(A)   Official map. The city planning and zoning jurisdiction is hereby divided into zones, or districts, as established in §§ 154.02 through 154.06. The official zoning map is part of this chapter and is the most recent copy of the electronic zoning map, as produced and maintained by the Planning and Inspections Department, and as on file in the office of the City Clerk.

   (B)   Map changes. If changes are made in district boundaries or other matters portrayed on the official zoning map, the changes shall be entered on the official zoning map. Amendments to the official zoning map shall be made utilizing the same procedures that apply to text amendments, as set forth in Chapter 160. Specific public hearing notice requirements are, however, delineated in § 160.05 for zoning map amendments.

   (C)   Unauthorized changes. No changes in zoning district boundaries shall be made on the official zoning map, except in conformance with the procedures set forth in the UDO. Any unauthorized change shall be considered a violation of the UDO.

   (D)   Map location. Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the City Planning and Inspections Department, shall be the final authority as to the current zoning of property within the city’s planning and zoning jurisdiction.

   (E)   Map damage and replacement. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Board of Commissioners may by resolution adopt a replacement official zoning map, which shall supersede the prior official zoning map. Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant remaining parts thereof shall be preserved, together with all available records pertaining to its adoption or amendment.

   (F)   Replacement of official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The replacement official zoning map shall be identified by the signature of the Mayor be attested by the City Clerk, and bear the seal of the city.

   (G)   Interpretation of zoning district boundaries. Guidelines regarding the interpretation of zoning district boundaries are provided in Chapter 159. The Board of Adjustment, in accordance with the provisions of Chapter 159, is authorized to make interpretations regarding the zoning map and to pass upon disputed questions of zoning district boundaries.

(Ord. passed 7-25-2011)

   (A)   In order to achieve the purposes of the UDO as set forth, all property within the jurisdiction of the city and its extraterritorial jurisdictional area is divided into general use zoning districts with the designations and purposes listed in this section or conditional zoning districts with the designations and purposes listed in § 154.03.

   (B)   The minimum lot size specified for each residential zoning district in this section is the general requirement. The definitions for the housing types discussed in this section are provided in Table 154-1.

   (C)   The specific minimum lot sizes, dimensional requirements and permitted uses for each zoning district are provided in Chapter 155. In addition, Chapter 157 provides design and performance standards for specific uses.

   (D)   Additional density, intensity and use requirements for properties located within the AICUZ and Flood Hazard Overlay Districts are provided in § 154.04.

   (E)   Table 154-2 demonstrates the compatibility/ consistency between zoning districts and land use categories from the city’s Comprehensive Land Use Plan.

(Ord. passed 7-25-2011)

   (A)   Residential districts established. The housing types described in this section are defined in Table 154-1.

      (1)   R-A Residential Agriculture District. The R-A Residential District designates a district in which the principal use of land is for active agricultural use or rural residential purposes, characterized by single-family detached homes on very large parcels in a rural or agricultural setting. The overall gross density ranges from 0.10 units per acre (ten-acre minimum lot size) for Agricultural areas to 0.20 units per acre (five-acre minimum lot size) for Rural Residential areas, as shown on the City Comprehensive Land Use Plan Future Land Use Map. 

      (2)   R-20A Single-Family Residential District. The R-20A Residential District designates properties used principally for low-density residential purposes, characterized by single-family detached homes on relatively large lots. The overall gross density is 2.2 units per acre or less (20,000 square feet minimum lot area). Residential development in this district generally will not have access to the city water and sewer facilities.

      (3)   R-20 Single-Family Residential District. The R-20 Residential District designates properties used principally for low-density residential purposes, characterized by single-family detached homes on relatively large lots. The overall gross density is 2.2 units per acre or less (20,000 square feet minimum lot area).

      (4)   R-13 Medium Density Residential District. The R-13 District designates properties used principally for medium density residential purposes, characterized by single-family detached homes. The overall gross density is typically 3.2 units per acre or less (13,500 square feet minimum lot area).

      (5)   R-12 Medium Density Residential District. The R-12 District designates properties used principally for medium density residential purposes, characterized by single-family detached homes. The overall gross density is typically 3.6 units per acre or less (12,000 square feet minimum lot area).

 

 

      (6)   R-10 Medium Density Residential District. The R-10 District designates properties used principally for medium density residential purposes, characterized by single-family detached homes. The overall gross density is typically 4.3 units per acre or less (10,000 square feet minimum lot area).

      (7)   R-7 Medium Density Residential District. The R-7 District designates properties used principally for medium density residential purposes, characterized by single-family detached homes. The overall gross density is typically 6.2 units per acre or less (7,000 square feet minimum lot area).

      (8)   R-M Multi-Family Residential District. The R-M District is established as a district in which the principal use of land is for high-density residential purposes, characterized by single-family detached homes, zero lot line detached homes, semi-attached homes, multiplex attached homes, townhouse attached homes, condominiums, multi-family attached homes and upper-story attached homes. Residential densities range from six to 12.5 dwelling units per acre.

      (9)   R-MH Manufactured Home Residential District.

         (a)   The R-MH District is established as a district in which the principal use of land is for manufactured homes.

         (b)   This district is intended for the location of manufactured homes on land under common ownership (e.g., manufactured home parks) or for the creation of individual lots, each for the placement of a manufactured home, within a planned manufactured home community.

         (c)   The overall gross density is typically 8.7 units per acre or less (5,000 square feet minimum lot area).

         (d)   In addition to all other requirements of the code applicable to manufactured housing, all manufactured homes located in the R-MH District shall be subject to the regulations and standards pursuant to Chapter 155.

   (B)   Business districts.

      (1)   N-B Neighborhood Business.

         (a)   The N-B District is established as a mixed-use district where compact development, comprised of commercial retail, service, office and residential uses are integrated vertically and horizontally with adjacent residential uses, businesses and neighborhoods.

         (b)   The overall gross residential density ranges from three to ten units per acre for neighborhood mixed use areas to four to 15 units per acre for city center mixed use areas, as shown on the City Comprehensive Land Use Plan Future Land Use Map.

         (c)   The regulations of this district are indented to assure compatibility and interconnection with neighboring uses.

         (d)   Developments within the NB District are recommended to follow the Conditional Zoning District process (see § 160.12) to demonstrate consistency with the Comprehensive Land Use Plan’s City Center and Neighborhood Mixed Use land use categories, especially in terms of types of uses, building heights, floor area ratios and integration with and protection of surrounding uses.

      (2)   H-C Highway Commercial.

         (a)   The H-C District is established to allow commercial development for retailing of goods and services, and providing offices and personal services on major highways and other thoroughfares in 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 a pleasing appearance, ample parking, controlled traffic movement and suitable landscaping.

         (b)   For those uses that may require use of property outside of the principal buildings, special use provisions are generally required in order to maintain and promote a healthful environment for the business community.

         (c)   Further, open storage and accessory buildings may be specifically limited in scope.

      (3)   O&I Office and Institutional.

         (a)   The O&I District is established as a transition district in which the principal use of land is for services, offices and institutional types such as medical facilities, clinics, churches and other compatible uses within a transitional area.

         (b)   Because these uses are subject to the public view, which is a matter of important concern to the whole community, they should provide a pleasing appearance, ample parking, controlled low volume traffic movement and suitable landscaping. Open storage is prohibited.

   (C)   Industrial districts.

      (1)   L-I Light Industrial.

         (a)   The L-I District is established as a district in which the principal use of land is intended for warehousing, shipping facilities, light manufacturing, assembly operations and wholesaling activities which have little or no adverse impact upon adjoining residential, business and industrial properties.

         (b)   The L-I District is intended to provide appropriate locations for light industrial uses

in areas that would otherwise be adversely impacted by general or heavy industrial uses.

         (c)   Other land uses allowed within the L-I District should be limited to those uses that support light industrial uses. Generally, retail, service and heavy commercial uses should be avoided in the L-I District.

      (2)   H-I Heavy Industrial District.

