Zoning Ordinance-1989

TOWN OF VANDEMERE
ZONING ORDINANCE
PREPARED FOR
COMMISSIONERS
VANDEMERE BOARD OF
BY
TALBERT, COX & ASSOCIATES, INC.,
AN ESPEY, HUSTON COMPANY
SEPTEMBER, 1989
The preparation of this document was financed in part through a
grant provided by the North Carolina Coastal Management Program,
with funds provided by the Coastal Zone Management Act of 1972, as
amended, which is administered by the Office of Ocean and Coastal
Resource Management, National Oceanic and Atmospheric Administra-
tion.
PROPERTY OF
DIVISION OF COASTAL MANAGEMENT
PLEASE DO NOT REMOVE

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TOWN OF VANDEMERE
ZONING ORDINANCE
PREPARED FOR
VANDEMERE BOARD OF COMMISSIONERS
BY
TALBERT, COX & ASSOCIATES, INC.,
AN ESPEY, HUSTON COMPANY
SEPTEMBER, 1989
The preparation of this document was financed in part through a
grant provided by the North Carolina Coastal Management Program,
with funds provided by the Coastal Zone Management Act of 1972, as
amended, which is administered by the Office of Ocean and Coastal
Resource Management, National Oceanic and Atmospheric Administra-
tion.

TABLE OF CONTENTS
Page No.
SECTION
1.0
- Introduction
1
SECTION
2.0
- General Provisions
2
SECTION
3.0
- Zoning Districts and Boundaries
4
SECTION
4.0
- District Regulations
5
SECTION
5.0
- Table of Permitted Uses
8
SECTION
6.0
- Provisions for Special Uses
22
SECTION
7.0
- Nonconforming Lots, Structures, and
Uses 30
SECTION
8.0
—Off-Street Parking and Loading
32
SECTION
9.0
- Sign Regulations
37
SECTION
10.0
- Administration and Enforcement
43
SECTION
11.0
- Amendments
45
SECTION
12.0
- Board of Adjustment
48
SECTION
13.0
- Legal Provisions
50
SECTION
14.0
- Definitions and Word Interpretations
53
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iSECTION 1.0 INTRODUCTION
1.1 Authority
This Ordinance is adopted under the authority granted by
Charter 160A, Article 19, Part 3, of the North Carolina
General Statutes and Amendments thereto. The Town Board
of Commissioners of the Town of Vandemere, North
Carolina, does ordain as follows:
1.2 Title
This Ordinance shall be known as, referred to, and cited
as the "ZONING ORDINANCE, VANDEMERE, NORTH CAROLINA," and
hereinafter referred as the "Ordinance"; and the map
herein referred to as the "Zoning Map."
1.3 Official Zoning District Map
A new Zoning Map is hereby adopted and made the official
Zoning District Map and a part of this Zoning Ordinance
for the Town of Vandemere. The Zoning District Map shall
be a map with the various zoned districts designated.
Said map shall be the legal document physically and
graphically describing the areas to be zoned under the
provisions of this Ordinance. The map shall be titled
and denote any one or more of the various zoning land use
classifications of this Ordinance.
1.4 Purpose
The purpose of this Ordinance is to promote the public's
health, safety, morals, aesthetics, general welfare, and
provide for the orderly growth, expansion, and develop-
ment of Vandemere, North Carolina.
1.5 Intent
V It is the general intent of this Ordinance to:
1. Regulate and restrict the use of all struct-
ures, lands, and waters within Town limits of
Vandemere.
2. Regulate and restrict lot coverage, population
density and distribution, and location and size
of all structures within Town limits of
Vandemere.
3. Implement the Town's Land Use Plan (sketch
level) prepared in accordance with the Coastal
Area Management Act (LAMA) of 1974 and adopted
by the Town so as to:
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Promote that quality p of development which will
offer the maximum reasonable enhancement of the
natural and economic resources of the Town.
SECTION 2.0 GENERAL PROVISIONS
2.1 Zoning Affects Every Building and Use
No building or land shall hereafter be used and no
building or part thereof shall be erected, moved or
altered except in conformity with the regulation herein
specified for the district in which it is located.
' 2.2 Bona Fide Farms Exempt
This Ordinance shall in no way regulate, restrict,
prohibit, or otherwise deter any bona fide farm and its
related uses, except that any use of such property for
non -farm purposes shall be subject to such regulations.
2.3 Required Yards Not to be Used by Building
The minimum yards or other open spaces required by this
Ordinance for each and every building hereafter erected,
moved, or structurally altered shall not be encroached
upon or considered as meeting the yard or open space
requirements of any other building. Where double front-
age lots occur, the required front yard shall be provided
on both streets.
2.4 Relationship of Building to Lot
Every building hereafter erected, moved, or structurally
altered shall be located on a lot and in no case shall
there be more than one principal building and its cus-
tomary accessory buildings on the lot except in the case
of a designed complex of institutional, residential,
commercial, or industrial buildings in an appropriate
zoning district, i.e., school campus, cluster housing,
shopping center, research park, etc.
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2.5 Street Access
No building shall be erected on a lot which does not abut
a street or have access to a street, provided that in a
designed shopping center in a business district, or a
planned project in a residential district, a building may
be erected adjoining a parking area or other dedicated
open space used in common with other lots.
2.6 Reduction of Lot and Yard Areas Prohibited
No yard or lot existing at the time of passage of this
Ordinance shall be reduced in size or area below the
minimum requirements set forth herein. Yards of lots
created after the effective date of this Ordinance shall
meet at least the minimum requirements established by
this Ordinance.
2.7 Business Uses of Mobile Homes and Travel Trailers
No mobile home or travel trailer shall be used as an
office or in any manner for business or commercial pur-
poses, except when used for temporary purposes, such as
construction offices, blood mobiles, book mobiles,
traveling museums, and political offices for no more than
48 hours at one site.
2.8 Rules for Interpretation and Endorsement in Each District
' 1. Permitted Uses. Uses are permitted by right.
2. Conditional Uses. Uses are permitted subject
to the additional conditions imposed and
approved by the Board of Adjustment.
3. Accessory Uses and structures are permitted in
any district, but not until their principal
structure is present or under construction.
Uses accessory to residential district develop-
ments shall not involve the conduct of any
business trade or industry, except for home
occupations as defined herein. Residential
uses accessory.to agricultural, business, and
industrial district uses shall comply with all
the provisions of the Residential District.
4. Uses Not Specified in this Ordinance may be
permitted by the Board of Adjustment, provided
such uses are similar in character to the per-
mitted uses in the district.
5. Temporary Uses, such as real estate sales field
offices or shelters for materials and equipment
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being used in the construction of a permanent
structure, may be permitted by the Board of
Adjustment.
6. Minimum Regulations. Regulations set forth by
this Ordinance shall be minimum regulations. If
the district requirements set forth in this
Ordinance are at variance with the regulations
of any other lawfully -adopted rules, regula-
tions, or other ordinance, the more restrictive
or higher standard shall govern.
7. Land Covenants. Nothing in this Ordinance
shall modify or repeal any deed restriction,
but no such restrictions shall constitute a
means for developing less than prescribed
herein.
SECTION 3.0 ZONING DISTRICTS AND BOUNDARIES
3.1 Zoning Districts
In order to achieve the purposes of this Ordinance as set
forth in the introduction, the Town of Vandemere zoning
area is hereby divided into the zoning districts listed
below:
R-20 Residential District
R-10 Residential District
A-1 Agricultural District
B-1 Business
3.2 District Boundaries
The boundaries of the zones are shown upon the map
accompanying this Ordinance and made a part hereof,
entitled "Zoning District Map, Town of Vandemere, North
Carolina." The Zoning Map and all the notations, refer-
ences, and all amendments thereto, and other information
shown thereon, are hereby made a part of this Ordinance
the same as if such information set forth on the map were
all fully described and set out herein. The Zoning Map
properly attested is on file in the office of the Town
Clerk and is available for inspection by the public.
3.3 District Boundaries Established
The boundaries of zones, as are shown upon the map
adopted by this Ordinance, are hereby adopted and the
provisions of this Ordinance governing the use of land
and buildings, the height of buildings, building site
areas, the sizes of yards about buildings, and other
matters as hereinafter set forth are hereby established
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and declared to be in effect upon all land included with-
in the boundaries of each and every zone shown upon said
map.
3.4 Interpretation of District Boundaries
Where uncertainty exists as to boundaries of any zone
shown on said map, the following rules shall apply:
1. Where such zone boundaries are indicated as
approximately following street lines, alley
lines, and lot lines, such lines shall be con-
strued to be such boundaries.
2. In unsubdivided property or where a zone boun-
dary divides a lot, the location of such boun-
dary, unless the same is indicated by dimen-
sions, shall be determined by use of the scale
appearing on the map.
3. In case any further uncertainty exists, the
Board of Adjustment shall interpret the intent
of the map as to location of such boundaries.
4. Where any street or alley is hereafter offi-
cially vacated or abandoned, the regulations
applicable to each parcel of abutting property
shall apply to that portion of such street or
alley added thereto by virtue of such vacation
or abandonment.
SECTION 4.0 DISTRICT REGULATIONS
Within the districts as indicated on the Zoning Map, no building or
land shall be used and no building shall be erected or altered
which is intended or designed to be used in whole or in part for
any use other than those listed as permitted for that district in
this section.
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4.1 R-20: Residential District
This district is established as a district in which the
principal use of land is for low density residential
purposes. In promoting the general purposes of this
Ordinance, the specific intent of this subsection is:
1. To encourage the construction of and continued
use of the land for low density, single-family
residential purposes.
2. To prohibit commercial and industrial use of
the land and to prohibit any other use which
would substantially interfere with the devel-
opment or continuation of dwellings in the dis-
trict.
3. To encourage the discontinuation of existing
uses that would not be permitted as new uses
under the provisions of this subsection.
4. To discourage any use which would generate
traffic on minor streets, other than normal
traffic, to serve the residences on those
streets. Allowable uses in this district are
shown in Section 5.0, "Table of Permitted
Uses."
4.2 R-10: Residential District
A This district is established as a district in which the
principal use of land is for medium density residential
purposes where water and/or sewer services are available.
In promoting the general purposes of this Ordinance, the
specific intent of this subsection is:
1. To encourage the construction of and continued
use of the land for medium density, single-
family residential purposes where water and/or
sewer services are available. Also, mobile
homes on individual lots shall be permitted in
the R-10 District.
2. To prohibit commercial and industrial use of
the land and to prohibit any other use which
would substantially interfere with the devel-
opment or continuation of dwellings in the dis-
trict.
3. To encourage the discontinuation of existing
uses that would not be permitted as new uses
under the provisions of this subsection.

