This chapter has been formulated to promote health, safety and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Consideration has been given to, among other things, the character of each of the districts and its suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the community.

(Code 2007, § 155.001; Ord. of 12-11-1985, art. I, § 1; Ord. of 11-15-2010, § 155.001)

The provisions of this chapter shall apply to the area within the corporate limits of the town and to the area within one mile of the corporate limits referred to as the extraterritorial jurisdiction agreed to by the county board of commissioners and the town council.

(Code 2007, § 155.002; Ord. of 12-11-1985, art. I, § 2; Ord. of 11-15-2010, § 155.002)

The provisions of this chapter are adopted under authority granted by the general assembly of the state, particularly G.S. 160D-702 to 160D-706.

(Code 2007, § 155.003; Ord. of 12-11-1985, art. I, § 3; Ord. of 11-15-2010, § 155.003)

(a)

All applications for special uses, variances and temporary permits shall be evaluated under the specific criteria listed within this chapter. Unless otherwise specified in the district, all those applications shall be subject to the procedures under article II of this chapter.

(b)

Findings justifying a decision regarding a discretionary permit shall be made in writing and shall be provided to the applicant.

(c)

The granting of a discretionary permit maybe subject to conditions as are reasonably necessary to protect the public health, safety or general welfare from potentially deleterious effects resultant from approval of the permit, or to fulfill the public need for public service demands created by approval of the request.

(Code 2007, § 155.004; Ord. of 8-22-1989; Ord. of 11-15-2010, § 155.004)

The zoning administrator may allow a special use, after a public hearing as required by law providing that the applicant provides evidence substantiating that all the requirements of this chapter relative to the proposed use are satisfied, and demonstrates that the proposed use also satisfies the following criteria:

(1)

The use is listed as a conditional use in the underlying district;

(2)

The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, existence of improvements and natural features;

(3)

The site and proposed development is timely, considering the adequacy of transportation systems, public facilities and services existing or planned for the area affected by the use;

(4)

The proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs or precludes the use of surrounding properties for the primary uses listed in the underlying district; and

(5)

The proposal satisfies the goals and policies of the land use plan which apply to the proposed use.

(Code 2007, § 155.005; Ord. of 8-22-1989; Ord. of 11-15-2010, § 155.005)

(a)

To authorize an appeal in specific cases, the variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. In granting any variance, the board of adjustments may prescribe appropriate conditions and safeguards in conformity with this chapter. A variance from the terms of this chapter shall not be granted by the board of adjustments unless and until the following findings are made:

(1)

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;

(2)

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

(3)

That the special conditions and circumstances do not result from the actions of the applicant; and

(4)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other land, structures, or buildings in the same district.

(b)

Appeals from the decision of the town council or the board of adjustments shall be to the county superior court by proceedings in the nature of certiorari.

(Code 2007, § 155.006; Ord. of 8-22-1989; Ord. of 11-15-2010, § 155.006)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use means a use customarily incidental and subordinate to the principal use or building, located on the same lot with the principal use or building, and used by the occupant of the primary use.

Apartment house. See Dwelling, multifamily.

Billboard means:

(1)

Any area or device on or by which lettering or pictorial material is displayed for the purpose of directing attention to a profession, business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.

(2)

Any notice or advertisement, pictorial or otherwise, with an area of more than 250 square feet, and also all signs used as an outdoor display for the purpose of making anything known, the origin or place of sale of which is not on the lot with the display.

Building means a structure with roof supported by columns or walls, intended to provide shelter for persons, property, animals or business activity. Includes roof, gutters, walls, downspouts, porches, foundation, crawl spaces, windows, floors and doors. The term "building" is inclusive of the terms "structure" and "establishment." To the extent the definition adopted or used in this chapter of the term "building," "dwelling," "dwelling unit," "bedroom, or "sleeping unit" is inconsistent with any definition of the same in state statutes or regulations adopted by state agencies, the definition in state law shall control and be applied.

Building, accessory, means a subordinate building, the use of which is incidental to that of a principal building on the same plot.

Building height means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.

Building inspector means the official charged with the enforcement of any and all building codes and minimum housing/building standards which have been or may be adopted, by the town.

Building, principal, means a building in which is conducted the principal use of the plot on which it is situated.

Building setback line means a line establishing the minimum allowable distances between the nearest portion of any building, excluding the outermost three feet of any uncovered porches, steps, gutters and similar fixtures, and the property line or street right-of-way when measured perpendicularly thereto.

District means any section of the town in which zoning regulations are uniform.

Duplex means a detached building with two separate dwelling units, each unit being designed for or occupied exclusively by one family.

Dwelling means a building or portion thereof designed, arranged or used for permanent living quarters for one or more families. The term "dwelling" shall not include a motel, hotel, tourist home, travel trailer or other structures designed for transient residence.

Dwelling, multifamily, means a building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses.

Dwelling, single-family, means a detached building designed for or occupied exclusively by one family.

Dwelling, two-family, means a building or portion thereof used or designed as a residence for two families living independently of each other and contain their own cooking therein, including apartment houses.

Dwelling unit means a building or portion thereof designed, arranged or used for living quarters for one family.

Earth station dish antenna means an antenna whose purpose is to receive communications or other signals from orbiting satellites and other extraterrestrial sources.

Family means an individual or two or more persons related by blood, marriage or adoption living together as a single housekeeping unit, or a group of not more than two persons, who need not be related by blood, marriage or adoption, living together as a single housekeeping unit.

Home occupation means any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no display, no stock-in-trade nor commodity sold upon the premises and no person, not a resident of the premises, is employed in connection with the home occupation. This occupation shall be carried on solely within the main dwelling and shall not occupy more than 25 percent of the floor area of the dwelling. Beauty parlors and barbershops shall not be construed as home occupations.

Internet sweepstakes means a for profit business enterprise, whether as a principal or an accessory use, where persons utilize electronic machines, including, but not limited to, computers and gaming terminals, to conduct games of chance, including sweepstakes, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. The term "Internet sweepstakes" includes, but is not limited to, Internet cafes, Internet sweepstakes, beach sweepstakes or cybercafes. The term "Internet sweepstakes" does not include any lottery approved by the state or any business enterprise that conducts the forgoing activity for less than ten hours per week.

Junkyard means any land or area used, in whole or in part, for commercial storage and/or sale of wastepaper, rags, scrap, metal or other junk, and including storage of motor vehicles and dismantling of those vehicles or machinery.

Lot means a parcel of land in single ownership, occupied or intended for occupancy by a principal building together with its accessory buildings, including the open space required under this chapter. The term "lot" shall be taken to mean any number of contiguous lots or portions thereof, upon which one principal building and its necessary buildings are located.

Lot depth means the average horizontal distance between front and rear lot lines.

Lot of record means a lot which is part of a subdivision, a plat of which has been recorded in the office of the register of deeds of the county prior to the adoption of the ordinance from which this chapter is derived, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of the ordinance from which this chapter is derived.

Manufactured or mobile home means a dwelling unit that:

(1)

Is not constructed in accordance with the standards set forth in the state building code;

(2)

Is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis; and

(3)

Exceeds 40 feet in length and eight feet in width.

Manufactured home, Class A, means a manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the United States Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:

(1)

The manufactured home has a length not exceeding four times its width;

(2)

The pitch of the manufactured home's roof has a minimum vertical rise of 2 2/10 feet for each 12 feet of horizontal run and the roof is finished with a type of shingle that is commonly used in standard residential construction;

(3)

The exterior siding consists predominantly of vinyl or aluminum siding (that does not exceed the reflectivity of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction;

(4)

A continuous, permanent masonry foundation or curtain wall, unpierced except for required ventilation and access, is installed under the manufactured home; and

(5)

The tongue, axles, transporting lights and removable towing apparatus are removed subsequent to final placement.

Manufactured home, Class B, means a manufactured home constructed no earlier than 1970, which bears certification of compliance with NFPA or ANSI Standards recommended at the time of construction, but which does not meet one or more of the criteria necessary to qualify the home as a Class A manufactured home.

Manufactured home, Class C, means any manufactured home that does not meet the definitional criteria of a Class A or Class B manufactured home.

Modular home means a dwelling unit constructed in accordance with the standards set forth in the state building code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two or more sections transported to the site in a manner similar to a manufactured home (except that the modular home meets the state building code), or a series of panels or room sections transported on a truck and erected or joined together on the site.

Motel ormotor lodge means a building or a group of buildings, containing sleeping rooms, designed for or used temporarily by automobile transients, with garage or parking space conveniently located to each unit, provided that there is a total of 500 square feet of open yard space on the lot for each transient unit, and that there is 2,000 square feet of open yard space for each dwelling unit.

Multifamily development consists of two or more dwelling structures on a single property, each structure consisting of at least two dwelling units.

Nonconforming use means the use of a building or land which does not conform to the use or dimensional regulations of this chapter for the district in which it is located, either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments which may be incorporated into this chapter.

Parking space means the storage space for one automobile of not less than ten feet by 20 feet, plus the necessary access space. It shall always be located outside of the dedicated street right-of-way.

Planning board means the planning board of the town.

Roominghouses orboardinghouses means a dwelling wherein rooms are rented to persons other than members of a family (see Dwelling, multifamily). Only one dwelling unit shall be allowed in each roominghouse or boardinghouse.

Service station means any building or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, lubricants or tires; except, that indoor car washing, minor motor adjustment and flat tire repair are only performed incidental to the conduct of the service station.

Shelter, fallout, means a structure or portion intended to provide protection to human life during periods of danger to human life from radioactive fallout, air raids, storms or other emergencies.

Shopping center includes a convenience center, shopping mall and commercial center, defined as more than two commercial establishments, planned and constructed as a single unit with off-street parking and loading facilities provided on the property, and related in location, size and type of shops to the general trade area in the vicinity.

Sign means any area or device on or by which lettering or pictorial material is displayed for the purpose of directing attention to a profession, business, commodity, service or entertainment conducted, sold or offered upon the same lot.

Sign, flashing, means an illuminated sign on which the light is not constant in intensity and/or color at all times when in use. Any revolving or moving sign, illuminated or not, shall be considered a flashing sign.

Street means a thoroughfare which affords the principal means of access to abutting property and has been accepted for maintenance by the town or the state highway commission.

Tourist home means a dwelling wherein rooms are rented as a home occupation to provide overnight accommodations for transient guests.

Travel trailer means a structure that is:

(1)

Intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle); and

(2)

Designed for temporary use as sleeping quarters, but that does not satisfy one or more of the definitional criteria of a manufactured home.

Yard means an open space on the same lot with a principal building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

Yard, front, means an open space on the same lot with a principal building, between the front line of the building (exclusive of steps) and the front property of street right-of-way line and extending across the full width of the lot.

Yard, rear, means an open space between the rear line of the principal building (exclusive of steps) and the rear line of the lot and extending the full width of the lot and may be used for accessory buildings.

Yard, side, means an open, unoccupied space on the same lot with a building between the side line of the building (exclusive of steps) and the side lot line or the street right-of-way, and extending from the front yard line to the rear line.

Zoning administrator means the official charged with the enforcement of this chapter and all other land use regulations that have been or may be adopted by the town.

(Code 2007, § 155.015; Ord. of 12-11-1985, art.II, § 1; Ord. of 11-15-2010, § 155.007; Ord. of 7-14-2021)

(a)

Required.

(1)

No sign, earth station dish antenna or building, including, but not limited to, mobile, manufactured and modular homes, shall be erected, added to, structurally altered or moved, nor shall any building permit be issued for the erection, addition to, structural alteration or moving of any building until a zoning permit has been issued by the zoning administrator.

(2)

No zoning permit shall be issued, except in conformity with the provisions of this article.

(3)

There shall be a fee for all approved zoning permits.

(b)

Application process.

(1)

Generally.

a.

All applications for zoning permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the application shall include other information as lawfully may be required by the zoning administrator, including the exact size and location on the lot of existing or proposed buildings or alterations; existing or proposed uses of the buildings and land; and the number of families, house-keeping units or rental units the building is designed to accommodate; conditions existing on the lot; and any other matters which may be necessary to determine conformance with and provide for the enforcement of this chapter.

b.

One copy of the plans shall be returned to the applicant by the zoning administrator, after the zoning administrator has marked the copy as either approved or disapproved and attested to the same by his signature on the copy. The second copy of the plans, similarly marked, shall be retained by the town. Approved plans shall become part of any zoning permit issued and any deviation from the plans must be approved by the zoning administrator or the original permit shall become null and void.

(2)

Site plans.

a.

Site plans required in certain cases. Site plans and modifications to site plans for the following uses, when listed as permitted uses or conditional uses within a district, must be approved by the planning board and the town council before a building permit for construction may be issued:

1.

Multiple-family residential dwellings group development projects and group housing projects containing three or more dwelling units;

2.

Commercial buildings, including shopping centers, malls, hotels and motels and commercial uses;

3.

Apartment buildings;

4.

Condominiums;

5.

Townhouses;

6.

Hotels, motels or motor lodges;

7.

Business, commercial or industrial buildings;

8.

Recreational or entertainment parks, centers or structures and night clubs;

9.

Places of worship; and

10.

All other uses similar to but not included in those above-listed.

b.

