Zoning Ordinance Revisions-1988

TOWN OF WINTON
ZONING ORDINANCE REVISIONS
October 28, 1988
Prepared by:
Zoning Ordinance Advisory Committee
Bruce Brady Mar
Fletcher F. Lassiter Walla
Sheldon Simmons
A
Approved September 12, 1988 by:
Winton Town Board
Marshall W. Askew Calvin S. Hall
Ulysses G. Hall Fletcher F. Lassiter
Wesley Liverman
Charles B. Jones, Mayor
Technical Assistance provided by
Mid -East Commission
Connie Price, Planner -in -Charge
Eric Wise, Planning Intern
Jeanne Ashmore, Secretary
This project was funded in part by
A grant provided by the North Carolina Coastal Management
Program, through funds provided by the Coastal Zone
Management Act of 1972, as amended, which is administered by
the Office of Ocean and Coastal Resource Management, National
Oceanic and. Atmospheric Administration.

CHAPTER 92: ZONING REGULATIONS
Section
General Provisions
92.01 Short tile
92.02 Purpose and authority
92.03 Establishment of districts
92.04 Territorial limits
92.05 Application
92.06 Definitions; interpretation
Use Requirements by bistrict
92.15
Conformity of permitted uses
92.16
R-15 Single -Family Residential District
92.17
R-9 Single -Family Residential District
92.18
R-5MH Mobile Home Park Residential District
92.19
R-3MF Multi -Family Residential District
92.20
O-I Office and Institutional District
92.21
B-1 General Business District
92.22
B-2 Highway Business District
92.23
I-L Light Industrial District
92.24
I-H Heavy Industrial District
92.25
AEC Areas of Environmental Concern District
• 92.26
PUD Planned Unit Development Overlay District
Supplemental District Regulations
92.35
Off-street parking
92.36
Off-street parking
92.37
Sign regulations
92.38
Reserved
92.39
Fences
92.40
Mobile homes
92.41
Mobile home parks
Criteria for Discretionary Permits
92.50 General provisions
92.51 Conditional use
92.52 Variances
92.53 Nonconforming uses
Administrative Authority and Process
92.60 Zoning Enforcement Officer
• 92.61 Building permit
92.62 Certificate of occupancy
92.63 Board of Adjustment
92.64 Remedies
9-50

9-51 ZONING REGULATIONS §92.03
Zone Chancre and Amendments
92.70
92.71
92.72
92.99
General Provisions
Action by Applicant
Action by Town Board
Penalty
GENERAL PROVISIONS
5 92.01 SHORT TITLE.
These regulations shall be known as the Zoning Ordinance of the
Town of Winton, North Carolina, and may be cited as the zoning
ordinance or zoning code.
6 92.02 PURPOSE AND AUTHORITY.
The zoning regulations and districts as herein set forth have been.
made in accordance with the Town Land Use Plan and are designed to
lessen congestion in the streets; to secure safety from fire, panic,
and other dangers; to promote health and the general welfare; to
provide adequate light and air; to prevent the overcrowding of land;
to avoid undue concentration of population; to facilitate the
adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements. These regulations and
districts have been developed with reasonable consideration, among
other things, as to the character of the district and its peculiar
suitability for particular uses, and with a view to conserving the
value of buildings and encouraging the most appropriate use of land
throughout the community. The provisions of this chapter are
adopted under authority granted by the General Assembly of the
State, particularly G.S. 160A-381 through 160A-394.
5 92.03 ESTABLISHMENT OF DISTRICTS.
(A) Use district named. For the purpose of this chapter, the
town is divided into nine use districts with the designations and
purposes as listed below:
R-15 Single -Family Residential District
R-9 Single -Family Residential District
R-5MH Mobile Home Park Residential District
R-3MF Multi -Family Residential District
0-I Office and Institutional District
B-1 General Business District
B-2 , Highway Business District

§ 92.04 ZONING REGULATIONS 9-52
I-L. Light Industrial District
I-H Heavy Industrial District
AEC Area of Environmental Concern (overlay district)
PUD Planned Unit Development (overlay district)
(B) District boundaries shown on official zoning map. The
boundaries of the districts are shown on the map made a part of
this chapter entitled official zoning map. The zoning map and all
the notations, references, amendments thereto, and other information
shown thereon are made _a part of this chapter and the same as if
such information set forth on the map were all fully described and
set out here. The zoning. map properly attested is posted at the
Town Building and is available for inspection by the public.
(C) Interpretation of district boundaries. When uncertainty
exists with respect to the boundaries of districts as shown on the
official zoning map, the following rules shall apply:
(1) Delineation. District boundary lines are intended to be
along or parallel to property lines, lot lines, streets, alleys,
railroads, easements, other rights -of -way, and not less than 75 feet
from the centerline of creeks, streams, or other water channels.
(2) Town Board. When the street or property layout on the
ground is at variance with that shown on the official zoning map,
the Town Board shall interpret the district boundaries of this
chapter.
(D) Interpretation of district regulations. Regulations for
each district shall be enforced and interpreted according to the
following rules:
(1) Permitted uses. Uses not designated as permitted uses
shall be prohibited, except when conditional or special uses as
herein defined are permitted according to the additional regula-
tions imposed.
(2) Minimum regulations. Regulations set forth by this
chapter shall be minimum regulations. If the district requirements
set forth in this chapter are at variance with the regulations of
any other lawfully adopted rules, regulations, or other ordinances,
the more restrictive or higher standard shall govern.
(3) Land covenants. Nothing in this chapter shall modify or
repeal any dead restrictions but no such restrictions shall
constitute a basis for failing to comply with the chapter.
G 92.04 TERRITORIAL LIMITS.
The provisions of this chapter shall be applicable only within the
corporate limits of the town as defined by the official zoning map.

§ 92.06 ZONING REGULATIONS 9-56
"CURB CUT." A lowered or cut -away curb for purposes of ingress or
egress to property abutting a public street.
"DISTRICT. ZONING." A section of the town or its extraterritorial
area within which the zoning regulations are uniform.
"DOG PEN." A fenced structure with, or without roof providing
containment or shelter for not more than two dogs beyond the age of
12 weeks. Dog pens are accessory uses and must respect the setback
requirements of the zone in which they are located. Dog pens shall
be permitted for private noncommercial uses only.
"DUPLEX." See "DWELLING. TWO-FAMILY (DUPLEX)."
"DWELLING. SINGLE-FAMILY." A detached residence' designed for or
occupied by one family only.
"DWELLING. TWO-FAMILY (DUPLEX)." A residence designed for or
occupied by two families only, with separate housekeeping and
cooking facilities for each.
"DWELLING. MULTI -FAMILY." A residence designed for or occupied by
three or more families, with separate housekeeping and cooking
facilities for each, including apartments, hotel apartments, and
group housing.
"DWELLING UNIT." A building, or portion thereof, providing
complete living facilities for one family.
"EXTRATERRITORIAL AREA." That land beyond the corporate limits as
delineated in the official zoning map for the town in accordance
with G.S. 160A-360.
"FAMILY." One or more persons occupying a premises and living as
a single housekeeping unit, as distinguished from a group occupying
a boarding house, fraternity, or sorority house, or hotel.
"FAMILY CARE HOME." A facility that provides room and board,
personal care, and rehabilitation services in a family environment
for a maximum of six residents.
"FRONTAGE." The distance between the two side lines as measured
along the front setback line.
"GROUP PROJECTS." Two or more buildings to be constructed on a
parcel of land not subdivided into customary streets and lots and
which will not be so subdivided.
"HOME OCCUPATION." An occupation, profession, or craft, which is
customarily incidental to or carried on in a dwelling place or
premises and not one in which the use of the premises as a dwelling
place is largely incidental to the occupation carried on, and which
occupation is carried on by an immediate member of .the family
residing within the dwelling place provided,.however, there shall be

9-57 ZONING REGULATIONS § 92.06
c
no structural alteration or changes in the dwelling or on the
premises and there is no display of merchandise on the premises
which can be seen from the exterior of the dwelling, and any
instruction shall be limited to one pupil at a time. Noise, odor,
smoke, gases, fallout, vibration, heat, or glare resulting from the
sue shall not be of the intensity as to be detected outside of the
containing structure.
"HOTEL." A commercial structure in which sleeping accommodations
are provided and offered to transient visitors for compensation.
"JUNK YARD." Use of property for indoor or outdoor storage, sale,
or resale of junk including scrap metal, rags, paper, or other scrap
materials, used lumber, salvaged house wrecking, and structural
steel, materials, and equipment, or for the dismantling, demolition,
or abandonment of automobiles and boats or other vehicles or
machinery or parts thereof.
"KENNELS." Private noncommercial dog pens which contain more than
two dogs or commercial enterprises which provide food, shelter, and
other services regardless of number of dogs. Kennels of a commer-
cial measure are by definition restricted to commercial districts.
and did not qualify as home occupations under the set requirements
of this chapter.
"�A ."" A lot is a parcel of land at least sufficient size to meet
minimum zoning requirements for use, coverage, and area, and to
provide such yards and other open spaces as are herein required.
Such lot may consist of:
(A) A single lot of record;
(B) A portion of a lot of record;
(C) A combination of complete lots of record, of complete lots of
record and portions of lots of record, or of portions of lots of
record; or
(D) A parcel of land described by metes and bounds; and provided
that in no case of division or combination shall any residual lot or
parcel be created which does not meet the requirements of this
chapter.
"LOT DEPTH." The mean arithmetic horizon distance between front
and rear lot lines.
"LOT OF RECORD." A lot which is a part of a subdivision or plat
which gas 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 so recorded.
"LOT WIDTH." 'The arithmetic mean horizontal distance between side
lot lines.

§ 92.06 ZONING REGULATIONS 9-60
"SIGN FREE-STANDING." A sign structure supported by poles,
uprights, or braces extending from or anchored into the ground but
not attached to any part of the building.
"SIGN. PRINCIPAL USE." A sign which directs attention to a
business, commodity, service, entertainment, or other activity,
conducted, sold, or offered exclusively on the premises on which the
sign is located.
"SIGN. OUTDOOR ADVERTISING." Any sign, including a standard
poster panel either free-standing or attached to a structure which
directs attention to a business, commodity, service, entertainment,
or other activity, conducted, sold, or offered elsewhere than on the
premises on which said sign is located.
"SIGN. TEMPORARY." A sign permitted for a period not exceeding 12
months including for sale, for rent, construction company's name,
subcontractors' names, and architect's names.
"SIGN WALL." A sign attached to, painted on, or erected against a
wall or parapet wall of a building, structure, or fence whose
display surface is parallel to the face of the building, structure,
or fence.
"SPECIAL USE" or "CONDITIONAL USE." A special use is a use that
would not be appropriate generally as a right without restriction
throughout a zoning district, but which, if controlled as to number,
area, location, or relation to the neighborhood, would promote the
public health, safety, morals, or the general welfare. Also known
as "CONDITIONAL USE."
"STREET." A dedicated and accepted public right-of-way for
vehicular traffic which affords the principal means of access to
abutting properties.
"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,
swimming pools, and fallout shelters.
"TOURIST HOME." A dwelling in which sleeping or eating accom-
modations are provided or offered to transient visitors for
compensation. See "BOARDING HOUSE."
"TRAILER.
HOUSE."
See "MOBILE
HOME."
"TRAILER
PARK."
See "MOBILE
HOME
PARK."
"TRAVEL TRAILER." A vehicular, portable structure built on a
chassis, designed to be used as a temporary dwelling for travel and
recreational purposes, having a body width not exceeding eight feet.
A travel trailer is not a dwelling unit.

§ 92.16 ZONING REGULATIONS 9-62
(2) Public parks and picnic areas.
(3) Churches and similar places of worship.
(4) Public and private schools.
(5) Customary accessory buildings, including private garages
and noncommercial greenhouses and workshops.
(6) Home occupation.
(7) Family care homes.
(8) Open space.
(B) The following uses are conditional uses and may be permitted
subject to a finding by the Town Board that the additional con-
ditions of §§92.50 through 92.53 have been met:
(1) Golf course and associated uses such as a private
clubhouse or lodge.
(2) Public buildings such as fire, police, and library
facilities and community centers.
(3) Public works and public utility substations such as
water tanks, pumping stations, treatment plants and electric, gas,
oil pipeline, telephone substations provided that all dangerous
apparatus shall be enclosed by a 'chainlink fence at least six feet
in height; no vehicles or materials shall be stored on the premises
and no offices shall be permitted; and that landscape is screened
with shrubs and other vegetation so as to blend with the surrounding
area.
(4) Planned Unit Developments (PUD) which meet the require-
ments of §92.26.
(C) District requirements R-15.
(1) Lot area, minimum required - 15,000 square feet.
(2) Lot width, minimum required - 90 feet.
(3) Front yard, minimum required - 20 feet.
(4) Side yard, minimum required - 10 feet.
Side yard abutting street - 20 feet.
(5) Rear yard, minimum required - 20 feet
(6) Building height. No building shall exceed 35 feet in
height.
(7) Lot coverage. The total ground area covered by the
principal building and all accessory buildings including any roofed
area shall not exceed 40% of the total lot area.

