(a)

The following residential districts are hereby established: A, R-20, R-15, R-11, PR-11, R-7, R-6, and R-3. Each of these districts is designed and intended to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in nonresidential districts. Other objectives of some of these districts are explained in the remainder of this section.

(b)

The A (agricultural) district is designed to protect agricultural lands and woodlands within the city's planning jurisdiction, for this reason, larger minimum lot sizes are required. This district is also intended to accommodate some types of uses that would be appropriate in more sparsely populated areas but would not be appropriate in the more intensely developed residential zones.

(c)

The R-20, R-15 and R-11 districts differ primarily in the density allowed as determined by the minimum lot size requirements set forth in section 35-181. In addition, some types of manufactured homes are allowed to be used for single-family residential purposes in the R-20 zone.

(d)

The PR-11 district is intended to encourage the development of residential neighborhoods composed of a well-planned mixture of single-family, two-family and multi-family dwellings. Except for the fact that this district allows planned residential developments (as described in section 35-157), it is identical to the R-11 district.

(e)

The R-7 district is designed to accommodate single-family and two-family dwelling units.

(f)

The R-6 district is designed to accommodate single-family and two-family dwelling units, as well as some types of manufactured homes used as single-family residences.

(g)

The R-3 zone is designed primarily to accommodate higher density multifamily developments.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

The following commercial districts are hereby established: B-1, B-2, B-2H, B-3, B-4, B-5, and B-6. These districts are created to accomplish the purposes and serve the objectives set forth in the remainder of this section.

(b)

The B-1 (central business) district is designed to accommodate a wide variety of commercial activities (particularly those that are pedestrian-oriented) that will result in the most intensive and attractive use of the city's central business district.

(c)

The B-2 and B-2H (community business) districts are designed to accommodate commercial development on a scale that is less intensive than that permitted in a B-1 district. A lesser intensity of development is achieved through setback, height, and minimum lot size requirements that are more restrictive than those applicable to the B-1 zone. The types of uses permissible in these zones are generally similar to the types permissible in a B-1 zone, except that additional automobile-oriented businesses (e.g., drive-in banks and restaurants), not allowed in the B-1 zone, are permissible in these zones. The B-2 and B-2H thus may provide a transition in some areas between a B-1 zone and a residential zone or may provide for a smaller scale shopping center that primarily serves one neighborhood or area of the city (as opposed to a regional shopping center). The dimensional restrictions in the zone are also designed in appropriate areas to encourage the renovation for commercial purposes of buildings that formerly were single-family residences. The only difference between B-2 and B-2H zones is the difference in height limitations spelled out in section 35-186. Therefore, all other references in this chapter to the B-2 district shall be deemed to include the B-2H district.

(d)

The B-3 (office/residential) district is designed to accommodate a mixture of residential uses and uses that fall primarily within the 3.000 classification in the table of permissible uses (office, clerical, research, services, etc.). It is intended that this zoning classification be applied primarily in areas that no longer are viable as single-family residential areas because of high traffic volumes on adjacent streets or because of other market factors but remain viable as locations for multifamily residential developments or offices. Such areas will also generally constitute transition or buffer zones between major arterials or more intensively developed commercial areas and residential districts.

(e)

The B-4 (general commercial) district is designed to accommodate the widest range of commercial activities.

(f)

The B-5 (highway service) is designed to accommodate commercial activities that draw business primarily from and provide services primarily to I-95 traffic.

(g)

The B-6 (medical arts) district is designed to accommodate the offices and clinics of physicians and other medical personnel as well as uses within the 2.000, 3.000 and 4.000 classifications from the table of permissible uses that are customarily associated with a hospital or provide services or goods that are a convenience to hospital patients or visitors.

(h)

The B-7, business (general/commercial/manufactured home sales) district is designed to accommodate a wide range of commercial activities including manufactured home sales.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 1762, 12-13-99; Ord. No. 2021.06.02 , 6-9-21)

The following districts are hereby established primarily to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment: M-1, M-2 and M-3. The M-3 (planned industrial) district is intended to encourage the development of a well-planned industrial park.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 1379, 2-22-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

There are hereby established 24 different planned unit development (PUD) districts as described in this section. Each PUD district is designed to combine the characteristics of at least three and possibly four districts.

(1)

One element of each PUD district shall be the lower density residential element. Here there are two possibilities, each one corresponding either to the R-15 or R-11 residential districts identified in subsection 35-135(a). Within that portion of the PUD zone that is developed for lower density residential purposes, all development must be in accordance with the regulations applicable to the lower density residential district to which the particular PUD zoning district corresponds.

