changed to another non -conforming use
only in accordance with a use permit issued by the Board of Adjustment.
The Board shall issue such a permit if it finds that the proposed use will be
more compatible with the surrounding neighborhood than the use or
combination of uses in operation at the time the permit is applied for.
In permitting such change, the Board of Adjustment may require
appropriate conditions and safeguards in accordance with the provisions of
this ordinance.
5. Minimum Single Lot Requirements: Where the owner of a lot at the time of the
adoption of this ordinance or his successor in title thereto does not own sufficient
land to enable him to conform to the dimensional requirements of this ordinance,
such lot may be used as a building site for a single-family residence in a district in
54

F.
which residences are permitted; provided, that the yard dimensions and
requirements other than those applying to area or width or both shall not be
reduced below the minimum specified in this ordinance and further provided if a
septic tank is used that the Onslow Count), Health Department has approved the
dimensional requirements reduction. Variance from dimensional requirements
other than those related to lot width and area shall only be granted by the Board of
Adjustment in consideration of appeals from the decision of the Zoning
Enforcement Officer and, when applicable, if the Onslow County Health
Department submits a letter of approval.
7. Minimum Multi -Lot Requirements: If two or more adjoining and vacant lots on
record are in a single ownership at any time after the adoption of this ordinance,
such lots shall be considered as a single lot or several lots which meet the
minimum requirements of this ordinance for the district in which such lots are
located. No portion of said parcel shall be used or sold which does not meet the
area and width requirements established by this ordinance nor shall any division
of the parcel be made which leaves an), lot remaining with width or area below the
requirements of this ordinance.
8. Any non -conforming structure or any structure containing a non -conforming use is
damaged, destroyed or becomes deteriorated to an extent greater than fifty (50)
percent of its replacement cost at the time of damage or discovery of deterioration,
the structure may not be repaired for or to a nonconforming use. The only
exception to the fifty (50) percent damage clause will be single family dwelling
units, including manufactured homes, except Class C manufactured homes, on
lots of record at the time of the adoption of this ordinance. Manufactured homes,
except Class C manufactured homes, may be replaced if damaged to any degree
within certain time requirements. as described herein.
Manufactured Home Park Approval Process
Manufactured home park regulations are established to encourage well planned attractive
land development in the Town of Richlands by providing fair standards and beneficial
requirements for the sitting, operation, and maintenance of manufactured homes.
1. Application to construct a manufactured home park
Manufactured home parks must follow the conditional use permit process for
approval. This process is in Article IV, Section B.
i. Application: Prior to the construction of a manufactured home park, the
builder shall make application to the Zoning Administrator for a permit to
construct such a park. The application shall include a plan of the proposed
park, which shall be reviewed by the Planning Board for compliance with
55

the requirements . of this Ordinance before making a written
recommendation to the Board of Aldermen.
ii. Required Information: The following information shall be submitted
'
with the application for a permit to construct a manufactured home park:
1) A complete site plan of the park, showing streets, driveways,
'
walkways. recreation areas, manufactured home spaces, vehicular
parking spaces, buildings, street lighting, and the location and types
of screening, fences, hedges, or buffers.
'
2) Plans of proposed layouts and connections for sewers, water, storm
drainage, and other utilities.
3) Where public water or public sewage is not available, a written
statement from the Onslow County Health Department indicating
that the park has sufficient land area and adequate soil conditions
to accommodate the proposed water supply and sewage disposal
systems.
r4)
The name of the park, names and addresses of the owner or
owners, and the designer of the park.
5) A vicinity map showing the location of the manufactured home
park in relation to other existing land uses within the general area.
2. Manufactured home park site requirements
Manufactured home parks are a conditional use in Richlands. Special conditions
or site requirements therefore may be added for manufactured home parks.
i. Manufactured home park site: All manufactured home parks shall be
located on a site of not less than four (4) acres.
' ii. Manufactured home space: The minimum manufactured home space in
a manufactured home park shall be 4,000 square feet. Manufactured
homes shall be placed on these spaces so that there shall be at least twenty
(20) feet side clearance and twenty (20) feet end clearance between units.
Furthermore, no manufactured home or building used in conjunction with
a manufactured home park shall be located closer than twenty-five (25)
feet to any adjoining property line. Not more than one manufactured home
per lot is allowed.
iii. Access: All manufactured home spaces shall abut upon a driveway of not
less than forty (40) feet in right-of-way width. Such driveways shall have
' unobstructed access to a public street or highway. All driveways shall be
1 56

3.
hard surfaces and the minimum width of such driveways shall be well
marked and lighted in the manufactured home parks. All manufactured
home lots must enter and exit the park through the use of the interior road
network of the park. No direct access to public roads from a lot shall be
allowed.
iv. Off-street parking: At least two (2) off-street parking spaces shall be
constructed and maintained for each manufactured home space and shall
be located so as not to interfere with the movement of vehicles on streets
or access drives. Each parking space shall be at least ten (10) feet by
twenty (20) feet in dimensions and may be included within the 4,000
square feet required for each space.
V. Recreation space: At least two hundred (200) square feet of usable land
per manufactured home space shall be reserved by the manufactured home
park owner for play or recreation usage and aggregated in suitable
locations.
vi. Curtaining: All manufactured homes shall be curtained around their base
and this shall extend around their entire circumference. This curtain wall
shall be either brick. masonry or vinyl siding material.
Utility and garbage disposal requirements
i. Water supply: Every manufactured home shall be provided with a supply
of water for domestic purposes from a source approved by the Onslow
County Health Department.
ii. Sewage disposal: Every manufactured home shall be provided with an
adequate sewage disposal system by connection to a public sewage system
or a septic tank system constructed in compliance with State regulations
and approved by the Onslow County Health Department.
iii. Garbage disposal: All garbage and refuse in every manufactured home
park, after removal from the manufactured home, shall be stored in
suitable watertight and flytight metal or heavy duty plastic receptacles
which shall be covered with fitted lids and enclosed in an animal proof
rack. The manufactured home park owners or operators shall be
responsible for the sanitary disposal of all refuse.
iii. Buffer zone: An evergreen vegetation and fence buffer at least six (6) feet
high and three (3) feet wide shall be constructed and maintained around
the entire perimeter of the manufactured home park with the exception of
the points of ingress and egress.
57

G.
H.
I.
Temporary Uses
1. Mobile Offices: Mobile offices may be used on a temporary basis for such
purposes as construction offices, blood mobiles, book mobiles, and traveling
museums. However, such uses must obtain a temporary occupancy permit from
the Zoning Administrator if the use is to last more than forty-eight (48) hours at
one site.
Mobile offices may also be used for other office or business purposes in cases
where the permanent structure has been destroyed through no fault of the owner or
tenant. A temporary occupancy permit must be obtained before the use of the
mobile office is initiated. This occupancy permit shall be valid for a specified
period of time while reconstruction takes place. Temporary permits of this type
will not exceed six (6) months and may be renewed no more than once.
2. Mobile Homes: Temporary use of a mobile home as a residence shall be
permitted in any residential district in cases where the permanent home has been
destroyed through no fault of the owner or tenant. A temporary occupancy permit
must be obtained from the Zoning Administrator before the use of the mobile
home is initiated. This occupancy permit shall be valid for a specified period f
time not to exceed six (6) months while reconstruction takes place and may be
renewed no more than once.
Dwellings as Accessory Uses
Dwellings may be accessory uses in residential districts if located inside the principal
home or if detached as a garage apartment and only if used as a residence by household
service staff or relatives and no rent is charged. Manufactured homes shall not be used as
accessory residences in any residential district.
Dwellings may be accessory uses in the Central Business District if located inside the
principal building.
Retail Sales and Services as Accessory Uses
Retail sales and services are permitted as accessory uses when clearly incidental to the
principal use. With the exception of restaurants in conjunction with a motel, such uses
shall be conducted wholly within the principal building, without access thereto other than
from within the building, and without exterior advertising or display. These activities
shall be conducted solely for the convenience of the employees, patients, patrons,
students, or visitors and not for the general retail public. In hospitals and clinics these
accessory uses may include drug stores, florists, gift and book shops, and cafeterias. In
institutional settings, office buildings, hotels, country club houses, and airports, such
activities may include gift and book shops. restaurants, cafeterias and coffee shops,
lounges, pro shops, and beauty and barber shops.
58

RA
K.
Fences and Walls
Ornamental fences and walls not over four (4) feet high may project into or may enclose
any front or side yard, and fences or walls enclosing rear yards may be a maximum of six
(6) feet high. An open fence or wall through which clear vision is possible from one side
to the other on a horizontal plane and such openings occupy fifty percent (50%) or more
of the area of the fence or wall, may be erected in the rear yard to a maximum height of
ten (10) feet in nonresidential districts.
Satellite Dish Antennas
1.
2.
General Requirements:
i. A building permit is required when installing, moving, or substantially
constructing or reconstructing a dish antenna over four (4) feet in diameter.
ii. A dish antenna must be installed in compliance with the manufacturers
specifications at a minimum.
iii. In all residential districts dish antennas which exceed four feet in diameter
must be permanently installed on the ground in the rear yard, and shall not
exceed twelve (12) feet in diameter.
iv. In business and industrial districts, dish antennas may either be installed on
the ground or on the roof of the building. If installed on the roof, the dish
shall not be larger than twelve (12) feet in diameter, shall not project
higher than ten (10) feet above the maximum building height of the zoning
district or more than one-third (1/3) the actual height above the roof,
whichever is less, shall be setback from the front and sides of the building
at least eighteen (18) feet and shall not be used for any advertising
purposes. A dish antenna may be installed on the top of another part of the
building which is lower than the roof, and such as a balcony or parking
deck only if such location is at the rear or side of the building and all other
requirements are met.
V. Digital dish antenna twenty-four (24) inches in diameter or less may be
attached to the principal building in any residential district.
vi. A dish antenna may be attached to an accessory building which is
permanently secured to the ground, but may not be attached to the
principal building except as provided in 1., iv., above.
vii. If a dish antenna is repainted, the only permissible colors are the original
color used by the manufacturer, off-white, pastel beige, grey, or pastel
grey -green. The paint must have a dull (non -glossy) finish and no patterns,
lettering, or numerals shall be permitted on either side of the dish surface.
viii. No dish antenna shall be installed in any public right-of-way or in any
drainage or utility easement.
Location in Yards
59