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4. To discourage any use which would generate
traffic on minor streets, other than normal
traffic, to --serve the residences on those
streets. Allowable uses in this district are
shown in section 5.0, "Table of Permitted
Uses."
A4.3 B-1: Business District
The B-1 Business District is established as a zone in
which the use of the land is for commercial and service
uses for the surrounding general area. In promoting the
general purposes of this Ordinance, the specific intent
rr of this subsection is:
1.
To encourage the construction and the continued
use of the land for commercial and service
uses.
2.
To provide for the orderly expansion of such
uses within the B-1 Business District, as
designed on the Zoning Map.
3.
To prohibit heavier commercial and industrial
use of land and to prohibit uses which would
substantially interfere with the continuation
of the uses presently in the district or with
the orderly growth of the district to meet the
needs of increased population in the market
area.
4.
To encourage the discontinuance of existing
uses that would not be permitted as new uses
under the provisions of this subsection.
5.
To permit a concentrated, intensive development
of the permitted uses while maintaining a sub-
stantial relationship between the intensity of
land use and the capacity of utilities and
streets.
This district is designed to accommodate retail or ser-
vice establishments customarily patronized by transient .
traffic, as well as non -transient traffic. Allowable
uses in this district are shown in section 5.0, "Table of
Permitted Uses."
4.4 A-1: Agricultural District
This district is established as large, open undeveloped
land areas. The regulations and uses of this district
are designed to retain the open characteristics of the
land. The number of permitted uses, therefore, are
limited. Agricultural, forestry, and very low -density
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residential uses are permitted. Allowable uses in this
district are shown in Section 5.0, "Table of Permitted
Uses."
SECTION 5.0 TABLE OF PERMITTED USES
This section contains a detailed listing of the allowable uses
permitted within each of the Town of Vandemere's zoning districts.
Districts in which particular uses are permitted as a Use -by -Right
are indicated by "X." Districts in which particular uses are per-
mitted as a Use -by -Right with certain conditions are indicated by
"X" with a reference to a footnote to this Table.
Districts in which particular uses are permitted as a Special Use
upon approval of the Board of Adjustment, are indicated by "S."
See Table of Special Uses for details of each Special Use.
Districts in which particular uses are prohibited are indicated by
a blank.
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D I S T R I C T S
PERMITTED USES
A-1
R-20
B-1
R-10
AUTOMOBILE AND TRUCK RENTAL
X
AUTOMOBILE REPAIR AND/OR BODY
WORK (excluding commercial
wrecking, dismantling, or
storage of junked vehicles)
X
AUTOMOBILE SALES, NEW AND USED
X
AUTOMOBILE SERVICE STATION
OPERATIONS
X
AUTOMOBILE LAUNDERING
X
BAKERY PRODUCTION AND WHOLESALE
SALES
X
BAKING, ON -PREMISES AND RETAIL
ONLY
X
BANK, SAVINGS & LOAN COMPANY &
OTHER FINANCIAL ACTIVITIES
X
BARBER OR BEAUTY COLLEGE
INSTRUCTION
X
BARBERING & HAIRDRESSING SERVICES
X
BICYCLE SALES & REPAIR
X
BLACKSMITH SERVICES
X
BOATS AND ACCESSORIES, RETAIL
SALES AND SERVICE
S
X
BOOKS AND PRINTED MATTER,
DISTRIBUTION
X
BOOK BINDING
BOTTLED GAS DISTRIBUTION, BULK
STORAGE (See Note 2)
BOTTLING
BUILDING SUPPLY (no outside
storage)
X
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D I S T R I C T S
PERMITTED USES
A-1
R-20
B-1
R-10
BUILDING SUPPLY (with outside
storage) (See Note 1)
BUS REPAIR AND STORAGE TERMINAL
ACTIVITIES
X
BUS STATION ACTIVITIES
X
CABINETMAKING
CANDY OR CONFECTIONERY MAKING ON
PREMISES & RETAIL ONLY
X
CARPET AND RUG CLEANING
X
CATALOGUE SALES
X
CEMETERY
S
S
S
CHURCH
X
X
X
CLINIC SERVICES, MEDICAL &
DENTAL
X
CLUB OR LODGE
X
COAL SALES & STORAGE
S
CONTRACTOR, GENERAL (excluding
outside storage of equipment or
supplies)
X
CONTRACTOR, GENERAL (with out-
side storage of equipment or
supplies) (See Note 1)
CONSTRUCTION STORAGE (See Note 1)
CONTRACTOR, TRADES (excluding
outside storage of equipment or
supplies)
X
CONTRACTOR TRADES (with outside
storage of equipment or supplies)
(See Note 1)
CURIO AND SOUVENIR SALES
X
DAIRY PRODUCTS SALES, ON
PREMISES, RETAIL SALES ONLY
X
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D I S T R I C T S
PERMITTED USES
A-1
R-20
B-1
R-10
DAIRY PRODUCTS, SALES & PRO-
CESSING
X
DAY CARE CENTER (kindergarten)
X
X
X
X
DELICATESSEN OPERATION
(including catering)
X
DRY CLEANING & LAUNDRY, COM-
MERCIAL (See Note 3)
X
DRY CLEANING OR LAUNDERING
(customer self-service) (See
Note 3)
X
DWELLING, SINGLE-FAMILY
X
X
X
DWELLING, TWO-FAMILY
X
X
X
EATING OR DRINKING FACILITIES
(drive-ins excluded)
X
EATING OR DRINKING FACILITIES
(drive-ins included)
X
EMPLOYEES' SERVICE (not designed
for or available to public
customers)
X
EXTERMINATING SERVICE
X
FAIRGROUND ACTIVITIES (including
carnivals & circuses) .
X
X
FARM MACHINERY SALES AND SER-
VICING
X
FARM SUPPLIES MERCHANDISING
(excluding farm machinery)
X
FIRE STATION OPERATIONS
X
X
FLOWER SHOP
X
FOOD SALES
X
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D I S T R I C T S
PERMITTED USES
A-1
R-20
B-1'
R-10
FOOD FREEZER OPERATIONS
X
FUNERAL HOME
X
FUR SALES,. INCLUDING COLD STORAGE
X
GAME FARM
X
HARDWARE, PAINT, & GARDEN SUPPLY
SALES
X
HATCHERY OPERATIONS
X
HOME CARE UNIT
S
S
S
HOME FOR THE AGED
S
S
S
HOME FURNISHING & APPLIANCE SALES
X
HOME OCCUPATION (See Note 4)
X
X
X
ICE MANUFACTURING
INDUSTRIAL SALES OF EQUIPMENT OR
REPAIR SERVICE
INDUSTRIAL OPERATIONS NOT OTHER-
WISE LISTED HEREIN (except the
uses listed in Note 5)
JANITORIAL SERVICE
X
KENNEL OPERATIONS, CARE
X
LABORATORY OPERATIONS, MEDICAL
OR DENTAL
X
LABORATORY RESEARCH
LIBRARY
X
LIVESTOCK SALES & AUCTIONING
S
LOCKSMITH, GUNSMITH
X
MACHINE TOOL MANUFACTURING OR
WELDING
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D I S T R I C T S
PERMITTED USES
A-1
R-20
B-1
R-10
MOBILE HOME(Individual Residence
X
MOBILE HOME (Individual) for
Office and Exhibition
S
S
MOBILE HOME SALES but excluding
any residential occupancy
X
MOTEL, HOTEL, OR MOTOR COURT
OPERATIONS
X
MONUMENT SALES
X
MONUMENT WORKS
NEWSPAPER PUBLISHING
X
NEWSSTAND SALES
X
NURSERY OPERATION (Plant)
X
X
NURSING HOME
X
X
X
OFFICE USE of a doctor, dentist,
osteopath, chiropractor, optom-
etrist, physiotherapist, or other
medically -oriented profession
X
OFFICE USE with no on -premises
stock of goods for sale to the
general public and the operations
and services of which are custom-
arily conducted by means of writ-
ten, verbal, or mechanically re-
produced communications material
X
OFFICE SUPPLIES & EQUIPMENT SALES
AND SERVICE
X
OPTICIAN SERVICE
X
PAWN SHOP
X
PET SALES, excluding kennel
activities or outside storage
of animals
X
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D I S T R I C T S
PERMITTED USES
A-1
R-20
B-1
R-10
RETAINING OR SERVICING with oper-
ations conducted and merchandise
stored inside and/or outside a
building and not otherwise listed
below (See Note 2)
X
RETAILING OR SERVICING with oper-
ations conducted and merchandise
stored entirely within a building
and not otherwise listed herein
X
RIDING ACADEMY ACTIVITY
X
SECOND-HAND AND SWAP SHOP SALES
X
SCHOOL, BUSINESS & COMMERCIAL
X
SCHOOL, PRIVATE, ELEMENTARY, OR
SECONDARY
S
S
S
SCHOOL, PUBLIC
X
X
SCHOOL, TRADE OR VOCATIONAL
X
SHEET METAL FABRICATION
SIGN
See section for permitted
areas and regulations
SIGN, OUTDOOR ADVERTISING
(See Section)
X
SIGN, PUBLIC SERVICE INFORMATION
X
STORAGE, FLAMMABLES (See Note 2)
STORAGE, OPEN (See Note 1)
STORAGE, WAREHOUSE
X
TAILORING (dressmaking)
X
TAXICAB STAND OPERATIONS
X
TEACHING OR ART, MUSIC, DANCE,
DRAMATICS, OR OTHER FINE ARTS
X
TELEPHONE EXCHANGE OPERATIONS
S
S
X
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D I S T R I C T S
PERMITTED USES
A-1
R-20
B-1
R-10
TEMPORARY CONSTRUCTION BUILDING
X
X
X
X
THEATER PRODUCTIONS, INDOOR
X
THEATER PRODUCTIONS, OUTDOOR
K
TIRE RECAPPING (See Note 1)
X
TOBACCO SALES WAREHOUSING
X
TOURIST HOME OPERATIONS
S
S
X
TRAILER RENTALS
X
X
TRUCK TERMINAL ACTIVITIES REPAIR
& HAULING AND/OR STORAGE
S
UPHOLSTERING OR FURNITURE
REFINISHING
X
VARIETY GIFT & HOBBY SUPPLY SALES
X
VENDING MACHINE RENTAL
X
WHOLESALE SALES with operations
conducted and merchandise stored
entirely within a building and
not otherwise listed herein
X
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SECTION 5.1 NOTES -TO THE TABLE OF PERMITTED USES
Note 1. Accessory Uses -
In B-1 District, there shall be no open storage as an
accessory use. No permanent residential occupancy shall
be allowed as an accessory use in the B-1 District. An
accessory use in R-20, R-10, or A-1 Districts shall not
include the residential occupancy of an accessory build-
ing, except by domestic employees on the premises and the
immediate families of such employees. Swimming pools as
an accessory use in A-1, R-10, or R-20 Districts shall be
enclosed by protective fencing not less than five feet in
height.
Note 2. Storage of Flammables
The storage of flammables shall not be permitted or con-
sidered a Use -by -Right except when such authorization for
said use is given by the Pamlico County Fire Marshall
relative to compliance of proposed storage facilities
with State and Pamlico County fire regulations.
Note 3. Dry Cleaning or Laundering
Dry cleaning and laundry establishments shall be permit-
ted when only oil, gas, or electricity is used for heat.
Screening and filtering devices shall be used to prevent
the emission of smoke, dust, fumes, odors, or steam into
the atmosphere.
Note 4. Home Occupation
Home occupations are permitted only as an incidental use
and are limited to the following:
a. The office or studio of a physician, artist
(not inclusive of a studio of a commercial pho-
tographer), general or trades contractor, musi-
cian, insurance agent, lawyer, real estate bro-
ker, teacher, or other like professional person
residing on the premises, provided no chattels
or goods, wares, or merchandises are commer-
cially created, displayed, exchanged, or sold.
b. Workshops not conducted for profit.
C. Customary home occupations, such as millinery,
dressmaking, laundering, or pressing and tail-
oring conducted by a person residing on the
premises.
d. Rooming and/or board of not more than three
persons for which a rent is charged.
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e.
Single operator beauty shop
Provided furthermore the home occupations listed above
shall be permitted subject to the following limitations:
o
No display of products.
o
No mechanical equipment shall be installed or
used except such that is normally used for
domestic or professional purposes and which
does not cause noises or interference in radio
and television reception.
o
No accessory buildings or outside storage shall
be used in connection with the home occupation.
o
Not over 25% of the total floor area or 500
square feet of the principal residence, which-
ever is less, shall be used for a home occupa-
tion.
o
Only residents of the dwelling may be engaged
in the home occupation, except any physician or
dentist licensed by the State of North Carolina
shall be allowed to have one nurse or assistant
who is not a resident of the dwelling.
Note 5.
Industries
The
following industrial uses shall not be allowed:
a.
The manufacturing, processing, fabrication,
and/or bulk storage of acetylene gas (except
for use on premises), ammunition, explosives,
fireworks, gunpowder, junk, or matches.
b.
The manufacturing, processing, and/or fabric-
ation of acids (except non -corrosive acids),
ammonia, ammonium nitrate, animal by-products,
bleaching powder, cellulose, chlorine, creosote
and creosote treatment, detergents, enamels,
lacquers, "lime," linoleum, oil cloth, paints,
paper pulp, pigments, lime plastic, rubber
(except tire recappers), soaps, tannery
products, turpentine, varnishes, whiting and/or
wood fillers. The fabrication of plastics is
exempt from this prohibition.
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SECTION 5.2 TABLE OF AREA, YARD, AND HEIGHT REQUIREMENTS
MAXIMUM
HEIGHT OF
MINIMUM
YARD REGULATIONS
STRUCTURE
DISTRICT
MINIMUM LOT SIZE
(See
Notes 2
and 3)
See Note 6
Front
Side
Rear
Minimum
Yard
Yard
Yard
j
Area in Frontage
Setback
Width
Depth
Square Feet in
Feet
in Feet
in Feet
in Feet
In Feet,-
r
A-1
As required by the
Agricul-
Pamlico County Sani-
100
50
15
40
.35
tural
tarian, but no less
than 40,000
R-20
20,000 or larger, as
Residential
required by Pamlico
100
30
15
30
35
co
County Sanitarian
B-1
15,000 or as required
75
25
10
10
35
by Pamlico County Sani-
tarian
R-10
10,000 or as required
70
25
15
10
35
by Pamlico County Sani-
tarian