         (a)   The H-I District is established as a district in which the principal use of land is intended for enterprises engaged in a wide range of fabricating, manufacturing, processing, creating, repairing, renovating, painting, cleaning or assembly of goods, merchandise or equipment and related support retail and service uses which may not be compatible with certain light industrial uses or surrounding residential or business uses.

         (b)   This district is intended to allow a higher density of manufacturing and warehousing operations, and which may create less desirable appearance and more environmental pollution than uses in the L-I District.

         (c)   These uses by their nature are more intense, may create nuisances and should be placed in outlying locations on large tracts of land where the operations involved do not detract from the development potential of nearby property, or alternatively, within the AICUZ Overlay District where the uses would not adversely affect neighboring uses or be affected by the potential noise and safety impacts of Cherry Point operations.

 

   (D)   Other districts.

      (1)   M-R Military Reservation. The M-R District is intended to accommodate the military installations under the authority of the planning and zoning jurisdiction of the city. The purpose of the MR zone is to meet the purpose and intent of G.S. § 160D-702 by providing zoning coverage to the entire corporate area while providing adequate zoning protection for properties that are presently held by the military, but might be declared surplus or otherwise privatized in the future. The M-R District will permit by right traditional military uses and functions/uses supportive of the military mission.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   This section sets forth regulations for nontraditional residential lot development requiring rezoning to a Conditional Zoning District (CD). All nontraditional residential lot developments shall be established either as initial conditional zoning districts at the time of annexation, or through a rezoning pursuant to the procedures and criteria for rezoning (CD) set forth in §§ 160.12 and 160.13.

   (A)   General intent/purpose.

      (1)   Nontraditional residential lot development is intended to allow flexibility in development and encourage the use of innovative design and layout that would not otherwise be permitted under the UDO because of the strict application of the zoning district or general development standards. Nontraditional residential lot development encourages innovative land planning and design concepts by:

         (a)   Reducing or eliminating the inflexibility that sometimes results from strict application of zoning and development standards that were designed primarily for individual lots;

         (b)   Allowing greater freedom in selecting the means to provide access, light, open space and design amenities;

         (c)   Allowing greater freedom in providing a mix of land uses in the same development, including a mix of housing types, housing prices, lot sizes, densities and nonresidential uses;

         (d)   Promoting quality urban design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations and land uses; and

         (e)   Encouraging quality urban design and environmentally sensitive development by allowing increases in base densities when the increases can be justified by superior design or the provision of additional amenities such as public and/or private open space.

      (2)   In return for greater flexibility in site design requirements, nontraditional residential lot developments are expected to: deliver exceptional quality community designs that preserve critical environmental resources; provide above-average open space amenities; incorporate creative design in the layout of buildings, open space and circulation; coordinate and unify design elements of the project, including building materials, signage and architectural compatibility; assure compatibility with surrounding land uses and neighborhood character; and, provide greater efficiency in the layout and provision of roads, utilities and other infrastructure. The Conditional Zoning District process shall not be used as a means of circumventing the city’s adopted zoning and development regulations for routine developments.

   (B)   Nontraditional residential lot development defined.

      (1)   Nontraditional residential lot development is an area of land under unified control, to be developed as a single entity for a number and variety of dwelling units, according to a Master Plan which is approved at the time of rezoning. Lands rezoned to a Conditional Zoning District for nontraditional residential lot development may incorporate up to 15% of the total project area to limited convenience commercial buildings or services to serve the residences of the project. Lands rezoned to a Conditional Zoning District for nontraditional residential lot development shall meet the use and development requirements of division (D) below.

      (2)   Nontraditional residential lot developments such as mixed use (upper story attached dwellings) requested within traditional commercial zoning districts such as Highway Commercial (HC), and Office and Institutional (O&I) shall incorporate a minimum of 15% of the total project area to commercial buildings or services. The development of neighborhood, community or regional commercial centers shall be in scale with surrounding market areas at locations recommended in the City Comprehensive Land Use Plan. The development is intended to permit the establishment of the projects only where planned centers with carefully organized buildings, service areas, parking areas and landscaped open spaces will clearly serve demonstrated public need, reduce marginal traffic friction below that which would result from strip commercial development along highways, and protect property values in surrounding neighborhoods. Lands rezoned for these developments to a Conditional Zoning District shall meet the size requirements of division (E) below.

   (C)   Nontraditional residential lot development; general use and development standards.

      (1)   Uses allowed. A nontraditional residential lot development may contain any or all of the uses specified in the approved development Master Plan, provided the uses are consistent with the City Comprehensive Land Use Plan. A wide range of uses is possible in a nontraditional residential lot development, and the specific uses allowed may be different in each development approved through the Conditional Zoning District (CD) process. All uses that are set out in an approved Master Plan shall be treated as permitted uses within the development, except that uses which are prohibited in § 154.03(D) of this chapter shall not be permitted within the development.

      (2)   Certain mixed uses allowed.

         (a)   Mixed use developments are encouraged and allowed in Nontraditional Residential Lot Developments through the Conditional Zoning District process only as specified in this chapter. Mixed use development may occur by having retail or commercial uses located in the same building (e.g., retail or office space on ground floor, and residential above) or by having nonresidential uses located in different buildings sited on the same lot or parcel (e.g., office building located on the same parcel as a freestanding residential structure).

         (b)   Mixed use developments shall be designed, located and oriented on the site so that nonresidential uses are directly accessible to residents of the development. For the purposes of this section, DIRECTLY ACCESSIBLE shall mean pedestrian and vehicular access by way of improved sidewalks or paths and streets that do not involve leaving the development or using a major thoroughfare. DIRECTLY ACCESSIBLE does not necessarily mean that nonresidential uses need to be located in a particular location, but that the siting of the uses considers the accessibility of the residential component of the development to the nonresidential use.

      (3)   Applicable standards.

         (a)   Nontraditional residential development approved through a Conditional Zoning District shall be subject to all applicable overlay district regulations in Chapter 154, all applicable use regulations set forth in Chapter 155, all applicable environmental regulations of Chapters 50 through 54 in the city code of ordinances, and Chapter 156, and all applicable general regulations set forth in Chapter 157, unless otherwise waived or modified by the city in the terms of the approved master plan. In case of any conflict between a specific regulation set forth in this § 154.03 and any regulation set forth in Chapters 154 through 157, the regulation in this section shall apply unless otherwise expressly allowed.

         (b)   Notwithstanding division (C)(3)(a) above, in no case shall the Board of Commissioners waive or modify the following standards for a proposed nontraditional residential development:

            1.   All AICUZ Overlay District requirements and standards (§ 154.07), including permitted use restrictions and noise level reduction requirements;

            2.   Ownership requirements for any open space, buffers or streetscapes unless otherwise permitted within the UDO;

            3.   Stormwater control and erosion and sedimentation control requirements of Chapter 156; and

            4.   Setback reduction below the minimum required by division (C)(3)(c) below.

         (c)   Dimensional standards for nontraditional residential developments are provided for in Chapter 155 and shall be stated on the Master Plan and/or the associated site plan. A building setback of less than three feet is permitted only where firewalls are provided in accordance with all applicable Building Code requirements.

      (4)   Emergency access. Any building established as a part of a nontraditional residential development which cannot properly be served by emergency or service vehicles from an abutting street shall be made accessible to the vehicles by a paved driveway having a roadbed width of not less than 20 feet, exclusive of parking spaces.

      (5)   Transportation and circulation system. The development’s Master Plan shall demonstrate a logical, adequate, safe and convenient on-site transportation system that addresses vehicular, bicycle, pedestrian and transit circulation that connects all residential areas with pedestrian destinations on and off-site, such as schools, churches, shopping areas and recreational areas. All elements of the on-site transportation system shall be integrated with all off-site transportation circulation systems, with particular attention to minimizing pedestrian/automobile contact.