Site plan requirements. Eight copies of a site plan prepared, stamped and endorsed by a registered engineer, surveyor or other person duly authorized by the state to practice as such, shall be submitted no later than ten days prior to the next regular meeting of the planning board. One copy of each site plan shall be delivered by the building inspector to the town, county or state officials and departments as the town council may direct. Each like town official shall review the site plan and report any recommendations or comments in writing (as well as return their respective copy of the site plan) no later than five days prior to the next regular meeting of the planning board. The planning board may require review of the site plan by a traffic engineer, sanitary engineer, soil scientist, coastal ecologist, urban planner or other advisor before granting approval. In addition to any other requirements of the planning board or the building inspector, the site plan shall contain the following information:

1.

Property and ownership information:

(i)

Present recorded owner and the map book reference of the site property;

(ii)

Owner, lot numbers or map book and page reference of all adjacent properties;

(iii)

Boundary of the entire lot by course and distance;

(iv)

Width of the existing rights-of-way;

(v)

Nature or purpose, location and size of existing easements;

(vi)

Iron pins three-eighths-inch in diameter and 36 inches in diameter in length shall be shown and installed at all lot corners, points of tangents and any angle point along a given course on the lot; and

(vii)

Plan drawn to at least one inch to 100 feet scale showing North arrow.

2.

Existing features information:

(i)

Streets showing the type and width of pavement, curbs and sidewalks;

(ii)

Topographic features of the lot and existing grades for the lot, streets, storm drainage and the like; and

(iii)

All other underground utilities and facilities including gasoline tanks.

3.

Site improvements:

(i)

Proposed building type (brick or frame) number of floors and dimensions;

(ii)

Proposed first floor elevation shall be shown;

(iii)

Location of sanitary sewer facilities with connection to sewer system or septic tank;

(iv)

Layout and number of parking stalls shall be shown in accordance with section 15-566;

(v)

Finished grades shall be shown for the entire site; and

(vi)

A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre.

Before any proposed site plan shall be approved, tentative approval of the proposed sewage treatment and disposal facilities, by the county board of health or the state department having jurisdiction, shall be demonstrated to the planning board along with any dredge and fill permits required by law.

4.

Right-of-way improvements shall be made in accordance with the policy of the town council;

5.

Storm drainage shall be provided in accordance with the policy of the town council; and

6.

Location of on-site advertising sign and the distance of the sign from closest property line.

c.

Site plan approval.

1.

The planning board may approve, conditionally approve or reject any proposed site plan. Upon completion of review, and approval or conditional approval, the planning board will transmit their recommendations to the town council. The town council may approve, approve with specific requirements and conditions or disapprove any site plan. A rejected site plan may be resubmitted in accordance with this section when redrafted to meet the specifications of this chapter and upon payment of the filing fee.

2.

Upon final approval of the site plan and within 60 days of the approval, the zoning administrator may issue a zoning permit, provided that all other requirements of this chapter and all other local, state and federal requirements are met. If a building permit is not secured within 180 days from the date of final site plan approval, the applicant must resubmit the site plan for review by the planning board and the town council.

d.

Site plan modification. If, following the town council's conditional or final approval, the owner or developer desires to make a change in any of the factors listed in subsection (b)(2)b.2 of this section, the change must be approved by the planning board and town council.

(c)

Conditional use application procedure.

(1)

Certain applications for special use permits may be approved by the zoning administrator, when the requirements of all applicable provisions of this chapter are met. Conditional uses in this category include:

a.

Signs in any and all districts; and

b.

Earth station dish antennas.

(2)

When the zoning administrator disapproves a permit, the applicant may appeal the decision to the town council. The town council may approve special use permits, which have been denied by the zoning administrator, when findings are made that the spirit and intent of this chapter is preserved, that the conditional use will not adversely affect the public interest and taking into consideration the recommendation of the planning board.

a.

Written application for a special use permit shall be submitted no later than ten days prior to the next regular meeting of the planning board. The written application shall indicate the section of this chapter under which a permit is being sought and shall contain the information required by the appropriate section, including a site plan if required for the proposed use, and other information as may be required to ensure compliance with this chapter.

b.

All applications for special uses, variances and temporary permits shall be evaluated under the specific criteria listed within this chapter. Unless otherwise specified in the district, all like applications shall be subject to the procedures under this article.

c.

Findings justifying a decision regarding a discretionary permit shall be made in writing and shall be provided to the applicant.

d.

The granting of a discretionary permit may be subject to such conditions as are reasonably necessary to protect the public health, safety or general welfare from potentially deleterious effects resultant from approval of the permit, or to fulfill the public need for public service demands created by approval of the request.

(d)

Special use criteria. The town council may allow a special use, after a public hearing as required by law providing that the applicant provides evidence substantiating that all the requirements of this chapter relative to the proposed use are satisfied, and demonstrates that the proposed use also satisfies the following criteria:

(1)

The use is listed as a conditional use in the underlying district;

(2)

The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, existence of improvements and natural features;

(3)

The site and proposed development is timely considering the adequacy of transportation systems, public facilities and services existing or planned for the area affected by the use;

(4)

The proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs or precludes the use of surrounding properties for the primary uses listed in the underlying district; and

(5)

The proposal satisfies the goals and policies of the land use plan which apply to the proposed use.

(e)

Variances.

(1)

To authorize an appeal in specific cases, variances from the terms of this chapter will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. In granting any variance, the board of adjustments may prescribe appropriate conditions and safeguards in conformity with this chapter. A variance from the terms of this chapter shall not be granted by the board of adjustments unless and until the following findings are made:

a.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;

b.

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

c.

That the special conditions and circumstances do not result from the actions of the applicant; and

d.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.

(2)

Appeals from the decision of the town council or the board of adjustments shall be to the county superior court by proceedings in the nature of certiorari.

(Code 2007, § 155.016; Ord. of 12-11-1985, art. III, § 1; Ord. of 6-11-1996; Ord. of 11-15-2010, § 155.008)

In addition to the zoning and building permits covered elsewhere, a permit for any construction within the public right-of-way and any permits required by the town sedimentation and erosion control ordinance shall be obtained prior to commencing any work and any other permits required by local, state and federal law.

(Code 2007, § 155.017; Ord. of 12-11-1985, art. III, § 2; Ord. of 11-15-2010, § 155.009)

(a)

Generally.

(1)

No land shall be used or occupied (except for agricultural purposes) and no building shall be used, or its use changed, until a certificate of occupancy shall have been issued by the building inspector stating that the building and/or the proposed use thereof complies with the provisions of this chapter.

(2)

A like certificate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use.

(3)

A certificate of occupancy either for the whole or a part of a building shall be applied for coincident with the application for a building permit and shall be issued or denied within ten days after, the erection or structural alterations of the building or part have been completed.

(4)

A record of all certificates of occupancy shall be kept on file in the office of the building inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building erected.

(b)

Temporary certificate.

(1)

The building inspector may issue a temporary certificate of occupancy for bazaars, carnivals, religious revivals, construction offices and similar uses.

(2)

This certificate shall be issued for a fixed period of time, but not to exceed 90 days, and shall be subject to limitations as the building inspector may impose to protect the character of the district affected.

(Code 2007, § 155.018; Ord. of 12-11-1985, art. III, § 3; Ord. of 11-15-2010, § 155.010)

(a)

For the purpose of this chapter, the town is hereby divided into 13 zoning districts, as follows:

(1)

R-20 Residential District;

(2)

R-20-MH Residential District (Mobile Homes);

(3)

R-15 Residential District;

(4)

R-15-MH Residential District (Mobile Homes);

(5)

R-10 Residential District;

(6)

R-6 Residential District;

(7)

MHP Mobile Home Park District;

(8)

H Historic District;

(9)

HC Historic Commercial District;

(10)

HR Historic Residential District;

(11)

C-1 Central Business District;

(12)

C-2 Highway Commercial District;

(13)

O-I Office and Institutional District;

(14)

I-L Light Industrial District; and

(15)

I-H Heavy Industrial District.

(b)

The boundaries of these districts are hereby established as shown on the official zoning map which is made a part of this chapter by reference.

(Code 2007, § 155.030; Ord. of 12-11-1985, art. IV; Ord. of 11-15-2010, § 155.011)

The R-20 Residential District is established as a district in which the principal use of land is for low density residential and agricultural purposes. The regulations of this district are intended to protect the agricultural sections of the community from an influx of uses likely to render it undesirable for farms and future development, and to ensure that residential development not having access to public water supplies and dependent upon septic tanks for sewage disposal will occur at sufficiently low densities to ensure a healthful environment.

(1)

Permitted uses. The following shall be permitted uses in R-20 districts:

a.

Permitted uses shall be single-family residences;

b.

Farming.

(2)

Conditional uses. Conditional uses are as listed below and in accordance with article IV of this chapter.

a.

Schools;

b.

Places of worship;

c.

Public/government uses, including:

1.

Public buildings;

2.

Public utility lines;

3.

Fire/police/rescue stations;

4.

Libraries;

5.

Noncommercial parks and recreation facilities;

d.

Off-premises signs and billboards;

e.

Tourist homes/bed and breakfast/room rentals;

f.

Funeral homes;

g.

Cellular/communication towers;

h.

Employees' quarters.

(3)

Accessory uses and buildings. The following accessory uses and buildings shall be permitted:

a.

Accessory buildings, as defined in section 15-456, provided that no accessory building shall be rented or occupied for gain.

1.

Rear property line: five feet; and

2.

Side property line: five feet.

b.

Earth station dish antennas, under the following conditions:

1.

Dishes must be located at least five feet off of the property line.

2.

All dishes must be fixed to an approved pole or house and may not be fixed to any type of tree/vegetation.

3.

Any dish larger than 32 inches by 23 inches must be located five feet off the property line in the side or rear yard only.

4.

If greater that four feet in diameter it must be located on the rear or side yard and be screened at least 75 percent with plantings (within three years), fencing or earth berms.

c.

Home occupations, as defined in section 15-456, shall be permitted.

(4)

Dimensional requirements. Dimensional requirements are as follows:

a.

Lot area. Minimum required lot area: 20,000 square feet;

b.

Lot width. Minimum required lot width: 100 feet;

c.

Front yard. Minimum required depth of front yard: 30 feet;

d.

Side yard.

1.

Minimum required width of any side yard: Ten feet;

2.

Minimum required width of any corner side yard: 30 feet;

e.

Rear yard. Minimum required depth of rear yard: 25 feet;

f.

Building height. No building shall exceed 35 feet or two stories in height; not including attic/unheated area.

(5)

Off-street parking. Off-street parking shall be provided as required in article V of this chapter;

(6)

Lot coverage. The total ground area covered by the principal building and all accessory buildings including any roofed area shall not exceed 30 percent of the total lot area; and

(7)

Corner visibility. On a corner lot, within the area formed by the centerlines of the intersection streets and a line joining points on the centerlines as a distance of 80 feet from their intersection, there shall be no obstruction to vision between a height of three feet and a height of ten feet above the average centerline grade of each street.

(Code 2007, § 155.031; Ord. of 12-11-1985, art. IV, § 1; Ord. of 11-15-2010, § 155.012)

This district is established to accomplish the purposes of the R-20 Residential District but to permit mobile homes as single-family residences.

(1)

Permitted uses. The following shall be permitted uses in R-20-MH districts:

a.

Single-family residences; farming; and

b.

Modular homes and manufactured homes, Class A, as single-family residences.

(2)

Conditional uses. Conditional uses are as listed below and in accordance with article IV of this chapter.

a.

Schools;

b.

Places of worship;

c.

Public/government uses, including:

1.

Public buildings;

2.

Public utility lines;

3.

Fire/police/rescue stations;

4.

Libraries;

d.

Noncommercial parks and recreation facilities;

e.

Off-premises signs and billboards;

f.

Tourist homes/bed and breakfasts/room rentals;

g.

Funeral homes;

h.

Cellular/communication towers;

i.

Employees' quarters.

(3)

Accessory uses and buildings. Accessory uses and buildings shall be the same as in R-20 Residential District.

a.

Accessory buildings, as defined in section 15-456, provided that no accessory building shall be rented or occupied for gain.

1.

Rear property line: five feet; and

2.

Side property line: five feet.

b.

Earth station dish antennas under the following conditions:

1.

Dishes must be located at least five feet off of the property line.

2.

All dishes must be fixed to an approved pole or house and may not be fixed to ant type of tree/vegetation.

3.

Any dishes larger than 32 inches by 23 inches must be located five feet off the property line in the side or rear yard only.

4.

If greater than four feet in diameter it must be located on the rear or side yard and be screened at least 75 percent with plantings (within three years), fencing or earth berms.

(4)

Dimensional requirements. Dimensional requirements are as follows:

a.

Lot area. Minimum required lot area: 20,000 square feet;

b.

Lot width. Minimum required lot width: 100 feet;

c.

Front yard. Minimum required depth of front yard: 30 feet.

d.

Side yard.

1.

Side yard. Minimum required width of any side yard: Ten feet;

2.

Corner side yard. Minimum required width of any corner side yard: 30 feet;

e.

Rear yard. Minimum required depth of rear yard: 25 feet;

f.

Building height. No building shall exceed 35 feet or two stories in height; not including attic/unheated area.

(5)

Off-street parking. Off-street parking shall be provided as required in article V of this chapter.

(6)

Lot coverage. The total ground area covered by the principal building and all accessory buildings including any roofed area shall not exceed 30 percent of the total lot area.

(7)

Corner visibility. On a corner lot, within the area formed by the centerlines of the intersection streets and a line joining points on the centerlines as a distance of 80 feet from their intersection, there shall be no obstruction to vision between a height of three feet and a height of ten feet above the average centerline grade of each street.

