Zoning Ordinance-2000

Town of Winton
Hertford County
North Carolina
Zoning Ordinance
ADOPTED: a 2000
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Division of Coastal Management
The preparation of this document was financed in part through ra 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.
t Oceanic and AtmosphericAdministration.

Zoning Ordinance
Town of Winton
Hertford County
North Carolina
Calvin S. Hall, MAYOR
Bobby Darden, TOWN ADMINSTRATOR
Joseph Futrell, TOWN ADMINISTRATOR
BOARD OF COMMISSIONERS
Charles Jones J. Wesley Liverman
Bernard Moore W. McCoy Pierce
ZONING COMMITTEE
Joseph A. Futrell, Town Administrator
Carolyn Bazemore Joseph Hall
Charles Jones
Technical Assistance by:
The Mid -East Commission
P.O. Box 1787
Washington, North Carolina 27889
[phone]
Joseph G. Dooley, Jr., Planner -in -Charge, Planning Director/Land Use Administrator
J. Berry Gray, Land Use Planner/GIS Technician
Gail Pinkham, Administrative Assistant
The preparation of this document was financed in part through a grant provided by the North Carolina Coastal
Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended,
which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and
Atmospheric Administration.

CHAPTER 92: ZONING REGULATION
' SECTION Page 9-
GENERAL PROVISIONS..................................................................................................................51
' § 92.01 SHORT TITLE.................................................................................................................51
§ 92.02 PURPOSE AND AUTHORITY.......................................................................................51
§ 92.03
ESTABLISHMENT OF DISTRICTS..............................................................................51
'
§ 92.04
TERRITORIAL LIMITS.................................................................................................52
§ 92.05
APPLICATION................................................................................................................53
§ 92.06
DEFINITIONS; INTERPRETATION.............................................................................54
'
USE REQUIREMENTS BY DISTRICT...........................................................................................62
§ 92.15
CONFORMITY OF PERMITTED USES.......................................................................62
'
§ 92.16
R-15 SINGLE-FAMILY RESIDENTIAL DISTRICT....................................................62
§ 92.17
R-9 SINGLE-FAMILY RESIDENTIAL DISTRICT......................................................64
§ 92.18
R-5MH MOBILE HOME PARK RESIDENTIAL DISTRICT.......................................65
'
§ 92.19
§ 92.20
R-3MF MULTI -FAMILY RESIDENTIAL DISTRICT..................................................67
0-I OFFICE AND INSTITUTIONAL DISTRICT..........................................................68
§ 92.21
B-1 NEIGHBORHOOD BUSINESS DISTRICT............................................................69
'
§ 92.22
§ 92.23
B-2 HIGHWAY BUSINESS DISTRICT.........................................................................70
I-L LIGHT INDUSTRIAL DISTRICT............................................................................72
§ 92.24
I-H HEAVY INDUSTRIAL DISTRICT.........................................................................73
'
§ 92.25
§ 92.26
AEC AREAS OF ENVIRONMENTAL CONCERN DISTRICT...................................74
PUD PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT..............................75
SUPPLEMENTAL DISTRICT REGULATIONS............................................................................81
'
§ 92.35
OFF-STREET PARKING................................................................................................81
§ 92.36
OFF-STREET LOADING...............................................................................................86
§ 92.37
SIGN REGULATIONS....................................................................................................87
'
§ 92.38
§ 92.39
RAILROADS...................................................................................................................94
FENCES...........................................................................................................................94
§ 92.40
MOBILE HOMES............................................................................................................95
§ 92.41 MOBILE HCME PARKS................................................................................................96
CRITERIA FOR DISCRETIONARY PERMITS..........................................................................101
'
§ 92.50
§ 92.51
GENERAL PROVISIONS.............................................................................................101
CONDITIONAL USE....................................................................................................102
§ 92.52
VARIANCES.................................................................................................................102
'
§ 92.53 NONCONFORMING USES..........................................................................................103
ADMINISTRATIVE AUTHORITY AND PROCESS...................................................................106
§ 92.60
ZONING ENFORCEMENT OFFICER.........................................................................106
'
§ 92.61 .
BUILDING PERMIT.....................................................................................................106
§ 92.62
CERTIFICATE OF OCCUPANCY...............................................................................107
§ 92.63
BOARD OF ADJUSTMENT.........................................................................................107
'
§ 92.64 REMEDIES....................................................................................................................109
ZONE CHANGE AND AMENDMENTS........................................................................................109
§ 92.70
§ 92.71
GENERAL PROVISIONS.............................................................................................109
ACTION BY THE APPLICANT...................................................................................109
§ 92.72
ACTION BY THE TOWN BOARD..............................................................................109
tPENALTY.......................................................................................................................................110
§ 92.99 PENALTY............................................................................................................................ ....110
9-50

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9-51 ZONING REGULATIONS § 92.03
' GENERAL PROVISIONS
6 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 established in accordance
with the Town Land Use Plan, as amended and supplemented, 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, utilities, including
but not limited to water, sewerage, electricity, as well as 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 preserving 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.
& 92.03 ESTABLISHMENT OF DISTRICTS.
' (A) Use districts created. 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
0-1
Office and Institutional District
tB-1
Neighborhood Business District
B-2
Highway Business District
'
I-L
Light Industrial District
t

§ 92.04
ZONING REGULATIONS
9-52
tI-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 forth 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, consistent with law, 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 that conditional or special uses as herein defined, are provided for 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.
' § 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, as amended and supplemented, as well as in the Extraterritorial
Jurisdiction, as from time to time may be established pursuant to law.
rI

9-53
& 92.05 APPLICATION.
ZONING REGULATIONS
§ 92.05
(A) The regulations set forth in this chapter affect all land, every building, and every use
of land or building, and shall apply as follows:
(1) New uses of construction. After the effective date of this chapter all new
construction or use of land shall conform with the use and dimensional requirements for the district in
which it is to be located.
(2) Conforming uses or structures. After the effective date of this chapter, legally
' existing land, structures, or the uses of land or structures which then conform with the regulations for
the district in which it is located may be continued, provided that any structural alteration or change
in use shall conform, with the provisions of §92.50 through §92.53.
' (3) Legal nonconforming uses of structures. After the effective date of this
chapter, land, structures, or uses of land or structures, which would be prohibited under the
regulations for the district in which it is located, shall be considered as nonconforming. Legal
nonconforming structures or uses may be continued provided they conform to the provisions of
§92.50 through §92.53.
' (B) Only one principal building permitted on one lot. No lot shall be occupied by more
than one principal building. No part of a yard, court, or other open space provided about any building
' or structure for the purpose of complying with the provisions of this chapter shall be included as a
part of a yard or other open space required under this chapter for another building or structure. A
residence shall always constitute a principal use.
' (C) Reduction of lot and yard areas prohibited. No yard or lot legally existing at the time
of passage of this chapter shall be reduced in size or area below the minimum requirements set forth
herein. Yards or lots legally created after the effective date of this chapter shall meet at least the
minimum requirements established by this chapter.
(D) Lots of record. Where the owner of a legal 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 legal 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 width 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.
(E) Adjoining and vacant legal lots of record. If two or more adjoining and vacant legal
lots of record are in single ownership at any time after 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.
t (F) Newly incorporated areas. All territory which may hereafter be included within the
zoning jurisdiction of the town shall, after the proper hearings, be placed in the R-15 Residential
District until otherwise classified by the Town Board.

§ 92.06 ZONING REGULATIONS 9-54
' (G) Changes in the official zoning map. If, in accordance with the provisions of this
chapter, or in an ordinance establishing future boundaries of the town extraterritorial jurisdiction, ;
changes are made in the district boundaries or extraterritorial jurisdiction, such changes shall be
' entered on the official zoning map promptly after such changes have been adopted by the Town
Board. In any case, no change in the official zoning map by the Town Board shall be valid unless all
previous official changes have been properly entered on the official zoning map.
t Penalty, see §92.99
492.06 DEFINITIONS: INTERPRETATION.
' (A) For the purpose of this chapter, certain words shall be interpreted as follows. Except
as defined herein, all other words used in this chapter shall have their customary dictionary definition.
' (1) The word "PERSON"' includes but is not limited to a firm, association,
entity, organization, partnership, trust, company, or corporation as well as an individual.
(2)
The word "MAY" is permissive.
(3)
The word "SHALL" is always mandatory and not merely directory.
'
(4)
The words "USED" or "OCCUPIED" include the words intended, designed,
and arranged to be used or occupied.
(5)
The word "LOT" includes, but is not limited to the words, plot, parcel, site,
and premises.
'
(6)
The word "BUILDING" includes the word structure.
(7)
The words "MAP," "ZONING MAP," and "WINTON ZONING MAP" shall
mean the official zoning
map for the Town of Winton, North Carolina.
(8)
The word "TOWN" shall mean the Town of Winton, a municipal corporation
of the State of North Carolina.
(9)
The words "ORDINANCE" and "REGULATION' shall mean the official
zoning ordinance for the Town of Winton, North Carolina.
"PLANNING
(10)
The words BOARD" shall mean the Town of Winton Planning
Board.
'
"TOWN
(11)
The words BOARD" shall mean the Town of Winton Board of
Commissioners.