§ 92.18 ZONING REGULATIONS
(2) Lot width, minimum required -
(3) Front yard, minimum required -
(4) Side yard, minimum required -
Side yard abutting street,
minimum required -
75 feet.
20 feet.
10 feet.
20 feet.
(5) Rear yard, minimum required - 20 feet.
9-64
(6) Lot coverage. The total ground area covered by the
principal building and all accessory buildings including any roofed
area shall not exceed 40% of the total lot area.
(7) Off-street parking shall be provided as required in
§92.35.
(8) Corner visibility. on a corner lot, within the area
formed by the center lines of the intersecting streets and line
adjoining points on such center lines at a distance of 80 feet from
their intersection, there shall be no obstruction to vision between
a height of three feet and a height of ten feet above the average
center line grade of each street.
(9) Signs. Signs shall meet the requirements set forth in
§92.37.
Penalty, see §92.99.
4 92.18 R-5MH MOBILE HOME PARK RESIDENTIAL DISTRICT.
The R-5MH Residential District is established as a district
in which the principal use of land is for single-family mobile homes
in a mobile home park. The regulations of this district are
intended to provide areas of the community for those persons
desiring to live in a mobile home park. -
(A) The following uses are permitted:
(1) Mobile home park subject to §§92.40 and 92.41.
(2) Modular homes.
(3) Public parks and picnic areas.
(4) Churches.
(5) Family care homes.
(6) Accessory uses provided they are in association with the
primary or limited use within the same development to include:
Indoor and outdoor recreational facilities, such as swimming pools,
saunas, game and craft room, exercise and dance studios, community
meeting rooms, and lounges.
(7) Home occupation.
(8) Open space.

§ 92.19 ZONING REGULATIONS 9-66
& 92.19 R-3MF MULTI -FAMILY RESIDENTIAL DISTRICT.
The R-3MF Residential District is established as a district in
which the, principal use of land is for single-family, two-family,
and multi -family residences.The regulations of this district are
intended to provide areas of the community for those persons
desiring small residences and multi -family structures in relatively
high density. neighborhoods. The regulations are intended to
discourage any use which because of its character would interfere
with the residential nature of this district.
(A) The following uses are permitted:
(1) Any use permitted in the R-15 Residential District,
including modular but excluding mobile homes on individual lots.
(2) Two-family and multi -family developments.
(3) Tourist homes and guest houses.
(4) Family care homes.
(5) Open space.
(B) The following uses are conditional uses and may be permitted
subject to a finding by the Town Board that the additional condi-
tions of §§92.50 through 92.53 have been met. Any conditional use
permitted in the R-9 Single -Family Residential District.
(C) District requirements R-3MF.
(1) Lot area, minimum required for
single-family dwelling' - 6,000 square feet
(2) Lot width, minimum required - 60 feet.
(3) Front yard, minimum required - 20 feet.
(4) Side yard, minimum required"for
one or two story - 10 feet.
Five additional feet shall be added to each side yard
for each full story of building height in excess of
two stories.
Side yard abutting street - 20 feet.
(5) Rear Yard, minimum required - 20 feet.
(6) Lot coverage. The total ground area covered by the
principal building and all accessory buildings including any roofed
area shall not exceed 40% of the total lot area.
(7) Off-street parking shall be provided as required in
§92.35.

9-67 ZONING REGULATIONS § 92.20
(8) Corner visibility. On a corner lot, .within the area
formed by the center lines of the intersecting streets and a line
joining points on such center lines at a distance of 80 feet from
their intersection, there shall be no obstruction to vision between
a height of three feet and a height of ten • feet above the average.
center line grade of each street.
(9) Signs shall meet the requirements set forth in §92.37.
(10) Building height. No building shall exceed 35 feet in
height.
Penalty, see §92.99
G 92.20 O-I OFFICE AND INSTITUTIONAL DISTRICT.
(A) The O-I Office and Institutional District is established as a
district primarily.for institutional uses, office uses, and commer-
cial activities having only limited contact with the general public,
not involving the sale of merchandise at retail except incidentally.
the regulations of this district are intended to encourage struc-
tures surrounded with ample open spaces including that for yards and
for off-street parking and loading of vehicles.
(1) All uses permitted in the R-9 Residential District.
(2) Agencies rendering specialized services such as real
estate, insurance, advertising, brokerage, stenographic, telephone
answering, and similar services.
(3) Offices rendering professional services such as legal,
medical, dental, engineering, architectural, and similar
institutions.
(4) Hospitals, nursing homes, convalescent homes, rest
homes, charitable institutions, medical clinics, and dental clinics.
(5) Churches and related uses, public and private schools,
libraries, museums, and art galleries, parks, playgrounds, community
centers, civic, fraternal uses.
(6) Municipal, county, state, and federal offices and
buildings not involving the outdoor storage of equipment or
material.:
(7) Banks and other financial institutions.
(a) Studios for artists, designers, photographers, and other
similar activities.
(9) Parking lots.

§ 92.21 ZONING REGULATIONS 9-68
(B) The following uses are conditional uses and may be permitted
subject to a finding by the Town Board that the additional condi-
tions §§92.50 through 92.53 have been met:
(1) Funeral homes, undertaking establishments, and embalming
provided there be adequate off-street parking.
(2) Motels and motor courts provided that all buildings are
located not less than 100 feet from a public right-of-way.
(C) District requirements 0-I.
(1) All residential lots shall meet the requirements of the
R-9 Residential District.
(2) All office and institutional uses shall comply with the
dimensional requirements of the B-2 Commercial District.
Penalty, see §92.99
S 92.21 B-1 GENERAL BUSINESS DISTRICT.
The regulations for this district are designed to permit a
concentrated development of permitted facilities within the central
portion of the town with emphasis on large scale stores and
specialized shops serving a regional retail trading area.
(A) The following uses are permitted:
(1) Stores retailing: notions, dry goods, shoes, clothing,
jewelry, leather goods, gifts, books, flowers, cameras, toys,
sporting goods, paint, pets, musical instruments, hobby and craft
goods, drugs, magazines, and candy.
(2) Business, financial, governmental, medical, and
professional offices and agencies.
(3) Stores retailing: groceries, furniture, appliances,
electrical and plumbing fixtures, wallpaper and paint, upholstery,
antiques, automobiles, bicycles, motorcycles, farm machinery, radio
and television, seed and feed.
(4) Bus stations, banks, cab stands, parking lots, hotels,
motels, theaters, bowling alleys, pool halls, shoe repair, dry
cleaning and laundry, restaurants-, cafeterias, libraries, fire and
police stations, radio and television repair, and printing.
(5) Open space.
(B) The following are conditional uses and may be permitted
subject to a finding by the Town Board that the additional condi-
tions §§92.50 through 92.53 have been met.

9-69. ZONING REGULATIONS § 92.22
Service stations shall have a minimum lot area of 7,000 square
feet with a frontage of not less than 100 feet. No portion of a
service station building or equipment shall be nearer than 25 feet
to the front property line. All automobile repair or storage shall
be performed inside a structure.
(C) Dimensional requirements.
(1) No yards are required except that if the rear of the
plot abuts a residential district there shall be a 20 foot rear yard
and if side yards are provided they must be at least three feet in
width.
(2) Buildings constructed or converted to commercial use
after the effective date of this chapter shall provide off-street
loading berths as .required in §92.36.
(3) All signs or billboards must meet the requirements set
forth in §92.37.
(4) Every building hereafter erected or structurally altered
to exceed 50 feet in height shall be set back from the front lot
line on a ratio of one foot for each two feet rise above 50 feet in
height.
Penalty, see §92.99.
G 92.22 B-2 HIGHWAY BUSINESS DISTRICT.
These commercial district are generally located on the major
radial highways into the town and provide offices, personal
services, and retailing of durable and convenience goods for the
community. Because these commercial uses are subject to the public
view, which is a matter of important concern to the whole community,
they should provide .an appropriate appearance, ample parking,
controlled traffic movement, and suitable landscaping, including
adequate buffers on sides adjacent to residential uses.
(A) The following uses are permitted.
.(1) Stores retailing: groceries, drugs, notions, fish,
meat, antiques, hardware, upholstery, paints, furniture, appliances,
radio and television, automobiles, bicycles, motorcycles, farm
equipment, paint and wallpaper, electrical and plumbing fixtures,
nursery stock and supplies.
(2) Motels, banks, tourist homes, barber and beauty shops,
shoe repair, laundry and dry cleaning, restaurants, service
stations, parking lots, radio and television repair, funeral homes,
drive-ins dispensing foods, radio and television broadcasting
stations, offices, signs, billboards, open space and recreational
facilities.
(B) The following uses are conditional uses and may be permitted
subject to a finding by the Town Board that the additional
conditions of §§92.50 through 92.53 have been met.

§ 92.26 ZONING REGULATIONS 9-74
(a) Utility easements, docks, dredging, bridges and
bridge approaches, bulkheads, culverts, groins, simple access
channels, and drainage ditches.
(b) Determination of whether those conditions are met
shall be in communication with the appropriate LAMA permit officer.
(3) District requirements AEC.
(a) According to the Land Use Plan, certified by the
Coastal Resources Commission, the Chowan River is designated as a
public trust waters AEC and classified as conservation on the land
classification map (see Land Use Plan). As such the AEC District
consists of the AEC itself (including surface waters) and a buffer
area extending to a point 75 feet from the mean high water mark.
(b) All adjacent projects (land uses), proposals, and
designs shall provide a 75 foot bufferyard which adequately protects
the AEC from increased erosion, pollution, or other infringement
upon the public rights.
(c) All development projects shall comply with the,
following mandatory standards of the North Carolina Sedimentation
Pollution Control Act of 1973:
1. No development project shall permit an angle
for graded slopes, or fill, which is greater than an angle which can
be retained as vegetative cover or other adequate erosion -control
devices or structures.
2. All development projects which involve
uncovering more than one acre of land shall plant a ground cover
sufficient to restrain erosion within 30 working days of completion
of the grading.
Penalty, see §92.99.
6 92.26 PUD PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT.
(A) The purpose of the Planned Unit Development Overlay District
is:
(1) To allow flexibility that will encourage a more creative
approach in the development of land, and will result in a more
efficient, aesthetic, and desirable use of open area, while
substantially maintaining the same population density and area
coverage permitted in the district in which the project is located.
(2) To allow flexibility in design, placement of buildings,
use of open spaces, circulation facilities, off-street parking
areas, and to best utilize the potentials of sites characterized by
special features of geography, topography, size, and shape.

9-85 ZONING REGULATIONS §92.37
492.36 OFF-STREET LOADING.
(A) The number of off-street loading berths required by this
section shall be considered as the absolute minimum and the
developer shall evaluate his own needs to determine if they are
greater than the minimum specified by this section. For purposes of
this section an off-street loading berth shall have minimum plan
dimensions of 12 feet by 25 feet and 14 feet overhead clearance with
adequate means for ingress and egress. A loading space requirement
may be modified or waived by the Town Board on application in the
case of a bank, theater, assembly hall, or other building of similar
limited loading space requirements.
(B) Number of required off-street loading berths.
(1) For structures containing not more .than 20,000 square
feet of gross floor area one berth shall be required.
(2) For structures containing 20,000 or more square feet of
gross floor area, the number of berths specified in the table below
shall be provided.
Square Feet
of Gross
Required Number
Floor
Area
of Berths
20,000 -
40,000
2
40,000 -
100,000
3
100,000 -
100,000
4
160,000 -
240,000
5
240,000 -
320,000
6
320,000 -
400,000
7
Each 80,000 above 400,000, add one.
Penalty, see §92.99
§ 92.37 SIGN REGULATIONS.
(a) Purpose.
(1) It is the purpose of this section to:
(a) Promote, preserve, and protect the health, safety,
and general welfare of the present and future inhabitants of the
municipality by providing reasonable regulations and standards
relating to signs;
(b) To lessen congestion in the streets, provide for
the promotion of traffic safety, and the orderly movement of
traffic; and
(c) To protect and enhance the overall appearance of
the community.