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SECTION 5.3 NOTES -TO THE TABLE OF AREA, YARD, AND HEIGHT
REQUIREMENTS
Note 1. Special Use Requirements Take Precedence
Area. yard, and height requirements, as specified in the
issuance of a Special Use Permit, shall take precedence
over area, yard, and height requirements as set forth in
the TABLE OF AREA, YARD, AND HEIGHT REQUIREMENTS.
Note 2. Variance for Prior Lots of Record
Notwithstanding the other setback provisions of this
ordinance, a building or structure may be constructed and
occupied by one family on any lot recorded prior to adop-
tion of this Ordinance and meeting all of the
requirements of the Pamlico County Sanitarian and main-
taining minimum side yards of 5 feet, a front yard of 25
feet, and a rear yard of 5 feet.
Note 3.
a. CORNER LOTS
` On a corner lot in a residential area, a side
yard setback consisting of a minimum distance
of + 15 feet shall be maintained between any
building and the side street. On a corner lot
in a commercial, agricultural, or industrial
district, a side yard setback consisting of a
minimum distance of 20 feet shall be main-
tained. This requirement shall not be applied
so as to reduce the building width of a resi-
dentially -zoned corner lot of record at the
time of passage of this ordinance to less than
40 feet, nor to prohibit the erection of any
accessory building where this requirement can-
not reasonably be complied with as determined
by the Board of Adjustment.
b. MISCELLANEOUS EXCEPTIONS
Steps, fire escapes, stairways, balconies, and
chimneys only project into a minimum yard not
more than six feet and an unenclosed porch may
project into the required front or rear yard
not more than 15 feet.
Sills, cornices, buttresses, ornamental fea-
tures, and similar items may project into a
required yard not more than thirty inches.
1 19

Carports open on three sides may encroach on a
side distance of not less than five feet from
a side lot line, except on the street side yard
of a corner lot where the setback shall be one-
half of the distance of the required front yard
setback. Storage areas may be constructed
across the rear of a carport open on three
sides that encroaches on a side yard, provided
such storage area shall not contain more than
18% of the area contained in the carport.
C. RETAINING WALLS
The setback and yard requirements of this
ordinance shall not apply to a retaining wall
not more than five feet high, as measured from
the lowest ground elevation to the top of the
wall. The Board of Adjustment may permit a
retaining wall greater than a five-foot height
where it finds that due to the topography of
the lot, such a wall is necessary.
d. FENCES AND WALLS
In residential zones, fences and walls not over
4' high may project into or may enclose any
front yard; however, no fence may be construc-
ted on or in a public street right-of-way.
Side and rear yards may be enclosed by fences
or walls up to 6' high. In the I-1 and B-1
zones, a solid or open fence or wall may be
erected to a maximum height of ten feet.
e. OPEN STORAGE
Any open storage not enclosed within the con-
fines of a building, such as boxes, crates,
trash -piles, machinery, and merchandise with
open display that results from the commercial
operation, is part of, shall be enclosed or
hidden from view along any property lines ad-
jacent to or in a residential zone by a wall,
fence, and/or screening. This provision shall
apply in any commercial or industrial use
abutting or in a residential zone.
f. ACCESSORY BUILDINGS
'
Detached garages and accessory buildings to
residential uses may be constructed in the rear
yard provided they are located no closer than
5' to any adjoining lot line, except on the
street side yard of a corner lot where the set-
20

back shall be one-half of the distance of the
required.,front yard setback.
Note 6. Height Restrictions/Modifications
In addition to the height limitations listed in the Table
of Area, Yard, and Height Requirements, any building in
B-1 and I-1 Districts may be increased in height, pro-
vided that a ratio of floor area to lot area, excluding
' yard requirements, of 8 to 1 is adhered to. At no time
shall the gross floor area of the building exceed by
eight times the allowable building area of the lot.
Note 7. Buffer Requirements
11
1
Ll
Where the rear lot lines or side lot lines of industrial
property abuts a residential district, a densely planted
and maintained vegetative buffer of up to 10 feet in
width shall be required. Such buffer shall reach a mini-
mum height of six feet within three years. No such buf-
fer shall, however, extend near a street right-of-way
line than the established building line of the adjoining
residential lot. No buffer strip shall be required upon
any rear lot line or side lot line which abuts a public
street.
21

SECTION 6.0 PROVISIONS FOR SPECIAL USES
6.1 Ob-iectives and Purpose
Permitted Special Uses add flexibility to the Zoning
Ordinance. Subject to high standards of planning and
design, certain property uses are allowed in the several
districts where those uses would not otherwise be
acceptable. By means of controls exercised through the
Special Use Permit procedures, property uses which would
' otherwise be undesirable in certain districts can be
developed to minimize any bad effects they might have on
surrounding properties.
The uses for which Special Use Permits are required are
contained in this section, along with a detailed descrip-
tion of the procedures which must be followed in the
approval of each such permit. Uses specified in this
section shall be permitted only upon the issuance of a
Special Use Permit.
6.2 Application and Fees
1
1
Applications for Special Use Permits, signed by the
applicant, shall be addressed to the Town of Vandemere
Board of Adjustment, P. O. Box 338, Vandemere, NC 28587.
A fee for such application shall be paid at the time of
application according to the schedule of fees adopted by
the Town.
Each application shall contain or be accompanied by such
legal descriptions, maps, plans, and other information so
as to completely describe the proposed use and existing
conditions.
6.3 Procedure for Reviewing Special Use Applications
The special uses, as specified in the various districts,
may be established only after approval by the Board of
Adjustment of the Town of Vandemere.
The Board of Adjustment shall hold a public hearing on
the application for a Special Use Permit, to be held
within 60 days after the application is filed. The Board
shall cause notice of the hearing to be published once a
week for two successive calendar weeks. The notice shall
be published for the first time not less than 15, nor
more than 25, days before the date fixed for the hearing.
The Planning Board shall review the application prior to
the public hearing and shall present its recommendations
to the Board of Adjustment at the public hearing. The
Planning Board may revise its recommendations following
the public hearing and present such revised recommenda-
22

tions to the Board of Adjustment before action is taken
by that Board. The Board of Adjustment shall approve,
modify, or deny the application for Special Use Permit
' following the public hearing. In granting a Special Use
Permit, the Board, with due regard to the nature and
state of all adjacent structures and uses, the district
' within which same is located, shall make written findings
that the following are fulfilled:
1.
The use requested is listed among the condi-
tional uses in the district for which applica-
tion is made; or is similar in character to
those listed in that district. (See Table of
Regulations, 6.4.1.)
2.
The requested use will not impair the integrity
or character of the surrounding or adjoining
districts, nor adversely affect the safety,
health, morals, or welfare of the community or
of the immediate neighbors of the property.
r3.
The requested use is essential or desirable to
the public convenience or welfare.
4.
The requested use will be in conformity with
the Land Use Plan.
5.
Adequate utilities, access roads, drainage,
sanitation, and/or other necessary facilities
have been or are being provided.
r6.
Adequate measures have been or will be taken to
provide ingress and egress so designed as to
minimize traffic congestion in the public
streets.
7.
The conditional use shall, in all other
respects, conform to the application regula-
tions of the district in which it is located.
6.4 Provisions Concerning special Use Permits
1. Compliance with Other Codes. Granting of a
' Special Use Permit does not exempt applicant
from complying with all of the requirements of
building codes and other ordinances.
' 2. Revocation. In any case where the conditions
of a Special Use Permit have not been or are
not being complied with, the Zoning Officer
' shall give the permittee notice of intention to
revoke such permit at least ten (10) days prior
to a Board of Adjustment's review thereof.
r
23

u
r
1
F
P�
1
'J
After conclusion of the review, the Board of
Adjustment may revoke such permit.
3. Expiration. In any case where a Special Use
Permit has not been exercised within the time
limit set by the Board of Adjustment or within
one (1) year if no specific time limit has been
set, then without further action, the permit
shall be null and void. "Exercised," as set
forth in this section, shall mean that binding
contracts for the construction of the main
building have been let; or in the absence of
contracts, that the main building is under con-
struction to a substantial degree; or that pre-
requisite conditions involving substantial in-
vestment are contracted for, in substantial
development, or completed (sewerage, drainage,
etc.). When construction is not a part of the
use, "exercised" shall mean that the use is in
operation and in compliance with the conditions
set forth in the permit.
4. Duration of special Use. Any conditions
imposed on a special use authorized and exer-
cised shall be perpetually binding upon the
property unless expressly limited by the Spe-
cial Use Permit or subsequently changed or
amended by the Board of Adjustment after a
public hearing.
5. Conditions and Guarantees. Prior to the
granting of any special use, the Board of Ad-
justment may stipulate such conditions and re-
strictions upon the establishment, location,
reconstruction, maintenance, and operation of
the special use as is deemed necessary for the
protection of the public interest and to secure
compliance with the standards and requirements
specified in this Ordinance. In all cases in
which special uses are granted, the Board of
Adjustment 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.
a. Such conditions may include time
limitations.
b. Conditions may be imposed which
require that one or more things
be done before the use requested
can be initiated. For example,
"that a solid board fence be
erected around the site to a
24