      (6)   Off-street parking and loading. The development’s Master Plan shall comply with the off-street parking and loading requirements of Chapter 157, except that variations from these standards may be permitted if a comprehensive parking and loading plan for the development is submitted as part of the Master Plan that is suitable for the development and consistent with the intent and purpose of the off-street parking and loading standards of the UDO.

      (7)   Landscaping. Landscaping shall comply with the standards of Chapter 157, except that variations from these standards may be permitted where it is demonstrated that the proposed landscaping sufficiently buffers uses from each other, ensures compatibility with land uses on surrounding properties, creates attractive streetscapes and parking areas, and is consistent with the urban design objectives and/or character of the area.

      (8)   Utilities.

         (a)   Nontraditional residential lot development projects shall provide for underground installation of utilities, including telephone and power in both public and private rights-of-way, except when conditions not reasonably within the control of the developer make this requirement unpractical.

         (b)   Every residential and nonresidential lot shall be served by a water supply system and a sewage disposal system that: is adequate to accommodate the reasonable needs of the proposed use; and complies with all applicable City and County Health Department regulations, as specified in Chapter 150.

      (9)   Areas to be preserved. In all nontraditional residential lot development projects, efforts shall be made to preserve historic sites, scenic points, large trees and other desirable natural growths, watercourses and other water areas, and other features worthy of preservation, either as portions of public sites and open spaces, or in the other form as to provide amenities to the neighborhood. Trees or other desirable natural growth located in public or private rights-of-way or public or private easements shall not be removed unless the removal is necessary for the installation of utilities or drainage structures or for other purposes in the public interest. The removal may be prohibited if the amenity of adjacent property, or the amenity of the general neighborhood, is adversely affected.

      (10)   Conditions in the Master Plan. In some cases, the ability to implement or strictly follow the approved Master Plan conditions can be problematic (i.e., conditions requiring specimen trees to be preserved, but the trees have subsequently died due to natural causes following the approval). In those cases, the Planning Director shall implement the condition in a way that most closely meets its original intent. These situations include, but are not limited to:

         (a)   Undisturbed buffers/streetscapes required by the Master Plan which may be beyond the city’s ability to implement due to road widening, utility relocation, driveways and/or clear sight distance areas; and

         (b)   Specimen or champion trees required by the Master Plan to be preserved, but which have been removed due to natural consequences or infrastructure relocation. The Director may decide to permit re-vegetation when the conditions exist depending upon the extent of the disturbance, the size and quality of the existing vegetation remaining and the long term viability/benefit of retaining the existing vegetation.

   (D)   Nontraditional residential lot development; use and development standards.

      (1)   Permitted uses.

         (a)   All low, medium and high density residential uses and their accessory uses as listed in Table 155-8, except those listed in division (D)(2) below.

         (b)   Family care homes (as required by G.S. § 160D-907).

         (c)   Temporary uses intended to serve principally the residents of the proposed development.

         (d)   Convenience retail and personal services intended to serve principally the residents of the proposed development.

      (2)   Uses not permitted.

         (a)   Residential:

            1.   Manufactured homes on individual lots, and manufactured home parks; and

            2.   Other group residential uses besides family care homes.

         (b)   Any retail or service use not intended for the convenient use of, or intended to principally serve, the residents of the proposed development;

         (c)   All manufacturing, industrial, wholesale trade uses; and

         (d)   All business repair and construction services, and all resource production and extraction uses, except pet grooming and veterinary clinics.

      (3)   Development standards.

         (a)   Except as provided in divisions (D)(3)(b) and (c) below, the development Master Plan shall comply with the development standards and other requirements for development as provided in § 155.0703, except that variations from these standards may be permitted if submitted as part of the Master Plan that is suitable for the development and consistent with the intent and purpose of § 155.0703.

         (b)   Recreation and open space requirements:

            1.   Dedication of recreation land. Each nontraditional residential lot development (or residential portion of a mixed use development) shall dedicate recreational open space consistent with the requirements in Chapter 157;

            2.   Common open space. Each nontraditional residential lot development (or residential portion of a mixed use development) shall provide common open space as a percentage of the entire parcel according to the following table:

 

            3.   Timing of completion of open space requirements. All open space and recreational amenities shall be completed and conveyed before certificates of occupancy may be issued for more than 50% of the dwelling units in the development or, if the approved Master Plan divides the development into phases, in that phase of the development of which the amenity is a part.

         (c)   Site development requirements: building permits for nonresidential uses in nontraditional residential lot developments shall not be approved until building permits authorizing the construction of at least 50% of the total residential units have been issued.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Conditional zoning districts established. In addition to the general use zoning districts established in §§ 154.02 and 154.03, a corresponding conditional zoning district, bearing the designation “CD”, may be established to each listed district, in accordance with the provisions of § 160.12. Accordingly, the following conditional zoning districts may be designated upon approval by the Board of Commissioners of a petition by the property owners to establish a conditional zoning district:

      (1)   R-A(CD) Residential Agriculture Conditional Zoning District;

      (2)   R-20A(CD) Single-Family Residential Conditional Zoning District;

      (3)   R-20(CD) Single-Family Residential Conditional Zoning District;

      (4)   R-13(CD) Medium Density Residential Conditional Zoning District;

      (5)   R-12(CD) Medium Density Residential Conditional Zoning District;

      (6)   R-10(CD) Medium Density Residential Conditional Zoning District;

      (7)   R-7(CD) Medium Density Residential Conditional Zoning District;

      (8)   R-M(CD) Multi-Family Residential Conditional Zoning District;

      (9)   R-MH(CD) Manufacturing Home Residential Conditional Zoning District;

      (10)   H-C(CD) Highway Commercial Conditional Zoning District;

      (11)   N-B(CD) Neighborhood Business Conditional Zoning District;

      (12)   O&I(CD) Office and Institutional Conditional Zoning District;

      (13)   H-I(CD) Heavy Industrial Conditional Zoning District;

      (14)   L-I(CD) Light Industrial Conditional Zoning District;

      (15)   M-R(CD) Military Reservation Conditional Zoning District; and

      (16)   G-S(CD) Government Services Conditional Zoning District.

   (B)   District requirements. The development and use of property within a conditional zoning district is subject to predetermined ordinance standards and the rules, regulations and conditions imposed as part of the legislative decision creating the district. All regulations which apply to a general use zoning district also apply to the corresponding conditional zoning district. Regulations which apply to a general use zoning district may be varied if approved as part of the Master Plan during the conditional zoning district process as described in § 154.03. All other rules, regulations and conditions which may be offered by the property owner and approved by the Board of Commissioners as part of the rezoning process shall also apply. Property may be placed in a conditional zoning district only in response to a petition by the owners of all of the property proposed to be included in the conditional zoning district. Requirements for conditional zoning districts are delineated in § 160.12.

(Ord. passed 7-25-2011)

   (A)   Overlay districts establish certain regulations that are in addition to those of the underlying general use or conditional zoning districts.

   (B)   Property within a designated overlay district may be used in a manner permitted in the underlying general use or conditional zoning districts only if and to the extent the use is also permitted in the applicable overlay district.

   (C)   When any general use or conditional district is also zoned one of the overlay districts, the most restrictive requirements shall prevail.

   (D)   The following overlay districts are established.

      (1)   (AICUZ) Air Installation Compatible Use Zone Overlay District.

         (a)   The AICUZ Overlay District is established as an overlay district in which certain types of land uses are restricted to ensure that the impacts of air base operations in the areas surrounding Marine Corps Air Station (MCAS) Cherry Point are minimized and prevent any future encroachment by development incompatible with air base operations.

         (b)   The AICUZ Overlay District is divided into six subdistricts: four Noise Overlay Zones that correspond to the 65 DNL, 70 DNL, 75 DNL and 80 DNL noise contours and two Accident Potential Zones (APZ), APZ-1 and APZ-II. Use restrictions within the underlying zoning district (see Chapter 155) are superseded by the use restrictions specified in the AICUZ Overlay District (§ 154.07) to the extent the use restrictions specified in the AICUZ Overlay District are more restrictive than those of the underlying zoning district.