9-55
1
1
ZONING REGULATIONS
(B) Tense and number.
§ 92.06
(1) The "PRESENT TENSE" includes the "FUTURE TENSE" and the
"FUTURE TENSE" includes the "PRESENT TENSE,
(2) The "SINGULAR NUMBER" includes the "PLURAL NUMBER." and the
"PLURAL NUMBER" includes the "SINGULAR NUMBER."
(C) For the purpose of this chapter the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
"ACCESSORY BUILDING" and "ACCESSORY USE." A subordinate building or use
incidental to the principal building or use on the same legal lot.
' "ADMINISTRATIVE OFFICER." The Town of Winton Zonine Administrator shall be the
official charged with the enforcement of the zoning code.
' "ALLEY." A legally created public thoroughfare which affords only a secondary means of
access to abutting property.
' "APARTMENT HOUSE." See "DWELLING. MULTI -FAMILY."
"BED AND BREAKFAST." A private single family dwelling, which rents rooms without
cooking facilities to transients for compensation, and provides a breakfast meal, but no other meals,
for guests on the premises.
' "BILLBOARD." See "SIGN. OUTDOOR ADVERTISING."
"BOARDING HOUSE." A building dedicated to the lodging or feeding or both of
' nontransient persons for compensation. See "TOURIST HOME."
"BUFFER" or "BUFFERYARD." A specified unit of land (see "YARD:" "YARD."
"FRONT:" "YARD." "SIDE:" and "YARD. REAR"), specified landscaping, or specified plantings
required on a parcel in order to shield or reduce the nuisance or negative impact to property value or
well-being of the adjoining use. The same "BUFFER" or "BUFFERYARD" may or may not be
' required around the entire perimeter of a parcel since the adjacent uses may differ on different sides.
"BUILDING." Any structure which has a roof and which is designed for the shelter, support,
' or enclosure of persons, animals, or property of any kind. See "STRUCTURE."
"BUILDING LINE." See "SETBACK LINE."
"CARWASH." A structure containing facilities for washing automobiles and automatic or
semi -automatic application of cleaner, brushes, rinse water, and heat for drying.
"CHURCH." "CLUB." or "LODGE, PRIVATE." An incorporated or unincorporated
association for civic, social, cultural, religious, fraternal, literary, political, recreational, or like
activities, operated on a nonprofit basis for the benefit of its members.

I
9-56 ZONING REGULATIONS § 92.06
I
' "CONVENIENCE STORE." Inclusive of "gas station" and "filling station" and defined as a
building or lot used for the retail dispensing or sales of gasoline and diesel fuel; sometimes having an
accessory use of automobile servicing and repair, car washes, the sale/installation of tires, oils,
lubricants, batteries; and sometimes having as an accessory use, the sales of snack foods, tobacco,
newspapers, ice, magazines, drinks, and other convenient type goods for off premises consumption.
"CURB CUT." A lowered or cut -away curb for purposes of ingress or egress to property
abutting a public street.
"DEDICATION." A gift, by the owner, of a right to use land for stated purposes. A
dedication must be in writing and in recordable form, and is completed with an acceptance and
recordation.
' "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." A freestanding building with two (2) individually owned units. The building has
' common walls between units or a zero —based lot line and a side yard. The building may be one (1) or
two (2) stories and must meet or exceed the North Carolina Building Code Standards.
"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 family.
"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.
' "EASEMENT." A grant in writing and in recordable form by the property owner for use by
the public, a comoration or person(s) of a strip of land for specific reasons.
"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.

§ 92.06 ZONING REGULATIONS 9-57
"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 (2) 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.
"HEALTH CARE FACILITY." A facility or institution, whether public or private, principally
' engaged in providing services for health maintenance and the treatment of mental or physical
conditions.
' "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 carved on by an immediate member of the family residing full time within the dwelling place,
provided, however, there shall be 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.
' "HOSPITAL." An institution providing primary health services, and surgical care to persons,
primarily in -patients suffering from illness, disease, injury, deformity, and other abnormal physical or
mental conditions, and including, as an integral part of the institution, related facilities, such as
' laboratories, out -patient facilities, training facilities, medical offices, and staff residences.
"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 that contain more than two dogs or
commercial enterprises which provide food, shelter, and other services regardless of number of dogs.
' Kennels of a commercial measure are by definition restricted to commercial districts and did not
qualify as home occupations under the set requirements of this chapter.
"LOT." (LEGAL) A lot is a parcel of land of at least sufficient size to meet minimum zoning
' requirements and other applicable municipal regulations 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 legal lot of record

i
1
9-58 ZONING REGULATIONS § 92.06
(B) A portion of a legal lot of record
(C) A combination of complete legal 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; 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 and/or other applicable municipal ordinances.
"LOT DEPTH." The mean arithmetic horizon distance between front and rear lot lines.
"LOT OF RECORD." A legal lot which is a part of a subdivision or plat which has been
legally recorded in the office of the County Register Deeds, or a legal 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.
"MOBILE/MANUFACTURED HOME." A dwelling unit that:
(A) Is not constructed in accordance with the standards set forth in the North Carolina
State Building Code for site -built homes, and
(B) Is composed of one or more components, each of which was substantially assembled
in a manufacturing plant and designed to be transported to the home site on its own chassis,
(C) Exceeds forty (40) feet in length and eight (8) feet in width, and
(D) Was constructed after July 1, 1976, and meets or exceeds HUD Construction
Standards as they existed at time of manufacture.
A travel trailer is not to be considered as a mobile home.
"MOBILE HOME CLASS A." A mobile home constructed after July 1, 1976, that meets or
exceeds the construction standards promulgated by the U.S. Department of Housing and Urban
Development that were in effect at the time of construction and that satisfies each of the following
additional criteria:
(A) The mobile home has a length not exceeding four (4) times its width;
(B) The pitch of the mobile home's roof has a minimum vertical rise of one (1) foot for
each five (5) feet of horizontal run, and the roof is finished with a type of shingle that is commonly
used in standard residential construction;
(C) The exterior siding consists of wood, hardboard, aluminum or vinyl (that does not
exceed the reflectivity of gloss white paint) comparable in composition, appearance and durability to
the exterior siding commonly use in standard residential construction;

I
§ 92.06 ZONING REGULATIONS 9-59
1
' (D) A continuous, permanent masonry foundation, unpierced except for required
ventilation and access, is installed under the home;
' (E) Stairs, porches, entrance platforms and other means of entrance and exit to the home
shall be installed or constructed in accordance with the standard set by the North Carolina Department
of Insurance; and
(F) The moving hitch, wheels and axles, and transporting lights have been removed.
"MOBILE HOME CLASS B." A mobile home constructed after July 1, 1976, that meets or
exceeds the construction standards promulgated by the Department of Housing and Urban
Development that were in effect at the time of construction but that does not satisfy all of the criteria
necessary to quality the house as a Class A mobile home.
' "MOBILE HOME. DOUBLE -WIDE." A mobile home consisting of two sections combined
horizontally at the site while still retaining their individual chassis for possible future movement.
' "MOBILE HOME PARK." Any place or tract of land maintained, offered, or used for the
parking of at least ten or more mobile homes used or intended to be used for living or sleeping
' purposes. See mobile home parks regulations, §92.41.
"MODULAR." A dwelling unit constructed in accordance with the standards set forth in the
t North Carolina State Building Code and composed of components substantially assembled in a
manufacturing plant and transported to the building site for final assembly on a permanent
foundation. Among other possibilities, a modular home may consist of two or more sections
transported to the site in a manner similar to a mobile home (except that the modular home meets the
N.C. State Building Code), or a series of panels or room sections transported on a truck and erected or
joined together on the site.
' "MOTEL." A commercial structure in which sleeping accommodations are provided or
offered to transient visitors for compensation.
"MUSEUM." An institution devoted to the procurement, care, study, and display of objects of
lasting interest or value; also: a place where objects are exhibited.
"NONCONFORMING USE." A structure or land lawfully occupied by an existing use which
does not conform with the permitted uses for the zoning district in which it is situated, either at the
effective date of this chapter, or as a result of subsequent amendments to this chapter.
'NURSING HOME." "CONVALESCENT HOME." or "REST HOME." A health facility
where persons are housed and furnished with meals and continuing nursing care for compensation.
' "ONE MILE AREA." See "EXTRATERRITORIAL AREA." See "EXTRATERRITORIAL
JURISDICTION."
' "PRINCIPAL USE. The principal use for which a legal lot or the main structure thereon is
designed, arranged or intended, and for which it is or may be used, occupied, or maintained.
I
i