(Code 2007, § 155.032; Ord. of 12-11-1985, art. IV, § 2; Ord. of 11-15-2010, § 155.013)

The R-15 Residential District is established as a district in which the principal use of land is for single-family residences. The regulations of this district are intended to discourage any use which, because of its character, would substantially interfere with the development of single-family residences in the district and which would be detrimental to the quiet residential nature of the areas included within this district.

(1)

Permitted uses. The following shall be permitted uses in R-15 districts: single-family residences.

(2)

Conditional uses. Permitted conditional uses shall be as listed below and in accordance with article IV of this chapter.

a.

Schools;

b.

Places of worship;

c.

Public/government uses, including:

1.

Public buildings;

2.

Public utility lines;

3.

Fire/police/rescue stations;

4.

Libraries;

d.

Noncommercial parks and recreation facilities;

e.

Off-premises signs and billboards;

f.

Tourist homes/bed and breakfast/room rentals;

g.

Funeral homes;

h.

Cellular/communication towers;

i.

Employees' quarters.

(3)

Accessory uses and buildings. Accessory uses and buildings shall be as follows:

a.

Accessory buildings, as defined in section 15-456, provided that no accessory building shall be rented or occupied for gain.

1.

Rear property line: five feet; and

2.

Side property line: five feet.

b.

Earth station dish antennas under the following conditions.

1.

Dishes must be located at least five feet off of the property line.

2.

All dishes must be affixed to an approved pole or house and may not be fixed to any type of tree/vegetation.

3.

Any dish larger than 32 inches by 23 inches must be located five feet off the property line in the side or rear yard only.

4.

If greater than four feet in diameter it must be located on the rear or side yard and be screened at least 75 percent with plantings (within three years), fencing or earth berms.

c.

Home occupations as defined in section 15-456 shall be permitted.

(4)

Dimensional requirements. Dimensional requirements are as follows:

a.

Lot area. Minimum required lot area: 15,000 square feet;

b.

Lot width. Minimum required lot width: 100 feet;

c.

Front yard. Minimum required depth of front yard: 30 feet;

d.

Side yard.

1.

Minimum required width of any side yard: Ten feet;

2.

Minimum required width of any corner side yard: 30 feet;

e.

Rear yard. Minimum required depth of rear yard: 25 feet;

f.

Building height. No building shall exceed 35 feet or two stories in height.

(5)

Off-street parking. Off-street parking shall be provided as required in article V of this chapter.

(6)

Lot coverage. The total ground area covered by the principal building and all accessory buildings including any roofed area shall not exceed 30 percent of the total lot area.

(7)

Corner visibility. Corner visibility shall have the same requirements as in the R-20 district.

(8)

Signs. Signs shall have the same requirements as in the R-20 district.

(Code 2007, § 155.033; Ord. of 12-11-1985, art. IV, § 3; Ord. of 11-15-2010, § 155.014)

This district is established to accomplish the purposes of the R-15 Residential District but to permit mobile homes as single-family residences.

(1)

Permitted uses. Permitted uses shall be:

a.

Single-family residences.

b.

Modular homes and manufactured homes, Class A, as single-family residences.

(2)

Conditional uses. Conditional uses are as listed below and in accordance with article IV of this chapter.

a.

Schools;

b.

Places of worship;

c.

Public/government uses, including:

1.

Public buildings;

2.

Public utility lines;

3.

Fire/police/rescue stations;

4.

Libraries;

5.

Noncommercial parks and recreation facilities;

d.

Off-premises signs and billboards;

e.

Tourist homes/bed and breakfast/room rentals;

f.

Funeral homes;

g.

Cellular/communication towers;

h.

Employees' quarters.

(3)

Accessory uses and buildings. Accessory uses and buildings shall be as follows:

a.

Accessory buildings, as defined in section 15-456, provided that no accessory building shall be rented or occupied for gain.

1.

Rear property line: five feet; and

2.

Side property line: five feet.

b.

Earth station dish antennas under the following conditions:

1.

Dishes must be located at least five feet off of the property line.

2.

All dishes should be fixed to an approved pole or house and may not be fixed to any type of tree/vegetation.

3.

Any dish larger than 32 inches by 23 inches must be located five feet off the property line in the side or rear yard only.

4.

If greater than four feet in diameter it must be located on the rear or side yard and be screened at least 75 percent with plantings (within three years), fencing or earth berms.

(4)

Dimensional requirements. Dimensional requirements are as follows:

a.

Lot area. Minimum required lot area: 15,000 square feet;

b.

Lot width. Minimum required lot width: 100 feet;

c.

Front yard. Minimum required depth of front yard: 30 feet;

d.

Side yards.

1.

Minimum required width of any side yard: ten feet; and

2.

Minimum required width of any corner side yard: 30 feet;

e.

Rear yard. Minimum required depth of rear yard: 25 feet;

f.

Building height. No building shall exceed 35 feet or two stories in height.

(5)

Off-street parking. Off-street parking shall be provided as required in article V of this chapter.

(6)

Lot coverage. The total ground area covered by the principal building and all accessory buildings including any roofed area shall not exceed 30 percent of the total lot area.

(7)

Corner visibility. Corner visibility shall have the same requirements as in the R-20 district.

(8)

Signs. Signs shall have the same requirements as in the R-20 district.

(Code 2007, § 155.034; Ord. of 12-11-1985, art. IV, § 4; Ord. of 11-15-2010, § 155.015)

The R-10 Residential District is established as a district in which the principal use of land is for single-family residences. The regulations of this district are intended to discourage any use which, because of its character, would substantially interfere with the development of single-family residences in the district and which would be detrimental to the quiet residential nature of the areas included within the district.

(1)

Permitted uses. Permitted uses shall be:

a.

Single-family residences;

b.

Duplexes; and

c.

Modular homes.

(2)

Conditional uses. Conditional uses are as listed below and in accordance with article IV of this chapter.

a.

Schools;

b.

Places of worship;

c.

Public/government uses, including:

1.

Public buildings;

2.

Public utility lines;

3.

Fire/police/rescue stations;

4.

Libraries;

d.

Noncommercial parks and recreation facilities;

e.

Off-premises signs and billboards;

f.

Tourist homes/bed and breakfast/room rentals;

g.

Funeral homes;

h.

Cellular/communication towers;

i.

Employees' quarters;

j.

Day care centers as home occupations with an outdoor play area of at least 100 square feet per child.

(3)

Accessory uses and buildings. Accessory uses and buildings shall be as follows:

a.

Accessory buildings, as defined in section 15-456, provided that no accessory building shall be rented or occupied for gain.

1.

Rear property line: five feet; and

2.

Side property line: five feet.

b.

Earth station dish antennas under the following conditions:

1.

Dishes must be located at least five feet off of the property line.

2.

All dishes must be fixed to an approved pole or house and may not be fixed to any type of tree/vegetation.

3.

Any dish larger than 32 inches by 23 inches must be located five feet off the property line in the side or rear yard only.

4.

If greater than four feet in diameter it must be located on the rear or side yard and be screened at least 75 percent with plantings (within three years), fencing or earth berms.

(4)

Dimensional requirements. Dimensional requirements are as follows:

a.

Lot area.

1.

Minimum required lot area for the first dwelling unit: 10,000 square feet.

2.

Minimum required lot area for a duplex structure: 14,000 square feet.

b.

Lot width. Minimum required lot width: 75 feet.

c.

Front yard. Minimum required depth of front yard: 30 feet.

d.

Side yard.

1.

Minimum required width of any side yard: Ten feet.

2.

Minimum required width of any corner side yard: 30 feet.

e.

Rear yard. Minimum required depth of rear yard: 20 feet.

f.

Building height. No building shall exceed 35 feet or two stories in height.

(5)

Off-street parking. Off-street parking shall be provided as required in article V of this chapter.

(6)

Lot coverage. The total ground area covered by the principal building and all accessory buildings including any roofed area shall not exceed 35 percent of the total lot area.

(7)

Corner visibility; signs. Signs shall have the same requirements as found in the corner visibility provisions in the R-20 district.

(Code 2007, § 155.035; Ord. of 12-11-1985, art. IV, § 5; Ord. of 11-15-2010, § 155.016)

The R-6 Residential District is established as a district in which the principal use of land is for single-family, two-family and multifamily residences. The regulations of this district are intended to provide areas of the community for those persons desiring small residences and multifamily structures in relatively high density neighborhoods. The regulations are intended to discourage any use which, because of its character, would interfere with the residential nature of this district.

(1)

Permitted uses. Permitted uses shall be:

a.

Any use permitted in the R-20 and R-10 districts, except farms;

b.

Multifamily residences; and

c.

Day care centers with an outdoor play area of at least 100 square feet per child.

(2)

Conditional uses. Conditional uses are as listed below and in accordance with article IV of this chapter.

a.

Schools;

b.

Places of worship;

c.

Public/government uses, including:

1.

Public buildings;

2.

Public utility lines;

3.

Fire/police/rescue stations;

4.

Libraries;

5.

Noncommercial parks and recreation facilities;

d.

Off-premises signs and billboards;

e.

Tourist homes/bed and breakfast/room rentals;

f.

Funeral homes;

g.

Cellular/communication towers;

h.

Employees' quarters.

(3)

Accessory uses and buildings. Accessory uses and buildings shall be as follows:

a.

Accessory buildings, as defined in section 15-456, provided that no accessory building shall be rented or occupied for gain.

1.

Rear property line: five feet; and

2.

Side property line: five feet.

b.

Earth station dish antennas under the following conditions:

1.

Dishes must be located at least five feet off of the property line.

2.

All dishes must be fixed to an approved pole or house and may not be fixed to any type of tree/vegetation.

3.

Any dish larger than 32 inches by 23 inches must be located five feet off the property line in the side or rear yard only.

4.

If greater than four feet in diameter it must be located on the rear or side yard and be screened at least 75 percent with plantings (within three years), fencing or earth berms.

(4)

Dimensional requirements. Dimensional requirements are as follows:

a.

Lot area.

1.

Minimum required lot area for the first dwelling unit: 6,000 square feet;

2.

Minimum lot area for duplex structure: 10,000 square feet;

3.

Minimum additional lot area per dwelling unit in excess of two: 3,500 square feet;

4.

Minimum additional lot area per dwelling unit in excess of two when the additional unit is on other than the ground floor: 2,000 square feet;

5.

Minimum required lot width: 60 feet.

b.

Front yard. Minimum required depth of front yard: 30 feet.

c.

Side yard.

1.

Minimum required width of any side yard for one or two-story dwelling (other than corner side yard): Ten feet;

2.

Minimum required width of any corner side yard: 30 feet; and

3.

Where the length of the structure side elevation facing or intended to face a side yard exceeds 30 feet in length, the minimum required side yard width shall be at least 20 percent of the total side elevation length for that portion of the building which lies or will lie on the near side of a centerline adjoining the midpoints of the front and rear property lines.

d.

Rear yard. minimum required depth of rear yard: 20 feet.

(5)

Off-street parking. Off-street parking shall be provided as required in article V of this chapter.

(6)

Lot coverage.

a.

The total ground area covered by the principal building and all accessory buildings including any roofed area shall not exceed 40 percent of the total lot area; and

b.

No building shall exceed 35 feet or two stories in height.

(7)

Corner visibility. Corner visibility shall have the same requirements as in the R-20 district.

(8)

Signs. Signs shall have the same requirements as in the R-20 district.

(Code 2007, § 155.036; Ord. of 12-11-1985, art. IV, § 6; Ord. of 11-15-2010, § 155.017)

The mobile home park district is established to provide an area for the development of mobile home parks.

(1)

Permitted uses. Permitted uses shall be residential uses in accordance with the requirements of the abutting residential zone or of the R-10 district, whichever are greater.

(2)

Conditional uses. Conditional uses shall be:

a.

Mobile home parks, when built and operated in accordance with the mobile home park ordinance of the town. Manufactured homes, Class A and Class B only, are permitted in mobile home parks; and

b.

Conditional uses in accordance with article IV of this chapter.

(3)

Dimensional requirements. Dimensional requirements shall be the same as in R-10 Residential Districts.

(Code 2007, § 155.037; Ord. of 12-11-1985, art. IV, § 7; Ord. of 11-15-2010, § 155.018)

(a)

Intent. It is the intent of this section and sections 15-496 and 15-497 to make provisions within this chapter to:

(1)

Safeguard the heritage of the town by preserving any area which reflects elements of historical, cultural, social, economic, political or architectural history;

(2)

Strengthen and improve property values in those areas;

(3)

Foster civic beauty;

(4)

Strengthen the local economy; and

(5)

Promote the use and preservation of the area for the education, welfare and pleasure of the residents of the town and of the state as a whole.

(b)

Authority. This section is hereby enacted by the town council in accordance with the provision of G.S. ch. 160A, article 19 (G.S. 160A-360 et seq.).

(c)

Conjunction with other ordinances. The provisions of this section shall operate in conjunction with sections 3-77 and 3-78, and in conjunction with applicable municipal ordinances.

(Code 2007, § 155.038; Ord. of 12-11-1985, art. IV, § 8; Ord. of 11-15-2010, § 155.019)

This historic commercial district shall be located solely in the historic district in the town, and provide certain offices, provide personal services and retain compatibility with preservation of the historic district. Appropriate appearance, ample parking, controlled traffic movement and suitable landscaping should be provided.

(1)

Permitted uses. Permitted uses shall be:

a.