§ 92.37
ZONING REGULATIONS
9-86
(2) This code recognizes and subscribes to the right of
businessmen to advertise their businesses on their own premises and,
in proper circumstances, on the premises of others.
(B) signs not subject to permits. The following signs may be
erected and maintained in all districts without permits:
(1) Governmental signs, such as traffic or similar regula-
tory devices, legal notices, or warnings;
(2) Memorial plaques, historical markers, and similar
devices;
(3) Church and community identification no larger than 25
square feet in sign area and located no closer than five feet from
any property line;
(4) Civic groups or bodies no larger than 25 square feet in
sign area;
(5) Cautionary or warning signs limited to sign messages
warning hazards for the protection of persons or property in the
immediate area of the sign. These signs shall not exceed four
square feet in area per sign;
(6) Occupant signs/residential district signs limited in
content to the name of -occupant or occupants and addresses of the
premises. occupant signs shall not exceed two square feet per sign
in area and are limited to two such signs per street front.
Occupant signs shall not be illuminated from other than a concealed
light source and shall not flash,•blink, fluctuate,.or be animated.
(7) Temporary unilluminated real estate "for sale" signs,
shall not exceed six square feet in sign area for residential area
and 32 square feet for commercial and industrial property;
(8). Temporary signs not used as commercial advertising.
Such signs shall not exceed six square feet in sign area and shall
be erected for a period of not longer than 14 calendar days, per
year;
(9) Contractor signs not more than 12 square feet in sign
area, naming contractors engaged in the construction on the property
where the sign is located, the financing agency, or the realtor
promoting the constructor. These signs shall be set back not less
than ten feet from all property lines.
(C) Signs subject to a permit in a specific zone district. R-15,
R-9, R-5MH, and R-3MF Districts.
(1) General. Signs may be erected and maintained only for
and by the legal uses in the districts in which the signs are
located. Such signs shall be located on the same lot as the legal
use and shall be clearly incidental to, and customarily and commonly
associated with the operation of the legal use.

9-87 ZONING REGULATIONS § 92.37
(2) Permitted sign types. Wall mounted and ground -type
signs shall be permitted.
(3) Maximum sign area.
(a) Home occupation sign. The maximum of the face of
the sign shall not exceed two square feet.
(b) Governmental, church, or civic club signs. The
maximum area of the sign shall not exceed 24 square feet.
(c) Subdivision entrance/identification signs. The
maximum area of the face of the sign shall not exceed 60 square feet
and shall not exceed two signs per any one intersection within a
development.
(4) Maximum height above grade.
(a) The maximum height for wall signs shall not exceed
eight feet above grade.
(b) The maximum height for ground signs shall not
exceed six feet above grade.
(5) Permitted location.
(a) Wall signs. Wall signs shall be set back from the
boundary lines of the lot on which they are located the same
distance as a building containing the legal use. Wall signs shall
not project more than 18 inches from the surface to which they are
attached. Such signs shall not' be hazardous to public safety or
vehicular and pedestrian traffic.
(b) Ground signs. Ground signs,shall be set back from
any boundary line of the lot; provided, that a clear area be
maintained to a height of six feet within 55 feet of the intersec-
tion of two streets, a railroad right-of-way and a street, or a
driveway and a street.
(6) Permitted illumination. Signs may be illuminated, but
only from a concealed light source and shall not flash, blink, or
fluctuate; and no red, green, or yellow lights shall be allowed
within 55 feet of the intersection of two streets, and shall not
have any moving, rotating, or otherwise animated parts. Any sign in
violation of this section shall become a violation on the effective
date of this chapter. Such signs shall be brought into conformity
or removed within 30 days of the effective date of this chapter.
(D) 0-I, B-1 Districts.
(1) General. Signs may be erected, altered, and maintained
only for and by legal uses in the district in which the signs are
located. They shall be located on the same lot as the legal use and
be clearly incidental to, and customarily and commonly associated
with, the operation of the legal use.

v
§ 92.37 ZONING REGULATIONS 9-88
(2) Permitted sign types. Wall mounted, time and tempera-
ture, ground, or free-standing signs shall be permitted. Free-
standing signs (other than shopping center identification signs)
shall not be permitted within a unified shopping center sites.
(3) Maximum sign area. Wall sign. The maximum area of the
face of a wall sign shall not exceed two square feet per linear foot
of the wall on which such sign is located. In any instance, such
wall sign shall not be more than 300 square feet and shall not
extend more than 18 inches from the face of the building.
(4) Maximum height above grade.
(a) Wall signs in this district may be erected to the
full height of the building, but shall not be higher than the
roof line.
(b) Free-standing signs shall not exceed 25 feet above
grade.
(5) Permitted location. Ground or free-standing signs shall
be set back not less than ten feet from any street right=of-way, and
not less than ten feet from a side -or rear property line.
(6) Permitted illumination. Signs may be illuminated, but
shall not flash, blink, or fluctuate; and no red, green, or yellow
lights shall be allowed within 55 feet of the intersection of two
streets.
(7) Other conditions.
(a) Animation. No sign shall have moving, rotating, or
otherwise animated parts; provided however, that time and tempera-
ture and barber poles shall be allowed to rotate.
(b) Window signs.
1. Services messages: Notwithstanding any other
restrictions regarding window signs in CB and IL districts, no more
than ten square feet of the total window area shall be used for
public service messages or informational messages regarding services
offered, hours of operation, or other such information.
2. Promotional. Temporary promotional signs
advertising special sales, individual sale items, and other such
advertising campaigns shall be permitted to be affixed or suspended
from the interior side of windows.
3. Illuminated promotional.
a. Total number of free-standing signs
requiring a permit shall not exceed one per street frontage, for any
one site, lot, or business, or combination thereof.

SV89 ZONING REGULATIONS § 92.37
b. The maximum number of promotional signs,
not requiring a permit, shall not exceed five for any one site, lot,
or business or combination thereof.
(E) B-2, I-L and I-H Districts.
(1) General. Signs may be erected, altered, and maintained
only for and by the legal uses in the district in which the signs
are located.
(2) Permitted sign types. Wall -mounted, time and tempera-
ture, ground, or free-standing signs, off premises signs ,and
billboards shall be permitted.
(3) Maximum sign area.
(a) Wall sign. The maximum area of the face of a wall
sign shall not exceed two square feet per linear foot of the overall
building on which the wall sign is located. In any instance, such
wall sign shall not be more than 300 square feet and shall not
extend more than 18 inches from the face of the building.
(b) Free-standing sign. The maximum area of the face
of the sign for a ground or free-standing sign shall not exceed 150
square feet.
(c) Billboard/off premise sign.
1. The maximum area of the face of the sign for
billboard shall not exceed 675 square feet.
2. Where sign cutouts or graphic extensions are
utilized, the maximum face area may be extended an additional 50
square feet for the cutouts.
(4) Maximum height above grade.
(a) Wall signs in this district may be erected to the
full height of the building, but shall not be higher than the
roof line.
(b) Free-standing signs shall not exceed 25 feet above
grade.
(c) Billboards/off premise sign. The maximum height of
any billboard shall not exceed 30 feet above grade, except, where
such cutouts are used. The height of such cutouts can be extended
an additional five feet above such sign.
(d) Signs located at a major United States for North
Carolina highway intersection (which includes controlled access
ramps, or multilevel highway construction) maybe erected above the
maximum grade to a height that will allow the sign to be visible, by
vehicular traffic on relatively straight approaches to the
intersection.

9-91 ZONING REGULATIONS §92.37
1. The maximum number of free-standing signs
requiring a permit shall not exceed one per street frontage for any
one site, lot, or business, or combination thereof.
2. The maximum number of promotional signs, not
requiring a permit, shall not exceed five for any one site, lot, or
business, or combination thereof.
(F) Signs prohibited. The following signs are prohibited in all
districts, and no permits shall be insured therefore:
(1) Nongovernment signs which resemble or approximate the
shape, size, form, content, color, or operation of traffic or
railroad signs, signals, or devices.
(2) Signs which may interfere with the visibility or
effectiveness of railroad signs, traffic signs, or official
government signs.
(3) Signs placed or shaped so as to interfere with, or
obstruct traffic sign distances, windows, doors, fire escapes,
stairways, pedestrian walkways, or vehicular movement on public
streets, drives, and alleys.
(4) Illuminated business or commercial signs within 100 feet
of a R-15, R-3, and R-5 district or a planned Unit Development
District.
(5) Signs which move, rotate, flutter, or otherwise create
motion to attract attention, except where specifically noted in this
section.
(6) Flashing signs and devices or beacons, including those
which flash intermittently, change intensity of light, or flash by
rotation, except low -light -intensity time and temperature signs.
(7) Balloons or similar types of lighter -than -air objects,
except those balloons and lighter -than -air objects which are subject
to Federal Aviation Administration regulations because of their use
of flight pattern are not regulated by division (F)(7).
(a) Portable signs usually parked in public placed to
attract attention and used primarily for the purpose of such
display; provided, that signs painted or attached to vehicles shall
not be prohibited.
(9) Any sign not expressly permitted in this chapter.
(G) Wall, ground, or free-standing signs permitted for all uses
allowed by right in the O-I, B-1, B-21 IL and IH Districts may be
illuminated with indirect silhouette lighting, interior lighting, or

§92.37 ZONING REGULATIONS 9-92
flood or spot lighting if such lighting is so placed and shielded as
to illuminate only the face of the sign and to prevent light rays
from being cast on neighboring buildings or vehicular traffic.
(2) All signs shall comply with all state and local building
and electrical codes. All wiring to free-standing signs or to
lighting equipment directed to free-standing signs must be under-
ground, unless based on a finding of the Zoning Enforcement Officer
and the Board of Adjustments, as set out in §§92.70 through 92.72,
that special conditions require otherwise. In such event, installa-
tions shall be as recommended by the zoning Enforcement Officer and
approved by the Board of Adjustment, as set out in §§92.70 through
92.72.
(3) Whenever the use of a building or premises by a specific
business or activity is discontinued for that business or activity
for a period of 90 days, signs pertaining to that business or
activity shall be immediately removed by the owner.
(4) Maintenance. Every sign and sign structure including,
but not limited to, those signs and sign structures together with
supports for which no permit or permit fees are required, shall be
maintained in good structural condition at all times. All signs and
sign structures, including those for which no permits are requires
shall be kept neatly painted, including all metal parts and supports
that are not galvanized or of rust resistant materials. The Zoning
Enforcement Officer shall inspect and have the authority to order
painting, repair, alteration or removal of a sign or sign structure
which shall constitute a public nuisance or hazard to safety,
health, or public welfare by reason 'of inadequate maintenance,
dilapidation, obsolescence or abandonment. The Zoning Enforcement
Officer shall notify the owner of this condition and, on the failure
of the owner to correct this condition. within 60 days, the zoning
Enforcement Officer shall take appropriate legal action to repair or
remove the sign at the expense of the owner.
(5) All signs adjacent to the intersection of any streets or
driveways with any United States or North Carolina primary or
secondary highway shall set back not less than 150 feet sight
distance, as prescribed by the State Department of Transportation.
(6) All ground or free-standing signs shall have not more
than three face areas per sign.
(7) Height of ground sign; exception. Where an unusual
topographic situation exists, more specifically, where a certain
parcel of land is considerably below the traveled way, the maximum
height of the ground sign can be measured rom the adjacent traveled
way. For the purpose of this chapter, "TRAVELED WAY" is defined as
that portion of the roadway for the movement of vehicles, exclusive
of shoulders.
Penalty, see §92.99.

9-93 ZONING REGULATIONS §92.40
492.38
Reserved for future codification
G 92.39 FENCES.
Fences not exceeding a height of four feet shall be exempt from
the yard and building setback line requirements of this chapter.
Fences not exceeding a height of six feet to be erected only in side
or rear yards shall be exempt from the yard and building setback
line requirements of this chapter, provided that no fence exceeding
a height of four feet will be constructed within 15 feet of any
street. In all cases, the corner visibility provisions of this
chapter shall be observed.
(A) The overall intensity of land use is no higher and the
standard of open space is no lower than that permitted in the
district in which the project is is to be located.
§ 92.40 MOBILE HOMES.
(A) Minimum standards. Mobile homes shall be subject to the
following requirements in all of the zoning districts in which they
are allowed.
(1) The unit shall satisfy the requirements for a mobile
home as defined in §92.06.
(2) Reserved for future codifications.

