2.1.1 ZONING MAP

A.

Zoning Districts: The boundaries of each zoning district are shown on a map entitled "Town of Tarboro North Carolina Official Zoning Map" which is hereby made a portion of this ordinance. The Official Zoning Map shall bear the adoption date of this ordinance and the signatures of the Mayor and Town Clerk.

B.

Overlay Districts: Certain overlay districts such as the Flood Hazard Overlay District, Historic Overlay District, Watershed Critical Area Overlay District, etc., are hereby established and incorporated by reference. The spatial data for such overlay(s) shall be presented with the Official Zoning Map, as appropriate.

C.

Administration and Maintenance of Zoning Map: The Official Zoning Map shall be maintained in the Town of Tarboro Planning Department and a copy shall be kept on file with the Town Clerk. The Administrator shall separately maintain the digital files that comprise the map and record all map amendments in a separate metadata file.

2.1.2 INTERPRETATION OF BOUNDARIES

When uncertainty exists with respect to the boundaries or districts as shown on the Official Zoning Map, the following rules shall apply:

A.

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

B.

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

C.

Where the Official Zoning Map shows a district boundary dividing a lot, each part of the lot shall conform to the standards established by this ordinance for the zoning district or overlay zoning district in which that part is located.

D.

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 in accordance with Chapter 14 of this ordinance.

2.2.1 GENERAL USE ZONING DISTRICTS

The general use zoning districts below are established and applied to property as set forth on the Official Zoning Map.

A.

Base Zoning Districts. In order to maintain existing auto-oriented commercial and industrial areas, and conventionally developed residential subdivisions, there are hereby established base zoning districts with the designations and general purposes listed under each and the specifically permitted uses, conditional uses, and dimensional standards included. Each base district has a corresponding Conditional District designation which shall be administered in accordance with Section 2.7.

2.3.1 TABLE OF RURAL AND SUBURBAN RESIDENTIAL DEVELOPMENT STANDARDS

¹

Maximum density permitted is subject to standards of applicable Zoning Overlays.

²

Dimensional and other requirements in this table for the O&I district are applicable to residential developments only.

³

For Townhome developments, this standard applies to the entire development, not individual Townhome lots.

⁴

On lots with multiple street frontages, the Street Setback applies to all property lines adjoining a public right-of-way or private street easement.

⁵

Accessory structures are not permitted within a required Street Setback.

⁶

Accessory structure are not permitted to exceed the height of a principal structure located on the same lot.

2.3.2 TABLE OF NON-RESIDENTIAL DEVELOPMENT STANDARDS

¹

Maximum Building Floor Area permitted in the O&I District applies only to those uses classified as "Commercial" in the Permitted Use Table. The is no maximum floor area for other uses permitted in the O&I District.

²

On lots with multiple street frontages, the Street Setback applies to all property lines adjoining a public right-of-way or private street easement. Development is required to meet site triangle requirements.

³

In situations where required perimeter buffer widths are greater than required Side Setback, minimum Side Setback is increased the minimum required perimeter buffer width (See Chapter 8).

⁴

Maximum building height is 40 feet when a structure is located within 100 feet of a residential district.

⁵

Accessory structures are not permitted within a required Street Setback.

⁶

Accessory structure are not permitted to exceed the height of a principal structure located on the same lot.

2.4.1 USE CATEGORIES

All uses permitted in the UDO have been divided in to 10 categories, defined as follows:

A.

Residential: These uses are intended for long-term human habitation by means of ownership or rental. This category of uses excludes the short-term leasing or rental of property for less than 1 month.

B.

Lodging: These uses are intended for short-term human habitation including daily and weekly rental.

C.

Office/Service: These uses include the transaction of general business and the provision of services. This category of uses excludes retail sales and manufacturing, except as a minority component of the primary use.

D.

Commercial/Entertainment: These uses include the transaction of commercial sales of merchandise, prepared foods, and food and drink consumption. This category of uses excludes the manufacturing of goods and products.

E.

Civic: These uses include organizations dedicated to religion, government, arts and culture, recreation and sports, and other similar areas of public assembly.