F1
r]
1
1
1
I
1
height of six (6) feet before the
use required is initiated."
c. Conditions of a continuing nature
may be imposed. For example,
"exterior loud speakers shall not
be used between the hours of 10
p.m. and 9 a.m."
6.4.1 Table of Regulations for Special Uses
The following pages present the Table of Regu-
lations for Special Uses. Additional informa-
tion on required plans and supplementary notes
are contained in Section 6.5 and 6.6.
6.5 Required Plans for Special Uses
For some of the special uses listed in the table in Sec-
tion 6.4.1, certain plans are required to be submitted to
the Board of Adjustment, along with the application for
Certificate of Compliance. As noted by numerical code in
the table in the preceding Section 6.4, the following
plans are required and must show:
1. Topography - Especially for uses requiring a
well -drained site and adequate storm drainage.
2. Structures - Location and approximate size of
all existing and proposed buildings and struc-
tures within the site and on the lots adjacent
thereto.
3. Circulation - Proposed points of access and
egress and pattern of internal circulation
(funeral procession route, if possible, for
cemeteries).
4. Parking and Loading - Layout of parking spaces;
location and arrangement of all proposed off-
street parking, if required.
5. Fencing - Proposed provisions for fencing and
other protective screening at the lot lines
adjacent to abutting residential property (or
fencing/screening for swimming pools at private
clubs). Electrical substations shall be
enclosed by a fence not less than 8 feet in
height with three strands of barbed wire turned
out at the top.
25

rr rr rr rr r r r r r r r r r r� rr r r r rr
N
a>
6.4.1 TABLE OF REGULATIONS FOR SPECIAL USES
+REQUIRED
SPECIAL USE
DISTRICTS
PLANS
MINIMUM LOT AREA
PARKING
SCREENING/FENCING
1.
Boats & Accessories, v
A-1
2,3,5
Same as for B-1
Same as Retail,
If adjacent to
Sales and Service
section 8.0
residental lot,
min. 61; dense
plants or non -
transparent fence
2.
Cemetery
A-1, R-20
1,2,3,4,5
Shall conform to
Adequate off-street
If adjacent to
R-10
specifications of
for funeral proces-
residential lot,
the N.C. Burial
sion
min. 61; dense
commission
plants or non -
transparent fence
3.
Home Care Unit and/or
A-1, R-20
2,3,4
1-acre
One space for each
None required
Home for the Aged
R-10
five patient beds
4.
Livestock Sales,
A-1
Note: Plans
Same as for A-1
Adequate off-street
If adjacent to
Auction
are required
residential lot,
only if oper-
min. 69; dense
tions are
plants or non -
not in con-
transparent fence
nection with
bonafide farm
5. Mobile Home
- Office & Exhibition A-1, B-1 (See Supple- Same as A-1, and Two spaces for each None required
mentary Note, as approved by unit
Section 6.6, Pamlico County
No. 1) Health Department
d
•

N
v
- Residential/Hardship
A-1,
R-20
(See Supple-
Same as A-1, and
Two spaces for each
None required
R-10
mmentary Note,
as approved by
unit
Section 6.6,
Pamlico County
No. 2)
Health Department
6. Private Recreation Club,
A-1,
R-20,
2,3,4,5
For swim club, 1
One space for each
Fencing around
not operated as a
B-1,
R-10
acre per 40 club
five members (or
swimming pool, not
business
members (or fam-
families)
less than 5 feet
ilies)
in height
7. Public Utility Stations
A-1,
R-20,
2,3,4,5
1/2 acre
One space per regu-
If adjacent to
or Sub -stations
B-1,
R-10
lar employee
residential lot,
min. 61; dense
plants or non -
transparent fence
S.
Private Elementary or
A-1, R-20 2,3,4
5 acres Two spaces per regu-
None required
Secondary School
R-10
lar employee
9.
Telephone Exchange
A-1, R-20 3,4,5
1 acre One space for each
If adjacent to
Operations
R-10
two regular employ-
residential lot,
ees
min. 61; dense
plants or non -
transparent fence
10.
Tourist Home Operations
A-1, R-20 2,3,4
Same as for B-1 One space for each
None required
R-10
room to be rented
and one space for
each two employees
* See Section 6.5, "Required Plans for Official Uses"

' 6.6 Supplementary Notes to Table of Regulations for Special Uses
Note 1.
A temporary Certificate of Occupancy/Compliance allowing
mobile homes used solely as offices or for purposes of
exhibition to be temporarily parked, maintained, and/or
occupied on a designated lot or land location may be
issued by the Zoning Officer where he finds as a fact
that the use of such mobile home does not violate the
state or Pamlico County health regulations. All such
Certificates of Occupancy/Compliance shall be valid for
a period of twelve (12) months, after which they may be
renewed upon similar evidence of use of such mobile home.
Likewise, the Zoning Officer may issue a Certificate of
Occupancy/Compliance for mobile homes used as a temporary
field office by contractors during related construction
projects, where the mobile home:
° and the structure under construction are
' located on the same property;
° is utilized only incidental to on -site con-
struction during daylight hours and not for
residential living quarters; and
1
° sanitary facilities are approved by the Pamlico
County Sanitarian.
Note 2.
Mobile homes, as defined, when used for dwelling purposes
are permitted as a use by right on individual lots only
in the R-10 District. Mobile homes may be located in A-
1 or R-20 zones only when either a "Hardship Exception"
or "Agricultural Area Exception" is approved by the Board
of Commissioners as provided below:
Hardship Exception
A temporary Certificate of Occupancy/Compliance for park-
ing a mobile home for use for dwelling purposes to the
rear or side of a dwelling and located on the same resi-
dential lot as said dwelling may be issued by the Zoning
Officer in certain hardship cases where the Board of
Adjustment finds each item below as a fact:
1. That the person or persons occupying the mobile
home are physically dependent upon the person
or persons occupying all or a portion of the
dwelling house, or that the person or persons
occupying all or a portion of the dwelling
W.,

'
house are physically dependent upon the person
or persons occupying the mobile home;:and
'
2. That the person or persons occupying the mobile
home and/or dwelling house cannot, because of
financial or other conditions, move to avoid
hardship, necessitating parking the mobile home
adjacent to the dwelling house; and
3. That the parking of the mobile home adjacent to
the dwelling house will not create unhealthy or
unreasonable living standards; and
4. That the mobile home is parked in a location
approved in advance by the Board of Adjustment.
All such Certificates of Occupancy/Compliance shall be
valid for a period of 18 months, after which they shall
be renewed only upon a similar finding of facts by the
Board of Adjustment. If, during any time that a Certifi-
cate of Occupancy/Compliance is valid and outstanding,
any of the foregoing conditions cease to be complied with
or the hardship is removed, the Certificate of
Occupancy/Compliance shall automatically be revoked and
the mobile home removed.
Agricultural Area Exception
o
A temporary Certificate of Occupancy/Compliance for
locating a mobile home in the A-1 Agricultural District
for use for dwelling purposes may be issued by the Zoning
Officer where the Board of Adjustment finds each item
below as a fact:
y 1. That applicable health and sanitary require-
ments of this and other Ordinances and laws are
fully met; and
2. That the mobile home is situated on a lot
meeting the A-1 yard area "requirements and
fronting on a public road; and
3. That the applicant for such certificate has
agreed to relocate his mobile home within 90
days after any action rezoning his lot from A-
1 Agricultural District.
All such Certificates of Occupancy/Compliance shall be
valid for a period of two (2) years and no more, after
which they shall be renewed only upon a similar finding
of facts by the Board of Adjustment.
29
�

r
Other requirements for Hardship and Agricultural excep-
tions:
° Mobile homes used as a dwelling unit have at
least 200 square feet of gross floor area.
° Mobile homes located through the issuance of a
Special Use Permit must be anchored to protect "
against wind damages,
° The mobile home's sanitary facilities are
connected to water and sewer systems approved
by the Pamlico County Health Department.
SECTION 7.0 NONCONFORMING LOTS, STRUCTURES, AND USES
7.1 Intent
Within the districts established by this Ordinance, there
may exist structures and uses of land and structures
which were lawful before this Ordinance was passed, but
which would be prohibited, regulated, or restricted under
the terms of this Ordinance. It is the intent of this
Ordinance to permit these nonconformities to continue,
but they shall be in no case expanded, except that non-
conforming use may be granted a variance upon application
G to the Board of Adjustment.
+� 7.2 Repairs and Maintenance
On any building devoted in whole or part to any noncon-
forming use, work may be done on ordinary fixtures,
wiring, or plumbing provided that the cubic content of
the building shall not be increased. Nothing in this
section shall be deemed to prevent the strengthening or
restoring to a safe condition of any building or part
thereof.
7.3 Nonconforming Structures
Where a lawful structure exists at the date of adoption
of this Ordinance that could not be built under the terms
of this Ordinance by reason of some characteristic of the
structure or its placement on the lot, such structure may
be continued as long as it remains otherwise lawful,
subject to the following provisions:
1. No such structure may be enlarged or altered in
a way which increases its nonconformity except
upon the authority granted by the Board of
Adjustment; and
2. Nothing in this Ordinance shall be taken to
prevent the restoration of a building and
30

related improvements destroyed to the extent of
not more than seventy-five (75%) percent of its
assessed value or fifty (50%) percent of the
actual replacement value, whichever is smaller,
by fire, explosion, or other casualty, act of
God, or the public enemy, nor the continued
occupancy of use of such building or part
thereof which is existing at the time of such
partial destruction..
7.4 Nonconforming Lots
1. When a nonconforming lot can be used in con-
fortuity with all of the regulations (other than
the area or width requirements) applicable to
the district in which the lot is located, such
a use may be made as of right. Otherwise, the
nonconforming lot may be used only in
accordance with a special -use permit issued by
the Board of Adjustment. The Board shall issue
such a permit if it finds that (i) the proposed
use is one permitted by the regulations applic-
able to the district in which the property is
located, and (ii) the property can be developed
as proposed without any significant negative
impact on the surrounding property or the pub-
lic health, safety, or welfare. In issuing the
permit authorized by this paragraph, the Board
may allow deviations from applicable dimen-
sional requirements (such as setback lines and
yard size minimums) if it finds that no reason-
able use of the property can be made within
such deviations.
2. Whenever this ordinance creates a nonconforming
lot and the owner of the nonconforming lot also
owns land adjacent to it, and a portion of this
other land can be combined with the nonconform-
ing lot to create a conforming lot (without
hereby creating. other nonconformities), the
owner of the nonconforming lot, or his succes-
sor in interest, may not take advantage of the
provisions of paragraph (a) of this section.
7.5 Extension or Enlargement of Nonconforming Situations
1. Except as specifically provided in this subsec-
tion, it shall be unlawful for any person to
engage in any activity that causes an increase
in the extent of nonconformity of a nonconform-
ing situation.
31

