This chapter shall be known as the zoning ordinance of the Town of Ahoskie, North Carolina, and may be cited as the zoning ordinance.

The zoning regulations and districts set forth in this chapter shall be to accomplish compatible development of the land within the town's planning and development regulation jurisdiction in a manner which will best promote the health, safety, and the general welfare of the people, as well as to provide for efficiency and economy in the process of development; to make adequate provisions for traffic; to secure safety from fire, panic, and other hazards; to provide for light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to promote desirable living conditions and the sustained stability of neighborhoods; to protect property against blight and depreciation and for other purposes in accordance with the Town of Ahoskie Comprehensive Plan for the town's planning and development regulation jurisdiction.

These regulations and districts have been developed with reasonable consideration as to the character of the district and its peculiar uses, and to encourage the most appropriate use of land throughout the community. The provisions of this ordinance are adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. ch. 160D.

(Ord. of 6-8-2021(2))

A.

This chapter shall be effective throughout the town's planning and development regulation jurisdiction. The town's planning and development regulation jurisdiction comprises the area within the corporate boundaries of the town as well as the area described in that ordinance adopted by the town council on August 8, 1972, entitled "Ordinance Establishing Extraterritorial Jurisdiction," as amended.

B.

All territory which may hereafter be added to the planning and development regulation jurisdiction of the Town of Ahoskie shall, after the proper hearings, be placed in the R-20 residential district until otherwise classified by the town council.

C.

Per G.S. 160D-903, property that is located in the town's planning and development regulation jurisdiction and that is used for bona fide farm purposes is exempt from the town's zoning regulation to the same extent bona fide farming activities are exempt from county zoning pursuant to this section. As used in this subsection, "property" means a single tract of property or an identifiable portion of a single tract. Property that ceases to be used for bona fide farm purposes becomes subject to exercise of the city's extraterritorial planning and development regulation jurisdiction under this ordinance. For purposes of complying with state or federal law, property that is exempt from municipal zoning pursuant to this subsection is subject to the county's floodplain regulation or all floodplain regulation provisions of the county's unified development ordinance.

(Ord. of 6-8-2021(2))

In interpreting and applying the regulations set out in this chapter, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of this chapter.

Except as provided herein, these regulations shall not be deemed to interfere with, abrogate, annul or otherwise affect in any manner whatsoever any casements, covenants, deed restrictions or other agreements between parties. Wherever the provisions of these regulations impose greater restrictions upon the use of land or buildings or require a larger percentage of lot to be left unoccupied than other provisions of this Code or other ordinances, rules, regulations, permits, or any easements, covenants, deed restrictions, or other agreements between parties, the provisions of these regulations shall govern.

No land, building, or structure shall be used, no building or structure shall be erected, and no existing building or structure shall be moved, added to, enlarged, or altered, except in conformity with these regulations. However, the application of these regulations in the extraterritorial area shall not affect bona fide farms, but any use of such property for nonfarm purposes shall be subject to such regulations.

Sec. 104.1. Nonconformities. Within the districts established by this chapter there may exist structures and uses of land and structures which were lawful before this chapter was enacted but which would be prohibited, regulated, or restricted under the terms of this chapter. It is the intent of this chapter to permit these nonconformities to continue; but they shall be in no case expanded except that a nonconforming use may be granted a variance upon application to the board of adjustment.

Sec. 104.2. 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 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.

Sec. 104.3. Reduction or change in lot size. No lot shall be reduced or changed in size so that the total area; minimum frontage; front, side or rear setbacks; lot area per dwelling unit; or other dimensions, areas or open spaces required by these regulations are not maintained. No lot shall be reduced in size so as to produce an additional lot which is not in conformity with these regulations, unless such lot is combined with other land to produce a conforming lot or unless said lot is deeded, dedicated, and accepted for public use.

Sec. 104.4. Compliance with state guidelines for areas of environmental concern (AEC). Prior to the issuance of any initial zoning permit, zoning change permit, or special use permit, the zoning administrator and local AEC permit officer in consultation with the state AEC field consultant, shall determine whether the proposed use or structure is located within an area of environmental concern. If the proposed use or structure is located in an area of environmental concern, the zoning administrator and local AEC permit officer shall certify that the proposed use or structure complies with development standards of the "State Guidelines for Areas of Environmental Concern" prior to issuing any zoning permit.

(Ord. of 6-8-2021(2))

Sec. 105.1. Conventional and overlay zoning districts named. For the purpose of this ordinance, the Town of Ahoskie and its planning and development regulation jurisdiction are hereby divided into the following districts with the designations and purposes as listed below:

Sec. 105.2. District boundaries shown on official zoning map. The boundaries of the districts are shown on the map made a part of this ordinance entitled Official Zoning Map, Town of Ahoskie, North Carolina. The zoning map and all the notations, references, amendments thereto, and other information shown thereon are hereby made a part of this ordinance and the same as if such information set forth on the map were all fully described and set out herein. The zoning map properly attested is posted at the Ahoskie town hall and is available for inspection by the public.

Sec. 105.3. Zoning map changes. If, in accordance with section 700 of this chapter, changes are made in the zoning district boundaries or other matter shown on the map, such changes shall be made together with an entry denoting the date of revision and the ordinance number of the rezoning action.

The entry shall be initialed by the mayor and attested by the town clerk. No amendment to this ordinance which involves a matter portrayed on the map shall become effective until after such change and entry has been made on said map. The town council shall give official notice of the zoning change to the zoning administrator within 24 hours after passage of said change.

Sec. 105.4. Replacement of official zoning map. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret, the town council may, by ordinance, adopt a new official zoning map which shall be the same in every detail as the map it supersedes. The new map shall bear the signatures of the mayor and town clerk and shall bear the seal of the town under the following words:

"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map replaced)—together with the date of adoption of the new map."

Sec. 105.5. Responsibility for maintenance of the official zoning map. The zoning administrator shall be responsible for the maintenance of and revision of the official zoning map. Upon notification by the town council that a zoning change has been made, the zoning administrator shall make the necessary changes on the official zoning map within 24 hours following notification. The official zoning map shall be maintained for public inspection in the office of the town clerk. The maps may be in paper or a digital format approved by the Town of Ahoskie.

Sec. 105.6. Rules for interpretation of zoning district boundaries. Where uncertainty exists with respect to the boundaries of any of the districts as shown on the Official Zoning Map of Ahoskie, North Carolina, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, alleys, or railroads shall be construed to follow such centerlines;

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

(3)

Boundaries indicated as approximately following town limits shall be construed as following such town limits;

(4)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, creeks, canals, lakes, or other bodies of water shall be construed to follow such centerlines;

(5)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

(6)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1) through (5) above, the board of adjustment shall interpret the district boundaries;

(7)

If a district boundary divides a lot, the requirements for the district in which the greater portion of the lot lies shall be extended to the balance of the lot provided that such extension shall not include any part of such lot which lies more than 100 feet beyond the district boundary; and further, that the remaining parcel shall not be less than the minimum required for the district in which it is located.

Sec. 105.7 Other maps and regulatory language. As necessary to accomplish the purpose of this chapter, are hereby incorporated by reference. This includes, but is not limited to, maps of floodplains, soils, watersheds, water supply protection areas, and United States Geological Survey (USGS) Maps depicting streams or other watercourses.

(Ord. of 6-8-2021(2))