         (c)   The boundaries of the AICUZ Overlay District, composed of the Noise and Accident Potential Overlay Zones described in division (D)(1)(b) above, are depicted on the city official zoning map, as specified in § 154.06. The boundaries for these overlay zones originate from the map entitled Figure D-1 Noise Contours in the Aircraft Installation Compatible Use Zone Study, MCAS Cherry Point, N.C., December 18, 2001. This map, or its more recent official update, is hereby adopted as authoritative by the city for the purposes of the AICUZ Overlay District, and is incorporated within and shown on the city official zoning map.

         (d)   To protect the public health and welfare from the potential noise and safety impacts of air base operations, § 130.06 of the city code of ordinances specifies that no person shall sell, lease or offer for sale or lease any property within the city unless the prospective buyer or lessee has been given a land use disclosure statement as set forth in that section of the code of ordinances. Affected property owners are referred to § 130.06 for specifics of this disclosure requirement. This disclosure requirement is not a zoning requirement. Information concerning this disclosure requirement is provided in this chapter merely for information purposes only and the convenience of the public.

      (2)   Flood Hazard Overlay District. The Flood Hazard Overlay District sets forth regulations that will protect people and property from the hazards of flooding. This district shall include special flood hazard areas as defined in Chapter 156. The regulations applicable to the Flood Hazard Overlay District are specified in Chapter 156.

(Ord. passed 7-25-2011)

   (A)   Purpose.

      (1)   The city finds it necessary and appropriate to adopt the Air Installation Compatible Use Zone (AICUZ) Overlay District to provide the following benefits:

         (a)   Facilitate orderly development within the vicinity of MCAS Cherry Point;

         (b)   Ensure land use compatibility within noise zones and APZs;

         (c)   Mitigate noise impacts from aircraft overflights; and

         (d)   Contribute to the safe operation of MCAS Cherry Point.

      (2)   The city also finds that nothing in the provisions of this section is intended to state that objectionable levels of noise from overhead aircraft will be confined to the limits of the overlay district.

   (B)   Applicability.

      (1)   The AICUZ Overlay District establishes land use compatibility standards and aircraft noise mitigation measures that are in addition to those of the underlying general use or conditional zoning districts.

         (a)   The AICUZ Overlay District is divided into six subdistricts: four noise overlay zones that correspond to the 65 DNL, 70 DNL, 75 DNL and 80 DNL noise contours and two accident potential overlay zones, APZ-I and APZ-II.

         (b)   The boundaries of the noise zones and accident potential overlay zones are depicted on the official zoning map.

      (2)   New or replacement manufactured homes moved onto an existing manufactured home space in an existing manufactured home park or manufactured homes moved onto a single-family lot outside of a manufactured home park are exempt from the AICUZ Overlay District.

      (3)   The use restrictions of this section shall apply to any application for a building permit, zoning permit, special exception use permit, conditional use permit, site plan approval, subdivision plat approval, certificate of occupancy or vested rights certificate.

      (4)   The noise level reduction standards delineated in § 154.07(D) apply to the establishment of new uses of land and the total replacement of an existing land use to include the expansion of an existing use or to structural additions as authorized in § 154.07(D).

      (5)   None of the provisions of the AICUZ Overlay District shall be construed to prohibit the continuance of any existing land use.

   (C)   Permitted uses and density/intensity requirements.

      (1)   The AICUZ Overlay District contains specific use restrictions and density/intensity requirements that supersede the restrictions and requirements contained in Chapter 155 or other general design and performance standards contained in Chapter 157.

      (2)   Land usage within the APZ-I and APZ-II subdistricts shall comply with Table 154-4, Permitted Uses and Density/Intensity Requirements within Accident Potential Zones. Land usage within the Noise Overlay subdistricts shall comply with Table 154-5, Permitted Uses and Required Noise Level Reduction by Noise Contour Zones. Both of these tables are located at the end of this chapter.

      (3)   For land uses located within both an APZ and a Noise Contour Zone, the permissible use requirement of the APZ shall supersede that of the noise zone. Consequently, if the use is not permitted within the APZ that restriction shall prevail. If the use is permitted within both the APZ and within the noise zone, the density and intensity requirements of Table 154-3 shall be met as well as any noise level reduction requirement delineated in Table 154-4 for the noise contour zone within which it is also located.

   (D)   Noise level reduction.

      (1)   The noise level reduction (or attenuation) standards delineated in this section apply only to the establishment of new uses of land and to the expansion of an existing use or to structural additions as described in division (D)(5) below.

      (2)   Land usage within a Noise Contour Zone shall comply with Table 154-5, Permitted Uses and Required Noise Level Reduction by Noise Contour Zones.

      (3)   All new land uses shall be designed to achieve the applicable noise level reduction standard delineated in Table 154-5. The noise level reduction standard may be achieved by any suitable combination of building design, building materials and construction standards so as to reduce the interior noise levels from overhead aircraft flights. Noise level reduction must be incorporated into all residential structures to ensure that the interior noise levels within living spaces (not including garages, sunrooms or porches) do not exceed the applicable standard delineated in Table 154-5. Noise level reduction must be incorporated into the design and construction of the portions of nonresidential buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.

      (4)   In the event that the requirements of this section conflict with the State Building Code, the State Building Code shall prevail.

      (5)   Applicability:

         (a)   Nothing in this division (D) shall require any change in any lawfully constructed or established building, structure or use in existence at the time of adoption or amendment of these regulations;

         (b)   The provisions of this division shall apply to any application for a building permit, certificate of occupancy, zoning, conditional use permit, special use permit, zoning compliance certificate, vested right certificate and subdivision/site plan approval;

         (c)   The noise level reduction requirements of this division shall apply to the construction, alteration, moving, repair, replacement or new use of any building or occupied permanent structure built using traditional (site built) or modular (factory built) techniques within the city located within the Noise Contour Zone as defined in this division; and

         (d)   The provisions of this division shall apply to the following development activities.

            1.   New construction shall comply with all the applicable provisions of this division.

            2.   Moved building or structures shall comply with all the applicable provisions of this division, except as provided in division (F) of this section.

            3.   Existing structures. Expansions to the building areas, as specified as follows and as detailed in division (F) of this section, shall be required to comply with the applicable noise attenuation requirements of this division.

               a.   If the expansion is less than 50% of the gross floor area of the original building, only the expansion shall comply with the noise attenuation requirements.

               b.   If the expansion is greater than or equal to 50% of the gross floor area of the original building, the entire building shall comply with all the noise attenuation requirements.

               c.   In addition, repairs and renovations, not resulting in an expansion of the building gross floor area, but collectively costing more than 50% of the appraised or tax value recorded in the Craven County Tax Record at the date of application, shall be required to fully comply with the noise attenuation requirements of this division.

               d.   Structures that are destroyed shall he rebuilt or repaired in compliance with division (F) of this section.

      (6)   Permitted uses. The Noise Contour Zone contains several general use zoning districts. Uses permitted in those districts, whether by right or as a conditional or special exception use, shall be permitted in the Noise Contour Zone according to the standards and the restrictions as indicated in Tables 154-4 and 154-5 accordingly, except as provided in division (F) of this section.

      (7)   Noise level reductions. The noise level reduction requirements of this division may be achieved by one of the following two methods:

         (a)   Complying with the recommended construction methods and materials shown in divisions (D)(11) through (13) below; or

         (b)   Certification from a registered professional architect or engineer that when constructed in accordance with approved plans, the building shall achieve the specified noise level reductions.

      (8)   Required approval.

         (a)   The construction standards of this division shall be applied to plans and specifications for any proposed structure or use in the Noise Contour Zone. The Building Inspector shall issue a building permit only when the applicant can establish that noise level reduction requirements of this division shall be met prior to the occupancy or use of a building hereafter erected, altered or moved and/or prior to the change of use of any building or land.