F.

Educational and Institutional: Uses and premises dedicated to education, social service, health care, and other similar functions.

G.

Automotive: These uses are accessed predominantly by or dedicated to the sale, maintenance, servicing and/or storage of automobiles or similar vehicles.

H.

Industrial: Uses dedicated to the creation, assemblage, storage, and repair of items including their wholesale or retail sale.

I.

Agricultural: Uses dedicated to growing crops, raising animals, harvesting timber, and harvesting fish or other animals from a farm, ranch, or their natural habitat and all related functions.

J.

Infrastructure: Uses dedicated to transportation, communication, information, and utilities.

2.4.2 INTERPRETATION OF THE PERMITTED USE TABLE

A.

Permitted/Prohibited Uses: Uses not listed as permitted (P), permitted with additional standards (PS), or requiring a special use permit (SUP) are presumed to be prohibited (-) from the applicable zoning district.

B.

Uses Not Listed: In the event that a particular use is not listed in the Permitted Use Table, and such use is not listed as a prohibited use and is not otherwise prohibited by local, state, or federal law, the Administrator shall determine whether a materially similar use exists in the UDO. Should the Administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the Administrators decision shall be recorded in writing. Should the Administrator determine that a materially similar use does not exist, the Administrators determination may be appealed to the Board of Adjustment, as described in Chapter 15 of this ordinance. Alternatively, the UDO may be amended, as described in Chapter 15, to establish a specific listing for the use in question.

C.

Materially Similar Uses: The Administrator may determine that a use is materially similar if a permitted use is similarly classified by one or more of the following use classification systems:

1.

American Planning Association Land-Based Classification Standards (LBCS).

2.

North American Industrial Classification System (NAICS).

3.

Institute of Traffic Engineers Trip Generation Guide (ITS).

2.4.3 PERMITTED USE TABLE

A.

(P) - This notation indicates that the listed use is permitted by-right in the corresponding zoning district.

B.

(PS) - This notation indicates that the listed use is permitted by-right in the corresponding zoning district, with supplemental use standards as defined in Chapter 3 of this ordinance.

C.

(CUP) - This notation indicates that the listed use is permitted with approval of a Conditional Use Permit by the Town of Tarboro Town Council.

D.

(-) - This notation indicates that the listed use is not permitted in the corresponding zoning district.

"P" = Permitted; "PS" = Permitted with Standards; "CUP" = Conditional Use Permit; "-" = Not Permitted

"P" = Permitted; "PS" = Permitted with Standards; "CUP" = Conditional Use Permit; "-" = Not Permitted

"P" = Permitted; "PS" = Permitted with Standards; "CUP" = Conditional Use Permit; "-" = Not Permitted

"P" = Permitted; "PS" = Permitted with Standards; "CUP" = Conditional Use Permit; "-" = Not Permitted

"P" = Permitted; "PS" = Permitted with Standards; "CUP" = Conditional Use Permit; "-" = Not Permitted

"P" = Permitted; "PS" = Permitted with Standards; "CUP" = Conditional Use Permit; "-" = Not Permitted

"P" = Permitted; "PS" = Permitted with Standards; "CUP" = Conditional Use Permit; "-" = Not Permitted

"P" = Permitted; "PS" = Permitted with Standards; "CUP" = Conditional Use Permit; "-" = Not Permitted

"P" = Permitted; "PS" = Permitted with Standards; "CUP" = Conditional Use Permit; "-" = Not Permitted

"P" = Permitted; "PS" = Permitted with Standards; "CUP" = Conditional Use Permit; "-" = Not Permitted

For the purposes of managing certain environmentally sensitive, historic neighborhoods, or visually important geographic areas, certain zoning overlay districts are hereby established to impose design, use, or other standards in addition to the requirements of the underlying base zoning district. Location of overlay zoning districts is shown on the official Town of Tarboro Zoning Map.

2.5.1 OVERLAY ZONING DISTRICT DESCRIPTIONS

2.5.2 FLOOD HAZARD OVERLAY (FHO) DISTRICT

A.