Retail stores;

b.

Stores retailing antiques, floral supplies, bakeries, confectionaries, book, printing and gift shops;

c.

Services;

d.

Banks, tourist homes, funeral homes, restaurants, residential homes and studios;

e.

Professional; and

f.

Offices offering the following services: legal, medical, dental, real estate, insurance and architectural.

(2)

Conditional uses. Conditional uses shall be:

a.

Shops or residential homes to be viewed on tours;

b.

Agencies rendering specialized services, such as real estate and insurance;

c.

Signs in accordance with section 15-489; and

d.

Public uses such as churches, libraries, museums, art galleries, community centers and playgrounds.

(3)

Dimensional requirements. All dimensional requirements shall comply with dimensional requirements of the C-2 district.

(Code 2007, § 155.039; Ord. of 12-11-1985, art. IV, § 8; Ord. of 11-15-2010, § 155.020)

This historic residential district shall be located solely in the historic district in the town. It is established as a district in which the principal use of land is primarily for single-family residences, and residences or buildings for tours, study or display, but not active commercial. The land should retain compatibility with preservation of the historic district. It should provide an appropriate appearance, ample parking, controlled traffic movement and suitable landscaping.

(1)

Permitted uses. Permitted uses shall be any use permitted in R-15 district.

(2)

Conditional uses. Buildings or lands restored, to be restored or left in their natural state or condition, and to be toured, used or viewed by the public and which demonstrate historical heritage of the town. These lands shall not be used for commercial or industrial purposes.

(3)

Dimensional requirements. All dimensional requirements shall comply with dimensional requirements of the R-15 district.

(Code 2007, § 155.040; Ord. of 12-11-1985, art. IV, § 8; Ord. of 11-15-2010, § 155.021)

The regulations for this district are designed to permit a concentrated development within the central portion of the town with emphasis upon large stores and shops serving a regional retail trading area.

(1)

Permitted uses. Permitted uses shall be:

a.

Primary retail stores. Stores retailing notions, dry goods, shoes, clothing, jewelry, leather goods, gifts, books, flowers, cameras, toys, sporting goods, paint, pets, musical instruments, hobby and craft goods, drugs, magazines and candy, groceries, furniture, appliances, electrical and plumbing fixtures, wallpaper and paint, upholstery, antiques, automobiles, bicycles, motorcycles, farm machinery, radio and television, seed and feed;

b.

Offices. Business, financial, governmental, medical and professional offices and agencies;

c.

Services. Bus stations, banks, train stations, cab stands, parking lots, hotels, motels, theaters, bowling alleys, pool halls, radio and television broadcasting studios, barber and beauty shops, shoe repair, dry cleaning and laundry, restaurants, cafeterias, radio and television repair.

(2)

Conditional uses. Conditional uses are as listed below and in accordance with article IV of this chapter.

a.

Service stations or convenience stores which have a minimum lot area of 7,000 square feet with a frontage of not less than 100 feet. No portion of a service station building or equipment shall be nearer than 25 feet to the front property line. All automobile repair or storage shall be performed inside a structure.

b.

Residences on second floor of allowed use in district.

c.

Automobile, motorcycle or farm machinery sales and/or service.

(3)

Dimensional requirements. Dimensional requirements are as follows:

a.

Loading space. Buildings constructed or converted to commercial use after the effective date of the ordinance from which this chapter is derived which have access to a public alley shall provide off-street loading and unloading berths as required in section 15-567;

b.

Off-street parking. Off-street parking space shall be provided as required in section 15-767;

c.

Yard space. No yards are required; except, that if any of the parcel abuts a residential district, there shall be a 15-foot yard from that side, and if side yards are provided, they must be at least three feet in width; and

d.

Building height. Every building hereafter erected or structurally altered to exceed 35 feet in height shall be set back from the front lot line on a ratio of one foot for each two feet above 35 feet in height.

(Code 2007, § 155.041; Ord. of 12-11-1985, art. IV, § 9; Ord. of 11-15-2010, § 155.022)

These commercial districts are located on major highways and provide offices, personal services and retailing of durable and convenience goods for the community. Because these commercial uses are subject to the public view, which is a matter of important concern to the whole community, they should provide an appropriate appearance, ample parking, controlled traffic movement and suitable landscaping.

(1)

Permitted uses. Permitted uses shall be:

a.

Any use permitted in R-10 Residential District;

b.

Retail stores; stores retailing: groceries, drugs, notions, fish, meat, antiques, hardware, upholstery, paints, furniture, appliances, radio and television, automobiles, bicycles, motorcycles, farm equipment, paint and wallpaper, electrical and plumbing fixtures, nursery stock and supplies; and

c.

Services such as banks, tourist homes, barber and beauty shops, shoe repair, laundry and dry cleaning, restaurants, service stations, parking lots, radio and television repair, funeral homes, drive-ins dispensing foods, radio and television broadcasting stations, offices, signs and billboards, motels, shopping centers and animal hospitals as long as no boarding of animals, other than observation for medical evaluation purposes agencies rendering specialized services such as real estate, insurance, advertising, brokerage, stenographic, telephone answering or similar services; offices rendering professional services such as legal, medical, dental, engineering, architectural and similar institutions, museums and art galleries.

(2)

Conditional uses. Conditional uses shall be:

a.

Churches (subject to the conditions and regulations of sections 15-528 through 15-536);

b.

Signs which meet the requirements set forth in section 15-533;

c.

Internet sweepstakes. In addition to the findings of fact, in the town zoning ordinance, the following specific provisions shall be met as minimum standards prior to the approval of any business engaging in Internet sweepstakes:

1.

Days/hours of operation: businesses engaging in electronic gaming operations activities may operate from 7:00 am until 2:00 pm each day, six days per week. Operation of any kind is not allowed on any Sunday;

2.

All applicable permits must be issued to the applicant prior to the issuance of the special use permit and the opening of business. This chapter is applicable to the town's extra territorial jurisdiction (ETJ);

3.

If food or beverage is served, the establishment must meet the requirements of the county health department, including any and all necessary permits and/or licenses. The sale and/or consumption of any type of alcoholic beverage on the property of the establishment is not allowed;

4.

The establishment must be a minimum of 1,000 linear feet from any building used as a dwelling;

5.

The establishment must be a minimum of 1,000 linear feet from any church, synagogue, or temple and associated uses, including cemeteries congregate care facility; a public or private day care center; non-profit clubs; or any public or private school. The required separation from the above-listed uses applies whether the place of worship, school, child day care center, playground, or park is the principal use or an accessory use of the property;

6.

The establishment must be a minimum of 1,000 linear feet from any other organization engaged in an electronic gaming operations business;

7.

Measurement of distance separation shall be in a straight line from the closest point of the buildings at which the Internet cafe sweepstakes business is located;

8.

The applicant shall submit a current plot plan prepared within 30 days prior to application by a registered land surveyor depicting the following:

(i)

Property lines and the structures containing any existing electronic gaming businesses within 1,000 linear feet of the subject property;

(ii)

Property lines of any established church, synagogue, or temple and associated uses, including cemeteries congregate care facility; a public or private day care center; non-profit clubs; or any public or private school that is within 1,000 linear feet of the subject property;

(iii)

Property lines of any existing residential zoning district within 1,000 linear feet of the subject property;

9.

For the purposes of this section, a use shall be considered existing or established if it is in existence at the time and application is submitted;

10.

Must provide parking per article V of this chapter;

11.

Windows must be unobstructed (no treatments) for view from outside as a security issue for the town police department. Window tints, blinds, and shading may not be used in any way to deter visibility of ongoing activity inside;

12.

Exceptions to this chapter shall be authorized only by town council. Approval of a special use permit regarding such establishment in any location must be stated in an open meeting of town council.

(3)

Dimensional requirements. Dimensional requirements are as follows:

a.

Lot requirements shall be as follows:

1.

Minimum lot width shall be 75 feet.

2.

Minimum lot depth shall be 120 feet.

b.

Yard requirements shall be as follows:

1.

Minimum yard depth: Minimum yard depth shall be 40 feet from the street right-of-way line. The front yard shall be the yard adjoining the major street. The first five feet from the property line shall be developed for sidewalk, grass and plants, and shall not be used for any purpose except for the necessary drives and walks, and shall not include off-street parking;

2.

Minimum required width of any side yard: No side yard is required unless adjacent to a residential district then the minimum side yard is 20 feet.

3.

Minimum required depth of the rear yard: 20 feet.

c.

Building height shall be as required in the C-1 district.

d.

Off-street loading and unloading space shall be provided as required in section 15-538.

e.

Off-street parking space shall be provided as required in article V of this chapter.

f.

Dimensional requirements for residential uses shall be the same as the R-10 Residential District.

(Code 2007, § 155.042; Ord. of 12-11-1985, art. IV, § 10; Ord. of 10-28-1997; Ord. of 11-15-2010, § 155.023; Ord. of 7-14-2021)

The O-I Office and Institutional District is established as a district primarily for institutional uses, office uses and commercial activities having only limited contact with the general public, not involving the sale of merchandise at retail except incidentally. The regulations of this district are intended to encourage structures surrounded with ample open spaces including that for yards and for off-street parking and loading of vehicles.

(1)

Permitted uses. Permitted uses shall be:

a.

All uses permitted in the R-6 Residential District;

b.

Agencies rendering specialized services such as real estate, insurance, advertising, brokerage, stenographic, telephone answering or similar services;

c.

Offices rendering professional services such as legal, medical, dental, engineering, architectural and similar institutions;

d.

Hospitals, sanitariums, nursing homes, convalescent homes, rest homes, charitable institutions, medical clinics and dental clinics;

e.

Churches and related uses, public and private schools, libraries, museums and art galleries, parks, playgrounds, community centers, civic, fraternal uses;

f.

Municipal, county, state and federal offices and buildings not involving the outdoor storage of equipment or materials;

g.

Banks and other financial institutions;

h.

Studios for artists, designers, photographers and other similar activities; and

i.

Parking lots.

(2)

Dimensional requirements. Dimensional requirements are as follows:

a.

All residential lots shall meet the dimensional requirements of the R-6 Residential District; and

b.

All office and institutional uses shall comply with the dimensional requirements of the C-2 district.

(3)

Conditional uses. Manufactured offices and/or classrooms may be allowed as a conditional use provided the particular unit or structure adheres to United States Department of Housing and Urban Development Standards for a Class A manufactured structure effective July 1, 1976, and further, provided that the following additional criteria are satisfied:

a.

The manufactured structure has a length not exceeding four times its width;

b.

The pitch of the manufactured structure roof has a minimum vertical rise of 2 2/10 feet for each 12 feet of horizontal run;

c.

A continuous, permanent masonry foundation or curtain wall, designed for manufactured homes/offices, unpierced except for required ventilation and access is installed under the manufactured structure; and

d.

The tongue, axles, transporting lights and removable towing apparatus are removed subsequent to final placement.

(Code 2007, § 155.043; Ord. of 12-11-1985, art. IV, § 11; Ord. of 8-22-1989; Ord. of 11-15-2010, § 155.024)

The I-L district is established as a district in which the principal use of land is for industries which can be operated in a relatively clean and quiet manner and which will not be obnoxious to adjacent residential or business districts, warehousing and wholesaling activities with limited contact with the general public, and for certain outdoor amusement facilities which generate large volumes of automobile traffic. The regulations are designed to prohibit the use of land for heavy industry which should be properly segregated and to prohibit any other use which would substantially interfere with the development of industrial establishments in the district.

(1)

Permitted uses. Permitted uses shall be:

a.

Animal hospitals;

b.

Assembly of farm products, such as granaries and storage bins, but not fertilizer or tallow plants;

c.

Automobile sales and service;

d.

Bag manufacture;

e.

Bakery plants;

f.

Boat manufacture;

g.

Bottling works;

h.

Building materials storage and sales;

i.

Bus garages;

j.

Cabinet making;

k.

Carpenter's shop;

l.

Cemeteries;

m.

Circuses, carnivals, fairs, sideshows;

n.

Coal yards;

o.

Cold storage plant;

p.

Contractor's plant or storage yard;

q.

Dairy products processing;

r.

Dry cleaning and laundry plants;

s.

Electrical and industrial equipment repair and servicing, but not railroad equipment, farms;

t.

Farm machinery assembly repair and sales;

u.

Fertilizer storage and sales;

v.

Food processing in wholesale quantity, except meat, fish, poultry, vinegar;

w.

Grain elevators;

x.

Greenhouses and nurseries;

y.

Ground and facilities for open air games or sports;

z.

Ice plant;

aa.

Industrial research and educational facilities;

bb.

Laboratories for research and testing;

cc.

Leather goods manufacture;

dd.

Lumber yards;

ee.

Off-street parking facilities;

ff.

Optical and scientific instruments, jewelry and clocks, musical instrument manufacture;

gg.

Pharmaceutical products manufacture;

hh.

Printing, publishing and reproduction establishments;

ii.

Public utilities;

jj.

Repair and servicing of office and household equipment;

kk.

Service stations;

ll.

Sheet metal shops;

mm.

Shirt manufacture;

nn.

Sign manufacture, painting and maintenance;

oo.

Stone cutting, monument manufacture and sales;

pp.

Storage warehouses and yards;

qq.

Tinsmith shops;

rr.

Tire recapping and retreading;

ss.

Venetian blind manufacture, contractor and cleaning shop;

tt.

Warehouses;

uu.

Welding shops;

vv.

