The neighborhood conservation overlay district is designed to protect and enhance the general quality and character of the city's older, established neighborhoods through the creation of specific use and design standards and dimensional regulations that reflect predominant existing built conditions in the neighborhood. The intent of these provisions is to recognize that certain neighborhoods in the city's planning jurisdiction were developed prior to the adoption of the land use ordinance and were built to standards that are inconsistent with contemporary land use regulations in terms of lot size, lot coverage, building setback, building height, and architectural expression. In creating the conservation overlay district, the city acknowledges:

(1)

The preservation of neighborhood character is a vital component of the city's identity and promotes a positive image for the community; and

(2)

The promotion and implementation of specifically tailored land use standards reduces conflicts between new construction and existing development and aids in stabilizing and improving property values.

(Ord. No. 1997-37, § 1, 7-22-97)

Neighborhoods to be considered for the establishment of conservation overlay districts shall meet two or more of the following criteria:

(1)

The area was established prior to 1968 and is at least 75 percent developed.

(2)

The area possesses distinctive, unifying, built environmental characteristics that create an identifiable "sense of place".

(3)

The area has an established neighborhood association or active grassroots citizen group that is concerned about the neighborhood's development patterns and the future impact of said patterns on the quality of life in the neighborhood; and/or

(4)

A neighborhood plan has been completed for the area and the overlay district is recommended as one implementation tool for neighborhood improvement.

(Ord. No. 1997-37, § 1, 7-22-97)

(a)

Conservation overlay district established. The Lawson Creek Neighborhood Conservation Overlay District is hereby established in the area depicted on plat entitled "Lawson Creek Neighborhood Conservation District Land Use Map, July, 1997" copy of which is denominated Exhibit 1, attached hereto and incorporated herein by reference. The subject district is more particularly described as follows:

BEGINNING AT A POINT in the centerline of First Street, which said point is the point of intersection of said centerline with the centerline of Walt Bellamy Drive extended westwardly; thence from said beginning along and with the centerline of First Street northwardly to its point of intersection with the centerline of Church Street extended westwardly; thence eastwardly along and with the centerline of Church Street extended and Church Street to its point of intersection with the centerline of Bryan Street; thence northwardly along and with the centerline of Bryan Street to its point of intersection with the southerly line of the R.B. Wetherington, Jr. property extended westwardly; thence eastwardly along and with the southerly line of the Wetherington property, and the southern line of the lots lying between those of Wetherington and Norwood Street to Norwood Street; thence crossing Norwood Street, continuing eastwardly to the southwestern corner of the property occupied by Fulcher Tire Sales and Service, Inc.; thence eastwardly along and with the southern line of the Fulcher property to the centerline of Jones Street; thence northwardly along and with the centerline of Jones Street and the southern right-of-way line of Pollock Street; thence eastwardly along and with the southern right-of-way line of Pollock Street to its point of intersection with the centerline of Liberty Street; thence southeastwardly along and with the centerline of Liberty Street to a point on the southern side of Walt Bellamy Drive, which is the point of intersection of said centerline of Liberty Street with the southern line of Lots 1 through 11, Bellamy Park Subdivision, extended eastwardly; thence westwardly along and with said southern line extended and said southern line of the 11 lots which make up Bellamy Park Subdivision to the centerline of Norwood Street; thence northwardly along and with the centerline of Norwood Street to the centerline of Walt Bellamy Drive; thence westwardly along and with the centerline of Walt Bellamy Drive to its point of intersection with the centerline of First Street, the POINT AND PLACE OF BEGINNING.

(b)

Statement of intent. One of the city's oldest settlement areas, the Lawson Creek neighborhood was laid out as an extension of New Bern's original street grid system in 1779. The neighborhood was sporadically settled in the first half of the 19th century by black and white residents. Following the Civil War, the area became a predominantly black residential area and developed by the late 19th/early 20th century into a densely built neighborhood characterized by one and one-half and two-story frame houses set close to the street on narrow deep lots.

The existing residential area that survives today is concentrated in a seven block area bounded generally by First Street on the west, Liberty Street on the east, Walt Bellamy Drive on the south, and Church Street on the north. Lot widths in the neighborhood typically range from 35 feet to 60 feet with larger lots interspersed, thus reflecting further subdivision of the original 18th century division of the land. Houses are typically constructed on brick pier foundations and have front porches with principal entrances oriented toward the street.

Within the last three decades, however, the Lawson Creek neighborhood's strong urban character has eroded due to the widespread demolition of buildings and the placement of mobile homes in the neighborhood. More recent stick built homes have ignored the building traditions of the older surviving homes in the neighborhood by being built on slabs or being set back further from the street, thus disrupting the harmony of the streetscape. Future development in the area, if sensitively guided, has the potential to positively impact the neighborhood and reestablish its urban character.

(c)

Standards. The following use and design standards and dimensional requirements are intended to integrate new residential construction into the Lawson Creek neighborhood in a manner that is consistent with and reinforces the character of the existing older homes: Residential:

(1)

No mobile home may be placed or erected on a lot within the conservation district regardless of the zoning district classification in which the said lot is located. Mobile homes existing in the conservation district as of the date of the adoption of this section (July 22, 1997) shall be governed by the provisions found in section 15-124(e) of this ordinance.

(2)

Residential structures constructed in the conservation district shall be built on a crawl space or a modified slab at least 18 inches above grade with a minimum 18 inches masonry curtain wall exposed.

(3)

Residential structures constructed in the conservation district shall have their principal entrance facing the street and shall have a front porch or stoop element consistent with other homes found in the neighborhood.

(4)

Residential structures constructed in the conservation district shall have a minimum 6/12 roof pitch and shall not exceed two and one-half stories in height.

(5)

Front yard setbacks for residential properties shall be within a zone established by the setbacks of existing structures found on the block or street. The minimum side yard setback for residential properties shall be five feet. Residential structures and accessory buildings shall not exceed 60 percent total lot coverage. Rear yard setbacks will be the resultant ground remaining from compliance with front and side yard setbacks and lot coverage requirements, but shall be no less than ten feet.

(Ord. No. 1997-37, § 1, 7-22-97)

(a)

Conservation overlay district established. The Dryborough-Riverstation neighborhood conservation overlay district is hereby established as a district which overlays existing zoning districts, the extent and boundaries of which are as indicated on the official zoning map of the city. The boundaries of the Dryborough-Riverstation neighborhood conservation overlay district are as shown on the official zoning map, which are the same as shown on the plat entitled "Dryborough-Riverstation Neighborhood Conservation Overlay District," prepared by the planning department of the city, bearing the date September 27, 2005, a copy of which is on file in the office of the director of planning and inspections of the city.

(b)

Statement of intent. It is the intent of this section to protect and maintain the historical development patterns and neighborhood characteristics that define the Dryborough and Riverstation neighborhoods. Conventional zoning and the movement away from traditional building patterns have eroded the neighborhood character and threaten the sense of place and history enjoyed by the community. Future development in the area, is sensitively guided, has the potential to positively impact the neighborhood and reestablish its unique character.

(c)

Standards. The following use and design standards and dimensional requirements are intended to integrate new residential construction into the Dryborough and Riverstation neighborhood in a manner that is consistent with and reinforces the character of the existing historic structures (structures identified as contributing by the National Register of Historic Places) and traditional development patterns in the area:

(1)

No manufactured homes Class A, B, or C as defined in section 15-164 of this chapter may be placed or erected on a lot within the conservation district regardless of the zoning district classification of the area in which the lot is located. Manufactured homes existing in the conservation district as of the date of adoption of this section, April 8, 2003, shall be governed by the provisions found in section 15-124(e) of this chapter.

(2)

Residential structures constructed in the conservation district shall be built on crawl space with a minimum 18 inches masonry curtain wall exposed. Curtain walls shall be brick, stucco or painted masonry.

(3)

Residential structures constructed in the conservation district shall have their principal entrance facing the street and shall have a covered front porch that is at least 30 percent of the width of the front of the home. Porches shall have post, railings and steps that are similar and compatible with traditional patterns and historic structures within the conservation area.

(4)

Residential structures shall be compatible with surrounding historic structures within the conservation area in terms of mass, scale and height. The following standards shall apply for all new residential structures:

1)

The width shall not exceed 65 percent of the depth of the structure and the maximum width of the front facade shall not exceed 45 feet;

2)

The roof pitch shall be at least a 6/12 pitch; and

3)

The height shall not exceed two and one-half stories.

(5)

Residential structures shall be compatible with surrounding historic structures within the conservation area in terms of detail, form and rhythm. Roof forms shall be gable or hip or other forms commonly found on historic structures in the conservation area. Windows shall be oriented vertically. Front exterior doors shall be hinged and not sliding doors.

(6)

Front yard setbacks for residential properties shall be within a zone established by the setbacks of existing structures found on the block or street. The minimum side yard setback for residential properties shall be five feet. Residential structures and accessory buildings shall not exceed 60 percent total lot coverage. Rear yard setbacks will be the resultant ground remaining from compliance with the front and yard setbacks and lot coverage requirements, but shall be no less than ten feet.

(Ord. No. 2003-16, § 1, 4-8-03; Ord. No. 2005-61, § 1, 9-27-05)

(a)

Statement of intent. Platted in 1906 as New Bern's second residential suburb, Ghent is a neighborhood of predominantly single-family houses set on compact lots and surrounded by mature vegetation. Roughly half of the original 130-acre subdivision was developed in the first three decades of the 20th century and consists of one- and two-story frame and brick dwellings characterized generally by spacious front porches, uniform setbacks, vertical orientation, and bungalow and colonial revival detailing popular during the period. Garages, if present, were detached and located in rear yards. This area, bounded generally by First Street on the East, Seventh Street on the West, Trent Boulevard on the North, and Park Avenue on the South, is designated as a National Register Historic District.

The remaining residential blocks to the west of Seventh Street and concentrated primarily along Spencer Avenue developed mainly in the decades after World War II. Houses in this section of Ghent typically were built in the popular ranch-style with no front porches and a more horizontal building orientation. Garages were also frequently attached to the residence.

(b)

Neighborhood conservation district established. The Ghent neighborhood conservation district is established as a district which overlays existing zoning districts, the extent and boundaries of which are divided into two subareas, "Area 1" and "Area 2", and indicated on the official zoning map of the city. The boundaries of the Ghent neighborhood conservation district are as shown on the official zoning map, which are the same as shown on the plat entitled "Ghent Neighborhood Conservation Overlay District - Proposed Option #4," prepared by the engineering department of the city, bearing date December 2, 1997, a copy of which is on file in the office of the city engineer.

(c)

Standards. The following design standards and dimensional requirements are intended to integrate new residential construction into the Ghent neighborhood in a manner that is consistent with and reinforces the character of the neighborhood's existing housing stock. Variations in design standards and dimensional requirements have been instituted to reflect the differences in residential building design that are found in the Ghent National Register Historic District and established residential areas to the west of the historic district. Standards have also been created for existing structures where the intent is to ensure that certain alterations to existing buildings are not inconsistent with the character of the neighborhood.

Area 1: Residential standards for the area bounded generally by the west side of First Street on the East, the east side of Seventh Street on the West, the south side of Trent Boulevard on the north, and the north side of US 70 by-pass and the west side of Country Club Road on the south, exempting the YMCA property and those lots located on the north and south sides of Park Avenue between Fifth and Seventh Streets:

New residential construction:

(1)

Residential structures shall be built on a crawl space or a modified slab at least 18 inches above grade with a minimum 18-inch brick masonry curtain wall exposed.

(2)

Principal building roofs on residential structures shall be gabled or hipped with a minimum 6/12 -roof pitch. Gabled or shed roofed dormers may be permitted provided that they do not exceed, in the aggregate, 80 percent of the facade width.

(3)

Residential structures shall have their principal entrance facing the street and shall have a front covered porch consistent with the majority of older historic homes found in the neighborhood.

(4)

Covered porches shall span a minimum of 50 percent of the front facade of the house and shall have a minimum usable depth of six feet.

(5)

Porch roofs shall be supported by architectural elements traditionally used in the neighborhood such as, but not limited to, round Doric or Tuscan columns, square posts (five inches by five inches minimum size) with ornamental base and cap, or tapered square posts set on brick masonry piers. Ornamental metal supports which are inconsistent with early 20th century architecture in Ghent shall be prohibited. All porch supports, excluding masonry elements, shall be painted.

(6)

Ornamental metal railings are prohibited. Railing pickets, spindles, or balusters, if used, shall be spaced in accordance with state building code requirements, but in no case shall said pickets, spindles, or balusters exceed a maximum distance of six inches on center. Pickets, spindles, or balusters should not be attached to the outside of horizontal rail members, but shall be positioned in the center of said members. Porch railings, excluding masonry units, shall be painted.

(7)

Buildings shall be sheathed in horizontal siding, wood shingles, stucco, or brick. Siding boards shall have a maximum six inches exposure to the weather.

(8)

Windows and doors shall have a vertical orientation and be fitted with a minimum four and one-half-inch wide casing or trim.

(9)

Garages, if incorporated into the design of the house, shall be set back a minimum of four feet from the front wall of the house (not including porch).

(10)

Front yard setbacks for residential properties shall be within a zone established by the minimum and maximum setbacks of existing structures found on the block. In new residential blocks developed within the neighborhood conservation district, buildings shall maintain a 15- to 20-foot front yard setback. The minimum side yard setback for residential properties shall be five feet. However, sufficient space shall be provided along one side of the lot to accommodate off-street parking within the side or rear yard of the property. Residential structures and accessory buildings shall not exceed 60 percent total lot coverage. Rear yard setbacks will be the resultant ground remaining from compliance with front and side yard setbacks and lot coverage requirements, but shall be no less than 15 feet.

Alterations to existing residential structures.

(1)

Residential structures with front porches shall retain these features.

(2)

Wood or masonry porch supports or railings may not be replaced with ornamental metal.

(3)

Wooden porch elements, if replaced with new wood materials, shall be painted.

(4)

When a front porch is added to an existing residential structure, the porch roof shall be supported by architectural elements traditionally used in the neighborhood such as, but not limited to, round Doric or Tuscan columns, square posts (five inches by five inches minimum size) with ornamental base and cap, or tapered square posts set on brick masonry piers. Railing pickets, spindles, or balusters, if used, shall be spaced in accordance with state building code requirements, but in no case shall said pickets, spindles, or balusters exceed a maximum distance of six inches on center. Pickets, spindles, or balusters should not be attached to the outside of horizontal rail members, but shall be positioned in the center of said members. Porch elements, excluding masonry units, shall be painted. Ornamental metal supports and railings are prohibited.

(5)

Windows and doors in new additions shall have a vertical orientation and be fitted with casing or trim to match the existing casing or trim on the house.

(6)

Front yard setbacks for residential properties shall be within a zone established by the minimum and maximum setbacks of existing structures found on the block. The minimum side yard setback for residential properties shall be five feet. However, sufficient space shall be provided along one side of the lot to accommodate off-street parking within the side or rear yard of the property. Residential structures and accessory buildings shall not exceed 60 percent total lot coverage. Rear yard setbacks will be the resultant ground remaining from compliance with front and side yard setbacks and lot coverage requirements, but shall be no less than 15 feet.

(7)

In accordance with section 15-127 of this ordinance, residential structures that do not comply with the standards enumerated in this section that are destroyed by fire, demolition, or act of God may be reconstructed within a 180-day period without complying with said standards. Compliance with the above enumerated standards may be waived in part or in whole by the zoning administrator beyond the 180-day period in situations involving the reconstruction of a house that is identified as a "contributing" structure in the Ghent National Register Historic District, as identified in the Ghent Historic District National Register of Historic Places Registration Form, prepared by Black & Black Preservation Consultants, bearing date December 1987, a copy of which is on file in the office of the city planner. Flexibility in the administration of these standards is necessary where the intent is to reconstruct a historic house to its original appearance prior to its destruction.

Area 2: Residential standards for the area bounded by the west side of Seventh Street on the East, the east and south sides of Trent Boulevard on the West and North respectively, and lots abutting the north side of Park Avenue right-of-way. Also included are lots located on the north and south sides of Park Avenue between Fifth and Seventh Streets and the YMCA property:

New residential construction.

(1)

Residential structures shall be built on a crawl space or a modified slab at least 18 inches above grade with a minimum 18 inches brick masonry curtain wall exposed.

(2)

Buildings shall be sheathed in horizontal siding, wood shingles, stucco, or brick. Siding boards shall have a maximum six inches exposure to the weather.

(3)

Garages or carports, if incorporated into the design of the house, shall be set back a minimum of two feet from the front wall of the house.

(4)

Front yard setbacks for residential properties shall be within a zone established by the minimum and maximum setbacks of existing structures found on the block. The minimum side yard setback for residential properties shall be eight feet. However, sufficient space shall be provided along one side of the lot to accommodate off-street parking within the side or rear yard of the property. Residential structures and accessory buildings shall not exceed 60 percent total lot coverage. Rear yard setbacks will be the resultant ground remaining from compliance with front and side yard setbacks and lot coverage requirements, but shall be no less than 15 feet.

Alterations to existing residential structures.

(1)

Residential structures with covered front porches shall retain these features.

(2)

Wood or masonry porch supports or railings may not be replaced with ornamental metal.

(3)

Wooden porch elements, if replaced with new wood materials, shall be painted.

(4)

When a front porch is added to an existing residential structure, the porch shall be supported by architectural elements traditionally used in the neighborhood such as, but not limited to, round Doric or Tuscan columns, square posts (five inches by five inches minimum size) with ornamental base and cap, or tapered square posts set on brick masonry piers. Railing pickets, spindles, or balusters, if used, shall be spaced in accordance with state building code requirements, but in no case shall said pickets, spindles, or balusters exceed a maximum distance of six inches on center. Pickets, spindles, or balusters should not be attached to the outside of horizontal rail members, but shall be positioned in the center of said members. Porch elements, excluding masonry units, shall be painted. Ornamental metal supports and railings are prohibited.

(5)

Windows and doors in new additions shall be fitted with casing or trim to match the existing casing or trim on the house.

(6)

Front yard setbacks for residential properties shall be within a zone established by the minimum and maximum setbacks of existing structures found on the block. The minimum side yard setback for residential properties shall be eight feet. However, sufficient space shall be provided along one side of the lot to accommodate off-street parking within the side or rear yard of the property. Residential structures and accessory buildings shall not exceed 60 percent total lot coverage. Rear yard setbacks will be the resultant ground remaining from compliance with front and side yard setbacks and lot coverage requirements, but shall be no less than 15 feet.

(Ord. No. 2005-77, § 1, 12-13-05)

Editor's note— See note at article XXVI-A.