         (b)   No building or structure that has been erected, moved or structurally altered may be occupied until the Building Inspector has approved and issued a certificate of occupancy.

      (9)   Approval procedure.

         (a)   All development activity and subdivisions regulated by the provision of the Noise Contour Zone are also required to follow all applicable general land use and subdivision approval procedures contained in the city code of ordinances.

         (b)   Each application for a building permit shall be accompanied by a plat or site plan, drawn to scale, showing accurate dimensions of the lot to be built upon, accurate dimensions of the building to be erected and its location on the lot.

         (c)   In addition, in the Noise Contour Zone, the applicant shall submit detailed cross sections of exterior walls, roofs, ceilings and the like, manufacturer’s specifications of windows, doors, skylights and the like, and details of the heating, air conditioning and ventilation sufficient for the Planning and Inspections Department to determine compliance with the provision of this division. For modular structures, the applicant shall submit these details to the Planning and Inspections Department for approval prior to finalizing plans and beginning construction in the factory.

      (10)   Approval criteria.

         (a)   All development activity and subdivisions regulated by the provisions of the Noise Contour Zone are also required to follow all applicable regulations of the general district in which the property is located.

         (b)   In addition, the approval criteria shall include the permitted uses and the corresponding noise level reduction requirements of the Noise Contour Zone found in Table 154-4.

      (11)   Building design standards for a minimum noise level reduction of 25 dB.

         (a)   General.

            1.   Brick veneer, masonry blocks or stucco exterior walls shall be constructed airtight. All joints shall be grouted or caulked airtight. For purposes of this subchapter, the term AIRTIGHT is defined the same as it is defined in the current North Carolina Building Code.

            2.   At the penetration of exterior walls by pipes, ducts or conduits, the space between the wall and pipes, ducts or conduits shall be caulked or filled with mortar.

            3.   Window and/or through-the-wall ventilation units shall not be used.

            4.   Through-the-wall/door mailboxes shall not be used.

         (b)    Exterior walls.

            1.   Exterior walls, other than as described in this division, shall have a laboratory sound transmission class rating of at least STC-34.

            2.   Masonry walls having surface weight of at least 25 pounds per square foot do not require a furred (stud) interior wall. At least one surface of concrete block walls shall be plastered or painted with heavy paint.

            3.   Stud walls shall be at least four inches in nominal depth and shall be finished on the outside with siding-on-sheathing, stucco or brick veneer.

            4.   Interior surface of exterior stud walls shall be of gypsum board or plaster at least one-half inch thick, installed on the studs.

            5.   Continuous composition board, plywood or gypsum board sheathing at least one-half inch thick shall cover the exterior side of the wall studs behind wood or metal siding. Asphalt shingles are acceptable in lieu of siding.

            6.   Sheathing panels shall be butted tightly and covered on the exterior with overlapping building paper. The top and bottom edges of the sheathing shall be sealed.

            7.   Insulation material at least two inches thick shall be installed continuously throughout the cavity space behind the exterior sheathing and between the wall studs. Insulation shall be glass fiber or mineral wool.

         (c)   Windows.

            1.   Windows, other than as described in this section, shall have a laboratory sound transmission class rating of at least STC-28.

            2.   Glass shall be at least three-sixteenth inch thick.

            3.   All operable windows shall be weather-stripped and airtight when closed so that air infiltration will not exceed 0.5 cubic feet per minute per foot of crack length.

            4.   Glass of fixed sash windows shall be sealed in an airtight manner with a non-hardening sealant, or a soft elastomer gasket or glazing tape.

            5.   The perimeter of window frames shall be sealed airtight to the exterior wall construction with a sealant conforming to one of the following federal specifications: TT-S-00227, TT-S-00230 or TT-S-00153.

            6.   The total area of glass in exterior windows and doors in sleeping spaces shall not exceed 20% of the floor area.

         (d)   Doors.

            1.   Doors, other than as described in this section shall have a laboratory sound transmission class rating of at least STC-28.

            2.   All exterior side-hinged doors shall be solid-core wood or insulated hollow metal at least one and three-quarter inch thick and shall be fully weather-stripped.

            3.   Exterior sliding doors shall be weather-stripped with an efficient airtight gasket system. The glass in the sliding doors shall be at least three-sixteenth inch thick.

            4.   Glass in doors shall be sealed in an airtight non-hardening sealant, or in a soft elastomer gasket or glazing tape.

            5.   The perimeter of doorframes shall be sealed airtight to the exterior wall construction.

         (e)   Roofs.

            1.   Combined roof and ceiling construction, other than as described in this and the following division, shall have a laboratory sound transmission class rating of at least STC-34.

            2.   With an attic or rafter space at least six inches deep, and with a ceiling below, the roof shall consist of closely butted one-half inch composition board, plywood or gypsum board sheathing topped by roofing as required.

            3.   If the underside of the roof is exposed, or if the attic or rafter spacing is less than six inches, the roof construction shall have a surface weight of at least 25 pounds per square foot. Rafters, joists or other framing may not be included in the surface weight calculation.

            4.   Window or dome skylights shall have a laboratory sound transmission class rating of at least STC-28.

         (f)   Ceilings.

            1.   Gypsum board or plaster ceilings shall be at least one-half inch thick. Ceilings shall be substantially airtight, with a minimum number of penetrations.

            2.   Glass fiber or mineral wool insulation shall be at least two inches thick shall be provided above the ceiling between joists.

         (g)   Floors. Openings to any crawl spaces below the floor of the lowest occupied rooms shall not exceed 2% of the floor area of the occupied rooms.

         (h)   Ventilation.

            1.   A mechanical ventilation system shall be installed that will provide the minimum air circulation and fresh air supply requirements for various uses in occupied rooms, as specified in the State Building Code, without the need to open any windows, doors or other openings to the exterior.

            2.   Gravity vent openings in the attic shall not exceed code minimum in number and size.

            3.   If a fan is used for forced ventilation, the attic inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 20- gauge steel, which shall be lined with one-inch thick coated glass fiber, and shall be at least five foot long with one 90-degree bend.

            4.   All vent ducts connecting the interior space to the outdoors, excepting domestic range exhaust ducts, shall contain at least a five foot length of internal sound absorbing duct lining. Each duct shall be provided with a bend in the duct such that there is no direct line of sight through the duct from the venting cross section to the room-opening cross section.

            5.   Duct lining shall be coated glass fiber duct liner at least one-inch thick.

            6.   Domestic range exhaust ducts connecting the interior space to the outdoors shall contain a baffle plate across the exterior termination, which allows proper ventilation. The dimensions of the baffle plate should extend at least one diameter beyond the line of sight into the vent duct.

            7.   Fireplaces shall be provided with well-fitted dampers.

      (12)   Building design standards for a minimum noise level reduction of 30dB.

         (a)   General.

            1.   Brick veneer, masonry blocks or stucco exterior walls shall be constructed airtight. All joints shall be grouted or caulked airtight. For purposes of this subchapter, the term AIRTIGHT is defined the same as it is defined in the current State Building Code.

            2..   At the penetration of exterior walls by pipes, ducts or conduits the space between the wall and pipes, ducts or conduits shall be caulked or filled with mortar.

            3.   Window and/or through-the-wall ventilation units shall not be used.

            4.   Through-the-wall/door mailboxes shall not be used.

            5.   Operational vented fireplaces shall not be used unless provided a special acoustical chimney-top damper or tight fitting glass doors over the fireplace.

            6.   All sleeping spaces shall be provided with either a sound absorbing ceiling or a carpeted floor.

         (b)   Exterior walls.

            1.   Exterior walls, other than as described in this section, shall have a laboratory sound transmission class rating of at least STC-39.

            2.   Masonry walls having surface weight of at least 40 pounds per square foot do not require a furred (stud) interior wall. At least one surface of concrete block walls shall be plastered or painted with heavy “bridging” paint.

            3.   Stud walls shall be at least four inches in nominal depth and shall be finished on the outside with siding-on-sheathing, stucco or brick veneer.