Wholesale and jobbing establishments, including incidental retail outlets for only the merchandise that is handled at wholesale; and

ww.

Wood working shops, millwork.

(2)

Dimensional requirements. Dimensional requirements are as follows:

a.

Yard requirements. No building shall be less than 30 feet from the street right-of-way line. No other yards are required, except where the rear of a lot abuts a residential district, there shall be a 20-foot rear yard and where a lot abuts upon the side of a lot zoned residential, there shall be a side yard of not less than the minimum required in the district on which it abuts. In cases where a side yard, when it is not required, is provided, it shall be at least five feet in width;

b.

Off-street loading and parking.

1.

Off-street loading and unloading space shall be provided as required in section 15-538;

2.

Off-street parking shall be provided as required in article V of this chapter.

c.

Signs. As required in section 15-533.

(3)

Conditional uses. Conditional uses shall be:

a.

Manufactured offices will be allowed in conjunction with an existing industry only. The manufactured office shall adhere to United States Department of Housing and Urban Developments Standards for a Class A manufactured home effective July 1, 1976, and must satisfy the following additional criteria:

1.

The manufactured office has a length not exceeding four times its width;

2.

The pitch of the manufactured office roof has a minimum vertical rise of 2 2/10 feet for each 12 feet of horizontal run;

3.

A continuous, permanent masonry foundation or curtain wall, designed for manufactured homes/offices, un-pierced except for required ventilation and access is installed under the manufactured home; and

4.

The tongue, axles, transporting lights and removable towing apparatus are removed subsequent to final placement.

b.

Signs in accordance with section 15-533.

(Code 2007, § 155.044; Ord. of 12-11-1985, art. IV, § 12; Ord. of 11-15-2010, § 155.025)

The I-H industrial district is established as a district in which the principal use of land is for heavy industries that by their nature may create some nuisance and which are not properly associated with nor compatible with residential, commercial and service establishments.

(1)

Permitted uses. Permitted uses shall be:

a.

Any use permitted in the I-L district;

b.

Airports and landing fields;

c.

Blacksmith's shop;

d.

Cooperage works;

e.

Enameling, lacquering or plating or galvanizing metals;

f.

Fertilizer manufacture;

g.

Foundries producing iron and steel products;

h.

Hatcheries;

i.

Industrial equipment machinery repair and servicing;

j.

Industrial chemical manufacture;

k.

Junkyards;

l.

Machine tools manufacture;

m.

Meat packing plants;

n.

Metal fabrication plants using plate and structural shapes and including boiler or tank works;

o.

Mixing plants for concrete, or paving materials and manufacture of concrete products;

p.

Oxygen manufacture and/or storage;

q.

Paper, pulp, cardboard and building board manufacture;

r.

Pottery, porcelain and vitreous China manufacture;

s.

Poultry dressing for wholesale;

t.

Rag, bag and carpet cleaning establishments;

u.

Railroad freight yard, terminals or classification yards, railroad car repair and manufacture;

v.

Soap, detergent and washing compound manufacture;

w.

Textile manufacture;

x.

Tobacco products manufacture;

y.

Tobacco stemming and redrying plants;

z.

Tobacco warehouse; and

aa.

Truck terminals, repair shops, hauling and storage yards.

(2)

Conditional uses. Conditional uses shall be:

a.

Signs in accordance with section 15-533;

b.

Manufactured offices will be allowed in conjunction with an existing industry only. The manufactured office shall adhere to United States Department of Housing and Urban Developments Standards for a Class A manufactured home effective July 1, 1976, and must satisfy the following additional criteria:

1.

The manufactured office has a length not exceeding four times its width;

2.

The pitch of the manufactured office roof has a minimum vertical rise of 2 2/10 feet for each 12 feet of horizontal run;

3.

A continuous, permanent masonry foundation or curtain wall, designed for manufactured homes/offices unpierced except for required ventilation and access is installed under the manufactured home; and

4.

The tongue, axles, transporting lights and removable towing apparatus are removed subsequent to final placement.

c.

Automobile wrecking yards and similar types of used material industries when conducted within a structure or on a lot enclosed by a solid fence at least six feet in height; provided the fence shall not be less than 50 feet from any street right-of-way line; and provided, further that the board of adjustments finds that a like wrecking yard or industry will not have an injurious effect on the public interest or welfare; and

d.

Wholesale storage of gasoline or bulk terminal plants for any flammable gases or liquids, provided that no storage takes place closer than 25 feet to any boundary line of the lot on which that storage is located.

(3)

Dimensional requirements. Dimensional requirements are as follows:

a.

Yard requirements:

1.

No building shall be less than 30 feet from the street right-of-way line;

2.

No other yards are required, except where the parcel abuts a lot zoned residential there shall be a side yard at least 100 feet in width; and

3.

If a side yard is provided, when it is not required it shall be at least five feet in width.

b.

Off-street loading: Off-street loading and unloading space shall be provided as required in section 15-538.

c.

Off-street parking: Off-street parking shall be provided as required in article V of this chapter.

(Code 2007, § 155.045; Ord. of 12-11-1985, art. IV, § 13; Ord. of 11-15-2010, § 155.026)

All the following conditional uses shall conform to the minimum requirements of the district in which they are permitted or to the requirements of this article, whichever are the most restrictive.

(Code 2007, § 155.055; Ord. of 12-11-1985, art. V; Ord. of 11-15-2010, § 155.027)

The following conditions and regulations shall apply to schools:

(1)

Off-street parking. One parking space for each bus or other vehicle owned and/or operated by the school and one off-street loading space for each ten pupils in the case of elementary and junior high schools, plus the regulations set forth in article V of this chapter;

(2)

Yard requirements. No building shall be erected closer than 100 from any lot line;

(3)

Access. Ingress and egress of vehicular traffic shall be on a major or minor thoroughfare; and

(4)

Approval. The location, site plan and building plans shall be approved by the state board of education, division of school plant planning and by the planning board.

(Code 2007, § 155.056; Ord. of 12-11-1985, art. V, § 1; Ord. of 11-15-2010, § 155.028)

The following conditions and regulations shall apply to places of worship:

(1)

Off-street parking: as required in article V of this chapter;

(2)

Yard requirements: same as those required for the district in which the use is located, plus 50 feet from any residential zoned parcel;

(3)

Access: as required in article V of this chapter;

(4)

Day care facilities: Day care facilities must have an outdoor play area of at least 100 square feet per child; and

(5)

Height: The minimum height requirements of the zoning district shall be observed; except, that the spire or belfry is exempt from the height limitations.

(Code 2007, § 155.057; Ord. of 12-11-1985, art. V, § 2; Ord. of 11-15-2010, § 155.029)

(a)

All public uses, including public buildings, public utility lines and substations, fire and police stations and similar facilities.

(b)

The following conditions and regulations shall apply to public uses:

(1)

Off-street parking: One parking space for each employee, plus on additional space for each five employees or a total of 1.2 parking spaces for each employee;

(2)

Yard requirements: same as those required for the district in which the use is located;

(3)

Access: same as required in section 15-529;

(4)

Characteristics: The facility shall be so designed that it blends into the character of the neighborhood; and

(5)

Signs: The only signs permitted shall be those necessary for safety and one identification sign of not more than two square feet and indirectly illuminated only and must conform to the requirements set forth in section 15-533.

(Code 2007, § 155.058; Ord. of 12-11-1985, art. V, § 3; Ord. of 11-15-2010, § 155.030)

The following conditions and regulations shall apply to noncommercial parks and recreation:

(1)

Off-street parking: shall be provided at a ratio of one parking space for each 100 square feet of gross building area, plus one space for each 50 feet of spectator area;

(2)

Yard requirements: Any building or facility intended to be an assembly place shall be at least 150 feet from any plot or lot line, and the intervening area shall be landscaped in keeping with the character of the general neighborhood; and

(3)

Access: the same as required in section 15-529(c).

(Code 2007, § 155.059; Ord. of 12-11-1985, art. V, § 4; Ord. of 11-15-2010, § 155.031)

(a)

Intent. It is the intent of this section to authorize the use of signs whose types, sizes and arrangements are compatible with their surroundings; appropriate to the type and intensity of activity to which they pertain, expressive of the identity of individual properties or occupants or of the community as a whole, legible in the circumstances in which they are seen, and appropriate to traffic safety.

(b)

Application; planning board and town council action. The application for a building permit for a sign or for a building which includes a sign shall be accompanied by a drawing which shows the size, location and design of all proposed signs. That drawing shall become as part of the application. Any sign not covered by the requirements of this section must be approved by the planning board and the town council using the intent and standards of this section.

(1)

Signs exempt from regulations. The following signs shall be permitted in all districts and not subject to the dimensional requirements of this chapter, except as regards to corner visibility, provided that no sign, other than those listed in this subsection (b)(1), shall be erected within or project into a public right-of-way:

a.

Governmental signs, such as traffic or similar regulatory devices, legal notices or warnings.

b.

Political signs for upcoming campaigns no larger than 40 square feet and posted no more than 60 days prior and must be removed 14 days after any primary, general or special elections.

c.

Flags or emblems not used as commercial advertising.

d.

Temporary signs, totaling not over two square feet of surface area on any lot not used as commercial advertising, and for a period not to exceed 14 days in any quarter calendar year. It shall be the responsibility of the person who erects a like sign to have it removed.

e.

Temporary off-site signs advertising a commercial activity such as a grand opening, going out of business sale, significant change in business situation, etc. The applicant must provide written proof of owners consent to place the sign and the sign may remain for a period of 90 days. These types of signs are not allowed in the historic district.

f.

Memorial plaques, cornerstones, historical tablets and similar devices.

g.

Noncommercial signs posted in conjunction with doorbells or mailboxes and not exceeding eight square inches in surface area.

h.

Sign required by law to be posted, unless specifically prohibited, limited or restricted.

i.

Small un un-illuminated signs, not exceeding two square feet in surface area, displayed strictly for the direction, safety or convenience of the public, including signs which identify restrooms, parking area entrances or exits, freight entrances and the like.

j.

Address signs, not exceeding 72 square inches in surface area and showing only the numerical address designation of the premises upon which they are located.

k.

Small un-illuminated announcement signs concerning the practice of a profession, the conduct of an incidental home occupation or other authorized occupation; provided it is not over two square feet in area and is mounted flat to the main wall of the building.

1.

Temporary un-illuminated real estate signs not over six square feet in area displayed on the property proposed for sale or rent and no closer than five feet to any property line.

2.

Signs for church and community identification no larger than 25 square feet in area located on private property but no closer than five feet to any property line.

(2)

Exceptions to regulation governing the projection of signs (all districts). The limitations of this chapter governing the projection of signs from buildings and across public rights-of-way shall not apply to signs on permitted marquees, canopies and awnings, but all other regulations pertaining thereto shall be applicable. Area required does not include supporting structure. Dimension requirements of each zoning district shall apply.

(3)

General requirements for billboards and signs.

a.

There shall be only one sign or billboard of an area not to exceed 250 square feet per building, establishment or lot;

b.

There shall be no rooftop signs or billboards and no portable signs;

c.

Signs located on the front of a marquee shall be affixed flat to the surface thereof and shall not extend vertically above or below the marquee;

d.

No sign or billboard which obstructs the view of, causes confusion or otherwise interferes with any authorized traffic sign, signals, or other safety devices shall be erected at any location:

1.

Notwithstanding any other provisions in this section, the following restrictions shall apply to signs in order to preserve the safety of pedestrian, bicycle, and vehicular movement;

2.

No sign, or part thereof, shall be located within a clear-vision area;

3.

No sign shall make use of the terms "stop," "slow," "caution," "danger" or any other word, phrase, symbol or character in a manner as is reasonably likely to be confused with traffic directional and regulatory signs;

4.

No sign or light shall be erected so that by its location, color, nature or message is likely to be confused with or obstruct the view of traffic signals or signs or is likely to be confused with the warning lights of an emergency or public safety vehicle;

5.

Except as used to display time and temperature, no sign shall contain flashing lights;

e.

Animated, rotating or other moving or apparently moving signs are prohibited;

f.

No sign or billboard shall be located within 50 feet of any residentially zoned lot, and in addition, if the lot on which the sign or billboard is located abuts a residential district, the sign or billboard shall be set back to meet the side, rear, and front setback requirements of the abutting residential lot;

g.

No flashing sign shall be located within 300 feet of any residentially zoned lot;

h.

Direct illuminated signs shall be limited to those lighted from behind or internally to silhouette letters and figures, so as to prevent a direct view of a light source; and

i.

Flood lighting and display lighting shall be shielded so as to prevent a direct view of the light source from a public right-of-way or from a residence in a residential district.

1.

All signs and billboards shall be kept in repair and in proper state of preservation.

2.

Signs which are no longer functional or are abandoned shall be removed or relocated by the owner of the sign or billboard within 30 days following the dysfunction.

(4)

Special requirements for signs or billboards in the zoning districts.

a.

Residential districts R-20, R-15, R-10, and R-6.

1.

No signs or billboards shall be allowed within any of the residential districts of the town, except those as may be described in subsection (b)(1) of this section.

2.

Signs in residential districts.