(2)

A second element of each PUD district shall be the higher density residential element. Here there are two possibilities, each one corresponding either to the R-7 or R-3 zoning districts established by subsection 35-135(a). Within that portion of the PUD district that is developed for higher density residential purposes, all development must be in accordance with the regulations applicable to the higher density residential district to which the PUD district corresponds.

(3)

A third element of each PUD district shall be the commercial element. Here there are three possibilities, each one corresponding to one of the following commercial districts identified in section 35-136: B-1, B-2, or B-3. Within that portion of a PUD district that is developed for purposes permissible in a commercial district, all development must be in accordance with the regulations applicable to the commercial district to which the PUD district corresponds.

(4)

A manufacturing/processing element may be a fourth element of any PUD district. Here there are two alternatives. The first is that uses permitted within the M-1 district would be permitted within the PUD. The second alternative is that uses permitted only within the M-1 or M-2 zoning districts would not be permitted. If an M-1 element is included, then within that portion of the PUD district that is developed for purposes permissible in an M-1 district, all development must be in accordance with the regulations applicable to the M-1 district.

(b)

No area of less than 25 contiguous acres may be zoned as a PUD district, and then only upon the request of the owner or owners of all the property intended to be covered by such zone.

(c)

As indicated in the table of permissible uses (section 35-149), a planned unit development (use classification 30.000) is the only permissible use of a PUD zone and planned unit developments are permissible only in such zones.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

The floodplain and floodway districts are hereby established as "overlay" districts, meaning that these districts are overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted in the applicable overlay district. The floodplain and floodway districts are further described in division 1 of article XVI of this chapter.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

The following conditional zoning districtss are hereby established: CZ-R-3, CZ-B-2, CZ-B-3, CZ-B-4, CZ-B-5, CZ-B-6, CZ-M-1 and CZ-M-2. These districts are intended to accommodate the situation when a general zoning district designation would not be appropriate for a certain property, but a specific use permitted under the district would be acceptable. The conditional zoning districts are further described in article XXI of this chapter..

(Ord. No. 2021.06.02 , 6-9-21)

Editor's note— Ord. No. 2021.06.02 , adopted June 9, 2021, amended § 35-140 in its entirety to read as herein set out. Former § 35-140, pertained to Parallel conditional use districts established, and derived from Ord. No. 1155, adopted Oct 2, 1989.

(a)

Overview: The Lumber River Protection Overlay District ("District") shall be defined as the Lumber River within the City of Lumberton and its extraterritorial jurisdiction including a contiguous and parallel buffer strip which together constitute a culturally significant and environmentally sensitive river corridor. This regulation establishes standards and requirements for the use and conservation of land and water within the district in recognition of the river's eligibility for designation under the National Wild and Scenic Rivers Act. The regulation also contributes to the regional conservation of the river corridor.

(b)

Purpose: The purposes of the Lumber River Protection Overlay District are to:

(1)

Protect life, public safety and property from flooding hazards;

(2)

Prevent any alterations to the natural flow of the river in order to maintain its recreational opportunities, environmental attributes, and historic features;

(3)

Prevent water pollution caused by erosion, sedimentation, nutrient or pesticide runoff, and poorly sited waste disposal facilities;

(4)

Enhance and preserve existing scenic or environmentally sensitive areas along the shoreline;

(5)

Conserve shore cover and encourage environmentally sensitive developments;

(6)

Preserve and maintain the groundwater table and water recharge areas;

(7)

Conserve the river's floodplain to maintain its vital ecological and flood storage functions;

(8)

Protect fisheries and wildlife habitat within and along the river.

(c)

Definition of the boundaries of the district: The Lumber River Protection Overlay District shall consist of the following areas:

(1)

The river which shall be defined as the area between the river's edges measured at a mean water level of 105 feet National Geodetic Vertical Datum of 1929, (NGVD 1929).

(2)

A buffer strip consisting of 100 feet measured landward and horizontally from the river's edge as defined above in subsection 35-141(c)(1).

(d)

Standards and requirements:

(1)

No new buildings or structures shall be erected within, or moved into, the buffer strip. Buildings and structures existing within the buffer strip on the effective date of this regulation may be maintained, repaired, improved and enlarged provided it is done in such a way so as to minimize disturbance of vegetation and other natural features in accordance with the purposes of this regulation. Where there is construction and/or grading, the removal of trees or shrubs further than 20 feet from the edge of a foundation, or five feet from the edge of a graded area shall be considered disturbance of vegetation and other natural features.