I
' 9-60 ZONING REGULATIONS § 92.06
' "ROOMING HOUSE." See "BOARDING HOUSE."
"SERVICE STATION." A building on a legal lot dedicated to the rendering of automotive
' services such as the sale of gasoline, oil, grease, and accessories and the minor repair of automobiles
such as tune-ups, brake adjustments, and tire changes excluding body working, overhauling, and
painting.
"SETBACK LINE." The line on the front, rear, and sides of a lot, set according to the zoning
district regulations, which delineates the area on which a structure may be built and maintained.
1
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1
1
"SHELTER. FALLOUT." A structure or portion of a structure intended to provide protection
to human life during periods of danger to human life from nuclear fallout, air raids, storms, or other
emergencies.
"SHOPPING CENTER." Two or more commercial establishments planned and constructed
as a single unit with off-street parking and loading facilities provided on the property and related in
location, size, and type of shops to the trade area which the unit serves.
"SIGN." Any device designed to inform, or attract the attention of persons not on the
premises on which the sign is located, not including:
(A) Signs not exceeding two square feet in area and bearing only property numbers, post
office box numbers, names of occupants of premises, or other identification of premises not having
commercial connotations;
(B) Flags and insignias of any government except where displayed in connection with
commercial promotion;
(C) Legal notices, identification, information, or directional signs erected or required by
governmental bodies;
(D) Integral decorative or architectural features of buildings, except letters, trademarks,
moving lights, or moving parts; and
(E) Signs directing and guiding traffic and parking on private property, but bearing no
advertising matter.
"SIGN AREA." The entire face of a sign and all wall work including illuminating tubing
incidental to its decoration, excluding architectural trim and structural embellishments. In the case of
an open sign made up of individual letters, figures, or designs, the spaces between such letters,
figures, or designs shall be included as part of the sign area. In computing sign area, only one side of
a double -face sign structure shall be considered.
"SIGN AWNING." A sign structure supported by existing structural awning or building
overhang, placed perpendicular to the street.
1

§ 92.06 ZONING REGULATIONS 9-61
1
"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, 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 three (3) to six (6)
' 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, modular homes, walls, fences, signs, swimming pools,
and fallout shelters.
' "TOURIST HOME." A dwelling in which sleeping or eating accommodations are provided or
offered to transient visitors for compensation. See "BOARDING HOUSE."
t"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.
1

9-62 ZONING REGULATIONS § 92.16
' "VARIANCE." A variance is a written relaxation of the terms of the zoning code. A variance
may be made where, owing to conditions peculiar to the property not the result of the actions of the
applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.'
' Variances are granted in writing by the Board of Adjustment, which must adhere to certain rules and
regulations as set forth in this chapter
' "YARD." A required open space unoccupied and unobstructed by any structure or portion of
a structure, from ground to sky, except as provided herein.
' "YARD. FRONT." A required open space extending across the front of a lot measured from
side lot line to side lot line and lying between the abutting street right-of-way and the front building
setback line.
' "YARD. REAR." A required open space extending across the rear of the lot measured from
side lot line to side lot line and lying between the rear property line and the rear building setback line.
A rear yard may be used for an accessory building provided no structures whether temporary or
' permanent are constructed within five feet of any property line.
"YARD. SIDE." A required open space extending along either side of a lot measured from
' front setback line to the rear setback line and lying between the side lot line and the side setback line.
' USE REQUIREMENTS BY DISTRICT
692.15 CONFORMITY OF PERMITTED USES.
Within the use districts indicated on the zoning map, no building or land shall be used, and no
building shall be, erected or altered which is intended or designed to be used in whole or in part, for
any other than those listed as permitted for that district in this section. Furthermore, each permitted
' use shall conform to the dimensional requirements of the district in which it is located.
Penalty, see §92.99
' 492.16 R-15 SINGLE-FAMILY RESIDENTIAL DISTRICT.
The R-15 Residential District is established as a district in which the principal use of land is
' for single-family residences. The regulations of this district are intended to discourage any use which
because of its character, would substantially interfere with the development of single-family
residences in the district and which would be detrimental to the quiet residential nature of the areas
included within this district.
(A) The following uses are permitted:
' (1) Single-family residences excluding mobile/manufactured homes on
individual lots.
' (2) Public parks and picnic areas.

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§ 92.16
ZONING REGULATIONS
9-63
(3) Customary accessory buildings, including private garages and noncommercial
greenhouses and workshops.
(4) Home occupation.
(5) 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 §92.50 through §92.53 have been met:
' centers.
1
(1) Churches and similar places of worship.
(2) Public and private schools.
(3) Golf course and associated uses such as a private clubhouse or lodge.
(4) Public buildings such as fire, police, and library facilities and community
(5) 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.
(6) Planned Unit Developments (PUD) which meet the requirements of §92.26.
(C) District requirements R-15.
(1) Lot area, minimum required — 15,000 square feet.
(2) Lot width, minimum required —100 feet.
(3) Front yard, minimum required - 25 feet.
(4) Side yard, minimum required - 10 feet.
Side yard abutting street - 20 feet.
(5) Rear yard, minimum required - 30 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.
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9-64
ZONING REGULATIONS
§ 92.17
(8) Off-street parking. Off-street parking shall be provided as required in §92.35.
(9) Comer visibility. On a comer 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.
' (10) Signs. Signs shall meet the requirements set forth in §92.37.
Penalty, see §92.99
' & 92.17 R-9 SINGLE-FAMILY RESIDENTIAL DISTRICT.
The R-9 Residential District is established as a district in which the principal use of land is
for single-family residences. The regulations are intended to discourage any other uses, which
because of their character/nature would interfere with the residential character/nature of this district.
' (A) The following uses are permitted: Any use permitted in the R-15 Residential District.
(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) Churches, and similar places of worship.
' (2) Public and private schools.
(3) Golf course and associated uses such as a clubhouse or lodge.
' (4) Public buildings such as police, fire, and library facilities and community
centers.
' (5) 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 office shall be permitted; and that landscape is
screened with shrubs and other vegetation so as to blend with the surrounding area.
' (6) Rest and convalescent homes.
(7) Planned Unit Developments (PUD) which meet the requirements of §92.26.
(C) District requirements R-9.
' (1) Lot area, minimum lot required - 9,500 square feet.
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§ 92.18 ZONING REGULATIONS 9-65
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'
(2)
Lot width, minimum required - 75 feet.
(3)
Front yard, minimum required - 25 feet.
'
(4)
Side yard, minimum required - 10 feet.
Side yard abutting street, minimum required - 20 feet.
'
(5)
Rear yard, minimum required - 25 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 U
(8) Corner visibility. On a comer 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
' 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. All mobile homes subject to the within
' Zoning Ordinance shall face a dedicated and accepted street and/or street meeting municinal
requirements. 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) Modular/Stick-built homes.
(2) Public parks and picnic areas.
' (3) Accessory uses pro vided 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.
(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) Mobile home park subject to §92.40 and §92.41.
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9-66
' centers. (2)
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ZONING REGULATIONS
§ 92.18
Public buildings such as police, fire, and library facilities and community
(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 office shall be permitted.
(4) Churches.
(5) Home occupation.
(C) District requirements R-5MIL
(1) Lot area, minimum required — 7,500 square feet for each unit.
(2) Lot width, minimum required - 80 feet.
(3) Front yard, minimum required - 25 feet.
(4) Side yard, minimum required for one or two story —10 feet.
Five additional feet shall be added to each yard for each full story of building
height in excess of two stories.
Side yard abutting street - 20 feet.
(5) Rear yard, minimum required - 25 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.
(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 thirty-five (35) feet in height.
Penalty, see §92-99

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§ 92.19
ZONING REGULATIONS
& 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/manufactured 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 S§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 — 9.500 square feet.
Unit, minimum required for each multi -family unit — 4.500 square feet.
(2) Lot width, minimum required —100 feet.
(3) Front yard, minimum required — 25 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 - 25 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.
11

9-68 ZONING REGULATIONS § 92.20
' (8) Comer 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 eighty feet
(80') from their intersection, there shall be no obstruction to vision between a height of three feet (3')
' and a height of ten feet (10') 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 thirty-five feet (35') in height.
Penalty, see §92.99
' 692.20 0-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
tyards and for off-street parking and loading of vehicles.
(1) All uses permitted in the R-9 Residential District, provided however, that any
' and all residential uses permitted in this district shall be on the second floor, and any proposed
residential use on the first floor shall be by conditional use permit only.
' (2) Agencies rendering specialized services , including but not limited to real
estate, insurance, advertising, brokerage, stenographic, telephone answering, and similar services.
' (3) Offices rendering professional services, including but not limited to legal,
medical, dental, engineering, architectural, and similar institutions.
(4) Hospitals, sanitariums, 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 materials.
(7) Banks and other licensed fmancial institutions.
' (8) Studios for artists, designers, photographers, and other similar activities.
(9) Parking lots.
1