tas
i. A dish antenna shall be installed in the rear yard only, in all districts except
provided for in 2.. ii., below.
ii. In business and industrial districts. a dealer selling dish antennas may have
a maximum of one (1) such antenna installed in the front or side yard for
display purposes providing all other requirements are met. If a dealer
displays a dish antenna in a front or side yard, his permissible sign area
shall be reduced by one-half (1 /2). In residential districts, a digital dish
'
antenna twenty-four (24) inches or less in diameter may be placed in the
front yard only if such placement is necessary to acquire a sufficient
'
satellite signal.
3. Setback Requirements
'
i. The minimum required setback for dish antennas, from the side lot line,
shall be the same as the principal building setback. On comer lots, on the
'
side abutting the street. the minimum required setback shall be the same as
the required front yard setback.
ii. The minimum require setback for dish antennas, from the rear lot line,
shall be six (6) feet or the same as accessory buildings, whichever is
greater, but in no case shall any part of the antenna come closer than one
(1) foot to the property line.
iii. In districts where there are no side or rear yard requirements, a minimum
setback of six (6) feet from the side and rear lot lines shall be required of
dish antennas, but in no case shall any part of the antenna come closer than
one (1) foot to the property line.
iv. In all cases no dish antenna shall be located within fifteen (15) feet of any
street right-of-way.
4. Maximum Height Requirement
i. In all residential districts the maximum height of dish antennas shall be
fifteen (15) feet or the height of the principal building, whichever is less.
ii. In business and industrial districts, the maximum height of dish antennas
installed on the ground shall be twenty (20) feet. Dish antennas mounted
on the roof of a building shall not project higher than ten (10) feet above
the maximum building height of the district or more than one-third (1/3)
the actual building height above the ground, whichever is less.
5. Buffering Requirements
i. In all residential districts dish antennas shall be surrounded on all sides
with any one or a combination of evergreen vegetation, topography,
landscaped earthen berm, or architectural features such as fences or
building so that the view of the dish area is restricted from all public
1 60

L.
M.
N.
streets and six (6) feet above ground level around the antenna is required
to be shielded from abutting residential property. If evergreen vegetation
is used, a species and size must be planted which will be expected to
screen the required area within two (2) years of normal growth. Any
screening vegetation which dies must be replaced.
ii. In business and industrial districts, dish antennas must be screened from
view from abutting residential property and residential streets. The
screening requirements as to materials and height are the same as in 5., 1.,
above.
Certification of Occupancy
No land shall be used or occupied, except for agricultural purposes, and no building
hereafter structurally altered or erected shall be used or changed in use until a certificate
of occupancy shall have been issued by Onslow County Building Inspections Office. In
no case shall a certificate of occupancy be issued unless the building and/or the proposed
use therefor has been found in compliance with the provisions of this ordinance. A like
certificate shall be issued for the purpose of maintaining, renewing, changing, or
extending a non -conforming use. A certificate of occupancy, either for the whole or a
part of a building shall be applied for coincident with the application for a building permit
and shall be issued within 10 days after the erection or structural alterations of such
building, or part, shall have been completed in conformity with the provisions of this
ordinance. A record of all certificates shall be kept on file in the office of the Zoning
Administrator and copies shall be furnished on request to any person having a proprietary
or tenancy interest in the building erected. No permit for excavation, or erection of, any
building or part of a building. or for repairs to, or alteration of, a building shall be issued
until after a zoning permit application has been filed by the applicant and found to be
consistent with this ordinance.
Plats
Each application for a Zoning Permit shall, if required by the Board of Aldermen, be
accompanied by a plat in duplicate, drawn to scale, showing accurate dimensions of the
lot to be built upon, accurate dimensions of the building to be erected, the location on the
lot, and such other information as may be necessary to provide for the enforcement of this
ordinance. A careful record of such applications and plats shall be kept in the office of
the Zoning Administrator.
Interpretation, Purpose and Conflict
In the interpretation and application of the provisions of this ordinance applicants shall be
held to be the minimum requirements for the promotion of the public safety, health,
convenience, prosperity and general welfare. It is not intended by this ordinance to
interfere with or abrogate or annul any easements, covenants or other agreements between
parties, provided, however, that where this ordinance imposes a greater restriction upon
61

I
the use of buildings or premises or upon the height of buildings, or requires larger open
spaces than are imposed or required by other ordinances, rules, regulations, or by
1 easements, covenants or agreements. the provisions of this ordinance shall govern.
O. Changes and Amendments
The Board of Aldermen may amend, supplement or change the text regulations and
zoning map according to the following procedures.
' 1. Action by y the Applicant
The following action shall be taken by the applicant:
1 i. Initiation of amendments: Proposed changes or amendments may be
initiated by the Board of Aldermen, Planning Board, Board of Adjustment,
the owner or his agent, or by one or more interested parties.
ii. Application: An applicant for any change or amendment shall contain a
description and/or statement of the present and proposed zoning regulation
or district boundary to be applied, and the names and addresses of the
property owner. Such application shall be filed with the Zoning
Administrator not later than ten (10) working days prior to the Planning
' Board meeting at which the application is to be considered.
Any application for a zoning ordinance amendment, which has been
submitted in accordance with the provisions of this ordinance, may be
withdrawn at any time.
iii. Fee: When a proposed amendment is initiated by individuals or parties
other than the Board of Aldermen, Planning Board, or Board of
1 Adjustment, a fee shall be paid to the Town of Richlands, North Carolina,
for each application for an amendment to cover the costs of advertising
and other administrative expenses involved. The fee is fifty dollars
j ($50.00). A receipt of this fee shall be issued by the Town. The fee is
non-refundable.
2. Action by the Planning Board
The following action shall be taken by the Planning Board:
i. Planning Board consideration: The Planning Board shall consider and
make recommendations to the Board of Aldermen concerning each
proposed Zoning Amendment. The Zoning Administrator shall receive the
request for amendment. Requests for an amendment must be received ten
(10) days prior to the Planning Board meeting where the request will be
1 62

0
considered. The Planning Board may hold separate hearings or may sit
concurrently with the public hearing held by the Board of Aldermen.
Previously denied zoning amendments may be requested to be heard again
after the passage of six (6) months. A Planning Board recommendation is
expected within sixty (60) days of receipt of a request for an amendment.
For text and zoning district amendments the Planning Board shall consider
the following factors:
The proposed amendment to the ordinance will place all property
similarly situated in the area in the same category, or in appropriate
complimentary categories.
There is a convincing demonstration that all uses permitted under
the proposed district classification would be appropriate in the area
included in the proposed change.
There is convincing demonstration that all uses permitted under the
proposed district classification would be in the general public
interest and would not merely serve the interests of an individual or
small group.
There is a convincing demonstration that the character of the
neighborhood will not be materially and adversely affected by any
use permitted in the proposed change.
Proposed changes must be consistent with the Land Use Plan and
sound planning principles.
Action by the Board of Aldermen
i. Notice and public hearings: No amendment to the Zoning Ordinance
text or map shall be adopted by the Board of Aldermen until after public
notice and hearing. Public notice shall strictly adhere to the requirements
of the North Carolina General Statutes in effect at the time of the change
and as may be altered from time to time. Newspaper notice of a public
hearing shall be published once a week for two (2) successive calendar
weeks in a local newspaper of general circulation in the municipality.
Such notice must be more than ten (10) but less than twenty-five (25) days
prior to the hearing. Notice of change to zoning district boundaries will
also include a posting of a notice on the property concerned and/or by
mailing a notice, by first class mail, to the owners of the surrounding
property. Previously denied zoning amendments may be requested to be
heard again only after six (6) months has passed.
63

ii. Board of Aldermen: Before taking such lawful action as it may deem
advisable, the Board of Aldermen shall consider the Planning Board's
recommendation on each proposed Zoning Amendment. If no
recommendation is received from the Planning Board within sixty (60)
days from the date when submitted to the Planning Board, the petitioner
may take the proposal to the Board of Aldermen without a
recommendation from the Planning Board. The Board of Aldermen, at the
close of the properly advertised public hearing, may defer taking lawful
action on the proposed amendment until it has sufficient time to consider
any new evidence or suggestions presented at the public hearing.
iii. Protests: In case of protest against any such change signed by the owners
of twenty (20) percent or more either of the area of lots included in such
proposed change, or of those immediately adjacent thereto in the rear
thereof or on either side thereof extending one hundred (100) feet
therefrom, or of those directly opposite thereto extending one hundred
(100) feet from the street frontage of such opposite lots, such amendment
shall not become effective except by favorable vote of three fourths (3/4)
of all the members of the Board of Aldermen. No protest petition shall be
' valid unless it is: a) written, b) bears the actual signature of the requisite
number of property owners and states that they protest the proposed
amendment, and c) is received by the municipal clerk in time to allow at
least two (2) normal working days (excluding weekends and legal
holidays) prior to the public hearing on the amendment, so as to allow time
for municipal personnel to check the accuracy and sufficiency of the
' petition.
4. Repeal of Amendment
In any case where a change of boundary lines of the zoning district map has been
i granted, and where no development has taken place within one (1) year, the
Planning Board may recommend and the Board of Aldermen after notice and
public hearing thereon, may affirm, or repeal such ordinance, and re -zone the
property to the most appropriate district classification.
P. Validity
1 If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of
1 this ordinance. The Board of Aldermen hereby declares that it would have passed this
ordinance and each section, subsection, clause and phrase thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses or phrases be declared
tinvalid.
Q. Enforcement
1
64