§ 92.41 ZONING REGULATIONS 9-94
(3) Placement of the mobile home on a foundation or footings
according to requirements of the State Building Code - Regulations
for Mobile Homes; plans and specifications for the foundation or
footing design shall be submitted and a building permit obtained.
(4) Placement of manufactured skirting in those areas around
the perimeter of the mobile home which are not developed with a
foundation.
(5) Any extension of or attachment to the mobile home which
is not part of the original factory manufactured mobile home and
which is intended for use either as part of the dwelling unit or for
storage purposes shall not occur unless indicated as a part of the
application and is part of the approval. This application shall
include plans for review and approval to insure the extension or
attachment proposed is compatible and of like design and character
to the existing mobile home. A building permit shall be obtained
for such extensions or additions to mobile homes if so required by
the appropriate state statutes and regulations.
(6) The applicant must obtain an installation/set-up permit
for the mobile home from the county Building Inspector, -who is
acting on behalf of the town.
(B) Mobile homes in mobile home subdivisions shall be subject tot
he above requirements and the additional following requirements:
(1) An on -site paved parking area shall be provided for each
dwelling.
(2) Skirting shall be compatible with exterior design and
siding materials of the mobile home.
Penalty, seet §92.99
4 92.41 MOBILE HOME PARKS.
It shall be unlawful for a person to park or store a mobile home
or trailer, or maintain, build, or alter a mobile home park within
the town unless a final plan of the mobile home park has been
approved. Mobile Home Parks meeting the requirements of §92.40 are
permitted in the R-5MH District.
(A) Permits to build or altera mobile home park and approval of
plans. No person shall construct to engage in the construction of
any mobile home park or make any addition or alteration to a mobile
home park that either alters the number of sites for mobile homes
within the park or affects the facilities required therein until he
first secures a permit authorizing such construction, addition, or
alteration. The construction, addition, or alteration shall be done
in accordance with plans and specifications submitted with the
application and approved by the proper authorities. Procedure for
the applicant securing such permit and assuring the that the
requirements of the permit are complied with shall consist of the
following:

9-95 ZONING REGULATIONS § 92.41
(1) For the construction or alteration of a mobile home park
that affects the number of sites within'the park, a preliminary plan
containing the information prescribed in §92.41(B) shall be prepared
and submitted to the Town Council for approval. No plan is
required to be prepared and approved for issuance of a permit to
make minor facility improvements in an existing mobile home park
where the number of mobile home sites within the park is not
affected. when no plan is required, application for a building
permit may be made directly to the Building Inspector. All building
permit applications shall be made on forms supplied by the Building
Inspector and shall be accompanied by the preliminary plan- of the
park.
(2) If the application contains the required information and
the requirements of this chapter would be complied with, the permit
shall be issued. Building permits shall be nontransferable except
with the written consent of the Building Inspector.
(3) The Building Inspector shall make an examination of the
construction at any reasonable time to determine whether the work is
being done according to approved plans and specifications, and the
owner shall make available any records, test data, or other
information essential to such determination. '
(4) It is recommended that before filing a preliminary plan
of the proposed mobile home park for review by the Town Council, a
sketch plan may be submitted to the Building Inspector for his
suggestions and criticisms.
(5) After the preliminary plan has been approved and all
improvements and utilities specified in the preliminary plan have
been installed, two copies of the final plan shall be submitted to
the Building Inspector for certification of compliance with the
preliminary plan. If the Building Inspector shall find that the
final plan is satisfactory, the final plan shall be submitted for
approval by the Town Board. The final plan shall be prepared on
linen and shall contain the information prescribed in §92.41(C) and
shall, conform with the preliminary plan as approved. If desired by
the applicant, it may constitute only that portion of the approved
preliminary plan which he proposes 'to develop at that time,
provided, however, that such portion conforms to the minimum
requirements of this chapter.
(6) Where any land in the park is to be dedicated to public
use, the procedures of the subdivision regulations shall be
followed.
(B) The preliminary plan shall be drawn to a scale of not less
than one inch equals 40 feet and shall show the following on one or
more sheets:
(1) A site plan of the proposed mobile home park.
(2) The name of the mobile home park, the names and
addresses of the owners and the designer of the park.

§ 92.41 ZONING REGULATIONS 9-96
(3) Date, approximate north arrow, and scale.
(4) The boundary line of the tract with accurate linear and
angular dimensions drawn to scale and the area of the park in square
feet or acres.
(5) Contours with a vertical interval of one foot referred
to sea level datum and elevations of existing streets, roads,
drives, walks, curbs, or catch basins.
(6) A location map with a scale no less than one inch equals
1000 feet showing the location of a mobile home park.
(7) The locations of existing and platted property lines,
streets, buildings, water courses, railroads, bridges, water mains,
sewers, culverts, drainpipes, and any utility easements, both on the
land to be developed into a mobile home park and on land immediately
adjoining. The names of adjoining subdivisions or names or recorded
owners of adjoining parcels of unsubdivided land.
(8) The names, proposed location, and approximate dimensions of
proposed streets, alleys, driveways, entrances, exits, walkways,
easements, recreation areas, -parks and open spaces, reservations,
mobile home spaces, mobile home stands, and building lines within
the park. This information should be graphical only, not requiring
detailed computations or field work in obtaining the required
information above. In all cases the proposed characteristics shall
be shown in a manner that. shall distinguish them clearly from the
existing characteristics of the land.
(9) When deemed necessary by the Building Inspector,
profiles of all proposed public or private streets or drives,
showing natural and finished grades drawn to a scale of not less
than one inch equals 40 feet horizontal and one inch equals four
feet vertical.
(10) Plans of proposed utility layouts (sewer lines, septic
tank locations, septic tank drainfields, and water and storm
drainage) showing feasible connections to existing and proposed
utility systems.
(11) Proposed storm drainage for each mobile home space and
for the entire mobile park including all proposed grading and sewer
installations which may be deemed necessary to insure proper
drainage and the elimination of ponding.
(12) Location and number of garbage receptacles,
(13) A detailed plan for all electrical installations
prepared to meet the National Electrical Code and local codes or
ordinances.
(14) Where public water or public sewer is not available, a
written statement from the County Health Department shall be

9�-101 ZONING REGULATIONS § 92.53
(3) That the special conditions and circumstances do not
result from the actions of the applicant;
(4) That granting the variance requested will not confer on
the applicant any special privilege that is denied by this chapter
to 'other land, structure, or buildings in the same district.
(B) Appeals from the Board of Adjustment. Appeals from the -
decision of the Board of Adjustment shall be made to the county
Superior Court by proceedings in the nature of certiorari.
(C) Appeals from the Town Board. Appeals from the decisions of
the Town Board shall be to the County Superior County by proceedings
in the nature certiorari.
6 92.53 NONCONFORMING USES.
It is the intent of this chapter to permit these nonconformities
to continue until they are removed, but not to encourage their
survival. It is further the intent of this chapter, that nonconfor
mities shall not be enlarged on, expanded or extended, nor be used
as grounds for adding other structures or uses prohibited elsewhere
in the same district. Nonconforming uses are declared by this
chapter to be incompatible with the permitted uses in the district
involved.
(A) Nonconforming lots (lots of record).
(1) Where the owner of a lot at the time of the adoption of
this chapter or his successor in title thereto does not own
sufficient land to enable him to conform to the dimensional
requirements of this chapter, such lot may be used as a building
site, provided that the lot width and lot area are not more than 20%
below the minimum specified in this chapter. In any case where the
lot area and lot are more than 20% below the minimum specified in
this chapter or other dimensional requirements cannot be met, the
Town Board is authorized to approve as a variance such dimensions as
shall conform as closely as possible to the required dimensions.
(2) If two or more adjoining and vacant lots of record ar in
single ownership at any time the adoption of this chapter and such
lots individually have less frontage or area than the minimum
requirements of the district in which such lots are located, such
lots shall be considered as a single lot or several lots which meet
the minimum requirements of this chapter for the district in which
such lots are located.
(B) Nonconforming uses of land. Where at the time of passage of
this chapter lawful use of land exists which would not be permitted
by the regulations imposed by this chapter, the use may be continued
so long as it remains otherwise lawful, provided:

9-105 ZONING REGULATIONS § 92.63
(C) Construction progress. If no substantial construction
progress has been made within six months of the issuance of the
building permit or been substantially completed within one year of
the issuance of the permit, the permit becomes invalid.
Penalty, see §92.99.
§ 92.62 CERTIFICATE OF OCCUPANCY.
(A) No land shall be used or occupied (except. for agricultural
purposes) and no building hereafter structurally altered, erected,
or moved, shall be used, or its use changed until a certificate of
occupancy shall have been issued by the Building Inspector stating
that the building or the proposed use thereof complied with the
provision of this chapter. A like certificate shall be issued for
the purpose of maintaining, renewing, changing, or extending a
nonconforming use. A certificate of occupancy either for the whole
or a part of a building shall be applied for coincident with the
application for a building permit and shall be issued within ten
days after the erection or structural alterations of such building,
or part, shall have been completed in conformity with the provisions
o this chapter. A record of all certificates shall be kept on file
in the office of the Building. Inspector and copies shall be
furnished, on request, to any person having a proprietary or tenancy
interest in the building erected. No permit for excavation for, or
erection of, any building, or part of a building, or for repairs to,
or alteration of a building shall be issued until a statement of
its intended use has been filed by the applicant.
(B) Temporary certificate. The Building Inspector may issue a
temporary certificate of occupancy for bazaars, carnivals, religious
revivals, construction offices, and similar uses. Such certificate
shall be issued for a fixed period of time, but not to exceed 90
days, shall be subject to such limitations as the Building Inspector
may impose to protect the character of the district affected, and
may be considered for reapplication.
G 92.63 BOARD OF ADJUSTMENT.
(A) Board of Adjustment. The Town Board shall act in the
capacity of .the Board of Adjustment and shall assume the duties
described herein.
(B) Proceedings of the Board of Adjustment.
(1) The Board of Adjustment shall adopt rules necessary to
the conduct of its affairs and in keeping with the provisions of
this chapter. Meetings 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 shall be open to
the public.

§ 92.63 ZONING REGULATIONS 9-106
(2) The Board of Adjustment shall keep minutes of its pro-'
ceedings showing the vote of each member on each question, or if
absent or failing to vote, indicating such fact, and shall keep
record of its examinations, findings, and other official actions,
all of which shall be a public record and be filed in the Office of
the Clerk.
(C) Powers and Duties.
(1) It is the intention of this chapter that all questions
arising in connection with the enforcement of this chapter shall be
presented first to the Building Inspector and that such questions
shall be presented to the Board only on written request by the
interested party. Such request shall indicate the date and time on
which the questions were reviewed with the Building Inspector, the
results of that session, and outstanding issues for the Board's
attention.
(2) Appeals from the enforcement and interpretation of this
chapter and requests for conditional use permit and variances shall
be filed with the Building Inspector specifying the ground thereof.
The Building Inspector shall transmit to the Board all applications
and records pertaining to such appeals, variances, or exceptions or
conditional uses. An appeal stays all proceedings in furtherance of
the action appealed from, unless the Building Inspector certifies to
the Board of Adjustment 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 of Adjustment or by a court of record on application or notice
to the office from whom the appeal is taken and due cause shown.
(a) 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 within 45 days from
the filing of such notice of appeal.
(b) Notice.
1. At least 15 days prior to the date of the
hearing the town shall furnish all adjoining property owners with
written notice of the hearing.
2. In addition the town shall place a notice of
such public hearing in a newspaper of general circulation in the
town prior to the date of the public hearing.
(c) Fees for appeals or variances. A fee of $25 shall
be paid to the town for each application for a conditional use
variance, exception, temporary permits, or appeal, to cover the
necessary administrative costs and advertising.

9-107 ZONING REGULATIONS § 92.72
4 92.64 REMEDIES.
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted, or maintained, or any
building, structure, or land is used in violation of this chapter,.
the Building Inspector or any appropriate authority of the town or
any adjacent, nearby, or neighboring property owner who would be
affected by such violation in addition to other remedies may
institute injunction, mandamus, or other appropriate action in
proceeding to prevent the occupancy of such building, structure, or
land.
ZONE CHANGE AND
The Town Board may amend, supplement, or change the text regula-
tions and zoning map according to the following procedures in this
subchapter.
4 92.71 ACTION BY THE APPLICANT.
The following action shall be taken by the applicant:
(A) Initiation of amendments. Proposed changes or amendments may
be initiated by the Town Board or by one or more interested parties.
(B) Application. An application for any change or amendment
shall contain a description or statement of the present and proposed
zoning regulation or district boundary to be applied, and the names
and addresses of the owner or owners o the property. Such applica-
tion shall be filed with the clerk not later than 15 days prior to
the Town Board meeting at which the application is to be considered.
(C) Fee. A fee of $75 shall be paid to the town for each
application for an amendment to cover the costs of advertising and
other administrative expenses involved.
6 92.72 ACTION BY THE TOWN BOARD.
(A) Town Board considerations. The TownBoard shall consider
changes and amendment to this chapter proposed by applicants at any
meeting of the Town Board.
(B) Notice and public hearing.
(1) No amendment shall be adopted by the Town Board until
after public notice and hearing.
.(2) Notice of public hearing shall be given once a week for
two successive calendar weeks in a newspaper having a general
circulation in the area. The notice shall be published the first

M
§ 92.99 ZONING REGULATIONS 9-108
time not less than ten days nor more than 25 days before the date
fixed for the hearing. In computing such period, the day of
scheduling shall not be included, but the day of the hearing shall
be included. .
(3) Surrounding property owners shall be notified as
required by State law of the public hearing by mail.
(C) Town Board action. Before taking such lawful action as it
may deem advisable, the Town Board shall consider the Zoning
Enforcement Officer's recommendation on each proposed zoning
amendment.
(D) Protests. No protest against a change shall be valid unless
signed by the owners of 20% or more either of the area of the lots
included in such proposed change, or of those immediately adjacent
thereto either in the rear thereof or on either side thereof
extending 100 feet therefrom, or of those directly opposite thereto
extending 100 feet from the street frontage of such opposite lots
and provided the ,protest is in the form of a written petition
actually bearing the signature of the required property owners (G.S.
§106A-386). Such amendment shall not become effective except by
favorable vote of three -fourths of all the members of the Town
Board.
2.99 PENALTY.
Any person violating any provisions of any section of this
chapter, or who shall violate or fail to comply with any order made
thereunder; or who shall continue to work on any structure after
having received written notice from the Building Inspector to cease
work, shall be guilty of a misdemeanor as provided by G.S. §14.4.
Each day such violation shall be permitted to exist shall constitute
a separate offense. Notice of violation shall be sufficient if
directed to such owner, the agent of the owner or the contractor and
left at his known place of residence or place of business.