            4.   Interior surface of exterior stud walls shall be of gypsum board or plaster or an alternative material of equal mass at least one-half inch thick, installed on the studs. The gypsum board or plaster or alternative material may be fastened rigidly to the studs if the exterior is brick veneer or stucco. If exterior is siding on sheathing, the interior gypsum board or plaster must be fastened with resilient channels to the studs.

            5.   Continuous composition board, plywood or gypsum board sheathing shall cover the exterior side of the wall studs behind wood or metal siding. The sheathing and facing shall weigh a minimum of four pounds per square foot.

            6.   Sheathing panels shall be butted tightly and covered on the exterior with overlapping building paper. The building paper can be omitted provided the sheathing panels have tightly fitted tongue and groove or lap and gap joints. The top and bottom edges of the sheathing shall be sealed.

            7.   Insulation material at least two inches thick shall be installed continuously throughout the cavity space behind the exterior sheathing and between the wall studs. Insulation shall be glass fiber or mineral wool.

         (c)   Windows.

            1.   Windows, other than as described in this section, shall have a laboratory sound transmission class rating of at least STC-33.

            2.   Glass of double glazed windows shall be at least one-eighth inch thick. Panes of glass shall be separated by a minimum one-third inch air space.

            3.   Double glazed windows shall employ a fixed sash or efficiently weather-stripped operable sash. The sash shall be rigid and weather-stripped with material that is compressed airtight when the window is closed so that air infiltration will not exceed 0.5 cubic foot per minute per foot of crack length.

            4.   Glass of fixed sash windows shall be sealed in an airtight manner with a non-hardening sealant, a soft elastomer gasket, glazing tape or equivalent airtight adhesive.

            5.   The perimeter of window frames shall be sealed airtight to the exterior wall construction with a sealant conforming to one of the following federal specifications: TT-S-00227, TT-S-00230 or TT-S-00153.

            6.   The total area of glass in exterior windows and doors in sleeping spaces shall not exceed 20% of the floor area.

         (d)   Doors.

            1.   Doors, other than as described in this section, shall have a laboratory sound transmission class rating of at least STC-33.

            2.   Double door construction is required for all door openings to the exterior. Openings fitted with side hinged doors shall have one solid core wood or insulated hollow metal core door at least one and three-quarter inch thick separated by an airspace at least four inches from another door, which can be a storm door. Both doors shall be tightly fitted and weather-stripped.

            3.   The glass of double glazed sliding doors shall be separated by a minimum one-quarter inch air space. Each sliding frame shall be provided with an efficiently airtight weather stripping material that is compressed airtight when the door is closed so that air infiltration will not exceed 0.5 cubic foot per minute per foot of crack length.

            4.   The glass in the sliding doors shall be at least three-sixteenth inch thick. Glass of double sliding doors shall not be equal in thickness.

            5.   Glass in doors shall be sealed in an airtight non-hardening sealant, or in a soft elastomer gasket or glazing tape.

            6.   The perimeter of doorframes shall be sealed airtight to the exterior wall construction with a sealant conforming to one of the following federal specifications: TT-S-00227, TT-S-00230 or TT-S-00153.

         (e)   Roofs.

            1.   Combined roof and ceiling construction other than as described in this and the following division shall have a laboratory sound transmission class rating of at least STC-44.

            2.   With an attic or rafter space at least six-inch deep, and with a ceiling below, the roof shall consist of closely butted one-half inch composition board, plywood or sheathing topped by roofing as required.

            3.   If the underside of the roof is exposed, or if the attic or rafter spacing is less than six inches, the roof construction shall have a surface weight of at least 40 pounds per square foot. Rafters, joists or other framing shall not be included in the surface weight calculation.

            4.   Window or dome skylights shall have a laboratory sound transmission class rating of at least STC-33.

         (f)   Ceilings.

            1.   Gypsum board or plaster ceilings at least one-half inch thick shall be provided where required by division (L)(5)(b) above. Ceilings shall be substantially airtight, with a minimum number of penetrations.

            2.   Glass fiber or mineral wool insulation at least two inches thick shall be provided above the ceiling between joists.

         (g)   Floors. The floor of the lowest occupied rooms shall be slab on fill, below grade or over a fully enclosed basement. All door and window openings in the fully enclosed basement shall be tightly fitted.

         (h)   Ventilation.

            1.   A mechanical ventilation system shall be installed that will provide the minimum air circulation and fresh air supply requirements for various uses in occupied rooms, as specified in the State Building Code, without the need to open any windows, doors or other openings to the exterior.

            2.   Gravity vent openings in the attic shall not exceed code minimum in number and size. The openings shall be fitted with transfer ducts at least three feet in length containing internal sound absorbing duct lining. Each duct shall have a lined 90- degree bend in the duct so that there is no direct line of sight from the exterior through the duct into the attic.

            3.   If a fan is used for forced ventilation, the attic inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 20- gauge steel, which shall be lined with one-inch thick coated glass fiber, and shall be at least five feet long with one 90-degree bend.

            4.   All vent ducts connecting the interior space to the outdoors, excepting domestic range exhaust ducts, shall contain at least a ten foot length of internal sound absorbing duct lining. Each duct shall be provided with a lined 90-degree bend in the duct such that there is no direct line of sight through the duct from the exterior to the interior.

            5.   Duct lining shall be coated glass fiber duct liner at least one inch thick.

            6.   Domestic range exhaust ducts connecting the interior space to the outdoors shall contain a baffle plate across the exterior termination, which allows proper ventilation. The dimensions of the baffle plate shall extend at least one diameter beyond the line of sight into the vent duct. The baffle plate shall be of the same material and thickness as the vent duct material.

            7.   Building heating units with flues or combustion air vents shall be located in a closet, attached garage or other room closed off from the occupied space by doors.

            8.   Doors between occupied space and attached garage or mechanical equipment areas shall be solid core wood or 20-gauge steel hollow metal at least one and three-quarter inch thick and shall be fully weather stripped.

      (13)   Building design standards for a minimum noise level reduction of 35 dB.

         (a)   General.

            1.   Brick veneer, masonry blocks or stucco exterior walls shall be constructed airtight. All joints shall be grouted or caulked airtight. For purposes of this subchapter, the term AIRTIGHT is defined the same as it is defined in the current State Building Code.

            2.   At the penetration of exterior walls by pipes, ducts or conduits the space between the wall and pipes, ducts or conduits shall be caulked or filled with mortar.

            3.   Window and/or through-the-wall ventilation units shall not be used.

            4.   Through-the-wall/door mailboxes shall not be used.

            5.   Operational vented fireplaces shall not be used unless provided a special acoustical chimney-top damper or tight fitting glass doors over the fireplace.

            6.   All sleeping spaces shall be provided with either a sound absorbing ceiling or a carpeted floor.

            7.   No glass or plastic skylights shall be used.

         (b)   Exterior walls.

            1.   Exterior walls other than as described in this section shall have a laboratory sound transmission class rating of at least STC-49.

            2.   Masonry walls having surface weight of at least 75 pounds per square foot do not require a furred (stud) interior wall. At least one surface of concrete block walls shall be plastered or painted with heavy “bridging” paint.

            3.   Stud walls shall be at least four inches in nominal depth and shall he finished on the outside with siding-on-sheathing, stucco or brick veneer.

            4.   Interior surface of exterior stud walls shall be of gypsum board or plaster or an alternative material of equal mass at least one-half inch thick, installed on the studs. The gypsum board or plaster or alternative material may be fastened rigidly to the studs if the exterior is brick veneer. If exterior is siding on sheathing or stucco, the interior gypsum board or plaster must be fastened with resilient channels to the studs.

            5.   Continuous composition board, plywood or gypsum board sheathing shall cover the exterior side of the wall studs behind wood or metal siding. The sheathing and facing shall weigh a minimum of four pounds per square foot.