7.6 Continuance and Change of Nonconforming Use
Any legal nonconforming use may be continued for an
A indefinite period provided, however, that if the use is
discontinued for a period of one year, said use shall not
be continued and it shall not be changed to any other use
except one permitted within the district in which the use
is located. All materials, debris, and ruins foreign to
any use permitted in the district at the date of passage
of this Ordinance shall be removed within three (3)
years.
SECTION 8.0 OFF-STREET PARKING AND LOADING
At the time of the erection of any building or at the time any
principal building is enlarged or increased in capacity by adding
dwelling units, guest rooms, seats, or floor area, or before con-
version from one type of use or occupancy to another, permanent
off-street parking space shall be provided in the amount specified
by this section. Such parking space may be provided in a parking
garage or properly graded open space.
8.1 Certification of Minimum Parking Requirements
Each application for a Certificate of Occupancy/Compli-
ance shall include information as to the location and
dimensions of off-street parking and the means of ingress
and egress to such space. This information shall be in
sufficient detail to enable the Town to determine whether
the requirements of this section are met. An occupancy
permit shall not be issued unless the required off-street
parking and service facilities have been provided in
accordance with the provisions of this Ordinance.
8.2 Combination of Required Parking Spaces
The required parking space for any number of separate
uses may be combined in one (1) lot, but the required
space assigned to one use may not be assigned to another
use, except that one-half of the parking space required
tfor churches, theaters, or assembly halls whose peak
attendance will be at night or on Sundays may be assigned
to a use which will be closed at night and on Sundays.
8.3 Drainage, Construction, and Maintenance
' All off-street parking, loading, and service areas shall
be drained so as to prevent damage to abutting properties
and public streets. All aforementioned areas subject to
wheeled traffic shall be paved with bituminous concrete,
or equivalent surfacing. All such areas shall be, at all
times, maintained at the expense of the owners thereof in
a clean and serviceable condition.
32

7
L
8.4 Remote Parking Space
If the
Ordinance
off-street parking space required
cannot be reasonably provided on the
by
same
this
lot
on which
the principal use is located, such space may
be
provided
on any land within reasonable distance of
the
main entrance
to such principal use, provided
such
land
is in the
same ownership as the principal use.
Said
land
shall be
used for no other purpose so long as
no other
adequate provisions of parking space meeting the require-
ments of this Ordinance have been made for the principal
use. In such cases, the applicant for a permit for the
principal use shall submit with this application for a
Certificate of Occupancy/Compliance, an instrument duly
executed and acknowledged which subjects said land to
parking use in connection with the principal use for
which it is made available. Such instrument shall become
a permanent record and be attached to the Certificate of
Occupancy/Compliance application. In the event such land
is ever used for other than off-street parking space for
the principal which it is encumbered and no other off-
street parking space meeting the terms of this Ordinance
is provided for the principal use, the Certificate of
Occupancy/Compliance for such principal'use shall become
void.
8.5 Minimum Parking Requirements
The number of off-street parking spaces required by this
section shall be provided on the same lot with the prin-
cipal use except as provided in Subsection 8.4 and the
required number of off-street parking spaces specified
for each use shall be considered as the absolute minimum.
In addition, a developer shall evaluate his own needs to
determine if they are greater than the minimum specified
by this Ordinance. For purposes of this Ordinance, off-
street parking spaces shall be as follows:
PARKING STALLS AND INTERIOR DRIVEWAYS
Type of
Depth
Minimum
Parking
Width of Stall
of Stall Driveway Width
90 degree
10
feet
20 feet
23 feet
60 degree
9
feet
25 feet
18 feet
45 degree
8
feet 6 inches
30 feet
12 feet
Where there is
no parking, interior driveways
shall be at
least ten
(10)
feet wide for
one-way traffic
and twenty
(20) feet
wide
for two-way traffic.
33

LAND USES' REQUIRED PARKING
Single-family dwelling
Two (2) parking spaces per unit.
Multi -family dwellings
Two and one-half (2 1/2) parking
spaces per dwelling unit.
Rooming or boarding house
One (1) parking space for each two
.(2) rooms to be rented.
Tourist home, motel, motor
One (1) parking space for each
court
room to be rented plus one (1)
additional parking space for each
two (2) employees.
Hotels (not including any
One (1) parking space for each
retail use)
room to be rented plus one (1)
additional parking space for each
two (2) employees.
Professional office or home
One (1) parking space per office
occupation in operator's
or home occupation in addition to
residence
residence requirements.
Nursing home, rest homes,
One (1) parking space for each
or retirement homes
five (5) beds intended for patient
'
use.
Church
One (1) parking space for each
four (4) seats in the sanctuary.
Beauty and barber shops
One (1) parking space for each
service chair plus one (1) addi-
tional parking space for each
employee.
Eating and drinking estab-
One (1) parking space for each
lishments
four (4) seats at tables, one (1)
parking space for each two (2)
seats at counters or bars, plus
one (1) parking space for each two
(2) employees.
Eating and drinking estab-
One (1) space for each three (3)
lishments - drive-in
seats, a minimum of fifteen (15)
spaces for drive-in service, plus
one (1) space for each two (2)
employees.
Auditorium One (1) parking space for each
four (4) seats in the largest
assembly room.
34

LAND USES REQUIRED PARKING
Public or private clubs One (1) parking space for each one
hundred (100) square feet of gross
floor space.
Public utility buildings One (1) parking space for each
employee.
Office
One (1) parking space for each two
hundred (200) square feet of gross
floor space.
Bank
One (1) parking space for each two
hundred (200) square feet of gross
floor space plus one (1) space for
each two (2) employees.
Service station
Two (2) spaces for each pump, five
(5) spaces for each grease rack,
and one (1) space for each two (2)
employees, but no fewer than ten
(10) spaces.
Theater
One (1) parking space for each
four (4) seats in the auditorium.
Funeral home
One (1) space for each four (4)
seats in the assembly room or
chapel, a minimum of ten (10)
spaces for funeral vehicles, plus
one (1) space for each two (2)
employees.
Retail use not otherwise One (1) parking space for each one
listed hundred (100) square feet of non -
storage area.
Wholesale use One (1) parking space for each
employee on the largest shift.
Warehouse One (1) parking space for each
employee on the largest shift plus
one (1) space for each one
hundred -fifty (150) square feet of
selling space.
Shopping center One (1) parking space for each one
hundred -fifty (150) square feet of
gross floor area.
Retail food store One (1) parking space for each one
hundred -fifty (150) square feet of
gross floor area.
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rl
LAND USES REQUIRED PARKING
Department store
One (1) parking space for each one
hundred -fifty (150) square feet of
gross floor are.
Auto washeteria
One (1) space for each two (2)
employees on shift of greatest
.employment plus one (1) space for
the manager and reserve spaces
equal to five times the capacity
of the washeteria at the location
of ingress and egress.
Bowling alley
Three (3) spaces per alley plus
requirements for any other use
associated with the establishment,
such as restaurant, etc.
Kindergarten or nursery
One (1) space for each employee
and four (4) spaces for off-street
drop-off and pick-up.
Library
One (1) space for each three (3)
for use.
seats provided patron
Medical and dental offices
Four (4) spaces for each prac-
and clinics
ticing doctor or dentist at the
clinic plus one (1) space for each
y
employee.
Outdoor recreation area One (1) space for each three (3)
pesons able to use such facility
at its maximum capacity, ten (10)
spaces for waiting, plus one (1)
space for each two (2) employees.
1
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8.6 Off -Street Loading Space
Whenever the normal operation of any development requires
that goods, merchandise, or equipment be routinely deliv-
ered to or shipped from that development, a sufficient
off-street loading and unloading area must be provided to
accommodate the delivery or shipment operations in a safe
and convenient manner.
SECTION 9.0 SIGN REGULATIONS
"+ It is the purpose of this section to permit signs of a commercial,
industrial, and residential nature in districts which have appro-
priate uses and to regulate the size and placement of signs
intended to be seen from a public right-of-way.
9.1 General Provisions
All signs within the jurisdictional area shall be covered
by these regulations and shall be erected, constructed,
and maintained in accordance with the provisions of this
section; only those signs that are listed in this section
shall be erected within the jurisdictional area of this
Ordinance.
1. Traffic Safety. No sign shall be erected or
continued that:
a. Obstructs the sight distance at
intersections or along a public
right-of-way.
b. Would tend, by its location,
color, or nature, to be confused
with or obstruct the view of
traffic signs or signals or would
tend to be confused with a flash-
ing light of an emergency
vehicle; or
C. Use admonitions, such as "stop,"
"go," "slow," "danger," etc.,
which might be confused with
traffic directional signals and
signs.
2. Maintenance. Should any sign become insecure
or in danger of falling or otherwise unsafe in
the opinion of the Zoning Officer, the owner
thereof, or the person or firm maintaining the
same, shall, upon written notice from the
Zoning Officer, forthwith in the case of
immediate danger and in any case within ten
(10) days, secure the same in a manner to be
37

approved by the Zoning Officer, in conformity
with the provisions of this Code, or remove
such sign.. If such order is not complied with
in the ten (10) days, the Zoning Office shall
remove such sign at the expense of the owner or
lessee thereof.
All signs for which a permit is required, to-
gether with all their supports, braces, guys,
and anchors, shall be kept in repair, and un-
less of galvanized or non -corroding metal,
shall be thoroughly painted at least once every
two years. The Zoning Officer may order the
removal of any sign that is not maintained in
_ accordance with the provisions of this section.
Such removal shall be at the expense of the
owner or lessee.
3. Construction Prohibited. No sign shall be
attached to or painted on any telephone pole,
�- light pole, telegraph pole, fence, or other
man-made object not intended to support a sign
or any tree, rock, or other natural object.
4. Illumination. Illumination devices, such as,
but not limited to, flood or spot lights, shall
' be so placed and so shielded as to prevent the
rays of illumination therefrom being cast upon
neighboring buildings and/or vehicles from
either direction.
5. Nonconforming Signs. All signs or advertising
structures located in districts where they
would not be permitted as a new use under the
terms of these regulations are hereby declared
to be nonconforming uses. Such nonconforming
uses shall be discontinued and removed within
three (3) years after receiving notification of
such nonconformity from the Zoning Officer. If
said nonconforming use is continued beyond the
.stated period, the Zoning Officer shall cause
same to be removed at the expense of the owner
of nonconforming use.
6. Unlawful Signs. In case any sign shall be
installed, erected, or constructed in violation
of any of the terms of this Ordinance, the
Zoning Officer shall notify, by registered mail
or written notice served personally, the owner
or lessee thereof to alter such sign so as to
comply with this Code or of the Zoning
Ordinance and to secure the necessary permit
therefor, or to remove the sign. If such order
is not complied with in ten (10) days, the
38