(2)

New on-site septic systems, including both primary and reserve areas, may not be located within the buffer strip. Repairs to existing septic systems may be allowed within the buffer strip.

(3)

Excavation or removal of sand, gravel or other earth material within the buffer strip shall be prohibited. Grading or other surface alterations necessary for the primary use of the lot may be performed within the buffer strip provided that it is done in such a way as to minimize disturbance of vegetation and other natural features in accordance with the purposes of this regulation.

(4)

To minimize erosion, stabilize the riverbank, protect water quality, keep nutrients out of the water, maintain water temperature at natural levels, preserve fish and wildlife habitat, screen man-made structures where possible, and also to preserve aesthetic values of the natural river area, vegetation shall be maintained within the buffer strip. Clear cutting of trees and shrubs is prohibited within the buffer strip. Trees and shrubs may be selectively pruned or removed to achieve a filtered view of the river from the principal building or structure, and for reasonable private access to the river. Pruning and removal activities shall insure that (a) the stump and root structure remain in place to provide for streambank stabilization and erosion control and (b) paths to the river shall meander down to the river's edge in a manner which protects the soil and vegetation from erosion while also screening man-made structures and vehicles where possible. Dead, diseased, unsafe or fallen trees and noxious plants and shrubs may be removed. Planting of perennial native species in the buffer strip is encouraged, especially where exposed soil and steep slopes exist.

(5)

No impoundments, dams or other obstructions to the flow of the Lumber River may be located within the district.

(6)

Nothing in this regulation shall prohibit the construction, installation or maintenance of sewer pipes, storm drain pipes, utility poles, sewer plant outfalls or raw water intakes, hiking paths, bridges or other municipal projects or utilities, provided that the construction and design of these projects or utilities is done in such a way so as to minimize disturbance of vegetation and other natural features in accordance with the purposes of this regulation.

(e)

Special exception: Uses and activities allowed in the underlying zoning district may be permitted within the district by special use permit subject to the requirements of section 35-54 and only under the following specific conditions, standards and requirements.

(1)

Special exception for the development of a lot existing at the time of the adoption of this regulation where there is no established principal building or use.

(2)

Conditions: Where there is a lot which existed at the time of the effective date of this regulation (28 April 1998) and said lot has no principal building or use, and said lot does not contain sufficient depth for a buffer strip as defined herein, or said lot contains sufficient land for the buffer strip but does not contain sufficient additional depth to permit establishing a building or use of the lot permitted in the underlying zoning district:

Under these conditions the city council may approve development within the buffer strip by special use permit subject to the following specific standards and requirements:

a.

The applicant shall submit a site plan and provide documentation that the above conditions apply and that the proposal is designed to minimize disturbance within the district.

b.

The city council shall permit a reduction of the buffer strip by no more than is necessary to provide for establishment of a principal building, structure or use permitted in the underlying zoning district and for necessary accessory buildings and structures.

(3)

Special exception for the extension or enlargement of existing structures located on existing lots within the buffer strip.

Conditions: Where there is a principal building or structure located within the Buffer Strip, and both the building or structure and the lot on which it is located existed on the effective date of this regulation. Under these conditions such building or structure may be extended or enlarged within the buffer strip by special use permit approved by the city council subject to the following standards and requirements:

The applicant shall submit a site plan and provide documentation that the above conditions apply and that the proposal is designed to minimize disturbance within the buffer strip, especially between the river and the existing building or structure. Nothing in this section shall prohibit or require a permit for the ordinary repair and maintenance of existing buildings or structures within the district.

(4)

Removal of timber within district. The city council may permit by special use permit the cutting of timber for forestry management purposes provided that such cutting is performed in accordance with an approved forest management plan prepared by a qualified forester which shall be submitted with the application. The city council may impose any additional conditions necessary to satisfy the purposes of this regulation.

(5)

Special exception for municipal improvement. Municipal improvements (such as water line, sewer line or needed recreational facility, necessary public access, ex. handicapped access ramp) which unavoidably must encroach upon the buffer strip are allowed provided the city demonstrates that there is no practical alternative for the provision of the needed utility or improvement outside of the district and that all measures will be taken to minimize the adverse impact of such improvement.

(f)

Activities permitted within the district without a zoning permit: The following activities may be carried out within the District without the necessity of a zoning permit.