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§ 92.21 ZONING REGULATIONS 9-69
(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) Hotels, motels, and motor courts provided that all buildings be located not
less than 100 feet from a public right-of-way.
1
District.
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(C) District requirements O-I.
(1) All residential lots shall meet the requirements of the R-9 Residential
(2) All office and institutional uses shall comply with the dimensional
requirements of the B-2 Commercial District.
Penalty, see §92.99
692.21 B-1 NEIGHBORHOOD 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
specialty shops serving a regional retail trading area.
(A) The following uses are permitted:
' (1) Retail stores: groceries, furniture, appliances, electrical and plumbing
fixtures, wallpaper and paint, upholstery, antiques, automobiles, bicycles, motorcycles, farm
machinery, radio and television, seed and feed, 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) Banks, credit unions, cab stands, pool halls, radio and television broadcasting
studios, barber and beauty shops, shoe repair, dry cleaning and laundry, 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 §92.50 through §92.53 have been met.
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9-70
ZONING REGULATIONS
§ 92.22
' (1) Service stations shall have a minimum lot area of 7,000 square feet with a
frontage of not less than 100 feet, with commensurate on -site parking. 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.
(2) Automobile carwash shall have commensurate on -site parking and lot size
' requirements.
(3) Bus stations, train stations, parking lots, hotels, motels, theatres, bowling
' alleys, restaurants, cafeterias, and libraries.
(4) Shopping centers, convenient stores, and museums.
' (C) Dimensional requirements.
(1) No yards are required except that if the rear of the lot abuts a residential
' district there shall be a minimum of a twenty foot (20') rear yard, appropriately screened and
landscaped, and if the side yards are provided they must be at least ten feet (10') in width.
' (2) Buildings constructed or converted to commercial use after the effective date
of this chapter shall provide adequate off-street parking as required in §92.35, and off—street loading
berths as required in §92.36.
' (3) All signs must meet the requirements set forth in §92.37. NOTE: On -site
and off -site billboards have been specifically eliminated.
(4) Every building hereafter erected or structurally altered to exceed fifty feet
(50') in height shall be set back from the front lot line on a ratio of one foot for each two feet (2') rise
above fifty feet (50') in height.
' Penalty, see §92.99
& 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) Retail Stores: 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.
1

§ 92.22 ZONING REGULATIONS 9-71
(2) Barber and beauty shops, shoe repair, laundry and dry cleaning, restaurants,
service stations, parking lots, radio and television repair, radio and television broadcasting stations,';
offices, and signs.
(B) The following uses are conditional uses and may be permitted subject to a fording by
the Town Board that the additional conditions of §92.50 through §92.53 have been met.
' (1) Repair and storage of automobiles, trucks, and agricultural implements shall
be permitted provided all repair is performed inside a building, and that all parking or storage of
vehicles is provided off the public right-of-way and at least fifteen feet (15') to the rear of the front
' property line. (Not including auto salvage or junkyards.)
(2) Animal hospitals shall have a minimum area of one (1) acre with a street
frontage of not less than three hundred feet (300'). No animal storage shall be allowed within
one hundred feet (100') of any residential use as measured from any point on any property
line. .
' (3) In as much as animal hospitals are provided for, there should be some
provision either here or elsewhere, for hospitals, per se.
' (4) Hotel, motels, banks, credit unions, tourist homes, funeral homes, and drive-
ins dispensing foods.
' (5) Healthcare facilities.
(C) District requirements B-2.
(1) Lot width, minimum required - 75 feet.
(2) Lot depth, minimum required - 120 feet.
(3) Front yard, minimum required from street right-of-way - 40 feet.
' The front yard shall be the yard adjoining the major street. The first five feet
from the property line shall be developed for sidewalk, grass and plants, and shall not be used for any
purpose except for the necessary drives and walks, and shall not include off-street parking.
' (4) Side yard, minimum required - 10 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 50% of the total lot area.
1

9-72 ZONING REGULATIONS § 92.23
' (7) Building height. Every building hereafter erected or structurally altered to
exceed 50% in height shall be set back from the front property line on a ratio of one foot for each two ;
feet rise above 50 feet in height.
' (8) Off-street parking space shall be provided as required in §92.35.
' (9) Off-street loading and unloading space shall be provided as required in
§92.36.
(10) Signs shall meet the requirements set forth in §92.37.
Penalty, see §92.99
& 92.23 I-L LIGHT INDUSTRIAL DISTRICT.
tThe I-L Industrial District is established as a district in which the principal use of land is for
industries which can be operated in a relatively environmentally safe, clean and quiet manner and
' which will not be obnoxious to proximate residential or business districts.
The regulations are designed to prohibit the use of land for heavy industry, which should be properly
' segregated and to prohibit any other use, which would substantially interfere with the development of
industrial establishments in the district.
' (A) The following uses are permitted:
(1) Animal hospitals, assembly of farm products such as granaries and storage
bins, but not fertilizer or tallow plants, automobile sales and service, bag manufacture, bakery plants,
t billboards and signs, boat manufacture, bottling works, building materials storage and sale, bus
garages, cabinet making, carpenter's shop, cemeteries, circuses, carnivals, fairs, sideshows, coal
yards, cold storage plant, contractor's plant or storage yard, dairy products processing.
' (2) Dry cleaning and laundry plants, electrical and industrial equipment repair
and servicing but not railroad equipment, farms, farm machinery assembly repair and sales, fertilizer
storage and sales, food processing in wholesale quantity except: meat, fish, poultry, vinegar and yeast,
grain elevators, greenhouses and nurseries, grounds and facilities for open air games or sports, ice
plant, industrial research and educational facilities, laboratories for research and testing, leather goods
' manufacture, lumber yards, off-street parking facilities, optical and scientific instruments, jewelry and
clocks, musical instrument manufacture, pharmaceutical products manufacture, printing, publishing
and reproduction establishments, camper and mobile home manufacture and sales.
' (3) Public utilities, repair and servicing of office and household equipment,
service stations, sheet metal shops, shirt manufacture, sign manufacture, painting and maintenance,
stonecutting, monument manufacture and sales, storage warehouses and yards, tinsmith shops, tire
' recapping and retreading, venetian blind manufacture, contractor and cleaning shop, warehouses,
welding shops, wholesale and jobbing establishments including incidental retail outlets for only such
merchandise as is handled for wholesale, woodworking shops, millwork.
' (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 will be met: medical clinics,
' herein defined under health care facility.

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§ 92.24
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ZONING REGULATIONS
(C) District requirements I-L.
9-73
(1) No building shall be less than 40 feet from the street right-of-way line. No
other yards are required, except where the rear of a lot abuts a residential district and 04, there shall
be a twenty-five foot (25') rear yard appropriately buffered with screening, and where a lot abuts
upon the side of a lot zoned residential, there shall be a side yard of not less than the minimum
required in the district on which it abuts. In cases where a side yard, not required, is provided, it shall
be at least five feet (5') in width.
(2) Off-street parking shall be provided as required in §92.35.
(3) Off-street loading and unloading space provided as required in §92.36.
(5) Signs shall meet the requirement set forth in §92.37.
Penalty, see §92.99
& 92.24 I-H HEAVY INDUSTRIAL DISTRICT.
The I-H Industrial District is established as a district in which the principal use of land is for
heavy industries that by their nature may create some nuisance and which are not properly associated
with nor compatible with residential, commercial, and service establishments.
(A) The following uses are permitted:
(1) Any use permitted in the I-L Industrial District, airports and landing fields,
blacksmith's shop, cooperage works, enameling, lacquering, or the plating or galvanizing metals,
fertilizer manufacture, foundries producing iron and steel products, hatcheries, industrial equipment
machinery repair and servicing.
(2) Industrial chemical manufacture, junk yards, machine tool manufacture, meat
packing plants, metal fabrication plants using plate and structural shapes and including boiler or tank
works, mixing plants for concrete, or paving materials and manufacture of concrete products, oxygen
manufacture or storage, paper, pulp, cardboard, and building board manufacture, pottery, porcelain
and vitreous china manufacture.
(3) Poultry dressing for wholesale, rag, bag, and carpet cleaning establishments,
railroad freight yard, terminals or classification yards, railroad car repair and manufacture, soap,
detergent and washing compound manufacture, textile manufacture, tobacco products manufacture,
tobacco stemming and redrying plants, 2-11 tobacco warehouses, truck terminals, repair shops,
hauling and storage yards.
(B) The following 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 will be met:

9-74 ZONING REGULATIONS § 92.25
' (1) Automobile wrecking yards and similar types of used materials industries
when conducted within a structure or on a lot enclosed by a solid fence at least six feet in height,
provided such fence shall not be less than fifty feet (50') from any street right-of-way line and
' provided further that the Board of Adjustment finds that such a wrecking yard or industry will not
have an injurious effect on the public interest or welfare.
' (2) Wholesale storage of gasoline or bulk terminal plants for any flammable
gases or liquids, provided that no storage takes place closer than twenty-five feet (25') to any
boundary line of the lot on which said storage is located.
' (C) District requirements I-H.
(1) No building shall be less than 40 feet from the street right-of-way line. No
' other yards are required, except where the rear of a lot abuts a residential district or 0 and I, there
shall be a twenty-five foot (25') rear yard and where a lot abuts on the side of a lot zoned residential,
there shall be a side yard at least fifteen feet (15') in width. In cases where a side yard, not required, is
provided, it shall be at least five feet (5') in width.
(2) Off-street parking shall be provided as required in §92.35.
' (3) Off-street loading and unloading space shall be. provided as required in
§92.36.
' (6) Signs shall meet the requirement set forth in §92.37.
Penalty, see §92.99
' S 92.25 AEC AREAS OF ENVIRONMENTAL CONCERN DISTRICT.
(A) The AEC District shall be an additional designation to any of the zoning districts of
this chapter. The portion of any District to which the AEC District shall apply shall be delineated on
the AEC overlay map (which becomes part of the official zoning map maintained by the town).
(B) In the AEC of public trust waters, the public has rights including navigation and
recreation. In addition, these areas support valuable commercial and sports fisheries, have aesthetic
value, and are important resources for economic development. By establishing this special AEC
' District, the town intends to protect public rights for navigation and recreation and to preserve and
manage the public trust areas so as to safeguard and perpetuate their biological, economic, and
aesthetic value.
' (1) The following uses are permitted: conservation and recreational uses.
(2) The following uses are conditional uses and may be permitted, subject to a
' fording by the Town Board that the additional conditions stated in 15NCAC7H, Sections .0207 and
0208 will be met:

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§ 92.26 ZONING REGULATIONS 9-75
(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, a designs shall provide a
75 foot buffer yard 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
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& 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.
(3) To allow a mixture of densities between zoning districts and plan
designations when more than one district or designation is included in the development.
I

9-76 ZONING REGULATIONS § 92.26
' (B) The following uses are permitted:
(1) Residential uses.
(2) Recreational facilities including but not limited to tennis courts, swimming
pools, and playgrounds.
' (3) Open space uses.
' (4) Schools, libraries, community halls, and churches.
(5) Convenience establishments of a commercial, and service nature, including
stores, laundry, and dry-cleaning agencies and establishments, beauty shops, barber shops, and the
' like (but specifically excluding gas stations, repair garages, and drive-in eating and drinking
establishments).
' (6) Offices, buildings, and facilities required for the operation, administration,
and maintenance of any Planned Unit Development and for recreation purposes such as golf courses,
recreation rooms, and vehicle storage areas.
' (C) Development requirements. In considering a proposed Planned Unit Development
project, the approval thereof may involve modifications in the regulations, requirements, and
' standards of the zoning district in which the project is located. The following regulations,
requirements, and standards shall apply:
(1) Site adaptation. To the maximum extent possible, the plan and design of the
' development shall assure that natural or unique features of the land and environment are preserved.
(2) Lot arrangement. All lots within the development shall be designed and
' arranged to have direct access to or frontage on open space or recreation areas.
(3) Density of development. Residential density shall be the same required for
the subject zoning district.
(4) Amount of open space. The required amount of open space or outdoor
' recreational area shall be at least 20% of the gross area. Such open space should include school access
routes, bicycle trails, natural or landscaped buffer areas, and the like whenever practical or
appropriate.
' (5) Structure setback provisions. Yard setbacks for lots on the perimeter of the
project shall be the same as that required for the subject zoning district. All detached structures shall
maintain a minimum side yard setback of three feet or meet the Uniform Building Code requirement
' for firewalls. A minimum front yard setback of 20 feet shall be required for, any garage structure
whose opening faces onto a public road.
1

§ 92.26 ZONING REGULATIONS 9-77
' (6) Individual lot street frontage. No individual lot street frontage is required
when such lots are shown to have adequate access in a manner that is consistent with the purposes and
objectives of this section.
' (7) Circulation.
' (a) Access. Planned Unit Developments shall be appropriately located
with respect to major streets and highways or other transportation facilities so as to provide direct
access, without creating traffic along minor streets in residential areas. Entrances and exits for
' automotive vehicles shall be designed to encourage smooth traffic flow with controlled turning
movements and minimum hazards to pedestrians, passing traffic, or to traffic entering and leaving the
development. In no case shall streets within a Planned Unit Development connect t6 streets outside
the Planned Unit Development in such a way as to encourage use of minor streets for through traffic.
1 (b) Internal. Roads, pedestrian, and bikeway paths shall be integrated
system designed to provide efficient safe circulation to all uses. Developments should be designed to
' minimize the length of roadway.
(c) Siting of roadway and parking areas. Siting of roadways and parking
' areas shall be consistent with the character of the -site and avoiding excessive cuts and fills.
(d) Planned Unit Development parking standards. The following shall be
' the minimum off-street parking requirements for dwelling units and permitted commercial uses in a
residential Planned Unit Development.
1. Parking requirements for residential and commercial use
shall be the same as required under §92.35. .
2. Off-street parking may be provided on each lot or clustered
tin parking pods in proximity to the dwelling units they serve.
(8) Utilities. In addition to other requirements set forth herein, the following
shall apply:
(a) All utilities shall be approved by the appropriate agencies.
' (b) All sewer and water provisions shall be approved by the appropriate
agencies before the plans are approved by the Board.
' (c) All utility services shall be placed underground.
' (d) Provisions shall be made for fire prevention, including service
waterlines, nonfreeze hydrants, and free emergency access for fire -fighting equipment around
building.
1
L

I
' 9-78
ZONING REGULATIONS
§ 92.26
(e) Provision shall be made for control of site storm water drainage.
(9) Homes association. A nonprofit incorporated homes association or an
alternative acceptable to the town shall be required if other satisfactory arrangements have not been
made for improving, operating, and maintaining common facilities, including open space, streets,
drives, service and parking areas, recreation areas, and storage. The following principles shall be
observed in the formation of any home association and shall be reviewed by the Town Counsel's
office:
' (a) A homes association shall be set up before approval of the final plat,
or any portion thereof.
(b) Membership shall be mandatory for each home buyer and any
' successive buyer.
(c) The open space restrictions shall be perpetuity.
' (d) The homes association shall be responsible for liability insurance,
local taxes, and the maintenance of recreational and other facilities.
' (e) Home owners shall pay their pro rats share of cost, or the assessment
levied by the association shall become a lien on the property.
' (f) The association shall be able to adjust the assessment to meet
changes needed.
t (g) No change in open space use or dissolution of homes association
shall occur without a public hearing before the Board.
' (10) An alternative to a homes association may be deed restrictions or
conservation easements, when the town determines such will protect the intent and purpose of this
chapter and be in the public's interest.
' (D) Procedure for approval of a Planned Unit Development.
t
1
(1) Planned Unit Development subdivisions proposing only residential dwelling
units:
(a) Shall follow the procedure and submission of plans as required by the
subdivision regulations in Chapter 91.
' (b) The Town Board
Development subdivisions for compliance with thes
with conditions, or denial to the preliminary plat.
e
shall review all preliminary Planned Unit
standards and may give preliminary approval

§ 92.26
' a conditional use.
1
1
ZONING REGULATIONS
9-79
Planned Unit Developments proposing commercial uses shall be processed as
(3) The Town Board may modify the requirements in this section if in their
judgment the public interests and the provisions of this section are achieved.
(E) . Form and content of applications. The following information, plans and maps shall be
submitted as part of the application for a Planned Unit Development.
(1). Names, address, and telephone numbers of the owners and developers as well
as project engineers or surveyors.
(2) A list of any adjacent lands to the development owned by the developer.
(3) Name of development, date, northpoint, and scale of drawing (not less than
one inch = 20 feet nor more than one inch = 200 feet).
(4) Location of the development by section, township, range, and lot.
(5) The boundary lines and names of adjacent subdivisions or major partitions,
adjacent streets, and tract lines of adjacent parcels of property.
' (6) Vicinity map (at a legible scale) showing the relationship to the nearest
arterial, highway, or street.
(6) Property boundaries and dimensions. Approximate dimensions and layout of
lots, minimum lot size.
(7) Ground elevations shown by contour lines of not less than five foot vertical
' intervals. State source of information.
(8) Gross acreage in proposed development.
' (10) Existing zoning of property.
(11) Proposed uses of the property, including sites, any, for attached dwelling
units, recreational facilities, parks A playgrounds or other public or semipublic uses, with the
purpose, condition, and limitations of such reservations clearly indicated.
' (12) Existing uses of the property, including the location and use of all existing
structures and their disposition. Existing trees or other natural vegetation.
t(13) Source of the domestic water supply and sewer disposal.
1
k

9-80 ZONING REGULATIONS § 92.35
' (14) Drainage statement. Watercourses on and abutting the property. Approximate
location of areas subject to inundation of storm water overflow, or all areas covered by water, and the,
approximate location, width, and direction of flow of all watercourses. Direction of drainage on
proposed streets shall be indicated.
(15) The approximate location, and dimensions (horizontal and vertical) of all
' commercial, common -wall, or multi -family structures proposed to be located on the site.
(16) Improvements. Statement of improvements to be made or installed including
' streets, sidewalks, rideways, trails, lighting, tree planting, landscaping, and time such improvements,
are to be made or completed.
(17) The proposed location, width, surface conditions, and alleys of streets within
' the development.
(18) Easements. Approximate width, location and purpose of all existing and
' proposed easements.
(19) Utilities such as electrical, gas, telephone, on and abutting the tract.
' (20) Written statement. Information, which is not practical to be shown on the
maps, may be shown in separate statements accompanying the proposed development.
' (21) In areas identified as Areas of Environmental Concern (AEC), the developer
shall submit a site analysis. If the Zoning Administrator determines additional information is
necessary, he shall notify the developer in writing of the specific issues on which more information is
needed. The developer shall provide this information in writing to the town prior to formal
consideration by the Board. This requirement may be waived in the event all development is
transferred to more suitable land outside areas designated as AEC.
(F) Expiration.
(1) Planned Unit Developments that have conditional use approval for
commercial uses shall receive preliminary plat approval for the proposed development by the Town
Board within one year of the date on which the conditional use was granted. The aforementioned
' preliminary approval shall be effective for two years from the date of approval by the Town Board
during- which time the final plat shall be recorded.
1
1