The Zoning Administrator is hereby authorized to enforce the provisions of this
ordinance. The Zoning Administrator in Richlands is the Town Administrator. This
official shall have the right to enter upon the premises at any reasonable time necessary to
carry out his or her duties as described within this ordinance. It is the intention of this
ordinance that all questions arising in the interpretation and enforcement of this ordinance
will be first presented to the Zoning Administrator. Appeal from the .decision of the
Zoning Administrator may be made to the Board of Adjustment.
In administering the Zoning Ordinance the Zoning Administrator shall:
A. Make and maintain records of all applications for zoning compliance, and records
of all statements of compliance issued or denied, with notation of all special
conditions or modifications as necessary.
B. File and safely keep copies of all plans submitted. These files will serve as a
record for the office of Zoning Administrator and will be available for inspection
by interested parties.
C. Transmit to the appropriate Board (Board of Aldermen, Planning Board, Board of
Adjustment) all requests and plans for their review and approval as necessary.
D. Conduct inspections of projects in the Richlands planning area. Upon finding of
violation, the Zoning Administrator will notify the violator in writing of the
violation and order the action necessary to remedy such violation.
Zoning Permits
A. A valid Zoning Permit shall be presented with any application for a building
permit. No building permit shall be issued for any activity in a zoned area until
such Zoning Permit is presented.
It shall be unlawful to commence excavation for or the construction of any
building or other structure or the use of any land or building including accessory
structures, until the Zoning Administrator has issued a Zoning Permit for such
work including a statement that the plans, specifications and intended use of such
land, or structure, conforms in all respects with the provisions of this Zoning
Ordinance. Application for a Zoning Permit shall be made in writing to the
Zoning Administrator on forms provided for that purpose.
Zoning Permits will be void after six (6) months from the date of issue unless
substantial progress on the project has been made by that time.
B. It shall be unlawful for the Zoning Administrator to approve any plans or issue a
Zoning Permit for any purpose regulated by this Ordinance until he has inspected
65

1
S.
T.
such plans in detail and found them to be in conformity with this Ordinance. The
Zoning Administrator shall require every application for a Zoning Permit to be
accompanied by a plan or plat dra,,A•n to scale and showing the following in
sufficient detail to enable the Zoning Administrator to ascertain whether the
proposed activity is in conformance with the Ordinance..
The actual shape, location, and dimensions of the lot.
ii. The shape, size, and location of all buildings or other structures to
be erected, altered or moved and any of the building or other
structures already on the lot.
iii. The existing and intended use of all such buildings or other
structures.
iv. Such other information concerning the lot or adjoining lots as may
be essential for determining whether the provisions of this
Ordinance are being followed.
V. All applicants are expected to complete the Zoning Permit form or
the Conditional Use Permit form, as necessary.
C. If the proposal is in conformity with the provisions of the Zoning Ordinance, the
Zoning Administrator will issue a Zoning Permit. If an application for a Zoning
Permit is not approved. the Zoning Administrator shall state in writing on the
application the reason the request was not approved. Issuance of the Zoning
Permit shall not be construed as waiving the provisions of this or any other
Ordinance or regulations of the Town of Richlands.
Building Permits Prior to Effective Date
No section of this ordinance shall in any way prohibit, restrict or affect in any manner or
form any person, firm or corporation who has secured a building permit prior to the
effective date of this ordinance.
Penalty
The Town of Richlands may choose to enforce this ordinance by any one, all, or
combination of the below described penalty procedures.
A. Criminal Penalties: Any person, firm or corporation who violates the provisions
of this ordinance shall, upon conviction, be guilty of a misdemeanor and shall be
fined not exceeding fifty dollars ($50.00) or imprisoned not exceeding thirty (30)
days. Each day that violation continues to exist shall be considered a separate
offense.
66

B. Civil Penalties: If a building or structure is erected, constructed, reconstructed, or
altered, repaired, converted, or maintained, or any building, structure or land is
occupied or used in violation of the North Carolina General Statutes, this
Ordinance, or other regulations made under authority conferred thereby, the Town
of Richlands may apply to the District Court, Civil Division, or any other court of
competent jurisdiction for a mandatory or prohibitory injunction and order of
abatement commanding the defendant to correct the unlawful condition upon or
cease the unlawful use of the property.
In addition to an injunction, the court may enter an order of abatement as a part of
the judgement in the case. An order of abatement may direct that buildings or
other structures on the property be closed, and demolished, or removed; that
fixtures, furniture, or other moveable property be removed from buildings on the
property; that grass and «-eeds be cut; that improvements or repairs be made; or
that any other action be taken that is necessary to bring the property into
compliance with this Ordinance. If the defendant (or owner) fails or refuses to
comply with an injunction or with an order of abatement within the time allowed
by the court, he may be cited for contempt, and the Town may execute the order of
abatement. The Town shall have a lien on the property for the cost of executing
the abatement.
The Town of Richlands may apply to District Court, Civil Division, or other Court
of competent jurisdiction for an appropriate equitable remedy. It shall not be a
defense of the Town's application for equitable relief that there is an adequate
remedy at law.
67

1 Article V.
Provisions of N.C. General Statutes 160A-385.1
Establishment of the Vested Right
Legislative/Intent/Purpose:
The North Carolina General Assembly on July 20, 1990, ratified Senate Bill 766 as Chapter 996
of the 1989 Session Laws (1990 Regular Session), to be effective October 1, 1991. This
legislation has been codified as N.C. General Statute 160A-385.1. The law provides for the
establishment of vested rights with respect to site specific development plans that are reviewed
and approved in accordance with certain procedures.
The Town of Richlands is authorized and required by N.C. General Statute 160A-385.1 to
identify the specific types of zoning or land use approvals that constitute a site specific
development plan within the meaning of N.C. General Statute 160A-385.1. The purpose of this
section of the zoning ordinance is to implement the provision of N.C. General Statute 160A-
385.1 pursuant to which a vested right is established upon the approval of a site specific
development plan.
A. Definitions
For the purposes of this ordinance. the words and phrases defined in this subsection shall
have the meaning indicated unless otherwise specifically provided, or unless otherwise
clearly required by the context:
1. Owmer - Any owner of a legal or equitable interest in real property, including
heirs, devisees, successors and assigns, having a vested estate, and the agent or
personal representative of such owner. For purposes of this Article, owner shall
include a person holding a valid and recorded option to purchase the real property
with respect to which he seeks to establish a vested right.
2. Site specific development plan - A plan that has been submitted to the Town by an
owner, describing with reasonable specificity the type and intensity of use for a
specific parcel or parcels of property. At a minimum, such plan must include the
approximate boundaries of the site; significant topographic and other natural
features affecting development of the site; approximate location on the site of
proposed buildings, structures and other improvements; approximate dimensions,
including height, of the proposed buildings and other structures; and the
approximate location of all existing and proposed infrastructure on the site,
including water, sewer, roads, and pedestrian walkways. Included within this
definition are plans submitted pursuant to the following specific provisions of the
Town Code, and meeting the requirements specified therein: (1) Preliminary
subdivision plans as defined in the subdivision ordinance and (2) Conditional Use
Permit (Article IV, IIC) and Planned Unit Developments (Article 111, J). A
variance shall not constitute a site specific development plan, and approval of a
site specific development plan with the condition that a variance be obtained shall
68

B.
C.
not confer a vested right unless and until the necessary variance is obtained.
Neither a sketch plan nor any other document which fails to describe with
reasonable certainty the type of and intensity of use for a specified parcel or
parcels of property may constitute a site specific development plan.
3. Vested right - The right of an owner of property to undertake and complete the
development and use of property under the terms and conditions of an approved
site specific development plan or phased development plan.
4. Approval Authority - The approval authority for the establishment of vested rights
shall be the Richlands Board of Aldermen.
Establishment of a Vested Right
1. A vested right shall be deemed established upon the valid approval or conditional
approval, by the Richlands Board of Aldermen, as applicable, of a site specific
development plan following notice and public hearing as provided for by the law.
2. The approval authority may approve a site specific development plan upon such
terns and conditions as may be reasonably necessary to protect the public health,
safety and welfare. Such conditional approval shall result in a vested right being
established; provided, that failure to satisfy any of the terns and conditions so
imposed will result in a forfeiture of vested rights.
3. A site specific development plan shall be deemed approved as of the effective date
of the approval authority's final action or adoption of an ordinance relating
thereto. In the event that applicable ordinance procedures require a site specific
development plan to be approved under the Richlands Zoning Ordinance, such a
plan shall not be deemed approved until all required approvals have been obtained
from the appropriate approval authority.
Approval Procedures and Approval Authority
Except as otherwise provided in this Article, an application for site specific
development plan approval shall be processed in accordance with the procedures
established by ordinance and shall be considered by the designated approval
authority for the specific type of zoning or land use permit or approval for which
application is made.
2. Notwithstanding the provisions of subsection l., if the authority to issue a
particular zoning or land use permit or approval has been delegated by ordinance
to a board, committee or administrative official other than the Richlands Board of
Aldermen, in order to obtain a zoning vested right, the applicant must request in
writing at the time of application that the application be considered and acted on
by the Richlands Board of Aldermen following notice and a public hearing as
69

D.
E.
provided in G.S. 160A-364, in accordance with the procedures set forth in Article
IV, B, of this Chapter for consideration of Conditional Use Permit requests.
3. In order for a zoning vested right to be established upon approval of a site specific
development plan, the applicant must indicate at the time of application, on a form
to be provided by the Town, that a zoning vested right is being sought.
4. Each map, plat, site plan or other document evidencing a site specific
development plan shall contain the following notation: "Approval of this plan
established a zoning vested right under GS 160A-385.1. Unless terminated at an
earlier date, the zoning vested right shall be valid until (date)."
Duration of Vested Rights
1. A vested right established pursuant to this Article shall remain vested for a period
of two years from the effective date thereof.
2. Nothing in this Article shall be construed to exempt a site specific development
plan with respect to which a vested right has been established from subsequent
review and approvals by the Town to ensure compliance with the terms and
conditions of the original approval as provided for in the original approval or by
applicable Town Code provisions.
3. The establishment of a vested right pursuant to this Article shall not preclude the
application of overlay zoning that imposes additional requirements but does not
affect the allowable type or intensity of use, or ordinances or regulations that are
general in nature and are applicable to all property subject to land use regulation
by the Town, including but not limited to: building, fire, plumbing, electrical and
mechanical codes. New and amended zoning regulations that would be applicable
to certain property but for the establishment of a vested right with respect thereto
shall become effective upon the expiration or termination of the vested right in
accordance with this Article.
4. Upon issuance of a building pennit, the expiration provisions of GS 160A-418
and the revocation provisions of GS 160A-422 shall apply, except that a building
permit shall not expire or be revoked because of the running time while a zoning
vested right under this section is outstanding.
Termination of Vested Rights
A zoning right that have been vested as provided in this Article shall terminate:
1. At the end of the applicable vesting period with respect to buildings and uses for
which no valid building permit applications have been filed;
70