Purpose: The Flood Hazard Overlay district is a zoning overlay district intended to protect people and property from the hazards of flooding.

B.

Regulations: The regulations for development within the FHO district are further described in Chapter 12 of this Ordinance.

2.5.3 AIRPORT HAZARD OVERYLAY DISTRICT (AHO)

A.

Applicability: It is the intent of the AHO district to restrain influences which are averse to the property and safe conduct of aircraft in the vicinity of the Tarboro- Edgecombe Airport. The regulations of this overlay district are intended to prevent conditions hazardous to aircraft operation, prevent conflict with land development which may result in loss of life and property, and to encourage development which is compatible with airport use characteristics.

B.

Regulations: Except as otherwise provided, no structure shall be erected, altered, or maintained and no trees shall be allowed to grow in any zone created by this Section to a height in excess of the applicable height limitations herein established for each zone in question as follows:

1.

Approach Zone (AHO-A): Slopes 20 feet outward for each foot of upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline. The inner dimension is 500 feet and its outer dimension is 2,000 feet.

2.

Transitional Zones (AHO-T): Slopes 7 feet outward for each foot of upward beginning at the side of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation or 202 feet above mean sea level. In addition to the foregoing, there are established height limits sloping 7 feet outward for each foot upward beginning at the sides and at the same elevation as the approach surface, and extending to where they intersect the horizontal surface.

3.

Horizontal Zone (AHO-H): Established 150 feet above the airport or at an elevation of 202 feet above mean sea level.

4.

Conical Zone (AHO-C): Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to an elevation of 402 feet above mean sea level.

C.

No Interference With Airport Operations: No use of may be made of land or water within any zone established in this section in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

D.

Nonconformities: The regulations prescribed by this section shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this section and is diligently prosecuted.

1.

Notwithstanding the above, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as deemed necessary by the Tar-Edgecombe Airport Authority to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the Tar-Edgecombe Airport Authority.

E.

Permitting: The Administrator shall not issue a zoning permit within an AHO-A, AHO-H, or AHO-T area until it has been determined that the request is in compliance with the terms of these regulations.

1.

Except as specifically provided in this Subsection, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been granted in accordance with Chapter 15 of this Ordinance.

i.

In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground except when because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

ii.

In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when because of terrain, land contour, or topographic features, such tree or structure would extend above the height limit prescribed for such transition zones.

iii.

In areas lying within the limits of the transition zones, no permit shall be required for any tree or structure less than 75 feet above the ground, except when such tree or structure because of terrain, land contour, or topographic features would extend above the height limit prescribed for such transition zones.

2.

Nothing contained in any of the foregoing exceptions shall be construed as permitted or intending to permit any construction or alteration of any structure or growth of any tree in excess of the height limits established by this Section except where authorized.

F.

Hazards: No permit shall be granted that would allow the establishment or creation of an obstruction or permit of a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this section, or any amendments thereto, or than it is when the application for a permit is made.

G.

Discontinuance of Nonconformities: Whenever the Administrator determines that a nonconforming tree or structure has been abandoned or more than 60% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

H.

Variances: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in compliance with the regulations prescribed in this Section may apply to the Planning Board for a variance in accordance with the provisions of Chapter 15. The application for variance shall be accompanied by a determination from the Federal Aviation Administration (FAA) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief, if granted, will not be contrary to the public interest, not create a hazard to air navigation, will do substantial justice and will be in accordance with the spirit of this Section. Additionally, no application for variance to the requirements of this Section may be considered by the Planning Board unless a copy of this application has been furnished to the airport manager and/or the airport authority for advice as to the aeronautical effects of the variance. If the airport manager and/or airport authority does not respond to the application within 15 days after receipt, the Planning Board may act on its own to grant or deny said application.

I.

Conditions of Approval: Any permit or variance granted, if such action is deemed advisable to effectuate the purpose of this section and be reasonable in the circumstances, may be so conditioned as to require the owner of the structure or tree in question to install, operate or maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Planning Board, this condition may be modified to require the owner to permit the Tarboro-Edgecombe Airport Authority, at its own expense, to install, operate, and maintain the necessary markings and lights.