§ 92.35 ZONING REGULATIONS 9-81
' (2) The Town Board may extend the approval period for not more than one
additional year at a time. Request for extension of approval time shall be submitted in writing. Thirty
(30) days prior to the approval period elapsing the Board shall inform the developer in writing of the
' fact. Notice to the developer shall become a part of the permanent file. If the developer or his agent
has not requested extension of the Planned Unit Development within 45 days after the elapsed date,
any and all approvals shall become void. The Board may also request that the Planned Unit
' Development be submitted at any time after the one year period rather than extending the original
approval.. The Town Board may also require modification, revision, or change within the proposed
Planned Unit Development to benefit the public interest in granting a one year time extension.
' Penalty, see §92.99
SUPPLEMENTAL DISTRICT REGULATIONS
692.35 OFF-STREET PARKING.
' There shall be. provided at the time of the erection of any building, or at the time any
principal building is enlarged or increased in capacity by adding dwelling units, guest rooms, seats, or
floor area; or before conversion from "one type of use or occupancy to another, permanent off-street
' parking space in the amount specified by this section. Such parking space may be provided in a
parking garage or properly graded open space. The minimum size parking space shall be 200 square
feet with a minimum width of ten feet.
' (A) Certificate of minimum parking requirements. Each application for a building permit
or certificate of occupancy submitted to the Building Inspector as provided for in this chapter shall
include information as to the location and dimensions of off-street parking and loading space and the
' means of ingress and egress to such space. This information shall be in sufficient detail to enable the
County Zoning Administrator to determine whether or not the requirements of this section are met.
' (B) Certificate of required parking spaces. The required parking space for any number of
separate uses may be combined in one lot but the required space assigned to one use may not be
assigned to another use, except that one-half of the parking space required for churches, theaters, or
' assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which
will be closed at night and on Sundays.
' (C) Remote parking spaces. If the off-street parking space required by this chapter cannot
be reasonably provided on the same lot on which the principal use is located, such space may be
provided on any land within 400 feet of the main entrance to such principal use, provided such land is
in the same ownership as the principal use. The land shall be used for no other purpose so long as no
other adequate provisions of parking space meeting the requirements of this chapter have been made
for the principal use. In such cases, the applicant for a permit for the principal use shall submit with
his application for a building permit an instrument duly executed and acknowledged, which subjects
' the land to parking use in connection with the principal use or for which it is made available. The
applicant shall deposit the necessary fee and on the issuance of a building permit, the Clerk shall
cause the instrument to be registered in the office of the County Register of Deeds.
1
1

9-82 ZONING REGULATIONS § 92.35
' (D) Requirements for parking lots in residential districts. Where parking lots for more
than five cars are permitted or required in residential districts, the following shall be complied with:
' (1) The lot may be used only for parking and not for any type loading, sales,
dead storage, repair work, dismantling, servicing, or play (recreation) area.
' (2) All entrances, exits, barricades at sidewalks, and drainage plans shall be
approved by the County Zoning Administrator in accordance with the town code and constructed
before occupancy.
' (3) A strip of land five feet wide shall be reserved, as open space adjoining any
street line or any lot zoned for residential uses, guarded with wheel bumpers and planted in grass
and/or shrubs.
(4) Only one entrance and exit sign (maximum two square feet) and a sign no
larger than two square feet unilluminated prescribing parking regulations may be erected at each
' entrance or exit. No other signs shall be permitted.
(E) Minimum parking requirements. The following off-street parking space shall be
required.
(1) Residential and Related Uses Required Parkin¢
' Single-family dwelling units Two parking spaces
on the same lot as
the dwelling unit.
Any residential use containing One and one-half
more than one dwelling unit parking spaces on
' the same lot as the
dwelling.
Rooming or boarding houses One parking space
for each one room to
be rented.
iDoctor's or dentist's office Six parking spaces
in his residence in addition to
residence
requirements.
Professional office (other than Two parking spaces
' doctor or dentist) or customary in addition to
home occupation in operator's residence
residence requirements.
Li

§ 92.35
(2)
ZONING REGULATIONS 9-83
Public and Semipublic Uses
Required Parkin¢
Hospital
Two parking spaces
for each bed in
tended for patient
use, exclusive of
bassinets.
Clinic
Four parking spaces
for each doctor plus
one parking space
for each employee.
Nursing home
One parking space
for each five beds
intended for patient
use.
Churches
One parking space
for every four seats
or 30 square feet in
the largest assembly
area. If, however,
the facility is
located proximate to
an off-street parking
area intended to
serve another use
and the church can
attain permission of
the owner, then the
existing parking may
provide up to 50% of
the parking required
by the church.
Elementary school and
Three parking spaces
junior high school
for each classroom
and administrative
office or one space
for each 30 square
feet of space provided
for seating in the
largest assembly
area, whichever is
greater excluding
loading space.

9-84 ZONING REGULATIONS § 92.35
(2) Public and Semipublic Uses
Required Parking
(continued)
Senior high school
One parking space
for each ten
students for which
the building was
designed plus one
parking space for
each classroom and
administrative
office.
Stadium, play field, or
One parking space
recreation area
for each four
spectator seats.
Auditorium
One parking space
for each four seats
in the largest
assembly room.
Public or private clubs
One parking space
for each 100 square
feet of gross floor
space.
Public utility buildings
One parking space
for each employee.
Auto repair
One space for each
employee of the
largest shift plus
five spaces for each
service area or for
each 300 square feet
of repair or
maintenance
space, whichever
is the greater.
(3) Business Uses
Required Parking
Tourist home, motel, motor
One parking space
court
for each room to be
rented plus one
additional parking
space for each two
employees.

§ 92.35 ZONING REGULATIONS 9-85
(3) Business Uses
Required Parkin
(continued) ,
Hotels (not including any
One parking space
retail use)
for each three rooms
to be rented plus
one additional
parking space for
each three
employees.
Restaurants, cafes, taverns,
One parking space
night clubs, or pool halls
for each 100 square
feet of patron
serving area or
portion thereof.
General or professional
one parking space
offices
for each 200 square
feet of gross floor
area.
Banks
One parking space
for each 200 square
feet of gross floor
space plus one for
each two employees.
Filling stations
Five parking spaces
for each grease rack
and five places for
each wash rack.
Theaters
One parking space
for each four seats
in the auditorium.
Funeral homes
One parking space
for each four seats
in the chapel or
parlor.

9-86 ZONING REGULATIONS § 92.37
(3) Business Uses Required Parkine
(continued)
Retail service uses not One parking space
' otherwise indicated for each 100 square
feet of gross floor
area.
' Skating rink, bowling alley, One and one-half
dance hall, or similar in- square feet of
' door or outdoor commercial parking area for
recreation uses each one square foot
of gross floor area.
(4) Industrial and Wholesale Required Parking
Wholesale uses One parking space
for each employee
' on the largest shift.
Industrial uses One parking space
for each employee
on the largest shift.
Penalty, see §92.99
' § 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.
1
r-

I
§ 92.37 ZONING REGULATIONS 9-87
(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
t 20,000 -
40,000 -
40,000 2
100,000 3
100,000 -
160,000 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 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.
(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 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;
1
(4) Civic groups or bodies no larger than 25 square feet in sign area;

9-88 ZONING REGULATIONS § 92.37
I
t (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
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-5M.H, and R-3 W
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.
(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.
1
1

I
§ 92.37 ZONING REGULATIONS 9-89
1
' (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, B-1, I-L, and I-H 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.
(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.
11

9-90 ZONING REGULATIONS § 92.37
' (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 Darts; 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 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.
' 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.

F
§ 92.37 ZONING REGULATIONS 9-91
(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.
not exceed 675 square feet.
1. The maximum area of the face of the sign for billboard shall
' 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 roolline.
(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 access 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.
(5) Permitted location. -
(a) 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.
(b) Billboards/off premise sign.
' 1. Billboards shall be set back not less than 50 feet from the
right-of-way of any United States or North Carolina primary or secondary highway. All other
setbacks shall be not less than 35 feet from a street right-of-way.
' 2. There shall be not more than one billboard structure
permitted per lot, site, or combination thereof.
1

9-92 ZONING REGULATIONS § 92.37
(c) Billboards, off premise sign. On all North Carolina and United States
secondary and primary highways, no two billboards shall be spaced less than 1,000 feet apart. No
billboards shall be located adjacent to or within 500 feet of an interchange or an intersection at -grade.
The 500 feet shall be measured along the highway from the beginning or ending of pavement
widening at the exit from, or entrance to the main traveled way. The minimum distance between
billboards shall apply only to structures located on the same side of the highway.
(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.
(b) Window signs.
' 1. Service 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. No more than ten square feet of the
total window area shall be used for self -illuminated promotional signs and messages.
(c) Permitted maximum number.
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, 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) Nongovemment signs which resemble or approximate the shape, size, form,
content, color, or operation of traffic or railroad signs, signals, or devices.
1

§ 92.38 ZONING REGULATIONS 9-93
1
(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 Rl, R2, RM,
MFI, 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.
t(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 04, C1, C2,
and IL 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.