F.
G.
2. Upon written request or with the written consent of the affected landowner;
3. Upon findings by the Board of Aldermen, by ordinance after notice and a public
hearing, that natural or man-made hazards on or in the immediate vicinity of the
property, if uncorrected. would pose a serious threat to the public health, safety,
and welfare if the project were to proceed as contemplated in the site specific
development plan;
4. Upon payment of the affected landowner of compensation for all costs, expenses,
and other losses incurred by the landowner, including, but not limited to, all fees
paid in consideration of financing, and all architectural, planning marketing, legal,
and other consultant's fees incurred after approval by the Town, together with
interest thereon at the legal rate until paid. Compensation shall not include any
diminution in the value of the property which is caused by such action;
5. Upon findings by the Board of Aldermen, by ordinance after notice and a hearing,
that the landowner or his representative intentionally supplied inaccurate
information or made material misrepresentations which made a difference in the
approval by the approval authority of the site specific development plan; or
6. Upon the enactment or promulgation of a State or federal law or regulation that
precludes development as contemplated in the site specific development plan, in
which case the approval authority may modify the affected provisions, upon a
finding that the change in State or federal law has a fundamental effect on the
plan, by ordinance after notice and a hearing.
Miscellaneous Provisions
1. A vested right, once established as provided for in this Article, precludes any
zoning action by the Town which would change, alter, impair, prevent, diminish,
or otherwise delay the development or use of the property as set forth in an
approved site specific development plan.
2. Nothing in this Article shall prohibit the revocation of the original approval or
other remedies for failure to comply with applicable terms and conditions of the
approval or the zoning ordinance.
3. A vested right is not a personal right, but shall attach to and run with the land with
respect to the affected property. All successors in title and interest of the owner
who obtained the vested right shall be entitled to exercise the right.
Voluntary Annexation
A petition for annexation filed with the Town under GS 160A-31 or GS 160A-58.1 shall
contain a signed statement declaring whether or not any zoning vested right with respect
71

to the properties subject to the petition has been established under GS 160A-385.1 or GS
153A-344.1, or the failure to sign a statement declaring whether or not a zoning vested
right has been established. shall be binding on the landowner and any such zoning vested
right shall be terminated.
H. Limitations
1
Nothing in this Article is intended or shall be deemed to create any vested right other than
those GS 160A-385.1.
established pursuant to
' I. Repealer
In the event that GS 160A-385.1 is repealed, this Article shall be deemed repealed and the
1 provisions hereof no longer effective.
J. Effective Date
1. This Article will be on implemented u the date of adoption of the Richlands
P P P
Zoning Ordinance.
' 2. A violation of any provisions of this ordinance shall subject the offender to the
penalties set forth in Article IV, Subsection M, Penalty, of this zoning ordinance.
' 3. All ordinances or arts of ordinances in conflict with this ordinance are hereby
y
' repealed to the extent of such conflict.
4. If any section, subsection. paragraph, sentence, clause, phrase or portion of this
' ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction. such portion shall be deemed severable and such holding
shall not affect the validity of the remaining portions hereof.
5. This ordinance shall be effective immediately upon its adoption.
1
72

Article VI. Signs
A. Statement of Purpose
Sign regulations are established to restrict private signs and lights which overload the public's
capacity to receive information, which violate privacy, or which increase the probability of
accidents by distracting attention or obstructing vision. Such regulations are also designed to
encourage signing and lighting and other private communications which aid orientation and
identify activities, and to reduce conflict among private signs and lighting and between the
private and public environmental information systems.
B. General Requirements
No sign of any type or any part thereof shall be erected, painted, repainted, posted, reposted,
placed, replaced or hung in any zoning district except in compliance with these regulations.
No permit is required to erect most signs; however, the Zoning Administrator shall have the
authority to order the removal or modification of any new sign which does not meet these
requirements according to the following procedures:
I . The owner of the sign, the occupant of the premises on which the sign or structure
is located, or the person or firm maintaining the same shall, upon written notice by
registered or certified mail from the Zoning Administrator or his designated agent,
within thirty (30) days, remove or modify the sign or structure in a manner
approved by the Zoning Administrator or his designated agent.
2. If such order is not complied with within thirty (30) days, the Zoning
Administrator his designated agent shall issue a second written notice in person or
by registered or certified mail indicating that if the appropriate action has not
taken within fifteen (15) days, the Town will remove the sign at the cost of the
owner or lessor of the sign.
3. If the sign is not removed or modified within the fifteen (15) days granted by the
second notice, the Zoning Administrator shall order the removal of the sign by the
Town.
Therefore, it is the interest of the sign owner to consult with the Zoning Administrator prior to
the purpose and installation of a sign. The sign user should bring the Town Hall a drawing
approximately to scale showing the design of the sign, including dimensions, method of
attachment or support, source of illumination and showing the relationship to any building or
structure to which it is or is proposed to be installed or affixed and a plot plan approximately to
scale indicating the location of the sign relative to property lines, easements, streets, sidewalks,
and other signs.
C. Exemptions
The following types of signs are exempted from the application of the regulations herein:
73

t1.
Signs unlighted, not exceeding two (2) square feet in area and bearing only
property numbers, mail box numbers, and the name of the owner or occupant of
'
the premises. Such signs shall not exceed two (2) square feet in area per
occupant. If more than one (1) sign or nameplate is required, the total allowable
'
2.
sign area shall not exceed eight (8) square feet.
Flags and insignia of any government except when displayed in connection with
commercial promotion.
'
3.
4.
Holiday decorations in season.
Legal notices and warnings, regulatory, informational, or directional signs erected
by any public agency or utility.
'
S.
Integral decorative or architectural features of buildings, including signs which
denote only the building name, date of erection or street number. Such signs shall
be permitted as exemptions when cut into any masonry surface or implanted with
'
a metal plate.
6.
Signs directing and guiding traffic and parking on private property.
7.
Signs which cannot be seen from a public street or right-of-way.
'
8.
The act of changing advertising copy of messages on any sign designated for the
use of replaceable copy such as a ready board or product price sign or on a sign
having time -and -temperature.
'
9.
Price signs at automobile service stations or other establishments engaged in the
retail sale of gasoline. One (1) such sign is permitted for each frontage on a
public street, provided it does not exceed eight (8) square feet in area. Any such
sign shall be affixed to a permitted freestanding identification sign, to a canopy
supported in the vicinity of the gasoline pumps, o flat -mounted against the wall of
'
10.
a building.
Signs announcing the location of self-service or full service gasoline pump at any
establishment engaged in the retail sale of gasoline. Such signs shall be located in
the vicinity of the gasoline pumps and shall not exceed eight (8) square feet in
area.
' D. Signs Permitted in Residential Districts
1. Permanent identification signs for subdivisions and residential developments not
exceeding twenty (20) square feet in area. One (1) sign may be erected at each
major entrance to the subdivision, but shall be located on private property no
closer than ten (10) feet to any property line. No sign shall exceed six (6) feet in
'
height above ground level, and illumination shall be restricted to indirect white
lighting.
2. Permanent identification signs for manufactured home or mobile home parks and
campgrounds not exceeding six (6) square feet in area. One (1) sign may be
erected at each major entrance to the manufactured home or mobile home park or
campground but shall be located on private property no closer than ten (10) feet to
'
an}, property line. No sign shall exceed six (6) feet in height above ground level.
Illumination shall be limited to indirect white lighting.
1
74

3. One (1) permanent identification sign for multi -family residential developments
may be erected at each major entrance to the property. Such signs shall not
exceed twenty (20) square feet in area and may be flat -mounted against the wall of
an apartment building or freestanding. If freestanding, such signs shall be set back
a minimum of ten (10) feet from any public right-of-way or property line and shall
not exceed six (6) feet in height above ground level. Illumination shall be limited
to indirect white lighting.
4. One permanent identification sign for nonresidential use permitted as matter of
right may be erected on the premises, provided such signs do not exceed twenty
(20) square feet in area. If freestanding, no sign shall be located closer than ten
(10) feet to any property line nor exceed six (6) feet in height above ground level.
Illumination shall be limited to indirect white lighting.
5. One (1) identification sign for each home occupation is permitted, but shall not be
closer than ten (10) feet to any property line, or street right-of-way, shall not
project higher than two (2) feet above ground level, and shall not exceed one (1)
square foot in area.
6. Temporary signs are permitted in accordance with the regulations herein (Article
VI., I).
7. No other signs are permitted
E. Signs Permitted in the Central Business District
Within the Central Business District as shown on the Zoning Map, only the following types of
signs shall be permitted:
1. Permanent wall signs shall be permitted for each separate business establishment,
provided the total allowable sign area for all such signs shall not exceed one-half
(1/2) square foot for each lineal foot of building wall facing a public street. The
location and number of wall signs is at the option of the owner or tenant; however,
where more than four (4) signs are located on any lot, the fifth such sign and each
succeeding sign, respectively, shall reduce the total allowable sign area by twenty
(20) percent. Wall signs shall not project higher than the building eave of thirty
(30) feet, whichever is lower. Street number numerals shall not count in this
requirement.
2. One (1) identification sign per business establishment may be suspended from or
attached to the underside of a canopy or marquee, provided such sign does not
exceed six (6) square feet in area and maintains a clear distance of at least seven
and one-half (7-1/2) feet between the sidewalk and the bottom of the sign.
3. Identification signs shall bear thereon no lettering other than to indicate the name
and kind of business conducted in the building or structure, such as "men's
clothing," "drugs," "jeweler," and the like, and the year the business was
established and the street number thereof. Other permanent signs may advertise
articles of merchandise sold on the premises.
75