zoning officer shall remove such sign at the
expense of the owner or lessee thereof.
9.2 Administration, Filing Procedure, and Permits
1. Administration. The Zoning Officer shall only
issue a permit for the erection or construction
of a sign which meets the requirements of this
section.
2. Filing Procedure. Application for permits to
erect, hang, place, or alter the structure of
a sign shall be submitted on forms obtainable
from the Town Clerk's office. Each application
shall be accompanied by a plan showing the fol-
lowing:
a. Area of the sign;
b. Size, character, general layout,
and designs proposed for painted
displays;
C. The method and type of illumina-
tion, if any;
' d. The location proposed for such
signs in relation to building,
property line, zoning district
boundaries, rights -of -way lines,
and existing signs; and
e. If conditions warrant it, the
Zoning Officer may require such
additional information as will
enable him to determine if such
sign is to be erected in con-
formance with these regulations.
9.3 Signs Which Do Not Require a Permit
The following signs may be erected, hung, or placed with-
out a permit from the Zoning Officer, but shall be
illuminated unless otherwise specified:
1. Temporary Real Estate Sign. One (1) temporary
real estate sign not exceeding six 6 square
feet in area - where the property on which said
sign is placed faces more than one street, one
(1) sign shall be allowed on each street front-
age. The signs are only allowed on the proper-
ty being advertised.
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2. Temporary Construction Sign. One (1) temporary
construction site sign not exceeding 32 square
feet or two (2) signs not to exceed a total of
24 square feet erected on the site during the
period of construction to announce the name of
the owner or developer, contractor, architect,
land planner, landscape architect, or engineer.
3. Commercial Accessory, Sign. One (1) standing
commercial accessory sign as defined in these
regulations on each street frontage to be read
from either direction, provided that such sign
shall not exceed 12 square feet in area, and
such sign shall meet the setback requirements
for signs which do not require a permit as set
forth in this Ordinance.
4. Home occupation Sign. One (1) standing or
hanging sign that shall not exceed 144 square
inches.
5. Direction or Information Sign. Direction or
information signs of a public or quasi -public
nature shall not exceed 8 square feet in area.
Such signs shall only be used for the purpose
of stating or calling attention to:
a. The name or location of the city,
hospital, community center, pub-
lic or private school, church,
synagogue, or other place of wor-
ship;
b. The name of a place of meeting or
an official or civic body, such
as the Chamber of Commerce, ser-
vice club, or fraternal
organization;
C. An event of public interest, such
as a public hearing, rezoning an-
nouncement, general election;
church or public meeting; local
or county fair; and other similar
community activities and cam-
paigns;
d. Soil conservation, 4-H, and sim-
ilar projects; and
e. Zoning and subdivision jurisdic-
tion boundaries.
1
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9.4 Signs Which Require a Permit
No sign, except..those listed in Section 9.3 above, shall
be erected, hung, placed, or structurally altered without
a permit from the Zoning Officer. The following signs
shall be erected, hung, placed, or structurally altered
only after a permit has been issued by the Zoning Officer
and the minimum requirements for such signs are met.
1. Temporary Sign. A temporary sign permit shall
be required for all signs of a temporary nature
which are listed in 9.3(1) and (2) as signs
which do not require the issuance of a permit,
but which exceed the size specifications con-
tained therein. A temporary sign shall not
remain in place for a period exceeding twelve
(12) months. The applicant for a temporary
sign permit shall deposit a sum of one (1) dol-
lar for each square foot of sign area with the
Zoning Officer to ensure proper removal of the
temporary sign when its purpose ceases to exist
or when the permit period expires, whichever is
the shorter period of time. The deposit shall
be returned in full to the applicant upon the
satisfaction of the requirements for removal.
A temporary sign shall be removed by the per-
son, firm, or corporation owning such sign or
structure or by the owner of the building or
premises on which sign is affixed or erected
within ten (10) calendar days following the
date on which the permit expires.
2. Outdoor Advertising signs:
a. Each outdoor advertising sign
shall require a permit except as
stated in Section 9.3.
b. An outdoor advertising sign may
be illuminated. See Section
9.1(4).
C. Where outdoor advertising signs
are standing, uprights shall be
spaced no less than 36 inches on
centers. The minimum clear dis-
tance between the ground level
and the bottom of the trim shall
be 10 feet, excepting signs
mounted on the ground not
exceeding five (5) feet in height
and not obstructing the view of
traffic at any intersection.
1 41

1
1
1
A
1
1
1
1
1
d.
The maximum sign size shall be 32
square feet on each side.
e.
The backs of all structures shall
be painted in a neutral color to
blend with the surrounding area.
f.
The area surrounding the base of
all signs shall be maintained
free of unsightly debris.
g.
Shrubbery may be planted around
sign bases provided it does not
obstruct the view at intersec-
tions.
h.
Adjacent outdoor advertising
signs shall not be spaced less
than 100 feet apart.
3. Principal use Signs:
a.
Each principal use sign shall
require a permit.
b.
Principal use signs may be illu-
minated. (See Section 9.1(4).)
C.
Principal use sign shall meet the
setback requirements set forth in
9.5(4) .
d.
The maximum sign size shall be 32
square feet on each side.
e.
The backs of all structures shall
be painted in a neutral color to
blend with the surrounding area.
f.
The area surrounding the base of
all signs shall be maintained
free of unsightly debris.
g.
Shrubbery may be planted around
sign bases provided it does not
obstruct the view at intersec-
tions.
h.
Principal use signs are limited
to one per premise.
4. Density and Setback Requirements for Signs
Which
Require Permits. Temporary, identifica-
1
42

tion, and principal use signs shall be set back
at least.10 feet from any property line.
SECTION 10.0 ADMINISTRATION AND ENFO
RCEMENT
10.1 Zoning Officer
The Town Board of Commissioners shall appoint a Zoning
Officer or other person as the administrative official to
administer and enforce this Ordinance. The assistance of
such other persons may be provided as the Town Board may
direct.
If the Zoning Officer shall find that any of the provi-
sions of this Ordinance are being violated, he shall
notify, in writing, the person responsible for such vio-
lations, indicating the nature of this violation and
ordering the action necessary to correct it. He shall
order discontinuance of illegal use of land, buildings,
or structures; or of additions, alterations, or struc-
tural changes thereto; discontinuance of any illegal work
being done; or shall take any action authorized by this
Ordinance to ensure compliance with or to prevent viola-
tion of its provisions.
No oversight or dereliction of duties on the part of the
Zoning Officer or other official or employee of the Town
shall be deemed to legalize a violation of this
ordinance.
10.2 Building Permit
No building or other structure shall be erected, moved,
extended, enlarged, or structurally altered, nor shall
any excavation or filling of any lot be commenced until
a permit for such work has been issued by Pamlico County.
Each application for a building permit shall be accom-
panied by such building plans or other information as may
be necessary to determine if the provisions of this
Ordinance are being observed.
The same shall be true of enlarging or structurally al-
tering mobile homes. No living compartment other than a
"Florida Room" or other such prefabricated structure
specifically designed by the manufacturer for mobile home
extension shall be added to any mobile home parked within
the jurisdiction of this Ordinance unless a building
permit has been issued for such addition.
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
43

issued by Pamlico County prior to the effective date of
this Ordinance-
,
1. Application for Building Permit. Each
application for a building permit should be
accompanied by a plot plan drawn by a regi-
stered surveyor or engineer in duplicate show-
ing:
a. The actual survey showing the
dimensions of the lot to be built
upon.
b. The size of the building to be
erected.
C. The location of the building on
the lot.
d. The location of existing struc-
tures on the lot, if any.
e. The number of dwelling units the
building is designed to accommo-
date.
f . The setback lines of buildings on
adjoining lots.
g. The parking facilities, land-
scaping design, location and size
of all signs for all plot plans
and site development plans not
subject to other special
requirements.
h. In addition to the plot plan, if
the lot is in an Area of
Environmental Concern as estab-
lished by. the Coastal Resources
Commission, the applicant will
supply to the Zoning Officer a
certificate issued by the appro-
priate CAMA Permit Officer
stating that the proposed devel-
opment is in compliance with AEC
guidelines and standards.
i. Such other information as may be
essential for determining whether
the provisions of this Ordinance
are being observed; and any use
of said building.
44

Any building permit issued shall become invalid
unless the work authorized by it shall have
been commenced within six (6) months of its
date of issuance or if the work authorized by
it is suspended or abandoned for a period of
one (1) year.
10.3 Certificate of Occupancy/Compliance
A Certificate of Occupancy/Compliance issued by the
Zoning Officer is required in advance of:
1. Occupancy or use of a building hereafter
erected, altered, or moved.
2. A change of use of any building or land.
3. In addition, a Certificate of Occupancy/Compli-
ance shall be acquired for each nonconforming
use created by the passage of and subsequent
amendments to this Ordinance. The owner of
such nonconforming use shall obtain a Certifi-
cate of Occupancy/Compliance within thirty (30)
days of the date of said passage or amendments.
4. Use of Said Building. A Certificate of Occu-
pancy/Compliance, either for the whole or part
of building, shall be applied for coincident
with the application for a building permit and
shall be issued within ten (10) days after the
erection or structural alteration of such
building, or part, shall have been completed in
conformity with the provisions of this
Ordinance. A Certificate of Occupancy/Compli-
ance shall not be issued unless the proposed
use of a building or land conforms to the
applicable provisions of the Ordinance. If the
Certificate of Occupancy/Compliance is denied,
the Zoning Officer shall notify the applicant
of the refusal. A record of all certificates
shall be kept on file in the office of the Town
Clerk and copies shall be furnished, on
request, to any person having a proprietary of
tenancy interest in the building or land
involved.
SECTION 11.0 AMENDMENTS
11.1 Amending the Ordinance
The Town Board of Commissioners may amend the text regu-
lations and zoning map according to the following proce-
dures.
45