w ww �_. _.—...'l�s ,. J_r .lr 1.tG.a/A.t11 .'.♦. l., .. ....��..._
Sbction
Zone Change and Amendments
92.70 General provisions
92.71 Action by applicant
92.72 Action by Town Board
92.99 Penalty
GENERAL PROVISIONS
§ 92.01 SHORT TITLE.
These regulations shall be known as the Zoning Ordinance of the
Town of Winton, North Carolina, and may be cited as the zoning
ordinance or zoning code.
§ 92.02 PURPOSE AND AUTHORITY.
The zoning regulations and districts as herein set forth have
been made in accordance with -the Town Land Use Plan and are designed
to lessen congestion in the streets; to secure safety from fire,
panic, and other dangers; to promote health and the general welfare;
to provide adequate light and air; to prevent the overcrowding of
land; to avoid undue concentration of population; to facilitate the
adequate provision of transportation, water, sewerage, schools,
parks, and otherpublic requirements. These regulations and
districts have been developed with reasonable consideration, among
other things, as to the character of the district and its peculiar
suitability for particular uses, and with a.view to conserving the
value of buildings and encouraging the most appropriate use of land
throughout the community. The provisions of this chapter are
adopted under authority granted by the General Assembly of the
State, particularly G.S. 160A-381 through 160A-394.
S 92.03 ESTABLISHMENT OF DISTRICTS.
(A) Use districts named. For the purpose of this chapter, the
town is divided into nine use districts with the designations and
purposes as listed below%
R-15 Single -Family Residential District
R-9 Single -Family Residential District
R-5MH Mobile Home Park Residential District
R-3MF Multi -Family Residential District
0-I Office and Institutional District
B-1 Neighborhood Business District
B-2 Highway Business District

5 92.04 %01111C i<<:.;;'.;.f. !"1 9 52
. . I
I-L Light Industrial District
I-H Heavy Industrial District
AEC Area of Environmental Concern (overlay district)
PUD Planned Unit Development (overlay district)
(B) District boundaries shown on official zoning map. The
boundaries of the districts are shown on the map made a part of this
chapter entitled official zoning, map. The zoning map and all the
notations, references, amendments thereto, and other information
shown thereon are made a part of this chapter and 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 posted at the
Town Building and is available for inspection by the public.
(C) Interpretation of district boundaries. When uncertainty
exists with respect to the boundaries of districts as shown on the
official zoning map, the following rules shall apply:
(1) Delineation. District boundary lines are intended to
be along or parallel to property lines, lot lines, streets, alleys,
railroads, easements, other rights -of -way, and not less than 75 feet
from the centerline of creeks, streams, or other water channels.
(2) Town Board. When the street or property layout on the
ground is at variance with that shown on the official zoning map,
the Town Board shall interpret the district boundaries of this
chapter.
(D) Interpretation 'of district regulations. Regulations for
each district shall be enforced and interpreted according to the
following -rules:
(1) Permitted.uses. Uses not designated'as periitted uses
shall, be prohibited, except that conditional or special uses as
herein defined, are permitted according to the additional
regulations imposed..
(2) Minimum regulations. Regulations set forth by this
chapter shall be minimum regulations. If the district requirements
set forth in this chapter are at variance with the regulations of
any other lawfully adopted rules, regulations, or other ordinances,
the more restrictive or higher standard shall govern.
(3) Land covenants. Nothing in this chapter shall modify
or repeal any deed restrictions but no such restrictions shall
constitute a basis for failing to comply with the chapter.
5 92.04 TERRITORIAL LIMITS. L
The provisions of this chapter shall be applicable only within
the corporate limits of the town as defined by the official zoning
map.

§ 92.06 _ ZON?-NG NF_(7UL•A'r n;t."- -- 9-r6
"CURB CUT." A lowered or cut -away curb for purposes of ingress
or egress to property abutting a public street.
"DISTRICT, ZONING." A section of the town or its extra-
territorial area within which the zoning regulations are uniform.
"DOG PEN." A fenced structure with, or without roof providing
containment or shelter for not more than two dogs beyond the age of
12 weeks. Dog. pens are accessory uses and must respect the setback
requirements of the zone in which they are located. Dog pens shall
be permitted for private noncommercial uses only.
"DUPLEX." See "DWELLING, TWO-FAMILY (DUPLEX)."
"DWELLING, SINGLE-FAMILY." A detached residence designed for or
occupied by one family only. .
I
"DWELLING, TWO-FAMILY (DUPLEX)." A residence designed for or
occupied by two families only, with separate housekeeping and
cooking facilities for each.
"DWELLING, MULTI -FAMILY." A residence designed for or occupied
by three or more families, with separate housekeeping and cooking
facilities for each, including apartments, hotel apartments, and
group housing.
"DWELLING UNIT." A building, or portion thereof, providing
complete living facilities for one family.
"EXTRATERRITORIAL AREA." That land beyond the corporate limits
as delineated on the official zoning map for the town in accordance
with G.S. 160A-360.
"FAMILY." One or more persons occupying a premises and living
as a single housekeeping unit, as distinguished from a group
occupying a boarding house, fraternity, or sorority house, or hotel.
"FAMILY CARE HOME." A facility that provides room and board,
personal care, and rehabilitation services in a family environment
for a•maximum of six resident handicapped persons.
"FRONTAGE." The distance between the two side lot lines as
measured along the front setback line..
"GROUP PROJECTS." Two or more buildings to be constructed on a
parcel of land not subdivided into customary streets and lots and
which will not be so subdivided.
"HOME OCCUPATION." An occupation, profession, or craft, which
is customarily incidental to or carried on in a dwelling, place or
premises and not one in which the use of the premises as a dwelling
place is largely incidental to the occupation carried on, and which.
occupation is carried on by an immediate member of the family
residing within the dwelling place, provided, however, there shall

We no structural alteration or changes in the dwelling, or on the
premises and there is no display of merchandise on the premises
which can be seen from the exterior of the dwelling, and any
instruction shall be limited to one pupil at a time. Noise, odor,
smoke; gases, fallout, vibration, heat, or glare resulting from the
use shall not be of the intensity as to be detected outside of
containing structure.
"HOTEL." A commercial structure in which sleeping• accommoda-
tions,are provided and offered to transient visitors for compensa-
tion.
"JUNK YARD." Use of property for indoor or outdoor storage,
sale, or resale of junk including scrap metal, rags, paper, or other
scrap materials, used lumber, salvaged house wrecking, and
structural steel, materials, and equipment, or for the dismantling,
demolition, or abandonment of automobiles and boats or other
vehicles or machinery or parts thereof.
"KENNELS." Private noncommercial dog pens which contain more
than two dogs or commercial enterprises which provide food, shelter,
and other services regardless of number of dogs. Kennels of a com-
mercial measure are by definition restricted to commercial districts
and did not qualify as home occupations under the set requirements
of this chapter.
A lot is a parcel of land of at least sufficient size to
meet minimum zoning requirements for use, coverage, and area, and to
provide such yards and •other open spaces as are herein required.
Such lot may consist of:
(A) A single lot of record;
(B) A portion of a lot of record;
(C) A combination of complete lots of record, of complete lots
of record and portions of lots of record, or of portions of lots of
record; or
(D) A parcel of land described by metes and bounds; and pro-
vided that in no case of division or combination shall any residual
lot or parcel be created which does not meet the requirements of
this -chapter.
"LOT DEPTH." The mean arithmetic horizon distance between front
and rear lot lines.
"LOT OF RECORD." A lot which is a part of a subdivision or plat
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 so recorded.
"LOT WIDTH." The arithmetic mean horizontal distance between
side lot lines.

Z01/ i Nci--
• "SIGN GROUND." A sign'structure supported by poles, uprights,
or braces extending from or anchored into the ground but not
attached to any part of the building.
"SIGN, PRINCIPAL USE." A sign which directs attention to a
business, commodity, service, entertainment, or ,other activity,
conducted, sold, or offered exclusively on the premises on which the
sign is located.
"SIGN, OUTDOOR ADVERTISING." Any sign, in a standard
poster panel either free-standing or attached to a structure which
directs attention to a business, commodity, service, entertainment,
or other activity, conducted, sold, or offered elsewhere than on the
premises on which,said sign is located.
"SIGN TEMPORARY." A sign permitted for a period not exceeding
1i 2 months including for sale, for rent, construction company's name,
subcontractors' names, and architect's names.
"SIGN WALL." A sign attached to, painted on, or erected against
a wall or parapet wall of a building, structure, or fence whose
display surface is parallel to the face of the building, structure,
or fence.
"SPECIAL USE" or "CONDITIONAL USE." A special use is a use that
would not be appropriate generally as a right without restriction
throughout a zoning district, but which; if controlled as to number,
area, location, or relation to the neighborhood, would promote the
public health, safety, morals, or the general welfare. Also known
as "CONDITIONAL USE."
"STREET." A dedicated and accepted public right-of-way for
vehicular traffic which affords the principal means of access to
abutting properties.
"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,
swimming pools, and fallout shelters.
."TOURIST HCME." A dwelling in which sleeping or eating accommo-
dations are provided or offered to transient visitors for compensa-
tion. See "BOARDING HOUSE."
"TRAILER, HOUSE." See "MOBILE HOME."
"TRAILER PARK." See "MOBILE HOME PARK."
"TRAVEL TRAILER." A vehicular, portable structure built on a
chassis, designed to be used as a temporary dwelling for travel and
recreational purposes, having a, body width not exceeding eight.
feet. A travel trailer is not a dwelling unit.

5 92.3.6 ZOVVNG T'^ r;,.'l'.';t';i3 9-G2
(2) Public parks and picnic areas.
(3) Churches and similar places of worship.
(4) Public and private schools.
(5) Customary accessory buildings, . including private
garages and noncommercial greenhouses and workshops.
(6) Home occupation.
(7) Family care homes.
(B) The following uses are conditional uses and may be
permitted subject to a finding by the Town Board that the additional
conditions of SS92.50 through 92.53 have been met:
(1) Golf course and associated uses such as a private
clubhouse or lodge.
(2) Public buildings such as fire, police, and library
facilities and community centers.
'(3) Public works and public utility ;substations such as
water tanks, pumping stations, treatment plants and electric, gas,
oil pipeline, telephone substations provided that all dangerous
apparatus shall be enclosed by a chainlink fence at least six feet
in heights no vehicles or materials shall be stored on the premises
and no offices shall be. permitted; and that landscape is screened
with shrubs and other vegetation so as to blend with the surrounding
area.
(4) Planned Unit Developments (PUD) •which • meet the
requirements of 592.26.
(C) District requirements R-15.
(1)
Lot area,
minimum required -
15,000 square feet.
(2)
Lot width,
mininum
required
- 90 feet.
(3)
Front yard,
minimum
required
- 20 feet.
(4)
Side yard,
minimum
required
- 10 feet.
Side yard
abutting
street -
20 feet.
(5)
Rear yard,
minimum
required
- 20 feet.
(6) Building height. No building shall exceed 35 feet in
height.
(7) Lot coverage. The total ground area covered by the`
principal building and all accessory buildings including any roofed
area shall not exceed 40% of the total'lot area.

9-641
(2) Lot width, mininum required - 75 feet.
(3) Front yard, minimum required - 20 feet.
(4) Side yard, minimum required - 10 feet.
Side yard abutting street, minimum required - 20 feet.
(5) Rear yard, minimum required - 20 feet.
(6) Lot coverage. The total ground area covered by the
principal building and all accessory buildings including any roofed
area shall not exceed 40% of the total lot area.
(7) Off-street parking shall be provided as required in
592.35.
(8) Corner visibility. On a corner lot, within the area
formed by the center lines of the intersecting streets and line
adjoining points on such center lines at a distance of 80 feet from
their intersection, there shall be no obstruction to vision between
a height of three feet and a height of ten feet above the average
center line grade of each street. '
(9) Signs. Signs shall meet the requirements set forth in
992.37.
Penalty, see 592.99
S 92.18 R-5MH MOBILE HOME PARK RESIDENTIAL DISTRICT.
The R-5MH Residential District is established as a district in
which the principal use of land is for single-family mobile homes in
a mobile home park. The regulations of this district are intended
to provide areas of the community for those persons desiring to live
in a mobile home park.
(A) The following uses are permitted:
(1) Mobile home park subject to SS92.40 and 92.41
(2) Modular homes.
(3) Public parks and picnic areas.
(4) Churches.
(5) Family care homes.
(6) Accessory uses provided they are in association with
the primary or limited use within' the same development to include:
Indoor and outdoor recreational facilities, such as swimming pools,
saunas, game and craft room, exercise and dance studios, community
meeting rooms,.and lounges.
(7) Home occupation.

tS M1t.19 ZONING RF.GprA-TiOP 4-66
§ 92.19 R-3MF MULTI -FAMILY RESIDENTIAL DISTRICT.
The R-3MF Residential District is established as a district in
which the principal use of land is for single-family, two-family,
and multi -family residences. The regulations of this district are
intended to provide areas of the community for those persons
desiring small residences and multi -family structures in relatively
high density neighborhoods. The regulations' are intended to
discourage any use which because of its character would interfere
with the residential nature of this district..
(A) The following uses are•permitted:
(1) Any use permitted in the R-15 Residential District,
including modular but excluding mobile homes on individual lots.
(2) Two-family and multi -family developments.
(3) Tourist homes and guest houses.
(4) Family care homes.
(B.) The following uses are conditional uses and may be
permitted subject to a finding. by the Town Board that the additional
conditions of SS92.50 through 92.53 have been met. Any conditional
use permitted in the R-9 Single -Family Residential District.
(C) District requirement& R-3MF.
(1) Lot area, minimum required for single-family dwelling -
6,000 square feet.
Unit, minimum required for each multi -family unit -
3,000 square feet.
(2) Lot width, minimum required - 60 feet.
(3) Front yard, minimum.required - 20 feet.
(4) Side yard, minimum required for one or two story - 10.
feet.
Five additional feet shall be added to each side yard
.for each full story of building height in excess of
two stories.
Side yard abutting street L 20 feet.
(5) Rear lard, minimum required - 20 feet.
(6) Lot co'W age. The total ground area covered by the
priricipaj 6,Uiidifig dhd all accessory buildings including any roofed
area shali hOt exceed 40% of the total lot area.
(7) Off-street parking shall be provided as required in
S92.35.