4. Restaurants and automobile service stations shall be permitted one (1)
t freestanding sign if the business is located on a corner lot or has at least one
hundred (100) feet of street frontage. Such freestanding sign shall not exceed
twenty (20) feet in height or twenty (20) square feet in sign area per side and shall
tbe located on private property such that no part of the sign shall project over any
public right-of-way or another lot.
5. Where there is a front yard of at least fifty (50) feet, one (1) freestanding
tidentification sign shall be permitted in the front yard. Such sign must be setback
a minimum of ten (10) feet from any public right-of-way or any other property
line, shall not exceed six (6) feet in height above ground level, and shall not
exceed thirty-two square feet in area. Illumination shall be limited to indirect
white lighting.
I
6. Temporary signs are permitted in accordance with the regulations herein (Article
VI., I).
F. Signs Permitted in the Highway Business District
Within the Highway Business District as shown on the Zoning Map, only the following types of
' signs shall be permitted.
1. One (1) permanent, freestanding identification sign is permitted for each premises.
' Any such freestanding sign shall not exceed thirty (30) feet in height or seventy
(70) square feet in sign area per side.
' 2. Permanent wall signs shall be permitted for each separate business establishment
provided the total allowable sign area for all signs shall not exceed one (1) square
foot for each lineal foot of building wall facing a public street. The location and
number of wall signs is at the option of the owner or tenant; however, where more
than four (4) signs are located on any lot, the fifth such sign and each succeeding
sign, respectively, shall reduce the total allowable sign area by twenty (20)
' percent. Street number numerals shall not count in this requirement. Wall signs
shall in no case project higher than the eave of the building or thirty (30) feet,
whichever is lower.
' 3. The total allowable sign area for all signs, including all wall and freestanding
signs, shall not exceed one (1) square foot for each lineal foot of building wall
facing a public street. Sizes of each sign are at the option of the owner or tenant,
' but in no case shall a freestanding sign be more than thirty (30) square feet except
as provided for a shopping center.
4. One (1) identification sign per business establishment may be suspended from or
' attached to the underside of a canopy or marquee, provided such sign does not
exceed six (6) square feet in area and maintains a clear distance of at least seven
and one-half (7-1 /2) feet between the sidewalk and the bottom of the sign.
' 5. No freestanding sign shall be closer than ten (10) feet from a street right-of-way or
fifteen (15) feet from any other property line.
1
76

6. Temporary signs are permitted in accordance with the regulations herein (Article '
VI., I).
G. Signs Permitted in the Industrial District
Within the Industrial District as shown on the Zoning Map, only the following types of signs
shall be permitted:
1. One (1) freestanding identification sign is permitted for each premises. The area
of the sign shall not exceed the total allowable sign area, but in no case exceed
eighty (80) square feet in area, and shall not project more than twenty-five (25)
feet above ground level.
Businesses fronting on more than one (1) public street shall be permitted one (1)
freestanding sign for each frontage; provided, however, the combined area of all
such signs shall not exceed the allowable sign area and, in no case, eighty (80)
square feet.
2. Permanent wall signs are permitted for each business provided they do not project
higher than the building eave or thirty (30) feet, whichever is lower. The location
and number of wall signs is at the option of the owner or tenant; however, where
more than four (4) signs are located on any lot, the fifth such sign and each
succeeding sign, respectively, shall reduce the total allowable sign area by twenty
(20) percent.
3. The total allowable sign area shall not be more than one (1) square foot per lineal
foot of building wall facing a public street.
4. Identification signs may be suspended from or attached to the underside of a
canopy or marquee, provided that the total sign area of such signs does not exceed
six (6) square feet in area and a clear distance of at least seven and one-half (7-
1/2) feet between the sidewalk and the bottom of such signs is maintained.
5. Temporary signs are permitted in accordance with the regulations herein (Article
VI., I).
6. Off -premises advertising signs may be permitted in which case the sign shall be
setback from any street right-of-way or property line by at least fifty (50) feet,
shall not be closer than one hundred (100) feet to any property zoned residential,
shall not project higher than twenty-five (25) feet above ground level, and shall
not exceed two hundred (200) square feet in area.
H. Shopping Center Signs
For shopping centers in single ownership or under unified control, one (1) additional sign on
each street frontage, other than those regulated above, shall be permitted, subject to the
following:
1. Content —Such sign shall advertise only the name and location of such center
and/or name and type of business on each occupant of the center. 1
77

11
2. Area --The gross area in square feet permitted for the additional sign on a zoning
lot shall not exceed one (1) square foot per lineal foot of building facing a public
street.
3. Location ---The additional sign shall not be closer than twenty (20) feet to any
property line or street right-of-way and shall not project higher than thirty (30) feet
above the ground level.
I. Temporary Signs
The following signs of a temporary nature including portable or mobile signs on wheels are
permitted in all Zoning Districts:
1. One non -illuminated sign per street frontage pertaining only to the lease, rent or
sale of the property upon which it is displayed. The maximum size of such signs
shall be as follows:
a. In all residential districts. ten (10) square feet.
b. In all other districts, such signs shall be limited to one (1) square
foot of area for each five (5) lineal feet of advertised property
which abuts a public street; provided, however, no such sign shall
exceed one hundred (100) square feet in area.
2. One (1) construction sign may be erected on a site during the period of
construction or reconstruction of a building or other similar project. The sign may
identify the owner and/or developer, architect, engineer, contractor and other
individuals or firms, and the character or purpose for which the structure or item is
intended. The sign shall be non -illuminated and removed within to (2) days after
the construction work has been completed. The maximum size of a construction
sign shall be as follows:
a. In residential zones. ten (10) square feet.
b. In all other districts, sixty (60) square feet or one (1) square foot of
sign area for each five (5) lineal feet of property abutting a public
street, which ever is greater. In no instance, however, shall any
such sign exceed one hundred (100) square feet in area.
3. Signs for promotional purposes by an individual business may be displayed on the
premises for a period not to exceed twenty-eight (28) days during each calendar
year.
4. Banners, pennants, ribbons, posters, streamers, strings of light bulbs, spinners or
other similar devices may be displayed for a period of not more than twenty-one
(21) days in any one calendar year on the occasion of the opening of a new
business.
5. Temporary signs painted or displayed on the interior or exterior of commercial
building windows, provided, however, such signs shall not exceed twenty-five
(25) percent of the total window area.
6. Directional signs advertising a public event and located off premises may be
displayed on private property not more than one (1) week in advance of the event
78

and not more than two (2) days after the completion of the event. No such sign
shall exceed six (6) square feet in area.
7. Political campaign signs may be posted on private property only after the official
campaign period has begun and must be removed within one (1) week after
elections. Such signs shall not exceed six (6) square feet in area.
J. Signs Permitted in Conjunction with Nonconforming Uses
Any nonconforming use in any district may maintain such business signs as would be allowed for
such use in the most restrictive district in which the use would be permitted, or such signs as are
existing at the time the use becomes nonconforming. whichever is the more restrictive with
regards to sign size and number of signs. A period of one (1) year from the effective date of this
ordinance shall be allowed in order to bring all such signs into conformity with this Article.
K. Nonconforming Signs
Any nonconforming signs except those discussed in Section J of this Article, existing on the
effective date of this ordinance may remain in place and be maintained for five (5) years after
said effective date, subject to the following requirements:
1. No nonconforming sign shall have and, changes made in the words of symbols
used or the message displayed on the sign unless the sign is specifically designed
for periodic change of message.
2. No nonconforming sign shall be structurally altered as to change the shape, size,
type or design of the sign. nor shall an), nonconforming sign be relocated.
3. No nonconforming sign shall be allowed to remain after the activity, business or
use to which it relates has been discontinued.
4. If a nonconforming sign is damaged in such a manner that the estimated expense
of repairs exceeds fifty percent (50%) of its replacement value, the sign shall not
be allowed to remain or be repaired and must be removed.
Within five (5) years after the effective date of this ordinance, all nonconforming
signs shall be removed or brought into compliance, unless such time is extended
pursuant to the following requirements.
5. The owner of any nonconforming sign shall have the right, within five (5) years
from and after the effective date of this ordinance to make application to the
Board of Adjustment for an extension of the time within which such sign may be
permitted to remain.
a. If such sign is nonconforming as to its size, then the time may be
extended by the Board of Adjustment for one (1) calendar month
for each one hundred dollars ($100) of the owner's unused
investments in the sign. The term "unused investment" shall mean
the unamortized portion of the original actual dollar cost for federal
income tax purposes, all as certified in writing at the request of the
owner by a certified public accountant.
79

'
6. Any nonconforming sign created as a result of an amendment to this ordinance or
'
as a result of the extension of the zoned area shall have five (5) years from the
date of such amendment or extension to conform to the requirements of this
Article.
'
Upon failure to comply with any of the above requirements, the Zoning Administrator shall cause
the removal of any nonconforming signs as hereafter provided:
'
7. The Zoning Administrator or his designated agent shall give the owner of the
nonconforming sign notice of the violation by registered or certified mail. Notice
'
to the owner or the occupant of the premises on which the sign is located shall be
sufficient. The notice shall contain a brief statement of the particulars in which
this Article is violated and the manner in which such violation is to be remedied.
'
8. Failure to correct such violation within thirty (30) days shall constitute a
misdemeanor punishable by a fine of not more than fifty dollars ($50.00), or by
imprisonment for not more than thirty (30) days. Each day of a continuing
'
violation shall be a separate and distinct offense.
9. In addition to or instead of the above penalties, the Town may apply to a court of
justice for a mandatory or prohibitory injunction and order of abatement directing
'
the owner, occupant or permittee to correct the violation in accordance with GS
160A-175.
'
L. Prohibited Signs
'
Unless otherwise permitted, the following signs are prohibited:
1. Banners, posters, pennants. ribbons, streamers, strings of light bulbs, spinners, or
'
other similar devices, except as permitted in Section I of this Article.
2. Signs advertising an activity, business, product, or service no longer conducted on
the premises upon which the sign is located.
3. Mobile signs, except as permitted in Section I of this Article.
4. Off -premises advertising structures or billboards, except as a conditional use
allowed in an appropriate zoning district.
5. Roof signs.
6. Projecting signs and freestanding signs located within a public right-of-way
except when erected by a governmental agency.
'
7. No flag of the United States or the State of North Carolina shall be displayed as
part of a commercial promotion. When displayed, the flags shall be allowed to
'
hang free and never draped or tied back.
M. Institutional Signs
iSigns
erected by schools, churches, hospitals, governmental buildings, and other institutions are
permitted in all districts, but the size of any such signs shall not be in excess of twenty (20)
'
square feet. If such sign is freestanding. it shall not be closer than ten (10) feet from any property
1
80