1. Initiation of Amendments. Proposed amendments
may be initiated by the Town Commissioners,
Planning Board, Board of Adjustment, or by one
or more interested parties.
2. Application. An application for any amendment
shall contain a description of the proposed
zoning regulation or district boundary to be
applied. Such application shall be filed with
the Zoning Officer or Town Clerk not later than
ten (10) working days prior to the Planning
Board meeting at which the application is to be
considered.
3. Fee. A fee shall be paid to the Town of Vande-
mere, North Carolina, for each application for
an amendment to cover necessary administrative
expenses, such as advertising. The amount of
fee charged shall be in accordance with the
Town's fee schedule.
11.2 Action by the Planning Board
Planning Board Consideration: The Planning Board shall
consider and make recommendations to the Town Commission-
ers concerning each proposed zoning amendment.
11.3 Action by the Town Commissioners
Notice and Public Hearing: No amendment shall be adopted
by the Town Commissioners until after public notice and
hearing. Notice of Public Hearing shall be published
once a week for two (2) successive calendar weeks in the
local newspaper. Public notice may also be posted on the
property concerned indicating the proposed change and
date of public hearing.
Before taking such lawful action as it may deem advisa-
ble, the Town Commissioners shall consider the Planning
Board's recommendation on each proposed zoning amendment.
1. Petitions for amendments that receive favorable
recommendation of the Planning Board, or peti-
tions on which the Planning Board fails to make
its recommendation within thirty (30) days
after the public hearing, shall be scheduled
for public hearing before the Town Commis-
sioners. Such public hearing shall be duly
advertised.
2. Petitions for amendments that receive an unfav-
Iorable or adverse recommendation of the Plan-
1 46

ning Board may be appealed within ten (10) days
of the date of such adverse decision to the
Town Commissioners by filing with the Town
Clerk a notice, in writing, stating therein the
action of the Planning Board and the amendment
requested. Before taking action on any pro-
posed amendment, the Town Commissioners shall
hold a public hearing. Public Hearings on pro-
posed zoning amendments will be held at such
' times as the Town Commissioners shall decide.
11.4 Resubmission of a Denial Petition
No resubmission of a denial petition may be resubmitted
within six (6) months of its previous denial.
11.5 Zoning Map Changes
The districts outlined by the zoning map may be changed
by amending the map without change to the text of the
Ordinance. Amendments to the zoning map shall be made
together with an entry on the map describing the change
and the date the amendment was acted on by Planning Board
and Town Board of Commissioners. No amendment to this
Ordinance which involves a matter portrayed on the map
shall become effective until after such change and entry
has been made on said map. The Town Board of Commission-
ers shall give official notice of the zoning change to
the Zoning Officer within seven (7) calendar days after
passage of said change. Regardless of all copies of the
map which may exist, the Official Zoning Map, which shall
be located in the Vandemere Town Hall, shall be the final
authority as to the current zoning status of land, water
Iareas, and buildings in the Town.
11.6 Replacement of Official Zoning Map
In the event that the Official Zoning Map becomes
damaged, destroyed, lost, or difficult to interpret, the
town Commission may, by Ordinance, adopt a new Official
Zoning Map, which shall be the same in every detail as
the map it supersedes. The new map shall bear the sig-
natures of the same officials as the original and shall
bear
the seal of the Town under the
following words:
"This
is to certify that this Official
Zoning Map super-
sedes
and replaces the Official Zoning
Map adopted (date
of adoption of map replaced) of the Town of Vandemere,
North Carolina." The date of adoption of the new Offi-
cial
Zoning Map shall be shown also.
9 11.7 Maintenance of the Official Zoning Ma
The Town Clerk shall be responsible for the maintenance
and revision of the Official Zoning Map. Upon notifica-
47
LJ

tion by the Town Commission that a zoning change has been
made, the Town -Clerk shall make the necessary changes on
the Official Zoning Map within seven (7) calendar days of
notification.
SECTION 12.0 BOARD OF ADJUSTMENT
12.1 Creating the Board of Adjustment
The Vandemere Town Board of Commissioners shall provide
for the appointment of the Vandemere Board of Adjustment
(hereinafter called the Board). Insofar as possible,
members of the Board shall be appointed from different
areas within the Town's zoning jurisdiction. The Board
shall consist of a minimum of five (5) members. Insofar
as possible, initial appointment to the Board shall be as
follows: one-third (1/3) for a term of three (3) years;
one-third (1/3) for a term of two (2) years; and one-
third (1/3) for a term of one (1) year. Two ( 2 ) alter-
nate members may be appointed for a term of three (3)
years to serve in the absence of regular members. The
successor to the regular and the alternate members shall
be appointed for three (3) year terms. Vacancies shall
be filled for the unexpired term only. Members of the
Board of Adjustment may be removed for cause by the Town
Commissioners upon written charges and after public hear-
ing.
12.2 Meetings
The Board shall elect one of its members as Chairman and
another as Vice -Chairman who shall serve for one (1)
year. The Zoning Officer or other administrative officer
shall serve as secretary to the Board of Adjustment. The
Board shall draw up and adopt the rules of procedures
under which it will operate. Meetings of the Board shall
be held at the call of the Chairman and at such other
times as the Board may determine. The Chairman, or in
his absence, the Acting Chairman, may administer oaths
and compel the attendance of witnesses. All meetings of
the Board shall be open to the public. However, the
Board may meet in executive session to vote on each case.
The Board shall keep minutes of its proceedings, showing
the vote of each member upon every question, or his
absence or failure to vote, indicating such fact, and
also keep records of its examination and any other offi-
cial action.
12.3 Filing and Notice for an Appeal
Appeals from the enforcement and interpretation of this
Ordinance and -appeals for variances may be taken to the
Board of Adjustment by any person aggrieved or by any
office, department, board, or bureau of the Town affect-
48

i
ed. Notice of an appeal to the Board of Adjustment shall
be filed with the Town Clerk. An appeal stays all pro-
ceedings in furtherance of the action from, unless the
Zoning Officer certifies to the Board that by reason of
facts stated in the certificate a stay would, in his
opinion, cause imminent peril to life and property, in
which case proceedings shall not be stayed otherwise than
by a restraining order, which may be granted by the Board
or by a court of record.
Hearing of the Appeal. After receipt of notice of an
appeal, the Board Chairman shall schedule the time for a
hearing, which shall be at a regular or special meeting.
Notice. At least one (1) week prior to the date of the
hearing, the Town Clerk shall furnish all adjoining prop-
erty owners with written notices of the hearing. Notice
of Public Hearing shall be published once a week for two
(2) consecutive calendar weeks in the local newspaper.
Public notice may also be posted on the property con-
cerned indicating the proposed change and date of public
hearing.
Fees for Appeal Variances. A fee shall be paid to the
Town of Vandemere, North Carolina, for each appeal, to
cover the necessary administrative costs, such as
advertising. The amount of fee charged shall be in ac-
cordance with the Town's fee schedule.
12.4 Powers and Duties
The Board of Adjustment shall have the following powers
and duties:
1. To hear and decide appeals where it is alleged
by the appellant that there is error in any
decision made by the Zoning Officer or other
administrative officials in the carrying out or
enforcing of any provision of the Ordinance. A
concurring vote of four -fifths (4/5) of the
members of the Board shall be necessary to
reverse, wholly or partly, any such decision.
Four -fifths of the members of the Board of Ad-
justment must vote in favor of variances and
special use permits in order for them to pass.
2. To approve special uses enumerated within the
various zoning districts.
3. To authorize upon appeal in specific cases such
variances 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
49

I
1
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[I
I
1
n
I
would result in unnecessary hardship. In
granting any variance, the Board may prescribe
appropriate conditions and safeguards in con-
formity with this Ordinance. A variance from
the terms of this Ordinance shall not be
granted by the Board unless and until the fol-
lowing findings are made:
a. That special conditions and cir-
cumstances exist which are
peculiar to the land, structure,
or building involved and which
are not applicable to other land,
structures, or buildings in the
same district.
b. That literal interpretation of
the provisions of this Ordinance
would deprive the applicant of
rights commonly enjoyed by other
properties in the same district
under the terms of this Ordi-
nance.
C. That the special conditions and
circumstances do not result from
the actions of the applicant.
d. That granting the variance
requested will not confer on the
applicant any special privilege
that is denied by this Ordinance
to other land, structures, or
buildings in the same district.
12.5 Appeal from the Board of Adjustment
An appeal from the decision of the Board of Adjustment
may be made to the Pamlico County Superior Court within
thirty (30) days after the decision is made by the Board,
but not thereafter.
SECTION 13.0 LEGAL PROVISIONS
13.1 Complaints Regarding Violations
Whenever a violation of this Ordinance occurs, or is
alleged to have occurred, any person may file a written
complaint. Such complaint stating fully the causes and
basis thereof shall be filed with the Zoning Officer or
Town Clerk. Such complaint shall be recorded properly
and the Zoning Officer shall investigate and take action
thereon as provided by this Ordinance.
50
1