(i)

No sign shall be erected or displayed in any residential district except under subsection (b)(4) of this section or as provided below;

(ii)

Development identification signs containing the name only of a subdivision, multifamily development or planner development, provided the signs are not illuminated and are limited to one freestanding sign at each principal point of access to the development, 16 square feet in area per display surface, and a maximum height of six feet;

(iii)

Home occupation signs identifying a home occupation, provided the signs are not illuminated and are limited to one wall sign per lot and a maximum display surface area of three square feet; and

(iv)

Nonresidential signs identifying nonresidential uses permitted in residential districts provided those signs are not illuminated and are limited to one freestanding or wall sign per zoning and 16 square feet in area per display surface.

b.

C-2 Highway Commercial District.

1.

Billboards and flashing signs shall not be allowed within this district.

2.

There shall be no more than three separate signs per establishment and the signs total area shall not exceed 100 square feet with the largest over-all sign dimension being no more than 75 square feet or 20 percent of the building facade and may be lettered on both sides.

3.

In the case of a designed cluster of establishments, the sign requirements of each of the establishments within the cluster may be combined to form one sign of not greater than 150 square feet in area, for the purpose of serving the entire cluster.

4.

Freestanding signs shall not exceed 25 feet in height.

5.

All general requirements listed in subsection (b)(3) of this section shall apply.

c.

C-1 Central Business District.

1.

Freestanding signs will be allowed in this district only for those establishments with a minimum of 80 square feet of yard space, exclusive of rights-of-way, required parking area, sidewalks or loading space, provided that the sign is located in the yard space, and the minimum width of the yard space is four feet.

2.

No billboards of any type shall be allowed in this district.

3.

No sign shall be larger than 36 square feet or ten percent of the facade of the building front, whichever is less.

4.

All sign shall be mounted flat against the face of the building, and all letters and superscription thereon shall be parallel with the face of the building.

5.

No sign shall project more than one foot from the face of the building and shall not extend above the street level at a height of less than ten feet.

6.

All general requirements listed in subsection (b)(3) of this section shall apply.

d.

I-L and I-H districts.

1.

All requirements of subsection (b)(3)c of this section shall apply; except, freestanding signs shall be allowed, and the maximum size of any sign shall be 50 square feet.

2.

No freestanding sign or billboard shall exceed a height of 30 feet above the natural grade level of the structure.

3.

All general requirements of subsection (b)(3) of this section shall apply.

(Code 2007, § 155.060; Ord. of 12-11-1985, art. V, § 5; Ord. of 11-15-2010, § 155.032)

Refer to the individual district regulations for regulations regarding Earth station dish antennas.

(Code 2007, § 155.061; Ord. of 12-11-1985, art. V, § 6; Ord. of 11-15-2010, § 155.033)

The following requirements shall apply to tourist homes/bed and breakfasts:

(1)

Off-street parking: One parking space for each bedroom.

(2)

Signs: In accordance with section 15-533.

(3)

No meals shall be served to renters except for breakfast.

(4)

The building must comply with all applicable health and fire regulations.

(Code 2007, § 155.062; Ord. of 12-11-1985, art. V, § 7; Ord. of 11-15-2010, § 155.034)

Refer to the individual district regulations for regulations regarding accessory building setbacks.

(Code 2007, § 155.063; Ord. of 12-11-1985, art. V, § 8; Ord. of 11-15-2010, § 155.035)

There shall be provided at the time of erection of any new building or at the time any principal building is enlarger or increased in capacity by adding dwelling units, guest rooms, seats or floor area, or before conversion from one type of use or occupancy to another, permanent off-street parking space in the amount specified by this section. The parking space may be provided in a parking garage or properly graded open space.

(1)

Certification of minimum parking requirements.

a.

Each application for a zoning permit or certificate of occupancy submitted to the zoning administrator as provided for in this chapter shall include information as to the location and dimensions of off-street parking and the means of ingress and egress to that space.

b.

This information shall be in sufficient detail to enable the zoning administrator to determine whether or not the requirements of this section are met.

(2)

Combination of required parking space. The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use; except, that half of the parking space required for churches, theatres or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sundays.

(3)

Remote parking space.

a.

If the off-street parking space required by this chapter cannot be reasonably provided on the same lot on which the principal use is located, the space may be provided on any land within 400 feet of the mail entrance to the principal use, provided the land is in the same ownership as the principal use.

b.

The land shall be used for no other purpose so long as no other adequate provisions of parking space meeting the requirements of this chapter have been made for the principal use.

c.

In those cases, the application for a zoning permit an instrument duly executed and acknowledged, which subjects the land to parking use in connection with the principal use or for which it is made available.

d.

The applicant shall deposit the necessary fee, and upon the issuance of a zoning permit, the zoning administrator shall cause that instrument to be registered in the office of the register of deeds in the county.

(4)

Requirements for parking lots in residential districts. Where parking lots for more than five cars are permitted or required in residential districts, the following shall be complied with:

a.

The lot may be used only for parking and not for any type of loading, sales, dead storage, repair work, dismantling, servicing or play (recreation) area;

b.

All entrances, exits, barricades at sidewalks and drainage plans shall be approves by the department of public works in accordance with the town code and constructed before occupancy;

c.

A strip of land five feet wide shall be preserved as open space adjoining any street line or any lot zoned for residential uses, guarded with wheel bumpers and planted in grass and/or shrubs; and

d.

Only one entrance and exit sign (maximum two square feet) and a sign no longer than two square feet, unilluminated, describing parking regulations may be erected at each entrance or exit. No other signs shall be permitted.

(5)

Minimum parking requirements. The following off-street parking space shall be required:

(Code 2007, § 155.075; Ord. of 12-11-1985, art. VI, § 1; Ord. of 11-15-2010, § 155.036)

(a)

The number of off-street loading berths required by this section shall be considered as the absolute minimum, and the developer shall evaluate his own needs to determine if they are greater than the minimum specified by this section.

(b)

For the purposes of this section, an off-street loading berth shall have minimum plan dimensions of 12 feet by 25 feet and 14 feet overhead clearance with adequate means for ingress and egress.

(c)

A loading space requirement may be modified or waived by the board of adjustments on application in the case of a bank, theater, assembly hall or other building or similar limited loading space requirements.

(d)

Number of required off-street loading berths.

(1)

For structures containing not more than 20,000 square feet of gross floor area, one berth shall be required; and

(2)

For structures containing 20,000 or more square feet of gross floor area, the number of berths specified in the table below shall be provided.

(Code 2007, § 155.076; Ord. of 12-11-1985, art. VI, § 2; Ord. of 11-15-2010, § 155.037)

(a)

The police department and the zoning administrator or designee of the town shall be responsible for the administration and enforcement of this chapter. The police department shall be responsible for administering the removal and disposition of vehicles determined to be abandoned on the public streets and highways within the town, and on property owned by the town.

(b)

The zoning administrator or designee shall be responsible for administering the removal and disposition of abandoned, nuisance or junked motor vehicles located on private property.

(c)

The town may, on an annual basis, contract with private tow truck operators or towing businesses to remove, store and dispose of abandoned vehicles, nuisance vehicles and junked vehicles in compliance with this chapter and applicable state laws. Nothing in this chapter shall be construed to limit the legal authority or powers of officers of the town police department and fire department in enforcing other laws or in otherwise carrying out their duties.

(Code 2007, § 90.01; Ord. of 9-24-1996; Ord. of 11-15-2010, § 155.038)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned vehicle means as authorized and defined in G.S. 160A-303 and includes a vehicle which is left on:

(1)

A public street or highway in violation of a law or ordinance prohibiting parking;

(2)

A public street or highway for longer than seven days;

(3)

Property owned or operated by the town for longer than 24 hours; or

(4)

Private property without the consent of the owner, occupant or lessee thereof, for longer than two hours.

Authorizing official means the supervisory employee of the police department or the town administrator, respectively, designated to authorize the removal of vehicles under the provisions of this chapter.

Junked motor vehicle.

(1)

The term "junked motor vehicle" means as authorized and defined in G.S. 160A-303.2 and includes a vehicle that does not display a current license plate lawfully upon that vehicle and that:

a.

Is partially dismantled or wrecked;

b.

Cannot be self-propelled or moved in the manner in which it originally was intended to move; or

c.

Is more than five years old and appears to be worth less than $100.00.

(2)

In determining whether a vehicle constitutes a junked motor vehicle, the town administrator, in applying the specific criteria in this definition shall take into consideration, but not be limited to, whether the vehicle has a valid inspection decal as evidence of the stationary character of the vehicle, whether the tires, wheels and other essential parts of the vehicle are present for the operation of the vehicle, flat tires, removed parts, the condition of the exterior, or any specific evidence that would support a finding that the vehicle violates this section. If such a determination is made, the town administrator shall state that basis in writing.

Motor vehicle or vehicle means all machines designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle.

Nuisance vehicle means a vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance, and unlawful, including a vehicle found to be:

(1)

A breeding ground or harbor for mosquitoes, other insects, rats or other pests;

(2)

A point of heavy growth of weeds or other noxious vegetation over eight inches in height;

(3)

A point of collection of pools or ponds of water;

(4)

A point of concentration of quantities of gasoline, oil or other flammable or explosive materials as evidenced by odor;

(5)

One which has areas of confinement which cannot be operated from the inside, such as trunks, hoods and the like;

(6)

So situated or located that there is a danger of it falling or turning over;

(7)

One which is a point of collection of garbage, food waste, animal waste or any other rotten or putrescible matter of any kind;

(8)

One which has sharp parts thereof which are jagged or contain sharp edges of metal or glass; or

(9)

Any other vehicle specifically declared a health and safety hazard and a public nuisance by the town council.

(Code 2007, § 90.02; Ord. of 9-24-1996; Ord. of 1-14-1997; Ord. of 11-15-2010, § 155.039)

(a)

It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow the vehicle to be abandoned as the term is defined herein.

(b)

Upon investigation, proper authorizing officials of the town may determine that a vehicle is an abandoned vehicle and order the vehicle removed.

(Code 2007, § 90.03; Ord. of 9-24-1996; Ord. of 11-15-2010, § 155.040)

(a)

It shall be unlawful for the registered owner or person entitled to possession of a motor vehicle, or for the owner, lessee or occupant of the real property upon which the vehicle is located to leave or allow the vehicle to remain on the property after it has been declared a nuisance vehicle.

(b)

Upon investigation, the town administrator may determine and declare that a vehicle is a health or safety hazard and a nuisance vehicle, as defined above, and order the vehicle removed.

(Code 2007, § 90.04; Ord. of 9-24-1996; Ord. of 11-15-2010, § 155.041)

(a)

It shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located to allow the vehicle to remain on the property after the vehicle has been ordered removed.

(b)

It shall be unlawful to have more than one junked motor vehicle, as defined herein, on the premises of public or private property. Single, permitted junked motor vehicle must strictly comply with the location and concealment requirements of this section.

(c)

It shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located to fail to comply with the locational requirements or the concealment requirements of this section.

(d)

Subject to the provisions of subsection (e) of this section, upon investigation, the town zoning administrator or designee may order the removal of a junked motor vehicle, as defined in this chapter, after finding a writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. The finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following among other relevant factors may be considered:

(1)

Protection of property values;

(2)

Promotion of tourism and other economic development opportunities;

(3)

Indirect protection of public health and safety;

(4)

Preservation the character and integrity of the community; and

(5)

Promotion of the comfort, happiness and emotional stability of area residents.

(e)

Permitted concealment or enclosure of junked motor vehicle:

(1)

One junked motor vehicle. One junked motor vehicle, in its entirety, can be located in the rear yard as defined by the town's zoning chapter if the junked motor vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable covering.

a.

The town's zoning administrator or designee has the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision.

b.

The covering must remain in good repair and must not be allowed to deteriorate. The covering or enclosure must be compatible with the objectives stated in the preamble of this chapter.

(2)

More than one junked motor vehicle. Any other junked motor vehicles must be kept in a garage or building structure that provides a completed enclosure so that the junked motor vehicles cannot be seen from a public street or abutting property. A garage or building structure means either a lawful, nonconforming use or a garage or building structure erected pursuant to the lawful issuance of a building permit and which has been constructed in accordance with all zoning and building code regulations.

(Code 2007, § 90.05; Ord. of 9-24-1996; Ord. of 11-15-2010, § 155.042)

(a)

Except as set forth in section 15-604, an abandoned, nuisance or junked vehicle which is to be removed shall be towed only after notice to the registered owner or person entitled to possession of the vehicle. In the case of a nuisance vehicle or a junked motor vehicle, if the names and mailing addresses of the registered owner or person entitled to the possession of the vehicle, or the owner, lessee or occupant of the real property upon which the vehicle is located can be ascertained in the exercise of reasonable diligence, the notice shall be given by certified mail, return receipt requested.

(b)

The person who mails the notice shall retain a written record to show the names and addresses to which mailed, and the date mailed. If the names and addresses cannot be ascertained or if the vehicle to be removed is an abandoned motor vehicle, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the town on a specified date (no sooner than seven days after the notice is affixed).

(c)

The notice shall state that the vehicle will be removed by the town on a specified date, no sooner than seven days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.

(d)

With respect to abandoned vehicles on private property, nuisance vehicles and junked motor vehicles to which notice is required to be given, if the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is abandoned, a nuisance vehicle or in the case of a junked motor vehicle that the aesthetic benefits of removing the vehicle outweigh the burdens, the appeal shall be made to the town council in writing, heard at the next regularly scheduled meeting of the town council, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.