line and shall not project higher than six (6) feet above ground level. If the sign is a wall sign, it '
shall not project higher than twenty (20) feet above ground level or the maximum height
permitted in the district, whichever is greater.
N. Illumination
Where illuminated signs are permitted, they shall conform to the following requirements:
1. All signs illuminated under the provisions of this Section shall be constructed to
meet the requirements of the National Electric Code.
2. Signs which contain, include, or are lighted by any flashing, intermittent or
moving lights are prohibited, except those giving public information such as time,
temperature, and date.
3. Illuminated signs shall be limited to those lighted internally with glass or plastic
faces bearing the advertisements; provided, however, that exposed neon tubing
and exposed incandescent or other bulbs not exceeding fifteen (15) watts each
shall be permitted.
4. Flood and display lighting shall be shielded so as to prevent direct rays of light
from being cast into a residential area or district and/or vehicles approaching on a
public right-of-way from any direction. Such lighting shall also be shielded so as
to prevent view of the light source from a residence or residential district and/or
vehicles approaching on a public right-of-way from any direction.
5. Flame as a source of light is prohibited.
O. Maintenance & Removal of Unsafe Signs
All signs of any nature shall be maintained in a state of good repair. No sign shall be allowed to
remain which becomes structurally unsafe, hazardous or endangers the safety of the public or
property. Upon determining that a sign is structurally unsafe, hazardous or endangers the safety
of the public or property, the Zoning Administrator or his designated agent shall order the sign to
be made safe or removed subject to the following provisions:
1. The owner of the sign, the occupant of the premises on which the sign or structure
is located, or the persons or firm maintaining the same shall, upon written notice
by registered or certified mail from the Zoning Administrator or his designated
agent, forthwith in the case of immediate danger and in any case within ten (10)
days, secure or repair the sign or structure in a manner approved by the Zoning
Administrator or his designated agent or remove it.
2. If such order is not complied with within ten (10) days, the Zoning Administrator
or his designated agent shall remove the sign at the expense of the owner or lessee
thereof. No sign shall be erected or maintained in such a manner that any portion
of its surface or its supports will interfere in any way with the free use of access to
any fire escape, exit or standpipe, or so as to obstruct any window so that light or
ventilation is reduced below standards required by any applicable law or building
code.
81
11
11
-7
1

U
3. Whenever a sign has been abandoned. advertises an activity, business, product or
service no longer conducted on the premises or is erected in violation of the
'
provisions of this Article. the Zoning Administrator or his designated agent shall
cause such sign to be removed or brought into compliance with the method
'
prescribed for nonconforming sings in Section K of this Article.
P. Outdoor Advertising Signs
1. Outdoor advertising signs shall be permitted in the Highway Business District,
subject to the following conditions. No outdoor advertising sign shall be placed
within five hundred (500) feet of any residential district. The following signs
shall not be permitted:
a. Signs which are illegal under State or federal law.
'
b. Signs that are not in good repair.
C. Signs not securely affixed to a substantial structure (when required).
d. Signs which attempt or appear to attempt to regulate, warn or direct
movement of traffic or which interfere with, imitate or resemble any
official traffic sign. signal or device.
e. Signs which are painted on buildings which conduct a use not advertised
by said sign.
f. Signs which are erected or maintained upon trees or painted or drawn upon
rock or other natural features.
'
g. Signs which move or have animated moving parts.
h. Signs which are not consistent with the standards described in this Article.
2. Sign area — Outdoor Advertising Signs — No outdoor advertising signs shall
exceed the following dimensions:
a. Signs located one hundred and fifty (150) feet or more from the right-of-
way shall not exceed a height of twenty (20) feet and a width of forty (40)
feet.
b. Signs located closer than one hundred and fifty (150) feet from the right-
of-way.
1 82

Article VII. Off Street Parking Requirements
A. Off Street Parking:
The following off-street parking space shall be required and maintained:
Uses
Residential use consisting of
one or more dwelling units
Auditorium or Theater
Churches
Clinics, Medical
Elementary Schools and Junior
High School
General or Professional Offices
Required Off -Street Parking
Two (2) parking spaces on the
same lot for each dwelling unit.
One (1) space for each four (4)seats in the largest
assembly area.
One (1) parking space for each four (4) seats in the
sanctuary
Four (4) parking spaces for each doctor plus one (1)
parking space for each employee.
Two (2) parking spaces for each
classroom and two (2) spaces for each
administrative office, plus ten (10) additional
parking spaces.
One (1) parking space for each two hundred and
fifty (250) square feet of gross floor space.
Golf Course, Par 3 or
Three (3) spaces for each hole
Miniature Golf Course
plus requirements for any other use associated with
'
the golf course, restaurant, etc.
Home Occupations
Two (2) parking spaces in addition to the residential
parking requirements.
'
Hotel
One (1) space for each guest room, suite, or unit
plus one (1) space for each two employees.
'
Industrial or ManufacturingOne
and one-half 1-1/2 spaces for each two 2
( ) P ( )
Establishment or Warehouse
employees on shift of greatest employment, one
(1) space for each managerial personnel, one (1)
'
visitor parking space for each ten (10) managerial
personnel and one (1) space for each vehicle used
directly in conduct of the business.
83
I

' Kindergarten or Nursery One (1) space for each employee and four (4) spaces
Y
for drive-in off-street drop off and pickup.
' Motel One (1) space for each unit plus one (1) space for
each two (2) employees plus requirements for any
other use associated with the establishment.
Nursing Homes One (1) parking space for each four (4) beds
intended for patient use, plus one (1) per employee
on largest shift.
I
Public or Private Clubs One (1) parking space for each one hundred (100)
square feet of gross floor space.
' Restaurant or Place Dispensing One (1) space for each three (3) seats plus one (1)
Food, Drink or Refreshments space for each two (2) employees.
' Religious Conferences or One (1) space for each five (5) seats plus one (1)
Assembly Uses space for each two (2) beds.
Restaurant, Drive -In One (l ) space for each three (3) seats plus a
minimum of fifteen (15) spaces for drive-in service
'
plus one (1) space for each two (2) employees.
Retail Use Not Otherwise Listed One (1) parking space for each four hundred (400)
'
square feet of gross floor area
Senior High School One (1) parking space for each five (5) students for
which the building was designed, two (2) parking
spaces for each classroom and two (2) spaces for
each administrative office, plus ten (10) additional
'
parking spaces.
If the required parking space cannot be reasonably provided on the same lot or premises, such
required space may be provided on another lot or premises separated therefrom by not more than
five hundred (500) feet, provided, such lot is located in a zone in which such use is permitted.
' In accordance with the foregoing provisions, off-street parking space shall be provided as set out
above, and a required parking space shall be an area not less than nine (9) feet by twenty (20)
feet.
' The parking requirements listed previously are to be considered minimums. Development
activity not specifically addressed herein (for permitted uses) shall be as required by the zoning
' administrator, upon recommendation, as necessary, by the Planning Board. Conditional use
permitting situations will refer to this list as guidance. Additional parking may be required at the
discretion of the Board of Aldermen.
1
84

B. Minimum Loading Requirements
Off-street loading shall be provided and maintained as specified in the following schedule.
1. For uses containing a gross floor area of less than 20,000 square feet, each off-
street loading space shall have minimum dimensions of fifteen (15) feet in width
and thirty (30) feet in length.
2. For uses containing a gross floor area of 20,000 square feet or more, each off-
street loading space shall be fifteen (15) feet in width and forty-five (45) feet in
length as a minimum.
3. Uses which normally handle large quantities of goods, including, but not limited
to, industrial plants, wholesale establishments, storage warehouses, freight
terminals, hospitals or sanitariums, and retail sales establishments shall provide
off-street loading facilities in the following amounts:
Gross Floor Area
(Square Feet)
5,000--20,000
20,001--50,000
50,001--80,000
80,001--125,000
For each additional 45.000
Minimum Number of
Spaces Required
1
2
3
4
1 space is added
4. Uses which do not handle large quantities of goods, including, but not limited to,
office buildings, restaurants. funeral homes, hotels, motels, apartment buildings,
and places of public assembly, shall provide off-street loading facilities in the
following amounts:
Gross Floor Area
(Square Feet)
5,000--80,000
80,001--200,000
200,001--320,000
320,001--500,000
For each additional 180,000
Minimum Number of
Spaces Required
1
2
3
4
1 space is added
C. Additional Parking Requirements
1. Lighting — Accessways, walkways and parking areas shall be lighted adequately
by lighting fixtures which shall be so installed as to protect the street and
neighboring properties from direct or hazardous interference.
2. Improveinent, Design and Location Standards — All off-street parking, including
entrances, exits, maneuvering area and parking shall:
85

11
' a Have access to a dedicated street.
' b) Have all weather access drives or lanes which are at least ten (10) feet
wide for single lane movement and eighteen (18) feet wide for double lane
movement.
' c) Be graded (to include proper drainage).
d) Be permanently maintained by the owner
3. Off street parking areas for more than ten (10) vehicles shall be effectively
screened by a vegetive buffer, fence, or berm, or a combination of these screening
devices. The height of such screening device shall be a minimum of five (5) feet.
Such screening device shall be maintained in good condition. More stringent
' regulations may be applied or required on conditional use permit requests.
4. All parking lots that are used regularly (at least five (5) days per week) shall be
graded before initial use with at least a four (4) inch stone base or other suitable
' base material and be permanently maintained by the owner. More stringent
regulations may be applied or required on conditional use permit requests.
5. All parking facilities shall be designed so that the required access to public streets
' shall be by forward motion of vehicles exiting the parking facility.
n
1
86

Article VIII. Handicapped Parking Requirements
In addition to the use requirements for off-street parking detailed in number I above, a minimum
of one (1) parking space for the handicapped shall be provided at governmental buildings, public ,
or quasi -public buildings, professional offices, clinics, short and long term care facilities,
commercial facilities and any triplex residential units. An additional handicapped space shall be ,
provided in parking areas for each additional twenty-five (25) spaces above the initial twenty-five
(25) spaces. Each space must meet the State standards for handicapped accessibility and must be
visibly marked. '
The handicapped parking sign must meet State sign requirements. The State approved sign
which can be purchased through safety equipment companies is designated R7-8 or R7-8a. As of '
January 1, 1991, the State of North Carolina requires each handicapped parking sign to include a
statement indicating there is a $100 penalty imposed on anyone violating handicapped parking
laws. ,
(See illustrations in the Appendix)
1
1
87