13.2 Penalties for Violation (G.S. 160A-175)
Violation of the provisions of this Ordinance or failure
to comply with any of its requirements (including viola-
tions of conditions and safeguards established in con-
nection with grants or variances) shall constitute a
misdemeanor. Any person who violates this Ordinance or
fails to comply with any of its requirements shall, upon
conviction thereof, be fined not more than $50.00 or
imprisoned for no more than 30 days, or both, and in
addition shall pay all cost and expenses involved in the
case. Each day such violation continues shall be con-
sidered a separate offense.
The owner or tenant of any building, structure, premises,
or part thereof, and any architect, builder, contractor,
agent, or other person who commits, participates in, or
maintains such violation may each be found guilty of a
separate offense and suffer the penalties herein pro-
vided.
Nothing herein contained shall prevent the Town of
Vandemere from taking such other lawful action as is
necessary to prevent or remedy any violation pursuant to
G.S. 160A-175.
13.3 Approval of Pamlico County Board of Health
The Zoning Officer shall not issue a building permit for
any structure which requires the Health department's
approval for the installation of a sewage disposal system
until such approval has been granted by the Pamlico
County Health Department. Evidence of approval shall
accompany the application for a building permit.
13.4 Validity
Should any section or provision of this Ordinance be
declared by the courts to be unconstitutional or invalid,
such decisions shall not affect the validity of the Or-
dinance as a whole, or any part thereof, other than the
part so declared to be unconstitutional or invalid.
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13.5 Effective Date -
This Ordinance shall take effect and be in force from and
after its adoption by the Town Commissioners of the Town
of Vandemere, North Carolina, this date of
1989.
TOWN OF VANDEMERE
Clerk
I(SEAL)
11
Mayor
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SECTION 14.0 DEFINITIONS AND WORD INTERPRETATIONS
For the purpose of this Ordinance, certain terms and words are
defined as follows:
All words used in the present tense shall include the future tense;
all words in the singular number shall include the plural number;
and all words in the plural number shall include the singular num-
ber unless the natural construction of the wording indicates other-
wise; the words "used for" shall include the meaning "designed
for"; the word "structure" shall include the word "building"; the
word "lot" shall include the words "plot" and "tract" and the words
"shall" is mandatory.
1. Accessory Building. A subordinate use building custom-
arily incident to and located upon the same lot occupied
by the main use building.
2. Accessory Use. A use customarily incidental and sub-
ordinate to the principal use or building and located on
the same lot with such principal use or building.
3. Alley. A roadway which affords only a secondary means of
access to abutting property and not intended for general
traffic circulation.
4.
Apartment. A room or suite of one or more rooms in a
multiple dwelling intended for use as a residence by a
single family.
5.
Apartment House. See Dwelling, Multiple.
6.
Boarding House. A building other than a hotel or motel
where, for compensation, meals are served and rooms
rented.
6a.
Buffer. An attractive visual barrier which will reduce
noise where needed. Such barrier shall be vegetative or
a decorative masonry. wall or a wood stockade, basket -
weave, or other solid fence.
7.
Building. See Structure.
8.
Building, Height of. The vertical distance from the
average sidewalk grade or street grade, or finished grade
at the building line, whichever is the highest, to the
highest point of the building.
9.
Building Setback Line. A line establishing the minimum
allowable distance between the nearest portion of any
building, excluding uncovered porches, steps, eaves, and
gutters, and the nearest right-of-way line of any street
when measured perpendicularly thereto. See Lot Width.
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10.
Dwelling. A_ building or portion thereof designed,
arranged, or used'for permanent living quarters for one
or more families. The term "dwelling" shall not be
deemed to include a motel, hotel, tourist home, or other
structures designed for transient residence.
i11.
Dwelling, Single Family. A detached building designed
for or occupied exclusively by one (1) family.
12.
Dwelling, Two Family. A detached building designed for
or occupied exclusively by two (2) families living
independently of each other.
13.
Dwelling, Multiple Family. A detached building designed
for or occupied exclusively by three (3) or more families
living independently of each other and doing their own
cooking therein, including apartments, apartment hotels,
and group houses.
14.
Family. Any number of individuals living together as a
single housekeeping unit.
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15. Filling Station. See Service Station.
16. Frontage. All the property abutting on one (1) side of
a street between two (2) intersecting streets, measured
along the street line.
17. Garage, Commercial. Any building or premises, except
those described as a private or parking garage, used for
the storage or care of motor vehicles, or where any such
vehicles are equipped for operation, repaired, or kept
for remuneration, hire, or sale.
18. Garage, Parking. Any building or premises, other than a
private or commercial garage, used exclusively for the
parking or storage of motor vehicles.
19. Garage, Private. A building or space used as an acces-
sory to or a part of the main building permitted in any
residential district, and providing for the storage of
motor vehicles and in which no business, occupation, or
service for profit is in any way conducted.
20. Guest House (Tourist Home). Any dwelling occupied by
owner or operator which rooms are rented for guests and
for lodging of transients and travelers for compensation.
21. Home Occupation. Any profession or occupation carried on
entirely within a dwelling providing that such use is
clearly incidental and secondary to the use of the
dwelling for dwelling purposes, that not more than
twenty-five (25%) of the total floor area is used for
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such purposes, that there is no outside or window dis-
play. No mechanical equipment shall be installed or used
other than is. normally used for domestic or home
occupation purposes.
22. Hotel (Motel). A building or other structure kept, used,
' maintained, advertised as or held out to the public to be
a place where sleeping accommodations are supplied for
pay to transient or permanent guests or tenants, where
rooms are furnished for the accommodation of such guests;
and having or not having one or more dining rooms, res-
taurants, or cafes where meals or lunches are served to
such transient or permanent guests, such sleeping accom-
modations and dining rooms, restaurants, or cafes, if
existing, being conducted in the same buildings in con-
nection therewith.
' 23. Inoperative Vehicle. Any vehicle, designed to be self-
propelled, which, by virtue of broken or missing compo-
nent parts, is no longer capable of self -propulsion. For
the purposes of this Ordinance, any vehicle which is
registered with the N.C. Division of Motor Vehicles and
has a current North carolina Motor Vehicle Registration
License affixed to it shall not be considered inopera-
tive.
'
24.
Junk Yard. Any land or area used, in whole or in part,
for storage and/or sale of waste paper, rags, scrap
metal, vehicles, or other junk, and including storage of
inoperative motor vehicles and dismantling of such
vehicles or machinery.
25.
Lot. A parcel of land whose boundaries have been
established by some legal instrument such as a recorded
deed or a recorded map and which is recognized as a
separate legal entity for purposes of transfer of title.
'
26.
Lot, Corner. A lot abutting upon two (2) or more streets
at their intersection.
27.
Lot, Interior. A lot other than a corner lot.
28.
Lot, Through. An interior lot having frontage on two
'
parallel streets.
29.
Lot, Depth. The depth of a lot, for the purposes of this
Ordinance, is the distance measured in the mean direction
'
of the side lines of the lot from the midpoint of the
front lot line to the midpoint of the opposite main rear
line of the lot.
30.
Lot Lines. The lines bounding a lot.
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31. Lot Width. The straight line distance between the points
where the building setback line interacts the two side
' lot lines.
32. Lot of Record. A lot which is a part of a subdivision,
a plat .of which has been recorded in the office of the
' County Register of Deeds, or a lot described by metes and
bounds, the description of which has been recorded in the
office of the Register of_Deeds.
'
33.
Mobile Homes. A structure that: (a) consists of a
single unit completely assembled at the factory or of
multiple principal components totally assembled at the
factory and joined together at the site; and (b) is
designed so that the total structure (or in the case of
a double -wide or triple -wide, each component thereof) can
be transported on its own chassis; and (c) is over 32
feet long and over 8 feet wide; and (d) is originally
designed for human occupancy and provides complete,
independent living facilities for one family, including
permanent provisions for living, sleeping, eating, cook-
ing, and sanitation.
34.
Mobile Home Park. Any site or tract of land, of contigu-
ous ownership, upon which mobile home spaces are provided
for mobile home occupancy.
35.
Mobile Home Space. A plot of land within a mobile home
park designed for the accommodation of one mobile home in
accordance with the requirements set forth in this
Ordinance.
36.
Mobile Home Stand. That portion of the mobile home space
intended for occupancy by the mobile home proper, con-
sisting of a rectangular plat of ground.
'
37.
Modular Structure. A factory manufactured structure
designed for year-round residential or commercial use
with major components or modules preassembled and
transported to a site for final assembly and utility
connection. Such a structure must meet all building code
requirements as conventionally constructed buildings and
may be used wherever and however conventional buildings
are used.
38.
Nonconforming Use. The use of a building, mobile home,
or land which does not conform to the use regulations of
this Ordinance for the district in which it is located,
either at the effective date of this Ordinance or as
result of subsequent amendments which may be incorporated
into this Ordinance.
39.
Parking Lot. An area or plot of land used for the stor-
age or parking of vehicles.
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40. Parking Space. A storage space of not less than nine (9)
feet by eighteen (18) feet for one automobile, plus the
necessary access space.
41. Planned Unit Development. A form of development usually
characterized by a unified site design for a number of
housing units, clustering buildings and providing common
open space, density increases, and a mix of building
types and land uses.
42. Private Road or Street. Any road or street, within a
mobile home park, group housing project, commercial cen-
ter, industrial park, or other development which is not
publicly maintained and is used for access by the occu-
pants of the development, their guests, and the general
public.
42a. Premises. A parcel of land and its accompanying struc-
ture.
43. Service Station. Any building or land used for the dis-
pensing, sale, or offering for sale at retail, any auto-
mobile fuels, lubricants, tires, and accessories, except
that car washing, mechanical and electrical repairs, and
tire repairs are only performed indoors. Incidental
activities shall not include tire retreading, major body
work or major mechanical work.
44. Shopping Center. Two (2) or more commercial establish-
ments planned and constructed as a single unit with off-
street parking and loading facilities provided on the
property and related in location, size, and type of shops
to the trade area which the unit serves.
45. Sign. Any device to display advertising designed to
inform or attract attention. Sign means any letter,
figure, character, mark plane, point, marquee, sign,
design, pictorial, picture, stroke, poster, stripe, line
trademark, reading matter or illuminated service, which
shall be so constructed, placed, attached, painted,
erected, fastened, or manufactured in any manner what-
soever so that the same shall be used for the attraction
of the public to any place, subject, person, firm,
corporation, public performance, article, machine or
merchandise, whatsoever, which are displayed in any man-
ner whatsoever out of doors. The following shall not be
included in the application of the regulations herein:
a. Signs not exceeding one (1) square foot in area
and bearing only property numbers, post office
box numbers, names of occupants of premises, or
other identification of premises not having
commercial connotation;
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b. Flags and insignias of any government except
when displayed in connection with commercial
promotion;
C. Legal notices, identification, information, or
directional signs erected or required by
governmental bodies;
d. Integral decorative or architectural features
on buildings except letters, trademarks, moving
parts, or moving lights; and
e. signs directing and guiding traffic and parking
on private property, but bearing no advertising
matter.
46. Sign Area. The entire face of a sign and all wall work,
including illuminating tubing incidental to its decora-
tion shall be included for measurement of sign areas. In
the case of an open sign made up of individual letters,
figures, or design, all intervening area shall be
included as part of the sign area. In computing sign
area, only one side of a double -face sign structure shall
be considered.
47. Sign, commercial Accessory. A free-standing sign on a
commercial parcel relating to the products sold thereon
in addition to the principal use sign.
48. Sign, Principal Uses. A sign which directs attention to
a business, commodity, service, entertainment, or other
activity, conducted, sold, or offered on the premises
upon which said sign is located.
49. Sign, Outdoor Advertising. Any sign, including a stan-
dard poster panel either free-standing or attached to a
structure which directs attention to a business commodi-
ty, service, entertainment, or other activity, conducted,
sold, or offered elsewhere than on the premises on which
said sign is located.
50. Sign, Temporary. A sign permitted for a period not
exceeding twelve (12) months.
51. Stable, Private. A stable on a lot not less than one
acre in size which has a capacity of not more than one
(1) horse for each ten thousand (10,000) square feet of
lot area and where such horses are owned by the owners or
occupants of the premises and are not kept for remunera-
tion, hire, or sale.
52. Stable, Public. A
stable
meeting the same
requirements
as a private stable
except
that such horses
may be owned
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the
by persons other than the owners or occupants of
premises and may be kept for remuneration, hire, or sale.
53.
Story. That portion of a building included between the
surface of any floor and the surface of the next floor
above it, or if there be no floor above it, then the
space between such floor and the ceiling next above it.
In computing the height of a building, the height of the
basement or cellar, if below grade, shall not be in-
cluded.
54.
Street. A thoroughfare which affords the principal means
of access to abutting property, including avenue, place,
way, drive, land, boulevard, highway, road, and any other
thoroughfare except an alley.
55.
Street Line. The line between the street right-of-way
and abutting property.
56.
Structure. Anything constructed or erected with a fixed
location on or in the ground or attached to something
having more or less a fixed location on or in the ground.
Among other things, structures include buildings, mobile
homes, walls, fences, signs, billboards, poster panels,
and swimming pools.
'
57.
Structural Alterations. Any change, except for repair or
replacement, in the supporting members of a structure,
such as bearing walls, columns, beams, or girders.
58.
Tourist Home. See Guest House.
59.
Town Board. The Board of Commissioners of the Town of
'
Vandemere, North Carolina.
60.
Travel Trailer. Any vehicle or structure originally
designed to be transported and intended for human
'
occupancy for short periods of time, such vehicle usually
containing limited or no kitchen and bathroom facilities.
Travel trailers shall.include the following:
a. House Trailer. A vehicular, portable structure
built on a wheeled chassis, designed to be
towed by a self-propelled vehicle for use for
travel, recreation, and vacation purposes,
having a body width eight (8) feet or less or
a body length thirty-two) 32) feet or less when
equipped for road travel.
' b. Pickup Coach. A portable structure for use as
a temporary dwelling for travel, recreation,
and vacation, designed to be mounted on a truck
chassis for a temporary dwelling while either
mounted or dismounted.
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C. Motor Home. A portable, temporary dwelling to
be used for travel recreation, and vacation,
constructed as an integral part of a self-pro-
pelled vehicle.- This definition shall include
vans or panel trucks equipped for camping.
' d. Camping Trailer. A folding structure manufac-
tured of metal, wood, canvas, and/or other
' materials, mounted on wheels and designed for
travel, recreation, and vacation use.
61. 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 provided
herein.
62. Yard, Front. A yard across the full width of the lot,
extending from the front line of the building, excluding
steps and uncovered porches, to the front lot line.
' 63. Yard, Side. An open unoccupied space on the same lot
with a building between the building and the side line of
' the lot extending through from the front building line to
the rear yard or to the rear line of the lot, where no
rear yard is required.
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