(Code 2007, § 90.06; Ord. of 9-24-1996; Ord. of 11-15-2010, § 155.043)

The requirement that notice be given prior to the removal of an abandoned, nuisance or junked motor vehicle may, as determined by the authorizing official, be omitted in those circumstances where there is a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and protect the public safety and welfare. The findings shall, in all cases, be entered by the authorizing official in the appropriate daily records. Circumstances justifying the removal of vehicles without prior notice include:

(1)

Vehicles abandoned on the streets. For vehicles left on the public streets and highways, the town council hereby determines that immediate removal of those vehicles may be warranted when they are:

a.

Obstructing traffic;

b.

Parked in violation of an ordinance prohibiting or restricting parking;

c.

Parked in a no-stopping or standing zone;

d.

Parked in loading zones;

e.

Parked in bus zones; or

f.

Parked in violation of temporary parking restrictions imposed under code sections.

(2)

Other abandoned or nuisance vehicles.

a.

With respect to abandoned or nuisance vehicles left on town-owned property other than the streets and highways, and on private property, the vehicles may be removed without giving prior notice only in those circumstances where the authorizing official finds a special need of prompt action to protect and maintain the public health, safety and welfare.

b.

By way of illustration and not of limitation, these circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in a location or a manner so as to pose a traffic hazard, and vehicles causing damage to public or private property.

(Code 2007, § 90.07; Ord. of 9-24-1996; Ord. of 11-15-2010, § 155.044)

(a)

Any abandoned, nuisance or junked motor vehicle which has been ordered removed may, as directed by the town, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform that service for the town.

(b)

Whenever a like vehicle is removed, the authorizing town official shall immediately notify the last registered owner of the vehicle, said notice to include the following:

(1)

The description of the removed vehicle;

(2)

The location where the vehicle is stored;

(3)

The violation with which the owner is charged, if any;

(4)

The procedure the owner must follow to redeem the vehicle; and

(5)

The procedure the owner must follow to request a probable cause hearing on the removal.

(c)

The town shall attempt to give notice to the vehicle owner by telephone; however, whether or not the owner is reached by telephone, written notice, including the information set forth in subsection (b) of this section, shall also be mailed to the registered owner's last known address, unless the notice is waived in writing by the vehicle owner or agent.

(d)

If the vehicle is registered in the state, notice shall be given within 24 hours. If the vehicle is not registered in the state, notice shall be given to the registered owner within 72 hours from removal of the vehicle.

(e)

Whenever an abandoned, nuisance or junked motor vehicle is removed, and the vehicle has no valid registration or registration plates, the authorizing town official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him of the information set forth in subsection (b) of this section.

(Code 2007, § 90.08; Ord. of 9-24-1996; Ord. of 11-15-2010, § 155.045)

(a)

After removal of the abandoned vehicle, nuisance vehicle or junked motor vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle.

(b)

A request for a hearing must be filed in writing with the county magistrate designated by the chief district court judge to receive the hearing requests.

(c)

The magistrate will set the hearing within 72 hours of the request, and the hearing will be conducted in accordance with the provisions of G. S. 20-219.11, as amended.

(Code 2007, § 90.09; Ord. of 9-24-1996; Ord. of 11-15-2010, § 155.046)

At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of the removed vehicle by paying the towing fee, including any storage charges, or by posting bond for double the amount of the fees and charges to the tow truck operator or towing business having custody of the removed vehicle. Upon regaining possession of the vehicle, the owner or person entitled to possession of the vehicle shall not allow or engage in further violation of this chapter.

(Code 2007, § 90.10; Ord. of 9-24-1996; Ord. of 11-15-2010, § 155.047)

(a)

Any abandoned, nuisance or junked vehicle which is not claimed by the owner or other party entitled to possession will be disposed of by the tow truck operator or towing business having custody of the vehicle. Disposition of the vehicle shall be carried out in coordination with the town and in accordance with G.S. ch. 44A, art. 1 (G.S. 44A-1 et seq.).

(b)

No hearing in addition to a probable cause hearing is required.

(Code 2007, § 90.11; Ord. of 9-24-1996; Ord. of 1-14-1997; Ord. of 11-15-2010, § 155.048)

(a)

As a general policy, the town will not remove a vehicle from private property if the owner, occupant or lessee of the property could have the vehicle removed under applicable state law procedures.

(b)

In no case will a vehicle be removed by the town from private property without a written request by the owner, occupant or lessee, except in those cases where the vehicle is a nuisance vehicle or a junked motor vehicle which has been ordered removed by the town administrator.

(c)

The town may require any person requesting the removal of an abandoned, nuisance or junked motor vehicle from private property to indemnify the town against any loss, expense or liability incurred because of the removal, storage or sale thereof.

(Code 2007, § 90.12; Ord. of 9-24-1996; Ord. of 11-15-2010, § 155.049)

No person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to possession of an abandoned, nuisance or junked motor vehicle, for disposing of the vehicle as provided in this chapter.

(Code 2007, § 90.13; Ord. of 9-24-1996; Ord. of 11-15-2010, § 155.050)

(a)

Nothing in this chapter shall apply to any vehicle:

(1)

Which is located in a bona fide automobile graveyard or junkyard as defined in G.S. 136-143 et seq., Junkyard Control Act;

(2)

Which is in an enclosed building;

(3)

Which is on the premises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise; or

(4)

Which is in an appropriate storage place or depository maintained in a lawful place and manner by the town.

(b)

A lawful place and manner shall include, but not be limited to, strict compliance with the town's zoning chapter. A vehicle necessary to the operation of the business enterprise shall include, but not be limited to, the clear active use or involvement of the vehicle in the operation of the business enterprise. Mere storage or idle standing of a vehicle does not constitute a vehicle necessary to the operation of the business enterprise.

(Code 2007, § 90.14; Ord. of 9-24-1996; Ord. of 1-14-1997; Ord. of 11-15-2010, § 155.051)

It shall be unlawful for any person to remove or attempt to remove from any storage facility designated by the town which has been impounded pursuant to the provisions of this Code unless and until all towing and impoundment fees which are due, or bond in lieu of the fees, have been paid.

(Code 2007, § 90.15; Ord. of 9-24-1996; Ord. of 11-15-2010, § 155.052)

(a)

No lot shall be occupied by more than one principal building.

(b)

No part of a yard, court, or other open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall be used for any other building or structure as a part of a yard or other open space required under this chapter.

(Code 2007, § 155.090; Ord. of 12-11-1985, art. VII, § 1; Ord. of 11-15-2010, § 155.053)

No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

(Code 2007, § 155.091; Ord. of 12-11-1985, art. VII, § 2; Ord. of 11-15-2010, § 155.054)

Where the owner of a lot at the time of the adoption of the ordinance from which this chapter is derived, or successors in title thereto, does not own sufficient land to enable him to conform to the dimensional requirements of this chapter, if the lot width and lot area are not more than 20 percent below the minimum specified in this chapter or other dimensional requirements, the planning board is authorized to approve as a special exception dimensions as shall conform as closely as possible to the required dimensions.

(Code 2007, § 155.092; Ord. of 12-11-1985, art. VII, § 3; Ord. of 11-15-2010, § 155.055)

If two or more adjoining, vacant lots of record are in single ownership at any time after the adoption of the ordinance from which this chapter is derived and the lots individually have less frontage or area than the minimum requirements of the district in which the lots are located, the lots shall be considered as a single lot or several lots which meet the minimum requirements of this chapter for the district in which the lots are located.

(Code 2007, § 155.093; Ord. of 12-11-1985, art. VII, § 4; Ord. of 11-15-2010, § 155.056)

(a)

Fallout shelters are permitted as principal or accessory buildings in any district, subject to the minimum yard and location requirements of the district where located; except that the planning board may permit fallout shelters which are to be jointly-owned by abutting property owners, as exceptions, to extend to or to cross the side or rear property lines, provided the joint owned shelter do not exceed a height of 30 inches above average ground level, and provided, further, that the shelters are located at least three feet from any property not served by the shelter.

(b)

No permit for a fallout shelter may be issued by the town administrator unless the proposed shelter conforms to plans and specifications approved by the local office of civil defense mobilization.

(Code 2007, § 155.094; Ord. of 12-11-1985, art. VII, § 5; Ord. of 11-15-2010, § 155.057)

In the case of two or more buildings to be constructed on a plot of ground of at least two acres not subdivided into the customary streets and lots and which will not be so subdivided, the application of the terms of this chapter may be varied by the planning board in a manner that will be in harmony with the character of the neighborhood; provided:

(1)

Those uses are limited to those permitted within the zoning district in which the project is located. In no case shall the board authorize a use prohibited in the district in which the project is to be located;

(2)

The overall intensity of land use is no higher, and the standard of open space is no lower, than that permitted in the district in which the project is located;

(3)

The distance of every building from the nearest property line shall meet the front yard setback and side yard requirements of the district in which the project is located;

(4)

The building heights do not exceed the height limits permitted in the district in which the project is located; and

(5)

If the property lies within or abuts upon a residential district and is to be used for a nonresidential purpose, there shall be a densely planted buffer strip at least ten feet in height along the rear and/or side lot lines abutting the residential properties. No like buffer shall, however, extend nearer a street right-of-way line than the established building line of the adjoining residential lot.

(Code 2007, § 155.095; Ord. of 12-11-1985, art. VII, § 6; Ord. of 11-15-2010, § 155.058)

(a)

Fences not exceeding a height of four feet shall be exempt from the yard and building setback line requirements of this chapter.

(b)

Fences not exceeding a height of six feet to be erected only within side or rear yards shall be exempt from the yard and building setback line requirements of this chapter, provided that no fence exceeding a height of four feet will be constructed nearer than 15 feet to any street. In all cases the corner visibility provisions of this chapter shall be observed.

(Code 2007, § 155.096; Ord. of 12-11-1985, art. VII, § 7; Ord. of 11-15-2010, § 155.059)

Water wells, water storage tanks, lagoons, water spray fields, pumping facilities, accessory buildings and related uses owned by the town are permitted in every district.

(Code 2007, § 155.097; Ord. of 12-11-1985, art. VII, § 8; Ord. of 11-15-2010, § 155.060)

(a)

After the effective date of the ordinance from which this chapter is derived, land or structures or uses of land or structures which would be prohibited under the regulations for the district in which they are located shall be considered as nonconforming.

(b)

Nonconforming structures or uses may be continued, provided they conform to the provisions of this article.

(Ord. of 12-11-1985, art. VIII, § 1; Ord. of 11-15-2010, § 155.061)

The regulations set forth below provide the conditions under which the nonconforming use of land may be continued.

(1)

Extension of use. Nonconforming use of land shall not hereafter be enlarged or extended in any way.

(2)

Change of use. Any nonconforming uses of land may be changed to a conforming use or, with the approval of the planning board, to any use more in character with the uses permitted in the district.

(3)

Cessation of use. All nonconforming uses of land or uses involving minor structures, such as golf driving ranges, auto sales yards, signs or billboards, junkyards or any similar uses, shall be discontinued within two years from the date of adoption of the ordinance from which this chapter is derived.

(4)

Mobile homes or manufactured homes. Mobile homes or manufactured homes described in Exhibit A attached to the ordinance from which this chapter is derived shall be considered nonconforming uses of land. The replacement of these homes shall be allowed by the town with the approval of the planning board, provided the homes are replaced with Class A or Class B homes as defined in section 15-456. This amendment shall not enlarge or otherwise modify applicable ordinances regarding mobile or manufactured homes, but shall be applicable only to those described in Exhibit A. If active occupancy of the old or replaced mobile or manufactured home described in Exhibit A shall discontinue for a continuous period of six months, the nonconforming use shall thereafter be occupied and used only for a conforming use.

(Ord. of 12-11-1985, art. VIII, § 2; Code 2007, § 155.111; Ord. of 7-25-1995; Ord. of 11-15-2010, § 155.062)

(a)

Extension of use. Nonconforming buildings and nonconforming uses of buildings shall not be enlarged.

(b)

Changes of use.

(1)

If no structural alteration or enlargements are made, any nonconforming building or use of buildings may be changed (with the approval of the planning board) to any use more in character with uses permitted in the district.

(2)

In permitting the change, the planning board may require appropriate conditions and safeguards in accordance with the provisions of this chapter.

(c)

Cessation of use. If active operations are discontinued for a continuous period of six months with respect to a nonconforming use of buildings, the nonconforming use shall thereafter be occupied and used only for a conforming use.

(d)

Repair and alteration. Normal maintenance and repair in a building occupied by a nonconforming use is permitted, provided it does not extend the nonconforming use.

(e)

Damage or destruction. Any residential or commercial structure occupied within the previous 180 days, located on a nonconforming lot, previously approved and recorded, shall be allowed to be replaced if destroyed to an extent of more than 50 percent of its replacement cost at time of destruction, within the same footprint of the original structure if destroyed by fire or an act of nature but construction of any residential or commercial structure located on a nonconforming lot must be started within 180 days of date of destruction and construction reviewed by zoning administrator no later than 360 days from the date of zoning permit.

(Code 2007, § 155.112; Ord. of 12-11-1985, art. VIII, § 3; Ord. of 7-24-2007; Ord. of 11-15-2010, § 155.063)

The town administrator shall assume the duties of zoning administrator, and as such, shall enforce the provisions of this chapter, except when specified otherwise by this chapter.

(Code 2007, § 155.125; Ord. of 12-11-1985, art. IX, § 1; Ord. of 11-15-2010, § 155.064)

If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the town, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate the violation, to prevent occupancy of the building, structure the land, or to prevent any illegal act, conduct business, or use in or about the premises.