IArticle IX. Bylaws for the Operation of the Town Of Richlands Planning Board
' A. General Rules:
The Town of Richlands Planning Board created by passage of a local Ordinance by the
' Richlands Board of Aldermen. The Planning Board shall be governed by that Ordinance,
and by Chapter 160A, Article 19 of the General Statutes of North Carolina, and these
Bylaws.
' B. Members and Terms of Office:
' The Planning Board shall consist of seven (7) members. Five (5) members shall be
citizens and residents of the Town of Richlands and shall be appointed by the Board of
' Aldermen. Two of the initial members shall be appointed for a term of one year; two, for
two years; and one for three years. Their successors shall be appointed for terms of three
years. Vacancies occurring for reasons other than expiration of terms shall be filled as
' they occur for the period for the unexpired term. Members may be removed for cause by
the Richlands Board of Aldermen. Two (2) members shall be appointed from the Town's
extra -territorial jurisdiction (ETJ) by the Onslow County Board of Commissioners. The
' ETJ membership is subject to approval, by vote, by the Town of Richlands Board of
Aldermen. ETJ members are appointed for a three (3) year term.
I
C. Officers and Duties:
1. Election of Officers: The Planning Board shall organize and elect a chairman,
vice-chairman, and secretan, at the regular meeting in July of each year. All
officers may succeed themselves.
' 2. The Chairman: The chairman shall preside at all meetings and public hearings
of the Planning Board; shall decide on all matters of order and procedure; shall
' appoint any committees necessary to study specific matters; shall develop a
meeting agenda with the assistance of the zoning administrator; and shall provide
the Richlands Board of Aldermen with an annual report of Planning Board
activities by May 30th of each year.
3. The Vice -Chairman: In the absence of the chairman, the vice-chairman shall
' perform all duties assigned to the chairman.
4. The Secretary: The secretary is charged with keeping the minutes of all regular
' meetings, special meetings, and public hearings called by the Planning Board.
The secretary, after conferring with the chairman, shall send notices of all regular
meetings, special meetings and public hearings at least four (4) days in advance of
the meeting and shall notify members by phone at least twenty-four (24) hours in
advance of special or emergency meetings. In addition, the secretary shall cant'
88

11a
on routine correspondence and maintain the Planning Board's records and files. '
The Secretary to the Planning Board will be a member of the Planning Board.
5. The Building Inspector:
County.
Meetings:
Inspection services will be provided by Onslow I
1. Regular Meetings: Regular meetings of the Planning Board shall be held on the
last Monday of each month. Unless special notice is given by the chairman all
meetings will begin at 7:00 p.m. and will be conducted at the Town Hall.
2. Special Meetings: Special meetings of the Planning Board may be called at any
time by the chairman or the vice-chairman acting in the absence of the chairman,
provided that a minimum of twenty-four (24) hours notice is given to members.
3. Quorum: A quorum shall consist of four (4) members.
4. Conduct of Meetings: All meetings shall be open to the public and public
comment or input shall be encouraged. The order of business at regular meetings
is subject to the discretion of the chairman. A generalized format for meetings
shall be as follows:
i. Call to order
ii. Approval of minutes of the previous meeting
iii. Old business
iv. New business
V. Committee reports
vi. Chairman's report
vii. Member comments
viii. Public comment
ix. Adjournment
5. Change of Bylaws: No change shall be made to these bylaws without the
affirmative vote of two-thirds (2/3) members of the Planning Board. Five (5)
votes shall constitute a meeting of that requirement.
6. Vote: Except as otherwise specified herein, the vote of a majority of those
members present shall be sufficient to decide matters coming before the Planning
Board, provided a quorum is present. Members shall be required to vote unless
excused by the chairman for reasons of financial or personal interest on the
subject. An abstention shall constitute an affirmative vote. Proceeding shall be
conducted according to Roberts Rules of Order.
89

'
7. Cancellation of Meetings: Whenever there is no business for the Planning
Board, the chairman may dispense with a regular meeting by giving notice to all
members.
'
8. Attendance: The Planning Board will request the Board of Aldermen to replace
any member missing three (3) consecutive regular meetings or fifty percent (50%)
or more of all meetings over a twelve (12) month period.
9. Agenda Preparation for Regular Meetings: The agenda for regular meetings
shall be prepared by the chairman with the assistance of the secretary. Only those
items requested by planning board members or those items properly filed with the
'
Town according to its ordinances shall be placed on the agenda. The public and
specific interests may appear for comment or input on any matter not on the
'
agenda at any meeting regular or special, but no formal action will be taken on
non -agenda items. This rule does not preclude public comment and input on
regular agenda items that will be acted upon. The agenda shall be circulated to all
'
members of the Planning Board, the Board of Aldermen, and the Town Clerk by
the Thursday prior to the regular meeting date.
'
E. Records:
'
1. Public Record: All records of the Planning Board shall be made available to the
in
public accordance with state statutes.
' 2. Retention: The secretary shall maintain a file of all studies, plans, reports,
recommendations, minutes. and correspondence of the Planning Board. The file
should be maintained at the Town Hall. Requests for copies shall be forwarded
' to, or addressed to the Town Clerk.
1 90

Article X. Town of Richlands Board of Adjustment
A. Board of Adjustment
A Board of Adjustment is hereby established. (In succeeding paragraphs of this section
the word "Board" shall mean the Board of Adjustment.) Said Board shall consist of five
(5) regular members and two (2) ETJ members. Appointments shall be made in the
following manner:
1. Regular Members: Five (5) regular members shall be appointed by the Board of
Aldermen from within the Town's corporate limits. Two (2) members shall be
appointed from the Town's extra -territorial jurisdiction (ETJ) area by the Onslow
County Board of Commissioners. The ETJ membership is subject to approval, by
vote, of the Town of Richlands' Board of Aldermen. All members shall be
entitled to vote on all issues regardless of area of appointment. Initial
appointments for regular members shall be as follows: Two (2) members shall be
appointed for a term of three (3) years and two (2) members shall be appointed for
a term of two (2) years. The ETJ members will be appointed initially for one (1)
year. Following initial appointment all terms will be for three (3) years. All
appointments to fill vacancies shall be for the unexpired term.
2. Alternate Members: Two (2) alternate members shall be appointed from within
the Town's corporate limits. When called to serve in the place of a regular
member, an alternate member shall have all the rights and responsibilities of the
regular member, including a right to vote on all issues brought before the Board.
Initial appointments for alternate members shall be as follows: One (1) member
shall be appointed for a term of three (3) years, one (1) member shall be appointed
for a term of two (2) years. All subsequent appointments shall be for a period of
three (3) years. All appointments to fill vacancies shall be for the unexpired term.
3. A Quorum: A quorum shall consist of five (5) members.
All meetings of the Board shall be held at a regular place and be open to the public. The
Board shall keep minutes of its proceedings in a file maintained for that purpose. The
minutes shall show those members present, the nature of the issue, facts presented as
evidence, findings of fact by the Board, and the decision of the Board (including a record
by name of each member's vote). The minutes shall be considered public record. No
action shall be taken on any matter unless a quorum is present.
An appeal from the decision of the Zoning Administrator may be taken to the Board of
Adjustment by any person aggrieved or any officer, department, board or bureau of the
Town affected by such decision. Such appeal shall be taken within a reasonable time as
provided by the rules of the Board by filing with the officer from whom the appeal is
taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof.
91

11
I
I
I
The officer from whom the appeal is taken shall forthwith transmit to the Board all papers
constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the
officer from whom the appeal is taken certifies to the Board that by reasons of facts stated
in the certificate a stay would in his opinion cause imminent peril to life or property. In
such case proceedings shall not be stayed otherwise than by restraining order which may
be granted by the Board or by State or Federal court of record on application of notice to
the officer from whom the appeal is taken and on due cause shown.
The Board of Adjustment shall have the following powers:
1. To hear and decide appeals where it is alleged that there is error in any order,
requirement, decision or determination made by the Zoning Administrator. The
concurring vote of four fifths of the Board shall be necessary to reverse any order,
requirement, decision or determination of the Zoning Administrator to decide in
favor of the applicant any matter which it is required to pass under the zoning
ordinance, or to grant any variance in such ordinance.
2. To permit a temporary building for business or industry in the residential zone,
which is incidental to the residential development, such permit to be issued for a
period of not more than one (1) year.
3. To permit a garage, other than a private garage, but for storage purposes only, as
an accessory building to a hotel, hospital or similar institution in the residential
zone where it is deemed necessary for the public convenience or welfare and
where this can be done without substantially deviating from the intent and
purposes of this ordinance.
4. To authorize upon appeal in specific cases variance from the terms of this
ordinance as will not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of this ordinance will result in
undue hardship, and so that the spirit of this ordinance shall be observed and
substantial justice done.
In considering all proposed variances of this ordinance, the Board shall before
making any finding in a specified case, first determine that the proposed variance
will not constitute any change in the zones shown on the zoning map and will not
impair an adequate supply of light and air to adjacent property, or materially
increase the public danger of fire, or materially diminish or impair established
property values within the surrounding area, or in any other respect impair the
public health, safety, morals, and general welfare.
92

In granting a variance the Board may attach thereto such conditions regarding the
location, character and other features of the proposed building, structure or use as
it may deem advisable in furtherance of the purposes of this ordinance.
Before a variance is granted, it shall be shown that special circumstances attach to
the property which do not generally apply to other property in the neighborhood.
A variance may be granted only when the practical difficulty of undue hardship
complained of is due to the particular characteristics of the property and not to the
general conditions of the neighborhood which may reflect an undue stringency of
the ordinance itself. A hardship peculiar to the applicant, as distinguished from
others affected by the general rule, must be shown. The fact that property may be
utilized more profitably will not be considered adequate to justify the Board in
granting a variance. (Economic circumstances do not constitute grounds for a
variance.)
Any person or persons, jointly or severally, aggrieved by any decisions of the Board, or
any taxpayer, or an), officer, department. board or bureau of the Town of Richlands may
within thirty (30) days after the filing of the decision with the Town Clerk, but not
thereafter, present to a court of competent jurisdiction, a petition duly verified, setting
forth that such decision is illegal, in whole or in part, specifying the grounds of illegality,
whereupon such decision of said Board shall be subject to review as provided by law.
Decisions of the Board shall be delivered to the applicant either by personal service, by
registered mail, or by certified mail (return receipt requested).
General Rules:
The Zoning Board of Adjustment shall be governed by the terms of Chapter 160A,
Article 19, Part 3 of the North Carolina General Statutes and by the Zoning Ordinance of
the Town of Richlands. All members of the Board shall thoroughly familiarize
themselves with these laws. The Board of Adjustment shall consist of five (5) regular
members and two (2) ETJ members. (A quorum is four (5) members.)
C. Officers And Duties:
1. CHAIRMAN: The Chairman shall be a regular member and be elected by the
regular members of the Board of Adjustment. The Chairman's term of office shall
be one (1) year beginning on July I st. The Chairman shall be eligible for
reappointment. The Chairman shall preside over the meetings and shall decide on
all points of order and procedure, subject to these rules, unless directed otherwise
by a majority of the Board in session at the time. The Chairman shall appoint any
committees found necessary to investigate any matter before the Board.
2. VICE-CHAIRMAN: The Vice -Chairman shall be a regular member elected by '
the regular members of the Board. The Vice -Chairman's term of office shall be
for one (1) year beginning July 1 st. The Vice -Chairman shall serve as Chairman
93