(1)

The selective pruning or removal of trees or shrubs to:

a.

Maintain an existing view of the river from a principal structure;

b.

Provide foot access to the river by means of a path which meanders down to the river;

c.

Remove dead, diseased, unsafe or fallen trees and noxious plants and shrubs; and

d.

Promote the health and vitality of existing vegetation.

(2)

For these purposes and wherever permitted under this regulation, selective pruning and/or removal shall be done in a manner that:

a.

Promotes streambank stabilization and erosion control by maintaining stump and root structure wherever possible, and

b.

Provides the greatest possible screening of man made structures and objects.

(3)

Planting of perennial native species in the buffer strip is permitted and encouraged, especially where exposed soil and steep slopes exist.

(g)

Other permitted activities. Activities considered generally compatible with the purposes of this regulation shall include the following and similar activities:

(1)

Surveying and boundary posting, including approved fences for the purpose of marking boundary lines.

(2)

Non-intensive and non-commercial recreational uses not requiring structures, such as fishing and hiking.

(3)

Family garden plots as accessory to a residential use.

(4)

Continuation of a farming activity which is in existence on the effective date of this regulation.

(5)

Fire prevention activities.

(6)

Emergency operations.

(h)

Severability. If any subsection, sentence, term, or exception of this section, or any application thereof to any person or circumstance is adjudged unconstitutional or invalid, such adjudication shall not affect the validity of any remaining portion of this section or its application to any other person or circumstance.

(Ord. No. 1655, 4-27-98; Ord. No. 2021.06.02 , 6-9-21)

(a)

Definition of an overlay plan. An overlay plan is generally a plan which is applied over a previously established area(s), establishing additional, stricter standards and criteria for a predetermined area(s). In this case, in order to accomplish the goals described below, some conditions applicable to this overlay district may simply be different (as opposed to necessarily more restrictive only) than those which would ordinarily apply with the underlying zoning.

These standards are in addition to any established ordinances, plans, federal and state regulations, unless otherwise stated.

(b)

Boundaries of the project area. The boundaries of the proposed Mill Street redevelopment district and overlay plan (Map #1), "project boundary map" are described in exhibit "A", attached.

(c)

Objective. The overlay district was created to preserve the character and integrity of the neighborhood as it was originally conceived and reflect the changes and additions through the life of the historic East Lumberton Mill Village District. The district was also designed (1) to discourage inappropriate new construction and renovations in the neighborhood, (2) to provide a basis for rehabilitation, restoration or reconstruction of existing structures, (3) to create conditions which would facilitate and increase the likelihood of any economic incentives which may be available for the sustaining and improving of such communities, and (4) to provide a basis for consistent decisions concerning the neighborhood.

The objective is to establish a harmonious land use pattern, with adequate planned development of new and renovated residential structures, as well as, create an environment conducive to the development and improvement of residential structures within a defined area of East Lumberton. It is intended that these actions will be implemented over time and be coordinated with the needs of existing residents so that undue hardship or displacement is minimized. To the extent certain existing uses of property, if deemed non-compliant with the proposed ordinance, will continue to exist until such time the city undertakes redevelopment activities with respect to said properties.

(d)

Overlay district map, provisions and requirements. The provisions and requirements, within the district identified on the project boundary map, are as follows:

(1)

The permitted uses and special uses shall remain the same as allowed under the underlying zoning.

(2)

a.

Setbacks: In the overlay district, for new construction, front setbacks for detached and attached houses shall be within the minimum and maximum front setbacks for buildings within 500 feet along both sides of the same street in either direction and within ten feet of the front setback for the closest house on the same side of the street. For dual-frontage lots, the planning director may waive the adjacent setback rule requiring the subject house to be within ten feet of the closest adjacent house based on the context of the block. On corner lots, the front setback applies to all street facing facades.

Balconies, stoops, stairs, open porches, bay windows, and awnings are permitted to encroach up to five feet into the front setback area when this procedure is used to determine the setback.

The total of both side setbacks shall be equal to or greater than 30 percent of the lot width at the front building line; however no side setback shall be less than five feet.

Rear setbacks shall be 20 feet.

b.

Subdivisions - Lot sizes: Subdivisions shall be allowed in the overlay district subject to city ordinances. However, the minimum lot size in the overlay district shall be 5,400 square feet.

(3)

Uniformity with the existing structures within the project areas. All new residential construction, structures, additions, or alterations within the overlay district shall comply with the following standards:

a.