            6.   Sheathing panels shall be butted tightly and covered on the exterior with overlapping building paper. The building paper can be omitted provided the sheathing panels have tightly fitted tongue and groove or lap and gap joints. The top and bottom edges of the sheathing shall be sealed.

            7.   Insulation material at least three inches thick shall be installed continuously throughout the cavity space behind the exterior sheathing and between the wall studs. Insulation shall be glass fiber or mineral wool.

         (c)   Windows.

            1.   Windows other than as described in this section, shall have a laboratory sound transmission class rating of at least STC-38.

            2.   Double glazed windows shall employ a fixed sash. Glass of double glazed windows shall be at least one-eighth inch thick. Panes of glass shall be separated by a minimum one-third inch air space and shall not be equal in thickness.

            3.   Glass of fixed sash windows shall be sealed in an airtight manner with a non-hardening sealant, a soft elastomer gasket, glazing tape or equivalent airtight adhesive.

            4.   The perimeter of window frames shall be sealed airtight to the exterior wall construction with a sealant conforming to one of the following federal specifications: TT-S-00227, TT-S-00230 or TT-S-00153.

            5.   The total area of glass in exterior windows and doors in sleeping spaces shall not exceed 20% of the floor area.

         (d)   Doors.

            1.   Doors, other than as described in this section, shall have a laboratory sound transmission class rating of at least STC-38.

            2.   Double door construction is required for all door openings to the exterior. Openings fitted with side hinged doors shall have one solid core wood or insulated hollow metal core door at least one and three-quarter inch thick separated by a vestibule at least three feet in length. Both doors shall be tightly fitted and weather-stripped.

            3.   The glass of double glazed sliding doors shall be separated by a minimum one-quarter inch air space. Each sliding frame shall be provided with an efficiently airtight weather stripping material that is compressed airtight when the door is closed so that air infiltration will not exceed 0.5 cubic foot per minute per foot of crack length.

            4.   Glass in doors shall be sealed in an airtight non-hardening sealant, or in a soft elastomer gasket or glazing tape.

            5.   The perimeter of doorframes shall be sealed airtight to the exterior wall construction with a sealant conforming to one of the following federal specifications: TT-S-00227, TT-S-00230 or TT-S-00153.

         (e)   Roofs.

            1.   Combined roof and ceiling construction other than as described in this and the following division shall have a laboratory sound transmission class rating of at least STC-49.

            2.   With an attic or rafter space at least six inches deep, and with a ceiling below, the roof shall consist of closely butted one-half inch minimum composition board, plywood or sheathing topped by roofing as required.

            3.   If the underside of the roof is exposed, or if the attic or rafter spacing is less than six inches, the roof construction shall have a surface weight of at least 75 pounds per square foot. Rafters, joists or other framing shall not be included in the surface weight calculation.

         (f)   Ceilings.

            1.   Gypsum board or plaster ceilings at least one-half inch thick shall be provided where required by division (M)(5)(b) above. Ceilings shall be substantially airtight, with a minimum number of penetrations. The ceiling panels shall be mounted on resilient clips or channels. A non-hardening sealant shall be used to seal gaps between the ceiling and walls around the ceiling perimeter.

            2.   Glass fiber or mineral wool insulation at least three and one-half inches thick shall be provided above the ceiling between joists.

         (g)   Floors. The floor of the lowest occupied rooms shall be slab on fill, below grade.

         (h)   Ventilation.

            1.   A mechanical ventilation system shall be installed that will provide the minimum air circulation and fresh air supply requirements for various uses in occupied rooms, as specified in the State Building Code, without the need to open any windows, doors or other openings to the exterior.

            2.   Gravity vent openings in attics shall not exceed code minimum in number and size. The openings shall be fitted with transfer ducts at least six feet in length containing internal sound absorbing duct lining. Each duct shall have a lined 90-degree bend in the duct such that there is no direct line of sight from the exterior through the duct into the attic.

            3.   If a fan is used for forced ventilation, the attic inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 20- gauge steel, which shall be lined with one inch thick coated glass fiber, and shall be at least ten feet long with one 90-degree bend.

            4.   All vent ducts connecting the interior space to the outdoors, except domestic range exhaust ducts, shall contain at least a ten-foot length of internal sound absorbing duct lining. Each duct shall be provided with a lined 90-degree bend in the duct so that there is no direct line of sight through the duct from the exterior to the interior.

            5.   Duct lining shall be coated glass fiber duct liner at least one inch thick.

            6.   Domestic range exhaust ducts connecting the interior space to the outdoors shall contain a baffle plate across the exterior termination which allows proper ventilation. The dimensions of the baffle plate should extend at least one diameter beyond the line of sight into the vent duct. The baffle plate shall be of the same material and thickness as the vent duct material.

            7.   Building heating units with flues or combustion air vents shall be located in a closet, attached garage or other room closed off from the occupied space by doors.

            8.   Doors between occupied space and attached garage or mechanical equipment areas shall be solid core wood or 20-gauge steel hollow metal at least one and three-quarter inch thick and shall be fully weather-stripped.

      (14)   Replacement, expansion and reconstruction of nonconforming structures and land uses in the Noise Contour Zone.

         (a)   Single-family dwellings.

            1.   Existing single-family dwellings located within the 75 and 80 dB contours may be reconstructed if destroyed or damaged greater than 50% of their tax value, as shown on the Craven County tax rolls, or certified appraised value, if a noise level reduction of 30 dB is provided inside the dwelling. Any reconstruction shall meet all applicable setbacks and lot area requirements of this section.

            2.   Existing single-family dwellings within the 75 and 80 dB contours may expand, with no limits on the number of expansions; however, once the aggregate of the expansions meets or exceeds 50% of the area of the dwelling (measured at the time of ordinance adoption), the entire structure must be retrofitted for noise attenuation according to the requirements of this section.

         (b)   Existing churches.

            1.   Existing nonconforming churches located within the Noise Contour Zone may rebuild if they are destroyed or damaged greater than 50% of their estimated value provided they comply with the maximum noise level reduction standards of 30 dB as defined in this section.

            2.   Churches that are located within the 70, 75 or 80 dB contours are permitted a one-time expansion of their building area by no more than 50% of the area of the existing church provided they comply with the appropriate noise attenuation standards as referenced in Table 154-5 and all other ordinance standards.

         (c)   Existing nonresidential land uses. Existing nonresidential land uses, excluding uses located within the 80 dB contour, that are not permitted according to Tables 154-4 and 154-5 may be reconstructed if destroyed or damaged greater than 50% of its tax or certified appraised value provided they comply with a noise level reduction of 30 dB in areas of the structure where the public will be present.

         (d)   All other uses.

            1.   Existing nonconforming residential and nonresidential structures not covered in divisions (14)(a) through (c) above located within a Noise Contour Zone that are completely destroyed may be reconstructed (but not expanded beyond the original structure’s square footage) provided a building permit is issued within 180 days of the structure’s destruction, and a noise level reduction as specified in Table 154-4 is met.

            2.   All replacements, expansions and reconstructions of nonconforming situations, as listed in this division shall follow the procedural requirements of Chapter 161.

   (E)   Airport and aircraft interference. No structure may be constructed or altered in a manner or at a height that constitutes a safety hazard to aerial navigation as determined by the Federal Aviation Administration (FAA). Furthermore, lighting, glare, smoke, electronic signals or other visual hazards that interfere with air traffic, communications or navigational aids are prohibited as determined by the FAA. All proposals for new communication towers in an APZ or Noise Contour Zone must provide evidence that all required approvals from regulatory agencies (e.g., FAA and Federal Communication Commission) have been given prior to the issuance of any permits or approvals from the city.

   (F)   AICUZ and nonconforming uses. Within the AICUZ Overlay District, any nonconforming use of land legally existing at the time of adoption or amendment of this section may be continued but may not be enlarged, extended or replaced, except for uses within Noise Contour Zones as specified in and as follows.

      (1)   A nonconforming use shall not be changed to another nonconforming use.

      (2)   The number of dwelling units in a nonconforming residential use shall not be increased.

      (3)   A nonconforming use shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use at the effective date of adoption or amendment of this section.

      (4)   If any nonconforming use ceases for any reason for a continuous period of more than 180 days, any subsequent use shall be a permitted use in the overlay subdistrict in which the use is located.

      (5)   A nonconforming use shall not be extended or enlarged.

      (6)   A nonconforming use of open land may not be extended.

      (7)   The resumption of a nonconforming use shall not be permitted if the nonconforming use is superseded by a permitted use for any period of time.

      (8)   All other nonconforming situations, such as nonconforming lots and nonconforming structures, shall be governed by the provisions of Chapter 161.

   (G)   AICUZ Waiver of Claim.

      (1)   A waiver of claim shall be required for all new site development plans and all new subdivisions of land located within the AICUZ Overlay District. The waiver shall be executed by the owner of the property for the benefit of the city, and it shall waive all existing and future owners’ right to any claim or cause of action against the city in connection with adverse aircraft noise impacts or other consequences of the overlay district’s noise mitigation requirements. The waiver statement shall appear on the final site plan or subdivision plat before the site plan or plat may be approved and recorded.

      (2)   The waiver of claim provisions of this section shall not apply to lots of record created prior to the effective date of this section, to lots created by a valid preliminary subdivision plat that was approved by the city prior to the effective date of this subchapter, or to a valid site plan that was approved by the city prior to the effective date of this section.

 

   1.   This table delineates allowable use within APZs by general land use classification. The land use classifications are based upon the Standard Land Use Coding Manual (SLUCM) classifications but have been modified to accommodate the specific zoning and land use regulatory needs of the city. Whenever a land use is proposed, it will be assigned to the SLUCM classification that, in the opinion of the zoning administrator, most closely reflects the characteristics of the proposed use. The general use classification, as delineated in this table, shall be utilized to determine whether or not the proposed use is permissible within the APZ in which it is proposed to be located. For example, if a proposed use is assigned SLUCM classification number 5995, the use would fall under the 5900 general classification and be permissible in accordance with the specified intensity standard. Whenever a proposed land use has characteristics of two or more individual land uses, that use shall be evaluated, on a case-by-case basis, to determine if one or more of the use characteristics creates an overwhelming incompatibility with the purposes and objectives of the APZ within which the use is proposed to be located. If, in the opinion of the zoning administrator, one or more of the proposed use’s characteristics creates such an incompatibility, the use shall not be permitted as proposed.

   2.   Other use factors that will be considered in determining allowable nonresidential uses include labor intensity, structural coverage, explosive characteristics, air pollution, electronic interference with aircraft, height of structures and potential glare to pilots.

   3.   Passenger terminals, major above ground transmission lines, broadcast studios and communication towers are not permitted in APZ-I.

   4.   Low intensity office uses only. Accessory uses such as meeting places, auditoriums and the like are not permitted.

   5.   Chapels are not allowed within APZ-I or APZ-II.

   6.   Facilities shall be low intensity and include no tot lots and the like. Facilities such as club houses, meeting places, auditoriums, large classrooms and the like are not permitted.

   7.   Resource production and extraction uses that produce smoke, glare, electronic interference or which involve explosives are not permitted.

   8.   Uses and activities that attract concentrations of birds that would create a hazard to aircraft operations are not permitted.

   9.   Naturally occurring water features (e.g., rivers, lakes, streams, wetlands) are permitted.

   10.   A combination single-family dwelling unit and nonresidential use (live/work use) may be permitted in APZ-II provided that: the density of the residential portion does not exceed the maximum density for single-family detached dwellings (SLUCM # 1100.1); and the nonresidential portion is an allowable use within the APZ-II and it does not exceed the specified maximum FAR for its assigned use classification.

   11.   Mixed uses on a single lot or within a single structure are allowable, provided that each proposed individual use comprising the mixed use is allowable within the APZ in which proposed to be located; and that each proposed individual use comprising the mixed use complies with the specified maximum FAR for its assigned use classification.

   12.   Uses that produce or generate VOCs (Volatile Organic Chemicals) are not permitted.

   13.   No structure shall exceed 10,000 square feet in size.

   14.   Manufactured or mobile homes either within or outside of a mobile home park are exempt from the AICUZ Overlay District.

 

   1.   This table delineates allowable use within noise contour zones by general land use classification. The land use classifications are based upon the Standard Land Use Coding Manual (SLUCM) classifications but have been modified to accommodate the specific zoning and land use regulatory needs of the city. Whenever a land use is proposed, it will be assigned to the SLUCM classification that, in the opinion of the zoning administrator, most closely reflects the characteristics of the proposed use. The general use classification, as delineated in this table, shall be utilized to determine whether or not the proposed use is permitted within the noise contour zone in which it is proposed to be located. For example, if a proposed use is assigned SLUCM classification number 5995, the use would fall under the 5900 general classification.

Columns a, c, e and g indicate whether or not a particular use is allowed within the applicable noise contour zone (DNL 65, 60, 75 or 80). A “Yes” in these columns indicates that the land use delineated in the “Land Use” column is permitted outright or is permitted provided compliance with the specified restrictions is achieved. A “No” in these columns indicates that the land use delineated in the “Land Use” column is not permitted.

Columns b, d, f and h indicate the noise level reduction level, if any, that must be achieved to make the use compatible and permissible; and/or the specific restriction, if any, placed on the use to make it permissible. “25dB”, “30dB” or “35dB” in these columns indicate the noise level reduction standard that must be incorporated into the design and construction of structures in order to make the use permissible. References to notations which outline specific restrictions applicable to particular land uses are also delineated in these columns.

Measures to achieve the specified NLR standard for nonresidential uses must be incorporated into the design and construction of the portions of the buildings where the public is received, office areas, noise sensitive area or where the normal noise level is low. Generally, the noise level reduction design standards apply to all new structures and/or new uses of land and under specific circumstances as defined in division (E) above, to enlargements, extensions and replacements. The noise level reduction design standards do not, however, apply to a manufactured home moved onto an existing manufactured home park space.

Noise level reduction standards do not eliminate or mitigate outdoor noise problems. However, building location, site planning and design and use of berms and barriers may help to mitigate outdoor noise exposure.

Whenever a proposed land use has characteristics of two or more individual land uses, that use shall be evaluated, on a case-by-case basis, to determine if one or more of the use characteristics creates an overwhelming incompatibility with the noise contour zone within which the use is proposed to be located. If, in the opinion of the zoning administrator, one or more of the proposed use’s characteristics creates such an incompatibility, the use shall not be permitted as proposed.

   2.   Measures to achieve the indicated Noise Level Reduction must be incorporated if the use is a noise sensitive use. If the use is not a noise sensitive use, it is allowable without noise attenuation measures.

   3.   Permitted if special sound reinforcement systems are installed.

   4.   Residential buildings require a NLR of 25.

   5.   Residential buildings require a NLR of 30.

   6.   Residential buildings are not permitted.

   7.   Any use in existence at the time of adoption of this ordinance that is shown as “Not” Allowable on this table can only be reconstructed after being completely destroyed if it: meets a noise level reduction consistent with what is required for similar permitted uses in this table; and it meets all other requirements as listed in division (E) above. For this provision, land uses will be treated similarly by main SLUCM Classification and Noise Contour Zone. For example:

      a.   To rebuild SLUCM No.’s 1100, 1200, 1300 or 1900 in a 75 DNL Contour under this provision would require a 35dB NLR.

      b.   To rebuild SLUCM No.’s 4700 or 4900 in an 80 DNL Contour under this provision would require a 35dB NLR.

   8.   The largest NLR required for any use in this table is 35dB.

   9.   Manufactured homes (SLUCM No. 1400) located either within or outside of a mobile home park are exempt from the AICUZ Overlay District.

(Ord. passed 7-25-2011; Ord. 18-O-02, passed 6-11-2018)