2.5.4 HISTORIC DISTRICT OVERLAY (HDO)

A.

Applicability: The use and development of any land or structure within the HDO shall comply with the use regulations and intensity regulations applicable to the underlying zoning district, except that no manufactured home, multifamily conversion, multifamily townhome, or multifamily apartment shall be located within a Historic District Overlay. No exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features) or any above-ground utility structure, or any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished within the Historic District until after an application for a Certificate of Appropriateness as to exterior architectural features has been submitted to an approved by the Historic District Commission (HDC).

1.

For the purpose of this Subsection, "exterior architectural features" shall include the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures. In the case of outdoor advertising signs, "exterior architectural features" shall be construed to mean the style, material, size, and location of all such signs.

B.

Certificate of Appropriateness (COA) Required: Certificates of Appropriateness shall be issued by the HDC prior to the issuance of a building permit or any other permit granted for purposes of constructing, altering, or demolishing buildings or structures. A COA shall be required whether or not a building permit is required. Any building permit or other permit not issued in conformity with this section shall be invalid.

C.

Certificate of Appropriateness Not Required: Nothing in this Subsection shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in the Historic District that does not involve a change in design, material, or outer appearance thereof, or to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of any such feature that the Building Inspector or similar official shall certify is required by the public safety because of unsafe or dangerous condition. Ordinary maintenance or repair shall include, but is not limited to, the following:

1.

Painting of structures, when said painting is not connected with alteration or new construction.

2.

Interior work which does not result in any exterior changes.

3.

Planting of yard vegetables, shrubbery, trees, etc.

4.

Replacement of window glass with a pane of equal dimensions and transparency.

5.

Caulking and weather-stripping.

6.

Installation on the rear or side of the house, window air conditioner(s), television antennas, and other temporary mechanical equipment.

7.

Repairs to walks, patios, fences, and driveways as long as the replacement materials match the original.

8.

Replacement of small amounts of missing or deteriorated siding, roof shingles, porch flooring, steps or railing, so long as the replacement materials are identical to the original.

i.

For siding, roofing, and porch flooring, 20 square feet or less shall be considered normal maintenance.

On the basis of the preliminary sketches or drawings and other supporting data, the Administrator may exempt from requirements for a COA those projects involving the ordinary maintenance or repair of any exterior architectural feature that does not involve a change in design, material, or outer appearance thereof. The Administrator shall notify the HDC of all such exemptions.

D.

Procedures for Approval of COA's: The following are required for the submittal of an application for a COA:

1.

Applications for COA shall be filed with the Administrator. The Administrator shall prescribe the forms on which the application is made, as well as any other material which may be reasonably be required to determine the nature of the application. No application shall be accepted by the Administrator unless it complies with such requirements. Applications which are not complete shall be returned forthwith to the applicant, with notation of the deficiencies in the application.

2.

The HDC may specify criteria for situations in which the Administrator may waive any of the application material requirements.

E.

Notification of Affected Property Owners: Prior to approval or denial of an application for a COA, the HDC shall take such action as may be required to inform the owners of any property likely to be materially affected by the application and shall give the applicant and such owners an opportunity to be heard.

F.

Public Hearing: In cases where the HDC deems it necessary, it may hold a public hearing concerning the application.

G.

Commission Action: Within 60 days of the acceptance of the application, or within such further time consented to by written notice from the applicant, the Commission shall take action on the application. Such action shall be based upon the review criteria in this Subsection and shall be one of the following:

1.

Approval;

2.

Approval subject to conditions;

3.

Denial.

Failure of the HDC to take final action on an application within the prescribed time limit, or extensions thereof, shall result in approval of the application as submitted. The HDC may impose such reasonable condition on its approval of an application as will ensure that the spirit and intent of this article achieved.

H.