[a
n
E.
LIII
in the absence of the Chairman and at such times shall have the same powers and
duties as the Chairman. The Vice -Chairman shall be eligible for reappointment.
3. SECRETARY/CLERK: The Secretary/Clerk shall be a regular member elected
by the regular members of the Board of Adjustment and shall serve for a period of
one (1) year beginning January 1 st. The Secretary/Clerk, subject to the direction
of the Chairman and the Board, shall keep all records, conduct all correspondence
of the Board, notify members of pending meetings and their agenda, and shall
generally supervise the clerical work of the Board. The Secretary/Clerk shall keep
the minutes of every Board meeting in a permanent volume. The minutes shall
show those members present, the nature of the issue, facts presented as evidence,
findings of fact by the Board, and the decision of the Board, including a record, by
name, of each member's vote. The Secretary/Clerk shall be eligible for
reappointment. (Arranging for all required notices and notifying interested parties
of the Board's decisions. shall be the responsibility of the Zoning Administrator.
The Zoning Administrator will prepare the minutes of the Board of Adjustment
under the supervision of the Secretary/Clerk.)
Alternate Members:
Two alternate members will be appointed. Alternate members of the Board shall be
notified of all meetings and hearings. They will be called on for active participation by
the chairman only when one or more regular members are absent or are unable to
participate in hearing a case because of financial or other interest. Regular members, on
receiving notice of a special meeting that the}, cannot attend or on learning that they will
be unable to participate in a particular case, shall give prompt notice to the Board
Secretary/Clerk that they are unable to attend or to participate. On receiving such notice,
the Secretary/Clerk shall, by the most expeditious means, notify an alternate member to
attend. Assignments shall be rotated among the alternate members. At any meeting that
they are called on to attend, alternate members shall have the same powers and duties as
regular members. At no time shall more than five (7) members participate officially in
any meeting or hearing.
Rules of Conduct For Members:
1. Members of the Board may be removed for cause, including violation of the rules
stated below.
2. Faithful attendance at all Board meetings and conscientious performance of the
duties required of Board members shall be considered a prerequisite of continuing
membership on the Board.
3. No Board member shall take part in the hearing, consideration, or determination
of any case in which he is personally or financially interested.
94

F.
G.
4. No Board member shall discuss any case with any parties thereto before the public
hearing on that case; provided, however, that members may receive and/or seek
information pertaining to the case from any other member of the Board, its
secretary, or Clerk before the hearing.
5. No Board member shall vote on any matter that decides an application or appeal I
unless he has attended the public hearing on that application or appeal.
6. Members of the Board shall not express individual opinions on the proper
judgment of any case with any parties thereto before that case is determined.
Violation of this rule shall be cause for dismissal from the Board.
Meetings:
1. TIME: The Board of Adjustment shall not hold regularly scheduled meetings.
Meetings will be called as needed and each member shall be given at least 48
hours notice prior to the meeting. The meeting shall be held as soon as possible
after receiving application for appeal or hearing but shall not be delayed more than
30 days. Meetings shall be held at the Town Hall at a time and date designated by
the Board.
2. QUORUM: A quorum shall consist of four (5) members.
3. VOTING: All regular members may vote on any issue unless they have
disqualified themselves for one or more of the reasons listed in Section IV. The
required vote to decide appeals and applications shall be as provided in Section
VI, D, 3, and shall not be reduced by any disqualification. In all other matters the
vote of a majority of the members present and voting shall decide issues before
the Board.
4. CONDUCT OF MEETINGS: All meetings shall be open to the public. The
order of business at meetings shall be as follows: a) roll call; b) approval of
minutes of the previous meetings; c) hearing of cases; d) reports of committees;
e) unfinished business; f) consideration and determination of cases heard.
Appeals and Applications:
1. TYPES OF APPEALS: The Board shall hear and decide all appeals from and
review any order, requirement, decision, or determination made by the Building
Inspector or Zoning Administrator. It shall also hear and decide all matters
referred to it or on which the Zoning Ordinance of the Town of Richlands requires
it to pass. In deciding appeals, the Board may hear both those cases based upon
an allegedly improper or erroneous interpretation of the ordinance and those based
upon alleged hardship resulting from strict interpretation of the Ordinance.
95

r
2. PROCEDURE FOR FILING APPEALS: No appeal shall be heard by the
Board unless notice thereof is filed within thirty (30) days after the interested
party or parties receive notice of the order, requirement, decision, or determination
by the Building Inspector and/or Zoning Administrator. The applicant must file
his application for a hearing with the Zoning Administrator, who shall act as clerk
for the Board in receiving this notice. All applications shall be made on the form
furnished for that purpose, and all information required thereon shall be complete
before an appeal may be considered as having been filed.
3. HEARINGS:
TIME: After notice of appeal is received, the Board Chairman shall
schedule a time for the hearing. The hearing shall be held as soon as
possible after the notice of appeal is received but shall not be delayed more
than thirty (30) days.
ii. NOTICE: The board shall give notice of the hearing in a newspaper of
general circulation by advertisement published at least five (5) days before
the date of the hearing. The Board shall cause to be posted notice of the
hearing on the property in question at least five (5) days before the hearing.
Such notice shall state the location of the building or lot, the general nature
of the question involved in the appeal, and the time and place of the
hearing.
iii. CONDUCT OF THE HEARING: Any party may appear in person, by
agent, or by attorney at the hearing. The order of business for each hearing
shall be as follows: a) the chairman, or such person as he shall direct, shall
give a preliminary statement of the case; b) the applicant shall present the
evidence and arguments in support of his application; c) persons opposed
to granting the application shall present evidence and arguments against
the application; d) both sides shall be permitted to present rebuttals to
opposing evidence and arguments; e) the chairman shall summarize the
evidence that has been presented, giving the parties opportunity to make
objections or convections. Witnesses may be called and factual evidence
may be submitted, but the Board shall not be limited to consideration of
such evidence as would be admissible in a court of law. The Board may
view the premises before the hearing, but the facts indicated by such
inspection shall be disclosed at the public hearing and made a part of the
record. All witnesses before the Board shall be placed under oath, and the
opposing party may cross-examine them.
iv. REHEARINGS: An application for a rehearing may be made in the same
manner as an application for an original hearing. Evidence in support of
the application shall initially be limited to what is necessary to enable the
Board to determine whether there has been a substantial change in the
96

4.
facts, evidence, or conditions in the case. The Board shall deny the
application for rehearing if, from the record, it finds that there has been no
substantial change in facts, evidence, or conditions. If the Board finds that
a change has occurred, it shall thereupon treat the request in the same
manner as any other application.
DECISIONS: Decisions by the Board shall be made not later than thirty (30)
days from the time of the hearing.
i. FORM: The Board's final decision shall be shown in the record of the
case as entered in the Board's minutes and signed by the Secretary/Clerk
and the chairman on approval of the minutes by the Board. Such record
shall show the reasons for the determinations, with a summary of the
evidence introduced and the findings of fact made by the Board. When a
variance is granted, the record shall state in detail any exceptional
difficulty or unnecessary hardship upon which the appeal was based and
which the Board finds to exist. The decision may reverse or affirm, wholly
or partly, or modify the order, requirement, decision, or determination
appealed from. The record shall state in detail what, if any, conditions and
safeguards the Board imposes in connection with granting of a variance. A
separate record of the decision of each case shall be prepared, filed in the
Town Clerk's Office, and furnished to the parties as specified in subsection
5.
ii. EXPIRATION OF PERMITS: Unless otherwise specified, any order or
decision of the Board granting a variance shall expire if the applicant does
not obtain a building permit or certificate of occupancy for such use within
six (6) months from the date of the decision.
iii. VOTING AT HEARINGS: The concurring vote of four -fifths of the
Board members shall be necessary to reverse any order, requirement,
decision, or determination of the Building Inspector and/or Zoning
Administrator, to decide in favor of the applicant any matter on which the
Board is required by ordinance to pass, or to grant a variance from the
ordinance provisions.
iv. NOTICE AND PUBLIC RECORD OF DECISIONS: The
Secretary/Clerk shall give written notice of the decision in the case to the
appellant and/or the applicant and to every aggrieved party who has filed a
written request for such notice with the Secretary/Clerk or the Chairman of
the Board when the hearing is held. A copy of the decision shall also be
filed in the Town Clerk's office. The decision shall be a public record,
available for inspection at all reasonable times.
97

H. Amendments:
These rules may, within the limits allowed by law, be amended at any time by an
affirmative vote of not less than three (3) members of the Board, provided that such
amendment be presented in writing at a regular or special meeting before the meeting at
which the vote is taken.
98

VESTED RIGHT APPLICATION FORM
CERTIFICATION THAT A STATUTORY ZONING VESTED
RIGHT IS BEING SOUGHT PURSUANT TO GS 160A-385.1
As applicant for (identify land use approval or permit that is being sought), I hereby certify that I
am also seeking to acquire a vested right pursuant to GS 160A-385.1 and Article V of the Town
Code.
If the Town Code provides that the approval authority for the type of land use approval or permit
for which I am applying is a board, committee or administrative official other than the Richlands
Board of Aldermen or Board of Adjustment, I understand and agree that my application will be
considered and acted on by the Richlands Board of Aldermen, following notice and a public
hearing.
Date
Applicant
99