Global elements. Global design elements are design or construction elements that are shared by all mill houses, regardless of street or block context. All principal structures must maintain the following global design elements:

• Elevated slab or pier foundation;

• Lap siding;

• Open front porch minimum 6 feet deep (shed or hip roof);

• Raised panel door;

• 8 x 12 — 12 x 12 roof pitch;

• A paved driveway of 20-foot width if allowed by the size of the parcel; deviations from this width, and the length of the driveway, are to be approved by the city building inspector;

• A permanent foundation of brick or similarly attractive material;

• Brick or similarly substantial and attractive front steps;

• Two full bathrooms;

• Central heat and air;

• Energy efficient windows;

• Insulation per the applicable building codes; and

• A utility building tastefully installed in the back yard.

b.

Block elements. Block characteristics are specific patterns of repetition of construction and house styles which predominate on a street or block. Any new construction or addition must be consistent, to the extent practicable, with the existing structures on the block with regard to the following elements:

Consistent setbacks as described in (d)(2)a. above:

1.

Identified Mill Village House style.

2.

Distance between houses.

c.

Additions. Additions shall be to the rear or side of the principal structure or existing attic space may be altered to create habitable space.

1.

Side additions shall be recessed 1/4 of the width of the front facade of the principal structure and constructed out of the same materials.

2.

Rear additions may encroach up to 15 feet into the rear setback provided that in no case can the addition be closer than ten feet from the property line.

3.

Attic alterations shall not change the overall height of the principal structure and shall not change the exiting pitch of the primary roof.

d.

Exterior wall coverings. If siding is to be repaired or replaced, the replacement siding shall be consistent with the original siding, scale and direction. Wood clapboard siding is preferred; however, cementitious, vinyl, or other horizontal sheet siding is permitted provided:

1.

The siding mimics the appearance of wood grain lap siding; and

2.

Window trim, corner boards, and fascia are left in place or replaced with new material consistent with the original materials.

e.

Porches.

1.

Front porches shall not be enclosed with screen, glass, or other material.

2.

Porches should have shed or hip roofs compatible with the surrounding structures.

3.

Porches greater than 18 inches high should use wood or wrought iron rails, or materials with similar appearance.

4.

New decks and screened in or otherwise enclosed porches are permitted provided they are located to the rear of the structure and screened from the street view.

f.

Mechanical systems. Mechanical systems where practical should be located out-of-sight from public right-of-ways or screened with shrubs or fencing. For the purposes of this subsection, "mechanical systems" shall be defined to include, but not be limited to:

1.

Air conditioning and heating condensers;

2.

Window units, or other exterior units;

3.

Exterior staircases with access to second or third story apartments;

4.

Satellite dishes;

5.

Solar collectors; and

6.

Electric and gas meters.

g.

Parking and driveways.

1.

Parking areas should be located at the side or rear of the house when practical.

2.

Parking and driveway areas shall be clearly distinguished from other parts of the yard and should be constructed of an impervious surface.

3.

Builders are encouraged to utilize the approved tightlines designs home plans as provided by Rebuild NC (available from the planning department) but conforming alternatives will be approved by the planning director on a case by case basis, so long as the design is in substantial conformity.

h.

Rezoning applications to districts other than residential shall be discouraged as being inconsistent with the overlay.

i.

Accessory buildings shall be constructed in general similarity to the primary structure with regards to items such as roof slope, roofing and siding materials, and exterior color.

(e)

General regulations and controls. In addition to the regulations of the East Lumberton Mill Village Overlay District, development must follow the general regulations and controls of the City of Lumberton's Code of Ordinances, the City of Lumberton's Land Use Plan, federal and state regulations. The overlay requirements shall prevail over other inconsistent city provisions.

(f)

Exceptions to applicability, conflicts of law.

(1)

Nothing contained herein shall repeal, modify, or amend any federal or state law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; however, the adoption of this section shall and does amend any and all ordinances, resolutions, and regulations in effect in the City of Lumberton at the time of the adoption of this section that may be construed to impair or reduce the effectiveness of this section or to conflict with any of its provisions.

(2)

It is not intended that these regulations interfere with any legally enforceable easement, covenants or other agreements. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall control.