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9-94 ZONING REGULATIONS § 92.39
(4) Maintenance. Every sign and sigh 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 sixty (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 from 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
' 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
' & 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 comer 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;

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9-95
ZONING REGULATIONS
§ 92.40
(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 §92.99
& 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
§92.06.
(2) County approval of all individual septic tank and field absorption sewerage
disposal systems.
(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:

' § 92.41
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(1)
(2)
mobile home.
Penalty, see §92.99
ZONING REGULATIONS 9-96
An on -site paved parking area shall be provided for each dwelling.
Skirting shall be compatible with exterior design and siding materials of the
' 692.41 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 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 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:
' (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 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.
11

I
' 9-97 ZONING REGULATIONS § 92.41
' (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 Mylar 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 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:
t(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.
(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.

' § 92.41 ZONING REGULATIONS 9-98
' (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 home 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 submitted with the mobile home park plan indicating that the
mobile home park has adequate land area and suitable topography to accommodate the proposed
methods of water supply and sewage disposal.
' (C) What the final detailed site plan shall show. The final plan shall be drawn in black ink
on linen or Mylar in sheets either 15 x 18 inches or 20 x 24 inches in size, to a scale of not less than
' one inch equals 40 feet. It shall contain the following:
(1) A site plan of the proposed mobile home park.
(2) The name of the mobile home park, the names and addresses of the owner
and the designer of the park.
(3) Date, approximate north arrow, and scale.

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' 9-99
' drawn to scale. (4)
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ZONING REGULATIONS
§ 92.41
The boundary line of the tract with accurate linear and angular dimensions
(5) The names, proposed locations; and dimensions proposed streets, alleys,
driveways, entrances, exits, walkway easements, recreation areas, parks, and other open spaces,
reservations, mobile home spaces, parking spaces, buildings, signs, mobile home stands, patios,
electrical plan, planting strip, (Section 8.4), and building lines within the park. The information
should be drawn accurately with detailed computations and field work completed.
(6) A detailed drawing to a scale of not less than one inch equals five feet of a
typical mobile home space showing the location of the mobile home stand, all utilities, and the mobile
home utility connections, the patio, concrete footing, walks, parking spaces, driveways, and all other
improvements.
(D) Specifications for mobile home parks.
(1) Every mobile home park shall be located on a tract of land not less than three
(3) acres in size and shall contain at least ten (10) mobile home spaces as defined in this chapter.
(2) Every mobile home space shall. consist of a minimum of 3,600 square feet.
Further, each mobile home space shall be clearly defined or delineated, and shall have a minimum
width of 40 feet.
(3) No more than one mobile home may be parked on any mobile home space.
(4) The supports of all mobile homes parked within an authorized park shall rest
on adequate concrete footing. Each mobile home space shall be provided with a patio of at least 160
square feet constructed of concrete, brick, flagstone, or other such hard -surfaced material. Such patio
shall abut off-street parking space required by this chapter for each mobile home space, or in lieu of
this abutment, a paved walkway at least two feet wide leading from the road or off-street parking
space to the patio shall be provided. Each patio and walkway shall be graded and properly drained to
prevent ponding.
(5) No mobile home stand shall be located less than 30 feet from a public street
right-of-way. No mobile home stand shall be located less than 20 feet from a private drive or an
exterior park boundary or less than 20 feet from another mobile home stand, a mobile home addition,
or any other structure.
(6) Off-street parking space sufficient to accommodate at least two automobiles
shall be constructed within each mobile home space. Such off-street space shall provide a minimum
area of ten feet by 20 feet for each automobile, and shall be paved or covered with crushed stone or
other suitable material.

I
' § 92.41 ZONING REGULATIONS 9-100
' (7) The mobile home park be located on ground so as not to be susceptible to
flooding and graded so as to prevent any water from ponding or accumulating on the premises. Where
' storm drainway pipes are located in adjacent streets, 'underground drainage facilities with connections
to the storm drainage system shall be provided for the mobile home park.
(8) Each mobile home stand and the mobile home space shall be graded to
' provide adequate storm drainage away from the mobile home and such that there will exist no more
than two feet difference between the chassis of the mobile home and the finished grade of the mobile
home stand along the entire perimeter of the mobile home proper.
' (9) The mobile home park shall have driveways, with an unobstructed
right-of-way of at least 30 feet that directly abut all mobile home spaces. All such driveways shall be
' paved and lighted at night; minimum width of pavement shall be 18 feet. No on -street parking shall
be permitted on such driveways; however, wider streets may be provided and on -street parking
permitted when a minimum of a 50 foot right-of-way and a minimum of 34 feet width of pavement is
' provided.
(10) No mobile home space shall be more than 500 feet measured along connecting
driveway centerlines from a public street.
(11) All mobile home park driveways shall connect with a public street or another
driveway with a 30 foot (minimum) right-of-way and 18 feet pavement (minimum).
' (12) No mobile home space shall have direct vehicular access to a state or federal
primary street.
(13) Area to provide proper drainage ditches and a three to one (3:1) back slope
shall be provided along all public streets or private driveways constructed with 18 feet or more of
' paving width.
(14) Closed ends of dead-end streets shall be provided with an adequately paved
vehicular turning circle of at least 50 feet in diameter.
(15) Each mobile home stand shall have adequate access, for both the mobile
home and autos, with a minimum width of 20 feet unless more is deemed necessary because of
ttopographical conditions or street curvature.
(16) When the mobile home park has more than one direct access to a public
' street, they shall not be less than 300 feet apart or less than 300 feet from a public street intersection
unless topographical or site conditions demand otherwise.
1

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9-101 ZONING REGULATIONS § 92.50
(17) Signs for identification of mobile home parks: one or not more than two signs
with a total area of not more than 1/2 square foot for each mobile home space and in no case larger
than 50 square feet located on private property but no closer than five feet to any property line. Only
' indirect nonflashing lighting may be used for illumination, and the sign must be constructed in such a
manner as to prevent a direct view of the light source from any public street right-of-way.
' (E) All mobile home parks shall comply with the State Building Code and related codes
adopted by the town (particularly the mobile homes and modular dwelling unit section of the State
Building Code).
' (F) All mobile homes within the town shall be connected to municipal water and sewer
systems.
' (G) All mobile parks shall provide adequate and suitable recreational areas and facilities to
serve the needs of the residents of the park. Specifically, at least 200 square feet for each mobile
' home in the park shall be provided in one or more locations.
Penalty, see §92.99
' CRITERIA FOR DISCRETIONARY PERMITS
& 92.50 GENERAL PROVISIONS.
' (A) All applications for conditional and special uses, variances, temporary permits and
non -conforming uses shall be evaluated under the specific criteria listed within this chapter. Unless
' otherwise specified in the district, all such applications shall be subject to the procedures under
§92.60 through §92.64.
' (B) Findings justifying a decision regarding a discretionary permit shall be made in
writing, and shall be provided to the applicant.
(C) The granting of a discretionary permit may be subject to such conditions as are
' reasonably necessary to protect the public health, safety, or general welfare from potentially
deleterious effects resultant from approval of the permit, or to fulfill the public need for public service
demands created by approval of the request.

I ,
' § 92.51 ZONING REGULATIONS 9-102
' 692.51 CONDITIONAL USE.
The Board of Adjustment may allow a conditional use, after a hearing conducted pursuant to
' §92.60 through §92.64 providing that the applicant provides evidence substantiating that all the
requirements of this chapter relative to the proposed use are satisfied, and demonstrates that the
proposed use also satisfies the following criteria:
' (A) The use is listed as a conditional use in the underlying district.
' (B) The characteristics of the site are suitable for the proposed use considering size,
shape, location, topography, existence of improvements, and natural features.
' (C) The site and proposed development is timely, considering the adequacy of
transportation systems, public facilities, and services existing or planned for the area affected by the
use.
' (D) The proposed use will not alter the character of the surrounding area in a manner
which substantially limits, impairs, or precludes the use of surrounding properties for the primary
uses listed in the underlying district.
' (E) The proposal satisfies the goals and policies of the Land Use Plan, which apply to the
proposed use.
' 6 92.52 VARIANCES
' (A) To authorize on appeal in specific cases such variances from the terms of this chapter
as will not be contrary to the public interest where, owing to special conditions, a literal enforcement
of the provisions of this chapter would result in unnecessary hardship. In granting any variance, the
' Town Board may prescribe appropriate conditions and safeguards in conformity with this chapter. A
variance from the terms of this chapter shall not be granted by the Town Board unless and until the
following findings are made:
' (1) That special conditions and circumstances exist which are peculiar to the
land, structure, or building involved and which are not applicable to other lands, structures, or
buildings in the same district;
' (2) That literal interpretation of the provisions of this chapter would deprive the
applicant of rights commonly enjoyed by other properties in the same district under the terms of this
' chapter,
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' 9-103
of the applicant;
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ZONING REGULATIONS
§ 92.53
That the special conditions and circumstances do not result from the actions
(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.
692.53 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 permitted by the regulations imposed by this chapter, the use may
be continued so long as it remains otherwise lawful, provided:

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§ 92.53 ZONING REGULATIONS 9-104
(1) No such nonconforming use shall be enlarged or increased, nor extended to
occupy a greater area of land than was occupied at the effective date of adoption or amendment of this
chapter;
(2) No such nonconforming use shall be moved in whole or in part to any portion
of the lot or parcel other than that occupied by such use at the effective date of adoption or
amendment of this chapter;
(3) If any such nonconforming use of land ceases for reason for a period of more
than one year any subsequent use of such land shall conform to the regulations specified by this
chapter for the district in which such land is located.
(4) Any nonconforming use of land may be changed to a conforming use, or with
the approval of the Board of Adjustment to any use more in character with the uses permitted in the
district.
' (C) Nonconforming structures. Where a lawful structure exists at the effective date of
adoption or amendment of this chapter that could not be built under the terms of this chapter by
reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements
' concerning the structure, such structure may be continued so long as it remains otherwise lawful,
subject to the following provisions:
(1) No such nonconforming structure may be enlarged or altered in a way which
increases its nonconformity, but any structure or portion thereof may be altered to decrease its
nonconformity.
' (2) Should any nonconforming structure or nonconforming portion of structure
be destroyed by any means to an extent of more than 75% of its replacement cost at time of
' destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(3) Should such structure be moved for any reason for any distance whatever, it
shall thereafter conform to the regulations for the district in which it is located after it is moved.
(4) Normal maintenance and repair of a structure occupied by a nonconforming
use is permitted provided it does not extend the nonconforming use.
! (D) Alterations and changes.
t (1) Alterations required by law. The Town Board shall permit the alteration of
any nonconforming use when necessary to comply with any lawful requirement for alteration of the
use or structure, subject to all other laws, ordinances, and regulations.
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' 9-105 ZONING REGULATIONS § 92.53
' (2) Maintenance. Normal maintenance of a nonconforming use is permitted
provided there are not major structural alterations as determined by the Town Board.
' (3) Alterations and changes. Alterations or a change of the use or structure may
be permitted to reasonably continue the use subject to the Town Board's review and approval under
provision of S§92.60 through 92.64 and the following conditions:
1 (a) The change in the structure or physical improvements will have no
greater adverse impact on the neighborhood than the existing structure and improvements; and
(b) The change in use, if applicable, will have no greater adverse impact
on the neighborhood than the existing use.
' (E) Nonconforming signs. Where a lawful sign exists at the effective date of adoption or
amendment of this chapter that could not be erected under the terms of this chapter by reason of type,
' design, lighting, placement, or size, such sign may be continued to be utilized as long as it remains
otherwise lawful, subject to the following provisions:
' (1) No such nonconforming sign may be enlarged or altered in a way which
increases its nonconformity, but any sign or portion thereof may be altered to decrease its
nonconformity.
' (2) No nonconforming sign destroyed to an extent of more than 50% of its
replacement cost at time of destruction may be re -erected or replaced except in conformity with the
provisions of this chapter.
' (3) Should a nonconforming sign be removed or moved any distance it shall not
be re -erected or replaced except in conformity with the provisions of this chapter.
' (4) Should the use conducted on the premises which a nonconforming sign is
intended to advertise or locate cease for a period of greater than 30 days, or should the ownership of
such use or sign be transferred, then the sign shall lose its status as a legal nonconforming sign, and
shall become subject to the requirements of S§92.70 through 92.72, and if found to be noncompliant
shall be considered a violation of this chapter.
' (5) Normal maintenance and repair of a nonconforming sign is permitted
provided it does not extend or enlarge the nonconformity of the sign.
Penalty, see §92.99.
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' § 92.60 ZONING REGULATIONS 9-106
ADMINISTRATIVE AUTHORITY AND PROCESS
S 92.60 ZONING ENFORCEMENT OFFICER.
The Town Board of Commissioners herewith appoints the County Building Inspector as the
Zoning Enforcement Officer to administer and enforce this chapter. If the Zoning Enforcement
' Officer shall find that any of the provisions of this chapter are being violated, he shall notify in
writing the persons responsible for such violations, indicating the nature of the violation and ordering
the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or
t structures; removal of illegal buildings or structures or of additions, alterations, or structural changes
thereto; discontinuance of any illegal work being done or shall take any other action authorized by
this chapter to insure compliance with or to prevent violation of its provisions.,
' 492.61 BUILDING PERMIT.
' No building shall be erected, added to, or structurally altered until a permit to do so has been
issued by the County Building Inspector. No building permit shall be issued except in conformity
with the provisions of this chapter except after written order from the Board of Adjustment.
' (A) Plans.
(1) Each application for a building permit shall be accompanied by complete
' plans (drawn to scale) in duplicate signed by the applicant with his address, showing the actual shape
and dimensions of the lot to be built on, the exact sizes and locations on the lot of the buildings and
accessory buildings then existing, and the lines within which the proposed building shall be erected or
' altered, the number of families or housekeeping units the building is designed to accommodate, and
such other information with regard to the lot and neighboring lots as may be necessary to determine
and provide for enforcement of this chapter.
' (2) One copy of the plans shall be returned to the applicant by the Building
Inspector, after he shall have marked such copy either as approved or disapproved and attested to
' same by his signature on such copy. The record copy of the plans, similarly marked, shall be retained
by the Building Inspector.
(B) Effect on outstanding building permits. Nothing herein contained shall require any
' change in the plan, construction, size, or designated use of any building, structure, or part thereof for
which a building permit has been granted by the Building Inspector prior to the time of passage of
this chapter; provided, however, that where construction is not begun under such outstanding permit
' within a period of 60 days subsequent to the passage of this chapter or where it has not been
prosecuted to completion within 18 months subsequent to passage of this chapter, any further
construction or use shall be in conformity with the provisions of this chapter.
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9-107 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
492.62 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 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 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 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 Adjustment 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.
(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.
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§ 92.63 ZONING REGULATIONS 9-108
(2) The Board of Adjustment shall keep minutes of its proceedings showing the
vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall
keep records 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 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 on
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
forty-five (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.
1

' 9-109 ZONING REGULATIONS § 92.72
' 692.64 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 or proceeding to prevent the occupancy of such
building, structure, or land.
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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.
692.71 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 fifteen (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.
692.72 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 week for two successive
calendar weeks in a newspaper having a general circulation in the area. The notice shall be published
the first time not less than ten days nor more than twenty-five (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.

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§ 92.99 ZONING REGULATIONS 9-110
(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 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. §160A-386). Such amendment shall not become effective except by favorable
vote of three -fourths of all the members of the Town Board.
PENALTY
& 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. §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.

' APPENDIX
CERTIFICATION THAT A STATUTORY ZONING VESTED RIGHT IS BEING
SOUGHT PURSUANT TO G.S.160A-385.1
As applicant for a (identify land use approval or permit that is being sought), I hereby certify that I
am also seeking to acquire a vested right pursuant to G.S. 160A-385.1 and Chapter _ of the
' City/Town Code.
If the City/Town Code provides that the approval authority for the type of land use approval or permit
' for which I am applying is a board, committee or administrative official other than the (governing
board) or board of adjustment, I understand and agree that my application will be considered and
acted on by the (governing board), following notice and a public hearing.
' Date Applicant

Town of Winton
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.4.
Property Lines
Winton Town Limits
Winton Extraterritorial Jurisdiction
Cofield Town Limits
Chowan River
Zoning
Districts
Residential Single -Family (R -15)
Residential Single -Family (R-9)
Residential Mobile Home Park (R-5MH)
Residential Multi -Family (R-3MF)
Office and Institutional (0&1)
Business General (B-1)
Business Highway (B-2)
Industrial Light (I-L)
Industrial Heavy (1-H)
0.3 0 0.3 0.6 Miles
I � 006��� M I
a
I
*qo.�
The preparation of this map was financed in part through a grant provided by the North
Carolina Coastal Management Program, through funds provided by the Coastal Zone
Management Act of 1972, as amended, which is administered by the Office of Ocean and
Coastal Resource Management, National Oceanic and Atmospheric Administration.
This map represents a compilation of information from multiple sources, and at different
scales, which may result in inconsistencies among the features represented on this map.
The Mid -East Commission assumes no responsibility for the accuracy of the source information.
Prepared by:
Mid -East Commission
PO Box 1787
Washington, NC 27889
Bob Paciocco, Executive Director
Joe Dooley, Planning Director
Berry Gray, Land Use Planner
October 26, 1999
Revised January 14, 2000
Revised February 29, 2000
RPvi_e,P IHIV gn n
REVISIONS
Amendment Type of Change Ordinance Number Initials/Date
Date (If Available)