Delay of Demolition: As application for a COA authorizing the relocation, demolition, or destruction of a building or structure within the Historic District may not be denied. However, the effective date of such a COA may be delayed for a period of up to 365 days from the date of approval. The maximum period of delay authorized by this section shall be reduced by the HDC where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period, the HDC may negotiate with the owner and with any other parties in an effort to find a means of preserving the building. If the HDC finds that a particular building has not particular significance or value toward maintain the character of the Historic District, it shall waive all or part of such period and authorize earlier demolition or removal. In every case, the record of the HDC shall include the reasons for its actions.

I.

Actions Subsequent to Decision: The Administrator shall notify the applicant of the HDC's decision in writing and shall file a copy of it with the Town's Planning Department. If the application is denied, the notice shall include the reasons for such action.

J.

Appeal of Decision: A decision by the HDC on an application for a COA may be appealed to the Planning Board in accordance with the provisions of Chapter 15.

K.

Submission of a New Application: If the HDC denies an application for a COA, a new application affecting the same property may be submitted only if substantive change is made in plans for the proposed construction, reconstruction, alteration, restoration, or moving.

L.

Modifications to Applications: An approved or pending application for a COA may be modified by a written request from the applicant to the HDC. Such a request shall include a description of the proposed change and shall be accompanied by elevations, plans or sketches, where necessary. If the HDC finds that the modification constitutes a substantial change which might affect surrounding property owners, it shall request the applicant to notify affected property owners following the procedures in 2.5.4.E before taking action on the modification. The HDC shall thereupon treat the request in the same manner as any other application as outlined in 2.5.4.D.

M.

Review Criteria: In considering an application for a COA, the HDC shall take into account the historical and/or architectural significance of the structure under consideration and the exterior forma and appearance of any proposed additions or modifications to that structure that are visible from the public right-of-way. The HDC may not consider interior arrangement or use. The HDC, using the criteria below, shall make findings of fact indicating the extent to which the application is or is not congruous with the historic aspects of the Historic District. The criteria below shall be considered, when relevant, by the HDC when reviewing applications for a COA:

1.

The height of the building in relation to the average height of the nearest adjacent and opposite buildings.

2.

The setback and placement on lot of the building in relation to the average setback and placement of the nearest adjacent and opposite buildings.

3.

Exterior construction materials, including texture and pattern.

4.

Architectural detailing, such as lintels, cornices, brick bond, and foundation materials.

5.

Roof shapes, forms, and materials.

6.

Proportion, shape, positioning and location, pattern, and size of any elements of fenestration.

7.

General form and proportions of buildings and structures.

8.

Appurtenant fixtures and other features such as lighting.

9.

Structural conditions and soundness.

10.

Architectural scale.

N.

Parking: Where the HDC, in considering an application for a COA, finds that the number of off-street parking spaces required by this Ordinance for a building or structure for which a building permit is requested would render the building and/or parking area incongruous with the historic aspects of the district, it shall recommend to the Planning Board a waiver, in part or in whole, of the off-street parking requirements. The Planning Board may authorize a lesser number of off-street parking spaces, provided:

1.

The Planning Board finds that the lesser number of off-street parking spaces will not create problems due to increasing on-street parking; and

2.

Will not constitute a threat to public safety.

O.

Restoration: Where it is found by the HDC that an application for a building permit covers activity constituting an authentic restoration or reconstruction in the same location as the original location and in the original configuration of a structure of historic and/or architectural significance to the Historic District, such activity may be approved by the Planning Board, following approval by the HDC. This allows the waiver of zoning requirements which would otherwise prevent the authentic restoration or reconstruction of a structure so long as said improvement shall meet the requirements of the HDC.

P.

Improvements in the Public Right-of-Way: The Planning Board shall not be authorized, in action taken according to this subsection, to approve use of property which is not permitted by right or as a Conditional Use within the district in which the property is located. In addition to any other conditions the Planning Board may make regarding such authorization, any items restored, reconstructed, or maintained on, over, or within a public sidewalk, public alley or other such public way shall be the responsibility of the owner, their heirs or assigns. The owner's restoration reconstruction, or maintenance of any such item within such area shall constitute the owner's agreement to protect and hold the Town of Tarboro harmless against any and all liability, cost, damage, or expense suffered by the Town of Tarboro as a result of growing out of the restoration, reconstruction, or maintenance thereof. Such items, so approved, may be lawfully restored, reconstructed, or maintained. Any such item projecting over the right-of-way of a street or alley shall be, at its lowest point, 12 feet above the travel way.