(g)

East Lumberton Mill Village Overlay District. Beginning at a found mag nail in the centerline of Carolina Avenue at its intersection with East street, said found mag nail being located South 30 degrees 26 minutes 02 seconds West 63.54 feet from a found mag nail at the intersection of Carolina Avenue and First Street; thence from said beginning and with said East Street South 70 degrees 36 minutes 15 seconds East 428.05 feet to a point; thence with a curve to the left, having a radius of 154.000 feet, with a chord North 80 degrees 21 minutes 01 seconds East 149.54 feet to a point of reverse curve; thence with a curve to the right, having a radius of 140.923 feet, with a chord North 66 degrees 11 minutes 47 seconds East 72.43 feet to a point; thence North 81 degrees 05 minutes 18 seconds East 172.31 feet to a found mag nail in the centerline intersection of East Street with Hollywood Street; thence with a curve to the left, having a radius of 878.130 feet with a chord South 06 degrees 17 minutes 31 seconds East 189.22 feet to a point; thence with a curve to the left, having a radius of 204.260 feet with a chord South 38 degrees 30 minutes 50 seconds East 175.70 feet to a point; thence South 63 degrees 23 minutes 09 seconds East 192.35 feet; thence with a curve to the right, having a radius of 270.700 feet with a chord South 27 degrees 08 minutes 42 seconds East southeast 316.39 feet to a point; thence South 09 degrees 07 minutes 35 seconds West 580.30 feet to a found mag nail; thence with a curve to the left, having a radius of 523.286 feet with a chord South 32 degrees 00 minutes 55 seconds West south 406.00 feet to a found mag nail; thence South 54 degrees 49 minutes 39 seconds West 665.79 feet to a point; thence with a curve to the left, having a radius of 118.773 feet with a chord South 83 degrees 56 minutes 41 seconds West 115.59 feet to a point; thence North 66 degrees 56 minutes 16 seconds West 665.18 feet to a found nail; thence North 66 degrees 50 minutes 31 seconds West 199.63 feet to a found nail; thence North 66 degrees 50 minutes 44 seconds West 414.65 feet to a point; thence with a curve to the right, having a radius of 670.00 feet with a chord South 58 degrees 02 minutes 38 seconds East 205.04 feet to a point; thence North 49 degrees 14 minutes 31 seconds West 218.06 feet to a point; thence North 44 degrees 25 minutes 34 seconds West 507.53 feet to a found mag nail; thence North 54 degrees 21 minutes 38 seconds East 1149.34 feet to a point on bank of a ditch; thence South 75 degrees 23 minutes 15 seconds East 498.15 feet to a set mag nail in the centerline of Carolina Avenue; thence North 23 degrees 04 minutes 52 seconds East 249.30 feet to a found mag nail; thence North 26 degrees 40 minutes 41 seconds East 199.77 feet to the point of beginning containing 84.35 acres more or less.

The description above creates a boundary of The East Lumberton Mill Village District. The boundary lines above are not existing property lines but lines in roadways and ditches.

(h)

Any provision in this Code section (the overlay ordinance) which would legally be considered a 'building design element' under NCGS 160A-381 shall be considered a guideline, and not an outright legal requirement, and shall be discussed with city staff in an effort to ensure as much consistency with the intent of the overlay district as possible.

(Ord. No. 2021.06.02 , 6-9-21)

The following watershed protection overlay districts are hereby established.

WS-IV-CA (Critical area).

WS-IV-PA (Protected area).

These districts are intended to protect the public water supply as required by NCGS 143, Art. 21.

(Ord. No. 1715, 2-22-99; Ord. No. 2021.06.02 , 6-9-21)

(a)

There shall be a map known and designated as the "Official Zoning Map," which shall show the boundaries of all zoning districts within the city's planning jurisdiction. This map shall be drawn on acetate or other durable material from which prints can be made, shall be dated, and shall be kept in the planning and neighborhood services department.

(b)

The official zoning map dated June 17, 1985 is adopted and incorporated herein by reference. Amendments to this map shall be made and posted in accordance with section 35-143.

(c)

Should the official zoning map be lost, destroyed, or damaged, the administrator may have a new map drawn on acetate or other durable material from which prints can be made. No further council authorization or action is required so long as no district boundaries are changed in this process.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

Amendments to the official zoning map are accomplished using the same procedures that apply to other amendments to this chapter, as set forth in article XX.

(b)

The administrator shall update the official zoning map as soon as possible after amendments to it are adopted by the council. Upon entering any such amendment on the map, the administrator shall change the date of the map to indicate its latest revision. New prints of the updated map may then be issued.

(c)

No unauthorized person may alter or modify the official zoning map.

(d)

The planning and neighborhood services department shall keep copies of superseded prints of the zoning map for historical reference.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)