(Code 2007, § 155.126; Ord. of 12-11-1985, art. IX, § 2; Ord. of 11-15-2010, § 155.065)

There shall be and is hereby created a zoning board of adjustment (hereinafter, the board), consisting of eight members. Five members of the board shall be appointed by the town council, and three members shall be appointed by the board of county commissioners. The five members of the board appointed by the town council shall have initial terms of office as follows: One member appointed for a term of one year; two members appointed for terms of two years; and two members appointed for terms of three years. At completion of the initial term of office for each member, all additional appointments to vacancies of the board shall be for three-year terms. The three members appointed by the board of commissioners of the county shall continue to serve until their successors are appointed.

(1)

Extraterritorial members.

a.

The three members appointed to the board by the county board of commissioners as representatives of the one-mile area outside of and contiguous of the town limits shall be residents of the area and citizens of the county.

b.

Those members shall have equal rights, privileges, and duties with other members of the board in all matters pertaining to the regulation of the one-mile area.

(2)

In-town members. On all matters pertaining to the incorporated area of the town, only those members representing the town shall vote.

(3)

Meetings.

a.

The board shall elect one of its members as chairperson and shall appoint a secretary and other subordinates as may be authorized by the town council.

b.

The council shall draw up and adopt the rules of procedures under which it will operate. Meetings of the board shall be held at the call of the chairperson and at other times as the board may determine.

c.

All meetings of the board shall be open to the public and comply with the North Carolina Open Meetings Law.

d.

The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or his absence or failure to vote, indicating the fact, and also keeping record of its examination and any other official action.

(Code 2007, § 155.127; Ord. of 12-11-1985, art. X, § 1; Ord. of 11-15-2010, § 155.066)

Appeals from the enforcement and interpretation of this chapter and request for exceptions or variances shall be filed with the town administrator specifying the grounds thereof. The town administrator shall transmit to the board all applications and records pertaining to those appeals, variances, or exceptions. An appeal stays all proceedings in furtherance of the action appealed from, unless the town administrator certifies to the board that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property; in which case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board or by a court of record on application or notice to the officer for whom the appeal is taken and due cause shown.

(1)

Hearing. After receipt of notice of appeal, the board chairperson shall schedule the time for a hearing, which shall be at a regular or special meeting within 45 days from the filing of a notice of appeal.

(2)

Notice. At least ten days prior to the date of the hearing the town shall furnish adjoining property owners as shown on the county tax listing written notice of the hearing. Property owners shall be served with notice by first class mail.

(3)

Fees for appeals or variances. A fee, in an amount as established from time to time, shall be paid to the town, for each application for a variance, exception or appeal, to cover the necessary administrative costs and advertising.

(Ord. of 12-11-1985, art. X, § 2; Code 2007, § 155.128; Ord. of 6-11-1996; Ord. of 11-15-2010, § 155.067)

The zoning board of adjustment shall have the following powers and duties:

(1)

Administrative review.

a.

To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, determination or refusal made by the town administrator or other administrative officials in the carrying out or enforcement of any provision of this chapter.

b.

A concurring vote of six members of the board shall be necessary to reverse, wholly or partly, any order, requirement, decision, permit, determination or refusal of property pertaining to property within the town limits.

(2)

Special exceptions. To hear and decide, in particular cases, and subject to appropriate conditions and safeguards, permits, and special and conditional use as authorized by the schedule of district regulations in sections 15-643 through 15-676.

(3)

Variances.

a.

To authorize upon appeal in specific cases, the variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provision of this chapter would result in unnecessary hardship.

b.

In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with this chapter.

c.

A variance from the terms of this chapter shall not be granted by the board unless and until the following findings are made:

1.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, buildings in the same district;

2.

The literal interpretation of the provision of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

3.

That the special conditions and circumstances do not result from the actions of the applicant; and

4.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other land structures or buildings in the same district.

(Code 2007, § 155.129; Ord. of 12-11-1985, art. X, § 3; Ord. of 11-15-2010, § 155.068)

Appeal from the decision of the zoning board of adjustment shall be to superior court held in the county.

(Code 2007, § 155.130; Ord. of 12-11-1985, art. X, § 4; Ord. of 11-15-2010, § 155.069)

The town council may amend the text and/or zoning map according to the following procedures:

(1)

Initiation of amendments. Proposed changes or amendments may be initiated by the town council, planning board or by one or more interested parties.

(2)

Application or petition. An application or petition for any change or amendment shall be made by the town council. The application or petition shall contain a legal description of the property, the existing zoning district or districts within which the property is located, and proposed changes in the zoning ordinance and the names and addresses of all of the owners. The application or petition shall be filed with the zoning administrator who shall immediately inform the planning board and the town council.

(3)

Fee. A fee shall be paid to the town for each application for an amendment initiated by an individual to cover the cost of advertising and other administrative expenses involved.

(Ord. of 12-11-1985, art. XI, § 1; Code 2007, § 155.145; Ord. of 6-11-1996; Ord. of 11-15-2010, § 155.070)

The planning board shall consider and make recommendations to the town council concerning each proposed zoning amendment. The planning board may hold separate public hearings to may sit concurrently with the public hearing held by the town council.

(Code 2007, § 155.146; Ord. of 12-11-1985, art. XI, § 2; Ord. of 11-15-2010, § 155.071)

The town council will consider amendments to this chapter proposed by applicants.

(1)

Town council approval or disapproval. Before taking lawful action as it may deem advisable, the town council shall consider the planning board's recommendations on each proposed amendment.

(2)

Notice and public hearing. No amendment to the text of this chapter and no amendment or change to the zoning map shall be adopted by the town council before holding a public hearing. Notice of the public hearing shall be given and published pursuant to the state general statutes.

(Code 2007, § 155.147; Ord. of 12-11-1985, art. XI, § 3; Ord. of 11-15-2010, § 155.072)

Wherever the provisions of any statute, regulation or local ordinance requires a greater width or size of yards or courts or require a greater percentage of lot to be left unoccupied or impose other standards than are required by the regulations made under authority of this article, the provisions of that statute, regulation or local ordinance shall govern.

(Code 2007, § 155.161; Ord. of 12-11-1985, art. XII, § 2; Ord. of 11-15-2010, § 155.074)

When uncertainty exists with respect to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Delineation. District boundary lines are intended to be along or parallel to property lines, lot lines, the centerlines of streets, alleys, railroads, easements, other rights-of-way and creeks, streams or other water channels.

(2)

Official zoning map. In the absence of specified distances on the map, dimensions or distances shall be determined by the scale of the official zoning map.

(3)

Planning board. When the street or property layout existing on the ground is at variance with that shown on the official zoning map, the planning board shall interpret the district boundaries of this chapter.

(Code 2007, § 155.162; Ord. of 12-11-1985, art. XII, § 3; Ord. of 11-15-2010, § 155.075)

Regulations for each district shall be enforced and interpreted according to the following rules:

(1)

Permitted uses. Uses not designated as permitted uses shall be prohibited; except that special or conditional uses are permitted according to the additional regulations imposed.

(2)

Minimum regulations. Regulations set forth by this chapter shall be minimum regulations. If the district requirements are set forth in this chapter are at variance with the regulations of any other lawfully adopted rules, regulation or other ordinances, the more restrictive or higher standard shall govern.

(3)

Land covenants. Nothing in this chapter shall modify or repeal any deed restriction, but no like restriction shall constitute a basis for failing to comply with the provisions of this chapter.

(Code 2007, § 155.163; Ord. of 12-11-1985, art. XII, § 4; Ord. of 11-15-2010, § 155.076)

(a)

The provisions of this chapter shall be applicable within the corporate limits of the town and also within the territory beyond those corporate limits as now or hereafter fixed and shown on the official zoning map.

(b)

This chapter shall in no way regulate, restrict, prohibit, or otherwise deter any bona fide farm and its related uses within the territory beyond the corporate limits as defined in section 15-488(a); except that any use of this property for nonfarm purposes shall be subject to the requirements of this chapter.

(Code 2007, § 155.164; Ord. of 12-11-1985, art. XII, § 5; Ord. of 11-15-2010, § 155.077)

All territory which may hereafter be included within the zoning jurisdiction of the town shall be placed in the R-20 district until otherwise classified by action of the town council according to article III of this chapter.

(Code 2007, § 155.165; Ord. of 12-11-1985, art. XII, § 6; Ord. of 11-15-2010, § 155.078)

All zoning ordinances or parts of same now in effect in the town are hereby repealed; provided, however, that all suits at law or in equity and/or all prosecutions resulting from the violations of and zoning ordinance heretofore in effect which are now pending in any of the courts of the state or of the United States shall not be abated or abandoned by reason of the adoption of the ordinance from which this chapter is derived but shall be prosecuted to their finality that same as if these ordinances had not been adopted, and all violations of existing zoning ordinances, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted, and nothing in this chapter shall be constructed as to abandon, abate or discuss any litigation or prosecution now pending and/or which may heretofore have been instituted or prosecuted.

(Code 2007, § 155.166; Ord. of 12-11-1985, art. XII, § 7; Ord. of 11-15-2010, § 155.079)

(a)

The existence of any of the following conditions on any vacant lot or other parcel of land within the corporate limits is hereby declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance.

(1)

The uncontrolled growth of noxious weeds or grass to a height in excess of 12 inches, causing or threatening to cause a hazard detrimental to the public health or safety;

(2)

Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitance therein of rats, mice, snakes and vermin of any kind which are or may be dangerous or prejudicial to the public health;

(3)

Any accumulation of rubbish, trash or junk, causing or threatening to cause a fire hazard, or causing or threatening to cause the accumulation of stagnant water, or causing or threatening to cause the inhabitation therein of rats, mice, snakes, or vermin of any kind which are or may be dangerous or prejudicial to the public health;

(4)

Any condition detrimental to the public health which violates the rules and regulations of the county health department;

(5)

Any condition, as mentioned above, which accumulates or is detrimental to public health on public lands and public streets.

(b)

Public works will notify zoning and code enforcement in writing when yard debris pick-up is not acceptable so that zoning and code enforcement can inform violators of their requirements. This is to include all yard debris and other types of debris that is not acceptable for pick-up.

(Code 1984, § 97.01; Code 2007, § 96.01; Ord. of 11-15-2010, § 155.081)

The zoning administrator or designee, upon notice from any person of the existence of any of the conditions described in section 15-796, shall cause to be made by the appropriate county health department or town official the investigation as may be necessary to determine whether, in fact, conditions exist to constitute a public nuisance as declared in section 15-796.

(Code 1984, § 97.02; Code 2007, § 96.02; Ord. of 11-15-2010, § 155.082)

Upon a determination that conditions constituting a public nuisance exist, the zoning administrator or designee shall notify the owner, occupant or person in possession of the premises in question, in writing, of the conditions constituting the public nuisance and shall order the prompt abatement thereof within 15 days from the receipt of the written notice.

(Code 1984, § 97.03; Code 2007, § 96.03; Ord. of 11-15-2010, § 155.083)

(a)

If any person, having been ordered to abate or remove the condition constituting the nuisance within 15 days from receipt of the order, the zoning administrator or designee shall cause the condition to be removed or otherwise remedied by having employees of the town or subcontractors go upon the premises and remove or otherwise abate the nuisance, under the supervision of an officer or employee designated by the zoning administrator or designee.

(b)

Any person who has been ordered to abate a public nuisance may, within the time allowed by this section, request the town, in writing, to remove the condition, the cost of which shall be paid by the person making the request.

(Code 1984, § 97.04; Code 2007, § 96.04; Ord. of 11-15-2010, § 155.084)

The actual cost incurred by the town in removing or otherwise remedying a public nuisance shall be charged to the owner of the lot or parcel of land from which the nuisance is removed, and it shall be the duty of the tax collector, town administrator (or designee) to mail a statement of the charges to the owner or other person in possession of the premises, with instructions that the charges are due and payable within 30 days from the receipt thereof.

(Code 1984, § 97.05; Code 2007, § 96.05; Ord. of 11-15-2010, § 155.085)

In the event charges for the removal or abatement of a public nuisance are not paid within 30 days after the receipt of a statement of charges as provided for in section 15-800, those charges shall become a lien upon the land or premises where the public nuisance existed and shall be collected as unpaid taxes, as provided in G. S. 160A-193.

(Code 1984, § 97.06; Code 2007, § 96.06; Ord. of 11-15-2010, § 155.086)

The procedure set forth in this chapter shall be in addition to any other remedies that may exist under law for the abatement of public nuisances.

(Code 1984, § 97.07; Code 2007, § 96.07; Ord. of 11-15-2010, § 155.087)

(a)

Violations of the provisions of this article or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variance or special use permits, shall be punishable by a fine of up to $500.00 dollars or as provided in G.S. 14-4 and 160A-175(b)(1).

(b)

Any act constituting a violation of the provisions of this article or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or special use for each day the violation continues. If the offender fails to pay the penalty within ten business days after being cited for a violation, the penalty may be recovered by the town in a civil action in the nature of debt. A civil penalty may not be appealed to the board of adjustment if the offender was sent a final notice of violation and did not take an appeal to the board of adjustment within the prescribed time.

(c)

This article may also be enforced by any appropriate equitable action.

(d)

Each day that any violation continues after notification by the administrator that such violation exists shall be considered a separate offense for the purposes of the penalties and remedies specified in this section.

(e)

Any single, all, or any combination of the foregoing penalties and remedies may be used to enforce this article.

(Ord. of 11-15-2010, § 155.088)