Q.

Minor Works: The Administrator is authorized to approve minor works with a COA with prior categorical consent of the HDC. For any work not approved as a minor work, an application for a COA must be reviewed by the HDC. The Administrator shall use the following criteria to determine whether a proposed action is a minor work:

1.

Renewal of expired COA where no change or circumstances under which the COA was originally approved.

2.

Street, sidewalk, and underground utility work which does not substantially change the appearance of the streetscape, such replacement water and sewer lines, street resurfacing and installation or replacement of sidewalk and curbing.

3.

Replacement of missing or deteriorated siding, porch floors or roof shingles in excess of 20 square feet; trim, ceiling, columns, and balustrades or architectural details with new materials that are identical to the original.

4.

Removal of asbestos, asphalt, or other artificial siding when the original siding is to be repaired and repainted.

5.

Installation of metal foundation vents on side and rear only, soffit and roof vents, gable end vents and replacement of wood access doors. Installation of foundation access doors which cannot be easily seen from the street.

6.

Installation of mechanical equipment such as satellite receiving dishes, heating and air conditioning units, etc., which cannot be easily seen from the street or are screened from view with shrubbery or appropriate fencing.

7.

Minor work where there is no change in materials or appearance of the structure and where the visual character of the structure is not changed, i.e., replacement of deteriorated front porch floor when new material matches the original.

8.

Repair or replacement of masonry foundation where the original foundation material is retained or where new material matches the original.

9.

Small identification signs or historic markers previously approved by the HDC.

10.

Repainting and other masonry repairs where the color and composition of the mortar matches the original and new brick and/or stone matches the original.

11.

Installation of storm windows so long as they are of on-over-one construction and the sash and trim are not covered and a baked enamel finish which compliments or matches the structure is used.

12.

Installation of storm doors so long as they are "full view" type and highlight the features of the main door and frame and a baked enamel finish which compliments or matches the structure is used.

2.5.5 WATERSHED CRITICAL AREA OVERLAY DISTRICT (WCA)

A.

Applicability: The WCA district consists of that part of the Tar River public water supply watershed designated by the North Carolina Environmental Management Commission and is located within the Town of Tarboro Planning jurisdiction that is ½ mile upstream from and draining to the Town's Tar River water intake or the ridge line of the watershed (whichever comes first). The boundaries of the WCA district are delineated on the official zoning map as defined in Chapter 1 of this Ordinance. Land uses within the watershed districts must comply with all of the requirements of both the underlying general zoning district and the applicable watershed overlay district. The development standards and requirements within the WCA district can be found in Chapter 12 of this Ordinance; these standards are only applicable to new development activities which require an erosion and sedimentation control plan.

2.5.6 WATERSHED PROTECTED AREA OVERLAY DISTRICT (WPA)

A.

Applicability: The WPA district consists of that part if the Tar River public water supply designated by the North Carolina Environmental Management Commission and is located within the Town of Tarboro planning jurisdiction that is 10 miles upstream from and draining to the Town's Tar River water intake or to the ridge line of the watershed (whichever comes first). The boundaries of the WPA district are delineated on the official zoning map as defined in Chapter 1 of this Ordinance. Land uses within the watershed districts must comply with all of the requirements of both the underlying general zoning district and the applicable watershed overlay district. The development standards and requirements within the WPA district can be found in Chapter 12 of this Ordinance; these standards are only applicable to new development activities which require and erosion and sedimentation control plan.

Floating overlay districts are tools for development regulation that encourage creative designs in new development. The intent of floating districts is to allow more flexibility in the design of new development without requiring a standard legislative rezoning process.

2.6.1 CLUSTER SUBDIVISIONS

A.