9-67 7,C)411"1 1:1.'^.[T ;%TTOH15 9 2 .7n
(8) Corner visibility. On a corner lot, within the area
formed by the center lines of the intersecting streets and a line
joining points on such center lines at a distance of 80 feet from
their intersection, there shall be no obstruction to vision between
a height of three feet, and a height of ten feet above the average
center line grade of each street.
(9) Signs shall meet the requirements set forth in 592.37.
(10) Building height. No building shall exceed 35 feet in
height.
Penalty, see 592.99
§ 92.20 O-I OFFICE AND INSTITUTIONAL DISTRICT.
(A) The 0-I Office and Institutional District is established as
a district primarily for institutional uses, office uses, and
commercial activities having only limited contact with the general
public, not involving the sale of merchandise at retail except
incidentally. The regulations of this district are intended to
encourage structures surrounded with ample open spaces including
that for yards and for off-street parking and loading of vehicles.
(1) All uses permitted in the R-9 Residential District.
(2) Agencies rendering specialized services such as real
estate, insurance, advertising, brokerage, stenographic, telephone
answering, and similar services.
(3) Offices rendering. professional services such as legal,
medical, dental, engineering, architectural, and similar
institutions.
(4) Hospitals, sanitariums, nursing homes, convalescent
homes, rest homes, charitable institutions, medical clinics, and
dental clinics. I '
(5) .Churches and related uses, public and private schools,
libraries, museums,' and art galleries, parks, playgrounds, community
centers, civic, fraternal uses.
(6) Municipal, county, state, and federal offices and
buildings not involving the outdoor storage of equipment or
materials.
(7) Banks and other financial institutions.
(8) Studios for artists, designers, photographers, and
other similar activities.
(9) Parking lots.

5 92.21 ZONING RPITI PTTONS __• 9-68
(B) The following uses are conditional uses and may be
permitted subject to a finding by the Town Board that the additional
conditions of §§92.50 through 92.53 have been met:
(1) Funeral homes, undertaking establishments, embalming
provided there be adequate off-street parking.
(2) Motels and motor courts provided that all buildings be
located not less than 100 feet from a public right-of-way.
(C) District requirements 0-I.
(1) All residential lots shall meet the requirements of
the R-9 Residential District.
(2) All office and institutional uses shall comply with
the dimensional requirements of the B-2 Commercial District.
Penalty, see §92.99
5 92.21 B-1-NEIGHBORHOOD.BUSINESS DISTRICT.
The regulations for this district are designed to permit a
i
oncentrated development of permitted -facilities within 'the central
ortion of the town with emphasis on large scale stores and
pecialized shops serving a regional retail trading area.
(A) The following uses are permitted:
(1) Stores retailing:. notions, dry goods, shoes,
clothing, jewelry, leather goods, gifts, books, flowers, cameras,
toys,' sporting goods, paint, pets, musical instruments, hobby and
craft goods, drugs, magazines, and candy.
(2) Business, financial, governmental, medical, and
professional offices and agencies.
(3) Stores retailing: groceries, furniture, appliances,
electrical and plumbing fixtures, wallpaper and paint, upholstery,
antiques, automobiles, bicycles, motorcycles, farm machinery, radio
and television, seed and feed.
(4) Bus stations, banks, train stations; cab stands,
parking lots, hotels, motels, theatres, bowling alleys, pool halls,
radio and television broadcasting studios, barber and beauty shops,
shoe repair,' dry cleaning and laundry, restaurants, cafeterias,
libraries, fire and police stations, radio and television repair,
and printing.
(B) The following are conditional uses and may be permitted
subject to a finding by the Town Board that the additional
conditions of §592.50 through 92.53 have been met.

v�ay :`__. �_UtJ 1.IJ'.i li t: OU L/+l•.W �J:i___ :� J::.GG
Service stations shall have a minimum lot area of 7,000 square
feet with a frontage of ,not less than 100 feet. No portion of a
service station building or equipment shall be nearer than 25 feet
to the front property line. All automobile repair or storage shall
be performed inside a structure.
(C) Dimensional requirements.
(1) No yards are required except that if the rear of the
plot abuts a residential district there shall be .a 20 foot rear yard
.and if side yards are provided they must be at least three feet in
width.
(2) Buildings constructed or converted to commercial use
after the effective date of this chapter shall provide off-street
loading berths as required in 592.36.
(3) All signs or billboards must meet the requirements set
forth in 592.37.
(4) Every building hereafter erected or structurally
altered to exceed 50 feet in height shall be set back from the front
lot line on a ratio of one foot for each two feet rise above 50 feet
in height..
Penalty, see 592.99
9 92.22 B-2 HIGHWAY BUSINESS DISTRICT.
These- commercial districts are generally located on the major
radial highways into the town and provide offices, personal
services, and retailing of durable and convenience goods for the
community. Because these commercial uses are subject to the public
view, which is a matter of important concern to the whole community,
they •should provide an appropriate appearance, ample parking,
controlled traffic movement, and suitable landscaping, including
adequate buffers on sides adjacent to residential uses.
(A) The following uses are permitted.
(1) Stores retailing: 'groceries, drugs, notions, fish,
meat;' antiques, hardware, upholstery, paints, furniture, appliances,
radio and television, automobiles, bicycles, motorcycles, farm
equipment, paint and wallpaper, electrical and plumbing fixtures,
nursery stock and supplies.
(2) Motels, banks, tourist homes, barber and beauty shops,
shoe repair, laundry 'and dry cleaning, restaurants, service
stations, parking lots, radio and television repair, funeral homes,
drive-ins dispensing foods, radio and television broadcasting
stations, offices, signs, and billboards.
(B) The following uses are conditional uses and may he
permitted subject to a finding by the Town Board that the additional.
conditions of 5§92.50 through 92.53 have been met.

5 92.26 ZONING REGULATIONS' 9-74
(a). Utility easements, docks, dredging, bridges and
bridge approaches, bulkheads, culverts, groins, simple access
channels, and drainage ditches.
(b) Determination of whether those conditions are met
shall be in communication with the appropriate CAMA permit officer.
(3) District requirements AEC.
(a) According to,'the Land Use Plan, certified by the
Coastal Resources Commission,. part of Ahoskie Creek'is designated as
a public trust waters AEC and classified as conservation on the land
classification map (see Land Use Plan). As such, the AEC District
consists of the AEC itself (including surface waters) and a buffer
area 'extending in both directions to a point 75 feet from the
centerline.
(b) All adjacent projects (land uses), proposals, and
designs shall provide a 15 foot bufferyard which adequately protect$
the .AEO' from increased erosion, pollution, or other infringement
upon the public rights.
(c) .All development projects shall comply with the
following mandatory standards of'the North Carolina Sedimentation
Pollution Control Act of 1973:
1. No development project shall permit an angle
for graded slopes, or fill, which is greater than an angle which can
-be retained as vegetative cover .or other adequate erosion -control
devices or structures.
2. All development projects which involve
uncovering more than one acre of land shall plant a ground cover
spfficient to restrain erosion within 30 working days of completion
of the grading.
Penalty, see 592.99
.9-92.26 PUD PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT.
(A) The purpose of the Planned Unit Development Overlay
District is:
(1) To allow flexibility that will encourage a more
creative approach in the development of land, and will result in a
more efficient, aesthetic, and desirable use of open area, while
substantially maintaining the same population density and area
coverage permitted in the district in which the project is located.
(2) To allow flexibility in design, placement of
buildings, use of open spaces, circulation facilities, off-street
parking areas, and to best utilize the potentials of sites
characterized by special features of geography, -topography, size,
and shape.

9-85 ZONING REGULATIONS 5 92.37
,5 92.36 OFF-STREET LOADING.
(A) The number of off-street loading berths required by this
section shall be considered as the absolute minimum and the
developer shall evaluate his own needs to determine if they are
greater than the minimum specified by this section. For purposes of
this section an off-street loading berth shall•have minimum plan
dimensions of 12 feet by 25 feet and 14 feet overhead clearance with
adequate means for ingress and egress. A loading.space requirement
may be modified or waived by the Town Board on application in the
case of a bank, theater, assembly hall, or other building of similar
limited loading space requirements.
(B) Number of required off-street loading berths.
(1) For structures containing not more than 20,000 square
feet of gross floor area one berth shall be required.
(2) For .structures containing 20,000 or more square feet
of gross floor area, the number of berths specified in the table
below shall be provided.
Square Feet of Gross
Floor Area '
Required Number
of Berths
20,000
- 40,000 2
40,000
- 100,000 3
1001000
- 1600000 4
160,000
- 240,000 5
240,000
- 320,000 6
320,000
- 400,000 7
Each 80,000 above 400,000, add one.
Penalty, see §92.99
92.37 SIGN REGULATIONS.
(A) Purpose.
(1) It is the purpose of this section sign regulations to:
(a) Promote, preserve, and protect the health,
safety, and general welfare of the present and future inhabitants of
the municipality by providing reasonable regulations and standards
relating to signs;
(b) To lessen congestion in the streets, provide for
the promotion of traffic safety, and the orderly movement of
traffic; and
(c) To protect and enhance the overall appearance of.
the community.

5. 92.31 ZONING P.^0:',i1T.•T.'?T(`t' - 9-U0
• (2) This code recognizes: and subscribes to the right of
•businessmen to advertise their businesses on their own premises and,
in proper circumstances, on the premises of others.
(S) Signs not subject to permits. The following signs may be
erected and maintained in all districts without permits:
(1) Governmental signs, such as traffic or similar
regulatory devices, legal notices, or warnings;
(2) Memorial plaques, historical markers, and similar
devices;
(3) Church and community identification no larger than 25
square feet in sign area and located no closer than five feet from
any property line;
(4) Civic groups or bodies no larger than 25 square feet
in sign area;
(5) Cautionary or warning signs limited to sign messages
warning hazards for the protection of persons or property in the -
immediate area of the sign. These signs shall not exceed four
square feet in area per sign;
(6) Occupant signs/residential district signs limited in
content to the name of occupant or occupants and addresses of the
premises. Occupant signs shall not exceed two square feet per sign
in area and are limited to two such signs per street front.
Occupant signs shall not be illuminated from other than a. concealed
light source and shall not flash, blink, fluctuate, or be animated.
(7) Temporary unilluminated real estate "for sale" signs,
such shall not exceed six square feet in sign area for residential
area and 32 square feet.for commercial and industrial property;
(8) Temporary signs not used as commercial advertising.
Such signs shall not exeed six square feet in sign area and shall be
erected for a period,of not longer than 14 calendar days, per year;
(9) Contractor signs not more than 12 square feet in sign
area, naming contractors engaged in the construction on the property
where the sign is located, the financing agency, or the realtor
promoting the constructor. These signs shall be set back not less
than ten feet from all property lines.
(C) Signs subject to a permit in a specific zone district.
R-15, R-9, R-5MH, and R-3MF Districts.
• i
(1) General. Signs may be erected and maintained only for
and by the legal uses in the districts .in which the signs are
located. Such signs shall be located on the same lot as the legal`
use and shall be clearly incidental to, and customarily and commonly
associated with the operation of the legal use.

9-87_'l.iiClTt:C—I?iil;(li,A't'It'Mti ,.� o `?�•�t
.(2) Permitted sign .types. Wall mounted and ground -type
signs.shall be permitted.
(3) Maximim sign area.
(a) Home occupation sign. The maximum of the face of
the sign shall not exceed two square feet.
(b) Governmental, church, or civic club signs. The
maximum area of the sign shall not exceed 24 square feet.
(c) Subdivision entrance/identification signs. The
maximum area of the face of the sign shall not exceed 60 square feet
and shall not exceed two signs per any one intersection within a
development.
(4) Maximum height above grade.
(a) The maximum height for wall signs shall not
exceed eight feet above grade.
(b) The maximum height for ground signs shall not
exceed six feet above grade.
(5) Permitted location.
(a) Wall signs. Wall signs shall be set back from
the boundary lines of the lot on which they are located the same
distance as a building containing the legal use. Wall signs shall
not project more than 18 inches from the surface to which they are
attached. Such signs shall not be hazardous to public 'safety or
vehicular and pedestrian traffic.
(b) Ground signs. Ground signs shall be set back
from any boundary line of the lot; provided, that a clear area be
maintained to a height of six feet within 55 feet of the
intersection of two streets, a railroad right-of-way and a street,
or a driveway and a street.
(6) -Permitted illumination. Signs may be illuminated, but
only from a concealed light source and shall not. flash,. blink, or
fluctuate; and no red, green, or yellow .lights shall .be allowed
within 55 feet of the intersection of two streets, and shall not
have any moving, rotating,•or otherwise animated parts. Any sign in
violation of this section shall become a violation on the effective
date of this chapter. Such signs shall be brought into conformity
or removed within 30 days of the effective date of this chapter.
(D) O-I, S-11 I-L, and I-H Districts.
(1) General. Signs may be erected, altered, and main-
tained only for and by legal uses in the district in which the signs
are located. They shall be located on the same lot as the legal use
and be clearly incidental to, and customarily and commonly
associated with, the operation of the legal use.

5 92.37 ZONTUG REGULATTOMS 9-88
• (2) Permitted sign ' types. Wall mounted, time and
.temperature, ground, or free-standing signs shall be permitted.
Free-standing signs (other than shopping center identification
signs) shall not be permitted within a unified shopping center site.
(3) Maximum sign area. Wall sign. The maximum area of
the face of a wall sign shall not exceed two square feet per linear
foot of. -the wall on which such sign is. located. In any instance,
such wall sign shall not be more than 300 square feet and shall not
extend more than 18 inches from the face of the building.
(4) Maximum height above grade.
(a) Wall signs in this district may be erected to the
full height of the building, but shall not be higher than the
roofline.
(b) Ground of free-standing signs shall not exceed 25
feet above grade.
(5) Permitted location. Ground or free-standing signs
shall be set back not less than ten feet from any street
right-of-way, and not less than ten feet from a side or rear
property line.
(6) Permitted illumination. Signs may be illuminated, but
shall not flash, blink, or fluctuate; and no red, green, or yellow
lights shall be allowed within 55 feet of the intersection of two
streets.
(7) Other conditions.
(a) Animation. No sign shall have moving, rotating,
or otherwise animated parts; provided however, that .time and
temperature and barber poles shall be allowed to rotate.
(b) Window signs.
1. .Services messages. Notwithstanding any other
restrictions regarding window signs in CB. and I1 districts, no more
than ten square feet of the total window area shall be used for
public service messages or informational messages regarding services
offered, hours of operation, or other such information.
2. Promotional. Temporary promotional signs
advertising special sales, individual sale items, and other such
advertising campaigns shall be permitted to be affixed or suspended
from the interior side of windows.
3. Illuminated promotional.
a. Total number of free-standing signs
requiring a permit shall not exceed one per street frontage., for any
one site, lot, or business, or combination thereof.

b. The maximum number of promotional signs,
not requiring a permit, shall 'not exceed five for any one site, lot,
. or business or combination thereof.
(E) B-2 District.
(1) General. Signs may be erected, altered, and
maintained only for and by the legal uses in the district in which
the signs are located.
(2) Permitted sign types. Wall -mounted, time and
temperature, ground, or free-standing signs, off premises signs and
billboards shall be permitted.
(3) Maximum sign area.
(a) Wall sign. The maximum area of the face of a
wall sign shall not exceed two square feet per linear foot of the
overall building on which the wall sign is located. in any
instance, such wall sign shall not be more than 300 square feet and
shall not extend more than 18 inches from,the face of the building.
(b) Ground sign. The maximum area of the face of the
sign for a ground or free-standing sign shall not exceed 150 square
feet.
(c) Billboard/off premise sign.
1. The maximum area of the face of the sign for
billboard shall not exceed 675 square feet.
2. Where sign cutouts or graphic extensions are
utilized, the maximum face area may be extended an additional 50
square feet for_the cutouts.
(4). Maximum height above grade.
(a) Wall signs in this district may be erected to the
full height of the building; but shall not be higher than the
roofline.
(b) Ground or free-standing signs shall not exceed 25
feet above grade.
(c) Billboards/off premise sign. The maximum height
of any billboard shall not exceed 30 feet above grade, except, where
such cutouts are used. The height of such cutouts can be extended
an additional five feet above such sign.
(d) Signs located at a major United States or North
Carolina highway intersection (which includes controlled acce s
ramps, or multilevel highway construction) may erect signs 'of a sign
area as specified above to the height above grade to be visible, by
not more than one -quarter mile- distant by vehicular traffic on
relatively straight approaches to the intersection.

4J-91 'LUNIU3 RIGULAPIUNS y 92.37
1. The maximum number of free-standing signs
requiring a permit shall not exceed one per street frontage for any
one site, lot, or business, or combination thereof.
2. The maximum number of promotional signs, not
requiring a permit, shall not exceed five for any one site, lot, or
business, or combination thereof.
(F) Signs prohibited. The following signs are prohibited in
all districts, and no permits shall be issued therefore:
(1) Nongovernment signs which resemble or approximate the
shape, size, form, content, color, or operation of traffic or
railroad signs, signals, or devices.
(2) Signs which may interfere with the visibility or
effectiveness of railroad signs, traffic signs, or official
government signs.
(3) Signs placed or shaped so as to interfere with, or
obstruct traffic sight distances, windows, doors, fire escapes,
stairways, pedestrian walkways, 'or vehicular movement on public
streets, drives, and alleys.
(4) Illuminated business 'or commercial signs within 100
feet of a R1, R2, RM, MF1, and MF2 district', or a Planned Unit
Development District.
(5) Signs which move, rotate, flutter, or otherwise create
motion to attract attention, except where specifically noted in this
section.
(6) Flashing signs and devices or beacons, including those
which flash intermittently, change intensity of light, or flash by
rotation, except low -light -intensity time and temperature signs.
(7) Balloons or similar types of lighter -than -air objects,
except those balloons and lighter -than -air objects which are subject
to Federal Aviation Administration regulations because of their use
of flight pattern are not regulated by division (F)(7).
(8) Portable signs usually parked in public places to
attract attention and used primarily for the purpose of such
display; provided, that signs painted or attached to vehicles shall
not be prohibited.
(9) Any sign not expressly permitted in this chapter.
(G) General regulations.
(1) Wall, ground, or free-standing signs permitted for all
uses allowed by right in the 0-I, Cl, C2, and 11 Districts may be
illuminated with indirect silhouette lighting, interior lighting, or

flood or spot lighting if such lighting is so placed and shielded as
to, illuminate only the face of the sign and to prevent light rays
from being cast on neighboring buildings or vehicular traffic.
(2) All signs shall comply with all state and local
building and electrical codes: All wiring to free-standing signs or
to lighting equipment directed to free-standing signs must be
underground, unless based on a finding of the' zoning Enforcement
Officer and the Board. of Adjustments, as set out in §§92.70 through
92.72,.that special conditions require otherwise. In such event,
installations shall be as recommended by the Zoning Enforcement
Officer and approved by the Board of Adjustment, as set out in
§§92.70 through 92.72.
(3) Whenever the use of a building or premises by a
specific business or activity is discontinued for that business or
activity for a period of 90 days, signs pertaining to that business
or activity shall be immediately removed by the owner.
(4) Maintenance. Every sign and sign structure including,
but not limited to, those signs and sign structures together with
supports for which no permit or permit fees are required, shall be
maintained in good structural condition at all times. All signs and
sign structures, including those for which no permits are required
shall be kept neatly painted, including all metal parts and supports
that are not galvanized or of rust resistant materials. The Zoning
Enforcement Officer shall inspect and have the authority to order
painting, repair, alteration, or removal of a sign or sign structure
which. shall constitute a public nuisance or hazard to safety,
health, or public welfare by reason of inadequate maintenance,
dilapidation, obsolescence or abandonment. The Zoning Enforcement
Officer shall notify the owner of this condition and, on the failure
of the owner to correct this condition within 60 days, the Zoning
Enforcement Officer shall take appropriate legal action to repair or
remove the sign at the expense ofthe owner.
(5) All signs adjacent to the intersection of any streets
or driveways with any United States or North Carolina primary or
secondary highway shall set back not less than 150 feet sight
distance, as prescribed by the State Department of Transportation.
(6) All ground or free-standing signs shall have not more
than three face areas per sign.
(7) Height of ground sign; exception. Where an unusual
topographic situation exists, more specifically, where a certain
parcel of land is considerably below the traveled way, the maximum
height of the ground sign can be measured from the adjacent traveled
way. For. the purpose of this chapter, "TRAVELED WAY" is defined as
that portion of the roadway for the movement o ve 1cles, exclusive
of shoulders.
Penalty, see §92.99

... nr ...—_.—. GUIti tN:."t: k:: vli1 J''!-1: �: __ .. .. ._ :i 1.:. •}Q
5'92.38 RAILROADS.
' Existing railroads may continue to be operated and maintained in
residential districts but no new railroad construction shall be
established except when authorized by the Town Council.
Penalty, see 592.99
S 92.39 FENCES.
Fences not exceeding a height of four feet shall be exempt from
the yard and building setback line requirements of this chapter.
Fences not exceeding a height of six feet to be erected only in side
or rear yards shall be exempt from the yard and building setback
line requirements of this chapter, provided that no fence exceeding
a height of four feet will be constructed within 15 feet of any
street. In all cases, the corner visibility provisions of this
chapter shall be observed. ;
(A) The overall intensity of land use is no higher and the
standard of open space is no lower than that permitted in the
district in which the project is to be located;
(B) The distance of every building from the nearest property
line' shall meet the front yard and side yard requirements of the
district in which the project is located;
(C) The building heights do not exceed the height limits
permitted in the district in which the project is located;
(D) If the property lies within or abuts on a residential
district and is to be used for a nonresidential purpose, there shall
be a densely planted buffer strip at least ten feet in height along
the rear or side property line abutting' the residential properties.
No such buffer shall, however, extend within a street right-of-way
line or within the required yards of an adjoining residential lot. '
(E) A detailed site plan shall be presented to the Planning
Commission. The Board of Adjustment shall give final approval on
receipt of the Planning Commission recommendations.
Penalty, see 592.99
�92.40 MOBILE HOMES.
(A) Minimum standards. Mobile homes shall be subject to the
following requirements in all of the zoning districts in which they
are allowed..
(1) The unit shall satisfy the requirements for a mobile
home as defined in 592.06.
(2) County approval of all individual septic tank and
field absorption sewerage disposal systems.

J 7L.41
-94
(3) Placement of the mobile home on a foundation or
,footings according to requirements of the State Building Code -
Regulations for Mobile Homes; plans and specifications for the
foundation or footing design shall be submitted and a building
permit obtained.
(4) Placement of manufactured skirting in those areas
around the perimeter of the mobile. home which are' not developed with
a foundation.
(5) Any extension. of or attachment to the mobile home
which is not part of the original factory manufactured mobile home
and which is intended for use either as part of the dwelling unit or
for storage purposes shall not occur unless indicated as a part of
the application and is part of the approval. This application shall
include plans for review and approval to insure the extension or
attachment proposed is compatible and of like design and character
to the existing mobile home. A building permit shall be obtained
for such extensions or additions to mobile homes if so required by
the appropriate state statutes and regulations.
(6) The applicant must 'obtain an installation/set-up
permit for the mobile home from the County Building Inspector, who
is acting on.behalf of the town.
(B) Mobile .homes in mobile home subdivisions shall be subject
to the above requirements and the additional following requirements:
(1) An on -site paved parking area shall be provided for
each dwelling.
(2) Skirting shall be compatible with exterior design and
siding materials of the mobile home.
Penalty, see 592.99
S 92.41 MOBILE HCME PARKS.
It shall be unlawful for a person to park or store a mobile home
or trailer, or maintain, build, or alter a mobile home park within
the town unless a final plan of the mobile home park has been
approved. Mobile Home Parks meeting the requirements of 592.40 are
permitted in the R-5MH District.
(A) Permits to build or alter' a mobile home park and approval
of plans. No person shall construct or engage in the construction
of any mobile home park or make any addition or alteration to a
mobile home park that either alters the number of sites for mobile
homes within the park or affects the facilities required therein
until he first secures ,a permit authorizing such construction,
addition, or alteration. The construction, addition, or alteration
shall be done in accordance with plans and specifications submited
with the application and approved by the proper authorities.,
Procedure for the applicant securing such permit and assuring the
that the requirements of the permit are complied with shall consist
of the following:

9-95 LQNIPIG 1'.1'G;IT.A7''ii l:� § y2.41
(1) For the construction or alteration of a mobile home
park that affects the number of sites within the park, a preliminary
plan containing the information prescribed in S92.41(B) shall be
prepared and submitted to the Planning Commission for approval. No
plan is required to be prepared and approved for issuance of a
permit to make minor facility improvements in an existing mobile
home park where the number of mobile home sites within the park is
not affected. When no plan is required, application for a building
permit may be made directly to the Building Inspector. All building
permit applications shall be made on forms supplied by the Building
Inspector and shall be accompanied by the preliminary plan of the
park.
(2) If the application contains the required information
and the requirements of this .chapter would be complied with, the
permit shall be issued. Building permits shall be nontransferable
except with the written consent of the Building Inspector.-
•
(3) The Building Inspector shall make an examination of
the construction at any reasonable time to determine whether 'the
work is being done according to approved plans and specifications,
and the owner shall make available any records, test data, or other
information essential to such determination.
(4) It is recommended that before filing a preliminary
plan of the proposed mobile home park for review by the Planning
Commission, a sketch plan may be submitted to the Town Manager for
his suggestions and criticisms.
(5) After the preliminary plan has been approved and all
improvements and utilities specified in the preliminary plan have
been installed, two copies of the final plan shall be submitted to
the Town Manager for certification of compliance with the
preliminary plan. If the Town Manager shall find that the final
plan is satisfactory, the final plan shall be submitted for approval
by the Town Board. The final plan shall be prepared on linen and
shall. contain the information prescribed in 592.41(C) and shall
conform with the preliminary plan as approved. If desired by the
applicant, it may constitute only that portion of the approved
preliminary plan which he proposes to develop at, the time, provided,
however, that such portion conforms to the minimum requirements of
this chapter.
(6) Where any land in the park is to be dedicated to
public use, the procedures of the subdivision regulations shall be
followed.
\(B) What the preliminary plan shall show. The preliminary plan
shall be drawn to a scale of not less than one inch equals 40 feet
and shall show the following on one or more sheets:
(1) A site plan of the proposed mobile home park.
(2) The name of the mobile home park, the 'names and
addresses of the owners and the designer of the park.

5 92.41 ZONING RU;GLATIONS °-%r
(3) Date, approximate north arrow, and scale.
(4) The boundary line of the tract with accurate linear
and angular dimensions drawn to scale and the area of the park in
square feet or acres.
(5) Contours with a vertical interval of one foot referred
to sea level datum and elevations of existing streets, roads,
drives, walks, curbs, or catch basins.
(6) A location map with a scale no less than one inch
equals 1000 feet showing the location of a mobile home park.
(7) The locations of existing and platted property lines,
streets, buildings, water courses, railroads, bridges, water mains,
sewers, culverts, drainpipes, and any utility easements, both on the
land to be developed into a mobile home park and on land immediately
adjoining. The names of adjoining subdivisions or the names or
recorded owners of adjoining parcels of unsubdivided land.
(8) The names, proposed location, and approximate
dimensions of proposed streets, alleys, driveways, entrances, exits,
walkways, easements, recreation areas, parks and open spaces,
reservations, mobile home spaces,' mobile home stands, and building
lines -within the park. This information should be graphical only,
not requiring detailed computations or field work in obtaining the
required •.information above. In -all cases the proposed
characteristics shall be' shown in a manner that shall distinguish
them clearly from the existing characteristics of the land.
(9) When deemed necessary by the Town Manager profiles of
all proposed public or .private streets or drives, showing natural
and finished grades drawn to a scale of not less than one inch
equals 40 feet horizontal and one inch equals four feet vertical.
(10) Plans of proposed utility layouts (sewer lines, septic
tank locations, septic' tank drainfields, and water and storm
drainage) showing feasible connections to existing and proposed
utility systems.
(11) Proposed storm drainage for each mobile home space and
for the entire mobile park including all proposed grading and sewer
installations which may be deemed necessary to insure proper
drainage and the elimination of ponding.
(12) Location and number of garbage receptacles.
(13) A detailed plan for all electrical installations
prepared to meet the National Electrical Code and local codes or
ordinances.
(14) Where public water or public sewer is not available, a
written statement from the County Health Department .shall be

9-101 zoNING nF(;T;I,A,rir-m.e3 5 92.53
(3) That the special• conditions and circumstances do not
'result from the actions of the applicant;
(4) • That granting the variance requested will not confer
on the applicant any special privilege that is denied by this
chapter to other land, structure, or buildings in the same district.
(B) Appeals from the Board of Adjustment.• Appeals from the
decision of the Board of Adjustments shall be to the County Superior
Court by proceedings in the nature of certiorari.
(C) Appeals from the Town Board. Appeals from the decisions of
the Town Board shall be to the County Superior Court by proceedings
in the nature of certiorari.
§ 92.53 NONCONFORMING USES.
It is the intent of this chapter to permit these nonconformities
to continue until they are removed, but not to encourage their
survival. It is further the intent of this chapter that
nonconformities shall not be enlarged on, expanded or extended, nor
be used as grounds for adding, other structures or uses prohibited
elsewhere in the same district. Nonconforming uses are declared by
this chapter to be incompatible with the permitted uses in the
districts involved.
(A) Nonconforming lots (lots of record).
(1) Where the owner of a lot at the time of the adoption
of this chapter or his successor in title thereto does not own
sufficient land to enable him to conform to the dimensional
requirements of this chapter, such lot may be used as a building
site, provided that .the lot width and lot area are not more than 20%
below the minimum specified in this chapter. In any case where the
lot area and- lot are more than 20% below the minimum specified in
this chapter or other dimensional requirements cannot be met, the
Town Board is authorized to approve as a variance such dimensions as
shall conform as closely as possible to the required dimensions.
(2) If two or more adjoining and vacant lots of record are
in single ownership at any time the adoption of this chapter and
.such lots individually have less frontage or area than the minimum
requirements of the district in which such lots are located, such
lots shall be considered as a single lot or several lots which meet
the minimum requirements of this chapter for the district' in which
such lots are located.
(B) Nonconforming uses of land. Where at the time of passage
of this chapter lawful use of land exists which would not be per-
mitted by the regulations imposed by this chapter, the use may be
.continued so long as it remains otherwise lawful, provided:

9-105 ZONING UbULA'PIOUS 5 92.a3
(C) Construction progress. If no substantial construction
!progress has .been made within six months of the issuance of the
building permit or been substantially completed within one year of
the issuance of the permit, the permit becomes invalid.
Penalty, see §92.99
§ 92.62 CERTIFICATE OF OCCUPANCY.
(A) No land shall be used or occupied '(except for agricultural
purppses) and no building hereafter structurally• altered, erected,
or moved,. shall be used, or its use changed until a certificate of
occupancy shall have been issued by the Building Inspector stating
that the building or the proposed use thereof complies with the
provisions of this chapter. A like certificate shall be issued for
the purpose of maintaining, renewing, changing, or extending a
nonconforming use. A certificate of occupancy either for the whole
or a part of a building shall. be applied for coinpident with the
application for a building permit and shall be issued within ten
days after the erection or structural alterations of such building,
or part, shall have been completed in conformity with the provisions
of this chapter. A record of all certificates shall be kept on file
in the office of the Building Inspector and copies shall be
furnished, on request, to any person having a proprietary or tenancy
interest in the building erected. No permit for excavation for, or
erection of, any building, or part of a building, or for repairs to,
or alteration'of a building shall be issued until a statement of its
intended use has been filed by the applicant.
(B) Temporary certificate. The Building Inspector may issue a
temporary certificate of occupancy for bazaars, carnivals, religious
revivals, construction offices, and similar uses. Such certificate
shall be issued for a fixed period of time, but not to exceed 90
days, shall be subject to such limitations as the Building Inspector
may impose to protect the character of the district affected, and
may be considered for reapplication.
§ 92.63 BOARD of ADJUSTMENT.
(A) Establishment -of Board. of Adjustment. A Board of Adjust-
ment is. established in the -town. The Town Board shall act in the
capacity. of .the Board of Adjustment and shall assume the duties
described herein.
(9) Proceedings of the Board of Adjustment.
(1) The Board of Adjustment shall adopt rules necessary to
the conduct of its affairs and in keeping with the provisions of
this chapter. Meetings 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 shall be open to
the public.

J
-4 J (2) The Board of 'Adjustment shallkeep minutes of its
proceedings showing the vote of each member on each question, or if
4absent or failing to vote, indicating' such
.records of its examinations, findings, and
all of which shall be a public record and be
the Clerk.
(C) Powers and duties.
fact, and shall keep
other official actions,
filed in the, office of
(1) It is the intention of this chapter that all questions
arising in connection with the enforcement of this chapter shall be
presented first to the Building Inspector and that such questions
shall be presented to the Board only on written request by the
interested party. Such request shall indicate the date and time on
which the questions were reviewed with the Zoning Administrator, the
results of that session, and outstanding issues for the Board's
attention.
(2) Appeals from the enforcement and interpretation of
this chapter and requests for conditional use permit and variances
shall be filed with the Building Inspector specifying the. grounds
thereof. The Building Inspector shall transmit to the .Board all
applications and records pertaining to such appeals, variances, or
exceptions or conditional uses. An appeal stays all proceedings in
furtherance of the action appealed from, unless the Building
Inspector certifies to the Board' of Adjustment 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 of Adjustment or by a court of record o6
application or notice to the officer from.whom the appeal is taken
and due cause shown.
(a) 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 within 45
days from the.filing of such notice of appeal.
(b) Notice.
1. At least 15 days prior to the date of the
hearing the town shall furnish all adjoining property owners with
written notice of the hearing.
2. In addition the town shall place a notice of
such public hearing in a newspaper of general circulation in the
town prior to the date of the public hearing.
(c) Fees for appeals or variances. A fee of $25
shall be paid to the town for each application for a conditional use
variance, exception, temporary permits,. or appeal, to cover the
necessary administrative costs and advertising.

9•-107 ZONING REGULA'PIONS § 92.72
a
41: 92.64 REMEDIES.
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted, or maintained, or any
building, structure, or land is used in violation of this chapter,
the Building Inspector or any appropriate authority of the town or
any adjacent, nearby, or neighboring property owner who would be
affected 'by such violation in addition to other remedies may
institute injunction, mandamus, or other appropriate action in
proceeding to prevent the occupancy of such building, structure, or
land.
ZONE CHANGE AND AMENDMENTS
§ 92.70 GENERAL PROVISIONS.
The Town Board may amend, supplement, or change the text
regulations and zoning map according to the following procedures in
this subchapter.
§ 92.71 ACTION BY THE APPLICANT.
The following action shall be taken by the applicant:
(A) Initiation of amendments. Proposed changes or amendments
may be initiated by the Town Board or by one or more interested
parties.
(B) Application. An application for any change or amendment
shall contain a description or statement of the present and proposed
zoning regulation or district boundary to be applied, and the names
and addresses of the owner or owners of the property. Such
application shall be filed with the Clerk not later than 15 days
prior to the Town Board meeting at which the application is to be
considered.
(C) Fee. A fee of .$50 shall be paid to the town for each
application for an amendment to cover the costs of advertising and
other administrative expenses involved.
§ 92.72 ACTION BY THE TOWN BOARD..
(A) Town Board considerations. The Town Board shall consider
changes and amendments to this chapter proposed by applicants at any
meeting of the Town Board. '
(B) Notice and public hearing.
(1) No amendment shall be adopted by the Town Board until
after public notice and hearing.
(2) Notice of public hearing shall be given once a weak
for two successive calendar weeks in a newspaper having a genera].
circulation in the area. The. notice, shall he published the first

.i W...WV __4 UW t14" At',,'ev I"%, l•1.,.) ...— .-. ' -
t� fie not less than ten days nor more than 25 days before the date
fixed for the hearing. In computing such period, the day of
cheduling shall not be included, but the day of the hearing shall
be included.
(C) Town Board action. Before taking such lawful action as it
may deem advisable, the Town Board shall consider the Zoning
Enforcement. Officer's recommendation on each proposed zoning
amendment.
(D) Protests. No protest against a change shall be valid
unless signed by the owners of 20% or more either of the area of the
lots included in such proposed change, or of those immediately
adjacent thereto either in the rear thereof or on either side
thereof extending 100 feet therefrom, or of those directly opposite
thereto extending 100 feet from the street frontage of such opposite
lots and provided the protest is in the form of a written petition
actually bearing the signatures of the required property owners.
(G.S. S160A-386). Such amendment shall not become effective except
by favorable vote of three -fourths of all the members of. the Town
Board.
§ 92.99 PENALTY.
Any person violating any provisions of any section of this
chapter, or who shall violate or fail to comply with any order made
thereunder; or who shall continue to work on any structure after
having received written notice from the Building Inspector to cease
work, shall be guilty of a misdemeanor as provided by G.S. 514.4.
Each day such violation shall be permitted to exist shall constitute
a separate offense. Notice of violation shall be sufficient if
directed to such owner, the agent of the owner or the contractor and
left at his known place of residence or place of business.