Purpose and Intent: The intent of the cluster subdivision regulations is to authorize a developer to decrease lots sizes in exchange for increased useable open space, thereby lowering development costs and increasing the amenity of the project without decreasing the density beyond what would be permissible if the land were subdivided with the standards of zoning district in which it is located.

B.

Lot Sizes: In any single-family residential subdivision in the RD, GR3, GR5, or GR10 zoning districts, a developer may create lots smaller than required in the zoning district in which it is located as long as the development complies with the provisions of this Subsection. The proposed development must comply with the maximum density permitted in the underlying general zoning district.

C.

Useable Open Space: The amount of useable open space that must be set aside shall be determined by subtracting the lot sizes proposed for each lot from the minimum lot size required in the underlying general zoning district and adding together the results for each lot.

D.

Minimum Open Space: The provisions of this section may only be used of the useable open space set aside in a subdivision comprises at least 10,000 square feet of space that satisfies the definition of useable open space as set forth in Chapter 7 of this Ordinance.

E.

Other Dimensional Requirements: The setback requirements of the underlying general zoning district are applicable to structures in a cluster subdivision.

2.6.2 PLANNED DENSITY DEVELOPMENT (PDD)

A.

Purpose and Intent: The purpose of this section is to provide flexibility consistent with the public health and safety without increasing overall density to a developer who subdivides property and construct buildings on lots created in accordance with a unified and coherent plan for development.

B.

Applicability: Planned Density Developments are permissible only as a Conditional Use on tracts of at least 5 contiguous acres located within the RD, GR3, GR5, or GR10 zoning districts.

C.

Density: The overall density for a PRD may not exceed the density permitted in the underlying general zoning district.

D.

Permitted Uses:

1.

Residential: The permitted types of residential uses within a PRD include single-family detached dwellings, duplexes, townhomes and multi-family dwellings. The minimum lot area, lot width, and setbacks in § 2.3.1 may be varied in the PRD plan. The lot area, lot width and setbacks shall conform to the standards set forth in the master plan approved by the Town.

2.

Non-Residential: A maximum of 25% of the overall acreage of the area proposed as a Planned Density Development may be comprised of non- residential uses. Site plans for non-residential uses shall not be approved until 70% of the Certificates of Occupancy for residential uses within the development have been issued.

E.

Location of Uses: To the extent practicable, duplex, townhome, and multi-family portions of the PRD shall be developed more toward the interior, rather than the periphery, of the tract so that the single-family detached dwelling units border adjacent properties.

F.

Screening: In a PRD, the screening requirements that would normally apply where duplex, townhome or multi-family development adjoins a single-family development shall not apply within the tract as developed as a PRD, but all screening requirements shall apply between the tract so developed and adjacent lots.

G.

Recreation and Open Space: Recreation and open space in a PRD shall be provided in accordance with the standards set forth in Chapter 7 of this Ordinance.

Conditional Districts are districts with conditions that have been voluntarily added by the applicant and approved in a legislative procedure by the Town Council in accordance with G.S. 160A-382. Conditional Districts provide for orderly and flexible development under the general policies of this ordinance without the constraints of some of the prescribed standards guiding by-right development. Because Conditional District developments are constructed in a comprehensive manner, they establish their own building, street, block, and lot pattern which may be unique from surrounding blocks or neighborhoods. Conditional Districts may be used in any district but is not intended to relieve hardships that would otherwise be handled through the variance procedure.

2.7.1 STANDARDS FOR CONDITIONAL DISTRICTS

Within a Conditional District (CD), petitioners may place additional requirements or standards onto themselves and their property or ask that certain uses identified in the specific zoning category or ask that certain provisions in this ordinance be decreased. It shall be the final decision of the Town Council to grant or deny a CD zoning request in light of the revised development standards presented in accordance with the procedures contained in Chapter 15 of this ordinance. If no specific request is made by the petitioner to change the development standards, or if the petition is silent on the point, it shall be understood that the underlying zoning district guidelines and standards shall apply.

In addition to the modification of specific district standards except use, the various provisions detailed in Chapters 2 through 12 of this Ordinance may be varied if specifically requested by the petitioner as part of the Conditional District application, with the exceptions outlined below: